HomeMy WebLinkAbout20210241.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Evan Pinkham, Public Works
DATE: October 8, 2019
SUBJECT: USR19-0057 Lost Creek
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Use by Special Review Permit for Open Mining
and Processing of Minerals (Sand Mining) in the A (Agricultural) Zoned District. Proposed Sand Mine to be
located in Sections 2,3,4, 9, 10, 11 and 14 T3N R61.
Parcel number 122110000004.
Access is from CR 91.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and the proposed
access meets County requirements.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article
V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public
road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. Please refer
to Chapter 12 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 91 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section
23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical
roadways may not be centered in the right-of-way. This road is maintained by Weld County.
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
No traffic counts are available in the area.
The traffic information submitted with the application materials indicated that there will be approximately
425 daily roundtrips. All of the traffic will go to the north on County Road 91
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Public Works for review and consideration.
This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS
Public Works is requesting an Improvements and Road Maintenance Agreement for dust control, damage
repairs to specified haul routes, triggered off -site improvements and up -front off -site improvements.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public/020Works/DevelopmentR
eview/USR-SPR-Permite/020Improvemente/020Agreement°/020Template.pdf. It will detail the approved
haul route(s), outline the required up -front off -site improvements, designate when other off -site
improvements will be triggered, and include a maintenance agreement for the haul routes.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
Detention Pond summarized in a Drainage Report:
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Public Works Development Review website. General
drainage report checklist is available on the engineering website. More complete checklists are available
upon request.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant, Public Works and Planning Department have reviewed the referral
and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact an Engineering
representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. Immediate off -site improvements include paving County Road 91 from the facility entrance
to Highway 34, and a southbound left turn lane at the facility entrance. The Agreement shall include
provisions addressing engineering requirements, submission of collateral, and testing and approval of
completed improvements. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The plan shall be amended to delineate the following:
1. County Road 91 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
2. County Road 24 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right -of -Way as "CR 24 Section Line Right -Of -
Way, not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
3. County Road 26 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right -of -Way as "CR 26 Section Line Right -Of -
Way, not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
4. County Road 93 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right -of -Way as "CR 93 Section Line Right -Of -
Way, not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
5. Show and label the approved access locations, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
6. Show and label the approved tracking control on the site plan. (Department of Public Works)
7. Show and label the entrance gate if applicable. An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Department of Public Works)
8. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
9. Show and label the drainage flow arrows. (Department of Public Works)
10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
C. If more than one (1) acre is to be disturbed for construction outside of the gravel mining area, a Weld
County grading permit will be required. (Department of Public Works)
Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation. Immediate off -site improvements include paving County Road 91 from the facility
entrance to Highway 34, and a southbound left turn lane at the facility entrance. (Department of Public
Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
6. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To:
From:
Date:
Chris Gathman
Lauren Light, Environmental Health Services
October 4, 2019
Re: USR19-0057 Black Mountain Land CO. LP
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and Special Review Permit for Open Mining and processing of
materials (Sand Mining) in the A (Agricultural) Zoned District.
The applicant will be utilizing Morgan County water and a commercial on -site
wastewater treatment system (OWTS). If the OWTS exceeds 2,000 GPD permitting
through the State is required. As mining is considered a temporary use, portable toilets
and bottled water are also acceptable for sanitary uses. Typically, portable toilets are
used at the working face of the mine.
Noise is restricted to the level allowed in the industrial zone district. The application
contains a noise report which indicates noise levels should be below the industrial limit.
A nuisance plan was submitted which addresses mitigation for noise including
equipment mining below grade, white noise backup beepers and locating topsoil piles to
function as sound barriers. No blasting or crushing will occur onsite.
Dust abatement will consist of utilizing a water truck, reduced speed limits and material
processing in an enclosed facility. Air emission permitting through the State is required.
There will be fuel storage on site which requires permitting through the State along with
secondary containment. An SPCC plan will be onsite at all times. There will be
maintenance onsite and waste fluids will be contained in a separate vault. The wash
bay will use fresh water which will be recycled back into the system for reuse. Soaps
and detergents will not be utilized.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-304-64 I'2
Public Health 8
Clinical Services
Icic: 9/0 304 6420
Fax: 9/0-301-64 15
Environmental Health
Services
Tele:970-304-6415
Fax: 970-304-6411
Communication,
Education 8 Planning
Tele: 970-304-6470
Fax: 970-304-545'2
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
in a manner that protects against surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste
in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code and the accepted waste handling plan.
4. Fugitive dust should attempt to be confined on the property. Uses on the property
shall comply with the Colorado Air Quality Commission's air quality regulations
and the accepted dust abatement plan.
5. The operation shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment, as applicable.
6. The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone as delineated in 25-12-103 C.R.S. The facility shall operate in
accordance with the accepted noise report and the nuisance plan.
7. The operation shall remove, handle, and stockpile overburden, sand and soil from
the facility area in a manner that prevents nuisance conditions.
8. Portable toilets and bottled water are acceptable to provide drinking and sanitary
services to the site. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County, contain hand sanitizers and shall
be screened from residences within one-half mile of the pipeline easement and high -
volume roads in consultation with the Department of Public Works.
9. Adequate drinking, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility, at all times. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes.
10. Sewage disposal for the facility shall be by septic system. Any septic system
located on the property must comply with all provisions of the Weld County Code,
pertaining to On -Site Wastewater Treatment System Systems.
11. Any large -capacity septic system (a septic system with the capacity to serve 20 or
more persons per day) shall comply with the Underground Injection Control (UIC)
Class V Injection Well requirements of the Environmental Protection Agency
(EPA).
12. In the event the septic system requires a design capacity of 2,000 gallons or more
of sewage per day the applicants shall adhere to the requirements of the Colorado
Department of Public Health and Environment, Water Quality Control Division's
(WQCD) Regulations.
13. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
14. If applicable, the operation shall obtain a stormwater or other discharge permits
from the Colorado Department of Public Health & Environment, Water Quality
Control Division.
15.The operation shall comply with all applicable rules and regulations of the
Colorado Division of Reclamation Mining and Safety.
16.The operation shall comply with the Mine Safety and Health Act (MSHA).
17.The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
18.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
September 09, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: BLACK MOUNTAIN LAND COMPANY LP Case Number: USR19-0057
Please Reply By: October 07, 2019 Planner: Chris Oathman
Project: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and
Processing of Minerals (Sand Mining) in the A (Agricultural) Zoned District. Proposed Sand Mine to be
located in Sections 2,3,4, 9, 10, 11 and 14 T3N R61.
Location: East of and adjacent to County Road 91, north of and adjacent to Interstate 76 and 2 miles
south of State Highway 34.
Parcel Number: 122110000004-R5001886 Legal: 3917 E2SE4 SECTION 10 T3N R61 W of the 6th
P.M., Weld County, Colorado,
Parcel Number: 122103000007-R4998486 Legal: 3904 E2 SECTION 3 T3N R61 W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122103000008-84998686 Legal: 3905 W2 SECTION 3 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122114000001-85003786 Legal.: 3925 PT N2 SECTION 14 T3N R61W N OF HWY #6
of the 6th P.M., Weld County, Colorado.
Parcel Number: 122110000006-R5002086 000006-R5002086 Legal: 3919 NW4 SECTION 10 T3N R61 W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122110000009-85002186 Legal: 3918 SW4/W2SE4 SECTION 10 T3N R61W of the
6th P.M., Weld County, Colorado.
Parcel Number: 12.2111000005-R5002786 Legal: 3920 ALL SECTION 11 T3N 861 W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122102000003-R4997686 Legal: 3902 SW4 SECTION 2 T3N R61 W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122110000005-85001986 Legal: 3916 NE4 SECTION 10 T3N R61 W of the 6th P.M.,
Weld County, Colorado.
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (971) 30'4-640$ fey€
Page 2 of 2
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so tha
we may give full consideration to your recommendaton. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any furth
questions regarding the application, please call the Planner associated with the request. Please note
that new information may be added to applications under review during the review process. If yap'
desire to examine or obtain this additional information, please call the [department of Planning
Services.
We have reviewed the request and find that it does /does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature �- "---'-i2) ,,-` Coe Date
,- a
Agency LA CI k4614 Cotaftaigi
9 %, j or) j.
116V
Weld County Planning Dept. 1555 N 17th Ave, Greeley, co. 80631 (970) 400-6100 (970) 301-5498 fax
VRANESH AND RAISCH, ALP
ATTORNEYS AT LAW
5303 Spire Read Suite 202 Boulder, Colorado 80301
Telephone: 303.443.6151 www,vrlaw.com
October 24, 2019
Virg Email
Mr. Chris Gathrnan, Planner
Weld County Department of Planning
Services
cgathman@weldgov.com
Re: USR19-0057 Black Mountain Sand Weld, LLC — Use by Special Review
Application: Bijou Irrigation District and Bijou Irrigation Company
Initial Comments
Dear Chris;
This letter is provided on behalf of the Bijou. Irrigation District ("I)istrict") and Bijou
Irrigation Company ("Company") concerning USR19-0O57 Black Mountain Sand Weld,
LLC - Use by Special Review Application ("USR Application`). For purposes of this
letter, Black Mountain Sand Weld, LLC is referred to as "BMS."
The District's and the Company's contact information is as follows:
Bijou Irrigation District
Bijou Irrigation Company
c/o Ms. Denice Wagner, Administrations Manager
15551 Highway 34
P.O. Box 972
Fort Morgan, Co 80701-0972
Bus. Phone: 970-867-2222
office@bijouirrigation.com
Bijou and its technical and legal consultants are evaluating the USR Application and
materials provided to date, and the proposed operating terms and conditions. Bijou
Chris Gafhman
October 24, 2019
Page 2
currently has concern about potential lass, injury, or negative impact to the interests
described in this letter. As Bijou is still conducting its review, this comment letter is not
all inclusive of Bijou's comments and concerns, and the District and the Company
reserve the right to provide new and/or supplemental comments and other supporting
information at a future date regarding the USR Application. In addition, Bijou
anticipates that it may participate in hearings scheduled before the Planning
Commission and the weld County Board of County Commissioners an this matter, and
it requests that information concerning the scheduling of such hearings be provided to
.t
Bijou has provided continents to staff at the Colorado Division of Reclamation, Mining,
and Safety concerning the mining permit application for this project submitted by BMS.
Copies of Bijou's letters are provided with this letter. In addition, Bijou has had several
meetings with representatives of BIVIS and its consultants. Bijou thus believes that BI's
should be aware of the issues discussed below.
Bijou Information
The District is a statutory i905 Act Irrigation District that owns and diverts water rights
for the benefit of landowners included within the Districts boundaries, The District has
property rights in Empire Reservoir, an unlined storage structure with a capacity of
approximately 37,700 acre-feet, and in the Empire Inlet Canal, which is the ditch
structure used to deliver water into Empire Reservoir from the South Platte River. The
District holds decreed water storage rights far Empire Reservoir. These rights are used
for irrigation of lands located on the south side of the South Platte River to the east of
Empire Reservoir. Water is released, from Empire Reservoir into the Bijou Irrigation
Company's delivery canal (the Bijou Canal), and them delivered to the landowner
properties. The District also holds a decreed water right for recreational and piscatorial
uses of water stored in Empire Reservoir, and those uses are managed and regulated by
the District for the benefit of numerous persons and entities. Empire Reservoir also
provides a habitat location for wildlife and aquatic species and resources. The Company
is a mutual ditch company under Colorado law. It owns the Bijou Canal, and also has
decreed water rights (both direct flaw and storage) for irrigation and other uses,
including recharge.
Chris Gathman
October 24, 2019
Page 3
Physical Impacts to Bijou's Water Rights and Operations
A mining project of the size and duration described in the USR Application will have
impacts on the local community and existing property rights and uses. Bijou has
concerns about the short and long-term impacts on its decreed water rights and water
delivery operations from the proposed mining operations and reclamation activities,
including impacts to both the quantity and quality of water on the surface and in the
groundwater aquifer. The proposed mining project and any reclamation must not
impact surface flows, intercept groundwater, or otherwise impact the alluvial
hydrology.
This item is of significant importance to Bijou. The property to be mined is located
inediately south and west of Empire Reservoir and south of the Empire Irdet Canal.
Any exposure of tributary groundwater and/or changes to the hydrologic balance in the
area to the south and west of Empire Reservoir could result in physical impacts on
Empire Reservoir (changes in the seepage rate, need to divert and stare additional
water, etc.) or on the Empire Inlet Canal (additional seepage) that could result in a
reduction in the amount of water available to the District for use by District
landowners, increased operations costs to the District and its landowners, and potential
impacts on other water users who divert from the South Platte River (if the District is
required to male additional diversions to make up for losses). Such impacts would be
injurious to Bijou (and others).
Weld County's review and evaluation of the DR Application must take these issues
into account, and if approved, the DR Application must include appropriate terms and
conditions to ensure that the proposed mining operations and reclamation cart and will
be done in a manner that will always be above the regional aquifer water table
elevation, that groundwater and the local aquifer hydrology will not be impacted by the
proposed minus tg operations and reclamation, that Ba can actually fully protect
against disturbances to the prevailing hydrologic balance, and that the proposed ruining
operations and reclamation will not result in physical impact and injury to the District's
and the Company's water rights and operations.
Chris Gathrnan
October 24, 201
Page 4
Wafer Quality Impacts
Bijou also has concerns about water quality impacts to Empire Reservoir from the
proposed minim and reclamation operations. Infiltration of minim process water into
the alluvial aquifer in the area of the proposed minim operations would degrade water
quality in the alluvium to the south and west of Empire Reservoir. Bijou also has
concerns about the proposed onsite septic system and leach field for the ruining
operations, and how this proposed new waste .facility may impact water quality in the
surrounding alluvium. In addition, Bijou has concerns that the additional machinery
that will be used during mining operations and the substantial additional truck traffic at
the mining property will result in a greater risk of spills of hydrocarbons (oil, diesel
fuel, etc.) that could impact water quality through leaching or mixture with stormwater
runoff. Bijou believes the general hydraulic gradient in the area where mining is
proposed is to the north and east* If there are short or long-term water quality impacts
from the project that contaminate water in Empire Reservoir, such impacts would also
be passed on to the Bijou Canal and to the District's landowners and Company
stockholders. Again, this outcome raises the potential for injury to legitimate interests.
Other Irnacts to Em ire Reservoir Wildlife , and Surrounding Land owners
s noted above, Empire reservoir has a decreed water right for recreational and
piscatorial use, and many people utilize the reservoir for summer -time recreation and
camping. The area proposed to be mined and reclaimed is a very sandy location. Based
on experience with both prevailing wind conditions and prior reclamation activities in
the Fort Morgan area, Bijou has concerns about how wind erosion and dust control
during mining and follow-up reclamation will be managed, and whether the proposal
to use a combination of water trucks and seeding will provide viable erosion control at
the mining property on a daily basis for the life of the mining project. Failure to
properly manage the mining site, the various stockpiles, and the proposed reclamation
activities will likely result in high levels of sand being blown east and north into the
Empire Inlet Canal and Empire Reservoir (and perhaps into the Bijou Canal).
In addition, based. on evaluations done during prior work on the dam for Empire
Reservoir, it is Bijou's understanding that Empire Reservoir is a winter roosting area for
bald eagles. Preservation of wildlife and wildlife habitat is an important consideration
for a special use application, and the proposed mining operations and. reclamation
Chris Cathman
October 24, 2019
Page 5
activities could negatively impact the current habitat for these birds. This issue should
be thoroughly reviewed as part of Weld County's evaluation of the UR Application,
and appropriate terms and conditions imposed if the application will be approved.
Bijou also has concerns that the proposed mining operations and reclamation activities
will injure Bijou and the recreational use of Empire Reservoir in the form of air quality,
noise level, nighttime lighting, and traffic impacts. The proposed ruining operations will
result in significant changes to current noise, lighting and traffic conditions in the area
surrounding the mine property, including a very large increase in the number of
vehicles (including heavy semietrucks) traveling on Weld County Load ("VVCR") 91,
and substantial impacts to current nighttime levels. Bijou and its employees currently
use multiple access paints on WCR 91(including access to WCR 91 from Highway 4)
for purposes of water delivery operations and maintenance activities on the Empire
Inlet Canal, the Bijou Canal, and at Empire Reservoir, and for access to an employee
residence at Empire Reservoir. The changes to WCR 91 proposed by BMS and the
additional heavy vehicle traffic that will result from raining operations raise serious
concerns for Bijou as to the health and safety of its employees and others who use the
WCR 91 access points to travel to and from Empire Reservoir.
Regardless of proposed terms and conditions, the requested mining use will impact the
local community and property owners. Although the duration of raining operations is
proposed at 35 years, this is a short period in relation to the historical and ongoing
agricultural use of the Bijou system and the longterm recreation use of Empire
Reservoir. These items must be considered and addressed as part of the review of the
U R Application, with the goal of minimizing any impacts to existing property rights
and land uses, protecting wildlife and environmental values, and promoting the health,
safety, and welfare of the people in this area of Weld County.
WCR 91 Alterations and Need to Crass the Em ire Inlet Canal and the Bijou Canal
One important element of the described mining operations is the proposed paving and
possible reealigmnent of WCR 91 from the nee property north to Highway 34. This
change is required to allow for the substantial additional daily true and car traffic that
will result from the mining operations. WCR 91 crosses both the Empire Inlet Canal and
the Bijou Canal, and Bijou expects that the BMS proposal for this road will require, at
minimum, a change to the bridge structure that currently exists at the location of the
Chris Gathman
October 24, 2019
Rage 6
crossing of the Empire Inlet Canal, to accommodate the heavy trues that will be used
as part of the mining operations. Any such alteration would involve activities within
the canal and along its banks within the easement for the ditch held by the District.
Colorado law has long recognized irrigation ditch operations and the rights that
accompany those operations, including maintenance and repair. These rights are
recognized by both the Colorado Constitution and Colorado statute, and can arise and
exist in several forms, including by written conveyance, prescription, necessity, or
estoppel. See, e.g., Roaring Fork Club, L.P. v. St. jude's Company, 36 E.3d 1229, 1231-1232
(Colo. 2001) ("Roaring Fork"); Lobato v. Taylor, 71 E.3d 938, 950 (Colo. 2002); In re T'onko,
154 P.3d 397, 402-404 (Colo. 2007) ("In re Tonko"); City of Boulder v. F'armer's Reservoir and
Irrigation Company, 214 P 3d 563 (Colo. App. 2009) ("City of Boulder"). The District has
legally established and recognized property rights for the Empire Inlet Canal and its
associated water delivery operations in the form of a dominant easement. Its rights
include the right to access and use the canal and conduct maintenance activities related
to the canal and the District's water delivery operations.
Both the District and the Company have the obligation to deliver water for irrigation
and other purposes to water users under the Bijou system. As part of this process,
maintenance activities conducted by the District have historically included activities
within the banks of the Empire Inlet Canal, and also use of land on each side of the
canal for many purposes/ including but not limited to/ access to the structure, operation
of maintenance machinery, deposit of earth materials and ditch spoils, application of
weed removal chemicals, installation and maintenance of protective fencing, and
structure cleaning activities including burning and tree and shrub removal. The District
spends a significant amount of time, manpower, and other resources each year to
maintain the Empire Inlet Canal to accomplish the delivery of water to users in the
Bijou system and to made sure the canal can be operated in a safe manner. Despite these
ongoing efforts, Bijou also relies on county coning regulations and special use reviews
to help ensure that proposed activities on properties that are adjacent to, or which
would cross, its canals do not create problems that result in: (1) structural damage to the
canal that interferes with the ability to carry and deliver water; (2) inflow of pollutants
or other debris or material that contaminates the grater carried in the canal or otherwise
interferes with water delivery operations; or (3) other interference with water delivery
operations and Bijou's easement rights.
Chris Gathman
October 24, 2019
Page 7
Bijou has discussed the proposed paving/re-alignment concept for WCR 91 with BMS,
and understands that BMS is pursuing this item with weld County separately from the
USR Application. Bijou should be included in that process, and the weld County
Planning and Public Works departments need to communicate about this item. At
minimum, prior to any approval of the USR Application, BMS needs to provide Bijou
with the necessary information (design plans, etc.) concerning the proposed changes to
the bridge crossing over the Empire Inlet Canal so that Bijou can confirm that the
changes will not impact Bijou's water rights, water delivery operations, and other
property rights, and get a written agreement from Bijou for the crossing. In addition,
BMS needs to show that the current bridge at the location of the WCR 91 crossing of the
Bijou Canal can accommodate the increased vehicle traffic and load sizes that are
proposed.
Conclusion
Section 22-1-120 of the Weld County Code recognizes the goal of allowing for the
exercise of private property rights, but subject to the fundamental responsibility to
protect community health, safety, and welfare and existing agricultural businesses and
associated infrastructure. The promotion and protection of the health, safety, and
welfare of county inhabitants and the protection of lands, existing uses, wildlife habitat,
and the environment are also expressed purposes of the zoning regulations set forth in
Chapter 23 of the weld County Code.
The District's primary water service operations provide water for approximately 19,177
acres of irrigated land. The Company's water service operation provide water for over
24,500 acres of irrigated land. As such, the potential injury to Bijou in the form of
physical and financial impacts to the District's and the Company's water rights and
operations could be extensive if the proposed mining operations and reclamation
activities have negative impacts on the amount or quality of water stored in and
released from Empire reservoir, or otherwise delivered in the Bijou Canal. In addition,
the recreational aspects of Empire Reservoir have substantial value that could be
adversely affected and/or injured if the proposed alining operations and reclamation
plan are not properly designed, implemented, and managed.
Bijou is not fundamentally opposed to the concept of a mining operation in the
proposed area, and recognizes that the operations may provide a useful resource for
Chris Gathman
October 24, 2019
Page 8
Weld County. That said, this proposed mining operation will cover a large area in the
immediate vicinity of an established irrigation system, reservoir, and wildlife habitat
and recreation area, and will result in substantial (arid perhaps not yet fully identifiable)
changes to the existing landscape and community.
Under these circumstances, Weld county's special use review and any approval must
ensure that the mining operation can be done 1n a manner that: 1) is consistent with the
Weld counter comprehensive Flan, the Weld county zoning requirements, and
Colorado law; 2) will minimize the impact on surrounding land, existing uses, and local
property interests; ) will protect wildlife and the surrounding environment; and 4) will
promote the health, safety, and welfare of Weld County residents.
Bijou appreciates and supports Weld county's efforts to address all issues raised by
adjacent landowners and other entities in its review of the USIA Application. If any
additional information concerning potential impacts to Bijou or the interests described
in this letter would be helpful, please contact Denice Wagner, Bijou's Administrations
Manager.
Sincerely,
Stuart B. corbridge
Special Legal Counsel for Bijou
SBC/c1 c
Enclosure
cc: Denice Wagner
VRANESH AND RAISCH, ILLP
ATTORNEYS AT LAW
53O3 Spire* Road, Suite 202 Boulder; Colorado 8030'1
Telephone: 303.4 .6151 www.vrlavv.com
May 9, 2019
Hand Delivery
1''r. Peter Hays
Environmental Protection Specialist
Colorado Division of Reclamation, !"Mining
and Safety
Department of Natural Resources
1313 Sherman Street, .00m 215
Denver, CO 80203
RECEIVED
MAY Og 2019
DIVISION OF RECLAMATION
MINING AND SAFETY
Ike. Bijou Irrigation. District and Bijou Irrigation Company Objections and
Comments to Mining Permit Application No. M-2018-057 and Petition.
for Hearing
Dear Peter:
Pursuant to C.R.S. § 34-32.5-114, this letter provides comments/objections of the Bijou.
Irrigation. District "District") and Bijou Irrigation Company ("Company") to the Lost
Creek Mine project and Mining Permit Application. (M-2018-051) that was originally
submitted to your office by Black. Mountain Sand DJ LLc ("BMS") on October 3, 2018,
and also petitions for a hearing on the application. The District and Company
(collectively "Bijou") understand that the pudic comment/objection deadline for this
permit application is May 9, 2019, and this fetter is thus timely submitted.
The District's and theCompany's contact information is as follows:
Bijou. Irrigation. District
Bijou Irrigation Company
cio Ms. L en.ice Wagner, Administrations Manager
15551 Highway 34
P.D. Box 972
Peter Hays
May 9, 2019
Page
Fort Morgan, CO 80701-0972
Bus. Phone: 970-867-2222
'lease note that BMS and Bijou have met to discuss concerns with the referenced permit
application, It is Bijou's understanding that BMS will he submitting a revised permit
application, and that an additional public comment period will be available (see
attached letter from BMS to Bijou dated May , 2019). Bijou appreciates Bl' 's efforts to
date, and anticipates ongoing communications with BMS about the Lost Creek Mine
project and Bijou's concerns.
Bijou has only been aware of the permit application for several weeks, and it currently
has concerns about potential loss or injury to the interests described in this letter. Along
with its technical and legal consultants, Bijou is still in the process of evaluating the
miring project and proposed reclamation plan, information and materials provided to
date, and B I 's proposed operating tens and conditions. This comment letter is
therefore not all inclusive ofBijou's comments and concerns, and. the District and the
Company reserve the right to provide new and.ior supplemental comments and other
supporting information at a future date regarding the Lost Creek Mine project as
described in th,e original permit application or in any revised perrnit application
submitted by HMS,
Bijou Information
The District is a statutory 190,E Act Irrigation District that owns and diverts grater rights
for the benefit of landowners included within. the District's boundaries. The District has
property rights in Empire Reservoir, an unlined storage structure with a capacity of
approximately 37,700 acre-feet, and in the Empire Inlet Canal, which is the ditch used to
deliver water into Empire Reservoir from the South Platte River. The District holds
decreed water storage rights for Empire Reservoir. These rights are used for irrigation
of lands located on the south side of the South Platte liver to the east of Empire
Reservoir. Water is released. from Empire Reservoir into the Bijou Irrigation Company's
delivery canal, and then delivered to the landowner properties. The District also holds a
decreed water right for recreational and piscatorial uses of water stored. in Empire
Reservoir, and those uses are managed and regulated by the District for the benefit of
numerous persons and entities, Empire Reservoir also provides a habitat location for
wildlife and aquatic species and resources. The Company is a mutual ditch company
Peter Hays
May 9, 2019
Page 3
under Colorado law. It owns the Bijou Canal, and also has decreed water rights (both.
direct flow and storage) for irrigation and other uses, including recharge.
tysical Impacts to BFous s Water Ri hts and o erations
The minin.g permit application for the Lost Creek Mine project, as originally submitted,
provides that no groundwater is expected to be encountered during mining and that
B s will "minimize disturbances to the prevailing hydraulic balance of the surface land
and surrounding area." Bijou understands this statement to mean that BMS intends to
address impacts to the pr+evai1in.g hydrologic balance of the affected land and of the
surrounding area., includin.g the quality and quantity of water on the surface an.d in the
groundwater aquifer. Bijou agrees the Lost Creek Mine project and any reclamation
must not impact surface flows, intercept groundwater, or otherwise impact the alluvial
hydrology. However, it does not believe that sufficient data collection and analysis have
been done to date by BMS to establish pre-m.in.in.g baseline aquifer water levels or
hydrology in the proposed mining area. Without that data and. analysis, Bijou and. the
Division of Reclamation, Mining and Safety ("DRMS") cannot fully evaluate the
proposed mining project and reclamation plan and whether the min.in.g and reclamation
can and will be done in a manner that prevents injury to Bijou's water rights, eater
service operations, and other property interests.
This item is of utmost importance to Bijou. Any exposure of tributary groundwater
and/or changes to the hydrologic balance in the area to the south and west of Empire
Reservoir could result in physical impacts on. Empire Reservoir (changes in the seepage
rate, n.eed to divert and store additional water, etc.) or on. the Empire Inlet Canal
(additional seepage) that could result in a reduction in the amount of water mailable to
the District for use by District landowners, increased operations casts to the District and
its landowners, and potential impacts on other water users who divert from the South
Platte River (if the District is required to make additional diversions). Such impacts
would be injurious to Bijou (and others).
Bijou is not clear what level of technical evaluation of the aquifer has been completed by
BMS to date. However, ever, whatever data was reviewed is likely not representative of
aquifer conditions and groundwater elevation levels over a period during which
Empire Reservoir is filled to capacity and then used for irrigation. through an entire
irrigation season. Prior to any mining or reclamation being approved or completed,
Peter Hays
May 9, 2019
Page 4
BMS needs to monitor and better characterize the elevation and movement of
groundwater during at least one year of operations at Empire Reservoir. This analysis
and information is necessary to confirm that the proposed mining operations and
reclamation can and will be done in a manner that will always be above the regional
aquifer water table elevation, that groundwater and the local aquifer hydrology will not
be impacted by the proposed mining operations and reclamation, that BMS can actually
fully protect against disturbances to the prevailing hydrologic balance, and that the
proposed mining operations and reclamation will not result in physical impact and
injury to the District's and theCompany's water rights and operations.
Water + uali Ira • acts
Many of Bijou's water users also receive potable water from. the Dorgan County
Quality Water District ("MCQWD"). Bijou is aware of the concerns raised by MCQW
con.cern.in.g impacts from the m.inin.g project to Hay Gulch and MCQWD's wells, and
shares the concerns about contamination of sole source potable water due to raining
and reclamation.
Bijou also has concerns about water quality impacts to Empire Reservoir from the
proposed mining and reclamation operations. Infiltration of mining process water into
the alluvial aquifer in the .area of the proposed mining operations would degrade water
quality in the alluvium to the south and west of Empire Reservoir. In addition, the
additional machinery that will be used during mining operations and substantial
additional truck traffic will result in a greater risk of spills of hydrocarbons (oil/ diesel
fuel, etc.) that could impact water quality through leaching or mixture with stormwater
runoff. Bijou believes the general hydraulic gradient in the area where mining is
proposed is to the north and east. To date Bijou has not seen any specific evaluation of
how raining operations and proposed reclamation activities could impact water quality
in. the Empire Inlet Canal and. Empire Reservoir. If there are short or lon h -terra water
quality impacts from the project that contaminate water in Empire Reservoir/ such
impacts would also be passed on to the Bijou Canal and to the District's landowners
and Company stockholders. . ain, this outcome raises the potential for injury to
legitimate interests.
Peter lays
May 9, 2019
Page 5
Other Concerns
As noted. above, Empire Reservoir has a decreed water right for recreational and
piscatorial use, and many people utilize the reservoir for summer -time recreation and
camping. The area proposed to be mined and reclaimed is a very sandy location. Based
on experience with both prevailing wind conditions and prior reclamation activities in
the Fort Morgan area, Bijou has concerns about how wind erosion, during mining and
follow-up reclamation will be managed.. Failure to properly manage the mining site and
reclamation activities will likely result in high levels of sand being blown into the
Empire Inlet Canal and Empire Reservoir (and perhaps into the Bijou. Canal) . In
addition, based on evaluations done during prior work on the darn for Empire
Reservoir, it is Bijou's understanding that Empire Reservoir is a winter roosting area for
bald, eagles. The proposed mining operations and reclamation activities could impact
the current habitat for these birds, and this issue should be more thoroughly reviewed.
Bijou also has concerns that the proposed mining operations and reclamation activities
will injure Bijou and the recreational use of Empire Reservoir in the form of air quality,
noise level, nighttime lighting, and traffic impacts. These items sh.ould be considered
and addressed as part of the reclamation plan review and any approval in conjunction
with the general assembly's expressed intent in managing the extraction of materials
and reclamation of mining locations to conserve natural resources, protect wildlife and
aquatic resources, establish agricultural, recreational, residential, and industrial sites,
and protect and promote the health, safety, and general welfare of the people of
Colorado. BMS has not provided sufficient information about the items identified in.
this section for Bijou and surrounding landowners to determine whether mining
operations an.d proposed reclamation activities will negatively impact or injure the
recreational and residential aspects and values of Empire Reservoir and surrounding
lands.
Additional Analysis_ and Needed Information.
Bijou believes that substantial additional information is required before DRMS and
others can fully evaluate the impacts of the proposed. Lost Creek Mine project. To
address physical and water quality impacts, a well mon.itorin.g program should be
Peter Hays
May 9, 2019
Page 6
implemented prior to any mining permit or reclamation plan being approved' to collect
groundwater data in the area of, and adjacent to, the proposed mining footprint, If a
permit is approved, the monitoring should also be done routinely as part of the mining
and reclamation. process. The monitoring plan would include, at minimum, the
following concepts
■ Drill and construct a series of monitoring wells across the entire saturated
thickness of the alluvial aquifer to bedrock to establish baseline conditions and to
monitor seasonal trends in water levels in relation to changes in storage for
Empire Reservoir.
o In concept, a number of monitoring wells would be completed along the
east/northeast boundaries of the mining footprint, generally placed in an
alignment from southeast to northwest with enough offset to facilitate
development of a potentiometric sur face map between Empire Reservoir
and the mining project.
o Monitoring wells would be constructed to facilitate both long -terra
monitorin.g of groundwater levels and for tracking of potential water
quality degradation. (see discussion below).
Establish baseline alluvial groundwater levels and water quality.
• Evaluate local groundwater gradients in relation to Empire Reservoir operations.
■ Cortfirm local bedrock elevations between Empire Reservoir and the proposed
mining footprint.
• Evaluate the potential for seepage from the mine site into Empire Reservoir, and.
from Empire Reservoir to the mine site.
Along with monitoring aquifer water levels, BMS should also be required prior to any
mining permit being approved to conduct water monitoring of the area in which
mining and reclamation is proposed to better determine the local hydraulic gradients,
and to establish ambient groundwater quality. If a permit is approved, BMS should be
required to conduct consistent, long -team monitoring to ensure that the mining
operations and reclamation do not create water quality impacts to the alluvium and to
Empire Reservoir, and to remedy any impacts in a mann.er and timing to prevent injury.
Bijou also believes that more information is needed explaining how stormwater and
1 It is Bijou's understanding that a groundwater monitoring plan is supported by State water
administration and darn safety personnel,
Peter Hays
May 9, 2019
Page 7
mining process water will be utilized, managed{ and disposed of as part of mining
operations and proposed reclamation..
In addition., more information is needed on the following aspects of the proposed
operations:
• How deep will each. "block" of mining be: during ruining, post -mining, and poste
reclamation. What will be deposited in each "block" d.uring mining, post -mining,
and post -reclamation?
• What is the character of the "plant byproduct" that x ll be planed in the "blocks"
after mining, and which will be utilized for "sloping the land" during
reclamation? Where will this "plant byproduct" material be stored and managed
prior to use for reclamation?
• What are the final reclamation grades, and what does "grading to best match
existing conditions" mean when the majority of the material will be removed
from each "block"?
• What is "adequate compaction ... to prevent the leaching of toxic or acid. -
forming minerals"? What toxic and acid-forming materials could begenerated?
How will this compaction impact the hydraulic qualities of the aquifer?
• Will the processing area be lined`
• What chemicals will be used for processing'
• What wastes will be generated during processing, what will the characteristics of
that waste be (including leachability into the underlying soil and ground water),
and where will these wastes go?
• How much water will be needed to process the mined material, how much will
be consumed, and how much will be wasted and where will the waste water go?
• Hoar will secondary products be defined and used, how will they be processed,
what wastes will be generated, .anad how it l those wastes be disposed?
• What is the best management practice for storm. water control, ground water
protection, an.d fugitive dust mitigation., and will such practices actually protect
existing resources, property rights, and operations?
• What Spill Prevention Control igt Countermeasure (SPCC) and. Storm Water
Pollution Prevention Plan (SWIM)) steps will be implemented?
• What will the criteria be for allowing BMS to increase mining anal/or processing
to accommodate "market conditions for industrial sand"?
Peter Hays
May 9, 2019
Page 8
Conclusion
The District's primary grater service operations provide water for approximately 19,177
acres of irrigated land. The Company's water service operations provide water for over
24,500 acres of irrigated land. As such, the potential injury to Bijou in the form of
physical and f inan.oi al impacts to the District's and the Company's water rights and
operations could be extensive if the proposed mining operations and reelamnation
activities have negative impacts on the amount or quality of water stored in and
released from Empire Reservoir, or otherwise delivered in the Bijou. Canal. In addition,
the recreational aspects of Empire Reservoir have substantial value that could be
adversely affected and./or injured if the proposed ruining operations and reclamation
plan are not properly designed, implemented, and managed.,
Based on communications with BMS to date, Bijou understands that BMS intends to
further evaluate many of the items identified in this letter, and will provide a proposal
for addressing then in the revised minin.g permit application that will be submitted to
DRMS . Bijou appreciates the opportunity to provide comments on this matter, and
loops forward to working with. BMS and DRMS as the permitting process proceeds.
As Bijou has not yet seen any revised permit application, and in light of the serious
concerns d.e,scribed in this letter, Bitou also -petitions for a hea.rin.on the,. permit
application.
Sincerely,
Stuart B. Corbrid e
Special Legal Counsel for Bijou
SBC/cmc
Enclosure
cc: Ienice Wagner
BLACK MOUNTAIN SAND
420 Commerce St. Suite 500, Fort Worth, TX 75102
(817) 698-9901
May 3, 2019
Dear Bijou Irrigation [district & Co.;
As you may have herd, Black Mountain has been speaking with local community members about our
state mine permit application. As a result of these recent discussions and meetings, we are in the
process of modifying the state permit application. We believe this modification takes into consideration
the comments we have received and adjusts the operations plan to reflect those comments.
We have provided an official notification to the Colorado Division of Reclamation, Mining, and Safety of
our commitment to modify our mine permit application, which we anticipate will be submitted to the
state in late May or early June of this year. Once the modification is submitted, a new public comment
period will occur, which is anticipated to begin in late June or early July and will be open for
approximately 7 weeps. You will receive a letter from us once the new public comment period is open
and you will be able to review the modified application and provide your comments to both Black
Mountain and the state.
We believe this modified mine plan will reflect our commitment to the local community and we look
forward to continuing to work with you as this application progresses. We welcome the opportunity to
talk should you have questions, so please do not hesitate to contact us at 817-529-7267.
ly,
Chris/0m s
VS'. Operations
VRANESH AND RAISCH, LILP
ATTORNEYS AT LAW
53O3 Spire Road, Suite 202 Boulder; Colorado 80301
Telephone: 303. 3.6151 vvvvw.vrlaw.corn
August 23, 2019
Hand , Delivery
s
Mr. Peter Hays
Environmental Protection specialist
Colorado Division of Reclamation, Mining
and Safety
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, CO 80203
RECEIVED
AUG 2 3 20t9
DWISION OF RECLAMATION
MINAGAND SAFETY
Re: Bijou Irrigation District and. Bijou Irrigation Company Additional
Comments to Mining Kermit Application No. M-2018-051
Dear Deter;
Pursuant toC.R.S. § 34-32.5s-114, this letter provides additional comments/objections of
the Bijou Irrigation District "District") and Bijou Irrigation Company ("Company") to
the Lost Creek Mine project and Milling Permit Application (M-2018-051) that was
originally submitted to your office by Black Mountain San.d ("BMS") on October 3, 2018,
and which was amended pursuant to a submission to your office on June 10, 2019. The
District and Company (collectively "Bijou") understand that the public
comment/objection deadline for this permit application is August 23, 201'x, and this
letter is thus timely submitted.
The District's and the Company's contact information is as follows:
Bijou Irrigation. District
Bijou. Irrigation Company
cio Ms. Device Wagner, Administrations Vlanager
Peter Hays
August 23, 201.'
Page
15551 Highway 34
P.O. Box 972
Fort Morgan, CO 80701-0972
Bus, Phone: 970-867,-2222
Bijou and BMS have been engaged in ongoing discussions about the Lost Creek Mine
project and mining permit application, and Bijou anticipates that this process will
continue. Bijou re -iterates its appreciation for B's efforts to date to meet with Bijou
and. discuss its concerns about this project~
You have on file in this matter a letter from Bijou dated. May 9, 2019, that identified
Bijou's initial concerns with the project and potential areas of injury, based on its review
of the original permit application and discussions with BMS. Bijou continues to have
concerns about the project as described in that letter, but also anticipates that some of
the identified items will be the subject of discussion in other forums (for example,
special use review proceedings before the Feld CountyCommissioners). Bijou reserves
the right to pursue its concerns in those other forums, as appropriate, but also continues
its request that the Division, of Reclamation, Mining and Safety ("DRMS") consider all
issues raised. by Bijou in evaluating the sufficiency of BM 's proposed mining operation
and reclamation. plan.
This letter provides additional comments on items related to the proposed mining
project, reclamation plan, and a.rn.end.+ed permit application that Bijou would like DRMS
to consider as part of its review. Bijou is still in the process of evaluating the mining
project, proposed reclamation plan, and BM 's proposed operating terms and
conditions. To the extent allowed under the DRIVIS comment and review process, the
District and the Company reserve the right to provide additional comments and
information regarding the Lost Creek Kline project and impacts to Bijou d.urin.g that
process.
Proposed. Mppitoripg Well Flan.
BMS has included a proposal in the amended permit application for a monitoring well
plan. Bijou appreciates Bt` 's in.clu.sion of monitoring wells and the groundwater
monitori.n.g plan into its proposed mining operations. However, Bijou has the following
additional comments/concerns. It appears from the amended permit application. that
Peter Hays
August 23, 2019
Page 3
several monitoring wells would be installed during the "construction phase" for the
project. That phase is expected to last from eight to twelve months. In order to ,het a
useful data .set about baseline groundwater levels and gradients and water equality
conditions, the monitoring wells need to be installed at the beginning of the
"construction phase," and data collected at least twice per month for an entire year
before any mining begins.
In. addition., BMS has committed in the amended permit application to keep its m,inin.
and reclamation activities at least two feet above the groundwater table. It appears that
B s will be relying on the data from the monitoring wells to ensure compliance with
this commitment. Under these circumstances, B s sh.ou.ld be required to collect data
from the monitoring wells at least twice per month during the "life of the mine" (as
opposed to the quarterly data collection proposed in the amended permit application).
In addition, as this data collection is being dome to address concerns raised by Bijou
about impacts to itswaterrights, B S should be required to share the collected data
with Bijou. As mining i11 be taping place on a daily basis, collection of data once every
three months is not sufficient. Bijou has suggested to B s that transducers be installed
in the monitoring wells to assist with the data collection process, but is not clear about
BM is position on that stern. A commitment from BMS to operate as described in this
section is a necessary part of any permit approval.
Water Quality Impacts
Bijou raised concerns about potential water quality impacts to Empire Reservoir in its
May 9, 201'x, letter. Recognizing that areas of the mining footprint will be in a state of
flux during the mining operations, Bijou believes that BMS should take measures at the
"permanent" areas of the mine site (parking areas, equipment storage areas, fueling
location.s, etc.) to prevent the introduction of hydrocarbons into the soil. This goal
would likely be best achieved by paving these areas. It is not clear to Bijou from the
amended permit application what ,areas of the Lost Creek Mine ne, site would (or might) be
pared.
Deter Hays
August 23, 2019
Page 4
Reclamation Plan
Based on experience with both prevailing wind conditions and prior reclamation
activities in the Fort Morgan area, Bijou has concerns about the proposed reclamation of
the mining site and how wind erosion will be managed. Bijou has expressed. to B S
concerns that reclamation activities in the area of the mining operations may be difficult
to achieve or will not be effective. Although BMS has proposed a reclamation plan., it
ill not be known until after reclamation activities have been initiated whether the plan
will work as intended. The proposed mining operations are for an extended period. (35
years), so reclamation, failures could have longnterm impacts. Approval of a mining
permit that does not include some type of "reality check" concerning the success of
reclamation operations could result in erasion issues that would create problems for
Bijou and local landowners at Empire Reservoir.
Bijou understands that BMS will be reclaiming a "mined block" immediately following
the raining operations in that bloc.. Under these circumstances, it would be appropriate
to place a limiting condition on any permit approval that would require; 1) BMS to
establish that its reclamation activities on. the .first one or two mining blocks are
successful (as confirmed by DRMS) prier to BMS initiating any further minim on the
remaining blocks; and. 2) that DRMS would need to extend the approval of the minin
permit following its confirmation of the initial reclamation activities before B S could
do any further mining under the permit. To the extent that the reclamation activities are
not working as intended, the permit would be revoked and BMS would need to submit
a new permit application with an amended reclamation plan. that would be subject to
public review and comment.
Bijou would also like to see a condition in any permit approval that requires some type
of immediate protective cover of the topsoil and bac fill piles on the mining site (mats,
etc.) while any proposed vegetative cover is established., to ensure stability of the piles
from wind erosion.. A similar requirement should be evaluated for the "sand product"
pile that will be maintained at the processing plant.
Peter Hays
August 23, 201'
Page
General Permit Review and Approval
.s noted above, Bijou has concerns with the most creek fine project that may be
addressed in ether forum.. Any permit approval must include a requirement that BM
obtain all necessary approvals, permits, etc. before construction and/or milling
operations can begin under the mining and reclamation permit.
As noted, Bijou will continue to communicate with. BMS about this project and Bijou'
con.cern t However, at this time it continues its request for a hearing. Bijou appreciates
DRIVI 's consideration of its comments and concerns. Please contact either me or Denise
Wagner at Bijou if you have questions.
Sincerely,
d
d.9
Stuart B. Corbridge
Special Legal Counsel for Bijou
SBC/cmc
cc: Den.ice Wagner
-me'
Submit by Email
Weld County Referral
September 09, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: BLACK MOUNTAIN LAND COMPANY LP Case Number: USR19-0057
Please Reply By: October 07, 2019 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and
Processing of Minerals (Sand Mining) in the A (Agricultural) Zoned District. Proposed Sand Mine to be
located in Sections 2,3,4, 9, 10, 11 and 14 T3N R61.
Location: East of and adjacent to County Road 91, north of and adjacent to Interstate 76 and 2 miles
south of State Highway 34.
Parcel Number: 122110000004-R5001886 Legal: 3917 E2SE4 SECTION 10 T3N R61W of the 6th
P.M., Weld County, Colorado.
Parcel Number: 122103000007-R4998486 Legal: 3904 E2 SECTION 3 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122103000008-R4998686 Legal: 3905 W2 SECTION 3 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122114000001-R5003786 Legal: 3925 PT N2 SECTION 14 T3N R61W N OF HWY #6
of the 6th P.M., Weld County, Colorado.
Parcel Number: 122110000006-R5002086 Legal: 3919 NW4 SECTION 10 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122110000009-R5002186 Legal: 3918 SW41W2SE4 SECTION 10 T3N R61W of the
6th P.M., Weld County, Colorado.
Parcel Number: 122111000005-R5002786 Legal: 3920 ALL SECTION 11 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122102000003-R4997686 Legal: 3902 SW4 SECTION 2 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122110000005-R5001986 Legal: 3916 NE4 SECTION 10 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
Page 2 of 2
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so tha
we may give full consideration to your recommendaton. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any furth
questions regarding the application, please call the Planner associated with the request. Please note
that new information may be added to applications under review during the review process. If yol
desire to examine or obtain this additional information, please call the Department of Planning
Services.
I
We have reviewed the request and find that it does /does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
n See attached letter.
Signature
Agency
Tom Beach, Fire Chief
Southeast Weld Fire District
Date 9/10/2019
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
From:
To:
Subject:
[date:
Attachments:
Torn Beach
Chris Gathman
Form Returned: REFERRAL FORM (15).pdf
Tuesday, September 101 2019 8:01:41 AM
REFERRAL FORM (15).pdf
Caution: This email originated from outside of weld County Government. Do not click links or open attachments
unless you recognize the sender and knew the content is safe.
Chris,
The fire district has met with the applicant and they let us know the intent and answered all questions at the time of
the m eeting.
Southeast Weld Fire does require a site plan and all building documents for our review process and a fee for review
prier to issuing any building or .site work permits by the county. The must adhere to 2018 International Fire Code as
adapted by the Beard of Southeast Weld Fire District and the Weld County Commissioners.
If you have any questions, contact me.
Thank you
Torn Beach
Fire Chief
Southeast Weld Fire Rescue
95 W. Broadway
Keenesburg, Colorado 80643
(303) ?32-4203 Office
(970) 539-0874 Cell
https://urldefense.proofpoint.com/v2/url?u=http-
3A vvw .seweldfire.org d=DwIFAw&cr=A8J9jb3_ClsSlatombgkDAth—D7yenle_.I Bk9gLiRP'TL6cKBG1-
9cl eL \ dzBA1c,LTOw& n=Sriz-
CapPOH4T,ZhLfkV sg.t1I UY6f8AvAX59'5R aDu 3w&s=_6BGN gzpu AmHyLo 15 5wp4cACkGER-
foILc.1VmwFiAk& e=
HONOR . COURAGE . BRAVERY
"Every accomplishment starts with the decision to try."-- Jahn Fitzgerald Kennedy
This electronic communication (including attachments) is
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From: Hice-Idler - CDOT, Gloria
To: Chris Gathman
Subject: Re: USR19-0057 Referral (Sand Mining Operation) - (does CDOT have any comments)?
Date: Thursday, January 02, 2020 10:45:44 AM
Attachments: image001.png
Cangion: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Chris
f
CDOT is actively working with the applicant on the permit for the improvements at US 34, Maybe make
it a condition that they continue to do so?
Gloria Hice-Idler
Rocks& Consulting
(970) 381-8629
10601 W. 10th Street, Greeley, CO 80634
gloria. hive-idlerstate.co. us I www.codot.gov I www. cotri p.org
On Thu, Jan 2, 2020 at 10:05 AM Chris Gathman <cgathman@weldgov.com> wrote:
Dear Gloria,
Happy 2020! In going through referral responses - I don't recall seeing a referral response
for this one. Does CDOT have any comments?
Thanks,
Chris Gathtnan
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
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have received this communication in error, please immediately notify sender by return e-
mail and destroy the communication. Any disclosure, copying, distribution or the taking of
any action concerning the contents of this communication or any attachments by anyone
other than the named recipient is strictly prohibited.
Submit by Email
Weld County Referral
September 09, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: BLACK MOUNTAIN LAND COMPANY LP Case Number: USR19-0057
Please Reply By: October 07, 2019 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and
Processing of Minerals (Sand Mining) in the A (Agricultural) Zoned District. Proposed Sand Mine to be
located in Sections 2,3,4, 9, 10, 11 and 14 T3N R61.
Location: East of and adjacent to County Road 91, north of and adjacent to Interstate 76 and 2 miles
south of State Highway 34.
Parcel Number: 122110000004-R5001886 Legal: 3917 E2SE4 SECTION 10 T3N R61W of the 6th
P.M., Weld County, Colorado.
Parcel Number: 122103000007-R4998486 Legal: 3904 E2 SECTION 3 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122103000008-R4998686 Legal: 3905 W2 SECTION 3 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122114000001-R5003786 Legal: 3925 PT N2 SECTION 14 T3N R61W N OF HWY #6
of the 6th P.M., Weld County, Colorado.
Parcel Number: 122110000006-R5002086 Legal: 3919 NW4 SECTION 10 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122110000009-R5002186 Legal: 3918 SW41W2SE4 SECTION 10 T3N R61W of the
6th P.M., Weld County, Colorado.
Parcel Number: 122111000005-R5002786 Legal: 3920 ALL SECTION 11 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122102000003-R4997686 Legal: 3902 SW4 SECTION 2 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Parcel Number: 122110000005-R5001986 Legal: 3916 NE4 SECTION 10 T3N R61W of the 6th P.M.,
Weld County, Colorado.
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
Page 2 of 2
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so tha
we may give full consideration to your recommendaton. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any furth
questions regarding the application, please call the Planner associated with the request. Please note
that new information may be added to applications under review during the review process. If yol
desire to examine or obtain this additional information, please call the Department of Planning
Services.
I
We have reviewed the request and find that it does /does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
n See attached letter.
Signature
Agency
Mike Grooms
Colorado Parks and Wildlife
Date 9/20/19
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
COLORADO
Parks and Wildlife
Department of Natural Resources
Fart Collins - Area 4
317 Test Prospect Road
Fort Collins, CO 80526-2003
P 970.472.4300 I F 970.472.4458
October 21, 2019
Michelle Wall
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
970.400.3531
mwall@weldgov.com
Re: Black Mountain Land Company LP, Case No. USR19-0057, at or near Section 2, 3, 4, 9, 10,
11 and 14, Township 3hl, Range 61W, 6th Principle Meridian, in weld County.
Dear Ms. Wall,
Thank you for the opportunity to comment on the Black Mountain Land Company open mining
project.
The mission of Colorado Parks and Wildlife (CPw) is to perpetuate the wildlife resources of the
state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor
recreation opportunities that educate and inspire current and future generations to serve as
active stewards of Colorado's natural resources. Our goal in responding to band use proposals
such as this is to provide complete, consistent, and timely information to all entities who
request comment on matters within our statutory authority.
CPw is in receipt of the above referenced review proposal and is familiar with the site. If the
project proceeds as described in the proposed documents, the CPW recommends that noxious
weeds and re -vegetation management plans are developed and implemented in areas where
there will be ground disturbance duo to mining activities. Noxious weeds reduce property value
and wildlife habitat. With new alining taking place and machinery being transported from one
site to another, it is important to help prevent the spread of noxious weeds.
Equipment should be cleaned periodically to remove weed seeds even if no weeds are
recognized. It is recommended that noxious weeds are actively eradicated. A working weed
management and disturbed area reclamation plan should be developed and implemented
throughout mining, and until all disturbed areas are properly re -vegetated to prevent erosion
and invasion by weeds. The applicant may want to contact the weld County Weed Inspector to
facilitate development of reclamation and weed management plans for the project.
Curing mining operations CPw recommends the removal or leveling of any lame piles of dirt.
Barren mounds of dirt are of little value to wildlife, can be an eyesore on the landscape, and
contribute to the spread of noxious weeds. CPw recommends any piles of dirt on this site to be
Dan Prenzlovr, Director, Colorado Parks ,and wildlife i Parks and Wildlife Commission: Michelle Zimmerman, Chair • Marvin McDaniel, Vice -Chair
James Vigil, Secretary • Taishya Adams • Betsy Blecha * Robert. W. Bray • Charles Garcia # Marie Haskett # Carrie Besnette Hauser • Luke B. Schafer i Eden Vardy
leveled or landscaped to match the surrounding contour of the land. This barren ground should
then be reseeded with native, drought resistant plant species to provide quality habitat for
wildlife and to prevent the spread of noxious weeds. During open pit or open trench mining
operations, CPW recommends backfilling escape ramps in areas where steep slopes occur.
Escape ramps will allow wildlife to safer exit an open pit or trench if they became entrapped.
Once mining is complete, all ponds created by reclamation efforts could potentially have
significant value to wildlife. To maximize this benefit, the cPW recommends that ponds be
designed to include irregular shorelines and one or more islands to provide cover, shelter, and
nesting areas for migratory birds. Islands should be at least 15' x 25' in size for every two surface
acres of water in the pond. Shoreline and island slopes should be graded to a ratio of 4 horizontal
feet to every 1 vertical foot of distance, with some areas having slopes no steeper than 8 horizontal
feet to every 1 vertical foot of distance. Such shallow areas will allow for the establishment of a
variety of aquatic vegetation and invertebrate prey for waterfowl and shorebirds. Shorelines
should be re -vegetated with native aquatic vegetation.
We appreciate being given the opportunity to comment. Please feel free to contact District
Wildlife Manager Mike Grooms at 970.692.4028 or via email at michael.grooms®state.co.us
should you have any questions or require additional information.
Sincerely,
Ty Petersburg
Area Wildlife Manager- Area 4
COLORADO
Division on of Water Resources
Department of Natural. Resources
September 16, 2019
Chris Gat hman, Planner
Weld County Department of Planning Services
Transmission via email: cgathman@weldgov.com
Re: USR19-0057 Black Mountain Sand Weld, LLC - Use by Special Review Permit Application
Part of Sections 2, 10 and 14 and all of Sections 3, 4, 9 and 11, T 3N, R 611111, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Gat hman:
We have received your September 9, 2019 request concerning the above -referenced proposal. According
to the submitted information, the applicant is seeking a Site Specific Development Plan and Use by
Special Review Permit for commercial or industrial use for open mining and processing of minerals (sand
mining) on 2,215.59 acres located in the Agricultural Zone District.
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a),
C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to
county planning directors, this office will only perform a cursory review of the referral information and
provide informal comments. The comments do not address the adequacy of the water supply plan for
this project or the ability of the water supply plan to satisfy any County regulations or requirements. In
addition, the comments provided herein cannot be used to guarantee a viable water supply plan or
infrastructure, the issuance of a well permit, or physical availability of water.
The proposed water supply (Attachment F, pg. 1) is existing wells permitted under permit nos. 31607 -
FP -R, 31608 -FP -R, 31600 -FP -R, 31635 -FP -R, 95O5 -FP -R, and 9596 -FP -R on adjacent properties. The
proposed use for these wells is to serve a sand wash processing plant. Estimated water requirements
provided include: 600-800 GPM for a sand wash processing plant, 58 GPM for dust suppression, and 5,000
gallons required for a washing tank and 3,000 gallons required two to three times per week for a wash
bay. Annual water requirements for this mining operation were not provided. According to the submitted
material (Attachment F, pg. 2), the Applicant intends to apply for a change of use from agricultural use
to multiple uses for permit nos. 31607 -FP -R, 31608 -FP -R, 31609 -FP -R, 31635 -FP -R, 9595 -FP -R, and 9596 -
FP -R.
Well permit no. 31607 -FP -R was issued December 12, 2007 pursuant to § 37-90-111(c), C.R.S. for the
replacement of an existing well, permit nos. 31607 -FP and 50753-F, located in the NE I/4 of the SW V4 of
Section 28, Twp. 3N, Rng. 62W, 6th P.M. The well is permitted for a maximum combined pumping rate
of 1,000 GPM and a combined annual withdrawal of 345 acre-feet per year for irrigation of a 170 -acre
circle with well permit no. 50753-F. When commingled with well permit nos. 31608 -FP -R and 50754-F,
and 31609 -FP -R and 50755-F, this well is limited to a combined annual withdrawal of 1, 035 acre-feet per
year and irrigation of a combined 510 acres. The well, as permitted, cannot be used to serve the mining
operation.
Well permit no. 31608 -FP -R was issued May 18, 2009 pursuant to § 37-90-111(c), C.R.S. for the
replacement of an existing well, permit nos. 31608-FPT and 50754-F, located in the NE 1/4 of the NE V4 of
Section 32, Twp. 3N, Rng. 62W, 6th P.M. The well is permitted for a maximum combined pumping rate
1313 Sherman Street, Room 821, Denver, co 80203 P 303.866.3581 vw ww. col orado. govt water
Jared S. Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/ Director
Case No. USR19-0057
September 16, 2019
Page 2 of 3
of 1,000 GPM and a combined annual withdrawal of 335 acre-feet per year for irrigation of a 166 -acre
circle with well permit no. 50754-F. When commingled with well permit nos. 31607 -FP -R and 50753-F,
and 31609 -FP -R and 50755-F, this well is limited to a combined annual withdrawal of 1,009 acre-feet per
year and irrigation of a combined 499.5 acres. The well, as permitted, cannot be used to serve the
mining operation.
Well permit no. 31600 -FP -R was issued December 17, 2012 pursuant to § 37-90-111(c), C.R.S. for the
replacement of an existing well, permit nos. 31600 -FP and 50755 -FP, located in the SE 1/4 of the SW 1/4 of
Section 32, Twp. 3N, Rng. 62W, Gtr, P.M. The well is permitted for a maximum pumping rate of 1,000
GPM and a combined annual withdrawal of 320 acre-feet per year for irrigation of a 170 -acre circle with
well permit no. 50754-F. When commingled with well permit nos. 31607 -FP -R and 50753-F, and 31608 -
FP -R and 50754-F, this well is limited to a combined annual withdrawal of 1,008.5 acre-feet per year and
irrigation of a 449.4 acres consisting of three areas irrigated by three center pivot sprinklers. The well,
as permitted, cannot be used to serve the mining operation.
Well permit no. 31635 -FP -R was issued October 19, 1092 pursuant to § 37-90-111(c), C.R.S. for the
replacement of an existing well located in the NW % of the NE 1/4 of Section 20, Twp. 3N, Rng. 62W, 6th
P.M. According to an order of the Colorado Ground Water Commission, dated October 19, 1998, the well
is permitted for a maximum pumping rate of 2,000 GPM and for the irrigation of 363 acres. The well, as
permitted, cannot be used to serve the mining operation.
Well permit no. 9595 -FP -R was issued December 21, 2004 pursuant to § 37-90-111(c), C.R.S. for the
replacement of an existing well located in the NE 1/4 of the SW 1/4 of Section 32, Twp. 3N, Rng. 62W, 6th
P.M. The well is permitted for a maximum pumping rate of 1,200 GPM, the annual withdrawal of 350 -
acre feet, and for the irrigation of 140 acres. The well, as permitted, cannot be used to serve the mining
o perat ion.
Well permit no. 9596 -FP -R was issued December 21, 2004 pursuant to § 37-90-111(c), C.R.S. for the
replacement of an existing well located in the SW ',4 of the NE % of Section 32, Twp. 3N, Rng. 62W, 6th
P.M. The well is permitted for a maximum pumping rate of 1,200 GPM, the annual withdrawal of 350 -
acre feet, and for the irrigation of 140 acres. The well, as permitted, cannot be used to serve the mining
o perat ion.
A review of well permits on the property found well permit nos. 28682 and 47637. According to the
submitted material (Attachment D-1, pg. 18), these wells may be used for water level monitoring and
water sampling.
Well permit no. 28682 was issued August 31, 1966 pursuant to § 37-90-105, C. R. S. for a well in the SW 1/4
of the SE I/4 of Section 10, Twp. 3N, Rng. 61W, 6th P.M. for a maximum pumping rate of 20 GPM and stock
use. The well, as permitted, cannot be used to serve the mining operation.
Well permit no. 47637 was issued July 23, 1971 pursuant to § 37-90-105, C.R.S. for a well in the SE % of
the NE % of Section 3, Twp. 3N, Rng. 61W, 6t" P.M. for a maximum pumping rate of 15 GPM and stock
use. The well, as permitted, cannot be used to serve the mining operation.
Potable water, with a proposed required flow rate of 3.6 GPM, for an onsit a drinking water and sanitary
system will be purchased from the Morgan County Quality Water District ("District"). A letter of
commitment of service from the District was not provided.
If the applicant plans to use wells 31607 -FP -R, 31608 -FP -R, 31609 -FP -R, 31635 -FP -R, 9595 -FP -R, 9596 -
FP -R, 28682 and 47637 for commercial or industrial use, a well permit allowing such uses must first be
o btained. Any well permit application to re -permit a well will be evaluated pursuant to applicable
statutes and rules at the time it is submitted.
Case No. USR19-0057
September 16, 2019
Page 3 of 3
According to a drainage report prepared by the Mi I (creek Engineering Company dated June 2019, a
temporary sediment basin during construction, and buffers, berms and settling ponds during operation
will be ut i I ized. The applicant should be aware t hat, unless t hese st ruct ures can meet t he requirements
of a"storm water detention and infiltration facility" as defined in section 3? -92-602(8), Colorado Revised
Statutes, the structures may be subject to administration by this office. The applicant should review
DWR's Administrative Statement Regarding the Management of Storm (water Detention Facilities and
Post-Wildland Fire Facilities in Colorado, to ensure that the notification, construction and operation of
the proposed structures meets statutory and administrative requirements. The applicant is encouraged
to use Colorado Stormwater Detention and Infiltration Facility Notification Portal to meet the notification
requirements, located at htt ps: / 1 maperture.digitaldataservices.com/ gvh/ ?viewer=cswdif. .
If you or the applicant have any questions, please contact wenl i Dickinson at 303-866-3581 x8206.
Sincerely,
Zak_ WM& feral
Keith 'under Horst
Chief of Water Supply, Designated Basins
Ec: Subdivision file 26608
Well permit nos. 31607 -FP -R, 31608 -FP -R, 31809 -FP -R, 31635 -FP -R, 9595 -FP -R, 9596 -FP -R,
28682 and 47637
Hello