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TUTTLE APPLEGATE, INC.
Consultants for Land and Resource Development r1 19 ,1 9: 33
October 15, 1992 CLERY
Ms. Lorraine Stepenske
Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, CO 80203
RE: Adequacy Response; M-92-069
Dear Lorraine:
With this letter I would like to respond to your questions of
October 7 , 1992 on the 83rd Joint Venture Resource. I will use the
same numbering order as used in your letter.
1 . The No. 7 landowner, Larson, has been added to Exhibit C which
is enclosed. As we discussed, the No. 15 landowner (Evans) is
the previous owner from which 83rd Joint Venture purchased the
property.
We do agree to eliminate Tamarix from our list of reclamation
plants. In addition, the operator commits that not more than
30% of the total number of trees and shrubs will be of any one
species.
2 . With this letter you will find a copy of a compensation
agreement with the Elliott land owners who have the house to
the west. We continue to attempt to obtain the same agreement
with Rodman, owners of the house to the east. If this
agreement cannot be obtained, the operator commits that all
mining activities (including stockpiles) will not be any
closer than 25 feet to the dwellings, fences, and power poles
of this home and the pit will be no closer than 200 feet to
any of these structures. We will indicate these distances in
the field by driving metal T stakes at the appropriate
locations.
3 (a) Upon approval by Weld County, we will submit a copy of the
County Commissioners resolution approving the Use by Special
Review for mining in the County. This application will note
a 25 foot setback from the right-of-way of F Street. We
expect this resolution to be forthcoming the first part of
November.
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11990 Grant Street, #410 Telephone: (303 ) 452-6611
f �CO- Denver, Colorado 80233 Facsimile: ( 303 ) 452-2759
Ms. Lorraine Stepenske
Division of Minerals and Geology
October 15, 1992
Page 2
(b) At this point we do not have a compensation agreement with
Bellwether Exploration, Colorado and Southern Railroad, or the
overhead utility companies. It appears we will be doing an
engineering soils stability analysis to demonstrate that our
mining activity and the setbacks will not adversely affect the
stability of any of these structures. We request the permit
approval contain the condition which says the operator cannot
mine within 200 feet of these structures until the engineering
soils stability analysis has been reviewed by your staff.
(c ) We are presently working on a relocation and compensation
agreement with the Boyd Freeman Ditch Company. Again we ask
your permit approval contain a condition that states we will
not mine within 200 feet of this ditch until we submit the
relocation agreement to you.
4 . Acknowledge
5. Acknowledge
6(a) Acknowledge
(b) With regard to the asphalt plant, we assume the blowdown water
you mention is the water used in the scrubbers. The water is
recycled through two plastic lined ponds where the wet dust is
allowed to settle out.
The AC oil from the tanker truck is pumped into a tank in the
asphalt batch plant. In 40 years of work, the applicant never
has had a major spill. Minor spills may occur, and the AC oil
is soaked up by sand. This soaked sand is then put in the
asphalt recycle pile and later used for road base.
7 . Acknowledge
8(a) Locations of the five proposed monitoring wells has been noted
on Exhibit C.
Ms. Lorraine Stepenske
Division of Minerals and Geology
October 15, 1992
Page 3
(b) The operator agrees to monitor the groundwater level in the
five monitoring wells and the two adjoining wells (if
permission is received) on a quarterly basis and will submit
this information to you in an annual report. We will begin
the monitoring before the operation begins so we can obtain
some baseline data. These above commitments constitute our
monitoring plan.
We still question the need to monitor temperature and
conductivity in each of the wells. The reason a temperature
reading would be needed escapes me. We discussed conductivity
giving some indication of possible suspended solids in the
groundwater and thus giving an indication of water quality
impacts to the groundwater from mining.
Please remember we are doing a dry mining operation and will
not have a lake with turbid waters which could push into the
groundwater. The groundwater to be monitored is the
groundwater that is already there but we expect it might be at
a lower level. We do not expect any increased suspended
solids because our mining operation has no way of introducing
this into the present groundwater. Therefore, we prefer not
to include temperature and conductivity in our monitoring
plan.
(c) If recharge ponds are used, the operator will submit a design
for the ponds prepared by a professional engineer. Also we
will locate the ponds on Exhibit C and determine how these
ponds might affect the stability of dwellings.
9 . Acknowledge
10 . We accept your calculation of $56,702 .04 as the amount of the
financial warranty.
11 . Acknowledge
12 . Acknowledge
With this letter we are including a copy of the Substitute Water
Supply Plan and the well permit application. In previous
applications the submittal of this information has satisfied the
Exhibit G requirements because the State Engineer had been fully
informed of the affects of mining and measures to augment water.
Ms. Lorraine Stepenske
Division of Minerals and Geology
October 15, 1992
Page 4
A copy of this letter is also being forwarded to the Weld County
Clerk. A copy of the certified mailing receipt is also enclosed.
If you have any questions, please call me.
Cordially,
TUTTLE APPLEGATE, INC.
an
Gary J Tuttle
GJT r.
Encs.
cc: File #92-106B
Carl Hill, 83rd Joint Venture
Weld County Clerk to the Board
- TUTTLE APPLEGATE, INC.
Consultants for Land and Resource Development
August 25, 1992
Mrs Judy Sappington
State Engineer's Office
1313 Sherman Street - Room 818
Denver, Colorado 80203
RE: Application for Temporary Substitute Water Supply Plan for
83rd Joint Venture Resource Gravel Pit - MLRD No. 92-069
Dear Mrs Sappington:
The purpose of this letter is to request approval of a substitute
water supply plan pursuant to Section 37-80-120 (2 ) C.R.S. on
behalf of Bestway Paving for their 83rd Joint Venture Resource sand
and gravel operation. Bestway Paving is in the process of
acquiring the necessary permits from the State and the County for
the subject operation.
Attached with this letter is a check made out to the Division of
Water Resources for $130; $60 for a gravel pit well permit and $70
for the substitute supply plan review.
A. INTRODUCTION
The 83rd Joint Venture Resource property is located along the Cache
La Poudre River in Weld County northwest of Greeley.
Water use at the site will include evaporation from exposed
groundwater, water retained in the material removed from the site,
and water used for dust control. The applicant intends to make
replacements to the stream system with water from the Boyd and
Freeman Ditch.
B. DEPLETIONS
1. Evaporation
The mine site is in an area with a high water table and water will
be exposed at the site due to sand and gravel mining. However, the
mining area will be dewatered with a dewatering trench around the
perimeter of the pit.
11990 Grant Street, #410 Telephone: (303) 452-6611
Denver, Colorado 80233 Facsimile: (303) 452-2759
•
Mrs. Judy Sappington
State Engineer's Office
August 25, 1992
Page 2
Enclosed with this report is a copy of Exhibit C of the Mined Land
Reclamation Division application. During the first few years of
mining the dewatering trench will extend around the perimeter of
Mining Phase 1. It is anticipated that a maximum of 0.25 acres of
water surface will be exposed in the dewatering trench during this
first phase of mining. Water will be discharged to the Cache La
Poudre River via a county waste ditch.
The NOAA Technical Report NWS 33, 'Evaporation Atlas for the
Contiguous 48 United States' , published by the U.S. Department of
Commerce was used to determine the amount of evaporation. The
annual evaporation is 42 inches at the subject location. The
monthly evaporation was then calculated by using the monthly
percentages as suggested by the Office of the State Engineer in
their criteria for these reports (See Table No. 1 ) .
Precipitation at the site was found by using data from the
publication, 'Climatography of the United States No. 81' . The
precipitation at the mine site is estimated to be the same as that
found at the nearest weather station which is located in Greeley.
The annual mean precipitation is 12.68 inches/year. The breakdown
of monthly averages is found in Table No. 1.
Effective precipitation was determined in order to compute the net
lake evaporation (See Table No. 1) . Effective precipitation was
computed as 70% of the total precipitation. Effective
precipitation was then subtracted from the gross evaporation to
obtain the net evaporation. The net annual evaporation from a lake
surface at the subject site is 2 .76 ft (33.1 inches) .
In addition to the groundwater exposed due to excavation below the
water table, water will be exposed in the wash ponds that will be
constructed on the site. The washing operation is discussed in
more detail below.
The dewatering operation will expose 0.25 acres and the wash pond
will expose 0.70 acres. Consequently the net evaporation from 0.95
acres of water surface will be 2.62 acre-feet. The total monthly
evaporation is listed on Table No. 1.
Mrs. Judy Sappington
State Engineer's Office
August 25, 1992
Page 3
2 . Operational Losses
a. Moisture Loss in Material
There will be excavation and sale of material from the
property. It is anticipated that a maximum of 300,000 tons of
material will be mined and washed from 83rd Joint Venture
Resource this coming year. A 4% moisture content as suggested
by the State Engineer would equate to 8.83 acre-feet per year.
The monthly breakdown of sale of materials is listed on Table
No. 1.
b. Dust Control
Water will be withdrawn from the pit which will be used for
dust control on the haul roads. It is estimated the roads
will be watered two times per day on the average using a water
truck with spray heads. There will be approximately 1950
linear feet of haul road that will be constructed on the site.
The application rate is approximately 1/8 inch and, therefore,
0.022 acre-feet of water will be applied daily.
The average number of days water will be applied to the haul
roads will be 140 per year. This equates to 3. 13 acre-feet
annually. It is assumed the water applied to the road will be
fully consumed. The monthly projected use of water for dust
control is listed on Table No. 1.
c. Washing Operation
A wash plant will be set up on the site. Water will be cycled
through the plant, captured and routed to a three cell pond,
and then recycled again. It is expected the total area of the
pond will be a maximum of 0.7 acres in size. The evaporative
loss from the pond is addressed above in this report.
The wash water is physically captured in the plant and is
carried by a pipe to the wash pond. All losses will be
negligible with the exception of evaporation from the ponds
and the water retained in the sand and gravel. Both of these
losses were presented above.
Mrs. Judy Sappington
State Engineer's Office
August 25, 1992
Page 4
The total annual consumptive use for the operation is
projected as follows:
Evaporation 2.62 acre-feet
Moisture Retained 8.83 acre-feet
in Material
Dust Control 3.13 acre-feet
Total 14.59 acre-feet
C. REPLACEMENTS
1. Source of Replacements
The Boyd and Freeman Ditch is the sole supply of irrigation water
for the subject site which will be mined. Approximately 85 acres
of the 124 acre site is irrigated with the ditch.
Bestway Paving owns 240 shares of the capital stock of the Boyd
Irrigation Company. There are a total of 993 shares in the Boyd
Irrigation Company and they own the Boyd and Freeman Ditch.
Attached with this letter is a copy of the stock certificate.
The decree for the Boyd and Freeman Ditch, enclosed with this
letter as Exhibit A, can be summarized as follows:
AMOUNT ADJUDICATION APPROPRIATION
(CFS) DATE DATE
54.05 04/11/1882 03/15/1862
The Boyd and Freeman Ditch originally had three decrees. The first
decree is for 66.05 cubic feet per second. The other two decrees
to the ditch were for the first and second enlargement of the ditch
and the corresponding amounts were for 9.00 and 24.23 cubic feet
per second respectively. Both decrees associated with the ditch
enlargements were abandoned. In addition, in 1926 two transfers
were made from the Boyd and Freeman Ditch to the Cities of Greeley
and Fort Collins for the amounts of 5.00 and 7.00 cfs. Therefore,
only the first decree is valid and 54.05 cfs is committed to the
ditch.
Mrs. Judy Sappington
State Engineer's Office
August 25, 1992
Page 5
Table No. 2 is a list of the headgate diversions for the 15 year
period of 1976 to 1990 for the Boyd and Freeman Ditch as reported
by the State Engineer's Office. The fifteen year average annual
diversion for the subject period is 1, 106 acre-feet. The pro-rated
average annual diversion for the 240 shares equates to 267 acre-
feet.
It has been assumed the ditch seepage and evaporation losses are
10% of the total headgate diversions. It has also been assumed the
farm efficiency has been 55%. Therefore, the total overall
efficiency, the quantity of headgate diversions that are consumed
by evapotranspiration, is 50%.
The average water supply to the subject farm during the study
period is 133.7 acre-feet of consumptive use.
A Blaney Criddle analysis was performed for the period 1976-1990
for the site to determine the potential crop consumptive use. The
primary crop grown on the site for many years is pasture grass.
The results of the analysis are listed on Table No. 3. The average
annual consumptive use for pasture grass for the site is 24 .51
during the study period.
Approximately 85 acres are irrigated on the subject site.
Therefore, the average demand of water during the study period is
173.6 acre-feet.
Table No. 4 lists the available replacement water from the 240
shares of the Boyd and Freeman Ditch. The monthly historic
consumptive use, available replacement water, is equal to the water
demand or the water supply whichever is less for each month. The
annual consumptive use is 133.6 acre-feet or 1.57 acre-feet per
acre.
2. Method of Replacement
A minimum of ten acres of pasture grass will be dried up and
monumented to the satisfaction of the local Water Commissioner.
Ten acres equates to 15.7 acre-feet of consumptive use.
Water not used due to the dry up of the ten acres of pasture grass
will be passed through the ditch and will be diverted back to the
Cache La Poudre River. The ditch ends at 35th Avenue and any
excess water in the ditch is carried in a large stormwater ditch
which runs on the east side of 35th Avenue. The waste ditch flows
directly north until it reaches the river.
Mrs. Judy Sappington
State Engineer's Office
August 25, 1992
Page 6
3 . Timing of Replacement
The site is approximately 300 feet from the Cache La Poudre River.
Consequently, the time lag of the depletions to the river was not
assumed to be instantaneous. Timing of the depletions was found by
using the computer model, 'Analytical Stream Depletion Model' , by
Dewayne R. Schroder from the State Engineer's Office.
Values for the input parameters and results of the computer model
are attached with this letter. The well location was assumed to be
at the center of the proposed lakes. The impermeable boundary was
located on a USGS topographic map.
The USGS publication, 'Pumping Tests in Colorado - Colorado Ground
Water Circular No. 11 ' was used to estimate the value of
transmissivity. A pump test was done on a well located in Section
34, Township 6 North, Range 66 West and the transmissivity was
determined to be 120,000 gpd/ft. This same value was used for the
evaluation of the subject operation in Section 35.
A value of 0.2 was used for Specific Yield which would be typical
of an alluvial aquifer.
The depletions at the pit were converted from acre-feet per month
to gallons per minute for use with the computer model. Table No.
5 lists the results from the depletions analysis. The annual
depletions at the river for the first year are 6.9 acre-feet. By
year five the annual depletions at the river are the same as the
depletions at the pit of 14 .6 acre-feet.
it is proposed in this plan that all replacements are made to the
stream during the irrigation season as shown on Table No. 4 as a
result of the dry-up of ten acres of pasture grass.
D. ADJACENT WELLS
Attached with this letter is a copy of the Permitted and Decreed
Water Well Map and list of wells provided with the MLRD Exhibit G
information. Wells within quarter/quarter sections which
potentially could be within 600 feet of the proposed gravel pit
have been plotted on the map. Also provided with this letter are
the tabulations for well permits and water rights in the vicinity.
Specific locations were plotted if distances from section lines
were provided.
Mrs. Judy Sappington
State Engineer's Office
August 25, 1992
Page 7
Only permitted Well #51654, well B, appears to clearly be within
600 feet of the operation.
The following wells may to be within 600 feet of the proposed pit:
WELL DESIGNATION PERMIT NUMBER NAME
D NONE LARSON WELL NO. 1
E NONE LARSON WELL NO. 2
F 3597F POERTNER
I 13952 PUTNAM WELL NO. 1
Each of these wells will be verified in the field for their
location. A waiver agreement will be obtained from each well owner
within 600 feet of the proposed gravel pit perimeter.
E. CONCLUSIONS AND RECOMMENDATIONS
1 . The pit will be continuously dewatered and, therefore,
evaporation will be limited to the water exposed in the
dewatering trench and water exposed in the settling ponds.
The total annual evaporative loss will be 2 .62 acre-feet
2. Other water uses will include water diverted for dust control,
3. 13 acre-feet, and water retained in the material exported
off the site, 8.83 acre-feet.
3. The source of replacement water is water associated with the
Boyd and Freeman Ditch. The property which will be mined has
been irrigated with the ditch and the historic consumptive use
is 1.57 acre-feet per acre. Therefore, a dry-up of a minimum
of ten acres will provide 15.7 acre-feet of replacement water
for this plan.
4. The site sits back from the river approximately 3500 feet and,
therefore, there is a delay in the timing of the depletions as
they reach the river. However, it is proposed in this plan
that replacements will be done during the irrigation season.
5. There appears to be wells which are within 600 feet of the
proposed gravel pit. A wavier agreement will be obtained from
each well owner within 600 feet.
Mrs. Judy Sappington
State Engineer's Office
August 25, 1992
Page 8
6 . The applicant will use the attached accounting form to keep
record of monthly water use. These forms will be made
available to the Water Commissioner or the Division Engineer
upon request.
7 . This plan is requested for one year with the option for
renewal.
8 . An annual report will be supplied to the State Engineer.
This completes our application for a substitute water supply plan.
If you have any questions or need additional information, please do
not hesitate to call.
Cordially,
TUTTLE PPLEGATE, INC.
Dave S. ones
DSJ\sjr
Encs.
cc: File #92-106A
Carl Hill
FORM NO. STATE OF COLOR/ l
For Office Use only
e/17 OFFICE OF THE St..E ENGINEER
923 Centennial Bldg., 1313 Sherman a_ Denver,Colorado 80203
(303) 886-3581
SEE INSTRUCTIONS ON REVERSE SIDE
GRAVEL PIT WELL PERMIT APPLICATION
1. TYPE OF PERMIT
(® NEW PIT(S)
❑ PIT(S) EXIST, CONSTRUCTED AFTER DEC. 31, 1980
❑ REACTIVATION OF PRE JAN. 1, 1981 PIT(S) .
2. OWNER
NAME(S) Bestway Paving
Mailing Address P.O. Box 3189
City, St. Zip Greeley, CO 80633
Phone ( 303 ) 353-1654
3. ADDRESS OF LOCAL CONTACT (If different than #2) .
NAME(S)
Mailing Address
City. St. Zip
Phone (__)
4. GENERAL LOCATION OF PIT(S): COUNTY Weld
NE 1/4 SW 1/4, sec. 35 Twp. 6 El N. ❑S., Range 66 ❑ E. X❑w. 6th P.M.
5. Total number of water surface acres (to be) exposed 0.95 . Total Number of Pits • 2 . •
6. Estimated total depth of pit 1 R . Estimated depth to groundwater 4
7. (a) Estimated date to begin excavation Fall 1992 ,to complete excavation Fa I I ZUl Z
8. ATTACHMENTS: (Check which have been attached.)
(a) Scaled map of pit area tied to a Section or 1/4 Corner (Required).
(b) O Copy of the reclamation permit if applicable.
(c) ❑ Copy of Pre 1/15/89 Water Conservancy Dist. or Water User Assoc. Augmentation Agreement if applicable
(d) ® Copy of proposed Augmentation or Temporary Supply Plan if applicable.
(e) ❑ Copy of Court approved Augmentation Plan if applicable. .
(f) ❑ Other
9. Detailed description of the use and method of diversion of any water withdrawn from the pond.
Water Will be diverted from the pit for dust control on the site and water will also )e
diverted for washing the sand and gravel .
10. I (we) have read the statements made herein and know the contents thereof, and that they are true to my (ow)
knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury
in the second degree and is punishable as a class 1 misdemeanor.]
Name/Title (Please type or print)
Ce // �t !Sig ate
ap,thiore � _ Ig11 92
1,5 For Office Use only
Court Case No. Div. Co. _ WD Basin MD Use
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