The URL can be used to link to this page

Browse Search

Home My WebLink About20102798.tiff WELD COUNTY SITE SP•IC DEVELOPMENT PLAN AND USE B•ECIAL REVIEW(USR) WELD COUNTY WATER SUPPLY INFORMATION SUMMARY • USR#: Am-USR-840 Site Name: Carr Gravel Resource Applicant: L.G. Everist, Inc. (LGE) Summary: The applicant is applying for additional uses at the Carr Gravel Resource, AmUSR-840. The proposed use would be in addition to the approved mining and reclamation plans that are already permitted. This application is not making any changes to the mining/reclamation operation. The proposed use we are applying for is a transload/storage yard within the site. The transload projects would all take place within an approximately 300-acre transload area, and would be temporary-6 months or less. See the Weld County Site Specific Development Plan and Use by Special Review Questionnaire for more details on the proposed use. We are submitting the attached Water Supply Information Summary sheet and Water Well Location Map to show the location of the two wells on the USR permitted property. However, due to the temporary nature of each transload project, we believe that an "adequate"water supply is not required by Weld County Code. Furthermore, the transload/storage projects would not require any water operationally. Water and sanitary needs for transload crews will be supplied by bottled drinking water and port-a-potties with hand sanitizer. The USR-permitted property is in parts of four sections. The water wells on the USR property are as follows: Section 26, Township 11N, Range 67W Water Court Case 95CW237, Well 52769-F Section 27, Township 11N, Range 67W Well 175779-A Section 35, Township 11N, Range 67W no wells in this section Section 1, Township 10N, Range 67W no well's in this section • The transload/storage yard will be located in Section 35, Township 11N, Range 67W-and there are actually no wells within Section 35. The interior haul route from the transload yard to the entrance/exit of the site is located in Section 27, Township 11N, Range 67W-there is one well owned by the applicant within Section 27. The proposed transload/storage operation will not affect groundwater. The transload operations will be conducted above the groundwater table. Note: The entire mining operation has always been above the groundwater table. If any dust suppression is needed for roads or other areas within the transload operations/leased areas, L.G. Everist can supply water to the leaseholders from the water right that LGE has on the Lone Tree Creek, Water Court Case 95CW237 (88CW170). The right is absolute, allows pumping up to 150 acre-feet/year, and also allows for 20-acre-foot of water storage. The allowed use is industrial, and includes using the water for dust control. This is not a change. A copy of the 95CW237 water court case is attached for reference. • 2010-2798 C-WELD-SiteSpec&USR-WaterSupplyInfo-2010.doc WATER SUPPLY INFORMATION SUMMARY Gi t 1 e IA- pl...A.J p1ait Section 30.29-133,Id1, C.R.S. requires that the applicant submit to the County/Adequate evidence that a water supply that 3(�k,��i/�-9� illbis sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water. � r. P. 1. NAME OF DEVELOPMENT AS PROPOSED CAte_ . .A•11st. ReStUR.ct t��Z1`rO yyo/ok aJdrh Uk — A-1/4\low) StGreve /2. LAND USE ACTION i — fj?jq A t/'-//ZAtte -1.9,- 4,,04,rd 't 1J'1Mi.t.j/o D 3. NAME OF EXISTING PARCEL AS RECORDED CAC k. .ct eAva_ gffst _L'-E, �y v�'k- C/Q SUBDIVISION N IA_ FILING N I A BLOCK N[A. LOT N /A 4. TOTAL ACREAGE Z 5. NUMBER OF LOTS PROPOSED N/A PLAT MAP ENCLOSED ❑ YES 6. PARCEL HISTORY - Please attach copies of deeds,plats or other evidence or documentation. It° Q/p1Q, A. Was parcel recorded with county prior to June 1, 1972? g YES 0 NO B. Has the parcel ever been part of a division of land action since June 1, 1972? 0 YES ( 1NOr 1014/11/4/ If yes, describe the previous action 7. LOCATION OF PARCEL - Include a map deliniating the project area and tie to a section corner. \ -O OF N /Z) SECTION ..-)(.5 TOWNSHIP I) AN ❑ S RANGE 677 ❑ E X-W (tHLiThAvkloajaL PRINCIPAL MERIDIAN: A 6TH A kM. ❑ UTE 0 COSTILLA cd 4 OZo 06 QZ)CC ) 7 W g P 8LSTIMATEO PLAT- Location of all wells on property must be plotted and permit numbers provided. N j \ l; Surveyors plat 0 Yes 0 No H not, soled hand dawn sketeh O Yes O No '�j Uvu— Avt, C 3 7( WATER REQUIREMENTS -Gallons per Dry a Acre Fat per Year 10. WATER SUPPLY SOURCE {SCC I T( 0 EXISTING 0 DEVELOPED 0 NEW WELLS - WELLS SPRING PEER AWFER6 ICI = It HOUSEHOLD USE k O of units GPO AF WELL PERMIT NUMBERS o Atunw 0 UPPER ARAPAHOE ❑UPPER DAMN 0 LOWER ARAPAHOE 00 LOWER DAWSON ❑URARE FOX HILLSCOMMERCIAL USE I of S.F. GPO AlAF o OufER 0 DAKOTA ❑O HER IRRIGATION X 0 of acres GPO AF STOCK WATERING 1 0 of head GPO AF 0 MUNICIPAL J 'a I 1/ ❑ ASSOCIATION WATER COURT DECREE CASE NO'S OTHER Tf,$f T - GPO Y2_ • AF 0 COMPANY yl tf t//g237\ ❑ DISTRICT r j 70) TOTAL GPO AF NAME LETTER OF COMMITMENT FOR SERVICE 0 YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES 34 NO IF YES, PLEASE FORWARD WITH THIS FORM. (The mey be required before our review is compleledJ 12. TYPE OF SEWAGE DISPOSAL SYSTEM ❑ SEPTIC TANK/LEACH FIELD 0 CENTRAL SYSTEM - DISTRICT NAME 11 LAGOON ❑ VAULT • LOCATION eAT SEWAGE HAULED TO 0 ENGINEERED SYSTEM IAttech a copy of engineering d APT OTHER T iC&kn2e6 7171449 46,1V are BM ; : • x , ....,__ ,, n 57 y l L' 1 . 3 1 0 { J ti. ' 6 '. { 22 w 22 \'ilb 2 t 24 . Da e• Ir, ` , .A./ t \ • p t 1;' • I r, I - _ - 1 57 • --sue`.: ' - 5676 _ - -- `- �I. Can 1L• _ _ `,x ' h r i . . _i ' -_ T T 1 a27�af `- n , 56.84 i 7 •9 27 .1 ®175771 26 25 - i A 27 11'r \ 1 k , ) ik. • ' axter am / Ill ,1 ti - \ .' At 11 • ' ' \I.,. . 3 34 36 , / l • I)4 + j,....._} , -\\___K.. : 34 35 � Seest,3g.7 N ‘. S\-.-. c I \Declination �� * M �- S. r C r I / / I I 1 \ I \ w 1) \ MN 9 05' E `Ne \\, Copyright (C) 2008. MyTopo 11 Name: DOVER (CO) PARTS OF SECTION 1 , T-10-N. Date: 03/01 /10 R-67-W, AND PARTS OF LG EVERIST, INC. Scale: finch = 2.000 ft. SECTIONS 26. 27 & 35, T-11 -N. CARR TRANSLOAD LEASE AREA R-67-W• 6TH P.M. , WELD COUNTY, COLORADO WATER WELL LOCATION MAP copyright (CI 2008 MyTopo • • ulsIniC;i if k.11':7 • AUG 2 7 '99 DISTRICT COURT, WATER DIVISION NO. 1, COLORADO COUh7ix, 9 . Case No. 95CW237 (88CW170) / °(J , 3T-Le _ `, R , FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE AND DECREE OF THE WATER COURT CONCERNING THE APPLICATION FOR WATER RIGHTS OF L. G. EVERIST, INC. IN WELD COUNTY This matter has come before the Court upon the application of L. G. Everist, Inc. (L. G. Everist) for a ruling and decree making absolute the water rights conditionally decreed in Case No. 88CW170, District Court, Water Division No. 1, or in the alternative, finding that reasonable diligence has been shown toward the completion of the appropriation of such water rights. Having made such investigations as are necessary to determine whether or not the statements to the application are true, and • being fully advised with respect to the subject matter of the application, the Referee enters the following findings of fact, conclusions of law, and ruling of the Referee : FINDINGS OF FACT 1. The application in this case was filed with the Water Clerk for Water Division No. 1 on November 30, 1995. The application was filed in a timely manner within the diligence period set forth in the decree in Case No. 88CW170. 2 . The name, address and telephone number of the applicant is : L. G. Everist, Inc. 9065 Quince Street Henderson, Colorado 80640 (303) 287-4656 3 . Timely and adequate notice of the application was given in the manner required by law. None of the land or water rights involved in this application is located in a designated groundwater basin. The Court has jurisdiction over the subject matter of this proceeding and over all persons who have standing to appear as parties, whether they have appeared or not . • 4 . No statements of opposition were filed in this case. The time for filing statements of opposition has expired. • L. G. Everist, Inc. Case No. 95CW237 Page 2 5 . The Division Engineer filed a summary of consultation dated March 1, 1996 . The Court has duly considered the summary of consultation pursuant to C.R.S. 5 37-92-302 (4) . 6 . L. G. Everist is the owner and user of the conditional water rights that are the subject of this application. The water rights were decreed to L. G. Everist in Case No. 88CW170, District Court, Water Division No. 1 . 7 . The names :of the structures that are the subject of this application are the following: A. Everist Well B. Everis,t Storage Ponds 8 . The conditional water rights, hereinafter referred to as the "Water Rights, " which L. G. Everist seeks to make absolute, or in the alternative, for which L.G. Everist seeks a finding of reasonable diligence, are described as follows : • A. Previous decree: The Water Rights were decreed on November 16, 1989 in Case No. 88CW170, District Court, Water Division No. 1 . B. Everist Well : (1) Location: The Everist Well is located in Weld County in the SE1/4 of the NW1/4, Section 26, Township 11 North, Range 67 West, 6th P.M. , at a point 1625 feet from the north section line and 1875 feet from the west section line . (2) Source: Lone Tree Creek (3) Appropriation date: September 30, 1988 (4) Rate of flow: 1. 25 cfs (5) Use : Industrial purposes, including storage in the off-stream storage ponds, described below, dust control, gravel washing for gravel mining, and other purposes related to the gravel mining operation, such as truck washing. C. Everist Storage Ponds : • (1) Location: Water diverted from Lone Tree Creek through the Everist Well has been stored in two • • • L. G. Everist, Inc. Case No. 95CW237 Page 3 off-stream storage ponds located at the gravel operation site in the NW1/4 of the NE1/4 of Section 35, Township 11 North, Range 67 West, 6th P.M. (2) Source : Water diverted from Lone Tree Creek through the Everist well - (3)- Appropriation date: September 30, 1988 (4) Storage capacity: 20 acre-feet (5) Use : The stored waters have been used year-round for industrial purposes, including dust control, gravel washing for gravel mining, and other purposes related to the gravel mining operation, such as truck washing. 9 . The applicant has presented the following evidence in support of its claims to make absolute the Water Rights, and in • support of a finding of diligence with respect to completion of the appropriations for the Water Rights, and the Referee finds that the claims should be granted based on such evidence : A. Everist Well : L. G. Everist began pumping water from Lone Tree Creek through the Everist Well, under the Everist Well water right described above in paragraph 8 , in amounts up to and including 1 .25 cfs on August 13 , 1991. The full amount has been pumped pursuant to said right and beneficially used during the following time periods leading up to November 30, 1995, the date on which L. G. Everist filed its application to make the subject water rights absolute : August 13, 1991 to November 14, 1991; April 6, 1992 to November 19, 1992; March 10, 1993 to November 19, 1993 ; March 3, 1994 to December 30, 1994 ; January 12, 1995 to December 27, 1995 . The Everist Well water right has also been consistently exercised during the period since L. G. Everist filed its application to make the Water Rights absolute, until the present . The water so diverted from Lone Tree Creek has been used for industrial purposes, including storage in the off-stream storage ponds, dust control, gravel washing for gravel • mining and operations related thereto. • L. G. Everist, Inc. Case No. 95CW237 Page 4 Currently, water is diverted from Lone Tree Creek through the Everist Well and to the Everist Storage Ponds by use of an infiltration gallery, installed at the location described above in paragraph 8 .B. (1) on August 16, 1999 . From 1991 until August 16, 1999, water was diverted to the Everist Well using a floating suction. The decree in Case No. 88CW170 contemplated that an infiltration gallery would be used to make such diversions; however, - diversions made using either device effectively have an instantaneous impact on the stream system. Based on the foregoing, and on the fact that L.G. Everist has manifested a continuing intent to complete the appropriation for the Everist Well water right, the Court finds that L. G. Everist has complied with the provision in paragraph 12 .B. of the decree in Case No. 88CW170 regarding the construction of the Everist Well, and an appropriation date of September 30, 1988 is hereby retained for the Everist Well . B. Everist Storage Ponds: • The off-stream storage ponds were constructed in February, 1991 at L. G. Everist's gravel operation site. Pursuant to the water rights for the Everist Storage Ponds described above in paragraph 8, 20 acre-feet of water have been stored in the storage ponds, continuously, since August of 1991 to the present . The stored water has been used for the decreed industrial purposes, including dust control, gravel washing for gravel mining, and operations related thereto. CONCLUSIONS OF LAW 10 . The application in this case is one contemplated by law and was filed in accordance with C.R.S. § 37-92-302 (1) (a) . The Court has exclusive jurisdiction over the subject matter of this proceeding pursuant to C.R.S . § 37-92-203 . 11 . Timely and adequate notice of the application was given in the manner required by law and this Court has jurisdiction over all persons or entities affected hereby, whether they have appeared or not . 12 . L. G. Everist has exercised reasonable diligence toward the completion of the appropriations of the conditional water . rights associated with the Everist Well and the Everist Storage Ponds, and the application for finding of reasonable diligence should be granted. C.R.S . § 37-92-301 (4) . • • • L. G. Everist, Inc. Case No. 95CW237 Page 5 13 . L. G. Everist has complied with the requirements regarding the construction of the Everist Well in paragraph 12 .B. of the decree in Case No. 88CW170; therefore, the appropriation date for the Everist Well remains September 30, 1988. 14 . L. G. Everist has made absolute the water rights described above in paragraph 8 for the structures known as the Everist Well and the Everist Storage Ponds. RULING 15 . The foregoing findings of fact and conclusions of law are incorporated by reference and modified as necessary to constitute the ruling of the Referee and the decree of the Court. 16 . The application for finding of reasonable diligence with respect to the conditional water rights decreed in Case No. 88CW170 is granted. • 17. The application to make absolute the water rights conditionally decreed to the structures known as the Everist Well and the Everist Storage Ponds is granted and such water rights shall retain an appropriation date of September 30, 1988 . 18 . L. G. Everist is not required to file any more applications for finding of reasonable diligence with respect to the Water Rights since they have become absolute water rights by virtue of the completion of the appropriations. Dated: `(,. ipta. '1,-1111°19 *aymoJjj7 S . Liesman d Water Referee Water Division No. 1 • u 2 s 2099 L. G. Everist, Inc. Case No. 95CW237 Page 6 THE COURT DOTH FIND: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. DATED: fla'ttq/tc Z 2 V ) BY THE COURT: J�nd ban W. IIuys Water Judge Water Division No. 1 State of Coloradol • • WELD COUNTY SITE SP•IC DEVELOPMENT PLAN AND USE BSECIAL REVIEW(USR) SEWAGE DISPOSAL INFORMATION USR#: Am-USR-840 • Site Name: Carr Gravel Resource Applicant: L.G. Everist, Inc. (LGE) Summary: The applicant is applying for additional uses at the Carr Gravel Resource, AmUSR-840. The proposed use would be in addition to the approved mining and reclamation plans that are already permitted. This application is not making any changes to the mining/reclamation operation. The proposed use we are applying for is a transload/storage yard within the site. The transload projects would all take place within an approximately 300-acre transload area, and would be temporary-6 months or less. See the Weld County Site Specific Development Plan and Use by Special Review Questionnaire for more details on the proposed use. Due to the temporary nature of each project that would occur in the proposed transload yard, a sewage/septic system is not required by Weld County Code. Water and sanitary needs for transload crews and drivers will be supplied by bottled drinking water and port-a- potties with hand sanitizer, which will be brought in for each project. S • C-WELD-SiteSpec&USR-Sewagelnfo-2010.doc Hello