HomeMy WebLinkAbout891591.tiff = - • Q (`/,
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
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TELEPHONE: (303) 331-8511
-/076-
EMISSION PE ' .`• I .
PERMIT NO: 89WE068F NIrTrIROVkil�►]1�
' DATE ISSUED: December 5, 1989 FINAL APPROVAL•
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ISSUED TO: ANDESITE ROCK COMPANY
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Sand and gravel mining located at Weld County Road 124 and 15
near Carr in [field County, Colorado.
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THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
' Sand and gravel mining activities to include extraction,
stockpiling, transport up to 500,000 ton/year gravel.
P
'accessing a ' __alvelii.e. crushin ind!mscreeni-rgwv ie1Je
covered by separa e - it.
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR
QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S.
(25-7-101 et seq) , TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE
SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
1. The fugitive particulate emission control measures listed on the
attached page (as proposed in the Fugitive Particulate Emission Control
Plan submitted to the Division) shall be applied to the fugitive
particulate emission producing sources as required by Regulation No.1.
. . ,continued
2220/118/1 ' •
Si 1591
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ANDESITE ROCK CO.Q'IPANY
Emission Permit No. 89WE068F
Initial Approval
Page 2.
2. The Divisi'on's approval of the proposed control plan is based on the
submitted production level as listed below. Prior to any increase in
daily or annual production rates, the applicant shall submit a Revised
Air Pollution Emission Notice and Control Plan which will be subject to
Division review and approval to ensure compliance with the National
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Ambient Air Quality Standards for particulate matter. Annual records
of the actual production rate shall be maintained by the applicant and
made available to the Division for inspection upon request.
Production of gravel shall not exceed 1600 tons/day or 500,000
tons/year.
By: By. y,`" eu--i
Re iew Engineer James S. Geier, P.E., Chief
Fun Plog, P.E. New Source Review Section
Stationary Sources Program
Air Pollution Control Division
P-89/de
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ANDESITE ROCK COMPANY
Emission Permit No. 89WE068F
Initial Approval
FUGITIVE PARTICULATE EMISSIONS CONTROL PLAN
THE FOLLOWING FUGITIVE PARTICULATE EMISSIONS CONTROL MEASURES SKILL BE
USED FOR ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PERMIT, AS
REQUIRED BY T71E AIR QUALITY CONTROL CCPJMISSION REGULATION NO. 1.
This source is subject to 20% opacity on site and no off property
transport of fugitive emission guidelines of Regulation No. 1 Sec.III
D. The following control plan is designed to limit emissions to
comply with regulation requirements.
Should the specified control plan prove to be inadequate to meet the
required fugitive emission limitations the permittee shall submit a
revised control plan within 15 working days from receipt of the
notice of non-compliance.
1. Fugitive emissions from overburden removal and stockpiling shall be
controlled by water spray.
2. Fugitive emissions from excavationg, loading and stockpiling gravel
shall be controlled by water spray to maintain a moisture content of
6% or greater.
3. Fugitive emissions from convey or transfer points shall be controlled
by water spray sufficient to maintain conveyed material moisture
content at 8% or greater.
4. Fugitive emissions from loading finished product into transport
vehicles shall be controlled by water spray to maintain a surface
moisture content of 6% or greater.
5. Surfaces left undisturbed for 6 months or more shall be revegetated
and /or watered regularly.
6. Processed gravel will be loaded into cars and hauled offsite by rail.
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SABEY, EPSTEIN, ORDELHEIDE & SMITH, P.G.
1700 BROADWAY
MELVIN B.SABEY SUITE 2200 OF COUNSEL
SUSAN L.EPSTEIN DENVER, COLORADO 80290 RICK BUDD
KRIS ORDELHEIDE
/ DEBORAH E.SMITH TELEPHONE: (303)8399600 BENJAMIN SPITZER
MARK L.SABEY M.THEODORE HACKNEY
FAX: (303)839.6204
December 4, 1989
Rick Everist
L.G. Everist, Inc.
1746 Cole Boulevard
Building 21, Suite 225
Golden, Colorado 80401
Re: 88CV170
Dear Rick:
The Judge has signed off on the Ruling, Findings of Fact,
Conclusions of Law, Judgment and Decree entered by the Referee.
A copy of the Decree is enclosed for your records.
If you have any questions, please feel free to contact us.
Sincerely,
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SABEY, EPSTEIN, ORDELHEIDE
& SMITH, P.C.
Peg Fo
Legalsistant to
Melvin B. Sabey
PLF/cn
Enc.
cc (w/enc. ) : Dwight Kimsey
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DISTRICT COURT, WATER DIVISION NO. 1, COLORADO_
Case No. 88CW170
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RULING, FINDINGS OF FACT, CONCLUSIONS OF LAw,_ JUDGMENT AND DECREE
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IN THE MATTER OF THE APPLICATION FOR APPROVAL OF A PLAN FOR rap.:_,
AUGMENTATION INCLUDING APPLICATION FOR CONDITIONAL WATER RIGHT
AND STORAGE RIGHT IN WELD COUNTY, COLORADO 't
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THIS CLAIM was filed with the Water Clerk of Water Division
No. 1 on September 30, 1988.
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All matters contained in the Application having been reviewed,
and upon a finding of good cause shown, the Court hereby enters-the
following Ruling, Findings of Fact, Conclusions of Law, Judgment
and Decree.
FINDINGS OF FACT
1. -Name. Address and Telenhone.Number of Aonlicant:
L. G. Everist, Inc. •
1746 Cole Blvd.
Building 21, Suite 225
Golden, CO 80401,
(303) 279-7678 --
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2. Statements of Opposition: Timely..and adequate notice of
these .proceedings has been given in accordance with applicable law.
A timely Statement of Opposition to the Application was filed, in
response thereto, by the State Engineer and Division Engineer
through the office of the Attorney General. The State Engineer and
Division Engineer have consented to the entry of this Decree. The
time for filing of additional Statements of Opposition herein has •
expired. Subsequent to the expiration of time for filing, a Motion
to Intervene and Statement of Opposition was filed by Lazy D.
Grazing Association, Arvid R. DePorter, and Dan Tracy.
Intervention has been allowed and these parties have also consented
to the entry of this Decree.
3. The land and water rights involved herein are not
included within the boundaries of any designated ground water
basin.
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L. G: !verist, Inc. (�
88CW170
4. Description of Plan for Augmentation:
a. Name of structure to be augmented: Everist Well
• Under the Plan for Augmentation, the Everist Well will
divert water under a junior priority and will serve as an alternate
point of diversion for the Lone Tree Poultry Right ("Poultry
Right") .
b. Previous decree for water right to be used for
augmentation: Lone Tree Poultry Right. •
A. Date entered: 1/15/1914
B. Case No. : 2142
. C. Court: District Court, In the County of Weld, State of
Colorado
D. Type of water right: Surface in the
E. Legal description of point of diversion: A point
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SE 1/4 of the NW 1/4 of Section 26, Township 11 North,
Range 67 West whence the center of Section 26 bears North
48 degrees West 350 feet.
F. Source: Lone Tree Creek
G. Amount: 0.39 cfs
H. Appropriation: 1/1/1907
I. Decreed use: Irrigation. The decree does not specify
a total acreage to be irrigated.
c. Historic Use: The Poultry Right has been used to
irrigate corn and alfalfa on approximately 26 acres located
adjacent to Lone Tree Creek. See, Exhibit A, attached hereto. The
historic diversion season of the Poultry Right . has been
approximately 120 days (mid-May through mid-September) . Past
irrigation practices included both flood irrigation and sprinkler
irrigation. Historic consumptive use of water for irrigation was
- approximately 29 acre feet per year, i.e. , :13 cfs during the
irrigation season.
d. Statement of -plan for augmentation:
Applicant is planning to establish a gravel mining operation ! '
• near Carr, Colorado. See Exhibit B, attached hereto. Water for'
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• the gravel operation will be pumped from two impervious storage
ponds, each having a capacity of approximately 10 acre-feet. The
water will be used for dust control and gravel washing. Most of
the water from the gravel washing plant will be recycled to the
storage ponds and' will not be consumptively used. Neither the
storage ponds nor the mine pit will intercept the water table. The
bottom of the pit and the ponds will be 15 to 18 feet above the
elevation of Lone Tree Creek. Therefore, there will be no inflow
of groundwater or water from the Creek to the mine pit or storage
ponds.
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88CW170
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The storage ponds will be filled with water pumped from a new
junior well, the Everist Well, which will intercept water by means
of an infiltration gallery in the alluvium of Lone Tree Creek at
a point approximately 1800 feet downstream from the location of the
current point of diversion for the Poultry Right.. There are no
intervening water rights between the current point of diversion for
the Poultry Right and the proposed location of the Everist Well.
An application for a well permit for the Everist Well was filed on
September 29, 1988. The Applicant will pump under its junior
priority at times when there is no senior call on Lone Tree Creek.
• Although Lone Tree Creek is a tributary of the South Platte River,
discontinuance of diversions on Lone Tree Creek at or above Giffin
Reservoirs does not cause water to become available to senior
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priorities on the South Platte River at the time and place of their
need. Therefore, Lone Tree Creek is administered on a futile call '
basis at and above Giffin Reservoirs during times of a senior call
from lower Lone Tree Creek or the South Platte River. The Everist
Well will be an alternate point of diversion for the Poultry Right
and will pump under that priority during the historic irrigation
season. There are no downstream water rights which can place a
senior call on the Poultry Right. When the Everist Well is in
priority, under either its junior decree or the Poultry Right,
water diverted thereby will be stored in the. storage ponds for
later use when pumping from the Everist Well would be out of
priority. When the Everist Well water right and the Poultry Right
are both out of priority, the gravel operation will use water from
the storage ponds. • In the event ' that it is necessary or
advantageous to pump out-of-priority water from the Everist Well
to fill one pond, depletions to Lone Tree Creek will be immediately
replaced by an equal amount of water released from the other
storage pond.
The annual consumptive use for the gravel operation will be
approximately 20-acre:feet. Annual water losses will be 5.5 acre-
feet from storage pond evaporation, 7.4 acre-feet from gravel
washing and 7.4 acre-feet from dust control operations. The
consumptive use of thegravel' operation is significantly less than
the 29 acre-feet historic consumptive use of the Poultry Right.
The entire area historically irrigated by the Poultry Right is
located within ' the area to be mined. It will be permanently
removed from irrigation. After mining occurs, overburden will be
• replaced and dryland revegetation will occur without irrigation.
5. The Court hereby finds that the 26 acres of land depicted
on Exhibit A hereto have historically been irrigated under the
Poultry Right and that the average historic consumptive use
associated with the exercise of said right is 29 acre-feet per
year.
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88CW170
6. Applicant will permanently remove from irrigation the
re! land historically irrigated under the Poultry Right and divert the
29 acre feet of consumptive use associated therewith under the Plan
for Augmentation described above.
7. The diversions of water from Lone Tree Creek through the
i Everist Well will have an instantaneous impact on Lone Tree Creek
and such diversions will be administered in accordance with that
fact.
8. The Court hereby finds that the Plan for Augmentation
: described in paragraph 4 above will compensate other water users
for any alterations in the stream regimen associated with the Plan
for Augmentation against which they are entitled to protection, and
that the requested changes will not injuriously affect the owners
tof or persons entitled to use water under vested water rights or
decreed conditional water rights. The Court also finds that the
junior Conditional Water Right and the Water Storage Right
described and decreed below will not injuriously affect the owners
of or persons entitled to use water under vested water rights or
decreed conditional water rights.
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CONCLUSIONS OF LAW
9. Timely and adequate notice of the Application was
published as required by statute, and this Court has jurisdiction
over the subject matter of this proceeding and over all parties
affected hereby, whether or not they have appeared.
1O. The Plan for Augmentation described in paragraph 4 above,
under the conditions set forth in paragraph 16 below, will not
injuriously affect the owners of or persons entitled to use water
under any vested water rights or decreed conditional water rights.
Exercise of the Conditional Water Right and the Water Storage Right
described and decreed below will not injuriously affect the owners
of or persons entitled to use water under vested water rights or
decreed conditional water rights.
• JUDGMENT AND DECREE
11. The Findings of Fact and Conclusions of Law set forth
above are incorporated by reference into this Judgment and Decree.
12. Applicant is granted a conditional water right as
follows:
A. Point of Diversion: Everist Well will be located in Weld
County in the SE 1/4 of the NW 1/4, Section 26, Township
11 North, Range 67 West, 6th P.M. , at a point 1625 feet
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;'• L. G. E. .:rist, Inc.
88CW170
vi
- from the North Section line and 1875 feet from the West
Section line.
B. Appropriation Date: September 30, 1988, on the condition
• that the -Everist Well is constructed pursuant to the
permit or any extension of the permit to be issued as
directed in Paragraph 13 hereof. In the event that the
Everist Well is not constructed during the period of time
authorized by that permit or an extension thereof, the
Appropriation Date shall be the date of the Well Permit
Application for the permit which is issued and utilized
for the construction of the Everist Well.
C. Amount: 1.25 cfs. CONDITIONAL
D. Source of the Water: Alluvium of Lone Tree Creek.
• E. prono'sed -Use: Industrial use,. including storage,
• primarily for dust control and gravel washing.
13. The State Engineer 'is hereby ordered to issue a well
permit for the Everist Well under the Application filed by L.G.
Everist on September 30, 1988.
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14. Applicant is granted a conditional water storage right
as follows:
A. - . Location: Water will be stored in two off-stream storage
• ponds to be designed and constructed at the gravel
operation site in the NW 1/4 of the NE 1/4 of Section 35,
Township 11 North, Range 67 West, 6th P.M. , as shown on
Exhibit, C, attached hereto.
B. Appropriation Date: September 30, 1988.
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C. Amount C.l.aimed: -0-. (The storage ponds will be filled
by water diverted under the Everist Well water right and
the Lone Tree Poultry Right) .
D. Storage Capacity: Up to 20 acre-feet. CONDITIONAL
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E. proposed Use: Industrial uses including dust control and
gravel washing.
F. Surface Area: 2.3 acres.
15. As long as applicants desire to maintain the conditional
rights decreed herein they shall file with the Water Clerk an
application for quadrennial finding of reasonable diligence on or
before the last day of June, 1993 and every fourth calendar year
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88CW170
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thereafter until a determination shall have been made that such
conditional water right has. become absolute by reason of completion
of the appropriations.
16. The Plan for Augmentation described in paragraph 4 above
is hereby approved and decreed, subject to the terms and conditions
set forth in paragraph 17 of this Judgment and Decree.
17. The Plan for Augmentation described in paragraph 4 above
is subject to the following terms and conditions:
a. The. storage ponds for the mining operation must be
filled during the period of high water and no calls to the extent
possible.
b. When there is a call on Lone Tree Creek by any
currently perfected water right, during the period from May 15
through September 15 of each year, water may be pumped from the
well to the storage ponds at a maximum rate of 35 gpm. If the well
is pumped at 35 gpm for the 120 days that the Lone Tree Poultry
Water Right was historically used, a total of 20 acre-feet of
depletion to the system will occur.
c. The Lone Tree Poultry Water Rights may not be used
for any other purpose. The land historically irrigated by the
right must be dried up to the satisfaction of the Water
Commissioner and may not be irrigated from any other sources.
d. Any pumping from the Everist Well on its own
priority outside of the May 15 to September 15 period must be done
only when the Everist •Well is in priority based upon the date of
the well permit application .for the permit which is• issued and
'utilized for construction of the Everist Well, or when an amount
equal to the amount pumped is simultaneously returned to Lone Tree
Creek. Any water replaced into Lone Tree Creek shall be of a
quality equal to that diverted from the Creek.
e. A Parshall flume constructed-.below the Everist Well
point of diversion shall be utilized to measure the flow of Lone
Tree Creek. On days when the maximum, flow of Lone Tree Creek is
less than .33 cfs, pumping of the Everist Well must be limited to
a maximum of twelve hours per day.
f. Pumping_records from the well must be maintained on
a daily basis between May 15 and September 15, and a weekly basis
the rest of the year. These records must be sent to the Water
Commissioner and Division Engineer's Office.
g. Records of the total depletions from the gravel
operation from each source must be provided to the Water
Commissioner each month. This includes estimated monthly
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evaporation, water used for dust control, and losses from the
washing and stockpiling of gravel.
h. Pursuant to C.R.S. 537-92-304(6) , the approval of
the Plan for Augmentation herein shall be subject to reconsid-
eration by this Court on the question of injury to the vested
rights of others for a period of five years after the
date water has been diverted pursuant to this Judgment and Decree.
18. A copy of this Judgment and Decree shall be filed by the
Clerk with the appropriate Division Engineer and the State
Engineer. •
DATED AND SIGNED this 27th day of Sept., 1989.
•
Gl. •
Raymon . Liesman
Water eferee
• Water Division No. 1
State of Colorado
APPROVED AS TO FORM AND CONTENT:
SABEY, EPSTEIN. ORDELHEIDE .
• & SMITH, P.C. •
By: f//��/Y/W Y^, 8. wa •
Melvin B.- Sabey, #994
Mark L. Sabey, #16319
1700 Broadway, #2200
Denver, Colorado 80290
(303) 839-9600
ATTORNEYS FOR L. G. EVERIST
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OFFICE OF,THERNEY GENERAL
By:
Peggy VeintAir,11075
First Assistant Attorney General
1525 Sherman Street, 3rd Floor
Denver, Colorado 80203
(303) 866-5114
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88CW170
L. G. Everist, Inc
ATTORNEYS FOR STATE ENGINEER AND
DIVISION ENGINEER
111iam E. Bohlender, #3325 NOV 17 lE2
1327 10th Avenue
Greeley, Colorado 80631
(303) 356-6666 Sabey.Epstein.Oro:ameic e& S;iuth,P
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ATTORNEY FOR LAZY D. GRAZING ASSOCIATION;
ARVID R. DEPORTER and DAN TRACY
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THE COURT FINDS that no protest to the Ruling of the Referee
has been filed within the time permitted by Statute.
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The foregoing Ruling, Findings of Fact, Conclusions of Law,
Judgment and Decree is hereby made the Judgment and Decree of the
Court.
• DONE this _ day of NOV 1 6 1939 , 1989.
BY THE COURT:
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1 dbe A. Behrman
Water Judge
Water Division No. 1
State of Colorado
mbs226
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I FIGURE 3
all LAND HISTORICALLY IRRIGATED
BY LONE TREE POULTRY RIGHT
WRIGHT WATER aNOINEERS, INC
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FIGURE 1
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VICINITY MAP OF.
la DDADAc on nn A tire ill.,r I
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•' _ iii _I _ '- '� • 1/ �� 4 I• .--i-
PROPOS DIVERSION POINT . •
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FOR EVERIST WEL' t ' 1 1 I
,�_ t' IF !4 REICIVO1RS
Ito q• / r..•.-1 i { . 2T9. '‘F. VI • ; N I I . " y••• I, 1., '
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— t — LOCATION OF STORAGE PONDS4. 3000' ' ••. 3000 60
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(:), 13 's 2•
�/ FIGURE 2
• I,;,.,t �^ , LOCATION OF PROPOSED
. ,, •
; ;;y GRAVEL PIT AND RELEVANT
;g I WATER RIGHTS FEATURES
"< rl ..5... I • (*.LW'. 11. ��' WRIGHT WATER ENGINEERS. WC.
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