HomeMy WebLinkAbout20201353.tiffExhibit Submitted By
EXHIBIT INVENTORY CONTROL SHEET - 3
CASE 2MJUSR19-08-1660 - GLOBAL ASSET RECOVERY, LLC
Tyler
Page # Description
DD. Melvin Bickling
EE. Applicant
Taylor and Parker signed agreements and letters of
withdrawal of objections (received 5/5/2020) *See also
FF. Applicant 42 Exhibit PP
2
Hydrologic Assessment and Computer Modeling by
McGrane Water Engineering dated 1/31/2020
(received 5/4/2020)
Koehler progress email with agreement and letter dated
27 3/16/2020 (received 5/4/2020)
Murata progress email with agreement and letter dated
GG. Applicant 65 2/20/2020 (received 5/4/2020)
Francis Progress email with agreement and letter dated
3/16/2020 (received 5/4/2020)
HH. Applicant 77 *See also Exhibit QQ
Noise Study completed by Wave Engineering
II. Applicant 90 11/20/2019 (received 5/4/2020)
Offsite Private Well WTE's, Derr Pit Water Table
JJ. Applicant 99 Elevation Summary (received 5/5/2020)
KK. Applicant 107 Trucker Safety Protocols (received 5//2020)
EXHIBIT LIST CONTINUED TO DOCUMENT 2020-1358
2020-1353
McGrane Water Engineering 1-31-20
1. See table 2 (page 6) and 3 (page 7) and see the results of the water levels
caused by the Loloff and Derr and amendment slurry walls. Koehler wells are all in
the negative values.
2. See Figures 9 and 10. Koehler wells are either no change or minor change after
the dewatering of the Loloff and Derr pits.
3. With the slurry wall installation there is little to no benefit to Irrigation,
domestic and stock wells located north of C Street/ WRC 62.
McGrane Water Engineering, LLC
1669 Apple Valley Rd. • Lyons, CO 80540 it Phone: (303) 917-1247
dennis .Tncgranewater.com
January 31, 2020
Mr. JC York
.1cT Consulting, Inc.
305 Denver Avenue. Suite D
Ft. Lupton, CO 80621
Via email at: jo,orkfc j-tconsulting.com
RE: Derr Pit -Hydrologic Assessment and Computer Modeling
Dear Mr. York:
The Derr pit is located east of Greeley, in Section 4, Township 5 North, Range 65 West of the 6th
principal meridian in Weld County, Co., and is being developed by Broken Arrow Investments.
LLC (BAI). The Derr pit is permitted under Colorado Division of Reclamation, Mining and
Safety (DRMS) permit no. DRMS M-2008-017. BAI has amended their mining permit to mine
north of the existing pit to C Street, west of Cherry to Ave (CR-43) and east of Balsam St. (CR-
41,5) which is referred to as the "amendment" area. BAI seeks to install a slurry walls around
the Derr pit in 2020 and the amendment area in 2022.
BAI is seeking approval for a Use by Special Review (USR) amendment from the Weld County
Planning Department and the Board of County Commissioners (Board). At a USR hearing on
September 11, 2019, several vicinity well owners expressed concerns about dewatering impacts
around the pit. BAI asked to continue the hearing so these issues could be evaluated.
BAI retained McGrane Water Engineering (MWE) to evaluate groundwater level changes
associated with the proposed slurry walls. MWE has experience in this area since we conducted
the Loloff Pit — Slurry Wall Assessment (MWE, July 13, 2015). For this study, MWE expanded
the study area, evaluated additional monitoring well data and constructed a new model to
evaluate the combined effects of the Loloff and Derr pits slurry walls, and the addition of the
amendment area slurry wall.
Study Area
The Derr pit is located approximately 1/2 mile north of the Cache la Poudre (Poudre) River
approximately 5 miles from the confluence with the S. Platte River (PR). Figure 1 shows the
study area which centers on the existing Loloffpit, the Derr pit immediately to the east and the
amendment area to the north. The study area includes approximately 133 wells identified in the
Colorado Division of Water Resources' (DWG.) well database (CDWR, 2019). Most of the
D W R wells are used for domestic water supply, with a few for irrigation.
Slurry Walls
Slurry walls prevent groundwater from flowing into a pit. Once a slurry wall is installed, the
natural groundwater flow is impeded hich causes the water table to back-up and rise on the
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 2 of 24
upgradient side and decline on the downgradient side. Water level increases to within 10 feet of
the surface on the upgradient side of the pit could threaten flooding of basements, and in extreme
cases if water levels increase closer to ground surface encourage phreatophyte (such as cattails)
growth. A decline in water levels on the downgradient side could reduce the aquifer saturated
thickness and well yields if the decline is significant compared to the pump setting depth.
Available Data
Wecompiled hydrogeologic data from:
• Existing reports from the U.S. Geological Survey and Colorado Division of Water
Resources (see Sources below);
• Well permit completion reports from 133 registered alluvial wells (DWR wells) available
from the State's Well database located within the study area;
• Water level data from 18 monitoring wells located around the Derr pit; and
• Water levels measured at 15 offsite private registered wells located within a mile of the
site.
Hydrogeology
The hydrogeology of the SPR alluvial aquifer is described by Lindsay and Others (1998 and
2005), CD'M (2006 and 2013) and CSU (2013). Figure 2 shows the site surficial geology by
Tweto, 1979). The alluvium within the model areas consists of alluvial sand and gravel (Qa)
adjacent to the modern SPR and Poudre River flood plains, and older terrace alluvium (Qg)
outside the floodplain. The alluvium thins to the northeast where the Laramie shale (KI)
outcrops just outside the northeast corner of the model area.
Table 1 (end of report) shows compiled pertinent well data that includes: location (Colorado
State Plane North coordinates) depth, yield (gpm), water level when drilled, and depth to
bedrock calculated from geologic logs (if available). The upper portion of the Table shows the 18
Derr borehole/monitoring well data. The average well depth, water level when drilled and depth
to bedrock are 95, 13. and 85 feet respectively.
The center portion o►f the table include 15 private DWR wells that are currently being monitored
by BAI that are located within 1 mile of the Derr pit. The average well depth, water level when
drilled and depth to bedrock are 67, 28. and 60 feet respectively. The deeper depths reflect
ground surface elevations that increase to the north. Well yields range from 7 to 1200 gpm.
The lower portion of the table contain the remaining DWR wells within the model area. The
average well depth, water level when drilled and depth to bedrock are 51, 19, and 58 feet
respectively, whereas, well yields range from 0.75 to 1400 gpm.
Fredeve1opment Water Level Contours
Figure 2 shows the geology and reported water levels when drilled which best represent
"predeveloprent" or pre -mining conditions. The predevelopment water table elevation at wells,
and for the Poudre River (at 10 ft increments), were calculated by subtracting the depth to water
McGnne Water Engineering,LLC
1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
E -Mail: den ais@mcgra ew atcr.c om Web: up://www.mcgranewaterenginming.com anewaterengiiiecnng.c om
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 3 of 24
from J.S. Geological Surveyl Om Digital Elevation Model (DEM) elevation data. We did not
use Den monitoring well levels in Figure 2 because they are currently below pre -mining
conditions. We contoured the data using the US Geological Survey (Burr and Schneider (HS),
1972) water table map as a guide. The H&S maps were created in 1972 and are widely accepted
by hydrogeologists to represent "predevelopment" conditions.
Groundwater flows perpendicular to the contours and general toward the river. The contours
show that the water table generally flows from the northwest to the southeast across the model
area at a gradient controlled by the river. Overall, the water table drops approximately 30 feet
from northwest to southeast. A steeper gradient (closer contours) comes from the north as the
aquifer thins towards outcropping bedrock (Laramie Formation).
Bedrock Elevation Contours
Figure 3 shows the well permits and reported well depths. Figure 4 shows the calculated
bedrock elevation based on the ground elevation minus the reported depth to bedrock from a
"driller's" log. Wells with a less than (1) sign represent wells that did not encounter bedrock
based on their driller's logs. The data was used to update the bedrock elevation contours (aka.
structure map) published by the USGS (Hung and Schneider. 1972). The map shows a deep (over
100 foot deep) erosional "paleochannel" extending from the northwest to southeast across the
study area. The depression was eroded into the bedrock by the Poudre River thousands of years
ago before the river established its current depositional character. The bedrock elevation within
the paleochannel drops from approximately 4600 feet to approximately 4530 feet in elevation.
The Derr pit is on the southern flank of the paleochannel where the alluvium is deepest which is
conducive to gravel mining.
Saturated Thickness
The well saturated thickness is an important factor for evaluating impacts caused by changes in
water levels that could affect well yield. Figure 5 shows the borehole saturated aquifer
thicknesses calculated by subtracting the depth to bedrock minus the depth to water data.
Greater than (>) signs are used as prefixes for shallow wells that did not encounter bedrock based
on the driller's logs. The saturated thickness contours were obtained by subtracting the bedrock
surface elevation of model cells (Figure 3) from the modeled derived predevelopment water table
elevation (Figure 11). The contours show that the saturated aquifer thickness at the Derr pit
ranges from 55 to approximately 75 feet deep. and is 75 to over 80 feet thick in the amendment
area. The aquifer is thickest in the paleochannel and thins away from the river.
Reported Well Yield
Figure 6 shows reported well yields (gpm) range from under is gpm for domestic wells to 1,400
gpm for agricultural wells.
Aquifer Transmissivity
Figure 7 shows the contoured aquifer transmissivity (T) which is the product of the aquifer
hydraulic conductivity (a measure of permeability) multiplied by the saturated thickness (Figure
McGrane Wain Engineering, LLC
C
1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
E -Mail: dennis@mcgnewater.com We): up: :AFiciinvemegranewaterenginening.com
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 4 of 24
A5). We used a constant hydraulic conductivity of 625 ft/day that best matches the published
H&S transmissivity map (H&S, 1972). The transmisslvity is highest (300,000 to 400.000 gpolft)
within the paleochannel and decreases to the northwest and away from the channel.
Modeling
We used the USES (McDonald and Harbaugh, 1988) MODFLOW modeling program to
evaluate the effect of the existing Loloff and Derr Pit(s). We included the effect of the Loloff
pit in our analysis because we feel that it is important to determine the effects of all mining
activities on vicinity wells even though the Loloff slurry wall is already installed. We used the
Visual MODFLOW (VM) classic interface (version 4.6.0.167) to construct, run and display
model results. The model area is approximately 2 miles high and 3 miles wide (west to east)
centered on the pits, and consists of 55 rows and 73 columns using 200 -foot square model cells.
We conducted two "steady state" runs. The first representing predevelopment conditions that
establishes the water table flow direction and aquifer thickness prior to pit development. We
then use the same run with the pit cells off to simulate post slurry wall conditions. Because the
model cells do not allow flow through them, the upgradient water will mound up and flow
around the pit(s). By subtracting the post slurry wall water table elevations from the
predevelopment redevelo - rnent water table elevations, we are able to calculate the change in water levels caused
by the slurry walls.
Model Boundary conditions
Model boundary conditions include the Poudre River, and constant head cells on the west and
north side of the model and a few constant head cells on the east side of the model that were set
at predevelopment water table elevations to allow water to freely flow in and out of the model at
gradients tied to the river elevations. (Figure 2).
We assigned model river cell stage elevations every 10 feet using 10m DEM data, and then used
the VM interface to interpolate values linearly between the points. The western -most, upgradient
elevation was 4618 ft (msl) and the eastern -most downgradient elevation was 4581 ft (ms!).
We modeled the aquifer's hydraulic "connection" to the aquifer (ie. the ability of the river to
buffer effects of mining) using the MODFLOW "River" package which uses a streambed
conductance term (COIN) to calculate flow between the river and aquifer. A high level of
connection mitigates impacts by allowing water to freely flow between the river and aquifer.
COND is calculated as the product of the streambed unit conductance (Ksh/rn) times the wetted
river area (length * width). Ksb is the streambed vertical permeability and m is the streambed
thickness which we assume is 1 ft so that Ksb/m equals Ksb. CDM-Smith (2006, Figure 9)
evaluated the streambed permeability at three sites (SC -8. SC -13, and SC -14) within 10 miles of
the Derr pit, and came up with Ksb values ranging from 362 ft/day to 404 ft/day. We believe
these rates are too high because they are too close to horizontal K (kh) values. Tests conducted in 2009 by Leonard Rice Engineers, Inc. (Denver, Co.) in Twn. 2N., Rng. 66W., Sec. 18, arrived
at a Ksb value of 36 ft/day (Miller, 2009). We believe 36 ftiday is more accurate because it was
determined through rigorous aquifer testing and is approximately 10 times less than the Kh
McGrane Water nctTing, ILC
1669 Apple Valley Rd. • Lyons, Co 80540 • Phone: (303) 917-1247
E -Mail: dennis@nacgranov atcr.coin Wel): ttp://www.mcgranewaterengineering.com
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 5 of 24
value. A 10:1 KIVICv ratio is a common ratio used for alluvial aquifers. Therefore, to be
conservative, we decided to reduce the connection to the river by using a Ksb of 36 ft/day.
Based on average streambed widths measured from Google Earth (1/27/2017), we calculated a
COND value of 396000 ft^2/day as shown in the table below.
River
Length
(ft)
Width
(ft)
Ksb►/rn
lda,yf-1)
COND
(ft"2/da
y)
Pouch
re
200
55
36
396000
'C ration► "Rem
Figure 8 compares the modeled predevelopment water level to the target water level contours
created from existing well data sets. In a perfectly "calibrated" model, the modeled and
observed contours would overlap. The 4620 ft elevation contours and the 4640 ft contour on the
western model boundary match very closely. There is some difference between the 4630 to 4660
ft contours in the central to northern model area. We feel that to pull the modeled contours
further north would have involved increasing the model hydraulic conductivity (a measure of
permeability) above what we consider reasonable. Therefore, we believe our modeled water
table is likely more accurate than the predevelopment water table (white contour lines) target.
The figure below compares the measured DW R water levels with output from the model
(DerrSS3 run) at the cells containing wells. The plot shows that the model is very accurate
(close to the line representing a perfect match of slope = 1) between the 4610 and 4640 foot
elevation levels which includes the pits and most of the wells.
Derr Pit Modeled verses Measured Water Levels
4680
4670
Modeled Water Table Elevation
4660
4650
4640
4630
4620
4610
4600
4590
•s•
•
•
40
• • • •
i 44:tts
4
leas
• •
4580
4580 4590 4600 4610 4620 4630 4640 4650 4660 4670
Measured Water Table Elevation
Additional time could have been spent trying to improve the match so all the data plotted closer
to the theoretically perfect line with slope of 1 shown. However, a perfect match is not possible
McGrane Water Engines LLC
1669 Apple Valle), Rd. • Lyons. CO 80540 • Phone: (303) 917-1247
E -Mail: dl nnis@rncgnnewatcr.com Web: tip://www.mcgranewaterengineering.com
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 6 of 24
due to measurement error and annual and seasonal differences between measurements, so we do
not believe the effort ould result in more accurate model forecasts.
Modeling Approach
We conducted three "steady state" runs using the model; the first (DerrSS3) establishes the
"predev eloprnent water table (Figure 2) and aquifer thickness (Figure 5). We then use
predevelopment run heads (ie. water table elevations) as input into the "impact" runs
(DerrSS3_wPit and DerrSS3_wNDerrPit) DerrPit) with the pit cells off, to simulate post -slurry wall
conditions. We calculated the change in water levels caused by slurry walls by subtracting the
post slurry wall water table elevations from the predevelopment water table elevations. Through
this process, we were able to create contour lines showing regional water table changes and
tabulate "impacts" at individual wells.
Water Level Changes Caused by Slurry Walls
After both the Loloff and Derr pit slurry walls are installed, the model predicts that water levels
will rise approximately 2.5 feet on the upgradient sides of the pits (Figure 9) and drop less than
one (-1) foot on the downgradient (south) side of the pits.
With the addition of the Derr Amendment slurry wall, the model predicts that water levels will
rise approximately 3 feet on the upgradient sides of the pits (Figure 10) and drop up to -2.5 on
the downgradient (south and east) sides near existing wells. Water levels between the Derr and
the amendment slurry walls are expected to decline between -4 to -5 feet. but there are no private
wells in that area.
Predicted Changes at Private Wells
Table 2 shows that if the Loloff and Derr slurry walls are installed, then ten wells could expect
water levels to increase or decrease at least +1- 0.5 feet compared to predevelopment conditions.
The maximum upgradient increase is approximately 1.6 ft at the Parker domestic well. The
maximum downgradient decrease is -0.9 ft at the Taylor and Baab domestic wells. Table 2 also
compares the modeled drawdown from predevelopment conditions to actual based on January,
2020 data (discussed below).
Table
2 -Change
in Water Levels Caused by Loloff
and Derr Slurry Walls
Well Location
Well Owner (type)
Well
Permit
Depth
(ft)
Modeled
Predevelop-
ment
Water
Depth
UM
to
Modeled
Change
Water
tfti
in
Levels
Modeled
Predicted
Depth* (ft)
Depth to
Water (t)
1/912020
Current
Drawdown*
Predes�eloprment
Conditions
from
fibKoehler
(Domestic)
314643
52
40.5
0.8
_ _sr—_
39.7
49.2
Koehler (stock)
314644
52
39.2
0.7
38.5
41.8
-2.6
Davis (Irrigation)
14960-R
101
38.8
1.0
37.8
47.2
-8.4
Upgradient
Parker (Domestic)
44673
72
35.9
1.6
34.3
42.5
-6.6
Wells
I Harrell (Domestic)
226878-A
50
10.1
0.7
9,4
10.9
-0.8
Harrell (Irrigation)
287278
30
11.3
0.9
10.4
10.2
1.1
Ruiand, Bud
421-WCB
87
23.5*
1.4
22.1*
ND
ND
Do vrrgradie
t
Taylor (Domestic)
223885-A
44
9.9
-0.9
10.8
19.3
-9.4
Fells
Baab, A C (dory stic)
620-wCB
45 I
9.3*
-0.9
10.2*
NDND
Orona (Domestic)
28174
ND : 11.3*
-0.7
12.0*
ND
ND
Notes: ND = No Data
*Calculated
based on DEM data
ground elevations
McGrane Water Engineering, LTC
1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
(Icnnis@nwgranewater.com Web: ttp://winvamegranewaterengiiketning.com
Derr Pit - Groundwater Modeling Report
January 31, 2020
Page 7 of 24
Table 3 shows that if the Loloff, Derr and amendment area slurry walls are installed, then
thirteen (13) wells could expect water levels to increase or decrease at least +1- 0.5 feet compared
to predevelopment conditions. The maximum increase is approximately 3.2 ft at the Davis well
and maximum decrease is -2.1 ft at the Murata well. Table 3 also compares the modeled
drawdown from predevelopment conditions to actual based on January, 2020 data (discussed
below).
Table 3 - Change in Water Levels Caused by Loloff, Derr and Derr Amendment Slum
.
Walls
Well Location
Well ()n ner (tl pe)
Well
Permit
Depth
(ft)
Modeled
Predevelop-
went Depth
to Water (ft)
Modeled
Change in
Water Levels
(ft)C
Modeled
Predicted
Depth* (ft)
Depth to
Water (ft)
1/9/2020
Current
D rawdown
from
@redevelopment
n1t )
[1pgrdient
Wells
Koehler (Domestic)
314643
52 ,
40.5 I
2.7
37.8
48.7
-8.2
Koehler
(Stock)
314644
52
39.2
2.6
36.6
47.7
-8.5
Koehler {irrigation)
11564-R
110
41.1
0.5
40.6
50.2
-9.1
Davis (Irrigation)
14960-R
101
38.8
3.2
35.6 -
47.2
-8.4
Parker (Domestic)
44673
72
35.9
1.4
34.5
421
-6.2
Harrell
(Domestic)
226878-A
50
10.1
0.7
9.4
10.7
-0.6
Harrell (Irrigation)
287278
30
11.3
0.9
10.4
10.1
1.2
Hofner (Domestic)
13200-F
95
36.1
1.2
34.9
45.1
-9.0
Ruland (domestic)
421-WCB
87
23.5*
1.5
_
22.0*
ND
ND
Downgradicnt
Wells
Taylor (Domestic)
223885-A
44
9.9
-0.9
10.8
18.0
-8.1
Murata (Domestic) .,
246784
80
39.5
-2, l
41.6
49.2
-9.7
Bath, A C (domestic)
620-WCH
45
9.3*
-1.0
10.3*
ND
ND
(_krona (Domestic) ,
28174
1
ND
_
11.3*
-0.8
12.1*
ND
ND
Notes: ND
"Calculated
= No Data
based on DEN1 data ground elevations
Benefits ofSl urry Walls Compared to Ex 1st ing Conditions
The installation of slurry walls benefits existing wellowners by allowing pumping to cease so
groundwater levels can recover. Tables 2 and 3 also show current dewatering at impacted wells
on the right side of each table which was determined by subtracting the measured January, 2020
water level depths ( ,gPro, January, 2020) from the modeled depths at predevelopment
conditions. The resulting current drawdown ranges from a positive 1.2 feet (mounding) at the
Harrell irrigation well to -9.7 feet at the Murata domestic well.
The current rise of 1.2 ft in the Harrell well is caused by the Loloff pit slurry wall as predicted by
earlier modeling of impacts caused by the Loloff pit slurry wall (MWE, 2015). The Loloff slurry
wall was expected to increase water levels approximately +1.5 ft at the Harrell well and cause a -
1.5 ft drop downgradient. Therefore, the existing maximum -9.7 ft "impact" caused by Derr pit
dewatering at the Murata well location is 7.6 ft more (9.7 - 2.1 ft) than what was predicted by
the model. Therefore, it would benefit Murata and all other vicinity well owners if BAI installs
the Den- pit slurry wall as soon as possible to allow water levels to recover to the Modeled
Predicted Depths shown in Tables 2 and 3.
McGrane Water Engines, LLC
1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
1• '1 ail: derinis@rt rane "ater.c•orn Web: tip:,//wmv.mcgranc\vatcrengineeling.com
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 8 of 24
The predicted depth to water of 9.4 feet at the Harrell well is not a concern because he does not
have a basement (per J&T Consulting 12-2-19). However, BAI should continue to monitor the
Harrell well after the additional slurry walls are installed to validate the accuracy of the model.
Model Sensitivity
tivity
The modeled mound and drawdown impacts are insensitive to the permeability of the aquifer,
referred to as the aquifer hydraulic conductivity (K). K is calculated by dividing the
transmissivity (T) by the aquifer thickness. An increase in K causes a proportional increase in
model inflows, but also increases the hydraulic connection with the Poudre River which offsets
any additional mounding or shadow effects. Therefore, we would not expect any different results
if the aquifer permeability were different to what we used in the model.
The model results are likely very sensitive to the presence of the Poudre River, but there is no
realistic chance that the Poudre river will cease flowing due to strict river administration by the
State. Model results are insensitive to streambed leakance due to the relatively large distance
that the Derr pit is away from the river. Even using a conservatively low Ksb value of 36 ft/day,
the Poudre river bottom is sufficiently permeable to quickly respond to changes in groundwater
levels caused by slurry walls.
Model Uncertainty
There is error in the predictions of any groundwater model. Models include three types of error:
1) conceptual error (how the model is set up and what boundary conditions are used); 2)
parametric error (how aquifer properties are measured and calculated); and 3) predictive error
(which includes other influences such as seasonal recharge or climate change variations). It was
beyond the scope of this project to quantitatively evaluate how the sum of these errors could
affect the accuracy of our predictions. However, we feel the model is accurate because:
• The model input data sets including aquifer parameters and water levels were carefully
created using the most recent data and historical research, modeling and USES reports;
• The aquifer boundary conditions and model conceptualization are simple and intuitively
reasonable;
• We spent a considerable time calibrating" the model water levels to measured values;
• The results were consistent with other vicinity models created for other clients, and
• The results are insensitive to a wide variation to input parameters.
Conclusions
We conclude:
• The model was constructed after considering all available hydrogeologic data.
• The model is "calibrated" to private well data located near the vicinity of the Loloff, and
Derr pits as shown by Figure 8 and in the calibration plot above.
• Table 2 shows that if the Loloff and Derr slurry walls are installed, then ten (10) wells
could be impacted. The maximum increase in water levels to upgradient wells is
McGrane Water leering LLC
1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
E -Mail: derinis@nicc-anewater.co1n Web: ttp:// nnv.mc arses aterelrgineering.ccnn
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 9 of 24
approximately 1.6 ft at the Parker domestic well. The greatest downgradient decrease is -
0.9 ft at the Taylor and Baab domestic wells.
• Table 3 shows that if the Lolof, ', Derr and amendment area slurry walls are installed, then
thirteen (13) wells could be impacted. The maximum upgradient increase is
approximately 3.2 ft at the Davis well, and maximum dovvngradient decrease is -2.1 ft at
the Murata well.
• The amount of current dewatering ranges froma positive 1.2 ft at the Harrell irrigation
well to -9.7 ft at the Murata domestic well (Table 3).
• The modeled drawdown caused by slurry w ails is less than current drawdown conditions.
Based on our evaluation and modeling, we strongly believe that installing a slurry wall around
the Derr pit will improve existing groundwater conditions for all nearby private well owners
because water levels will recover from existing conditions. After recovery, water levels will
likely mound on the upgradient sides of the pits, but not enough to flood existing basements.
Downgradient, existing wells will likely see lower water levels compared to preexisting
p
conditions, but higher levels than today. We do not believe any downgradient wells will
experience significant adverse impacts such as a measurable decline in well yield.
Recommendations
We therefore recommend that BAI should install a slurry wall around the Derr pit as soon as
possible. This would allow ongoing dewatering to cease and water levels to recover. Full
recovery could take 1 to 2 years. During the meantime, we recommend that BA!:
• Continue to monitoring the 18 Derr monitoring wells and vicinity private wells on a
monthly basis until the slurry wall is installed. and less frequent thereafter until recovery
is complete; and
• Although not anticipated, if upgradient mounding does cause any flooding, mitigate the
situation by the use of sump pumps or drains.
Sources
AgPROfessionals, January, 2020. January, 2020 Offsite Private Well monthly WTE.pfd. Email from
Matthew Koch (AgPros) to JC York, dated January 10, 2019.
CDM-Smith. April, 2013. South Platte Decision Su port S stem Alluvial Groundwater Model Report.
Colorado Division of Water Resources (DWR) Well Data Base. 2019.
https://dwr.state.co.usiTools/WellPermits
Hurr, R.T and Schneider, P., 1972. Hydrogeologic Characteristics of the valley Fill Acuifer in the
Greeley Reach of the South Platte River Valley, Colorado. USGS Open File Report 73-124.
Langer, W. I---1., and Lindsey, D. A., 1999. Preliminary deposit models for sand and gravel in the Cache la
Poudre River valley: U.S. Geological Survey Open -File Report 99- 587, 27 p.
McGi uc Water F ine ri , UC
1669 Apple valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
l:-1 i;iil: <lcta►ais '.. r acgrane«'ater.com \\ rub: n : i/www. mcgranewatererigincning.com
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 10 of 24
Lindsay, D.A., Langer, W.H., and Knepper, I . -L, 2005. Stratigraphy,Lithology, and Sedimentary
Features of Quaterna Alluvial De osits of the South. Platte River and Some of its Tributaries East of the
Front Range, Colorado. US. Geological Survey Professional Paper 1705.
Lindsey, D. A., Langer, W. H., and Shary, J. F., 1998, Gravel deposits of the South Platte River valley
north of Denver, Colorado. Part B -- C uality of gravel deposits fora re ate: U. S. Geological Survey
Open -File Report 98-148-B. 24 p.
McGrane Water Engineering, l 1 c. December 2, 2019. Derr Pit Private Well Evaluation, a letter report
prepared for Mr. JC York, J&T Consulting, Inc., Ft. Lupton, Co.
1' IcGrane Water Engineering, lk. July 13, 2015. Loloce Pit Slurry Wall Assessment, a letter report
prepared for Mr. JC York, J&T Consulting, Inc., Ft. Lupton, Co.
Professional Credentials
The technical material in this report was prepared by or under the supervision and direction of Dennis
McGrane P.E, C.P.G., whose seal as a Professional Engineer in the State of Colorado and American
Institute of Professional Geologists (AIR )) Certified Profession Geologist (CPG) are affixed below:
Dennis McGrane, P.E., C.P.I.
McGrane Water Engineering, LLC
1669 Apple Valley Rd. a Lyons, CO 80540 • Phone: (303) 917-1247
14: -Mail: derinisopincgt;utcwasenco n up:fi tivivenieg -anc• vatetengi ice ingroni
Derr Pit a Groundwater Modeling Report
January 31, 2020
Table Al
SE° Well Permit Data
TAM FS
Page 11 of 24
Contact Name
Permit
Well Type
Easting
(Co. State
Plane N)
Northing
(Co. State
Plane N)
Use
Well
Depth
(ft)
(gPm)
Well
Yield
Water
Level
when
drilled (ft)
Depth to
Bedrock
Derr Monitoring
Wells
BAI LLC -- MW1
311484
Derr MW
3231569
1400025
Monitoring
55
NA
8
49
BAI LLC a MW2
311485
Derr MW
3232340
1400007
Monitoring
90
NA
9
85
BAI LLC - MW3
311486
Derr MW
3233128
1399995
Monitoring
89
NA
18
83
BAI LLC - MW4
311487
Derr MW
3233085
1400588
Monitoring
88
NA
12
79
BAI LLC - MWS
311488 ;
Derr MW
3233001
1400946
Monitoring `
86
NA
9
79
BAI LLC - MW6
311489
Derr MW
3232321
1401076
Monitoring
94
NA
15
88
BAI LLC - MW7
311490
Derr MW
3231586
1401049
Monitoring
79
NA
17
76
BAI LLC - MW8
311491
Derr MW
3231575
1400711
Monitoring
85
NA
13
76
BAI LLC - MW9
311492
Derr MW
3231947
1401012
Monitoring
94
NA
15
86
BAI LLC - MW 10
311493
Derr MW
3232630
1400963
Monitoring
89
NA
NA
81
BAI LLC - MW11
311494
Derr MW
3232416
1400568
Monitoring
94
R
NA
NA
85
BAI LLC - MW12
311495
Derr MW
3231940
1400}54
Monitoring
79
NA
NA
72
BAI LLC - MW13
311496
Derr MW
3232685
a
1400045
Monitoring
4
98
NA
NA
84
BAI LLC - MW 14
311497
Derr MW
3233468
1400239
Monitoring
120
NA
NA
NA
BAI LLC - MW 15
311498
Derr MW
3232582
1401465
Monitoring
119
NA
NA
111
BAI LLC - MW 16
314935
Derr MW
3234118
1400.67.2
Monitoring
115
NA
NA
113
BAI LLC - MW 17
314936
Derr MW
3234121
1402469
Monitoring
120
NA
NA
NA
BAI LLC - MW18
314937
Derr MW
3232034 ,
1402495
Monitoring
114
NA
NA
113
Min
55
8
49
Max
120
18
113
Average
95
13
85
DWR Wells Monitored By BAI
RULAND, P L
44673
DWR Well*
3231413
1401790
72
i
NA
40
NA
Domestic,
Stock
FRANCIS, ROBERT D
135883
DWR Well*
3230371
1399629
Domestic
32
40
NA
NA
NOFFSINGER MANUFACTURING
CO INC
246784
DWR Well*
3233718
1400310
Domestic
80
15
44
NA
HARRELL, BRIAN K
287278
DWR Well*
3230189
1400978
Stock
30
50
NA
NA
JAMES R KOEHLER REVOCABLE
TRUST (KOEHLER, JAMES R.)
314643
DWR Well*
3232902
1402696
Domestic
52
7
NA
NA
JAMES R
TRUST (KOEHLER,
KOEHLER REVOCABLE
JAMES R.)
314644
DWR Well*
3233339
1402688
Stock
52
7
NA
NA
KOEHLER, CONRAD
11564-R
DWR Well*
32328.43
1403893
Irrigation
110
1200
35
NA
BLISS, DAVID C.
k 12334 -R -R
DWR Well*
3232791
1405182
Irrigation
90
600
48
87
WINTER, FRED J
13199-F
DWR Well*
3234819
1405182
Irrigation
108
800
40
106
WINTER, FRED J
13200-F
DWR Well*
3234216
4
1402508
Irrigation
95
1200
30
NA
SORIN
PARTNERS
NATURAL RESOURCE
LLC
149604
DWR Well*
3232767
1402519
Irrigation
101
1150
31
NA
TAYLOR, JAMES A
223885-A
DWR Well*
3231391
1399877
Domestic
44
10
11
41
HARRELL ELDON L & PATRICIA J
226878-A
DWR Well*
3229993
1401079
Domestic,
Stock
50
15
16
43
FRANCIS, ROBERT
26555-A
DWR Well
3230476
1399537
Stock
44
20
7
42
FRANCIS, ROBERT D
30562-F
DWR Well*
3230484
1399612
Irrigation
38.5
250
5
38
Min
30
7
5
38
Max
3230476
1399537
110
1200
48
106
Average
67
383
28
60
McGrane Water Engineering, LLC
C
1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
E -Mail: dennis@mcg-ranewater.com Web: ttp:, ws5nv.n cip- Encwaterengiiieeri ig.nnn
Den Pit - Groundwater Modeling Report
January 31, 2020
Page 12 of 24
Contact Name
Well Type
-
Lasting
(Co. State
Plane N)
Northing
(Co. State
Plane N)
Use
Well
Depth
(ft)
Water
Level
when
drilled (ft)
Well
Yield
(9pm)
Depth to
Bedrock
Permit
r
Other DWR Wells In Model Area
RIMKO
3204
DWR
Well
3228214
1396580
Domestic
50
30
14
NA
WALKER JOHN J&SON
3739
DWR Well
3237489
1396658
Domestic
24
15
NA
NA
BROUGHTON, FLORENCE
5099
DWR
Well
3233573
1397085
Domestic
54
10
38
NA
'GOODFELLOW, BUD
8324
DWR Well
3228217
1397939
Domestic
35
60
11
NA
SLAVENSKI,
ELSIE L
9844 _
DWR Well
3233561
1396623
Domestic
36
10
9
NA
HUNGENBERG,
DONALD
14658
DWR Well
3231704
1405357
Domestic
79
16
36
NA
VANBEBER,
HAROLD
16038
i DWR Well
3229214
1400242
Domestic
25
24
4
NA
DYER,
CLIFFORD
R
19156
DWR
Well
3226018
1399801
Domestic
29
75
12
28
WILLIAMS,
MARTIN
20307
DWR
Well
3228401
1398550
Domestic
23
50
6
NA
BRAWNER,
HOWARD
21555
DWR
Well
3225604
1399409
Domestic
20
10
5
NA
BIG
R OF GREELEY
22150
DWR Well
3229084
1399816
Domestic
180
0/5
8
40
STOUT,
LIDA
23312
DWR
Well
3229119
1401436
Domestic
25
10
5
NA
VANBEBER,
HAROLD
25941
DWR Well
3229625
1400164
Domestic
31
50
2
NA
ORONA,
MANUEL
28174
DWR Well
3231731
1399758
Domestic
19
20
8
NA
DAVIS,
ROBERT
S
28964
DWR.
Well
3236316
1400033
Domestic
48
20
30
I NA
DILKA,
DONALD
44539
DWR.
Well
3229092
1401165
Domestic
34
25
3
NA
-
THOMPSON
NOFFSI.NGER
ROBERT
MANU
&
C
44981
DWR Well
I
3229529
1398925
Domestic.
Stock
33
25
NA
27
PARKER,
J A
-
45785
DWR Well
3228565
1404901
Domestic
80
15
NA
NA
CAMPBELL
SCOTT
& KIM
60123
DWR Well
3228254
1405985
Domestic
92
20
35
NA
DYER,
CLIFFORD
R
72586
DWR Well
3227608
, 1401769
Domestic
46
20
4
NA
CUMMINS,
EDNA
L
90572
DWR Well
32286.21
I 1396641
Domestic
48
15
19
46
GLENDENNING.
ED
105592
DWR WeJJ
3235731
1398188
Domestic
60
15
12
NA.
SCHWEERS
REX
R & LUCILLE J
115380
DWR Well
3230000
1402914
Domestic
116.5
15
34
111
NICCOLI
CHARLES
E & JUDY M
123793
DWR Well
3239301
1402369
Domestic
99
30
40
NA
ARNOLD,]
130671
DWR Well
3228228
1401687
Stock
14
NA
NA
NA
DONOHO,
JAYNA
158710
DWR Well
3225428
1407008
Commercial
70
12
4S
UNITOG
RENTAL SERV
169393
DWR Well
32.27778
1398235
Monitoring
NA
NA
NA
31
UNITOG
RENTAL
SERV
169394
DWR Well
3227780
1398534
Monitoring
15
NA
NA
NA
ASSOCIATED
NATURAL
GAS INC
177161
DWR Well
3226922 ,
1405821
Commercial
109
1000
53
109
ROTHE,
TED
259513
DWR Well
3229043
1400920
Commercial
_
27
SO
NA
27
JAY INVESTMENTS
LLC
265613
DWR Well
3228289
1400217
Commercial
21
50
6
NA
BUSS
PRODUCE
COMPANY
280641
DWR Well
3235033
1398515
Domestic
70
500
12
NA
CITY
OF GREELEY
307871
DWR Well
3228744
1398614
Monitoring
35
NA
7.5
NA
CITY
OF GREELEY PUBLIC WORKS
309494
DWR Well
3225755
1396146
Monitoring I
34
NA
17
NA
CITY
OF
GREELEY
PUBLIC WORKS
313430
DWR Well
3228486
1397881
Monitoring
30
NA
16
NA
MARTIN
PRODUCE
COMPANY
10924-F
DWR
Well
3227729
1398573
Commercial
46
350
18
29
FREI
LUDWIG & LOUISE
11581-R
DWR
Well
3239224
1397871
'
Irrigation
25
NA
6
NA
FREI
LUDWIG & LOUISE
11582-R
DWR
Well
3239273
1398223
Irrigation
50
NA
22 I
NA
GAIRIK
INC
12038-R
DWR
Well
3225114
1406289
Irrigation
50
NA
22
NA
GEHRING,
CARL
12678-R
DWR
Well
3234937
1398223
Irrigation
30
NA
12
NA
MEISINGER,
FRED
12713-R
DWR
Well
3229107
1402411
Irrigation
50
18
15
NA
BLACKWELL
MERLE E
12725-R
DWR
Well
3228607
1403951
Irrigation
73
300
14
NA
HUNGENBURG MC FARMS LLLP
12798 -R
-R
DWR Well
3229456
1405087
Stock
116
1000
50
NA
ARNOLD, J
130671-A
DWR Well
3228103
1401791
Stock
19
15
2.5
NA
MURATA, GENE
13196-A
DWR Well
3239571
1402335
Domestic
100
24
39
NA
MIDEXCO, CONSTR
134824-A
DWR
Well
3230583
1399061
Domestic
35
15
7
29.5
PHAM HOANGYEN THI
137543-A
i
DWR Well
3234184
1395990
Domestic
40
36
6
36
WALKER & SONS JOHN J
13884-R
DWR Well
3238470
1397866
Irrigation
40
NA
5
NA
VARRA COMPANIES INC
14869-R
DWR Well
3238739
1397282
Irrigation
40
NA
18
NA
ANDERSEN KENNETH & SANDRA
161382-A
DWR Well
3234840
1397914
Irrigation
50
16
12
NA
MONFORT PACKING CO
16885-F
DWR
Well
3225246
1405005
Industrial
69
1325
14
NA
McGraae Water Engineering, Lie
1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
L- It it: dennis@mcgranewater.com Web: ttp://werww.nwrgranewatereIigineerillg.cOili
Derr Pit a Groundwater Modeling Report
January 31, 2020
Contact Name
Permit
Well Type
Eastitg
(Cos State
Plane N)
Northing
(Co. State
Mane N)
MONFORT PACKING CO
16885-F
MONFORT FEEDLOTS INC
MONFORT FEEDLOTS INC
182914
18298-F
Wen
Depth
(ft)
Page 13 of 24
Wate r
Level
when
drilled (ft)
Depth to
Bedrock
Other DWR Wells In Model Area (continued)
DWR Well
3225246 1405005
Industrial
69 1325
MONFORT FEEDLOTS INC
MONFORT FEEDLOTS INC
18299-F
DWR Well
3225410 1405019 Commercial 73 1320
14
NA
14
72
DWR Well 3225403 I 1405094 Corn merciai 72 1400
DWR Well 3225307 1405176 Commercial
PLNG ASSOC
ZABIOk FARMS INC
CHURCH OF JESUS CHRIST
18300-F
19089 -MR
19426 -R -R
19427-R
CO INC
20193-F
14
71
71 1400
14
71
DWR. Well 3225389 1405242 Co m mercial 71 895
DWR Well 3233577 1400588 Monitoring
DWR Well 3236873 1404716 • Irrigation
DWR Well 3238369 1404822 Irrigation
DWR Well
CO INC
WISCONSIN
20194-F
3226378 1399806 Industrial
71
39
100 800
75 NA
41 220
DWR Well 3226379 1399704
2020-F I DWR Well 3233936 1399267
SHERLEY ANN MCELROY
205113-A DWR Well
3229024 1402006
Industrial
Irrigation
Stock
STERNBERG, CLAUS B
224040-A DWR Well
TONEY, THOMAS
23312-A
41 180
25 NA
3237133 1398612 Domestic
45 15
NA
NA
NA
33
6
31
NA
NA
60 10
DWR Well 3229063 1401514
Domestic
70 15
30
68
65
GREELEY LOCKER & MEAT CO
2368-F
DWR Well 3230897 1399299
PETERSON, W
HANSON, EXCAVATING
MARTIN PRODUCE CO
ARNOLD, JERRY
K S PROPERTIES LLC
DWR Well 3225594 1400822
Commercial
industrial
30 30
28 55
4
25
9
NA
DWR Well 3237491 1397961
Monitoring
DWR Well 3225890 1399672
Commercial
27 NA
30 350
7
IAA
14
30
DWR Well 3228110 1401217
DWR Well
DWR Well
DWR Well
3234856
3229570
3236216
Domestic
42 16
7.5
NA
1397917 Domestic
1400697 irrigation
70 20
21 400
24
70
6
NA
1401870 Irrigation
86 1200
ALLNUTT FUNERAL SERVICE
37944-M
37945-M
37946-M
DWR Well
DWR Well
3226324
3226376
DWR Well
3226461
1397784 Monitoring
1397902 Monitoring
1397909 Monitoring
22
31
NA
NA
22
22
NA
DWR Well
DWR Well
3226554
3226556
1397736 Monitoring
1397864 Monitoring
22
22
NA
NA
NA
NA
NA
NA
NA
NA
39156-F
DWR Well
3225660
1396139 Commercial
TRIPLETT/WOOLF 8t GARRETsON
39173-F
DWR Well
3226556
1397864 Other
38
42
15
NA
14
NA
ROLAND, BUD
OFFEN PETROLEUM
ROXANNE L
AIKENS GEORGE & CARLY
REED, FRED
DINGEMAN, TOM
DINGEMAN, TOM
CHARLES WARREN TRUST
421-WCB
42443 -MR
4518 -R -R
4595-8-R
465-WCB
47086-MH
47087 -MR
48096-F
DWR Well 3230928 1401974
DWR Well 3228228 1399337 Monitoring
Stock
87
10
40
NA
DWR Well 3234207 1406056 Irrigation
DWR Well 3239584
DWR Well
15 NA
80 600
1402279 Municipal 135 1040
3228249 1402137 Irrigation
DWR Well
3229549 1397940 Monitoring
3229547 1396591 Monitoring
LEAFGR EN
CRAZY BEAR, KRISTA
GREELEY CITY OF
BT CONSTRUCTION INC
JUSTIN)
48096 -F -R
25 NA
40
NA
NA
30
39
NA
78
134
NA
NA
20 I NA
3239479 1406411 I rrigatio n
3239476 1406365
Irrigation
NA
NA
52 NA
NA
49 900
18.5
49
3232950 1396045
59117-DW
DWR Well
Domestic
60 10
44
57
3236193 1398286
Monitoring
30 NA
14
NA
3225760 1404105
59216-MH DWR Well
3229376 1398424
Dewatering
Monitoring
CITY OF GREELE'Y PUBLIC WORKS 59488-MH
SAAB, A C
620-WCB
DWR Well
DWR Well
GREELEY HOLDINGS LLC
68387 -F -R
DWR WVeII
3228486 1397881
3231615 1400532
42 200
7
NA
30 NA
29
NA
Monitoring
Irrigation
30 NA
45 800
3232566 1397720 Commercial
WATSON, JO H N
WILLIAMS, ELDO
779-WCB
DWR Well
3228194 1406111 Domestic
16
9
NA
34
60 250
122
25
35
50
57
121
780-WWCB
DWR Well
3239367
ADAMS LESTER & BERTHA E
FARR FARMS
SMITH DRY GOODS
Max
Average
78326-A
DWR Well
1403876 L NA
3228967 1405702
833-WCB
DWR Well
3229547 1396591
Domestic
82
108
821
15
36
43
77
NA
Stock
15
835-WCB
na
na
DWR Well
3225176 1398112
Industrial 36
na
na
na na
na na
na
na
na
na
na na
na
14
10
6
NA
180
10
15
NA
0.75
1400
2
53
25
134
51
262
19
58
McGranc Water Engineering, LLC
1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247
dermis@mcgranewatersoni Web: tip:,? \V.mr g anewalerengii ieenng.com
Derr Pit - Groundwater Modeling Report
January 31, 2020 Page 14 of 4
FIGURES
Cram Water Engineering, LLC
1669 Apple Valley Rd. • Lyons. CO 80540 • Phone: (3 03) 917-1247
Fa -Mail: tlenfiS@rncgrarlewater.coir Web: up://www.megranewaterengineering.com
65w
158710
12038-R
835-W CB
37943-M
37942-M
39156-F 309494
177161.
32
46 5 -WC B
130671--A
72586
779-WCB
fi
A 60123
' 78326--A
12798 -R -R
45785
A
12725-R
115380 -
12-7-3-4 1 -
A 205113--A 421-WCl l
44673a
1_297435
L f
130671` 23312--A r .
23311_"', 44539 226878-A
269691--A 259513 •
2947-F \ 287278
265613 16038 .4
5'' /�' 31148
22150 25941 223885-A
42443-M H
10924-F._r'169
qq 169393 2030
373c�79 N7 8324 ,
39173-F --31343
37945-M 59488-MH
7871
I. 59216- Mil
47086 -MN
A
..477: -MH
{�
833-WCB
Figure 1
Study Area and Wells
Derr- Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, J&T Consultants,
ESRI World Tope Map
1
1149` s ri
311490 311489 311488,E
311493
311494n 31
311495 311
4 11485
68387 -F -R
Map Legend
Derr Monitoring Well
4518 -R -R
3141935
_43199-F
Derr Pit Amendment Monitoring
Well
Registered Well Used for
Monitoring
DWR Water Well
48096-F
xN
48096 -F -R
t
19426 -R -R
374 -WC&
�7
Well points labeled with DWR permit number.
Date: November 22, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
224040--A
51423-MH 11582-R
2458641H 13884-R
14869 -Ft
1 Feet
£1,500 3,000
Model Extent
Loloff Pit with Slurry Wall
26
3e
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
cGrane Water
Engineering, LLC
1(r
76
iI 1--- _n
4643
4646
t
4636
437
4637
4636
".4636
. 4640
4642
4639 4633
`�
fit X4
4637 637
4634
4606 1A651
4638
4641 ti
4652
4634
A
4665
4639
4637 A 1J��iS�}��y ,, 4632
. A 4638
4631
4635
4624
4636 4631 NA
4635
4630
r"
4636 46A .h, 4632
I tie.14632
4623
4630
4631
4627
4606
4629
4625
`'4625
4638 S
Q
6334639
4644
33
4632
Qg
4635
NA NA
463Sr • a
4637
NM MI ME MO S i n !'
4614 I
46261
I
NA 4631 ' ''-` \ 4628
. _ 4624 i\
4630
4629
4627
Qa
4620 4594
A
l
1
I
I
1
I
r
4632 ; 461
4598
4625
A
4583
4611
4635
4630
A
4624
A
4615
A +013 A
4614
A4615 A a.
4614
/4601
4618
';'4
4629
4598
4616
A
n _ _SW...SS__
4640
4631
4
8
619
4618 0619
f
y--
4598
1
0
1,500
Feet
3,000
Figure 2
Surficial Geology and
Predevelopment Water Table
Derr Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, USGS 10m DEM
(National Map),Tweto Geologic Map of Colorado (1979),
ESRI World Topo Map
Map Legend
• Point Where Contour Crosses
River (l0rn DEM)
Registered Well Used for
Monitoring
DWR Water Well
Water Table Elevation Contour
Based on Well Data
Contour interval = 10'
Well points labeled with SWL elevation.
Note: Water table elevation at wells are
estimated based on subtracting the depth to water
from the estimated ground elevation based on 10m DEM data.
j Model Extent
a
a
Loloff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
Geologic Units (from Tweto, 1979)
Qa - Alluvial Deposits
Qg - Gravels and Alluvium
KI - Laramie Formation
Date: November 22, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
65W
12038-R
I (50)
18300-F Ir
182°9-F (71)
71) 1829
16985-F 18297-F
(69 (73) 59117-0
2420-F
(28)
269691--A
(42)
39173-F
37945-M(42)
779-WCS
(122)
465: -Was
(25)
78326-A.
(108)
127913t -ft
(116)
A
12713-R
4$0)-
205I13 --A
14960-R
(101)
(4937
11)
421-WCB
226878-A 311490 311492
'(70) (50) (79) (94)
2947-F 287278 -
(21) (30) 311491
,. (85)
620 -WC
(45
135883
�.
(32)` .
26555-A/
(44)
59216-MH
(30)
'a#
594$8-MH
(30)-
2368-F
(30) 223885-A
(44)
Figure 3
Vicinity Well Depth
Derr Pit
Weld County, Colorado
Sources:
CDSS Well PermitDatabase 100119, Tweto Geologic Map
of Colorado (1979), ESRI World Topo Map
11564-R
(110)
311484 311485
(55)
68387 -F -R
(60)
--4r
(60)
4518 -R -R
(80)
13199=F
08)
314936
(95)
WIW-17
-17
(120)
19089 -M H
(39)
34
19426-R -R
(100)
4809p -F
(54)
19427-R
(75)
40.0 Siestweall
I
- 1f
374-W
issi
(86)
2.020-F
(25) 12678-R 51423-MH
(30) (30)
M a p Legend
Derr Monitoring Well
DWR Water Well
Labeled with:
DWR permit number
(well depth)
276622--A
(70)
137543--A
(40) a
13194--A
(1')
459 -R -R
(145)
224040--A
(60)
11582 R
24586-M H (50)
(27) 11581-R
(25) :A.,
13884-R
_-_ 14869-R
(40) 7(40)
Model Extent
Loloff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
Only wells with well depth given in construction log ore displayed.
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
Engineering, LLC
65W
I
4
<45
<4623
<4632 C
<4631 ,L
• 4563
<4594
<4557
<4620
626
45.74
<4596
i568
— <4591
A
<4593
<4627
<4611
c4611
<4605
,4598:
<4567 '
<4591
Figure 4
Bedrock Elevation
Derr Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, Hurr & Schneider
(OF -93-124), ESRI World Imagery
5
<4594
7
558'
24
4555 /
555 1
46
<458
<45 : X4598
i:� •
<4596
15
1,500
1 Feet
t
3,000
Map Legend
Derr Monitoring Well CI Model Extent
Derr Pit Amendment Monitoring Loloff Pit with Slurry Wall
Well
rn Derr Pit with Planned Slurry Wall
Registered Well Used for (2020)
Monitoring
DWR Water Well
Each well point labeled with
bedrock elevation.
Date: November 11, 2019
Datum/Projection: ,NAD83/Colorado State
ft
Plane North, 1t
r Derr Pit Amendment with
I - Future Slurry Wall
Bedrock Elevation Contour
(interval = 1D°)
(Revised from Hurr & Schneider)
i
65W
Figure s
Saturated Thickness of
Alluvial Material
Derr Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, Hurr & Schneider
OF -93-124), ESRI World Topo Map
Map Legend
Registered Well Used for
Monitoring
DWR Water Well
Saturated Thickness
(contour interval = 10')
*Modeled predevelopment water
table minus bedrock elevation
Each well point labeled with saturated thickness.
d
d
Derr Pit Model
Loloff Pit Slurry Wall
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wail
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
Engineering, LLC
6SW
182
(1
29
5.9117-aw
(200)
2420-F
(55)
20193-F
25866 -F -R (220)
(350).
835-WCB
(1D)
A
33156-F
(15)
Alki •
20194-F
(180)
287278
(50)
779-WO3
(25)
78326-A
(15)
12798 -R -R
(1000)
12713-R
(18}
421-WCB
130671—A 205113--A ` =r` (10)
(15) a (15)
269691--A 23312--.A Lt 226878-A
135883
(40)
Figure 6
Vicinity Well Yield
Derr Pit
Weld County, Colorado
Sources:
E:DSS Well Permit Database 100119, ESRI World Imagery
Map Legend
12334 -R -R
(600)
■
11564-R
1200)
68387 -ER
(250)
5099--A
(10)
Well with Yield Data
(gallons per minute)
A c 15
15-250
250 - 1000
1000 - 1200
Labeled with:
DWR permit number
(well yield)
4518 -R -R
(600)
I
246784
(15)
I
374-WCB
(1200)
276622—A
(20)
Model Extent
19426 -R -R
(8l
224040--A
(10)
2
4809: F -R
{90 )
780 -WC$
(82 .)
Feet
3,000
Loloff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall (2020)
Derr Pit Amendment with Future Slurry Wail
Only wells with well yield given in permit information ore displayed.
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
Enngineering4 LLC
6sW
Figure 7
Transmissivity
Derr Pit
Weld County, Colorado
'Sources:
:DSS Well Permit Database 100119, Hurr & Schneider
OF -93-124), ESRI World rmagery
Map Legend
Model Extent
Loioff Pit with Slurry Wall
d
n
I
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
Modeled Transmissivity
(1000s gpd/ft)
< 50
50- 100
100-200
200- 300
300-432
Transmissivity Contour fore
Hurr & Schneider
(Contour intervals varies,
1000s gpd/ft)
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
McGrane Water
Engrneeriing, LLC
65W
4634
^+ 4651
4652
46324
4631
1 4635
4
Figure 8
Water Table Elevation
Comparison
Derr Pit
Weld County, Colorado
Sources:
CLASS Well Permit Database 100119, Modeled Output,
Hurr & Schneider (OF -93-124), ESRI World Topo Map
aft
a
4632 4619
4615
4613 4614
M a p Legend
E Model Extent
Lo toff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
Each well point labeled with
water table elevation.
DWR Water Well
Registered Well used for
Monitoring
Modeled Water Table Elevation
Contour (Contour Interval = 10 feet)
Water Table Elevaiton Contour
(Contour Interval = 10 feet)
Revised from Hurr & Schneider
Date: November 9, 2019
Datum/Projection: NADS3/Colorado State
Plane North, ft
65W
Ln
t�eeIey
158710
1.- sa�wr--�
I
12038-R
183 00 -F8299 -F
Ak 18298-F
1 -
I 15297-F
16885-F
59117-DW
2420-F
A
,10
a
i
T
1915€ 20193-F
a
25866 -F -R AA A
t A 21555 20194-F
rp-
8353WOB
29
AMP a Sea
-----------------'.-
"\\\ 779-wca
177161 ,60123
� \ T8326 -A
32
kit
MC
2 11798 -R -R
45785 A
A
‘,12725-R.
127.13-R
465-WCB A
130671--A
A. 205113—A
72586A A413°67 23312
23312 —At
269691--A A I A 226878-A
2595131 44539
2947-F A 287278
5
26561316038
A\ IA A
22150 A
135883 i 30t 2 F ASA 28174
115380
A
28
14658
A 12334 -R -R
11564-R
0.5 314s4 4 3 644
14960.8
421;WC B
cSs-44673
25941 223885-Al1..620=VVCBr
42443-MH • 2368-F
26555-A A -0.5
44981 A 134824--A
10924F 307671
n ';-a— Al 59216-MH
169394 20307 A
� I A. 37943•M 37�n4_M A 169393 5 I 47086 -MCI
k: 37942-M 37946•M $324 , A 313430 A
39173•F�
59488-MH P
37945-M
4518 -R -R
13199-F
-
13200-F
A 19089H M
1} I I
246784
2020-F
A
PLEASANT VA LL
27
LY
26
34
19426 -R -R
l
1
48096-F
48096; F -R
35
19427-R
1 "f
i
780 -WC B
l
PLEA SANT I. Lk
r , 123793
Ato 13198 `3y
374 VIiC B n� 4595 -R -R
A
28964
A 3
280641
A' 105592 51423-MH
12678aA
68387 -F -R 161382-A A 276622--A
A
'309494
rLF4-
Figure 9
12 lb St
L
Sunny*
3204 / 90572
A A , 833-VVC B
47087-MH
-------------
I 'JP S t
a OM
Cl
5099
224040--A
i
24586-MH
A
Crops.
A
9844
A
5099-A
•
a
r1:J
137543--A
---- --
lone Guy-.
Change in Water Levels Due to
Loloff and Derr Pit Slurry Walls
Derr Pit
Weld County, Colorado
Sources:
COSS Well Permit Database 1OO119, Modeled Output,
ESRI World Topo Map
i
3739
A
aSSaaaaaaaaaaaaa
1,500
2
11582-R
13884-R A
A A
11581-R
A 14869-R - -
I Feet
31000
Map Legend
Model Extent
Change in Water Level Contour
' Mounding
leas\_, Drawdown
Contour Interval = 0.5 foot
NM
Loloff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall (2020)
DWR Well Currently Being Monitored
A DWR Water Well
Each well point labeled with DWR
permit number.
Date; November 11, 2019
Datum/Projection: NADS3/Colorado State
Plane North, ft
McGrane Water
65W
Keeley 29
158710
I
12038-R
IAA
18'300- i8299 -F
I At 182984
a 1.6297-F
16885-F
59117-.DW
A
2420-F
A
2
37
5
779-WCB
177161 AL60123
A „78326-A
28
----- s, tir S S OM aS Si
l --; =Saw
as,
127 12798 -R -R
45785 A
A
F 412725-R
465-WCB
130671--A
72586 A
19156 20193•F
5866 -F -R
A 21555 20194-F
835 -WC B
115380
A
-12713-R
A
A 2051131A
10671 ...,,,. I
10924-F 307871
A A 59216 -MFG
169394 20307 A
37943-4 3,70.14,4 A 169393 47086-MH
31942-M 37946 -Mr 8324 A A
39173-F 313430
37945-M 59488-MH i
421-WCB
23312-A 4LJJ I Lj
269691--A A 226878-A
259513 i 44539\ `
2947-F A 287278
265613 1
A \IAA
25941 `223$85.1,
22150 - : X 20:WC6
30
42443-MH 135883 . ^ " 2 F 28174 f
• 2368-F -
A 26555-A A.0.5 2020 F
A 44981 A 134824--A
1:5
314643--314644
-�� • `�., 13200-F
14960-R;=; •
j
r
dr— , - I
I
1
1
1
1.
19089-MH
246784
3P
aaeaaeflllemeaadeaa
4518 -R -R
PLEASANT V_AL.L
27
aafeeWeaaesaansea
14658
12334 -R -R 13199-F
.
11564-R
0-5
446731
1
68387 -F -R
A
y - 1.2th SS
Aek309494
39156-F
blh•Ave
w
Parrs
ay
mt
3204 d 90572
A A I A 833-VVCB
47087-MH
`67h tit
'ISM St
Figure 10
Change in Water Levels Due to
Loloff and Derr and Derr
Amendment Slurry Walls
Derr Pit
Weld County, Colorado
Sources:
COSS Well Permit Database 1OO119, Modeled Output,
ESRI World Topo Map
I
4
L
5099
34
19426 -R -R
A
374 -WC B
A
28964
A 3
280641
A 105592 51423-IAH
12678-R ` A A
161382-A,, 276622--A
224040--A
A
24586-M H
A
9844
A
5099--A
37543--A
Lane *4•-t.
Mrs la el an e 4in a
3739
A
1,500
19427-R
A
I
48096-F
48096;F -R
I
fi
`I
r ,
780 -WC B
Ash
123793
A
13196 -4595 -R -R
I
2
11582-R
13884-R A I
A A
11581-R
--4.14869-11R
a a
1 Feet
3,000
Map Legend
Model Extent
Change in Water Level Contour
.., Mounding
-_� Drawdown
Contour Interval = 0.5 foot
D
Loloff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall (2020)
7s; Derr Pit Amendment with Future Slurry Wail
DWR Well Currently Being Monitored
A DWR Water Well
Each well point labeled with DWR
permit number.
Date: November 11, 2O19
Datum/Projection: NAD83/Colorado State
Plane North, ft
Encpncerinq, LLC
Subject:
Attachments:
FW: Koehler Agreement - Derr Pit USR Amendment
Koehler Agreement Letter 3.16.20.pdf; Koehler Agreement 3.16.20.pdf
From: JC York <jcyork@l-tconsulting.com>
Sent: Monday, May 4, 2020 6:59 PM
To: Kim Ogle <kogle@weldgov.com>
Cc: kahodgel@comcast.net
Subject: Koehler Agreement - Derr Pit USR Amendment
Cautior This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Kim —
We provided the attached letter and agreement to Mel Bickling and the Koehler family in March and discussed with
them. They elected not to enter into the agreement. We asked them if the well could be pump tested as we wanted to
find out what the volume of water was that the well could pump. They indicated to us that the well couldn't be tested
until ditches were cleaned and access to the well was available. After the hearing was re -scheduled they indicated that
the well could be pump tested by Quality Well and Pump on April 20th. We were notified on April 16th that this was being
canceled due to weather and wet conditions. The pump test was re -scheduled for April 27th. Dennis McGrane witnessed
the pump test and took data for his use in helping us determine what could be done to rehabilitate the well as during
the pump testing the existing pump would only pump 580 gpm and the draw down was approximately 7 feet from the
static water level during the pumping.
Dennis McGrane provided information to me and I sent it on to Quality Well and Pump to update the previous pricing
we had for replacing the existing pump. Dennis provided a pump that he believed would work, as well as recommending
the existing column piping be replaced. We asked Quality to check the pump model Dennis provided or provide a similar
type pump that would work better for the current conditions. We are waiting to get the updated pricing and provide an
updated letter and agreement to reflect those changes. We spoke to Mel about this today and asked if we make these
changes would they consider entering into this agreement. He said he would have to discuss with the Koehler family
once we provided the information.
I don't know if I will get the information on costs from Quality Well and Pump by tomorrow sometime or not but will
send an updated letter and agreement if we do. I wanted to send over what we have been working on with them to
date.
Regards,
J.C.
J.C. York. P E.
J&T Consulting, Inc.
305 Denver Avenue, Suite D
Fort Lupton, CO 80621
1
Broken Arrow
Investments, LLC
801 8th Street, Suite 130
Greeley, CO 80631
James Koehler Revocable Trust
1001 East C Street
Greeley, CO 80631-9580
March 16, 2020
Re: Derr Pit Expansion Neighboring Landowner Agreement
Mr. Koehler:
Broken Arrow Investments, LLC has a State of Colorado Division of Reclamation, Mining, and
Safety (DRMS) Reclamation Permit M2008-078 to allow sand and gravel mining at the Derr Pit and
a Weld County Use by Special Review (USR) Permit USR-1660. We are currently in the process of
amending the USR permit to include additional area north of the original permit boundary. Per our
meetings and previous discussions we are providing the attached agreement for your review and
we wish to finalize this agreement so we may move forward with getting approval of the USR
amendment with Weld County.
We would like to cover a few items with this letter to discuss how we came to this proposed draft of
the attached agreement.
• You own 3 wells that are registered with the State of Colorado, Department of Natural
Resources, Division of Water Resources. There are three wells on your Parcel No.
080333000017 at 1001 East C Street. The well numbers are Permit 314644 (stock well),
Permit 314643 (domestic well), and Permit 11564 (irrigation well).
• We have had AgPro monitoring your wells since September 2019 and will continue to do so
for the life of the Derr Pit mining.
• The records for your well are not available from the State Engineer's Office for the pumping
that has occurred in previous years. There are also not meter testing records for your well
on file at the State Engineer's Office.
• The irrigation well was rehabbed by Quality Well and Pump in late 2011/early 2012 per their
records. The well casing had previously failed and the well caved in. Quality Well and Pump
pulled the pump and installed a casing liner (14" diameter that was 55' long) and well screen
(30' length of Galvanized Johnson Screen). The well was bailed with a sand bucket to get
liner and screen into place. The existing pump bowl was found full of gravel and rocks
consistent with signs of well caving in. The line shaft, column pipe, and oil tube were all thin
and rusted out. 80' of column pipe was replaced along with the oil tube and line shaft. The
pump bowl was replaced with an American Marsh single stage 12" MS. The headshaft was
replaced and a bowl screen was added. The packing gland was re -machined. The motor
Mr. Koehler
RE: Derr Pit Expansion Neighboring Landowner Agreement
-2-
was re -built by Greeley Electric. The well was sonar jetted with 2-25' charges. The well was
not pump tested after the rehab work was completed.
• We have reviewed information on the Bliss and Hofner Wells that are other irrigation wells in
the surrounding area. The meter testing on those wells in 2015 and again in 2019 are nearly
the same for the discharge capacity of each well.
• The Loloff Mine has completed the mining and are finishing the reclamation of the mine.
The slurry wall was constructed in 2017 and passed the State Engineer's Office required
leak test. No dewatering is occurring at the Loloff Mine.
• The Derr Pit is going to start slurry wall construction for the original permitted area in March
of 2020.
Below are the proposed items we would pay for based upon the existing conditions and evaluations
that have been completed:
• The property you own Parcel No. 080333000017 at 1001 East C Street is currently served
by North Weld Water District with potable water. The existing domestic and stock wells for
this property were just recently registered in August 2019. The well registration indicates
that the wells are both 52' deep. AgPro measured the depth to water in each of these wells
over the past 6 months and also measured a depth to the bottom of each well. The stock
well is actually 59.8' deep and the domestic well is actually 57' deep. We will also continue
to monitor the existing stock and domestic well. If the water level drops to a depth where the
domestic well or stock well will not pump we will have Quality Well and Pump set the pump
lower in the well so it will continue to pump water. We would propose to pay the water bill at
this property if the domestic or stock well have problems and assist in changing plumbing to
allow the potable water service to serve the irrigation and stock watering for your property
during the time the domestic or stock well are out of service.
• The irrigation well will continue to be monitored by AgPro. Since there is no data on what
the well could pump previously we need to establish what it can pump. We would
recommend doing a pump test on this well to establish the flowrate it is currently pumping at
by running the existing pump and reading the meter at 15 minute intervals for an hour or two
hours. Based on the data of the surrounding wells we do not believe the mining is affecting
this well as the other irrigation wells are pumping what they have historically pumped based
on the meter testing on record with the State Engineer's Office. We contacted Quality Well
and Pump to discuss some of the possible issues that could be causing lower capacity of
the existing pump and they provided a quote for changing the pump out and doing repairs to
the existing motor. It also appears that there are headlosses that occur in the existing
pipeline that runs another 1,200 to 1,300 feet north of the existing well that could be limiting
the amount of water being pumped from the well. We would recommend doing the upgrades
Quality Well and Pump provided and paying for those items. The cost for the upgrades is
$14,539.16.
We would like to have you review and respond back to us by the end of this week on Friday, March
20th so we may finalize the agreement.
Broken Arrow Investments, LLC
801 8" St., Suite 130
Greeley, CO 80631
(303) 566-5090
Mr. Koehler
RE: Derr Pit Expansion Neighboring Landowner Agreement
-3-
Sincerely,
Kelly Hodge
Broken Arrow Investments, LLC
Broken Arrow Investments, LLC
801 8th St., Suite 130
Greeley, CO 80631
(303) 566-5090
Mr Murata
RE Derr Pit Expansion Neighboring Landowner Agreement
-2-
Below are the proposed items we would pay for based upon the existing conditions and evaluations
that have been completed
O We hired Quality Well and Pump to set the pump lower to allow for better capacity and
pumping The pump was lowered on 1/10/20 and the intake was set at 70' below the top of
the casing The pump was tested and produced 25 gpm for one hour and the stabilized
water level was 55 feet below the top of the casing
• If monthly monitoring shows that the water level in the existing domestic well on the
Property gets to a level where pumping is no longer possible, BAI shall, within ten days of
such water level measurement and at its sole expense, hire Quality Well and Pump of La
Salle, Colorado to check; the pump in the affected well and repair to allow continued
production During the time the well is out of service BAI would pay the North Weld Water
District water bill and assist with plumbing changes to make the potable water available for
the domestic well irrigation
We would like to have you review and respond back to us by March 15th so we may finalize the
agreement I
I
Sincerely,
Kelly Hodge
Broken Arrow Investments, LLC
Broken Arrow Investments, LLC
801 8th St , Suite 130
Greeley, CO 80631
(303) 566-5090
DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT
THIS AGREEMENT ("Agreement") is made this day of , 2020 by and
between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130,
Greeley, Colorado 80631; Loloff Construction, Inc. ("Loloff'), whose address is 801 8th Street,
Suite 130, Greeley, Colorado 80631; Global Asset Recovery, LLC ("GAR"), whose address is
6530 Constitution Dr., Fort Wayne, Indiana 46804; and the James R. Koehler Revocable Trust
("Koehler") (collectively, the "Parties").
RECITALS
1. GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue
in Weld County, Colorado. BAI operates the Derr Pit as an active sand and gravel mine
under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation,
Mining, and Safety ("DRMS"). Loloff owns and operates the Loloff Sand and Gravel Pit
("Loloff Pit") located directly across North Balsam Avenue from the Derr Pit. Loloff
operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985-
112.
2. GAR, BAI, and Loloff, hereinafter collectively referred to as the "Companies," have
common, though not identical, interest in the matters addressed by this Agreement.
3. DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27, 2018
(Revision No. AM01) to allow BAI to expand mining into an area north and west of the
existing Derr Pit boundary, as shown in Exhibit A ("Amendment Area").
4. In addition to the amended State DRMS permit, BAI also requires Weld County approval
to expand operations into the Amendment Area. As part of this approval, Weld County
granted a zoning change on September 11, 2019 for the Amendment Area, which BAI
recorded on December 4, 2019. BAI is in the process of amending the Weld County Use
by Special Review ("USR") Permit, 2MJUSR19-08-1660, as the final authorization
necessary to begin mining the Amendment Area.
5. Koehler owns Parcel No. 080333000017 at 1001 East C Street ("Property"), which lies
immediately north of the Amendment Area. North Weld County Water District provides
potable water service to the Property.
6. Koehler has opposed BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, in oral
testimony before the Weld County Board of County Commissioners and in letters
submitted to Weld County and entered into the record for the USR permit amendment
proceedings.
7. Koehler's opposition to the USR Permit amendment is primarily, though not exclusively,
based on its belief that existing mining operations at the Loloff and Derr Pits have
negatively impacted various water wells on the Property ("Koehler wells"), and that
additional mining in the Amendment Area will exacerbate such impacts.
8. The Parties disagree as to whether and to what extent existing mining operations have
impacted the wells, and whether and to what extent mining in the Amendment Area will
impact the wells.
9. To address Koehler's concerns, BAI has: researched the Koehler wells to identify potential
impacts from past Loloff and Derr mining operations and hired a groundwater engineer to
study the impacts from current and planned mining operations. BAI has shared the results
of the research and study with Koehler.
10. The Parties wish to resolve all outstanding issues through this Agreement.
THEREFORE, in consideration of the mutual promises and obligations stated herein, and the
mutual benefits to be derived therefrom, the Parties agree as follows:
COVENANTS AND CONDITIONS
I. Purpose of Agreement
The purpose of this Agreement is to address Koehler's concerns related to BAI's and
Loloff's existing and planned mining operations, have Koehler withdraw its opposition to
BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues
and obligations between Koehler and the Companies related to operations at the Derr and
Loloff Pits. This Agreement is further intended to facilitate BAI's efforts to obtain final
authorization from Weld County to expand its mining operations into the Amendment
Area.
II. Identification of Concerns
Koehler identifies the following concerns as the basis for its objection to the Derr Pit
expansion:
A. Noise
Koehler has concerns about noise that will be generated by operations in the
Amendment Area.
B. Dust
Koehler has concerns about dust that will be generated by operations in the
Amendment Area.
C. Traffic
2
Koehler has concerns about increased traffic generated by operations in the
Amendment Area and the travel routes of the mine -related vehicles.
D. Water Wells
Koehler has three wells on Parcel No. 080333000017 (domestic, stock, and
irrigation) that Koehler believes will be impacted by operations in the Amendment
Area.
Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits.
III. Obligations of the Parties
To fully and completely address Koehler's concerns regarding BAI's and Loloff's past and
planned mining operations; to allow Koehler to withdraw its objections to BAI's efforts to
amend the USR Permit 2MJUSR19-08-1660; and to facilitate BAI's expansion of
operations into the Amendment Area, the Parties agree as follows:
A. BAI and Loloff
1. Noise
a. BAI shall comply with all applicable noise requirements contained
in amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAI will further prohibit the use of compression
release braking (Jake Brake) by vehicles servicing the Derr Pit,
including the Amendment Area.
b. Loloff shall comply with all applicable noise requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will further prohibit the use of compression
release braking (Jake Brake) by vehicles servicing the Loloff Pit.
2. Dust
a. BAI shall comply with all applicable dust requirements contained in
amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAI shall also comply with its Colorado Air
Pollution Control Division permits for the Derr Pit, including the
Amendment Area, which specifically address particulate emissions
(dust) from the pit and associated mining equipment.
b. Loloff shall comply with all applicable dust requirements contained
in USR Permit No. AM USR-690, State laws, and local ordinances.
Loloff shall also comply with its Colorado Air Pollution Control
Division permits for the Loloff Pit, which specifically address
3
particulate emissions (dust) from the pit and associated mining
equipment.
3. Traffic
a. BAI will comply with all applicable traffic requirements contained
in amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAI will ensure that drivers servicing the Derr Pit
utilize only designated haul routes.
b. Loloff will comply with all applicable traffic requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will ensure that drivers servicing the Loloff Pit
utilize only designated haul routes.
4. Water Wells
a. BAI shall perform monthly monitoring on all Koehler wells that
Koehler continues to operate after execution of this Agreement,
provided Koehler grants access to do so in accordance with
Paragraph III.B.3. hereof. Such monitoring shall consist of
measuring the static water level in each well. BAI shall send the
monitoring results to Koehler each month by certified mail.
b. If monthly monitoring shows that the water level in the existing
domestic or stock well on the Property gets to a level where pumping
is no longer possible, BAI shall, within ten days of such water level
measurement and at its sole expense, hire Quality Well and Pump of
La Salle, Colorado to lower the pump in the affected well(s) to allow
continued production. BAI shall pay the monthly North Weld
County Water District water bill for the Property and assist in
changing the plumbing to allow the potable water service to serve
the domestic well irrigation and stock well watering for your
property during the time the domestic or stock well are out of
service.
c. BAI has received a quote from Quality Well and Pump to upgrade
and repair the existing irrigation well. BAI would propose to pay for
Quality Well and Pump to conduct a pump test utilizing the existing
equipment to determine what upgrade and repair needs to be
completed on the existing well as soon as the ditches are cleaned per
meetings with BAI and Koehler earlier this month. The repairs
would also be paid for by BAI per the estimate from Quality Well
and Pump. After repairs are made if monthly monitoring shows that
the pumping rate in the existing irrigation well on the Property
where the metered flow drops by 50 gpm BAI shall, within ten days
of such water level measurement and at its sole expense, hire Quality
Well and Pump of La Salle, Colorado to inspect and review the
existing pump, motor, column pipe, screen, etc. to determine what
the problem is for the affected well. Once the problems are
determined BAI and Koehler will determine what repairs shall be
provided by Quality Well and Pump to allow continued production.
While the existing irrigation well is out of service BAI will provide
supplemental water by renting CBT shares or other irrigation shares
that can be used for irrigation to Koehler.
B. Koehler
1. On the same day of the execution of this Agreement, Koehler shall provide
the Weld County Board of County Commissioners a letter withdrawing his
objections to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660,
to allow mining in the Amendment Area. Koehler's withdrawal letter shall
be substantively similar to the draft letter contained in Exhibit B to this
Agreement.
2. Koehler shall fully consent to and support BAI's efforts to gain
governmental approval to expand mining operations into the Amendment
Area. Koehler shall not, to a Government Authority or otherwise, protest,
condition, delay, prevent, or oppose in any way such efforts by BAI, or
encourage or facilitate others to do so. As used in this Agreement,
"Government Authority" includes the Weld County Board of County
Commissioners, and any other federal, state, or local entity with authority
to authorize, regulate, police, or oversee BAI's mining operations.
3. For the Term of this Agreement, Koehler shall provide BAI representatives
access to the Koehler wells during reasonable business hours to perform the
monitoring required under Subparagraph III.A.4.b. hereof.
4. For the Term of this Agreement, except in an emergency that presents an
imminent threat to life or property, Koehler shall first contact Loloff or BAI
with any issues or concerns regarding operations at the Loloff or Derr Pits,
including the Amendment Area, before contacting any Government
Authority. The purpose of this initial contact is to allow Loloff or BAI to
address Koehler issues or concerns before involving others. Loloff and BAI
designate the following individual as the contact person for purposes of this
provision:
Kelly A. Hodge
kahodg 1((r';comcast.net
970-566-5090
IV. Conditions Precedent
5
A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs III.A.1.
through 3. hereof, to the extent not already required by applicable law, shall
commence upon execution of this Agreement, except that obligations relating to
the Amendment Area shall be triggered by commencement of mining operations
therein.
B. BAI's obligation to perform the monitoring required by Subparagraph III.A.4.b.,
hereof, shall commence on the execution of this Agreement and continue
throughout its Term so long as Koehler provides access to the wells as specified in
Paragraph III.B.3. of this Agreement.
V. No Admissions
By entering this Agreement, no Party makes any admissions as to the possible effects of existing
and planned mining operations on the Koehler wells.
VI. Term
The Term of this Agreement shall be from its execution until DRMS releases the reclamation
bonds on the Loloff and Derr Pits, including the Amendment Area. Obligations created herein
relating to only one of the pits shall terminate with the release of the reclamation bond for that pit.
VII. Preservation of Future Claims
Nothing in this Agreement is intended to prevent Koehler from asserting future claims regarding
the Koehler wells to the extent such claims are supported by evidence establishing that the claims
are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution
of this Agreement, and that Koehler has provided continuous access for well monitoring as
required in Paragraph III.B.3. hereof.
VIII. General Provisions
A. This Agreement shall be construed according to the applicable laws of the State of
Colorado. Proper venue for any action to enforce the terms, or arising from the
breach, of this Agreement is in Weld County, Colorado.
B. Failure of any Party to insist, in any one or more instances, upon the performance
of any of the terms, covenants, or conditions of this Agreement, or to exercise any
of its rights, shall not waive such term, covenant, condition, or right with respect to
future performance.
C. Partial or complete invalidity of any one or more provisions of this Agreement shall
not affect the validity or continuing force and effect of any other provision.
6
D. This Agreement has been negotiated between and among the Parties, each of whom
had adequate opportunity to consult legal counsel. Therefore, this Agreement shall
not be interpreted against any Party as the "drafter," but shall be construed in a
neutral manner.
E. This Agreement constitutes the entire agreement of the Parties regarding the subject
matter hereof and supersedes all prior negotiations, understandings, conversations,
correspondence, and agreements between the Parties. Unless otherwise set forth
herein, this Agreement may not be modified or amended, except by a writing signed
by all Parties.
F. This Agreement binds the Parties, their successors, and assigns. No Party shall
assign or transfer its interest in this Agreement without the prior written consent of
the others, which shall not be unreasonably withheld.
G. This Agreement may be executed in one or more counterparts, each of which shall
be considered an original but all of which taken together shall constitute one and
the same legal instrument.
IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the
date first written above.
BROKEN ARROW INVESTMENTS, LLC,
BY:
TITLE:
LOLOFF CONSTRUCTION, INC.
BY:
TITLE:
GLOBAL ASSETS RECOVERY, LLC
BY:
TITLE:
7
James R. Koehler Revocable Trust
BY:
TITLE:
8
Exhibit A
Amendment Area Map
9
Exhibit B
Sample Letter to Weld County Board of County Commissioners
10
Jessica Reid
Subject:
Attachments:
EXHIBIT
FW: Derr Pit USR Amendment - Signed Agreements with Parker and Taylor and Signed
Letters Withdrawing Objections
Taylor Signed Agreement and Objection Withdrawal Letter_3.9.20.pdf; Parker Signed
Agreement and Objection Withdrawal Letter_3.9.20.pdf
From: JC York <icyork@j-tconsulting.com>
Sent: Monday, May 4, 2020 6:31 PM
To: kahodgel@comcast.net; Kim Ogle <kogle@weldgov.com>
Subject: FW: Derr Pit USR Amendment - Signed Agreements with Parker and Taylor and Signed Letters Withdrawing
Objections
Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Kim —
These are agreements with Taylor and Parker that were signed that I sent in March but wanted to make sure that you
had them.
Regards,
J.C.
J.C. York, P E.
J&T Consulting, Inc.
305 Denver Avenue. Suite D
Fort Lupton, CO 80621
Office: (303) 857-6222
Mobile: (970) 222-9530
FAX: (303) 857-6224
From: JC York
Sent: Monday, March 9, 2020 4:19 PM
To: Kim Ogle <kogIe@weldgov.com>
Cc: Kelly Hodge <kahodgel@comcast.net>
Subject: Derr Pit USR Amendment - Signed Agreements with Parker and Taylor and Signed Letters Withdrawing
Objections
Kim
Attached are signed agreements for Parker and Taylor who are neighbors that we met with today and also signed the
letters on the last page of the agreement to withdraw their objections. Please let me know if you need anything else. I
will also give you a call shortly.
Regards,
J.C.
1
DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT
THIS AGREEMENT ("Agreement") is made this tday of , et, , 2020 by and
between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8t Street, Suite 130,
Greeley, Colorado 80631; Loloff Construction, Inc. ("Loioff), whose address is 801 8th Street,
Suite 130, Greeley, Colorado 80631; Global. Asset Recovery, LI" ("GAR"), whose address is
6530 Constitution Dr.. Fort Wayne, Indiana 46804; and Diana Taylor whose address is 665 Balsam
Avenue, Greeley, Colorado 80631 ("Taylor") (collectively, the "Parties").
RECITALS
GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue
in Weld County, Colorado. BAI operates the Den Pit as an active sand and gravel mine
under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation,
Mining, and Safety Loloff owns and oPerates the Loloff Sand and Gravel Pit
"Loloff Pit") located directly across North Balsam Avenue from the Den Pit. Loloff
operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985-
H2.
►. GAR, BAI and Loloff, hereinafter collectively referred to as the "Companies," have
common, though h not identical. interest in the matters addressed by this Agreement.
DRMS amended Permit No. DRMS -2008-017 for the Derr Pit on June 27, 2018
(Revision No. AM01) to allow BAI to expand mining into an area northand west of the
existing Derr Pit boundary, as shown in Exhibit A ("Amendment Area").
In addition to the amended State DRMS permit, BAI also requires Weld County approval
toe expand operations into the Amendment Area. As part of this approval, Weld County
granted a zoning change on September 11, 2019 for the Amendment Area, which BA1
recorded on December 4, 2019. BAI is in the process of amending the Weld County Use
by Special Review ("USR"T)Peimit. 2 JU R19-08-1660, as the final authorization
necessary to begin mining the Amendment Area.
5. Taylor owns Parcel No. 096104301009 at 665 Balsam Avenue ("Property"), which lies
south and west of the Amendment Area. North Weld County Water District provides
potable water service to the Property.
6. Taylor has opposed BAI' s efforts to amend the USR Permit, 2MJU SR 19-08 -166th, in oral
testimony before the Weld County Board of County Commissioners and in letters
submitted to Weld County and entered into the record for the USR permit amendment
proceedings.
7. I�p'
Taylor's opposition to the USR Permit amendment is primarily, though not exclusively,
based on its belief that existing mining operations at the Loloff and Den Pits have
negatively impacted a water well on the Property ("Taylor well"), and that additional
p
mining in the Amendment Area will exacerbate such impacts.
The Panics disagree as to whether and to what extent existing mining operations have
impacted the well, and whether and to what extent mining in the Amendment Area will
impact the well.
To address Taylor's concerns, BAI has: researched the Taylor well to identify potential
impacts from past Loloff and Derr mining operations and hired a groundwater engineer to
study the impacts from current and planned mining operations. BAI has shared the results
of the research and study with Taylor. BA! also hired Quality Well and Pump to provide a
new pump an.d set the pump at a lower depth of 40 feet in the well to provide better capacity
and reliability as the existing pump was set at 23 feet of depth.
10. The Parties wish to resolve all outstanding issues through this Agreement.
THEREFORE, in consideration of the mutual promises and obligations stated herein, and the
mutual benefits to be derived therefrom, the Parties agree as follows:
COVENANTS AND CONDITIONS
1. Purpose of Agreement
The purpose of this Agreement is to address Taylor's concerns related to BAI's and
Loloff's existing and planned mining operations, have Taylor withdraw its opposition to
BAI's efforts to amend the USR Permit, 2MJU 19-O8-1660, and fully resolve all issues
and obligations between Taylor and the Companies related to operations at the Den and
Loloff Pits. This Agreement is further intended to facilitate BAY s efforts orts to obtain final
authorization from Weld County to expand its mining operations into the Amendment
Area.
IL Identification of Concerns
Taylor identifies the following concerns as the basis for its objection to the Derr Pit
expansion:
A. Noise
Taylor has concerns about noise that will be generated by operations.
Dust
Taylor has concerns about dust that will be generated by operations.
C. Traffic
2
Taylor has concerns about increased traffic generated by operations in the
Amendment Area and the travel routes of the mine -related vehicles.
D. Water Well
Taylor has one well on Parcel No. 096104301009 (domestic) that Taylor believes
will be impacted by the operations.
E Trees
Taylor believes trees on Parcel No. 096104301009 were impacted by the Loloff Pit
mining and requested replacement of 15 trees.
Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits.
III, Obligations of the Parties
To fully and completely address Taylor's concerns regarding BAI's and Loloff s past and
planned mining operations; to allow Taylor to withdraw its objections to BAT's efforts to
amend the USR Permit 2MJUSR 19-08-16 60; and to facilitate BAY' s expansion of
operations into the Amendment Area, the Parties agree as follows:
A. BA! and Loloff
1. Noise
a. BAI shall comply with all applicable noise requirements contained
in amended USR Permit No. 2 JLJS 19-O -1660, State laws, and
local ordinances. BAT will further prohibit the use of compression
release braking (_,lake Brake) by vehicles servicing the Derr Pit,
including the Amendment Area.
b. Loloff shall comply with all applicable noise requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will further prohibit the use of compression
release braking (Jake Brake) by vehicles servicing the Loloff Pit.
2.
Dust
a. BAI shall comply with all applicable dust requirements contained in
amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAI shall also comply with its Colorado Air
Pollution Control Division permits for the Derr Pit, including the
Amendment Area, which specifically address particulate emissions
(dust) from the pit and associated mining equipment.
3
b. Loloff shall comply with all applicable dust requirements contained
in USR Permit No. AM USR-690, State laws. and local ordinances.
Loloff shall also comply with its Colorado Air Pollution Control
Division permits for the Lolnfl' Pit, which specifically address
particulate emissions (dust) from the pit and associated mining
equipment.
3. Traffic
a. BA! will comply with all applicable traffic requirements contained
in amended USR Permit No. 2MJUSR19-08-1660, 19-08-1660, State laws, and
local ordinances. BAI will ensure that drivers servicing the Derr Pit
utilize only designated haul routes.
b. Loloff will comply with all applicable traffic requirements
contained in USR Permit No. AM USR-690, State laws, and local.
ordinances. Loloff will ensure that drivers servicing the Loloff Pit
utilize only designated haul routes.
4. Water Well
a. BAI shall continue to pay the monthly North Weld County Water
District water bill for the Property.
BAT shall perform monthly monitoring on the Taylor well that
Taylor continues to operate after execution of this Agreement,
provided Taylor grants access to do so in accordance with Paragraph
III.B.3. B .3 . hereof Such monitoring shall consist of measuring the
static water level in the well. BAI shall send the monitoring results
to Taylor each month by certified mail.
c. If monthly monitoring shows that the water level in the existing
domestic well on. the Property gets to a level where pumping is no
longer possible, BAI shall, within ten days of such water level
measurement and at its sole expense, hire Quality Well and Pump of
La Salle, Colorado to check the pump in the affected well and repair
to allow continued production. During the time the well is out of
service BAI would continue to pay the North Weld Water District
water bill and assist with plumbing changes to make the potable
water available for the domestic well irrigation.
5. Trees
a. BAI will purchase and install 15 trees that Taylor may pick out at
Happy Life Gardens Nursery in Evans, Co and BAI will have them
delivered and planted in the Spring of 2020.
Taylor
I . Within seven days of the execution of this Agreement, Taylor shall provide
the Weld County Board of County Commissioners a letter withdrawing her
objections to BAI's efforts to amend the USR Permit, 2i' 'tJUSR19-08-1660,
to allow mining in the Amendment Area. Taylor's withdrawal letter shall
be substantively similar to the draft letter contained in Exhibit B to this
Agreement.
7
Taylor shall fully consent to and support BAI's efforts to gain governmental
approval to expand mining operations into the Amendment Area. Taylor
shall not, to a Government Authority or otherwise, protest, condition, delay,
prevent, or oppose in any way such efforts by BAI, or encourage or facilitate
others to do so. As used in this Agreement, "Government Authority"
includes the Weld County Board of County Commissioners, and any other
federal, state, or local entity with authority to authorize, regulate, police, or
oversee BAI's mining operations.
3 For the Term of this Agreement, Taylor shall provide BAI representatives
access to the Taylor well during reasonable business hours to perform the
monitoring required under Subparagraph III.A.4.b. hereof
For the Term of this Agreement, except in an emergency that presents an
imminent threat to life or property, Taylor shall first contact Loloff or BA1
with any issues or concerns regarding operations at the Loloff or Derr Pits,
including the Amendment Area, before contacting any Government
Authority. The purpose of this initial contact is to allow Loloff or BAI to
address Taylor issues or concerns before involving others. Loloff and BAI
designate the following individual as the contact person for purposes of this
provision:
Kelly A. Hodge
kahodge I ( comcast.net
970-566-5090
IV. Conditions Precedent
A. BAI's and Loloff s. obligation to perform the tasks identified in Paragraphs III.A.1.
through 3. hereof, to the extent not already required by applicable law, shall
commence upon execution of this Agreement, except that obligations relating to
the Amendment Area shall be triggered by commencement of mining operations
therein.
B. BAI's obligation to perform the monitoring required by Subparagraph
hereof, shall commence on the execution of this Agreement and continue
5
throughout its Term so long as Taylor provides access to the well as specified in
Paragraph I I l. B. 3. of this Agreement.
. No Admissions
By entering this Agreement. no Party makes any admissions as to the possible effects of existing
and planned flirting operations on the Taylor well.
VI. Term
The Term of this Agreement shall be from its execution until DRMS releases the reclamation
bonds on the Loloff and Den Pits, including the Amendment Area. Obligations created herein
relating to only one of the pits shall terminate with the release of the reclamation bond for that pit.
VII. Preservation of Future Clai
1F
s
Nothing in this Agreement is intended to prevent Taylor from asserting future claims regarding
the Taylor well to the extent such claims are supported by evidence establishing that the claims
are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution
of this Agreement, and that Taylor has provided continuous access for well monitoring as required
in Paragraph III.B.. hereof.
VIII. General Provisions
A. This Agreement shall be construed according to the applicable laws of the State of
Colorado. Proper venue for any action to enforce the terms, or arising from the
breach, of this Agreement is in Weld County, Colorado.
B. Failure of any Party to insist, in any one or more instances, upon the performance
of any of the terms, covenants, or conditions of this Agreement, or to exercise any
of its rights, shall not waive such term, covenant, condition, or right with respect to
future performance.
C. Partial orcomplete invalidity of any one or more provisions of this Agreement shall
not affect the validity or continuing force and effect of any other provision.
D. This Agreement has been negotiated between and among the Parties, each, of whom
had adequate opportunity to consult legal counsel. Therefore, this Agreement shall
not be interpreted against any Party as the "drafter," but shall be construed in a
neutral manner.
E. This Agreement constitutes the entire agreement of the Parties regarding the subject
matter hereof and supersedes all prior negotiations, understandings, conversations,
correspondence, and agreements between the Parties. Unless otherwise set forth
herein, this Agreement may not be modified or amended, except by a writing signed
by all Parties.
6
F. This Agreement binds the Parties, their successors, and assigns. No Party shall
assign or transfer its interest in this Agreement without the prior written consent of
the others, which shall not be unreasonably withheld.
This Agreement may be executed in one or more counterparts, each of which shall
be considered an original but all of hich taken together shall constitute one and
the same legal instrument.
IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the
date first written above.
BROKEN ARROW INVESTMENTS, LLC,
BY:
TITLE:
LOL0FF CONSTRUCTION, INC.
BY:
TITLE:
GLOBAL ASSETS REC RY. LLC
BY:
TITLE:
Diana Taylor
BY:
TITLE:
Alet 4-a r
•
7
Exhibit A
Amendment Area Map
8
Permits Exhibit.dvwg. Permits, 1/30/2020 2-35.47 DM
Pit\D rauwingsExhibitskJT-Overal
P:\.07123 Derr Grave
DERR PIT
AMENDMENT
800 400
Boo
SCALE IN FEET
305 Denver Avenue - Suite [3
Fort Lupton, CO 80621
303857-6222
Broken Arrow Investments
Derr Pit
Permit Boundaries
Dote:
1 .30.20
Job No.
07123
Drown:
TPA`
Scale:
"=600'
Sheet: 1 Of: 1
Exhibit B
Sample Letter to Weld County Board of County Commissioners
9
Ms. Barbara Kirkrneyer
Board of County Commissioners
Weld County, Colorado
1555 North 17th Avenue
Greeley, Co 80631
bkirkmeyer(44weldgov.com
RE: 2MJU R19-08-1660 -- Derr Sand and Gravel Mine
Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC
Dear Commissioner Kirkmeyer:
Via Email
This letter is to formally withdraw my opposition to Broken Arrow Investments, LLC's (``BAI")
application to amend Use by Special Review ("UUSR ') Permit No. USR-1660 to allow expansion of
the Derr Sand and Gravel Pit at 590 North Balsam Avenue. I had previously opposed this USR
amendment in oral testimony before the Weld County Board of County Commissioners and in a
written statement that was submitted to Weld County and entered into the record for the USR permit
amendment proceedings. I have resolved my concerns regarding the mine expansion with BAI and
related parties and now wish to withdraw my previous opposition.
Sincerely,
cc: Kim Ogle, Weld County Planning Services (via email)
DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT
THIS AGREEMENT (."Agreement") is made this day of i, , 2020 by and
between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130,
Greeley, Colorado 80631; Loloff Construction, Inc. ("Loloffl, whose address is 801 8th Street,
Suite 130, Greeley, Colorado 80631; Global Asset Recovery, LLC ("GAR"), whose address is
6530 Constitution Dr.. Fort Wayne, Indiana 46804; and Silvia Parker whose address is 211 N.
Balsam Avenue, Greeley, Colorado 80631 (`Parker") (collectively, the "Parties").
RECITALS
1. GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue
in Weld County, Colorado. BA1 operates the Derr Pit as an active sand and gravel mine
under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation,
Mining, and Safety (ksDRMS). Loloff owns and operates the Lola' Sand and Gravel Pit
(``Loloff Pit") located directly across North Balsam Avenue from the Derr Pit. Loloff
operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985-
112.
2. GAR, BAI, and Lola'', hereinafter collectively referred to as the "Companies," have
common, though not identical, interest in the matters addressed by this Agreement.
DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27, 2018
(Revision No. ALTO]) to allow BAI to expand mining into an area north and west of the
existing Den Pit boundary, as shown in Exhibit A ("Amendment Area").
In addition to the amended State DRMS permit, BAI also requires Weld County approval
to expand operations into the Amendment Area. As part of this approval, Weld County
granted a zoning change on September 11, 2019 for the Amendment Area, which BAI
recorded on December 4, 2019. BAI is in the process of amending the Weld County Use
by Special. Review ("USR") Permit, 2MJUSR 19-08-1660, as the final authorization
necessary to begin mining the Amendment Area.
5. Parker owns Parcel No. 096104200012 at 211 North Balsam Avenue "Pro ert "
�p y� ), which
lies immediately west of the Amendment Area. North Weld County Water District
provides potable water service to the Property.
Parker has opposed BAI's efforts to amend the USR Permit, 2MJUSR 19-08-1660, in oral
testimony before the Weld County Board of County Commissioners and in letters
submitted to Weld County and entered into the record for the USR permit amendment
proceedings._
7. Parker's opposition to the USR Permit amendment is primarily, though not exclusively,
based on its belief that existing mining operations at the Loloff and Derr Pits have
negatively impacted a water well on the Property ("Parker well"), and that additional
mining in the Amendment Area will exacerbate such impacts.
8. The Parties disagree as to whether and to what extent existing mining operations have
impacted the well, and whether and to what extent mining in the Amendment Area will
impact the well.
To address Parker's concerns, BAI has: researched the Parker well to identify potential
impacts from past Loloff and Derr mining operations and hired a groundwater engineer to
study the impacts from current and planned mining operations. BAI has shared the results
of the research and study with Parker. BAI also hired Quality Well and Pump to provide a
port to monitor the existing domestic well.
10. The Parties wish to resolve all outstanding issues through this Agreement.
THEREFORE, in consideration of the mutual promises and obligations stated herein, and the
mutual benefits to be derived therefrom, the Parties agree as follows:
COVENANTS AND CONDITIONS
It Purpose of Agreement
The purpose of this Agreement is to address Parker's concerns related to BAI's and
Loloff's existing and planned mining operations, have Parker withdraw its opposition to
BAI's efforts to amend the USR Permit, 2MJ USR 1 -08-1 60. and fully resolve all issues
and obligations between. Parker and the Companies related to operations at the Derr and
Loloff Pits. This Agreement is further intended to facilitate B A 1' s efforts to obtain final
authorization from Weld County to expand its mining operations into the Amendment
.Area.
IL Identification of Concerns
Parker identifies the following concerns as the basis for its objection to the Den Pit
expansion:
A. Noise
Parker has concerns about noise that will be generated by operations.
B. Dust
Parker has concerns about dust that will be generated by operations.
C. Traffic
Parker has concerns about increased traffic generated by operations in the
Amendment Area and the travel routes of the mine -related vehicles,
2
D. Water Well
Parker has one well on Parcel No. 096104200012 (domestic) that Parker believes
could be impacted by the operations.
Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits.
III. Obligations of the Parties
To fully and completely address Parker's concerns regarding BAI's and Loloff s past and
planned mining operations; to allow Parker to withdraw its objections to BAI's efforts to
amend the USR Permit 2M.FUSRI 9-08-1+660; and to facilitate BAI's expansion of
operations into the Amendment Area, the Parties agree as follows:
A. BAI and Loloff
1. Noise
a. BA! shall comply with all applicable noise requirements contained
in amended USR Permit No. 2MJUSR1'9-08-1660, State laws, and
local ordinances. BA! will further prohibit the use of compression
release braking (Jake Brake) by vehicles servicing the Derr Pit,
including the Amendment Area.
b. Loloff shall comply with all applicable noise requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will further prohibit the use ofcompression
release braking (Jake Brake) by vehicles servicing the Loloff Pit.
2. Dust
a. BAI shall comply with all applicable dust requirements contained in
amended USR Permit No. 2MJIJSR 19-08-1660, State laws, and
local ordinances. BAI shall also comply with its Colorado Air
Pollution Control Division permits for the Derr Pit, including the
Amendment Area, which specifically address particulate emissions
(.dust) from the pit and associated mining equipment.
b. Loloff shall comply with all applicable dust requirements contained
in USR Permit No. AM USR-690, State laws, and local ordinances.
Loloff shall also comply with its Colorado Air Pollution Control
Division permits for the Loloff Pit, which specifically address
particulate emissions (_dust) from the pit and associated mining
equipment.
3
3 Traffic
a. BAT will comply with all applicable traffic requirementscontained
in amended USR Permit No. 2JU R19 -o -16 0, State laws, and
local ordinances. BAIwill ensure that drivers servicing the Derr Pit
utilize only designated haul routes.
b. Loloff will comply with all applicable traffic requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will ensure that drivers servicing the Loloff Pit
utilize only designated haul routes.
4. WaterWell
BAI shall perform monthly monitoring on the Parker well that
Parker continues to operate after execution of this Agreement,
provided. Parker grants access to do so in accordance with Paragraph
111.B.3. hereof Such monitoring shall consist of measuring the
static water level in the well. BAT shall send the monitoring results
to Parker each month by certified mail.
b. If monthly monitoring shows that the water level in the existing.
domestic or stock well on the Property gets to a level where pumping
is no longer possible, BAI shall, within ten days of such water level
measurement and at its sole expense, hire Quality Well and Pump of
La Salle, Colorado to check the pump in the affected well and repair
to allow continued production. During the time the well is out of
service BAI would pay the North Weld Water District water bill and
assist with plumbing changes to make the potable water available
for the domestic well irrigation.
B. Parker
1. Within seven days of the execution of this Agreement, Parker shall provide
the Weld County Board of County Commissioners a letter withdrawing her
objections to BAI's efforts to amend the USR Permit, 11 J R 19-08-1660.
to allow mining in the Amendment Area. Parker's withdrawal letter shall
be substantively similar to the draft letter contained in Exhibit B to this
Agreement.
2. Parker shall fully consent to and support BAI's efforts to gain governmental
approval to expand mining operations into the Amendment Area. Parker
shall not, to a Government Authority or otherwise, protest, condition, delay,
prevent, or oppose in any way such efforts by BAI, or encourage or facilitate
others to do so. As used in this Agreement, "Government Authority"
includes the Weld County Board of County Commissioners, and any other
federal, state, or local entity with authority to authorize, regulate, police, or
oversee BAI's mining operations.
3. For the Term of this Agreement, Parker shall provide BAI representatives
access to the Parker well during reasonable business hours to perform the
monitoring required under Subparagraph IIILA.4.b. hereof.
For the Term of this Agreement, except in an emergency that presents an
imminent threat to life or property, Parker shall first contact Loloff or BAI
with any issues or concerns regarding operations at the Loloff or Derr Pits,
including the Amendment Area, before contacting any Government
Authority. The purpose of this initial contact is to allow Loloff or BAT to
address Parker issues or concerns before involving others. Loloff and BAI
designate the following individual as the contact person for purposes of this
provision:
Kelly A. Hodge
kahodgel@comcast.net
970-566-5090
IV. Conditions Precedent
/croft/ 'es_
-e 575-- clek7
A. BAI's and Lolo r s obligation to perform the tasks identified in Paragraphs lII.A.1.
through 3, hereof, to the extent not already required by applicable law, shall
commence upon execution of this Agreement, except that obligations relating to
the Amendment Area shall be triggered by commencement of mining operations
therein.
B. BAI's obligation to perform the monitoring required by Subparagraph III.A.4.b.,
hereof, shall commence on the execution of this Agreement and continue
throughout its Term so long as Parker provides access to the well as specified in
Paragraph III.B.3. of this Agreement.
V. No Admissions
By entering this Agreement, no Party makes any admissions as to the possible effects of existing
and planned mining operations on the Parker well.
VI. Term
The Term of this Agreement shall be from its execution until DRMS releases the reclamation
bonds on the Loloff and Den Pits. including the Amendment Area. Obligations created herein
relating to only one of the pits shall terminate with the release of the reclamation bond for that pit.
VII. Preservation of Future Claims
5
Nothing in this Agreement is intended to prevent Parker from asserting future claims regarding the
Parker well to the extentsuch claims are supported by evidence establishing that the claims are
based on impacts caused by operations in the Loloff and/or Den Pits occurring after execution of
this Agreement, and that Parker has provided continuous access for well monitoring as required in
Paragraph III.B B .3. hereof
VIII. General Provisions
A. This Agreement shall be construed according to the applicable laws of the State of
Colorado. Proper venue for any action to enforce the terms, or arising from the
breach, of this Agreement is in Weld County, Colorado.,
B. Failure of any Party to insist, in any one or more instances, upon the performance
of any of the terms, covenants, or conditions of this Agreement, or to exercise any
of its rights, shall not waive such term, covenant, condition, or right with respect to
future performance.
C. Partial or complete invalidity of any one or more provisions of this Agreement shall
not affect the validity or continuing force and effect of any other provision.
D. This Agreement has been negotiated between and among the Parties, each of whom
had adequate opportunity to consult legal counsel. Therefore, this Agreement shall
not be interpreted against any Party as the "drafter," but shall be construed in a
neutral manner.
E. This Agreement constitutes the entire agreement of the Parties regarding the subject
matter hereof and supersedes all prior negotiations, understandings, conversations,
correspondence, and agreements between the Parties. Unless otherwise set forth
herein, this Agreement may not be modified or amended, except by a writing signed
by all Parties.
F This Agreement binds the Parties, their successors, and assigns. No Party shall
assign or transfer its interest in this Agreement without the prior written consent of
the others, which shall not be unreasonably withheld.
G. This Agreement may be executed in one or more counterparts, each of which shall
be considered an original but all of which taken together shall constitute one and
the same legal instrument.
IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the
date first written above.
BROKEN ARROW INVESTMENTS, LLC,
6
BY:
TITLE:
LOLOET CONSTRUCTION, INC.
BY:
TITLE:
GLOBAL ASSETS RECOVERY, LLC
BY:
TITLE: q cc; e
Silvia Parker
BY:
TITLE:
7
Exhibit A
Amendment Area Map
8
P:\O7123 Derr Gravel Pit Drawings\Exhibits\JT-Overall Permits Exhibit.dwg. Permits 1/30/2020 2 3547 PM
DERR PIT
AMENDMENT
f a
HWy
km.,4.
800
400
0
800
SCALE IN FEET
kid � J&T Consulting, Inc.
305 Denver Avenue - Suite D
Fort Lupton. CO 80621
303-857-6222
Broken Arrow Investments
Derr Pit
Permit Boundaries
Date: 1.30.20
Job No: 07123
Drawn: TFY
Stole:
1"-600)
Sheet: 1 Of: 1
Exhibit B
Sample Letter to Weld County Board of County Commissioners
9
Ms. Barbara K irkrneyer
Board of County Commissioners
Weld County, Colorado
1555 North 17th Avenue
Greeley, CO 80631
bkirkmeverrweldov.com
RE: 2MJUSR19-08-1660 -- Derr Sand and Gravel Mine
Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC
Dear Commissioner Kirkmeyer:
Via Email
This letter is to formally withdraw my opposition to Broken Arrow Investments, LLC's ("BAI")
application to amend Use by Special Review ("USR") Permit No. USR-1660 to allow expansion of
the Derr Sand and Gravel Pit at 590 North Balsam Avenue. I had previously opposed this US.R
amendment in oral testimony before the Weld County Board of County Commissioners and in a
written statement that was submitted to Weld County and entered into the record for the USR permit
amendment proceedings. I have resolved my concerns regarding the mine expansion with HAI and
related parties and now wish to withdraw my previous opposition.
Sincerely,
cc: Kim Ogle, Weld County Planning Services (via email)
EXHIBIT
0
N
.O
Jessica Reid
Subject:
Attachments:
FW: Murata - Derr Pit USR Amendment
Murata 2.19.20.pdf; Murata Agreement Letter 2.19.20.pdf
From: JC York <Lcyork@-tconsulting.com>
Sent: Monday, May 4, 2020 7:42 PM
To: Kim Ogle <kogle@weldgov.com>
Cc: kahodge1@comcast.net
Subject: Murata - Derr Pit USR Amendment
gG
Q ua s -c a ‘ Low
Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Attached is the agreement we provided to Brian Murata. We met with Brian and discussed the agreement and the
ground water model in February.
He indicated he would review and get back to us as he was going to be out of town for a couple weeks. We contacted
him on March 10th to see if we could meet with him again. He was out of town and could not meet with us that week. He
sent a text message to us indicating he would not be signing the agreement on March 15th
The work to improve his well was completed on January 10, 2020 before asking him to sign the agreement.
Regards,
J.C.
J.C. York, P.E.
J&T Consulting, Inc.
305 Denver Avenue, Suite D
Fort Lupton, CO 80621
Office: (303) 857-6222
Mobile: (970) 222-9530
FAX: (303) 857-6224
1
Broken Arrow
Investments, LLC
801 8' Street, Suite 130
Greeley, CO 80631
Mr. Brian Murata
29485 County Road 43
Greeley, CO 80631
Phone: 970-396-8700
February 20, 2020
Re: Derr Pit Expansion Neighboring Landowner Agreement
Mr. Murata
Broken Arrow Investments, LLC has a State of Colorado Division of Reclamation, Mining, and
Safety (DBMS) Reclamation Permit M2008-078 to allow sand and gravel mining at the Derr Pit and
a Weld County Use by Special Review (USR) Permit USR-1660. We are currently in the process of
amending the USR permit to include additional area north of the original permit boundary. Per our
meetings and previous discussions we are providing the attached agreement for your review and
we wish to finalize this agreement so we may move forward with getting approval of the USR
amendment with Weld County.
We would like to cover a few items with this letter to discuss how we came to this proposed draft of
the attached agreement.
You own 1 well that is registered with the State of Colorado, Department of Natural Resources,
Division of Water Resources. There is one well on your Parcel No. 096104000066 at 29485 County
Road 43. The well number is Permit 246784 (domestic well).
• We have had AgPro monitoring your wells since September 2019 and will continue to do so
for the life of the Derr Pit mining.
• We hired Quality Well and Pump to inspect and test the existing domestic well. The
domestic well was inspected and pump tested by Quality Well and Pump on 1/10/20. The
pump was tested and produced 25 gpm for one hour and the stabilized water level was 55
feet below the top of the casing.
• The Derr Pit is going to start slurry wall construction for the original permitted area in March
of 2020.
• The Loloff Mine has completed the mining and are finishing the reclamation of the mine.
The slurry wall was constructed in 2017 and passed the State Engineer's Office required
leak test. No dewatering is occurring at the Loloff Mine.
Mr. Murata
RE: Derr Pit Expansion Neighboring Landowner Agreement
-2-
Below are the proposed items we would pay for based upon the existing conditions and evaluations
that have beencompleted:
• We hired Quality Well and Pump to set the pump lower to allow for better capacity and
pumping. The pump was lowered on 1110/20 and the intake was set at 70' below the top of
the casing. The pump was tested and produced 25 gpm for one hour and the stabilized
water level was 55 feet below the top of the casing.
• If monthly monitoring shows that the water level in the existing domestic well on the
Property gets to a level where pumping is no longer possible, BAI shall, within ten days of
such water level measurement and at its sole expense, hire Quality Well and Pump of La
Salle, Colorado to check the pump in the affected well and repair to allow continued
production. During the time the well is out of service BAI would pay the North Weld Water
District water bill and assist with plumbing changes to make the potable water available for
the domestic well irrigation.
We would like to have you review and respond back to us by March 15th so we may finalize the
agreement.
Sincerely,
Kelly Hodge
Broken Arrow Investments, LLC
Broken Arrow Investments, LLC
801 8th St., Suite 130
Greeley, CO 80631
(303) 566-5090
DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT
THIS AGREEMENT ("Agreement") is made this day of , 2020 by and
between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130,
Greeley, Colorado 80631; Loloff Construction, Inc. ("Loloff"), whose address is 801 8th Street,
Suite 130, Greeley, Colorado 80631; Global Asset Recovery, LLC ("GAR"), whose address is
6530 Constitution Dr., Fort Wayne, Indiana 46804; and Brian Murata whose address is 29485
County Road 43, Greeley, Colorado 80631 ("Murata") (:collectively, the "Parties").
RECITALS
1. GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue
in Weld County, Colorado. BAI operates the Derr Pit as an active sand and gravel mine
under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation,
Mining, and Safety ("DRMS"). Loloff owns and operates the Loloff Sand and Gravel Pit
("Loloff Pit") located directly across North Balsam Avenue from the Derr Pit. Loloff
operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985-
112.
2. GAR, BAI, and Loloff, hereinafter collectively referred to as the "Companies," have
common, though not identical, interest in the matters addressed by this Agreement.
3. DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27, 2018
(Revision No. AMO 1) to allow BAI to expand mining into an area north and west of the
existing Derr Pit boundary, as shown in Exhibit A ("Amendment Area").
4. In addition to the amended State DRMS permit, BAI also requires Weld County approval
to expand operations into the Amendment Area. As part of this approval, Weld County
granted a zoning change on September 11, 2019 for the Amendment Area, which BAI
recorded on December 4, 2019. BAI is in the process of amending the Weld County Use
by Special Review ("USR") Permit, 2MJUSR19-08-1660, as the final authorization
necessary to begin mining the Amendment Area.
5. Murata owns Parcel No. 096104000066 at 29485 County Road 43 ("Property"), which lies
immediately south of the Amendment Area. North Weld County Water District provides
potable water service to the Property.
6. Murata has opposed BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, in oral
testimony before the Weld County Board of County Commissioners and in letters
submitted to Weld County and entered into the record for the USR permit amendment
proceedings.
7. Murata's opposition to the USR Permit amendment is primarily, though not exclusively,
based on its belief that existing mining operations at the Loloff and Derr Pits have
negatively impacted a water well on the Property ("Murata well"), and that additional
mining in the Amendment Area will exacerbate such impacts.
The Parties disagree as to whether and to what extent existing mining operations have
impacted the well, and whether and to what extent mining in the Amendment Area will
impact the well.
9. To address Murata's concerns, BAI has: researched the Murata well to identify potential
impacts from past Loloff and Den mining operations and hired a groundwater engineer to
study the impacts from current and planned mining operations. BAI has shared the results
of the research and study with Murata. BAI also hired Quality Well and Pump to provide
a new pump and set the pump at a lower depth of 70 feet in the well to provide better
capacity and reliability as the existing pump was set at 50 feet of depth.
10. The Parties wish to resolve all outstanding issues through this Agreement.
THEREFORE, in consideration of the mutual promises and obligations stated herein, and the
mutual benefits to be derived therefrom, the Parties agree as follows:
COVENANTS AND CONDITIONS
I. Purpose of Agreement
The purpose of this Agreement is to address Murata's concerns related to BAI's and
Loloff s existing and planned mining operations, have Murata withdraw its opposition to
BAIs efforts to amend the USIA Permit, 2MJUSR19-08-1660, and fully resolve all issues
and obligations between Murata and the Companies related to operations at the Den- and
Loloff Pits. This Agreement is further intended to facilitate BAI's efforts to obtain final
authorization from Weld County to expand its mining operations into the Amendment
Area.
II. Identification of Concerns
Murata identifies the following concerns as the basis for its objection to the Derr Pit
expansion:
A. Noise
Murata has concerns about noise that will be generated by operations.
B. Dust
Murata has concerns about dust that will be generated by operations.
C. Traffic
2
Murata has concerns about increased traffic generated by operations in the
Amendment Area and the travel routes of the mine -related vehicles.
D. Water Well
Murata has one well on Parcel No. 096104000066 (domestic) that Murata believes
will be impacted by the operations.
Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits.
III. Obligations of the Parties
To fully and completely address Murata's concerns regarding BAI's and Loloff's past and
planned mining operations; to allow Murata to withdraw its objections to BAI's efforts to
amend the USR Permit 2MJUSR19-08-1660; and to facilitate BAI's expansion of
operations into the Amendment Area, the Parties agree as follows:
A. BAI and Loloff
1. Noise
a. BAI shall comply with all applicable noise requirements contained
in amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAI will further prohibit the use of compression
release braking (Jake Brake) by vehicles servicing the Derr Pit,
including the Amendment Area.
b. Loloff shall comply with all applicable noise requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will further prohibit the use of compression
release braking (Jake Brake) by vehicles servicing the Loloff Pit.
2. Dust
a. BAI shall comply with all applicable dust requirements contained in
amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAT shall also comply with its Colorado Air
Pollution Control Division permits for the Derr Pit, including the
Amendment Area, which specifically address particulate emissions
(dust) from the pit and associated mining equipment.
b. Loloff shall comply with all applicable dust requirements contained
in USR Permit No. AM USR-690, State laws, and local ordinances.
Loloff shall also comply with its Colorado Air Pollution Control
Division permits for the Loloff Pit, which specifically address
3
particulate emissions (dust) from the pit and associated mining
equipment.
3. Traffic
a. BAI will comply with all applicable traffic requirements contained
in amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAI will ensure that drivers servicing the Derr Pit
utilize only designated haul routes.
b. Loloff will comply with all applicable traffic requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will ensure that drivers servicing the Loloff Pit
utilize only designated haul routes.
4. Water Well
a. BAI shall perform monthly monitoring on the Murata well that
Murata continues to operate after execution of this Agreement,
provided Murata grants access to do so in accordance with
Paragraph III.B.3. hereof. Such monitoring shall consist of
measuring the static water level in the well. BAI shall send the
monitoring results to Murata each month by certified mail.
b. If monthly monitoring shows that the water level in the existing
domestic well on the Property gets to a level where pumping is no
longer possible, BAI shall, within ten days of such water level
measurement and at its sole expense, hire Quality Well and Pump of
La Salle, Colorado to check the pump in the affected well and repair
to allow continued production. During the time the well is out of
service BAI would pay the North Weld Water District water bill and
assist with plumbing changes to make the potable water available
for the domestic well irrigation.
B. Murata
Within seven days of the execution of this Agreement, Murata shall provide
the Weld County Board of County Commissioners a letter withdrawing her
objections to BAP s efforts to amend the USR Permit, 2MJU R19-08-1660,
to allow mining in the Amendment Area. Murata' s withdrawal letter shall
be substantively similar to the draft letter contained in Exhibit B to this
Agreement.
2. Murata shall fully consent to and support BAI' s efforts to gain
governmental approval to expand mining operations into the Amendment
Area. Murata shall not, to a Government Authority or otherwise, protest,
condition, delay, prevent, or oppose in any way such efforts by BAI, or
encourage or facilitate others to do so. As used in this Agreement,
"Government Authority" includes the Weld County Board of County
Commissioners, and any other federal, state, or local entity with authority
to authorize, regulate, police, or oversee BAI's mining operations.
For the Term of this Agreement, Murata shall provide BAT representatives
access to the Murata well during reasonable business hours to perform the
monitoring required under Subparagraph III.A.4.b. hereof.
4. For the Term of this Agreement, except in an emergency that presents an
imminent threat to life or property, Murata shall first contact Loloff or BAI
with any issues or concerns regarding operations at the Loloff or Den Pits,
including the Amendment Area, before contacting any Government
Authority. The purpose of this initial contact is to allow Loloff or BAI to
address Murata issues or concerns before involving others. Loloff and BAI
designate the following individual as the contact person for purposes of this
provision:
Kelly A. Hodge
kahodgel@comcast.net
970-566-5090
IV. Conditions Precedent
A. BAI's and Loloff s obligation to perform the tasks identified in Paragraphs III.A.1.
through 3. hereof, to the extent not already required by applicable law, shall
commence upon execution of this Agreement, except that obligations relating to
the Amendment Area shall be triggered by commencement of mining operations
therein.
B. BAI's obligation to perform the monitoring required by Subparagraph III.A.4.b.,
hereof, shall commence on the execution of this Agreement and continue
throughout its Term so long as Murata provides access to the well as specified in
Paragraph III.B.3. of this Agreement.
V. No Admissions
By entering this Agreement, no Party makes any admissions as to the possible effects of existing
and planned mining operations on the Murata well.
VI. Term
The Term of this Agreement shall be from its execution until DRIVIS releases the reclamation
bonds on the Loloff and Derr Pits, including the Amendment Area. Obligations created herein
relating to only one of the pits shall terminate with the release of the reclamation bond for that pit.
5
VII. Preservation of Future Claims
Nothing in this Agreement is intended to prevent Murata from asserting future claims regarding
the Murata well to the extent such claims are supported by evidence establishing that the claims
are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution
of this Agreement, and that Murata has provided continuous access for well monitoring as required
in Paragraph III.B.3. hereof.
VIII. General Provisions
A. This Agreement shall be construed according to the applicable laws of the State of
Colorado. Proper venue for any action to enforce the terms, or arising from the
breach, of this Agreement is in Weld County, Colorado.
B. Failure of any Party to insist, in any one or more instances, upon the performance
of any of the terms, covenants, or conditions of this Agreement, or to exercise any
of its rights, shall not waive such term, covenant, condition, or right with respect to
future performance.
C. Partial or complete invalidity of any one or more provisions of this Agreement shall
not affect the validity or continuing force and effect of any other provision.
D. This Agreement has been negotiated between and among the Parties, each of whom
had adequate opportunity to consult legal counsel. Therefore, this Agreement shall
not be interpreted against any Party as the "drafter," but shall be construed in a
neutral manner.
E. This Agreement constitutes the entire agreement of the Parties regarding the subject
matter hereof and supersedes all prior negotiations, understandings, conversations,
correspondence, and agreements between the Parties. Unless otherwise set forth
herein, this Agreement may not be modified or amended, except by a writing signed
by all Parties.
F. This Agreement binds the Parties, their successors, and assigns. No Party shall
assign or transfer its interest in this Agreement without the prior written consent of
the others, which shall not be unreasonably withheld.
G. This Agreement may be executed in one or more counterparts, each of which shall
be considered an original but all of which taken together shall constitute one and
the same legal instrument.
IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the
date first written above.
6
BROKEN ARROW INVESTMENTS, LLC
BY:
TITLE:
LOLOFF CONSTRUCTION, INC.
BY:
TITLE:
GLOBAL ASSETS RECOVERY, LLC
BY:
TITLE:
Brian Murata
BY:
TITLE:
7
Exhibit A
Amendment Area Map
8
Exhibit B
Sample Letter to Weld County Board. of County Commissioners
9
Jessica Reid
Subject:
Attachments:
FW: Francis Agreement - Derr Pit USR Amendment
Francis Agreement Updated 3.16.20.pdf; Robert Francis Agreement Letter 3.16.20.pdf
From: JC York <*cyork@j-tconsulting.com>
Sent: Monday, May 4, 2020 8:04 PM
To: Kim Ogle <kogle@weldgov.com>
Cc: kahodgel@comcast.net
Subject: Francis Agreement - Derr Pit USR Amendment
Cautior This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Attached is the most recent agreement we provided to Rocky Francis. I delivered a hard copy and put in his mailbox as I
was instructed to do so by Rocky on March 17th. I asked him to review and get back to us to see if we could enter into an
agreement to rehab his existing irrigation well and also pay for the two alluvial domestic wells (one for his original
property and one for the property he purchased from Kohloff) to be re -drilled in the alluvial aquifer or to that depth. He
wanted to drill these two domestic wells and permit them to also include stock watering, by doing this he indicated that
his stock well did not need to be looked at to rehab.
We had several discussions in November and again in February when we provided the first agreement. He is planning to
drill the domestic wells deeper into the Laramie Fox Hills aquifer but said that was his choice for the domestic wells.
We had Quality Well and Pump perform a pump test on his irrigation well on October 17th and then they videoed the
well on October 21st. We also had Quality Well and Pump inspect his stock well and the inspection found that the
existing column pipe had rusted and broke from the submersible pump in the bottom of the well.
Regards,
J.C.
J.C. York. P.E.
J&T Consulting, Inc.
305 Denver Avenue, Suite D
Fort Lupton, CO 80621
Office: (303) 857-6222
Mobile: (970) 222-9530
FAX: (303) 857-6224
1
Broken Arrow
Investments, LLC
801 8' Street, Suite 130
Greeley, CO 80631
Robert Francis
P.O. Box 843
Greeley, CO 80632-0843
March 16, 2020
Re: Derr Pit Expansion Neighboring Landowner Agreement
Mr. Francis:
Broken Arrow Investments, LLC has a State of Colorado Division of Reclamation, Mining, and
Safety (DBMS) Reclamation Permit M2008-078 to allow sand and gravel mining at the Derr Pit and
a Weld County Use by Special Review (USR) Permit USR-1660. We are currently in the process of
amending the USR permit to include additional area north of the original permit boundary. Per our
meetings and previous discussions we are providing the attached agreement for your review and
we wish to finalize this agreement so we may move forward with getting approval of the USR
amendment with Weld County.
We would like to cover a few items with this letter to discuss how we came to this proposed draft of
the attached agreement.
• You own 4 wells that are registered with the State of Colorado, Department of Natural
Resources, Division of Water Resources. There are three wells on your original Parcel No.
096104301011 at 351 East 8th Street. The well numbers are Case No. W-4689 (stock well)
Permit 26555, Permit 13588-F (domestic well), and Permit 30562-F (irrigation well). There is
one well on the property you purchased from Kohloff Parcel No. 096104301027 at 701
Balsam Avenue. The well number is Permit 223887.
• Previously we had tried to re -drill wells for you when we had John's Pump Service available
to do the work back in January 2018 but were unable to get your approval to do so.
• The stock well was inspected by Quality Well and Pump in October of 2019 and the
discharge pipe was found to be rusted out and separated from the existing pump. This item
was discussed and you indicated that you did not want to repair as you would rather re -drill
the domestic well and permit for outdoor landscape/yard watering and stock watering in
addition to the domestic use.
• The irrigation well was inspected and pump tested by Quality Well and Pump and the
Mr. Francis
RE: Derr Pit Expansion Neighboring Landowner Agreement
-2-
screened casing was found to be 85% plus plugged. The pump test indicated that the
current condition allowed 125-150 gpm to be pumped during the 2 hour pump test.
• We had Quality Well and Pump provide some estimates of re -drilling alluvial domestic wells
and rehabilitating the irrigation well.
• The Loloff Mine has completed the mining and are finishing the reclamation of the mine.
The slurry wall was constructed in 2017 and passed the State Engineer's Office required
leak test. No dewatering is occurring at the Loloff Mine.
Below are the proposed items we would pay for based upon the existing conditions and evaluations
that have been completed:
• The property you purchased from Kohloff Parcel No. 96104301027 at 701 Balsam Avenue
is currently served by North Weld Water District with potable water. The estimate to re -drill
the existing alluvial domestic well provided by Quality Well and Pump was $9,886.86. We
would propose to pay you/Quality Well and Pump this amount for the re -drilling of the
existing domestic well per the attached agreement.
• The irrigation well rehab estimate provided by Quality Well and Pump was $19,346.05. We
would propose to pay you/Quality Well and Pump $19,346.05 for the rehab of the existing
irrigation well per the attached agreement.
• The existing domestic well on your original Parcel No. 096104301011 at 351 East 8th Street
does not currently have a pump installed in it. This parcel is also served by the City of
Greeley for potable water service. The estimate to re -drill the existing alluvial domestic well
provided by Quality Well and Pump was $9,886.86. We would propose to pay you/Quality
Well and Pump this amount for the re -drilling of the existing domestic well per the attached
agreement.
We would like to have you review and respond back to us at your earliest convenience so we may
finalize the agreement.
Sincerely,
Kelly Hodge
Broken Arrow Investments, LLC
Broken Arrow Investments, LLC
801 8th St., Suite 130
Greeley, CO 80631
(303) 566-5090
DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT
THIS AGREEMENT ("Agreement") is made this day of , 2020 by and
between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130,
Greeley, Colorado 80631; Loloff Construction, Inc. ("Loloff"), whose address is 801 8th Street,
Suite 130, Greeley, Colorado 80631; Global Asset Recovery, LLC ("GAR"), whose address is
6530 Constitution Dr., Fort Wayne, Indiana 46804; and Robert D. Francis ("Francis") whose
address is 351 8tii Street, Greeley, Colorado 80631 (collectively, the "Parties").
RECITALS
1, GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue
in Weld County, Colorado. BAI operates the Derr Pit as an active sand and gravel mine
under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation,
Mining, and Safety ("DRMS"). Loloff owns and operates the Loloff Sand and Gravel Pit
("Loloff Pit") located directly across North Balsam Avenue from the Derr Pit. Loloff
operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985-
112.
2. GAR, BAI, and Loloff, hereinafter collectively referred to as the "Companies," have
common, though not identical, interest in the matters addressed by this Agreement.
3. DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27, 2018
(Revision No. AMO 1) to allow BAI to expand mining into an area north and west of the
existing Derr Pit boundary, as shown in Exhibit A ("Amendment Area").
4. In addition to the amended State DRMS permit, BAI also requires Weld County approval
to expand operations into the Amendment Area. As part of this approval, Weld County
granted a zoning change on September 11, 2019 for the Amendment Area, which BAI
recorded on December 4, 2019. BAI is in the process of amending the Weld County Use
by Special Review ("USR") Permit, 2MJUSR19-08-1660, as the final authorization
necessary to begin mining the Amendment Area.
5. Francis owns two properties near the existing Loloff and Den Pits, and the Amendment
Area: Parcel No. 096104301 011 at 351 East 8th Street, and Parcel No. 0961043 01 027 at
701 Balsam Avenue. The City of Greeley provides potable water service to Parcel No.
0961043 01 011 and the North Weld County Water District provides potable water service
to Parcel No. 096104301027.
6. Francis has opposed BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, in oral
testimony before the Weld County Board of County Commissioners and in a July 16, 2019
affidavit that was submitted to Weld County and entered into the record for the USR permit
amendment proceedings.
Francis' opposition to the USR Permit amendment is primarily, though not exclusively,
based on his belief that existing mining operations at the Loloff and Derr Pits have
negatively impacted various water wells on the two Francis parcels ("Francis wells"), and
that additional mining in the Amendment Area will exacerbate such impacts.
8. The Parties disagree as to whether and to what extent existing mining operations have
impacted the wells, and whether and to what extent mining in the Amendment Area will
impact the wells.
To address Francis' concerns, BAT has: retained qualified individuals to assess the current
status of the Francis wells; hired a groundwater engineer to study the impacts from current
and planned mining operations; and obtained cost estimates from a well drilling and
servicing company for making certain improvements to the wells. BAI has shared the
results of the inspections, study, and cost estimates with Francis.
10. The Parties wish to resolve all outstanding issues through this Agreement.
THEREFORE, in consideration of the mutual promises and obligations stated herein, and the
mutual benefits to be derived therefrom, the Parties agree as follows:
COVENANTS AND CONDITIONS
I. Purpose of Agreement
The purpose of this Agreement is to address Francis' concerns related to BAI's and
Loloff's existing and planned mining operations, have Francis withdraw his opposition to
BAT's efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues
and obligations between Francis and the Companies related to operations at the Derr and
Loloff Pits. This Agreement is further intended to facilitate BAI's efforts to obtain final
authorization from Weld County to expand its mining operations into the Amendment
Area.
II. Identification of Concerns
Francis identifies the following concerns as the basis for his objection to the Derr Pit
expansion:
A. Noise
Francis has general concerns about noise that will be generated by operations in the
Amendment Area.
B. Dust
Francis has general concerns about dust that will be generated by operations in the
Amendment Area.
2
Traffic
Francis has general concerns about increased traffic generated by operations in the
Amendment Area and the travel routes of the mine -related vehicles.
D. Water Wells
Francis has four wells total on the two parcels (three on Parcel No. 0961043 01011
and one on Parcel No. 096104301027). Francis believes these wells will be
impacted by operations in the Amendment Area.
Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits.
III. Obligations of the Parties
To fully and completely address Francis' concerns regarding BAI's and Loloff's past and
planned mining operations, to allow Francis to withdraw his objections to BAI's efforts to
amend the USR Permit 2MJUSR19-08-1660; and to facilitate BAI's expansion of
operations into the Amendment Area, the Parties agree as follows:
A. BAI and Loloff
1. Noise
a. BAI shall comply with all applicable noise requirements contained
in amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAI will further prohibit the use of compression
release braking (Jake Brake) by vehicles servicing the Derr Pit,
including the Amendment Area.
b. Loloff shall comply with all applicable noise requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will further prohibit the use of compression
release braking (Jake Brake) by vehicles servicing the Loloff Pit.
2. Dust
a. BAT shall comply with all applicable dust requirements contained in
amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAI shall also comply with its Colorado Air
Pollution Control Division permits for the Derr Pit, including the
Amendment Area, which specifically address particulate emissions
(dust) from the pit and associated mining equipment.
b. Loloff shall comply with all applicable dust requirements contained
in USR Permit No. AM USR-690, State laws, and local ordinances.
3
Loloff shall also comply with its Colorado Air Pollution Control
Division permits for the Loloff Pit, which specifically address
particulate emissions (dust) from the pit and associated mining
equipment.
3. Traffic
a. BAI will comply with all applicable traffic requirements contained
in amended USR Permit No. 2MJUSR19-08-1660, State laws, and
local ordinances. BAT will ensure that drivers servicing the Derr Pit
utilize only designated haul routes.
b. Loloff will comply with all applicable traffic requirements
contained in USR Permit No. AM USR-690, State laws, and local
ordinances. Loloff will ensure that drivers servicing the Loloff Pit
utilize only designated haul routes.
4. Water wells
a. To best accommodate the disagreement between the Parties
regarding past or potential future mining impacts to the Francis
wells and the various options available to address such well issues,
the Parties have agreed to a lump sum payment for re -drilling two
domestic wells and rehabilitation of the irrigation well to fully
satisfy Francis' well concerns. BAI shall pay Quality Well and
Pump such lump sum in accordance with the provisions of Section
V of this Agreement.
b. BAI shall perform monthly monitoring on all Francis wells that
remain active after execution of this Agreement, provided Francis
grants access to do so in accordance with Paragraph III.B.3. hereof.
Such monitoring shall consist of measuring the static water level in
each well. BAI shall send the monitoring results to Francis each
month by certified mail.
B. Francis
1. On the same day of the execution of this Agreement, Francis shall provide
the Weld County Board of County Commissioners a letter withdrawing his
objections to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660,
to allow mining in the Amendment Area. Francis' withdrawal letter shall
be substantively similar to the draft letter contained in Exhibit B to this
Agreement.
Francis shall fully consent to and support BAI's efforts to gain
governmental approval to expand mining operations into the Amendment
Area. Francis shall not, to a Government Authority or otherwise, protest,
condition, delay, prevent, or oppose in any way such efforts by BAT, or
encourage or facilitate others to do so. As used in this Agreement,
"Government Authority" includes the Weld County Board of County
Commissioners, and any other federal, state, or local entity with authority
to authorize, regulate, police, or oversee BAI's mining operations.
3. For the Term of this Agreement, Francis shall provide BAT representatives
access to the Francis wells during reasonable business hours to perform the
monitoring required under Subparagraph III.A.4.b. hereof.
4. For the Term of this Agreement, except in an emergency that presents an
imminent threat to life or property, Francis shall first contact Loloff or BAI
with any issues or concerns regarding operations at the Loloff or Den Pits,
including the Amendment Area, before contacting any Government
Authority. The purpose of this initial contact is to allow Loloff or BAI to
address Francis' issues or concerns before involving others. Loloff and BAI
designate the following individual as the contact person for purposes of this
provision:
Kelly A. Hodge
kahodgel@comcast.net
970-566-5090
IV. Conditions Precedent
A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs III.A.1.
through 3. hereof, to the extent not already required by applicable law, shall
commence upon execution of this Agreement, except that obligations relating to
the Amendment Areashall be triggered by commencement of mining operations
therein.
B. BAI's obligation to make the lump sum payment identified in Subparagraph
III.A.4.a. of this Agreement is conditioned on the following:
1. Francis providing the letter to the Weld County Board of County
Commissioners withdrawing his objections in accordance with Paragraph
III.B.1. of this Agreement;
2. Francis' compliance with the conditions of Paragraph III.B.2. of this
Agreement during BAI's efforts to gain governmental approval to mine in
the Amendment Area;
3. Weld County's final approval of the amended USR Permit, 2 MJU R 19- 0 8 -
1660, to allow mining in the Amendment Area, and BAT's decision, in its
5
sole discretion, to accept the amended permit and mine the Amendment
Area;.
4. Francis' compliance with the conditions of Paragraph 11113.3., hereof,
regarding well access (with satisfaction of this condition precedent to be
measured as of the day that BAI communicates to Francis its decision
referenced in Paragraph B.3. of this Section IV); and
5. Francis' compliance with the conditions of Paragraph III.B.4., hereof,
regarding initial contacts (with satisfaction of this condition precedent to be
measured as of the day that BAT communicates to Francis its decision
referenced in Paragraph B.3. of this Section IV).
C. BAI's obligation to perform the monitoring required by Subparagraph III.A.4.b.,
hereof, shall commence on the execution of this Agreement and continue
throughout its Term so long as Francis provides access to the wells as specified in
Paragraph III.B.3. of this Agreement.
V. Timing and Effect of Lump Sum Payment
on the day of execution of this Agreement, BAI shall deliver to Francis/Quality Well and Pump a
check for the lump sum payment. This lump sum amount is based on the well inspections, cost
estimates for specific well improvements, and arm's length negotiations between Francis and the
Companies. The lump sum payment will allow Francis the flexibility to manage his wells as he
deems appropriate, and following such payment, Francis shall be solely responsible for securing
any improvements and performing any maintenance thereon. Francis agrees that the lump sum
amount fully and fairly addresses his well concerns and that BAI's payment of same satisfies any
and all obligations the Companies may have with respect to the Francis wells.
VI. No Admissions
By entering this Agreement, no Party makes any admissions as to the possible effects of existing
and planned mining operations on the Francis wells.
VII. Term
The Term of this Agreement shall be from its execution until DRNTS releases the reclamation
bonds on the Loloff and Derr Pits, including the Amendment Area. Obligations created herein
relating to only one of the pits shall terminate with the release of the reclamation bond for that pit.
VIII. Preservation of Future Claims
Nothing in this Agreement is intended to prevent Francis from asserting future claims regarding
the Francis wells to the extent such claims are supported by evidence establishing that the claims
are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution
6
of this Agreement, and that Francis has provided continuous access for well monitoring as required
in Paragraph III.B.3. hereof.
IX. General Provisions
A. This Agreement shall be construed according to the applicable laws of the State of
Colorado. Proper venue for any action to enforce the terms, or arising from the
breach, of this Agreement is in Weld County, Colorado.
B. Failure of any Party to insist, in any one or more instances, upon the performance
of any of the terms, covenants, or conditions of this Agreement, or to exercise any
of its rights, shall not waive such term, covenant, condition, or right with respect to
future performance.
C. Partial or complete invalidity of any one or more provisions of this Agreement shall
not affect the validity or continuing force and effect of any other provision.
D. This Agreement has been negotiated between and among the Parties, each of whom
had adequate opportunity to consult legal counsel. Therefore, this Agreement shall
not be interpreted against any Party as the "drafter," but shall be construed in a
neutral manner.
E. This Agreement constitutes the entire agreement of the Parties regarding the subject
matter hereof and supersedes all prior negotiations, understandings, conversations,
correspondence, and agreements between the Parties. Unless otherwise set forth
herein, this Agreement may not be modified or amended, except by a writing signed
by all Parties.
F. This Agreement binds the Parties, their successors, and assigns. No Party shall
assign or transfer its interest in this Agreement without the prior written consent of
the others, which shall not be unreasonably withheld.
G. This Agreement may be executed in one or more counterparts, each of which shall
be considered an original but all of which taken together shall constitute one and
the same legal instrument.
SIGNATURE PAGE TO FOLLO
IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the
date first written above.
BROKEN ARROW INVESTMENTS, LLC,
7
BY:
TITLE:
LOLOFF CONSTRUCTION, INC.
BY:
TITLE:
GLOBAL ASSETS RECOVERY, LLB
BY:
TITLE:
ROBERT D. FRANCIS
BY:
Robert D. Francis
8
Exhibit A
Amendment Area Map
9
Exhibit B
Sample Letter to Weld County Board. of County Commissioners
10
WaveEngineering
November 20, 2019
Mr. J.C. York, P.E.
J & T Consulting, Inc.
305 Denver Avenue, Suite D
Fort Lupton, CO 80621
Acoustics, Noise & Vibration
Re: Derr Gravel Pit — Noise Study
Wave #2016
Dear J.C.,
We have completed our assessment of the noise generated from operation of the proposed Derr
Gravel Pit on residential properties around the site. The gravel pit site is located east and
southeast of the intersection of Balsam Street and East C Street, and west of WCR 43, on the
northeast side of Greeley. We predicted sound levels from the proposed future gravel pit mine
operation and haul trucks on the new on -site access road.
Since our original assessment (see report dated August 31, 2019), we have added a review of
noise levels when mining occurs close to the perimeter of the property and measured sound
levels from existing mining operations.
As currently designed, the worst case predicted sound levels meet the Weld County Industrial
limit at the entire perimeter of the site. The Residential limit is not met at all points on the
property line, but is met at the closest homes themselves. As the pit is developed and the
equipment moves further below the surface, the sound levels will be reduced further.
Weld County Noise Regulation
The Weld County Code, Chapter 14, Article IX sets limits for noise levels in Weld
County. The noise level limit during daytime hours (defined as 7:00 a.m. to 9:00 p.m.) for
Residential, Commercial, and Nonspecified areas is 55 dBA. The daytime limit for
Industrial and Construction Activities is 80 dBA during daytime hours. The gravel pit
will only operate during daytime hours.
■
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. J.C. York, P.E.
November 20, 2019
Page 2
Section 14-9-20 of the code provides the following definitions of Residential and
Industrial land uses.
"Residential Property means any property which is occupied by a residence,
including single-family or multi family dwellings and apartments, and is located
in a platted major residential subdivision, planned unit development or minor
subdivision, or is located in the R, R-1, R-2, E, E-1, M or M-1 Zone District.. "
"Industrial Area means an area where manufacturing, processing or fabrication
of any commodity, storage and warehousing, wholesale sales of equipment,
materials and supplies, repair, servicing and rental of vehicles and other
commodities and other similar activities are conducted."
The properties surrounding the proposed gravel pit are zoned Agricultural (A) and Low Density
Residential (R-1). There are approximately eight homes around the perimeter of the project site.
There is an existing gravel pit west of Balsam Street. There are Industrial uses to the southeast,
south, and southwest.
We have evaluated the predicted gravel pit noise levels and compared them to both the
Residential and Industrial limits.
Predicted Sound Levels from Gravel Pit Operations
Wave Engineering used Datakustik CadnaA noise prediction software to calculate noise levels
from the proposed gravel pit. The software takes into account sound that radiates from each noise
source, the effect of the terrain, buildings, berms, walls, and atmospheric conditions. The
calculations are done according to the methodology of ISO Standard 9613-2: Acoustics —
Attenuation of sound during propagation outdoors, Part 2: General method of calculation. This is
an international standard for predicting noise transmission outdoors. The calculations assume
downwind conditions in all directions. This is not possible in reality, but gives more of worst -
case prediction.
■
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. J.C. York, P.E.
November 20, 2019
Page 3
The following sound sources were included in the model.
• Semi -trucks traveling on the access road from Balsam Street and then around the loop
road to the Processing area.
o 171 trucks per day (15 trucks/hour), therefore 342 trips per day, over a period of 9
hours, which is an average of 38 truck trips per hour
This is the number of trucks projected during an average day of mine production.
• Haul Trucks (on site operation only)
o 3 trucks moving between the pit and the Processing area
• Processing Area Equipment
o 2 Cone Crushers
o 4 Screeners
o 2 Gensets
o 1 Tractor
o 2 Wheel loader
o 1 SkidSteer loader
o 1 Water wagon
• Mining Area
o 1 Tractor
o 2 Wheel loaders
o 1 Dozer
o 1 SkidSteer loader
o 1 Water wagon
The model was created using gravel pit drawings, topographic maps, and aerial photos of the
site. The Processing area will be placed where the existing grade is 8' to 10' below the
surrounding surface grade. The mining will begin at the grade and then move below the existing
grade. As the mining equipment moves below grade and is shielded from the surrounding
properties, the noise levels in each scenario will be lower at the perimeter of the site.
Wave Engineering measured sound data of similar screening and crushing equipment at the
existing gravel pit west of Balsam Street. The measured data was used in the noise prediction
model. Sound data for other equipment was obtained from the U.S. Federal Highway
Administration (FHA) Roadway Construction Noise Model (RCNM), equipment manufacturers,
and past measurements of similar equipment.
Wave Engineering has predicted one -hour average noise levels using the following assumptions
and conditions. The gravel pit is operating at full capacity. Stockpiles are incorporated around
the east and west sides of the processing area. 8' tall berms have been incorporated near the
■
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. J.C. York, P.E.
November 20, 2019
Page 4
intersection of Balsam Avenue and C Street, and along C Street where shown on the plans. The
crushers and screeners in the Processing area operate constantly. Other equipment such as
excavators, loaders, etc., operate at full load (and noise level) a percentage of the time that is
given in the RCNM.
Noise levels were predicted for two scenarios.
Scenario 1: shows noise levels when the initial mining activity takes place on the surface near the
center of the site. Refer to Figure 1 (attached) for the resulting noise contours.
Scenario 2: shows noise levels when the mining is 8' to 10' below grade and approaching the
Murata property near the southeast corner of the site. Refer to Figure 2 (attached) for the
resulting noise contours.
As the pit is excavated in either scenario, the equipment will become shielded by the pit walls.
As soon as the equipment is not visible, the noise level at adjacent properties will be reduced by
at least 5 dBA. Eventually, the equipment noise levels will be reduced by 10 to 15 dBA or more.
Field Measurements of Existing Mining Operation
Wave Engineering measured sound levels around the perimeter of the existing gravel pit on the
morning of Thursday, September 26, 2019, during normal operation. Each measurement is a
"snapshot" of relatively short duration (less than one minute).
The following test equipment was used.
Larson Davis Model 831 sound level meter S/N 0001119, Type 1 per ANSI S1.4
PCB preamp PRM831, S/N 026106
PCB 1/2" microphone Model 377B02, S/N 138652
Larson Davis CAL200 acoustic calibrator, S/N 11780
The system calibration was checked in the field before and after the measurements.
A Kestrel 3 000 portable weather meter was used to measure weather conditions. The temperature
varied from 57°F to 67°F during the measurements with relative humidity of approximately
47%. The sky was clear and sunny. The wind speed was 0 to 3 mph with wind from the
northwest to the northeast.
The measured sound levels are shown on the aerial photo of the site below.
■
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. J.C. York, P.E.
November 20, 2019
Page 5
Two numbers are shown at each location. The first number is the 90`h percentile exceedance
sound level (L9o). The L90 is a good representation of the sound levels during lulls in traffic on
Balsam Street, East C Street, or other roads near the measurement location. It shows the sound
level that is more constant with no cars passing by.
The second number is the equivalent sound level (LEQ). This is essentially the average sound
level.
The L90 is a better indicator of the noise from the gravel pit since the pit noise is relatively steady
and traffic on nearby roads is intermittent. The LEQ indicates the average sound level at a
location and includes traffic, aircraft, etc.
Note the big difference (41/60 dBA) in the two numbers at Location 1. The vehicles passing by
on East C Street have a big impact on the average. The L90 of 41 dBA shows that the pit noise is
41 dBA or less.
There is only a small difference (59/61 dBA) at Location 6 because this is close to the gravel pit
processing plant and traffic on local roads is not significant here. The pit noise is the dominant
noise source here.
Traffic noise significantly affects the average sound level at Locations 1, 2, 3, and 5.
■
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. J.C. York, P.E.
November 20, 2019
Page 6
L9O/LEo Sound Levels Measured at Existing Gravel Pit on Sept. 26, 2019
■
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. J.C. York, P.E.
November 20, 2019
Page 7
Conclusions
Figure 1 shows the average sound levels from the gravel pit with mining operations at full
capacity and beginning on the surface. The highest sound level at the site boundary is
approximately 60 dBA, so the Industrial limit of 80 dBA is met. The Residential limit of 55 dBA
is not met at the entire boundary, but is met at the closest homes themselves (homes shown in
white on the figure).
Figure 2 shows the average sound levels from the gravel pit with mining operations approaching
the southeast corner of the site near the Murata property. The highest sound level at the site
boundary is approximately 65 dBA, so the Industrial limit of 80 dBA is met. The Residential
limit of 55 dBA is not met at the entire boundary, but is met at the closest homes themselves,
including the Murata home (homes shown in white on the figure).
Please contact me if you have any questions or would like to discuss this report.
Sincerely,
Digitally signed by Jeff Kwolkoski
elf DN: cn=Jeff Kwolkoski, o=Wave
Engineering, Inc., ou,
email=jeffk@WaveEngineering.co
Kwolkoski
Date: 2019.11.20 15:39:18 -07'00'
Jeff Kwolkoski, P.E., INCE Bd. Cert.
President
Encl: Figures 1 & 2 (11"x17")
■
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Derr Gravel Pit
11II1°
Figure 1
TT
LEGEND
50 dBA
55 dBA
60 dBA
65 dBA
70 dBA
75 dBA
80 dBA
Derr Gravel Pit
iilonlici
Figure O
^s. - ._n __ - -.2--_
•
n•
i
-
I
•
• n
� I
'. -... arm- __IJ
__: Jar_ . 1_i •
ice' !Pr7
i
r ITC-fri I I I'IEapPa
1 ii 0.•
rer
ai. e.,r4.
1. • is. r' r. g.
k 5 4 r
•I' .71k'5-- •1 T�
+, _} .-
4.
li 4�i_ iJI,�I: t�
• v '
"•'• =_•:•
r.
- ay", . In;G•
:rircere:;.a.a.;
11�
rti
�.. S =Ohm•I Ii 13•
▪ .•
y,. , I re
•
•1
4.• b k .
J. v• ems' �• let) .5 �• -• nvy& I 5 4 7 11,E Y,t,�• - r: I , • `' 1 }� - s.
_• ELF'S
a ;
iTI
Mir 117r j:e di! So
.• ._--, .
e .t _
r
s
✓ r
' I- L 1 t. I• r d e P 1 4 .r .r. I r
•
+1 �4 yQ iR�~e�•'YB t a ti"eta _▪ • J n- ••'a1 y 4r a ▪ I a. '•c�
r5 a
'q
T
61.7
rT�4
—ny LL '
— .--
o rt,ti #if •
'- I.. I ,:( - Q•
r_ e
� i� �� T Ps„,„.t n7'•ti i
LI
a_r C s•r:r 111 ▪ I .I
!Mass... I.. J y ti • - 1
47 ...
—ia �1 ▪ • ' I ••
Y r<!• 1 t i
y I.
I'JI
•
r. ▪ '-.i.I I :rip, ..• '• , t=
.1� Ell L}y �. 4 —
•
pl!
to
.I ..m.ae, 1 •
° T - - ti
•
-44:is-
I� til •• 1� •-
1 7` - .
r ''
PROCESSING
PLANT
{ �� .. ti
I. . - -
- .•f• c-,.' 7• 'Y •
Si
--7,t �_.
a .tea J •-t ! - • - z1 � L -�. j r. y J • IJ 6 .. a 4 • L... _ 4 1 N. teem
m! I7 - mr ilk' a:21
'A �,- I•I J▪ ' r1 r IiLV I I I a ▪ ' }M. - Im•
}rI I 1 5 d o
S i :s.-• 1 I,
L Pi' F Z-1 - r,•"
...Cr
r .• '
I 1 . d'
ww 0
YYYYYY
I
•1 '• 14-I
r
•.• I
• • I All.•1 e
F A •iL
i`' �1411
,
r I• ' `"5"r { y.• - rti. foam.. .
P Z.•
,I J IA a i r 7min_
'. 11 '9 a ? y S ... . , �L I • ,•i�t r- 6y.,� 17+'.aP A �e Irk _ L r , r: ,
J -•.'. ' 4 LI J1f f•' 1 --! :..L -e
.a 1 .
• f rm'.,�•
46 eti
: , g , E.
1 I I,;
.1 ' , i
'I1I
•
V y e ;-_;-•-
-
I ; •'y l
1 •r y' .-I''i'j'
•Y
1 r
• •
1 Wm
▪ M-1
i
y
r
r,
. _i l ;_
ti 1 I1
} r •
%4
a'
Y.• _ y •—
▪ y .
II 9'1
a
r
I .r-1
J
. •..
�• . a• I _ ..J .4 �'1 1. I'. i I_ti ,
ti4I. .p1 • :_
r ° .• _..1 1'I ? a'!
-
MINING AREA
CO' down)
t
-01`,50-1-1*
`
•
ti
MLJHATA
LEGEND
50 dBA.
55 dBA
60 dBA
1
65 dBA
70 dBA
75 dBA
80 dBA
■
EXHIBIT
•
MILL IRON
OFFSITE PRIVATE WELLS
Units = Feet
•
SEPTEMBER 2019
PM 9/26/2019
OCTOBER 2019
26 -Sep -19 MK 10/10/2019
10 -Oct -19
NOVEMBER 2019
MK 11/14/19
ro
.o
ran
uSeAct
DECEMBER 2019
14 -Nov -19 MK 12/13/19
13 -Dec -19
Site Number
Identifier
Stick-up (Ground
or concrete
to monitoring
aQint)
slab
Adjusted Meter
Reading
(Subtract 0.165)
Field Reading
Depth to
Water
Depth to Water
from Ground
Surface
Field Reading
Depth to Water
Depth to Water
from Ground
Surface
Field Reading
Depth to Water
Depth to Water
from Ground
Surface
Field Reading
Depth to Water
Depth to Water
from Ground
Surface
1
Hofner #1 Dom
0.875
0.165
45.48
44.44
45.47
44.43
45.60
44.56
46.79
47.66
2
Hofner #2 Irr
-0.854
-0.165
48.67
47.65
48.45
47.43
48.89
47.87
49.00
48.15
3
Koehler #1 Dom (Vault)
5.000
-0.165
43.68
48.52
43.73
48.57
43.90
48.74
43.92
48.92
4
Koehler #2 stock (Vault)
6.290
-0.165
41.25
47.38
41.32
47.45
41.52
47.65
41.53
47.82
5
Koehler #3 In.
-0.271
-0.165
50.80
50.36
49.99
49.55
50.18
49.74
50.18
49.91
6
Global Assets Davis Irr
-1.125
-0.165
47.90
46.61
47.91
46.62
48.10
46.81
48.10
46.98
7
Bliss Irr
-1.021
-0.165
46.20
45.01
46.40
45.21
47.05
45.86
47.24
46.22
8
Parker Dom (Vault)
0.450
-0.165
no reading
#VALUE!
42.50
41.89
42.75
42.14
42.70
42.25
9
Francis #1 Stock
--1.625
-0.165
13.60
11.81
14.69
12.90
15.71
13.92
15.96
14.34
10
Francis #2 Irr
-1.375
-0.165
11.33
9.79
12.39
10.85
13.82
12.28
14.06
12.69
11
Francis #3 Dom
0.000
-0.165
12.20
12.04
13.21
13.05
14.61
14.45
14.87
14.87
12
Taylor Dom
-0.813
-0.165
17.33
16.35
17.03
16.05
18.95
17.97
19.45
18.64
13
Harrelll #1 Dom
-1.167
-0.165
11.25
10.08
11.80
10.47
12.03
10.70
12.00
10.83
14
Harrelll #2 Irr
-0.729
-0.165
10.08
9.35
10.65
9.76
10.95
10.06
10.92
10.19
15
Murata #1 Irr
-1.958
-0.165
50.25
48.13
50.20
48.08
50.80
48.68
50.82
48.86
OFFSITE PRIVATE WELLS
Units = Feet
Jan 20
Feb 20
Mar 20
Apr 20
MK 1/9/20
9 -Jan -20
MK 2/13/20
13 -Feb -20
12 -Mar -20
12 -Mar -20
9 -Apr -20
9 -Apr -20
Site Number
identifier
Stick-up (Ground
or concrete slab
to monitoring
nnintl
Field Reading
Depth to
Water
Depth to Water
from Ground
Surface
Field Reading
Depth to
Water
Depth to Water
from Ground
Surface
Field Reading
Depth to
Water
Depth to Water
from Ground
Surface
Field Reading
Depth to
Water
Depth to Water
from Ground
Surface
1
Hofner #1 Dom
-0.875
45.99
45.12
46.74
45.87
46.55
45.68
46.20
45.33
2
Hofner #2 In.
-0.854
49.39
48.54
50.03
49.18
50.21
49.36
50.12
49.27
3
Koehler #1 Dom (Vault)
5.000
44.17
49.17
44.88
49.88
44.62
49.62
44.23
49.23
4
Koehler #2 stock (Vault)
6.290
41.81
48.10
42.53
48.82
42.30
48.59
41.91
48.20
5
Koehler #3 Irr
-0.271
50.47
50.20
51.08
50.81
51.10
50.83
50.98
50.71
6
Global Assets Davis Irr
-1.125
48.34
47.22
49.10
47.98
48.69
47.57
48.27
47.15
7
Bliss Irr
-1.021
47.62
46.60
48.26
47.24
48.57
47.55
48.70
47.68
8
Parker Dom (Vault)
-0.450
42.90
42.45
43.59
43.14
42.98
42.53
42.39
41.94
9
Francis #1 Stock
-1.625
16.26
14.64
16.81
15.19
16.80
15.18
16.34
14.72
10
Francis #2 Irr
-1.375
14.36
12.99
14.92
13.55
14.88
13.51
14.35
12.98
11
Francis #3 Dom
0.000
15.16
15.16
15.68
15.68
15.69
15.69
15.19
15.19
12
Taylor Dom
-0.813
20.12
19.31
22.66
21.85
20.10
19.29
19.81
19.00
13
Harrell) #1 Dom
-1.167
12.04
10.87
12.38
11.21
12.44
11.27
12.16
10.99
14
Harrell) #2 In.
-0.729
10.97
10.24
11.26
10.53
11.26
10.53
11.02
10.29
15
Murata #1 Irr
-1.958
51.18
49.22
51.85
49.89
50.61
48.65
49.45
47.49
Project
2354-01
Client
Mill Iron
Location
Derr Pit
9/26/2018
10/26/2018
11/20/2018
Monitoring Well
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
MW -1
16.73
4614.65
17.06
4614.32
17.14
4614.24
MW -2
17.18
4613.73
17.06
4613.85
17.03
4613.88
MW -3
17.87
4613.51
17.67
4613.71
17.63
4613.75
MW -4
15.73
4615.90
15.38
4616.25
15.34
4616.29
MW -5
Broken, No Readings
Broken, No Readings
Broken, No Readings:
Broken, No Readings:
Broken, No Readings.
Broken, No Readings.
MW -6
15.31
4618.05
14.89
4618.47
14.78
4618.58
MW -7
0.00
0.00
16.57
4619.03
16.43
4619.17
MW -8
18.07
4617.17
17.79
4617.45
17.71
4617.53_
4618.81
MW -9
15.74
4618.28
15.32
4618.70
15.21
MW -10
14.75
4617.36
13.89
4618.22
14.25
4617.86
MW -11
14.21
4616.25
13.89
4616.57
13.80
4616.66
MW -12
16.58
4614.62
16.51
4614.69
16.49
4614.71
MW -13
17.42
4613.96
17.21
4614.17
17.18
4614.20
MW -14
49.19
4611.40
45.97
4614.62
45.90
4614.69
MW -15
41.59
4618._77
_ _ 41.11
4619.25
43.01
4617.35
MW -16
MW -17
MW -18
12/18/2018
1/17/2019
2/12/2019
3/7/2019
Meter Depth to Water
from TOC (ft) _
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
17.38
4614.00
17.72
4613.66
18.10
4613.28
18.30
4613.08
17.03
4613.88
17.56
4613.35
17.95
4612.96
18.19
4612.72
17.63
4613.75
18.16
4613.22
18.58
4612.80
18.79
4612.59
15.34
4616.29
15.74
4615.89
16.11
4615.52
25.46
4606.17
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
14.78
4618.58
15.13
4618.23
15.49
4617.87
15.74
4617.62
16.43
4619.17
16.75
4618.85
17.11
4618.49
17.34
4618.26
17.71
4617.53
18.09
4617.15
18.44
4616.80
18.65
4616.59
_ 15.21
4618.81
15.56
4618.46
15.92
4618.10
16.13
4617.89
14.25
4617.86
14.60
4617.51
14.98
4617.13
24.30
4607.81
13.80
4616.66
14.22
4616.24
14.58
4615.88
14.81
4615.65
16.49
4614./1
16.95
4614.25
17.33
4613.87
17.54
4613.66
26.48
4604.90
17.70
4613.68
18.08
4613.30
18.32
4613.06
45.90
4614.69
46.37
4614.22
46.75
4613.84
46.99
4613.60
43.01
4617.35
41.37
- 4618.99
41.71
4618.65
51.07
4609.29
- . -
r- -•
4/22/2019
5/14/2019
6/21/2019
7/24/2019
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
27.66
4603.72
22.31
4609.07
14.60
4616.78
16.41
4615.14
19.06
4611.85
28.70
4602.21
20.28
4610.63
20.75
4610.33
19.46
4611.92
20.22
4611.16
20.65
4610.73
20.92
4610.63
17.02
4614.61
18.63
4613.00
20.40
4611.23
20.49
4611.31
Broken, No Readings,
Broken, No Readings,
Broken, No Readings,
Broken, No Readings.
Broken, No Readings
Broken, No Readings,
Broken, No Readings,
Broken, No Readings,,
16.34
4617.02
17.63
4615.73
18.55
4614.81
18.61
4614.92
17.91
4617.69
18.71
4616.89
19.42
4616.18
19.42
4616.35
19.27
4615.97
19.91
4615.33
20.73
4614.51
20.90
4614.51
16.75
4617.27
25.56
4608.46
18.53 i
4615.49
18.77
4615.42
15.85
4616.26
26.60
4605.51
18.67
4613.44
18.79
4613.49
15.55
4614.91
16.70
4613.76
17.87
4612.59
_ 18.04
4612.59
18.03
4613.17
27.43
4603.77
19.09
4612.11
19.62
4611.75
19.18
4612.20
29.09
4602.29
20.87
4610.51
21.17
4610.38
47.61
4612.98
48.44
4612.15
49.02
4611.57
50.15
4610.61
42.55
4617.81
43.49
4616.87
43.61
4616.75
44.31
4616.22
8/21/2019
9/17/2019
10/10/2019
11/13/2019
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
17.99
4613.56
no reading, roots
no reading, roots
18.50
4613.05
18.46
4613.09
21.11
4609.97
22.56
4608.52
22.18
4608.90
23.31
4607.77
21.28
_ 4610.27
22.57
4608.98
22.36
4609.19
23.28
4608.27
20.63
4611.17
22.74
4609.06
22.27
4609.53
23.18
4608.62
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
Broken, No Readings
18.95
4614.58
19.54
4613.99
20.00
4613.53
20.30
4613.23
19.85
4615.92
20.38
4615.39
20.71
4615.06
21.05
4614.72
21.41
4614.00
22.27
4613.14
22.51
4612.90
23.01
4612.40
19.16
4615.03
19.75
4614.44
19.96
4614.23
20.28
4613.91
19.10
4613.18
19.87
4612.41
20.48
4611.80
20.82
4611.46
18.45
4612.18
19.61
4611.02
19.79
4610.84
20.36
4610.27
20.23
4611.14
21.61
4609.76
21.31
4610.06
22.43
4608.94
_ 21.39
4610.16
22.97
4608.58
22.55
4609.00
23.62
4607,93
49.56
4611.20
50.66
4610.10
50.65
4610.11
50.65
4610.11
44.71
4615.82
45.08
4615.45
45.40
4615.13
45.64
4614.89
43.63
4612.73
44.44
4611.92
44.52
4611.84
44.87
4611.49
47.00
4616.80
46.95
4616.85
46.59
4617.21
46.75
4617.05
46.38
4621.28
46.52
4621.14
46.61
4621.05
46.74
4620.92
12/10/2019
1/9/2020
2/12/2020
3/12/2020
4/9/:
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to Water
from TOC (ft)
Water Elevation
(MSL)
Meter Depth to
Water from TOC
(ft)
Water Elevation
(MSL)
Meter Depth to
Water from TOC
(ft)
no reading, roots
no reading, roots
no reading, roots
no reading, roots
no reading, roots
no reading, roots
no reading, roots
no reading, roots
no reading, roots
23.30
4607.61
23.53
4607.38
25.04
4605.87
21.48
4609.43
19.75
23.32
4608.06
23.63
4607.75
25.82
4605.56
22.30
4609.08
20.65
23.07
4608.56
23.25
4608.38
25.90
4605.73
21.05
4610.58
19.32
Broken, No Readings,
Broken, No Readings
0.00
Broken, No Reading:.
0.00
Broken, No Readings
0.00
Broken, No Readings.
0.00
20.28
4613.08
20.48
4612.88
21.77
4611.59
19.72
4613.64
18.00
21.01
4614.59
21.23
4614.37
22.31
4613.29
20.67
4614.93
19.53
22.97
4612.27
23.21
4612.03
24.46
4610.78
22.20
4613.04
20.78
20.26
4613.76
20.50
4613.52
21.70
4612.32
19.75
4614.27
18.41
20.78
4611.33
20.95
4611.16
22.46
4609.65
19.95
4612.16
17.02
20.30
4610.16
20.52
4609.94
22.41
4608.05
19.04
4611.42
17.22
22.41
22.41
22.67
22.67
24.09
24.09
20.78
4610.42
19.22
23.62
4607.76
23.87
4607.51
25.89
4605.49
21.90
4609.48
20.12
51.25
4609.34
51.59
4609.00
53.60
4606.99
50.60
4609.99
49.21
45.57
4614.79
45.63
4614.73
46.98
4613.38'
45.42
4614.94
44.25
44.91
4611.28
45.30
4610.89
46.53
4609.66'
45.22
4610.97
44.38
46.80
4616.83
47.16
4616.47
47.87
4615.76
47.68
4615.95
47.31
46.73
4620.76
46.95
4620.54
47.54
4619.95
47.32
4620.17
46.97
2020
Water Elevation
(MR)
no readings roots
4611.16
4610.73
4612.31
Broken, No Readings
4615.36
4616.07
4614.46
4615.61
4615.09k
4613.24
4611.98
4611.26
4611.38
4616.11
4611.81
4616.32
4620.52
Broken Arrow
Investments, LLC
801 8th Street, Suite 130
Greeley, CO 80631
Truck Safety Protocols
Location: Derr Pit
Hours: 7:00 AM — 5:00PM
• Trucks are not allowed to show up outside of operating hours.
o This includes no lining up at entrance gate prior to 7:00 AM on any surrounding County
Roads.
o Mine site will close at 5:00 PM.
Truck Safety On -Site
• All truck drivers new to site will need to stop at scale house before being able to go to the load out
area.
• At the scale house, drivers will need to sign the following:
o Site Specific
This form outlines all rules and regulations of the mine site itself
o Truck Safety Protocol
Signing this form will ensure all drivers are aware of site rules and expectations.
• Communication through CB radios will be on Channel 1.
• All interior roads, including entrance road, will be limited to 10 MPH.
• No driver will be allowed to exit his/her truck once beyond the scale house. This will eliminate any
driver related incidents while they are on the site.
o If a driver MUST exit his/her truck for any reason, driver will do so only after notifying the
loader operators and scale house operator. This will be allowed only in rare circumstances.
• After a truck has been loaded, truck will return directly to the scale house. BAI will provide
restrooms for drivers at the scale house so drivers will be allowed to exit their trucks there but will
still be required to wear all PPE including a hardhat, safety vest, and safety glasses.
• Trucks are to be trimmed and tarped all before leaving the trim and tarping area and getting onto
the East/West entrance road that joins with Balsam Avenue.
• No Jake Brakes will be allowed on the mine site or when approaching the mine site.
• No reversing will be allowed on the access road except for emergency circumstances.
RE Derr Pa Trucking Protocals '
-2
Truck Safety Leaving Site
• All truck dnvers and trucking companies will be made aware of the safety expectations that BAI
requires I
o This includes safe exiting of the site, knowing the approved haul routes(below), and obeying
all posted speed limits on the surrounding county roads among others
• All trucks are expected to adhere to weight restrictions defined by Weld County Standards
• Once a truck is off the BAI site, BAI can no longer be directly responsible for that driver's
behavior However, BAI has a Zero Tolerance Policy on this matter If anyone witnesses laws being
violated, please report the violation; to BAI Personnel The following are applicable ways to report
violations o
o BAI Office (during business hours) (970) 566-5090
o Kelly Hodge (970) 566-5090
o Jeff Anderson (970) 301-4292
Defined Haul Route
• Entering the mine site
o All trucks entering the mine site must come from 8th Street and turn north on Balsam
Avenue and enter the access into the Derr Pit on the east side of Balsam Avenue. No
trucks should come from C Street to Balsam Avenue to enter the Derr Pit. See Map on
next page.
Exiting the mine site
o All trucks exiting the mine 'site must turn South on Balsam Avenue. No trucks will be
allowed to leave the site going North on Balsam Avenue. See Map on next page.
o Signage stating the above will be posted
Broken Arrow Investments, LLC
801 8th St , Suite 130
Greeley, CO 80631
(303) 566-5090
RE: Derr Pit Trucking Protocals
-3
•
w
•• UMW
•
cr
Aitszt
I
Mat
Caa -
1
-- IlL
. p .1 a Mt .7 C ,r��
•
l .r1 r
f err ; •',
. s ,'t
.,
Tr
7. �z ..
r
— J • •
r we •
t `.
8TH STREET
-at
J1'-
•
. .IMP
-
I
s
r,
• 1
1
I
Trucking Company: Truck Number:
Acknowledged and Accepted By:
Date:
Broken Arrow Investments, LLC
801 8th St., Suite 130
Greeley, CO 80631
(303) 566-5090
Hello