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Home My WebLink About20201358.tiffEXHIBIT INVENTORY CONTROL SHEET - 4 CASE 2MJUSR19-08-1660 - GLOBAL ASSET RECOVERY, LLC Exhibit Submitted B Tyler Page # Description Ryan Donovan with Lawrence Jones Custer Grasmick LL. LLP MM. Applicant 2 193 NN. SPO Rocky Francis 211 OO. Melvin Bickling PP. SPO Diana Taylor QQ. Applicant RR. Applicant Letter and supporting documentation (received 5/5/2020) PowerPoint Presentation dated 5/5/20 (received 5/6/2020) Page 27 of a letter stating, "Broken Arrow Investments, LLC, will ensure that all necessary actions or measures are taken to address or remedy the injuries" (received 5/6/2020) SPO resolution summary email dated 5/11/2020, Loloff Pit Technical Revision dated 8/27/2013, Mineral Rules and Regulations of the Colorado Mined 212 Land Reclamation Board (received 5/14/2020) Rescind letter of support a.k.a. letter of opposition dated 5/2/2020 (received 5/11/2020) *See also 234 Exhibit FF Francis progress email dated 5/4/2020 (received 236 5/21/2020) *See also Exhibit HH Winters/Hoffner 2015 Meter Tests north and south well, 2019 Meter Tests north and south well (received 237 5/21/2020) EXHIBIT LIST CONTINUED TO DOCUMENT 2020-1517 2020-1358 LA41NCE JONES CUSTER GRASMICK LLP ATTORNEYS AT LAW 5245 RONALD REAGAN BLVD., SUITE 1 JOHNSTOWN, COLORADO 80534 TELEPHONE: 970-622-8181 WWW.LICGLAW.COM ryan*I jcglaw.com P. Andrew Jones • Bradley C. Grasmick • David P. Jones • Ryan M. Donovan Wesley S. Knoll • Alyson K. Scott • Sheena M. Moran (Of Counsel) May 5, 2020 Via Email Only Kim Ogle Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 Via email: kogle@weldgov.com RE: Case No. 2MJUSR19-08-1660 Dear Mr. Ogle: Our firm represents the Applicant, Global Asset Recovery, LLC and the affiliated entities involved in this application, including Broken Arrow Investments, LLC (collectively, "Applicant"). I am writing to request that the Board of County Commissioners approve the application to amend the existing USR for the Derr Pit. The Applicant has been issued a USR permit for an area known as the Derr Pit. The Den Pit is currently mined subject to DRMS Permit No. M-2008-017 ("Mining Permit"). In February 2018, Applicant submitted an application to DRMS to amend the Mining Permit. That application was approved by DRMS on June 27, 2018. See Exhibit 1 attached hereto ("Mining Permit Amendment Approval"). The primary objective of the Mining Permit amendment was to bring 105.8 acres directly North of the existing Derr Pit within the terms of the Mining Permit. This area is referred to as the "Amended Area." All other conditions of the original Mining Permit "remain in full force and effect." The Derr Pit is still actively being mined. The Amended Area will also be mined in the future as part of a subsequent phase of mining at the combined pits. Yet, the Mining Permit Amendment Approval makes clear that at this time mining activities on the Amended Area include only "dry mining (no groundwater exposed)." In fact, the immediate need of the Applicant for requesting 2MJUSR19-08-1660 Page 2 of 8 the Mining Permit amendment and'1 seeking this USR amendment is to access the Amended Area and collect materials (above the groundwater level) that will be used in the construction of a slurry wall liner around the original Derr Pit As discussed below, installation of the slurry wall liner will restore the groundwater levels to within a foot or two of its pre -mining conditions In some areas up -gradient of the slurry wall liner, the groundwater levels will actually increase slightly over their pre -mining levels I. The State Engineer Has Found No Injury in Issuance of the Well Permit and Approving a Substitute Water Supply Plan for the Derr Pit. As you are well aware, exposing groundwater in connection with the extraction of sand and gravel requires a well permit from the Colorado State Engineers Office ("SEO") C R S § 37-90- 137(11)(a)(1) The SEO issues a permit "only if it finds, as substantiated by hydrological and geological facts, that there is unappropriated water available for withdrawal and the vested water rights of others will not be materially injured " C R S § 37-90-137(2)(b)(I)(A) The SEO also requires enhanced procedures prior to issuing permits for new wells that will be located within 600 feet of existing groundwater wells C R S § 37-90-137(2)(b)(I)(B) In this instance, there are four permitted wells located within 600 feet of the Derr Pit owned by the following parties Mr Robert (Rocky) Francis, Ms Diana Taylor, Kerr-McGee Oil and Gas, and Monago Operating, Inc Each received notice of Applicant's well permit application with the SEO See Exhibit 2 attached hereto Mr Francis submitted an objection letter to the SEO m response to the notice, a copy of which is attached hereto as Exhibits 3 Mr Francis ultimately stipulated with Applicants in the SEO well permit application because he conceded he "does not have sufficient information to determine if the Francis Well will be injured by the issuance of the Derr Permit " See Stipulation attached hereto as Exhibit 4 Ms Taylor also provided a written objection to the SEO on the matter of the well permit See Exhibit 5, attached hereto She withdrew her objection See Exhibit 6 attached hereto Ultimately, Ms Taylor entered into an agreement with Applicant regarding this USR amendment, including issues related to her groundwater well See Exhibit 7 I In addition to the "no injury" and 600 -ft well spacing standards, Colorado statute provides that sand and gravel pits may receive a well permit from the SEO only "upon approval by the water court of a plan for augmentation or upon approval by the state engineer of a plan of substitute supply " C R S § 37-90-137(11)(a)(I) A substitute water supply plan, or SWSP, is approved on an annual basis, and "may authorize uses of water incidental to open mining for sand and gravel, including processing and washing mined materials, dust suppression, mined land reclamation including temporary irrigation for revegetation, liner or slurry wall construction, production of concrete and other aggregate -based construction materials, dewatering, and mitigation of impacts from mining and dewatenng " Id Please see the attached letter approving Applicant's SWSP request for the period ending July 31, 2020, attached hereto as Exhibit 8 ("SWSP Approval") Please allow me to direct your attention to a few key items in the SWSP Approval Applicant has sent similar agreements to numerous well owners in in the vicinity of the Derr Pit, which will be discussed later in this letter 2MJUSR19-08-1660 Page 3 of 8 1. Dewatering water incidental in the mining operation at Derr Pit is replaced through recharge sites which are either located on the Derr Pit property or on property located to the south, which is also owned by Applicant. The purpose of delivering the dewatering water to recharge sites near the pit is to mimic, as closely as possible, the natural groundwater flow. The SWSP Approval on page 3 finds that: Because the recharge sites are located within the Derr Pit and are closer to the river than the mined area, the timing of dewatering depletions will approximately match the timing of dewatering accretions, with accretions returning to the stream slightly ahead of depletions. As long as the mine site is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to dewatering operations. 2. There are other losses that are part of any wet mining operation, namely evaporation, water content in the mined material, and dust suppression. These losses are all addressed in the SWSP Approval, which finds that Applicant's lease with the Central Colorado Water Conservancy District is sufficient to prevent injury to other water rights. The SWSP properly notes the legal requirement for Applicants to demonstrate that long term stream depletions will be replaced. Operators accomplish this through a number of different mechanisms, usually including bonding which is held by DRMS until an augmentation plan is decreed by the water court. 3. Finally, the SWSP Approval is revocable or subject to additional restrictions "if at any time the State Engineer determines that injury to other vested water rights has occurred or will occur as a result of the operation of this SWSP." SWSP approval at p. 6. This last point is worthy of further discussion and is one of the key points I hope to stress in this letter — the issue of injury to water rights was addressed by the expert agency on these types of questions, which are by their very nature factually intensive inquiries. There is an ongoing obligation by Applicant to refrain from injuring other water rights and if injury is asserted, the SEO has the authority to amend the terms of the SWSP, or even revoke it, if the injury is not mitigated. The SEO procedures for obtaining a well permit and SWSP are extensive, and those procedures performed as intended in this matter. These procedures offer a backstop for addressing future claims of injury. Those procedures were followed in this case— notice was given to well owners within the statutorily defined 600 feet. A hearing was set on the issuance of the permit. That hearing was vacated because the objectors lacked evidence to demonstrate injury to their wells. The SEO has the expertise and the data to evaluate questions of injury in an objective, data - driven approach. The SEO has acted on this matter and found no injury. II. Additional Activities by Application to Address Water Matters I use the phrase "backstop" intentionally in the previous paragraph. The Applicant is not merely relying on its well permit and SWSP Approval. It has heard the concerns of the neighboring 2MJUSR 19-08-1660 Page 4 of 8 property owners and the concerns expressed by the County Commissioners. It has undertaken substantial efforts to mitigate the water concerns in the area in a proactive manner. Here is a summary of those efforts: 1. Groundwater study. The continuance of the hearing in September 2019 was requested by Applicant to commission a groundwater model ("Derr Pit Groundwater Study"). A copy of the Derr Pit Groundwater Study is attached hereto as Exhibit 9. At the outset, it is worth noting that this study is an extensive modeling effort of the scale we would expect to see in the water court context. The modeling software (MODFLOW), model domain, grid cell size, data inputs (conductivity, transmissivity, etc.), and approach (calibration, etc.) are all consistent with professional standards. The Derr Pit Groundwater Study is the most reliable and accurate predictor we have of how groundwater in the vicinity of Derr Pit will behave during dewatering and after installation of the slurry wall liner. It uses available data from over 133 groundwater wells in the vicinity of the Pit, and the calibration of the model shows that it can very accurately match observed conditions. The primary finding of the model is that once the slurry walls at the Derr Pit and the Amended Area are constructed, in conjunction with the previously completed Loloff Pit slurry wall, groundwater levels will rise approximately 3 feet on the up -gradient side of the pit (generally to the North of the Pits) and drop a maximum of 2.5 feet on the down - gradient side of the Pits (generally to the South of the Pits) as compared to the pre -mining conditions. See Table 3 of the Derr Pit Groundwater Study. The Derr Pit Groundwater Study demonstrates that there is a general pattern of lowering the groundwater table during dewatering, from just over a half a foot to 9.7 feet. See again Table 3. It is important to note that reductions in the water table of less than 10 feet will generally not reduce the yield of these wells. Yield reductions can often be mitigated by replacing and resetting the pump, which Applicant has completed for some of the neighbors and offered to others (more on this below). The Study also shows that installation of the slurry wall liners at both the Derr Pit and around the Amended area will cause the groundwater levels to generally recover quickly. Applicant's experience in the area with the Loloff Pit shows that following installation of the slurry wall liner around that pit, groundwater levels in the area recovered to within a few +/- feet of their pre -mining level. Again, the Study is the best data and predictor we have in the vicinity. Its conclusions clearly establish that installation of the slurry wall liner around the Derr Pit and eventually the Amended Area will largely cause the aquifer to recover to pre -mining conditions and prevent injury to neighboring wells. 2. Ongoing Outreach. Applicant heard your concerns at the Commission Hearing last fall and has diligently sought opportunities to work with the neighboring property owners. Attached hereto find letters which were sent via certified mail to Mr. David Bliss; Mr. 2MJUSRI9-08-1660 Page 5 of 8 Rocky Francis; Mr. Jerry Winters and Ms. Dixie Ann Hofner; Mr. James Koehler; Mr. Brian Murata; Ms. Sylvia Parker; and certified receipts for such letters. See Exhibits 10a-lOg attached hereto. These letters are in addition to prior communications and written correspondence with the neighboring property owners. Through these efforts, Applicant has secured signed agreements with Ms. Taylor (see Exhibit 7) and Ms. Parker. See Exhibit 11 attached hereto. Subsequent letters were sent out to those landowners who have not signed an agreement with a draft agreement similar to those entered into with Ms. Taylor and Ms. Parker. There are common threads in both the executed agreements and the proposed agreements which have not yet been signed. Applicant is agreeing to continue to perform monthly monitoring of the landowners subjects wells, and if the data shows that the water level drops to a level where the well is no longer performing at its historical level, then Applicant will conduct all repairs at its expense to allow it to resume continued production, as well as pay the neighbor's water bill (from either Greeley or North Weld) while the well is out of service. For instance, please see the attached letter and proposed agreement sent to Mr. Winters and Ms. Hoffner on March 6, 2020 (Exhibits 12a and 12b). Included with this letter in particular are the results of two well meter certification tests done in 2015 and 2019, which show that for the two irrigation wells located on the Winters-Hoffner property these wells had slightly greater flows in 2019 (following installation of the slurry liner at Loloff Pit) than they did in 2015. See Exhibits 12c -12f for results of the well meter certification tesst. Again, the Applicant offered to continue to monitor the water levels in these wells and investigate any reduction by 50 g.p.m., and if the reduction in pumping was determined to be related to dewatering, then Applicant is agreeing to repair the issue and obtain CBT water for Mr. Winters and Ms. Hoffner. The terms in the preceding paragraph are a baseine of those being offered by Applicant. For instance, for the Koehler Irrigation Well, Applicant has received a quote from Quality Well and Pump to make upgrades and repairs to said well and to conduct a pump test on the same. Following repairs, if monthly monitoring data shows that that the metered flow in the Koehler irrigation well drops by 50 g.p.m., then Applicant has offered to retain Quality Well to make repairs as well as provide replacement water (CBT) for use by Koehler. See March 16, 2020 letter to Mr. Koehler and proposed agreement of the same date, attached hereto as Exhibits 13a and 13b. See also Exhibit 13c, which is a quote from Quality Well to perform certain repairs of Mr. Koehler's irrigation well and pump. Mr. Koehler has not responded.2 2 Koehler arranged for Quality Well and Pump to pump test the well and Dennis McGrane, of McGrane Water Engineering, LLC, provided assistance on April 27th to determine the existing pump capacity and recommend improvements. The recommendation for pump replacement and other ancillary equipment were provided to Quality Well and Pump to update their quote on April 29th. They are working on it but it has not been provided yet. Applicant informed Mr. Bickling of the current status on Monday May 4th and indicated it would update the agreement to reflect this once we have the information. 2MJUSR 19-08-1660 Page 6 of 8 With respect to Mr. Francis, Applicant has offered to redrill, at its sole cost, two domestic wells and rehabilitate Mr. Francis' irrigation well. See Exhibits 14a and 14b attached hereto. I note that the offer to redrill the two municipal wells was made even though Mr. Francis apparently no longer uses these wells and has since connected the properties to taps from North Weld and Greeley. Mr. Francis has not responded to Applicant's offer. Applicant notes that a similar offer has been made in the past to Mr. Francis in response to complaints made by Mr. Francis to the DRMS in 2018. At that time, Applicant hired John's well service to repair and redrill several of Mr. Francis' wells. Mr. Francis refused access to his property to complete the investigation and the repairs. See Exhibits 14c and 14d which confirm Mr. Francis' "lack of cooperation" as stated by DRMS. Even in the absence of signed agreements, Applicant has demonstrated a willingness to work with the neighboring property owners to address their concerns. In the case of Mr. Murata, Applicant hired Quality Well to set the pump in his well lower to allow for better capacity. This occurred on January 10, 2020. See the attached Exhibit 15a and 15b. Ms. Taylor's domestic pump was replaced and similarly lowered to 40 feet at Applicant's expense. See Exhibit 15c. Through these efforts, Applicant has (1) developed reliable data about groundwater in the vicinity of the Den Pitt and (2) made genuine attempts to work with the neighbors on their well issues. Those efforts should serve as a basis for approving the USR amendment application. While the County obviously cannot dictate that its residents enter into any agreement, it certainly has the authority to approve the USR amendment application and include as a term of the permit approval similar terms and conditions as those presented in the agreements to neighbors. Through the terms and conditions, Applicant is expressing its intent and desire to work with the neighbors on their water concerns and they have proposed a method for addressing those concerns as they arise. The bedrock of the approach is built on continuing to gather data from the wells as to the water level. If there is an observed drop in the water level that prevents pumping at historical rates, then Applicant is offering to: (1) Investigate the issue and determine the cause (it can be due to a cause unrelated to the mining operation such as a pump failure or well collapse); and (2) If the issue is attributed to dewatering or other activities at the Derr Pit, then Applicant will repair the issue at its sole cost and expense, and cover the expense of either plumbing the municipal tap to be used for all domestic purposes (as well as paying the municipal water fee), or in the case of irrigation wells securing rental CBT water to be used during the time the well is out of service. I am certain these efforts will be diligently undertaken by Applicant in good faith. They have no intent of harming neighboring property water rights. They are committed to being good neighbors and willing to resolve issues related to water rights if and when they arise. It will take some trust and relationship building that I am confident will develop as the Applicant continues to make good on its offers to timely address any water matters. With these protections in place, I 2MJUSR19-08-1660 Page 7 of 8 see no reason to deny the USR permit application on matters related to potential injury to neighboring water rights. And it is important to remember that even absent these personal offers to the neighboring property owners, the SEO and DRMS stand as the backstop to assist in settling any water related dispute. It is Applicant's intent and sincere hope that it never reaches that point, but it worth noting that these additional protections are in place. III.A Note on the Loloff Pit A review of the public comments submitted in this matter to date reveals a mistaken impression by some that the Amended Area and Derr Pit are under the same mining permit as Loloff Pit. That is not the case. Loloff Pit is subject to a separate mining permit (No. M-1985-112) and was recently (2017) outfitted with a slurry wall liner. The Loloff Pit is not the subject of this USR amendment application, though the experiences with that Pit are helpful to demonstrate that installation of the slurry wall liner around that Pit has had beneficial impacts to the surrounding aquifer. Mr. Bickling filed a complaint with DRMS last fall on matters related to the Koehler wells. After conducting an investigation, the DRMS determined that the "Koehler owned groundwater wells have returned to the historic groundwater elevation following the completion of the Loloff Mine slurry wall in 2017." See Exhibit 16 attached hereto. In dismissing the complaint, the DRMS again recognizes the "mitigation measures related to potential impacts from the dewatering of the Derr Pit." While it is Applicant's sincere hope that these types of concerns will be addressed directly in the future, this process shows that there are ongoing data -driven enforcement mechanisms to protect neighboring water rights. IV. Conclusion Thank you for the opportunity to provide these comments in support of Applicant's USR amendment application. Applicant has heard the concerns of the Commissioners and the neighbors around Derr Pit and the Amended Area. Some of the words I heard from the Commissioners at the hearing last September included "mitigation" "data" "proactive" and "communication." The steps taken by Applicant have demonstrated a commitment to these principles. Applicant has undertaken an extensive groundwater modeling effort that confirms that aquifer levels will rebound with the installation of the slurry wall around the Derr Pit, just as the same occurred with the installation of the slurry liner around the Loloff Pit. Applicant has diligently sought agreements with the neighbors to address concerns related to groundwater matters. The terms of those agreements are protective of the neighboring water rights. And while our sincere hope is that the neighboring property owners will seek to resolve any issues directly with the Applicant (contact information for Mr. Hodge, including his personal cell phone are included in all the draft agreements), the DRMS and SEO have continuing jurisdiction to resolve any water related matters. I again request that Applicant's USR amendment application be approved. 2MJUSR 19-08-1660 Page 8 of 8 Sincerely, LAWRENCE JONES CUSTER GRASMICK, LLP Por*- Donovn DN: cn=Ryan M. Donovan, o=Lawrence Jones Custer Grasmick LLP, au. email=Ryan@ljeglaw.torn, c=US Date: 2020.05.0513:58:50 -08'00' Ryan M. Donovan cc: JC York, J&T Consulting, Inc. Kelly Hodge, Mill Iron Mining %c 1 COLORADO Division of Reclamation, Mining and Safety ep?�trnent of Nati_uaf Rt:saurces 1313 Sherman Street. Roam 215 Denver. Colorado 80203 June 27, 2018 Kelly Hodge Broken Arrow Investments LLC 801 8th St., Ste. 130 Greeley, CO 80631-3903 Re: Derr Pit, Permit M2008-017, Amendment Approval, Revision No. AMO1 Mr. Hodge: On June 27, 2018 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the Division on February 21, 2018, addressing the following: Add 105.8 acres to existing permit and the revise mining and reclamation plans The terms of the AMO1 approved by the Division are hereby incorporated into Permit M2008-017. All other conditions and requirements of Permit. M2008-017 remain in full force and effect. If the revised liability amount exceeds the performance bond currently held (see below), please submit additional bond. The revision will not be final until the bond is approved by the Division. Current Bond Held: Total Bond Required: Additional Bond Required: $86,233.00 $215,400.00 $129,167.00 Please note that the bond required at this time includes only dry mining (no groundwater exposure) in the currently affected area, and in Phase 5a of the amended area as shown in the approved AMOI mining plan. It will be your responsibility to notify the Division prior to exposing groundwater or disturbing additional surface areas so the reclamation bond may be adjusted appropriately. If you have any questions, please contact me. Sincerely, Eric C. Scott Environmental Protection Specialist Enclosure: Performance Warranty Form c*cQ' 1313 Sherman Street, Room 215, Denver, CO 80203 F 303.866.3567 F 303.832.8106 http://mining.state.co.us John W. hlickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director trz- Form No. GWS-27 5/2012 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 Sherman St, Ste 821, Denver, Colorado 80203 Phone: (303) 866-3581 DWR Web: www.waterstate.co.us Email: dwrr�ermltsonlinastate.co.us For Office Use only o 0 m u., o .-.00 no.. m _erct s-:., a ; e o 0 6 2018 REBOURCFi8 ENGINEER LO REVIEW INSTRUCTIONS PRIOR TO COMPLETING FORM GRAVEL PIT WELL PERMIT APPLICATION 1. TYPE OF PERMIT El NEW PIT(S) ❑ PIT(S) EXIST, CONSTRUCTED AFTER DEC. 31, 1980 RECEIVED 2. APPLICANT INFORMATION NAMES) Broken Arrow investments, LLC JUN Mailing Address 801 8th Street, Suite 130 MI'ER City, St. Zip Greeley, CO 80631 STATE Phone (w/ area code) (303) 566-5090 Email: kahodge1@comcast.net 3. CONSULTANT/ATTORNEY/OPERATOR CONTACT (If different than #2) PIT NAME Derr Pit NAME(S) J&T Consulting, Inc. Mailing Address 305 Denver Avenue, Suite D DRMS NO. M-2008-017 City, St. Zip Fort Lupton, CO 80621 Phone (wl area code)(303) 857-6222 Email:jcyork@j-tconsulting.com 4. GENERAL LOCATION OF PIT(S): COUNTY weld SW 1/4 NE 1/4, Sec. 4 Twp. 5 Z N. T S., Range 65 1, E. I^1 W. 6th P.M. 5. Estimated maximum water surface to be exposed: 31.85 Acres. Number of Pits 1 6. Estimated depth of pit(s) 80 Ft. Estimated depth to groundwater 8 to 10 Ft. 7. Estimated date to expose groundwater 08/01/2018 ; date to complete mining 12/31/2028 8. ATTACHMENTS: (Check which have been attached.) (a) (b) (c) (d) (e) Ill ❑ ❑ O ❑ Scaled map of pit area with range, township, & section clearly identified (REQUIRED). Copy of the reclamation permit, if applicable. Copy of pre 1/15/89 water conservancy dist. or water user assoc. augmentation agreement, if applicable. Copy of proposed substitute water plan or augmentation plan application, if applicable. Copy of court approved augmentation plan, if applicable. Case No. (f) ❑ Other 9. Detailed description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond. Additional uses include dust control, water lost in material sales. 10. Will dewaterinrloccur within the DRMS permit boundary F Yes P No 11. I (we) have read the statements made herein and know the contents thereof, and that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) Sign or er name(s) of submitter ,e -r/4 If signing print name & title Paul Weiss, P.E. (Williams and Weiss) Date (mm/dd/yyyy) 05/31/2018 For Office Use only (02313k-,s.,r,ty _ Court Case No. Div. Co. WD ) Basin MD Use _ RECEIVED JUN 06 2018 Williams and Weiss Consulting, LLC 5255 Ronald Reagan 5oulevard, cjte. 220 Johnstown, CO 8053+ May 31, 2018 Sarah Brucker State Engineer's Office 1313 Sherman Street, Room 818 Denver, CO 80203 WATER RESOURCES STATE ENGINEER COLO RE: 2018 Well Permit Application for Derr Gravel Pit DRMS Permit No. M-2008-017 (WDID 0303035) Dear Ms. Brucker, Williams and Weiss Consulting, LLC (WWC) is submitting this well permit application on behalf of Broken Arrow Investments LLC (Broken Arrow) for the Den- Pit sand and gravel mining operations. Broken Arrow is concurrently applying for a substitute water supply plan as part of this submittal. Enclosed is a check in the amount of $100.00 made payable to the Division of Water Resources for the well permit fee. WWC performed a site visit on April 9, 2018 and identified two wells used for domestic purposes within 600 feet of the gravel pit operation. These wells and properties are owned by Robert Francis (previously owned by Karl & Renate Kohloff) (permit no. 223887) and James & Diana Taylor (permit no. 223885-A). In addition, there are monitoring wells and wells owned by Derr/Broken Arrow located within 600 feet of operations. The required 600 foot spacing waivers were not acquired from Francis or the Taylors. It is our understanding that the State Engineer's staff will send notice of the well permit application to these well owners, and depending upon whether the State receives responses, there may be a hearing process. The mailing addresses are as follows: Robert Francis 351 East 8'1' Street Greeley, CO 80631-9559 Diana Taylor 665 Balsam Avenue Greeley, CO 80631-9714 If you have any questions or need additional information, please do not hesitate to call. Sincerely, Paul Weiss, P.E. Principal Williams and Weiss Consulting WWC Water Resource Engineering OFFICE OF THE STATE ENGINEER, STATE OF COLORADO NOTICE OF A GRAVEL PIT WELL PERMIT APPLICATION IN THE MATTER OF AN APPLICATION FOR A GRAVEL PIT WELL PERMIT LOCATED LESS THAN 600 FEET FROM EXISTING WELLS APPLICANT: BROKEN ARROW INVESTMENTS LLC APPLICATION RECEIPT NO. 3686683 To: 1) ROBERT D. FRANCIS 2) DIANA TAYLOR 3) KERR-MCGEE OIL AND GAS ONSHORE LP 4) MONAGO OPERATING INC On June 6, 2018, Broken Arrow Investments LLC submitted an application (receipt no. 3686683) for a new well permit for an existing gravel pit known as the Derr Pit, DRMS Permit No. M-2008-0017. The subject welt (gravel pit pond) is located in the NE 1/a of Section 4, Township 5 North, Range 65 West of the 6th P.M. in Weld County, Colorado. Information available to this office has shown that this well (gravel pit pond) may be located less than 600 feet from existing welts. Pursuant to S 37-90-137(2), C.R.S., the requested permit cannot be issued by the State Engineer unless the State Engineer finds, after a hearing, that circumstances in this particular instance so warrant. That statute also provides that if the State Engineer notifies the owners of all wells within 600 feet of the well (gravel pit pond) by certified mail and receives no response within the time set forth in the notice, no hearing shall be required. The parties listed above have been identified as the owners of an existing well or wells located within 600 feet of the subject well (gravel pit pond). Notice of the application for the subject welt (gravel pit pond) is hereby provided pursuant to Section 37-90-137(2)(b), C.R.S., and a copy of the permit application is attached as Exhibit A. Anyone objecting to the issuance of a new permit for the subject well (gravel pit pond) must submit a written response to this notice not later than 5:00 p.m. on August 23`d, 2018. Such response should contain a brief and plain statement of the reasons why the State Engineer should not grant a new permit for the subject well (gravel pit pond). if responding, please direct correspondence to Sarah Brucker and reference the above receipt number. A copy of the response should be provided to the applicant (Broken Arrow Investments LLC). The Division of Water Resources is sending this notice because it is required by state statute. The Division of Water Resources is not sending this notice due to a perceived potential for injury or effect on your well(s) that would result from the issuance of the proposed well permit. If you object to the issuance of a permit in this application, you must formally participate in a hearing before the Hearing Officer for the State Engineer. In such a hearing, the Hearing Officer makes his decision based only on the evidence formally presented to him before and during the proceeding. Therefore, to participate in the hearing, you must formally file documents, exhibits and you must testify before the Hearing Officer. Objections from anyone who does not own an existing well located within 600 feet of the subject well (gravel pit pond) will not be considered. If you do not wish to participate in any hearing that might result in this matter, or have previously signed a 600 -foot well spacing waiver statement, no response is necessary. Dated this rd day of August, 2018. .././,',,,,-r.ie€,),,c Kevin Rein, P.E. Director/State Engineer By: rah Brucker, . . ater Resources Engineer Cc: Applicant Attachment: Exhibit A I hereby certify that I have duly served the within NOTICE OF A GRAVEL PIT WELL PERMIT APPLICATION upon all parties herein by depositing copies of the same in the United States mail, postage prepaid, at Denver, Colorado, or by electronic mail, this 2nd day of August, 2018, addressed as follows: BROKEN ARROW INVESTMENTS LLC 801 8`h STREET, SUITE 130 GREELEY CO 80631 Kahodge1@comcast.net jcvork@i-tconsulting.com pswwater@msn.com ROBERT D. FRANCIS PO BOX 843 GREELEY CO 80632-0843 CERTIFIED MAIL: 7017 1670 0010 8164 4106 (Well permit no. 223887) DIANA TAYLOR 665 BALSAM AVE GREELEY CO 80631-9714 CERTIFIED MAIL: 7000 1670 0010 8164 7831 (Well permit no. 223885-A) KERR-MCGEE OIL AND GAS ONSHORE LP ATTN: ASHLEY COCCIOLONE PO BOX 173779 DENVER CO 80217-3779 CERTIFIED MAIL: 7000 1670 0010 8164 7824 (API 05-123-12972, 05-123-30775, 05-123- 30773, 05-123-13551) MONAGO OPERATING INC ATTN: BILL MONAHAN 12 DOS RIOS GREELEY CO 80634-9501 CERTIFIED MAIL: 7017 1450 0002 0814 3766 (API 05-123-13205) /.(4,:„„, SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. w Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: • s1r'p. DLO • Ea%e esei ts w _001-3 II Foll191411131j!11211.114111991A16111 COMPLETE THIS SECTION ON DELIVERY A. Sig O Addressee by (Printed Name) Friel ea C. Date of Delivery D. Is delivery ? 0 Yes If YES, enter delivery address below: CI No AUG 092018 WAThrt rctauuRCES STATE ENGINEER COLn 2. Article Number (Transfer from service labeg �ClCKJ I(a1:0 Cate ®tWD't LltC9(D PS Form 3811, July 2015 PSN 7530-02-000.9053 SENDER: COMPLETE TH,'S SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: 1:;;Z: Givelet C.13 ea:et-7S I I 11111 liii 11111111 liii 11111111111 I I 111111 AUG 0 X12018 2. Article Number (transfer from service labs° WO2) I(r>O t20t0 811oN -4831 PS Form 3811. July 2015 PSN 7530-02-000-9053 3. Service Type O Prkxity Mai Express! a Adult signet 0-e O Registered Mains CI Adult SdS Restricted Delivery O Hepis aed Mel RestrictedilS.CeitillWM i O Certified )Ad RestrictedDeMary O Return Receipt for O colect on Delivery Merchandise,,, a Collect on Delivery Restricted Delivery a � O Insured MMai Restricted Delivery O(�S ReebktedDelwry Domestic Rehm Receipt COMPLETE THIS SECTION ON DELIVERY WATER RESOURCES 3. Service Type O Priority Mai Worse* O Adult Signature O Registered Mall O Adult Signature Restricted Delivery o Rapfetered Mai Restricted Man O 0Certliied Mall Restricted Delvery O Return Receipt for O Collect Merchandise aon Collect on � Restricted Delivery O Signature Confirmation"' O Signature Confirmation In • sired Mai O � RRestricted WallyveWallyid Delivery(over 1500) Domestic Return Receipt SENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can rattrn the card to you. • Attach this card tot the back of the mailplece, or on the front if space permits. 1. Article Addressed to: K -McL3a . 016 escat3 Or f*Cre. otaietk Gocicidane, ft) 'Btu 'renter. t'L Saw* - 3159 1111111111111111111111111111nuixiiu iiui COMPLETE THIS SECTION ON DELIVERY A. Signature J0DI BROOKS X O Agent D Addressee B. Received by (We Al4)RECD D. Is delivery address different frtfiom Item 1? O Yes If YES, enter delivery address below: p No C. Date of Delivery AUG 0 9 2018 WATER t.(S.uttCES STATE EhirINEER COLO. 2. Article Number (Transfer from se vice label) ltXT1 UO7G3 Ot3t0 Sito4 v824 PS Form 3811, July 2015 PSN 753002-000.8053 3. Service Type O ci Adult Signature ci O Adult Signature Restricted Delivery O rCerMapS Certtlled Map Reshicted Delivery Ci O Collect on Delivery Collect on Delivery Restricted Oelve y O hawed Mel a O Insured t Mges Restricted Delivery SENDER: COMPLE7E THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 414721°P°•cA''It-Tnm. Z:15;c7:806134-ciecM Il1lllnlllllll11IIIIINI II I 2. Article Number (Transfer from service labeq -gel= UDWO 'MO E W-( , g9LV- PS Form 3811, July 2015 PSN 7530-02-000-9053 Priority Mel emcees. Regbtened Ma n, Aegbtered Map Restricted va Signature Confirmationto Signature Confirmation ; Restricted Delivery Domestic Return Receipt COMPLETE TH'S .3'_CTION ON DELIVERY O Agent ,grAddressee ed by (Printed Name) C. Mite Delivery Diu ��•�/ 8i0)I tad D. Is dYEllrgr�ve��w1? O No AUG 14 2016 WAITER RESOURCES STATE ENGINEER 3. Service Type 1..0,11. O AdultSigratrxs O Adult Signature Restricted Delivery O Mall) Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery CI Insured Map, Cl insured s Mel Restricted Delivery O Natty Mali BBgxues0 O Registered Mail O Red Map Restricted D Rearm Receipt for Merchandise CI Signaaaecadkmatlar*1' C Signatrre Conhmetlon Restricted Delivery Domestic Return Receipt 21 August 2018 COLORADO DIVISION OF WATER RESOURCES DIVISION 1, WD 3 DEPARTMENT OF NATURAL RESOURCES OFFICE OF THE STATE ENGINEER STATE OF COLORADO 1313 SHERMAN STREET, SUITE 821 DENVER, COLORADO 80203 RECEIVED AUG 232018 WATER RESOURCES STATE ENGINEER COCO, RE: IN THE MATTER OF APPLICATION (No. 3686683, DRMS PERMIT No. M-2008-0017) APPLICANT: BROKEN ARROW INVESTMENTS LLC. Attention: Sarah Brucker Madam Brucker: bc Scanned y In Reference to the above Application for more of what I have experienced, NOW Twenty years gone on, past, I say NOT only deny but justifiably, NO WAY I WOULD VOTE TO HAVE THESE PEOPLE CONTINUE THEIR ACTIVITIES AS PROFESSED, PROFESSIONAL MINERS OF MINERALS OF ANY KIND. These people, "BROKEN ARROW INVESTMENTS", Go by many other names, i.e. GLOBAL INVESTMENTS", and who knows what they name they have used in the past. This OUTFIT HAS NOT SATISIFIED THE OPERATIONAL REQUIREMENTS, of the last mining operation known as the "MILL IRON MINING PIT, AKA LOLOFF PIT DRMS FILE NO. M1985 WELD COUNTY USR AM USR-690 which is located to the West of the New Application Permit. Madam Brucker, My properties at 351 East 8th Street and 701 Balsam Avenue Property are within 600 feet of my property boundries of the New Applicant. Both properties combined have FIVE (5) FAILED WELLS which are registered by the State Engineers Office and have Augmentation Plans in place. ALL of these well structures have not been properly addressed by the current operations manager or owner(s). Subsequently, this problem has been ignored, and falls upon DEAF EARS (I) by Officials to cure and make whole this matter. I have Adjudicated Water Wells that are Useless and this problem is a STATE OF COLORADO Sponsored Problem as well. I would Welcome a new Venue in order to remedy this situation, before moving on to Another Debacle. Madam, again I am of dissenting opinion in the matter of approval regarding the above referenced Applicants. In my assessment, based on past observed operations at Mill Iron Pit, they are in capable of operating in a professional capacity, so sorry, but my vote is NO, along with the votes and opinions of my neighbors, (one being a retired pit operator himself), NAY is the popular vote among us all. Respectfully, Robert D. "Rocky" Francis Cc: Angel and Carmen Juanicorena 735 Balsam Avenue Greeley, CO 80631 Cc: Diana K. Taylor 665 Balsam Avenue Greeley, CO 80631 Cc: Sylvia Parker Joe Parker 211 N. Balsam Avenue Greeley, CO 80631 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN STREET SUITE 821 DENVER, COLORADO 80203 Before the State Engineer, Colorado 1313 Sherman St., Rm. 821, Denver, CO 80203 HEARING OFFICER OF STATE ENGINEER USE ONLY Case Number: 18SE07 Make all filings via pdf at: jodvgrantham@state.co.us IN THE MATTER OF AN APPLICATION TO CONSTRUCT A GRAVEL PIT WELL, RECEIPT NO. 3688683: Applicant: Broken Arrow Investments, LLC IN WELD COUNTY Attorneys, for Applicant: Dean C, Hirt, III, No. 45570 Fairfield and Woods, P.C. Denver, CO 80264 Phone Number: (303) 894-4461 dhirt@fwlaw.com STIPULATION BETWEEN APPLICANT, BROKEN ARROW INVESTMENTS, LLC AND OBJECTOR ROCKY FRANCIS Applicant, Broken Arrow Investments, LLC, ("Applicant"), by and through its attorneys and Objector Robert Francis ("Objector") hereby stipulate and agree as follows: 1. Objector is the owner of real property located in the SW '/ of Section 4, Township 5 North, Range 65 West of the 6th P.M., property address 701 Balsam Avenue, Greeley Colorado. ("Francis Property"). On the Francis Property is a well he owns, Well Permit 135883, ("Francis Well") that is within 600 feet of Applicant's proposed well permit location in Permit Application No. 3686683 for Permit No. M-2008-017. WDID 03035 ("Derr Permit"). 2. Objector does not have sufficient information to determine if the Francis Well will be injured by the issuance of the Derr Permit. In view of the findings the State Engineer must make concerning injury in Section 37-90-137(2)(b)(I)(a) prior to well permit issuance, Objector is willing and hereby does waives any objection it has to the issuance of the Derr Permit, Permit No. M2008-017, and does waives any right to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Stipulation between Broken Arrow Investments, LLC and Rocky Francis 18SE07 3. Neither party waives any right it may otherwise have in any other context. The sole subject of this stipulation being issuance of Permit No. M-2008-017 pursuant to Section 37- 90-137(2), C.R.S., and any hearing concerning the same. 4. The parties shall bear their own costs and fees in this matter. 5. Applicant and Objector hereby move the Hearing Officer to enter an order approving this Stipulation, and Applicant agrees to file such a motion. Dated this 3O day of November, 2018. By: By: FAIRFIELD AND WOODS, P.C. C Dean C. Hirt, III, No. 45570 ATTORNEY FOR APPLICANT Robertrancis 3Q Nil !S' 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on November 30, 2018, a true and correct copy of the foregoing STIPULATION BETWEEN APPLICANT, BROKEN ARROW INVESTMENTS, LLC AND OBJECTOR ROCKY FRANCIS was delivered to the following parties: Via US Mail: Diana Taylor 665 Balsam Avenue Greeley, CO 80631-9714 Via Email: Jeff Deatherage and Sarah Brucker Staff, State Engineer's Office jeff.deatherage@state.co.us Sarah. bruckeraistate.co.us Broken Arrow Investments, LLC 801 8th St. Suite 130 Greeley, CO 80631 kahodgel@comcast.net J & T consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton, CO 80621 jcyork@j-tconsulting.com Robert D. Francis P.O. Box 843 Greeley, CO 80632-0843 Rockyfrancis35@gmail.com s/ Dean Hirt Dean Hirt Pursuant to C. R. C. P. 121, § 1-26(9), a copy of this document with original signatures shall be maintained by the filing party and made available for inspection by other parties or the court upon request. t_x Before the State Engineer, Colorado 1313 Sherman St., Rm. 821, Denver, CO 80203 HEARING OFFICER OF STATE ENGINEER USE ONLY Case Number: 18SE07 Make all filings via pdf at: jodygrantham@state.co.us IN THE MATTER OF AN APPLICATION TO CONSTRUCT A GRAVEL PIT WELL, RECEIPT NO. 3688683: Applicant: Broken Arrow Investments, LLC IN WELD COUNTY Attorneys for Applicant: Dean C, Hirt, III, No. 45570 Fairfield and Woods, P.C. Denver, CO 80264 Phone Number: (303) 894-4461 dhirt@fwlaw.com i rt@fwlaw. com STIPULATION BETWEEN APPLICANT, BROKEN ARROW INVESTMENTS, LLC AND OBJECTOR ROCKY FRANCIS Applicant, Broken Arrow Investments, LLC, ("Applicant"), by and through its attorneys and Objector Robert Francis ("Objector") hereby stipulate and agree as follows: 1. Objector is the owner of real property located in the SW 1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., property address 701 Balsam Avenue, Greeley Colorado. ("Francis Property"). On the Francis Property is a well he owns, Well Permit 135883, ("Francis Well") that is within 600 feet of Applicant's proposed well permit location in Permit Application No. 3686683 for Permit No. M-2008-017. WDID 03035 ("Derr Permit"). 2. Objector does not have sufficient information to determine if the Francis Well will be injured by the issuance of the Derr Permit. In view of the findings the State Engineer must make concerning injury in Section 37-90-137(2)(b)(I)(a) prior to well permit issuance, Objector is willing and hereby does waives any objection it has to the issuance of the Den Permit, Permit No. M2008-017, and does waives any right to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Stipulation between Broken Arrow Investments, LLC and Rocky Francis 18SE07 3. Neither party waives any right it may otherwise have in any other context. The sole subject of this stipulation being issuance of Permit No. M-2008-017 pursuant to Section 37- 90-137(2), C.R.S., and any hearing concerning the same. 4. The parties shall bear their own costs and fees in this matter. 5. Applicant and Objector hereby move the Hearing Officer to enter an order approving this Stipulation, and Applicant agrees to file such a motion. Dated this 3O day of November, 2018. FAIRFIELD AND WOODS, P.C. By: Dean C. Hirt, III, No. 43370 ATTORNEY FOR APPLICANT By: Robert Pcis 33 N0V ! Sr 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on November 30, 2018, a true and correct copy of the foregoing STIPULATION BETWEEN APPLICANT, BROKEN ARROW INVESTMENTS, LLC AND OBJECTOR ROCKY FRANCIS was delivered to the following parties: Via US Mail: Diana Taylor 665 Balsam Avenue Greeley, CO 80631-9714 Via Email: Jeff Deatherage and Sarah Brucker Staff, State Engineer's Office jeff.deatherage@state.co.us sarah.brucker@state.co.us Broken Arrow Investments, LLC 801 8th St. Suite 130 Greeley, CO 80631 kahodgel@comcast.net J & T consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton, CO 80621 jcyork@j-tconsulting.com Robert D. Francis P.O. Box 843 Greeley, CO 80632-0843 Rockyfrancis3 5 @gmail.com s/ Dean Hirt Dean Hirt Pursuant to C.R. C.P. 121, sr 1-26(9), a copy of this document with original signatures shall be maintained by the filing party and made available for inspection by other parties or the court upon request. Lt 5 Scanned Lj0 RECEIVED k)e( I Perry1+ An 1 7 n8 WATER REStUU:tCES CTA.TE EN.₹;wIF c 0O1O COLORADO DIVISION OF WATER RESOURCES DIVISION 1, WD 3 DEPARTMENT OF NATURAL RESOURCES OFFICE OF THE STATE ENGINEER STATE OF COLORADO 1313 Sherman Street., Ste.821 Denver, Colorado 80203 RE: IN THE MATTER OF AN APPLICATION FOR A GRAVEL PIT WELL PERMIT LOCATED LESS THAN 600 FEET FROM EXISTING WELLS APPLICANT: BROKEN ARROW INVESTMENTS LLC APPLICATION RECEIPT NO. 3686683 To Whom It May Concern: This retort is regarding the above referenced topic of which myself and neighbors are against. We have lived next to the operating of the proposed Lake for Greeley's consumption for at least 10 years. We complained frequently about the dust, trucks and noise that truly Inhibit our lives. I myself now have Asthma to which ALL the dust has contributed immensely. Our continued complaints, both in writing, letters and phone calls have had no influence. Even with their half executed attempts to help control the dust, it has been a most debilitating ten years. I imagine you will issue the New Permit for the subject well (gravel pit pond) making this Complaint null and void too. You, I assume, want this pit for the dirt to pave the roads of the ever increasing Oil and Gas Industry, plus the added convenience of having access to the water at your constituents disposal. I considered mayhap of getting in -touch with Channel 7 regarding my entreaty, but being in Weld County they might be less disposed to publicize my Complaint and/or, hiring an informed attorney myself and my neighbors and still our chances are less valued than the "Money Grubbers". Our son, now a presiding Judge w/the District Court of Weld County wrote a letter regarding the Loloff Gravel Pit (which has changed names several times) registering Mr. Jim Taylor's complaint about the loss of our well, Permit #223885. The date of that letter was August 10,20091 Someone came and drilled our well to the depth of 40' which was suppose to be 60'- but even that wouldn't have helped as they are now digging to 80' (eighty!). Yep, believe it or notl Thank you for your time and attention to this matter, I remain, Diana Taylor 665 Balsam Avenue Greeley, CO 80631 (970) 356-2869 or (330) 519-5288 cc: Broken Arrow Investments, LLC Robert D. Francis Kerr-McGee Oil & Gas Onshore, LP Monago Operating, Inc. 1 _ Taylor Construction 665 Balsam Avenue Greeley, Colorado 80631 Creative Concepts In Wood i 7017 1450 0000 9676 0014 6-104,ado ut -z, ai L 3 t ,.gyp AV -da e---./;)1efL) qtr � 6er'epitvilo I-LO7Y7 - 6.2/ ~-� G 277 M n10lill,l,l,i1lraltl„ll4ih„iPll it (,) c** --63 10 gl• GWS-38 600 FOOT WELL SPACING STATEMENT I (we) Diana Taylor state as follows: 1. I (we) own real property described as 665 Balsam Avenue, Greeley the 1/4 of the 1/4, Section , Township , Range P.M., Weld easement to the following well: in County, Colorado. We own the right and Actual Actual Distance from Distance from Permit # 1/4 1/4 Sec. Twp. Rng. N/S Sec. Line E/W Sec. Line 223885 - A NE SW 4 5N 65W 2764 ft. 2730 ft. 2. I (we) have been apprised that Broken Arrow Investments, LLC present owners of a parcel of land in the NE 'I of the 1/i, Section 4 , the Township 5 N . Range 65 W 6th P.M., desire to drill a new well or extend the use of an existing well. I (we) also understand that the purpose of such well is set forth in the well permit application, and that I (we) have reviewed the application that was submitted to the State Engineer and receipted by him under receipt no. 3686683 3. The proposed location for the subject well will be 600 feet or less from my (our) well. 4. By this statement I (we) am (are) specifically waiving any objection to the issuance of a well permit for the subject well, as set forth in the referenced application, and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well will materially affect my (our) well or water right. I (we) am (are) also specifically waiving my (our) right I (we) may have to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2). C.R.S. Dated this day of �9 DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this r. day of M� 2020 by and between Broken Arrow Investments. Ilk ("BAI"), whose address is 801 8t Street, Suite 130, Greeley, Colorado 80631; Loloff Construction. Inc. ("Lolof'), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631: Global Asset Recovery. LTC ("GAR"), whose address is 6530 Constitution Dr., Fort Wayne, Indiana 46804; and Diana Taylor whose address is 665 Balsam Avenue, Greeley, Colorado 80631 ("Taylor") (collectively, the "Parties"). RECITALS . GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue in Weld County, Colorado. BAI operates the 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. GAR, BAI, and Loloff, hereinafter collectively referred to as the "'Companies,"" have common. though not identical, interest in the matters addressed by this Agreement. DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27, 2018 (Revision No. 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, 2MJUSRI9-08-1660. as the final authorization necessary to begin mining the Amendment Area. Taylor owns Parcel No. 096104 301009 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, 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. 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 Derr Pits have negatively impacted a water well on the Property ("Taylor well"), and that additional mining in the Amendment Area will exacerbate such impacts. 8. The Parties disagree as to whether and to what extent existing mining operations have impacted the well, and whether and to what extent mining in the Amendment Area will impact the well. 9. To address Taylor's concerns. BAI has: researched the Taylor well to identify potential impacts from past Loloff and Derr mining operations and hired a groundwater engineer to study the impacts from current and planned mining operations. BAI has shared the results of the research and study with Taylor. BAI also hired Quality Well and Pump to provide a new pump and set the pump at a lower depth of 40 feet in the well to provide better capacity and reliability as the existing pump was set at 23 feet of depth. 10. The Parties wish to resolve all outstanding issues through this Agreement. THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom. the Parties agree as follows: COVENANTS AND CONDITIONS Purpose of Agreement The purpose of this Agreement is to address Taylor's concerns related to BAI's and Loloff s existing and planned mining operations, have Taylor withdraw its opposition to BAI's efforts to amend the USR Permit, 2M,IUSRI9-08-1660, and fully resolve all issues and obligations between Taylor and the Companies related to operations at the Derr and Loloff Pits. This Agreement is further intended to facilitate RAF s efforts to obtain final authorization from Weld County to expand its mining operations into the Amendment Area. I1. Identification of Concerns Taylor identifies the following concerns as the basis for its objection to the Derr Pit expansion: A. Noise Taylor has concerns about noise that will be generated by operations. B. Dust Taylor has concerns about dust that will he generated by operations. C. Traffic 2 Taylor has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles. D. Water Well Taylor has one well on Parcel No. 096104301009 (domestic) that Taylor believes will be impacted by the operations. E. Trees Taylor believes trees on Parcel No. 096104301009 were impacted by the Loloff Pit mining and requested replacement of 15 trees. Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits. 111. Obligations of the Parties To fully and completely address Taylor's concerns regarding BAI's and Lolofis past and planned mining operations: to allow Taylor 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 vyith all applicable noise requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. BA' will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Derr Pit, including the Amendment Area. b. Loloff shall comply with all applicable noise requirements contained in USR Permit No. AM USR-690. State laws, and local ordinances. Loloff will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Loloff Pit. Dust a. BAl shall comply with all applicable dust requirements contained in amended USR Permit No. 2MJUSR19-08-1660. State laws, and local ordinances. BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment. 3 h. Loloff shall comply with all applicable dust requirements contained in USK Permit No. AM USR-690, State laws, and local ordinances. Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which specifically address particulate emissions (dust) from the pit and associated mining equipment. 3. Traffic a. BAI will comply with all applicable traffic requirements contained in amended USK Permit No. 2MJ[ ASR 19-08-1660, State laws, and local ordinances. BAl will ensure that drivers servicing the Derr Pit utilize only designated haul routes. b. Loloff will comply with all applicable traffic requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff will ensure that drivers servicing the Loloff Pit utilize only designated haul routes. 4. Water Well a. BAI shall continue to pay the monthly North Weld County Water District water bill for the Property. b. BAI shall perform monthly monitoring on the Taylor well that Taylor continues to operate after execution of this Agreement, provided Taylor grants access to do so in accordance with Paragraph 1I1.13.3. hereof. Such monitoring shall consist of measuring the static water level in the well. BAI shall send the monitoring results to Taylor each month by certified mail. c. If monthly monitoring shows that the water level in the existing domestic well on the Property gets to a level where pumping is no longer possible, BAl shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to check the pump in the affected well and repair to allow continued production. During the time the well is out of service BAI would continue to pay the North Weld Water District water bill and assist with plumbing changes to make the potable water available for the domestic well irrigation. 5. Trees a. BAI will purchase and install 15 trees that Taylor may pick out at Happy Life Gardens Nursery in Evans, CO and BAI will have them delivered and planted in the Spring of 2020. B. Taylor Within seven days of the execution of this Agreement, Taylor shall provide the Weld County Board of County Commissioners a letter withdrawing her objections to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, to allow mining in the Amendment Area. Taylor's withdrawal letter shall be substantively similar to the draft letter contained in Exhibit B to this Agreement. Taylor shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment Area. Taylor shall not, to a Government Authority or otherwise, protest, condition. delay, prevent, or oppose in any way such efforts by BAL or encourage or facilitate others to do so. As used in this Agreement, "Government Authority" includes the Weld County Board of County Commissioners, and any other federal, state, or local entity with authority to authorize, regulate, police, or oversee BAI's mining operations. For the Term of this Agreement, Taylor shall provide BAI representatives access to the Taylor well during reasonable business hours to perform the monitoring required under Subparagraph IILA.4.b. hereof. 4. For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Taylor shall first contact Loloff or 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 Taylor issues or concerns before involving others. Loloff and BAI designate the following individual as the contact person for purposes of this provision: Kelly A. Hodge r..iilodLIc i t, l'irrCaSt.itCi 970-566-5090 IV. Conditions Precedent A. BAI's and Loloff s obligation to perform the tasks identified in Paragraphs III.A.1. through 3. hereof, to the extent not already required by applicable law, shall commence upon execution of this Agreement. except that obligations relating to the Amendment Area shall be triggered by commencement of mining operations therein. 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 5 throughout its Term so long as "Taylor provides access to the well as specified in Paragraph 111.13.3. 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 Taylor well. 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 Taylor from asserting future claims regarding the Taylor well to the extent such claims are supported by evidence establishing that the claims are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution of this Agreement, and that Taylor has provided continuous access for well monitoring as required in Paragraph 11I.B.3. hereof. VIII. General Provisions A. This Agreement shall he 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. F. This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior negotiations, understandings, conversations, correspondence. and agreements between the Parties. Unless otherwise set forth herein, this Agreement may not be modified or amended, except by a writing signed by all Parties. 6 F. This Agreement binds the Parties, their successors, and assigns. No Party shall assign or transfer its interest in this Agreement without the prior written consent of the others, which shall not be unreasonably withheld. 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 :: LOLOFT CONS"I'RUCI'ION, INC. BY: TITLE: GLOBAL ASSETS RECOVERY, LLC BY: TITLE: Diana Taylor BY: TITLE: 7 P107123 Derr Gravel Pit\Drawings\ExhibitsUTOverall Permits Exhibit dwg, Permits 1/30/2020 2 35 47 PM c1 _ P ^,x1At W y ^,;;;,""7".t,; Ali ' -8-f HST33 ,n P ar ' -{i { Q' r 4 ' , r gatzate" t' 1F.'"'m , , r fi 1q t,�- I Y_ , IT ��, y„Y26 ; y2h {1, � 800 400 0 800 SCALE IN FEET JsT Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton, CO 80621 303-857-6222 Broken Arrow Investments Derr Pit Permit Boundaries Date 1 30 20 Job No 07123 Drown TPY Scale 1 "=800' Sheet 1 Of 1 Exhibit B Sample Letter to Weld County Board of County Commissioners 9 Ms. Barbara Kirkmeyer Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 bkirkme er v e Id,;ov.com RE: 2MJUSRl9-08-I660 -- Derr Sand and Gravel Mine Broken Arrow Investments, LUC 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. cc: Kim Ogle, Weld County Planning Services (via email) a 4 D NR COLORADO Division of Water Resources Department of Natural Resources November 18, 2019 Paul Weiss, P.E. Williams and Weiss Consulting, LLC 5255 Ronald Reagan Blvd, Ste 220 Johnstown CO 80534 Re: Derr Pit Substitute Water Supply Plan (WDID 0302547, Plan ID 5240) DRMS Permit No. M-2008-017 (WDID 0303035) S 1/s NE 1/a Section 4, T5N, R65W, Gtr, P.M. Water Division 1, Water District 3, Weld County Approval Period: August 1, 2019 through July 31, 2020 Contact information for Mr. Weiss: 970-221-5159; pswwater@msn.com Dear Mr. Weiss: We have reviewed your letters dated June 1, 2019 and October 10, 2019 requesting approval of a substitute water supply plan ("SWSP") on behalf of Broken Arrow Investments, LLC ("Broken Arrow" or "Applicant") in accordance with Section 37-90-137(11), C.R.S., to cover depletions caused by an existing gravel pit operation known as the Derr Pit (M-2008-017). A SWSP for this site was originally approved on November 12, 2010 and was most recently renewed in a letter dated August 1, 2018 to cover operations through July 31, 2019. The required renewal fee of $257 has been received (receipt no. 3692242). SWSP Operations The Derr Pit (WDID 0303035, well permit no. 82868-F) is a gravel pit operation located in the NEIA of Section 4, Township 5 North, Range 65 West of the 6th P.M., in Weld County. Mining operations at the Derr Pit ceased after December 31, 2012, but recommenced in the spring of 2019 and are expected to continue throughout this plan period. According to information provided by the Applicant, operations at the site did not expose any groundwater until late April 2019. In 2018, Broken Arrow obtained an amendment (AM01) to their reclamation permit to add 105.8 acres to permit M-2008-017 and to revise the mining and reclamation plans. During this plan period, consumptive uses at the Derr Pit site will include evaporative losses from exposed groundwater, water used for dust control purposes, and water lost in the mined product. The pit is proposed to be continuously dewatered up until a slurry wall is constructed around the site. A slurry wall is anticipated to be constructed around Phases 1-4 of the original permit area in the next 2-3 years. A second cell is proposed to be constructed around Phases 5-7 prior to the exposure of groundwater in those cells, approximately 5-6 years from now. The water pumped for dewatering purposes wilt be measured and utilized as the source of replacement water for this SWSP through recharge. cO 1313 Sherman Street, Room 821, Denver, CO 80203 P 343.866.3581 www.codorada.goviwater , ' Jared S. Pods, Governor I Dan Gibbs, Executive Director i Kevin G. Rein, State Engineer/Director I ,'" °j Derr Pit SWSP Plan ID 5240 Depletions November 18, 2019 Page 2 of 6 A total of up to 3.0 acres of groundwater are anticipated to be exposed in Phases 1-4 of the original permit area, consisting of 0.75 acres in dewatering trenches and between 0.95 and 1.3 acres in recharge ponds. Net evaporative depletions were calculated to total 8.75 acre-feet per year based on a gross annual evaporation of 45 inches from the exposed water surface, and a credit of 9.97 inches for effective precipitation (see attached Table 1). No credit was claimed for anticipated ice -covered periods. The estimated monthly depletions due to evaporation during this plan period are shown on the attached Table 1. Broken Arrow estimates that they will mine a total of 600,000 tons of sand and gravel during this plan period. All of the material will be mined below the groundwater table, but in a dewatered state, and will not be washed. The water retained by the sand and gravel is therefore considered to be 2% of the mined material by weight, resulting in a total groundwater loss of 8.83 acre-feet. The Applicant has estimated that a total of 5.00 acre-feet of water will be used for dust control purposes at the site during this plan period, based on a projected daily usage of 2,000 to 6,000 gallons per day. A water truck will be utilized to apply water for dust control purposes. Water used for dust control purposes is assumed to be 100% consumed. A monthly breakdown of operational and evaporative consumptive use at the site is shown in the attached Table 2. Evaporative and operational consumptive use wilt total 22.58 acre-feet during this plan period. The Alluvial Water Accounting System ("AWAS"), which utilizes the Glover method, was used with the alluvial aquifer boundary condition to determine the lagged depletions to the Cache la Poudre River from past and projected evaporation and operational losses at the site. The following parameters were used in the model: a distance (X) of 2,126 feet from the exposed groundwater surface to the river; a distance (W) of 22,900 feet from the stream to the impermeable boundary; a harmonic transmissivity (T) of 76,056 gallons per day per foot; and a specific yield (S) of 0.2. The estimated lagged stream depletions due to projected operations at the Derr Pit will total 13.67 acre-feet during this plan period, as shown on the attached Table 2. The point of depletion for the Derr Pit is assumed to be on the Cache la Poudre River perpendicular to the pit, just downstream of the headgate of the Ogilvy Ditch (WDID 0300937). Dewatering Dewatering at the Derr Pit began in late April of 2019 and the site will be continuously dewatered up until final slurry wall construction. Dewatering water will be delivered to two recharge sites located within the Derr Pit. Derr Pit Recharge Area 1 (WDID 0302068) is located on the west side of the site, and Derr Pit Recharge Area 2 (WDID 0302069) is located on the east side of the site. The District 3 water commissioner performed a site visit on October 17, 2019 and found the dewatering of Derr Pit was more water than the Recharge Areas can handle, and that the excess water is flowing into the Ogilvy Ditch. Nothing in this SWSP approval should be construed as this office granting permission for the discharge of water into the Ogilvy Ditch, or requiring the Ogilvy Ditch to accept such water. It is recommended that the Applicant obtain an agreement with the Derr Pit SWSP Plan ID 5240 November 18, 2019 Page 3 of 6 Ogilvy Ditch in order to continue operating in this manner. The water flowing to the Ogilvy Ditch must be measured to properly account for the amount recharged and the applicant must show this water is infiltrating into the ground or being returned to the river without use. If the applicant is unable to demonstrate this, 100% of the water flowing into the Ogilvy Ditch must be counted as a depletion, with replacement water delivered to the Cache la Poudre River below the headgate of the Ogilvy Ditch. Because the recharge sites are located within the Derr Pit and are closer to the river than the mined area, the timing of dewatering depletions will approximately match the timing of dewatering accretions, with accretions returning to the stream slightly ahead of depletions. As long as the mine site is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to dewatering operations. Totalizing flow meters must be installed at each discharge location and meter readings must be reported on the submitted accounting. The meter readings will be used in calculating the post -pumping depletions that must be replaced if dewatering ceases at the site during mining operations and/or upon the conclusion of mining operations at the site. Evaporative depletions from the recharge pond have been incorporated into the overall pit depletions, as described in the section above. Replacements The Applicant has obtained a lease with the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District ("Central") for 16.00 acre-feet of Central's fully consumable storage and direct flow water rights in the Cache la Poudre basin. The term of the lease is August 2019 through July 2020. A copy of the signed lease, dated October 1, 2019, is attached. It is anticipated that replacement water will be delivered from storage in the Geisert Reservoir (WDID 0303795), located in the SE% of Section 31, Township 6 North, Range 65 West of the 6th P.M., approximately 4 miles upstream of the Derr Pit. Replacement water can be delivered past the Ogilvy Ditch headgate using Central's augmentation station located at the headgate of the Ogilvy Ditch. The delivery schedule incorporates a transit loss of 2.0% based on a rate of 0.5% per mile. Any releases by Central at a location other than the Geisert Reservoir must be coordinated with the water commissioner to insure the proper transit losses are applied and that no intervening water rights are injured. In addition, if a different transit loss is determined by the division engineer or water commissioner, the Applicant must modify their accounting and replacements as necessary to be consistent with the determined transit loss. The monthly depletions and replacement requirements are found on the attached Table 2. Long Term Augmentation In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of groundwater. In accordance with approach number 3, a total bond amount of $1,362,889, which includes the cost of installing a slurry wall, has been set. DRMS approved a phased mining plan operation which allows the bond to be posted in phases. Prior to opening a new phase the operator will submit an increased financial warranty so as to hold enough bond at any given time to construct a slurry wall around the actively mined phases. The current bond amount is $215,400, which covers dry mining in Phases 1-4 of the original permit area and Derr Pit SWSP Plan ID 5240 November 18, 2019 Page 4 of 6 Phase 5A of the amendment area. Prior to exposing of groundwater or disturbing additional surface areas, the Applicant is required to notify DRMS in so that the reclamation bond may be adjusted appropriately. Proof that such a bond has been obtained and the requirements of the April 30, 2010 letter from DRMS have been satisfied must be provided to this office (the Division of Water Resources). Conditions of Approval I hereby approve the proposed SWSP in accordance with Section 37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of August 1, 2019 through July 31, 2020, unless otherwise revoked or superseded by decree. If a court decreed plan for augmentation is not obtained for the proposed uses by the SWSP expiration date, a renewal request must be submitted to this office with the statutory fee of $257 no later than June 1, 2020. If a renewal request is received after the expiration date of this plan, it may be considered a request for a new SWSP, in which case a $1,593 filing fee will apply. 2. Well permit no. 82868-F was obtained for the current use and exposed pond surface area of the gravel pit in accordance with Sections 37-90-137(2) and (11), C.R.S. 3. The total surface area of the groundwater exposed at the Derr Pit must not exceed 3.0 acres, which results in an annual net evaporative loss of 8.75 acre-feet. 4. The annual amount of water used for operational purposes at the Derr Pit shall not exceed 13.83 acre-feet, estimated as 5.00 acre-feet for dust suppression and 8.83 acre-feet lost with the production of 600,000 tons of mined product. 5. Total consumption at the Derr Pit must not exceed these aforementioned amounts unless an amendment is made to this SWSP. 6. Approval of this SWSP is for the purposes as stated herein. Any additional uses for which the water may be used will be allowed only if a new SWSP is approved for those additional uses. 7. Releases of replacement water must be sufficient to cover all out -of -priority depletions in time, place, and amount and must be made under the direction and/or the approval of the water commissioner. Notice must be provided and approval made by the water commissioner at least 48 hours prior to the release of replacement water, or as required by the water commissioner. 8. The release of replacement water may be aggregated at the discretion of the division engineer and/or water commissioner. The water commissioner and/or the division engineer shall determine the rate and timing of any aggregated release. 9. The replacement water that is the subject of this SWSP cannot be sold or leased to any other entity. As a condition of subsequent renewals of this SWSP, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. Derr Pit SWSP Plan ID 5240 November 18, 2019 Page 5 of 6 10. All diversions and discharges shall be measured in a manner acceptable to the division engineer. The Applicant shall install and maintain such measuring devices as required by the division engineer for operation of this SWSP. 11. Conveyance loss for delivery of augmentation water is subject to assessment and modification as determined by the division engineer. 12. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions, replacement sources, and river calls) on a monthly basis, or more frequent if required by the water commissioner. The accounting must be emailed to the water commissioner (Mark Simpson at Mark.Simpson@state.co.us) and DNR Div1Accounting@state.co.us within 30 days of the end of the month for which the accounting applies. Accounting and reporting procedures are subject to approval and modification by the division engineer. Accounting forms need to identify the WDID number for each well operating under this SWSP. NOTE: Monthly accounting, even during the winter non -irrigation season, is required. Applicant shall verify that the entity making replacement, in this case the Central Colorado Water Conservancy District, has included the Applicant on their accounting submitted to our office. 13. Applicant shall follow the attached Augmentation Plan Accounting Protocol and Recharge Protocol for the operation of this SWSP. 14. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions, thus dewatering is required to continue during the term of this plan. Once dewatering at the sites cease, the delayed depletions must be addressed, including depletions resulting from the gradual refilling of the pit. The monthly volume of water pumped for dewatering operations must be recorded through a totalizing flow meter and shown on the submitted accounting sheets. 15. If dewatering of the site is discontinued prior to completion of the slurry wall liner(s), the pit would fill creating additional depletions to the stream system due to increased evaporation. To assure that additional depletions to the river do not occur, a bond for $215,400 through the DRMS for lining or backfilling of the exposed groundwater has been obtained. Therefore, if the dewatering is discontinued the bond can finance the completion of the lining of the pit or the backfilling, thus preventing ongoing depletions to the stream system. 16. The approved final reclamation plan for the Derr Pit is a lined water storage reservoir. If a lined pond results after reclamation, replacement of lagged depletions, including lagged dewatering depletions, is required to continue until there is no longer an effect on stream flow. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. Granting of this plan does not imply approval by this office of any such court application(s). Derr Pit SWSP Plan ID 5240 November 18, 2019 Page 6 of 6 17. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any time the State Engineer determines that injury to other vested water rights has occurred or will occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 18. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if the substitute supply is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 19. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning this SWSP. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other SWSPs or in any proposed renewal of this SWSP, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. If you have any questions concerning this approval, please contact Sarah Brucker in Denver at (303) 866-3581 or Michael Hein in Greeley at (970) 352-8712. Sincerely, for Jeff Deatherage, P.E., Chief of Water Supply Attachments: Exhibit 2 - Derr Pit Site Map Exhibit 3 - Tables 1 and 2 Central Lease Letter from DRMS dated April 30, 2010 Augmentation Plan Accounting Protocol Recharge Protocol Cc: Michael Hein, Lead Assistant Division Engineer, Michael.Hein@state.co.us 810 9th Street, Suite 200, Greeley, CO 80631, (970) 352-8712 Louis Flink, Tabulation/Diversion Records Coordinator, Louis.Flink@state.co.us Mark Simpson, Water Commissioner, District 3, Mark.Simpson@state.co.us Eric C. Scott, Division of Reclamation Mining and Safety, Eric.Scott@state.co.us Exhibit 2. Derr Pit Site Map �t st. .d - • wart I ' • -r ' / .., • : tat: r \Cie i .4,A! 1 I.,, 4 •w • T1M I i -‘41%,..., i cf.. r 11,• itk • �. { _ • �i +off • • t • • t. • 4d ti ••sA fit 1p sti al ' 0 • •• = Nti I 1 y. :1 •1 •.all 1 • .. II • ti - id; PET Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton, CO 8O621 303-857-6222 BROKEN ARROW INVESTMENTS, LLC DERR GRAVEL PIT VICINITY MAP Job No: C7' 23 Drawn: W SS WWC Water Kesotirce Lngineering Exhibit 3 Tablel, Table2. Operational Losses, Lagged Depletions, and Water Balance Derr Pit Evaporation Losses Table 1 Total Exposed Water Surface Area Distribution of Annual Evaporation2 Net Free Water Surface Evaporation (feet)3 Net Evaporation at Loloff Pit (ac -ft) Notes: 3 acres W ==Weirs Submitted b Paul Weiss, 5255 Ronald Johnstown, Aug Sep Oct Nov Dec Jan Feb Mar Apr May 0.135 0.100 0.070 0.040 0.030 0.030 0.035 0.055 0.090 0.120 0.394 0.292 0.204 0.117 0.088 0.088 0.102 0.160 0.263 0.350 1.181 0.875 0.613 0.350 0.263 0.263 0.306 0.481 0.788 1.050 Distribution of annual evaporation per DWR Guidelines for gravel pits at elevations below 6,500feet. 3 Annual gross evaporation rate of 45 inches taken from NOAA Technical Report NWS 33. Consistent with previously approved Loloff SWSP, a credit of 9.97 inches of effective precipitation results in approximately 35 inches net evaporator WWC Water Resource Engineering Operational Water Balance: Derr Pit Substitute Water Supply Plan Table 2. Submitted by: Sub Paul Weiss, P.E. Pau 5255 Ronald Reagan Boulevard, 525: Johnstown, CO 80534 Johi Depletions Month Monthly Net Evap (ft) Exposed Water Surface Area (acres) Evaporative Losses (ac -ft) Mining Production (tons) Water Retained in Material (ac -ft) Water Used For Dust Control (ac -ft) Total CU (ac -ft) Lagged Depletions (ac -ft) Percent of Month Under Call (%) Operational Augmentation Requirement (ac -ft) 5 (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) Aug -19 0.39 3.00 1.18 50,000 0.74 0.55 2.47 -0.80 100% -0.80 Sep -19 0.29 3.00 0.88 50,000 0.74 0.55 2.16 -1.09 100% -1.09 Oct -19 0.20 3.00 0.61 50,000 0.74 0.40 1.75 -1.17 100% -1.17 Nov -19 0.12 3.00 0.35 50,000 0.74 0.40 1.49 -1.14 100% -1.14 Dec -19 0.09 3.00 0.26 50,000 0.74 0.20 1.20 -1.07 100% -1.07 Jan -20 0.09 3.00 0.26 50,000 0.74 0.20 1.20 -0.99 100% -0.99 Feb -20 0.10 3.00 0.31 50,000 0.74 0.20 1.24 -0.96 100% -0.96 Mar -20 0.16 3.00 0.48 50,000 0.74 0.40 1.62 -1.00 100% -1.00 Apr -20 0.26 3.00 0.79 50,000 0.74 0.50 2.02 -1.12 100% -1.12 May -20 0.35 3.00 1.05 50,000 0.74 0.50 2.29 -1.28 100% -1.28 Jun -20 0.42 3.00 1.27 50,000 0.74 0.55 2.55 -1.45 100% -1.45 Jul -20 0.44 3.00 1.31 50,000 0.74 0.55 2.60 -1.60 100% -1.60 TOTAL 2.92 8.75 600,000 8.83 5.00 22.58 -13.67 -13.67 Notes: (A) Monthly evaporation (B) Exposed water surface (C ) Monthly evaporation = (C) x (B) (D) Estimated Production (E) Water Retained in Material, assuming 2% Retention (F) Estimated Water Use for Dust Control (G) Total Consumptive Use = (C) + (E) + (F) (H) Lagged Depletions computed with AWAS (I) Percent of Month under Call Affecting Recharge Reach (J) Net Augmentation Requirement= (H) x (I) (K) Dewatering Augmentation Requirment (L) Replacement Supply (M) Estimated Losses on replacement supply conveyance (N) Net Impact to Poudre River= (J) + (K) + (L) + (M) WWC Water Kesource Engineering WATER LEASE AGREEMENT Derr Gravel Mine TH S AGREEMENT made and entered into this f day of . 2019, by end between the Gronctistaoer Management St bdisaict (US; eerie Contra raWac+o Water Corservart y O*cL hereinaher referred tc as "Lessor". and Del C0'40'110°1. Inc, heeinater referee to as lessee' WYTNESSETH: WHEREAS, Lessor rtes storage and c,retx Iv vr rghis r, the Ce the :aznkilre Grin -.woes tyre a &,.uar!xrle water Stp r Plan . StWSP) feed'aitrt the State Engineer puralant to "s7 -&2-3t ,z:i C.R S WHEREAS. Lessor desires to lease Ic Lessee 16.047e fee and Lessee mires to ease -ne same NOW, THEREFORE In corsklerit.Yn of Ire rnatual coaenarr.* arc o'cr eses cf the gar es ! 'e°, t e veed as blimes 1. Lessor siat lease 16.0 -acre feet to Lessee fa use in Lessor s Sl7SP 2. The parties agree the sir vokrme of aster to be teased Jnder this agreement totals 16 acre -fee: for deNery & gJ91 2019 tIvougti JLey 2020 Panics give to no mm:wit sttiodulo us lotbms Aug -19 Sep -19 ' Oct -19 Nov -19 3ec 19 yarn -23 Feb 20 Mat 20 arc 29 Mey l ion 20 ,;LI-23 Taal 175 L16 613 1.00 1.30 1.31 141 _ 13: _ 1.2C 1 1.20 ` 120 133 1.4 '.60 .� 3 Pariie9 agree that Lessors xil de kw' water '10 the C; ecie la Poudre F4ser at the Osoletion part of the Derr pit, b;,atee Jhansheam of the Nlvy 1tl tJ hsadpre n the +W'; 0t the NF T d VE '. al Section 4, Trx'nthp 5N, Range ' r# die P M. Couity of !NNeld. Coa'co Durmast to the monthly del•rery efiectie as st'iown'move. d it hero are aces when there a no senor edrrtnls Live :al in Cweron 1 and waster .9 no 'equred pursuari 90 Lessee 9 SlV'SP. then, the parties agree then teems nay requeeL in writing, on a terathor to the approved .•nonthly delivery scledt,te. Lessors 'n :net stile discretion mev r-cvcd Cr deny the fewest te'C'MI rotary the L:s'Iac, n it the praresed ateriator s arxJetJlahle 5 Lessee ahati pay lessor a Xrg1 ct $10,1+100 ('96501AF'16AF) due u;xuf sgni•g m :Mader-(ri kW 'he ewer treAnfnt order the r~creerrertt. 5 Parties agree the( tl tlrreenntril s ter the 'aaler 1e.Ir ray 01'6 -ere feet from AugLe 2319 thra.gh Joy 2020 and shall rnmedietety laminate July 31, 2C2D .aM water alocateo u,der tins Lease shat irrr+ediateh• wood back io Lessor 401 expi•abor of this iwevnent l ns ligament represents :no corrpiete ag•sernent cf me pales and no oral ncd scat on shall be recognized. Ary anendn-ants a• rddita-s to 11w :Immure, rirot to made in w il,yg arc 3h411 t:e signed by the parties hereto. S. T'is agreement is br drrg upon the parties 'a. Lessee shall only use this aster es sr expectation wooly in its orbs euta wax- .s4ort plc by to Cur Ott loot as generaly described in pa --graph 3 above. Lessee's Joe at the wabsr frost be corlsislsrt'alPi Lessors potr-les. Walef mot cectees Erc the 'hater C unservarcy A It oriel, :le Lessee's resecnsiniity to erasure (hat i:s use of the water a consistent Mth this Agrearrent Lessee Tray rot sJb ease the water cr assign c' Ira•fskr this Agioewrcrt iu another Irony WITNESS WHEREOF, Lesser and Lessee hair ca.sser :'i ''Nate- Le- tsu A.iretsmerr Deed the day and year fret execJtec O34.43. em llihcbi ►. Cis+: ice€ Eigheer CCANCI3 STATE OF COLOFDO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 30, 2010 Broken Arrow Investments, LLC 699 N. First Avenue Greeley, CO 806310000 m- waE- O1 7 RE: Mining Operations with Exposed Ground water To Whom It May Concern: COLORADO DIVISION OF RECLAMATION MINING SAFETY Bill Ritter, Jr. Governor James B. Martin Executive Director Loretta E. Pineda Director The Division of Reclamation Mining and Safety is responsible for ensuring that Sand and Gravel mining operators comply with the requirements of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Act) and the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (Rules). Among these requirements are provisions for the protection of water resources. The Act requires that reclamation plans must ensure minimization of disturbances to the prevailing hydrologic balance, including disturbances to the quantity of water in the area affected by mining and in the surrounding areas. § 34-32.5-116(4)(h). Rule 3.1.6(1)(a) requires compliance with Colorado water laws and regulations governing injury to existing water rights both during and after mining. Permits must specify how the permittee will comply with applicable Colorado water laws and regulations governing injury to existing water right rights. Rule 6.3.3(j); Rule 6.4.5(2)(c). After an extensive review, the Division determined that several operators may not have appropriate permit conditions to address certain reclamation liabilities arising from impacts to water resources. In September 2009 the Division of Water Resources (DWR) updated its Guidelines for Sand and Gravel Pits. These guidelines provide guidance on achieving compliance with state law regarding replacement of depletions from sand and gravel mining, thus the guidelines provide a benchmark for the protection of hydrologic balance required under the Act and Rules. As noted in the Guidelines, sand and gravel operations which expose groundwater without complying with state law create a reclamation liability by impacting available groundwater. State law requires that any person exposing ground water must obtain a well permit from the SEO pursuant to § 37-90-137(11). Because exposed groundwater results in out -of -priority water depletions, operations which expose ground water must also eventually obtain a water -court approved augmentation plan. Currently, several operators do not have either an augmentation plan or bonding to provide an alternative method to mitigate injurious stream depletions that result from mining -related exposure of ground water. The Division has a statutory duty to ensure that lands affected by mining are reclaimed in a manner that complies with state law and to ensure that operators have sufficient bonding to achieve reclamation. In order to assist operators in achieving compliance with these requirements, the Division proposes that, by April 30, 2011, operators should contact the Division and agree upon a plan for achieving compliance. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines The Division has identified four approaches for operators: 1. File a financial warranty that will ensure backfilling of the pit to cover the exposed ground water to a depth of two feet above the static ground water level or, 2. Obtain a court approved augmentation plan prior to exposing ground water or, 3. File a financial warranty to cover the cost of installing a clay liner or slurry wall that meets the Division of Water Resources requirements for preventing ground water exposure or, 4. Obtain approval from the Division of Water Resources that acknowledges compliance with the SEO's requirements pursuant to § 37-90-137(11). The Division will work with operators on an individual basis as they move to implement one of these plans. It is likely that options 1 and 3 will require the submittal of a technical revision or an amendment to the existing permit depending on the nature of the current mining and reclamation plan and the proposed changes. Increased financial warranties, as a result of these modifications, may be posted in a phased manner not to exceed three years. Amendments or revisions currently under review will be required to be approved by April 30, 2011 and may use the phased financial warranty approach described above. New applications going forward or presently under review by the Division will be required to meet the requirements of one of the options 1-4 at the time of application approval. Failure of affected operators to initiate contact with the Division and gain compliance as described above could result in an enforcement action being issued by the Division. If you have any questions, please contact Tony Waldron at 303-866-3567, extension 8150. cc: M2008017 Derr Pit ADMINISTRATION PROTOCOL Augmentation Plan Accounting Division One - South Platte River This protocol establishes the accounting and reporting process required to enable the division engineer's office to confirm that depletions from all out -of -priority diversions are being replaced so as to prevent injury to vested water rights. The accounting must comport with established "cradle to grave" accounting standards, which allow an audit of the information to track exactly how the data is manipulated as it is translated from raw input data to the resultant impact on the river. While this protocol is subordinate to any decreed language addressing specific accounting requirements, it generally addresses the minimum requirements of such accounting. The accounting must use the standard convention where a depletion is "negative" and an accretion or other replacement source is "positive". The sum of the impacts will then result in either a "negative" or "positive" impact on the stream. Wells in plans that have a negative stream impact must provide additional replacement water, curtail pumping or both until the impact is no longer negative. Plans with a negative stream impact that fail to curtail pumping will be ordered to stop pumping until such time as the projected impact of the wells is no longer negative. 1. Accounting must be submitted electronically to the water commissioner (call 970- 352-8712 to obtain email address) and division engineer at Div1Accounting@state.co.us within 30 days of the end of the month for which the accounting is being submitted. 2. The accounting must provide the contact information including name and address for: a. the owner(s) of each well b. the person responsible for submitting the accounting c. the plan administrator and/or the plan attorney. 3. All input data must be in one location, such as an "Input" worksheet, etc. The accounting must show all pumping. Input data includes the information listed below. a. The required input data for each well is: i. the monthly meter reading for wells that use a presumptive depletion factor (PDF) to determine the associated consumptive use (CU); or ii. the monthly CU in acre-feet (AF) for wells that have a decree or approved SWSP that allows the wells to use a water balance methodology to determine the CU of the well. The analysis used to determine the CU must be included with the accounting. iii. Wells that are decreed as an alternate point of diversion (APOD) to a surface water right must report pumping on a daily basis if any of the diversion during the month is claimed as being "in priority". (See Administration Protocol — APOD Wells for more details.) Administration Protocol - Augmentation Plan Accounting Revised March 19, 2009 iv. The well meter serial readings for each meter shall be included if there is more than one meter on a well. b. Each recharge site must comply with the Administration Protocol - Recharge and must report the: i. daily volume in AF diverted into the site; ii. monthly volume in AF released from the site; iii. monthly net evaporative loss in AF; iv. volume of water in AF remaining at the end of the month. c. The accounting must identify each source of fully consumable replacement water actually delivered to the location impacted by the depletions. To demonstrate the water was actually delivered to the required location will require the following information: i. the originating source of the water, date released and volume of water released; ii. transportation losses to point of diversion or use, if any, using stream loss factors approved by the water commissioner; iii. the volume of water actually delivered on a daily basis past any surface water diversion that was sweeping the river as corroborated by the water commissioner. (See Administration Protocol — Delivery of Water for more details on delivering water.) d. For each source of replacement water that has been "changed" for use as a source of augmentation, such as changed reservoir shares, ditch bypass credits or credits from dry -up, etc., the following input information must be reported: i. the basis and volume of the return flow obligation; ii. the location the changed water was historically used; this will be the location used to determine the timing of the return flow impact on the river. 4. The accounting must include a monthly projection of the plan's operation at least through March 31 of the next calendar year. 5. The accounting must include all input and output files associated with modeling the delayed impact of diversions. The output from the modeling must report to a summary table that shows, by month, the ongoing depletions associated with pumping, return flow obligations, etc. and accretions from recharge operations. 6. A net impact summary must show the out -of -priority depletions, accretions from each recharge site, volume of replacement water actually delivered to the location of the depletions and the resultant net impact on a daily basis. If necessary, the net impact must be done by river reach. While modeling may use a monthly step function to determine the depletions from pumping and accretions from recharge, the monthly result must then be divided by the number of days in the month in order to simulate a daily impact, as water rights are administered on a daily and not monthly basis. Administration Protocol - Augmentation Plan Accounting Revised March 19, 2009 Replacement water must be provided such that the daily net impact (using the simulated daily numbers from the modeling) is not negative. If a well is out -of - priority for 15 days during a month, replacement must be made only for the 15 days the well is out -of -priority. The replacement must be made, however, on a daily basis as opposed to, for instance, making an aggregated release equal to the volume of the out -of -priority depletions. Likewise, the simulated daily accretion will only count toward replacing the depletion on the days the well is out -of -priority. The accretions that report to the river when the well is in priority cannot be used to replace the out -of -priority depletions. The accretions that impact the river when the well is in priority are not considered "excess" unless the cumulative net impact of the well is not negative for the entire irrigation year to date. (The irrigation year for this purpose is April 1 thru the following March 31.) Until such time as the cumulative net impact is not negative, the accretions must simply be released to the river and cannot be leased to other plans or recaptured. Plans that show a positive cumulative net impact are still required to make replacements on a daily basis; the cumulative analysis only effects whether or not accretions reporting to the river when the well is in priority are considered "excess" and are, therefore, able to be recaptured. 7. The basis for determining that the depletions are out -of -priority must be clearly established and all steps in the calculation included in the accounting. The analysis may be done, unless otherwise limited by decree, for each well or groups of wells, provided the most junior water right associated with the group of wells is used as the reference water right for the group's out -of -priority status. 8. Accounting must include actual information for the irrigation year through the month for which the accounting is being submitted AND projections of the plan operation through March 31 of the next calendar year. 9. The following naming convention must be used for all files submitted pursuant to item 1: "PIanWDID_YYMMDD" where: PIanWDID is the WDID assigned by the division engineer's office YYMMDD corresponds to the date the accounting is submitted. As an example, the assigned WDID for the former GASP plan was 0103333. If accounting using Excel® was submitted for that plan on May 15, 2004, the file name would be: "0103333_040515. xls" The name of the file must be in the subject line of the email. 10. All accounting must be reported using the WDID for the structure, at a minimum. Other information such as well name, permit number, etc. may also be included as desired. All wells must be decreed by the water court, permitted by the state engineer or included in a decreed plan for augmentation. Unregistered and undecreed wells cannot, in the opinion of the division engineer, be effectively administered because of the need to know the location, allowable diversion rate and use of the well - information that is only available from the decree or permitting process. Administration Protocol - Augmentation Plan Accounting Revised March 19, 2009 11. If a well is covered in multiple SWSP's or augmentation plans, the monthly meter readings must be the same in the accounting for each plan covering the subject well. The accounting for every plan covering the well shall state the proportionate pumping amount covered by each plan to assure all out -of -priority depletions are replaced. 12. The following additional accounting is required for sources of replacement water used for more than one plan. The water right owner of the replacement water is responsible for accounting for the total replacement amount and how much each plan is using of that total amount. The accounting for portions of the replacement water by other users must match the accounting of the water right owner. The amount of replacement water used by the water right owner and other users together shall not exceed the total replacement amount available. (See Administration Protocol — Use Of Unnamed Sources For Replacement for additional requirements concerning required notice and approval of sources of replacement not specifically described in a SWSP or augmentation plan) Administration Protocol - Augmentation Plan Accounting Revised March 19, 2009 ADMINISTRATION PROTOCOL Recharge Division One — South Platte River The purpose of a "recharge structure" as referenced in this document is to introduce water to the river alluvium that will result in accretions to a live stream. For the purposes of this document, a recharge structure does not include a well that is used to artificially recharge a Denver Basin bedrock aquifer. With that qualification, a recharge structure is defined as: ■ A section of ditch, the losses from which can be reasonably modeled as a single source of water. ■ A pond or group of ponds that receive water from the same delivery location and can be reasonably modeled as a single source of water. 1. A written notification for each recharge structure must be provided to the water commissioner and division engineer. The Division of Water Resources will not acknowledge any recharge activity conducted without the knowledge of the water commissioner. The notification must include: a. a map showing the location of the structure and the court case number of the plan for augmentation authorized to use the structure; b. a map showing the location of the diversion point and the court case number for the decree authorizing the diversion, if any; c. a map showing the location of and all information for the metering location; d. the maximum water surface area of the structure; e. for ditch structures, if the ditch is divided into more than one recharge reach, an explanation of how the volume diverted will be allocated to the various sections. 2. Upon receiving written notification or decree by the water court, the division engineer will assign the structure a WDID number. The WDID number is the identification number that will be used for the administration of the structure and must be included in all correspondence and accounting reports. (For structures that were included in a decreed plan for augmentation but were not physically constructed at the time of the decree, a written notification of the intent to construct the structure must be provided.) 3. Any structure that intercepts groundwater must be permitted as a well and included in a plan for augmentation or substitute water supply plan approved by the state engineer. The division engineer strongly recommends avoiding recharge structures that intercept groundwater, in order to simplify the accounting process. 4. The flow into EVERY recharge structure MUST be metered and equipped with a continuous flow recorder unless the water commissioner in conjunction with the division engineer determines adequate records may be kept without such equipment. If the recharge structure is designed to discharge water via a surface outlet, such discharge must also be metered and equipped with a continuous flow recorder. The water commissioner MUST approve the use of the recharge structure BEFORE any credit will be given for water placed into recharge. Administration Protocol - Recharge Revised February 1, 2008 5. All recharge ponds must have a staff gauge installed such that the gauge registers the lowest water level in the pond. The staff gauge must be readable from a readily accessible location adjacent to the pond. 6. All recharge areas must be maintained in such a way as to minimize consumptive use of the water by vegetation. No recharge area may be used for the planting of crops during the same irrigation year that it is used as a recharge site without prior approval from the water commissioner or division engineer. 7. The amount of water recharged to the alluvial aquifer is determined by measuring the amount of water delivered to the recharge structure and subtracting: a. the amount of water discharged from the recharge structure, b. the amount of water lost to evaporation (see item 8, below), c. the amount of water lost to consumptive use due to vegetation located within the recharge structure, and d. the amount of water retained in the recharge structure that has not yet percolated into the ground. 8. Net evaporative losses from the recharge structure must be subtracted from the volume of water delivered to the pond. Evaporative losses must be taken every day the pond has a visible water level. If the pond does not have a stage -surface area curve approved by the water commissioner, the maximum surface area of the pond must be used to determine the evaporative losses. Monthly loss factors prorated for the number of days the pond had a visible water level may be used as may real time evaporation data from NOAA or a local weather station. If the pond is not inspected on a routine basis through the month, no prorating of monthly factors will be allowed. 9. The amount of accretions from the recharge structure will be credited only in accordance with a decreed plan of augmentation or substitute water supply plan approved by the State Engineer. 10. All water delivered for recharge must be fully consumable: a. changed reservoir rights or the CU portion of changed senior ditch rights; b. transbasin water that has been imported into the South Platte River basin; c. nontributary water; d. excess (unused) accretions from the previous recharge of fully consumable water; e. water diverted in priority after "notice" of intent to fully consume the water; f. water diverted under free river. 11. Water may be delivered to recharge only if the net impact of the associated plan for augmentation is not negative. Water must first be delivered or exchanged to offset negative impacts of the plan for augmentation before it may be diverted for recharge. 12. Accounting must be performed on a daily basis with reports submitted at least monthly and within 30 days of the end of the month for which the accounting is being made. The volume of water diverted into recharge must be provided to the water commissioner weekly when requested by the water commissioner. Administration Protocol - Recharge Revised February 1, 2008 q McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons. CO 80540 • Phone: (303) 917-1247 E -Mail: dennis(a.mcgranewater.com January 31, 2020 Mr. JC York J&T Consulting, Inc. 305 Denver Avenue, Suite D Ft. Lupton, CO 80621 McGraw' WaUv Encpncennq Via email at: jcyork@j-tconsulting.com RE: Derr Pit —Hydrologic Assessment and Computer Modeling Dear Mr. York: The Derr pit is located east of Greeley, in Section 4, Township 5 North, Range 65 West of the 6th principal meridian in Weld County, Co., and is being developed by Broken Arrow Investments, LLC (BAI). The Derr pit is permitted under Colorado Division of Reclamation, Mining and Safety (DRMS) permit no. DRMS M-2008-017. BAI has amended their mining permit to mine north of the existing pit to C Street, west of Cherry to Ave (CR-43) and east of Balsam St. (CR- 41.5) which is referred to as the "amendment" area. BAI seeks to install a slurry walls around the Derr pit in 2020 and the amendment area in 2022. BAI is seeking approval for a Use by Special Review (USR) amendment from the Weld County Planning Department and the Board of County Commissioners (Board). At a USR hearing on September 11, 2019, several vicinity well owners expressed concerns about dewatering impacts around the pit. BAI asked to continue the hearing so these issues could be evaluated. BAI retained McGrane Water Engineering (MWE) to evaluate groundwater level changes associated with the proposed slurry walls. MWE has experience in this area since we conducted the Loloff Pit — Slurry Wall Assessment (MWE, July 13, 2015). For this study, MWE expanded the study area, evaluated additional monitoring well data and constructed a new model to evaluate the combined effects of the Loloff and Derr pits slurry walls, and the addition of the amendment area slurry wall. Study Area The Derr pit is located approximately 1/2 mile north of the Cache la Poudre (Poudre) River approximately 5 miles from the confluence with the S. Platte River (SPR). Figure 1 shows the study area which centers on the existing Loloff pit, the Derr pit immediately to the east and the amendment area to the north. The study area includes approximately 133 wells identified in the Colorado Division of Water Resources' (DWR) well database (CDWR, 2019). Most of the DWR wells are used for domestic water supply, with a few for irrigation. Slurry Walls Slurry walls prevent groundwater from flowing into a pit. Once a slurry wall is installed, the natural groundwater flow is impeded which causes the water table to back-up and rise on the Derr Pit - Groundwater Modeling Report January 31, 2020 Page 2 of 24 upgradient side and decline on the downgradient side. Water level increases to within 10 feet of the surface on the upgradient side of the pit could threaten flooding of basements, and in extreme cases if water levels increase closer to ground surface encourage phreatophyte (such as cattails) growth. A decline in water levels on the downgradient side could reduce the aquifer saturated thickness and well yields if the decline is significant compared to the pump setting depth. Available Data. We compiled hydrogeologic data from: • Existing reports from the U.S. Geological Survey and Colorado Division of Water Resources (see Sources below); • Well permit completion reports from 133 registered alluvial wells (DWR wells) available from the State's Well database located within the study area; • Water level data from 18 monitoring wells located around the Derr pit; and • Water levels measured at 15 offsite private registered wells located within a mile of the site. Hydrogeology The hydrogeology of the SPR alluvial aquifer is described by Lindsay and Others (1998 and 2005), CDM (2006 and 2013) and CSU (2013). Figure 2 shows the site surficial geology by Tweto, 1979). The alluvium within the model areas consists of alluvial sand and gravel (Qa) adjacent to the modern SPR and Poudre River flood plains, and older terrace alluvium (Qg) outside the floodplain. The alluvium thins to the northeast where the Laramie shale (Kl) outcrops just outside the northeast corner of the model area. Table 1 (end of report) shows compiled pertinent well data that includes: location (Colorado State Plane North coordinates) depth, yield (gpm), water level when drilled, and depth to bedrock calculated from geologic logs (if available). The upper portion of the Table shows the 18 Derr borehole/monitoring well data. The average well depth, water level when drilled and depth to bedrock are 95, 13, and 85 feet respectively. The center portion of the table include 15 private DWR wells that are currently being monitored by BAI that are located within 1 mile of the Derr pit. The average well depth, water level when drilled and depth to bedrock are 67, 28, and 60 feet respectively. The deeper depths reflect ground surface elevations that increase to the north. Well yields range from 7 to 1200 gpm. The lower portion of the table contain the remaining DWR wells within the model area. The average well depth, water level when drilled and depth to bedrock are 51, 19, and 58 feet respectively, whereas, well yields range from 0.75 to 1400 gpm. Predevelopment Water Level Contours Figure 2 shows the geology and reported water levels when drilled which best represent "predevelopment" or pre -mining conditions. The predevelopment water table elevation at wells, and for the Poudre River (at 10 ft increments), were calculated by subtracting the depth to water McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 GVlail: (lcnnis@inceranevvater.coni Web: tli)://www.mcvsranewatereimineerinv.com Derr Pit - Groundwater Modeling Report January 31, 2020 Page 3 of 24 from U.S. Geological Survey 10m Digital Elevation Model (DEM) elevation data. We did not use Derr monitoring well levels in Figure 2 because they are currently below pre -mining conditions. We contoured the data using the US Geological Survey (Hun and Schneider (H&S), 1972) water table map as a guide. The H&S maps were created in 1972 and are widely accepted by hydrogeologists to represent "predevelopment" conditions. Groundwater flows perpendicular to the contours and general toward the river. The contours show that the water table generally flows from the northwest to the southeast across the model area at a gradient controlled by the river. Overall, the water table drops approximately 30 feet from northwest to southeast. A steeper gradient (closer contours) comes from the north as the aquifer thins towards outcropping bedrock (Laramie Formation). Bedrock Elevation Contours Figure 3 shows the well permits and reported well depths. Figure 4 shows the calculated bedrock elevation based on the ground elevation minus the reported depth to bedrock from a "driller's" log. Wells with a less than (<) sign represent wells that did not encounter bedrock based on their driller's logs. The data was used to update the bedrock elevation contours (aka. structure map) published by the USGS (Hun and Schneider, 1972). The map shows a deep (over 100 foot deep) erosional "paleochannel" extending from the northwest to southeast across the study area. The depression was eroded into the bedrock by the Poudre River thousands of years ago before the river established its current depositional character. The bedrock elevation within the paleochannel drops from approximately 4600 feet to approximately 4530 feet in elevation. The Derr pit is on the southern flank of the paleochannel where the alluvium is deepest which is conducive to gravel mining. Saturated Thickness The well saturated thickness is an important factor for evaluating impacts caused by changes in water levels that could affect well yield. Figure 5 shows the borehole saturated aquifer thicknesses calculated by subtracting the depth to bedrock minus the depth to water data. Greater than (>) signs are used as prefixes for shallow wells that did not encounter bedrock based on the driller's logs. The saturated thickness contours were obtained by subtracting the bedrock surface elevation of model cells (Figure 3) from the modeled derived predevelopment water table elevation (Figure 11). The contours show that the saturated aquifer thickness at the Derr pit ranges from 55 to approximately 75 feet deep, and is 75 to over 80 feet thick in the amendment area. The aquifer is thickest in the paleochannel and thins away from the river. Reported Well Yield Figure 6 shows reported well yields (gpm) range from under 15 gpm for domestic wells to 1,400 gpm for agricultural wells. Aquifer Transmissivity Figure 7 shows the contoured aquifer transmissivity (T) which is the product of the aquifer hydraulic conductivity (a measure of permeability) multiplied by the saturated thickness (Figure McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 1 Mail del1111S@mcarancMatcr.coui \Arch: 1(1)://WWW.II1C2Tancmttercillzincerinu..com Derr Pit - Groundwater Modeling Report January 31, 2020 Page 4 of 24 A5). We used a constant hydraulic conductivity of 625 ft/day that best matches the published H&S transmissivity map (H&S, 1972). The transmissivity is highest (300,000 to 400,000 gpd/ft) within the paleochannel and decreases to the northwest and away from the channel. Modeling We used the USGS (McDonald and Harbaugh, 1988) MODFLOW modeling program to evaluate the effect of the existing Loloff and Derr Pit(s). We included the effect of the Loloff pit in our analysis because we feel that it is important to determine the effects of all mining activities on vicinity wells even though the Loloff slurry wall is already installed. We used the Visual MODFLOW (VM) classic interface (version 4.6.0.167) to construct, run and display model results. The model area is approximately 2 miles high and 3 miles wide (west to east) centered on the pits, and consists of 55 rows and 73 columns using 200 -foot square model cells. We conducted two "steady state" runs. The first representing predevelopment conditions that establishes the water table flow direction and aquifer thickness prior to pit development. We then use the same run with the pit cells off to simulate post slurry wall conditions. Because the model cells do not allow flow through them, the upgradient water will mound up and flow around the pit(s). By subtracting the post slurry wall water table elevations from the predevelopment water table elevations, we are able to calculate the change in water levels caused by the slurry walls. Model Boundary Conditions Model boundary conditions include the Poudre River, and constant head cells on the west and north side of the model and a few constant head cells on the east side of the model that were set at predevelopment water table elevations to allow water to freely flow in and out of the model at gradients tied to the river elevations. (Figure 2). We assigned model river cell stage elevations every 10 feet using 10m DEM data, and then used the VM interface to interpolate values linearly between the points. The western -most, upgradient elevation was 4618 ft (msl) and the eastern -most downgradient elevation was 4581 ft (msl). We modeled the aquifer's hydraulic "connection" to the aquifer (ie. the ability of the river to buffer effects of mining) using the MODFLOW "River" package which uses a streambed conductance term (COND) to calculate flow between the river and aquifer. A high level of connection mitigates impacts by allowing water to freely flow between the river and aquifer. COND is calculated as the product of the streambed unit conductance (Ksb/m) times the wetted river area (length * width). Ksb is the streambed vertical permeability and m is the streambed thickness which we assume is 1 ft so that Ksb/m equals Ksb. CDM-Smith (2006, Figure 9) evaluated the streambed permeability at three sites (SC -8, SC -13, and SC -14) within 10 miles of the Derr pit, and came up with Ksb values ranging from 362 ft/day to 404 ft/day. We believe these rates are too high because they are too close to horizontal K (kh) values. Tests conducted in 2009 by Leonard Rice Engineers, Inc. (Denver, Co.) in Twn. 2N., Rng. 66W., Sec. 18, arrived at a Ksb value of 36 ft/day (Miller, 2009). We believe 36 ft/day is more accurate because it was determined through rigorous aquifer testing and is approximately 10 times less than the Kh McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 1'; ✓tail: dctinis@11R i ancwatcr.com Web: l(u://www.nicarane atcrcusineeriuus.coin Derr Pit - Groundwater Modeling Report January 31, 2020 Page 5 of 24 value. A 10:1 Kh/Kv ratio is a common ratio used for alluvial aquifers. Therefore, to be conservative, we decided to reduce the connection to the river by using a Ksb of 36 ft/day. Based on average streambed widths measured from Google Earth (1/27/2017), we calculated a COND value of 396000 ft^2/day as shown in the table below. River Length (ft) Width (ft) (day^ Ksb/m -1) COND (ft^2/day) Poudre 200 55 36 396000 "Calibration "Results Figure 8 compares the modeled predevelopment water level to the target water level contours created from existing well data sets. In a perfectly "calibrated" model, the modeled and observed contours would overlap. The 4620 ft elevation contours and the 4640 ft contour on the western model boundary match very closely. There is some difference between the 4630 to 4660 ft contours in the central to northern model area. We feel that to pull the modeled contours further north would have involved increasing the model hydraulic conductivity (a measure of permeability) above what we consider reasonable. Therefore, we believe our modeled water table is likely more accurate than the predevelopment water table (white contour lines) target. The figure below compares the measured DWR water levels with output from the model (DerrSS3 run) at the cells containing wells. The plot shows that the model is very accurate (close to the line representing a perfect match of slope = 1) between the 4610 and 4640 foot elevation levels which includes the pits and most of the wells. Derr Pit Modeled verses Measured Water Levels 4680 4670 Modeled Water Table Elevation 4660 4650 4640 4630 4620 4610 4600 4590 • • S• • or • • Se • 4580 4580 4590 4600 4610 4620 4630 4640 4650 4660 4670 Measured Water Table Elevation Additional time could have been spent trying to improve the match so all the data plotted closer to the theoretically perfect line with slope of 1 shown. However, a perfect match is not possible McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 11 -Mail: (1c1111ls!«II1('.�.'rnulcwatcl'.cOI11 "Wet): «I):.1/ww 1'.II1('QraI1cn'a1crdult'lllccr11ur'.n)m Derr Pit - Groundwater Modeling Report January 31, 2020 Page 6 of 24 due to measurement error and annual and seasonal differences between measurements, so we do not believe the effort would result in more accurate model forecasts. Modeling Approach We conducted three "steady state" runs using the model; the first (DerrSS3) establishes the "predevelopment" water table (Figure 2) and aquifer thickness (Figure 5). We then use predevelopment run heads (ie. water table elevations) as input into the "impact" runs (DerrSS3_wPit and DerrSS3_wNDerrPit) with the pit cells off, to simulate post -slurry wall conditions. We calculated the change in water levels caused by slurry walls by subtracting the post slurry wall water table elevations from the predevelopment water table elevations. Through this process, we were able to create contour lines showing regional water table changes and tabulate "impacts" at individual wells. Water Level Changes Caused by Slurry Walls After both the Loloff and Derr pit slurry walls are installed, the model predicts that water levels will rise approximately 2.5 feet on the upgradient sides of the pits (Figure 9) and drop less than one (-1) foot on the downgradient (south) side of the pits. With the addition of the Derr Amendment slurry wall, the model predicts that water levels will rise approximately 3 feet on the upgradient sides of the pits (Figure 10) and drop up to -2.5 on the downgradient (south and east) sides near existing wells. Water levels between the Derr and the amendment slurry walls are expected to decline between -4 to -5 feet, but there are no private wells in that area. Predicted Changes at Private Wells Table 2 shows that if the Loloff and Derr slurry walls are installed, then ten wells could expect water levels to increase or decrease at least +/- 0.5 feet compared to predevelopment conditions. The maximum upgradient increase is approximately 1.6 ft at the Parker domestic well. The maximum downgradient decrease is -0.9 ft at the Taylor and Baab domestic wells. Table 2 also compares the modeled drawdown from predevelopment conditions to actual based on January, 2020 data (discussed below). Table 2 —Change in Water Levels Caused by Loloff and Derr Slurry Walls Well Location Well Owner (type) Well Permit Depth (ft) Modeled Predevelop- ment Depth to Water (I l Modeled Change in Water Levels (ft) Modeled Predicted Depth* (ft) Depth to Water (ft) 1/9/2020 Current Drawdown* from Predevelopment Conditions (ft) Upgradient Wells Koehler (Domestic) 314643 52 40.5 0.8 39.7 49.2 -8.7 Koehler (Stock) 314644 52 39.2 0.7 38.5 41.8 -2.6 Davis (Irrigation) 14960-R 101 38.8 1.0 37.8 47.2 -8.4 Parker (Domestic) 44673 72 35.9 1.6 34.3 42.5 -6.6 Harrell (Domestic) 226878-A 50 10.1 0.7 9.4 10.9 -0.8 Harrell (Irrigation) 287278 30 11.3 0.9 10.4 10.2 1.1 Ruland, Bud 42I-WCB 87 23.5* 1.4 22.1* ND ND Downgradient Wells Taylor (Domestic) 223885-A 44 9.9 -0.9 10.8 19.3 -9.4 Baab, A C (domestic) 620-WCB 45 9.3* -0.9 10.2* ND ND Orona (Domestic) 28174 ND 11.3* -0.7 12.0* ND ND Notes: ND = No Data *Calculated based on DEM data ground elevations McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 1'; Mail: (1Cnnis(ii?nact1'El emItLr.con1 Web: III),/v v '.C.inc£M 11Cvv SterLIILineeril L'.cOtis Derr Pit - Groundwater Modeling Report January 31, 2020 Page 7 of 24 Table 3 shows that if the Loloff, Derr and amendment area slurry walls are installed, then thirteen (13) wells could expect water levels to increase or decrease at least +/- 0.5 feet compared to predevelopment conditions. The maximum increase is approximately 3.2 ft at the Davis well and maximum decrease is -2.1 ft at the Murata well. Table 3 also compares the modeled drawdown from predevelopment conditions to actual based on January, 2020 data (discussed below). Table 3 - Change in Water Levels Caused by Loloff, Derr and Derr Amendment Slurry Walls Well Location Well Owner (type) Well Permit Depth (ft) Modeled Predevelop- meat Depth to Water (ft) Modeled Change in Water Levels (ft) Modeled Predicted Depth* (ft) Depth to Water (ft) 1/9/2020 Current Drawdown* from Predevelopment Conditions (ft) Upgradient Wells Koehler (Domestic) 314643 52 40.5 2.7 37.8 48.7 -8.2 Koehler (Stock) 314644 52 39.2 2.6 36.6 47.7 -8.5 Koehler (Irrigation) 11564-R 110 41.1 0.5 40.6 50.2 -9.1 Davis (Irrigation) 14960-R 101 38.8 3.2 35.6 47.2 -8.4 Parker (Domestic) 44673 72 35.9 1.4 34.5 42.1 -6.2 Harrell (Domestic) 226878-A 50 10.1 0.7 9.4 10.7 -0.6 Harrell (Irrigation) 287278 30 11.3 0.9 10.4 10.1 1.2 Hofner (Domestic) 13200-F 95 36.1 1.2 34.9 45.1 -9.0 Ruland (domestic) 421-WCB 87 23.5* 1.5 22.0* ND ND Downgradient Wells Taylor (Domestic) 223885-A 44 9.9 -0.9 10.8 18.0 -8.1 Murata (Domestic) 246784 80 39.5 -2.1 41.6 49.2 -9.7 Baab, A C (domestic) 620-WCB 45 9.3* -1.0 10.3* ND ND Orona (Domestic) 28174 ND 11.3* -0.8 12.1* ND ND Notes: ND = No Data *Calculated based on DEM data ground elevations Benefits of Slurry Walls Compared to Existing Conditions The installation of slurry walls benefits existing well owners by allowing pumping to cease so groundwater levels can recover. Tables 2 and 3 also show current dewatering at impacted wells on the right side of each table which was determined by subtracting the measured January, 2020 water level depths (AgPro, January, 2020) from the modeled depths at predevelopment conditions. The resulting current drawdown ranges from a positive 1.2 feet (mounding) at the Harrell irrigation well to -9.7 feet at the Murata domestic well. The current rise of 1.2 ft in the Harrell well is caused by the Loloff pit slurry wall as predicted by earlier modeling of impacts caused by the Loloff pit slurry wall (MWE, 2015). The Loloff slurry wall was expected to increase water levels approximately +1.5 ft at the Harrell well and cause a - 1.5 ft drop downgradient. Therefore, the existing maximum -9.7 ft "impact" caused by Derr pit dewatering at the Murata well location is 7.6 ft more (9.7 - 2.1 ft) than what was predicted by the model. Therefore, it would benefit Murata and all other vicinity well owners if BAI installs the Derr pit slurry wall as soon as possible to allow water levels to recover to the Modeled Predicted Depths shown in Tables 2 and 3. McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 I'; Mail: dcnnis@mcerancyvatcr.com Web: ut)://www.mcaancwatereimineerina.com Derr Pit - Groundwater Modeling Report January 31, 2020 Page 8 of 24 The predicted depth to water of 9.4 feet at the Harrell well is not a concern because he does not have a basement (per J&T Consulting 12-2-19). However, BAI should continue to monitor the Harrell well after the additional slurry walls are installed to validate the accuracy of the model. Model Sensitivity The modeled mound and drawdown impacts are insensitive to the permeability of the aquifer, referred to as the aquifer hydraulic conductivity (K). K is calculated by dividing the transmissivity (T) by the aquifer thickness. An increase in K causes a proportional increase in model inflows, but also increases the hydraulic connection with the Poudre River which offsets any additional mounding or shadow effects. Therefore, we would not expect any different results if the aquifer permeability were different to what we used in the model. The model results are likely very sensitive to the presence of the Poudre River, but there is no realistic chance that the Poudre river will cease flowing due to strict river administration by the State. Model results are insensitive to streambed leakance due to the relatively large distance that the Derr pit is away from the river. Even using a conservatively low Ksb value of 36 ft/day, the Poudre river bottom is sufficiently permeable to quickly respond to changes in groundwater levels caused by slurry walls. Model Uncertainty There is error in the predictions of any groundwater model. Models include three types of error: 1) conceptual error (how the model is set up and what boundary conditions are used); 2) parametric error (how aquifer properties are measured and calculated); and 3) predictive error (which includes other influences such as seasonal recharge or climate change variations). It was beyond the scope of this project to quantitatively evaluate how the sum of these errors could affect the accuracy of our predictions. However, we feel the model is accurate because: • The model input data sets including aquifer parameters and water levels were carefully created using the most recent data and historical research, modeling and USGS reports; • The aquifer boundary conditions and model conceptualization are simple and intuitively reasonable; • We spent a considerable time "calibrating" the model water levels to measured values; • The results were consistent with other vicinity models created for other clients, and • The results are insensitive to a wide variation to input parameters. Conclusions We conclude: • The model was constructed after considering all available hydrogeologic data. • The model is "calibrated" to private well data located near the vicinity of the Loloff, and Derr pits as shown by Figure 8 and in the calibration plot above. • Table 2 shows that if the Loloff and Derr slurry walls are installed, then ten (10) wells could be impacted. The maximum increase in water levels to upgradient wells is McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 GVlail: dennis@nwaTatievater.com Web: tit)://www.nicaTanewaterenainecring.com Derr Pit - Groundwater Modeling Report January 31, 2020 Page 9 of 24 approximately 1.6 ft at the Parker domestic well. The greatest downgradient decrease is - 0.9 ft at the Taylor and Baab domestic wells. • Table 3 shows that if the Loloff, Derr and amendment area slurry walls are installed, then thirteen (13) wells could be impacted. The maximum upgradient increase is approximately 3.2 ft at the Davis well, and maximum downgradient decrease is -2.1 ft at the Murata well. • The amount of current dewatering ranges from a positive 1.2 ft at the Harrell irrigation well to -9.7 ft at the Murata domestic well (Table 3). • The modeled drawdown caused by slurry walls is less than current drawdown conditions. Based on our evaluation and modeling, we strongly believe that installing a slurry wall around the Derr pit will improve existing groundwater conditions for all nearby private well owners because water levels will recover from existing conditions. After recovery, water levels will likely mound on the upgradient sides of the pits, but not enough to flood existing basements. Downgradient, existing wells will likely see lower water levels compared to preexisting conditions, but higher levels than today. We do not believe any downgradient wells will experience significant adverse impacts such as a measurable decline in well yield. Recommendations We therefore recommend that BAI should install a slurry wall around the Derr pit as soon as possible. This would allow ongoing dewatering to cease and water levels to recover. Full recovery could take 1 to 2 years. During the meantime, we recommend that BAI: • Continue to monitoring the 18 Derr monitoring wells and vicinity private wells on a monthly basis until the slurry wall is installed, and less frequent thereafter until recovery is complete; and • Although not anticipated, if upgradient mounding does cause any flooding, mitigate the situation by the use of sump pumps or drains. Sources AgPROfessionals, January, 2020. January, 2020 Offsite Private Well monthly WTE.pfd. Email from Matthew Koch (AgPros) to JC York, dated January 10, 2019. CDM-Smith, April, 2013. South Platte Decision Support System Alluvial Groundwater Model Report. Colorado Division of Water Resources (DWR) Well Data Base, 2019. https://dwr.state.co.us/Tools/WellPermits Hurr, R.T and Schneider, P., 1972. Hydrogeologic Characteristics of the Valley Fill Aquifer in the Greeley Reach of the South Platte River Valley, Colorado. USGS Open File Report 73-124. Langer, W. H., 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. McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 E - Mail: (lennis(iPmceranevvater.com Web: tw://cww.tncarane«alereimineerim.com Derr Pit - Groundwater Modeling Report January 31, 2020 Page 10 of 24 Lindsay, D.A., Langer, W.H., and Knepper, D.H., 2005. Stratigraphy, Lithology, 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, Colorado, Part B - Quality of gravel deposits for aggregate: U. S. Geological Survey Open -File Report 98-148-B, 24 p. McGrane Water Engineering, llc. December 2, 2019. Derr Pit Private Well Evaluation, a letter report prepared for Mr. JC York, J&T Consulting, Inc., Ft. Lupton, Co. McGrane Water Engineering, llc. July 13, 2015. Lo1off Pit — Slurry Wall Assessment, a letter report prepared for Mr. JC York, J&T Consulting, Inc., Ft. Lupton, Co. Professional Credentials The technical material in this report was prepared by or under the supervision and direction of Dennis McGrane P.E, C.P.G., whose seal as a Professional Engineer in the State of Colorado and American Institute of Professional Geologists (AIPG) Certified Profession Geologist (CPG) are affixed below: Dennis McGrane, P.E., C.P.G. McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 E -Mail: cknnisOmcgrattcwa(er.com Web: Up://www.iiwgaucwatc►rugriuccrilm.ccm► Derr Pit - Groundwater Modeling Report January 31, 2020 Page 11 of 24 TABLES Table Al — SEO Well Permit Data Contact Name Permit Well Type Easting (Co. State Plane N) Northing (Co. State Plane N) Use Well Depth (ft) Well Yield (gpm) Water Level when drilled (ft) Depth to Bedrock Derr Monitoring Wells BAI LLC - MW1 311484 Derr MW 3231569 1400025 Monitoring 55 NA 8 49 BAI LLC - MW2 311485 Derr MW 3232340 1400007 Monitoring 90 NA 9 85 BAI LLC - MW3 311486 Derr MW 3233128 1399995 Monitoring 89 NA 18 83 BAI LLC - MW4 311487 Derr MW 3233085 1400588 Monitoring 88 NA 12 79 BAI LLC - MW5 311488 Derr MW 3233001 1400946 Monitoring 86 NA 9 79 BAI LLC - MW6 311489 Derr MW 3232321 1401076 , Monitoring 94 NA 15 88 BAI LLC - MW7 311490 Derr MW 3231586 1401049 Monitoring 79 NA 17 76 BAI LLC - MW8 311491 Derr MW 3231575 1400711 Monitoring 85 NA 13 76 BAI LLC - MW9 311492 Derr MW 3231947 1401012 Monitoring 94 NA 15 86 BAI LLC - MW10 311493 Derr MW 3232630 1400963 Monitoring 89 NA NA 81 BAI LLC - MW11 311494 Derr MW 3232416 1400568 Monitoring 94 NA NA 85 BAI LLC - MW12 311495 Derr MW 3231940 1400054 Monitoring 79 NA NA 72 BAI LLC - MW13 311496 Derr MW 3232685 1400045 Monitoring 98 NA NA 84 BAI LLC - MW14 311497 Derr MW 3233468 1400239 Monitoring 120 NA NA NA BAI LLC - MW15 311498 Derr MW 3232582 1401465 Monitoring 119 NA NA 111 BAI LLC - MW16 314935 Derr MW 3234118 1400672 Monitoring 115 NA NA 113 BAI LLC - MW17 314936 Derr MW 3234121 1402469 Monitoring 120 NA NA NA BAI LLC - MW18 314937 Den -MW 3232034 1402495 Monitoring 114 NA NA 113 Min 55 8 49 Max 120 18 113 Average 95 13 85 DWR Wells Monitored By BAI RULAND, P L 44673 DWR Well* 3231413 1401790 Domestic, Stock 72 NA - 40 NA FRANCIS, ROBERT D 135883 DWR Well* 3230371 1399629 Domestic 32 40 NA NA NOFFSINGER MANUFACTURING CO INC 246784 DWR Well* 3233718 1400310 Domestic 80 15 44 NA HARRELL, BRIAN K 287278 DWR Well* 3230189 1400978 Stock 30 50 NA NA JAMES R KOEHLER REVOCABLE TRUST (KOEHLER, JAMES R) 314643 DWR Well* 3232902 1402696 Domestic 52 7 NA NA JAMES R KOEHLER REVOCABLE TRUST (KOEHLER, JAMES R.) 314644 DWR Well* 3233339 1402688 Stock 52 7 NA NA KOEHLER, CONRAD 11564-R DWR Well* 3232843 1403893 Irrigation 110 1200 35 NA BUSS, DAVID C. 12334 -R -R DWR Well* 3232791 1405182 Irrigation 90 600 48 87 WINTER, FRED J 13199-F DWR Well* 3234819 1405182 Irrigation 108 800 40 106 WINTER, FREDJ 13200-F DWR Well* 3234216 1402508 Irrigation 95 1200 30 NA SORIN NATURAL RESOURCE PARTNERS LLC 14960-R DWR Well* 3232767 1402519 Irrigation 101 1150 31 NA TAYLOR, JAMES A 223885-A DWR Well* 3231391 1399877 Domestic 44 10 11 41 HARRELL ELDON L & PATRICIA J 226878-A DWR Well* 3229993 1401079 Domestic, Stock 50 15 16 43 FRANCIS, ROBERT 26555-A DWR Well 3230476 1399537 Stock 44 20 7 42 FRANCIS, ROBERT D 30562-F DWR Well* 3230484 1399612 Irrigation 38.5 250 5 38. Min 30 7 5 38 Max 3230476 1399537 110 1200 48 106 Average 67 383 28 60 McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 E - Mail: Bennis uacuanewatcr.com Web: ttn://www.mcgrancwaterenpincerinv:.coni Derr Pit - Groundwater Modeling Report January 31, 2020 Page 12 of 24 Contact Name Permit Well Type Easting (Co. State Plane N) Northing (Co. State Plane N) Use Well Depth (ft) Well Yield (gpm) Water Level When drilled (ft) Depth to Bedrock Other DWR Wells In Model Area RIMKO 3204 DWR Well 3228214 1396580 Domestic 50 30 14 NA WALKER JOHN J&SON 3739 DWR Well 3237489 1396658 Domestic 24 15 NA NA BROUGHTON, FLORENCE 5099 DWR Well 3233573 1397085 Domestic 54 10 38 NA GOODFELLOW, BUD 8324 DWR Well 3228217 1397939 Domestic 35 60 11 NA SLAVENSKI, ELSIE L 9844 DWR Well 3233561 1396623 Domestic 36 10 9 NA HUNGENBERG, DONALD 14658 DWR Well 3231704 1405357 Domestic 79 16 36 NA VANBEBER, HAROLD 16038 DWR Well 3229214 1400242 Domestic 25 24 4 NA DYER, CLIFFORD R 19156 DWR Well 3226018 1399801 Domestic 29 75 12 28 WILLIAMS, MARTIN 20307 DWR Well 3228401 1398550 Domestic 23 50 6 NA BRAWNER, HOWARD 21555 DWR Well 3225604 1399409 Domestic 20 10 5 NA BIG R OF GREELEY 22150 DWR Well 3229084 1399816 Domestic 180 0.75 8 40 STOUT, LIDA 23312 DWR Well 3229119 1401436 Domestic 25 10 5 NA VANBEBER, HAROLD 25941 DWR Well 3229625 1400164 Domestic 31 50 2 NA ORONA, MANUEL 28174 DWR Well 3231731 1399758 Domestic 19 20 8 NA DAVIS, ROBERT S 28964 DWR Well 3236316 1400033 Domestic 48 20 30 NA DILKA, DONALD 44539 DWR Well 3229092 1401165 Domestic 34 25 3 NA THOMPSON ROBERT & NOFFSINGER MANU C 44981 DWR Well 3229529 1398925 Domestic, Stock 33 25 NA 27 PARKER, J A 45785 DWR Well 3228565 1404901 Domestic 80 15 NA NA CAMPBELL SCOTT & KIM 60123 DWR Well 3228254 1405985 Domestic 92 20 35 NA DYER, CLIFFORD R 72586 DWR Well 3227608 1401769 Domestic 46 20 4 NA CUMMINS, EDNA L 90572 DWR Well 3228621 1396641 Domestic 48 15 19 46 GLENDENNING, ED 105592 DWR Well 3235731 1398188 Domestic 60 15 12 NA SCHWEERS REX R & LUCILLE J 115380 DWR Well 3230000 1402914 Domestic 116.5 15 34 111 NICCOLI CHARLES E & JUDY M 123793 DWR Well 3239301 1402369 Domestic 99 30 40 NA ARNOLD, J 130671 DWR Well 3228228 1401687 Stock 14 NA NA NA DONOHO, JAYNA 158710 DWR Well 3225428 1407008 Commercial 70 12 45 66 UNITOG RENTAL SERV 169393 DWR Well 3227778 1398235 Monitoring NA NA NA 31 UNITOG RENTAL SERV 169394 DWR Well 3227780 1398534 Monitoring 15 NA NA NA ASSOCIATED NATURAL GAS INC 177161 DWR Well 3226922 1405821 Commercial 109 1000 53 109 ROTHE, TED 259513 DWR Well 3229043 1400920 Commercial 27 50 NA 27 JAY INVESTMENTS LLC 265613 DWR Well 3228289 1400217 Commercial 21 50 6 NA BLISS PRODUCE COMPANY 280641 DWR Well 3235033 1398515 Domestic 70 500 12 NA CITY OF GREELEY 307871 DWR Well 3228744 1398614 Monitoring 35 NA 7.5 NA CITY OF GREELEY PUBLIC WORKS 309494 DWR Well 3225755 1396146 Monitoring 34 NA 17 NA CITY OF GREELEY PUBLIC WORKS 313430 DWR Well 3228486 1397881 Monitoring 30 NA 16 NA MARTIN PRODUCE COMPANY 10924-F DWR Well 3227729 1398573 Commercial 46 350 18 29 FREI LUDWIG & LOUISE 11581-R DWR Well 3239224 1397871 Irrigation 25 NA 6 NA FREI LUDWIG & LOUISE 11582-R DWR Well 3239273 1398223 Irrigation 50 NA 22 NA GAIRIK INC 12038-R DWR Well 3225114 1406289 Irrigation 50 NA 22 NA GEHRING, CARL 12678-R DWR Well 3234937 1398223 Irrigation 30 NA 12 NA MEISINGER, FRED 12713-R DWR Well 3229107 1402411 Irrigation 50 18 15 NA BLACKWELL, MERLE E 12725-R DWR Well 3228607 1403951 Irrigation 73 300 14 NA HUNGENBURG MC FARMS LLLP 12798 -R -R DWR Well 3229456 1405087 Stock 116 1000 50 NA ARNOLD, 1 130671-A DWR Well 3228103 1401791 Stock 19 15 2.5 NA MURATA, GENE 13196-A DWR Well 3239571 1402335 Domestic 100 24 39 NA MIDEXCO, CONSTR 134824-A DWR Well 3230583 1399061 Domestic 35 15 7 29.5 PHAM HOANGYEN THI 137543-A DWR Well 3234184 1395990 Domestic 40 36 6 36 WALKER & SONS JOHN J 13884-R DWR Well 3238470 1397866 Irrigation 40 NA 5 NA VARRA COMPANIES INC 14869-R DWR Well 3238739 1397282 Irrigation 40 NA 18 NA ANDERSEN KENNETH & SANDRA 161382-A DWR Well 3234840 1397914 Irrigation 50 16 12 NA MONFORT PACKING CO 16885-F DWR Well 3225246 1405005 Industrial 69 1325 14 NA McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 1': Mail: dennis@tncaanewater.coui Web: ut)://www.ince:mnewaterent≥inceritw.com Derr Pit - Groundwater Modeling Report January 31, 2020 Page 13 of 24 Contact Name Permit Well Type East'arg (Co. State Plane N) Northing (Co. State Plane N) Use Well Depth (rt) Well Yield (RPM Water Level when driled (ft) Depth to Bedrock Other DWR Wells In Model Area (continued) MONFORT PACKING CO 16885-F DWR Well 3225246 1405005 Industrial 69 1325 14 NA MONFORT FEEDLOTS INC 18297-F DWR Well 3225410 1405019 Commercial 73 1320 14 72 MONFORT FEEDLOTS INC 18298-F DWR Well 3225403 1405094 Commercial 72 1400 14 71 MONFORT FEEDLOTS INC 18299-F DWR Well 3225307 1405176 Commercial 71 1400 14 71 MONFORT FEEDLOTS INC 18300-F DWR Well 3225389 1405242 Commercial 71 895 14 71 PLNG ASSOC 19089-MH DWR Well 3233577 1400588 Monitoring 39 NA 32 NA ZABKA FARMS INC 19426 -R -R DWR Well 3236873 1404716 Irrigation 100 800 42 NA CHURCH OF JESUS CHRIST 19427-R DWR Well 3238369 1404822 Irrigation 75 NA 29 NA CO INC 20193-F DWR Well 3226378 1399806 Industrial 41 220 15.5 33 CO INC 20194-F DWR Well 3226379 1399704 Industrial 41 180 13 31 WISCONSIN 2020-F DWR Well 3233936 1399267 Irrigation 25 NA 6 NA SHERLEY ANN MCELROY 205113-A DWR Well 3229024 1402006 Stock 45 15 6 NA STERNBERG, CLAUS B 224040-A DWR Well 3237133 1398612 Domestic 60 10 30 68 TONEY, THOMAS 23312-A DWR Well 3229063 1401514 Domestic 70 15 8 65 GREELEY LOCKER & MEAT CO 2368-F DWR Well 3230897 1399299 Commercial 30 30 4 25 PETERSON, W 2420-F DWR Well 3225594 1400822 Industrial 28 55 9 NA HANSON, EXCAVATING 24586-MH DWR Well 3237491 1397961 Monitoring 27 NA 7 NA MARTIN PRODUCE CO 25866 -F -R DWR Well 3225890 1399672 Commercial 30 350 14 30 ARNOLD, JERRY 269691-A DWR Well 3228110 1401217 Domestic 42 16 7.5 NA K S PROPERTIES LLC 276622-A DWR Well 3234856 1397917 Domestic 70 20 24 70 TRUYELLO, ARTHUR 2947-F DWR Well 3229570 1400697 Irrigation 21 400 6 NA DAVIS FARMS 374-WCB DWR Well 3236216 1401870 Irrigation 86 1200 31 NA TRIPLETT WOOLF & GARRETSON 37942-M DWR Well 3226324 1397784 Monitoring 22 NA NA NA TRIPLETT WOOLF & GARRETSON 37943-M DWR Well 3226376 1397902 Monitoring 22 NA NA NA TRIPLETT WOOLF & GARRETSON 37944-M DWR Well 3226461 1397909 Monitoring 22 NA NA NA TRIPLETT WOOLF & GARRETSON 37945-M DWR Well 3226554 1397736 Monitoring 22 NA NA NA TRIPLETT WOOLF & GARRETSON 37946-M DWR Well 3226556 1397864 Monitoring 22 NA NA NA ALLNUTT FUNERAL SERVICE 39156-F DWR Well 3225660 1396139 Commercial 38 15 14 NA TRIPLETT/WOOLF & GARRETSON 39173-F DWR Well 3226556 1397864 Other 42 NA NA NA RULAND, BUD 421-WCB DWR Well 3230928 1401974 Stock 87 10 40 NA OFFEN PETROLEUM 42443-MH DWR Well 3228228 1399337 Monitoring 15 NA NA NA ROXANNE L 4518 -R -R DWR Well 3234207 1406056 Irrigation 80 600 30 78 AIKENS GEORGE & CARLY 4595 -R -R DWR Well 3239584 1402279 Municipal 135 1040 39 134 REED, FRED 465-WCB DWR Well 3228249 1402137 Irrigation 25 NA 6 NA DINGEMAN, TOM 47086-MH DWR Well 3229549 1397940 Monitoring 40 NA NA NA DINGEMAN, TOM 47087-MH DWR Well 3229547 1396591 Monitoring 20 NA NA NA CHARLES WARREN TRUST 48096-F DWR Well 3239479 1406411 Irrigation 52 NA NA NA LEAFGREN 48096 -F -R DWR Well 3239476 1406365 Irrigation 49 900 18.5 49 CRAZY BEAR, KRISTA 5099-A DWR Well 3232950 1396045 Domestic 60 10 44 57 GREELEY CITY OF 51423-MH DWR Well 3236193 1398286 Monitoring 30 NA 14 NA BT CONSTRUCTION INC 59117-DW DWR Well 3225760 1404105 Dewatering 42 200 7 NA JUSTIN) 59216-MH DWR Well 3229376 1398424 Monitoring 30 NA 29 NA CITY OF GREELEY PUBLIC WORKS 59488-MH DWR Well 3228486 1397881 Monitoring 30 NA 16 NA BAAB, A C 620-WCB DWR Well 3231615 1400532 Irrigation 45 800 9 34 GREELEY HOLDINGS LLC 68387 -F -R DWR Well 3232566 1397720 Commercial 60 250 35 57 WATSON, JOHN 779-WCB DWR Well 3228194 1406111 Domestic 122 25 50 121 WILLIAMS, EWO 780-WCB DWR Well 3239367 1403876 NA 82 821 36 77 ADAMS LESTER & BERTHA E 78326-A DWR Well 3228967 1405702 Domestic 108 15 43 NA FARR FARMS 833-WCB DWR Well 3229547 1396591 Stock 15 10 6 NA SMITH DRY GOODS 835-WCB DWR Well 3225176 1398112 Industrial 36 10 15 NA MIn na na na na na 14 0.75 2 25 Max na na na na na 180 1400 53 134 Average na na na na na 51 262 19 58 McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 1': Vlail: (lennis(70inc ranewaler.con1 ‘Veb: lln://www.u1ummewatereueiueeriuLL.com Den Pit - Groundwater Modeling Report January 31, 2020 Page 14 of 24 FIGURES McGrane Water Engineering, LLC 1669 Apple Valley Rd. • Lyons, CO 80540 • Phone: (303) 917-1247 1': Mail: <lennis@mcgrane«ater.com Web: itt)://www.natuanewateremineeritm.com 65W i 158710 12038-R 18300-F 32 18299-F 18298-F 118297-F 16885-F 9117-DW r 37942-M 39156-F 177161 779-WCB 60123 78326--A 45785 12725-R 12798 -R -R 115380 /S. 72586 ' 1,\ 297435 13067123312 --AA 23312 /, 44539 226878-A 269691--A 7259513 • 2947-F 287278 10924-F 1693 265613 16038 22150 42443-MH 307871 31343 59488-MH `t -3p4 90572 25941 135883 13199-F 11564- �. 314643 314644 ----` 314937 13200-F • 14960TR.. 21-WCB 44673 "1S1149r Y �. 311490 311489 3114881 sm. saw a 3192 311493 1.908q1-MH 1314935 31149' 311494 311487 246784 31148 311495 31146 223885-A �' S a 311497 4 311485 311486 _ 30562-F n • 620-WCB 28174 26555-A p 44981 2368-F 471: -MH 833-WCB Jr 68387-F-R a• • 1314936 1 280641 105592 51423-MH 11582-R 24586-MH 13884-R 5099--A 137543--A- 224040--A 19426 -R -R 28964 3 _s. 48096-F 48096 -F -R 19427-R 780-WCB 13196--A 123793 4595 -R -R 11581-R 14869-R Feet 3,000 Figure 1 Study Area and Wells Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, J&T Consultants, ESRI World Topo Map Map Legend Derr Monitoring Well Derr Pit Amendment Monitoring Well Registered Well Used for Monitoring d NNW DWR Water Well Well points labeled with DWR permit number. Model Extent Loloff Pit with Slurry Wall Derr Pit with Planned Slurry Wall (2020) Derr Pit Amendment with Future Slurry Wall Date: November 22, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft MtGra�e Water Engineering, LLC I 65W 29 28 KI 27 26 4646 I 4643 ----------- 4606 A 437 4638 32 4636 4637 -4636 04640 4642 4639 4633 U 4647 4637 4637 4634 A2Lass1 4652 z, 4665 4626 4639 4637 A 4632 ,\ 4638 4630 U 4634 4635 4644 4636 4623 4631 L\ 4635 4624 A 4636 4631 NA • 4635 4632 4632 4627 A 4606 4630 4629 ' 4625 4625 4631 NA 4614 4626 i i� 4632 • 4635 • Qg NA NA 4639 • ow a .L, a - a • 4 .41622 4631 4624 4628 4629 4630 4627 4638 633 Q9 4639 Qa 4583 4594 1 1 1 1 s. 4632 4619 9 4598 4648 4635 • 4637 4625 4611 4614 4601 4615 4630 4613 4614 4615 /\ 34 4629 4598 4616 4640 4631 4618 0 653 I 4128 4617 4634 4598 A 1,500 Feet 3,000 I Figure 2 Surficial Geology and Predevelopment Water Table Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, USGS 10m DEM (National Map),Tweto Geologic Map of Colorado (1979), ESRI World Topo Map Map Legend 0 Point Where Contour Crosses River (10m DEM) Registered Well Used for Monitoring DWR Water Well Water Table Elevation Contour Based on Well Data Contour Interval = 10' Well points labeled with SWL elevation Note: Water table elevation at wells are estimated based on subtracting the depth to water from the estimated ground elevation based on 10m DEM data. a rn 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 State Plane North, ft I 12038-R I (50) idii 14* 2420-F (28) 20193-F 25866 -F -R (41) (30) 83t-WCB 136) 20194-F (41) 37943-M (22) 37942-M (22) 39173-F 37945-M(42) (22) 779-WCB (122) 130671--A (19) 269691--A (42) Figure 3 37944-M (22) 37946-M (22) Vicinity Well Depth 78326--A (108) Pro 12798 -R -R (116) 12725-R (73) 465-WCB (25) 42443-M H (15) 12713-R (50) 205113--A (45) 23312--A (119) (70) 226878-A 311490 111491 2947 F (50) (79) (94) 287278 (21) (30) 311491 I (85) ' 620-WCB - (45N 135883 (32)� 2368-F (30) 223885-A 26555-A/ (44) (44) 59216-MH (30) 47086 -MN 40) 59488-MH (30) Derr Pit Weld County, Colorado 134824--A (35) '.- 833-WCB (15) 47087-MH (20) _. Pi' Sources: CDSS Well Permit Database 100119, Tweto Geologic Map of Colorado (1979), ESRI World Topo Map 30562-F (38.5) -- — Imp CMS= --- Ole -- 19426-R-R (100) toto-L\ �t 374-WCB (86) 2020-F (25) 12678-R 51423-MH 311494 (94) 311495 3114 (79) (98) n - 65W 14937 11564-R (110) 421-WCB -"" (87) 44 73 311493 311489 (89) (7) (94) 311498 / 311488 (86) �• 311437 (88), I 4518 -R -R (80) 13199-F (108) 314936 (95) MW -17 ! (120) I 1314935 (115) 19089-M H (39) 311486 46784 311484 311485 (55) (90) 68387 -F -R (60) 5099--A (60) Map Legend Derr Monitoring Well 137543--A (40) Registered Well Used for Monitoring DWR Water Well Labeled with: DWR permit number (well depth) 276622--A (70) 224040--A (60) 24586-M H (27) 13884-R "'\..x(40) 13194--A (109) 459 R -R (145) 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 Engineering, LLC 1 65W 5 4623 4616 4612 <4600 <4625 4609 <4612 <4632 <4631 4 1 4580 (4578. <4626 4574 <4596 <4615 <4605 4597 4^ • <4616 .' 4621 <4614 <4603 <4603 4594 09 <4605 <4598 `:r , 4598 4609 Figure 4 Bedrock Elevation Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Hurr & Schneider (0E-93-124), ESRI World Imagery <4620 <4619 4556 O569 . • 4545 <4572 el "II <4594i I4567 `550 j r 4548 4555 11 I 4550 �.. 4550 11555 45 2 4548 46 54O'' <4583 4 454 •'Yv 4 582 4548 4551 • 97 <4617 4 <4567 1,S0a tU f S. Q' Feet 3,000 Map Legend Derr Monitoring Well Derr Pit Amendment Monitoring Well Registered Well Used for Monitoring DWR Water Well Each well point labeled with bedrock elevation. d (r 2 Model Extent Loloff Pit with Slurry Wall Derr Pit with Planned Slurry Wall (2020) Derr Pit Amendment with Future Slurry Wall Bedrock Elevation Contour (interval = 10') (Revised from Hurr & Schneider) Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft Engineering, LLC i 65W I 2.11 -Illeacitstiett 14" Err t I. ,;.. a. tita= - , •••-... . - 1Feet 3,000 Figure 5 Saturated Thickness of Alluvial Material Derr Pit Weld County, Colorado 9 irkI M1 . 33 30 ' 21 35 23 Map Legend Registered Well Used for Monitoring DWR Water Well Saturated Thickness (contour interval = 1O') *Modeled predevelopment water table minus bedrock elevation Each well point labeled with saturated thickness. L_ d f'� Derr Pit Model Loloff Pit Slurry Wall Derr Pit with Planned Slurry Wall (2020) Derr Pit Amendment with Future Slurry Wall Sources: CDSS Well Permit Database 100119, Hurr & Schneider (OF -93-124), ESRI World Topo Map Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft eihMIDAMOIMOWINMI c raneVater Engineering, LLC 1 2420-F (55) 20193-F 25866 -F -R (220) (350) 20194-F (180) 835-WCB (10) 779-WCB (25) 130671--A 269691--A (16) 78326--A (15) 12798 -R -R (1000) 12725-R (300) 12713-R (18) (15) 205113--A (15) 23312--A A, 226878-A (15) (15) 2947-F (400) 421-WCB (10) r 287278 (50) Figure 6 Vicinity Well Yield Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, ESRI World Imagery 620-WCB X00.. 11564-R (1200) 68387 -F -R (250) 5099--A (10) 4518 -R -R (600) 246784 (15) 13199-F (800) 276622--A (20) 137543--A (36) 374-WCB (1200) 19426 -R -R (800) 224040--A (10) a 4809 F -R (90 ) 1 Feet 1,500 3,000 .fi ntairsiritirk Map Legend Well with Yield Data (gallons per minute) A <15 ® 15-250 250 - 1000 1000 - 1200 Model Extent Loloff Pit with Slurry Wall in Derr Pit with Planned Slurry Wall (2020) 18 I Derr Pit Amendment with Future Slurry Wall Labeled with: DWR permit number (well yield) Only wells with well yield given in permit information ore displayed. Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft 65W Figure 7 Transmissivity Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Hurr & Schneider (OF -93-124), ESRI World Imagery Map Legend Model Extent Loloff Pit with 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 N Feet 3,C00 Modeled Transmissivity (1000s gpd/ft) < 50 50 - 100 100 - 200 200 - 300 300 - 432 '.� Transmissivity Contour fom Hurr & Schneider (Contour intervals varies, 1000s gpd/ft) Engineering, LLC 65W i z z :n (4638 4• 7$4637 6364636 4639 4633 4637 4637 4651 4652 nos 4634 O 4644 l 4632 4632 4614 4636 4635 4632 Figure 8 Water Table Elevation Comparison Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Modeled Output, Hurr & Schneider (OF -93-124), ESRI World Topo Map vio Iwo 4632 4619 4629 4630, 4627 Map Legend Model Extent Loloff Pit with Slurry Wall rn 4615 4613 Derr Pit with Planned Slurry Wall (2020) Derr Pit Amendment with Future Slurry Wall Each well point labeled with water table elevation. Date: November 9, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft t Feet 1;500 3,000 A DWR Water Well Registered Well used for Monitoring Modeled Water Table Elevation Contour (Contour Interval = 10 feet) Water Table Elevaiton Contour (Contour Interval = 10 feet) Revised from Hurr & Schneider 65W eeley 29 28 27 PLEASANT VALL EY 26 ey 1587.10 1 - 12038-R 183 00 -F8299 -F 18298-F an 18297-F 16885-F C 59117-DW A 2420-F A 779 -WC B 177161 32 EO 460123 78326--A A 12798 -R -R 45785 F 812725-R Al 115380 A 0.5 - - 12713•R 465-WCB 130671••A 421-WCB � �z05113--A � /r44673� _ 72586 A AA 130671 23312 23312--A , 269691•-A A ki A 226878-A 259513 A 445391 • .� 2947-F A 287278 265613 16038 a E 14658 19156 20193-F 5866 -F -R A 21555 20194-F 1111111i ° 47 835-WCB1 II 169394 20307 cA 37943-M 37QA 4. Ail A 169393 47086-M H A A1 1 •25941 223885-A�_Iu-620=WCB 22150 135883 30562-F • AA 28174 42443-MH • 2368-F 26555-A A 4 -0.5 44981 A 134824--A 10924-F ' 307871 I11 Ai 59216-MH 12334 -R -R . 11564-R • 314643 314644 14960_R , ' - \ 13200-F 3 4 4518 -R -R A 13199-F . 37942-M a 37946-M 8324 A x,313430 � 39173-F' 59488-MH 37945- 68387 -F -R A A 19089-MH 111 0:401r iL*' 309494 39156-F I► a a ., p r 12th St a JU1111_s; tl11, 1 tt- t lOths •'I< a 3204 90572 . A A 833 -WC B 47087-MH 4 1t II I !s..1 ----------- Sall --- ---- 9 E 16th St Q . 246784 2020-F A 4464 ,• 280641 12 A 105592 678-R A 161382-A A 276622--A 5099 A 9844 A _ dLnty R,.4 64 _ aiPm•- -- — —.t_ - - --- - - 34 19426 -R -R A 374-WCB A 28964 A 3 51423-MH A 5099--A 137543--A Imm Linn Gaon 0 3739 c • 7th St 10 19427-R A 48096-F 48096; F -R 1 I 1 135 1 2- 1 780 -WC B Al I PLEASANT ":i Sand C,@e* 224040--A A 24586-M H A A i 123793 ♦ 131964 13884-R 11582-R ♦ 1 l 11581-R A 14869-R S ! Feet 1,500 3,000 11 Figure 9 Change in Water Levels Due to Loloff and Derr Pit Slurry Walls Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Modeled Output, ESRI World Topo Map Map Legend Model Extent Change in Water Level Contour 'Na'-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 Water' Engineering, LLC 65W qeeley unction 29 28 27 PLEASANT VALL EY 26 ey 158710 12038-R 18300 -F8299 -F 18298-F a 18297-F 16885-F 59117-DW A z &- 779 -WC B 177161 A 32 4 ,so12s 78326--A A 12798 -R -R 45785 A F s12725 -R A 465 -WC B 115380 A 12713-R A .205113--A 1 ; ' 1306 71 23312 23312--A, 269691--A A 226878-A A 259513A 44539 \ ' • `` 2947-F A 287278 265613 16038 . - 25941 223885-AJt 22150 30562-F ' sAik62 8W 4B 42443-MH 135883 .. 2368-F A 26555-A A 44981 A 134824--A 10924-F aiQ, 307871 � A �� I 59216-MH t 169394 20307 � 835-WCB �' � -srr A 169393 m 37943-M 3704446•M 47086-MH 37942-M 439173-F' 8324 x.313430 3759488-MH 37945-M j .. 2420-F A, a 130671--A 72586A % \r"4-5 a 19156 20193-F c 25866 -F -R AA A I A21555 20194-F tOSt _ E 2 14658 A 33 0.5 .. 1 446731 14960:k, 1 MI by Sums* Palk a a 2 3204 * 309494 39156-F V t,t _ 421-WCB a's • a !NM!! la_ MM."! a. !Magee alga Sa as a a a ea 1 12334 -R -R r 11564-R 1:5 314643-314644 • _ • 13200-F 4518 -R -R 13199-F r 1 .4- 1 19089MH 246784 2020-F -0.5 68387 -F -R A 3 12th St 90572 A A 833-WCB 47087-MH a---- -------- -- -------- ------------- a S 'a' mot :04111 ie:iriet, Cco S; 6, rw's is • 16th ltirsui- go. I .danit R s I I • • 9 II / C • Figure 10 Change in Water Levels Due to Loloff and Derr and Derr Amendment Slurry Walls Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 1OO119, Modeled Output, ESRI World Topo Map E 16th St _ a r ? l � s• e 4664 R 280641 A 105592 12678-R A 161382-A A 276622--A 5399 _ A 9844 A 34 19426 -R -R A 374-WCB A 28964 A 51423-MH A ad f,, _ n utIty Redo 61 19427-R A 48096-F 4 48096 -F -R 3 780 -WC B All PLEASANT Sand Cree 4 224040--A A 123793 13196 4595 -R -R t i • • 11582-R 24586-MH A 13884-R A 5099--A 137543--A $ ep i 4, } a Linn Own r 1 =.t 10 A A 11581-R A 14869-R1 i I AI i 3739 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) Derr Pit Amendment with Future Slurry Wall 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 4i Mc rane Wate Engineering, LLC November 15, 2019 Mr. David Bliss 13165 E County Line Road Longmont, CO 80504 Via U.S. Mail with Return Receipt RE: Broken Arrow Investments, Inc. — Derr Pit — Weld County 2MJUSR19-08-1660 Amendment Meeting Request to Discuss Ground Water Modeling and Other Issues Dear Mr. Bliss, Broken Arrow Investments, LLC is requesting a continuance of the upcoming November 20, 2019 Board of County Commissioners (BOCC) Hearing to March 25, 2020 to allow additional time to resolve issues raised by you and other mine neighbors prior to meeting with the BOCC. We understand that you have withdrawn your objections to the mine expansion by an August 19, 2019 email from your attorney Sean M. Stewart. Broken Arrow Investments, LLC, would nevertheless, still be happy to meet with you to explain and discuss the results of the modeling for the proposed Derr Pit Amendment, as well as to discuss any of the other issues listed below. Issues that were identified in your objection letters at the Planning Commission and Board of County Commissioners Hearing included the following: • Noise • Dust Control • Groundwater • Traffic We have been monitoring wells from the neighbors that allowed access to their wells. This was done to acquire more data to support our groundwater modeling efforts. Water levels have remained relatively constant during the monitoring thus far. We have attached the well monitoring information to allow you to review it prior to any meeting. We will follow up with you shortly to see if you wish to meet, and if so, to schedule a convenient time. Sincerely, Kelly Hodge Phone: (970) 566-5090 Broken Arrow Investments, LLC Attachments Neighbor Wells — Monitoring and Water Levels Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, Colorado 80631 November 14, 2019 Mr. Rocky Francis 701 Balsam Avenue Greeley, CO 80631 Via U.S. Mail with Return Receipt RE: Broken Arrow Investments, Inc. — Derr Pit — Weld County 2MJUSR19-08-1660 Amendment Meeting Request to Discuss Ground Water Modeling and Other Issues Dear Mr. Francis, Broken Arrow Investments, LLC is requesting a continuance of the upcoming November 20, 2019 Board of County Commissioners (BOCC) Hearing to March 25, 2020 to allow additional time to resolve issues raised by you and other mine neighbors prior to meeting with the BOCC. Broken Arrow Investments, LLC would like to meet with you to explain and discuss the results of the modeling for the proposed Derr Pit Amendment. We would also like to discuss the other issues listed below with you to come to resolution on mitigation of the issues. Issues that were identified in your objection letters at the Planning Commission and Board of County Commissioners Hearing included the following: • Noise • Dust Control • Groundwater • Traffic To review where things currently stand, Broken Arrow Investments, LLC has completed well inspections on the Francis irrigation and stock wells. The Francis irrigation well testing indicated this well has an 85% plugged well screen so flow is constricted. Inspection of the Francis stock well revealed that the column pipe was rusted and broken from the pump discharge so the motor could not be removed. In our recent conversations you have indicated that you would prefer to re -drill the existing domestic well rather than rehab the existing stock well. You also indicated that you would like to re -drill the domestic well deeper if possible, but that you would cover the cost of drilling beyond the depth of the existing stock well. To facilitate cost -sharing, we have requested an updated cost breakdown from Quality Well and Pump for drilling to bedrock which, is likely 40 to 50 feet, and then for going deeper to a depth of 175 feet. We are awaiting their response. We have also requested pricing for your other property where the existing domestic well is not accessible as it is in the basement of the house. The price breakdown for this well re -drilling will be presented the same way. Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, Colorado 80631 RE: Broken Arrow Investments, Inc. — Derr Pit — Weld County 2MJUSR19-08-1660 11/14/19 -2- We have been monitoring wells from the neighbors that allowed access to their wells. This was done to acquire more data to support our groundwater modeling efforts. These levels have remained relatively constant during the monitoring thus far. We have attached the well monitoring information to allow you to review it prior to our meeting. We will follow up with you shortly to schedule a convenient time to meet. Sincerely, Kelly Hodge Phone: (970) 566-5090 Broken Arrow Investments, LLC Attachments Neighbor Wells — Monitoring and Water Levels Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, Colorado 80631 tit 10 el November 14, 2019 Mr. Jerry Winters 42 Willowcroft Drive Littleton CO 80123 Phone: 720-398-8849 RE: Ms. Dixie Ann Hofner 30300 Weld County Road 57 Gill CO 80624 Phone: 970-352-4654 Via U.S. Mail with Return Receipt Broken Arrow Investments, Inc. — Derr Pit — Weld County 2MJUSR19-08-1660 Amendment Meeting Request to Discuss Ground Water Modeling and Other Issues Dear Mr. Winters and Ms. Hoffner, Broken Arrow Investments, LLC is requesting a continuance of the upcoming November 20, 2019 Board of County Commissioners (BOCC) Hearing to March 25, 2020 to allow additional time to resolve issues raised by you and other mine neighbors prior to meeting with the BOCC. Broken Arrow Investments, LLC would like to meet with you to explain and discuss the results of the modeling for the proposed Derr Pit Amendment. We would also like to discuss the other issues listed below with you to come to resolution on mitigation of the issues. Issues that were identified in your objection letters at the Planning Commission and Board of County Commissioners Hearing included the following: • Noise • Dust Control • Groundwater • Traffic We have been monitoring wells from the neighbors that allowed access to their wells. This was done to acquire more data to support our groundwater modeling efforts. Water levels have remained relatively constant during the monitoring thus far. We have attached the well monitoring information to allow you to review it prior to our meeting. We will follow up with you shortly to schedule a convenient time to meet. Sincerely, Kelly Hodge Phone: (970) 566-5090 Broken Arrow Investments, LLC Attachments Neighbor Wells — Monitoring and Water Levels Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, Colorado 80631 Er 0d November 14, 2019 Mr. James Koehler 1001 East C Street Greeley, CO 80631 Via U.S. Mail with Return Receipt RE: Broken Arrow Investments, Inc. — Derr Pit — Weld County 2MJUSR19-08-1660 Amendment Meeting Request to Discuss Ground Water Modeling and Other Issues Dear Mr. Koehler, Broken Arrow Investments, LLC is requesting a continuance of the upcoming November 20, 2019 Board of County Commissioners (BOCC) Hearing to March 25, 2020 to allow additional time to resolve issues raised by you and other mine neighbors prior to meeting with the BOCC. Broken Arrow Investments, LLC would like to meet with you to explain and discuss the results of the modeling for the proposed Derr Pit Amendment. We would also like to discuss the other issues listed below with you to come to resolution on mitigation of the issues. Issues that were identified in your objection letters at the Planning Commission and Board of County Commissioners Hearing included the following: • Noise • Dust Control • Groundwater • Traffic Mr. J.C. York with J&T Consulting contacted Mr. Bickling in October and he indicated you had some health issues you were dealing with and would not be able to meet. Mr. York asked Mr. Bickling to contact us when you were better so we could meet to discuss the issues, however we have not heard back from Mr. Bickling. We hope you are doing well and are feeling better. We have been monitoring wells from the neighbors that allowed access to their wells. This was done to acquire more data to support our groundwater modeling efforts. These levels have remained relatively constant during the monitoring thus far. We have attached the well monitoring information to allow you to review it prior to our meeting. We have attached the well monitoring information to allow you to review it prior to our meeting. We will follow up with you and Mr. Bickling shortly to schedule a convenient time to meet. Sincerely, Kelly Hodge Phone: (970) 566-5090 Broken Arrow Investments, LLC Attachments Neighbor Wells — Monitoring and Water Levels CC: Mr. Mel Bickling via e-mail - mbick7077@outlok.com Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, Colorado 80631 Er Zoe• November 14, 2019 Mr. Brian Murata 29485 County Road 43 Greeley, CO 80631 Phone: 970-396-8700 Via U.S. Mail with Return Receipt RE: Broken Arrow Investments, Inc. — Derr Pit — Weld County 2MJUSR19-08-1660 Amendment Meeting Request to Discuss Ground Water Modeling and Other Issues Dear Mr. Murata, Broken Arrow Investments, LLC is requesting a continuance of the upcoming November 20, 2019 Board of County Commissioners (BOCC) Hearing to March 25, 2020 to allow additional time to resolve issues raised by you and other mine neighbors prior to meeting with the BOCC. Broken Arrow Investments, LLC would like to request a meeting with you to explain and discuss the results of the modeling for the proposed Derr Pit Amendment. We would also like to discuss the other issues listed below with you to come to resolution on mitigation of the issues. Issues that were identified in your objection letters at the Planning Commission and Board of County Commissioners Hearing included the following: • Noise • Dust Control • Groundwater We have been monitoring wells from the neighbors that allowed access to their wells. This was done to acquire more data to support our groundwater modeling efforts.Water levels have remained relatively constant during the monitoring thus far. We have attached the well monitoring information to allow you to review it prior to our meeting. We will follow up with you shortly to schedule a convenient time to meet. Sincerely, Kelly Hodge Phone: (970) 566-5090 Broken Arrow Investments, LLC Attachments Neighbor Wells — Monitoring and Water Levels Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, Colorado 80631 I o. November 14, 2019 Ms. Silvia Parker 211 N. Balsam Avenue Greeley, CO 80631 Via U.S. Mail with Return Receipt RE: Broken Arrow Investments, Inc. — Derr Pit — Weld County 2MJUSR19-08-1660 Amendment Meeting Request to Discuss Ground Water Modeling and Other Issues Dear Ms. Parker, Broken Arrow Investments, LLC is requesting a continuance of the upcoming November 20, 2019 Board of County Commissioners (BOCC) Hearing to March 25, 2020 to allow additional time to resolve issues raised by you and other mine neighbors prior to meeting with the BOCC. Broken Arrow Investments, LLC would like to meet with you to explain and discuss the results of the modeling for the proposed Derr Pit Amendment. We would also like to discuss the other issues listed below with you to come to resolution on mitigation of the issues. Issues that were identified in your objection letters at the Planning Commission and Board of County Commissioners Hearing included the following: • Noise • Dust Control • Groundwater • Traffic We have been monitoring wells from the neighbors that allowed access to their wells. This was done to acquire more data to support our groundwater modeling efforts. Water levels have remained relatively constant during the monitoring thus far. We have attached the well monitoring information to allow you to review it prior to our meeting. We will follow up with you shortly to schedule a convenient time to meet. Sincerely, Kelly Hodge Phone: (970) 566-5090 Broken Arrow Investments, LLC Attachments Neighbor Wells — Monitoring and Water Levels Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, Colorado 80631 I I a rr a m U.S. Postal Service'"' CERTIFIED MAIL® RECEIPT Domestic Mail Only rR a a a a u-) ra co Er a a a O a Er mTotal Postage and Fees $ $6.85 Sent To rq Street N Domestic Mail Only For delivery information. visit our website at www.usps.com'. GREtR. Y"+CG- 8 6 I Certified Mail Fee $ $3.50 pAra Services & Fees (check box. add fee ‘ErRatun Receipt thardcoPYl $ $fl _ 1i ❑ Reran Receipt leiecrronic) $ $0 .00...___ ❑Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ �___ . ❑Adult Signature Restricted Delivery $ --r— a co Er ra Postage $ $0.55 0392 21 Postmark Here \ 11/15/2019 Apt. No o4=1,a a i`T, < ' sot PS Form 3800, April 2C; 5 r U.S. Postal Service`"' CERTIFIED MAIL° RECEIPT Domestic Mail Only Sec Reverse for instructions For delivery information, visit our website at www.usps.com'. GR'E " Qn, F Certified Mail Feerr a=rvices & Fees .check box, add fee co 0 Return Receipt (electronic) $ .- a ❑ Certified Mail Restricted Delivery $ a I❑ Adult Signature Required $ O Adult Signature Restricted Delivery $ _-... (Postage l$ $3.50 $0.55 !Total Postage and Fees $ $6.85 0392 21 Postmark Here 11/15/2019 For delivery information, visit our website at www.usps.com'. GRElfe Y "Ca.3t 6 Certified Mail Fee $3.50 $ Extra Services & Fees (check bat, add fee teMn Receipt (hardcoPY) $ ❑ Return Receipt (eiectomcl $ ❑ Certified Mail Restricted Delivery $ _ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ ,ate) Postage $ Total Postage and Fees $0.55 $ $6.85 Sent To Diana Taylor Street and Apr. 665 Balsam Ave City, state, ZTPi Greeley. CO 80631-9714 PS Form 3800, April 2015 PS's! 7590+52-000-9('47 0392 21 Past neck Here 1Yf/2O19 See Reverse forinstructions ti m ul m rR o0 Er a a a a 7018 3090 r-i ' U, Er a a a a a Er a m co rq a m Q^ .2 - co U) Er a a a a a Er a m co I!! Sent To rl a fStrae a ERTI I Domestic Mail Only For delivery information. visit our website at www.usps.com . GREY; C896 Certified Mail Fee $3.50 Extra -,ra�"S"ervices & Fees (check box, add fee 7 ) �netum Receipt (herdeopy) $ ❑ Return Receipt iaiectronicl $ $0400 ❑ Certified Mail Restricted Delivery $ ❑ Mutt Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees $0.55 ` $6.85 Sent 0392 21 Postmark 1' 1 /1-512019 S- raox 5V, Yom' tv _�� Zl -4- O 3 U.S. Postal Service's' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Certified Mail Fee $ $3.50 0392 21 Postmark Here 11 /15/21319 Extra Services & Fees (check box, add fee 4 �' teturn Receipt (hardcopy) $ — A . V ❑ Return Receipt (electronic) S ❑Certified Mae Restricted Delivery S . _ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ ... Postage Total Postage and Fees s $6.85 SentTo _ or �, f- . rstree . , Sox IVo. City, ...r) 2115- , a iCr'' ka ./ -,, 7 i PS Form 3800, April 2015 ;5•. -. <".:u.., ,. See Reverse for instruction U.S. Postal Service"' CERTIFIED MAIL' RECEIPT Domestic Mail Only Fer +slivery information. visit .ur w -.sit at www.usps.c• ,m. SO Certified Mail Fee $3.50 $ 0392 21 Postmark _ Here d.I. -/2/2019 - .. Extra Services & Fees (check box, add fee ) Rieturn Receipt (hardcopy) $ 0 Return Re pt (electronic) $ ❑ Certified Mali Restricted Delivery 8 El Adult Signature Required $ ❑ Adult Signature Re+trk.tes Delivery $ Postage $I�.eI Total Postage and Felts $6.85 $ A Se II DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this 1 day of /Mit= , 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 ("Derr Pit") located at 590 North Balsam Avenue in Weld County, Colorado. BAI operates the Derr Pit as an active sand and gravel mine under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation, Mining, and Safety ("DRMS"). Loloff owns and operates the Loloff Sand and Gravel Pit ("Loloff Pit") located directly across North Balsam Avenue from the Derr Pit. Loloff operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985- 112. 2. GAR. BAI, and Loloff, hereinafter collectively referred to as the "Companies," have common, though not identical. interest in the matters addressed by this Agreement. DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27. 2018 (Revision No. AM0I) 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, 2MJUSR 19-08-1660, as the final authorization necessary to begin mining the Amendment Area. 5. Parker owns Parcel No. 096104200012 at 211 North Balsam Avenue ("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, 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 Parker's opposition to the USR Permit amendment is primarily, though not exclusively, based on its belief that existing mining operations at the Loloff and Derr Pits have negatively impacted a water well on the Property ("Parker well"), and that additional mining in the Amendment Area will exacerbate such impacts. 8. The Parties disagree as to whether and to what extent existing mining operations have impacted the well, and whether and to what extent mining in the Amendment Area will impact the well. 9. To address Parker's concerns, BAI has: researched the Parker well to identify potential impacts from past Loloff and Derr mining operations and hired a groundwater engineer to study the impacts from current and planned mining operations. BAI has shared the results of the research and study with Parker. BAI also hired Quality Well and Pump to provide a port to monitor the existing domestic well. 10. The Parties wish to resolve all outstanding issues through this Agreement. THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Parties agree as follows: COVENANTS AND CONDITIONS L Purpose of Agreement The purpose of this Agreement is to address Parker's concerns related to BAI's and Loloff s existing and planned mining operations, have Parker withdraw its opposition to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues and obligations between Parker and the Companies related to operations at the Derr and Loloff Pits. This Agreement is further intended to facilitate BAI's efforts to obtain final authorization from Weld County to expand its mining operations into the Amendment Area. II. Identification of Concerns Parker identifies the following concerns as the basis for its objection to the Derr Pit expansion: A. Noise Parker has concerns about noise that will be generated by operations. B. Dust Parker has concerns about dust that will be generated by operations. C. Traffic Parker has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles. 2 D. Water Well Parker has one well on Parcel No. 096104200012 (domestic) that Parker believes could be impacted by the operations. Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits. III. Obligations of the Parties To fully and completely address Parker's concerns regarding BAI's and Loloff s past and planned mining operations: to allow Parker to withdraw its objections to BAPS 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. BAl and Loloff 1. Noise a. BAl shall comply with all applicable noise requirements contained in amended USR Permit No. 2MJUSRI9-08-1660, State laws, and local ordinances. BAl 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. Dust a. BAI shall comply with all applicable dust requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. 13AI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment. b. Loloff shall comply with all applicable dust requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which specifically address particulate emissions (dust) from the pit and associated mining equipment. 3 3. Traffic a. BAI will comply with all applicable traffic requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. BAI will ensure that drivers servicing the Derr Pit utilize only designated haul routes. b. Loloff will comply with all applicable traffic requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff will ensure that drivers servicing the Loloff Pit utilize only designated haul routes. 4. Water Well a. BAI shall perform monthly monitoring on the Parker well that Parker continues to operate after execution of this Agreement, provided Parker grants access to do so in accordance with Paragraph III.B.3. hereof. Such monitoring shall consist of measuring the static water level in the well. BAI shall send the monitoring results to Parker each month by certified mail. b. If monthly monitoring shows that the water level in the existing domestic or stock well on the Property gets to a level where pumping is no longer possible. BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to check the pump in the affected well and repair to allow continued production. During the time the well is out of service BAI would pay the North Weld Water District water bill and assist with plumbing changes to make the potable water available for the domestic well irrigation. B. Parker 1. Within seven days of the execution of this Agreement, Parker shall provide the Weld County Board of County Commissioners a letter withdrawing her objections to BAI's efforts to amend the USR Permit. 2MJUSR19-08-1660, to allow mining in the Amendment Area. Parker's withdrawal letter shall be substantively similar to the draft letter contained in Exhibit B to this Agreement. Parker shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment Area. Parker shall not, to a Government Authority or otherwise, protest. condition, delay, prevent, or oppose in any way such efforts by BAI, or encourage or facilitate others to do so. As used in this Agreement, "Government Authority" includes the Weld County Board of County Commissioners, and any other 4 federal, state. or local entity with authority to authorize, regulate, police, or oversee BAI's mining operations. For the Term of this Agreement. Parker shall provide BAI representatives access to the Parker well during reasonable business hours to perform the monitoring required under Subparagraph 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, Parker shall first contact Loloff or BAI with any issues or concerns regarding operations at the Loloff or Derr Pits, including the Amendment Area, before contacting any Government Authority. The purpose of this initial contact is to allow Loloff or BAI to address Parker issues or concerns before involving others. Loloff and BAI designate the following individual as the contact person for purposes of this provision: Kelly A. Hodge hallod 'e 1 U t' )I11Cd• .net 970-566-5090 IV. Conditions Precedent � �I A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs III.A.1. through 3. hereof, to the extent not already required by applicable law, shall commence upon execution of this Agreement, except that obligations relating to the Amendment Area shall be triggered by commencement of mining operations therein. B. BAI's obligation to perform the monitoring required by Subparagraph III.A.4.b., hereof, shall commence on the execution of this Agreement and continue throughout its Term so long as Parker provides access to the well as specified in Paragraph III.B.3. of this Agreement. V. No Admissions By entering this Agreement. no Party makes any admissions as to the possible effects of existing and planned mining operations on the Parker well. VI. Term The Term of this Agreement shall he 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 5 Nothing in this Agreement is intended to prevent Parker from asserting future claims regarding the Parker well to the extent such claims are supported by evidence establishing that the claims are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution of this Agreement, and that Parker 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. I). This Agreement has been negotiated between and among the Parties. each of whom had adequate opportunity to consult legal counsel. Therefore, this Agreement shall not be interpreted against any Party as the "drafter." but shall be construed in a neutral manner. E. This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior negotiations. understandings, conversations, correspondence, and agreements between the Parties. Unless otherwise set forth herein, this Agreement may not be modified or amended, except by a writing signed by all Parties. F. This Agreement binds the Parties, their successors. and assigns. No Party shall assign or transfer its interest in this Agreement without the prior written consent of the others, which shall not be unreasonably withheld. G. This Agreement may be executed in one or more counterparts. each of which shall be considered an original but all of which taken together shall constitute one and the same legal instrument. IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the date first written above. BROKEN ARROW INVESTMENTS, EEC, 6 BY: TITLE: LOLOFF CONSTRUCTION, INC. BY: TITLE: GLOBAL ASSETS RECOVERY, LLC BY: TITLE: Silvia Parker BY: TITLE: f=Gti',, 7 Exhibit A Amendment Area Map 8 P \07123 Derr Gravel Pit\Dravnngs\ExhibitsUTOverall Permits Exhibit dwg Permits 1/30/2020 2 35 47 PM .40 'I C r., ',t ( _ 1 ' F - , O' ` E C -STREET - �: '1_ , r s E - 4 ' ,1 i r '..7.. I 1 s PIT 1 4'- ` I_ c^ ERR IT s. AMEND E:-. T DERR IT { E_$TH STRE.ET, 1 I co WCR62 - C if _t r, 800 400 0 800 SCALE IN FEET 6 J&T Consulting, line. 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"=a00' Sheet 1 Of 1 Exhibit B Sample Letter to Weld County Board of County Commissioners 9 Ms. Barbara Kirkmeyer Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 bkirkme‘er a v eldgok .com RE: 2MJUSR I9-08-1660 -- 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) IzQ Mr. Jerry Winters 42 Willowcroft Drive Littleton CO 80123 Phone: 720-398-8849 Broken Arrow Investments, LLC 801 8th 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 mining. • 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 £x dab DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this day of , 2020 by and between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631; Loloff Construction, Inc. ("Loloff'), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631; Global Asset Recovery, LLC ("GAR"), whose address is 6530 Constitution Dr., Fort Wayne, Indiana 46804; and the James R. Koehler Revocable Trust ("Koehler") (collectively, the "Parties"). RECITALS 1. GAR owns the Den Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue in Weld County, Colorado. BAI operates the Den Pit as an active sand and gravel mine under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation, Mining, and Safety ("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 Den 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 authorization necessary to begin mining the Amendment Area. 5. Koehler owns Parcel No. 080333000017 at 1001 East C Street ("Property"), which lies immediately north of the Amendment Area. North Weld County Water District provides potable water service to the Property. 6. Koehler has opposed BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, in oral testimony before the Weld County Board of County Commissioners and in letters submitted to Weld County and entered into the record for the USR permit amendment proceedings. 7. Koehler's opposition to the USR Permit amendment is primarily, though not exclusively, based on its belief that existing mining operations at the Loloff and Den Pits have negatively impacted various water wells on the Property ("Koehler wells"), and that additional mining in the Amendment Area will exacerbate such impacts. 8. The Parties disagree as to whether and to what extent existing mining operations have impacted the wells, and whether and to what extent mining in the Amendment Area will impact the wells. 9. To address Koehler's concerns, BAI has: researched the Koehler wells to identify potential impacts from past Loloff and Derr mining operations and hired a groundwater engineer to study the impacts from current and planned mining operations. BAI has shared the results of the research and study with Koehler. 10. The Parties wish to resolve all outstanding issues through this Agreement. THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Parties agree as follows: COVENANTS AND CONDITIONS I. Purpose of Agreement The purpose of this Agreement is to address Koehler's concerns related to BAI's and Loloff's existing and planned mining operations, have Koehler withdraw its opposition to BAI's efforts to amend the USR Permit, 2MJUSRI9-08-1660, and fully resolve all issues and obligations between Koehler and the Companies related to operations at the Derr and Loloff Pits. This Agreement is further intended to facilitate BAI's efforts to obtain final authorization from Weld County to expand its mining operations into the Amendment Area. II. Identification of Concerns Koehler identifies the following concerns as the basis for its objection to the Derr Pit expansion: A. Noise Koehler has concerns about noise that will be generated by operations in the Amendment Area. B. Dust Koehler has concerns about dust that will be generated by operations in the Amendment Area. C. Traffic 2 Koehler has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles. D. Water Wells Koehler has three wells on Parcel No. 080333000017 (domestic, stock, and irrigation) that Koehler believes will be impacted by operations in the Amendment Area. Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits. III. Obligations of the Parties To fully and completely address Koehler's concerns regarding BAI's and Loloff s past and planned mining operations; to allow Koehler to withdraw its objections to BAI's efforts to amend the USR Permit 2MJUSR19-08-1660; and to facilitate BAI's expansion of operations into the Amendment Area, the Parties agree as follows: A. BAI and Loloff 1. Noise a. BAI shall comply with all applicable noise requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. BAI will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Den Pit, including the Amendment Area. b. Loloff shall comply with all applicable noise requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Loloff Pit. 2. Dust a. BAI shall comply with all applicable dust requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. BAI shall also comply with its Colorado Air Pollution Control Division permits for the Den Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment. b. Loloff shall comply with all applicable dust requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which specifically address 3 particulate emissions (dust) from the pit and associated mining equipment. 3. Traffic a. BAI will comply with all applicable traffic requirements contained in amended USR Permit No. 2MJUSRI9-08-1660, State laws, and local ordinances. BAI will ensure that drivers servicing the Derr Pit utilize only designated haul routes. b. Loloff will comply with all applicable traffic requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff will ensure that drivers servicing the Loloff Pit utilize only designated haul routes. 4. Water Wells a. BAI shall perform monthly monitoring on all Koehler wells that Koehler continues to operate after execution of this Agreement, provided Koehler grants access to do so in accordance with Paragraph III.B.3. hereof. Such monitoring shall consist of measuring the static water level in each well. BAI shall send the monitoring results to Koehler each month by certified mail. b. If monthly monitoring shows that the water level in the existing domestic or stock well on the Property gets to a level where pumping is no longer possible, BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to lower the pump in the affected well(s) to allow continued production. BAI shall pay the monthly North Weld County Water District water bill for the Property and assist in changing the plumbing to allow the potable water service to serve the domestic well irrigation and stock well watering for your property during the time the domestic or stock well are out of service. c. BAI has received a quote from Quality Well and Pump to upgrade and repair the existing irrigation well. BAI would propose to pay for Quality Well and Pump to conduct a pump test utilizing the existing equipment to determine what upgrade and repair needs to be completed on the existing well as soon as the ditches are cleaned per meetings with BAI and Koehler earlier this month. The repairs would also be paid for by BAI per the estimate from Quality Well and Pump. After repairs are made if monthly monitoring shows that the pumping rate in the existing irrigation well on the Property where the metered flow drops by 50 gpm BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to inspect and review the existing pump, motor, column pipe, screen, etc. to determine what the problem is for the affected well. Once the problems are determined BAI and Koehler will determine what repairs shall be provided by Quality Well and Pump to allow continued production. While the existing irrigation well is out of service BAI will provide supplemental water by renting CBT shares or other irrigation shares that can be used for irrigation to Koehler. B. Koehler 1. On the same day of the execution of this Agreement, Koehler shall provide the Weld County Board of County Commissioners a letter withdrawing his objections to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, to allow mining in the Amendment Area. Koehler's withdrawal letter shall be substantively similar to the draft letter contained in Exhibit B to this Agreement. 2. Koehler shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment Area. Koehler shall not, to a Government Authority or otherwise, protest, condition, delay, prevent, or oppose in any way such efforts by BAI, or encourage or facilitate others to do so. As used in this Agreement, "Government Authority" includes the Weld County Board of County Commissioners, and any other federal, state, or local entity with authority to authorize, regulate, police, or oversee BAI's mining operations. 3. For the Term of this Agreement, Koehler shall provide BAI representatives access to the Koehler wells during reasonable business hours to perform the monitoring required under Subparagraph III.A.4.b. hereof. 4. For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Koehler shall first contact Loloff or BAI with any issues or concerns regarding operations at the Loloff or Den Pits, including the Amendment Area, before contacting any Government Authority. The purpose of this initial contact is to allow Loloff or BAI to address Koehler issues or concerns before involving others. Loloff and BAI designate the following individual as the contact person for purposes of this provision: Kelly A. Hodge kahodge l @comcast.net 970-566-5090 IV. Conditions Precedent 5 A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs III.A.1. through 3. hereof, to the extent not already required by applicable law, shall commence upon execution of this Agreement, except that obligations relating to the Amendment Area shall be triggered by commencement of mining operations therein. B. BAI's obligation to perform the monitoring required by Subparagraph III.A.4.b., hereof, shall commence on the execution of this Agreement and continue throughout its Term so long as Koehler provides access to the wells as specified in Paragraph III.B.3. of this Agreement. V. No Admissions By entering this Agreement, no Party makes any admissions as to the possible effects of existing and planned mining operations on the Koehler wells. VI. Term The Term of this Agreement shall be from its execution until DRMS releases the reclamation bonds on the Loloff and Derr Pits, including the Amendment Area. Obligations created herein relating to only one of the pits shall terminate with the release of the reclamation bond for that pit. VII. Preservation of Future Claims Nothing in this Agreement is intended to prevent Koehler from asserting future claims regarding the Koehler wells to the extent such claims are supported by evidence establishing that the claims are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution of this Agreement, and that Koehler has provided continuous access for well monitoring as required in Paragraph III.B.3. hereof. VIII. General Provisions A. This Agreement shall be construed according to the applicable laws of the State of Colorado. Proper venue for any action to enforce the terms, or arising from the breach, of this Agreement is in Weld County, Colorado. B. Failure of any Party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not waive such term, covenant, condition, or right with respect to future performance. C. Partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 6 D. This Agreement has been negotiated between and among the Parties, each of whom had adequate opportunity to consult legal counsel. Therefore, this Agreement shall not be interpreted against any Party as the "drafter," but shall be construed in a neutral manner. E. This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior negotiations, understandings, conversations, correspondence, and agreements between the Parties. Unless otherwise set forth herein, this Agreement may not be modified or amended, except by a writing signed by all Parties. F. This Agreement binds the Parties, their successors, and assigns. No Party shall assign or transfer its interest in this Agreement without the prior written consent of the others, which shall not be unreasonably withheld. G. This Agreement may be executed in one or more counterparts, each of which shall be considered an original but all of which taken together shall constitute one and the same legal instrument. IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the date first written above. BROKEN ARROW INVESTMENTS, LLC, BY: TITLE: LOLOFF CONSTRUCTION, INC. BY: TITLE: GLOBAL ASSETS RECOVERY, LLC BY: TITLE: 7 James R. Koehler Revocable Trust BY: TITLE: 8 Exhibit B Sample Letter to Weld County Board of County Commissioners 10 Form 3.1 06/15/2014 s. Platte River - Division 1 970-352-8712 Fax 970-392-1816 810 9" Street, 2"d Floor, Greeley, CO 80631 dnr divtspgwm�state.co.us Republican River - Division 1 970-352-8712 Fax 970-392-1816 JAM For Office Use Only RECEIVED DWR 8-06-2015 0105390 KEB ❑ Passed O Failed ■ Variance Approved Date of variance Fta o o ,, _ ,, v ,, 4 ._,, Ar www.water.state.co.us 810 9'" Street, 2"° Floor, Greeley, CO 80631 dnr_div1rrgwm@state.co.us Arkansas River — Division 2 719-542-3368 Fax 719-544-0800 310 E. Abnendo, Suite B, Pueblo, CO 81004 Rio Grande River — Division 3 719-589-6683 Fax 719-589-6685 P.O. Box 269, 301 Murphy Drive, Alamosa, CO 81101 Designated Basins - Division 8 303-866-3581 Fax 303-866-2223 1313 Sherman St. Rm. 818, Denver, CO 80237 NOTICE OF TOTALIZING FLOW METER RE -VERIFICATION, INSTALLATION OR REPLACEMENT Check appropriate box • To be filed in Compliance with Rule 16.5 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the Republican River Basin (Complete pages 1-6) Diversions ■ To be filed in Compliance with Rules 3.1 of the Amended Rules Governing the Measurement of Tributary Ground Water in the Arkansas River Basin (Complete pages 1-5) Rio • To be filed in Compliance with Rule 3.1 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the Grande River Basin (Complete pages 1-5) ■ To be filed in Compliance with the Ground Water Commission Rules Governing Designated Basins (Complete pages 1-5) 0 To be filed in Compliance with Rule 3.1 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the South Platte River Basin (Complete pages 1-5) Reason for meter verification (Check all that apply): © Re -Verify Previously Verified TFM The following MUST be provided for new & replaced meters MI New TFM (No previous meter) Date New TFM installed: ■ Replacing Previous TFM (also complete area at right) Date Previous TFM removed: Previous TFM Serial No.: Previous TFM Reading (Estimate required if not readable): ■ Change in Measurement Method from: Hour Meter O Slave Meter ■ Power Co Meter O Previous Meter SN ■ Register seal replaced due to: New Seal No. Old Seal No. TFM Reading K -Factor (Test req'd. if changed) ■ Sensor / meter seal replaced due to: New Seal No. Old Seal No. TFM Reading Contact Well Name information: Owner Bryan Hoffner User (if not same as well owner) Name Barnard Geisick Mailing Address 30300 CR 57 Mailing Address 32879 WCR 51 City Gill State co Zip 80624 City Greeley State CO a Zip 0631 Phone 970-352-4654 Email Phone 970-396-2705 Email 1Ned Visit Ian and Location (Prlbvide Permit No. andfor Case or Decree No. if no WDID exists or is not known) Aquamap to find elf Information http:/Miater state.co.us/DataMaps/GlSandMaps/AquaMap/Pageslt efat ilt.aspx WDID Permit No. Water Court Case N0. Location (1/4,'/4, Sec., T., R., PM) Well GPS Coordinates must be in NAD83. UTM Zone 12/13N Northing Easting 0105390 13199-F NW-SW34-6N65W , 1, /4N1 4476926.5 — a9145 DWP TESTER 529145 W0607 DWR GPS 4476933 529149.0 Power Supply ❑ Electric • Artesian • Solar 0 Windmill O Fossil Fuel O Other (describe): Provide the following if the well's power supply is electric: Power Company Name nPower Company Service No. Meter Manufacturer n/a n tanufacturer's Serial No. Power rotating Company Meter Reading on Date of Test (including all and leading zeroes): n/a Multiplier n/a Number of Rotating Digits: n/a Uses on power company meter: Does •Yes the same Power Company Meter serve other devices, including other wells/pumps? If yes, describe system. nNo Colorado Division of Water Resources LOWER POUDRE AUGMENTATION COMPANY WDID 0103397 www.water.state.co.us TESTER: D. CRITCHFIELD Effective 06/01/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 2 of 6 INSTALLED TFM INFORMATION Manufacturer McCrometer Model No. n/a Sensor/Meter Serial No. Reading on Test Date Meter GPS Coordinates t f not same _ as well coordinates} NAD83 UTM Zone 12/13N 08-8-1041 534633 Northing:4476926.5 Register Easting: 52914.5 Meter Type horizontal Meter Size 8 Multiplier .001 No. of recording digits 6 Meter Units Gallons Ix Ave Feet ri Cubic Feet Other, describe: II Meter Orientation Diameters of Straight Pipe Diameter of Discharge Pipe x Horizontal Vertical Upstream Downstream ID OD 62" 34" 7.731 8.0 Is the meter installed to manufacturer's specifications? El Yes n No If no, explain: TEST METER INFORMATION Test Meter Manufacturer: Fu Fuji Test Meter Serial Number: N4P1245T Date of Last Calibration: 7/20/2015 Meter Orientation Pipe Wall Thickness Diameters of Straight Pipe Diameter of Discharge Pipe fI Horizontal (� Vertical .134 Upstream Downstream ID OD 82" 13" 7.731 8.0 Verification of Installed Meter (if more than one meter tested for same discharge, show all tests. Use second sheet if necessary): Date of Test: 8/3/2015 Time of Test (Begin): 1415 Length of time pump has been running prior to Tester's arrival: 24 : 00 (HH:MM) Test Meter Calculations (Show All Work) Installed Meter Calculations (Show All Work) Collins Gauge: GPM Factor: Stop Clamp Settings: Ultrasonic Tranducer Space Settings: Test Meter Calculations: Start: 00000 Finish: 8677.8 Test meter is reset to zero before testing begins. 15.78 minute test produced 8677.8 total gallons. 8677.8/15.78 = 549.92 gpm Installed Meter Calculations: Start: 534653 Finish: 534679 = .026 acre ft 325851 x .026 = 8472.126 8472.126 / 938 seconds = 9.032 gps 9.032 X 60 = 541.92 gpm ExistingK-factor Adjusted K -factor Flow rate with Collins tube removed: (Show Q to the nearest 0.00 GPM) Avg Ql: 541 . 9 2 (Show Q to the nearest 0.00 GPM) Avg QT: 549 . 9 2 Correction AVG QT 549 9 2 Factor AVG QI 541 9 2 1 0 1 4 Shown to the nearest 0.000 Colorado Division of Water Resources vvww.water.state.co.us Effective 06/15/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 3 of 6 If Correction Factor is: Div. 1, Div. 2 and Republican River Correction Factor Policies Div. 3 Correction Factor Policies 0.950 to 1.050 Test will be valid for a maximum of four years. The installed TFM is in accurate working condition. No Request for Variance is required. No Correction Factor is Applied to determine diversions. 0.920 to 1.051 to OR 0.949 1.080 Test will be valid for a maximum of four years. The Variance Request to Use Correction Factor portion of this Form must be completed and signed by the Owner/User. *Note: A Correction Factor will be applied to determine diversions. May grant a request for a variance to allow the use of a Correction Factor. Test will be valid for one year from the date of the test. A variance will be allowed for a maximum of three years, after which the TFM must be repaired or replaced AND a new Test conducted. That Test must confirm accuracy within ±5.0%. The Variance Request to Use Correction Factor for TFM portion of this Form must be completed and signed by the Owner/User. *Note: A Correction Factor will be applied to determine diversions. 0.900 to OR 1.081 to 0.919 1.100 Test will be valid for one year only. No later than one year from the date of this Test the installed TFM must be repaired or replaced AND a new test conducted that confirms an accuracy of within ±5.0%. The Variance Request to Use Correction Factor portion of this Form must be completed and signed by the Owner/User. *Note: A Correction Factor will be applied to determine diversions. Test will be rejected and the installed TFM must be repaired or replaced AND a new Test conducted. The second Test must confirm an accuracy of within ±5.0%. If TFM fails test and is re -calibrated (k -factor modified), show failed Test, indicate below k -factor before and after, AND show new test on additional duplicate page (include failed and passed test page 3). <0.900 OR >1.100 Test will be rejected and the installed TFM must be repaired or replaced AND a new Test conducted. Uses through this totalizing Does well have multiple discharges flow meter: Check all that 0 Open to one measured through TFM? all discharges One well pumps apply: ❑ Pressure ❑ Artesian ❑Other open discharge ■ Yes O No Use this space to describe Meter Testing: How was the well/meter tested with test equipment (open discharge, pressure, Show information in detailed sketch on next page or as an attachment or more than one way)? See attached photo Colorado Division of Water Resources www.water.state.co.us Effective 06115/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 4 of 6 Detailed Sketch: Show total system from pump to discharge, other pumps in the same well, and electrical system including other devices on the same meter. Show where test meter and pressure gauge were placed and how system was modified to perform test. Show measurements. In addition to sketch, an attached photograph is recommended. Detailed description of system under normal operating conditions. (Example: One well pumps to two sprinklers. Each sprinkler has an end gun that operates when the sprinkler is operating.) Include number of irrigated acres. One well pumps to one open discharge. Irrigated acres not determined Colorado Division of Water Resources www.water.state.co.us Effective 05/2010 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 5 of 6 Tester Verification I, the undersigned, Governing the Totalizing Flow advised the I understand minus 5% of and/or condition Signature of state that I am currently a person approved by the State Engineer to conduct well tests pursuant to the Rules Measurement of Ground Water Diversions as indicated on page 1 of this form. I have determined the installed Meter to either be in accurate working condition as defined by the Rules indicated on page 1 of this form OR have Owner/User to complete the Variance Request below of this form. that "accurate working condition" is determined when the indicated flow through the Installed Meter is within plus or an independent field measurement made using Calibrated Test Equipment. I understand that falsifying the accuracy of a Totalizing Meter can subject me to a fine of up to $500.00. H-__-- S `/S Tester: -e-- ---- Date Tester Name, Company, Phone, Email Name: Damion Critchfield Company Name: Field Well Testing Phone: 970-630-1601 Email: fieldwelltesting@yahoo.com VARIANCE REQUEST TO ALLOW A CORRECTION FACTOR To be used when calculating use with the installed TFM: I request a Variance to allow the use of the Correction Factor. I understand that a Variance WILL NOT be issued to allow a Correction Factor for a Totalizing Flow Meter (TFM) if the inaccuracy is due to the TFM or appurtenances being intentionally damaged or modified by the owner and/or user of the well/meter. I understand that the Correction Factor as computed by the above Qualified Well Tester will be verified by or revised by the Division of Water Resources and that final Correction Factor will be applied to ALL use records until the TFM is repaired/replaced and/or a new test conducted for this Well. I understand and agree to the required conditions of the variance as indicated below Division I , Division 2 or Republican River Basin (Check only one) If Correction Factor is between 0.920 to 0.949 or is between 1.051 to 1.080, the Test will be valid for no more than four years. The Correction Factor will be applied to determine diversions from the well. ❑ If Correction Factor is between 0.900 to 0.919 or is between 1.081 to 1.100, the Test will be valid one year. No later than one year from the date of this Test, a new Measurement Test must be conducted and the accuracy of the new Test must be within ±5.0%. The Correction Factor will be applied to determine diversions from the well. Further, I acknowledge that repair and/or replacement of this Meter and/or portions of the Discharge System is required within that one year AND I agree to make the necessary changes within that time. Division 3 If Correction Factor is between 0.920 to 0.949 or 1.051 to 1.080, and Division 3 approves this Variance Request, the Test will be valid for no more than one year. A new variance including new correction factor computed by a Qualified Well Tester shall be required each year thereafter. A variance will only be allowed for TFM for a maximum of three years. After three years the TFM must be repaired or replaced and working within the required ± 5%. The Correction Factor will be applied to determine diversions from the well. For Electrically Transformer The above information Flow Meter TFM, I agree Powered Wells/Pumps, I agree to the release of information pertaining to my Electric Service and Use, including Current Factor (Ct), Voltage/Potential Transformer Factor (Pt) and Electric Meter Readings, to the Colorado Division of Water Resources by my electric supplier for the purposes of determining or verifying Water Use from the Well/Pump. is true to the best of my knowledge. I understand that falsifying the accuracy and/or condition of a Totalizing can subject me to a fine of up to $500.00. If any Variance is requested on my behalf to apply a Correction Factor to my to such Variance. Well Owner OR Well User — c. - Well Owner/User / - -�� -- -`" Date I am the ■ Signature of Print Name of Well Owner/User Damion Critchf1e - on behalf of well 4-4 5 i:- V — gcu yi a r , Coo, e , S,dl Colorado Division of Water Resources www.water.state.co.us Effective 06/15/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 6 of 6 FOR REPUBLICAN RIVER BASIN ONLY: • omplete this section to determine Power Consumption Coefficient (PCC) Rating to be used as a Back -Up Measurement Method. Power Supply And Use Power Company Name n/a Power Company Customer Account No. n/a Electric Meter Manufacturer n/a Manufacturer's Serial No. n/a Power company meter reading on day of test Include all rotating digits and leading digits n/a Multiplier n/a Number of rotating digits n/a Voltage/potential transformer factor: • None (1.0) O 2.5:1 (2.5) O 2.4:1 (2.4) • Other (specify) Current transformer factor: • None (1.0) • 200:5 (40) O 400:5 (80) ■ 800:5 (160) O other (specify) Kb factor. (If no Kh factor is shown, use 1.0.) Pkh = Kh x Pt x Ct = shown on meter Does the same Power Company Meter serve other devices, including O Yes If yes, describe: other wells/pumps? If yes, were all devices operating during test? ® No Yes No O O Static Level Pumping Level Total Dynamic Head Elev. at Site Operating Pressure Yield Determination Of Power Demand (Minimum Of Five Tests) No. Of Disk Revolutions Second (sec) Rate (rev/sec) Power Demand (P) = Average rate x 3.6 x Pkh L P= KW 2. to nearest 0.000 3. Calculation Of Power Consumption Coefficient (Pcc) = 5433 X P 4. Q 5. PCC = KWH/AF 6. to nearest 0.00 Average Rate (4 Decimal Places 0.0000) Methods of Calculating Power Consumption Coefficient are Spec ems. Water Resources Investigation Report (89-4107) Discharge methods (mark all that apply) ❑ Open discharge/low pressure pipeline ❑ Sprinkler ❑ Drip tape ❑ Pressurized system (including household, stock and/or humidification uses) ❑ Other (describe) Describe all discharges and provide detailed sketch on Page 5 or as attachment End gun On Off No End Gun M M O If use of end gun is part of normal operating conditions, test must be conducted with the end gun on 11 12 1 10 2 9 • 3 8 4 7 5 6 Position of sprinkler (12:00 is due north) -Sprinkler • On ❑ Off If Off, explain why: Percent speed of sprinkler running: % Sprinkler operating at normal speed? ■ Yes ■ No If no, explain why: Description of irrigated terrain (i.e, flat, rolling hills, etc.) Does the system have regulators installed? working ■ pressure Yes O No Pump Information Pump IITurbine ❑ ❑ ■ type Centrifugal Submersible Other (specify) Motor Horsepower Discharge pipe at test site Pipe ID 7731 inches Pipe OD 6•o inches Wall thickness •434 inches Colorado Division of Water Resources www.water.state. co.us Effective 06/15/2014 Letter of Authorization Field Well Testing I give authorization for Field Well Testing to prepare, sign and submit documentation to the State of Colorado, Division of Water Resources on my behalf for the purpose of compliance Damion Critchfield j142 -.7�J SO4,—Vr'_e/idi x_______a.„,,,_c_„_,,,e,Y6e4._.,,,\ Customer Signature X 5c r'nczrdt Gel -cick Print Name x P/2/e- Date I z 01 COLORADO FORM 3.1/3.2 WELL MEASUREMENT VERIFICATION FORM (VER. 7/1/2017) • tmm�on nt Waterr Resources htto://water.state.co.us/groundwater/GWAdmin/UseAndMeasurement REASON FOR VERIFICATION (CHOOSE ONLY ONE) 3.1 FORM (TFM): • Re -verify TFM UReplace TFM ❑Repair/Reprogram TFM No Prey. TFM Re -seal TFM 3.2 FORM (PCC): ■ New PCC ❑ Re -verify PCC Modification Date (if re -verified due to system modification): METER LOCATION AND ASSOCIATED WELL INFORMATION: WDID 1: I ol iI 01 sl 31 91 ol WDID 2: WDID 3: WDID 4: UTM E: s z 19I i I a 19I UTM N: 14 I4, 4 6191 3 13 I Well Desc. (Permit, Legal or Name): NW-SW34-6N65W 13199-F TAMPER RESISTANT SEAL INFORMATION Meter Seat No.: New Seat No.: 97406 Other: Seal No. New Seal No. Register Seal No.: New Seal No.: Other: Seal No. New Seat No. REPLACED TFM INFORMATION Meter Serial No.: n/a Register Serial No.: Date New TFM Installed: Date Previous TFM Removed: Previous TFM: ❑ Reading Estimate POWER METER INFORMATION: Serial No.: 82 252 335 Mfr.: Sentinel Reading: 017215 Mutt.: 1 No. Digits: 6 Power Company: Xcel INSTALLED TFM INFORMATION (TFM ONLY): Meter Serial No.: 8-8-1041 Register Serial No.: n/a Mfr. McCrometer Model: MD308-1300oV3 Multiplier: 0.0010 No. Rec. Digits: 6 Units: Lis fGal • Ac -In M Cu -Ft K -Factor (if adj.) OD: 8.000 ID: 7.731 U/S Straight Pipe (Dia.): 6.00 D/S Straight Pipe (Dia.): 4.00 Vanes:aes No ■ Unknown TEST METER LOCATION AND DISCHARGE PIPE INFORMATION: OD: 8.020 Walt Thickness: 0.139 ID: 7.742 U/S Straight Pipe (Dia.): 3.00 D/S Straight Pipe (Dia.): 3.00 Discharge (One or more): • Open discharge/low pressure ❑Sprinkler ❑Drip [Pressurized • Other: TEST METER (COLLINS TUBE): UStandard n Overhung INSTALLED FLOW METER GPM Factor: Stop Clamp Settings: Totalizer Readings Elapsed Time Instantaneous (gpm) (Min. 10) 1 2 3 4 5 6 7 8 9 10 Acft (min:sec) Front: Stop: 658.6510 15 : 6.00 Back: Start: 658.6250 0 : 0.00 2 -Point Use all for 10 -Point Total: 0.0260 15.10 Avg. of F/B: , I I I I I I I (Dec. Min.) Avg. Collins: x GPM factor 561 . 1 Avg. QI (gpm) (0,000.0) Avg. QT (gpm): (0,000.0) TEST METER (ULTRASONIC OR VOLUMETRIC) CALIBRATION COEFFICIENT (TFM ONLY) Reading (gal) Elapsed (min:sec) Time Avg. QT (gpm) (0,000.0) QT= 552.9 0 985 Stop: 8,293.0 15 : 0.00 (to 0.000) QI- 581.1 - Start: 0.0 0 : 0.00 552.9 For CC greater than 1.050 or less than 0.950. Owner/Agent is REQUIRED Total: 8,293.0 15.00 Spacer Setting: 5.310 to complete Owner/Agent Info and Variance Request (Page 2). (Dec. Min.) (Ultrasonic Meter Only) DETERMINATION OF PD AND PCC (PCC ONLY) STABILIZATION (PCC ONLY) Time (24:00) Pumping Level (ft) or Discharge Rate (gpm) Pressure (psi) No. Revs. Time (sec) Rate (rev/sec) Avg. Rate (0.0000) 1 1 2 2• •3 Pt: 3 • •4 Ct: 4 5 Kh: 5 • •PD=Avg.Rate x 3.6 x Pt x Ct x Kh= kW (to 0.00) STATIC WATER LEVEL (PCC ONLY) PCC = (5433 x PD) : (QT) = kWh/af (to 0.0) Pump run time prior to arrival: Static Water Level (Decimal Feet from Discharge Centerline): For PCC. Owner/Agent is REQUIRED to complete Time of Static Water Level Measurement: Owner/Agent Info and Variance Request (Page 2). If Water Levels cannot be obtained, provide reason: SPRINKLER INFORMATION (PCC ONLY) End Gun: On ❑Off ❑None Sprinkler: On ❑0ff Tested Sprinkler Speed (%): Normal Speed? Yes ❑ No Position from North: o'clock Pump HP: Pressure Regulators Installed and Funtional?: Des ❑ No If re -verified due to system modifications, describe: TESTING PROCEDURE PHOTO/SKETCH, ADDITIONAL CALCULATIONS AND COMMENTS Describe testing procedure including sketch or photo documenting the well/meter configuration, outlets and test procedure. If programmable meter calibration (i.e K -Factor) is modified, explain reason for modification (i.e. measured flowrate before/after). Include detailed description of system under normal operating conditions. One well pumps to one open discharge. Tested under normal operating conditions. See photo OWNER/AGENT INFO: Name: Bryan Hoffner Entity: n/a Title: owner Address: 30300 CR 57 City: Gill State: CO Zip: 80624 Phone: 970-352-4654 CERTIFIED TESTER STATEMENT I hereby state that I am currently a person approved by the State Engineer to conduct well tests pursuant to the appropriate Rules Governing the Measurement of Ground Water Diversions. I have personally conducted measurement verification (TFM or PCC)of the above -described measurement device as required by the Rules/Program Standard. I understand that falsifying this test can subject me to a fine of up to $500. Tester Name: Shannon Scholefield Date of Well Test: 06/04/2019 Time of Well Test: 12:30 pm Tester Signature: Ste,,, Sehd*lte Test Meter Serial No.: N4P1245T Test Meter Manufacturer: Fuji OWNER/AGENT VARIANCE REQUEST (ONLY REQUIRED FOR VARIANCE REQUEST) As Owner or Owner Agent, I hereby request a variance to Measurement Rules for use of a Correction Coefficient or Power Conversion Coefficient as represented on this test. I understand that this Coefficient (TFM or PCC) will be utilized to calculate diversions associated with this meter. Name (Print): Signature: Date: Page 2 - Ver. 07/01 /17 Test Equipment Form 3.1 06/15/2014 s. Platte River — Division 1 970-352-8712 Fax 970-392-1816 810 9`" Street, 2"d Floor, Greeley, CO 80631 dnr_divlspgwm@state co.us Republican River — Division 1 970-352-8712 Fax 970-392-1816 JAM For Office Use Only RECEIVED DWR 8-06-2015 0105391 KEB • Passed El Failed ❑Variance Approved pate of variance 810 9'h Street, 2nd Floor, Greeley, CO 80631 dnr_divirrgwm@state.cous Arkansas River — Division 2 719-542-3368 Fax 719-544-0800 �o C LRc www.water.state.co.us 310 E. Abriendo, Suite B, Pueblo, CO 81004 Rio Grande River — Division 3 719-589-6683 Fax 719-589-6685 P.O. Box 269, 301 Murphy Drive, Alamosa, CO 81101 Designated Basins — Division 8 303-866-3581 Fax 303-866-2223 1313 Sherman St. Rm. 818, Denver, CO 80237 NOTICE OF TOTALIZING FLOW METER RE -VERIFICATION, INSTALLATION OR REPLACEMENT Check appropriate box ❑ To be filed in Compliance with Rule 16.5 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the Republican River Basin (Complete pages 1-6) Diversions ■ To be filed in Compliance with Rules 3.1 of the Amended Rules Governing the Measurement of Tributary Ground Water in the Arkansas River Basin (Complete pages 1-5) Rio ■ To be filed in Compliance with Rule 3.1 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the Grande River Basin (Complete pages 1-5) • To be filed in Compliance with the Ground Water Commission Rules Governing Designated Basins (Complete pages 1-5) 0 To be filed in Compliance with Rule 3.1 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the South Platte River Basin (Complete pages 1-5) Reason for meter verification (Check all that apply): Q Re -Verify Previously Verified TFM The following MUST be provided for new & replaced meters New TFM (No previous meter) Date New TFM installed: ■ Replacing Previous TFM (also complete area at right) Date Previous TFM removed: Previous TFM Serial No.: Previous TFM Reading (Estimate required if not readable): ■ Change in Measurement Method from: Hour Meter El Slave Meter ■ Power Co Meter ■ Previous Meter SN Q Register seal replaced due to: New Seal No. Old Seal No. TFM Reading K -Factor (Test req`d. if changed) CJ Sensor / meter seal replaced due to: New Seal No. Old Seal No. TFM Reading Contact Information: Well Owner Name Bryan Hoffner User (if not same as well owner) Name Barnard Geisick Mailing Address 30300 CR 57 Mailing Address 32879 WCR 51 City GillGreeley State co Zip 80624 City State co Zip 80631 Phone 970-352-4654 Email Phone 970-396-2705 Email Well Information and Location (P€off Permit No. and/or Case or Decree No. If no WD1D (mitts or is not known) Visit aunap to fintfwel information: http:/twater state.co.us/DataMaps/GlSandMaps/AquaMap/Pagea/default.aspx WDID Permit No. Water Court Case NO. Location /'A, Sec., T , R., PM) Weil GPS Coordinates must be in NAD&3, UTM Zone 12/13N Northing Easting 0105391 13200-F NW-NW3-5N65W, 6 PM 4476115.0 528981.4 W0607 DWR GPS. 4476124.0 528957.0 Power Supply © Electric O Artesian a Solar • Windmill a Fossil Fuel a Other (describe): Provide the following if the well's power supply is electric: Power Company Name n/a Power Company Service No. n/a Meter Manufacturer ilia ranufacturer's Serial No. n a Power Company Meter Reading on Date of Test (including all rotating and leading zeroes): n/a Multiplier n/a Number of Rotating Digits: n/a Uses on power company meter. Does the same Power Company Meter serve other devices, including other wells/pumps? If yes, describe system. O Yes O No Colorado Division of Water Resources LOWER POUDRE AUGMENTATION COMPANY WDID 0103397 www.water.state.co.usTESTER: D. CRITCHFIELD Effective 06/01/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 2 of 6 INSTALLED TFM INFORMATION Manufacturer McCrometer Sensor/Meter Serial No. Model No. n/a Reading on Test Date Meter GPS Coordinates (if not same as well coordinates) NAD83 UTM Zone 12/13N 07-8-2585 847710 Northing: 4476115.0 Register Easting: 528981.4 Meter Type horizontal Meter Size 8 Multiplier .001 No. of recording digits 6 Meter Units Gallons x Ave Feet 1—] Cubic Feet n Other, describe: Meter Orientation ri Horizontal Vertical 1 Diameters of Straight Pipe Upstream Downstream Diameter of Discharge Pipe ID OD 36" 28" 7.692 8.0 Is the meter installed to manufacturer's specifications? x Yes I No If no, explain: TEST METER INFORMATION Test Meter Manufacturer: Uji I - Test Meter Serial Number: N4P1245T Date of Last Calibration: 7/20/2015 Meter Orientation Pipe Wall Thickness Diameters of Straight Pipe Diameter of Discharge Pipe El Horizontal Vertical .154 Upstream Downstream ID OD 6'3" 10" 7.692 8.0 Verification of Installed Meter (if more than one meter tested for same discharge, show all tests. Use second sheet if necessary): Date of Test: 8/3/2015 Time of Test (Begin): 1515 Length of time pump has been running prior to Tester's arrival: 24 : 00 (HH:MM) Test Meter Calculations (Show All Work) Installed Meter Calculations (Show All Work) Collins Gauge: GPM Factor: Stop Clamp Settings: Ultrasonic Tranducer Space Settings: Test Meter Calculations: Start: 00000 Finish: 12996.3 Test meter is reset to zero before testing begins. 15.72 minute test produced 12996.3 total gallons. 12996.3/15.72 = 826.74 gpm Installed Meter Calculations: Start: 847750 Finish: 847791 = .041 acre ft 325851 x .041 = 13359.891 13359.891 / 922 seconds = 14.490 gps 14.490 X 60 = 869.40 gpm ExistingK-factor Adjusted K -factor Flow rate with Collins tube removed: (Show Q to the nearest 0.00 GPM) Avg QT: 826 . 7 4 (Show Qto the nearest 0.00 GPM) Avg QI: 869 .4 0 Correction Factor AVG QT 826 7 4 AVG QI 869 4 0 -0 9 5 0 Shown to the nearest 0.000 Colorado Division of Water Resources www.water.state.co.us Effective 06/15/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 3 of 6 If Correction Factor is: Div. 1, Div. 2 and Republican River Correction Factor Policies Div. 3 Correction Factor Policies 0.950 to 1.050 Test will be valid for a maximum of four years. The installed TFM is in accurate working condition. No Request for Variance is required. No Correction Factor is Applied to determine diversions. 0.920 to 1.051 to OR 0.949 1.080 Test will be valid for a maximum of four years The Variance Request to Use Correction Factor portion of this Form must be completed and signed by the Owner/User. *Note: A Correction Factor will be applied to determine diversions. May grant a request for a variance to allow the use of a Correction Factor. Test will be valid for one year from the date of the test. A variance will be allowed for a maximum of three years, after which the TFM must be repaired or replaced AND a new Test conducted. That Test must confirm accuracy within ±5.0%. The Variance Request to Use Correction Factor for TFM portion of this Form must be completed and signed by the Owner/User. *Note: A Correction Factor will be applied to determine diversions. 0.900 to OR 1.081 to 0.919 1.100 Test will be valid for one year only. No later than one year from the date of this Test the installed TFM must be repaired or replaced AND a new test conducted that confirms an accuracy of within ±5.0%. The Variance Request to Use Correction Factor portion of this Form must be completed and signed by the Owner/User. *Note: A Correction Factor will be applied to determine diversions. Test will be rejected and the installed TFM must be repaired or replaced AND a new Test conducted. The second Test must confirm an accuracy of within ±5.0%. If TFM fails test and is re -calibrated (k -factor modified), show failed Test, indicate below k -factor before and after, AND show new test on additional duplicate page (include failed and passed test page 3). <0.900 OR >1.100 Test will be rejected and the installed TFM must be repaired or replaced AND a new Test conducted. Uses through this totalizing flow meter: measured through TFM? Does well have multiple discharges Check all that apply: ❑ Pressure ❑ Artesian ❑Other open discharge ❑ Yes IN No ■ Open Use this space to describe all discharges One well pumps to one Meter Testing: How was the well/meter tested with test equipment (open discharge, pressure, Show information in detailed sketch on next page or as an attachment or more than one way)? See attached photo Colorado Division of Water Resources vwvw.water.state.co.us Effective 06/15/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 4 of 6 Detailed Sketch: Show total system from pump to discharge, other pumps in the same well, and electrical system including other devices on the same meter. Show where test meter and pressure gauge were placed and how system was modified to perform test. Show measurements. In addition to sketch, an attached photograph is recommended. Detailed description of system under normal operating conditions. (Example: One well pumps to two sprinklers. Each sprinkler has an end gun that operates when the sprinkler is operating.) Include number of irrigated acres. One well pumps to one open discharge. Irrigated acres not determined Colorado Division of Water Resources www.waterstate.co.us Effective 05/2010 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 5 of 6 Tester Verification I, the undersigned, Governing the Totalizing Flow advised the I understand minus 5% of and/or condition Signature of state that I am currently a person approved by the State Engineer to conduct well tests pursuant to the Rules Measurement of Ground Water Diversions as indicated on page 1 of this form. I have determined the installed Meter to either be in accurate working condition as defined by the Rules indicated on page 1 of this form OR have Owner/User to complete the Variance Request below of this form. that "accurate working condition" is determined when the indicated flow through the Installed Meter is within plus or an independent field measurement made using Calibrated Test Equipment. I understand that falsifying the accuracy of a Totalizing Flow Meter can subject me to a fine of up to $500.00. Tester:,r Date -e ..1 _;--- Z Tester Name, Company, Phone, Email Name: Damion Critchfield Company Name: Field Well Testing Phone: 970-630-1601 Email: fieldwelltesting@yahoo.com VARIANCE REQUEST TO ALLOW A CORRECTION FACTOR To be used when calculating use with the installed TFM: I request a Variance to allow the use of the Correction Factor. I understand that a Variance WILL NOT be issued to allow a Correction Factor for a Totalizing Flow Meter (TFM) if the inaccuracy is due to the TFM or appurtenances being intentionally damaged or modified by the owner and/or user of the well/meter. I understand that the Correction Factor as computed by the above Qualified Well Tester will be verified by or revised by the Division of Water Resources and that final Correction Factor will be applied to ALL use records until the TFM is repaired/replaced and/or a new test conducted for this Well. I understand and agree to the required conditions of the variance as indicated below Division 1 , Division 2 or Republican River Basin (Check only one) ❑ If Correction Factor is between 0.920 to 0.949 or is between 1.051 to 1.080, the Test will be valid for no more than four years. The Correction Factor will be applied to determine diversions from the well. ❑ If Correction Factor is between 0.900 to 0.919 or is between 1.081 to 1.100, the Test will be valid one year. No later than one year from the date of this Test, a new Measurement Test must be conducted and the accuracy of the new Test must be within ±5.0%. The Correction Factor will be applied to determine diversions from the well. Further, I acknowledge that repair and/or replacement of this Meter and/or portions of the Discharge System is required within that one year AND I agree to make the necessary changes within that time. Division 3 ❑ If Correction Factor is between 0.920 to 0,949 or 1.051 to 1.080, and Division 3 approves this Variance Request, the Test will be valid for no more than one year. A new variance including new correction factor computed by a Qualified Well Tester shall be required each year thereafter. A variance will only be allowed for TFM for a maximum of three years. After three years the TFM must be repaired or replaced and working within the required ± 5%. The Correction Factor will be applied to determine diversions from the well. For Electrically Transformer The above information Flow Meter TFM, I agree Powered Wells/Pumps, I agree to the release of information pertaining to my Electric Service and Use, including Current Factor (Ct), Voltage/Potential Transformer Factor (Pt) and Electric Meter Readings, to the Colorado Division of Water Resources by my electric supplier for the purposes of determining or verifying Water Use from the Well/Pump. is true to the best of my knowledge. I understand that falsifying the accuracy and/or condition of a Totalizing can subject me to a fine of up to $500.00. If any Variance is requested on my behalf to apply a Correction Factor to my to such Variance. Well Owner OR Well User .-7---- / Well Owner/User-%'�''� Date I am the ■ Signature of Print Name of Well Owner/User amion Critchfield - on behalf of well owner [? aroarci G e r . ss ,' Colorado Division of Water Resources snomv.water.state.co.us Effective 06/15/2014 Form 31 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 6 of 6 FOR REPUBLICAN RIVER BASIN ONLY: •_: omplete this section to determine Power Consumption Coefficient (PCC) Rating to be used as a Back -Up Measurement Method. Power Supply And Use Power Company Name n/a Power Company Customer Account No. n/a Electric Meter Manufacturer n/a Manufacturer's Serial No. n/a Power company meter reading on day of test Include all rotating digits and leading digits n/a Multiplier n/a Number of rotating digits n/a Voltage/potential transformer factor: ■ None (1.0) ■ 2.5:1 (2.5) 0 2.4:1 (2.4) DOther (specify) Current transformer factor: ■ None (1.0) ■ 200:5 (40) ■ 400:5 (80) 0 800:5 (160) ■ other (specify) Kh factor: (If no Kh factor is shown, use 1.0.) Kh x Pt x Ct = Pkh=KhxPtxCt= shown on meter Does the same Power Company Meter serve other devices, including ■ Yes If yes, describe: other wells/pumps? If yes, were all devices operating during test? ® No Yes No • 0 Static Level Pumping Level Total Dynamic Head Elev. at Site Operating Pressure Yield Determination Of Power Demand (Minimum Of Five Tests) No. Of Disk Revolutions Second (sec) Rate (rev/sec) Power Demand (P) = Average rate x 3.6 x Pkh 1. P= •KW 2, to nearest 0.000 3. Calculation Of Power Consumption Coefficient (Pcc) = 5433 X P 4. (I 5. PCC = KWH/AF 6. to nearest 0.00 Average Rate (4 Decimal Places 0.0000) Methods of Calculating Power Consumption Coefficient are Specified In U.S.G.S Water Resources Investigation Report (89-4107) Discharge methods (mark all that apply) ❑ Open discharge/low pressure pipeline ❑ Sprinkler ❑ Drip tape ❑ Pressurized system (including household, stock and/or humidification uses) ❑ Other (describe) Describe all discharges and provide detailed sketch on Page 5 or as attachment End gun On Off No End Gun • 0 • If use of end gun is part of normal operating conditions, test must be conducted with the end gun on 12 11 1 10 2 9 3 8 4 7 5 6 Position of sprinkler (12:00 is due north) Sprinkler M On M Off If Off, explain why: Percent speed of sprinkler running: ok Sprinkler operating at normal speed? ■ Yes ■ No If no, explain why: Description of irrigated terrain (i.e. flat, rolling hills, etc.) Does the system have regulators installed? working ❑ pressure Yes ❑ No Pump Information Pump ❑ ■ type Turbine Centrifugal Submersible Other (specify) Motor Horsepower Discharge pipe at test site Pipe ID 7.692 inches Pipe OD 8-0 inches Wall thickness •154 inches Colorado Division of Water Resources wwwwater.state.co.us Effective 06/15/2014 Letter of Authorization Field Well Testing I give authorization for Field Well Testing to prepare, sign and submit documentation to the State of Colorado, Division of Water Resources on my behalf for the purpose of compliance. Damion Critchfield .,(,.,„ (do,9,-6-/,!_a /a x ,r/3/e- Customer Signature Date )( /3 ctr, c c 0 e i' c,'c k Print Name COLORADO FORM 3.1/3.2 WELL MEASUREMENT VERIFICATION FORM (VER. 7/1/2017) Di vu ion at watts Rswuran http!i/water.state.co us'groundwater/GWAdmin/ UseAndMeasurement REASON FOR VERIFICATION (CHOOSE ONLY ONE) 3.1 FORM (TFM): ■ j Replace TFM Re -verify TFM 3.2 FORM (PCC): New PCC Repair /Reprogram TFM QNo Prey. TFM Re -verify PCC Modification Date (if re -verified due to system modification): METER LOCATION AND ASSOCIATED WELL INFORMATION: WDID 1: WDID 2: WDID 3: 0 0 i 0 0 5 5 , _ 1 - UTM E: UTM N: 4 4 7 6 1 2 4 TAMPER RESISTANT SEAL INFORMATION Meter Seal No.: ccwcD New Seal No.: Register Seal No.: New Seal No.: WDID 4: • _ i • Well Desc. (Permit, Legal or Name): NW-NW3-5N65W 13200-F Re -seal TFM Other: Other: Seal No. Seal No. New Seal No. New Seal No. REPLACED TFM INFORMATION Meter Serial No.: n -1a Date New TFM Installed: Date Previous TFM Removed: Register Serial No.: Previous TFM: L_I Reading L jEstimate 1 POWER METER INFORMATION: Serial No.: 75 684 246 Mfr.: Sentinel Reading: 010311 Mutt.: No. Digits: 6 Power Company: Xcee INSTALLED TFM INFORMATION (TFM ONLY): Meter Serial No.: Multiplier: OD: 8000 07-8-2585 Register Serial No.: n/a Mfr. McCrometer Model: MD308-1300oV3 0.0010 No. Rec. Digits: 6 Units: • Ac -Ft rIZT ❑ Ac -In ❑Cu -Ft K -Factor (if adj.) ID: 7.731 U/S Straight Pipe (Dia.): 5.00 D/S Straight Pipe (Dia.): 3.00 Vanes: ❑Yes No ■ Unknown TEST METER LOCATION AND DISCHARGE PIPE INFORMATION: OD: 8.030 Wall Thickness: 0.163 ID: 7704 U/S Straight Pipe (Dia.): 2.00 D/S Straight Pipe (Dia.): 1 00 Discharge (One or more): • Open discharge/low pressure ❑Sprinkler ❑Drip Pressurized ❑Other: TEST METER (COLLINS TUBE): UStandard Fi Overhung GPM Factor: Stop Clamp Settings: Front: Back: Avg. of F/B: 1 2 3 4 5 6 7 8 9 10 2 -Point Use all for 10 -Point I i I I I I �, I Avg. Collins: Avg. QT (gpm): x GPM factor (0,000.0) TEST METER (ULTRASONIC OR VOLUMETRIC) Reading (gal) Elapsed Time (min:sec) Avg. QT (gpm) (0,000.0) Stop: Start: Total: 13.386 1 00 13, 386.1 15 : 0.00 0 : 0.00 15.00 Wet Mln. 892.4 Spacer Setting: 3.?24 +Ultrasornc Meter unly► Time (24:00) STABILIZATION (PCC ONLY) Pumping Level or Discharge Rate (ft) (gpm) Pressure (psi) 4 e. z STATIC WATER LEVEL (PCC ONLY) Pump run time prior to arrival: Static Water Level (Decimal Feet from Discharge Centerline): Time of Static Water Level Measurement: If Water Levels cannot De obtained, provide reason: INSTALLED FLOW METER Totauuzer Readings Acft Elapsed Time (min:sec) Instantaneous (gpm) (Min. 10) Stop: Start: Total: 972.3520 972.3100 0.0420 15 : 2.00 0 : 0.00 15.03 (Dec. Min.) 910.6 Avg. QI (gpm) (0,000.0) CALIBRATION COEFFICIENT (TFM ONLY) QT= 892.4 QI= 9106 0.980 ,to o.00a> For CC greater than 1.050 or less than 0.950, Owner/Agent is REQUIRED to complete Owner/Agent Info and Variance Request (Page 2). • 1 2 fig 44 H DETERMINATION OF PD AND PCC (PCC ONLY) No. Revs. Time (sec) • Rate (rev/sec) Avg. Rate (0.0000) Pt: Ct: Kh: PD=Avg.Rati: A 3.6 x Pt A Ct Kh- kW (to 0.00) PCC = (5433 x PD) : (QT) n kWh/af (to 0.0) For PCC, Owner/Agent is REQUIRED to complete Owner/Agent Info and Variance Request (Page 2). SPRINKLER INFORMATION (PCC ONLY) End Gun. On Off ❑None Spnnkler. On DOff Tested Spnnkler Speed (%) Normal Speed? Yes No Position from North. o'clock Pump HP. Pressure Regulators Installed and Funtional? Ewes No If re-venfied due to system modifications, describe. TESTING PROCEDURE PHOTO/SKETCH, ADDITIONAL CALCULATIONS AND COMMENTS Describe testing procedure including sketch or photo documenting the well/meter configuration, outlets and test procedure If programmable meter calibration (i e K -Factor) is modified, explain reason for modification (l e. measured flowrate before/after). Include detailed descnption of system under normal operating conditions. One well pumps to one open discharge Tested under normal operating conditions See photo OWNER/AGENT INFO: Name Bryan Hoffner Entity n/a Title owner Address 30300 CR 57 City Gill State CO Zip 80624 Phone 970-352-4654 CERTIFIED TESTER STATEMENT I hereby state that I am currently a person approved by the State Engineer to conduct well tests pursuant to the appropnate Rules Governing the Measurement of Ground Water Diversions I have personally conducted measurement venfication (TFM or PCC)of the above descnbed measurement device as required by the Rules/Program Standard I understand that falsifying this test can subject me to a fine of up to $500 Tester Name Shannon Scholefield Date of Well Test 06/04/2019 Time of Well Test 10 45 am Tester Signature ,Sdagaag Sr4deL(Tirl Test Meter Serial No N4P1245T Test Meter Manufacturer Fuji OWNER/AGENT VARIANCE REQUEST (ONLY REQUIRED FOR VARIANCE REQUEST) As Owner or Owner Agent, I hereby request a variance to Measurement Rules for use of a Correction Coefficient or Power Conversion Coefficient as represented on this test I understand that this Coefficient (TFM or PCC) will be utilized to calculate diversions associated with this meter Name (Pnnt) Signature Date age 2 - Ver 07/01/17 •Pr in -14 1 �• • • I w' ri�� ;6. ;ar "Per • et Sr, w Test Equipmen 1:'r, : rA r1p% 'r ;' . '•.''k, rtr -_ 'ice�s' „pia!�tf�G. �•i :• `'I •" %P • • • r :.� •w• -•y s ',`it • 1-�t t,` •-- if. s� _ ..fit 12 r r Z r r .te'%• • sr .. � II,• r C J• ` • 911 a. ~., • ~ ' a� � 1 , 1 Nai .ice' ,. • a •• . . • .-. - • /• • lift; _ ,CIMI!►,• • lirw:‘ or ../ t.. - i: fill re .r 4 /... i • s ffrt P``..fi<� • lc / - lr Iit?. ? ,I roe.. t w • ` •• • t % I ' P i f . A � J' • • I an sty a 1'41.;Irr . p rya. y • • •r ..• 1 • -. I • " N1/4, mil Xsea , 4, • 1/4 'kit .. 4.2 164•1k,W 'T.: ;taw, 7.• . rat a Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 James Koehler Revocable Trust 1001 East C Street Greeley, CO 80631-9580 March 16, 2020 Re: Derr Pit Expansion Neighboring Landowner Agreement Mr. Koehler: Broken Arrow Investments, LLC has a State of Colorado Division of Reclamation, Mining, and Safety (DRMS) Reclamation Permit M2008-078 to allow sand and gravel mining at the Derr Pit and a Weld County Use by Special Review (USR) Permit USR-1660. We are currently in the process of amending the USR permit to include additional area north of the original permit boundary. Per our meetings and previous discussions we are providing the attached agreement for your review and we wish to finalize this agreement so we may move forward with getting approval of the USR amendment with Weld County. We would like to cover a few items with this letter to discuss how we came to this proposed draft of the attached agreement. • You own 3 wells that are registered with the State of Colorado, Department of Natural Resources, Division of Water Resources. There are three wells on your Parcel No. 080333000017 at 1001 East C Street. The well numbers are Permit 314644 (stock well), Permit 314643 (domestic well), and Permit 11564 (irrigation well). • We have had AgPro monitoring your wells since September 2019 and will continue to do so for the life of the Derr Pit mining. • The records for your well are not available from the State Engineer's Office for the pumping that has occurred in previous years. There are also not meter testing records for your well on file at the State Engineer's Office. • The irrigation well was rehabbed by Quality Well and Pump in late 2011/early 2012 per their records. The well casing had previously failed and the well caved in. Quality Well and Pump pulled the pump and installed a casing liner (14" diameter that was 55' long) and well screen (30' length of Galvanized Johnson Screen). The well was bailed with a sand bucket to get liner and screen into place. The existing pump bowl was found full of gravel and rocks consistent with signs of well caving in. The line shaft, column pipe, and oil tube were all thin and rusted out. 80' of column pipe was replaced along with the oil tube and line shaft. The pump bowl was replaced with an American Marsh single stage 12" MS. The headshaft was replaced and a bowl screen was added. The packing gland was re -machined. The motor Mr. Koehler RE: Derr Pit Expansion Neighboring Landowner Agreement -2- was re -built by Greeley Electric. The well was sonar jetted with 2-25' charges. The well was not pump tested after the rehab work was completed. • We have reviewed information on the Bliss and Hofner Wells that are other irrigation wells in the surrounding area. The meter testing on those wells in 2015 and again in 2019 are nearly the same for the discharge capacity of each well. • The Loloff Mine has completed the mining and are finishing the reclamation of the mine. The slurry wall was constructed in 2017 and passed the State Engineer's Office required leak test. No dewatering is occurring at the Loloff Mine. • The Derr Pit is going to start slurry wall construction for the original permitted area in March of 2020. Below are the proposed items we would pay for based upon the existing conditions and evaluations that have been completed: • The property you own Parcel No. 080333000017 at 1001 East C Street is currently served by North Weld Water District with potable water. The existing domestic and stock wells for this property were just recently registered in August 2019. The well registration indicates that the wells are both 52' deep. AgPro measured the depth to water in each of these wells over the past 6 months and also measured a depth to the bottom of each well. The stock well is actually 59.8' deep and the domestic well is actually 57' deep. We will also continue to monitor the existing stock and domestic well. If the water level drops to a depth where the domestic well or stock well will not pump we will have Quality Well and Pump set the pump lower in the well so it will continue to pump water. We would propose to pay the water bill at this property if the domestic or stock well have problems and assist in changing plumbing to allow the potable water service to serve the irrigation and stock watering for your property during the time the domestic or stock well are out of service. • The irrigation well will continue to be monitored by AgPro. Since there is no data on what the well could pump previously we need to establish what it can pump. We would recommend doing a pump test on this well to establish the flowrate it is currently pumping at by running the existing pump and reading the meter at 15 minute intervals for an hour or two hours. Based on the data of the surrounding wells we do not believe the mining is affecting this well as the other irrigation wells are pumping what they have historically pumped based on the meter testing on record with the State Engineer's Office. We contacted Quality Well and Pump to discuss some of the possible issues that could be causing lower capacity of the existing pump and they provided a quote for changing the pump out and doing repairs to the existing motor. It also appears that there are headlosses that occur in the existing pipeline that runs another 1,200 to 1,300 feet north of the existing well that could be limiting the amount of water being pumped from the well. We would recommend doing the upgrades Quality Well and Pump provided and paying for those items. The cost for the upgrades is $14,539.16. We would like to have you review and respond back to us by the end of this week on Friday, March 20th so we may finalize the agreement. Broken Arrow Investments, LLC 801 8th St., Suite 130 Greeley, CO 80631 (303) 566-5090 Mr. Koehler RE: Derr Pit Expansion Neighboring Landowner Agreement -3- Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th St., Suite 130 Greeley, CO 80631 (303) 566-5090 g.)c 13b DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this day of , 2020 by and between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631; Loloff Construction, Inc. ("Loloff'), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631; Global Asset Recovery, LLC ("GAR"), whose address is 6530 Constitution Dr., Fort Wayne, Indiana 46804; and Jerry Winters and Dixie Ann Hoffner ("Winters/Hoffner") (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 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 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 Den 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 Winters/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 Winters/Hoffner's concerns related to BAI's and Loloff s existing and planned mining operations, have Winters/Hoffner withdraw its opposition to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues and obligations between Winters/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 Winters/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 Winters/Hoffner has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles. 2 D. Water Wells Winters/Hoffner has two wells on Parcel No. 096103000044 and Parcel No. 080334000019 (irrigation) that Winters/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 Loloff's past and planned mining operations; to allow Winters/Hoffner to withdraw its objections to BAI's efforts to amend the USR Permit 2MJUSR19-08-1660; and to facilitate BAI's expansion of operations into the Amendment Area, the Parties agree as follows: A. BAI and Loloff 1. Noise a. BAI shall comply with all applicable noise requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. BAI will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Derr Pit, including the Amendment Area. b. Loloff shall comply with all applicable noise requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Loloff Pit. 2. Dust a. BAI shall comply with all applicable dust requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment. b. Loloff shall comply with all applicable dust requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which 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 Winters/Hoffner. 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 Loloffs obligation to perform the tasks identified in Paragraphs III.A.1. through 3. hereof, to the extent not already required by applicable law, shall commence upon execution of this Agreement, except that obligations relating to the Amendment Area shall be triggered by commencement of mining operations therein. B. BAI's obligation to perform the monitoring required by Subparagraph III.A.4.b., hereof, shall commence on the execution of this Agreement and continue throughout its Term so long as 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 Winters/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 G. This Agreement may be executed in one or more counterparts, each of which shall be considered an original but all of which taken together shall constitute one and the same legal instrument. IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the date first written above. BROKEN ARROW INVESTMENTS, LLC, BY: TITLE: LOLOFF CONSTRUCTION, INC. BY: TITLE: GLOBAL ASSETS RECOVERY, LLC BY: TITLE: Jerry Winters and Dixie Ann Hoffner BY: TITLE: 7 Exhibit A Amendment Area Map 8 P \07123 Derr Gravel Pit\Drawings\Exhibits\JT Overall Permits Exhibit dwg, Permits 1/30/2020 2 35 47 PM wt ' v -,-._,J, i,.� I rv. C.:„. - ,�"' Fi -t , _� "' , t tr' tE` , i i e rye LOLOFF `r; l; PIT, T t r eft ' ., .. CO �,. _tJ_ 1 --!^irid!6 1. r ^j. l.r Tj7t<,\-'1' 1 —e- ': r ' I ' co - y, IL REST C --8TH S` - e5 -r- } yl _ ,4 f' - / /l` ,� J.- ,, $,, r I DERR ` PIT - AMENDMENT 474 800 400 0 It { i -4 800 SCALE IN FEET / .v �rvi eeeZ } 9 J&T Consulting, line. 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 O7123 Drawn TPY Scale 1"=8OO' Sheet 1 Of 1 Exhibit B Sample Letter to Weld County Board of County Commissioners 9 Ms. Barbara Kirkmeyer Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 bkirkmeyergweldgov. com RE: 2MJUSR19-08-1660 -- Derr Sand and Gravel Mine Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Kirkmeyer: Via Email This letter is to formally withdraw my opposition to Broken Arrow Investments, LLC's ("BAI") application to amend Use by Special Review ("USR") Permit No. USR-1660 to allow expansion of the Derr Sand and Gravel Pit at 590 North Balsam Avenue. I had previously opposed this 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) ir 13 ed rg PROPOSAL: Pump Repair Quality Well & Pump (970) 353-3118 Name: Address: City, ST, ZIP: Phone: Koehler Date: Location: March 11, 2020 CR 43 &E Cst We hereby submit specifications and estimates for: DESIGN GPM (total) PSI (at pump) Pumping Level Column Losses Design TDH Estimated BHP EstPumpbowl Eff. Est Pumping plant HP POINT This is an estimate on pulling, rebuilding and setting turbine pump assembly. This pump is rated at 1100GPM @66 Ft head with a 25HP motor full trim ImpellerThe higher the head -ft gets the less water it will pump. If we add a 2nd stage the head -ft, and HP will double, the Gpm will stay the same. This is going to raise the price. thoroughly inspected. Ad changes or modifications to this proposal will be approved by the customer es the job progresses. 84.0% Quantity Description Price each Total 1 American Marsh 12MS Bowl Assy, 1 stage $ 4,045.41 $ 4,045.41 1 Headshaft, machine charge $ 294.00 $ 294.00 38 Headshaft, 1" per inch $ 4.30 $ 163.40 1 Custom Top Tube $ 317.00 $ 317.00 4 Tube/shaft Brass 10'1 1/2" $ 380.40 $ 1,521.60 3.5 Col/Tube/Shaft 8/1.5 x 10 ft $ 892.00 $ 3,122.00 1 Split bolt & Elect/Rubber tape $ 92.50 $ 92.50 1 Motor, Rebuilt 25HP $ 2,004.30 $ 2,004.30 1 Drip Oil and Cleaning Fluid $ 75.40 $ 75.40 1 Re -machine packing gland $ 284.00 $ 284.00 1 Flange Gasket, 8" $ 24.90 $ 24.90 1 Basket Strainer 8" $ 463.00 $ 463.00 5 Drip oil, gallon $ 11.30 $ 56.50 3 Turbine pump, labor $ 245.00 $ 735.00 4 Set turbine pump, hourly rate $ 245.00 $ 980.00 1 Disassemble, inspect, and identify bowl assy. $ 175.00 $ 175.00 1 Assemble new/rebuilt bowl assy. $ 149.75 $ 149.75 12 Mileage charge, rig only $ 2.95 $ 35.40 The stated price on this proposal is an estimate only. Upon removing the pump and after further inspecfion, additional repairs maybe warranted, Total al which cannot be anticipated at this time. The customer shall be informed of and approve any charges above the estimated price shown on this proposal. $ 14, 539.16 All materials are guaranteed to be as specked. All work shall be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above spacificafions involving extra costs shall be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control.Owner shall carry fire, tornado, and other necessary insurance. Our Chris Jones workers are fully covered by Workman's Compensation Insurance. Quality Well and Pump Customer's Acceptance of Proposal: The above prices, specifications, and conditions are satisfactory and are hereby accepted. You we authorized to do the work as specified. Payment will be made as stated above. Customer Signature: Date Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 Robert Francis P.O. Box 843 Greeley, CO 80632-0843 March 16, 2020 Re: Derr Pit Expansion Neighboring Landowner Agreement Mr. Francis: Broken Arrow Investments, LLC has a State of Colorado Division of Reclamation, Mining, and Safety (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 4 wells that are registered with the State of Colorado, Department of Natural Resources, Division of Water Resources. There are three wells on your original Parcel No. 096104301011 at 351 East 8th Street. The well numbers are Case No. W-4689 (stock well) Permit 26555, Permit 13588-F (domestic well), and Permit 30562-F (irrigation well). There is one well on the property you purchased from Kohloff Parcel No. 096104301027 at 701 Balsam Avenue. The well number is Permit 223887. • Previously we had tried to re -drill wells for you when we had John's Pump Service available to do the work back in January 2018 but were unable to get your approval to do so. • The stock well was inspected by Quality Well and Pump in October of 2019 and the discharge pipe was found to be rusted out and separated from the existing pump. This item was discussed and you indicated that you did not want to repair as you would rather re -drill the domestic well and permit for outdoor landscape/yard watering and stock watering in addition to the domestic use. • The irrigation well was inspected and pump tested by Quality Well and Pump and the Mr. Francis RE: Derr Pit Expansion Neighboring Landowner Agreement -2- screened casing was found to be 85% plus plugged. The pump test indicated that the current condition allowed 125-150 gpm to be pumped during the 2 hour pump test. • We had Quality Well and Pump provide some estimates of re -drilling alluvial domestic wells and rehabilitating the irrigation well. • The Loloff Mine has completed the mining and are finishing the reclamation of the mine. The slurry wall was constructed in 2017 and passed the State Engineer's Office required leak test. No dewatering is occurring at the Loloff Mine. Below are the proposed items we would pay for based upon the existing conditions and evaluations that have been completed: • The property you purchased from Kohloff Parcel No. 96104301027 at 701 Balsam Avenue is currently served by North Weld Water District with potable water. The estimate to re -drill the existing alluvial domestic well provided by Quality Well and Pump was $9,886.86. We would propose to pay you/Quality Well and Pump this amount for the re -drilling of the existing domestic well per the attached agreement. • The irrigation well rehab estimate provided by Quality Well and Pump was $19,346.05. We would propose to pay you/Quality Well and Pump $19,346.05 for the rehab of the existing irrigation well per the attached agreement. • The existing domestic well on your original Parcel No. 096104301011 at 351 East 8th Street does not currently have a pump installed in it. This parcel is also served by the City of Greeley for potable water service. The estimate to re -drill the existing alluvial domestic well provided by Quality Well and Pump was $9,886.86. We would propose to pay you/Quality Well and Pump this amount for the re -drilling of the existing domestic well per the attached agreement. We would like to have you review and respond back to us at your earliest convenience so we may finalize the agreement. Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th St., Suite 130 Greeley, CO 80631 (303) 566-5090 EI4-b DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this day of , 2020 by and between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631; Loloff Construction, Inc. ("Loloff"), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631; Global Asset Recovery, LLC ("GAR"), whose address is 6530 Constitution Dr., Fort Wayne, Indiana 46804; and Robert D. Francis ("Francis") whose address is 351 8th Street, Greeley, Colorado 80631 (collectively, the "Parties"). RECITALS 1. GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue in Weld County, Colorado. BAI operates the Derr Pit as an active sand and gravel mine under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation, Mining, and Safety ("DRMS"). Loloff owns and operates the Loloff Sand and Gravel Pit ("Loloff Pit") located directly across North Balsam Avenue from the Derr Pit. Loloff operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985- 112. 2. GAR, BAI, and Loloff, hereinafter collectively referred to as the "Companies," have common, though not identical, interest in the matters addressed by this Agreement. 3. DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27, 2018 (Revision No. 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. Francis owns two properties near the existing Loloff and Den Pits, and the Amendment Area: Parcel No. 096104301011 at 351 East 8th Street, and Parcel No. 096104301027 at 701 Balsam Avenue. The City of Greeley provides potable water service to Parcel No. 096104301011 and the North Weld County Water District provides potable water service to Parcel No. 096104301027. 6. Francis has opposed BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, in oral testimony before the Weld County Board of County Commissioners and in a July 16, 2019 affidavit that was submitted to Weld County and entered into the record for the USR permit amendment proceedings. 7. Francis' opposition to the USR Permit amendment is primarily, though not exclusively, based on his belief that existing mining operations at the Loloff and Derr Pits have negatively impacted various water wells on the two Francis parcels ("Francis wells"), and that additional mining in the Amendment Area will exacerbate such impacts. 8. The Parties disagree as to whether and to what extent existing mining operations have impacted the wells, and whether and to what extent mining in the Amendment Area will impact the wells. 9. To address Francis' concerns, BAI has: retained qualified individuals to assess the current status of the Francis wells; hired a groundwater engineer to study the impacts from current and planned mining operations; and obtained cost estimates from a well drilling and servicing company for making certain improvements to the wells. BAI has shared the results of the inspections, study, and cost estimates with Francis. 10. The Parties wish to resolve all outstanding issues through this Agreement. THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Parties agree as follows: COVENANTS AND CONDITIONS I. Purpose of Agreement The purpose of this Agreement is to address Francis' concerns related to BAI's and Loloff's existing and planned mining operations, have Francis withdraw his opposition to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues and obligations between Francis and the Companies related to operations at the Den and Loloff Pits. This Agreement is further intended to facilitate BAI's efforts to obtain final authorization from Weld County to expand its mining operations into the Amendment Area. II. Identification of Concerns Francis identifies the following concerns as the basis for his objection to the Derr Pit expansion: A. Noise Francis has general concerns about noise that will be generated by operations in the Amendment Area. B. Dust Francis has general concerns about dust that will be generated by operations in the Amendment Area. 2 C. Traffic Francis has general concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles. D. Water Wells Francis has four wells total on the two parcels (three on Parcel No. 096104301011 and one on Parcel No. 096104301027). Francis believes these wells will be impacted by operations in the Amendment Area. Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits. III. Obligations of the Parties To fully and completely address Francis' concerns regarding BAI's and Loloff's past and planned mining operations; to allow Francis to withdraw his objections to BAI's efforts to amend the USR Permit 2MJUSR19-08-1660; and to facilitate BAI's expansion of operations into the Amendment Area, the Parties agree as follows: A. BAI and Loloff 1. Noise a. BAI shall comply with all applicable noise requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. BAI will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Derr Pit, including the Amendment Area. b. Loloff shall comply with all applicable noise requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. Loloff will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Loloff Pit. 2. Dust a. BAI shall comply with all applicable dust requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment. b. Loloff shall comply with all applicable dust requirements contained in USR Permit No. AM USR-690, State laws, and local ordinances. 3 Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which specifically address particulate emissions (dust) from the pit and associated mining equipment. 3. Traffic a. BAI will comply with all applicable traffic requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances. 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. To best accommodate the disagreement between the Parties regarding past or potential future mining impacts to the Francis wells and the various options available to address such well issues, the Parties have agreed to a lump sum payment for re -drilling two domestic wells and rehabilitation of the irrigation well to fully satisfy Francis' well concerns. BAI shall pay Quality Well and Pump such lump sum in accordance with the provisions of Section V of this Agreement. b. BAI shall perform monthly monitoring on all Francis wells that remain active after execution of this Agreement, provided Francis grants access to do so in accordance with Paragraph III.B.3. hereof. Such monitoring shall consist of measuring the static water level in each well. BAI shall send the monitoring results to Francis each month by certified mail. B. Francis 1. On the same day of the execution of this Agreement, Francis shall provide the Weld County Board of County Commissioners a letter withdrawing his objections to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, to allow mining in the Amendment Area. Francis' withdrawal letter shall be substantively similar to the draft letter contained in Exhibit B to this Agreement. 2. Francis shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment 4 Area. Francis 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, Francis shall provide BAI representatives access to the Francis wells during reasonable business hours to perform the monitoring required under Subparagraph III.A.4.b. hereof. 4. For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Francis shall first contact Loloff or BAI with any issues or concerns regarding operations at the Loloff or 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 Francis' issues or concerns before involving others. Loloff and BAI designate the following individual as the contact person for purposes of this provision: Kelly A. Hodge kahodge l @comcast.net 970-566-5090 IV. Conditions Precedent A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs III.A.1. through 3. hereof, to the extent not already required by applicable law, shall commence upon execution of this Agreement, except that obligations relating to the Amendment Area shall be triggered by commencement of mining operations therein. B. BAI's obligation to make the lump sum payment identified in Subparagraph III.A.4.a. of this Agreement is conditioned on the following: 1. Francis providing the letter to the Weld County Board of County Commissioners withdrawing his objections in accordance with Paragraph III.B.1. of this Agreement; 2. Francis' compliance with the conditions of Paragraph III.B.2. of this Agreement during BAI's efforts to gain governmental approval to mine in the Amendment Area; 3. Weld County's final approval of the amended USR Permit, 2MJUSR19-08- 1660, to allow mining in the Amendment Area, and BAI's decision, in its 5 sole discretion, to accept the amended permit and mine the Amendment Area; 4. Francis' compliance with the conditions of Paragraph III.B.3., hereof, regarding well access (with satisfaction of this condition precedent to be measured as of the day that BAI communicates to Francis its decision referenced in Paragraph B.3. of this Section IV); and 5. Francis' compliance with the conditions of Paragraph III.B.4., hereof, regarding initial contacts (with satisfaction of this condition precedent to be measured as of the day that BAI communicates to Francis its decision referenced in Paragraph B.3. of this Section IV). C. BAI's obligation to perform the monitoring required by Subparagraph III.A.4.b., hereof, shall commence on the execution of this Agreement and continue throughout its Term so long as Francis provides access to the wells as specified in Paragraph III.B.3. of this Agreement. V. Timing and Effect of Lump Sum Payment On the day of execution of this Agreement, BAI shall deliver to Francis/Quality Well and Pump a check for the lump sum payment. This lump sum amount is based on the well inspections, cost estimates for specific well improvements, and arm's length negotiations between Francis and the Companies. The lump sum payment will allow Francis the flexibility to manage his wells as he deems appropriate, and following such payment, Francis shall be solely responsible for securing any improvements and performing any maintenance thereon. Francis agrees that the lump sum amount fully and fairly addresses his well concerns and that BAI's payment of same satisfies any and all obligations the Companies may have with respect to the Francis wells. VI. No Admissions By entering this Agreement, no Party makes any admissions as to the possible effects of existing and planned mining operations on the Francis wells. VII. Term The Term of this Agreement shall be from its execution until 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. VIII. Preservation of Future Claims Nothing in this Agreement is intended to prevent Francis from asserting future claims regarding the Francis wells to the extent such claims are supported by evidence establishing that the claims are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution 6 of this Agreement, and that Francis has provided continuous access for well monitoring as required in Paragraph III.B.3. hereof. IX. General Provisions A. This Agreement shall be construed according to the applicable laws of the State of Colorado. Proper venue for any action to enforce the terms, or arising from the breach, of this Agreement is in Weld County, Colorado. B. Failure of any Party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not waive such term, covenant, condition, or right with respect to future performance. C. Partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. D. This Agreement has been negotiated between and among the Parties, each of whom had adequate opportunity to consult legal counsel. Therefore, this Agreement shall not be interpreted against any Party as the "drafter," but shall be construed in a neutral manner. E. This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior negotiations, understandings, conversations, correspondence, and agreements between the Parties. Unless otherwise set forth herein, this Agreement may not be modified or amended, except by a writing signed by all Parties. F. This Agreement binds the Parties, their successors, and assigns. No Party shall assign or transfer its interest in this Agreement without the prior written consent of the others, which shall not be unreasonably withheld. G. This Agreement may be executed in one or more counterparts, each of which shall be considered an original but all of which taken together shall constitute one and the same legal instrument. (SIGNATURE PAGE TO FOLLOW( IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the date first written above. BROKEN ARROW INVESTMENTS, LLC, 7 BY: TITLE: LOLOFF CONSTRUCTION, INC. BY: TITLE: GLOBAL ASSETS RECOVERY, LLC BY: TITLE: ROBERT D. FRANCIS BY: Robert D. Francis 8 Exhibit B Sample Letter to Weld County Board of County Commissioners 10 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 MEMO TO FILE Date: 3/6/18 Specialist: PSH Signed: Subject/Operator/Operation/File No. CT -10 / Loloff Construction / Loloff Mine / M-1985-112 Type of Interaction: (Meetinj Phone Other Person(s) contacted and affiliation: Kelly Hodge with Loloff Construction / Iron Mill Mining Summary and Resolution of Interaction: On December 1, 2017, the Division issued the following problem during a complaint investigation at the Loloff Mine (CT -10) from Mr. Rocky Francis: INSPECTION TOPIC: Hydrologic Balance PROBLEM: Problem: The dewatering activity at the Loloff Mine conducted prior to the installation of the slurry wall has caused disturbances to the prevailing hydrologic balance of the surrounding area and to the quantity of water in the groundwater system. CORRECTIVE ACTIONS: Loloff Construction, Inc. must implement the approved mitigation plan for the site and work with the affected well owner to investigate and rehabilitate the wells within 30 days of the mailing date of this inspection report. This is a problem related to Rule 3.1.6(1) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials and CRS 34-32.5-116(4)(h) of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Failure to comply with the corrective action may result in the problem escalating to a possible violation and an enforcement hearing being scheduled in front of the Mined Land Reclamation Board. CORRECTIVE ACTION DUE DATE: 1/22/18 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 I Robert Randall, Executive Director I Virginia Brannon, Director Page 2 of 2 March 6, 2018 December 22, 2018 - The Division emailed a copy of the inspection report to Mr. Francis and Mr. Kelly and encouraged Loloff Construction and Mr. Francis to contact each other to coordinate an inspection of Mr. Francis' wells. January 16, 2018 — Mr. Kelly Hodge with Loloff Construction emailed the Division stating he had contracted with Johns Pump Service to investigate Mr. Francis' wells, but had not been able to contact Mr. Francis. January 24, 2018 —The Division emailed Mr. Francis to inform him Loloff Construction had hired Johns Pump Service to investigate his wells, but were unable to contact Mr. Francis. The Division instructed Mr. Francis to contact Loloff Construction. January 31, 2018 — Mr. Kelly Hodge with Loloff Construction showed the call log on his phone indicating attempts to contact Mr. Francis recently during a meeting with the Division. Mr. Hodge stated Mr. Francis did not return his calls. Due to the lack of cooperation by Mr. Francis to contact Loloff Construction and allow Johns Pump Service on his property to investigate his wells the Division considers this complaint resolved. 6/7/2018 State.co.us Executive Branch Mail - Loloff Mine Complaint Investigation bc NJ STATE OF COLORADO Hays - DNR, Peter <peter.hays@state.co.us> Loloff Mine Complaint Investigation Kelly <kahodgel @comcast. net> To: "Hays - DNR, Peter" <peter.hays@state.co.us> Cc: rrgeist2 <rrgeist2@aol.com> Peter, Thu, Jun 7, 2018 at 6:48 AM Jeff Anderson and myself went to Rocky Francis residence to investigate the complaint of well issues. As to Mr. Francis first complaint that the well water levels have not improved the only well in the area that had access was the stock well #2655A. In 2015 the division recorded static water levels of 22.64 ft. In December the division recorded levels at 16.78 ft. on 6/6/2017 the static water level was 12.4 ft. Rocky's records showed the previous months level at 12.9. I asked Mr. Francis to turn the well on to see if there was adequate water supply and he said no, there was not enough and that his pump might burn up. I said that he (Rocky) had just measured the water depth at 12.4 ft. he replied that there was not enough water at that time. I asked him when the last time he tried the well was and he replied "20 years ago." I stated that unless we turn the pump on we don't know if there is a problem and he agreed to turn the pump on. After some time Rocky turned the pump on and stayed inside for a period of time due to fire concerns. When the pump was turned on it ran a stream of clear water for several seconds followed by rust colored water, then clear again. The pump ran for approximately 2 minutes and did not run out of water. I asked Mr. Francis to turn on his irrigation well and he said that if he turns it on and it blows up that I would be responsible for the damage, I declined and asked him when the last time he tried to run the pump was and he replied "around 20 ago". I asked him how do we know if there is a problem with this pump if you haven't tried it and he stated that "because we stopped dewatering our pit the ditch is empty and that the ground water was flowing around his property." I reminded him that ground water was at 12ft. 100ft. away at his other well. He stated the ditch was dry and there was no water for his irrigation well and perhaps our slurry wall had failed. I asked if we could check the depth of water in the casing and he said no,they have been unable to remove nut to allow that for quit some time. Well #135883 Domestic well. We measured water level at 10ft. and the water probe got stuck on something in the casing, I asked rocky what it was stuck on and he said that the electrical line had been cut and that they have not used it for several years because the house had a water tap. I informed Rocky that I would report my findings to Peter Hays and that until the pumps are able to be turned on to determine if there is a problem this matter is resolved. From: "Hays - DNR, Peter" <peter.hays@state.co.us> To: "Kelly" <kahodge1 @comcast.net> Sent: Tuesday, June 5, 2018 2:41:41 PM Subject: Fwd: Loloff Mine Complaint Investigation https://mail.google.com/mail/ca/u/0/?u i=2&ik=8e52a072bb&jsver---dxVNc9Y02g.en.&cbl=gmail_fe_180516.06_p8&view=pt&msg=163da4a8d89aa89o&search=inl �c I5o. Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 Mr. Brian Murata 29485 County Road 43 Greeley, CO 80631 Phone: 970-396-8700 February 20, 2020 Re: Derr Pit Expansion Neighboring Landowner Agreement Mr. Murata Broken Arrow Investments, LLC has a State of Colorado Division of Reclamation, Mining, and Safety (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 1 well that is registered with the State of Colorado, Department of Natural Resources, Division of Water Resources. There is one well on your Parcel No. 096104000066 at 29485 County Road 43. The well number is Permit 246784 (domestic well). • We have had AgPro monitoring your wells since September 2019 and will continue to do so for the life of the Derr Pit mining. • We hired Quality Well and Pump to inspect and test the existing domestic well. The domestic well was inspected and pump tested by Quality Well and Pump on 1/10/20. The pump was tested and produced 25 gpm for one hour and the stabilized water level was 55 feet below the top of the casing. • The Derr Pit is going to start slurry wall construction for the original permitted area in March of 2020. • The Loloff Mine has completed the mining and are finishing the reclamation of the mine. The slurry wall was constructed in 2017 and passed the State Engineer's Office required leak test. No dewatering is occurring at the Loloff Mine. Mr. Murata RE: Derr Pit Expansion Neighboring Landowner Agreement -2- Below are the proposed items we would pay for based upon the existing conditions and evaluations that have been completed: • We hired Quality Well and Pump to set the pump lower to allow for better capacity and pumping. The pump was lowered on 1/10/20 and the intake was set at 70' below the top of the casing. The pump was tested and produced 25 gpm for one hour and the stabilized water level was 55 feet below the top of the casing. • If monthly monitoring shows that the water level in the existing domestic well on the Property gets to a level where pumping is no longer possible, BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to check the pump in the affected well and repair to allow continued production. During the time the well is out of service BAI would pay the North Weld Water District water bill and assist with plumbing changes to make the potable water available for the domestic well irrigation. We would like to have you review and respond back to us by March 15th so we may finalize the agreement. Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th St., Suite 130 Greeley, CO 80631 (303) 566-5090 fn 15b rtg Phone # Fax # QUALITY WELL AND PUMP PO BOX 577 GREELEY, CO 80632 9703533118 970-284-6445 Bill To MILL IRON MINING 801 8TH ST, STE 130 GREELEY, CO 80631 Invoice Due Date Date Invoice # 1/24/2020 1/24/2020 2020-154 ❑Please check box if address is incorrect or has changed, and indicate change(s) on reverse side. New e-mail address? Enter here: 970-566-50 Balance Due $589.35 QUALITY WELL AND PUMP PO BOX 577 PI I \yI \t. # 1'�I) ki ()I'I'I k, ';( yAIII! O! GREELEY, CO 80632 P.O. No. Terms Project Rep COD Qty Backordered Item Description Unit Price Amount 29485 CHERRY AVE, GREELEY CO SERVICE ORDERED BY JC YORK 970-222-9530, 12/20/2019 REQUESTED PUMP LOCATED AT 29485 CHERRY AVE BE LOWERED TO A SET DEPTH OF 70' - RAN SYSTEM TO ENSURE PROPER FUNCTION AND OBTAIN PUMP PRODUCTION PUMP PRODUCED 25 GPM FROM A PUMPING LEVEL OF 55' 15 0 TM12580 PVC PIPE SCH80 DROP PIPE 1.25" 1.81733 27.26 1 0 TMSS670012 CPLG DROP PIPE 1.25" SS 17.30 17.30 15 0 TM103GPJ5/10 WIRE 10/3 SUB CABLE 2.01 30.15 1 0 S10 -SALES MISC PIPE, FITTINGS AND ELECTRICAL 75.00 75.00 COMPONENTS 1 10 DOMESTIC SERVICE, HOURLY RATE - 137.50 137.50 INCREASING SET DEPTH 2 10 DOMESTIC SERVICE, HOURLY RATE - 137.50 275.00 REDEVELOPMENT - OVERPUMPING 8 0 MI -10 MILEAGE - DOMESTIC 2.85 22.80 Sales Tax 2.90% 4.34 Total $589.35 Payments/Credits $0.00 Balance Due $589.35 The title to the merchandise and personal property covered by this invoice shall remain vested in Quality Well and Pump, LLC until the purchase price is paid in full. Customer agrees to pay a service charge computed at a periodic rate of 1.5% per month (18%APR) applied to all past due amounts after deducting current payments/credits. Customer Signature: i.x I5e> Ft g Phone # Fax # QUALITY WELL AND PUMP PO BOX 577 GREELEY, CO 80632 9703533118 970-284-6445 Bill To MILL IRON MINING 801 8TH ST, STE 130 GREELEY, CO 80631 Invoice Due Date Date Invoice # 1/24/2020 1/24/2020 2020-153 n Please check box if address is incorrect or has changed, and indicate change(s) f 1 on reverse side. New e-mail address? Enter here: 970-566-50 Balance Due QUALITY WELL AND PUMP PO BOX 577 .AI } I -1V!I) ki.I it"k\ 'iik"II0'ti \S%I}}i Yt)} GREELEY, CO 80632 P.O. No. Terms Project Rep COD Qty Backordered Item Description Unit Price Amount TAYLOR RESIDENCE - 701 BALSAM AVE, GREELEY CO SERVICE ORDERED BY JC YORK 12/20/2019 - NEEDS JET PUMP REPLACED WITH SUBMERSIBLE PUMP AS PER QUOTE 01/10/2020 TRAVELED TO LOCATION PULLED JET PUMP AND INSTALLED SUBMERSIBLE PUMP - LOWERING PUMP INTAKE 40' - TESTED SYSTEM TO ENSURE PROPER FUNCTION - PUMP PRODUCING 15GPM AT 35 PSI FROM A DEPTH OF 24' 1 0 TM15FA05S4... FPS TRI .50HP 15GPM 3W 115V SS 1,188.64 1,188.64 40 0 TM 10080 PVC PIPE SCH80 DROP PIPE 1" 1.10 44.00 1 0 TMSS670010 CPLG DROP PIPE 1" SS 14.90 14.90 45 0 TM103GPJ5/10 WIRE 10/3 SUB CABLE 2.01 90.45 1 0 TMHS4 HEAT SHRINK KIT #10, 12, 14 4WIRE 5.98 5.98 1 0 TM637168 BRASS BUSHING 1.25" X 1" 16.22 16.22 2 0 TMU140 SHARK BITE MALE ADAPTER 1" 23.86 47.72 1 0 TM684030 BRASS NIPPLE 1" X 3" 14.12 14.12 1 0 TMCV100BE CHECK VALVE 1" NO -LEAD 4051E 74.34 74.34 1 0 TM606010 BRASS ELL 90DEG 1" 18.11 18.11 1 0 TMFSG24060 PRESSURE SWITCH 40/60 PSI 33.45 33.45 2 0 TM680060 BRASS NIPPLE 1/4" X 6" 7.845 15.69 1 0 TM601002 BRASS TEE .25 7.99 7.99 1 0 TMPG1TNL PRESSURE GAUGE 0-100 2" 13.58 13.58 1 0 TMFECB0501... FE BOX .50HP 115V 118.01 118.01 Total Payments/Credits Balance Due The title to the merchandise and personal property covered by this invoice shall remain vested in Quality Well and Pump, LLC until the purchase price is paid in full. Customer agrees to pay a service charge computed at a periodic rate of 1.5% per month (18%APR) applied to all past due amounts after deducting current payments/credits. Page 1 Customer Signature: rt QUALITY WELL AND PUMP PO BOX 577 GREELEY, CO 80632 Phone # 9703533118 Fax # 970-284-6445 Bill To MILL IRON MINING 801 8TH ST, STE 130 GREELEY, CO 80631 Invoice Due Date Date Invoice # 1/24/2020 1/24/2020 2020-153 ❑Please check box if address is incorrect or has changed, and indicate change(s) on reverse side. New e-mail address? Enter here: 970-566-50 Balance Due $2,467.02 QUALITY WELL AND PUMP PO BOX 577 Hi I r\(;H RIa ( R'y I (?I' l'UR I L iN WI HI V(R PAY t GREELEY, CO 80632 P.O. No. Terms Project Rep COD Qty Backordered Item Description Unit Price Amount 1 0 TM650001 BRASS PLUG 1/8" 3.10 3.10 2 0 TMI/VIRAP100... AQUA PEX TUBING 1" SHARK BITE PER 2.28 4.56 FOOT 2 0 TMU260 SHARK BITE 90DEG ELBOW 1" 31.58 63.16 2.5 10 DOMESTIC SERVICE, HOURLY RATE, PUMP 137.50 343.75 REPLACEMENT 2 10 DOMESTIC SERVICE, HOURLY RATE, REDEVELOPMENT OF WELL - 137.50 275.00 OVERPUMPING 8 0 MI -10 MILEAGE - DOMESTIC 2.85 22.80 Sales Tax 51.45 Total $2,467.02 Payments/Credits $0.00 Balance Due $2,467.02 The title to the merchandise and personal property covered by this invoice shall remain vested in Quality Well and Pump, LLC until the purchase price is paid in full. Customer agrees to pay a service charge computed at a periodic rate of 1.5°/, per month (18%APR) applied to all past due amounts after deducting current payments/credits. Page 2 Customer Signature: f i (e go DNR January 27, 2020 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources Mel Bickling Via email at mbick7077@outlook.com Re: Loloff Construction, Inc., Loloff Mine, File No. M-1985-112, Complaint Against Mining Operation (CT -13), Complaint Resolution Mr. Bickling, The Division of Reclamation, Mining and Safety (Division/DRMS) received your complaint letter (CT -13) against the Loloff Mine permitted by Loloff Construction, Inc. (Loloff) on October 14, 2019. On December 19, 2019 and January 22, 2020 Loloff submitted responses to the complaint letter to the Division. A copy of the complaint response letters are attached. Additionally, the Division's responses to your specific complaint letter questions are attached. Based on the complaint response from Loloff, the Koehler owned groundwater wells have returned to the historic groundwater elevation following the completion of the Loloff Mine slurry wall in 2017. Additionally, Loloff committed to working with the Koehler's on a mitigation measures related to potential impacts from the dewatering of the Derr Pit. The Division considers the complaint resolved and no further action will be taken by the Division regarding your complaint letter. If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hayys Environmental Protection Specialist Enclosures— Loloff Construction, Inc. December 19, 2019 and January 22, 2020 Complaint Response Letters, DRMS Complaint Questions Response Ec: Jared Ebert, Division of Reclamation, Mining & Safety Kelly Hodges, Loloff Construction, Inc. J.C. York, J&T Consulting, Inc. 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://colorado.Qov/drms Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director December 19, 2019 Mr. Peter Hays Division of Reclamation, Mining, and Safety 1313 Sherman Avenue, Room 215 Denver, CO 80203 RE: Loloff Construction, Inc. - Loloff Mine - DRMS M1985-112 Dear Mr. Hays, Loloff Construction, Inc. would like to provide you with a response to the complaint filed by Mr. Bickling on October 14, 2019 and Ms. Lida Stout on November 22, 2019. We have reviewed the complaints and wanted to provide you with information that we have collected and items we have been working on in relation to the adjacent gravel mine permit owned by Broken Arrow Investments, LLC (the Derr Pit DRMS M2008-078) Use by Special Review Amendment with Weld County. Broken Arrow Investments, LLC is owned and managed by the same people that own and operate Loloff Construction, Inc. ➢ 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 Investments, LLC / Loloff Construction, Inc. 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 are also planning to lower the pump setting at the Taylor Well. ➢ Broken Arrow Investments 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. ➢ We have nearly completed exhibits that help explain our groundwater modeling efforts and plan to review these exhibits with the neighbors prior to finalizing the report conclusions and recommendations. To date we have met with Mel Bickling and the Koehler family. We just received some information on the wells that Loloff Construction, Inc. 801 8th Street, Suite 130 Greeley, Colorado 80631 RE: Loloff Construction, Inc. — Loloff Mine — DRMS M1985-112 12/19/19 -2- Agpro measured to determine the bottom depth of the Koehler domestic and stock wells. ➢ J.C. York with J&T Consulting, Inc. met with Mr. Jay Goza who owns the well at 274 1st Avenue. Mr. Goza has allowed access to the well to measure the static level and it was at 10'-6" on November 19, 2019. Mr. Goza indicated that the well has been at its historic levels for the last several years (see attached e-mail from Mr. Goza). ➢ The complaint from Ms. Lida Stout indicates the well was re -drilled because it had gone dry. A slurry wall was constructed in 2017 around the Loloff Pit and a leak test was passed for this slurry wall. Per information from Mr. Goza at his well and which is approximately 650 feet from the Stout well it was likely not dry over the last couple years. J.C. York with J&T Consulting, Inc. contacted Quality Well and Pump and they indicated the water level during drilling of the Stout well was 15 feet and after completion of the well it was 8 feet. Quality Well and Pump also indicated the well was relocated due to it's location being hard to access as the original well was inside a vault under the drive/parking area at this residence. The complaint also states that the well had to be re -drilled to get it further away from the septic system because it was to close. ➢ Only minimal pumping occurred to remove water and storm water remaining in the sealed pit to complete the mining the remainder of 2017, 2018, and 2019 per the approved Substitute Water Supply Plan and accounting with the Division of Water Resources to complete mining in the pit. ➢ Monitor well data was provided with annual reports in previous years for the monitor wells adjacent to the Derr Pit. Monitor data on surrounding wells was provided in 2015 for the Parker, Harrel, and Francis Wells from April through June. The data for readings after that we do not have as it was on a computer that the hard drive is corrupted and files cannot be retrieved. We have been monitoring the adjacent wells where we have Agpro taking monthly readings at the wells shown on the attached maps and the monitor wells at the Derr Pit. ➢ The Monroe well was being taken care of by running dewatering water into a recharge pond adjacent to that well when dewatering was occurring. No dewatering is occurring now because the Loloff Pit is nearly mined out and the slurry wall sealed the pit from groundwater entering the pit. Water levels are higher in the adjacent wells (i.e. Jay Goza and Brian Harrell wells). Monroe has not indicated to us that there are any issues with their well. ➢ The Tyrell well was previously inspected by Quality Well and Pump and the inspection revealed that a bad regulator valve was the issue with the well. The valve was fixed and the well was placed back in operation. This has previously Loloff Construction, Inc. 801 8th Street, Suite 130 Greeley, Colorado 80631 RE: Loloff Construction, Inc. — Loloff Mine — DRMS M1985-112 12/19/19 -3- been documented with DRMS by Superior Oilfield Services who was the operator for the 8th Street Pit. ➢ The Hernandez well was investigated by Quality Well and Pump for Loloff Construction previously and it was determined the well was too close to the septic tank and leach field so it could not be re -drilled. Loloff Construction paid for a water tap from North Weld County Water District (NWCWD) and the construction of the service from NWCWD water main to the Hernandez residence. > The Davis well is being utilized as a monitoring well and measurements are being taken monthly. This well was not being used as the property owned by Global Asset Recovery was placed in a dry up agreement by the previous owners. The well is not dry. > The Taylor well was inspected in October 2019 and pump tested. The static water level was at 15' prior to performing the pump test. The pump produced 13 gpm at a depth of 20 feet. This well is not dry. The well is also being measured monthly and Loloff Construction continues to pay Ms. Taylor's water bill for her water service from NWCWD. ➢ The Francis irrigation well and stock well were also inspected in October 2019 and pump tested. The Francis domestic well was also inspected but was not dry. The wells were not dry. As stated previously we are working with Mr. Francis on his wells. The well readings completed previously by Loloff Construction and DRMS in 2017 and 2018 were similar in depth to the readings in October 2019. Please refer to the attached monitor well and well measurements that Agpro has been providing for Loloff Construction and Broken Arrow Investments. We will continue to monitor all of the wells included in the tables. Kelly Hodge Phone: (970) 566-5090 Loloff Construction, Inc. and Broken Arrow Investments, LLC Monitoring Well and Well Water Levels Well Location Map Monitor Well Location Map E -mails from Mr. Jay Goza Loloff Construction, Inc. 801 8th Street, Suite 130 Greeley, Colorado 80631 Project 2354-01 Client Mill Iron Location Derr Pit 9/26/2018 Monitoring Well s Meter Depth to Water ' from TOC (ft) Water, Elevation , -(MSL) MW -1 16 73 4614 65 MW -2 17 18 4613 73 MW -3 17 87 4613 51 MW -4 15 73 4615 90 - MW -5 Broken, No Readings ' Broken, No Readings MW -6 15 31 4618 05 MW -7 0 00 0 00 MW -8 18 07 4617 17 MW -9 15 74 4618 28 MW -10 14 75 4617 36 MW -11 14 21 4616 25 MW -12 16 58 4614 62 MW -13 17 42 4613 96 MW -14 49 19 461140 MW -15 41 59 4618 77 MW -16 - MW -17 MW -18 - 10/26/2018 11/20/2018 2 Meter Depth to Water Water Elevation Meter Depth to Water Water Elevation from TOC (ft) - (MSL) ' from TOC (ft) (MSL) 17 06 4614 32 17 14 4614 24 17 06 4613 85 17 03 4613 88 17 67 4613 71 17 63 4613 75 15 38 4616 25 15 34 4616 29 Broken, No Readings f Broken, No Readings Broken, No Readings Broken, No Readings 14 89 4618 47 14 78 4618 58 16 57 4619 03 16 43 4619 17 17 79 4617 45 17 71 4617 53 1532 461870 1521 461881 13 89 4618 22 14 25 4617 86 13 89 4616 57 13 80 4616 66 16 51 4614 69 16 49 4614 71 17 21 4614 17 17 18 4614 20 45 97 4614 62 45 90 4614 69 41 11 4619 25 43 01 4617 35 12/18/2018 1/17/2019 Meter Depthrto Water ' 'frorn,TOC (ft)_ _ ' ' Water -Elevation' - (MSL)' ,. ' Meter tiepth_to Water from TOC_(ft) ti_ =- , Wat er Elevation `_, r, 1MSL) ",� 17 38 4614 00 17 72 4613 66 17 03 4613 88 17 56 4613 35 17 63 4613 75 18 16 4613 22 15 34 4616 29 15 74 4615 89 Broken, No Readings , ', Broken, No Readings _ ,x Broken, No Readings : _,;,Broken`, No Readings 14 78 4618 58 15 13 4618 23 16 43 4619 17 16 75 4618 85 17 71 4617 53 18 09 4617 15 15 21 4618 81 15 56 4618 46 14 25 4617 86 14 60 4617 51 13 80 4616 66 14 22 4616 24 1649 461471 1695 461425 26 48 4604 90 17 70 4613 68 45 90 4614 69 46 37 4614 22 43 01 4617 35 4137 4618 99 2/12/2019 3/7/2019 Meter Depth to,Water ' Water Elevation Meter Depth to Water -Water Elevation from TOC (ft), -, - -(MSL) � - ' from TOC (ft) ,(MSL) 18 10 4613 28 18 30 4613 08 17 95 4612 96 18 19 4612 72 18 58 4612 80 18 79 4612 59 16 11 4615 52 25 46 4606 17 Broken, No Readings Broken, No Readings Broken, No Readings _ Broken, No Readings 15 49 4617 87 15 74 4617 62 17 11 4618 49 17 34 4618 26 18 44 4616 80 18 65 4616 59 15 92 4618 10 16 13 4617 89 14 98 4617 13 24 30 4607 81 14 58 4615 88 14 81 4615 65 17 33 4613 87 17 54 4613 66 18 08 4613 30 18 32 4613 06 46 75 4613 84 46 99 4613 60 41 71 4618 65 51 07 4609 29 r- 4/22/2019 5/14/2019 ' Meter Depth to Water ' from TOC (ft) ` Water Elevation , L)'_ ' - (MSfrom Meter Depth to Water - ' TOC (ft)" '' (ft)", Water Elevation_ , - -- ' 27 66 4603 72 22 31 4609 07 19 06 461185 28 70 4602 21 19 46 461192 20 22 4611 16 17 02 4614 61 18 63 4613 00 'Broken, No Readings Broken, No'Readings s ` Broken, No Readings Broken, No Readings 16 34 4617 02 17 63 4615 73 1791 461769 1871 461689 19 27 4615 97 19 91 4615 33 16 75 4617 27 25 56 4608 46 15 85 4616 26 26 60 4605 51 15 55 4614 91 16 70 4613 76 18 03 4613 17 27 43 4603 77 19 18 4612 20 29 09 4602 29 47 61 4612 98 48 44 4612 15 42 55 4617 81 43 49 4616 87 6/21/2019 7/24/2019 Meter Depth to Water Water Elevation Meter Depth to Water Water Elevation from TOC (ft) (MSL) , ,- from TOC (ft) (MSL) 14 60 4616 78 16 41 4615 14 20 28 4610 63 20 75 4610 33 2065 461073 2092 461063 20 40 4611 23 20 49 4611 31 _ Broken, No Readings Broken, No Readings 4 Broken, No Readings Broken, No Readings 18 55 4614 81 18 61 4614 92 19 42 4616 18 19 42 4616 35 2073 461451 2090 461451 18 53 4615 49 18 77 4615 42 18 67 4613 44 18 79 4613 49 17 87 4612 59 18 04 4612 59 19 09 4612 11 19 62 4611 75 20 87 4610 51 21 17 4610 38 49 02 4611 57 50 15 4610 61 43 61 4616 75 44 31 4616 22 8/21/2019 9/17/2019 Depth to Water - from TOC (ft) vaion ''Water Elet i ' , (MSL) , Depth_to Meter Depthto Water , ' from TOC (ft): - - Water,Elevation', (MSL-Y 17 99 4613 56 no reading, roots no reading, roots 21 11 4609 97 22 56 4608 52 2128 4610 27 22 57 4608 98 20 63 4611 17 22 74 4609 06 :Broken, No Readings Broken, No Readings Broken, No Readings Broken, No Readings 18 95 4614 58 19 54 4613 99 19 85 4615 92 20 38 4615 39 2141 4614 00 22 27 4613 14 19 16 4615 03 19 75 4614 44 19 10 4613 18 19 87 4612 41 18 45 4612 18 19 61 461102 20 23 4611 14 21 61 4609 76 2139 4610 16 22 97 4608 58 49 56 461120 50 66 4610 10 44 71 4615 82 45 08 4615 45 43 63 4612 73 44 44 4611 92 47 00 4616 80 46 95 4616 85 46 38 4621 28 46 52 4621 14 10/10/2019 11/13/2019 Meter Depth to Water from TOC (ft) - Water Elevation (MSL) , Meter Depth to Water from TOC (ft) Water Elevation (MSL) 18 50 4613 05 18 46 4613 09 22 18 4608 90 23 31 4607 77 22 36 4609 19 23 28 4608 27 22 27 4609 53 23 18 4608 62 Broken, No Readings Broken, No Readings Broken, No Readings Broken, No Readings 20 00 4613 53 20 30 4613 23 20 71 4615 06 21 05 4614 72 22 51 4612 90 23 01 4612 40 19 96 4614 23 20 28 4613 91 20 48 4611 80 20 82 461146 19 79 4610 84 20 36 4610 27 21 31 4610 06 22 43 4608 94 22 55 4609 00 23 62 4607 93 50 65 4610 11 50 65 4610 11 45 40 4615 13 45 64 4614 89 44 52 4611 84 44 87 461149 4659 461721 4675 461705 46 61 462105 46 74 4620 92 12/10/2019 `Meter Depth to Water from TOC (ft) ,Water Elevation (MSL)' , no reading, roots no reading, roots 23 30 4607 61 23 32 4608 06 23 07 4608 56 Broken, No Readings Broken, No Readings 20 28 4613 08 21 01 4614 59 22 97 4612 27 20 26 4613 76 20 78 4611 33 20 30 4610 16 22 41 22 41 23 62 4607 76 51 25 4609 34 45 57 4614 79 44 91 4611 28 46 80 4616 83 46 73 4620 76 MILL IRON OFFSITE PRIVATE WELLS Units = Feet SEPTEMBER2019 OCTOBER2019 NOVEMBER2019 PAS 9/26/2019 26 -Sep 19 MK 10/10/2019 10 Oct 19 MK 11/14/19 Site Number Identifier Stick-up (Ground or concrete slab to monitoring point) Adjusted Meter Reading (Subtract 0165) Field Reading Depth to Water Depth to Water from Ground Surface Field Reading Depth to Water Depth to Water from Ground Surface Field Reading Depth to Water Depti i from Si i 1 ' Hofner #1 Dom -0 875 -0 165 45 48 44 44 45 47 44 43 45 60 2 Hofner #2 Irr -0 854 -0 165 48 67 47 65 48 45 47 43 48 89 3 Koehler #1 Dom (Vault) 5 000 -0 165 43 68 48 52 43 73 48 57 43 90 4 Koehler #2 stock (Vault) 6 290 -0 165 41 25 47 38 4132 47 45 41 52 5 Koehler #3 Irr -0 271 -0 165 50 80 50 36 49 99 49 55 50 18 6 Global Assets Davis Irr -1 125 -0 165 47 90 46 61 47 91 46 62 48 10 7 Bliss Irr -1 021 -0 165 46 20 45 01 46 40 45 21 47 05 8 Parker Dom (Vault) -0 450 -0 165 no reading #VALUEI 42 50 41 89 42 75 9 Francis #1 Stock -1 625 -0 165 13 60 11 81 14 69 12 90 15 71 10 Francis #2 Irr -1375 -0 165 11 33 9 79 12 39 10 85 13 82 11 Francis #3 Dom 0 000 -0 165 12 20 12 04 13 21 13 05 14 61 12 Taylor Dom -0 813 -0 165 17 33 16 35 17 03 16 05 18 95 13 Harrell) #1 Dom -1 167 -0 165 11 25 10 08 11 80 10 47 12 03 14 Harrell) #2 Irr -0 729 -0 165 10 08 9 35 10 65 9 76 10 95 15 Murata #1 Irr -1958 -0 165 50 25 48 13 50 20 48 08 50 80 n , , , m MW18 8 ii MW17 ., 7 Tki L0.O t I 1 I a ' q I it itpi O \c, I 1 1 3 yY dy G� ` �� fLW 7.. ', - -- --=- Mme_ 6=_ _ _ r I , .. \':\'' / 1 lid 1 'W 9 ,- - t ° 4 i, MW 8 ,,, , - 1 _--� ` ='` _ % MW 10 , , 1_ J' J �. ; t/ '--- 700' U i fit • r l III,�4 I I� `L�_-- -- ..,, ;a- • 1`: s r' P`1` a �', f° - t' c� �.1r ' ..',.. Mt. W 11 �' I , .... .. •.t‘'' I A iii" 4414... ,< MW 14 ` ., t \ MW 16 , "-"- --z • _4\ i_ 1 y,, MW 2 �Wi�^^ 11,:- LEGEND: r► PROPOSED MONITORING WELL MW 12 MONITORING WELL NUMBER 400 200 0 400 NMI NMI MIMI NM SCALE IN FEET u' J&T Consulting, Inc. 1400 W 122nd Avenue - Suite 120 Westminster, CO 80234 303-457-0735 BROKEN ARROW INVESTMENTS, LLC DERR PIT MONITORING WELL LOCATION MAP D eNo Job 07123 Drawn WSS Scale 1 " = 400' Sheet 1 Of 1 JC York From: Sent: To: Subject: Jay Goza <kcl_Ilc@yahoo corn> Wednesday, November 20, 2019 6 52 PM JC York Re Loloff Pit - Dewatenng and Slurry Wall Yes they did make that offer Sent from my 1Phone On Nov 20, 2019, at 2 03 PM, JC York <J cyork@j-tconsulting corn> wrote Jay — Did Loloff offer to provide you water when your well was lower? Regards, JC J C York, P E J&T Consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton, CO 80621 Office (303) 857-6222 Mobile (970) 222-9530 FAX (303) 857-6224 From: KCL [mailto kcl Ilc@yahoo corn] Sent: Wednesday, November 20, 2019 9 28 AM To: JC York Subject: Re Loloff Pit - Dewatenng and Slurry Wall JC, yes, well is supplying my shop water needs now and for the past 3-4 yrs with no problems A few years back, the well was not providing adequate water At that time we checked water levels and only had 4-5 feet water in the well bore (normal was 15-16 feet) and would not recover fast enough to even fill my 20 gal pressure tank (we are a low volume user, probably less than 100 gaUday) At that time a slurry wall was being installed and i was informed that should alleviate my well issue On 11/19/19 we checked the water levels and found water at 10 feet, so approx 15-16 feet of water in well -bore is historically were it should be jay On Tuesday, November 19, 2019, 01 32 41 PM MST, JC York <Jcyork@j-tconsultmg com> wrote Jay — Thanks for meeting with me today and allowing us to measure your well water level The water level from the top of your casing was at 10'-6 5" The depth of your well was approximately 26 feet 1 I wanted to ask you a few questions about how things have been with your well since the slurry wall was installed and prior to it being installed Is your well working for your uses currently? Did the slurry wall installation bring the water levels you historically have seen back to those levels'? What was the historic water level in your well over the last several years9 When the Loloff Pit was being dewatered you mentioned it did affect your well9 What were the affects') Did Loloff Construction provide assistance to help or offer to help with mitigating the affects9 Thank you for your time today and please let me know if you can provide answers to the questions above Regards, JC 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 2 , •, or _. tre - - P- i114 lk nip Ir >♦ �r I tea' t tr . — p 1f� � b� a .41� tfy —'fir ; �.'an r "Ir4i� i , F 'i� =--E..-E, R.7,,,_ k - , Er : I y4y� c- k r� i�i�l. _ N iii '_� 1 Igo II '��4.1. i 4 -1 a �....•T..lCii,] h''. ' "1 Y - 1 � ' rt / i - rte' r >Rr"� - _ `7 January 22, 2020 Mr. Peter Hays Division of Reclamation, Mining, and Safety 1313 Sherman Avenue, Room 215 Denver, CO 80203 RE: Loloff Construction, Inc. - Loloff Mine - DRMS M1985-112 Dear Mr. Hays, Loloff Construction, Inc. would like to provide with additional information on mitigation for the Loloff Pit in regards to the groundwater levels. The following are items that have been accomplished/completed to mitigate groundwater levels: > The slurry wall was installed and completed in 2017 and the leak test passed and was approved by the State Engineer's Office on April 26, 2019. ➢ No dewatering is occurring at the Loloff Mine and mining is nearing completion as well as the reclamation of the mine. > Well levels are being monitored monthly by Ag Pro adjacent to and in the surrounding areas to keep records of depths to static water levels. These will continue to be monitored as part of the monitoring program for the Loloff Mine and the Derr Pit. The following are items that are in progress to mitigate groundwater levels for the Derr Pit: ➢ We met with Mr. Bickling who is representing the Koehler family and provided monitoring information to him. ➢ We have also provided information from the draft groundwater model that we are working to finalize for the Derr Pit as part of the Weld County USR Amendment application. > We are working on an agreement to present to Mr. Bickling on mitigation measures for the Derr Pit. We have not presented the agreement yet as we are working on getting additional information on the existing Koehler wells to help establish the mitigation. Sincerely, Kelly Hodge Phone: (970) 566-5090 Loloff Construction, Inc. and Broken Arrow Investments, LLC Loloff Construction, Inc. 801 8th Street, Suite 130 Greeley, Colorado 80631 £a DNR January 27, 2020 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Mel Bickling Via email at mbick7077@outlook.com Re: Loloff Construction, Inc., Loloff Mine, File No. M-1985-112, Complaint Against Mining Operation (CT -13), Division's Complaint Responses Mr. Bickling, The Division of Reclamation, Mining and Safety (Division/DRMS) received your complaint letter (CT -13) against the Loloff Mine permitted by Loloff Construction, Inc. (Loloff) on October 14, 2019. The Division's responses to your specific complaint letter questions are attached. 1. What are the dates when the dewatering started and stopped at the Loloff Mine? There was a pumping log that was to be provided by the operator. Cannot locate the pumping log in the file. The Division does not require the Operator to provide notice of the commencement or termination of dewatering and does not require pumping logs to be submitted to the Division. 2. There is a Dewatering Well Permit No. 77467. This well is not to exceed 127.69 Acre feet. NPDES permit COG -500375 discharge is 3 million gallons per day? Is this correct? The Division does not issue dewatering well permits. Please contact the Colorado Department of Water Resources. 3. A summary of all existing data from the current monitoring well locations is required as part of the DRMS permit. The applicant claims to have recorded ground water levels at the existing permit area on a monthly basis. Cannot file the monthly report on the water levels. The groundwater monitoring data is required to be submitted with the Annual Report for the site on February 4th annually. The annual reports are available on the Division's website at: https://dnrweblink.state.co.us/drms/search.aspx?dbid=0 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://colorado.gov/drms Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Page 2 of 5 January 27, 2020 4. There were signed agreements with Parker, Taylor, Francis, Monroe, Tyrell and Harrell indicating that the operator was going to measure the ground water levels on a monthly basis starting in 2013. Was not able to find the monthly reports in the file? The Owners were not contacted with the water level reports. The groundwater monitoring data is required to be submitted with the Annual Report for the site on February 0 annually. The annual reports are available on the Division's website at: https://dnrweblink.state.co.us/drms/search.aspx?dbid=0 5. There was a violation dated 3-17-15 TR-01 Operator has not monitored the wells as agreed. What was the outcome of the violation? The Division did not issue a violation on March 17, 2015. A problem was cited on March 17, 2015. The problem was addressed by the Operator on April 23, 2015. 6. Could not find the final resolution for the Monroe Well? Permit number 44981. Last report indicated that the operator was filling the pond with the water from the Loloff dewatering? The Operator and Monroe's agreed to recharge the pond with discharge water until dewatering conclude at the site. Please see the attached Operator's response to your question. 7. Could not find the final resolution for the Tyrrell Well. Permit number 134824-A. Last report the owner was looking into the City of Greeley water to be installed on his property. Please see the attached Operator's response to your question. 8. Could not find the final resolution for the Hernandez/Palma well. Permit number 297435. The last report indicated that North Weld County Water District will install a new water tap? Please see the attached Operator's response to your question. J& T Consulting provided a ground water model from McGrane Water Engineering, LLC to predict the ground water levels before and after the slurry wall installation. The report was dated July 13, 2015 and was included in the report dated "2015-09-30 Permit File" starting with page 49. The summary indicates that there will be an increase of .5 to 2 feet on the up gradient wells and a decline in water levels of approximately 1 foot on the down gradient side of the slurry wall. This report was to be used to make sure that the homeowners were not harmed by the dewatering and the installation of the slurry wall. J&T Consulting and the Operator did not complete the measurements as suggested. Page 3 of 5 January 27, 2020 12. The Division engineering staff has reviewed and accepts the MODFLOW model and report dated July 13, 2015 by McGrane Water Engineering, LLC. 13. Please provide mitigation measures for the groundwater mounding and shadowing effects due to the proposed slurry wall to be implemented and trigger points which would put mitigation measures into effect. The mitigation measures must include a scenario for the installation of a French drain to direct groundwater around the slurry wall and restore groundwater levels to the historic elevation in area of groundwater mounding. On page 3 of the report McGrane Water Engineering, LLC recommended (1) Canvasing 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. J &T Consulting and the Operator did not do anything with this modeling report. They did not measure a baseline ground water level on the listed wells before the installation of the slurry wall. The slurry wall was installed 2 years after the date of this modeling report in 2017. They did not measure the post slurry wall ground water levels even two years after the slurry wall was installed. This is the list of the 2019 results from the McGrane report. (Previous owner) (1) Terry Stout (Trujillo) 170 1st Ave Well dry for two years. Owner drilled new well cost $15098.96 in 2019. Will be filing a claim for reimbursement Permit number 23312-A Static water level report 5 feet 2019 Static water level 15 feet (2) Orona old address Route 1 Box 5B well location unknown Permit number 28174 Static water level report 8 feet (3) Palma/Hernandez 160 1st Ave. Well went dry. NWCWD water tap $45,000 paid by Loloff Permit number 297435 Static water level unknown. Cannot re -drill well too close to septic (4) Harrell Eldon 288 1st Ave Permit number 226878 - A Well static water level reported 16 feet Page 4 of 5 January 27, 2020 (5) Jay Goza Trust (Rothe) 274 1st Ave Well was out of water 50% of the time for two years. Permit number 259513 Static water level reported 2 feet 2019 Static water level down (6) Truyello well address unknown 1st Ave Permit number 2947-F Static Water level report 6 feet (7) Harrell Brian 288 1st Ave Well not used, abandoned (8) Dilka well address unknown 1st ave Permit number 44539 Static water level 3 feet (9) Vanbeber well address is unknown Permit number 25941 Static water level reported 2 feet (10) Wadsworth 260 1st Ave. Well abandoned Permit number 19472-F Static water level reported (11) Vanbeber well address unknown Permit number 16038 Static water level reported 4 feet Conclusion for the up gradient: The ground water level decreased between 10 and 15 feet during the dewatering process. Do not know if the slurry wall increased the ground water levels along 1st Ave. The Operator and J& T Consulting did not measure the baseline water levels starting 2 years before the slurry wall was installed, as suggested in the McGrane Report dated July 13, 2015. It appears that the ground water levels along 1st Ave have permanently been lowered by at least 10 feet since the dewatering and slurry wall installation. There has not been any ground water recovery since the slurry wall has been installed. DOWN GRADIENT (1) Varra this well is a dewatering well located in a gravel pit SE of the Loloff pit. Permit number 75865-F (2) Davis Farms This well is actually owned by the Global assets the owner of the Loloff & Derr Pits. Permit number 14960-R Static water level report 31 feet. This well has been dry several years (3) Baab This well had been abandoned since the early 2000s Permit number 620-W Static water level report 9 feet Page 5 of 5 January 27, 2020 (4) Taylor This well has been dry since 2012 Permit number 223885 Static water level report 11 feet Conclusion on the down gradient wells: All of the wells had been abandoned or were dry, years before the report by McGrane July 13, 2015. McGrane suggested that the wells be located and water levels monitored before during and after the slurry wall installation. This report was presented to the Board of County Commissioners in September and J&T Consulting and the Operator did not have an answer to "Why they did not follow up as suggested by McGrane". They asked for a continuance. There will be a Weld County Commissioner's meeting on November 20th covering the USR for the Derr Mining M-2008-017. There might be valuable information for the ORMS in this meeting. Division's response: The complainant did not provide independent data to validate the groundwater measurements provided in the complaint letter and the conclusions provided by the complainant are not supported by the data provided by the complainant and as observed in some of the listed wells by the Division and as measured by the Operator and their consultants. Please see the attached Operator's response to your question. No further action will be taken by the Division based on the well data provided by the complainant. WELD COUNTY ZMJUSR19-08-1660 GLOBAL ASSET RECOVERY, LLC c/o BROKEN ARROW INVESTMENTS, LLC EXHIBIT D re\rn a \kmxq e : Ake° BOCC Hearing — Continued from 11/20/19 Groundwater Hydrology Model — Completed Reviewed with Neighbors Landowner Agreements — Sent out and reviewed with Landowners ♦ Some signed agreements ♦ Some did not sign agreements 2 158710 12038-R 177161 18300-F ].8299-F 18298-F _18297-F 16885-F 9117- D W 130671,A 779-WCB 60123 78326--A 45785 12725 -Ft 465-WCB 269691--A * 265613 16038 12798 -R -R 205113--A 259513 •: X2947 -F "`� 287278 65W 14658 421-WCB 1 446?.1 13199-F 1415449r '� 1 .1� 11489 1 X311488 312492 311493 Vgioniviii 1314935 31149 311494 31 487 ..2468,4 311495 3114 6 I I`,.: i A 31148 311497 22150 25941 223885-A..�,; , "I A11486 135883.:'.,,.:,30562-F :311485 42443 - H • ! 620-WCB 28174 3:14936 1 1 31343 59488-MH 3204 90572 39156-F 309494 Figure 1 Study Area and Wells Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, J&T Consultants, ESRI World Topo Map 26555-A ,{ 47168 MH `833-WCB 280641 105592 137543--A Map Legend Derr Monitoring Well Derr Pit Amendment Monitoring Well Registered Well Used for Monitoring Lis DWR Water Well Well points labeled with DWR permit number. Date: November 22, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft 34 19426- R -R 374-WCB 28964 Lis. 3 19427 -Ft 780-WCB 224040--A 51423-M H 11582-R 24586-M H 13884 -Ft 11581 -Ft 14869 -RI Feet 3,000 Model Extent Loloff Pit with Slurry Wall Derr Pit with Planned Slurry Wall (2020) Derr Pit Amendment with Future Slurry Wall Grane T!a t Engineering, LLC 65W Neetey 2g 28 27 P EAsAN T VAL, EY 26 158710 gellh 41"5 2 2 12038-R I 18300-F 8299-F IAk 18298-F I 18297-F 116885-F 59117 -OW 24.20 mF 32 5 z79 -WCs 17716160123 A. .701 78326--A 12798 -R -R 45785 F ~12725-R 465-WCB 130671--A 72586 19156 - th866-F-R .20193 F AA A 21555 20194-F fri 835-IA/GB 44981 10924-F 307871 ._ it �t- 169394 20307 59216-M H 37943-M 37044.M'A 169393 L r 37942-M 39173-F I 37946-M8324 , 13430 A 59488-MH 37945-M '309494 39156-F it .I.ho-.. V1 • !la Sr F pII I fln SI 3204 47086-MH p067.23312 23312--A Ajk 269691--A 226878-A 259513 44539 ,IT 2947-F A, 287278 1' I 265613 16038 115380 A. 12713 -R • 14960 -R - r-(*) ' t V3200 -F � 1 205113--A 421 -WC 44673 14658 A 3 a r 12334 -R -R 11564-R 0 4518 -R -R 13199-F L• I dy7o n 314643 314644 CNN 25941 223885-A; ; 620 -WC 2.2150 135883. .,,30 2-F `� 28174 42443-MH .i! 2368-F 26555-A A -p-5 134824--A 68387 -F -R A A 19089-MH 2467 4 90572 833-WGB 47087-MH Figure 9 Change in Water Levels Due to Loloff and Derr Pit Slurry Wails Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Modeled Output, ESRI World Topo Map 9 w 2020-F J 5099 34 19426 -R -R 19427-R A 48096-F 48096='F•R 3 780-WCB PLEASANT '1L.LE Jf.C9•i Pt 280641 A 105592 '2678-R A 161382-A A 276622--A Lie i.ltWf r�ua.-� t1 1237'93 A, lk 374-WCB said .� 13196 -41595 -R -R p4 I 28964 A 3 51423-MH A 224040--A A 24586 -NI H A a 9844 A 5099—A 137543--A. 10 3739 A L 1152-R 13884-R I 11581-R 148694IR 1,500 Feet 3,000 11 Map Legend J Model Extent Change in Water Level Contour 'N., Mounding Drawdown Contour Interval _ as foot Loloff Pit with Slurry Wall Derr Pit with Planned Slurry Wall (2020) 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 isiiforamid w, p Mir w a a .k fi 65W Neetey 2g 28 27 PLEASANT VAL, EY 26 1587,10 'PattLet 414a91 2 2 12038-R I 18300-F 8299-F I 18298-F IAla 18297-F 116885-F 59117 -OW 2420 mF 1771 32 5 779 -WC B 61 160123 78326--A 12798 -R -R 45785 F ~12725-R 465-WCB 130671--A 72586 19156 20193-F th866-F-R AA A 21555 20194-F 835-IA/GB 11538O Z 127-13-R 205113! A 421-WCB A. 1 44981 10924-F 307871 I�.�t- _ 169394 20307 59216-M H 37943-M 37QA 4.�+ 169393 L r 37942-M 39173-F I 37946-M8324 , 13430 A 59488-MH 37945-M '309494 39156-F I rh °-.. 47086-MH 13067 23312, 23312--A iii, I 269691--A A ui 226878-A `44539 L�1 259513 .' r• 287278 \' 2947-F A 265613 16038 A 25941 L2238g5a_6.2O:wcB,: 2.150 135883,; 3,0 62-F `�- 28174 42443-M H `�:!, ' 2368-F A 26555-A A`'`"----.-- A 134824--A 14658 A 3 a r 4• 44673 I 4518 -R -R 12334 -R -R 13199-F 11564-R 314643-3144 A.4960- - a. - --..Q 13200-F 1 I 1 I I I 19089 1H .‘"2146iiii �`•1 2020-F 0.5 68387 -F -R A F I I I "In St 01 _ 3204 90572 833-wGB 47087-MH 9 w 5099 34 19426 -R -R 19427-R A 48096-F 48096='F•R 3 780 CB PLEASANT 1L.LE At64 Pt 280641 A 105592 '2678-R A 161382-A A 276622--A _aa.anap r�'Jag� t, 123193 Ali 374-WCB said c� 13196 -4595 -R -R .„.4 28964 A 3 51423-M H A 224040--A A 24586 -NI H A A 9844 A 5099—A 137543--A. H 1RTt, 11 nlyrt. 10 3739 A L 1152-R 13884-R i I 11581-R 14869=1 1,500 Feet 3,000 11 Figure 10 Change in Water Levels Due to Loloff and Derr and Derr Amendment Slurry Wails Derr Pit Weld County, Colorado Map Legend r: Model Extent Change in Water Level Contour Mounding '....� Drawd own Contour Interval _ as 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. Sources: CDSS Well Permit Database 100119, Modeled Output, ESRI World Topo Map Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft isiiforamid rsin Ii n q F. �• p wri sir pas r WELD COUNTY 2MJUSR19-'8-1660 GLOBAL ASSET RECOVERY, LLC C/o ROKEN A' 'OW INVESTMENTS, LLC -41 P r' � s i •1 - fl a 1 ; , LAST rsmmrrr 4L was I Tz-411 1 I r I•, I i r y t I r . I ti RECHARGE POND oh, (et 400 200 0 :111111111111110 400 I I I--It.4: ;ati tat, a #.I lade I I i 1 Ia I I r t WELD COUNTY 2MJUSR19-08-1660 GLOBAL ASSET RECOVERY, LLC C/O BROKEN ARROW INVESTMENTS, LLC Well improvements • Taylor well — replaced pump and lowered tested after improvements and functioning at permitted flow • Murata well — lowered existing pump — tested after improvements and functioning at permitted Noise Issues • Updated Noise Study • More Measurements from Field Locations WELD COUNTY 2MJUSR19-08-1660 GLOBAL ASSET RECOVERY, LLC C/O BROKEN ARROW INVESTMENTS, LLC Updated Noise Analysis Noise Levels — yield Measurements — See Next Slide of Reading Locations 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 2MJUSR19-'8-1660 GLOBAL ASSET RECOVERY, LLC C/o ROKEN A' 'OW INVESTMENTS, LLC LSLEQ Sound Levels Measured at Extsu ng &ruve/ Pit on Sept, 26, 2010 WELD COUNTY 2MJUSR1 8-1660 GLOBAL ASSET RECOVERY, LLC C�O BROKEN A' 'OW INVESTMENTS, LLC Derr Gravel Pit 11/20/19 Figure 1 PROCESSING PLANT LEGEND i _ 1 S+4 I d P cIBA 65 ark ;• WELD COUNTY 2MJUSR19-'8-1660 GLOBAL ASSET RECOVERY, LLC C/o ROKEN A' 'OW INVESTMENTS, LLC Derr Gravel Pit 11120/19 Figure 2 tam _ — asert is4.7111, ,. arm t PROCESSING PLANT paaarrnetroxi •i 0.e- •0* MINING AREA (10' doff)) _sa EAST C ST MURATA LEGEND J 50 4QA 16,1A fry1411A 6C dI 70dBA 75 dBA r 49A WELD COUNTY 2MJUSR19-08-1660 GLOBAL ASSET RECOVERY, LLC C/O BROKEN ARROW INVESTMENTS, LLC Traffic Route • Route Information Provided to All Trucks that Enter Pit • Deviation from Route is not Allowed or Trucks are not Allowed to Come Back • Haul route will be Balsam Avenue to th Street then to Hwy SZC if going west or continue on th Street east. WELD COUNTY 2MJUSR19-08-1660 GLOBAL ASSET RECOVERY, LLC C/O BROKEN ARROW INVESTMENTS, LLC WELD COUNTY 2MJUSR19-'8-1660 GLOBAL ASSET RECOVERY, LLC C/o BROKEN ARROW INVESTMENTS, LLC gall Mae a ..t *a ti 1[J I I I I AMUSR 1660 BROKEN ARROW INVESTMENTS, LLC DERR GRAVEL PIT s4•177 -ail at Fh1'NW Cp.ri+.1 Oar Ralial IM' 4iFA NUS. II J PART OF NE 114 SECTION 4, T5N, R65W OF THE 6TH P.M. WELD COUNTY, COLORADO 114.17C47X• Crrakal as f cal To 1C Wraa s#e abaele ark •lCTHso nut :Jr dia NNE 'Mk3 Ka 5.01;4 Ks Ur. [A► €40103 wire f .i+11Cm! lathe sot 4: *Y' 'Drat 1. at sr ti J-.ttr My 'r}r.* Mae y- err rye mLs— ramsr ear aa. OCIPRADO SUINILI — i a! 'S U MINI la\ p�- W■ Q7I lair 67 111126 PAP It not Pit line !ii afIlaa ■ I Sera_ I I, I I I.I.JJtS. W. I 1 — — — N. a_r___dir ~y r ...de/ I rosaa sa"— UC A+C 1 t .m aat 11440 it Batt he 4' • 100711 INN 74 BB y I 0 a L _ I I an( a ..a :ter 1� u-sm xc^"tct) r_._ r: s Altai amt, -Di 'set !u CI.1 SC Yfi.: IAt wall" mi.. 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WING mart Tam PI.E *AEA 'RurusLA liken WU. t TYPICAL MINING SECTION -..7 2 DEWATERING COLLECTION POND TOTAL PERMIT AREA a 14&&6 AC TOTAL MINING AREA = 7521 AC It tse S al MIN WELD COUNTY 2MJUSR19-08-166O GLOBAL ASSET RECOVERY, LLC do ROKEN ARROW INVESTMENTS, LLC NOTE; Mi. MUM, MIS eQt5CE OF Mhii1Elt SI Faa Yeti SE SEEM MO WaLa PC ■Rll PIE Ea-CEflKt4 OF ACCESS ESS MC'S M14CI1 MILL DC I I MOO -- -- r a 46' C vctiti 4510 45,0 4,rt ��-- 4500 dams isiarci or Situ a-- 4660 *70 40lI 4600 4410 CfiXRIFT f S Ji n e— ft r.L. F • �- _r Si_ "__ •I• A 4. A. 1 a • imarmacatea • • s S — rMa CS. inCtrlf+i(, I r I —.Hi It\ ileFallei rats. 4 �.•, J � tt`L� �` 1��51i`t`I It. tar Ales -a M fl alert l r; 4 I li I I LEGEND: --rub ME GUY ORE CM 1.14 Man • as 01.4 XL unit tan >tt RAM FACET MkliwME JOKER i MEMO illmSFORWER PMr TELEVH,E PEST 'L IELE-M E LP4E uslisER Uit FI7WCE U* OV DRIErI3 KCEL POWER LPL E4SIIMC CCP MIDSTREAM GAS UNE TI MESA RATER DISTRICT WATER LSE — —-4044— It', (sac coiIoims (1 INTERwI,S) Owen Rua I!• I• PROPOSED PERMIT Mt)*P4DAns i 4340 . .. Yt IS a •t*DIED su*r'r with PRoPostD C0RTIXPiS PERIMETER [IRAN pilot SUtP+CE tip •c rsa t ear WELD COUNTY 2MJUSR19-'8-1660 GLOBAL ASSET RECOVERY, LLC do BROKEN ARROW INVESTMENTS, LLC KM t i 24. AMU Ct*fGR *CM I. LSlL. Let ri-lAlit # cal a : TU J '.IV MUM KA„I' S7 1a135. 1W4• 1 or" I I 1 I. I ter— a a I I Kt Pre WIMP M1. MEC in 11a* Ma1E4r#L 9:^ 991Minn.:1Trii 141'b!1• PL'{. 9Pai 24 I712 a a - ,l. a - s .we, .-441; t a_lk1aM tLTL'i' TIT f stet H.r T Tn PE a&— .- i. IIELi LMIg -44gIP glint Ora --I- TiarrUrik J iart ECM. Tut Y ai'll kat% -1- . Th muraineD .aue. ARID!?1t 4 rra J. ITC !— I IL ;Fr - e I — II .41.A3ea TA.10T 2:: .: *1.,- ro-t a a 6.11 3` mai —St 'et '—` kC P CTNl LW ' Li0=tat T' Iii Fi Ain! .A striiatea it 4y J`t i„._ PHASE ibritsulmsWed TDjsu1S. Me Abiliarefinitilii afraid Rad .11Y1 wt. Abu L1 J• r rya. k / yL —' mar y 1-1 I I I Is.r I• r I 0 r t It tersgettCC 4 II I I I it's1"6 1 — eV Ma „t, 5, �S 1. � IndeY�tt-af�l I 1 NS li I I ti4g r -.flab 1 Nis 'Ng *.fittera Jai ,Y r' 4,4IPALrrf .41`Z' .7i % g I . ).1 II' II satlePI 11 f �Ir Ia11� a�. !• Mil i ''h r r -...t ) II • r° *IS,. �` r i'.'r:• t �'a. �' 4,1 a.� .1 •RIP? I , 1 r tJ. ►,^ itina ti r , ,^ , J ,Ilia.kJ.;'r ^� I, i. far. er apt I^t r ! Y:r? Y� i I • , r Y ti _ �- . )in nit I —-----•—........i : 9t PPM I .aapeat Lilt t r I' a� •r-� J r t -'t I I J otwo gar 1r I I, r .1;,t2) l .r -oat r •.0 1.f $ I P i sJ PSG ,. WS. Pump ,p! Y LAMA LAW flail ALL rr r P a sr =mum rin maim! -flew am. h I r R�7 Uiff Mrl .' PPtibile* I 1 C apIu) Orletlet0 ,59119II 40 OHM n $ .r !eillOm Ate RIPIP7C ur'rui1.1Z. 11 KANT* 9x5!1 Fr S47fICrF91li MEI sat r IS ICAMIC rt. do iWI a.I,a 1°L LUTA WIMP . i. P4Et r. kter 4G __., Mecum T>nR .1St an.Ir I &-IC 1 TRAP JET ai11 I, — L AKIISCAP L 1TiffJi+ t. V rF r tLL burl I. I. t It''f-!: at i a -4 f f + • I-4 I. l tag - ti4 ti y r h6.°y' t% r it 11 it fr-�"rte -'I(1 I i 1 1 ) I 7'' {' I I Irjit t�F r f. 1 Y 1 P P,r i I.• i 0 1• —- • - - a - xi f r. r rl NMI I dr' r >f •t —a- little rt t Y Y i A tie Bed s tr- se aura teas It 1 1 I If I 1 I I b •I. y '�a �I MINERS yi °. ti a c.. r._ w 1x I' J; J• f At • NMI t I 1 u'd rcie --_ - .- II'aTTJN ttai -per SAN1 !Calltr 55‘.711 I "1 MPII I6IfIDF —) . rr — I it t i f' • VI; 1 I^ et I. I d a 1 r �.0 1 I f DIY l a a - - . II OM f1 11�IJe Ise a UP, arr et r p� + 4.el J=ft niliiaCK, 1 1 I M SU INC ier i' -I r 'I II , I a I a � C' F V I I Ii I I 1 1 L I 1 `.,t'I. Idtar. 1 1 I rCara Min Wig # MN OF PK Taft • .•S NAN 4vtiy -% e 'n. "a. 1^rw`' +dFi9 41 L'T II NE I I r - f -7 I Ma(J5 rt J @ InICk 4' Wig Eimer in. LPR t_tM " 249713•, I I t I I I IP r I 1 I I 10 I I NON Mitrvir ti8�1116eiiL aT r lMJ! RCIFITI11IVI 4 ra PC -11131. PM Yet lr.4'-!T:5T tip! Ant M4rr tIPI — 0011755 WELD COUNTY 2MJUSR19-08-1660 GLOBAL ASSET RECOVERY, LLC C/O BROKEN ARROW INVESTMENTS, LLC net annual evaporation was calculated as 2.93 ft, and thus, the resulting net annual evaporative consumptive use during the mining operation is 3.4 ac -ft. The maximum annual production from the Derr Pit site is estimated at 250,000 tons. The moisture content of the material hauled off the site for Phases 2 — 7 was assumed to be four percent by weight; this results in an annual amount of 7.4 ac -ft of water retained in the product. Dust control is also required for internal haul roads and stockpiles, however this was not accounted for as Broken Arrow Investments, LLC intend to purchase water from the City of Greeley. The water will be taken from the fire hydrant at Balsam Avenue and Hwy 263 to fill a water truck that will provide dust control. The source of water will not cause a groundwater depletion and is not accounted for in the table below. The maximum total annual consumptive uses associated with Phases 2 — 7 of the mining operation are estimated as follows: 3.4 Evaporation (acre-feet) 7.4 Moisture Retained in Product (acre-feet) TOTAL (acre-feet) 10.8 Between the second and third year of mining, a slurry wall liner will be constructed around the pit. Following mining, a reservoir will be created at the mining site with a surface area of approximately 30.38 acres. Replacement Water The replacement of consumptive uses will be accounted for in a Substitute Water Supply Plan (SWSP) that is administered by the SEO. This plan will be in place prior to mining in Phase 2. Surrounding Water Rights The following index map and table shows the permitted wells within possible influence of the mining and dewatering operations for this site. The well permit map itself was obtained from the Colorado Division of Water Resources' (SEO's) latest online Geographic Information System (GIS). Although there may be other wells in the area, they are not registered and permitted with the SEO. As required by the SEO, a gravel pit well permit will be obtained for the proposed uses of groundwater at the site prior to mining commencing in Phase 2. If the proposed use of groundwater at the Derr Pit site results in material injury to surrounding wells,S, Arrow Investments, LLC I ensure that all necessa actions or measures are taken to address or remedy the injuries. ,J& I' Consulting, Inc. a I 27 Derr Pit Project DMG 112 Permit EXHIBIT II 0 0 Subject: Attachments: FW: Derr Pit Amendment Permit M-20080917 RS Technical Revision.pdf; RS Ex 2 and REgs.pdf ≥S\4t\-a:-we° From: Melvin Bickling <mbick7077@outlook.com> Sent: Monday, May 11, 2020 6:24 AM To: J.C. York, P.E. <jcyork@j-tconsulting.com>; Kelly <kahodgel@comcast.net> Cc: Kim Ogle <kogle@weldgov.com>; Jody Jones <1ody.ones04@gmail.com>; Lulu Canetkbrown52@gmail.com> Subject: Derr Pit Amendment Permit M-20080917 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. Dear JC York and Kelly Hodge: RE: 2MUSR19-08-1660 Global Asset Recovery Request for USR Amendment This is our Resolution Summary as per the request by the BOCC. Although not all inclusive, listed are the main areas of concern for the Surrounding Property Owners. (SPO) 1. Technical Revision similar to the TR Dated August 27, 2013 (copy attached). a. (3.) Exhibit S should include coverage for the Irrigation wells (Hofner/ Winter and Hoshiko) and the domestic and stock wells (Koehler and Parker) within the 200 feet limit. The wells were not listed as Permanent Man - Made Structures within 200 feet of the Affected Land. (copy attached). b. (13.) To mitigate all impacts to permitted wells affected by the dewatering activities, not just the wells within 600 feet of the mining limit. c. (14.) Identify monitoring locations within one mile of Derr Pit and complete monitoring agreements with the SPOs that include monthly ground water measurements and monthly ground water reports to SPOs and the DRMS. Copies of the signed SPO agreements will be provided to the DRMS. The monthly reports will include data from all of the of the monitoring wells in the agreement. d. (16.) Trigger Point of 2 foot change from historic ground water levels is acceptable. If the trigger point has been reached for two consecutive months then a report and mitigation plan will be sent to the SPO and the DRMS. Other mitigation measures that my be necessary if the recharging method is not effective would be (1) working with the well owners that are affected to re -set their existing pumps to a lower level in order to mitigate any flow impacts to the existing well(s); (2) if the method in (1) is not effective then drilling anew well or deepening the existing well or providing water service from the City of Greeley or North Weld Water. e. (24.) Rule 6.4.19 Exhibit S - Permanent Man-made Structures. Attached is the list provided by "Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board For Extraction of Construction Materials" (52)" Structure, Significant, Valuable and Permanent Man-made" means a non -portable 1 improvement conveyance structures, ect. This listing does include water wells within 200 feet. (copy attached) 2. Koehler Irrigation Well. Because the static water level of the irrigation well has gone down over 10 feet since the well was rebuilt in 2012, the current gallons per minute output is not sufficient for what our pivot irrigation system requires. After testing by Quality Well and Pump in April of 2020, they stated 'it is apparent that the increased depth of the pumping level is limiting what the existing pump can do' Their recommendation is to upsize the motor to a 30 HP and make the new pump a 2 stage 12 inch open impeller. We are waiting on the estimate from Quality Well and Pump. The estimate will be sent to you as soon as it is provided by Quality Well and Pump. 3. Crop damages from the dewatering and non-use of the irrigation wells of the SPO. What divides a good farm in Weld County from a great farm in Weld County is a reliable irrigation well. The irrigation well provides the early water to the farm before any ditch water (river or reservoir) is available for crop emergence. During the season the irrigation well provides primary and secondary water if the ditch water is lacking. At the end of the season the water from the irrigation well is the only water available to finish the crop in the fall. We have not been able to finalize a course of action at this time. The crop rent can be either cash rent or share -crop depending on the tenant farmer and land owner agreement. 4. Irrigated berm for the northern boundary of the Amended Derr Pit. If this berm is irrigated it would support the survival of the native grasses and trees in the proposed plan. Please review the provided information and Resolution Summary. If you have any questions please contact me, 970-227-8420 or mbick7077@outlook.com. Regards, Mel Bickling 2 1 August 27, 2013 Mr. Peter Hays Environmental Protection Specialist State of Colorado Division of Reclamation, Mining, & Safety 1313 Sherman Street — Room 215 Denver, CO 80203 RE; Loloff Construction. Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments Dear Mr. Hays, J&T Consulting, Inc. and Loloff Construction, Inc. have reviewed the adequacy review comments. We met with you on August 8. 2013 to discuss the comments to ensure that the responses we are providing in this letter along with revised exhibits would address the comments adequately. Thank you for taking the time to meet with us and discuss the comments as it was very helpful in clarifying the concerns the Division of Reclamation, Mining, and Safety had with the Technical Revision No. 1 Request. The following are our responses to each of the numbered comments you provided in your July 23. 2013. July 30. 2013, and August 5. 2013 review letters 1. The technical revision was submitted by J&T Consulting, Inc. on behalf of Loloff Construction, Inc. Please provide a signed authorization letter for J&T Consulting, Inc. to perform work and submit material for the Loloff Mine on behalf of Loloff Construction, Inc. Response: The authorization letter from Loloff Construction. Inc. is attached. Rule 6.4.4 Exhibit D - Mining Plan 2. The approved mining plan for the site states the pit will be excavated to a 3H:1V slope from the existing grade to ten (10) feet below the waterline, and at a 2H:1V slope from that point down. The proposed mining states the entire pit slope will be mined at a 3H:1V slope. Please explain how the existing 2H:1V slopes will be backfilled or otherwise established and stabilized at a 3H:1V slope. Response: The pit slopes will be mined at a 3H:1V at all locations for the proposed mining. Where the pit has been mined on the northwest corner, the west side, and the southwest corner the slopes will be backfilled with overburden or gravel to get to a 3H:1V slope, however we are getting survey of these slopes conducted the first week of September and we can assess whether or not the existing slopes are at a 3H:1V slope. 305 Denver Avenue — Su,..: D • Fart Lupton CO 80621 • Ph: 303-857-622? • Fax 303-857-6224 Loloff Construction, Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8/27/13 -2- 3. Please verify no new manmade structures or easements, including utility easements along Balsam Avenue, have not been constructed within 200 feet of the boundary of the affected lands since the Loloff Mine permit was issued by the Division. Please update Exhibit C — Pre -mining and Mining Plan Map accordingly and submit proof of notice to the new structure or easement owners. Response: Survey of the surrounding structures and utilities will occur the first week of September. We will provide an updated Exhibit C once we have determined the locations from the survey. 4. The revised Mine Plan states since reclamation will occur concurrently with mining, it is not anticipated that bedrock material will be stockpiled long-term prior to use if it is used in the reclamation slopes. The revised mining plan states the pit slopes will be mined to the final 3H:1V slope. Please explain why bedrock material will be used to reclaim the pit slopes and provide an estimate of the anticipated amount of bedrock material needed to complete the slope reclamation. Response: The Mine Plan has been revised to state the following: Mining of the aggregate will progress down to the underlying bedrock. Reclamation will occur concurrently with mining since the mining slope is at a 3H:1 V slope. An estimate of bedrock is not needed since the mining slope will be at a 3H:1 V slope and currently there are no plans to use the bedrock material 5. The revision submittal included calculations to estimate the effects of the dewatering of the pit to address the complaint from Mr. and Mrs. Larry Monroe. Please indicate the impacted Monroe groundwater well on the graphical representation of the estimated cone of depression/radius of influence resulting from the dewatering activities. Response: The location of the impacted well has been included in the revised figure. 6. Please commit to providing the Division a copy of the approved well permit for the state. Response: The approved well permit from the State Engineer's Office (SEO) is attached. Mr. Loloff participated in a phone conference call with the SEO and a potential objector to the well permit on August 14. 2013 and during that call the objector withdrew their protest so we received the approved well permit on August 19, 2013. 305 Denver Avenue — Sub D - Fort Lupton CO 80621 - Ph 303-857-6222 • Fax: 303-857-6224 Loloff Construction, Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01). File No. M-1985-112, Responses to Adequacy Review Comments 8/27/13 -3- Rule 6.4.7 Exhibit G — Water Information 7. Rule 6.4.7(2) states if the operation is expected to directly affect surface or groundwater systems, you shall: (a) Locate on the map (in Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed mining operations; (b) Identify all known aquifers; and (c) Submit a brief statement or plan showing how water from dewatering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater (and, where applicable, control pollution in a manner that is consistent with water quality discharge permits), both during and after operation. Response: Please refer to the revised Exhibit G and Exhibit G-1. Exhibit G-1 was used to show the well locations rather than showing them on Exhibit C. 8. Please provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining, and reclamation phases of the project. Response: The annual volume requirements have been provided in the Substitute Water Supply Plan that is attached. 9. Please indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. Response: The projected amounts from each of the sources of water to supply the project have been provided in the Substitute Water Supply Plan that is attached. 10. The revision states as part of the mitigation plan for recharge Loloff Construction, Inc. is pumping into the Monroe Wetland Pond to recharge the aquifer to mitigate effects of the dewatering of the pit. Please provide a signed agreement between the Operator and the Monroe's allowing the Operator to discharge water into the Monroe pond to recharge the aquifer. Response: The agreement is attached. 3C5 Denver Avenue - Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax, 303-857-6224 Loloff Construction, inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8/27/1 3 -4- 11. During the Division's inspection on June 3, 2013, the Operator was discharging water into the ditch located southwest of the site. Please state if water is still being discharged into this structure or if all dewatering discharge is pumped into the Monroe pond. If the ditch in the southwest corner is being used, please provide consent to discharge water into this structure. If water is discharged into a ditch that is unlined, it may be prone to erosion if the discharge rates exceed the carrying capacity of the ditch. The Operator must submit documentation to the Division for review as to the proposed maximum discharge rate into the ditch and specifications as to how much water the ditch can carry without experiencing erosion. Response: Water is being discharged into the ditch in the southwest corner of the site. At this location the water backs up in the ditch and into a pipe that flows into the Monroe pond. The pipe that flows to the Monroe pond acts as an equalization between the ditch and the Monroe pond (i.e. when the water level in the Monroe pond goes down the water from the ditch fills the pond. and when the water level in the Monroe pond increases to an elevation at the invert of the pipe or higher the water level equalizes and the flow continues downstream in the ditch). This ditch is not owned by any entity and is a drainage ditch that has historically carried irrigation runoff from the farm field that is north of the site as well as local drainage from the properties to the west and south of the site. The ditch carries flows south to 8`1' Street into the borrow ditch and ultimately to the Cache La Poudre River. The ditch is being surveyed the first week of September so that we can provide calculations on the capacity of the ditch. The Operator has placed cobble around the location of the discharge into the ditch to armor this location such that erosion will be mitigated and the ditch will be protected. 12. The revision states Loloff Construction proposes to install a recharge ditch along the west side of the pit to mitigate impacts if there are impacts from the dewatering to the other wells adjacent to the pit that are within 600 feet of the mining limit. Please provide the design criteria for installing the recharge ditch, provide the dimensions and describe how the ditch would be constructed and reclaimed. Response: The recharge ditch dimensions and design criteria are attached and included on Exhibit C. 13. Please note the Division will require Loloff Construction to mitigate all impacts to permitted wells affected by the dewatering activities, not just the wells within 600 feet of the mining limit. Response: Loloff Construction, Inc. understands that if wells outside 600 feet of the mining limit are proven to be affected by the mining operation dewatering that Loloff Construction, Inc. would be required to mitigate the impacts. 3(J5 Denver Avenue - Sure C • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction, Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01). File No. M-1985-112. Responses to Adequacy Review Comments 8/27/13 -5- 14. The revision does not identify monitoring locations along the north, south, and most of the west boundaries of the site. Please commit to installing piezometers along these boundaries. Response: Loloff Construction, Inc. has received permission from several well owners and monitor well owners that are adjacent to the north, west. south, and east boundaries of the pit. We would like to use these locations to monitor rather than drilling additional piezometers at this time. Agreements are attached for each well owner and their consent to allow Loloff Construction. Inc. to monitor the groundwater levels in their wells. 15. Please state if all registered alluvial wells within 600 feet were identified based on SEO records and if field inspections conducted to identify ALL wells within 600 feet. Please identify all wells within 600 feet of the pit on Exhibit C — Pre - Mining Plan map. Response: All wells within 600 feet have been identified and field inspections were conducted by Mr. Don Loloff. The well locations are attached in the Exhibit G and Exhibit G-1 map. 16. The Operator states should levels in the existing wells change by 2-4 feet then Loloff Construction, inc. will mitigate by recharging at locations along the pit to increase the levels of the groundwater so that the impact from dewatering is minimized. Please provide justification for the proposed 2-4 feet trigger. Typically, a trigger point of 2 feet change from historic ground water levels is acceptable. The Operator must explain any mitigation measures to be implemented and trigger points that would put mitigation measures into effect if the recharging method of mitigation is not effective. Response: The Operator is fine with changing the trigger point from 2-4 feet to 2 feet. Other mitigation measures that may be necessary if the recharging method is not effective would be (1) working with the well owners that are affected to re -set their existing pumps to a lower level in order to mitigate any flow impacts to the existing well(s); (2) if the method in (1) is not effective then drilling a new well or deepening the existing well or providing water service from the City of Greeley or North Weld Water. 17. The revision states Mr. Don Loloff is pursuing agreements with the existing well owners within 600 feet of the mining limit of the pit. Please provide the Division with signed copies of the agreements when available or provide evidence the appropriate notice was provided to the well owners. Response: The agreements that have been obtained are attached. The other agreements are being negotiated and certified mail was sent to Kohloff and Taylor. 4 " 305 Denver Avenue — Suite D - Fort Lupton CO 80621 • Phi: 303-857-6222 • Fax 303-857-6224 IA Loloff Construction, Inc. — Loloff Pit— Technical Revision No. 1 Request (TR-01). File No. M-1985-112, Responses to Adequacy Review Comments 8/27/13 -6- 18. The revision states Mr. Loloff is pursuing agreements to use the existing wells from Mr. Harrell, Mr. and Mrs. Monroe, and Mr. Francis to take groundwater level measurements to monitor the depth of the groundwater adjacent to the pit. Please provide the Division with signed copies of the agreements. Response: The agreements that have been obtained are attached. The other agreements are being negotiated and certified mail was sent to Koh/off and Taylor. 19. The revision states Loloff Construction will note the groundwater depths in the Derr Pit monitoring wells, Mr. Harrell's well, Mr. and Mrs. Monroe's well and Mr. Francis's well to monitor these levels throughout the course of the mining. Please commit to providing the Division with a copy of the monthly groundwater levels as a part of the annual report for the site. Response: Loloff Construction, inc. will provide the monthly readings as part of the annual report for the site. 20. Please provide a copy of the agreement between Loloff Construction, Inc. and Broken Arrow Investments, LLC, operator of the Derr Pit, allowing Loloff to monitor groundwater depths in the Derr Pit monitoring wells. Response: The agreement is attached. 21. Division staff is reviewing the hydrologic impact model prepared for the Loloff Mine. An additional adequacy review letter may follow pertaining to the hydrologic impact model submitted with the revision. Response: Responses to those comments are on included on Page 9 and 10 of this response letter. Rule 6.4.12 Exhibit L — Reclamation Costs 22. The proposed mining and reclamation plans for the site includes dewatering of the pit, the bond calculation for this site must include costs related to dewatering of the pit to account for the costs incurred by the State of Colorado if water had to be removed from the pit in order to establish the proper reclaimed slopes along the pit wall. Please include an estimate for the dewatering activities in the financial warranty estimate. Response: The estimate for dewatering activities for the entire pit is approximately 1,400 acre- feet once it is mined down to bedrock at the 3H:1V V slopes for reclamation. Currently the mine is at approximately 40% of this volume based on the previous exposed water surface area. Therefore the estimated dewatering volume for the current 305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 rdlI Loloff Construction, Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112, Responses to Adequacy Review Comments 8/27/13 - 7 - mining is approximately 560 acre -ft. It would also be possible to breakdown the costs of dewatering into phases which we would like to discuss with you after the surveying is complete. 23. The Division will estimate the cost to reclaim the site based on the information submitted once the Applicant addresses the concerns noted in this letter. Response: No response. 24. The Loloff Mine is not in compliance with the Division's letter dated April 30, 2010 regarding the long-term groundwater augmentation requirement for the site. On September 6, 2012, the Division, the Loloff's and their representatives met to discuss the situation and determine possible alternatives to achieve compliance for the Loloff Mine. The Operator has not complied with the requirements of the Division's letter to date and has not proposed alternatives to achieve compliance. The Operator must comply with the Office of the State Engineer's requirement for out -of -priority groundwater depletions as part of this technical revision. The applicant must choose one of the following bonding options to be included in the financial warranty calculation to address the long-term groundwater augmentation requirement for the site: a. Backfill the pit to two feet above the groundwater level b. Install a slurry wall or clay liner c. Provide the Division with documentation from the SEO, which demonstrates the Operator owns a sufficient amount of shares of water to cover the evaporative losses from the exposed groundwater and the said shares have been committed to the SEO should the financial warranty be forfeited and the permit revoked. Response: A response under separate cover from Loloff Construction. Inc.'s legal council wilt be provided to the Division. Rule 6.4.19 Exhibit S — Permanent Man-made Structures Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the applicant may either: (a) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or id 305 Denver Avenue -- Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction, Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112, Responses to Adequacy Review Comments 8/27/13 -8- (b) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or (c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. 25. Please provide the Division evidence the Operator attempted to obtain notarized structure agreements, typically a certified mail receipt, with all owners of structures on and within 200 feet of the affected area at the Loloff Mine prior to performing the submitted engineering evaluation. Response: Agreements have been sent to structure and utility owners. Certified mail receipts are attached. Rule 6.5 — Geotechnical Stability Exhibit 26. Division staff is reviewing the stability analysis prepared for the Loloff Mine. An additional adequacy review letter may follow pertaining to the geotechnical stability section of the revision. Response: Responses to those comments are on included on Page 10 and 11 of this response letter. 27. The Overview section of the Slope Stability Report dated July 2013 states the proposed future use for this property is water storage reservoir. The approved post -mine land use for the Loloff Mine is Wildlife Habitat, not Developed Water Resource. If the Operator intends to change the post -mine land use they must submit an amendment application. Response: The post -mine land use is not changing and will remain as Wildlife Habitat. The report language has been changed to reflect this. Hydrology 1. The methodology uses "equilibrium well equations" from Driscoll. The application is for a pit with a 600 -foot radius. Please provide additional justification for the use of well equations for a very large (pit) opening. Response: The drawdown calculations have been revised based on the references the DRMS has provided in the adequacy review to estimate the impact to the groundwater 305 Denver Avenue — Sure D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction. Inc. — Lcioff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8/27113 elevations from the dewatering of the pit. Please see the attached revised calculations. 2. The selected hydraulic conductivity appears to fall into a reasonable range for gravel pit material (clean sand K can range between 100 and 60,000 gal/day/sq- ft). However, the method used is extremely sensitive to this parameter. A quick check using your methodology indicates increasing K to just 1,500 (still well within the range for clean sand) increases the radius of influence by more than 1,000 ft. Please provide justification for the selected hydraulic conductivity or use a value that can be justified. Response: The hydraulic conductivity (K,) has been determined using the current dewatered state of the mine (Case 1). Dewatering is currently being done at a rate of 1.200 gpm, 12 hours per day, for an average dewatering rate of 600 gpm per day (Q). The water level in the pit (h) is currently at a steady state of 12 feet below the historic groundwater lever. Using a natural recharge rate (W) of 5% of the average annual precipitation for the Greeley, CO area, the hydraulic conductivity was found to be 255 m/d when h was set to 12 ft and Q was set to 600 gpm. This Kry value has been used in all calculations. Please see the attached revised calculations. 3. The Division does not follow the logic in case 2 for reducing the hydraulic conductivity 33% to account for the recharge being 33% of the pumping rate. Please elaborate on this assumption. Response: The drawdown calculations have been revised based on the references the DRMS has provided in the adequacy review to estimate the impact to the groundwater elevations from the dewatering of the pit. Please see the attached revised calculations 4. Please replace the calculation of aquifer drawdown from pit pumping with a calculation using the method described by Marinelli and Niccoli, 2000 (Ground Water, vol. 38, no. 2). Please include calculations for the maximum radius of influence and the expected drawdown at a horizontal distance of 800 feet outside the west side of the pit. The method described in your submittal does not appear to adequately account for aquifer recharge. Figure 7 of Arnold et al, 2003 (USGS Water Resources Investigations Report 02-4267) indicates drawdown at the 800 -foot distance would be approximately 10 feet. Response: We are using these references to estimate the impact to the groundwater elevations from the dewatering of the pit. The methodology was used to analyze the radius of influence and drawdown that would result from dewatering of the pit under the current dewatered depth and under full pit dewatered depth. A summary of each analysis is as follows: 1. Current dewatered depth (12 feet below historic groundwater level) a. Case 1: m .41 305 Denver Avenue — Sage D • Fort Lupton CO 83621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction, inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01). File No. M-1985-112, Responses to Adequacy Review Comments 5/27/13 - 10- i. Maximum radius of influence outside the limit of the pit will be 14.422 feet. b Case 2: I Expected drawdown at a horizontal distance of 800 feet (Monroe Well) outside the limit of the pit will be 4.2 feet. c. Case 3: i. Drawdown at the Derr Pit Monitoring Well No. 1. at a horizontal distance of 235 outside the limit of the pit. was calculated to be 5.8 feet. This result was compared to actual monitoring well measurements taken for Derr Pit Monitoring Well No. 1 which show 2.75 feet of groundwater drawdown since June 1. 2013 when dewatering pumping started. Based on this comparison the methodology appears to overestimate the actual drawdown and radius of influence due to the dewatering of the pit that will be seen adjacent to this specific site/location. 2. Full dewatered depth (37 feet below historic groundwater level) a, Case 4: i. Maximum radius of influence outside the limit of the pit will be 42.040 feet. b. Case 5: i. Expected drawdown at a horizontal distance of 800 feet outside the limit of the pit (Monroe Well) will be 18.9 feet c. Case 6: i Horizontal distance of 18.358 feet where a drawdown level of 2 feet will be seen. Please see the attached revised calculations. The methodology used in the references the DRMS has provided in the adequacy review assumes that groundwater recharge is uniformly distributed across the water table. Using this methodology no valid recharge calculations can be used to estimate the impact of localized recharge at a single location. As previously mentioned Loloff Construction will monitor the wells adjacent to the site and mitigate any adverse impacts to these wells. Slope Stability Analysis 1. The TR-1 request included changing the mining method to dewater the existing pond to mine under dry conditions at a 3:1 slope. It is my understanding that the final land use will remain wildlife habitat and include a pond. In general, the stability report was well written and adequately addressed the slope stability for the pit during the proposed mining activity described in the TR. Response: No response. 305 Denver Avenue - 5uitr.. D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857--6224 Lotoff Construction, Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8/27/13 2. Balsam Avenue runs along the eastern edge of the site. There are a number of underground utility lines associated with this road alignment. The analysis should be sure to include effects on and from these utilities, including the possibility of water being introduced from a leaking sewer or water line. Response: The slope stability analysis does take into effect the structures including the roadway and utilities and that is one of the reasons for mining at a 31-1:1V slope to ensure there is an acceptable factor of safety such that the mining would not impact these structures and utilities. Trying to incorporate a leaking sewer or water line in the modeling is not possible because we are looking at gradients in regard to the ground water levels. Also if a pipe is leaking and the leak causes a slope failure that failure is not due to the mining and therefore would not be caused by the mining. We understand the concern and the Operator will conduct inspections on the pit walls during the mining and if there appears to be a leaking pipe the Operator will be sure to contact the utility owners to have them check their pipelines to make sure there is not a leak or that if there is a leak it can be repaired immediately. 3. The water level used in the analysis is approximately 12 feet below the ground surface on the unaffected ground. This may not accurately reflect seasonally high conditions, or conditions after the mine is flooded with water. Response: The 12 feet was selected based on previous information from the subsurface investigation. We understand the concerns and have included more calculations to change the depth to 3 feet below the surface for the ground water level. Please see the attached calculations and revised slope stability analysis. 4. The analysis sections are depicting "dry" conditions that would be found during mining while the site is being dewatered. The stability should also be analyzed in "wet" conditions that would represent post -mining conditions for the long term stability. Response: The analysis has been updated to include wet" conditions as well. Please see the attached calculations and revised slope stability analysis. 5. The report includes good recommendations for monitoring the slope stability. However, it may be prudent to modify the inspections outlined in recommendation #1 and #4 on page 5 to a weekly basis for the duration of mining, then for 6 months post -mining. Response: The analysis has been updated to reflect the weekly inspections. Please see the revised slope stability analysis. yr 305 Denver Avenue — Sutr'' D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Lotoff Construction. Inc. --- Lotoff Pit — Technical Revision No. 1 Request (TR-01). File No. M-1985-112, Responses to Adequacy Review Comments a/27/13 - 12 - As discussed in this response letter we have addressed as many of the comments as we can at this time and we will continue to address the remaining comments as we receive survey information and agreements from well owners, structure owners, and utility owners. We would also like to extend the decision date to September 25, 2013 to allow more time to address the remaining comments as well as giving the Division of Reclamation, Mining, and Safety enough time to review. Sincerely, J.C. York, P.E. JMT Consulting, Inc. cc: Loloff Construction. Inc. Attachments 1 Authorization Letter from _ )loff Construction. Inc. 2. Drawdown Figure and Dev:atering Calculations 3. Approved Well Permit free. SEC 4. Exhibit G and Exhibit G-1 5. Revised Exhibit C 6. Approved SWSP from the 3EO 7. Weil Owner and Monitoring Agreements 8. Property and Utility Owner Agreements for Structures and Certified Mail Receipts 9. Revised Slope Stability Analysis 141 305 Denver Avenue - Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 MINERAL RULES AND REGULATIONS OF THE COLORADO MINED LAND RECLAMATION BOARD FOR THE EXTRACTION OF CONSTRUCTION MATERIALS Promulgated October. 1995 Amended April, 1999: January. 2000; August, 2001; May, 2004, June, 2005; August, 2006: and July, 2019 Effective July 15. 2019 This copy of the Rules and Regulations is prepared by the Office of Mined Land Reclamation. based on the records of the Division of Reclamation, Mining and Safety and those of the Secretary of State. Page 7 Construction Materials Rule 1 111(1)(b) 111 115141(e) (50.1) "Special One-time Excavation 111(1)(b) Operation Permit" applies to any operation of a one-time excavation project which: (a) is not performed pursuant to a federal, state, county. city, town. or special district contract; (b) generates small quantities of excess construction materials. twenty thousand (20,000) tons or less, that are incidental to the intent of the one-time project and introduces those materials into the construction materials market; (c) is clearly defined, of short duration of less than one (1) year and scope; (d) does not employ material processing activities typically associated with mining operations, such as crushing, washing. or asphalt and concrete production, unless approved by the Office; (e) (f) (g) all extraction and export of materials are completed within twelve (12) months of permit issuance. Any Operator with a Special One -Time Excavation 111(1)(b) Operation Permit for which extraction and export activities are not completed within twelve (12) months after issuance of the permit, shall replace the Special One - Time Excavation 111(1)(b) Operation Permit with the applicable regular construction materials permit. Ali fee. warranty and processing requirements shall apply as a new permit application. A fee. as specified in Section 34-32.5-125(1)(a), C.R.S.. shall be submitted at the time of the applicable regular construction materials permit application: reclaims all affected lands within twelve (12) months after issuance of the permit; and will affect thirty (30) acres or less. (51) "Special Permit" shall mean a permit issued in accordance with the provision of Section 34-32.5-111, C.R.S. 1984, as amended. (52) "Structure, Significant, Valuable and Permanent Man-made" means a non -portable improvement to real property which has defined, current and recognizable value of an economic nature; generally including but not limited to: buildings. houses. barns. fences, above or below ground utilities, irrigation ditches, maintained or public roads, bridges, railroad tracks, cemeteries, communication antennas, pipelines, water wells. water storage structures, discharge and conveyance structures, etc. (53) "Technical Revision" means a change in the permit or an application, which does not have more than a minor effect upon the approved or proposed Reclamation Plan. 103(11)(b) (54) "Temporary Cessation" means those limited periods of non -production as specified 103(11)(c) according to Rule 1.13. 34-32-103 (55) "Toxic and Acid Producing Materials" means natural or reworked earth materials having acid or toxic chemical and physical characteristics that, under mining or post -mining Page 21 Construction Materials Rule 1 1.4.1(9), (13) or 1.8. If the Office does not set the matter for a hearing, any person directly and adversely affected or aggrieved by the Office's decision to grant or deny the 110 Limited Impact Permit application and whose interests are entitled to legal protection under the Act may appeal the Office's decision pursuant to Rule 1.4.11 (3) if the Office receives any written objections to an application pursuant to the Rule 1.7.1(2). the Office shall provide a copy of the objection to the Applicant within ten (10) days of receipt. 1.7.2 Specific Provisions - 110 Limited Impact Operations and 110(6) County Composite Operations (1) Comments shall be submitted in accordance with Rule1 7.1. (2) To be considered, such statements must be received by the Office within ten (10) days after the last date of the Applicant's newspaper publication. 1.7.3 Specific Provisions -111 Special Operations Permit Applications (1) Comments, to be considered, must be received by the Office within five (5) working days after the application has been filed. (2) Upon consideration, the Office shall approve or deny the application within the fifteen (1 5) calendar days after the application has been filed. (3) Objections to final decisions by the Office shall be handled according to the procedures outlined for 110 Limited Impact Permits, specifically Rule 1.4.11. 1.7.4 Specific Provisions - 112 Reclamation Permit Applications (1) Comments shall be submitted in accordance with Rules 1.7.1 and 1.7.4. (2) In the event the Office receives an objection within twenty (20) calendar days of the last day of publication and in accordance with this Rule 1.7, it shall set the permit application for a hearing before the Board according to the provisions of Rule 2. 110(7) 1.8 AMENDMENTS AND TECHNICAL REVISIONS TO A PERMIT APPLICATION 112(7) 1.8.1 General Provisions - 110 Limited Impact or 112 Reclamation Permit Applications (1) An Applicant may amend or make technical revisions to an application for a permit under consideration by the Office by filing a copy of such amendment or technical revision with the Office and placing a copy with the County Clerk and Recorder (2) Within five (5) working days of placement with the County Clerk or Recorder. the Applicant shall provide the Office with an affidavit or receipt demonstrating that the amendment or Page 22 Construction Materials Rule technical revision was placed with the County Clerk and Recorder not later than the close of business on the day the amendment or technical revision was filed with the Office. (3) Any amendment or technical revision to an application shall constitute a new filing for the sole purposes of determining the date for the consideration of the application by the Office, and for the deadline for a final decision on the application The provisions of Rule 1.6 6 shall apply to submitted amendments and the provisions of Rules 1.8.2 or 1_8_4 shall apply to technical revisions for 110 Limited impact or 112 Reclamation Permit applications, respectively. (4) If the Office determines that additional information is submitted by the Applicant for the purpose of detailing, clarifying or explaining any part of the application, whether at the request of the Office or otherwise, then such additional information shall not constitute a change or an addition resulting in an amendment or technical revision to the application. (5) If the Operator notifies the Office of a proposed change in post -mining land use. the Office shall decide whether such change in post -mining land use requires a change in the Reclamation Plan and whether such change shall require a Technical Revision or Permit Amendment. (6) Within five (5) working days of the filing of an amendment or technical revision to an application. the Office shall set a new date for the consideration of the application. The new date shall be set pursuant to Rule 1.6.6. 1.8.2 or 1.8.4, as applicable. 1.8.2 Technical Revisions to 110 Limited Impact Permit Applications The Office shall set a new date for the consideration of a technical revision to an application a 110 or 110(6) Limited Impact Permit only as necessary to afford an adequate opportunity for a review of the technical revision by the Office and by any interested members of the public. 1.8.3 111 Special Operation Permit Applications (1) An Applicant may amend or technically revise an application for a 111 Special Operations by filing a copy of the amendment or technical revision with the Office and by providing the Office with proof of submittal of notice of the amendment or technical revision to an application to the local Board of County Commissioners Proof of notice shall be submitted with the amendment or technical revision to the application. An amendment to an application must be submitted on a form approved by the Board. (2) Within three (3) working days of the filing of an amendment or a technical revision to an application with the Office, the Office shall set a new date for the consideration of the application. A new date shall be set only as necessary to afford an adequate opportunity for a review of the amendment or technical revision to the application by the Office and by any interested members of the public. 1.8.4 Technical Revisions to 112 Reclamation Permit Applications (1) Written objections to the application: Page 23 Construction Materials Rule 1 The Office shall not set a new date for consideration of an application for a 112 Reclamation Permit for which it has received written objections, any earlier than twenty (20) days after the date of tiling a technical revision to the application. unless the Applicant and all parties agree on an earlier date. (2) No written objection to the application: The Office shall set a new date for the consideration of an application to which no objection has been submitted only as necessary to afford the Office an adequate opportunity to review the technical revision. 1.9 TECHNICAL REVISION TO A PERMIT 1.9.1 Filing and Review Process An application for Technical Revision shall be filed in writing with the Office The Office shall act on a Technical Revision application within thirty (30) days after the Technical Revision has been filed with the Office. A Technical Revision is considered filed when the submittal includes the appropriate fee. A Technical Revision shall be considered automatically approved within thirty (30) days after filing unless the application is denied. Notice of Technical Revisions shall be acknowledged in the monthly activity report attached to the monthly Board agenda. 1.9.2 Denial and Appeal Process In the event that the Office decides to deny an application for Technical Revision. the Office will notify the Applicant in writing within ten (10) days after the decision deadline. The Applicant may appeal the decision to the Board for a final determination by submitting a petition for a hearing pursuant to the provisions of Rule 1.4,11. 1.10 AMENDMENT TO A PERMIT 1.10.1 112 Reclamation Permit and 110 Limited Impact Permit Amendments r1\ \AlharP annliraHP +hares char) hA fiiod with any anolication for a 112 Reclamation Permit amendment, attachment(s) map(s) and one (1) original and one (1) copy, or by electronic submittal as designated and approved by the Office, of the application with the same content as required for an original application, except that the Applicant will not be required to submit any information which duplicates applicable previous submittals. However, the Applicant shall clearly describe where in the original application and sunnnrtinn dnr.iiments the information not included in the amendment application, but necessary to render the amendment technically adequate, may be found. (2) A110 Limited Impact permit amendment submittal shall include attachment(s), map(s). and one (1) original and one (1) copy. or by electronic submittal as designated and approved by the Office, of the application with the same content as required for an original application, except the Applicant will not be required to submit any information which duplicates applicable previous submittals. However. the applicant shall clearly describe Page 103 Construction Materials Rule 6 6.4.17 EXHIBIT Q - Proof of Mailing of Notices to Board of County Commissioners and Conservation District 115{4) (e) Proof that notice, of the permit application was sent to the Board of County Commissioners and, if the mining operation is within the boundaries of a Conservation District, to the Board of Supervisors of the local Conservation District, pursuant to Rule 1.6.2(1)(a)(ii) 6.4.18 EXHIBIT R - Proof of Filing with County Clerk and Recorder An affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Rule1.6 2(1)(c). 6.4.19 EXHIBIT S - Permanent Man-made Structures Where the affected lands are within two hundred (200) feet of any significant, valuable and permanent man-made structure. the applicant shall: (a) provide a notarized agreement between the applicant and the person(s) having an interest in the structure. that the applicant is to provide compensation for any damage to the structure; or (b) where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation: or (c) where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities. as proposed. will have "no negative effect" on their utility. 6.5 GEOTECHNICAL STABILITY EXHIBIT 116(4)11) (1) On a site -specific basis, an Applicant shall be required to provide a geotechnical evaluation of all geologic hazards that have the potential to affect any proposed impoundment, slope, embankment hiohwall. or waste pile within the affected area. A aeolooic hazard is one o€ several types of adverse geologic conditions capable of causing damage or loss of property and life. The Applicant may also be required to provide a geotechnicai evaluation of all geologic hazards, within or in the vicinity of the affected lands. which may be de -stabilized or exacerbated by mining or reclamation activities, (2) On a site -specific basis, an Applicant shall be required to provide engineering stability analyses for proposed final reclaimed slopes. highwalls, waste piles and embankments. An Applicant may also be required to provide engineering stability analyses for certain slopes configuration as they will occur during operations including, but not limited to embankments. information for slope stability analyses may include. but would not be limited to, slope angles and configurations, compaction and density. physical characteristics of earthen materials, pore pressure information. slope height, post- EXHIBIT S Permanent Man -Made Structures within 200 Ft of the Affected Land Surface Use/Damage IViaiver Agreements that have been -_;btarned. and associated structures Owner. DCP Midstream Structures OiIrGas i inns Owner. City of Greeley Structures. Improved grave] roadway. culverts Owner. Loloff Construction. Inc Structures: Fencing. Slurry Nall Owner. Global Asset Recovery LLC Structures: Fencing, Ditch Surface Use/Damage b'a ver Agreements that are being pursued. and associated structures Owner: Centurylink Structures: Phone: P°her !ones Owner: City of Greeley Structures: Improved roadway/ROVV signs culverts. ,,arrow ditches Owner Day 4i Kiss Structures: Builc.lr;.ns `E iuiI q Owner: DCP Or.,eratnd Como.anv. LP Structures (Dii/Ual. Lines Owner. Dixie Ann Haffner and Jerry \''Titers Structures. Fencinc; Owner: E xtr-action Oi and Gas LLC Structures: Oil/Gas i,ne , aI/GasWeIfs Owner: Ger!.c Murata Structures: Build+ni Owner Hoshikc- Land Structures. Irr!gution Structure •I �c I ( ?in.irtii►1�. fin. y._� I Owner: Structures: Owner: Structures: Owner: Structures: Owner: Structures: Owner: Structures: Owner: Structures: Owner: Structures: Owner: Structures: James Koehler Revocable Trust Buildings, fencing JBS Sewer Force Main Jeanette Snow Buildings, fencing Noble Energy Oil/Gas lines, wells, pumps, tanks North Weld County Water District Water lines Sylvia and Verne Parker Buildings Weld County Planning and Building Improved roadway/ROW, signs, culverts, borrow ditches Xcel Energy 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. I" Is.I Consulting. Inc. Derr Pit Project DRMS 112 Permit Amendment EXHIBIT Ms. Barbara Kirkmeyer Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 RECEIVED MAY 1 1 2020 WELD COUNTY COMMISSIONERS I May 2, 2020 Re: 2MJUSR 19-08-1660 — Derr Sand and Gravel Mine Broken Arrow Investments, LLC Co/Randy Geist, Global Asset Recovery LLC Dear Commissioner Kirkmeyer: Although I previously withdrew my opposition to Broken Arrow Investments, LLC's (BAI), regarding their Application to amend Use by Special Review (USR) Permit No. USR-1660, I now wish to Amend my opposition, if my complaints apply. Every time I leave my home, the drive to 8th Street is untenable. Kelly Hodge keeps saying that (whomever?) is going to pave Balsam Avenue, the pot holes are wrecking my car. I really don't want to sue anyone re: the damage to my car, but something has to be done (now!). Your Commission apparently has more clout than I. So, mayhap you could goose them along! Eighth Street is an automobile hazard also but assume the City is `trying' to do something about it. I was somewhat confused about some of the information that Kelly Hodge and JC went over with me. AM I want to be sure of is that the above referenced people have NO plans to dig a gravel pit across from my home, where the is a pond where the birds and various amphibians abide. I very much enjoy the birds and listening to frogs, etc. So PLEASE! don't let them mess that up too! I'm 78 years old and have Asthma and Bronchitis. Because of the dust created by the trucks and the street sweeper (what a joke that is) and the road is NEVER EVER being watered, my condition has become worse. Every day, there is a layer of dust on everything in my house: James lealournis, Environmental Health Specialist, is of NO help! He said that he is only responsible for how much dust the trucks create corning just out of the pit -. r n t ;1 v..!! 111 i ii i i. 1 i t,- �..� iii.:.7_7 nth,, ! try 1 Spray the road in front of my house but to little avail. IF, the rood were paved, the amount of duct would somewhat diminish. My coma4int lo Broken Arrow ..: a. t ; j.V R.! i I, .— • • .. o ,•. • _ - S c las OR • a • s a • Leda- loons .. Si L• 4. tea" �,• r ,_ : stC. . ₹ • 4i .1.Ul ! 11 • • t ,..•••• • a : . • • ! li1 I� wt!f r ripe ;! :t !!! met r L. .••• • I cr_• have plenty of monies to buy a water truck. The one they have is antiquated and always in disrepair. Upon my demise, am hoping my son Todd and daughter Noelle will sue the County for their negligence on behalf of my health Sorry to be a nag, but whomever is suppose to enforce the Dust Control and Watering, is remiss! I still remain, --- - Diana K. Taylor 665 Balsam Avenue Greeley, CO 80631 330-519-5288 970-356-2869 From: JC York <jcyork@j-tconsulting.com> Sent: Monday, May 4, 2020 8:04 PM To: Kim Ogle <kogle@weldgov.com> Cc: kahodgel@comcast.net Subject: Francis Agreement - Derr Pit USR Amendment Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kim — Attached is the most recent agreement we provided to Rocky Francis. I delivered a hard copy and put in his mailbox as I was instructed to do so by Rocky on March 17th. I asked him to review and get back to us to see if we could enter into an agreement to rehab his existing irrigation well and also pay for the two alluvial domestic wells (one for his original property and one for the property he purchased from Kohloff) to be re -drilled in the alluvial aquifer or to that depth. He wanted to drill these two domestic wells and permit them to also include stock watering, by doing this he indicated that his stock well did not need to be looked at to rehab. We had several discussions in November and again in February when we provided the first agreement. He is planning to drill the domestic wells deeper into the Laramie Fox Hills aquifer but said that was his choice for the domestic wells. We had Quality Well and Pump perform a pump test on his irrigation well on October 17th and then they videoed the well on October 21St. We also had Quality Well and Pump inspect his stock well and the inspection found that the existing column pipe had rusted and broke from the submersible pump in the bottom of the well. Regards, J.C. J.C. York, RE 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 Attachment 1: Robert Francis Agreement Letter 3.16.2020 Attachment 2: Francis Agreement Updated 3.16.2020 Form 06/15/2014 3.1 s. Platte 810 Republican 991 River - Division Street. 2nd River Floor. — 1 Greeley, Division 1 970-352-8712 CO 80631 970-352-8712 dnr_divlspgwm@state Fax 970-392-1816 Fax 970-392-1816 co us JAM RECEIVED For Office Use Only DWR 8-06-2015 A p' www. water. C, Q t.d Water ResoJr• state. 810 Arkansas 310 R443/41141 io P.O. 9`t' Street. 2" River — E. Abriendo. Suite Grande River Box 269, 301 Floor. Division — Division Murphy Greeley. 2 B. Pueblo, Drive, 3 CO 719-542-3368 CO 719-589-6683 Alamosa, 80631 81004 dnr_divlrrgwm@state CO 81101 co us Fax 719-544-0800 Fax 719-589-6685 0105390 KEB EXHIBIT D Dk ca.-- ro. US Designated Basins — Division 8 303-866-3581 Fax 303-866-2223 ❑ Passed 1313 Sherman St. Rm. 818. Denver, CO 80237 . . _ 6 NOTICE OF TOTALIZING FLOW METER ❑Variance Approved RE -VERIFICATION, INSTALLATION OR REPLACEMENT Date of variance Check appropriate box ❑ To be filed in Compliance with Rule 16 5 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the Republican River Basin (Complete pages 1-6) To be filed in Compliance with Rules 3 1 of the Amended Rules Governing the Measurement of Tributary Ground Water Diversions in the Arkansas River Basin (Complete pages 1-5) To be filed in Compliance with Rule 3 1 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the Rio Grande River Basin (Complete pages 1-5) To be filed in Compliance with the Ground Water Commission Rules Governing Designated Basins (Complete pages 1-5) To be filed in Compliance with Rule 3.1 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the South Platte River Basin (Complete pages 1-5) Reason for meter verification (Check all that apply): ✓ Re -Verify Previously Verified TFM The following MUST be provided for new & replaced meters , ❑ New TFM (No previous meter) Date New TFM installed Replacing Previous TFM (also complete area at right) Date Previous TFM removed Previous TFM Serial No Previous required TFM Reading if not (Estimate readable): Change in Measurement Method from Hour Slave Power Co Previous Meter SN Meter Meter Meter ❑ ■I ❑ Register seal replaced due to. New Seal No Old Seal No TFM Reading K -Factor (Test req'd if changed) Sensor / meter seal replaced due to- New Seal No Old Seal No TFM Reading Contact Well Name Owner Bryan Information: Hoffner 1 User Name (if not same as well owner) Barnard Geisick Mailing Address 30300 CR 57 Mailing Address 32879 WCR 51 City Gill State CO Zip 80624 City Greeley State CO Zip 806:33 Phone 970-352-4654 Email Phone 970-396-2705 j Email Well Visit Aquamap Information to and find well Location information: (Provide http:/iwater.state.co.us/DataMaps/GlSandMaps/AquaMap/Pages/default.aspx Permit No. and/or Case or Decree No. if no WDID exists or is not known) WDID Permit No Water Case Court N0 Location ('/4,1/4. Sec.. T., R., PM) Well North,n9 GPS Coordinates UTM must be in NAD83. Zone 12/13N Eason 0105390 13199-F NW-SW34-6N65W 4. t ivl 4476926.5 D W R : - TES ER 529145 W0607 DWR GPS 4476933 529149.0 Power Supply ■ Electric Artesian ❑ Solar n Windmill [I Fossil Fuel _ O Other (describe) Provide the following if the well's power supply is electric Power rra Company Name n Power a Company Service No Meter Manufacturer 1 n/a ilia Manufacturer's Serial No. Power rotating Company and leading Meter Reading zeroes) n/a on Date of Test (including all Multiplier n/a Number n/a of Rotating Digits: Uses on power company meter' - Does the same Power Company Meter serve other devices, including other wells/pumps? If yes, describe system Yes • No Colorado Division of Water Resources LOWER POUDRE AUGMENTATION COMPANY WDID 0103397 www.water state co us TESTER: D. CRITCHFIELD Effective 06I01I2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 2 of 6 INSTALLED TFM INFORMATION Manufacturer Mccrometer Model No. n/a Meter GPSCoordinates irtnos sem, a,, 1M:ff roor d,natpsi NAi]R3 UIM Zone 12/13N - Serial No. Reading on Test Date Sensor/Meter 08-8-1041 534633 Northing: 4476926.5 Register Easting: 52914 5 Meter Type horizontal Meter Size 8 Multiplier .001 No. of recording digits 6 Meter Units Gallons x Acre Feet Cubic Feet Other, describe: Meter Orientation Diameters of Straight Pipe Diameter of Discharge Pipe ID OD Upstream Downstream 1 JHorizontal I Vertical t 62" 34" 7.731 8.0 Is the meter installed to manufacturer's specifications? x Yes No If no, explain: TEST METER INFORMATION Test Meter Manufacturer: Fuji Test Meter Serial Number: N4P1245T Date of Last Calibration: 7/2O/2O15 Meter Orientation Pipe Wall Thickness Diameters of Straight Pipe Diameter of Discharge Pipe Horizontal Upstream Downstream ID OD n Vertical • 1 34 82" 13" 7.731 5.0 Verification of Installed Meter if more than one meter tested for same discharge, show all tests. Use second sheet if necessary); Date of Test: 8/3/2015 Time of Test (Begin): 1415 Length of time pump has been running prior to Tester's arrival: 24 : 00.. (Hi1:n1M) Test Meter Calculations (Show All Work) Installed Meter Calculations (Show All Work) Installed Meter Calculations: Start: 534653 Finish: 534679 = .026 acre ft 325851 x .026 = 8472.126 8472.1261938 seconds = 9.032 gps 9.032 X 60 = 541.92 gpm ExistingK-factor Adjusted K -factor Collins Gauge: GPM Factor: Camp Settings: _Stop Ultrasonic Tranducer Space Settings: Test Meter Calculations: S Start: 00000 Finish: 8677.8 Test meter is reset to zero before testing begins. 15.78 minute test produced 8677.8 total gallons. 8677.8/15.78 = 549.92 gpm Flow rate with Collins tube removed: (Show Q to the nearest 0.00 GPM) Avg QT: 549 . 9 2 (Show Q to the nearest 0.00 GPM) Avg QI: 541 . 9 2 Correction AVG QT 5`60 . 9 2 __ 4 Factor 1 0 1 Shown to the nearest 0.000 AVG Ql 541 9 2 Colorado Division of Water Resources wmv w'ater.state.coma Effective 05115/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 3 of 6 If Correction Factor is: Div. 1, Div. 2 and Republican River Correction Factor Policies Div. 3 Correction Factor Policies 0.950 to 1.050 Test will be valid for a maximum of four years. The installed TFM is in accurate working condition_ No Request for Variance is required No Correction Factor is Applied to determine diversions. 0.920 to 1-051 to OR 0_949 1.080 Test will be valid for a maximum of four years The Variance Request to Use Correction Factor portion of this Form must be completed and signed by the Owner/User. ' Note: A Correction Factor will be applied to determine diversions. May grant a request for a variance to allow the use of a Correction Factor. Test will be valid for one year from the date of the test. A variance will be allowed for a maximum of three years, after which the TFM must be repaired or replaced ANC a new Test conducted. That Test must confirm accuracy within ±5.0%. The Variance Request to Use Correction Factor for TFM portion of this Form must be completed and signed by the Owner/User. *Note: A Correction Factor will be applied to determine diversions. 0.90O to OR 1.081 to 0.919 1.100 Test will be valid for one year only. No later than one year from the date of this Test the installed TFM must be repaired or replaced AND a new test conducted that confirms an accuracy of within ±5.0%. The Variance Request to Use Correction Factor portion of this Form must be completed and signed by the Owner/User. *Note: A Correction Factor will be applied to determine diversions. Test will be rejected and the installed TFM must be repaired or replaced AND a new Test conducted. The second Test must confirm an accuracy of within ±5.0%. If TFM fails test and is re -calibrated (k -factor modified). show failed Test, indicate below k -factor before and after, AND show new test on additional duplicate page (include failed and passed test page 3). <0.900 OR >1.100 Test will be rejected and the installed TFM must be repaired or replaced AND a new Test conducted. Uses through this totalizing flow meter: measured through TFM? all discharges One well pumps Check all that apply: Does well have multiple discharges ❑ Yes ❑ No Use this space to describe Meter Testing: How was the welUmeter tested with test equipment (open discharge, pressure, Show information in detailed sketch on next page or as an attachment or more than one way)? See attached photo Colorado Division of Water Resources www.water.state. co.us Effective (611512014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 4 of 6 Detailed Sketch: Show total system from pump to discharge, other pumps in the same well, and electrical system including other devices on the same meter, Show where test meter and pressure gauge were placed and how system was modified to perform test. Show measurements. In addition to sketch, an attached photograph is recommended. Detailed description of system under normal operating conditions. (Example: One well pumps to two sprinklers. Each sprinkler has an end gun that operates when the sprinkler is operating.) Include number of irrigated acres. One well pumps to one open discharge. Irrigated acres not determined Colorado Division of Water Resources www.water.state co.us Effective 0512010 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 5 of 6 Tester Verification 1, the undersigned, Governing the Totalizing Flow advised the I understand minus 5% of and/or condition Signature of state that I am currently a person approved Measurement of Ground Water Diversions Meter to either be in accurate working condition Owner/User to complete the Variance Request that "accurate working condition" is determined an independent field measurement made using of a Totalizing Flow Meter can subject by the State Engineer to conduct well tests pursuant to the Rules as indicated on page 1 of this form. I have determined the installed as defined by the Rules indicated on page 1 of this form OR have below of this form. when the indicated flow through the Installed Meter is within plus or Calibrated Test Equipment. I understand that falsifying the accuracy me to a fine of up to $500.00. -..S . c - Date Tester:„--' ' -- --`'- `--- Tester Name, Company, Phone, Email Name: Damion Critchfteld Company Name Field Well Testing Phone: 97O -63O -16O1 Email, fieldwelltesting@yahoo.com VARIANCE REQUEST TO ALLOW A CORRECTION FACTOR To be used when calculating use with the installed TFM: I request a Variance to allow the use of the Correction Factor. I understand that a Variance WILL NOT be issued to allow a Correction Factor for a Totalizing Flow Meter (TFM) if the inaccuracy is due to the TFM or appurtenances being intentionally damaged or modified by the owner and/or user of the well/meter. I understand that the Correction Factor as computed by the above Qualified Well Tester will be verified by or revised by the Division of Water Resources and that final Correction Factor will be applied to ALL use records until the TFM is repaired/replaced and/or a new test conducted for this Well. I understand and agree to the required conditions of the variance as indicated below: Division 1 , Division 2 or Republican River Basin If Correction Factor is between 0.920 to 0.949 or Correction Factor wilt be applied to determine diversions (Check only one) is between 1.051 to 1.080, the Test will be valid for no more than four years. The from the welt . If Correction Factor is between 0.900 to 0.919 or is between 1.081 to 1.100, the Test will be valid one year. No later than one year from the date of this Test, a new Measurement Test must be conducted and the accuracy of the new Test must be within ±5.0%. The Correction Factor will be applied to determine diversions from the well. Further, I acknowledge that repair and/or replacement of this Meter and/or portions of the Discharge System is required within that one year AND I agree to make the necessary changes within that time. Division 3 _ If Correction Factor is between 0.920 to 0.949 or 1.051 to 1.080, and Division 3 approves this Variance Request, the Test will be valid for no more than one year A new variance including new correction factor computed by a Quailed Well Tester shall be required each year thereafter. A variance will only be allowed for TFM for a maximum of three years. After three years the TFM must be repaired or replaced and working within the required ± 5%. The Correction Factor will be applied to determine diversions from the well. • For Electrically Transformer The above information Flow Meter TFM; I agree I am the DWell Signature of Print Name Powered Wells/Pumps, I agree to the release of information pertaining to my Electric Service and Use, including Current Factor (Cl), Voltage/Potential Transformer Factor (Pt) and Electric Meter Readings, to the Colorado Division of Water Resources by my electric supplier for the purposes of detemmining or verifying Water Use from the Well/Pump. is true to the best of my knowledge. I understand that falsifying the accuracy and/or condition of a Totalizing can subject me to a fine of up to $500.00. If any Variance is requested on my behalf to apply a Correction Factor to my to such Variance - Owner OR Well User •:;-.--:,-----="-- _.... ..._._...._ Well Owner/User ,_.. ... Date "' f..-, `'Damion Critchf11ld" ro behalf of well io 5 w- r- - f of Well Owner/User !'7 a t' t / 6r Colorado Division of Water Resources w+rvw.water.state co.us Effective 06/15/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 6 of 6 FOR REPUBLICAN RIVER BASIN ONLY: omplete this section to determine Power Consumption Coefficient (PCC) Rating to be used as a Back -Up Measurement Method. Power Supply And Use Power Company Name nla Power Company Customer Account No. n!a Electric Meter Manufacturer n/a Manufacturer's Serial No. n/a Power company meter reading on day of test / Include all rotating digits and leading digits n! a Multiplier n/a Number of rotating digits n/a Voltage/potential transformer factor: ❑ None (1.0) ❑ 2.5:1 (2.5) ❑ 2.4:1 (2.4) ❑Other (specify) Current transformer factor ❑ None (1.0) • 200:5 (40) O 400:5 (80) ❑ 800.5 (160) O other (specify) Kh factor: (If no Kh factor is shown, use 1.0.) Pkh = Kh x Pt x Ct shownQtt_meter Does the same Power Company Meter serve other devices, including other wells/pumps? ❑ Yes If yes, describe: ! If yes, were all devices operating during test? I Yes No ® No i O ❑ Static Level Pumping Level Total Dynamic Head Elev. at Site Operating Pressure Yield Determination Of Power Demand (Minimum Of Five Tests) Na Of Disk Revolutions Second (sec) Rate (rev/sec) Power Demand (P) = Average rate x 3.6 x Pkh PW KW 1. 2. to nearest 0.000 3 Calculation Of Power Consumption Coefficient (Pcc) 5433 X P 4. Q 5. PCC = KWHI/AF 6. to nearest 0.00 MMihi of Calculating Power Consumption Lae roerrt ere Specified in u S 0 g Water Resources rnvestrgat o+r Report (69-4107) Average Rate (4 Decimal Places 4.0!]00) Discharge methods (mark all that apply) ❑ Open discharge/tow pressure pipeline ■ Sprinkler ■ Drip tape ❑ Pressurized system (including household, stock andlor humidification uses) ❑ Other (describe) Describe all discharges and provide detailed Wtetcji on Page 5 or as attachment End gun On Off No End Gun El ❑ If use ?Tend gun is part o normal operating conditions, test must be conducted with the end gun on 11 12 1 10 2 9 3 8 4 7 5 6 Position of sprinkler (12:00 is due north) Sprinkler u On ■ Off If Off, explain why: Percent speed of sprinkler running: % Sprinkler operating at normal speed? [] Yes ❑ No If no, explain why: Description of irrigated terrain (i.e. flat. rolling hills, etc.) Does the system have working pressure regulators installed? ❑■ Yes ❑ No Pump Information Pump type Discharge pipe at test site O Turbine Motor Pipe ID 7.731 inches ❑ Centrifugal Horsepower Pipe OD 8.0 inches ❑ Submersible ❑ Other Wall thickness .134 inches (specify) Colorado Division of Water Resources www.water.state.co us Effective 06/15/2014 Letter of Authorization Field Well Testing I give authorization for Field Well Testing to prepare, sign and submit documentation to the State of Colorado, Division of Water Resources on my behalf for the purpose of compliance. Damion Critchfield Customer Signature Print Name Date Form 3-1 06!15!2014 8. Platte River — Division 1 970-352-8712 Fax 970-392-1816 810 9"' Street, 2`' Floor, Greeley. CO 80631 dnr_div1spgwm@state co.us Republican River — Division 1 970-352-8712 Fax 970-392-1816 r JAM For Office Use Only DWR 8-06-2015 0105391 KEB ❑PassNd ❑Failed ❑Variance Approved Date of variance 810 9r`' Street. 2" Floor. Greeley, CO 80631 dor_divirrgwm@state.co.Lis Arkansas River — Division 2 719-542-3368 Fax 719-544-0800 t. O ;. O n e,r) t www.water.stare.co.us 310 E. Abriendo, Suite B. Pueblo, CO 81004 Rio Grande River — Division 3 719-585-6683 Fax 719-589-6685 P O Box 269 301 Murphy Drive Alarnosa, CO 81101 Designated Basins —Division 8 303-866-3581 Fax 303-866-2223 1313 Sherman St. Rm. 818. Denver, CO 80237 NOTICE OF TOTALIZING FLOW METER RE -VERIFICATION, INSTALLATION OR REPLACEMENT Check appropriate box ❑ To be filed in Compliance with Rule 16.5 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the Republican River Basin (Complete pages 1-6) ❑ To be filed in Compliance with Rules 3.1 of the Amended Rules Governing the Measurement of Tributary Ground Water Diversions in the Arkansas River Basin (Complete pages 1-5) ❑ To be filed in Compliance with Rule 3.1 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the Rio Grande River Basin (Complete pages 1-5) El To be filed in Compliance with the Ground Water Commission Rules Governing Designated Basins (Complete pages 1-5) A To be filed in Compliance with Rule 3 1 of the Rules Governing the Measurement of Tributary Ground Water Diversions in the South Platte River Basin (Complete pages 1-5) Reason for meter verification (Check all that apply): El Re -Verify Previously Verified TFM The following MUST be provided for new & replaced meters li New TFM (No previous meter) Date New TFM installed: ❑ Replacing Previous TFM (also complete area at right) Date Previous TEM removed: Previous TFM Serial No.: Previous TEM Reading (Estimate required if not readable) • Change in Measurement Method from: Hour Meter ❑ Slave Meter ❑ Power Co Meter ❑ Previous Meter SN CI Register seal replaced due to: New Seal No. Old Seal No. TEM Reading K -Factor (Test req'd. if changed) El Sensor/meter seal replaced due to: New Seal No Old Seal No. TFM Reading Contact Information: Well Owner Name Bryan Hoffner User (if not same as well owner) Name Barnard Geisick Mailing Address 30300 CR 57 Mailing Address 32879 WCR 51 City GillGreeley State COZip 80624 City State CO Zip $ri;;, Phone 970-352-4654 Email Phone 970-396-2705 Email Well informat"on and Location (Provide Permit No. andlor Case or Decree No. if no WON) exists or is not known) Visit Aivamap to find well information: httpliwater.state,co,usiDataMaps/GISandMaps/AquaMapiPagesidefault.aspx WDID Permit No. Water Court C. No Location (Yd,'/.,, Sec., T , R., PM) Well GPS Coordinates must be in NAD83. UTM Zone 12/13N rkmhiixg .imm g 010.5391 13200-F NW-NW3-5N65W. 6 PM 4476115.0 528981.4 W0607 DWR GPS 14476124.0 528957.0 Power Supply CI Electric ❑ Artesian ❑ Solar i Windmill ❑ Fossil Fuel ❑ Other (describe): Provide the following if the well's power supply is electric: Power Company Name n -a Power Company Service No. rr'u Meter Manufacturer nla anufacturer's Serial No. n a Power Company Meter Reading on Date of Test (including all rotating and leading zeroes): nia Multiplier n!a Number of Rotating Digits: n/a Uses on power company meter: Does the same Power Company Meter serve other devices, including other wells/pumps? If yes. describe system. ❑Yes ID No Colorado Division of Water Resources LOWER POUDRE AUGMENTATION COMPANY WDID 0103397 www.water.state.co.us TESTER: D. CRITCHFIELD Effective 06/0112014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification. Installation or Replacement Page 2 of 6 INSTALLED TFM INFORMATION Manufacturer McCrometer Model No. n/a Sensor/Meter Register Serial No. 01-8-2585 Reading on Test Date 847710 Meter GPS Coordinates as v srIi c,x,d:n.ate,} NADS3 UTM Zone 1?/]3N Northing:4476115 0 Fasting: 528981.4 Meter Type horizontal Meter Size 8 Multiplier .001 No. of recording digits Meter Units Gallons Acre Feet Li Cubic Feet Other, describe: Meter Orientation H Horizontal j Vertical Diameters of Straight Pipe Upstream Downstream _ 36" 28" Is the meter installed to manufacturer's specifications? fx Diameter of Discharge Pipe ID OD 7.692 8.0 Yes No If no, explain: TEST METER INFORMATION Test Meter Manufacturer: Fuji Test Meter Serial Number: N4P1245T Date of Last Calibration: 7/20/2015 Meter Orientation x _ j Horizontal n Vertical Pipe Wall Thickness 154 Diameters of Straight Pipe Upstream Downstream Diameter of Discharge Pipe ID OD 6'3" 10" 7.692 8.0 Verification of Installed Meter (if more than one meter Date of Test: Time of Test (Begin): 8/3/2015 1515 tested for same discharge, show all tests, Use second sheet if necessary): Length of time pump has been running prior to Tester's arrival: 24 : 00 (HH:MM) Test Meter Calculations (Show All Work) Installed Meter Calculations (Show All Work) Collins Gauge: GPM Factor: Stop Clamp Settings: Ultrasonic Tranducer Space Settings: Test Meter Calculations: Start: 00000 Finish: 12996.3 Test meter is reset to zero before testing begins. 15.72 minute test produced 12996.3 total gallons. 12996.3/15.72 = 826.74 gpm Installed Meter Calculations: Start: 847750 Finish: 847791 = .041 acre ft 325851 x .041 = 13359.891 13359.891 / 922 seconds = 14.490 gps 14.490 X 60 = 869.40 gpm ExistingK-Factor _ Adjusted K -factor Flow rate with Collins tube removed: (Show Q to the nearest 0.00 GPM) Avg QT: Sts . 7 4 (Show Q to the nearest 0.00 GPM) Avg QI: 869 Correction AVG QT 826 7 4 Factor AVG CO 869 4 9 5 0 Shown to the nearest 0.000 Colorado Division of Water Resources www.water. state co.us Effective 06/15/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 3 of 6 If Correction Factor is: Div. 1, Div. 2 and Republican River Correction Factor Policies Div. 3 Correction Factor Policies 0.950 to 1.050 Test will be valid for a maximum of four years. The installed TFM is in arrirrate working condition. No Request for Variance is required. No Correction Factor is Applied to determine diversions. 0.920 to 1.051 to OR 0.949 1.080 Test will be valid for a maximum of four years The Variance Request to Use Correction Factor portion of this Form must be completed and signed by the Owner/User. 'Note: A Correction Factor will be applied to determine diversions. May grant a request for a variance to allow the use of a Correction Factor. Test will be valid for one year from the date of the test A variance will be allowed for a maximum of three years, after which the TFM must be repaired or replaced AND a new Test conducted. That Test must confirm accuracy within ±5.0%. The Variance Request to Use Correction Factor for TFM portion of this Form must be completed and signed by the Owner/Use Owner/User `Note: A Correction Factor will be applied to determine diversions. 0.900 to OR 1 081 to 0.919 1.100 Test will be valid for one year only. No later than one year from the date of this Test the installed TFM must be repaired or replaced AND a new test conducted that confirms an accuracy of within ±5.0%. The Variance Request to Use Correction Factor portion of this Form must be completed and signed by the Owner/User. *Note. A Correction Factor will be applied to determine diversions. Test will be rejected and the installed TFM must be repaired or replaced AND a new Test conducted. The second Test must confirm an accuracy of within ±5.0%. If TFM fails test and is re -calibrated (k -factor modified), show failed Test, indicate below k -factor before and after, AND show new test on additional duplicate page (include failed and passed test page 3). <0.900 OR >1.100 Test will be rejected and the installed TFM must be repaired or replaced AND a new Test conducted. Uses through this totalizing flow meter: Does well have multiple discharges measured through TFM? Check all that apply: ■ Yes 0 No ` O Open ❑ Pressure ❑ Artesian ■ Other Use this space to describe all discharges One well pumps to one open discharge Meter Testing: How was the well/meter tested with test equipment (open discharge, pressure, Show information in detailed sketch on next page or as an attachment or more than one way)? See attached photo Colorado Division of Water Resources www.water state.ca.us Effective 06/15/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 4 of 6 Detailed Sketch: Show total system from pump to discharge, other pumps in the same well, and electrical system including other devices on the same meter. Show where test meter and pressure gauge were placed and how system was modified to perform test. Show measurements. In addition to sketch, an attached photograph is recommended. Detailed description of system under normal operating conditions. (Example: One well pumps to two sprinklers. Each sprinkler has an end gun that operates when the sprinkler is operating.) Include number of irrigated acres. One well pumps to one open discharge. Irrigated acres not determined Colorado Dins€on of Water Resources www.water.state.co us Effective 05/2010 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 5 of 6 Tester Verification I, the undersigned. Governing the Totalizing Flow advised the I understand minus 5% of and/or condition Signature of state that I am currently a person approved by the State Engineer to conduct well tests pursuant to the Rules Measurement of Ground Water Diversions as indicated on page 1 of this form. I have determined the installed Meter to either be in accurate working condition as defined by the Rules indicated on page 1 of this form OR have Owner/User to complete the Variance Request below of this form. that "accurate working condition" is determined when the indicated flow through the Installed Meter is within plus or an independent field measurement made using Calibrated Test Equipment. I understand that falsifying the accuracy of a Totalizing Flow Meter can subject me to a fine of up to $500.00. Tester: - �^ - ... --` = Date -,--- Tester Name, Company, Phone, Email Name: Damion Critchfield Company Name: Field Well Testing Phone: 970-630-1601 Email: fieldwelltesting a©yahoo.com VARIANCE REQUEST TO ALLOW A CORRECTION FACTOR To be used when calculating use with the installed TFM: I request a Variance to allow the use of the Correction Factor I understand that a Variance WILL NOT be issued to allow a Correction Factor for a Totalizing Flow Meter (TFM) if the inaccuracy is due to the TFM or appurtenances being intentionally damaged or modified by the owner and/or user of the well/meter. I understand that the Correction Factor as computed by the above Qualified Well Tester will be verified by or revised by the Division of Water Resources and that final Correction Factor will be applied to ALL use records until the TFM is repaired/replaced and/or a new test conducted for this Well_ I understand and agree to the required conditions of the variance as indicated below: Division 1 , Division 2 or Republican River Basin (Check only one) O If Correction Factor is between 0.920 to 0.949 or is between 1.051 to 1.080, the Test will be valid for no more than four years. The Correction Factor will be applied to determine diversions from the well. If Correction Factor is between 0_900 to 0.919 or is between 1.081 to 1.100, the Test will be valid one year. No later than one year from the date of this Test, a new Measurement Test must be conducted and the accuracy of the new Test must be within ±5.0%. The Correction Factor will be applied to determine diversions from the well. Further, I acknowledge that repair and/or replacement of this Meter and/or portions of the Discharge System is required within that one year AND I agree to make the necessary changes within that time. Division 3 If Correction Factor is between 0.920 to 0.949 or 1 051 to 1.080, and Division 3 approves this Variance Request, the Test will be valid for no more than one year A new variance including new correction factor computed by a Qualified Well Tester shall be required each year thereafter. A variance will only be allowed for TFM for a maximum of three years. After three years the TFM must be repaired or replaced and working within the required ± 5%. The Correction Factor will be applied to determine diversions from the well. For Electrically Transformer The above information Flow Meter TFM, I agree Powered Wells/Pumps, I agree to the release of information pertaining to my Electric Service and Use, including Current Factor (Ct), Voltage/Potential Transformer Factor (Pty and Electric Meier Readings, to the Colorado Division of Water Resources by my electric supplier for the purposes of determining or verifying Water Use from the Well/Pump. is true to the best of my knowledge_ I understand that falsifying the accuracy and/or condition of a Totalizing can subject me to a fine of up to $500.00. If any Variance is requested on my behalf to apply a Correction Factor to my to such Variance. Well Owner OR 1/ell User�___�,_�._7 v--.- ::2— ., Date Well Owner/User 1 am the Ill Signature of Print Name .......,„-------H.,_____ of Well Owner/User Daamion Critchfield - o b half of well o--- ,g/t ,r)a; p. Colorado Division of Water Resources www water.state co.us Effective 06/15/2014 Form 3.1 Notice of Totalizing Flow Meter Re -Verification, Installation or Replacement Page 6 of 6 FOR REPUBLICAN RIVER BASIN ONLY: ' omplete this section to determine Power Consumption Coefficient (PCC) Rating to be used as a Back -Up Measurement Method. Power Supply And Use Power Company Name n/a Power Company Customer Account No. n/a Electric Meter Manufacturer n/a Manufacturer's Serial No. n/a Power company meter reading on day of test Include all rotating digits and leading digits nla Multiplier I Number of rotating digits n/a 1 n/a Voltage/potential transformer factor: ❑ None (1.0) • 2.5:1 (2.5) O 2.4:1 (2.4) ❑Other (specify) Current transformer factor: ❑ None (1.0) ❑ 200:5 (40) • 400'5 (80) ❑ 800:5 (160) ❑ other (specify) Kh factor: (If no Kh factor is shown. use 1.0.) Pkh=KhxPtxCt _s1}�pf.meter Does the same Power Company Meter serve other devices, including ❑ Yes If yes, describe: other wells/pumps? If yes, were all devices operating during test? ® No Yes No ❑ ■ Static Level Pumping Level Total Dynamic Head Elev. at Site Operating Pressure Yield Determination Of Power Demand (Minimum Of Five Tests) No. Of Disk Revolutions Second (sec) Rate (rev/sec) Power Demand (P) Average rate x 3.6 x Pkh 1. - P= KW 2. to nearest 0.000 Calculation Of Power Consumption Coefficient (Pcc) = 5433 X P 3 4. a PCC = KWHIAF 6. to nearest 000 Average Rate (4 Decimal Places o.ODoo) eft r,ds of Calculating Power Consumption Coe7ficeent are Spec -Ala) In U.S G S Water Resources irnestigation Report (89-4107) Discharge methods (mark all that apply) ■ Open discharge/low pressure pipeline ❑ Sprinkler ❑ Drip tape ❑ Pressurized system (including household, stock andlor humidification uses) ■ Other (describe) Describe all discharges and provide detailed sketch on Page 5 or as attachment End gun On Off No End Gun ❑ If use o neon is part ormalr operating conditions, test must be conducted with the end gun on 17 12 l 10 2 9 3 8 4 7 5 6 Position of sprinkler (12:00 is due north) Sprinkler ❑ On ❑ OW If Off, explain why: Percent speed of sprinkler running. % Sprinkler operating at normal speed? ❑ Yes ❑ No If no, explain why: Description of irrigated terrain (i.e. flat, rolling hills, etc.) Does the system have working pressure regulators installed? II Yes ❑ No Pump Information Pump type ElTurbine O Centrifugal ❑ Submersible ❑ Other (specify) Motor Horsepower Discharge pipe at test site Pipe ID 7.692 inches Pipe OD 8.0 inches Wall thickness -154 inches Colorado Division of Water Resources www.water.state.co us Effective 06/15/2014 Letter of Authorization Field Well Testing I give authorization for Field Well Testing to prepare, sign and submit documentation to the State of Colorado, Division of Water Resources s on my behalf for the purpose of compliance. Damson Critchfield Customer Signature L,5 /"')( -f- ; C:k Print Name Date C O I C n .l, .; n FORM 3.1/3.2 WELL MEASUREMENT VERIFICATION FORM (VER. 7/1/2017) `rittp:- ; wafer .srviCCC.'JS' oro' :—:::' Ci . uWAorrl ln. JSe.A.N17;^s0n5u Ile.,. REASON FOR VERIFICATION (CHOOSE ONLY ONE) 3.1 FORM (TFM): Re -verify TFM Li Replace TFM []Repair/Reprogram TFM No ❑Prev. TFM ORe seal TFM 3.2 FORM (PCC): New PCC LJ Re -verify PCC Modification Date (if re -verified due to system modification): METER LOCATION AND ASSOCIATED WELL INFORMATION: WDID 1: WDID 2: WDID 3: WDID 4: UTM E: UTM N: Well Desc. (Permit, Legal or Name): NW-3W34-6N65W 13199-F TAMPER RESISTANT Meter Seal No.: SEAL INFORMATION New Seal No.: 97406 Other: Seal No. New Seat No. Register Seal No.: New Seal No.: Other: Seal No. New Seal No. REPLACED TFM INFORMATION Meter Serial No.: n/a Register Serial No.: Date New TFM Installed: Date Previous TFM Removed: Previous TFM: ❑Reading DEstimate POWER METER INFORMATION: Serial No.: 82 252 335 Mfr.: Sentinel Reading: 017215 Mult.: 1 No. Digits: 6 Power Company: xcel INSTALLED TFM INFORMATION Meter Serial No.: (TFM ONLY): 8-8-1041 Register Serial No.: n'a Mfr. McCrometer Model, MD308-13000V3 Multiplier: OO01O No. Rec. Digits: 6 Units: O Ac -Ft nGal ❑ Ac -In III Cu -Ft K -Factor Of adj.) OD: 8.000 10: 7731 U/S Straight Pipe (Dia.): 6.00 D/S Straight Pipe (Dia.): 400 Vanes: es Milo Q Unknown TEST METER LOCATION OD: 8.020 Wall Thickness: AND DISCHARGE 0.139 ID: PIPE 7.742 INFORMATION: U/S Straight Pipe (Dia.): 3 00 D/S Straight Pipe (Dia.): 3 00 Discharge (One or more): • Open discharge/tow pressure ❑Sprinkler Drip I 'Pressurized NI Other: TEST METER (COLLINS TUBE): UStandard n Overhung INSTALLED FLOW METER GPM Factor: Stop Clamp Settings: Totalizer Readings Elapsed Time (min:sec) Instantaneous igpn,i {Min. 10} 1 2 3 4 5 6 7 8 9 10 Acit Front: Stop: Start: Total: 658.6510 15 : 6.00 Back: 658 6250 0 : 0.00 2 -Point Use all for 10 -Point 0-0260 15.10 Avg. of F/B: I I I I I 1 1 (Dec. Min.) Avg. Collins: x GPM factor 56 1 .1 Avg. Ql (gpm) (0,000.0) Avg. QT (gpm): (0,000.0) TEST METER (ULTRASONIC OR VOLUMETRIC) CALIBRATION COEFFICIENT (TFM ONLY) Reading (gal) Elapsed Time (min:sec) Avg. QT (gpm) (0,000.0) QT= 552.9 _ CJ Q Stop: Start: Total: 4,205.0 15 : 0.00 552. Ql= ,561.1aJ�5 (to 0.000) 0.0 0 : 0.00 For CC greater than 1.050 or less than 0.950, Owner/Agent is REQUIRED 8.293.0 15.00 Spacer Setting: 5.310 to complete Owner/Agent Info and Variance Request (Page 21. (Dec. Min.) Ultrasonic Meter Onlyl STABILIZATION (PCC ONLY) DETERMINATION OF PD AND PCC (PCC ONLY) Time (24:00) Pumping Level or Discharge Rate (ft) (gpm) Pressure (psi) No. Revs. Time (sec) Rate (rev/sec) Avg. Rate (0.0000) 1 1 • 2 2 3 Pt: 3 • 4 Ct: 4 • 5 Kh: 5 • PD=Avg. Rate x 3.6 x Pt x Ct x Kh- kW (to 0.00) STATIC WATER LEVEL (PCC ONLY) PCC = (5433 x PD) _ (QT) = kWh/af (to 0.0) Pump run time prior to arrival: Static Water Level (Decimal Feet from Discharge Centerline): For PCC, Owner/Agent is REQUIRED to complete Time of Static Water Level Measurement: Owner/Agent Info and Variance Request (Page 2). It wa:er Levels cannot be obtained, provide reason: SPRINKLER INFORMATION (FCC ONLY) End Gun: On ❑0ff None Sprinkler: On T Jff Tested Sprinkler Speed (%): Normal Speed? Yes 0 No Position from North: o'clock Pump HP: Pressure Regulators Installed and Funtional?: Des ❑ No If re -verified due to system modifications, describe: TESTING PROCEDURE PHOTO/SKETCH, ADDITIONAL CALCULATIONS AND COMMENTS Describe testing procedure including sketch or photo documenting the well/meter configuration, outlets and test procedure. If programmable meter calibration (i.e K -Factor) is modified, explain reason for modification (i.e. measured flowrate before/after). Include detailed description of system under normal operating conditions. One well pumps to one open discharge. Tested under normal operating conditions See photo OWNER/AGENT INFO: Name: Bryan Heffner Entity: n/a Title: owner Address: 30300 CR 57 City: OW State: CO Zip: 80624 Phone: 970-352-4654 CERTIFIED TESTER STATEMENT I hereby state that I am currently a person approved by the State Engineer to conduct well tests pursuant to the appropriate Rules Governing the Measurement of Ground Water Diversions. I have personally conducted measurement verification {TFM or PCCIof the above -described measurement device as required by the Rules/Program Standard. I understand that falsifying this test can subject me to a fine of up to $500. Tester Name: Shannon Scholefield Date of Well Test: 06/04/2019 Time of Well Test: 12:30 pm Tester Signature: 54a4,1O,4 S afa a Test Meter Serial No.: N4P1245T Test Meter Manufacturer: Fuji OWNER/AGENT VARIANCE REQUEST (ONLY REQUIRED FOR VARIANCE REQUEST) As Owner or Owner Agent, I hereby request a variance to Measurement Rules for use of a Correction Coefficient or Power Conversion Coefficient as represented on this test. I understand that this Coefficient (TFM or PCC) will be utilized to calculate diversions associated with this meter. Name (Print): Signature: Date: Page 2 - Ver. 07/01/17 cc: c ,z :,"c FORM 3.1/3.2 WELL MEASUREMENT VERIFICATION FORM VER. 7/1/2017) IhtI' I1ttp ..vate-.state.= r .'n,'o.,riwa;er �'A'Acm 1 r•An e i.,, REASON FOR VERIFICATION (CHOOSE ONLY ONE) 3.1 FORM (TFM): ■ Re -verify TFM ❑Replace TFM ■Repair/Reprogram TFM QNo Prev. TFM [7Re seal TFM 3.2 FORM (PCC): New PCC ❑ Re -verify PCC Modification Date (if re -verified due to system modification): METER LOCATION AND ASSOCIATED WELL INFORMATION: WDID 1: - s � WDID 2: I 1 WDID 3: WDID 4: UTM E: - , UTM N: _ ,Ti Well Desc. (Permit, Legal or Name): NW-NVV3-5N650,/ 13200-F TAMPER RESISTANT Meter Seal No.: SEAL INFORMATION ccwco New Seal No.: Other: Seal No. New Seal No. Register Seal No.: New Seal No.: Other: Seal No. New Seal No. REPLACED TFM INFORMATION Meter Serial No.: ilia Register Serial No.: Date New TFM Installed: Date Previous TFM Removed: Previous TFM: ❑ Reading ❑Estimate POWER METER INFORMATION: Serial No.: 75 684 246 Mfr.: Sentinel Reading: 010311 Mult.: 1 No. Digits: 6 Power Company: Xcel INSTALLED TFM INFORMATION Meter Serial No.: (TFM ONLY): 07-8-2585 Register Serial No.: n?a Mfr. MtCrometer Model: MO308-1300oV3 Multiplier: 0.0010 No. Rec. Digits: 6 Units: ■ Ac -Ft ❑Gal ❑ Ac -In ❑Cu -Ft K -Factor (if ad).) OD: 8 000 ID: 7.731 U/S Straight Pipe (Dia.): 5.00 D/S Straight Pipe IDia.): 3-00 Vanes:I—Yes No • Unknown TEST METER LOCATION OD: 8.030 Wall Thickness: AND DISCHARGE 0.163 ID: PIPE 7.704 INFORMATION: U/S Straight Pipe (Dia.): 2.00 D/S Straight Pipe (Dia.): 1.00 Discharge (One or more): • Open discharge/low pressure ❑Sprinkler EDrip Pressurized II Other: TEST METER (COLLINS TUBE): ❑Standard Il Overhung INSTALLED FLOW METER GPM Factor: Stop Clamp Settings: Totalizer Readings Elapsed Time (min:sec) Instantaneous {gpm) Mn_ 101 1 2 3 4 5 6 7 8 9 10 Acft Front: Stop: Start: Total: 972.3520 15 : 2.00 Back: 972.3100 0 : 0 00 2 -Point Use all for 10 -Point 0.0420 15.03 Avg. of F/B) I I I I I I I I (Dec. Min.) Avg. Collins: x GPM factor 910.6 Avg. QI (gpm) (0,000.0) Avg. QT (gpm): (0,000.0) TEST METER (ULTRASONIC OR VOLUMETRIC) CALIBRATION COEFFICIENT (TFM ONLY) Reading (gal) Elapsed Time (min:sec) Avg. QT (gpm) (0,000.0) QT= 892.4 O 980 Stop: Start: Total: 13.386 1 15 : 0.00 0 0.00 892.4 . Ito 0.OQ01 QI= 910.6 o a For CC greater than 1.050 or less than 0.950, Owner/Agent is REQUIRED 13,386.1 15.00 Spacer Setting: 5_324 to complete Owner/Agent Info and Variance Request (Page 2). Dec. Mm- Ultrasonic Meter ilntyi STABILIZATION (PCC ONLY) DETERMINATION OF PD AND PCC (PCC ONLY) Time (24:00) Pumping Level or Discharge Rate (ft) (gpm) Pressure (psi) No. Revs. Time (sec) Rate (rev/sec) Avg. Rate (0.0000) 1 1 2 2 • 3 Pt: 3 • 4 Ct: 4 5 Kh: 5 PD--nvg.Ratr x 3.6 A Pt A C.( X. WI- kW (to 0,00) STATIC WATER LEVEL (PCC ONLY) PCC = (5433 x PD) s (QT) = kWh/af (to 0.0) Pump run time prior to arrival: Static Water Level (Decimal Feet from Discharge Centerline): For PCC, Owner/Agent is REQUIRED to complete Time of Static Water Level Measurement: Owner/Agent Info and Variance Request (Page 2). 1f water Levels cannot be obtained, provide reason: SPRINKLER INFORMATION (PCC ONLY) End Gun:nOn IlOff MINone Sprinkler: On I iDff Tested Sprinkler Speed (%): Normal Speed?❑Yes ❑ No Position from North: o'clock Pump HP; Pressure Regulators Installed and Funtional?: nYes ❑ No If re -verified due to system modifications, describe: TESTING PROCEDURE PHOTO/SKETCH, ADDITIONAL CALCULATIONS AND COMMENTS Describe testing procedure including sketch or photo documenting the well/meter configuration, outlets and test procedure. If programmable meter calibration (i.e K -Factor) is modified, explain reason for modification (i.e. measured flowrate before/after). Include detailed description of system under normal operating conditions. One well pumps to one open discharge. Tested under normal operating conditions. See photo OWNER/AGENT INFO: Name: Bryan Hoffner Entity: nla Title: owner Address: 30300 CR 57 City: Gill State: CO Zip: 80624 Phone: 970-352-4654 CERTIFIED TESTER STATEMENT I hereby state that I am currently a person approved by the State Engineer to conduct well tests pursuant to the appropriate Rules Governing the Measurement of Ground Water Diversions. 1 have personally conducted measurement verification (TFM or PCC)of the above -described measurement device as required by the Rules/Program Standard. I understand that falsifying this test can subject me to a fine of up to $500. Tester Name: Shannon Scholefield Date of Well Test: 06/04/2019 Time of Well Test: 10:45 am Tester Signature: SGT SdeacVida' Test Meter Serial No.: N4P1245T Test Meter Manufacturer: Fuji OWNER/AGENT VARIANCE REQUEST (ONLY REQUIRED FOR VARIANCE REQUEST) As Owner or Owner Agent, I hereby request a variance to Measurement Rules for use of a Correction Coefficient or Power Conversion Coefficient as represented on this test. I understand that this Coefficient (TFM or PCC) will be utilized to calculate diversions associated with this meter. Name (Print): Signature: Date; Page 2 - Ver, 07/01/17 Hello