HomeMy WebLinkAbout962131.tiff HART
MOM &
ASSOCIATES
ENVIRONMENTAL CONSULTING SERVICES
APPLICATION FOR
USE BY SPECIAL REVIEW
"ODENBAUGH PIT#1"
Presented to:
Weld County, Colorado
Prepared for:
S&S Odenbaugh
Prepared By:
Hart and Associates
May 31, 1995
962131
P - O . BOX 1103 • BOULDER , CO ' 8 0 3 0 6 _ _ _ _ 02
Table of Contents
1. Use by Special Review Application 1
2. Description of Proposed Mining Operation 3
3. Surface Owners Within 500' 6
4. Mineral Owners and Lessees 9
5 Documents to be Submitted Upon Request of Weld County 11
6 Weld County Comprehensive Plan Statement 11
7. Zoning Statement 12
8. Agricultural Conservation Statement 12
9. Public Health Safety and Welfare 13
10. Compatability Statement 13
11. Future Development Compatability 13
12. Statement Regarding Overlay Districts 14
13. Water Supply 14
14. Warranty Deed 15
15. Noise Report 18
16. Weld County Operation Policies 23
17. Weld County Reclamation Policies 25
18. Vicinity Map and Extraction Plan 27
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•
• WELD COUNTY. COLORADO
USE BY SPECIAL REVIEW APPLICATION
MINING PERMIT
Weld County Department of Planning Services, 1400 N. 17th Avenue.
Greeley, Colorado. Phone 353-6100, Ext. 3540.
For the Department of Planning Services Use Only
Case Number: Permit Fee:
Zoning District: Receipt Number:
-- Application Received By:
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission
concerning a proposed gravel (gravel, coal, borrowpit, etc.) mining operation for the
following described unincorporated area of Weld County:
LEGAL DESCRIPTION:
The west 1/2* of the southwest 1/4 of Sectionl2, Township 3 North, Range 67 West
of the 6th p.m. situated in Weld County. Colorado
* (Less the northerly 300 feet)
2. Surface owner(s) of area of land described
16124 WCR 23
Name: Stanley L. Odenbaugh Address: Platteville,Cphone: 785-6181
Name: Shirley E. Odenbaugh Address: same 80651Phone: same
3. Owner(s) of mineral rights or substance to be mined
Name: Stanley L. Odenbaugh Address: see above Phone: see abave
Name: Shirley E. Odenbaugh Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
tax receipt
(Include certified copy of any document(s) noted
5. Applicant's address: 16124 WCR 23 Platteville, CO 80651 Phone: 785-6181
Address: Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
None
7. Description of Operation
A. Types and number of operating and processing equipment to be used:
3-5 cy front end loader (1-2) , scraper (.1-2) , hydraulic excavators (1-2)
water trucks, E/D trucks, T/A trucks
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B. Maximum number of employees: 10 . and number of shifts: 1
C. Number of stages to be worked: 4 , and periods of time each is to be worked:
1 to 4 years
D. Thickness of mineral deposit: 30 feet. and thickness of the overburden: 3
E. This will be we dry pit operation.
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(mustbe coordinated with County Engineer):
See attached map
8. Description of reclamation
A. Proposed reclamation land use(s): Wildlife habitat
B. Source of technical advise for reclamation: Bill Yorkferrin, Stan Odenbaugh
C. Explanation of Reclamation Process: Area will be reclaimed for wildlife
habitat, fishing lake, and waterfowl habitat, as this ground is
unfannable and not usefic1 in its present condition
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with
or contained within this application are true and correct to the best of my knowledge.
COUNTY OF WELD )
) ss.
STATE OF COLORADO)
Signa.ture:/Owner/Authorized Agent
Q�
day of , 19
Subscribed and sworn to before me this /
SEAL
(6
NOTARY PUBLIC
( J
My Commission Expires: Ll I ' qC
REVISED: March 1994
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Use by Special Review
Application Requirements
1. Weld County use by special review application (See pages 1, 2)
2. Sand and gravel mining
In the event that sand and gravel is processed and stockpiled on site these activities will take
place in the North East corner of mining area"D" (see extraction drawing). Aggregate
excavated but not processed will be stockpiled briefly to allow the material to drain excess
groundwater prior to being loaded and hauled off site.
Mining and Processing
Mining of sand and gravel is dependent on the geologic characteristics and the aerial extent
and thickness of the deposit. Sand and gravel deposits above the water table are excavated
with conventional earth-moving equipment such as bulldozers, front-end loaders,tractor
scrapers, and draglines. Deposits below the water table, including stream and lakebed
deposits are excavated using draglines.
Reclamation
The primary goal of reclamation is to return the land to a beneficial use. For example,
residential developments are a popular use for reclaimed sites. The natural setting provided
by open water fulfill a demand for scenic,lake-front property. Reclaimed pits have also
been converted to parks and recreation areas, wildlife areas, wetlands and open space
areas.
The most acceptable method for the community,and commonly the most economic
for the producer,is to plan reclamation before the aggregate is extracted. Aggregate can be
mined with the final land-surface contours in mind, equipment can be used for both mining
and reclamation,and mined-out areas can be reclaimed concurrent with extraction in other
parts of the operation.
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A. The types and numbers of operation and processing equipment to be employed.
The method of operation shall be as follows: The processing equipment that may be
used would be a screening plant,rubber tire loaders, hydraulic excavators,
dragline, scraper,blades and haul trucks.
B. The number of shifts to be worked and the maximum number of employees.
There will be only one daytime/shift planned. Shifts should not exceed 10 hours a
day. The maximum number of employees per shift will be 10. Typical hours of
operation shall be during daylight hours, not to exceed 10 hours per day. Days of
operation shall be Monday through Saturday.
C. Whether the operation will involve a wet or dry pit.
The operation is anticipated to be a wet pit.
D. County roads and bridges to be utilized.
County roads used include WCR 23 and WCR 32 1/2. Two bridges located on
WCR 32 1/2 may be used, one crosses the South Platte River heading west from
WCR 23 and a second crosses Farmers Independent Ditch heading east from WCR
23.
E. The size of the area and stages to be worked at any one time.
The size of the area to be worked at one time will be approximately 2 acres. Total
area upon completion is less than 10 acres.
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F. A time table giving the periods of time which will be required for the various stages
of the operation.
The timetable of four stages is one 2 acre area per two years. A total estimated time
of eight years. This is only an estimate because demand is unknown.
G. The depth and thickness of the mineral deposit to be mined and the thickness of
overburden to be removed.
The depth of the material to be mined is approximately 30'. The overburden is 3"
to 6"in depth.
H. The proposed use of reclaimed lands and an explanation of the reclamation process.
The reclaimed land is to be a recreation lake and wildlife habitat. The reclamation
process will be is as follows:
Area"A"will be stripped of topsoil with scrapers and stockpiled on Area"B."
Gravel material will be extracted. After all gravel material is removed the side
slopes will be backfilled to a 3:1. Backfilled slopes will then be covered with
topsoil to a depth of 3 to 6 inches. The slopes will be reseeded. This process will
then be repeated in Area"B" and"C." Next area"C"and"D." Area"D" topsoil
will be placed on one slope of area"C" for final placement on area"D" slopes.
(See extraction plan map.)
I. The source of technical advice in that type of reclamation for open cut mining land.
The source of technical advice was Don Careaol Weld County and Bill Yorkferrin
State of Colorado.
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3. A certified list of the names, addresses and the corresponding parcel identification number
assigned by the Weld County Assessor of the owners of property(the surface estate)
within 500 feet of the property subject to the application.
Certified list of surface owners within 500 feet (see pages 7, 8).
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4. A certified list of the names and addresses of mineral owners and lessees of minerals on or
under the parcel of land being considered.
Certified list of names of mineral owners (see page 10).
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5. The following documents or any other similar documents shall be submitted by the
applicant if deemed necessary by the Board of County Commissioners or its duly
authorized representative for the protection of the health, safety and welfare of the
inhabitants of Weld County.
Documents will be provided upon request. The applicant has obtained approval for
a"Limited Impact"mining and reclamation permit(#M93-026) from the Colorado
Division of Minerals and Geology. A copy of the applicants Limited Impact Permit
is available upon request.
The post mining and reclamation land use will be water fowl and wildlife
habitat.
6. A statement which explains how the proposal is consistent with the Weld County
Comprehensive Plan.
The request for a mining permit is consistent with the Weld County Comprehensive
plan which states that Weld County recognizes that mineral resource extraction is an
essential industry. The sand and gravel deposit is located in the flood plain of
South Platte River. Our goals are consistent with Weld County's Mineral Resource
goals. To operate this mine site we are requesting a use by Special Review permit.
We agree to maintain roadside vegetation, perimeter vegetation and setbacks as
required. Access roads to and from site would not impact anyone because property
is adjacent to Weld County 23. All processing equipment would remain at an area
reasonably close to a central area of the site. Warning signs and other safety
devices would be utilized as needed. Mining operations will conform to all federal,
state and local standards concerning protection of aquifers and other waterways.
Topsoil, which is minimal,will be stockpiled and replaced on slopes. All
reasonable measures will be taken to protect wildlife habitat and should be a
substantial improvement for fish and wildlife habitat. The operator will maintain
the mine site until it has been reclaimed. Trucking on site should only be to haul
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material to stockpile areas and from stockpile areas to the county roadways. As this
is a fairly small gravel mining operation the trucking impact will be minimal.
Trucking impacts on County Road 23 should not be a problem as Agricultural
operations in the area now allow heavy truckloads equal to gravel truckloads. All
loads will be in compliance with state weight limits and also county bridge laws.
7. A statement which explains how the proposal is consistent with the intent of the district in
which the use is located.
The subject property is located in the "A"(Agriculture)District in Weld County.
The intent of the"A" district is as follows: The "A" District is also intended to
provide areas for the conduct of Uses by Special Review which have been
determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right. The "A"District regulations are established to promote the
health, safety and general welfare of the present and future residents of Weld
County. Pursuant to Section 31.4.1 of the Weld County zoning ordinance open pit
mining and materials processing is allowed as a use by special review in the"A"
zone upon approval of a permit in accordance with the requirements and procedures
set forth in Section 24. Uses by special review.
8. If applicable, a statement which explains what efforts have been made, in the location
decision for the proposed use, to conserve productive agricultural land in the agricultural
zone district.
The area proposed for mining is unfarmable now due to the lack of topsoil. It has
-- not been cultivated or farmed for over 20 years.
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9. A statement which explains there is adequate provision for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and the County.
The safety of inhabitants and neighbors will be taken into consideration. Reclaimed
slopes will be backfilled to 3:1. Signs also will be put up to discourage entrance.
Also the area will be monitored and trespassers will be removed. Overall, the
proposed mine will be a limited impact operation which will be conducted under
the counties operational provisions which are designed to protect the health safety
and welfare of the public.
10. A statement which explains the uses permitted will be compatible with the existing
surrounding land uses.
All surrounding land use is agricultural. The proposed area is unproductive at this
time. Following mining and reclamation a recreation lake and wildlife habitat will
be created. This will be an improvement over existing conditions.
11. A statement which explains the proposed use will be compatible with the future
development of the surrounding area as permitted by the existing zone and with future
development as projected by the comprehensive plan of the county or the adopted master
plans of affected municipalities.
The proposed area is zoned agriculture but is unfarmable due to lack of topsoil.
Future development of the surrounding area is likely to be minimal due to
floodplain overlay district regulations. The proposed use does not appear to be in
conflict with future land uses pursuant to the Weld County Comprehensive Plan.
13 962131 '
12. A statement which explains the Use by Special Review area is not located in a flood plain,
geologic hazard and Weld County Airport overlay district area; or that the application
complies with Section 50, Overlay District Regulations as outlined in the Weld County
Zoning Ordinance.
The proposed area is located in the flood plain of the South Platte River. There are
no known geologic hazards associated with the subject property. The proposed
area is over 20 miles from the Weld County Airport. In order to comply with
Section 50(overlay district regulations) of the Weld County use ordinance exca-
vated sand and gravel will be stockpiled for a limited period of time prior to being
loaded and hauled off-site. This limited stockpiling period is necessary because the
sand and gravel will be mined wet and must be drained of groundwater prior to be-
ing loaded and hauled. Because aggregate will be mined as needed and stockpiled
in limited quantities for brief periods no floodplain impact are anticipated.
13. Proof that a water supply will be available which is adequate in terms of quantity, quality,
and dependability(e.g., a well permit or letter from a water district).
The primary haul route will be South on WCR 23 to WCR 32 1/2. The number of
haul trips will vary depending on the specific requirements of the job for which the
material is being used. In order to comply with current state water law
requirements the applicant will obtain a plan of substitute supply approved by the
state engineer. Currently, the details of the plan are being developed with the office
of the State Engineer.
•
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14. A copy of the deed or legal instrument identifying the applicant(s) interest in the property
under consideration. If an authorized agent signs the application for the fee owner(s), a
letter granting power of attorney to the agent from the property owner(s)shall be provided.
A copy of the applicants warranty deed is attached. (See pages 16, 17)
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15. A noise report, unless waived by the Department of Planning Services, documenting the
methods to be utilized to meet the applicable noise standards.
Noise
Introduction: Fundamental Concepts of Environmental Noise
This section provides background information to aid in understanding the technical
aspects of this report.
Three dimensions of environmental noise are important in determining subjective
response. These are:
a. the intensity of level of the sound;
b. the frequency spectrum of the sound;
c. the time-varying character of the sound.
Airborne sound is a rapid fluctuation of air pressure above and below atmospheric
pressure. Sound levels are usually measured and expressed in decibels (dB), with
0dB corresponding roughly to the threshold of hearing.
The "frequency"of a sound refers to the number of complete pressure fluctuations
per second in the south. The unit of measurement is the cycle per second (cps) or
Hertz(Hz). Most of the sounds which we hear in the environment to not consist of
a single frequency,but of a broad band of frequencies, differing in level. The
quantitative expression of the frequency and level content of a sound is its sound
spectrum. A sound spectrum for engineering purposes is typically described in
terms of octave bands which separate the audible frequency range (for human
beings, from about 20 to 20,000 Hz) into ten segments.
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Many rating methods have been devised to permit comparisons of sounds having
quite different spectra. Fortunately,the simplest method correlates with human
response practically as well as the more complex methods. This method consists of
evaluating all of the frequencies of a sound in accordance with a weighting that
progressively and severely de-emphasizes the important of frequency components
below 1000 Hz, with mild de-emphasis above 5000 Hz. This type of frequency
weighting reflects the fact that human hearing is less sensitive at low frequencies
and extreme high frequencies than in the frequency midrange.
The weighting curve described above is called"A"weighting, and the level so
measured in called the"A-weighted sound level,"or simply"A-level."
The A-level in decibels is expressed"dBA;"the appended letter"A"is a reminder of
the particular kind of weighting used for the measurement. In practice, the A-level
of a sound source is conveniently measured using a sound level meter that includes
an electrical filter corresponding to the A-weighting curve. All U.S. and
international standard sound level meters include such a filter. Typical A-levels
measured in the environment an in industry are shown in Figure L-1 (attached).
Although the A-level may adequately describe environmental noise at any instant in
time,the fact is that the community noise level varies continuously. Most
environmental noise includes a conglomeration of distant noise sources which
creates a relatively steady background noise in which no particular source is
identifiable. These distant sources may include traffic, wind in trees,industrial
activities,etc. These noise sources are relatively constant from moment to moment,
but vary slowly from hour to hour as natural forces change or as human activity
follows its daily cycle. Superimposed on this slowly varying background is a
succession of nearby activities or single vehicle passages, aircraft flyovers, etc.,
19 962131
which cause the environmental noise level to vary from instant to instant.
To describe the time-varying character of environmental noise, the statistical noise
descriptors L10, L50, and L90 are commonly used. The L10 is the A-weighted
sound level equaled or exceeded during 10 percent of a stated time period. The L10
is considered a good measure of the "average peak"noise. The L50 is the A-
_ weighted sound level that is equaled or exceeded 50 percent of a stated time period.
The L50 represents the median sound level. The L90 is the A-weighted sound level
equaled or exceeded during 90 percent of a stated time period. The L90 is used to
describe the background noise.
The effects of noise on people can be listed in three general categories:
1) subjective effects of annoyance, nuisance,dissatisfaction;
2) interference with activities such as speech, sleep, learning;
3) physiological effects such as startle, hearing loss
The sound levels associated with environmental noise, in almost every case,
produce effects only in the first tow categories. Unfortunately, there is as yet not
completely satisfactory measure of the subjective effects of noise,or of the
corresponding reactions of annoyance and dissatisfaction. This is primarily
because of the wide variation in individual thresholds of annoyance, and habitation
to noise over differing individual past experiences with noise.
This, an important parameter in determining a person's subjective reaction to a new
noise is the existing noise environment to which one has adapted: the s-called
"ambient"noise. "Ambient"is defined as "the all-encompassing noise associated
20 962131
with a given environment, being a composite of sounds from many sources, near
and far." In general,the more a new noise exceeds the previously existing ambient,
the less acceptable the new noise will be judged by the hearers.
With regard to increases in noise level,knowledge of the following relationships
will be helpful in understanding noise impacts:
a) Except in carefully controlled laboratory experiments, a change of only 1 dBA
cannot be perceived.
b) Outside of the laboratory, a 3-dBA change is considered a just-noticeable
difference.
c)A change in level of at lease 5 dBA is required before any noticeable change in
community response would be expected.
d) A 10-dBA change is subjectively heard as approximately a doubling in loudness.
Noise Criteria
The applicable noise criteria pertaining to mining in Weld County,Colorado, are
based on the country's noise standard for industrial activities which is found at
Section 34.5.2.1 of the Weld County zoning ordinance. The above referenced
section states that "uses and structures in"Industrial" districts shall be located
designed and operated in accordance with the noise standards as established in 25-
12-101 C.R.S., 1993 as amended." The state of Colorado's noise standards for
industrial activity are contained in Article 12,noise abatement,of the state code.
Pertinent parts of the code state that sound levels of noise radiating from an
industrial property line at a distance of 25 feet or more therefrom in excess of 80
dBA between 7 a.m. and 7 p.m. shall constitute prima-facie evidence that such
noise is a public nuisance. Industrial noise levels are permitted to reach 90 dBA for
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a period not to exceed 15 minutes in any one hour period.
The Effect of Mining and Processing
The activities associated with the proposed mining which have a potential for
creating a noise impact are as follows:
• noise generated by mining
• noise generated by processing
• noise associated with transporting material from the site
There are two primary factors which will serve to mitigate the noise impacts from
the proposed mining activity. Those factors include the distance between the noise
source and residents and the topography of the area. Because the proposed site is
located in a sparsely populated area of Weld County there are few residents nearby.
Indeed, the nearest resident to the north and east is the Odenbaugh homestead,
which is located approximately 800 feet from the proposed site. To the south the
nearest residence is located over 1/2 mile away and to the west the nearest homesite
is located on Public Service Co. property west of WCR 23 approximately 150 feet
from the westerly extent of the proposed mine site.
In addition to distance,overburden removed prior to mining will be used to
selectively screen noise sources by the stockpiling of overburden and topsoil in
berms. This will help to mitigate both mining and processing noise sources.
Furthermore, processing noise will be mitigated by locating the processing facility
in the northeast part of the mine site. Sand and gravel stockpiles can also serve to
mitigate processing and mining-related noise.
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The proposed mining operation will comply with the noise standards for industrial
activity as described above. Distance to the nearest residence, selective use of
overburden and topsoil berms, selectively placed stockpiles of sand and gravel and
the ability to selectively locate the processing operation will allow the mining
operation to comply with county and state noise standards.
16. Any other information determined to be necessary by the Board and County
Commissioners or its authorized representative to ensure the protection of the health, safety
and welfare of the inhabitants of Weld County.
Operation Policies
The policies outlined below represent a minimum model for operation standards for
the proposed use. Stricter standards may be imposed by the Board of County
Commissioners or their duly authorized representative during the review process to
ensure the protection of the health, safety, and welfare of the inhabitants of Weld
County.
16.1 No excavation of processing of sand and gravel shall be permitted nearer
than 10 feet to the boundary of adjacent property,easement or irrigation
ditch or right-of-way, nor nearer than 125 feet to any existing resident,
unless by written agreement the owners of such adjacent property consent
to a lesser distance and the Planning Commission approves such a lesser
distance. The Planning Commission may set a greater distance than
mentioned above when, in their opinion, it is justified.
16.2 All sand and gravel operations shall be conducted during the hours of
daylight except in the case of public or private emergency, or to make
necessary repairs to equipment. This restriction shall not apply to operation
23 962131
of administrative and executive offices or repair facilities located on the
property.
16.3 Weeds and any other unsightly or noxious weeds shall be cut or trimmed as
may be necessary to preserve a reasonably neat appearance and to prevent
seeding on adjacent property.
16.4 Existing trees and ground cover along public road frontage and drainage
ways shall be preserved, maintained and supplemented if necessary, for the
depth of the setback in order to protect against and reduce noise,dust and
erosion.
16.5 All means of access to the property from any street shall be located and
designated as to avoid the routing of vehicles to and from the property over
streets that primarily serve residential development.
16.6 All access roads from sand and gravel operations to public highways,
roads,or streets, or to adjoining residential structures, shall be paved or
otherwise treated to minimize dust conditions on all parts of such access
roads which are located within one-fourth mile of the public highway, road,
street, or adjoining residential structure.
16.7 Prior to starting excavation in certain specific instance, a first determined by
individual investigation by the Board of County Commissioners or their
duly authorized representatives,where excavations are considered
hazardous or otherwise harmful to nearby residents or to their property, the
Board of County Commissioners may require the excavations to be fenced
or that some other action be taken on the part of an operator in order to
minimize the hazardous situation. Chain link fencing to keep out young
children, three strand barbed wire to keep out livestock,
acceleration/deceleration lanes to facilitate the safe/smooth flow of traffic,
and water augmentation to compensate for water losses caused by
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evaporation are examples of action which may be required by the Board.
16.8 Where topsoil is removed, sufficient arable soils shall be set aside, for
respreading over the excavated area.
16.9 Rock crushers and similar accessory facilities and equipment, but not
including batching(concrete and asphalt)facilities may be allowed.
However, the Planning Commission or Board of County Commissioners
may set out additional conditions under which these operations may be
permitted;and said conditions may vary by location due to abutting land
uses. Concrete and asphalt batch plants shall meet the requirements of
Section 31.4.
16.10 The operator shall furnish evidence he/she is insured to the extent of not
less than $100,000.00 against liability for any negligent act or omission by
the operator from the operation or maintenance of the sand and gravel pit
and extraction and production of sand and gravel and all activities connected
with or incidental thereto.
16.11 That the use will not cause injury to vested or conditional water rights. If
the use may result in injury to vested or conditional water rights, the
applicant shall either present an agreement with a water conservancy district
or water user group which encompasses the location of the use within its
boundaries, a plan of exchange or substitute supply approved by the State
Engineer or a decreed plan for augmentation approved by the District Court
for Water Division No. 1 which prevents injury to vested and conditional
water rights.
17. Reclamation plans.
Reclamation plans shall be reviewed to determine the compatibility of the proposed
use with surrounding land uses.
25 962131
1. Following the completion of mining operations, the land shall be left in a safe
condition.
2. Sufficient drainage shall be provided to prevent water pockets or undue erosion.
Grading shall be accomplished in such a manner that storm water leaves the
property at the original, natural drainage points. Runoff at any one such point
shall not normally be increased over historic flows. Increases over historic
flows shall be allowed only when it is shown that the increased flows will not
adversely impact uses or lands affected by such flows.
3. All excavated areas shall finally be graded in substantial conformity to the use of
the land proposed in the reclamation plan. Ridges,banks and mounds shall be
graded so as to minimize erosion. Trees, shrubs, legumes, grasses, or other
ground cover shall be replaced in order to avoid erosion insofar as is
practicable.
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HART &ASSOCIATES
U.S.G.S. TOPOGRAPHIC MAP P.O. Box 1303
Platteville, Colorado Boulder, CO 80306
(303) 444-6602
Scale: 1:24,000
Odenbaugh Special Use Application
Date: 05/04/95 Figure:
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962131
STATE OF COLD &O
OFFICE OF THE STATE ENGINEER County planning
2 0 .
F•cO�
Division of Water Resources `7ve1d � '�
Department of Natural Resources
1313 Sherman Street,Room 818 SEp 9 1996 r C t
a,,,, j
Denver,Colorado 80203 - :76`
Phone(3 8)866-3581 w
FAX(303)866-3589 E`
v 'omet
Governor
September 4, 1996 James S.Lochhead
Executive Director
Hal D.Simpson
State Engineer
Stanley and Earlene Odenbaugh
16124 Weld County Road 23
Platteville, Colorado 80651
RE: Odenbaugh Pit No.1 Substitute Water Supply Plan
DMG M93026
Section 12, T3N, R67W, 6th P.M.
Water Division 1 , Water District 2, Weld County
Dear Mr. and Mrs. Odenbaugh:
This letter is in response to your application for a substitute water supply plan for
the Odenbaugh Pit No.1 in accordance with Section §37-80-120, C.R.S. The required fees
of $1343 for the substitute water supply plan and $60 for the well permit application have
been submitted.
The anticipated net depletion for this plan is 2.4 acre-feet per year for 0.5 acres of
lake surface exposed; According to the information submitted, no water surface was
exposed within the reclamation permit boundary prior to January 1 , 1981. You have
provided a monthly breakdown of the annual depletions totaling 1.4 acre-feet of
evaporative loss, and 1 .0 acre-foot of water lost with the product.
The proposed source of replacement for this pit is reusable effluent from the City of
Longmont. Including the transit loss of 5.5 percent from the City of Longmont
Wastewater Treatment Plant discharge near the confluence of Left Hand Creek and St.
Vrain Creek, the amount of replacement water required at Longmont totals 2.53 acre-feet
per year. The monthly depletions and replacement requirements are found on the attached
table.
As required by Senate Bill 89-120 in Section 8, this substitute water supply plan
has been provided to an outside consultant for review. The consultant has recommended
approval of the plan by way of this letter. Based upon statutory requirements and the
recommendations-of the consultant, I hereby approve the proposed substitute water supply
plan in accordance with §37-80-120, C.R.S. subject to the following conditions:
1 . A well permit must be obtained for the gravel pit in accordance with
§37-90-137(2) and (11), C.R.S. Our office received a gravel pit well
permit application on April 22, 1996. Either consent or a hearing will be
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required prior to the issuance of the permit if another well is located
within 600 feet of the proposed well. Should a new well permit be
denied for reasons of 600 foot spacing, or any other legitimate reason,
approval of this substitute supply plan will be canceled.
•
2. The total surface area of the groundwater exposed after December 31 ,
1980 must not exceed 0.5 acre and the total product mined shall not
exceed 35,000 tons per year. Total water use at the site must not
exceed 1 .4 acre-feet of evaporative loss and 1 .0 acre-foot of water lost
with the product. Should the total water surface area at the pit, total
mined product, or total water consumed at the pit exceed these
amounts prior to the expiration date of this plan, an amendment will
need to be filed with this office.
3. In accordance with amendments to §25-8-202(7), C.R.S., and Senate
Bill 89-181 Rules and Regulations adopted on February 4, 1992, the
State Engineer shall determine if the substitute supply is of a quality to
meet requirements of use to which the senior appropriation receiving the
substituted supply has normally been put. As such, water quality data
or analysis may be requested at any time to determine if the
requirements of use of the senior appropriator are met.
4. Approval of this plan is for the purpose as stated herein. Any additional
uses for which the water may be used must first be approved by this
office.
5. The replacement water which is the subject of this plan cannot be sold
or leased to any other entity. As a condition of subsequent renewals of
this substitute water supply plan, the replacement water must be
appurtenant to this site until a plan for augmentation is obtained. A
copy of this approval letter must be recorded with the county clerk and
recorder. All replacement water must be concurrent with depletions in
quantity, timing and location.
6. The lease of reuse or consumptive use water from the City of Longmont
provides for deliveries through December 1996. Prior to January 1997,
additional replacement water must be obtained and approved by this
office.
7. Adequate accounting of depletions and replacement must be provided to
the Division Engineer in Greeley and the Water Commissioner (Bob Stahl,
9378 Weld County Road 25, Ft. Lupton, CO 80621 (303) 857-0742) on
a monthly basis or other interval acceptable to both of them. The
accounting form provided with your application is subject to modification
and approval by the Division Engineer. All amounts shall be in acre-feet.
8. This substitute water supply plan may be revoked or modified at any
time should it be determined that injury to other vested water rights has
or will occur as a result of this plan.
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9. An application for a change in water rights and plan for augmentation
must be filed with the Division 1 Water Court within three (3) years of
the approval of this plan to include, but not be limited to, long-term
evaporation losses.
10. The approval of this plan does not imply a position by our office on any
litigation associated with this case.
11 . This plan shall be valid through December 31 , 1996 unless otherwise
revoked or modified. If a plan for augmentation is not obtained by the
expiration date, a valid substitute water supply plan is required. Any
request for renewal of this plan must be submitted with the statutory
fee (currently $217) prior to the expiration date.
12. Acceptance of these conditions shall be assumed'unless a letter to the
contrary is received by the Division Engineer (800 8th Avenue, Suite
321, Greeley, Colorado 80631), and the Water Commissioner within
two weeks of your receipt of this letter. The name, address, and phone
number of a contact person who will be responsible for the operation
and accounting of this plan must be provided to the Division Engineer.
This office does not condone the eradication of native wetland vegetation.
Likewise, approval of this plan does not satisfy any federal laws or regulations and liability
resulting therefrom. If you have any questions, please contact Megan Sullivan in Denver of
this office, or Dave Nettles, Assistant Division Engineer, in Greeley at (970) 352-8712.
Sincerely,
nit D. Simps R: .E.
State Engineer
HDS\MAS\mas\M93026.doc
cc: Dave Nettles, Assistant Division Engineer
Bob Stahl, Water Commissioner
Dave Jones, Tuttle Applegate, Inc.
Mark McLean, Rocky Mountain Consultants, Inc.
Bill Gambrell, Water Commissioner, District 5
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Odenbaugh Pit No.1 - M93026
MONTHLY DISTRIBUTION FOR DEPLETION & REPLACEMENT REQUIREMENTS
(All Values in Acre-Feet). •
Month Net Water Total Augmentation
Evap. Removed Depletions of Requirement
Loss with Groundwater From Leased
(Unlagged) Product (Lagged) Source
Jan. 0.04 0.03 0.18 0.19
Feb. 0.05 0.05 0.16 0.17
Mar. 0.07 0.05 0.16 0.17
Apr. 0.11 0.08 r 0.16 0.17
May 0.14 0.10 0.17 0.18
June 0.21 0.10 0.19 0.20
July 0.24 0.12 0.22 0.23
Aug. 0.21 0.12 0.24 0.25
Sep. 0.14 0.12 0.25 0.26
Oct. 0.10 0.10 0.24 0.25
Nov. 0.05 0.08 0.23 0.24
Dec. 0.04 0.05 0.20 0.21
Total I 1 .401 1.001 2.401 2.52
"Augmentation Requirement From Leased Sources" includes 5.5 percent transit loss
(0.25% per mile for 22 miles) from Longmont Wastewater Treatment Plant discharge to
South Platte River.
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