HomeMy WebLinkAbout20100930.tiff Esther Gesick
From: Michelle Martin
Sent: Thursday, April 22, 2010 2:57 PM
To: Esther Gesick
Subject: FW: Derr Plt(USR-1660) Balsam Avenue Entrance Culvert Length Reduction
Esther,
Please add to the case file for USR-1660,thanks.
Michelle Martin
Planner III
1555 N 17th Ave
Greeley,CO 80631
mmartin@co.weld.co.us
PHONE: (970)353-6100 x 3540
FAX: (970)304-6498
From: Richard Hastings
Sent: Thursday, April 22, 2010 8:24 AM
To: Michelle Martin
Cc: David Bauer; Donald Carroll; Steve Detienne; Bryan Garcia
Subject: Derr PIt(USR-1660) Balsam Avenue Entrance Culvert Length Reduction
Michelle,
Public Works staff has conducted a field inspection at the above-mentioned site and
determined that a length reduction of the culvert from approximately 140' to 80' is in
order. Maintenance concerns inherent with the 140' length culvert such as, types of
clearing methods and extreme siltation rates at the site were the factors which led to
this recommendation. Staff members met onsite with Doug and Darwin Derr to discuss
the possible culvert length reduction, yesterday (4-21-10).
Let me know if you have any concerns with this recommendation or require further
information.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
1111 H Street (Site Address)
P.O. Box 758 (Mailing Address)
Greeley, CO 80632-0758
Office:(970) 304-6496 EXT. 3727 2010-0930
Cell:(970) 381-3767
l v 5 3 l v 1 PL eR3
• •
Michelle Martin
From: Donald Carroll
Sent: Monday, March 08, 2010 3:46 PM
To: Michelle Martin
Subject: FW: USR-1660 Derr Pit- Plat Maps and Pavement Design Letter
Michelle, Don D. and Josh have both looked at this and the plat drawing appear to be
adequate. Rich is working on the Improvement Agreement, MM check on the grading permit?
Original Message
From: Don Dunker
Sent: Monday, March 08, 2010 10:12 AM
To: Donald Carroll
Subject: RE: USR-1660 Derr Pit - Plat Maps and Pavement Design Letter
Don,
I looked at the drawings and pavement design, it appears fine to me, did you have Josh look
at the pavement design? The Engineer used Darwin to calculate the pavement and base
thickness Josh is very familiar with this program and can see if all is acceptable.
Hope this helps,
Don Dunker
Original Message
From: Donald Carroll
Sent: Monday, March 08, 2010 7:00 AM
To: Don Dunker
Subject: FW: USR-1660 Derr Pit - Plat Maps and Pavement Design Letter
Do the drawing like ok to you.
Original Message
From: JC York [mailto:JCYork@j-tconsulting.com]
Sent: Friday, March 05, 2010 2:59 PM
To: Michelle Martin
Cc: Don Dunker; Donald Carroll; 'DARWIN DERR'
Subject: USR-1660 Derr Pit - Plat Maps and Pavement Design Letter
Michelle -
I am including the updated plat maps and will deliver a hard copy with the redlined copy on
Monday morning. I have also included the pavement design letter as requested by Don Dunker
from a July e-mail attached as well as making the revisions he had on the USR plat maps.
I have cc'd Don Carroll and Don Dunker on this e-mail as well so everything should be
addressed.
aO/D C 23O
6/rao/O 1,Z /2d'3
We have not received a copy of tTie draft improvements agreement toeview with Doug and
Darwin Derr. Please let us know when they may be able to review the agreement such that they
can finalize and get back to the County.
I spoke to Doug today and he would like you to give him a call at your earliest convenience
at 970-590-2067.
Regards,
J.C.
Mr. J.C. York, P.E.
J&T Consulting, Inc.
970-222-9530 (Cell)
303-457-0735 (Office)
303-920-0343 (FAX)
2
?
Michelle Martin
From: Michelle Martin
Sent: Monday, March 08, 2010 1:41 PM
To: 'JC York'
Cc: Donald Carroll
Subject: usr-1660
JC,
I have reviewed the paper plat and it appears all the redlines/corrections outlined by the planning department
have been addressed. At this time the only two remaining conditions are as follows:
1) The applicant shall enter into an Improvements Agreement according to policy regarding collateral for
improvements and post adequate collateral for all required improvements. The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior
to recording the USR plat. The improvements agreement will not be needed if the necessary
improvements are done to the satisfaction of the Department of Public Works and the Department of
Planning Services.
2) The applicant shall address the requirements (concerns) of the Weld County Department of Public
Works, as stated in the referral response dated 6/24/08. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
Let me know if you have any questions.
Michelle Martin
Planner Ill
918 10th Street
Greeley,CO 80631
mmartin@co.weld.co.us
PHONE: (970)353-6100 x 3540
FAX: (970)304-6498
1
•
C- ••n••••N• C�
••• ••, :.2f SAKE
AND ASSOCIATES, INC. 4171e LS'
Gioa/usual Enywrnng Couu4.nn C.. ..Manias Tetley a lnyaaa.
March 5, 2010
Mr. J.C. York, P.E.
J&T Consulting, Inc.
1400 West 122nd Avenue, #120
Westminster, Colorado 80234
Subject Entrance Road Pavement Design
Derr Gravel Pit
Weld County, Colorado
Project No. D10.046
Dear Mr. York:
The Derr Gravel Pit is an aggregate mining facility located in Weld County east of
Greeley, Colorado. An entrance road about 100 feet in length is proposed off of Balsam
Avenue into the facility. This road is proposed to be paved with a composite section consisting
of hot mixed asphalt (HMA) over aggregate base course (ABC). A sample of the subgrade was
collected by others and returned our laboratory for testing. Testing included gradation analysis,
Atterberg limits and R-value. The R-value is used to determine the strength of the subgrade for
pavement thickness design. The results of the testing are shown in Appendix A.
The anticipated traffic will consist primarily of 16-ton and 22-ton gravel trucks. This type
of loading is typical of tandem axle Type 3-heavy loading. The load equivalency factor for Type
3-heavy loading is 1.693. An average of 35 loads of gravel trucks per day is expected. This
equates to an 18-kip equivalent single axial load (ESAL) of 432,560 over twenty years. In
addition to gravel trucks, maintenance vehicles and passenger vehicles will also utilize the
entrance road.
The pavement recommendations contained in this report are based upon the following
design parameters:
• 1993 AASHTO Pavement Design Methodology
• A Design Serviceability Loss of 2
• A Resilient Modulus of 35,100 psi
• Reliability of 95%
7108 South Alton Way. Building B • Centennial. Colorado 80112-2109 • www.jacesare.com
Phone(303)220-0300 • Fax (303)220-0442
• •
Joseph A Cesare and Associates. Inc /Construction Technical Services
• An ESAL of 450,000
• Strength coefficients for
a) HMA of 0.40
b) ABC of0.10
• 20-year service life of pavement
Deviation from the above parameters will require a revision to the recommended
pavement section thicknesses. If the subgrade materials differ from those submitted to our
laboratory, subgrade becomes saturated, the pavement is not properly maintained and/or the
actual traffic is greater than the ESAL used in the design, then the design service life will be
reduced. The recommended pavement sections are shown on Table 1. The design
calculations are shown in Appendix B.
TABLE 1
Pavement Section Thickness Recommendations
Roadway Type 1 HMA(in) 1 ABC (in)
Entrance Road j 3 6
The subgrade should be compacted to a minimum of 95 percent of modified Proctor
density according to ASTM D1557, and within 2 percent of optimum moisture content. The
entire subgrade should be proof-rolled a maximum of 24 hours prior to paving and after any
precipitation events to locate soft spots. Soft spots should be stabilized prior to placement of
pavement sections. Colorado Department of Transportation- (CDOT) Class 5 or 6 ABC
materials should be compacted to a minimum of 95 percent of modified Proctor density
according to ASTM D1557.
HMA shall consist of a Grading S mix with an Noes,„ of 75 and a minimum asphalt binder
grade of PG 64-22. Using a higher performance grade of asphalt (PG 76-28) will improve the
rut resistance of the roadway and should be considered. HMA materials should be placed in
maximum 3-inch thick lifts and compacted to 92 to 96 percent of maximum theoretical density
(ASTM D2041), within 0.3 percent of optimum asphalt content. HMA placement specifications
should follow industry standards as recommended by the National Asphalt Pavement
Association (NAPA) and the Asphalt Institute (Al)
Project No. 010.046 2
1004611r 03.05.10
• •
Joseph A Cesare and Pssociates.Inc./Construction Technical Services
Positive drainage off the paved surfaces should be provided. Construction materials
should be approved prior to use and should be subsequently tested as these materials are
being placed.
If you have any questions or comments in regards to this information, please feel free to
contact our office.
Sincerely,
JOSEPH A. CESARE AND ASSOCIATES, INC./
CONSTRUC1ION;TECHNICAL SERVICES
18.
9 •
Darin R. Duran, P.E.
Principal, Geotechnical Engineering Manager
DRD/ksm
Attachments
Project No O10 046 3
1004611r.03 05 10
APPENDIX A
Testing Results
• 0.
J.A.Cesare&Associates, Inc./Construction Technical Services ' ��`• C.-'•
7108 South Alton Way, Bldg. F3 `'44
,��!�ESARE .�',.S
Centennial,Colorado 80112 "11.1..0;
Phone:(:ill;l 77.0-0300: Fax: (303)220-0442 ..-........ ..
GRADATION-SOIL& AGGREGATE
Project Number: D10.046.J&T Consulting, Inc. Date: 26-Feb-10
Project Name: Derr Gravel Pit Entrance Pavement Technician: mjb/jpc
Lab ID Number: 102120 Reviewer: K.A.Noonan
Sample Location: N/A
Description: SAND.gravelly.brown
AASHTO M 145 Classification: A-1-b Group Index: 0
Unified Soil Classification System
(ASTM D 2487): ( SP-SM ) Poorly graded SAND with silt and gravel
Sieve Analysis(ASTM C 136& AASHTO T 27) [ -#200 Wash (D 1140,C 117 & T 11)
sieve size I accum. mass,g I %retained ] %passing I Criteria dish ID c
2" J dish mass,g 300.6
1.5" 0.0 0.0 100 wet soil bef.wash • dish,g 719.2
1" 2,049.6 9.4 91 dry soil bet wash-+ dish,g 705.7
3/4" 3,056.6 14.1 86 dry soil aft.wash + dish,g 644.0
1/2" 4,414.2 20.3 80 -#200,% 15.2
3/8" 5,162.1 23.8 76 Moisture Content
r#4 7,350.5 33.9 66 dish ID c
#8 mass. of dish,g 300.6
410 61.6 15.2 56 wet soil I dish,g 719.2
#16 91.7 22.6 51 dry soil+dish,g 705.7
#30 1 Moisture Content(%) 3.3
#40 207.9 51.3 32 Atterberg Limits (D 4318 & T 89/T90)
#50 270.2 66.7 22 Liquid Limit(LI.) NV
#100 314.8 77.7 15 Plastic Limit(PL) NP
4200 340.7 84.1 10.5 Plasticity Index(PI) NP
Total 1 405.1 grams LL 1
Criteria: I
Pan 343.6 1 P1
Split Gradation Sample Mass Remarks:
wet dry
Total Mass,g 22,184.7 21.706.3 100.0
t.#4 Mass,g 7,.350.5 7,350.5 33.9
-#4 Mass,g 14,8.i-1.2 _ 14,355.8 66.1
In-Situ Density (Unit Weight)
diameter,in. height (in.) __— sample mass,g
diameter,in. hei_ht(tn. sample moisture content, % 3.3
diameter,in. _ height(in.) dry sample mass,g
diameter,in. height (in.) wet density(unit weight),pcf
avg.diameter _ avg. height _ in-situ dry density(unit weight),pcf
(i ada001 Io:i 20
. • •
J.A.Cesare&Associates,Inc./Construction Technical Services _ }..ri •T C
�
7108 South Alton Way,Bldg. B r
Centennial,Colorado R0112 ;r �r,. ' SARE S
2
Phone:(303)220-()300:Fax:(303)17 L..0-044 ANC)ASSl7CIA7FS. INC:.,........ 'rt1c t,ati
.. .,•I....n..r.. ..bsc., f w.r+iw AYsr.ndr 7__ 41
[ W^pw
R-Value'1'est Graph(AS'I'M I)2844)
Project Number: D10.046,J&T Consulting,Inc. Date: 26-Feb-10
Project Name: Derr Gravel Pit Entrance Pavement Technician: nijb,jpc
Lab ID Number: 102120 Reviewer: K.A. Noonan
Sample Location: N/A
Description: SAND.gravelly.brown
— 100
c i
I _ _ ! ♦i 80
r i
i
.... . . ... ._ _. _ .... _ _.. ._ _ ..._
l 6
a
i I
20
i j I 4-- : .. j
•
i i
I
I
800 700 600 500 400 300 200 100
Exudation Pressure(psi)
R-Value @.Exudation Pressure 300 psi: 80 — ]
Specification:
(*.DCY]'Pavement Desien Manual,_
.luly,2000. Fq.5_2,nage 5-2S.
Test Specimen: 1 2 3
Si-1(R-5)/11.291+3 S,= 9.64 Moisture Content.%: 7.7 7.6 6.6
Mp=101'sl,'A 12)62', IVIR= 35,104 Expansion Pressure,psi: -0.09 -0.06 0.00
Mp = Resilient Modulus,psi Dry Density.pcf: 133.0 132.7 134.1
Si the Soil Support Value R-Value: 79 82 86
R • the R-Value obtained Exudation Pressure,psi: 253 446 749
Note: the R-Value is measured;the MK is an approximation from correlation formulas.
Rev.3.244,5 R-Value Book
• •
APPENDIX B
Design Calculations
• •
1993 AASHTO Pavement Design
I)A R W i n Pavement Design and Analysis System
A Proprietary AASHTOWare
Computer Software Product
Joseph A Cesare and Associate:
7108 South Alton Way.lhiil D
Centennial.CO
Arapahoe
Flexible Structural Design Module
Entrance Road.5
Flexible Structural Design
18 kip ESAL.s Over Initial Performance Period 450.000
Initial Serviceability 4.5
lenninal Serviceability
Reliability Level 95".;,
Overall Standard Deviation 0.44
Roadbed Soil Resilient Modulus 35.100 psi
Stage Constriction 1
Calculated Design Structural Number 1.76 in
Specified Layer Design
Strict Drain
Coef. Coef. Thickness Width Calculated
I a.Kr Material Description Ai } (Di)fin) (PI sNho
Hot Mix Asphalt 0.4 1 3 - L?0
Aggregate Base Course 0.1 1 6 - O.60
Total - - 9.00 - 1.80
Layered Thickness Design
'thickness precision
Strict Drain Spec Min Elastic Calculated
Coif. Coe. Thickness Thickness Modulus Width Thickness Calculated
I aver Material Description (At) (JM) (ni inj tDi)(in) {psi) (ft) (in) SN_Lt)
I oral - - - - - - - - -
'Note:This value is not represented by the inputs or an error occurred in calculation.
Page I
Michelle Martin
From: JC York [JCYork@j-tconsulting.com]
Sent: Friday, February 26, 2010 3:03 PM
To: Michelle Martin
Subject: FW: Derr Pit USR 1660 - Revised USR Plat Maps
Michelle -
Sorry I missed your call earlier. I wanted to forward this message from Don
Dunker back in July and the remaining items that we had to address. I will
give Don Carroll a call in regard to these items as well and he was copied
on this previous e-mail so I believe he knows what is left to do.
I will send you pdfs next week of the revised USR Plat for you to review.
Regards,
J.C.
Mr. J.C. York, P.E.
J&T Consulting, Inc.
970-222-9530 (Cell)
303-457-0735 (Office)
303-920-0343 (FAX)
Original Message
From: Don Dunker [mailto:ddunker@co.weld.co.us]
Sent: Monday, July 20, 2009 9:10 AM
To: JC York
Cc: Michelle Martin; David Bauer; Donald Carroll; Don Dunker
Subject: RE: Derr Pit USR 1660 - Revised USR Plat Maps
JC,
Please add minimum to the 100' dimension for the entrance asphalt length.
Please have the cattle guard arrow point to the cattle guards on the
drawings.
Please specify the Geotechnical Report number and date for the entrance
cross section specifying the road base and asphalt thickness.
These items will complete the Plat drawings for Public Works, other
departments may have comments.
Let me know if you have any questions.
Thanks,
Don Dunker, P.E.
Weld County Public Works
1
• •
Original Message
From: JC York [mailto:JCYork@j-tconsulting.com]
Sent: Wednesday, July 15, 2009 9:47 AM
To: Don Dunker
Cc: Michelle Martin
Subject: Derr Pit USR 1660 - Revised USR Plat Maps
Don -
Attached are the changes we discussed and I have also attached all the USR
Plat Maps. If all the revisions are ok please e-mail Michelle letting her
know that everything is ok. We understand the private and public improvement
agreements have not been finished but wanted to get everything else
completed so the agreements are the only thing left to do prior to being
able to record the USR Plat Maps.
Regards,
J.C.
Mr. J.C. York, P.E.
J&T Consulting, Inc.
970-222-9530 (Cell)
303-457-0735 (Office)
303-920-0343 (FAX)
2
• a
Michelle Martin
From: Michelle Martin
Sent: Friday, February 26, 2010 2:52 PM
To: 'tlbsck@gmail.com'
Cc: 'JC York'
Subject: usr-1660
Doug,
I just wanted to follow up with an email to let you know the following items still need to be addressed before the
plat can be recorded.
1) The applicant shall enter into an Improvements Agreement according to policy regarding collateral for
improvements and post adequate collateral for all required improvements. The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior
to recording the USR plat. The improvements agreement will not be needed if the necessary
improvements are done to the satisfaction of the Department of Public Works and the Department of
Planning Services.
2) The applicant shall address the requirements (concerns) of the Weld County Department of Public
Works, as stated in the referral response dated 6/24/08. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
3) Modifications to the plat
If you have questions please don't hesitate to contact me at the below number.
Michelle Martin
Planner Ill
918 10th Street
Greeley,CO 80631
mmartin@co.weld.co.us
PHONE: (970)353-6100 x 3540
FAX: (970) 304-6498
1
•
•
Michelle Martin
From: Don Dunker
Sent: Monday, July 20, 2009 9:10 AM
To: JC York
Cc: Michelle Martin; David Bauer; Donald Carroll; Don Dunker
Subject: RE: Derr Pit USR 1660 - Revised USR Plat Maps
JC,
Please add minimum to the 100 ' dimension for the entrance asphalt length.
Please have the cattle guard arrow point to the cattle guards on the drawings.
Please specify the Geotechnical Report number and date for the entrance cross section
specifying the road base and asphalt thickness.
These items will complete the Plat drawings for Public Works, other departments may have
comments.
Let me know if you have any questions.
Thanks,
Don Dunker, P.E.
Weld County Public Works
Original Message
From: JC York [mailto:.JCYork@j-tconsulting.com]
Sent: Wednesday, July 15, 2009 9:47 AM
To: Don Dunker
Cc: Michelle Martin
Subject: Derr Pit USR 1660 - Revised USR Plat Maps
Don -
Attached are the changes we discussed and I have also attached all the USR Plat Maps. If
all the revisions are ok please e-mail Michelle letting her know that everything is ok. We
understand the private and public improvement agreements have not been finished but wanted
to get everything else completed so the agreements are the only thing left to do prior to
being able to record the USR Plat Maps.
Regards,
J.C.
Mr. J.C. York, P.E.
J&T Consulting, Inc.
970-222-9530 (Cell)
303-457-0735 (Office)
303-920-0343 (FAX)
1
July 10, 2009
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10th Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC — Landscape/Reclamation Referral
Comments
Dear Ms. Martin:
Dust & Dirt Excavating, LLC has provided an updated plan to add additional evergreen
trees along the west boundary of the property for screening. Since the majority of the
property is within the 100-year regulatory floodplain we will not be installing berms to aid
in screening as these berms would block the floodplain.
In regard to the seed mix for the reclamation of the disturbed areas we received
assistance from the Weld County Soil Conservation District to select a seed mix
appropriate for our site. The seed mix is attached for reference and was approved in our
DRMS M-2008-017 permit.
The reclamation plan for the water storage reservoir at the completion of the mining has
been approved by DRMS and at this time will remain square in nature to maximize
storage capacity for the end user. If the end user wants to change the shape of the
storage reservoir to provide a more undulating shoreline prior to final reclamation a
technical revision will be applied for with the DRMS and the necessary changes can be
incorporated. At this time we do not anticipate that occurring.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
)7///71,‘
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North 1st Avenue Greeley, Colorado 80631
• •
•
WEST GREELEY
arvSERVATrory CONSERVATION DISTRICT
4302 W. 9rh S1. Rd.
Greeley. Colorado 80634-1398
(970) 356-8097 43
'I'(): •l( York, .f& I ('onsulting
FROM: I lien Nelson. Vest ( 'onsenation District
DATE: October 14. 'tlh
til liJ1.("F: Seed mix for sec larn ition
J( York.
!hank you for contacting us regarding a seed mix for a reclaimed gravel cite. I am inchiding
seal mixes.a seed mix file the final reclamation of I0 acres hatted on the species in the original
seed mix Mat \cc recommended. and a mix Iitr our tcntporar topsoil stockpiles. designed to
establish inure rapidly and serve to stahiiiie those stockpile areas.
When reseeding the reclamation sire. it will he important to establish a firm seedbed. Seeding of
these nati%e grasses mac be dune No%em her through April. We recommend doubling the normal
seeding rate for critical area seeding. We also recommend using, %%ccd-free wheat straw mulch
and crimping it in as is recommended for rilsht-r,I-wa. reseeding projects.
Ilie following seed mix is what we recommend for final reseeding. 1 his mix contains
native grasses c%hich should reestablish on \our site.
l\ .r4 i... i ..0.,,• .h,..ilrJ.i.
• •
The following seed mix is recommended fir your temporal-) stockpile sites. These species
should establish more rapidly.
Temporary
Stockpile Grass
Seeding:
WGCD personnel: Ellen Nelson Date: 14-Oct-08
Landowner Dust & Dirt Excavating
Acres to be seeded: 10.00
Seeding Plant on temporary stockpiles of topsoil. Application rate has been doubled
for critical area reclamation. Application rate is for drilling the seed. If seed
is to be broadcast, the application rate must be doubled again.
Seed Recommendations:
Acres to - 1
PLS/Ac to Rate be
-- ..Species PLS. Rates use(100%) %in mix_, (PLS tbfa ) seeded I PLS
Slender wheat grass 11 0/5 5 11.0 25 2 8 10 0 — 27 5
Smooth hromegrass 13 0/65 13 0 30 3 9 10.0.. _ 39 0
Pubescent wheatyras 14 0/90 14.0 30 4 2 10 0 420
Sanddropseed 05/03 05 5 00 100 03
r:restedwheatgrass 60/30 60 10 0fi 100 60
Totals 44 5 100 0 1 1 5 t 0 0 114 8
Additional Seeding Notes:
Seed bed preparation is important The seedbed shall be well settled and
firm, but friable enough that seed can be drilled at-1/2"seeding depth
Soils that have been over-compacted by traffic or equipment, especially
when wet. should be tilled to break up root restricting layers, then harrowed,
rolled or packed to prepare the required firm seedbed.The seedbed shall be
reasonably free of weeds Control competitive stands of weeds that are
present before seeding by shallow tillage or by application of herbicides
labeled for this purpose. Fertilizer is not recommended. Mulch with weed-
free wheat straw and crimp into place. Control weeds by mowing, do not
use herbicides the first year
Please contact us if you have any questions or we can provide any additional intormation.
lalcn Nelson
West Greeley Conservation District
Technician -('onservatitfn & l'.ducation
4 302 W 9th St Rd
(ireelev ('() 80624
el lcn.ne lson'a.wgcd,org
office: (970) 356-8097 x
cell: (170) 5I 8-6867
t4r•.i(perlc� 1 "taw! .f$ 1lrtilnir -- --- .. ._._
Page iu1
'so wr alryr,r logy l�A�•�tljrtnl 1,.1gN111t•1rltrnl�rr�ijm
• •
Final Reclamation
Grass Seedin_y:
I -
WGCD personnel: Ellen Nelson
Date: 14-Oct-08
Landowner Dust & Dirt Excavating
Acres to be seeded: 10 00
Seeding Plant into topsoil. Seed mix is designed for final reseeding of
reclaimed areas. Application rate has been doubled for critical
area reclamation. Application rate is for drilling the seed. If seed
is to be broadcast, the application rate must be doubled again.
Seed Recommendations:
Acres to
PLS/Ac to I Rate be
Species PLS Rates use(100%) f %In mix (PLS Iblac) seeded Total PLS
Swltrhgrass Greenvale,Nebraska --
28 Blackwell,Pathfinder 4 0/2 0 4 0 20 0 8 10 0 8 0
Yellow Indiangrass Lano.Holt.
Cheyenne ntn 10 0 15.0 10 0 10 I t) 10 0 10 0
Sldeoatsgrama 90/45 90 20 18 100 180
Blue grama Hachita.Lovington 3 0/1 5 3 0 10 0 3 10 0 3 0
Western wheatgrass Arriba
Barton.Rosana 16 0/8 0 16 0 25 4 0 10 0 40 0
Sand dropseed 05/03 05 5 00 100 03
I.rtflebuestem 70/35 70 10 0.7 100 70
Totals 49 5 100 0 8 6 10 0 86 3
Additional Seeding Notes:
Seed bed preparation is important. The seedbed should be well settled
and firm, but friable enough that seed can be drilled at -1/2"seeding
depth Soils that have been over-compacted by traffic or equipment,
especially when wet, should be tilled to break up root restricting layers.
then harrowed, rolled or packed to prepare the required firm seedbed. A
fluffy or too soft seedbed will place seeds too deep for proper germination
The seedbed should be reasonably free of weeds Control competitive
stands of weeds that are present before seeding by shallow tillage or by
application of herbicides labeled for this purpose. Fertilizer is not required
Mulch with weed-free wheat straw and crimp into place
%kr.t r,rn•4\ ( umcn.dr,m i)+.h icl _ I'U'(' of
\4-i I4,ilion!i lie. I e sII 'n('t,6O• l(rcnti v,i.,,h clrr
July 10, 2009
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10th Street
Greeley, Colorado 80631
RE: USR-1660 Dust& Dirt Excavating, LLC— Union Colony Fire Protection District
Dear Ms. Martin:
Dust & Dirt Excavating, LLC contacted Ms. Lin Dodge with Weld County in November
2008 to have an address assigned to the mining operation. The address for the mine
operation is 590 North Balsam Avenue, Greeley, Colorado 80631. The address is
posted on the entrance sign to the site. The physical address for the property was
provided to Union Colony Fire District with our application for a diesel fuel tank.
We turned in an application for a permit for our proposed diesel fuel tank which was
approved by the Union Colony Fire District. The permit application and approval is
attached for your reference.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
� �/C/al^ 2C
Darwin Derr
Manager
Enclosures
Broken Arrow Investments, LLC 699 North 1°`Avenue Greeley, Colorado 80631
November 13, 2008
Union Colony Fire/Rescue Authority
Attn: Dale Lyman
919 7th Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC C/O Broken Arrow Investments, LLC — Flammable and
Combustible Tank Installation
Dear Mr. Lyman:
Broken Arrow Investments, LLC would like to apply for a flammable and combustible tank installation for
the proposed mining operation. The tank is a 1,000 gallon metal tank that is manufactured by Eaton Sales
and Service. The tank is housed inside a secondary containment tank. Please refer to the attached
pictures and map for specific details of the tank and containment tank layout. The fuel pump is a Great
Plains Industries brand pump and the model number is M-3025. Below is the address and contact
information for the site operator.
Name of Facility: Derr Pit
Type of Facility: Gravel Mine Operation with fuel storage for refueling equipment
Location: 590 North Balsam Avenue, Greeley, Colorado
Owner Name: Broken Arrow Investments, LLC
Address: 699 North First Avenue
Greeley, Colorado 80631
Phone: (970) 590-1063 or(970) 590-2067
Company Contact: Darwin Derr
Phone: (970) 590-1063
Designated Person Responsible for Spill Prevention: Darwin Derr
Phone: (970) 590-1063
Alternate Person Responsible for Spill Prevention: Doug Derr
Phone: (970) 590-2067
If you need additional information please do not hesitate to contact me at (970) 590-1063 or our
consultant J.C. York with J&T Consulting, Inc. at (303)457-0735.
Cordially,
I;1'J`11771'N-
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North 1st Avenue Greeley,Colorado 80631
- .,
. h 1 _ ..4.1....„.. ...
ft_ .
Ii• I _ . LI „ i
. . , I .
. tAi. .
r .1._ .:,. :)..rs, i
1 , , I_ ,
.. .*
. , frit . it" ...: . s 1
. .. I • ,
1sf
•< ' ttil _all . 1.. 1
•r Att. . 1111 I
' _nor- 7 . alt. r .,�+♦�� .4.?„,_ . + " ..
F it ': I Tank , i
1 �` •, ...igl
I �� - Location -- .:
�. . • Ar
,w• - -A• Idinli c.-
• t i
6 ` Mining Operation
Entrance
ri 'ri- -.- at ril -��r t
it
r h `��.atMws • .jr.- till 24Ns r II• L ��
u.
I I sr-
it • ` ! "~
' Y
M' ` �r sr„.,. ,�\ I 1'f t /F ,� �Al4144 .7.-. .... A •t . I• • 1-- • '''''t M #:lf�. I 1 I I V f 'i :i�'i• �.�r� r .4..• • •T : .-
ib
• 1 ,r ini . „.....i......,r„...f.....„„, „ie.,- _ . 7....„....,°VaLT: "1- • I .4 : it•g•-' •
. ... .
......„, . . .. , %.,,, _ t .
, . ,
t ...t I P P . ,. •-•• ,
I go .v..;six -3/4.- _1/4....,?..„
...r- ._
-- °-* .4 al 1 r . t
• _ t
,_, r 1 - j rA •
1000 500 0 1000
tIIIIJIMMIll 1
SCALE IN FEET
Date: 8/26/2008
JET Consulting, Inc.
BROKEN ARROW INVESTMENTS , LLC Job No: 07123
V DERR GRAVEL PIT Drawn : TPY
1400 W 122nd Avenue - Suite 120 Scale: 1 " = 1000'
Westminster, CO 80234 VICINITY MAP
303.457-0735 Sheet: 1 Of: 1
4 per page Page 1 of 1
•
Derr Pit USR- 1660 uel Tank and Containment
I I omej 'Next Page
` Tr -
} -, it
4No ago► .
`
NOS OKONG .
_
_
HPIM3940.jpgHPIM3941 .jpg
me, _
A
,.;,-,--. L-, In
fir- et ir. ...; ei •err
/ . •
c • 0• ' .1 1 .:II • r
1 li ' s_
el
4:.4r At
HP1M3942.jpg HPIM3943.jpg
12
tile://P:\07123 Derr Gravel Pit\SPCC Plan\Tank and Containment Pics\Derr Pit USR- 1660 Fuel Tank & Co.. . 11 / 13/200
4 per page Page l of 1
41 i
Derr Pit USR- 1660tue1 Tank and Containment
Home);Previous Pagel
. - • --
. 1T Ili9'
•
‘ 0 • . 5cir • , --.-- I ,
i _
t ,
t ¢AtYnctM J���i
A ? I1
r
1 b tiz
N
4a A •
-
HPIM3944 jpg HPIM3945 jpg
ilinallk
OW rot 4•
*kikkedif .. , .
10 Air
gra INS
HP1M3946.jpg
12
file://P:\07123 Derr Gravel Pit\SPCC Plan\Tank and Containment Pics\Derr Pit USR- 1660 Fuel Tank & Co... 11 / 13/200
Union (.'i0)nv Fire/Rescue Authors
1'1 IMP NUMM I?
i IOU l01h N(reei Nulty I(lU - (;reeky. ('O M0t_i/ - 19701 3-50-9.'1()
CONSTRUCTION PERMIT AND INSPECTION RECORD
I'kC.IE i untlt [�
t h:r. 'ay.-it l n,a I.i.i', '1J�,I i ''l'urit y t1 R.it i(�r,l) 570 , r4� �] Aft
f
PRr,.iF-iSIOCA176L DAN ,','.1iI-D
[1;1::1 a iii It h:<,'�iv,ltln:l ..I.i wi'll :'r.unl ; ll;RN t,-.,in 11/ , 1/•- :Cit-
'FRMIT•?+ni OCCUPAUCY IL) PRIM.uT FRAMER
PROTECTED ABOVEGROUND TANK I 1.
ARFA Ik,Vit;vFD SUM*I R t VAI lie DF WURX.
IUISItJFS:,PHOkl FAX HIJMHtk
C UI'il:tt!lvU I ; "
�TR.rF T 4J.,044::S.i Cllr SIAMI /IP TAFF I Cf•re f rIUMBfk
Permit Benchmarks(Items To Be Inspected)
Tanks and Containers -Location Date Rejected BY Date Accepted By.
Tank location(s)as shown on approved plans per All-F• Section 5.
Tanks and Containers -Protection Date Rejected By Date Accepted By., ‘'
Vehicle impact protection as approved per All-F. Section 5
Tanks and Containers Type Date Rejected By.. Oak;Accepted By.
Tank(sl approved type(UL2085)per All-F. Section 4
Marking of Tanks and Containers -704 Sign Date Rejected By. Date Accepted By
-
Tanks and Containers -Identification Date Rejected By Date Accepted' By��
Record tank{sy ID number and Ul.number per All•F. Section 4
Tanks and Containers -Size Date Rejected By.. Date Accepted By.
Tankist size as shown on approved plans per All-F, Section 4
Fire Extinguisher Type and Location Approval Date Rejected By Date Accepted By...•
, - A
POST THIS PERMIT ON JOB SITE
111111111111111011111111111111111111111 niF
- • • GESRAL INSPECTION RIBS
General: The following is information on Union Colony Fire/Rescue Authority requirements for calling to request an
inspection and items required to be available to the inspectors before they can conduct an inspection on your project.
Work: All work shall be in compliance with approved plans; however, as a result of an inspection, conditions may be
found that were not apparent on the plans at the time of review. If such conditions are found, corrections shall be made to
bring the project into compliance with the applicable code.
Violations: Approval as the result of an inspection shall not be construed to be approval of a violation of any provision of
any code or of any other ordinance of the jurisdiction in which the work is being performed. Inspections presuming to give
authority to violate or cancel the provisions of the fire code or of any other ordinance of the jurisdiction in which the work is
being performed shall not be valid.
Required Inspections: The items listed above are items requiring inspection. This list is only a preliminary list and may
be subject to change
Requesting an Inspection: All requests for inspection are required to be called in 48 hours prior to the day of the
inspection. Please call (970) 350-9510 to schedule an inspection.
We suggest that you do no use a cell phone to make the call because we won't be able to respond to your
request if any of the information is lost because of a bad connection or interference.
Plans and Record Card Availability: The contractor requesting the inspection shall have available to the inspector the
plans approved and stamped by the fire district and the fire district inspection record card. No inspection will be made
without the approved plans and the inspection card on site and available to the inspector.
After Hours Inspections: An after hours additional inspection fee of$100.00 for each inspector required for the first 2
hours- After the first 2 hours, the charge is$50.00 per hour per each inspector. This fee is required to be paid for
inspections after normal Community Services Division business hours (0800-1700). This fee will be billed to the holder of
the permit after each inspection.
Re-inspection Fee: The re-inspection fee shall be $50.00 per hour. A re-inspection lee may be assessed for each
re-inspection when: a) an inspection is called and work is not complete when the inspector arrives, b)
corrections called out on a previous inspection are not made, and/or c) a contractor does not have the permit
card or the approved plans are not available to the inspector.
Other Permits Required This system may be only part of the total project. Other permits may be required prior to final
project approval.
Final Inspection: A final inspection by the fire department shall be made and all violations must be corrected prior to
occupancy or use of any portion thereof.
INSPECTOR COMMENTS:
POST THIS PERMIT ON JOB SITE
PFR2;22fMASER 1111111111111111111111111111111111111111111 PAGE 0Fer ,I
• • Page 1of1
Michelle Martin
From: Michelle Martin
Sent: Tuesday, June 16, 2009 1:48 PM
To: 'JC York'
Subject: USR-1660
JC,
A copy of the redlines will be ready for pick up in the Greeley office tomorrow. In addition to the corrections to the
plat the applicant still needs to address the following conditions outlined in the resolution: K, M, N, P. Let me
know if you have any questions.
Michelle Martin
Planner II
4209 CR 24.5
Longmont,CO 80504
mmartin@co.weld.co.us
PHONE: (720)652-4210 x 8730
FAX: (720)652-4211
Please tell us how we're doing: lutp:/:\N ww.co.weld.cc ut departments-planning comp improve comments.cfin
6/16/2009
1111111111111111111111111111 III 1111111 III 11111 IIII IIII
3619655 04/30/2009 12:02P Weld County, CO
1 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
65 SURFACE USE AGREEMENT
This Surface Use Agreement ("Agreement") is dated and made effective this i8 day
of March, 2009, and is between Kerr-McGee Oil & Gas Onshore LP ("KMG") with an address
of 1099 18th Street, Suite 1800, Denver, CO 80202, and Broken Arrow Investments, LLC, a
Colorado limited liability company, with an address of 699 North 1"Avenue, Greeley, Colorado
80631 ("Gravel Company") and Dust & Dirt Excavating, LLC, a Colorado limited liability
company, with an address of 699 North 1st Avenue, Greeley, Colorado 80631 ("Surface
Owner").
Whereas:
A. Surface Owner owns the surface estate of that certain tract of real property located
in unincorporated Weld County, Colorado more particularly described in Exhibit A
hereto (hereinafter the "Property")
B. Gravel Company is the current lessee of a sand, gravel and aggregate mining lease
covering the Property;
C. Surface ownership of the Property is subject to the rights of the oil and gas
mineral leasehold estate, a portion of which is now owned by KMG, which lease is
described on Exhibit B hereto.;
D. Gravel Company has received a mining permit from the State of Colorado
Division of Minerals & Geology ("DMG") for the purpose of operating an aggregate
mining facility known as the Den Pit.
E. KMG currently operates one well on the Property (Davis Farms #7-4), (the
"Existing Well") generally located in the center of the SW/4NE/4 of Section 4,
Township 5 North, Range 65 West, and has the right to develop its oil and gas leasehold
estate by drilling additional wells (the "Future Wells" and together with the Existing
Well,the"Wells")on the Property; and
F. This Agreement sets forth .the parties' rights and obligations regarding the
relationship between the development of the Property by the Surface Owner, Gravel
Company and KMG's operation and development of its oil and gas leasehold estate
underlying the Property, such rights and obligations to be binding upon the parties'
successors and assigns.
Now Therefore:
In consideration of the mutual covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
II, I,II,III1I1IIII,„II II„I,I
AFTER RECORDING RETURN
TO:MELISSA HENCMANN
KERR-MCGEE OIL&GAS ONSHORE LP
109918TH STREET, SUITE 1800
DENVER.CO 80202
• HBO 11111 1111 111111
3619655 04/30/2009 12:02P Weld County, CO
2 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
1. AREAS RESERVED FOR THE EXISTING WELL AND FUTURE WELLS; WELL
LOCATIONS.
Gravel Company shall set aside and provide to KMG that portion of the Property
hereinafter referred to as the, "Existing Oil and Gas Operations Area", such area being
depicted on Exhibits C, D-1 and D-2 attached hereto. The Existing Oil and Gas Operations
Area is to be made available to KMG in its present condition for any operations conducted by
KMG in connection with the Existing Well, including, but not limited to, drilling and production
activities, workovers, well deepenings, recompletions, fracturing and a replacement well. The
Existing Well will be limited to the Oil and Gas Operations Area shown on Exhibit C, D-1 and
D-2, unless this Agreement is amended by consent of Gravel Company and KMG. Except for
the Existing and Future Oil and Gas Operations Areas, and the access roads and Petroleum
Pipeline Easements (as defined below) as provided in this Agreement, KMG shall not occupy the
surface of the Property except in the event of an emergency or for reasonable incidental,
temporary and non-damaging activities, for which KMG shall be strictly and solely responsible
for any damages that may occur to the Property.
KMG shall have the right to conduct drilling operations for Future Wells within the
"Future Oil and Gas Drilling Operations Area", such area being depicted on Exhibit D-1
hereto, including horizontal and directional wells that produce from and drain the Property
and/or lands other than the Property. At the conclusion of the drilling activites within the Future
Oil and Gas Drilling Operations Area, KMG shall limit its activities related to future oil and gas
production to the "Future Oil and Gas Operations Area", as depicted on Exhibit D-2 As part of
the consideration for this Agreement, Gravel Company hereby waives its right to, and covenants
that it shall not protest or object to any such exception location or application for same by KMG,
so long as any such activity is consistent with this Agreement and so long as such activities relate
only to the production of oil and gas from the mineral estate associated with lease listed on
Exhibit B to include any extension, renewal or ratification thereof, and leases pooled therewith,
and so long as KMG is not in breach of this Agreement. KMG shall not otherwise have the right
to drill new wells on the Property. In no event shall Gravel Company stockpile mined materials
within a radius of 150 feet of the Existing Well or any Future Well.
2. SETBACK REQUIREMENTS AND EXTRACTION IN VICINITY OF OIL AND
GAS OPERATIONS AREAS.
Gravel Company reserves the option to mine the gravel within each of the Oil and Gas
Operations Areas in accordance with the terms of this Agreement but only to the limits permitted
under its permit from the DMG. In the event that Gravel Company elects to mine the gravel in
the Existing Oil and Gas Operations Area or the Future Oil and Gas Operation Areas, Gravel
Company shall notify KMG in writing 60 days prior to commencing mining operations within
the Existing Oil and Gas Operations Area or the Future Oil and Gas Operation Areas and shall
first place temporary concrete barriers around the Existing Well and Future Wells, if any, as
directed by KMG prior to commencing any mining operations on the Property. Gravel Company
shall conduct its mining operations in the Existing Oil and Gas Operations Area or the Future Oil
and Gas Operation Areas as quickly as reasonably practicable. Gravel Company shall conduct
its mining within the Existing Oil and Gas Operations Area and the Future Oil and Gas
Operations Areas by excavating pie shaped wedges of gravel and aggregate and thereafter
11111111111111111111111111111 III 1111111 III 1111111111111
3619655 04/30/2009 12:02P Weld County, CO
3 of 28 R 141.00 13 0.00 Steve Moreno Clerk& Recorder
backfilling and compacting the area with overburden or other suitable material prior to
excavating the next pie shaped area; provided, however, that in no event shall Gravel Company
mine within 90 feet of any Existing Well, Future Wells or any tanks, separators, dehydrators,
compressors and other equipment ("Production Facilities") and provided further that in no event
shall more than one quarter circle segment of the pie shape be excavated at any one time.
Excavation in the Existing Oil and Gas Operations Area and the Future Oil and Gas Operations
Areas will be coordinated with KMG in a mutually acceptable manner so as to avoid conflict
with KMG's oil and gas operations and to ensure there is an appropriate safety plan and interim
emergency procedures. Gravel Company will bear all costs associated with the mining
operation, including permanent or temporary rerouting and replacement of access roads, and
flowlines and utility lines in order to prevent unnecessary interruption of production from any
affected Existing Well or Future Wells, if any. In addition, Gravel Company and its successor
and assigns shall indemnify and hold KMG harmless from any and all damage, loss and liability,
including attorney's fees, incurred as a result of Gravel Company's operations in the Existing Oil
and Gas Operations Area or the Future Oil and Gas Operation Areas.
With the single exception of a slurry wall, Gravel Company will not locate any lot line,
building, or structure within either the Existing or Future Oil and Gas Operations Areas. Gravel
Company's slurry wall encroachment into the Existing or Future Oil and Gas Operations Area
shall not interfere with present or future KMG operations. Gravel Company will give ninety(90)
days notice prior to commencing operations in the Existing or Future Oil and Gas Operations
Area. Gravel Company shall complete such operations within fourteen days of commencement.
Gravel Company understands and acknowledges that the COGCC has rules and regulations that
apply to the distance between a wellhead and public roads, Production Facilities, building units
and surface property lines, among other things. In order to give full effect to the purposes of this
Agreement, Gravel Company hereby waives its right to object to the location of any of KMG's
facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they
may be amended from time to time. Gravel Company further and similarly waives its right to
object to any other state or local setback requirements or other requirements or regulations that
are or become inconsistent with this Agreement or that would prohibit or interfere with the rights
of KMG, its successors and assigns, to explore for and produce the oil and gas in accordance
with this Agreement. KMG or its successors and assigns may cite the waiver in this paragraph in
order to obtain a location exception or variance under COGCC rules or from any other state or
local governmental body having jurisdiction. Gravel Company agrees not to object to the use of
the surface in the Existing Oil and Gas Operations Area and any Future Oil and Gas Operation
Areas so long as such use is consistent with this Agreement and so long as any such activity is
consistent with this Agreement and so long as such activities relate only to the production of oil
and gas from the mineral estate associated with lease listed in Exhibit B to include any
extensions, renewals or ratifications thereof and lands pooled therewith. Gravel Company will
provide KMG or its successors and assigns with whatever written support they may reasonably
require to obtain permits from the COGCC or any local jurisdiction.
3. GATHERING LINES AND FLOWLINES.
Subject to the limitations hereinafter described, KMG has a continuing right and
entitlement to own, operate, maintain, repair and replace all existing and future flowlines,
111101 11111 111111 11111 1111 1111111111111 BONI
3619655 04/30/2009 12:02P Weld County, CO
4 of 26 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
gathering lines and other pipelines that may be necessary or convenient to its operations on the
Property ("Pipelines"). The construction and burying of additional Pipelines shall be at the sole
cost and expense of KMG or its gas purchaser.
Although this Agreement is intended to confine the placement of the Pipelines to certain
specified locations within the Property, nothing herein shall be construed as a limitation on
KMG's ultimate right to make all necessary well connections to any Existing or Future Wells, so
long as such connections are made consistent with this Agreement. Specific locations have been
designated on Exhibits C, D-I and D-2 for the location of the Pipelines ("Petroleum Pipeline
Easements"). The Petroleum Pipeline Easements shall be fifty feet (50') in width during
construction, installation, maintenance, repair or relocation operations and otherwise reduced to
twenty feet (20') in width for post-construction usage, being ten feet (10) on either side of the
pipeline.
Gravel Company's development plans anticipate that roadways will cross over
Existing and Future Pipelines. Gravel Company agrees to abide by the General Guidelines for
Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr -
McGee Rocky Mountain Corporation Pipelines and Related Facilities revised April 11,
2006 (Exhibit E). In particular, Gravel Company shall maintain a minimum of 48 inches and
not more than 72 inches of cover over all Pipelines during any of Gravel Company's operations
on the Property. When crossing KMG pipelines with trucks and lighter equipment, Gravel
Company will maintain a minimum of two feet and a maximum of six feet of dirt coverage, to
the existing cover over the pipeline. KMG may install and maintain markers on its Petroleum
Pipeline Easements. KMG shall mark its flowlines at all locations reasonably requested by
Gravel Company. Future Pipelines shall be located within the Petroleum Pipeline Easements
unless otherwise agreed upon between Surface Owner, Gravel Company and KMG. KMG
acknowledges that the Petroleum Pipeline Easements will be non-exclusive and agrees that it
will not object to its concurrent use by other oil and gas operators or utilities, as Surface Owner
may grant from time to time, so long as such other parties comply with the requirements of
Exhibit E.
Gravel Company will not allow any extraction to occur, commencing at the surface of the
original ground, closer than 25 feet from any Pipeline of KMG unless a soils stability report
prepared by an engineer licensed in the state of Colorado indicates that a lesser set back will be
adequate for preservation of the integrity of said pipeline and provided that upon completion of
such extraction Gravel Company shall back fill and level the area within 25 feet from any
Pipeline. Notwithstanding anything herein to the contrary, in no event shall Gravel Company
allow any extraction to occur, commencing at the surface of the original ground, closer than 15
feet from any Pipeline without KMG's prior written approval.
111111 1111 111111 DU NIII III 1111111 III 11111 IIII IIII
3619655 04/30/2009 12:02P Weld County, CO
5 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
Gravel Company shall not allow any stockpile of soil to be placed over any Pipeline of
KMG.
When crossing KMG Pipelines with heavy equipment, like earth moving equipment,
Gravel Company will maintain a minimum of four feet and a maximum of six feet of dirt
coverage, in addition to the existing cover over the pipeline. When crossing KMG pipelines with
trucks and lighter equipment, Gravel Company will maintain a minimum of two feet and a
maximum of six feet of dirt coverage,to the existing cover over the pipeline.
The depth of cover over the KMG Pipelines shall not be reduced or drainage over KMG's
pipeline altered without KMG's written approval.
Any utility crossing must be a minimum of 18" inches vertical separation from KMG
Pipelines. Parallel utilities must maintain a minimum of ten-foot separation, unless KMG grants
a lesser distance of separation which grant shall not be unreasonably withheld. It would not be
unreasonable to withhold such consent due to reasonable safety or operational concerns. Gravel
Company will request that all utility companies contact KMG prior to laying lines parallel to
KMG pipelines.
Construction of any permanent structure within KMG's Petroleum Pipeline Easement is
not permitted. Planting of trees and shrubs is not permitted on KMG's Petroleum Pipeline
Easement.
4. ACCESS.
a. Gravel Company shall provide KMG with continuous access to the Existing Oil
and Gas Operations Area, the Future Oil and Gas Drilling Operation Areas, and the Future Oil
and Gas Operation Areas and the Petroleum Pipeline Easements. The access roads to be used by
KMG will either be those roads that currently are in place or those that are anticipated to be
constructed by KMG. KMG agrees to access the Property according to the routes depicted and
described on the attached Exhibit C, D-I and D-2. When crossing irrigation structures with
heavy equipment, like earth moving equipment, KMG will maintain a minimum of four feet and
a maximum of six feet of dirt coverage, in addition to the existing cover over the structures.
When crossing irrigation structures with trucks and lighter equipment, KMG will maintain a
minimum of two feet and a maximum of six feet of dirt coverage, to the existing cover over the
structures.
Access to the Existing Oil and Gas Operations Area and the Future Oil and Gas
Operations Areas may be changed by mutual agreement of Gravel Company and KMG. Gravel
Company shall have the right to use any access roads.
Gravel Company shall maintain and keep any access jointly used by Gravel Company
and KMG in a condition and state of repair that serves the needs of Gravel Company. In the
event such joint access roads need to be improved in order to serve the needs of KMG, the
parties agree to coordinate any such improvements as may be required by KMG in order to
conduct its operations, provided that any such improvements shall be at KMG's sole cost and
expense. Neither KMG, nor Gravel Company shall unreasonably interfere with the use by the
other party of access roads.
•
11111111111111111111111111111 III 1111111 III 11111 lilt VIII
3619655 04/3012009 12:02P Weld County, CO
6 of 28 9 141.00 D 0.00 Steve Moreno Clerk& Recorder
5. BATTERIES AND EQUIPMENT.
KMG shall have the right to locate, build, repair and maintain Production Facilities
reasonably appropriate for the operation and production of the Existing Well or any Future Wells
at the locations depicted on Exhibit D-2, and shall relate only to the production of oil and gas
from the mineral estate associated with lease set forth in Exhibit B, any extensions, renewals or
ratifications thereof and leases pooled therewith.
With respect to KMG's Production Facilities other than flowlines or pipelines:
a. KMG shall install and maintain, at its sole cost and expense, all fences
around the Existing Well and any Future Wells in compliance with the Rules and
Regulations of the COGCC;
b- KMG shall install and maintain, at its sole cost and expense, all gates and
locks reasonably necessary for the security of any wells or facilities in the Oil and Gas
Operations Areas. Such gates and locks shall be the standard gates and locks used by
KMG;
c. KMG shall paint any production facilities for any Wells, including
wellhead guards, with paint that is approved by the COGCC; and
Gravel Company shall not inhibit KMG's access to the Oil and Gas Operations Areas or
inhibit KMG's operations within the Oil and Gas Operations Areas or in the vicinity of the
Production Facilities by landscaping or other improvements, unless otherwise agreed upon
between Gravel Company and KMG. Gravel Company shall place temporary concrete barriers
around all Production Facilities as directed by KMG before any mining operations commence.
In no event shall Gravel Company mine within 90 feet of any Production Facilities or stockpile
mined materials within a radius of 50 feet of any Production Facilties.
6. NOTICE OF FUTURE OPERATIONS.
KMG shall provide at least seven (7) days prior written notice to Gravel Company of any
operations in connection with the reworking, fracturing, deepening or recompletion operation on
an Existing Well or Future Well; provided, however, that KMG shall provide at least thirty (30)
days prior written notice to Gravel Company of the initial drilling of any Future Well.
Regardless of the foregoing notice requirements, KMG shall have immediate access to any of its
facilities in the event of an emergency.
After receipt of the above notice, but not less than twenty (20) working days prior to
KMG's mobilization on the applicable Existing Oil and Gas Operations Area and/or the Future
Oil and Gas Operation Areas, either KMG or Gravel Company may request an on-site meeting.
The purpose of the meeting shall be to inform Gravel Company of the expected activity and to
•
HBO 11111 111111 1111 1111 III 111111 III I 1111111111101
3619666 04/30/2009 12:02P Weld County, CO
7 of 28 R 141.00 D 0.00 Steve Moreno Clerk 8 Recorder
coordinate site access, hazards, barricades, restoration or any other issues that affect the use and
safety of Gravel Company's development.
'7. COMPLIANCE WITH SAFETY REGULATIONS .
KMG understands that Gravel Company's surface mining operations on the Property are
subject to certain OSHA regulations. KMG agrees that while conducting operations on Property,
it will comply with such reasonable OSHA requirements which Gravel Company notifies KMG
are applicable to KMG's operations on the Property. KMG also agrees to inform its contractors
and subcontractors about such requirement.
8. DRILLING AND COMPLETION OPERATIONS.
KMG shall endeavor to diligently pursue any drilling operations to minimize the total
time period and to avoid rig relocations or startup during the course of drilling. Gravel Company
waives any objections to continuous(i.e., 24-hour) drilling operations.
8. GOVERNMENTAL PROCEEDINGS.
Gravel Company shall not oppose KMG in any agency or governmental proceedings,
including but not limited to the COGCC, Weld County, or other governing body proceedings,
related to KMG's operations on the Property, including but not limited to drilling, workovers,
well deepenings and recompletions, provided that KMG's position in such proceedings is
consistent with this Agreement and so long as KMG is not in breach of this Agreement.
10. DEVELOPMENT PLANS.
Gravel Company has provided herewith copies to KMG of its Mining Permit, and the
engineering structural report prepared in connection with the Mining Permit (the"Plans"). KMG
acknowledges receipt of said Plans and has no objections to said Plans as approved by the DMG.
This acceptance by KMG in no way waives KMG's rights in this Agreement or obligations of
Gravel Company under the terms of this Agreement. KMG shall not oppose Gravel Company
before any agency or governmental proceeding if it's proposed or actual activities are not
inconsistent with the terms of this Agreement and so long as Gravel Company is not in breach of
this Agreement.
11. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY.
a. No party shall be liable for, or be required to pay for, special, punitive,
exemplary, incidental, consequential or indirect damages to any other party for activities
undertaken within the scope of this agreement;
b. Except as to claims arising out of pollution or environmental damage
(which claims are governed by Section 12 below) or out of other provisions of this
Agreement (which claims shall be governed by the terms of this Agreement), each party
shall be and remain responsible for its own liability for all losses, claims, damages,
demands, suits, causes of action, fines, penalties, expenses and liabilities, including
IIIIIIIIR111111IIIIIIIIIIIt 11111111111utiff
3619855 04/30/2009 12:02P Weld County, CO
8 of 28 R 141.0 D 0.00 Steve Moreno Clerk& Recorder
without limitation attorneys' fees and other costs associated therewith (all of the aforesaid
herein referred to collectively as "Claims"), arising out of or connected with each such
party's ownership or operations on the Property, no matter when asserted, subject to
applicable statutes of limitations. Each such party shall release, defend, indemnify and
hold the other parties, their officers, directors, employees, successors and assigns,
harmless against all such Claims. This provision does not, and shall not be construed to,
create any rights in persons or entities not a party to this Agreement, nor does it create
any separate rights in parties to this Agreement other than the right to be indemnified for
Claims as provided herein;
c. Upon the assignment or conveyance of a party's entire interest in the
Property, that party shall be released from its indemnification in Sectionl l.b. above, for
all actions or occurrences happening after such assignment or conveyance.
12. ENVIRONMENTAL INDEMNITY.
The provisions of Section 11 above, except for Section 11. a., shall not apply to any
environmental matters. which shall be governed exclusively by the following, subject to the
limitations of Section 11.a. above:
a. "Environmental Claims" shall mean all Claims asserted by
governmental bodies or other third parties for pollution or environmental damage of any
kind, arising from operations on or ownership of the Property or ownership of the oil and
gas leasehold interest, whichever is applicable, and all cleanup and remediation costs,
fines and penalties associated therewith, including but not limited to any Claims arising
from Environmental Laws or relating to asbestos or to naturally occurring radioactive
material. Environmental Claims shall not include the costs of any remediation undertaken
voluntarily by any party, unless such remediation is performed under the imminent threat
of a Claim by a governmental body or other third party;
b. "Environmental Laws" shall mean any laws, regulations, rules,
ordinances, or order of any governmental authority(ies), which relate to or otherwise
impose liability, obligation, or standards with respect to pollution or the protection of the
environment, including but not limited to, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean
Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§
1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the
Clean Air Act, and the Toxic Substances Control Act(15 U.S.C. §§ 2601-2629); and
c. Environmental Indemnification. KMG shall protect, indemnify, and hold
harmless Gravel Company, homeowners association and any lot owner who purchases a
lot from Gravel Company or Surface Owner from any Environmental Claims relating to-
the Property or oil and gas leasehold thereunder that arise out of KMG's ownership and
operation of the Oil and Gas Operations Areas and it's ownership and operation of its
Petroleum Pipeline Easements or rights-of-way on the Property. Gravel Company shall
fully protect, defend, indemnify and hold harmless KMG from any and all Environmental
111111111111110111 11iu1111111111 11111111
•
11116151lii309 of 28 R iz00 D 0 12:02P
Weld Coun
Clerk& Recorder
Claims relating to the Property that arise out of Gravel Company's development of the
Property.
13. EXCLUSION FROM INDEMNITIES.
The indemnities of the parties herein shall not cover or include any amounts which the
indemnified party is actually reimbursed by any third party. The indemnities in this Agreement
shall not relieve any party from any obligations to third parties.
14. NOTICE OF CLAIM FOR INDEMNIFICATION.
If a Claim is asserted against a party for which the other party would be liable under the
provisions of Section 11 or 12 above, it is a condition precedent to the indemnifying party's
obligations hereunder that the indemnified party give the indemnifying party written notice of
such Claim setting forth all particulars of the Claim, as known by the indemnified party,
including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good
faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect
such notice in all events within such time as will allow the indemnifying party to defend against
such Claim.
15. REPRESENTATIONS.
Each party represents that it has the full right and authority to enter into this Agreement.
KMG does not represent that it has rights to settle matters for all of the mineral owners or any
other lessees in the Property and this Agreement shall only apply to and bind the KMG leasehold
interest in the property.
16. SUCCESSORS.
The terms, covenants, and conditions hereof shall be binding upon and shall inure to the
benefit of the parties and their respective heirs, devises, executors, administrators, successors and
assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees
under the oil and gas leases which KMG owns.
17. TERM.
This Agreement shall become effective when it is fully executed and shall remain in full
force and effect until KMG's leasehold estate expires or is terminated, and KMG has plugged
and abandoned all wells and complied with the requirements of the oil and gas lease pertaining to
removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and
existing laws and regulations. When this Agreement ceases to be in full force and effect, the
Parties shall execute any and all releases necessary to evidence the fact that this Agreement shall
no longer apply to the Property
18. NOTICES.
Any notice or other communication required or permitted under this Agreement shall be
sufficient if deposited in U.S. Mail, postage prepaid, addressed to each of the following:
136
1911 ►►130111►IV 9 10..°011 SWeIe MealTU2 Clerk&Recorder
10 at
28 R141.00
If to KMG:
Ken McGee Oil & Gas Onshore LP
1099 18th Street, Suite 1800
Denver,Colorado 80202
Attention: Director of Land Denver Basin
Gravel Company:
Darwin Den
699 North 1" Avenue
Greeley, Colorado 80631
With a copy to:
Joseph R. King
Law Office of Joseph R. King
6343 West 120`" Avenue, Suite 220
Broomfield, Colorado 80020
Any party may, by written notice so delivered to the other parties, change the address or
individual to which delivery shall thereafter be made.
19. RECORDING.
This Agreement and any amendments hereto shall be recorded by KMG, which shall
provide the other party with a copy showing the recording information as soon as practicable
thereafter.
20. SURFACE DAMAGES.
Gravel Company hereby waives all surface damage payments pursuant to any COGCC or
local regulation, state staute, common law or prior agreement, for each and every well that is
drilled within the Existing Oil and Gas Operations Area and the Future Oil and Gas Operations
Areas and for any access road, flowline, or pipelines constructed on the Property. KMG may
provide a copy of this Agreement to the COGCC as evidence of this waiver.
21. ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be resolved by arbitration conducted in Denver, Colorado and shall be administered
by the American Arbitration Association under its commercial rules, and judgment on the award
rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof.
22. APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Colorado,without reference to its conflict of laws provisions.
41,
111111 1111 111111 11111 111111 III I II III 111111 III IIII
3619655 04/30/2009 12:02P Weld County, CO
11 of 28 R 141.00 0 0.00 Steve Moreno Clerk& Recorder
23. ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding among the parties hereto regarding the
matters addressed herein, and supersedes any previous communications, representations or
agreement, whether oral or written. This Agreement shall not be amended, except by written
document signed by all parties.
24. EXECUTION AND BINDING EFFECT
This Agreement may be executed in any number of counterparts each of which shall be
deemed an original instrument but all of which together shall constitute one and the same
instrument, and shall be binding upon and inure to the benefit of the parties, and each of their
respective heirs, executors, administrators, successors and assigns and is executed by the parties
as of the Effective Date set forth above.
25. COMPLIANCE WITH REGULATION.
Surface Owner expressly acknowledges that this Agreement satisfies KMG's obligation under
COGCC rules 305 and 306 to consult in good faith with the Surface Owner regarding the
proposed oil and gas operations. Surface Owner further expressly acknowledges that this
Agreement shall be deemed to be specifically applicable to and to fully satisfy, the obligation of
KMG to accommodate Surface Owner's use of the surface of the Property, existing or future, and
waives any statutory or common law claims with respect thereto, except for actions to enforce
this Agreement or obtain damages for its breach.
The parties have executed this Agreement on the day and year first above written.
• •
1111111111111111111111111111III1111111 IIIHIED IIII
3619655 04/30/2009 12:02P Weld County, CO
12 of 28 R 141.00 0 0.00 Steve Moreno Clerk& Recorder
KERR-McGEE OIL & GAS ONSHORE LP
By: Or,6/YU__
a e Ann Byroad
Age and Attorney-in-fact (,7
BROKEN ARROW INVESTMENTS,LLC
\\OQ/UiA'N. J W u.
BY: DARWIN DERR, MANAGER
DUST & DIRT EXCAVATING,LLC
��t \
BY: D0UGIDERR, MANAGER
ACKNOWLEDGMENTS
STATE OF TEXAS
)ss.
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this day of Y t
2009, by Jane Ann Byroad, as Agent and Attorney-in-Fact of Kerr McGee Oil & Gas Ons ore LP,
on behalf of such company. _
Witness my hand and official seal. M\A,ILLF, lS�t �`)
Notary Public
My Commission Expires: L1 2n
71
d:•ntr'.,�q MARLO ELAINE STANSEI
,jF� Notary Public,State of Texas
'h%1 vii;
My C May2t 2012 Aires
•
I111111IN11111111111111111 III III FIII1111111111111
3619655 04/30/2009 12:028 Weld County, CD
13 of 28 R 141.00 0.00 Steve Moreno Clerk& Recorder
STATE OF COLORADO
)ss.
CITY and COUNTY OF BROOMFIELD )
The foregoing instrument was acknowledged before me this /8' day of fi X 2009,
by Darwin Derr,as Manager of Broken Arrow Investments,LLC..
Witness my hand and official seal.
Notary Public
My Commission Expires: 7-/q - 2a/0-
1 •.
•
)12
• mX'J
STATE OF COLORADO
) ss.
CITY and COUNTY OF BROOMFIELD )The foregoing instrument was acknowledged before me this/Op day ofAin,r22.009,
by Doug Den, as Manager of Dust&Dirt, LLC..
Witness my hand and official seal.
pirjtaf
Notary Public
My Commission Expires:
sp
11111111111111111111111111111 ��� 1111111 ��� 111111 �ll ����
3619655 04/30/2009 12.028 Weld County, CO
14 of 26 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
Exhibit "A"
Legal Description of the Property
Attached hereto and made a part of that certain Surface Use Agreement between Broken Arrow
Investments, LLC and Kerr-McGee Oil&Gas Onshore LP, dated March 18, 2009.
11111111111111111111111111111111111111111111111111
3619655 04/30/2009 12:02P Weld County, CO
15 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
A tract of land located in the Northeast Quarter of Section 4,Township 5 North,Range 65 of the 6'i P.M.,Weld
County,Colorado;and being more particularly described as follows:
Commencing ath the North quarter corner and considering the West line of said Northeast quarter to bear South
01 degrees 24 minutes 41 seconds West with all other bearings contained herein being relative thereto: thence
South 01 degrees24 minutes 41 seconds West, 1150.00 feet along the West line of the Northeast quarter of said
Section 4 to an existing fence line and the true point of beginning:
thence along said fence line by the following twelve(12)courses;
South 82 degrees 26 minutes 00 seconds East, 509.80 feet;
North 77 degrees 17 minutes 00 seconds East, 589.30 feet;
South 01 degrees 07 minutes 00 seconds West,82.20 feet;
South 28 degrees 44 minutes 00 degrees East,39.30 feet;
South 00 degrees 46 minutes 00 seconds West,226.70 feet;
South 83 degrees 16 minutes 00 seconds East,201.80 feel;
North 09 degrees 03 minutes 00 seconds East, 164.80 feet;
North 88 degrees 31 minutes 00 seconds East, 218,50 feet;
South 21 degrees 46 minutes 00 seconds East,481.30 feet;
South 00 degrees 30 minutes 00 seconds East 353.50 feet;
South 44 degrees 55 minutes 00 seconds East,237.00 feet;
South 26 degrees 57 minutes 00 seconds East 415.57 feet;to a point on the South line of said Northeast quarter
thence North 88 degrees 14 minutes 05 seconds West,2112.20 feet along said South line to the Southwest corner
of the Northeast quarter of said Section 4;
thence North 01 degrees 24 minutes 41 seconds East, 1410.09 feet to the True Point of Beginning.
1111111 IIIII 111111 11111 111111 III 1111111 111111111111H
III H
3619655 04/30/2009 12:02P Weld County, CO
16 of 28 R 141.00 0 0.00 Steve Moreno Clerk& Recorder
Exhibit "B"
Mineral Leasehold Estate
Attached hereto and made a part of that certain Surface Use Agreement between Broken Arrow
Investments, LLC and Kerr-McGee Oil & Gas Onshore LP, dated March 18, 2009.
[Attached]
Itllll 11111 014113011t112101 019111i2 I1IIII lli 1111111 Iil 111111 III liii
36
17 of 28 R 141.00 D 0.00 Steve Moreno Clerk&Recorder
Exhibit "C"
Existing Oil and Gas Operations Areas
Attached hereto and made a part of that certain Surface Use Agreement between Broken Arrow
Investments, LLC and Kerr-McGee Oil &Gas Onshore LP, dated March 18, 2009.
[Attached]
• •... . .
1111111110111111 HiIII lii 101111 III 111111 III lii
3619655 04/30/2009 12:02P Weld County, CO
18 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder C U
SLLLAY MAIM IILWL 411/i1 _
-. 1 .i .;.-.....:". ' 1'il . ''''.1. I - -, il ' 1
i .1 { t ;-
1 i
I ''1 + R_i
`' ,
$ 1 • i }
. ......• ( : Ts.:.. .. .... ' . • t I ‘IjI : ...,\-..k..%,..:
• i 1 . • I. -. . .
•
K .\- - //�' f .__.,..i>
I 'ti'-'
III , : ^- d f' 1'11
--^'•�,"'bt - .: .=Tamer".`. E., �� ,�.
`, y
./.1717 es
F 'V.�v-• ��
I .. . .,.• . I
1`
Ii I
1
!: I 2 4 , i ' , I is
. 14
F
4
l C j (, ... M .. "rwows
�I� Broken Arrow Inwshn.nts,LLC Exhibit C
Pill
l I JA 1 Consulting,Ise.
Derr Gravel►n V
r -- .r. Sole x
v ¢ {r saw,
rfl':�3Eio_ i i _ � — ea,n�aaa.e�..ow,eo�s.e.awo ._._...,
�����������h ill 11111111111 III Hill 111111111 Ill�HI
°""10.--cr,m"`"'"l
OC OIL AN 9�a1 2804 3104/j�8 012:02P Stave Moreno'g erk&Recorder
r Kul.. hit.&Colo. 195T
THIS AGREEMENT, Intend Into inn the 6th eq , -
Mine. Davis Farms, Inc., a Colorado Corpuiauwi
P. 0. Box 836
Greeley, Colorado 80631 h„enter called lint.
end. The CQoltt p na Company, D 204 PetrQis Cen)jer. San Antonio,,Texas rerein her tae neer.des*ISIS
I. Tin 10.00,.r0, d a mnademmn of the•"n el Ten 6 more asset,m land pet and el the m.ee•nte eel eprY.„nlr hereinafter contained
Ie N nonmed h=the la=me,n v granted. lean. end ht e d by dine pee•Mb din hereby lean, I.eee. and let a elwttel! w o the 4. Me
hereinafter described lent.an with the,lent a unl,n.this teem or•n pert awn.with„her oil ad to lean s to all o the land• ern
hereby ea heeemttn psded.efiear tanpenne of c lap wc.IOlYltJ.„ophyannl end„her exploratory -at,intiWIM con drilling.red the Sinn.anat.
,y eon eatltlnf In. Padua • nd,•m II Of roe oil.a gm a In lines and
line their respective cm•lhuMel repots.
sod It tc""aremi rmadalayti pipe ones.
.wind auto norms tat building petite Italia..Mel
* llilee take
other •tr Sens n
o lol,Ily uh ne ghhenae leed.,le produce.. care or.and a nefmt"re ad•l`'uek
..alder.tae dm Itwuot and beating employes said tract el lend bun en;,e...awan.irate therein being Misted In the county of-
-. Wald_-- Mate or_Colorado and damned..fella.,:
Township 5 North, Range 65 West, 6th P.M.
Section 4; Lot 1, S)sNE1/4 (also described as NE5)
Ian Township 6 North, Range 65 West, 6th P.M.
CD Section 33: E5NW1/, F.t.E1/2SWt. N TIES(, SEIrNEly and
that cart of the SWkINE1c lying east
of the Bliss lateral, formerly the
McCall lateral.
n.e ant•aac_'101.36 ens lion de in
1. Il is agreed that this has Sad rem
ain in lull Itemm d •arm el five (5) rats an NY Site. W In Wig onecaflde t W
gdp,in tWe Of tee,Y prode„d from said land ion n.e lend,with which aN 4M"enlisted, or the pandas are being dented el ape.1M.tin el the premien IS said teas commants and f—_ r m Winer la the saes m maser,fon of ml.N the papa I.whin isme
amend eat 0,M dim the Iron natal
amain nu e.M. t4 way ea-eyYh 11iI p.m el all ea
4. The lease nay eeo Wly pay lamer t nay an as aerated teen nee'en won get 0,4 le lend,one.elght Inn or the protein If aid t the
wet a n edfoted by Wawa the band premiss.We one+IgWl I SI of It market NS at N.nil.The nate Sall W1 the lever, lai eneolgitth flat.
the e P receivedreceivedlentoets by the lent Iran the sale of calnfoad p•,predated from map all well.loo Me-eighth'hot t the velw,a t.month of the well,
aping tamed parading market priesel the esinin.d ea.. odead Iran w t by Man
y as ca and rindan ell the lea ., any nond penal..,for
need ea the nSinn id s.Yutanddgga any gal mall t tee lase i said load purposes.
other
w,n"an Ow doWlowlowl and Operallon mod Inside lights in to panels' dwelling Ioaled on the
lad e the l.e.d privilege
by t at a en ting'tba,on`
When.gas ham a Wawa*,apite a preapnt Sy wn,n net St Or need for t peat of ma year.lean nil pay er teem as,peal,in
.neat tat te the dewy rental a pneYt in paragraph IS,e„tl peal.an".11f on the•nelnca.ly date el tee Yu ltltwmg W—of each each
pM wawa
ar�hdnneon.at n emd,so wth held realty lase Feld n tendered ha Nadu Nap old ne• produ ae property ends prim
a eepase.he ow theme a e w he a s fa are net tame a said land s 0,been me_6th d.r t May .It 82
We ins shag temnate se be pill Win alma the Isere Wtl to or else mid date par et feeder m i or fn the Nm'a n e n le the
First National peas p Greeley, Colorado 80631 a a,.i.a ee .hw.leak and Its
wen are Ike leer le teal r en a sauna en the twittery on ter d as parable use le foe:agendas a amiss sr enmesh,m sees
tend pryers so w w or in be.alt.ee.n.a sensor,the.m of Four hundred one and 36/100---peopp, pow.shag pp.
m m a a raw and'sweet the grenade of Werra(the can normal t titre.hr drubg hr a pee el to year. n Me manner sad one tae
pyne1e or taming the m.aeetne el ip.etaa w eking may mother be deferred for like perish•reenvey.All pnaale or,tea.en be Made by
cheek or ten.r eni . ter earagoe•n Iu the eeneve°iden dloa flr"ra merit Sal before:.the down w:e dears nt.nen cat mrl°lbs oeni Win ens r le e dd no..,
nee sad n a amYad dad
mid lent natal n Syne ee KNWN but ale tin lama,optan at e.Inthy that Period a Offload the Sy lad•11 mho date ebfand. VW ey
at ay Us area and deliver te doer.c.plea of rend, Noe or reins apniog say portion r atlas at the abets anent pens ad
thereby•raper We lease a a M prtWl or pntnns and be relieved of Ill obltell„m ae to the wow atlwdend. and Inermh„ the rata
peas handy Nil be rtagd in the peepatm that Ow areas coned hen.N,tube by aid mass or teats.
l acW the bee 0,Y paled en Me tae Sandi had better,bat.thee,and In to aeet.it•Mane eery le all enmmtnt a en land
within tans Seethe fres entatia el gees rain pert me which rental its been pt.MIS lee than laminate a so both pent.,ants 1p
Mo.ear ben the maetel of aid teeth.mats shah reins the patent of reeds n the sr amount•id hi the sr manner ea Meabes
Inn& WI lap aa,t ante ad Ne M Wm?Mut MIS Oa shall a t1*Ilea n forte IW a anal.payment of entah. elan
had been intered, theiruption m he len preceding
rental payment.
p(genre/W
1. Maid Meer ens•In asst a W eaten dean.,land thin Um satire red adlvtnd tea stoma slate the .thee al reran.and, resale
Pant prows e the sea e h be pat m sly In proportion widen y t...µ d le bean a e a n„ du
whole d undivided fen. New ever. t natal teal be la-
seen it the nest emanding rental ennlnermy al.„ r nnr•an seen to net to Stern in tainted.
0. Ile Inn Sall hen the right Ie dR hp OS tit,e,a ad eater rap on said tut fer Its epytls thereon,wept wale hem the wile t
e leer. mon required by Yee..W lase than buy M pip line bets pits depth W chill Day
y far m..mesa by e I.p mtsae la°Dun p
a WI lead. a.well SS.re dndel nearer to aO(s a the au..r hem new a We pals without erne a mnel t his Intl, lane SW ban
W t a eat y Wee dewlap a•ler the expiration le.SY lam t•remove allmNm„y. new. haw butane and in.annus. Plant on laid
As WSW Me ray a draw and llwine- Uwe wr,undo la espYltn it any to a a dry We or'Foe the WYaaat eI any
0.5.51*tan,to mane the premises to their enema wanes a war in pettlYie and to rave ell 'statistics estate a tensible time.
t IS the mete ad laser party Snots waist tend We plt.e of ndenhe 111.110M Cr in M't a ne„e,.ashen,a armsat.and Ntl fined
Y was IIra hue et Minaserene.
be in Yyan tW knV tots It and
MAIM,
lavntnr own
0 Other Iwnwlginalleanent Senn. I penrinnwawa
Mather mined
dopy IMaf Cr•e Bided spirally el of as Semi own and of Pis pebet. dhenrl.or neettfhd spy of tedvpneeelne uMty ypltmteal
YmaYYter m e mYI i 4samd whichever aeerate nether el ll primal n te or
rand eaSlea twee wraan Y Sewl.e replete rasa title Neckto Inept to the IOU itmwt sand• •na payments t estate
•W sag.
ends nee 1el 1 t at paean—u Y awe w lap magnet •auedn e. grata MW., administrator, en r of sr.
a it I*here.ones.Mt hi e ease this axe tang be enmd ea to•pct or as to pN el nY lave dnmam bend and or one a
t ay seek pa pensrl n s Sad t e.o Shea le the pann If to pes e m tin el t rem am item ha os t nth s. ,t ca defame.ell l to
dent meted Ste an meets se it es•pan t aid load upon eweIt safe or any assignee fnaf et me die,payment of eaid rentals
wine alone.pea hereby arrasmenses end ewer
defame the ism.sang,
levied,1 t e has hsla ds.s.ad air n entalthe Yana t M ern.m pa, iants dhSase h
a SS a•I rgse ear nag es Y.nate ed a rental.eaten ,held.. eldenlOn ad 0,.r rnMberriWy be applying te e elrnup t lnt lands ey an,lea evens it msp.ax m awn eher net IletUnaSha aet
n Yue'I.p fom'uaa`let dila Ian nand to del te nY Ned now in tug eM M•m oat aatl Satin a loeed ng If lane
Ilnh op elis yawned and. if p Operations ler " et�"sualm
Tana.tt.en..,inn es rig at erodudas setts.
II wan dm penmen Inn t We MY.erididdW a Ott lean peen,shell inn Pee ay toes.Ws he.WS"not same Droned sr.
sues Is Se erns ea a mil shall he saw behee it a un nea awls ma i VOW dent or,pnWd Paso Men or wear the payment of
rentals
la e maser W Ia nl oniWfon winded. If.alter the naaadla at n parr tarn t s cat,pt.iit a W load wear analwren me hem.WY lea.sap.n lenelnt,prone Yee steam aaaane toe rowan a drilling•all elan Aar lel 6e from vide
snap sad One NIn Sall nena le foe denng a peeitilae.or aS asdaa and, .r pt"ate ,„alts !Wefrn the aa law a podrta
was an to pi Less or de-
WNW land with ether land,Iran,en ben•W tns In aglit et lit h•amtiat at .'IWly the time aadta nab peeli une to ng to be lore into Sale
exceeding say part
mans an Yet of the ahem
•wW any be drills awn taw ruin.or emulations a wee„the time or seek paling a ueftlasto: provided,however,tgt sues eon my need
nth annum by teem • nth ass a"nanny n ors a nine a eleerehlp standees or Ye tag. ]epee Sall neon
held DPW a u et more thant by nwtag end recording a ntnuact idauhis. h= al..d r Any well drilled operations cadent a
1 pant sea loth wit NW be eneitlnt•well drilnd w opralone ntuvtd matt the
kas, and then shill be Wonted te the peal=at the
area tlslW lase ladudad a the Raab snit ayes prapotloe el the f40.1 production from Ill walls In wok unit a laser's Intent, is—. y awn
Intl Ile•p beds.leis,•is Wa titre p CrY nerd..n d agreed inµ a p.tutt:: Ira t till:
be `Y°il oebe Set nalhe is pyamt d gray ryn sr,:Cot Mt W edien er the Iran the ants t Wa etc.,dewla rte a
dhl4t n a eat.•e anew a tbeadh poeumd hem n eher.drmtbed'ad wan We urea.t NI.leas.
•
• IQ mMl.lees dy It.terms.rate Mane 0114 .hptette,,shall extend to.and be binding a Hies of the Own.-no ei n,that lease."/Irene r
WI her moll I.gni named were one eeeeellen ardent It It.cued y am of m.ether manic,hmeie nn ed••hen. mm lease me. a teed
NN atTT= nag meet a the...Eno.a
.
Wash:
wyrt n.neow.en We Me nay as ern lira o lyre Vrlttm.
tDAVIS N Colorado Corooratlon
q Dona'R. Vornhol,t,.Secretary ;an y is reslffent,, .d
11111111111111111IMMOIII1111111III HIV II1111
3619655 04/30/2009 12:02P Weld County, CD
20 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
Exhibit "D-1"
Future Oil and Gas Operations Areas
Attached hereto and made a part of that certain Surface Use Agreement between Broken Arrow
Investments, LLC and Kerr-McGee Oil &Gas Onshore LP, dated March 18, 2009.
[Attached]
1 IIII11 1111 I'll'11111111111 ill 1111111 III 111111(II III
3619655 04130/2009 12:02P Weld County, CO
21 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
�, '. :
�� zit€ 1
r
I
Yca '
el
_.0-f) 1 ' L. ', rce , p, if ... .. -
1
I ' jr - ll
kL . L
IiI4 it •Oro r ., _�' i i, 1y . - . _ �,"A go I it
lii • -.* 5 ...i
•'fir..rw... .9 -�� I �,S . ,
iiil
♦♦ t
4! •
i
t . . ''. . / :-''l ‘` ' IIN,II‘tt
I', Is list i I I I if i
t N 1��\N I . I I I i
a i 4 `-3'•�,i1 .i
: ---=r--. t 9 1N ` -'' �Ttij;rJ I 4 F L._ . ,
>! Its I
. I-4 "t ... 11 ail ' It ' A. i 1 ,/ i„. , p
.- . g I . - _ :im:.
.. -, -- _...- —
•»-... .-r. = _ * .yam
_ � '(E,' L If IY"':Ywl) 3lRMa/1•Iltr!`lra'ir ... r..—....r..41"w._..�;+.►:'.'"'1"6.0 �
Y
k
R
15
•.7,
1111 111111111111]1(1111 111111111111 111111111 111
3619655 04/30/2009 12:02P Weld County, CO
22 of 28 R 141.00 D 0.00 Steve Moreno Clerk&Recorder
Exhibit "D-2"
Future Oil and Gas Operations Areas
Attached hereto and made a part of that certain Surface Use Agreement between Broken Arrow
Investments, LLC and Kerr-McGee Oil & Gas Onshore LP, dated March 18, 2009.
[Attached]
• •
1111111I1II 11l lII1 t1 t1 lulL 1I I11I I IL
3619665 04130/2009 12:02P Weld County, CO
23 of 28 R 14t00 D 0.00 Steve Moreno Clerk& Recorder
4 .. �� �f•
1
r. 4,,-) L.'. 4.' ........ '''''''
1
4 ....soie„,„,„, .. i,„ _ ,_. . a"
l +r~
' - ]�
_.. x . 11 :. �• �_� r p
/ •
1
i 2 V. '-'r g' it 1 ; I ,* i I-4 \
b.O ii; ,
Ow . ...„, , ll v
`1 w� :oar .r ! �.• ij r r
Tr
p. oy+ u1 c-, C- .j / <1 ci
w.. 1 • 7
J .....,..
• '' it ri I I /, % r , • rr
!! i :lie i,7,- lila V'.li.
i .i, l .' �: I ,-- ,
:, ' 1 ,!...1 ' ifs : 10F, I y,Ia al 1 ''\l‘' i' r of i it s'
' ♦ r.— r a.
t it ;
,./:
!' \L EE + T� f �� -.
y• �:. .... •
I=ii an .,
• X• ^-/' rte r� '
. ' l'e'a II. '_
•
:t . 1
• •
111111111111 131 11111 111111 III 1111111 III 1111111111111
3619655 04/30/2009 12:02P Weld County, CD
24 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
Exhibit "F'
General Guidelines for Design and Construction Activities On or Near Kerr-
McGee Gathering LLC and Kerr-McGee Rocky Mountain Corporation
Pipelines and Related Facilities, Revised April 11, 2006
Attached hereto and made a part of that certain Surface Use Agreement between Broken Arrow
Investments, LLC and Kerr-McGee Oil &Gas Onshore LP, dated March 18, 2009.
[Attached]
LIiJLi1!1i
111111 1911��111111P
III 1111111 ���1111111 II/III
50( 28R 141.00 D10 00 Steve Mo eno'Clark& Recorder
�n
General Guidelines for Design and Construction Activities On or Near
Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP
Pipelines and Related Facilities
This list of design, construction and contractor requirements, including but not limited to the following, is for the design and
installation of foreign utilities or improvements on Kerr McGee Gathering LLC (KMG) right-of-way (ROW). These are not
intended to, nor do they waive or modify any rights KMG may have under existing easements or ROW agreements. For
information regarding KMG's rights and requirements as they pertain to the existing easements, please reference existing
easements and amendments documents. This list of requirements is applicable for KMG facilities on easements and in road
rights of ways only. Encroachments on fee property should be referred to the Land 8 ROW Department. Any reference to KMG
in the below requirements is meant to include and apply to any Kerr McGee entity.
Design
• KMG shall be provided sufficient prior notice of planned activities involving excavation, blasting, or any type of construction
on KMG's ROW or near its facilities- This is to determine and resolve any location, grade or encroachment problems and
allow for the protection of KMG's facilities and the general public. This prior notification is to be made before the actual
work is to take place.
• The encroaching entity shall provide KMG with a set of drawings for review and a set of final construction drawings
showing all aspects of the proposed facilities in the vicinity of KMG's ROW. The encroaching entity shall also provide a set
of"as-built drawings"and submit to KMG,showing the facilities in the vicinity of KMG's ROW upon completion of the work.
• Only facilities shown on drawings reviewed by KMG will be approved for installation on KMG's ROW. All drawing revisions
that affect facilities proposed to be placed on KMG's ROW must be approved by KMG in writing.
• KMG shall approve the design of all permanent road crossings.
• Any repair to surface facilities following future pipeline maintenance or repair work by KMG on it's"prior rights"ROW will be
at the expense of the developer or landowner. In addition, any repair to surface facilities following future pipeline
maintenance or repair work by KMG on replacement ROW granted to relocate KMG facilities will also be done at the
expense of the developer or landowner unless expressly addressed in surface use agreements and approved in writing by
KMG.
• The depth of cover over the KMG pipelines shall not be increased.or reduced nor surface modified for drainage without
KMG's written approval.
• Construction of any permanent structure within KMG pipeline easement is not permitted without written approval by KMG.
• Planting of shrubs and trees is not permitted on KMG pipeline easement without written approval by KMG.
• Irrigation equipment i.e. backflow prevent devices, meters,valves,valve boxes,etc. shall not be located on KMG easement
without written approval by KMG.
• Foreign utility installations, IE,distribution gas,oil and gas gathering,water,electric,telephone,cable and sewer lines.etc.,
may cross perpendicular to KMG's pipeline within the ROW, provided that a minimum of eighteen inches (18") of vertical
clearance is maintained between KMG pipeline(s) and the foreign utility. Any installation by a foreign utility with less than
18' of vertical separation is not allowed without written approval by KMG. In no case will vertical separation be less than
12'whether written or not. Constant line elevations must be maintained across KMG's entire ROW width,gravity drain lines
are the only exception and must be approved in writing. Foreign line crossings below the KMG pipeline must be evaluated
by KMG to ensure that a significant length of the KMG line is not exposed and unsupported during construction. Foreign
line crossings above the KMG pipeline with less than 18"of clearance must be evaluated by KMG to ensure that additional
support is not necessary to prevent settling on top of the KMG natural gas pipeline. A KMG representative must be on site
during any crossing activities to verify clearance depths and to assure the integrity and support of the KMG facility. All
installations of foreign crossings done by boring and or jacking require the KMG facility to be exposed to verify clearances.
• Foreign utilities shall not run parallel to KMG pipelines within the KMG easement without written permission by KMG.A
minimum of 10.0 feet of horizontal separation must be maintained in parallel installations whether the foreign utility is
Page 1 of 4 Revision 4/11/2006
....._
11111111111131111111111111111111111111111111111111
3619656 04/30/2009 12:02P Weld County,
K„ 26 of 28 R 141.00 D 0.00 Steve Moreno C Ieerk& Recorder
General Guidelines for Design and Construction Activities On or Near
Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP
Pipelines and Related Facilities
placed within the KMG easement or adjacent to the KMG easement.Any deviation from the 10.0'horizontal requirement
must be approved in writing by KMG and an"as built survey"provided to KMG after installation.
• The foreign utility should be advised that KMG maintains cathodic protection on its pipelines and facilities. The foreign
utility must coordinate their cathodic protection system with KMG's. At the request of KMG, foreign utilities shall install(or
allow to be installed)cathodic protection test leads at all crossings for the purposes of monitoring cathodic protection
interference. The KMG CP technician and the foreign utility CP technician shall perform post construction CP interference
testing. Interference issues shall be resolved by mutual agreement between foreign utility and KMG. All costs associated
with the correction of cathodic protection interference issues on KMG pipelines as a result of the foreign utility crossing
shall be borne by the foreign utility for a period of one year from date the foreign utility is put in service.
• The developer shall understand that KMG whether specifically required per federal law, or by company standard,will mark
the routing of it's underground facilities with aboveground pipeline markers and test leads and maintain those markers and
test leads. Markers will be installed at every point the pipeline route changes direction and adequate markers will be
installed on straight sections of pipeline to insure, in the sole opinion of KMG,the safety of the public,contractor, KMG
personnel and KMG facilities.
• On all foreign utility crossings and/or encroachments, metallic foreign lines shall be coated with a suitable pipe coating for
a distance of at least 10 feet on either side of the crossing.
• AC Electrical lines must be installed in conduit and properly insulated.
• On all foreign pipelines, DOT approved pipeline markers shall be installed so as to indicate the route of the foreign pipeline
across the KMG ROW.
• No power poles, light standards,etc. shall be installed in the KMG easement without written approval by KMG.
• KMG installs above ground appurtenances at various locations that are used in the operation of its facilities. Kerr McGee
will install protective enclosures at the above ground appurtenances to protect them from outside damage.The design and
placement of these above ground appurtenances and protective enclosures is done at KMG's sole discretion, and may
exceed any regulatory requirements.
Construction
• If KMG will be relocating KMG facilities for any entity, grading in the new KMG ROW shall be +/-6 inches before KMG will
mobilize to complete the relocation. Final cover after the completion of the project will not be less than 48" nor more than
72". All cover that exceeds 72"or less than 48"will be approved in writing by KMG. Cover during all construction activities
will NEVER be less than 36" unless approved in writing and a KMG representative is on site during the time cover is
reduced.
• The entity requesting relocation shall survey top of pipe after installation but before backfill to determine proper final
elevation of KMG facilities. The entity requesting relocation is solely responsible for the final depth of cover over the
relocated KMG facility. Any deviation from cover requirements as outlined above will be corrected at the sole expense of
the entity requesting relocation.
• Contractors shall be advised of KMG's requirements and be contractually obligated to comply.
• The continued integrity of KMG's pipelines and the safety of all individuals in the area of proposed work near KMG's
facilities are of the utmost importance. Therefore, contractor must meet with KMG representatives prior to construction to
provide and receive notification listings for appropriate area operations and emergency personnel. KMG's on-site
representative will require discontinuation of any work that, in his or her opinion, endangers the operations or
safety of personnel, pipelines or facilities.
• The Contractor must expose all KMG pipelines prior to crossing to determine the exact alignment and depth of the
lines. A KMG representative must be present.
Page 2 of 4 Revision 4/11/2006
•
II%\\\ Ll\l\IUt \tl\IIIIIII"I order
,0„ 1619655 0413012009 12:%2 S evedMoreno Cterk&Re
27 at 28 R 141.00 01-0.020?
0•�
General Guidelines for Design and Construction Activities On or Near
Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP
Pipelines and Related Facilities
• The use of probing rods for pipeline locating shall be performed by KMG representatives only, to prevent unnecessary
damage to the pipeline coating. A KMG representative shall do all line locating.
• Notification shall be given to KMG at least 72 hours before start of construction. A schedule of activities for the duration of
the project must be made available at that time to facilitate the scheduling of KMG's work site representative. Any
Contractor schedule changes shall be provided to KMG immediately.
• Heavy equipment will not be allowed to operate directly over KMG pipelines or in KMG ROW unless written approval is
obtained from KMG. Heavy equipment shall only be allowed to cross KMG pipelines at locations designated by KMG. Haul
roads will be constructed at all crossings. The haul roads will be constructed using lightweight equipment. The existing
depth of cover over the pipeline must be verified. Cover will be added such that a total of 8' of fill exists over the pipeline
and extends a minimum of 10' on each side of the pipeline. Depth of cover will then taper as required for equipment
access. Steel plates may be used for load dissipation only if approved in writing by KMG.
• Contractor shall comply with all precautionary measures required by KMG,at it's sole discretion to protect its pipelines.
When inclement weather exists, provisions must be made to compensate for soil displacement due to subsidence of tires.
• Excavating or grading which might result in erosion or which could render the KMG ROW inaccessible shall not be
permitted unless the contractor agrees to restore the area to its original condition and provide protection to KMG's facility.
At no time will cover be reduced to less than 36"without written approval by KMG and a KMG representative on site.
• A KMG representative shall be on-site to monitor any construction activities within twenty-five (25)feet of a KMG pipeline or
aboveground appurtenance. The contractor shall not work within this distance without a KMG representative being on
site. Contractor shall use extreme caution and take any appropriate measures to protect KMG facilities.
• Ripping is only allowed when the position of the pipe is known and not within ten(10)feet of KMG facility. KMG personnel
must be present.
• Temporary support of any exposed KMG pipeline by Contractor may be necessary if required by KMG's on-site
representative. Backfill below the exposed lines and 12" above the lines shall be replaced with sand or other selected
material as approved by KMG's on-site representative and thoroughly compacted in 12"lifts to 95% of standard proctor dry
density minimum or as approved by KMG.'s on-site representative. This is to adequately protect against stresses that may
be caused by the settling of the pipeline.
• No blasting shall be allowed within 1000 feet of KMG's facilities unless blasting notification is given to KMG Including
complete Blasting Plan Data. A pre-blast meeting shall be conducted by the organization responsible for blasting.
KMG shall be indemnified and held harmless from any loss, cost of liability for personal injuries received, death caused or
property damage suffered or sustained by any person resulting from any blasting operations undertaken within 500 feet of
its facilities. The organization responsible for blasting shall be liable for any and all damages caused to KMG's facilities as
a result of their activities whether or not KMG representatives are present. KMG shall have a signed and executed Blasting
Indemnification Agreement before authorized permission to blast can be given.
No blasting shall be allowed within 200 feet of KMG's facilities unless blasting notification is given to KMG a minimum of
one week before blasting. The organization responsible for blasting must complete Blasting Plan Data. KMG shall review
and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting
and agreed to in writing by KMG. A written emergency plan shall be provided by the organization responsible for blasting.
KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be
given. A pre-blast meeting shall be conducted by the organization responsible for blasting.
• Any contact with any KMG facility, pipeline, valve set, etc. shall be reported immediately to KMG. If repairs to the pipe are
necessary,they will be made and inspected before the section is re-coated and the line is back-filled.
Page 3 of 4 Revision 4/11/2006
1 111111 11111 111111 11111 111111 III 1111111 111 1111111 111111
K]/ ( 3619655 04/30/2009 12.02P Weld County, CO
28 of 28 R 141.00 D 0.00 Steve Moreno Clerk& Recorder
General Guidelines for Design and Construction Activities On or Near
Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP
Pipelines and Related Facilities
• KMG personnel shall install all test leads on KMG facilities.
Local Kerr-McGee Gathering LLC Representation:
Manager of Construction&Facilities Engineering: Kevin R. Osif, P.E. Phone: 303 655-4307
Facilities Engineer: Joseph E. Sanchez, P.E. Phone: 303 655-4319
Foreman 1: James Phillips Phone: 303 655-4343
Foreman 1: Rick Noffsinger Phone: 303-655-4326
Emergency Contacts:
On call supervisor Phone: 303-559-4001
Kerr McGee 24 hour emergency number Phone: 303-659-5922
One Call Emergency Phone: 800-922-1987
Page 4 of 4 Revision 4/11/2006
• • Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Friday, May 08, 2009 3:40 PM
To: 'Tim Naylor'
Subject: AMUSR-686 Bagma Dairy
Tim,
I brought the landscaping plan to staff today for AMUSR-686 Bagma specifically to review the lighting on site.
Staff would like to see the cut sheets for the lighting on site. Feel free to drop them off at the office but please
keep in mind the Longmont office is only open on Tuesday and Thursdays from now on. You can also email them
if that is easier.
Thanks and let me know if you have any questions
Jacqueline
5/8/2009
•
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural ResourCeS
1 313 5hemnan St.,Room 215
Denver,Colnardo 80203 COLORADO
Phone:,303{866-3567 n f Y I s I O N n v
RECLA.M.ATIUN
FAX:1303)832-8106 MINING
—&-
SAF ETY
g`° n.
16,2008 ra,NIX),
December rx„
Hares C).Sherman
Mr.Darwin Derr Ftetutive Oir.Ncto,
Broken Arrow Investments,LLC Ronald W.canany
699 N.First Avenue oivi.. oir :nr
Greeley,CO 80631 Naivrrl keen rrn Trustee
Re: Derr Pit,Permit No.M-2008-017,Permit Issuance-Construction Material Operation
Dear Mr.Derr:
On December 16,2008 the Division of Reclamation,Mining and Safety found Broken Arrow Investments,LLC to have
satisfied the applicable requirements of C.R.S.34-32.5-101 yg mi. for obtaining a mining and reclamation permit.
Therefore,a permit is being issued. Two signed originals of the permit have been executed. We have kept one copy for
our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit.
1. All of the original application materials,as amended and supplemented,are an integral part of your permit. They
have been incorporated into the permit by reference. We presume that you have a copy of all of these materials;
therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit
application at the mining operation as a reference for operating personnel,to help ensure compliance with the terms of the
permit.
2. Changes in the mining and reclamation operations that differ from those described in the permit may require a
modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and/or contacting us
to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions,
and Rule 1.11 to Conversions.
3. On your permit anniversary date each year,December 16,you must submit an annual fee and an annual report to
us. The annual fee for this permit is$791.00. Please consult the Act,Rules and Regulations,and your permit for specific
annual report requirements applicable to your mine.
If you have any questions,please contact the Division.
/Since y, _/
RONALD W.CATI ANY
Division Director
RWC/MAC/met
Enclosure
cc: J.C.York,J&T Consulting,Inc.
Office of Office of __-
Min?d Land Reclamation Denver • Grand function • Durango Active and Inactive Mines
x' s . 0
Union Colony Fire/Rescue Authority PE
R ,
110(1 10th Street .Sure /00 Greeley. CO 80631 - (070) 350..9.510
CONSTRUCTION PERMIT AND INSPECTION RECORD
1s .. D; : t '...'ivati.ng 7.LC, Weld County U SIR# 1660 �.r IV t 4-t. ' i Atf ' .._..
....,.;,E;::A s'UN / DATE iSSUEt
Dust. & Dir`:. Excavating LLC, Weld County USRi± u;.r, 1.1i 17/20.,
.Pt..IP YPF_ OCCX1PANCY ID PROJECT KHMER
PROTECTEDD ABOVEGROUND TANK. 1`>.t 2.
ARt:A Iti'dc!VFIL SQUARE FF'E1 VALUE of wOR(
T
:aiNT ft,AcrOR — •BUSINESS PHONE FAX M BER
,"r.;rn•.:taLtcr. unknown (1L `•.' )
STREET ADDRESS ECITY STATE ZIP STATE LICEPLSE HUMBER
Permit Benchmarks(Items To Be Inspected)
Tanks and Containers-Location Date Rejected By Date Accepted ..
Tank location(s)as shown on approved Warta per All-F,Section 5. / �„ ;
i
tanks and Containers -Protection Date Rejected— ay,.. Date Accepted alp.
Vc hicie Ernpact protection as approved per All-F. Section ti
Date Rejected By... [tat Accepted .By..,
Tanks and Containers-Type
Tank(s)approved type(UL2O85)per All F,Section 4 ,\ I
T„-_...._.—..._ -._..._.-----._.._._..._.._. ----- Date Rejected By.., Date Accepted }.By...
(INfarking of Tanks and Containers -704 Sign
l - ,
Date Rejected 7 By . iDate Accepted y By..`
Tanks and Containers-Identification f
Record tank(s)ID number and UL number per All F. Section 4 1 s!
Tanks and Containers -Size Date Rejected By...�.-. Date Acc ` ey..1
Tank(s)size as shown on approved plus per All-F.Section 4 l
. r
Fire Extinguisher Type and Location Approval Date Rejected By.. Dale A ccepted By...,
JJ fp.
./4;:: !�,l .-4 1:7C L.:/. ^ t ji r.L Al--.1/ �r1, a. '-7 l''"G:/., . .:.t 1
f
v
r...c' .
POST THIS PERMIT ON JOB SITE
c yt�r IitlAtBcp F'AGE OF
,
��-��: 111111111 VIII 1111111111111(111111111 liii 1111 )
t 0
GENERAL INSPECTION RULES
General: The following is information on Union Colony Fire/Rescue Authority requirements for calling to request an
inspection and items required to be available to the inspectors before they can conduct an inspection on your project
Work: All work shall be in compliance with approved plans: however, as a result of an inspection, conditions may be
found that were not apparent on the plans at the time of review If such conditions are found, corrections shall be made to
bring the project into compliance with the applicable code.
Violations: Approval as the result of an inspection shall not be construed to be approval of a violation of any provision of
any code or of any other ordinance of the jurisdiction in which the work is being performed. Inspections presuming to give
authority to violate or cancel the provisions of the fire code or of any other ordinance of the jurisdiction in which the work is
being performed shall not be valid.
Required Inspections: The items listed above are items requiring inspection. This list is only a preliminary list and may
be subject to change.
Requesting an Inspection: Ali requests for inspection are required to be called in 48 hours prior to the day of the
inspection. Please call (970)360.9510 to schedule an inspection.
We suggest that you do no use a cell phone to make the call because we won't be able to respond to your
request if any of the information is lost because of a bad connection or interference.
Plans and Record Card Availability. The contractor requesting the inspection shall have available to the inspector the
plans approved and stamped by the fire district and the fire district inspection record card. No inspection will be made
without the approved plans and the inspection card on site and available to the inspector.
After Hours Inspections: An after hours additional inspection fee of$100.00 for each inspector required for the first 2
hours. After the first 2 hours,the charge is$50.00 per hour per each inspector. This fee is required to be paid for
inspections after normal Community Services Division business hours (0800-1700). This fee will be billed to the holder of
the permit after each inspection.
Re-inspection Fee: The re-inspection fee shall be$50.00 per hour. A re-inspection fee may be assessed for each
re-inspection when: a)an inspection is called and work is not complete when the inspector arrives, b)
corrections called out on a previous inspection are not made, and/or c)a contractor does not have the permit
can or the approved plans are not available to the inspector.
Other Permits Required: This system may be only part of the total project. Other permits may be required prior to final
project approval.
Final Inspection: A final inspection by the fire department shall be made and all violations must be corrected prior to
occupancy or use of any portion thereof
INSPECTOR COMMENTS:
POST THIS PERMIT ON JOB SITE
1 PE R Y,I�u R 1111111111111111111111111111111111111111 1111111 PA(`:` O __
F1
•
Michelle Martin
From: Lauren Light
Sent: Tuesday, December 09, 2008 2:54 PM
To: Michelle Martin
Subject: usr-1660
All conditions of approval have been met to the satisfaction of the Weld County Department
of Public Health & Environment, Environmental Health Services for USR-1660.
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services Weld County Department of Public
Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
1
Kik L-)„, MEMORANDUM
I TO: Michelle Martin, Planning Services
O DATE: December 3, 2008
�.
COLORADO FROM: Don Dunker, P.E., Public Works, and l"��"``C
Clay Kimmi, P.E., C.F.M., Public Works bye
SUBJECT: USR-1660, Dust & Dirt Excavating, LLC
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section
23. Our comments and requirements are as follows:
COMMENTS:
1. A FHDP application has been submitted and is currently under review.
REQUIREMENTS:
Final Plat:
1. All drawings shall be stamped by a registered professional engineer, licensed to practice in the state of
Colorado.
2. Please submit a copy of the Mine Permit from the Colorado Division of Reclamation, Mining, and
Safety.
Offsite:
1. The applicant shall participate in the dust abatement program on Balsam Avenue.
a. This procedure shall follow the standards outlined in Weld County Code 8-6-100E.
b- A long term road maintenance agreement with both Exhibits A & B filled out shall be required for
Balsam Avenue. Collateral will be required for 100% of the estimated costs on schedule A.
Access:
1. A private road maintenance agreement with both Exhibits A & B filled out shall be required for the
paving, culvert extension, etc. Collateral will be required for 100% of the estimated costs on schedule
A.
Drainage:
1. The drainage report appears to be acceptable to Public Works.
The applicant shall address the comments listed above for this review process. Comments made during the
Sketch Plan stage of the review process may not be all-inclusive, as revised materials must be submitted and
other concerns or issues will arise during further review. Issues of concern must be resolved with the Public
Works Department prior to recording.
P.muil V Otig nul. Planner: i//chclie Marna
I'C by Pont: Applicant- Dust&Out%ceovatorg,i.LC-
PC Irry Post 1-roe near. lames( Vorl.C'.E..J ct T Consoling, Inc.
Page I of I December 3,2008
M.APLANNING-DEW.I.OPM ENT REVIEWVUSR-Use by Special ReviewVUSR-1660 Derr Gravel PitAIJSR-1660 Comments 12-3-08-doc
• Page 1 of 1
Michelle Martin
From: JC York[JCYork@j-tconsulting.com]
Sent: Tuesday, November 18, 2008 7:52 AM
To: Michelle Martin
Subject: Derr Pit USR-1660 - DRMS Approval Letter
Attachments: Signed Approval_Letter 11.17.08.pdf
Michelle—
Attached is the DRMS approval letter that the Derr's received. This letter is an approval but the Derr's still have to
post the financial and performance warranty to the DRMS.
I also sent a package of materials to you regarding the conditions of the USR permit approval. I will be e-mailing
more information as it becomes available on the APEN and the Storm Water Discharge Permit from CDPHE to
you and Lauren Light.
Regards,
J.C.
Mr. J.C. York, P.E.
J&T Consulting, Inc.
970-222-9530 (Cell)
303-457-0735 (Office)
303-920-0343 (FAX)
11/23/2008
STATE OF COLORADO
__
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
13:3 Sherman.St.,Room 215
Denver,Colorado 80203 COLORADO
D I VISION OF
Phone:(303)866-356."
RECLAMATION
FAX:1303)832-8106 MINING
br.
SAtETV
Hill Ritter.),
November 11,2008 Governor
Harris D.Sherman
Mr.1.)arwin Derr rXl(utivn 0e 'inr
Broken Arrow Investments,LLC Rnnattt W.Canans
699 N.First Avenue Division Direr;tor
Natural Kesoun:e 1ru Iee
Greeley,CO 80631
Re: File No. M-2008-017, Derr Pit, 112c Decision Letter- Conditions, Financial and Performance Warranty
Request-Construction Material Operation
Dear Mr.Derr:
On November 10,2008,the Division of Reclamation,Mining and Safety approved your 112c mining permit application.
The conditions to the approval arc noted below:
Stipulation No. Description
1. Broken Arrow Investments,LLC shall request in writing to the DRMS that the financial warranty be increased
prior to opening an additional phase(s).An increase of the financial warranty shall be requested,and provided
with the letter to the DRMS by Broken Arrow Investments,LLC to its bonding/surety provider prior to opening
and mining an additional phase(s).The increased financial warranty and updated bond forms shall also be
provided to the DRMS from Broken Arrow Investments,LLC's bonding/surety provider.
The amount of financial warranty set by the Division for this operation is $49,132.00. You must submit a financial
warranty in this amount and a performance warranty in order for us to issue a permit. In the event you have requested a
financial warranty form,we have enclosed it in this letter. If you have not,please select a type of financial warranty from
Rule 4.3. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a
performance warranty form with this letter for your use.
PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN
ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE
WARRANTY. A PERMIT WILL NOT 13E ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR
FINANCIAL WARRANTY AND PERFORMANCE WARRANTY.
If you have any questions,please contact me at(303)866-3567,x8116.
Sincerely,
Michael A.Cun gham
Environmental Protection Specialist
Enclosures
cc:Tony Waldron.DRMS
Office of Office of
mined Land Reclamation Denver * Grand Junction • Durango Active and Inactive Mines
• •
73
-:77.1 ...f....:twt 4.-,t:. Cw,-.',.....r :bt.r A...4ct..,7 -O..17 .4.O' 1 Y 8,7-
RICJ_m .. 3..—.,c../ #. ')3. 1,4-t-cr�a...L
1s'-c__.4 i!)..,..4=-4-4.41:4...../4.,.
'f r r'-,� }.h....,la,
o
ftt knA VI,Wt'C'1-(.1 .,✓L{J 244 .f..� J '1.-4 A-9-. t b Si,.'L1.c Soo V- $G
Isis--
,...--.291,-4-.....1 ��I.... a a..a,47, e—4 ...d.i 1.e,..-, ,teiU..1 ...,..4. .:f-i-:•11. :)t.7a- pfrit f 3,2-7+
� ,..,.:4-4..-�.vl?� -;...yam v ,.-td cr,.u/,a.i,...47 ,....2.. ..., /,w....a,u., .,z._,...� pm*
,4,-;, -::4“44.,44... r..d.wCr.—�.v,.... .-I---.wC.-w- /........c. :. 4.,.�I r-..:.�..4..4:-. .sl.... —cr.:.V.j-• M283
,.. t • ..J' ., A....1 "I++.L+.t.,....V a«a.' rol..-✓...a.• 4,t......-..441,----tat�...1/.4'N:t r7_
iiktuws . 4"..—.4 —,a. .h-4,—,...i ,....C 44.. at" ,t....La.i....v
rare art -I
;SEAL. ..-,'.;kl"--✓
W.. -t_:r-.- , ,I L.a...7<.i?
i
Cp���� it eiQ E..-....,C.� ..f. 'Yvj t.:: .4.-
�19.a, aA u4, to�ccd./. 4 ;1
'Pa....4c�+/yF�e, .lrl /e. 4 C,t-..i... 4`:3�. t g r9 1,4...4--,--:4; 1 ..._.�_¢i
./41Li4.- .._.t., , t__i—.Lc- .t . ,-i,.i .2 .fie .{. ,«4.. t✓f.rr.,.,._,...-IYi'.j p� x:l.. l
9t.1-..- au-P.I..t.--_..LT i j,, 43 (Lk,4 e...ry„I e ....- ...,4 . G.-e fri.
il...i.4„ s.,1__ Kt.L .,ii ,EL,.. ,..,..,..4":1 _.,... L....a ' .2.(._,S2-Z7 , j
at<..t.G..e.....d7 i2...u.. . , ..-74 E.l..,. C,l<.L..,, A in,a .y , ..., 4. ,L./7
QFG.I.,� ,.....,a.... y -2-: I.tt. .."..Asa, .1.414.4 .t.-1 t2 4..2 /2- s1-1 '
R.nj, O.2.44....114-:t a r9. .7 at..2..., 1881 ,444.4,..4 J it-..,....._.L...., .;,<J .
Cr. ti's4-- Are,. ...t.4c.....,,,, A...o... a. l...-c.L 1
b 1 y ..4. J-�z{ r
I .C2
I� a,.a.. d.G..4.•' '&A ely l /j r
j,..-.4.; ^.-4,-- ..J. l'd 4-,.,4r•n/+b�.. ,�,[ 't f- .1..✓-4_, � /- .<t A..L.�:�:
' a.., ..y.,,,, ,4.... 4� ,....e4.-44±--.y,F..' A.w.y4 ,-,-4,,A !(a-dJ,
n,.-..{..-.dv p- �}-..f- I II -�..,..1 �-._...{e:/t/:ca� I l
�a. i.,,,d'WI 1.4.1.4.O.4--4...1
l; ;A -.4...•,.•f-1
ef.... :h.:i -4 ,-i�.- ...,,,C, Jt,u..-,,C-Ly
' _-4. .I._i :. -1......4, ,..i..,...__ ,. _f- l_,.t..t.4..,. f. -i_..4.4,..„,,,. f'_.._;._.fy .
`:i t.f_f.: _ :L.. .1 t..{:: . i w t. .d, !.-4.(.d' ' i\.-d. .-.4. 471r3{.../.,J '.;.,
I , .. . ,.s - :7;',:
• • ,
{7
_d .Lt4. etc —4.4 w a.,--s/u .l L rlc E_..../
•J. vta. C.... d.«..-.. :.._ds •f..d.,-C .r...t+
'�1�r' l ,
1 K
.7j...1.,,
dl /i
aJ �1+t e.{..I l:frofcut6{ � ,.w7a. �i7rrnn,..d, .f .�«.....(7 C..-.....,..,o.,...«,
,, :.{. C . .r•i .f •('1'..41. .t4..d .,.fd i._..(;! .....r.' .,..._.I+a...
I it
r4: r' SS -c1 _.1 < tiyi,d • -t ,✓4> �,<1 �I�._�.: _( 'r ..c.r.
, a a. . . r, G, 7, S -d:iI 115-40/L- l Gr Ci. {r.
L., , r ! d G7, WL..L 4 .;k � rC r.1j C •l'( d ' l ....
t,s, e• _.a rc li� c , 44.L. ;al.
..(��,.,.`d,...« ...,d ;-.. ';J c.>�.,..e r r� k.� 3 L,.;..-..,{.....;..�, ..:_�'..-...,.....�!.h. r a , �t"[.:m.•
47 -:l 4:
«.....J. 44.J a..re c. . .a.,-l7 /Lc .at, c<-...�{.r--it ...-Li -7l
6.tk.ai , ..... .., rs_d .-.dd. .A..,C[-.C.- .._.f-,{-n,...L --.e. a..,C�K.t-JI. i<..
._44 L. „I—4-- , :L�.. J o -.d c. ., r«d,<. .( .....al
A-,4d .L :,t r^ r p� I
y.�t,.t.'),t.t.' �Jrcl ...cr.L a{.:l✓'I'"-7 <..,.L.:�...t ,l........:�_C.
.�. .,4.... _...4. ...A�_...✓..�. G,,.,.1,
..41.,t.4 .t, .a(.. et.,:L 4 IAL. I .a ._.._d..,..d.4.,e2.,E _ ..,,,r� E.-_..L .- -'61:-.4d.,
4 '
u.,.4. 1�t..�.�... -1 aL...d. , .� 'w..cy C'.�.- ,, -e-tfl..r.—
" rt d ,[.r NI. C,1r.1 .J 41.,t .L. £-.....i. Cr<,.n. ...... �'1 L49. i.yG.
{.
y...4 .—L.'1.. .- ..c..dcd .{. .,. . LC... c..,..:L {..c.a {n.
!
! ....L .<...d.ad. d...- ..ti .W L a:.' A.n..,,a<.,,.,,.td .i.L.-L{- :(w- ...._:LsL :l/ '•
, C7 t I bt. a it,
.-y+;...,.- A. ,r�. ..-..�..�tom• 9:... ..tk
,1:, tA- . } 1. _ 4- -, . .. � 4-L d G/ .� . {.4/.4L-
C. , n...d. .ar{e,L.a... _ E:.L,.-d.7 �(... - ..,,.L �Ce<....Aw'i L..-LL.,...... 'Re.• E
...i. ,G..d ....G` c,..d - ....L.p I.
T'. •P .1- l'.._.�f� .. f � ,r to .e. ..L 4 44a4.-
"C;(-La‘
.t. 4'1'.;2., aII 14 �( c- ...+.r,-
Lib() 4-4 f.2 c�•• ectii -y a.M..
•
a
y .i .: I" ,,'i2+ 'r�.. + k-N Y! iv kl r:, i tr •—t
•
November 12, 2008
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10`h Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC - Water Rights - Augmentation and
Substitute Water Supply Plan
Dear Ms. Martin:
Dust & Dirt Excavating, LLC will not be exposing groundwater in the first phases of
mining Phase 1A-1C. These phases will take approximately three years to complete
mining to a depth of six to eight feet where groundwater is not exposed. Prior to
beginning Phase 2 of the mining operations we will have a Substitute Water Supply
Plan and Well Permit in place that is approved by the State Engineer's Office.
Attached is a letter from Jeff Deatherage that was addressed to you during the referral
process for our USR-1660 permit. We discussed the phasing with him through our
consultant J&T Consulting, Inc. to make sure he understood how the operation will be
phased and that groundwater would not be exposed during the initial phases.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North 1"Avenue Greeley, Colorado 80631
•
/ op c°�
,�4. _, -;,_ ,p DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
* sfr *
, Bill Ritter,Jr.
\* fen* August 6, 2008 Governor
Harris D.Sherman
Executive Director
Dirk W olfe,P.E.
Michelle Martin Director
Weld County Planning Department
4209 CR 24.5
Longmont CO 80504
Re: Dust& Dirt Excavating Site Specific Development Plan and a Special
Review Permit
Case No. USR-1660
NE1/4 Sec. 4, T5N, R65W, 6th P.M.
Water Division 1, Water District 3
Dear Ms. Martin:
We have reviewed additional information submitted by the applicant in regards to
the above referenced proposal for a mineral resource development facility including
open pit gravel mining and materials processing. As indicated in our previous letter of
July 2, 2008, since the submitted material does not appear to qualify as a "subdivision"
as defined in §30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4,
2005 memorandum to county planning directors, this office will only perform a cursory
review of the referral information and provide comments. The comments will not
address the adequacy of the water supply plan for this development or the ability of the
water supply plan to satisfy any County regulations or requirements.
The applicant indicated that the mine operation is proposed to be conducted in
phases. From the additional information, no ground water will be exposed or used in
the initial Phase 1. For the subsequent phases, 2-7, the mine operation will be
conducted as a dry pit by dewatering the active area with dewatering trenches. From
previously submitted materials, exposed ground water taken from the pit will also be
possibly used for material washing and dust control. However, from the additional
information the source of water for dust suppression will not be exposed ground water
but purchased from the City of Greeley.
Pursuant to §37-90-137(11), C.R.S., exposed ground water due to gravel mining
operations (which, according to the additional information provided, is proposed to occur
during Phases 2-7 of the mining operation) is considered to be a well and a well permit
must be obtained prior to the commencement of any mining activity which would result
in the exposure andlor use of ground water. Since this proposed gravel pit "well"
appropriates water tributary to the over-appropriated South Platte River basin, an
Office of the State Engineer
131.3 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866.3589
www.water.state.co.us
• •
Weld County Planning Department Page 2
Dust& Dirt USR-1660
August 6, 2008
approved temporary substitute water supply plan (SWSP) or a Division 1 Water Court
approved plan for augmentation that includes depletions associated with all uses of
ground water, including evaporation, would be required before a well permit could be
issued.
If you have any questions in this matter, please contact Megan Sullivan of this
office.
Sincerely,
Jeff Deatherage, P.E.
Water Resource Engineer
Cc: Jim Hall, Division Engineer
George Varra, Water Commissioner, Water District 3
JD/MAS/Dust and Dirt Special Use 2(Weld)
.iT,
• •
EXHIBIT E
Reclamation Plan
Water storage will be the primary final reclaimed use for the Derr Pit Project site.
Portions of mining areas will be backfilled and reclaimed as "native" areas, which will be
re-seeded with native vegetation and will also include areas where native trees could be
re-planted. The majority of the mining areas will be reclaimed as a water storage
reservoir. The remaining area within the proposed permit boundary will consist of
reservoir shoreline, unimproved access roads around the reservoir, and reclaimed or
otherwise undisturbed land. The approximate acreage of each of these areas is:
Final Land Use Reclamation Alternate
Plan Area Reclamation Plan
(acres) Area (acres)
Reservoir Water Surface 24.03 28.49
Street/County Roads/Access Roads 2.24 1.97
Reclaimed Vegetated Land and Undisturbed 12.92 8.73
Land
TOTAL 39.19 39.19
Water Storage Reservoir
In general, the mining limits will be mined to the siltstone/claystone bedrock. The
relatively impermeable bedrock will make the bottom of the reservoir. The reservoir will
also be separated from the surrounding alluvial aquifer by a slurry wall liner. The slurry
wall liner will be keyed into the bedrock material and extend upward through the entire
height of the alluvium. Design specifications and quality control procedures used during
construction of the slurry wall liner will ensure that the reservoir meets State Engineer's
Office (SEO) performance standards for permeability. The slurry wall liner will be
constructed between year two and year three of the mining.
All reservoir slopes left by the mining operation will be reclaimed to at least 3H:1V final
grade. Reclamation of the exterior cell walls will be concurrent with mining. Since
reclamation will be concurrent with mining, most soil, overburden, and bedrock material
excavated during mining will be used almost immediately. Scrapers and dozers will be
used to place overburden material along the reservoir perimeters to achieve the final
grade. Upon placing the backfill material, 95 percent compaction will be achieved to
insure adequate integrity of the slope. Final reclamation by capping with topsoil and re-
vegetating above the expected reservoir water level will follow backfilling operations
closely to minimize the amount of disturbance at any one time.
During reclamation activities, inlet and outlet facilities for the reservoir will be designed
and installed once the end use of the proposed reservoir has been identified. The
general location for the inlet/outlet facility has been shown on the reclamation plan map.
It is anticipated that the structure will function as an inlet and outlet as it will be a wet
- Derr Pit Project
JUT Consulting, Inc. DRMs 112 Permit
id
• •
well with a pump station. The wet well will accept incoming flows that will fill the
reservoir. The incoming flow will enter the top of the wet well and exit through an
inlet/outlet pipe that is placed at the bottom of the wet well and extends out into the
reservoir on the bottom of the reservoir floor. The inlet/outlet pipe on the bottom of the
wet well will also function as an equalizer pipe to allow water into the wet well so when
the discharge pump station is operated water can be pumped/removed and discharged
to the end users system for use as augmentation water or perhaps raw water that could
be treated and used for potable water.
Reclamation Measures/Materials Handling
Backfilling will be done to provide stabilized shorelines around the reservoir and to
minimize erosion. The backfill material will consist of native bedrock claystone, gravel,
overburden, and topsoil. There will not be known toxic or hazardous materials in the
backfill material. Additionally, it is not likely that acid forming or toxic materials will be
encountered during mining. The mining will not leave high walls on the property. In
addition, there will be no auger holes, excavations, or shafts left on the property.
Overburden and topsoil that is removed during the mining will be used to reclaim the
mining slopes and areas that are disturbed during the mining such as haul/access roads
and the recharge pond. Overburden will be placed in the areas such as haul/roads and
the recharge pond to bring the grade to the final reclaimed elevation. The overburden
may also be spread on the 3H:1V mining slope to use the excess overburden to
exhaustion. This will be accomplished by using a dozer to spread the overburden
material to a depth of one foot or less across the entire mining slope thus maintaining a
3H:1V slope. The slope will be compacted as described in the previous paragraphs for
the Water Storage Reservoir. Topsoil will then be placed to finalize the grading such
that seeding can occur. The topsoil will be placed at all disturbed areas and on the
mining slope to an elevation matching the expected reservoir water level.
Top soiling
The top six inches of soil on the property is classified as topsoil. This layer includes the
root zone of grasses and crops, which will be stripped and stockpiled separately. By
using concurrent reclamation techniques, the topsoil is not expected to remain in
stockpiles for more than one to five years. If the stockpile remains more than one
growing season, it will be seeded with a fast growing vegetative cover to prevent
erosion. All topsoil will be retained on-site to reclaim the reservoir shoreline, and other
areas disturbed by mining activities. Where required, topsoil will be replaced to a depth
of approximately twelve inches.
Revegetation
As mining operations are completed, areas for reclamation will be graded and shaped
for revegetation. Runoff or excess water from adjacent areas will not be allowed to flow
over slopes being graded and seeded. If needed, berms or channels will be constructed
to divert excess water and dispose of it in a safe and non-erosive manner.
. Derr Pd Project
DRMS 112 Permit
� ' JxT Consulting, Inc.
• •
Upland Areas. For disturbed upland areas, the reclamation plan includes re-vegetating
with appropriate seed mixes to minimize erosion and reestablish natural terrain. The
grass mixture below was selected to be long lasting and regenerating, as recommended
by the Greeley NRCS field office. The ground will be fine graded prior to seeding
according to recommendations from the Natural Resource Conservation Service.
Reservoir side slopes below the anticipated reservoir water level will not be seeded.
The proposed seed mix is shown in the following table.
Upland Grass Seed Application Rate` % in mix
(#PLS/acre)
Switchgrass (Greenville, Nebraska 28, 0.8#PLS/ac 20
Blackwell, Pathfinder)
Yellow Indiangrass (Lano, Holt, Cheyenne, 1.0#PLS/ac 10
Oto)
Sideoats Grama 1.8#PLS/ac 20
Blue Grama (Hachital, Lovington) 0.3#PLS/ac 10
Western Wheatgrass (Arriba, Bartonk, Rosana) 4.0#PLS/ac 25
Sand Dropseed 0.03#PLS/ac 5
Little Bluestem 0.7#PLS/ac 10
Totals 8.63#PLS/ac 100
`Application rate is for drilling the seed. If seed is to be broadcast, the application
rate will be doubled.
The seed mix for final reclamation as described above does not require fertilizer as
recommended by the local NRCS office in Greeley, Colorado. The seed mix was
revised slightly per the NRCS's latest recommendations that require less seed to be
drilled or broadcast per acre of disturbed area.
Upland grass seed will be planted with a drill equipped with depth bands and press
wheels. The seed should be drilled in the spring in the month of April for best results.
The seeded areas will then be covered with straw mulch at a rate of 4,000 pounds per
acre. The straw will be crimped into the soil to control erosion until the grass becomes
established. See the attached NRCS seeding recommendations.
If a significant invasion of noxious weeds occurs after seeding, the weeds will be
mowed before they can go to seed. The areas will be mowed periodically for additional
control as needed. Mechanical control will be used as a first priority. Chemical methods
will only be used if no other alternative produces acceptable results.
Temporary Stockpile Areas. For temporary stockpiles, the reclamation plan includes
re-vegetating with appropriate seed mixes to minimize erosion and establish more
rapidly to stabilize the stockpiles. The grass mixture below was selected as
recommended by the Greeley NRCS field office. The proposed seed mix is shown in the
following table.
- Derr Pit Project
id ' JET Consulting, Inc. DRMS 112 Permit
Temporary Stockpile Seed Application Rate e/, in mix
(#PLS/acre)
Slender wheatgrass 2.8 #PLS/ac 25
Smooth bromegrass 3.9#PLS/ac 30
Pubescent wheatgrass 4.2 #PLS/ac 30
Sand dropseed 0.03#PLS/ac 5
Crested wheatgrass 0.6#PLS/ac 10
Totals 11.53#PLS/ac 100
*Application rate is for drilling the seed. If seed is to be broadcast, the application
rate will be doubled.
The seed mix for final reclamation as described above does not require fertilizer as
recommended by the local NRCS office in Greeley, Colorado
Water— General Requirement
To minimize the effect on the prevailing hydrologic balance, the operator shall:
a. Comply with all applicable Colorado water laws.
b. Comply with all applicable Federal and State water quality laws and regulations.
c. Comply with all Federal and State requirements for dredge and fill.
d. Re-grade and backfill all sediment and siltation structures after mining is
completed.
Groundwater— Specific Requirements
The operation will not affect groundwater quality on or off the site. The operation will
comply with State groundwater quality standards. Due to the absence of sources of
potential pollutants, groundwater quality monitoring is not required in this operation.
The mining and reclamation will affect the groundwater table surrounding the mine site.
Proposed mitigation efforts to minimize these impacts are a recharge pond along the
southeast corner of the property to maintain groundwater levels during the mining, and
a perimeter drain if needed to convey groundwater around the lined reservoir after the
slurry wall is installed.
The depth to groundwater has been measured on a monthly basis in piezometers
located on the interior and exterior of the proposed slurry wall alignment since October
2006. Groundwater depths will continue to be measured and recorded at monthly
intervals in each piezometer to establish what the seasonal groundwater levels are.
These measurements will be used as a benchmark for maintaining the groundwater
levels in subsequent years. The triggers that would require the perimeter drain to be
installed are as follows:
Den Pit Project
s s J&T Consulting, Inc. DRMS 112 Permit
A three foot difference in the depth to groundwater from the seasonal
groundwater levels in two or more piezometers as observed in the previous years
monthly measurements for two consecutive months.
Broken Arrow Investments, LLC proposes that the groundwater elevations be monitored
through both onsite and offsite wells before, during, and after the mining and
reclamation is complete so that impacts to the groundwater table, from this mining
operation, can be identified and addressed. It is the intent of Broken Arrow Investments,
LLC to operate responsibly and to mitigate damages to wells that are directly
attributable to the mining and reclamation of this site. For more specific information
please refer to the well owner agreements and narrative included in Exhibit G.
Reclamation —Approximate Time Table
The maximum proposed rate of production for the mine is 250,000 tons per year. The
total time frame to mine every phase is approximately 15 to 18 years which allows for
years where the 250,000 tons per year production rate is less. The following table
shows the approximate time frame to finish each phase of mining:
Mine Phase and Acreage Time Frame to Complete and
Reclaim Phase
_Phase 1A— 12.48 acres 1 year and 3 months
Phase 1B—9.22 acres 11 months
Phase 1C—6.29 acres 7 months
Phase 2 — 5.15 acres 2 years and 3 months
Phase 3 —4.84 acres 2 years and 2 months
Phase 4 —5.04 acres 2 years and 3 months
Phase 5—4.87 acres 2 years and 2 months
Phase 6 —5.96 acres 2 years and 7 months
Phase 7—6.00 acres 2 years and 9 months
The assumed maximum production rate is 250,000 tons for processed material leaving
the mine each year. An average production rate of 150,000 tons per year was used to
calculate the reclamation time table. The size and area of reclamation varies for each
phase but generally consists of the outside mining slope being reclaimed at a 3H:1V
slope with the addition of overburden, topsoil, and revegetation. For more information
on sequencing and size of the reclamation activities refer to Exhibit L financial warranty
calculations.
Reclamation Plan and Alternate Reclamation Plan
The reclamation plan attached in Exhibit F depicts the reclaimed reservoir with an
existing oil/gas well in the center of the reservoir with setbacks recommended per the
attached slope stability study that will be implemented if an agreement with the oil/gas
companies cannot be reached to re-locate the existing well. An alternate reclamation
plan has also been included depicting the reservoir without the existing oil/gas well
Den Pit Project
Js7 consulting, Inc. ORMs772Permit
remaining in place. The alternate plan has been submitted in the event that the surface
use agreement with the oil/gas company will be finalized and the existing well could be
re-located as a part of the proposed surface use agreement.
Derr Pit Project
q• J&T Consulting, Inc. DRMS 112 Permit
id '
S
in
J&T Consulting, Inc.
November 12, 2008
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10th Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC— CDOT Referral Comments
Dear Ms. Martin:
We have contacted Ms. Gloria Hice-Idler with CDOT about the requirement of a traffic
study for the USR-1660 permit application. On 10/22/08 I sent Ms. Hice-Idler an e-mail
about the County Commissioners' indicating a traffic study was not needed. Ms. Hice-
Idler responded saying that an impact study was still needed as CDOT still maintains
the intersection of State Highway 263 and Balsam Avenue. You were carbon copied on
Ms. Hice-Idler's response and I contacted you regarding the response to see what Dust
& Dirt Excavating, LLC shoud do. You contacted Mr. Bruce Barker with the Weld County
Attorney's Office to see what he recommended. We spoke on the phone a couple of
weeks ago and you indicated Mr. Barker agreed that the traffic study was not required
as CDOT did not state in their referral that access was not granted.
I spoke to Ms. Hice-Idler on Monday this week and she indicated that we did not have to
complete the impact study as a result of the County Commissioners' decision.
If you need additional information please do not hesitate to contact me at (303) 457-
0735.
Cordially,
J.C. York, P.E.
si i 1400 W 122ni Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735•Fax: 303-920-0343
November 10, 2008
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10`h Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC—Air Pollution Emission Notice
Dear Ms. Martin:
Dust & Dirt Excavating, LLC will submit evidence of an Air Pollution Emission Notice
(APEN) and Emissions Permit application from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment prior to using a screening plant
and a crusher for the proposed mining operation. At this time we will begin mining
without the use of a screening plant and crusher as we will be producing pit run and
non-spec road base which do not require the use of a screening plant or crusher. We
will be using trackhoes, loaders, scrapers, and a dozer to remove materials to begin our
operation.
We intend to purchase a screening plant and crusher for our operation but have not
done so at this time. Once the plant is purchased we will apply for and obtain an APEN
and submit evidence of the approved application to Weld County Planning Services.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
r
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North lit Avenue Greeley, Colorado 80631
November 10, 2008
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10`" Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC — Surface Use Agreement with Mineral
Owners/Operators
Dear Ms. Martin:
Dust & Dirt Excavating, LLC is in negotiations with Kerr-McGee / Anadarko to finalize a
surface use agreement for the proposed sand and gravel mining operation. The final
agreement has not been signed and recorded at this time however an agreement will be
finalized soon.
We will maintain a 200' setback from all the existing oil and gas facilities to ensure the
oil and gas operations will not be interrupted. We have taken appropriate measures to
incorporate the oil and gas activities into the proposed mining operations as evidence
from the Division of Reclamation, Mining, and Safety (DRMS) mining plan and
reclamation plan. We submitted an alternate reclamation plan to the DRMS that would
remove the existing oil and gas well; however that plan can only be carried out with the
approval of Kerr McGee / Anadarko. We hope to have this included in the surface use
agreement that is being negotiated.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
Darwin Derr \Q� �0
Manager
Broken Arrow Investments, LLC 699 North 1't Avenue Greeley, Colorado 80631
November 10, 2008
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10`h Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC— Vehicle Washing
Dear Ms. Martin:
Dust & Dirt Excavating, LLC will not be washing vehicles at the proposed mining
operation.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
Darwin Derr (2/U a,PJI/)
Manager
Broken Arrow Investments, LLC 699 North 1"Avenue Greeley, Colorado 80631
November 10, 2008
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10th Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC— City of Greeley
Dear Ms. Martin:
Dust & Dirt Excavating, LLC has contacted the City of Greeley through our consultant
J&T Consulting, Inc. Attached is the letter J&T Consulting, Inc. has submitted to the City
of Greeley to attempt to address the comments provided by the City in regard to USR-
1660.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
Darwin Derr 0/l^— M An—
Manager
Enclosures
Broken Arrow Investments, LLC 699 North 1`t Avenue Greeley, Colorado 80631
• •
Rim
sI J&T Consulting, Inc.
November 10, 2008
City of Greeley
Community Development — Planning Division
Attn: Mr. Brandon Gossard
1100 10th Street, Suite 202
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC— City of Greeley Referral Comments
Dear Mr. Gossard:
I am contacting you with our responses for the Weld County USR-1660. Below I have
included your comments and our responses to the comments,
Ecological Significance
1. The subject property is located within the moderate impact area on the
City of Greeley's Areas of Ecological Significance Map. Special attention
should be given to address the impact of the development on the
wildlife and vegetation of the area and measures, should be taken to
appropriately mitigate the impact of extraction and satisfy the applicable
requirements within chapter 18.48 Areas of Ecological Significance of
the Greeley Development Code.
Response:
The subject property has been investigated and there were no findings of
threatened and endangered species or wetlands. The proposed mining will be
completed in phases such that reclamation of the operation will occur after
each phase is completed. The reclamation of the operation will be water
storage. The subject property is not within the City and the applicant will not
be annexing into the City at this time.
Growth
2. The subject site is located within the City of Greeley's Long Range
Expected Growth Area (LREGA) as well as substantially adjacent to City
of Greeley municipal limits. Any development should comply with
applicable policies from the City's Building and Development Codes and
Comprehensive Plan Policies. The LREGA is the area within which the
V 1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303.457-0735• Fax: 303-920-0343
Mr. Gossard • •
RE: USR-1660 Dust& Dirt Excavating, LLC—City of Greeley Referral Comments
Page 2
community is expected to grow over the next 20 years and which
encompasses all other growth and service areas for the City of Greeley.
Response:
We understand that the subject property is within the LREGA for the City of
Greeley, however the applicant will not be annexing into the City of Greeley at
this time. The subject property will comply with all Weld County regulations in
regard to building and development which are different from the City's but
most are very similar. If the subject property were to be annexed into the City
the applicant would comply with the City's regulations.
Mineral Extraction
3. The City of Greeley's Comprehensive Plan encourages the extraction of
recoverable resources such as sub-surface aggregate material prior to
surface development. Such extraction should be followed by
appropriate reclamation techniques which provide a secondary purpose
such as water storage or recreation and create an overall appealing
facility.
Response:
The applicant has submitted permit applications to the State of Colorado
Division of Reclamation, Mining, and Safety (DRMS) and Weld County. The
DRMS is the governing entity in regard to the extraction and reclamation of
sand and gravel. The applicant has provided acceptable methods to the
DBMS to extract the sand and gravel and eventually reclaim the mining
operation into a water storage reservoir. The DRMS has approved the
proposed operation as of November 10, 2008. The proposed operation
received approval of the Weld County Use by Special Review application
from the Weld County Commissioners with conditions on October 1, 2008.
Reclamation
4. Reclamation of the subject property should compliment the uses and
existing natural features within the area. The banks should follow a
more natural topographic contour and not appear overly artificial.
Response:
The reclamation of the property will be a water storage reservoir. If an end
user chooses to purchase the water storage for recreation and proposes the
banks of the water storage to be more undulating that can be accomplished
through a technical revision to the DRMS to change the reclamation plan from
what is proposed. The applicant does not have an end user at this time but
has provided an acceptable reclamation plan that was approved by the
DRMS.
V tt 1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735•Fax: 303-920-0343
Mr. Gossard • •
RE: USR-1660 Dust& Dirt Excavating, LLC— City of Greeley Referral Comments
Page 3
Fire
5. Premise identification is required for this occupancy. It shall be of
contrasting color to the building and large enough to be clearly visible
from the street.
Response:
The identification has been obtained from Weld County. The identification will
be posted on the mining operations sign at the entrance to the mine. No
buildings will be installed at this time. In the future a scale house will be built
but it is not near the entrance to the mine site so the identification will be
posted at the intersection of the entrance to the mine and Balsam Avenue on
the mining operations sign.
6. Fire extinguishers are required. Minimum 5Ib, 2A, 10BC rating.
Response:
Fire extinguishers will be provided meeting the requirements at the location of
the proposed diesel fuel storage tank. A permit has been applied for at the
Union Colony Fire Rescue Authority.
7. Maximum travel distance to an extinguisher shall not exceed 75'. All
flammable and combustible tank installations require application for a
permit through Union Colony Fire Rescue Authority. The fee is $150.00 +
$50.00 per additional tank per site. This fee is required to obtain a permit
to install or remove flammable or combustible liquid tanks.
Response:
Fire extinguishers will be provided meeting the requirements at the location of
the proposed diesel fuel storage tank. A permit has been applied for at the
Union Colony Fire Protection Authority. Fire extinguishers will also be carried
in all motorized equipment being used on the site.
Water
8. Please be advised that other customers use the hydrant proposed for
use. System draw down at location could be a problem.
Response:
The applicant understands that the hydrant is used by many other customers
that fill water tanker trucks. The applicant can fill the water truck they are
proposing to use at what time during the day works best for the City.
9. Will the water be used only in filling the trucks for dust suppression?
4" 1400 W 122nd Avenue—Suite 120•Westminster CO 80234• Ph: 303-457-0735•Fax: 303-920-0343
Mr. Gossard •
RE: USR-1660 Dust& Dirt Excavating, LLC—City of Greeley Referral Comments
Page 4
Response:
The applicant will be using one water truck and it will only be used in the dust
suppression for the mining operation.
10. Please clarify if the water use through the City hydrant meter is
temporary.
Response:
The applicant will not be exposing groundwater in the first phase of the mining
and therefore will need to obtain water for dust suppression from a different
source. The applicant would like to purchase water from the City on a
temporary basis until a substitute water supply plan is approved prior to
exposing groundwater.
Water Resources
11. Please provide the City with a copy of the "Temporary Substitute Water
Supply Plan"
Response:
The applicant will not need a plan until the second phase of the mining
operation. A plan is not needed until groundwater will be exposed. The
applicant will obtain approval substitute supply plan from the State Engineer's
Office prior to exposing groundwater. The applicant would be interested in
leasing water from the City of Greeley at that time and will provide a copy of
the approved plan when it is needed.
If you need additional information please do not hesitate to contact me at (303) 457-
0735.
Cordially,
J.C. York, P.E.
1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735• Fax: 303-920-0343
V
November 10, 2008
Weld County
Environmental Health Services
Attn: Ms. Lauren Light
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: USR-1660 Dust& Dirt Excavating, LLC— Waste Handling Plan
Dear Ms. Light:
Dust & Dirt Excavating, LLC will be implementing a Waste Handling Plan for our proposed
mining operation. Wastes will be generated by the scale/operator house and be stored in a
standard dumpster located adjacent to the scale/operator house. The operator house will not be
installed with the initial operations, however the standard dumpster will be located in the area
where the proposed scale/operator house will be constructed if it is needed for our mining
operation.
The expected volume of waste generated will be trash from the operation of the scale house
and the employees of the mining operation (i.e. lunch containers, beverage containers, etc.).
The volume will be collected in a one cubic yard dumpster and collected bi-weekly by the waste
handler.
The proposed operation will have a 1,000 gallon diesel fuel tank with secondary containment. A
Spill Prevention Control and Countermeasures plan will also be in place for the fuel storage.
The tank will also be permitted with the Union Colony Fire and Rescue Authority.
The waste handler and facility where waste will be disposed is as follows:
Waste Handler: Waste Management
Facility Name: North Weld Landfill
Address: 40000 Weld County Road 25
Ault , Colorado 80610
Phone Number (866)482-6319
If you need additional information please do not hesitate to contact me at (970) 590-1063.
Cordially,
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North 1"Avenue Greeley, Colorado 80631
November 10, 2008
Weld County
Environmental Health Services
Attn: Ms. Lauren Light
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: USR-1660 Dust& Dirt Excavating, LLC— Dust Abatement Plan
Dear Ms. Light:
Dust & Dirt Excavating, LLC will provide dust abatement for the proposed mining
operation. A water truck will be used to treat the on-site areas (haul roads, aggregate
processing area, etc.) in order to suppress dust. A water truck and/or sprinklers will be
used to control dust in circulation areas and material handling/stockpile areas.
On a daily basis prior to starting up plant operations all haul roads, processing area,
circulation areas, and stockpiles will be inspected to determine if wetting the surfaces
are needed. If the roads and stockpiles are dry where dust could be generated they will
be wetted using a water truck. Areas that cannot be reached with the water truck will be
wetted using sprinklers. The same areas will be inspected again at mid-day to
determine if wetting the areas is needed. If at anytime during the day the mining
operations begin to generate dust that is leaving the site Dust & Dirt Excavating, LLC
will have the water truck on stand-by such that an area can be wetted immediately.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North 1"Avenue Greeley, Colorado 80631
• •
November 10, 2008
Weld County
Environmental Health Services
Attn: Ms. Lauren Light
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: USR-1660 Dust& Dirt Excavating, LLC—Noise Control Plan
Dear Ms. Light:
Dust & Dirt Excavating, LLC will ensure that mufflers are installed on all motorized
equipment to limit the noise from motors. The initial operations of the proposed mine will
include excavating materials and moving materials with trackhoes, loaders, scrapers,
and a dozer. These are all motorized vehicles that will all have mufflers to reduce the
noise from the motors.
As mining progresses a screening plant and crusher will be implemented into the
operations. The first phases of the mining operation will excavate down to a depth of six
feet below the ground surface. An area will be cleared to setup the screening plant and
crusher six feet below the ground surface to aid in suppressing the noise from the
screening plant and crusher. Future phases will continue to mine deeper thus moving
the crusher and screen plant down into the pit as mining continues to further suppress
noise from the screening plant and crusher.
Dust & Dirt Excavating, LLC will comply with the Colorado Noise Statute 25-12-103 for
an industrial operation.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North 1st Avenue Greeley, Colorado 80631
• •
November 10, 2008
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10`h Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC— Union Colony Fire Protection District
Dear Ms. Martin:
Dust & Dirt Excavating, LLC has contacted Ms. Lin Dodge with Weld County to have an
address assigned to the mining operation. The address for the mine operation will be
shown on the sign that is also a requirement of the Division of Reclamation, Mining, and
Safety.
We have also turned in an application for a permit for our proposed diesel fuel tank so it
can be installed. The permit application is attached for your reference.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
Darwin Derr oui,w9
1AL,
Manager
Enclosures
Broken Arrow Investments, LLC 699 North 1st Avenue Greeley, Colorado 80631
M •
November 13, 2008
Union Colony Fire/Rescue Authority
Attn: Dale Lyman
919 7'"Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC C/O Broken Arrow Investments, LLC — Flammable and
Combustible Tank Installation
Dear Mr. Lyman:
Broken Arrow Investments, LLC would like to apply for a flammable and combustible tank installation for
the proposed mining operation. The tank is a 1,000 gallon metal tank that is manufactured by Eaton Sales
and Service. The tank is housed inside a secondary containment tank. Please refer to the attached
pictures and map for specific details of the tank and containment tank layout. The fuel pump is a Great
Plains Industries brand pump and the model number is M-3025. Below is the address and contact
information for the site operator.
Name of Facility: Derr Pit
Type of Facility: Gravel Mine Operation with fuel storage for refueling equipment
Location: 590 North Balsam Avenue, Greeley, Colorado
Owner Name: Broken Arrow Investments, LLC
Address: 699 North First Avenue
Greeley, Colorado 80631
Phone: (970) 590-1063 or(970) 590-2067
Company Contact: Darwin Derr
Phone: (970) 590-1063
Designated Person Responsible for Spill Prevention: Darwin Derr
Phone: (970) 590-1063
Alternate Person Responsible for Spill Prevention: Doug Derr
Phone: f970) 590-2067
If you need additional information please do not hesitate to contact me at (970) 590-1063 or our
consultant J.C. York with J&T Consulting, Inc. at(303)457-0735.
Cordially,
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North 1st Avenue Greeley, Colorado 80631
t
0
9«
5 r rn„ a X
2,- A,t
41
' ty s # aty i
fi
Tr 1
....mot . q � .. A Tank
1 i .....
Location
4 Mining Operation f ,
,g* * Entrance
ia, x
�i r :'-'• o-
f O d � f`, z "`�„t"„`
-4k s ..2"'- ' rte+ '''
A}'t�� -----.4
1 , rl r ari
,
ti
1000 500 0 1000
® am ion
SCALE IN FEET
Date: 8/26/2008
III ) SaT Consulting,Inc. BROKEN ARROW INVESTMENTS, LLC Job No: 07123
DERR GRAVEL PIT Drawn: THY
1400 W 122nd Avenue-Suite 120
Westminster,Co 80234 VICINITY MAP scale: 1" = 1000
303-457-0735 Sheet: 1 Of: 1
•
4 per page • Page I of 1
Derr Pit USR-1660 Fuel Tank and Containment
Home[ 'Next Page
AK
•
HP1M3940.jpg HPIM3941.jpg
4474?::
-- rt
_ �`.'1 ,,---;--7.----- x `�
a. 40,1
4'
HPIM3942 jpg HP1M3943.jpg
12
file://P:\07123 Derr Gravel Pit\SPCC Plan\Tank and Containment Pics\Derr Pit USR-1660 Fuel Tank & Co... 11/13/200E
4 per page
•
Page 1 of
•
Derr Pit USR-1660 Fuel Tank and Containment
HomejPrevious Page
.. a,.
r
A A I w"liVill i
/C
+ a y
n•.. N
HPIM3944Jpg HPIM3945 jpg
J.a
x T1
rome
/
�4Ts -s
H_ PIM3946jpg
I2
file://P:\07123 Derr Gravel Pit\SPCC Plan\Tank and Containment Pics\Derr Pit USR-1660 Fuel Tank& Co... 11/13/2(
• •
November 10, 2008
Weld County
Planning Services
Attn: Ms. Michelle Martin
918 10th Street
Greeley, Colorado 80631
RE: USR-1660 Dust & Dirt Excavating, LLC— Greeley-Weld County Airport
Dear Ms. Martin:
Dust & Dirt Excavating, LLC will comply with FAA regulations in regard to the mining
operation. Currently we expect the operation to run during daylight hours but will
coordinate with Weld County and the Greeley-Weld Airport if the need arises to conduct
nighttime operations. Through our consultant J&T Consulting, Inc. we responded to the
Greeley-Weld County Airport.
If you need additional information please do not hesitate to contact me at (970) 590-
1063.
Cordially,
Darwin Derr
Manager
Broken Arrow Investments, LLC 699 North 1"Avenue Greeley, Colorado 80631
ind J&T Consulting, Inc.
November 13, 2008
Greeley-Weld County Airport
Planning Services
Attn: Mr. Kevin Freiberg
P.O. Box 727
Greeley, Colorado 80632-0727
RE: USR-1660 Dust & Dirt Excavating, LLC— Referral Comments
Dear Mr. Freiberg:
The proposed operation will typically operate during daylight hours. Dust & Dirt
Excavating, LLC will comply with FAA regulations in regard to the mining operation.
Dust & Dirt Excavating, LLC will coordinate with Weld County and the Greeley-Weld
Airport if the need arises to conduct nighttime operations. Currently we have already
had an FAA Aeronautical Study conducted for the proposed crane to install a slurry wall
and it was determined that no impact to airspace.
If you need additional information please do not hesitate to contact me at (303) 457-
0735.
Cordially,
9e Gi
J.C. York, P.E.
V I 1400 W 122n°Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735•Fax: 303.920-0343
• •
Michelle Martin
From: Michelle Martin
Sent: Thursday, October 23, 2008 9:06 AM
To: Bruce Barker
Subject: RE: Weld County Use By Special Review 1660 - Derr Pit
Thanks Bruce, I pass the information along to the applicant.
Original Message
From: Bruce Barker
Sent: Thursday, October 23, 2008 8:41 AM
To: Michelle Martin
Subject: RE: Weld County Use By Special Review 1660 - Derr Pit
CDOT's referral was so general that I am interpreting the Board's determination that no
traffic study was necessary to mean just that, and so their removal of that condition
negates the CDOT referral requirement. Note that the CDOT referral did not say, "no
access to Hwy 263 unless a traffic study is submitted. "
Original Message
From: Michelle Martin
Sent: Thursday, October 23, 2008 8:12 AM
To: Bruce Barker
Subject: RE: Weld County Use By Special Review 1660 - Derr Pit
Bruce,
I have attached a copy of CDOT's referral.
Michelle Martin
Original Message
From: Bruce Barker
Sent: Wednesday, October 22, 2008 5:06 PM
To: Michelle Martin
Subject: RE: Weld County Use By Special Review 1660 - Derr Pit
What does the CDOT referral require? Is it a traffic study for entrance/exit to Hwy 263,
or is it for the area in general?
Original Message
From: Michelle Martin
Sent: Wednesday, October 22, 2008 4:22 PM
To: Bruce Barker
Subject: FW: Weld County Use By Special Review 1660 - Derr Pit
Bruce,
I need a little direction. USR-1660 Derr pit was approved by the BOCC on Oct. 1, 2008 at
the meeting the Board stated that a traffic study was not needed because the thought CDOT
did not have jurisdiction in that area (Balsam ave and Hwy 263) . The condition did remain
on the resolution that the applicant shall address the conditions of CDOT referral which
does state a traffic report. (see the comments from the applicant and CDOT) What are
your thoughts on how the applicant should proceed?
Michelle Martin
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
1
FAX: (720) 652-4211 • •
From: Hice-Idler, Gloria [mailto:Gloria.Hice-Idler@DOT.STATE.CO.US]
Sent: Wednesday, October 22, 2008 2:38 PM
To: 'JC York'
Cc: Michelle Martin; Kim Ogle
Subject: RE: Weld County Use By Special Review 1660 - Derr Pit
SH 263 is still a state highway at Balsam. It stops being a state highway at the east end
of the airport. The City of Greeley refused to take SH 263 in this area. A traffic
impact study is still needed. And based upon that study, improvements may be necessary.
Michelle, you might want to correct the commissioners on this one.
Gloria Hice-Idler
Permit Supervisor
CDOT Region 4
1420 2nd Street
Greeley CO 80631
(970) 350-2148
From: JC York [mailto:JCYork@j-tconsulting.com]
Sent: Wednesday, October 22, 2008 2:00 PM
To: Hice-Idler, Gloria
Cc: 'Michelle Martin'
Subject: Weld County Use By Special Review 1660 - Derr Pit
Gloria -
I wanted to touch base with you regarding the conditions of approval for the Derr Pit Weld
County USR 1660. You had commented that a traffic impact study should be conducted in your
referral comments back to Weld County.
We recently received approval at the Weld County Commissioners Hearing on October 1, 2008
and just received the official resolution signed by the commissioners this week. During
the County Commissioners hearing we discussed the traffic study and indicated to the
Commissioners we were getting ready to have the study conducted, however the Commissioners
indicated that HWY 263 is now maintained by Weld County and is now known as Weld County
Road 60.5. The Commissioners also reviewed the proposed truck counts from the operation
and indicated a traffic study was not warranted for the intersection of WCR 41.5 (Balsam
Avenue) and 60.5 (used to be HWY 263) . I am assuming this is the same intersection you
wanted a traffic impact study performed.
We have not conducted a traffic study based on the response from the County Commissioners
so I wanted to contact you to make you aware of the situation. Please e-mail or give me a
call with any questions.
2
Regards, • •
J.C.
Mr. J.C. York, P.E.
J&T Consulting, Inc.
1400 West 122nd Avenue, Suite 120
Westminster, CO 80234
970-222-9530 (Cell)
303-457-0735 (Office)
303-920-0343 (FAX)
3
Hello