HomeMy WebLinkAbout20013514.tiff STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY- -�
Department of Natural Resources
1313 Sherman St., Room 215 D I V O N
Denver, Colorado 80203 S
Phone:(303)866-3567 M INERA
FAX_(303)832-8106
GEOLO (
R ECL A M ATI
MINING•SAFI
June 13, 2001 Bill Owens
Governor
Rocky Hoffschneider, Platte Sand & Gravel LLC Greg e.evai re(t
E.ee�t�.e are(
Formal Objectors and other Parties Michael R.Long
All Other Interested Persons Division Director
RE: Platte Sand& Gravel LLC, File No. M-2000-158
S & H Mine New 112 Mining and Reclamation Permit Application
Addendum to the Rationale for Recommendation for Approval, Over Objections
To Whom It May Concern:
Enclosed is the Division of Minerals and Geology's (DMG) Addendum and Supplement to the
Addendum to the Rationale for Recommendation for Approval, Over Objections; Regular 112
Construction Materials New Application, Platte Sand & Gravel, LLC, S& H Mine, File No M-2000-158
to complete the information for your files on this application.
The Addendum addresses the concerns raised by the Western Mutual Ditch Company's (Western
Mutual) FAX dated May 18, 2001 and received by the DMG on May 22, 2001. Western Mutual was
allowed to be a party to the proceedings by the Mined Land Reclamation Board (MLRB) at its meeting
of May 24, 2001. Western Mutual issues were limited by the MLRB to hydrologic concerns.
The Supplement to the Addendum addresses the concems raised by Western Mutual and by Mr.
Michael Ptasnik in their pre-hearing statements received by the Division at the Pre-Hearing
Conference on June 4, 2001.
At the end of the Supplement to the Addendum is an updated list of objectors who have withdrawn
their objections to the Application.
Sincerely,
Carl B. Mount
Senior Environmental Protection Specialist
cc: Bruce Humphries, DMG
Sandy Brown, DMG
Cheryl Linden, Attorney Generals Office
Mark Held, Attorney Generals Office
Weld County Commissioners
Platte Valley Soil Conservation District
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Addendum and Supplement to the Addendum to the
Rationale for Recommendation for Approval, Over Objections; Regular 112
Construction Materials New Application,
Platte Sand & Gravel, LLC
S & H Mine, File No. M-2000-158
June 13, 2001
Addendum
On May 24, 2001, Lind, Lawrence & Ottenhoff LLP a firm representing Western Mutual Ditch Company ("Western
Mutual')petitioned the Mined Land Reclamation Board("MLRB")under Rule 2.7.2 to admit Western Mutual as a"Party"
to the Platte Sand&Gravel,LLC; S &H Mine File No. M-2000-158 proceedings. The MLRB accepted the petition to
allow Western Mutual as a Party to this matter but limited party status to the hydrologic issues.
This document is an addendum to the"Rationale for Recommendation for Approval Over Objections for the Platte Sand
& Gravel,LLC, S & H Mine,File No. M-2000-158"document dated April 6,2001. The following are issues raised by
Western Mutual, in its May 18, 2001 letter, and the Division's rationale for the approval recommendation over these
concerns and objections to the S &H Mine application,File No. M-2000-158.
ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND THE BOARD
`At the hearing, Western will propose the following limitations on the Applicant" (Lind,Lawrence&OttenhoffLLP,
May 18, 2001)
1. 'Area of dewatering less than 1 acre on the entire property at any given time;"
Division Response: In a letter dated March 30,2001,the Applicant committed to limit the area of dewatering to one
(1)acre or less in each lake area as recommended in the March 23, 2001 Leonard Rice Consulting Water Engineers
Report submitted to the Division. Any deviation from this plan will need to be submitted and approved by the Division.
2. "Dewatering to occur as close to the South Platte River and as far from the Ditch as possible;"
Division Response:In a letter dated April 4,2001,the Applicant committed to following the recommendations in the
Leonard Rice Report dated March 23, 2001. Specifically,mining in each lake area will be done as far from off site
wells as possible and as close to the river as practical for the lake area development.
3. "Mining depth during dewatering limited to 15 feet below the static water level;"
Division Response: In a letter dated March 30, 2001,the Applicant committed to the limit the depth of mining to 15
feet below the static water level or less during set up of the dredge, to reduce the impacts to the surrounding wells.
4. "No dewatering between March 15 and October 16 of any given year without Western's express permission;"
Division Response: In a letter dated April 4,2001,the Applicant committed to mining in each dewatering area to begin
early in the summer so that aquifer dewatering is complete prior to the next irrigation season. This commitment was
recommended in the March 23,2001 Leonard Rice Report to further minimize impacts to the other groundwater users.
Based on the groundwater analysis report prepared by Leonard Rice,the Division found this additional commitment
to be adequate to further protect the surrounding well owners. Any further agreements between the Applicant and
Western Mutual Ditch Company are private matters and not within the jurisdiction of the Division or the MLRB.
1
5. "Applicant installs two measuring weirs and clocks prior to the commencement of dewatering to measure the effect
of dewater activities on the Ditch;"
Division Response: Mining in each lake area will be done as far from off site wells as possible and as close to the river
as practical for the lake area development. The closest dewatering distance to the Western Mutual Ditch will be greater
than 1000 feet. In addition,the Western Mutual Ditch is situated at an elevation higher than the mining operation and
the groundwater table is over seven feet below the surface. Based on the limited dewatering activity to no greater than
one acre in size, the predicted cone of depression will not extend to the ditch,however,since the ditch is situated at an
elevation higher than the groundwater surface, whether the cone of depression will extend to the ditch is irrelevant.
Once the I-acre dewatering pit is completed,the remainder of the site will be wet mined. Therefore,the Division does
not believe that measuring weirs and clocks are necessary.
6. "No mining activity within 150'of the Ditch"
Division Response: The Division has approved two approaches to protect structures within 200 feet of the affected
land;obtain agreements with persons having an interest in the structure or maintain mining setbacks using the following
formula:
(setback distance) +(1.25 x pit depth) =mining offset distance
In the case of Western Mutual Ditch,the Applicant committed to an initial 50-foot setback distance. If the pit is
mined to a depth of 60-feet,then an additional 75-foot setback would be required(1.25 * pit depth). Therefore,the
total mining offset distance would be 125 feet.
ISSUES THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR
THE BOARD
7. "No water to be discharged to the Western Mutual Ditch;"
8. "Applicant to pay damages, including attorneys fees and costs, in the event of any injury to the Ditch or its
shareholders"
9. "No use of Ditch access road without Western's express permission. "
2
Supplement to the Addendum
On June 4, 2001, a second Pre-Hearing Conference was held at Division of Minerals and Geology offices. At that
conference,two Pre-Hearing Statements on behalf of Western Mutual and Michael Ptasnik and one additional exhibit on
behalf of objectors Rippe, Ptasnik and Scott were presented. The following are issues of concern to Western Mutual and
Michael Ptasnik as noted in the Pre-Hearing Statements and the Division's rationale for the approval recommendation over
various concerns and objections to the S &H Mine application,File No. M-2000-158.
Issues from the Pre-Hearing Statement of Western Mutual Ditch Company
ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND THE BOARD
"The Applicant must demonstrate that the proposed de-watering activities will not injure neighboring alluvial wells.
At a minimum, the following conditions should be imposed on the Applicant:"
1. "No dry mining of any kind(with limited exception-see below) shall be permitted without re-application to the
Mined Land Reclamation Board. Applicant shall notify all parties to the present Application proceeding by mail
of any re-application seeking increased de-watering activities. "
Division response: If an operator wishes to change any aspect of the reclamation permit,the permit must be modified
to allow for this change. That modification may take the form of a technical revision(a change in the permit which does
not have more than a minor effect upon the approved Reclamation Plan)or amendment(a change in the permit or an
application which increases the acreage of the affected land, or which has a significant effect upon the approved
Reclamation Plan). In this case,the Division would prefer not to condition the permit to require the operator to notify
all parties,however,the Board has the option to do so.
"De-watering activity shall be limited to the creation of a 'starter pit'for the assembly of the wet mining dredge,
and the following restrictions shall apply:
2. "No more than 1 acre on the entire property that is the subject of the application shall be de-watered at any one
time. "
Division Response: In a letter dated March 30,2001,the Applicant committed to limit the area of dewatering to one
(1) acre or less in each lake area as recommended in the March 23, 2001 Leonard Rice Consulting Water Engineers
Report submitted to the Division. Any deviation from this plan will need to be submitted and approved by the Division.
3. "Any starter pit shall be constructed as far from any neighboring wells as possible, as close [to]the South Platte
River as possible, and in areas of reduced aquifer transmissivity."
Division Response: In a letter dated April 4,2001,the Applicant committed to following the recommendations in the
Leonard Rice Report dated March 23, 2001. Specifically, mining in each lake area will be done as far from off site
wells as possible and as close to the river as practical for the lake area development.
4. "De-watering activities shall occur only between the months of October and March, inclusive."
Division Response: The Division does not see how the limitation of dewatering activities to certain times during the
year would have any effect on the operation of the Western Mutual Ditch since the lowest part of the ditch is 10 to 20
feet above the highest part of the land surface to be mined (see Pre-Mining Map Exhibit C and Mining Plan Map
Exhibit C-1). The Division has answered in numbers 2 and 4 of the Addendum to the Rationale(see above) how the
operator has limited the dewatering activities to protect other groundwater users with wells in the vicinity of the
operation.
3
5. "Applicant shall extend pumping times and otherwise regulate pumping practices to reduce potential impacts on
neighboring wells. "
Division Response: The applicant submitted a hydrologic evaluation of potential impacts to nearby wells prepared by
Leonard Rice Consulting Water Engineers,Inc. This report evaluates impacts to lowered water levels in wells resulting
from the dewatering of the 1-acre pit sites for dredge construction. The 1-acre starter pit will cause a maximum drop
of 5 feet, 2000 feet from the starter pit site if located above the most permeable portion of the aquifer. In addition,
mitigation effects of aquifer subflow and recharge will reduce the effects by 50 percent. If this occurs,the impacts to
nearby well users will be insignificant. Platte Sand& Gravel will also begin mining as far away from existing wells
and as close to the river as allowed. Any change to this plan will need to be submitted as a revision to the permit. The
Division believes that impacts to the surrounding well owners will be minimized.
6. "Once the dredge has been assembled, dewatering activities shall cease."
Division Response: In a letter dated April 4,2001, the Applicant committed to mining only 1 acre (as stated in the
original plan)to assemble the dredge and then stop pumping thus allowing water to flow back in the pit and float the
dredge.
7. "The Applicant shall install two measuring weirs and clocks prior to the commencement of dewatering to measure
the effect of dewatering on the Ditch. Both the Applicant and Western Mutual Ditch Personnel shall have ready
access to these structures and records."
Division Response: Mining in each lake area will be done as far from off site wells as possible and as close to the river
as practical for the lake area development. The closest dewatering distance to the Western Mutual Ditch will be greater
than 1000 feet. In addition,the Western Mutual Ditch is situated at an elevation higher than the mining operation and
the groundwater table is over seven feet below the surface. Based on the limited dewatering activity to no greater than
one acre in size,the predicted cone of depression will not extend to the ditch,however,since the ditch is situated at an
elevation higher than the groundwater surface, whether the cone of depression will extend to the ditch is irrelevant.
Once the 1-acre dewatering pit is completed, the remainder of the site will be wet mined. Therefore,the Division does
not believe that measuring weirs and clocks are necessary.
8. `Mining depth shall be limited to fifteen feet below the static water level. "
Division Response: In a letter dated March 30, 2001,the Applicant committed to the limit the depth of mining to 15
feet below the static water level or less during set up of the dredge,to reduce the impacts to the surrounding wells.
9. "The Applicant must demonstrate an ability to augment ground water evaporation losses from the pits at full build
out. Applicant currently owns insufficient water for augmentation. A 112 permit should be made contingent upon
Applicant's demonstration of ownership or control of water sufficient to augment evaporation losses and
adjudication of a decreed augmentation plan. "
Division Response: Platte Sand&Gravel predicts that 2,274.23 acre-feet of water to evaporate from the exposed lake
areas each year. This assumes a lake surface of 768.32 acres with an average net annual evaporation of 2.96 acre-
ft/surface acre. The applicant states they have no current water rights to use for make up water. The applicant may
not expose groundwater until the Colorado Division of Water Resources,Office of the State Engineer("OSE")issues
a well permit. The applicant states that a Temporary Substitute Supply Plan("TSSP")and well permit application have
been filed with the OSE. In the TSSP, the applicant states that it has committed to buying water from Longmont to
cover the industrial and evaporative uses associated with the operation during the first five years. The applicant has
committed that groundwater will not be exposed until they have received necessary approvals from the OSE.
4
ISSUES THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR
THE BOARD
10. "No water shall be discharged to the Western Mutual Ditch;"
11. "In the event the Western Mutual Ditch or its shareholders are injured by Applicant's dewatering activities,
Applicant shall be required to cease all dewatering activity until such injury is remedied and Applicant
demonstrates that no such injury will occur in the future. In addition, Applicant shall be required to compensate
Western Mutual Ditch Company for damages sustained as a result of any injury caused by Applicant's activities."
12. "No use of Ditch access road without Western's express permission."
Issues from the Pre-Hearing Statement of Michael Ptasnik
ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND THE BOARD
"The Applicant must demonstrate that the proposed de-watering activities will not injure neighboring alluvial wells.
At a minimum, the following conditions should be imposed on the Applicant:"
1. "No dry mining of any kind(with limited exception-see below) shall be permitted without re-application to the
Mined Land Reclamation Board Applicant shall notify all parties to the present Application proceeding by mail
of any re-application seeking increased de-watering activities."
Division response: If an operator wishes to change any aspect of the reclamation permit,the permit must be modified
to allow for this change. That modification may take the form of a technical revision(a change in the permit which does
not have more than a minor effect upon the approved Reclamation Plan)or amendment(a change in the permit or an
application which increases the acreage of the affected land, or which has a significant effect upon the approved
Reclamation Plan). In this case,the Division would prefer not to condition the permit to require the operator to notify
all parties,however,the Board has the option to do so.
"De-watering activity shall be limited to the creation of a 'starter pit'for the assembly of the wet mining dredge,
and the following restrictions shall apply:
2. "No more than I acre on the entire property that is the subject of the application shall be de-watered at any one
time. "
Division Response: In a letter dated March 30, 2001,the Applicant committed to limit the area of dewatering to one
(1) acre or less in each lake area as recommended in the March 23, 2001 Leonard Rice Consulting Water Engineers
Report submitted to the Division. Any deviation from this plan will need to be submitted and approved by the Division.
3. "Any starter pit shall be constructed as far from any neighboring wells as possible, as close [to]the South Platte
River as possible, and in areas of reduced aquifer transmissivity."
Division Response: In a letter dated April 4,2001,the Applicant committed to following the recommendations in the
Leonard Rice Report dated March 23, 2001. Specifically, mining in each lake area will be done as far from off site
wells as possible and as close to the river as practical for the lake area development.
4. "De-watering activities shall occur only between the months of October and March, inclusive."
Division Response: In a letter dated April 4,2001,the Applicant committed to mining in each dewatering area to begin
early in the summer so that aquifer dewatering is complete prior to the next irrigation season. This commitment was
recommended in the March 23,2001 Leonard Rice Report to further minimize impacts to the other groundwater users.
Based on the groundwater analysis report prepared by Leonard Rice,the Division found this additional commitment
to be adequate to further protect the surrounding well owners. Any further agreements between the Applicant and
5
• •
Western Mutual Ditch Company are private matters and not within the jurisdiction of the Division or the MLRB.
•
5. "Applicant shall extend pumping times and otherwise regulate pumping practices to reduce potential impacts on
neighboring wells. "
Division Response: The applicant submitted a hydrologic evaluation of potential impacts to nearby wells prepared by
Leonard Rice Consulting Water Engineers,Inc. This report evaluates impacts to lowered water levels in wells resulting
from the dewatering of the 1-acre pit sites for dredge construction. The I-acre starter pit will cause a maximum drop
of 5 feet, 2000 feet from the starter pit site if located above the most permeable portion of the aquifer. In addition,
mitigation effects of aquifer subflow and recharge will reduce the effects by 50 percent. If this occurs,the impacts to
nearby well users will be insignificant. Platte Sand& Gravel will also begin mining as far away from existing wells
and as close to the river as allowed. Any change to this plan will need to be submitted as a revision to the permit. The
Division believes that impacts to the surrounding well owners will be minimized.
6. "Once the dredge has been assembled, dewatering activities shall cease."
Division Response: In a letter dated April 4, 2001, the Applicant committed to mining only 1 acre (as stated in the
original plan)to assemble the dredge and then stop pumping thus allowing water to flow back in the pit and float the
dredge.
7. "The Applicant must demonstrate an ability to augment ground water evaporation losses from the pits at full build
out. Applicant currently owns insufficient water for augmentation. A 112 permit should be made contingent upon
Applicant's demonstration of ownership or control of water sufficient to augment evaporation losses and
adjudication of a decreed augmentation plan. "
Division Response: Platte Sand& Gravel predicts that 2,274.23 acre-feet of water to evaporate from the exposed lake
areas each year. This assumes a lake surface of 768.32 acres with an average net annual evaporation of 2.96 acre-
ft/surface acre. The applicant states they have no current water rights to use for make up water. The applicant may
not expose groundwater until the Colorado Division of Water Resources,Office of the State Engineer("OSE")issues
a well pewit. The applicant states that a Temporary Substitute Supply Plan("TSSP") and well permit have been filed
with the OSE. In the TSSP, the applicant states that it has committed to buying water from Longmont to cover the
industrial and evaporative uses associated with the operation during the first five years. The applicant has committed
that groundwater will not be exposed until they have received necessary approvals from the OSE.
ISSUES THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR
THE BOARD
8. "In the event the Western Mutual Ditch or its shareholders are injured by Applicant's dewatering activities,
Applicant shall be required to cease all dewatering activity until such injury is remedied and Applicant
demonstrates that no such injury will occur in the future. In addition,Applicant shall be required to compensate
Western Mutual Ditch Company for damages sustained as a result of any injury caused by Applicant's activities."
Updated List of Objections Withdrawn to Date
Objector Dated Received
Norman&Judith Swank February 27,2001 March 1,2001
Mr. James J. Brochard June 2, 2001 June 5, 2001
Marty Block(XCEL ENERGY) June 7, 2001 June 7, 2001
6
• Certificate of Service
I, \MtaffiA � , hereby certify that on this 16 day of
2001, I deposited a true copy of the foregoing Addendum and
Supple nt to the Addendum to the Rationale for Recommendation for Approval, Over Objections—
Regular 112 Construction Materials New Application, related to Platte Sand and Gravel, LLC, S & H
Mine, File No. M-2000-158, in the United States Mail, postage paid, addressed to the following:
See attached list
FOR THE MINED LAND RECLAMATION BOARD
,RG(Co
Certifying Signature
L (G)
l �l At(
Certifying lgnature
gaw\mlrb\plate sand&gravel m-2000-158 certificate of svc6-I5-0I cbm
• i
ROCKY HOFFSCHNEIDER STAN ODENBAUGH
PLATTE SAND&GRAVEL LLC 11100 WCR 38
P O BOX 180 PLATTEVILLE CO 80651
LITTLETON CO 80106
STEVAN O'BRIAN ROYCE A REINICK
ENVIRONMENT INC 11049 WCR 40
7985 VANCE DRIVE SUITE 205A PLATTEVILLE CO 80651
ARVADA CO 80003
KATHRYN A HARDIN BRUCE W RIPPE
11250 WCR 38 11419 WCR 36
PLATTEVILLE CO 80651 PLATTEVILLE CO 80651
MICHAEL J PTASNIK MICHAEL DECKER
18995 WCR 23 11142 COUNTY ROAD 38
PLATTEVILLE CO 80651 PLATTEVILLE CO 80651
GALE L SCOTT DAVID W SIPLE
11496 WCR 40 PATINA OIL&GAS CORPORATION
PLATTEVILLE CO 80651 1625 BROADWAY SUITE 2000
DENVER CO 80202
JAMES J BROCHARD BETH DECKER
11665 WCR 32 'V2 11470 WCR 38
PLAI IEVILLE CO 80651 PLATTEVILLE CO 80651
MIKE DEPRATT DUSTIN M AMMONS
10997 WCR 36 DAVIS GRAHAM& STUBBS LLP
PLA11'EVILLE CO 80651 1550 SEVENTEENTH STREET SUITE 500
DENVER CO 80202
• #
CHRIS GRENEAUX NANETTE FORMONT
HS RESOURCES INC MILLIKEN TOWN HALL
1999 BROADWAY SUITE 3600 P O BOX 290
DENVER CO 80202 MILLIKEN CO 80543
MARTY BLOCK
XCEL ENERGY WELD COUNTY COMMISSIONERS
16805 WCR 19'A 915 10111 STREET
PLATTEVILLE CO 80651 GREELEY CO 80632
SANDRA JIMMY&KENNETH BOOS
11258 WELD COUNTY ROAD 40 MS SHARON SCHUYLER
PLATTEVILLE CO 80651 PLAT IE VALLEY SCD
840 BROADWAY AVE
FT LUPTON CO 80621
SHARYN FRAZER&THOMAS HAREN
AGPRO ENV SVCS LORI POTTER
4311 HWY 66/4 KELLY HAGLUND GARNSEY&KAHN
LONGMONT CO 80504 1441 EIGHTEENTH STREET STE 300
DENVER CO 80202
FREDERICK L GINSBURG
P O BOX 697 KRIS PICKETT
PARKER CO 80134 PICKETT ENGINEERING INC
808 8ni STREET
GREELEY CO 80631
WESTERN MUTUAL DITCH COMPANY
c/o P ANDREW JONES
LIND LAWERENCE&OTTENHOFF LLP
1011 ELEVENTH AVE
GREELEY CO 80631
NORMAN&JUDITH SWANK
16543 WCR 23
PLATTEVILLE CO 80134
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