HomeMy WebLinkAbout20201298.tiffEXHIBIT INVENTORY CONTROL SHEET
CASE 2MJUSR19-08-1660 - GLOBAL ASSET RECOVERY, LLC
Tyler
Exhibit Submitted By Page # Description
Planning
A. Commission Resolution of Recommendation
Planning
B. Commission Summary of Hearing (Minutes dated 8/20/2019)
C. Planning Services 2 PowerPoint Presentation
8/22/2019 Francis agreement with amendments
D. Planning Services 36 (one page received 9/10/2019)
8/22/19 Murata agreement Derr Pit amendment,
E. Planning Services 37 signed (received 9/11/2019)
8/22/19 Taylor Agreement, signed w/addendum
F. Planning Services 39 (received 9/11/2019)
Koehler & Hoshiko letters of objection
G. Melvin Bickling 42 (received 9/11/2019)
List of waiver agreements and associated structures
on surrounding land, with a paragraph stating
48 applicant's anticipation to provide evidence of
H. Melvin Bickling agreements (received 9/11/2019)
Slurry Wall assessment prepared by McGrane Water
I. Melvin Bickling 50 Engineering, LLC (received 9/11/2019)
1/19/2018 Letter of findings by the Colorado Division
66 of Reclamation Mining and Safety (received
J. Melvin Bickling 9/11/2019)
K. Applicant 72 PowerPoint Presentation (received 9/11/2019)
SPOs Donald
L. and Jacquelyn Derr 91 10/1/2019 Letter of opposition (received 10/3/2019)
Email and request letter for continuance (dated
M. Applicant 93 11/13/2019)
Staff Memo in support of the continuance (dated
N. Planning Services 96 11/20/2019)
O. Applicant 97 Duplicate of Exhibit K - Removed
Image of SPO property prior to USR operations
P. SPO Diana Taylor 98 (received 11/20/2019)
Draft agreements and draft letter of withdrawal of
Q. Applicant 99 objection— Parker and Taylor (received 3/9/2020)
Winters/Hoffner farm map, draft agreement and
letter, and draft letter to withdraw opposition
R. Melvin Bickling 111 dated 3/6/2020 (received 3/16/2020)
EXHIBIT LIST CONTINUED TO DOCUMENT #2020-1299
2020-1298
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Public hearings c,Cncerninq this property wilt be heard Ueir; e ine
County Planning Commission and
Board of County Commissioners.
Both hearings will be. held at:
WELD COUNTY ADMINISTRATION BUILDING
1150 "O" Street • Greeley, CO 80631
Planting Commission Hearing will be held on
AttQA9in_21Q____ 20A; at
Board of County Commissioner Hearing will be held on
Applicant
Request
2VA: at 1.Q.IiLt%A.
Global Asset Recovery, LLC
A Site Specific Development Plan and 2nd
Amended Use by Special Review Permit No.
USR-1660 for Mineral Resource Development
Facilities including open pit mining — sands,
gravels and stones and materials processing;
stockpiling, recycling and processing of
demolition material (asphalt and concrete) and
the importation of soil amendments (topsoil,
peats and compost) in the A (Agricultural) Zone
District.
Case Numl :reSS `f ^1'oirolcres ' t; f'
FOR FURTHER INFORMATION PLEASE CON TAC T
P .Otitg AT THE iVELD COUNTY DEP
PLANNING SERVICES. AT 970-X53-6100. ex
eir
For Additional lnforniatton visa\vwwweidcountyptanningc4ses.orc;
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Public hearings concerning this prope will be heard before the
County Planning Commission and
Board of County Commissioners.
Both hearings will be held at:
WELD COUNTY ADMINISTRATION BUILDING
1150 "0" Street f Greeley, CO 80631
Planning Commission Hearing will be held on
` l 11.0 2O ; at
Beard of County Commissioner Hearing will be held on
le r',.(vtLeak v". 20\ ; at L1,60
Applicant: Global Asset Recovery, LAC
Request:
A Site Specific Development Plan and 2nd
Amended Use by Special Review Permit No.
USR-1660 for Mineral Resource Development
Facilities including open pit mining - sands,
gravels and stones and materials processing;
stockpiling, recycling and processing of
demolition material (asphalt and concrete) and
the importation of soil amendments (topsoil,
peals and compost) in the A (Agricultural) Zone
District.
rinse Number's"L(*acres: ii '�••
FOR FURTHER INFORMATION PLEASE CONTACT
\hi\O&Ile AT THE WELD COUNTY DEPARTMENT OF
PLANNING SERVICES, AT 970-353-6100, ext
For Additional Information visit wwwr.weldcountyplanningcase3.org
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n9 Cernminsfnn and Haan of Caw+ty Con mrssa & en hearings
Global Asset Recovery Sign Planting
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View west from N. Balsam Avenue (CR 41.5)
Viewsoutheast from the corner of "C" Street (CR and N. Balsam Avenue (CR 41.5)
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Yj!W 59 hwest from "C" Street (CR62) IN. Cherry Avenue (CR 43) across site
nternal site view of existing equipment staging area
ding west of mining operations
west from N. eherry Avenue (CR 43) toward 'Murata residence and mine site
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Current Operations: Material stockpiles
GLOBAL PIT
DRMS RECLAMATION PERMIT# M-2008-17
970-301-4292
590 N:BALSAM AVE.
Current Operations: Visual mitigation screening berm
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Current Operations: Iookingeastfro,m oil and gas appurtenances
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August 22 2019
Mr Rocky Francis
701 Balsam Avenue
Greeley. CO 80631
RE Broken Arrow Investments. Inc. - Derr Pit - DRMS M-2008-017
112c Permit and Weld County 2MJUSR 19 -08 -1660
Dear Mr Francis
Please accept this letter as a statement and agreement for the following items listed below The
items listed below are issues that you provided to Broken Arrow Investments. LLC at the
Planning Commission Hearing on August 20. 2019
Francis Wells)
1 Broken Arrow Investments. LLC would like access to your well(s) so that we may
monitor the water level in the well(s) prior to the slurry wall construction so a base line
can be established for the existing conditions We would like to monitor the levels in the
well(s) at weekly/monthly intervals before and after the slurry wall is installed to
determine if the well(s) are being impacted
2 Broken Arrow Investments LLC agrees to work with Mr Francis to address and repair
any impacts that are caused by the slurry wall or dewatering to ensure your well(s)
functions correctly
Groundwater Levels
1 Broken Arrow Investments, LLC has installed monitor wells on the Global Asset
Recovery Property that will lie outside and inside of the proposed slurry wall Broken
Arrow Investments. LLC has been monitoring the existing ground water levels and will
continue to do so prior to and after the slurry wall is installed
2 Broken Arrow Investments LLC agrees to work with Mr Francis to address and repair
any impacts that may be caused by the slurry wall to ensure that the existing seasonal
groundwater levels are within 2 feet of the monitored levels prior to the slurry wall being
installed If there are changes in the ground water levels that are caused by the slurry
wall. Broken Arrow Investments LLC agrees to work with Mr Francis to mitigate the
ground water levels The levels would be mitigated by having a drain (likely a perforated
pipe ) designed and installed
Fugitive Dust
1 Broken Arrow Investments. LLC agrees to work with Mr Francis to address any impacts
that may be caused by fugitive dust from the Derr Pit and we are planning to use a water
truck to keep dust from occurring on haul roads. plant processing areas and stockpiles
Broken Arrow Investments, LLC
801 8th Street, Suite 130 Greeley, Colorado 80631
August 22. 2019
Mr. Brian Murata
29485 County Road 43
Greeley, CO 80631
Phone: 970-396-8700
RE: Broken Arrow Investments. Inc. — Derr Pit — OHMS M-2008-017
112c Permit and Weld County 2MJUSR 19 -08-1660
Dear Mr. Murata,
Please accept this letter as a statement and agreement for the following items listed below. The
items listed below are issues that you provided to Broken Arrow Investments. LLC at the
Planning Commission Hearing on August 20, 2019.
Murata Well
Broken Arrow Investments, LLC would like access to your well so that we may monitor
the water level in the well prior to the slurry wall construction so a base line can be
established for the existing conditions. We would like to monitor the levels in the well at
weekly/monthly intervals before and after the slurry wall is installed to determine if the
well is being impacted.
Broken Arrow Investments. LLC agrees to work with Mr Murata to address and repair
any impacts that are caused by the slurry wall or dewatering to ensure your well
functions correctly.
Groundwater Levels
1. Broken Arrow Investments, LLC has installed monitor wells on the Global Asset
Recovery Property that will lie outside and inside of the proposed slurry wall. Broken
Arrow Investments. LLC has been monitoring the existing ground water levels and will
continue to do so prior to and after the slurry wall is installed.
Broken Arrow Investments, LLC agrees to work with Mr. Murata to address and repair
my impacts that may he caused by the slurry wall to ensure that the existing, seasonal
groundwater levels are within 2 feet of the monitored levels prior to the slurry wall being
installed. If there are changes in the ground water levels that are caused by the slurry
wall. Broken Arrow Investments, LLC agrees to work with Mr. Murata to mitigate the
ground water levels. The levels would be mitigated by having a drain (likely a perforated
pipe) designed and installed.
Fugitive Dust
1 Broken Arrow Investments, LLC agrees to work with Mr. Murata to address any impacts
that may be caused by fugitive dust from the Derr Pit and we are punning to use a water
truck to keep dust from occurring on haul roads. plant processing areas and stockpiles.
Broken Arrow Investments, LLC
801 8th Street, Suite 130 Greeley, Colorado 80631
RE: Broken Arrow Investments, Inc. - Derr Pit - DRMS M-2008-017
112c Permit and Weld Count 2MJ - 8 017
County USR19 08-1660
8/22/19
-2-
To help us keep dust issues in order pleasegive Kelly
address any issues as Hodge a phone call so he may
soon as possible if dust is coming from anywhere in the pit
boundary.
Sincerely.
Keir Hodge Phor e: 970) 566-5090
Broken Arrow Investments. LLC
T ► JC I VI e vii 11g. instrument u i ICI Il was dune luvvicugeu uei Ore me this -2 1 day o
c{�
CORI LYN WALDBURGER
Notary Public
State of Colorado
Notary ID # 20184O26628
My Comrn+ss=on Expires O6-26-202
• as Al ittw r
Nosy Public
My Commission Expires: i /It PUS
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Ci
Date
The foregoing instrument was acknowledged before me this //
rian /7/ z‘. /win- as r
DONNA DRUYFF
NOTARY PUBLIC
STATE --• ADO
NOTARY 441.511064
MY COMMCIO) - -"--- ;.
gjz m
/keel
Notary Public f
G
My Commission Expires:
Lor
??3 is
Cuic.
18871
1
w (r
DONNA DRUYFF
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19874106484
MY COMMISSION EXPIRES JULY 26, 2023
Broken Arrow Investments, LLC
801 8th Street, Suite 130 Greeley, Colorado 80631
August 22. 2019
Ms Diana Taylor
665 Balsam Avenue
Greeley, CO 80631
Phone Number: 970-356-2869
RE Broken Arrow Investments; Inc. — Derr Pit — OHMS M-2008-017
112c Permit and Weld County 2MJUSR 19-08-1660
Dear Ms. Taylor.
Please accept this letter as a statement and agreement for following
items listed below are issues that g o the items listed ae!ow� The
you provided to Broken Arrow Investments, LLC at our
meeting on August 2. 2019 and the Fanning Commission Hearing on Auc ust 20.
Taylor Well
1. Broken Arrow Investments, LLC would like access
to your well so that we may monitor
the water level in the well prior to the slurr wall
established for the existingconditions.` y constr uction so a base line can be
l�Je would like to monitor the levels in the well at
weekly/monthly intervals before and after the slurry wall is installed i
well is being impacted. to deterr�nE if the
2. Broken Arrow Investments. LLC agrees to work with
Ms. Taylor to address and repair
any impacts that are caused by the slurry wall or dewatering ensure
functions correctly. to en�ure your well
Groundwater Levels
1. Broken Arrow Investments. LLC has installed monitor
Recovery Property that will lie � wells on the Global Asset
outside and inside of the proposed slurry wall Broken
Arrow Investments, LLC has been monitoring the existing g ground water levels and will
continue to do so prior to and after the slurry wall is installed
2. Broken Arrow Investments. LLC agrees to work with
Ms. Taylor to address and repair
any impacts that may be caused by the slurry wall to ensure that the existing seasonal
grounowater levels are within 2 feet of the monitored ieve.s prior to the being
installed. If there are changes in the ground water levels
wall. Broken Arrow Investments, that are caused by the slurry
LLC agrees to work with Ms. Taylor to mitigate the
ground water levels. The levels would be mitigated by having a drain (likely 9 _d
pipe) designed and installed. a perforated
Fugitive Dust
1. Broken Arrow Investments. LLC agrees to work with Ms. Taylor
to address any impacts
that may be caused by fugitive dust from the Derr Pit and � a
�v� are planning to use a water
Broken Arrow Investments. Lt.e
301 8th Sti.uet, Suite 130 Greeley, Colorado 80631
RE Broken Arrow Investments, Inc — Derr Pit— DRMS M-2008-017
112c Permit and Weld County 2MJUSR99-08-9660
8/22/19
-2-
truck to keep dust from occurring on haul roads, plant processing areas and stockpiles
To help us keep dust issues in order please give Kelly Hodge a phone call so he may
address any issues as soon as possible if dust is coming from anywhere in the pit
boundary
Sincerely,
//
Ke,Uy l-iodge l o 1'e (970) 566-5090
Broken ArroW Investments, LLC
7
Date
Jr,
The foregoing instrument was acknowledged before me this / day of /.4, 7, A1(1 by,
I, as 0, , ,�
CORI LYN WALDBURGER
Notary Public
State of Colorado
Notary ID # 20184026628
My Commission Expires 06-26-2022
Notary Public
My Commission Expires r.l - ,
!/ , 1 . 7 C/ q, is
c#'n Taylor ` J Date
f I-
The foregoing instrument was acknowledged before me this day of ;L�1_Pl;' '_ by
7)0/K-) c��4/ /)/,r , as (1a,//,%e% - /
VIVIAN L ANDRADE
11 Notary Public - State of Colorado
Notary ID 19974017664
My Commit for Expires Oct 21, 2021
Notary Public
My Commission Expires / L./ �� `f ,!
Addendum to Letter Agreement with Diana Taylor Dated August 22, 2019
Permit 223885 -Domestic Well -This well is owned by Diana Taylor — This well can be
currently operated but the flow fi om the well sometimes has issues We need to check the
pump/motor to see what it is and determine if it is functioning correctly, check the casing to
see if it is in acceptable condition, and determine if the depth is down to bedrock of if it
could be deepened
Diana Taylor's main concerns besides having an operable well are as follows
1 If Diana Taylor's well goes dry what is her recourse in order to insure that her
well is not dry more than a week, as she has lost at least 15 trees, which "JT
assured her "they" would replace
2 Kelly Hodge promised he would make sure that Balsam Avenue is watered 4 or
5 times a day That was promised in our last meeting and Kelly Hodge has not
performed as promised I have Asthma and the constant breathing -in of dust
has exacerbated my condition
3 Kelly Hodge said that all the cement that has been hauled into the East Pit will
subsequently be hauled over to the West Pit and distributed along the bottom of
said Pit. He also stated that there would be NO grinding of cement on either
side, as sanding, grmding, or cutting concrete releases large amounts of dust
containing high levels of crystalline silica Exposure leads to a disabling and
often fatal lung disease called silicosis
4 According to Prospecting ID# M-1985-112 dated 10-03-07, a Complaint was
filed stating that the exporting and selling of topsoil from the site would finally
include the permit which requires 6 to 12 inches of topsoil and 18 to 24 inches
above the flood zone which (if 36 acres) would leave a maximum of 19 acres in
need of iesoiling has been illegally exported and sold
5 A letter dated 11-19-04 from the State Engineer, iegarding Application Receipt
#497404. "the chain -link fence that borders" Taylor's property, is at least five
feet over onto their property We'd like the fence moved to the North which
would also require Aggregate Industries to move the area where they drive
along that side five feet
6 Mrs Taylor would like a written record of any monitoring of her well as to the
best of her knowledge her well has only been momtored 2 or 3 times in the last
40 some years
LASTLY, would the Weld Board of Commissioners PLEASE, PLEASE, grant Kelly
Hodge permission to move his dirt from the East Pit to the West Pit thereby allowing some
reduction in dust and offer some peace and an unobstructed view across from Diana
Taylor's residence at 665 Balsam Avenue, Greeley, CO and not allow any mining of the
foregoing referenced area until 2040
According to the Greeley Tribune dated 9, 2007 the East Greeley area plan is not pushing
new development The landowners, residents and the airport manages all said that they
would like to see the area retain its rural atmosphere with low -density land use
Thank you for your concern,
Kim Ogle, Planner
Weld County Planning Services
1555 N. 17th Avenue
Greeley, CO 80632
RE:
Case # 2MJUSR19-08-1660
Global Asset Recovery, LLC
Permit Including Open Mining
Case # COZ19-0001
Global Asset Recovery, LLC
Change of Zone
Dear Mr. Ogle:
Our family, the James R. Koehler family, has owned since 1949 the below parcel of
farm land and irrigation wells directly across the road from the property involved in
the above permits for open mining and change of zone:
The East Half (E 1/2) of the Southeast Quarter (SE 1/4) of Section 33, Township 6
North, Range 65 West of the 6th P.M., Weld County, Colorado
This parcel lies across the road from the proposed open mining. In the NE 1/4 of the
SE 1/4 of Section 33 is an irrigation well that has irrigated 80 acres since 1955 or for
the last 64 years. This well is 1290 feet from County Road 62 and the proposed
mining operations.
There are also two domestic wells used for lawn/garden/livestock near the farm
house and barn less than 150 feet from County Road 62 and the proposed mining
operations.
Our principal concern is the potential adverse effect to our irrigation well. If this
happens, it could significantly decrease the value of a highly productive irrigated
farm. This should be made right to us in some way so that we can continue farming
as we do today.
We request that Weld County Planning Services and commissioners keep in mind
that our irrigation well is adjudicated and has been used continuously for many
years and has legal precedent over the proposed operations.
We request and state the following:
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Existing Well Owners and Well Locations along Weld County Road 62
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Well Owner
Well Type
Map well ID
Distance from,Loloff Pit
Distance from proposed Global pit
Status of well
Koehler
Irrigation
K1
2420
1290
Koehler
Domestic
K2
1651
160
_
Koehler
Domestic
K3
2024
145
Hoshiko
Irrigation
H1
715
50
Dry 5 years
Winter
Irrigation
W1
2780
60
Bliss
Irrigation
B1
-
3622
2665
ef6
Hoshiko Land, LLC
Post Office Box 119
Kersey, Colorado 80644
Phone: (970)330-8780
April 16, 2017
:0'J 12o,S-oll
Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
RECEIVED
APR 18 2018
N G AND SAFETY
Re Protest of, and opposition to the approval of Regular (112) Construction Matenals
\Operation Reclamation Permit
To Whom It May Concern,
This letter serves as written documentation of the protest of Hoshiko Land, LLC ("Hoshiko"), a
Colorado Limited Liability Company, and its opposition to the approval of the application for a
Regular (112) Construction Materials Operation Reclamation Permit filed by Broken Arrow
Investments, LLC ("Broken Arrow") in conjunction with the proposed mine known as the Derr
Pit, located at or near Section 4, Township 5 North, Range 65 West of the 6th Principle Meridian,
Weld County, Colorado due to its close proximity to Hoshiko's irrigation well identified as Well
Permit No. 12332-R in the records of the Colorado Division of Water Resources. _
Other recent mining operations conducted by Broken Arrow and its predecessors in the
immediate vicinity have continuously exposed considerable amounts of groundwater which has
dewatered the Hoshiko well beginning in 2014 and rendered it inoperable since then. Further
mining proposed by Broken Arrow in this area will cause the Hoshiko well to continue to be
dewatered and inoperable for an unacceptably longer period of time Hence, Hoshiko protests
and opposes the approval of the subject Broken Arrow application
Smcerely,
HOSHIKO LAND, LLC
Dennis J. Hoshiko
Managing Member
Concerns onfthe proposed mining operations by Global Asset Recovery/Broken Arrow Investments
lithe Zoning change and USR are granted the following should be established All mining operations
need to be mitigated for traffic, noise, dust and light for the Koehler property that is located along East C
Street (WCR 62)
A Hydrogeology Report/Evaluation needs to be completed on Sections 33 and 34 of Township 6 Range
65 West and Section 5 of Township 5 Range 65 West
(1) Irrigation well and domestic well water levels are to be monitored on a monthly basis The
monitoring should be performed by an independent third party at the expense of Global Asset Recovery
Global Asset Recovery has offered two monitoring wells along East C Street (WCR 62), one that is close
to Cherry Ave (WCR 43) and the other would be located near Balsam Ave (WCR 41 1/2) A third well
should be located across from the Koehler residence (1001 East C Street) There are two domestic wells
located in the Koehler farm yard that are located 150 feet from the proposed mine site The domestic
wells are shallow wells with a depth of approximately 50 feet Projected mining depth along WCR 62 is
up to 90 feet
(2) A Communication Plan should be established with the surrounding property owners regarding
current and upcoming operations on a quarterly basis If there is an urgent matter, the surrounding
property owners should be contacted immediately by email and by phone
(3) The applicant must prove that there will be no injury or harm to the heath and property from the
mining operations to the surrounding neighbors and property
(4) Slurry Wall installation along the entire proposed mining site The slurry wall should be one of the
first steps in the mining process to prevent any ground water loss
Section 23-2-230
B 3 That the uses which would be permitted will be compatible with the existing surrounding land
USES
B 6 That if the USE is proposed to be located in the A ( agricultural ) Zone District, the applicant has
demonstrated a diligent effort has been made to conserve Prime Farmland in the locational decision for
the proposed use
C Where reasonable methods or techniques are available to mitigate any negative impacts which
could be generated by the proposed USE upon the surrounding area, The Board of County
Commissioners mat condition the decision to approve the Special Review Permit upon
implementation of such methods or techniques and may require sufficient performance guarantees to
be posted with the County to guarantee such implementation.
Section 23-2-370
D 9 A description or the method or procedures to be employed to avoid or minimize the impacts on
irrigated agricultural land
Section 22-2-20
C A.Goal 3. County Land use regulations recognize and respect the rights afforded by the State
Constitution and associated statutes of individually decreed water rights Water rights are considered
real property and should be protected as any other private property right.
C 2 A policy 3 2 Land use regulations should not interfere with the transfer of water rights and/or their
associated uses
C 3 A Policy 3 3 Land use regulations should consider the traditional and future operational viability of
water -delivery infrastructure when applications for proposed land use changes are considered
Section 22-5-70
B. CM.Goal 2. Promote the reasonable and orderly exploration and development of mineral resources.
B 4 CM Policy 2 4 Ensure that the development of mineral resources maintains and limits the effects
on the quality and quantity of area water
EXHIBIT S
Permanent Man -Made Structures within 200 Ft of the Affected Land
Surface Use/Damage Waiver Agreements that have been obtained, and associated
structures:
Owner: DCP Midstream
Structures: Oil/Gas Lines
Owner: City of Greeley
Structures: Improved/gravel roadway, culverts
Owner: Loloff Construction, Inc.
Structures: Fencing, Slurry Wall
Owner: Global Asset Recovery, LLC
Structures: Fencing, Ditch
Surface Use/Damage Waiver Agreements that are being pursued, and associated
structures:
Owner: Centurylink
Structures: Phone/Fiber lines
Owner: City of Greeley
Structures: Improved roadway/ROW, signs, culverts, borrow ditches
Owner: David Bliss
Structures: Buildings, fencing
Owner: DCP Operating Company, LP
Structures: Oil/Gas Lines
Owner: Dixie Ann Hoffner and Jerry Winters
Structures: Fencing
Owner: Extraction Oil and Gas, LLC
Structures: Oil/Gas lines, Oil/Gas Wells
Owner: Gene Murata
Structures: Building
Owner: Hoshiko Land
Structures: Irrigation Structure
JUT Consulting, Inc.
Derr Pit Project
DBMS 112 Permit Amendment
i
Owner James Koehler Revocable Trust
Structures Buildings, fencing
Owner JBS
Structures' Sewer Force Main
Owner. Jeanette Snow
Structures Buildings, fencing
Owner Noble Energy
Structures Oil/Gas lines, wells, pumps, tanks
Owner North Weld County Water District
Structures Water lines
Owner Sylvia and Verne Parker
Structures' Buildings
Owner Weld County Planning and Building
Structures Improved roadway/ROW, signs, culverts, borrow ditches
i
Owner Xcel Energy
Structures Power lines/poles, Electric lines (buried)
Broken Arrow Investments, LLC believes that the mining operation, as proposed, will
not adversely affect any of the permanent, man-made structures located within 200 ft of
the affected area However, the applicant still anticipates providing evidence of
agreements for compensation with the appropriate structure owners or engineering
evaluations that adequately demonstrate that the proposed mining and reclamation
operations will not result in damage to the structures.
r
1112 J&T Consulting, Inc.
i
Derr Pit Project
DRMS 112 Permit Amendment
McGrane Water Engineering, LLC
4475 Driftwood Place • Boulder, CO 80 301 • Phone: (303) 917-1247
E -Mail: Bennis( &.mcgrane\vater.com
July 13, 2015
Mr. JC York
J&T Consulting, Inc.
305 Denver Avenue, Suite D
Ft. Lupton, CO 80621
RE: Loloff Pit - Slurry Wall Assessment
Dear Mr. York:
McGrane Water Engineering
Via email at: jcvork@j-tconsuiti.ng.com
The Loloff gravel pit mine is located approximately 1 mile east of Greeley, Colorado in Section
4, Township 5 North, Range 67 West of the 6`h principal meridian. The site is located
approximately 1/2 mile north of the Poudre River, approximately 5 miles upstream of the
confluence with the South Platte River. The pit is currently being mined under permit M-1985-
112 by Loloff Construction Company.
J&T Consulting, Inc. (JT) requested that McGrane Water Engineers, LLC. (MWE) determine the
hydrologic impacts of installing a slurry wall around the Loloff pit during reclamation.
Anticipated impacts include a rise in the water table on the up gradient side of the slurry wall
compared to predevelopment conditions and a decline in the water table on the down gradient
side. Water level increases to within 10 feet of the surface on the up gradient side of the pit
could flood existing structures such as basements or cause water logging and phreatophyte
growth. A decline in water levels on the down gradient side could reduce the aquifer saturated
thickness and well yields if pumping rates are already maximized.
Results
Using a MODFLOW model with reasonable boundary conditions and aquifer properties, MWE
determined that the maximum increase in water levels up gradient from the mine will be
approximately 2 feet, and the maximum decrease in water levels down gradient from the pit will
be approximately 2 feet. The average depth to groundwater for 79 wells with reported water
levels located within the model area (approximately a mile from the pit in all directions) is 16
feet. However, there are several wells located within the up gradient area of influence (greater
than 0.5 feet increase) that have reported water levels of less than 10 feet. Table 1 shows the
impacted wells located within the area of influence.
Mr J C York
July 13, 2015
Page 2
Table 1— Wells within area of Influence of Proposed Slurry Wall
Well Data from Wells Within Area of Influence
Model Results
ak.
..,'-,
• '1 ---
Name ' -;
1� 4fi, " i a
m s ,
N
' "
t O,
r Pemit'
. ; r
;
`
� ,'
t
Well-,
1 Depth
_ �,, `
'.9 fir`
j -
, „,,,rs`-'
Rate (gpm)�
'o )
'ro ted'
ReportedY
v� f
Depth,to
pw �, .
Water,(ft) "��
,'
Saturated
- '
Thickness;uimlNater
i,
' (ft). ; ,-
i>
Ntali,Chnge
t
.
_'. Levels (ft)i.,
, r,.n `�ti
�< < '"s'
Future Depth
g
=to Vi/ater',(41,
, .- ,�.--,,i,- '
1Future' ;
< ,Saturat`ed
, r , 9,Ic�a,,
`Thickness (ftr
%Change
_ ,m Sat -K
Thick (ft);
DOWNGRADIENT WELLS
VARRA
75865
F
ND
ND
ND
ND
ND
ND
ND
ND
DAVIS FARMS
14960
R
101
1150
31
70
-1
32
69
-1%
BAAB A C
620
W
45
800
9
36
-1
10
35
-3% ,
TAYLOR JAMES
223885
44
10
11
33
-1
ND
ND
ND
- ,,UPGRADIENTWELLSfir'-,- - i , -, t; ,Jr 0'417
TFtUJ1LLO .
n',15�23312
'
-.25 �',
A444410 ? 10 ,'-.1
, i' 5; `
F =20'` r',
,44" -TA 1 a �
„ .,=st =1 +
t+4i,��f
, .- �21� 1;Pt`�
�� a,',
�5%"
ORONA-r-,i
- 28174
- 19' '
20
8
, '11,-
'4, ",1 . %----''',(-7.1,:'‘''-,:,12I
, ,
- ;'9%
PALMA' 4 S= -
_Z
s 297435
-.NDE
ND'
Y '
o=N[S >
" `
ND ��4,
' `
r 1 ` -
,Uncertain
' "Uncertain ,�
i
Uncertain
HARRELL ELDON
„ 1226878
`i5
s '50'f .:
`i15 - -
, i6'<,:,,,,`•14
-.,L,34
= t
'+`
.,
ROTHEz4. b-1''`
, 259513
',27--',
. 20 ''g
' 2', _
25-'5,
, ,,,lf,‘-'
s'
. '
o r
TRUYELLOs"> ,,.rya
"
�r."'ti'2947
F�
,x'21
,"'400 ':�'
s z�`6'a°° Mi
*
�u '151 r "
X,04_,, S
r'o- Y ,5 FSr"n
, e,' I' '
.. � a 16,n t'"u
.h4 0
�7/or
HARRELLI'BRIAN'
`287278
,
,-30 "`
._',50 "
' ,,,-ND 7-
,-_ ND, ,
?= 2<
qincertains,
,Uncertain`
Uncertain,
DILKAI=rr'`°,.=-'
444539,1,=
,34'-
'25' `
,,"z1,3'`'-',-"'',`'-/,
31', ""'Yf�.`
,
d42{a''
t' gx S
.s."2. -`3%"r2
VANBEBR,1,,,—I
`°x-25941
k'
25"'7
�, `501I .,
s2�'�,
�i ,, 23-`"r,i
PO ,tr1- .
,r� *, ';1_' ',
"24<o'.,'P''
'-'1,-4%i ,
WADSWORTH -_
;49472
F„
'''NDT ti
-` 105^ `
C., ?ND',, ,
v NDj1'-'s
°'"'11v-,'."
Uncertain
Uncertain,
'Uncertain'
VANBEBER'; 7-
:,,t43.6038
'S;
r ` °?
r 25�
x ' ,�' r
�;1� ,24, ,
-', Ai3^4,a.� �,
�f Q a ,.-'t'4^ ` ",
t� 217,f ti i �1,
,ter a '3 a i ;
, r r, by ', ,
i . fi'22'- s',-,c,�
,,,. �5/o'�`rl
-,,,--,5%.;tell
Three down gradient wells can be expected to experience a decline in water levels of
approximately 1 foot Since well yield is proportional to the saturated thickness, we would
expect less than a 5% decrease in the maximum theoretical pumping rate of those wells We do
not believe this is a significant impact
Based on our modeling, eleven up gradient wells can be expected to have 0 5 to 2 foot increases
in water levels Only one of those wells (Harrell Eldon) has a reported pre -mining water level
depth exceeding 10 feet The rest of the wells either have reported depths to water of less than
10 feet or no recorded level so the depth remains "uncertain " If the recorded well locations and
depth to water are correct relative to the pit and if the wells are located near vulnerable structures
(homes with basements or excavations), those structures could be vulnerable to rising
groundwater resulting from the slurry wall
Uncertainty
Whether future flooding or water logging will occur depend on numerous factors including 1)
well location relative to the pit and slurry wall, 2) the location and depth of vulnerable structures
such as homes with basements, 3) the location, magnitude and timing of well pumping and
recharge from precipitation, agriculture, and canal seepage that could also affect water levels,
and 4) the location of existing drainage or canals that may intercept rising groundwater
Therefore, there is considerable uncertainty whether there is a real and quantifiable nsk of
significant impact
Mitigation
Potential mitigation includes 1) installing a drain around the slurry wall to minimize any)
mounding or shadow effect to keep the aquifer at equilibrium 2) or moving or abandoning
Mr J C York
July 13, 2015
Page 3
structures with basements JT has indicated that the installation of the dram around the slurry
wall at other similar gravel pit locations has been successful in mitigating the mounding and
shadow effects The depth, location, and size of a drain will depend on the timing and location of
rising water and hydrologic properties of the aquifer
Recommendations
We recommend
1 Canvasmg the area within the area of influence to confirm well locations and determine
whether any basements or structures could potentially be impacted,
2 Evaluating whether the existing monitoring well network is adequate to monitor
recovery after the slurry wall is installed, and installing additional wells if necessary,
3 If actual recovery appears to be excessive, utilize the model to evaluate drain locations
and designs (depths and size) to mitigate the situation Intercepted groundwater could be
piped down gradient and recharged to prevent impacts to senior water rights
Hydrologic Setting
Up to approximately 100 feet of saturated sand and gravel make up the alluvial aquifer located
within 2 miles of the Poudre River The stratigraphy of the valley fill and particle size
distributions beneath the Poudre River observed in gravel pits was examined in detail by Langer
and Lindsey, 1999 The aquifer consists primarily of sand and gravel with minor fine-grained
interbeds The aquifer was evaluated and modeled in detail by CDM-Smith, 2013 to support the
Colorado Water Conservation Board's (CWCB) South Platte Decision Support System (SPDSS)
Model Construction
MWE constructed a groundwater model of the alluvial aquifer north centered on the Loloff pit,
extending approximately one mile on either side The model domain is 10,000 feet square on
each side, consisting of 100 rows and 100 columns with model 100 foot square model cells The
model includes all of Sections 4 and 5 in Township 5 North, 65 West (6th PM), and the northern
half's of Sections 8 and 9 The model also includes the southern half's of Sections 31 and 32 in
Township 6 North, 65 West (011 PM) Approximately 15,000 feet of the Poudre River crosses
the model from west to east The river is hydraulically connected to the alluvial aquifer at all
times, and the groundwater gradient is from west to east This is consistent with Figures 4-3 and
4-4 of the South Platte Alluvial groundwater model (CDM-Smith, 2013)
Well Data
Appendix A includes well data from 104 wells located within the model area The database
consists of only active well permits with the exception of a few abandoned wells with usable
well data, none of which are included in Table 1 We removed shallow monitoring wells that
did not penetrate the alluvium, wells in excess of 119 feet deep thought to be completed in
bedrock, and all duplicate well permits The depth of wells range from 21 to 119 feet and
averages 45 feet The depth to water ranges from 2 to 46 feet and averages 16 feet The reported
Mr J C York
July 13, 2015
Page 4
well yields range from 10 to 1500 gpm and averages 244 gpm The calculated saturated alluvial
thicknesses ranges from 7 to 82 feet and averages 31 feet We used the 31 foot average thickness
to define the aquifer bottom and gradient (21 feet west to east) across the model The average
aquifer thickness is consistent with the 37 foot thickness reported for the Loloff pit (Well permit
no 77467 F) which was used in the radius of mfluence calculation (JT Construction, August 27,
2007)
Appendix B includes the following data plots Figure B1 - Well Permit Numbers, Figure B2 —
Well Owner, Figure B3 — Well Depth, Figure B4 — Depth to Water, and Figure B5 — Saturated
Aquifer Thickness which support our model conceptualization and assumptions
Aquifer Permeability ,
The aquifer hydraulic conductivity (K) is a measure of its permeability Contoured K's obtained
from pumping tests reported for the State's South Platte Decision Support System (SPDSS Task
43 3, Figure 5C) groundwater modeling project (CDM-Smith, 2006) range from less than 250
ft/day to over 680 ft/day Once the model was calibrated, the model area K averaged 600 to 650
ft/day (CDM-Smith, 2013, Figure 4-2) We assume an average model K of 625 ft/day
The assume an average aquifer transmissivity in the model (145,000 gpd/ft) which is the product
of the hydraulic conductivity (625 ft/day) multiplied by the saturated thickness (31 ft) This is
consistent with published transmissivities for the Loloff pit model area by CDM-Smith (2006,
Figure 7a) and Hurr and Schneider, 1972
Model Boundary Conditions
Model boundary conditions includes the Poudre River, aquifer subflow, and aquifer bottom We
assigned the elevation of the Poudre River as 1 foot above the interpolated ground elevations
which are 4647 feet (msl) on the west end and 4626 feet (msl) on the east end of the model The
river stage was assigned a foot above where the topographic elevation contour cross the Poudre
River and interpolated in between We calculated model cell conductance (COND) as the
product of the streambed unit conductance (Ksb/m) times the wetted river area (length x width)
The average unit conductance obtained from SPDSS vertical permeability tests on the South
Platte tests is approximately 37 ft/day/ft We assume that the average width of the Poudre River
is 50 feet Therefore, model cell conductance is 185,000 ft^2/day (37 ft/day/ft * 50 ft * 100 ft)
Aquifer subflow in and out of the model were simulated using constant heads on the west and
east ends of the model set at the ground elevation contours at the Poudre river (4647 ft (msl) on
the west and 4626 ft (msl) on the east side Constant head cells were spaced every 1000 feet in
the column 1 and every 100 feet along the east side of the model
Model Mass Balance
Aquifer subflow in and out of the model was solved determined for the pre -pit steady state run
Table 2 shows that river and aquifer inflows and outflows total 7 8 cfs and there is a net gam in
streamflow of 1 4 cfs within the model domain
Mr J C York
July 13, 2015
',Table 2 ,Steady State°INass,BalancerP,rior to Loloff Pit = q
Parameter
Inflows (cfs)
Outflows
(cfs)
In - Out
(cfs)
River
2 2
3 6
-14
Aquifer Subflow
5 6
4 2
14
Total
78
78
00
Page 5
The net river gain of approximately 0 7 cfs per mile appears reasonable We do not believe that
the pit slurry wall would significantly change the overall timing and location of historical ever
gams
Model Runs
We conducted two model runs to evaluate the hydrologic effects of installing a slurry wall
around the Loloff Pit Run Lol_SS6 was meant to simulate the water table before the water
table was disturbed by pit excavation Figure 1 shows the resulting water table gradient where it
crosses the Poudre River and through the outline of the future pit area and slurry wall
In run Lol_SS7, the model cells within the pit area are turned off to not allow aquifer flow
through the pit which simulates the effect of proposed slurry wall Figure 2 is the contoured
difference between the Post -Pit Run (Lol_SS7) — the Pre -Pit Run (Lol SS6) Positive values on
the left side of the pit reflect mounding and negative values on the nght side reflect lower water
levels in the "shadow" of the pit The maximum change in water levels is +1- 2 feet
Model Sensitivity
The model results are insensitive to differences in hydraulic conductivities (K) smce mound
height is inversely proportional to K and aquifer inflow is directly proportional to K Therefore,
since the aquifer gradient and thickness are constant, an increase m K will cause a proportional
increase in model inflows which would increase mound height proportionally, but this does not
occur because the higher K causes a proportional decline in mound build-up
Model results are insensitive to streambed leakance since the streambed is very permeable so
large amounts of water can move in and out of the stream in response to up -gradient mounding
and the down -gradient shadow effect The model is sensitive to the area of the slurry wall, but
this is a fixed parameter Therefore, the model is relatively insensitive to input parameters and
boundary conditions We believe however that the model results in Table 1 are sensitive to 1)
the relative location of wells and vulnerable structures such as basements to the up -gradient side
of the pit, 2) to the accuracy of reported predevelopment water level depths, and 3) to the timing,
location, and magnitude of various types of recharge such as precipitation and canal recharge
Model Results, Uncertainty, Mitigation, and Recommendations
Results, uncertainty, mitigation, and recommendations are discussed earlier in the report
Mr. J.G. York
, July 13, 2015
Page 6 -
Sources
CDM-Smith, April, 2013. South Platte Decision Support System Alluvial Groundwater Model Report
Hurr, R.T and Schneider, , P, 1972a. Hydrogeologic Characteristics of the Valley Fill Aquifer in the
Greeley Reach of the South Platte River Valley, Colorado USGS Open File Report 73-124
J&T Consulting, 1nc., August 27, 2013 Letter to Peter Hays (Colorado DRMS); Re. Loloff Pit,
Technical Revision NO I Request (TR-01) File No M-1985-112, Response to Adequacy Review
Comments - Radius of Influence Calculation
Langer, W I -t, 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
Lindsay, D.A., Langer, W H., and Knepper, D H., 2005. Stratinraphv, Litholony. and Sedimentary
Features of Quaternary Alluvial Deposits of the South Platte River and Some of its Tributaries East of the
Front Range, Colorado U S 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. Coloiado, Part B - Quality of gravel deposits for aggregate; U S Geological Survey
Open -File Report 98-148-B, 24 p
Professional Credentials
The technical material in this report was prepared by or under the supervision and direction of Dennis
McGrane P.13, C.P.G., whose seal as a Professional Engineer in the State of Colorado and American
Institute of Professional Geologists (AIPG) Certified Profession Geologist (CPG) are affixed below.
Dennis McGrane, P.E., C.P.G.
Mr J C York
July 13, 2015
Figure 1— Pre -development Steady State Run (Run: Lol SS6)
Page 7
/
Mr J C York
July 13, 2015
Page 8
Figure 2 — Change in Water Levels at Loloff Pit (Lol SS7.hds — Lol SS6.hds)
g -
>
J_EGLER a t
,pUINTANR "_
J<RAnER x f s
I
.$CHUEEPS
Up -gradient
mound
aSHI:NLtI�H�'
htNyx
Down -gradient
"shadow"
PULANC
-pUL'AND _ _--- '
''ftaSkIKa
PRELL ELOON
- J.GLaEK ' V, -1 0 ft
+ 1 5 JiA9RELL BRIAN - 1 5 ft
LOLOFF
PIT
.STEUART
JIEISINGER
AALL
p a s
WIR
4.1
AVILl
Mr J C York
July 13, 2015
Annendix A — Loloff Pit Vicinity Wells and Model Data
Page 9
-
„j Name --.i
a t 4- - :.
`-
PermitNo"�t
+``., -A
_
,Twn
r � '
-_
,R'ng;
'
SecQtf,
�,'t''''''''-
`1
a 4
-
Qtr;
' a ' ' °
UTMx(ft)
-.-''4'
", ' -' -
U,TMy(ft)
$ is �.••""
` Well ,
Depth
, (ft) ,
Rate`
`(BP,m)
De th to
Water,
1 (ft) ,
„Sat
Thick
`(ft) ,
VARRA
75865 F
S
N 65
W
4
1732812
14682738
-
-
-
DAVIS FARMS
14960 I R
5
N 65
W
4
NE
NW
1733414
14684685
101
1150
31
70
NOFFSINGER
2467841
5
N 65
W
4
NE
SE
1734930
14682796
80
15
44
36
NORTH FRONT
19089 ;
5
N 65
W
4
NE
SE
1734752
14683343
39
-
32
7
BAAB A C
620 :
5
N 65
W
4
NE
SW
1733416
14683388
45
800
9
36
LOLOFF
77467 , F
5
N 65
W
4
NW
1731464
14684108
-
-
RULAND
421 ,
5
N 65
W
4
NW
NE
1732111
14684746
87
10
40
47
RULAND
44673
5
N 65
W
4
NW
NE
1732429
14684953
72
25
40
32
HOSHIKO
12332 R
5
N 65
W
4
NW
NE
1732110
14684746
103
1400
35
68
TRUJILLO
23312
5
N 65
W
4
NW
NW
1730777
14684838
25
10
5
20
ORONA
28174 I
5
N 65
W
4
NW
NW
1730777
14684738
19
20
8
11
SHERLEY
296356
5
N 65
W
4
NW
NW
1730379
14685218
18
15
-
-
PALMA
297435
5
N 65
W
4
NW
NW
1730148
14684377
-
-
HARRELL ELDON
226878
5
N 65
W
4
NW
NW
1731195
14684210
50
15
16
34
SHERLEY
2051131
5
N 65
W
4
NW
NW
1730209
14684789
45
15
6
39
ROTHE
2595131
5
N 65
W
4
NW
SW
1730220
14683703
27
20
2
25
TRUYELLO
2947 ' F
5
N 65
W
4
NW
SW
1730745
14683476
21
400
6
15
HARRELL BRIAN
287278
5
N 65
W
4
NW
SW
1731364
14683824
30
50
-
DILKA
44539
5
N 65
W
4
NW
SW
1730745
14683476
34
25
3
31
VANBEBER
25941 i
5
N 65
W
4
NW
SW
1730745
14683376
25
50
2
23
WADSWORTH
19472 F
5
N 65
W
4
NW
SW
1730745
14683276
-
105
-
VANBEBER
16038
5
N 65
W
4
NW
SW
1730745
14683176
25
24
4
21
SUMMIT
2020 F
5
N 65
W
4
SE
NE
1735103
14682023
25
-
6
19
MEISINGER
12713 ' R
5
N 65
W
4
SE
NW
1733402
14682148
-
-
-
-
SALL
13065 R
S
N 65
W
4
SE
NW
1733402
14682048
39
500
6
33
R & S
11092 R
5
N 65
W
4
SE
NW
1733402
14681948
45
800
9
36
ELLSWORTH
12335 ' R
5
N 65
W
4
SE
SE
1734727
14680702
28
400
6
22
DUGGAN
285446
-5,
N 65
W
4
SE
SE
1734556
14681221
56
15
-
DUGGAN
68387 F
5
N 65
W
4
SE
SW
1733778
14680399
-
-
-
TAYLOR JAMES
223885
5
N 65
W
4
SW
NE
1732680
14682674
44
_ 10
11 _
33
GREELEY MEAT CO
2368 R
5
N 65
W
4
SW
NE
1732446
14681436
30
30
4
26
KOHLHOFF
223887'
5
N 65
W
4
SW
NE
1732420
14682587
20
8'
FRANCIS
26555 ,
5
N 65
W
4
SW
NE
1731724
14683265
44
20
7
37
MIDEXCO
134824!
5
N 65
W
4
SW
NE
1731752
14681834
35
15
7
28
FRANCIS ,
30562 ' F
5
N 65
W
4
SW
NE
1731798
14682394
39
250
5
34
STEWART
26555
5
N 65
W
4
SW
NE
1732066
14682074
36
40
4
32
FRANCIS
135883'
5
N 65
W
4
SW
NE
1731458
14682333
32
40
-
-
THOMPSON
44981
5
N 65
W
4
SW
NW
1730729
14682098
33
10
7
26
GREELEY CITY OF
291755
5
N 65
W
4
SW
SW
1730550
14680953
40
-
-
ARNOLD J
130671
5
N 65
W
5
NE
NE
1729287
14684580
19
15
2
17
DYER
72586
5
N 65
W
5
NE
NE
1728791
14684561
46
15
4
42
REED
465
5
N 65
W
5
NE
NE
1729436
14684923
25
-
-
LEGLER
265613,
5
N 65
W
5
NE
SE
1729464
14683004
-
ARNOLD
269691'
5
N 65
W
5
NE
SE
1729290
14684005
42
7
35
PETERSON
2420 I F
5
N 65
W
5
NW
SE
1726774
14683624
28
55
9
19
QUINTANA
40006
5
N 65
W
5
SE
NE
1729398
14682126
29
15
6
23
KRAMER
40088 '
5
N 65
W
5
SE
NE
1729398
14682026
32
12
7
25
TYE JAY
82310
5
N 65
W
5
SE
NW
1727835
14681664
20
-
NOFFSINGER
20193 F
5
N 65
W
5
SE
NW
1727552
14682602
41
200
15
26
NOFFSINGER
20194 ' F
5
N 65
W
5
SE
NW
1727551
14682502
41
13
28
MARTIN
10924 F
5
N 65
W
5
SE
NW
1728073
14682154
46
350
18
28
GOODFELLOW
8324
5
N 65
W
5
SE
SE
1729379
14680727
35
60
11
24
WILLIAMS
20307
5
N 65
W
5
SE
SE
1729379
14680627
23
50
6
17
UNITOG RENTAL
43687 F
5
N 65
W
5
SE
SW
1728038
14680704
-
3•
-
-
TRIPLETT/WOOLF
39173 F
5
N 65
W
5
SE
SW
1727718
14680663
42
-
-
MARTIN
25866 . F
5
N 65
W
5
SW
NE
1727061
14682471
30
350
14
16
DYER
19156
5
N 65
W
5
SW
NE
1726749
14682182
29
75
12
17
BRAWNER
21555
5
N 65
W
5
SW
NE
1726749
14682082
20
10
5
15
GEHRING
14802 I R
5
N 65
W
5
SW
NW
1725424
14682312
8'
1500
5
3'
COMMERCIAL
7715 F
5
N 65
W
5
SW
NW
1725424
14682212
31
20
GREELEY CITY OF
29743
5
N 65
W
5
SW
NW
1725424
14682112
31
10
-
SMITH
835
5
N 65
W
5
SW
SE
1726340
14680919
36
10
-
-
JO ED C
539
5
N 65
W
5
SW
SW
1725669
14680853
24
500
-
-
GREELEY
9687 F
5
N 65
W
5
SW
SW
1725396
14680848
42
200
12
30
FIRST NATIONAL
10957 R
5
N 65
W
5
SW
SW
1725396
14680748
24
300
4
20
GREELEY ICE
9687 ' F
5
N 65
W
5
SW
SW
1725396
14680648
35
-
-
Mr J C York
July 13, 2015
Page 10
Appendix A — Loloff Pit Vicinity Wells and Model Data (continued)
-_a,,, .
Name _ - _
s` ,, - a' 4i
Permit No
,54,„;
tTwn
�» ,
Rng •
;,k4
Sec
`a ,,
7!Qtr-
'; '
Qtr
;:,,,->:;-.. ",
UTM x1 -(ft)
,-._,,,,,t..,„',, 4
UTM y (ft)
`Well',
Depth'
;Rate
(Rate
Depth to
Wat r
Sat ,
Tic
SCHUMACHER
3204 i
5
N
65
W
8
NE
NE
1729367
14679369
50
30
14
36
CUMMINS
90572
5
N
65
W
8
NE
NE
1729777
14679428
48
15
19
29
EISENMAN
30128 '
5
N
65
W
8
NE
SE
1729373
14678051
37
20
20
17
HIBLER
5205 1
5
N
65
W
8
NE
SE
1729373
14677951
36
30
17
19
ARAGON
189173'
5
N
65
W
8
NE
SW
1727639
14677723
40
15
11
29
WELD CTV DIST
194351'
5
N
65
W
8
NE
SW
1728342
14678629
37
10
15
22
FNR INC
31872 1 F
5
N
65
W
8
NE
SW
1728026
14678453
41
15
19
22
ALLNUTT
39156 1 F
5
N
65
W
8
NW
NE
1726812
14678941
38
15
14
24
HULEN
16542
5
N
65
-W
8
NW
SE
1726710
14678043
30
20
12
18
MOORE
29378
5
N
65
W
8
NW
SE
1726710
14677943
37
25
13
24
WELD
553
5
N
65
W
8
NW
SW
1725379
14678038
73
500
-
-
WALLER
192932
5
N
65
W
8
NW
SW
1724838
14678012
50
-
42
8
WALLER
1929331
5
N
65
W
8
NW
SW
1724838
14677932
55
-
43
12
PHAM
137543.
5
N
65
W
9
NE
NE
1735335
14678744
40
36
6
34
GODDARD
239629
5
N
65
W
9
NE
NE
1734642
14678855
-
-
-
-
BROUGHTON
5099 i
5
N
65
W
9
NE
NE
1734713
14679382
54
10
20
34
SLAVENSKI
9844 1
5
N
65
W
9
NE
NE
1734713
14679282
36
10
9
27
LANG
88796
5
N
65
W
9
NE
NW
1733884
14679840
40
50
-
-
KENNISON
27104
5
N
65
W
9
NE
SW
1733375
14678061
41
20
23
18
FARR
833 1
5
N
65
W
9
NW
NW
1730701
14679472
15
-
-
GREAT
10152 R
5
N
65
W
9
NW
NW
1730701
14679372
32
800
20
12
GREAT
13441 R
5
N
65
W
9
NW
NW
1730701
14679272
20
700
5
15
HONSTEIN
15936 R
5
N
65
W
9
NW
SE
1732040
14678058
45
350
16
29
ROSENBERG
23701 '
5
N
65
W
9
NW
SE
1732040
14678058
36
30
18
18
ROSENBERG
12200 R
5
N
65
W
9
NW
SE
1732040
14677958
33
500
21
12
ZABKA
12724 , R
6
N
65
W
32
SE
NE
1730021
14688210
80
1*
35
45
HUNGENBERG
12605 ' R
6
N
65
W
32
SE
NE
1729419
14687686
119
500
46
73
PARKERJA
45785 i
6
N
65
W
32
SE
NE
1729419
14687586
80
15
40
40
GREAT WESTERN
10153 , R
6
N
65
W
32
SE
NE
1729419
14687486
64
750
20
44
BLACKWELL
12725 I R
6
N
65
W
32
SE
SE
1729435
14686276
75
300
33
42
ZULLO
12728 , R
6
N
65
W
32
SE
SW
1728118
14686362
30
300
6
24
MONFORT (5 wells)
16885 F
6
N
65
W
32
SW
NE
1726449
14687805
69
1320
14
55
GREELEY
2707 F
6
N
65
W
32
SW
NW
1725473
14687871
75
900
5
70
ACTION
155941;
6
N
65
W
32
SW
SW
1725401
14686396
55
15
10
45
KOEHLER
11564 I R
6
N
65
W
33
SE
NE
1734734
14687302
110
1200
35
75
HUNGENBERG
14658
6
N
65
W
33
SE
NW
1733402
14687469
79
16
36
43
BLISS
12334 R
6
N
65
W
33
SE
NW
1733402
14687369
87
1000
40
47
HUNGENBERG
14508 , R
6
N
65
W
33
SW
NE
1732070
14687436
105
900
30
75
SCHWEERS
115380
6
N
65
W
33
SW
SW
1731190
14685691
116
15
34
82
r" _nMun t- 1_ r
1 15,-
'-'10:-.
t2 r
7
,., -. ,Max--; - _ ; '', - '1,.6 i -`','-'e- ,•-• 1,, ,11
4119
1500
46x,
' 82
,AvWa a `, ,u J <' vA i,, r f 4 '--y4` f- aj,„ t �', ,
Y 45-,R1
r.;2441
16r; 4
31 ti
Mr J C York
July 13, 2015
Appendix B — Well Data Figures
)
Page 11
CI
27(17
JSESt
a i
02 k
6aaa
*_' 20100
422213"
2721
x
} 15380
Y ,
+467 3
,tea 1 3
326 3
.1rff Si)CI
,„1.9.1.35u
, 1
�t 712
-1-
Appendix
B - Well
Permits
Source
Colorado
Division of
Water Resourc s
Database
.285tts
2335 I
-,45887` -
10 1ft
.99796 qq
} ti,239629437 13
Page B1
cMOO
Ir
EE.EY O tF3RT L L
1
\i
z.mykri
kt
t 4Reyj�R�
O„iJ2S'EPN .
gt.
2ULLO ?43LACKOELL
CHUEERS
;Oa HENRY
-UNOtNBERG0E NBERO OEHLER
(I
11�
''..SRLEY"
REED HERI��i'LO,I
�IYEFa94NOL[] I
,J-IANt4FELOON
,fiARRELL`BRIAN Loloff Pit
LLa
��AN0LS„' " SAAB a C
ic+aT,RG�IE'R4�
1
df
4 j j r;C",
Cr .
I°S �II N1PiLFf a�?° .r
r�
,{�CLNUTTT_. 5
t rir 1t x' \�#ELQICTY `G[ST z
I Nqn
Qt
„PALMA
J;=
dilhIOLLJ
+`=1 POTH
NU
,pet0 L 5 FARf1
fl n� jr
fRr> TgCtS:-
PH.OBIINM JHariPSON „ r,EUMRr Js GER AUMM[r
< t iREELEY -7,
puGGnK
£LLSOO Thi
,pUGGtgN
ap t,M1I
jzA
Appendix B -
Well Owner
Name
JORTFiz'PONT
1ryMES , i4OFF5,LNuER
„,„t,,c J REELED SCI Ty flF
-
'A -A900
A7
Source Colorado
Division of Water
Resources Database
Page B2
a
Or
, 4
dt6
at5 � 0
4a..� �gT"�}32
Loloff
JUL
,t to
j k.!,ter ; ' �'( _--Y ,.' .3a ,r
\13._,( 1...,
�3 r!b7 261 4 I '
ata
Appendix B -
Well Depth (ft)
Source Colorado
Division of Water
Resources Database
Page B3
i
Appendix B
- Depth to
Water (ft)
Source Colorado
Division of Water
Resources Database
Page B4
Appendix B -
Saturated
Thickness (ft)
Source Colorado
Division of Water
Resources Database
Page B5
I'
V
COLORADO
Division of Reclamation,
Mining and Safety
Department or Natural Re:oi,rcc
1313 Sherman Street, Room 215
Denver, Co 80203
January 19, 2018
Broken Arrow Investments, LLC
Kelly Hodge
699 1st Ave
Greeley Co 80631
Re: Findings of Fact, Conclusions of Law, and Order, Broken Arrow Investments, LLC
File No. M-2008-017, MV•2017-061
on January 18, 2018 the Mined Land Reclamation Board signed the enclosed Board Order
for the above captioned operation. We strongly advise that you read this document
carefully since it may contain deadlines for corrective actions, civil penalties, cease and
desist orders or other actions that may require your immediate attention to avoid future
board actions.
Boa 5 _ retary
Enctosure(s)
Certified Malt
7016 2140 0000 2345 9671
cc:
Eric Scott
Wary Erickson
John Roberts
Jeff Fugate
Scott Schultz
Charles Kooyman
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us
John W. Hickenlooper; Governor 1 Robert Randall, Executive Director I Virginia Brannon, Director
i
BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
Violation No. M7 -2017-0G1
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
IN THE MATTER OF A POSSIBLE VIOLATION BY BROKEN ARROW
INVESTMENTS, LLC, CEASE AND DESIST ORDER, CORRECTIVE
ACTIONS, AND CIVIL PENALTIES FOR ENGAGING IN A NEW MINING
OPERATION WITHOUT A PERMIT, File No M-2008-017
THIS MATTER came befoie the Mined Land Reclamation Board ("Board")
on December 13, 2017 in Denver, Colorado to consider the possible violation by
Broken Arrow Investments, LLC ("Operator"), cease and desist order, corrective
actions, and civil penalties for failing to obtain a reclamation permit prim to
engaging in a new operation, file number M-2008-017 Eric Scott appeared on
behalf of the Division of Reclamation, Mining and Safety ("Division"). Kelly Hodge
appeared on behalf of Operator.
The Board, considering the presentation of the Division and being fully
informed of the facts in the matter, hereby enters the following
FINDINGS OF FACT
1 Operator holds a 112c Construction Materials permit for a 39.2 -acre
sand and gravel operation located in Section 4, Township 5 North, Range 65 West,
Gth Principal Meridian in Weld, County, Colorado, permit number M-2008-017
The site is known as the Derr Pit
2 On November 1, 2017, the Division conducted a normal monitoring
inspection of the site. The Division observed, among other things, approximately
10.2 acres of mining disturbance outside the approved permit boundary.
3. On Novembei 3, 2017, the Division sent Operator the November 1,
2017 inspection report and a Reason to Believe a Violation Exists letter The
Division's letter provided notice regarding the alleged violations and information
about the December 13, 2017 hearing
4 At the hearing, Kelly Hodge testified, stating that they were engaged
pi 'manly in recycling stockpiles of asphalt and concrete located within the permit
boundary. Mr Hodge stated the Operator is preparing a permit application.
CONCLUSIONS OF LAW
5. The Boaicl has jurisdiction over this matter pursuant to the Colorado
Land Reclamation Act for the Extiaction of Construction Materials, Article 32.5 of
Title 34, C.R.S (2017).
6. "An operator who mines substantial acreage beyond the approved
permit boundary may be found to be operating without a permit " C.R S. § 34-32 5-
123(2), C R.S. Operator's mining disturbance of land outside the permit boundary,
affecting moie than two acres, constitutes mining substantial acreage beyond the
approved permit boundary for permit number M-2008-017
7. By mining substantial acreage beyond the approved permit boundary,
Operator engaged in a mining operation without first obtaining a reclamation
permit, in violation of section 34-32.5-109(1), C.R.S
8. Pursuant to section 34-32 5-123(2), C.R.S., the Board may impose a _
civil penalty of not less than $1,000 per clay nor more than $5,000per day for each
day during which the violation occurs The Board may impose a civil penalty
against the Operator based on forty-two (42) days of violation (from the inspection
date to the August 20, 2014 hearing) for a civil penalty of $42,000 to $210,000.
ORDER
Based on the foregoing findings of fact and conclusions of law, the Board
hereby finds the Operator in violation of section 34-32 5-109(1), C R.S. for failing to
obtain a reclamation permit prior to engaging in a new mining operation, and
pursuant to section 34-32.5-124, C.R.S for failing to comply Nr ith the conditions of
an order, permit, or regulation.
The Operatoi shall CEASE AND DESIST any further mining activity at the
site, with the exception of environmental maintenance, reclamation, or corrective
actions with the exception of those activities approved by the Division, in writing, as
necessary to comply with the conditions of this order, prevent damage to off -site
areas, or to protect public health and safety, until violations have been resolved to
the satisfaction of the Division and the Board. Such cease and desist order shall not
apply to recycling activities within the permit boundary.
The Board imposes the following CORRECTIVE ACTION against the
Operator. the Operator shall file with the Division an amendment application to
increase the size of the current 112c reclamation permit to include, at a minimum,
the affected lands outside the approved permit boundary. The Operator shall
submit the amendment application, complete for -filing purposes, within ninety (90)
days of the effective date of this Order.
Bioken Anou Investments, LLC
M-2008-017
MV -2017-061
2
The Board imposes a CIVIL PENALTY for forty-two (42) days of violation at
$1,000 per day for a civil penalty of $42,000 All but $5,000 of the $42,000 civil
penalty is suspended if the Operator complies A ith the corrective action Failure to
complete the corrective action within the time provided in this Order shall result in
the suspended civil penalty ($37,000) becoming effective and due within 30 days of
the deadline for the collective action. The portion of the civil penalty- not suspended
($5,000) shall be due and payable within 30 days of the effective date of this Order.
Failure to submit any portion of the civil penalty by the date specified above shall
result in submittal of such civil penalty to state collections.
DONE AND ORDERED this LS-- day of
..71l�/-1 Gl.tf
C,
203!17.
FOR THE COLORADO MINED LAND
RECLAMATION BOARD
Forrest Luke Chair
NOTICE OF APPEAL RIGHTS
This order becomes effective and final upon mailing. Any party adversely affected
of aggrieved by agency action may commence an action for judicial review by filing
a notice of appeal with the district cow t within thirty-five (35) days after the
effective date of this order, pursuant to section 24-4-10G, C.R.S. (2017) In the event
that an appeal is filed, designations of record made in accordance with section 24-4-
106(6), C.R S should be served on the Board at 1313 Sherman Street, Room 215,
Denver, CO 80203, Attention: Camille Mojar
Broken Arrow Investments, 1,LC
M-2008-017
MV -2017-061
3
CERTIFICATE OF SERVICE
This is to certify that I have duly served the within FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER upon all parties heiein by depositing copies
of same in the United States mail, first-class postage prepaid, at Denver, Colorado,
this 19th day of January 2018 addressed as follows:
By certified ,,foal to.
7016 2140 0000 2345 9671
Broken Airow Investments, LLC
Kelly Hodge
6991St Ave
Greeley CO 80631
Broken Arrow Investments, LLC
M-2008-017
MV -2017-061
By elect, owe mail to:
Eric Scott
Division of Reclamation,-Minurg & Safety
1313 Sherman Street, Room 215
Denver, CO 80203
Wally Erickson
Division of Reclamation, Mimng & Safety
1313 Sherman Street; Room 215
Denver, CO 80203
John J Roberts
First Assistant Attorney General
Department of Law
Business and Licensing Section
Ralph L Carr Colorado Judicial Center
1300 Broadway, 10th floor
Denver, CO 80203
Charles J Kooyman
First Assistant Attorney General
Department of Law
Business and Licensing Section
Ralph L Carr Colorado Judicial Center
1300 Broadway, 8th floor
Denver, CO 80203
Jeff Fugate
First Assistant Attorney General
Department of Law
Natural Resources & Environment Section
Ralph L Carr Colorado Judicial Center
1300 Broadway, 10th floor
Denver, CO 80203
4
Scott Schultz
First Assistant Attorney General
Department of Law
Natural Resources & Environment Section
Ralph L Carr Colorado Judicial Center
1300 Broadway, 10th floor
Denver, CO 80203
Camille Mojar, Board Secretary
Broken Arrow Investments, LLC
M-2008-017
MV -2017-061
5
WELD COUNTY COZ 19-0001
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
EXHIBIT
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GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
• DRMS Permit M-2008-017
• Mining Plan — Area to be mined and reclaimed
is 75.21 acres. The total USR permit area is
145.05 acres.
• Mining occurring in original permit area.
Amendment area will start in Phase 5a for
overburden material to mix for road base and
reclamation soil for Loloff Pit. Pit run will be
extracted using dozers, excavators, loaders,
haul trucks, and be placed on conveyor/feeder
to the processing facility. Dust control will
include watering with a water truck on haul
roads and stockpiles and mag chloride of main
truck route interior to the mine.
WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
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TOTAL MINING AREA . 7521 AC
II I
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WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
. Mining will continue to progress in the
original permit area as a reclamation bond
has been posted with DRMS for the entire
31.84 acres as well as 13.94 acres of the
north area (amendment area Phase 5a
that will only be mined to a depth of 8-10
feet without exposing groundwater).
• Reclamation — Reclamation occurs as
mining progresses leaving 3:1 slopes for
the finished reservoir (same as mining
slopes). The south reservoir water surface
is 29.75 acres and 1,474 acre -ft of
storage. The north reservoir water surface
is 38.99 acres and 1,328 acre -ft of
storage.
WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
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WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
• Traffic — Traffic will continue to be the same as the
historic traffic from the Loloff and Derr Pits.
• The rates of extraction are 87,595 tons per month or
3,650 tons per week based on a 6 day week for hauling
(this is based on the last 12 months of truck tickets from
the Loloff and Derr Pits). The number of tandem trucks
per day is 20 and the number of semi -truck and trailers is
150 per day.
• Haul route will be Balsam Avenue to 8th Street then to
Hwy 85 if going west or continue on 8th Street east.
WELD COUNTY 2MJUSRI9-O8-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
CHERRY AVENUE / CR 43
WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
• Screening for access and processing areas
• Screening will be provided for the main entrance access
road from Balsam from north to south along the west
property line to help screen the operation. A berm and trees
are proposed.
• Additional screening is planned for the west, north, and east
property line in the north area of mining with a soil berm in
the 200 foot buffer areas when mining starts in the north
area.
WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
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WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
AMUSR 1660 BROKEN ARROW INVESTMENTS, LLC
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WELD COUNTY 2MJUSRI9-08-166O
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
• Noise Analysis
• South Area Mining and Processing Plant
• Noise Levels — See Next Slide of Noise Level
Contour Map
• North Area Mining
• Noise Levels — See Next Slide of Noise Level
Contour Map
WELD COUNTY 2MJUSRI9-O8-166O
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
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WELD COUNTY 2MJUSRI9-O8-166O
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
• Dust Control
• 5,000 Gallon Water Truck — Water truck will
water haul roads that are interior to the mine
and stock piles. An employee will be operating
the water truck at all times during business
hours.
• The main access from the scale house to the
loading area at the processing facility will be
conditioned with mag chloride for dust control
and watered when needed.
WELD COUNTY 2MJUSRI9-O8-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
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WELD COUNTY 2MJUSRI9-O8-166O
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
• Groundwater Impacts — Monitor Wells have been
installed along the perimeter of the original permit
boundary and have been measured to define a baseline
for the existing water table depth surrounding the
property. Three more wells were installed in the north
area a couple weeks ago.
• The south area being mined currently is being
dewatered and water that is pumped is being recharged
in ponds to the south of the mine area with overflow
draining to the Poudre River. The slurry wall for the
south area is planned to be constructed in 2020.
• The north area will require a slurry wall to be installed
prior to exposing groundwater per the permit
requirements with DRMS.
• If required a drain is proposed to be installed if the
increase or decrease is 2 feet or greater to balance the
groundwater table if mounding or shadowing effects
occur from the slurry wall
WELD COUNTY 2MJUSRI9-O8-166O
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
• Monitor Well Readings for MW -1 through MW -15 Ranges from September 2018 to August
2019
• MW -1 - Depth to Water is currently 18.16 feet - ranged from 16.73 to 27.66
• MW -2 - Depth to Water is currently 21.28 feet - ranged from 17.03 to 28.70
• MW -3 - Depth to Water is currently 21.45 feet - ranged from 17.67 to 21.45
• MW -4 - Depth to Water is currently 20.80 feet - ranged from 15.73 to 25.46
• MW -6 - Depth to Water is currently 19.12 feet - ranged from 14.78 to 19.12
• MW -7 - Depth to Water is currently 20.02 feet - ranged from 16.57 to 20.02
• MW -8 - Depth to Water is currently 21.58 feet - ranged from 17.71 to 21.58
• MW -9 - Depth to Water is currently 19.16 feet - ranged from 15.21 to 25.56
• MW -10 - Depth to Water is currently 19.27 feet - ranged from 13.89 to 26.6
• MW -11 - Depth to Water is currently 18.62 feet - ranged from 13.80 to 18.62
• MW -12 - Depth to Water is currently 20.4 feet - ranged from 16.49 to 27.43
• MW -13 - Depth to Water is currently 21.56 feet - ranged from 17.18 to 29.09
• MW -14 - Depth to Water is currently 49.73 feet - ranged from 45.9 to 50.32
• MW -14 - Depth to Water is currently 49.73 feet - ranged from 45.9 to 50.32
• MW -15 - Depth to Water is currently 44.88 feet - ranged from 41.11 to 51.07
• Francis Wells - Irrigation well - Currently 11' water level - 30' when pumping: Stock well
Currently 10'-8" water level; Domestic Well — Currently 9'-6" water level
• Taylor Well — Domestic well — Currently 16'-6" water level — using well to water lawn
New Monitor Well Readings August 2019
• MW -16 - Depth to Water is currently 43.63 feet — 1st reading
• MW -17 - Depth to Water is currently 47.00 feet — 1st reading
• MW -18 - Depth to Water is currently 46.38 feet — 1st reading
WELD COUNTY 2MJUSRI9-08-1660
GLOBAL ASSET RECOVERY, LLC C/O
BROKEN ARROW INVESTMENTS, LLC
CHERRY AVENUE / CR 43
WELD COUNTY USR 17-0072
PIONEER LAND COMPANY, LLC C/O
NORTHERN COLORADO CONSTRUCTORS
■ Questions / Discussion
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Veatch 501 N. 1st Ave.
reeley, CO 80631-9536
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Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Hello Esther,
Kim Ogle
Tuesday, November 12, 2019 7:08 AM
Esther Gesick; Selena Baltierra
J. C. York (jcyork@j-tconsulting.com)
Case Number - 2MJUSR19-08-1660 Broken Arrow Mine
JC York representative for Global Asset Recovery, LLC. 6530 Constitution Drive, Fort Wayne, IN 46804-1550, case
number 2MJUSR19-08-1660 will be requesting at the November 20, 2019 a continuance of the case until March 25, 2020
to allow the consultant team time to present the findings of their
water studies and to address any neighbor concerns that were a result of the studies.
This case, A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR-1660 for Mineral
Resource Development Facilities including open pit mining — sands, gravels and stones and
materials processing; stockpiling, recycling and processing of demolition material (asphalt and
concrete)
and the importation of soil amendments (topsoil, peats and compost) in the A (Agricultural) Zone District was continued until
November 20, 2019
If accepted by the Board, would the March 25, 2020 hearing be a viable date?
JC understands that the case will be called up and it will be the determination of the Board to allow/ accept the continuance
Thank you for any direction you are able to provide.
Kim Ogle
Planner
Weld County Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
970.400.3549 Direct
kogle@weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
1
November 13. 2019
Ms. Barbara Kirkmeyer, Chair
Board of County Commissioners
Weld County. Colorado
1150 O Street
P.O. Box 758
Greeley, CO 80631
hkirkmever ✓welduov.com
Via Email
RE: Broken Arrow Investments. LLC — Derr Pit — Weld County
2MJUSR19-08-1660
Dear Commissioner Kirkmeyer,
At its September 11, 2019 hearing, Broken Arrow Investments. LLC ("Broken Arrow")
requested. and the Board of County Commissioners ("Board") granted, a continuance of
this matter until November 20. 2019 to provide time to address the concerns of various
neighbors of the mine. Though we have made considerable progress in this regard. we
have additional work to complete before we are prepared to resume our presentation to
the Board. Therefore. Broken Arrow respectfully requests a continuance of this case to
March 25. 2020 to allow further time to review ground water modeling with the
neighbors and finalize agreements with those parties prior to presenting to the Board of
County Commissioners.
To review some of the progress we have made to date:
r We have been monitoring the wells of those neighbors who have granted us
access to their wells. This was done to provide more data for groundwater
modeling efforts.
Broken Arrow has completed well inspections on the Francis wells and the Taylor
well. We are currently awaiting schedules from the well drilling contractors on
when we can perform additional work on the Francis wells. We would like to
complete this work prior to presenting to the Board.
Broken Arrow is in the process of having the slurry wall design for the original
Derr Pit mining cell completed, and has scheduled the construction to commence
in March 2020.
Broken Arrow Investments, LLC
801 8th Street, Suite 130 Greeley, Colorado 80631
RE: Broken Arrow Investments. Inc - Derr Pit - Weld County 2MJUSR19-08-1660 11/13/19
-2-
We have nearly completed exhibits that help explain our groundwater modeling
efforts and plan to review these exhibits with the neighbors soon.
Regarding separate but related matters. Global Asset Recovery. LLC has turned in the
Change of Zone Plat for review by Planning Services and is addressing the redline
comments to finalize the Change of Zone Plat. Additionally, Global Asset Recovery.
LLC is in the process of transferring ownership of Parcel 096104100010 to the tenant so
they can pursue getting their change of zone to accommodate the current use.
Thank you for considering our continuance request.
Sincerely.
V
Kelly Hodge Phone: (970) 566-5090
Broken Arrow Investments. LLC
CC: Mr. Kim Ogle, Weld County Planning Services (via email)
Broken Arrow Investments. LLC
801 8th Street. Suite 130 Greeley. Colorado 80631
EXHIBIT
MEMORANDUM
TO: Weld County Board of County Commissioner
DATE: November 20. 2019
FROM: Kim Ogle, Planning Services
S
e\1
I
•
SUBJECT: Request for Continuance
2MJUSR19-08-1660. Broken Arrow Investments. LLC
Co/ Randy Geist. Global Asset Recovery LLC
The Department of Planning Services received a written request dated November 13. 2019 from
Kelly Hodge representative for Broken Arrow Investments. LLC to Chairwoman Barbara Kirkmeyer
requesting the continuance of A Site Specific Development Plan and 2nd Amended Use by Special
Review Permit No. USR-1660 for Mineral Resource Development Facilities including open pit mining
— sands. gravels and stones and materials processing: stockpiling, recycling and processing of
demolition material (asphalt and concrete) and the importation of soil amendments (topsoil. peats
and compost) in the A (Agricultural) Zone District.
This is the second request for a continuance by the applicant. The first continuance was at the
September 11. 2019 Board of County Commissioners hearing to allow the applicant and the
applicant's representative an opportunity to address the concerns of the neighborhood specifically to
allow time for ground water modeling and to create a ground water report.
The Department of Planning Services was noticed that the report will be presented to each neighbor
who held concerns about the effect of the mine and slurry wall on the adjacent portable and
irrigation wells. Individual meetings between each property owner and representatives for Broken
Arrow Investments. LLC have not occurred as the Draft ground water modeling analysis and report
was completed on Thursday November 13, 2019.
Given the issues that the applicant was directed to address. this office is in support of the
continuance. The applicant has requested a March 25. 2020 Board of County Commissioners
hearing date.
EXHIBIT
b
A
a
L1SU5-t't'0' If#
DUPLICATE EXHIBIT TO EXHIBIT K
*****REMOVED*****
EXHIBIT
Jessica Reid
)m:
Sent:
To:
Subject:
Attachments:
b
r
2
I
Z'%IOU5L lq*Onj
Kim Ogle
Tuesday, March 10, 2020 7:10 AM
Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid
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
Please add to the case file 2MJUSR19-08-1660
Thank you
Kim Ogle
Planning Services
From: JC York <jcyork@j-tconsulting.com>
Sent: Monday, March 9, 2020 4:19 PM
To: Kim Ogle <kogle@weldgov.com>
Cc: Kelly Hodge <kahodgel@comcast.net>
Subject: Derr Pit USR Amendment - Signed Agreements with Parker and Taylor and Signed Letters Withdrawing
Objections
aution: 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
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.
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
DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT
THIS AGREEMENT ("Agreement") is made this `7 day of /flan y , 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 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 ("Den 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 ("DRMS") 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-
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 Parker owns Parcel No 096104200012 at 211 North Balsam Avenue ("Property"), which
lies immediately west of the Amendment Area North Weld County Water District
provides potable water service to the Property
6 Parker 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 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 Den Pits have
negatively impacted a water well on the Property ("Parker well"), and that additional
mining in the Amendment Area will exacerbate such impacts
DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT
THIS AGREEMENT ("Agreement") is made this r day of /feq , 2020 by and
between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8 Street, Suite 130,
Greeley, Colorado 80631, Loloff Construction, Inc ("Loloff"), whose address is 801 8th Street,
Suite 130, Gieeley, Colorado 80631, Global Asset Recovery, LLC ("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
1 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 DBMS 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 Der 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 Der Pit on June 27, 2018
(Revision No AM01) 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")
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 authonzation
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, 2MJUSRI9-08-1660, 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 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
mining in the Amendment Area will exacerbate such impacts
DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT
i
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 Jerry Winters and Dixie Ann Hoffner
("Winters/Hoffner") (collectively, the "Parties")
RECITALS
1 GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam
Avenue m 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
O3
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 Winters/Hoffner owns Parcel No 096103000044 at 21138 County Road 62 and Parcel
No 080334000019 ("Property"), which lies east and north of the Amendment Area
6 Winters/Hoffner has opposed BAI's efforts to amend the USR Permit, 2MJUSR19-08-
1660, in letters submitted to Weld County and entered into the record for the USR permit
amendment proceedings
7 Winters/Hoffner's opposition to the USR Permit amendment is primarily, though not
exclusively, based on its belief that additional mining in the Amendment Area at the Derr
Pit will have a negatively impact on various water wells on the Property
("Winters/Hoffner wells")
8 The Parties disagree as to whether and to what extent mining operations in the
Amendment Area will impact the wells
9 To address Winters/Hoffner's concerns, BAI has researched the Winters/Hoffner wells
to identify potential impacts from 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 Wmters/Hoffner
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 Wmters/Hoffner's concerns related to BAI's
and Loloffs existing and planned mining operations, have Wmters/Hoffner withdraw its
opposition to BAI's efforts to amend the USR Permit, 2MJUSRI9-08-1660, and fully
resolve all Issues and obligations between Wmters/Hoffner 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
Wmters/Hoffner identifies the following concerns as the basis for its objection to the Derr
Pit expansion
A Noise
Winters/Hoffner has concerns about noise that will be generated by operations in
the Amendment Area
B Dust
Winters/Hoffner has concerns about dust that will be generated by operations in
the Amendment Area
C Traffic
Wmters/Hoffner has concerns about increased traffic generated by operations in
the Amendment Area and the travel routes of the mine -related vehicles
0
O
o
O
D Water Wells
Wmters/Hoffner has two wells on Parcel No 096103000044 and Parcel No
080334000019 (irrigation) that Wmters/Hoffner 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 Winters/Hoffner's concerns regarding BAI's and
Loloffs past and planned mining operations, to allow Winters/Hoffner to withdraw its
objections to BAI's efforts to amend the USR Permit 2MJUSRI9-08-1660, 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 2MJUSRI9-08-1660, 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 2MJUSRI9-08-1660, 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
3
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 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 Winters/Hoffner
wells that Winters/Hoffner continues to operate after execution of
this Agreement, provided Winters/Hoffner 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 Winters/Hoffner each month by
certified mail
b If monthly monitoring shows that the pumping rate in the existing
irrigation well(s) 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(s) Once the problems are determined BAI
and Winters/Hoffner 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 Wmters/Hoffner I
B Winters/Hoffner
1 Within seven days of the execution of this Agreement, Winters/Hoffner
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
Winters/Hoffner's withdrawal letter shall be substantively similar to the
draft letter contained in Exhibit B to this Agreement
4
2. Winters/Hoffner shall fully consent to and support BAI's efforts to gain
governmental approval to expand mining operations into the Amendment
Area. Winters/Hoffner 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, Winters/Hoffner shall provide BAI
representatives access to the Winters/Hoffner 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, Winters/Hoffner 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 Winters/Hoffner 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.I. 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 Winters/Hoffner 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 Winters/Hoffner wells.
5
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 Wmters/Hoffner from asserting future claims
regarding the Winters/Hoffner 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 Winters/Hoffner 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.
6
( )
O
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
r
LOLOFF CONSTRUCTION, INC
BY
TITLE
GLOBAL ASSETS RECOVERY, LLC
BY
TITLE
Jerry Winters and Dixie Ann Hoffner
BY
TITLE
7
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in
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(N,1
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a
Pit\Drawings\Exhibits\JT-Overall Permits Exhibit.dwg
P \07123 Der
Ms. Barbara Kirkmeyer
Board of County Commissioners
Weld County, Colorado
1555 North 17th Avenue
Greeley, CO 80631
bkirkmeyer@weldgov.com
RE: 2MJUSRI9-08-1660 -- 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 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)
Jessica Reid
Dm:
sent:
To:
Cc:
Subject:
Attachments:
LnfIal I
eR
Melvin Bickling <mbick7077@outlook.com>
Monday, March 16, 2020 6:05 PM
Esther Gesick
Kim Ogle; Isabella Juanicorena; Jan Warwick; Jessica Reid
Re: Adding Items to the USR file Derr Pit 2MJUSR19-08-1660 PL1983
Figs_1-3.pdf; Fig_5_SaturatedThickness.pdf; Fig_4_BedrockElevation.pdf; Fig_3
_Vicinity WellDepth.pdf; Fig_2_GeologyWaterTable.pdf; Fig_1_StudyArea_with297435.pdf;
Fig_10_ChangeWaterLevels.pdf; Fig_*_ChangeWaterLevels.pdf; Fig_8
_WaterTableComparison.pdf; Fig_71ransmissivity.pdf; Fig_6_VicinityWellYield.pdf;
Winters Hoffner Agreement 3.6.20.pdf; Winters and Hoffner Agreement Letter 3.6.20.pdf
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.
Please add the following information to the file. This information is from the Winter/Hoffner Farms.
If you have any questions please contact me 970-227-8420. mbick7077@outlook.com
From: Esther Gesick <egesick@weldgov.com>
Sent: Sunday, March 15, 2020 7:37 PM
To: Melvin Bickling <mbick7077@outlook.com>
Cc: Kim Ogle <kogle@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Isabella Juanicorena
uanicorena@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com>
.subject: RE: Adding Items to the USR file Derr Pit 2MJUSR19-08-1660 PL1983
Hi Mel,
I will be out of the office this coming week, so I've copied Kim and the `CTB Planning' email group on this message so the
appropriate folks can process any submitted items. Please just 'REPLY ALL' and attach any relevant documents (.pdf,
PowerPoint, Word, etc. are all acceptable).
Thank you,
Esther E. Gesick
Clerk to the Board
1150 0 Street/P.O. Box 758IGreeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
om: Melvin Bickling <mbick7077@outlook.com>
Sent: Sunday, March 15, 2020 7:24 PM
1
To: Esther Gesick <egesick@weldgov.com>
Subject: Adding Items to the USR file Derr Pit 2MJUSR19-08-1660 PL1983
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.
Hello Ester!
This is Mel Bickling. Thank you for the help on this file a few weeks ago.
Spoke with Kim Ogle and he suggested that if we need to present new material for the BOCC meeting on
March 25th, we should send the new material to the file before the meeting. what is the best way to send
items to you and in what format is the best to use?
Thank you,
Mel Bickling
970-227-8420
mbick7077@outlook.com
2
Permits, 1/30/2020 2:35 47 PM
Pit\Drawings\Exhibits\JT-Overall Permits Exhibit.dwg
P:\07123 Der
DERR PIT
AMENDMENT
800 400
0
800
SCALE IN FEET
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:
TPY
Scale:
1 "=800'
Sheet: 1 Of: 1
Ms. Barbara Kirkmeyer
Board of County Commissioners
Weld County, Colorado
1555 North 17th Avenue
Greeley, CO 80631
bkirkmeyer@weldgov.com
RE: 2MJUSR 19-08-1660 -- 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 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)
65W
I
Francis
#3 Dom
135883 •T
Francis
#1 Stock
26555-A
Figure 1
Cross -Section Locations
Derr Pit
Weld County, Colorado
Parker Dom
44673
30562-F
Sources:
CDSS Well Permit Database 100119, JT Consulting
Monitoring Well Data, Google Earth Image 2018, ESRI
World Topo, USGS DEM 10m
MW -18
314937
MW -9
311492
MW -12
311495
Bliss Irr
12334 -R -R
Global Assets
Davis Irr
14960-R/
MW -10
311493
Koehler
#3 Irr
11564-R
Koehler
#1 Dom
314643
Koehler #2
stock
314644
MW -17
MW -5
311488
MW -4
311487
MW -11
311494 311497
MW -13
311496 MW -3
MW -2 311486
311485
Map Legend
Cross -Section
Monitoring Well
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, feet
Hofner
#1 Dom
13200-F
MW -16
314935
Murata
#1 In.
246784
Hofner
#2 Irr
13199-F
Feet
2,000
Loloff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
rane Water
Engineering, LLC
feet above mean sea lev
4100-
4690
4680-
4670-
4660
4650-
4640
4630"
4620"
H
4610-
4600-
4590-
4580-
4570-
4560-1
4550-
4540-
.,
4530-
4520-
4510^"
4500-
4490-
4480-
r
4470 -
feet
North
Bliss In -
12334 -R -R
(600 gpm)
45.2'
45.5'
48,
07/09/10
Top Screen: 64'
Pump: 78'
Bottom Screen: 84'
Koehler #3 Irr
11564-R
(1,200 pgm)
40.5'
2012
49.6
41.
1'
Kuelilei 1#1 Dunn
314643
(7 gpm)
lop Screen: 65'
Bottom Screen: 110'
40.4'
48.6'
41 9
Global Assets
Davis In
-
14960 -R
(1,150 gpm)
Figure 2 - North -South Cross -Section
Derr Pit, Weld County, Colorado
Derr Pit
Amendment
Parker Dom
44673
31'
04/01/60
:• :..;
......:� .. •.••.•
•
07/01/54
7.
35.9'
Derr Pit
i
MW -7
. \\___ 311490 MW -8
311491
15.4'
46.6'.
Top Screen: 6
. ... . • ..••••...“'....••••••••••••••••'•;••••:-....••••••••
: •.
.
• • • •*... ... •'°........ .. . , ..
20'
I
MW -1
311484
•
.
Taylor Dom
223885-A
(10 gpm)
Francis #2 In -
30562 -F
(250 gpm) Francis #1 Stock
5' 26555-A
10/01/8
11' ' 8.9'
06✓05/09,
16.1'
Pump: 20'
Top Screen: 23'
10.9'
Bottom Screen: 43.5'
12.9'
ITop Screen: 28.5'
Pump: 36'
Bottom Screen: 38.5'
eir
r�
1
8th Ave Pit*
South
Cache
la Poudre
*Water level at 8th Ave
pit observed = 10'
below Cache la Poudre
River (Source: JT
Consultants 11/11/19)
.,....(0,. •
a..,
Cross -Section Legend
Material Type
Sand, Gravel, and Clay Aquifer
Bedrock
Borehole
Water Level
Screen Interval (with depth) (feet below ground surface)
Water Level - When Drilled
Predevelopment Water Level (modeled)
V Water Level 10/10/19
Water Table
Predevelopment Water Table (modeled)
Water Table - 10/10/19
Approximate Water Table
Pump Intake
V River Water Level
Mineable Gravel
/7 Current Dewatering
Vertical Exaggeration: 20X
Scale 1:9,000
Projection: Colorado State
Plane North, feet
Well construction and pump
intake depth information
obtained from Colorado
Division of Water Resources
well records.
Sources:
CDSS Well Permit Database 100119, JT Consulting Monitoring
Well Data, USGS DEM 10m
Date: November 11, 2019
tMcGrane Water
..,
l Engineering, LLC
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I l I I
500 1000 1500 ?000 ?500
1 i 1 1, 1 I i 1 1 1
3000 3500
Ili
4000 H.1('.
5000
5500
6000
1111111111111111
6500 1000 1':,00
1 1 1 1 1 1 1 1 1 1 1 1 1
8000 8500 9000
9500
"4/50
"1/40
-+4730
-4720
-x1710
-4 /00
"1690
-4680
-4670
-4650
-4640
"4630
-46?0
-+1610
-x1600
-4590
-4580
S
-4570
-+4560
-4550
-4540
-4530
S
-4520
510
500
490
480
470
feet above mean sea
4670-
4660-
4650-
4640-
4630-
4620-
4610-
4600-
4590-
4580-
4570-
4560-
4550-
4540-
4530-
4520-
4510-
4500-
44(.3Q-
/1/lK()-
:1 -
Harrell #2 Irr
West
Harrell
#1 Dom
226878-A
(15 gpm) 287278
(50 gpm)
4;I
0
\
16'
0801/00
Top crlen:30'
Bottom Screen: 50'
Figure 3 - West -East Cross -Section
Derr Pit, Weld County, Colorado
Loloff Pit
MW -8
311491
Derr Pit
MW -11
311494
East
Murata #1 Irr
246784
(15 gpm)
MW -4
311487,
<---e< 8.5'
Top Screen: 56'
Bottom Screen: 80'
LT
-4710
-4700
-4690
-4680
,Ii.)/0
-4650
-4640
-4630
-4620
-4610
-4600
-4590
.4580
-4`hi0
-4560
-4550
-4540
-4530
-4520
-4510
-4500
-4491)
0.44/0
feet
0
1 I 1
1000
r
I
i 1 ).lift
r I
2500
I ' I
3000
I '
3500
1
I
4000
Cross -Section Legend
Borehole
Screen Interval (with depth)
Material Type
Sand, Gravel, and Clay Aquifer
Bedrock
Water Level
(feet below ground surface)
\
Water Level - When Drilled
Predevelopment Water Level (modeled)
V Water Level - 10/10/19
Water Table
Predevelopment Water Table (modeled)
'`.. Water Table - 10/10/19
Pump Intake
/ Loloff Slurry Wall
'/;. Current Dewatering
Mineable Gravel
Vertical Exaggeration: 20X
Scale 1:8,500
Projection: Colorado State Plane North, feet
Well construction andpump intake depth
information obtained from Colorado Division of
Water Resources well records.
Sources:
CDSS Well Permit Database 100119, JT Consulting Monitoring
Well Data, USGS DEM 10m
Date: November 11, 2019
.4-
McGrane Water
Engineering, LLC
z
LO
4563
<4594
<4587
<4591
<4620
<4593
4612
<4625
4609 <4612
<4611
<4611
<4632
<46b2 4606
Figure 4
Bedrock Elevation
?rr Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, Hurr & Schneider
(OF -93-124), ESRI World Imagery
<4603 4598
4594
4':
4594 .
4,597
4609
4609 .A4605
<4605
<4598 �.M.
65W
454
el
4567 X50
6 488 4555I
4550 4550 11555 1
45 2 4548 11540
7467
<4583
4SS2 4548
as
4551
<4617
4
Map Legend
Derr Monitoring Well
DWR Water Well
Each well point labeler with
bedrock elevation.
Date: November 11, 2019
Datum/Pro,ection: NAD83/Colorado State
Plane North, ft
1
14545
1 Feet
1,500 3,000
Model Extent
Loloff Pit with Slurry Wall
r Derr Pit Amendment with
"' Future Slurry Wall
Bedrock Elevation Contour
Engineering, LLC
J _
55 `N
I
LU
z
21
7440%**,
1 Feet
3,000
Figure 5
Saturated Thickness of
Alluvial Material
_ ?rr Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, Hurr & Schneider
(0E-93-124), ESRI World Topo Map
33 30 • 25
'... 21 60 19
Map Legend
Registered Well Used for
Monitoring
DWR Water Well
Saturated Thickness
(contour interval = 10`)
*Modeled predevelopment water
table minus bedrock elevation
L'
Each well point labeled with saturated thickness.
d
d
r�
I
Derr Pit Model
Loloff Pit Slurry Wall
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
65W
779-WCB
(25)
1821 9-F 18300-F
(14 00) (89*298-F
(1400)
16b�5 F- 18297-F
(1325) (1320)
59117-DW
200)
130671--A
(15)
2420-F
(55)
20193-F
25866 -F -R (220)
(350),
20194-F
(180)
835-WCB
(10)
A
39156-F
(15)
A
Figure 6
Vicinity Well Yield
'rr Pit
Weld County, Colorado
78326--A
(15)
A
12798 -R -R
(1000)
12725-R
(300)
12713-R
(18) ALM
205113--A
A (15)
421-WCB S — — "'
(10)
A
287273
(50)
620-WCB
30562-F (800)
135883 (250) A
(40) 4 223885-A
26555-A (10)
(20) 2368 F
(30)
134824--A
(15)
8 -WCB
(10
A
Sources:
CDSS Well Permit Database 100119, ESRI World Imagery
12334 -R -R
(600)
68387 -F -R
(250)
509`'1
4
4518 -R -R
(600)
246784
(15)
13199-F
(800)
276622--A
i20)
137543--A
(36) jo
374-WCB
(1200)
19426 -R -R
(BQ,QJ
224040--A
(10)
A
4809 F -R
(90 )
780- CB
(82 )
1 Feet
3,000
Map Legend
Well with Yield Data I I Model Extent
(gallons per minute)
A <15
15-250
250 - 1000
1000 - 1200
Loloff Pit with Slurry Wall
o Derr Pit with Planned Slurry Wall (2020)
Derr Pit Amendment with Future Slurry Wall
Labeled with:
DWR permit number
(well yield) Only wells with well yield given in permit information are displayed.
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
Engineering, LLC
Figure 7
Transmissivity
?rr Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, Hurr & Schneider
(0E-93-124), ESRI World Imagery
Map Legend
Model Extent
Loloff Pit with Slurry Wall
d
56
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
Modeled Transmissivity
(10O0s gpd/ft)
< 50
50- 100
100 - 200
200 - 300
300 - 432
Transmissivity Contour fom
Hurr & Schneider
(Contour intervals varies,
1000s gpd/ft)
Date: November 11, 2019
Datum/Projection: NAD83/Colorado Sta:e
Plane North, ft
Engineering, LLC
z
tf� _
463
4 7 4637
636 4636 ,M
4634
4651
4626
4639
4631
• 4635
4
4635
4632
4647
4639 4633
4637
4627
4606
Figure 8
Water Table Elevation
Comparison
err Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, Modeled Output,
Hurr & Schneider (OF -93-124), ESRI World Topo Map
65W
NA N
4639 ,
4614
4626-
4632 . 4619
4615
4615 4613
4614 4601
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
Each well point labeled with
wate- table elevation.
Date: November 9, 2019
Datum/Projection: NAD83/Colorado Sta:e
Plane North, ft
DWR Water Well
4617
•
4631 4634
Wien 4598
Modeled Water Table Elevation
Contour (Contour Interval = 10 feet)
Water Table Elevaiton Contour
(Contour Interval = 10 feet)
Revised from Hurr & Schneider
IVI%e I GI 1C vvGtc
Engineering, LLC 1
65W
el'",
1 11- '!1
28
27
PLEASANT PALL
E `►
26
158710
�- A__h
I
12038-R
F 18300-
i 8299-F
18298-F
a 18297-F
16885-F
I
•
-r
I IL.-,� 2420-F
19156 20193-F
25866 -F -R AA A
I A 21555 20194-F
59117-DW
A
•
'Jr
4
.41
E
2
aB
----ealliene. _--__—_—
779 -WC B
177161
32
60123
78326--A
A
12798 -R -R
45785 A
12725-R
A
115380
A 0.5 314643
12713-R 14960_R _ '
465-WCB A ___,---1------ •
205113--A 421 -WC B
130671--A ♦ ( /r44673
72586 ♦ `30671 23312
( raltaslIS
23312--A ,
269691--A A 4ti —
259513 4539 `
226878-A ' • `
2947-F A 287278
r
J A265613 16038
A
22150
42443-M H
A
10924-F 307871
iirt A A 59216-M H
25941
135883 . -N 305E2 -F A 28174
• 2368-F
26555-A----0.5
4
A 134824--A
835-WCB , 169394 20307
A 37943-M 37044-M A 169393 m I 47086-M H
37946-M 8324
37942-M fl 39173-F' ♦,313430
A
59488-M H
37945-M
♦44981
39156-F V
TIM .•
dr� ~ p Sunase
-- park
lit - .112th St
t*ki•
309494
� M s
223835-Aa_�-
� 620-WCB •
246784
68387 -F -R
A
•
was'
tin
es�
16th
44
3204
90572
♦ A 833 -WC B
47087-M H
x
Figure 9
Change in Water Levels Due to
Loloff and Derr Pit Slurry Walls
?rr Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, Modeled Output,
ESRI World Topo Map
9
4518 -R -R
13199-F
.
2020-F
A
eu
34
19426 -R -R
A
374 -WC B
A
28964
A 3
280641
A 105592 51423-MH
12678-R A A
161382-A A 276622--A
5099
A
9844
A
•
r Jr, i_ .. -T-T
19427-R
A
48096-F
48096; F -R
3
780-WCB
PLEASANT 1*LLE
s4"41 Croe4
224040--A
A
24586-M H
A
5099--A 137543--A
3739
A
123793—
13196 "
4595 -R -R
2
11582-R
13884-R A
11581-R
A 14869-R - _
__-__ - _-__- _a -_ _--r SS e SSP ar IS r /MISS'S Sr SS ar-as
0
1,500
1 Feet
3,000
11
Map Legend
Model Extent
Change in Water Level Contour
Mounding
Drawdown
Contour Interval = 0.5 foot
•
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: NAD83/Colorado State
Plane North, ft
McGrane Wate
Engineering, LLC
65W
1587.10.
I
12038-R
IA
I
183 00-FF
8299-
a18298-F
18297-F
16885-F
h
59117-DW
A
OOP
-., 2420-F
c
2" sr •
29
32
5 a
19156 20193-F
25866 -F -R
! ♦ 21555 20194-F
r
835-WCB 169394 20307
A y I A 37943-M 37QA 4..M 169393 :f 47086-M H
f' 37946-M 8324
37942-Mfl39173..F 58488-M 313430
'
'moo 37945-M
41
4
a
a
779 -WC B
177161 460123
A
85
l.-
78326 --A
A
12798 -R -R
45785
12725-R
A
115380
A
12713-R
465-WCB �
130671--A AA 2051132-A
72586 A AA 130671
23312
23312--A ,
269691--A A 226878-A
-
259513 A X5391 •
2947-F A 287278
265613 16038
A -
2'150
42443-MH
A
a CM
421-WCE
44673i
1
223835 -Ave
p -5
314643-114k44\
--- seas -------
4518-R-R
12334 -R -R l 13199-F
.
11564-R
.
13200-F
114960= _Rz .
is °e t
r
,4-
25941 620=WC B
135883 30562-F • s 28174
• 2368-F
26555-A
♦ 44981
10924-F 1 307871
".' sal 59216-MH
1 Sunrise
1I
12th St
L
309494 4
39156-F V I
am
----------------------
f 1
Is • 1 ..
rift. an a
:Agit' , . Mt
ands pi sod
< C.
m J
WI
L. - - 16th St
r
w .
3204
.».�
se
15th St
90572
♦♦ ♦ 833 -WC B
47087-MH
ft!
c
2
4
28
E:1
Q
E
O3
- -4MMEMIlkt --4IMMOMMI4Ps.
14658
A
33
2
z
A 134824--A
Figure 10
Change in Water Levels Due to
Loloff and Derr and Derr
Amendment Slurry Walls
err Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, Modeled Output,
ESRI World Topo Map
I
9
F 16th St
4
-1
♦
1
1
1
1
19089-M H
246784
2020-F
0.5
68387 -F -R
A
27
PLEASANT VALLEY
urcalty Ruad 64
-------------
34
19426 -R -R
A
4664 ft
280641
A
12678-R 105592
161382-A � 276622--A
5099
A
9844
A
�.4urty Roaa61
374 -WC B
A
28964
A 3
51423-MH
A
26
i
48096-F
48096; F -R
35
19427-R ;
A I
780 -WC B
♦ ,
PLEASANT111
LLE
sand Crefeh
224040--A
A
24586-MH
A
5099--A 137543--A
t
ra
2
4
Linn Ott'
Cornet,
114
0 L. MI at
3739
A
1,500
123793
♦
13196 -4595 -R -R
r
I
i
I
2
i
I
11582-R
13884-R A
11581-R
A 14869-R
1 Feet
3,000
11
Map Legend
J Model Extent
Change in Water Level Contour
'N., Mounding
�.� Drawdown
Contour Interval = 0.5 foot
•
Loloff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall (2020)
Derr Pit Amendment with Future Slurry Wall
DWR Well Currently Being Monitored
DWR Water Well
Each well point labeled with DWR
permit number.
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
158710
12038-R
177161
18300-F
18299-F
18298-F
18297-F
16885-F '1
9117-DW
19156 20193-F
5866 -F -R
20194-F
21555 if
2368-F
'�Co r
•
10924-F 1693:4 307871 134824--A
t*** - 59216-MH
20307
779-WCB
60123
78326--A
12798 -R -R
45785
269691--A 259513 •
2947-F 287278
265613 16038
22150
42443-MH
421-WCB I
44671
835-WCB 169393
65W
4518 -R -R
`12334 -R -R 13199-F
11564-R
314643 314644
13200-F
314936
t "S 12s19t h r► e 1
6878 A 311490 311489
Ins `311488
31$292 311493 %i908*MH 314935
31149'
311494 31 87 246784
31148 311495 311 6
25941 223885-A "" �. 311497
4 311485 311186
135883 • _ 30562-F
620-WCB 28174
26555-A
37943-M 3739$46-M 8324 47086-MH
37942-M 39173-F 31343
37945-M 59488-MH
3204 90572
39156-F 309494
Figure 1
Study Area and Wells
3rr Pit
Weld County, Colorado
Sources:
CDSS Well Permit Database 100119, J&T Consultants,
ESRI World Topo Map
47,: -MH
833-WCB
68387 -F -R
12678-R
161382-A ; 276622--A
137543 --A
Map Legend
Derr Monitoring Well
Derr Pit Amendment Monitoring
Well
Registered Well Used for
Monitoring
DWR Water Well
Date: November 22, 2019
Datum/Projection: NAD83/Colorado Sta:e
Plane North, ft
19426 -R -R
374-WCB
28964
3
280641
224040--A
105592 51423-MH
24586-M H
48096 -F -R
19427-R
780-WCB
13196--A
123793
4595 -R -R
11582-R
13884-R
11581-R
14869-R
Feet
3,000
Model Extent
Loloff Pit with Slurry Wall
Derr Pit with Planned Slurry Wall
(2020)
Derr Pit Amendment with
Future Slurry Wall
65W
28
Kis
27
26
4643
437
4686
4646
4638
X4637
4636
4640
4642
4641
4639 4633
'4637
4647 4637
4644
4641
4606
4634
4651
4652
4634
4665
4626
4639
4637 4638
4632
4631
4630 4635
4624
4636 4631 NA
4636 4635 4632
4623
4632
4627
4606
4630 C) 4629
4625
46
4631
4638
4638
5
4644
33
4614 1
462061
1
ea en
NA 4 631 4624 4628
4629
4630
4627
Qg
4639
A
Figure 2
Surficial Geology and
Predevelopment Water Table
err 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
Qa
4620
4632
•
4635
•
Qg
NA NA
4594
♦
I
Imo mg
4632 ,4619
465
4637
L
9
4598
4635
•
34
4629
4640
A
4583
4611
4615
/4615
4614/s 4601
4618
4630
A
4624
A
4613 4614
0
3
4598
4616
1,500
53
619
4618 '4619
4
4631 4634
4598
1 Feet
3,000
j
Map Legend
0
•
Point Where Ccntour Crosses
River (10m DEN1)
Registered Well Used for
Monitoring
A 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.
0
Model Extent
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 Sta:e
Plane North, ft
rane Water
Engineering, LLC
I 18300-F
18299-F (71)
171) 18298-F �c
(72)
16185-F 18297-F
(69) (73) 59117 -OW
Imo° (42)7":
2420-F
(28)
25866 -F -R
779-WCB
(122)
78326--A
(108)
12798 -R -R
(116)
12725-R
(73)
465-WCB
(25)
130671--A
(19)
269691--A
(42)
20193-F
(30) (41)
20194-F
(41)
83S-WCB
(36) 37943-M 37944-M
rr (22) (22) 37946-M
37942-M f I• (22)
(22) 39173-F
37945-M(42).,
4112
r' .r. e :
N. r • %`ie il,;�j
39156-F
(38)
Figure 3
Vicinity Well Depth
42443-M H
(15)
12713-R
(50)
205113--A
(45)
65W
12334 -R -R
(90)
11564-R
(110)
14960-R
(101)
314937
., ,; (114)
421-WCB
41073 311493 MW -17
(87)
314936
(95)
23312--A
226878-A
(70)
(50)
2947-F 287278
.__. pa)3114 1! 311494 I (88)1 3 (115)
(94)
1 311495 31149r
59216-M H
(30)
59488-M H
(30)
err Pit
Weld County, Colorado
620-WCB
(45N
(79) (98)
2368-F
30) 223885-A
(44)
30562-F
134824--A (38.5
(35)
833-WCB z•
(15) 7 47087-MH
Sources:
CDSS Well Permit Database 100119, Tweto Geologic Map
of Colorado (1979), ESRI World Topo Map
iiIIP 4P
♦
314935
13199-F
(108)
19089-M H
(39)
311486 46784
311484 311485
(55) (90)
68387 -F -R
(60)
5099--A
(60)
- -
19426 -R -R
(100)_
374-WCB
(86) less
2020-F
(25) 12678-R 51423-MH
(30) (30)
Map Legend
Derr Monitoring Well
137543--A
(40)
276622--A
(70)
Derr Pit Amendment Monitoring
Well
Registered Well Used for
Monitoring
DWR Water We
Labeled with:
DWR permit number
(well depth)
224040--A
(60)
24586-MH
(27)
19427-R
(75)
11582 R
(50)
11581-R
(25)
13884-R
40)
14869-R
(40)
Feet
3,000
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 are displayed.
Date: November 11, 2019
Datum/Projection: NAD83/Colorado State
Plane North, ft
McGrane Wate
Engineering, LLC
Mr. Jerry Winters
42 Willowcroft Drive
Littleton CO 80123
Phone: 720-398-8849
Broken Arrow
Investments, LLC
801 8`" Street, Suite 130
Greeley, CO 80631
Ms. Dixie Ann Hoffner
30300 Weld County Road 57
Gill CO 80624
Phone: 970-352-4654
March 6, 2020
Re: Derr Pit Expansion Neighboring Landowner Agreement
Mr. Winters and Ms. Hoffner:
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 2 wells that are registered with the State of Colorado, Department of Natural
Resources, Division of Water Resources. There is one well on your Parcel No.
096103000044 at 21138 County Road 62. There is one well on your Parcel No.
080334000019. The well numbers are Permit 13200F (irrigation well), and Permit 13199R
(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 minirg.
• The records for your well are available from the State Engineer's Office for the pumping that
has occurred in previous years.
• We have reviewed information on the Bliss Well and your wells in this area. The meter
testing on all of these wells in 2015 and again in 2019 are nearly the same for the discharge
capacity of each well. Your wells that were tested in 2019 had slightly higher flows than in
2015.
• 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 Winters and Ms Hoffner
RE Derr Pit Expansion Neighboring Landowner Agreement
-2-
• 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 irrigation wells will continue to be monitored by AgPro Since there is data on what each
well could pump previously we have a baseline for the existing capacity of each well If
either of the wells begin to pump 50 gpm less that what the previous meter certification test
results show we would propose to rent CBT or other shares of irrigation water so that you
are not impacted while the well can be inspected to determine if there are problems with the
existing pump, motor, screen, or other parts of the well We would propose to have Quality
Well and Pump do any inspection and testing of the well
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
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