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Home My WebLink About20201517.tiffEXHIBIT INVENTORY CONTROL SHEET - 5 CASE 2MJUSR19-08-1660 - GLOBAL ASSET RECOVERY, LLC Tyler Exhibit Submitted By Page # Description SS. Applicant TT. Applicant UU. Applicant VV. Applicant WW. Applicant XX. Applicant YY. Applicant ZZ. Applicant Letter of objection dated 5/20/2020 (received AB. SPO Jeanette Snow 31 5/21/2020) Technical Revision request to DRMS dated AC. Applicant 32 5/19/2020 (received 5/26/2020) Koehler pump repair proposal dated 5/5/2020 2 (received 5/21/2020) Koehler/Weideman Agricultural Lease and Lease 6 Yield Final (received 5/21/2020) Checks dated 5/13/2020 to Quality Well and Pump 14 from Mill Iron Mining, LLC (received 5/21/2020) Koehler progress email dated 5/4/2020 (received 17 5/21/2020) *See also Exhibit EE Francis updated agreement dated 5/15/2020 18 (received 5/21/2020) *See also Exhibit GG Text conversations between York and Francis 19 (received 5/21/2020) Francis progress email dated 5/20/2020, email from Quality Well and Pump regarding funds for Francis 27 well (received 5/21/2020) *See also Exhibit WW Email dated 5/13/2020 from York to Bickling requesting feedback prior to submitting Technical 30 Revision to DRMS (received 5/21/2020) AD. Applicant AE. Applicant Ryan Donovan with Lawrence Jones Letter and supporting documentation dated AF. Custer Grasmick LLP 80 5/27/2020 (received 5/27/2020) Ryan Donovan with Lawrence Jones Signed Koehler agreement dated 5/26/2020 AG. Custer Grasmick LLP 175 (received 5/27/2020) Ryan Donovan with Lawrence Jones Signed Murata agreement dated 5/25/2020 (received AH. Custer Grasmick LLP 191 5/27/2020) Email between York/Bickling/Jones regarding revised Koehler and Winters/Hoffner attachments of Screening Map Berms and Updated Mining Plan, and text communication between York/Bickling (received 66 5/26/2020) Landscape and Berm Plan dated 5/26/2020 (received 79 5/26/2020) Ryan Donovan with Lawrence Jones Signed Winters agreement dated 5/26/2020 (received Al. Custer Grasmick LLP 201 5/27/2020) Ryan Donovan with Lawrence Jones Diana Taylor withdrawal of letter of objection dated AJ. Custer Grasmick LLP 211 5/27/2020 (received 5/27/2020) 2020-1517 From: JC York <jcyork@j-tconsulting.com> Sent: Monday, May 11, 2020 9:01 AM To: Melvin Bickling <mbick7077@outlook.com>; Kelly <kahodgel@comcast.net> Cc: Kim Ogle <kogle@weldgov.com>; Jody Jones <jody.jones04@gmail.com>; Lulu <janetkbrown52@gmail.com>; dennis@mcgranewater.com Subject: Re: 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. Mel - This is the open impeller quote I believe as we had that same conversation and the quote attached is for a Berkeley Pump not the American Marsh pump. We talked about the 1100VTK which is the open impeller. I know the quote says 1100VT but we discussed with Fidel when he was putting together the quote. I just called Fidel who we discussed this with and he confirmed that it was the open impeller to me. You are welcome to confirm with Chris and Fidel as well. Regards, J.C. J.C. York, P.E. J&T Consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton, CO 80621 Office: (303) 857-6222 Mobile: (970) 222-9530 FAX: (303) 857-6224 From. Melvin Bickling <mbick7077@outlook corn> Sent: Monday, May 11, 2020 8 41 01 AM To: JC York <Icvork@I-tconsulting corn>, Kelly <kahodge1@comcast net> Cc: Kim Ogle <kogle@weldgov corn>, Jody Jones <lody jones04@gmail corn>, Lulu <lanetkbrown52@gmail corn>, dennis@mcgranewater corn <dennis@mcgranewater corn> Subject: Re Derr Pit Amendment Permit M-20080917 JC Chris Jones, the owner of Quality Well and Pump indicated The GC bowl the engineers spec'd is a closed impeller bowl which I don't particularly like using up here It gives us no longevity to adjust and gain power down the road as the pump wears " This why we are waiting for an estimate from Quality Well and Pump on a pump replacement Quality Well and Pump work on hundreds of wells in the Northern Colorado area and know what type of pumps work this best for this type of application Will contact you back as soon as we have a proposal Regards, Mel Bickling From: JC York <Icyork@i-tconsulting corn> Sent: Monday, May 11, 2020 8 26 AM To• Melvin Bickling <mbick7077@outlook corn>, Kelly <kahodgel@comcast net> Cc. Kim Ogle <kogle@weldgov corn>, Jody Jones <lody Iones04@gmail corn>, Lulu <lanetkbrown52@gmail corn>, dennis@mcgranewater corn <dennis@mcgranewater corn> Subject. RE Derr Pit Amendment Permit M-20080917 Mel — I spoke to Dennis McGrane about the attached estimate we received from Quality Well and Pump last week as he was reviewing it to make sure it covered his recommendation on the pump replacement He agrees but also wants to make sure that there is a valve to ensure that the flow does not go over the 1,000 gpm so over pumping doesn't occur to increase drawdown in the well where it could start sucking air Let me know if you have any questions 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 Quality Well & Puetip (970) 353-3118 Name Address City, ST, ZIP Phone Koehler CR 438 E Cst Date May5,2020 Location We hereby submit specifications and estimates for This is an estimate on pulling replacing and setting turbine pump assembly in the same or new well This pump is rated at 1100GPM 150 Ft head with a 30HP thoroughly inspected All changes or moddicabons to this proposal wdl be approved by the customer as the job progresses DESIGN POINT GPM (total) PSI (at pump) Pumping Level Column Losses Design T0H Estimated BHP EstPumpbowl Eff Est. Pumpmp plant HP 84 0% Quantity Description Price each Total 1 Berkeley 12VT1100K Bowl Assy, 2 stage $ 4,812 00 $ 4,812 00 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 10 Col/Tube/Shaft 8/15 x 10 ft $ 892 00 $ 8,920 00 1 Split bolt & Elect/Rubber tape $ 92 50 $ 92 50 1 GE Motor, Prem Efficiency 30HP $ 3,232 50 $ 3,232 50 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 pnce on this proposal is en estimate only Upon removing the pump end after further inspection additional repairs maybe warranted which cannot be anticipated at this lime The customer shall be informed of and approve any charges above the esbmated pnce shown on this proposal All matenals are guaranteed to be as speed All work shall be completed m a workmanlike manner according to standard practices My alteration or dewabon from above specifications involving extra costs shall be executed only upon wntten orders end will become an extra charge over and above the estimate All agreements conhngenl upon stnkes accidents or delays beyond our control Owner shall carry fire tornado end other necessary insurance Our workers are fully covered by Workman s Compensahon Insurance Customer's Acceptance of Proposal The above pnces specifications and conditions are satisfactory and are hereby accepted You are authonzed to do the work as specified Payment will be made as stated above Total $ 20,810 35 Chris Jones Quality Well and Pump Customer Signature Date From: JC York <jcyork@j-tconsulting.com> Sent: Friday, May 15, 2020 7:49 AM To: Kim Ogle <kogle@weldgov.com> Cc: kahodgel@comcast.net Subject: FW: Derr Pit Information 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. FYI, our response back acknowledging we received the information. From: JC York Sent: Friday, May 15, 2020 7:48 AM To: Melvin Bickling <mbick7077@outlook.com> Cc: kahodgel@comcast.net Subject: RE: Derr Pit Information Mel — Thanks for sending over. Regards, J.C. J.C. York, P.E. J&T Consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton, CO 80621 Office: (303) 857-6222 Mobile: (970) 222-9530 FAX: (303) 857-6224 From: JC York <jcyork@j-tconsulting.com> Sent: Friday, May 15, 2020 7:48 AM To: Kim Ogle <kogle@weldgov.com> Cc: kahodgel@comcast.net Subject: FW: Derr Pit Information 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. FYI, we received this morning. From: Melvin Bickling <mbick7077@outlook corn> Sent. Friday, May 15, 2020 7 40 AM To: JC York <Icyork@i-tconsulting corn> Cc: kahodgel@comcast net Subject. Re Derr Pit Information Jc York Attached is a copy of the Koehler Lease with Perry Weideman The corn crop information is from the reported yields (used to be the ASCS office) for the crop insurance program The tenant farmer does not insure the sugar beets so there was not any data from the crop insurance If you have any further questions, please contact me 970-227-8420 Regards, Mel Bickling Attachment 1 Lease Yield Final r Located in the County of Weld, State ofCo1oiaclo beginning the I until the 3 l ' ,lay patty ari set north AGRICULTURAL LEASE By this lease agtecmcnt (-'t c<tsr ") meted into thts3ls ��it,tcs R 1`cic;hlc.t tact oc:�t�1c; ]., ddy of Uctob��t <ust `Lessor" between the hereinafter set ic)f1ll ("Lessor"), in consideration of the , does hereby lease to Periy W►cclem,tn whose address is 20'1 f W< -l' 76, L'moit, CO S0615, ("Le see"), the following &o;►bed pietnlses lilt -FYI or the Si; ;, of Section 33, 1 oNNnship 6 Noi th, Range 65 West or the , 6111 � I M The Initial te(m of this Lease shall be lot a period of one ( I ) year , day of lanuaty gal and _�, and is tenewable on a ycat-to-yeti basis 11 calm of Ctt-fob ZoZI eI, , unless written notice to terminate is t� < t lc 1 ut')CCt10il 9 I level,) gibed �y cat K[ - .''�.;.udiLeinA Lessee ;lay not assign of designate 5uccessms to the Lease without tlic pilot wittien consent of Lessor, which consent shall not be unielsonably withheld i,csso( may not sublet the Leask, undet any enettnt�taltees The co\'unants (Ltelrl shall extend to and be bindint' upon the successors and assigns of the Lessor and/or the i css \r yen pclintsciou is ob(nlncd, ee, if pilot /3 am s consideration lot the Lease, Lessee shall pay Lessor a cash amount equal to $) 0 pei acie each \teat, which shall be jai "March I'` and one -hall on of below NovcmberdIl , t i hoerent lshalll be alculatcd onall' on oi tthe11c o170 acres leased i essee shall maintain the pro 1eity to uood the 114(51, compliance with a applicable local, state, federal laws andr`ulaii nslil and till, obset ye good and CilStomaly a4�1icultnt;ll practices l,Ui(tt1C1►ii 1 �SC� shall Lessee shall use the premises only for the pioduc,tton a agrtc,ultural piocfui Is 1_41,e&Q,1r Lessor ieser‘es the light foi its crnplotces or lcpresclltrltivc5 to cute, upon the leased, pidtlllses at any tittle fbi the purpose of viewing and i11onitoitt)f; the picini e and making tepaits of improvement of the menses c_ 1111(3!' lt'rm ° s.-LIt11Css othciwise agiced in writing by, Lcscor and L( sscc, all Illlprowinent, additions, ICll,ilts to existing ililplovetllcii(c or (r\tnr ,till() and character whatsoever that are placed y`'+ (11 `.tltieltliC♦ of an', pl iced upon the premises by I esscc of I es,cc's lcptcsenlativer and agents shall become a pail of the property, Lessee at the time of tclnllnatlon of the Lease Agicl:ment, and the Lcssec shall tha\cvedlnolh� chain hateset asatnst the Lessor lot the Cost of %able of such tittptote.meilts, additions, t'cllaIis andstiut_tutes of lot an laboi putCol tired in installing of pci(butting them cssol's_ixuenscs:_ Lessor agrees to pay taxes on land, Improvements and personal property owned by Lessor and expenses necessary 10 repair irrigation said repairs arc made necessary by Lessee's negligence 1 ration well, except ��,l1en - s ;47,,,Quai,L"\cept as otherlilse agreed in {salting ,Lessor Lessee shall bears all costs of operations on the property. Lesseeshalt frnis} all materials (including but not limited to seed, het biotic, and fertilizers), a, well as all machinery, equipment and labor necessary to farm the premises properly. Lessee shall be responsible for all irrigation water assessments and electricity associated with operating the pump lot the irrigation «ell located on the premises M3,..1+t;Sht'C'4 duties In }_ ., osS. itl� �r'e_._ rrt', In addition to the covenants contained in the foregoing sections of the Lease, Lessee f..rth�, r i3gIC'es as follows a To maintain compliance with the Colorado Noxious Weed Act and Weld County Code, Chapter 15, by comply ing with all requirement of such act and 1A cid County Code, including but not limited to developing, subnllttlrig and abiding Management plans required by Weld County authorities n b by all b To firtbfully maintain the premises in accordance with good agricultural and land management practices c To prevent injury to and keep the premises in as good as condition as they are upon the commencement of this Lease Agreement d TO keep open ditches, tile drains, the outlets, waterways in good repair e To keep the premises neat and orderly f To turn the weeds and grass on the roads adiornrng the leased premises g To grant no pelsonis) access to the property, e\ceptmg only i1) Lessor. its employees, agents and representatives, (2) Lessee, Lessee's employees agents and representatives when the same are on the property for the agricultural purposes contemplated under this Lease Agreement, and (3) third parties with permission of Lessor when same are on the property for the agricultural purposes contemplated under the this Lease Agreement h Not to use the premises for any recreational activities, intruding by not limited to hunting, fishing and camping i'- Ll i• q 3;_Lessee may terminate this Lease at the end of any month_with at least one (I) month's written notice to Lessor. Lessot may terminate this lease upon al least thirty (30) days notice at the end of'arny annual tern for any reason Nothing in this Lease shall prevent Lessor from terminating the lease with one month's prior notice to Lessc in the event that Lessor reasonably determines the Lessee has breac=hed this Lease Agreement however, Lessor's failure to terminate upon r r i reach by shall not constitute a waiver ol-any of Lessor's right of to meat n n, nor srsl all Lessor be es°` c5topped from claims against Lessee for breach t S.l'u1 ° i' atju. f t all or any pat t of the p'emtses shall be conveyed to 01 taken by any authority having the power of condemnation or eminent domain, then at the time of such conveyance, or taking, the term of this Lease Agreement shall terminate as to the part so O conveyed or taken_ All amounts paid for such conveyance or awarded toi such taking shall belong to and be part of the property of the Lessor However, any award for damages to clops arising from such exeicise of eminent domain shall be the property of Lessee and_ ii not paid directly to Lessee by the condemning authority, shall be paid by Lessor to Lessee piwmptlj upon Icccipt Pooh such condemning authoutj pw ided, that Lcs of shall have no duty or obligation] to seek such damages from the condemning authority, Lt_dadmujii2Li. I) LESSOR WILL !NDEMNflT''1Y, HOLD HARMLESS, L,ESS, AND RELEASE LESSia, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUIT, JUDGMENTS AND LIABILITIES OF EVERY KIND (INCLUDING ALL EXPENSES OF LITIGATION COURT COSTS AND ATTORNEYS' FEES) BROUGHT OR ASSESSED AGAINST LESSEE BY ANY PARTY WHOMSOEVER DIRECTL1'. x OF INDIRECTLY,. ARISING O Li I OF OR RELATED TO THE AGREEMENT AND RESUMING FROM: a) Persona! injury to, bodily injury to, wrongful death, emotional 01 psychological in to, propertyor wage loss, benefits loss or illness or death of Lessor's direct employees, except to the extent such injuries, losses, iiincssc, of deaths Lessee's negligence 0i wrongful 7Iii5Corlduct, even though Lessor may be protected from suit by state workers' compensation laws; b) Property damage to Lessor's propel ty, except when property damage arises from the negligence of wrongful misconduct of Lessee: and c) Except as provided below in 2c, damage to the environment to tine extent resulting from Lessor's activities. 2) LESSEE WILL INDEMNITY, HOLD HARMLESS, SS, AND RELEASE LESSOR FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES. DEMANDS, CAUSES OF ACTION, SUITS, JUDGMENTS AND LIABILITIES OF EVERY KIND ('INCLUDING= ALL EXPENSES OF LITIGATION COURT COS I'S AND ATTORNEY'S FEES) BROUGHT OR ASSERTED AGAINST LESSOR BY ANY PARTY WHOMSOEVER DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND RL?SULFING FROM: a) Personal injury to, bodily injury to, wrongful death, emotional oI psychological injury to, property or wage loss, or illness or death of Lessee'& eaiaployees or in 'itccs, except to the extent such injuries, tosses, illnesses or deaths re,ult fi oin Lessor's negligence of wrongful misconduct, even though Lessee may be protected from suit by state woi kei s' compensation laws. b) Damages to Lessee's el ops, any and all damages to Lessee" equipment and/ or machinery. e) Damage to the environment resulting from Lessee's operations on the premises IN \d i FNESS WIIERF,OI+, the partu,s have ev.cuted thus tn\trutnent, each r 'P11_'ticniative S'J.1rra^t11tg 1ndrytdually the they have the Full right, power and authority to e\ecule it on behalf 01 the party they represent LESSOR James t< Koehler Revocable I rust trrh1E 5 R Koehler, Trustcc LESEE l3y I3Y7 {—•j`� t'crty vdredemart ACKNOWLLDGMVMEN I State ht Colorado ) ss. Counts of Weld ) On this J f 5i dav of I > ' �: �e/, Z�r/c, bci'oie me personally appeared James R lcoehlcr, Trustee, lames R Koehlet Revocable Trust IN WITNESS SS WIII REOF, 1 have hercut,t,��' `t��7f�a" ) f d y'md year last above ti el �`��`�PQ` a.�l J;li7il ltt�l\LEI n7}` Iloltirlfll .C.21 the � Nl{tt.. t �••• NI) cUmnrla,51or1 i_Nl ' /� ;a •�� A R•Y ) )Irese J 'p� F3 L G 69tat) I uhf{c U,�•• '. ` . •',LQO` State of Colorado County o1' Welch On this 3 1_sf ��itlyol Q6,7or'c-/L , . �4,6b�low me personally appeared Petty. WiI:CICr', an, to me know to be the tdenbeal person who Instrument and acknowledged t✓,G�utc(1 the \`,ltlll., and i()r�,r�irlg ed to me that he executed to same as his Ilcc and ‘.o1untaty act and (teed lot the put poses thetClrl set Ruth IN WITNESS WI -HEREOF, I have hereunto set rnv hand and affixed rrly notarial seal the dal' and ycal Iasi. ribovie w, wen ``poumilulu'40,, \ �4, .&(S),, .9 �.on1111M1011 EXpill I-cl‘ isNli ( / M} i ,S c v�� - �,, • iot(iiy' Public (j .7 • [Courty in VIEW Crop RP -CORN Practice ; IRRIAAIED TyPe ligswascriptigi 330166W 1. ♦ r• 2 ' .-'•--.1..+•. _ _ _________ y -w d._.y•--- ...:..r Unit Oesaipbion JIM KOEHIER Insused'l Share 1.000 .• -a _____••• . 'Other perions sharing in crop .:111 r, t.' . Ct3sTZ F S`. t r � 6189 • fF �-: , .. 56.0 U-4tra Year Taw Produc!c fr 10 8840.00. 11 7461.00 8409.00 17&12 00 14901.E 16273.00 18 r 5939i. GO _it 3381.00 res S I r •• d, jinIUy L., t r'* • .. .. VA., ~i • Acre4 4441 Dean vor 4230 32.34) 46.00 208.0 TA 231.0 TA 230,3 TA mu TA l 244.0 TA 206.0 TA 229.0 TA i tg .0 TA I L3?.ii 230.0 TA 1 18&40, 179.0 TA .._...1._ ..r..-.. - _-....._� 1 .•.S TaVidt irkre 4 e+ Vier F rife J Doit Purling Cornrow } ? 10.k Atilt 211.0 - --• --Smile• ems 1710 I - • _0-.. •:•••••164. -• A- mRigt� - ciess Remarks/Other Trend A ant AoOED 2010 McsTrand App Yld 218.0 Anx ISM Notertige ; ftriut :.+e At7 '710c ZO• +• MU I • alas' -.11 .-..-mar- — SC 03/IWO PR 05/NIN aC 06,131/3 AR Gi/l Trend Ykit lOlr2fl 111444. 104414 13h193, 14T4.53.1512'13,16T436, 171;244,187-..233,191=190 G41 rAvezi C AC) itt S Ci rid ACR COs•tc.ea 1 0 S 1 i i i Mill Iron Mining, LLC. 801 8th Street #130 Greeley, CO 80631 9/0 301.4292 PAY TO THE ORDER OFQuality Well and Pump p **9,886 86 Nine Thousand Eight Hundred Eighty -Six and 86/100'` `**************'*************************************************** Independent Bank 88 1632/1119 MEMO Quality Well and Pump P O Box 577 Greeley, CO 80632 ATURE LOLOFF CONSTRUCTION MITIGATION- FRAN I c� li■OLt,929ii' Mill Iron Mining, LLC. Quality Well and Pump Date Type Reference 5/13/2020 Bill E 19-718 112 03 DOLLARS a- 01; 8 14929 5/13/2020 Original Amt Balance Due Discount Payment 9,886 86 9,886 86 9,886 86 Check Amount 9.886 86 14928 Mill Iron Mining, LLC. 801 8th Street #130 Greeley, CO 80631 97O301.4292 PAY TO THE ORDER OF Quality Well and Pump Independent Bank 88-1632/1119 5/13/2020 **9,886 86 Nine Thousand Eight Hundred Eighty -Six and 86/100******************************************************************** MEMO Quality Well and Pump P O. Box 577 Greeley, CO 80632 LOLOFF CONSTRUCTION MITIGATION - FRANC' li'0 49 2811' Mill Iron Mining, LLC. Quality Well and Pump Date Type Reference 5/13/2020 Bill E19 -718B 0 1 DOLLARS 0J 14928 5/13/2020 Original Amt. Balance Due Discount Payment 9,886.86 9,886 86 9,886.86 Check Amount 9.886 86 8 PAY TO THE ORDER OF Mill Iron Mining, LLC. 801 8th Street 4130 Greeley, CO 80631 97O301-4292 Quality Well and Pump ©Independent Bank 88-1632/1119 14927 5/13/2020 **19346 05 Nineteen Thousand Three Hundred Forty -Six and 05/100"**" `��**""""****" *********�**�*��*********�*******•� MEMO Quality Well and Pump P.O. Box 577 Greeley, CO 80632 LOLOFF CONSTRUCTION/BROKEN ARROW MITI L 2 Mill Iron Mining, LLC. Quality Well and Pump Date Type Reference 5/13/2020 Bill 30562 UtH0CIZED 5 ATURE A 0 2- 0 0 DOLLARS z W 14927 5/13/2020 Original Amt. Balance Due Discount Payment 19,346 05 19,346.05 19,346_05 Check Amount 19.346 05 8 From: JC York <jcyork@j-tconsulting.com> Sent: Monday, May 4, 2020 6:59 PM To: Kim Ogle <kogle@weldgov.com> Cc: kahodgel@comcast.net Subject: Koehler Agreement - Derr Pit USR Amendment EXHIBIT I \) v.SP.‘g - 0 : -1\4,0 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 We provided the attached letter and agreement to Mel Bickling and the Koehler family in March and discussed with them. They elected not to enter into the agreement. We asked them if the well could be pump tested as we wanted to find out what the volume of water was that the well could pump. They indicated to us that the well couldn't be tested until ditches were cleaned and access to the well was available. After the hearing was re -scheduled they indicated that the well could be pump tested by Quality Well and Pump on April 20th. We were notified on April 16th that this was being canceled due to weather and wet conditions. The pump test was re -scheduled for April 27th. Dennis McGrane witnessed the pump test and took data for his use in helping us determine what could be done to rehabilitate the well as during the pump testing the existing pump would only pump 580 gpm and the draw down was approximately 7 feet from the static water level during the pumping. Dennis McGrane provided information to me and I sent it on to Quality Well and Pump to update the previous pricing we had for replacing the existing pump. Dennis provided a pump that he believed would work, as well as recommending the existing column piping be replaced. We asked Quality to check the pump model Dennis provided or provide a similar type pump that would work better for the current conditions. We are waiting to get the updated pricing and provide an updated letter and agreement to reflect those changes. We spoke to Mel about this today and asked if we make these changes would they consider entering into this agreement. He said he would have to discuss with the Koehler family once we provided the information. I don't know if I will get the information on costs from Quality Well and Pump by tomorrow sometime or not but will send an updated letter and agreement if we do. I wanted to send over what we have been working on with them to date. Regards, J.C. J.C. York, P.E. J&T Consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton, CO 80621 Office: (303) 857-6222 Mobile: (970) 222-9530 FAX: (303) 857-6224 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, 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 Attachment 1: Robert Francis Agreement Letter 3.16.2020 Attachment 2: Francis Agreement Updated 3.16.2020 From: JC York <jcyork@j-tconsulting.com> Sent: Friday, May 8, 2020 7:13 AM To: Kim Ogle <kogle@weldgov.com> Cc: kahodgel@comcast.net Subject: Rocky Francis Communications 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 a screen shot of the text messages as Rocky does not have e-mail so wanted to keep you in the loop of our progress. 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: Screen shot image of text messages — R. Francis does not have email, IMG 1682 I ne red manbox is the right one that says 351 on the side a Thu, May 7, 8:23 AM rDoI you have an email address that we would be able to send information to you at? Thu, May 7, 9:39 AM No computer or social media etc. Just snail mail and text, face to face works good also. Ok thanks You raised alfalfa hay or was it grass alfalfa hay previously correct? Grass and alfalfa. Today 1:48 PM Can I drop off an updated agreement for you to review this afternoon? Do you want me to leave it in the mailbox? From: JC York <Jcyork@j-tconsulting corn> Sent. Tuesday, May 19, 2020 4 34 PM To: Kim Ogle <kogle@weldgov corn> Subject. RE Text Message Communications with Rocky Francis !'"Caution This email originated from outside of Weld County Government Do` not click links or open/attachments unless you ii recognize the sender -and know the content is safe -- ` _ , - u = Kim — These are two images of text messages back from Rocky Francis that indicate he will not be signing the agreement provided to him and did not provide comments back to us either 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. JC York Sent: Tuesday, May 19, 2020 9 27 AM To: Kim Ogle <kogle@weldgov corn> Subject. Text Message Communications with Rocky Francis Kim — Here is a screen shot of my communications with Rocky on the agreement 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 'Attachment 1 Rocky Francis Screen shot — Message 1 Attachment 2 Rocky Francis Screen shot — Message 2 VUdy t2. 1O HIVI Rocky did you have a chance to review the agreement that I dropped off? Today 10:34 AM I'm right in the middle of formulating a response to the paperwork, and taking in mind the actions experienced by my manager from kodge concerning water and misc displays of hostility towards myself and manager affirms your position. These actions are a precursor to Future actions by Broken Arrow and Kelly Hodge question I'm sure they will find a place on a piece of paper that I am formulating to the board of County Commissioners this is an ongoing display of what live encountered and have endured the same responsive inabilities to corrective actions with hodge for the Last 5 Years concerning water rights the ability to use clean water and problems with the F, -‘ V 17,7- ■ ' ■ No VO \A V"' V' WIV V v I V' ,1-117-7-"'t"l^U ^' V M U • i/ "'i I T� V _ II will find a place on a piece of paper that I am,formulating to the board of County Commissioners this is an ongoing display of what li've encountered and haveenduredthe same responsiveinabilitiesto corrective actions with hedge for the Last 5 Years concerning water rights the ability to use clean water andproblems with the hydrological stratium or, the eluvium. If the tables were turned Hodge would be incensed beyond belief. - Mr. York, since qualitywell works we're here last week it's too early to make a call on the status of the groundwater levels or usability so at this juncture I'm going to say I am in a negative position as to your referendum B I regret my decision but,I am going to live with it if you have any further questions or comments give me a phone call I'm human From: JC York <Jcyork@J-tconsulting corn> Sent: Tuesday, May 19, 2020 9 27 AM To. Kim Ogle <kogle@weldgov corn> Subject. Text Message Communications with Rocky Francis Caution This email originated from outside of Weld Counn.nty Government Do not click links or open attachments unlesyou s recognize the sender and know the content is safe _ Kim — Here is a screen shot of my communications with Rocky on the agreement 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 Attachment 1 Rocky Francis Communications 5 19 2020 File Screen Shot VVUI ICJ y UVU dIU. rOk thanks You raised alfalfa hay or was it grass alfalfa hay previously correct? 1 Grass and alfalfa. Friday 1:48 PM Can I drop off an updated agreement for you to review this afternoon? Do you want me to leave it in the mailbox? Friday 3:13 PM What ever place you want is OK with me J.C Today 9:15 AM Rocky did you have a chance tom review the agreement that I dropped off? From: JC York <jcyork@j-tconsulting.com> Sent: Wednesday, May 20, 2020 12:08 PM To: Kim Ogle <kogle@weldgov.com> Cc: kahodgel@comcast.net Subject: Rocky Francis Agreement 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 summary letter and agreement we provided to Rocky to review, that he indicated he would not sign and also did not provide comments as to how to come to a solution. This agreement was updated to include the crop damage as discussed at the BOCC meeting on May 6t". I provided Rocky's text comments in a previous e-mail to you as well as information we received back from Quality Well and Pump for the amounts paid to Quality Well and Pump for the repairs and drilling (they are holding the checks for now) that Rocky told them not to accept. Regards, J.C. J.C. York, P.E. J&T Consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton, CO 80621 Office: (303) 857-6222 Mobile: (970) 222-9530 FAX: (303) 857-6224 Attachment 1: Rocky Francis Agreement letter 5.15.2020 Attachment 2: Rocky Francis Agreement Updated 5.15.2020 From: JC York ycyork@j-tconsulting corn> Sent: Tuesday, May 19, 2020 4 30 PM To: Kim Ogle <kogle@weldgov corn> Subject: FW Robert "Rocky" Francis - Mill Iron Checks 14929-14928-14927 Caution This email originated from outside of Weld County Government 'Do not click links or open attachments unless you 1 recognize the sender and know the content is safe Kim — FYI, Kelly went and paid for the amounts we proposed in our agreement to Rocky Rocky sent a text message to me today that I will send in a separate e-mail but it appears unlikely that he will sign the agreement or provide comments back to us Kristie sent this over earlier this afternoon Wanted to send over for your reference 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 1 From. Kristie Davis <Kristie@qualitywellandpump corn> Sent: Tuesday, May 19, 2020 2 54 PM To. JC York <Icyork@i-tconsulting corn> Cc: Skip Chubb <skipc@qualitywellandpump corn> Subject. Robert "Rocky" Francis - Mill Iron Checks 14929-14928-14927 JC, Attached please find copies of the 3 checks dropped off by Kelly Hodge, in our conversation you confirmed that these funds were to be applied to work being performed, water well rehabilitation and replacement, for Rocky Francis I reached out to Mr Francis today to inform him of the receipt of funds from Mill Iron Mining LLC and he informed me that he did not want us to accept any funds on his behalf, therefore I will not be processing these checks Also in our conversation you asked that I retain the checks in our office until further instructions, I will store these checks in a secure location on our premises until we receive instruction from you on what to do with them Please contact our office with any questions or concerns Sincerely, Kristie Davis Quality Well and Pump 39525 US Hwy 85 Ault, CO 80610 Phone: (970)353-3118 Fax: (970)284-6445 bristie@qualitywellandpump.com Qualitywellandpump.com Lic# 1461 Quality Well & Pump This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Attachment 1 Mill Iron Mining LLC Company Check No s 14927, 14928, 14929 to Quality Well and Pump EXHIBIT *44 ji 2TZS \Ag\s-Oa -KA. From: JC York <jcyork@j-tconsulting.com> Sent: Wednesday, May 13, 2020 8:57 AM To: Kim Ogle <kogle@weldgov.com> Subject: FW: Derr Pit Information 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. FYI From: JC York Sent: Wednesday, May 13, 2020 8:57 AM To: mbick7077@outlook.com Cc: kahodgel@comcast.net Subject: Derr Pit Information Mel — We are putting together the technical revision for the Derr Pit to be submitted to the DRMS. We are working on getting things put together for the agreement and wanted to get some additional information from you. 1. Please provide information on the existing contracts you have for the tenant farmer/land owner for all the folks that you are representing. We are assuming this is Koehler and Winters/Hoffner. We would like to have one agreement that covers the folks you represent. 2. Please provide the last 3 to 5 years crop data on for these farms. We are using data from the CSU Extension and Colorado Ag Statistics for crop yields. Regards, J.C. J.C. York, P.E. J&T Consulting, Inc. 305 Denver Avenue. Suite D Fort Lupton, CO 80621 Office: (303) 857-6222 Mobile: (970) 222-9530 FAX: (303) 857-6224 EXHIBIT b 3 a A 3 May 20, 2020 Weld County Planning Attn: Kim Ogle 1555 North 17th Ave. Greeley, CO 80631 1111v►SQW o6 -(boo RE: 2MUSR19-08-1660 Derr Pit Mr. Ogle: My property address is 605 Cherry Ave. Greeley CO 80631. My property shares a west and north fence line with the Derr gravel Pit. There are damages to my north and west fences from the mining operation. My domestic well has run out of water. Quality Well and Pump lowered my pump in 2014 because it was running out of water. I had water in the well until 2016 when it went dry again. I object to the Amendment to the Derr Pit! Regards, Jeanette Snow 1 LII May 19, 2020 J&T Consulting, Inc. Mr. Eric Scott Environmental Protection Specialist State of Colorado Division of Reclamation, Mining, & Safety 1313 Sherman Street — Room 215 Denver, CO 80203 RE: Broken Arrow Investments, LLC — Derr Pit — Technical Revision No. 5 Request File No. M-2008-017 Dear Mr. Scott, Broken Arrow Investments.. LLC requests a technical revision to their existing permit to address the following items: 1. Exhibit S: Revision of the existing permit to reflect additional structures within 200 feet of the permit boundary. 2. Mitigation for Permitted Wells: Revision of the existing permit to reflect that mitigation for permitted wells outside the State Engineer's Requirement of 600 feet for impacts caused by dewatering. 3. Identification of wells outside the Derr Pit used for Monitoring: Revision of the existing permit to reflect the location of existing wells outside the permit boundary that are being monitored. This will include agreements with land owners, monthly monitoring to be provided to DRMS and landowners. 4. Trigger Point for Groundwater Elevation Change: Revision of the existing permit to reflect a 2 (two) foot change. A detailed description of the revision is below: Exhibit S: Revision of the existing permit to reflect additional structures within 200 feet of the permit boundary. There are some structures listed below with different surrounding property owners that should be included that were not listed previously within 200 feet of the permit boundary. Owner: Hoshiko Land, LLC Additional Structure: Irrigation Well Owner: Dixie Ann Hoffner and Jerry D. Winters Additional Structure: Irrigation Well Owner: James Koehler Revocable Trust Additional Structure: Domestic Well and Stock Well • VI 305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 M-2008-017 — Broken Arrow Investments, LLC — Derr Pit — Technical Revision Request No 5 May 19. 2020 2 Owner: Silvia Parker Additional Structure: Domestic Well Mitigation for Permitted Wells: Revision of the existing permit to reflect that mitigation for permitted wells outside the State Engineer's Requirement of 600 feet for impacts caused by dewatering. The mitigation for permitted wells outside the State Engineer's requirement of 600 feet for impacts caused by dewatering at the Derr Pit. Broken Arrow Investments, LLC understands that if impacts to permitted wells outside the 600 feet boundary that are proven to be affected by dewatering at the Derr Pit then Broken Arrow Investments, LLC would be required to mitigate the impacts. Broken Arrow Investments, LLC has entered into agreements with land owners and executed agreements are included in the attachments. There are other agreements that are pending that will be provided as soon as they are executed. Identification of wells outside the Derr Pit used for Monitoring: Revision of the existing permit to reflect the location of existing wells outside the permit boundary that are being monitored. This will include agreements with land owners, monthly monitoring to be provided to DRMS and landowners. Broken Arrow Investments, LLC has performed monitoring of wells on surrounding land owner properties and has obtained verbal agreements to do so. There are also written agreements that have been executed and other agreements that are pending and will be provided as soon as they are executed. A map of the well locations is provided and was also included in the groundwater model that was provided previously. Broken Arrow Investments, LLC will provide the monthly monitoring to the surrounding land owners who have wells being monitored as well as to the DRMS. The data has been provided to the DRMS for the previous readings up to April 2020. Trigger Point for Groundwater Elevation Change: Revision of the existing permit to reflect a 2 (two) foot change. Broken Arrow Investments, LLC would like to update the current trigger point of 3 (three) feet of difference in groundwater levels to 2 (two) feet. If the trigger point has been reached for two consecutive months then a report and mitigation plan will be sent to the surrounding land owners that are affected and to the DRMS. Broken Arrow Investments, LLC is planning to start construction on the slurry wall for the Phase 1-4 mining area as soon as there is approval from Weld County on the USR amendment. This will be a mitigation measure to the dewatering so that the area can be sealed where dewatering would no longer affect the surrounding land owners. Other mitigation measures that may be necessary would be recharging to the north of Phase 1-4 area. Recharge has occurred to the south of the Phase 1-4 area. If the recharging is not effective Broken Arrow Investments, LLC would work 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). Currently this has been performed for the domestic wells owned by Dianna Taylor (executed agreement attached) and Brian Murata (pending agreement). Broken Arrow Investments, LLC has pending agreements with Koehler, Winters/Hoffner, and Francis that have not been executed. Ms. Sylvia Parker has also executed an agreement and her domestic well is being monitored and is functioning properly. If the methods mentioned above 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 for domestic use would be explored. 305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 M-2008-017 — Broken Arrow Investments, LLC — Derr Pit — Technical Revision Request No 5 May 19, 2020 -3- Please feel free to contact me with any questions or comments. Sincerely, e• J.C. York, P.E. J&T Consulting, Inc. Attachments: $216 Check for Technical Revision review fee Well Monitoring Map for Surrounding Land Owners Executed Land Owner Agreements Quality Well and Pump Invoices Paid by Broken Arrow Investments, LLC cc: Broken Arrow Investments, LLC File VI 305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 _i_alembri,it i* Land Owner Wells Monitoring Locations at Land Owner Wells Outside Derr Pit mow- IIIPW Legend e• - lk• VS 3y !II' b.*. R a oases 'Intram,k age a vs 'Lc Sew 'RN 4 .*" a S. +, a Ar - `l , i 142. .c 1 Bliss Field Well aT", »aAIs r Ho ne r #2 sies 2000 ft DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this er day of , 2020 by and between Broken An ow Investments, LLC ("BAI"). whose addiess is 801 8th Street, Suite 130, Greeley, Colorado 80631, Loloff Construction, Inc ('`Loloff'), whose address is 801 8th Street, Suite 130, Gieeley, Colorado 80631, Global Asset Recoveiy, LLC ("GAR"), whose addiess is 6530 Constitution Dr , Foil Wayne, Indiana 46804, and Diana Taylor whose address is 665 Balsam Avenue, Greeley, Colorado 80631 ("Taylor") (collectively, the "Parties") RECITALS 1 GAR owns the Derr Sand and Giavel Pit ("Den Pit") located at 590 North Balsam Avenue in Weld County, Coloiado BAI operates the Den Pit as an active sand and gravel mine under Permit No DRMS M-2008-017, issued by the Coloiado Division of Reclamation. Muung, 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 iefeired 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 foi 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 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 Septembei 11, 2019 foi 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 Taylor owns Parcel No 096104301009 at 665 Balsam Avenue ("Property"), which lies south and west of the Amendment Area North Weld County Water District provides potable water service to the Property 6 Taylor has opposed BAI's efforts to amend the USR Permit, 2MJUSRI9-08-1660, in oral testimony before the Weld County Board of County Commissioners and in letters submitted to Weld County and entered into the record for the USR permit amendment proceedings 7 Taylor's opposition to the USR Permit amendment is primarily, though not exclusively, based on its belief that existing mining operations at the Loloff and 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 Tayloi's concerns, BAI has researched the Taylor well to identify potential impacts from past Loloff and Den mining operations and hired a groundwater engineer to study the impacts fiom current and planned mining operations BAI has shared the results of the research and study with Tayloi 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 I. 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, 2MJUSR19-08-1660, 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 BAI's efforts to obtain final authorization from Weld County to expand its mining operations into the Amendment Area II. Identification of Concerns Tayloi identifies the following concerns as the basis for its objection to the Derr Pit expansion A Noise Tayloi has concerns about noise that will be generated by operations B Dust Taylor has concerns about dust that will be generated by operations C Traffic 2 Taylor has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles. D. Water Well Taylor has one well on Parcel No. 096104301009 (domestic) that l aylor 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 Den and Loloff Pits. III. Obligations of the Parties To fully and completely address Taylor's concerns regarding BAI's and Loloff s past and planned mining operations; to allow Taylor to withdraw its objections to BAI's efforts to amend the I J S R Permit 2MJUS R 19-08-1660; 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. 2 MJUS R 19-08-1660, 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. 3 b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air Pollution Control Division permits foi 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 2MJUSRI9-08-1660, State laws, and local ordinances BAI will ensure that diivers servicing the Deir Pit utilize only designated haul routes b Loloff will comply with all applicable tiaffic requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff will ensure that diivers servicing the Loloff Pit utilize only designated haul ioutes 4 Water Well a BAI shall continue to pay the monthly North Weld County Water District water bill for the Property b BAI shall perfoim monthly monitoring on the Tayloi well that Taylor continues to operate after execution of this Agreement, provided Taylor giants access to do so in accordance with Paiagiaph III B 3 hereof Such monitoring shall consist of measuring the static water level in the well BAI shall send the monitoring results to Tayloi each month by certified mail c If monthly monitoring shows that the water level in the existing domestic well on the Property gets to a level where pumping is no longer possible, BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to check the pump in the affected well and repair to allow continued production During the time the well is out of service BAI would continue to pay the North Weld Water District water bill and assist with plumbing changes to make the potable water available for the domestic well irrigation 5 Tiees 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 1. 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. 2. Taylor shall fully consent to and support BA1's efforts to gain governmental approval to expand mining operations into the Amendment Area. Taylor shall not, to a Government Authority or otherwise, protest, condition, delay, prevent, or oppose in any way such efforts by BAI, or encourage or facilitate others to do so. As used in this Agreement, "Government Authority" includes the Weld County Board of County Commissioners, and any other federal, state. or local entity with authority to authorize, regulate, police, or oversee BAI's mining operations. 3. For the Term of this Agreement, Taylor shall provide BAI representatives access to the Taylor well during reasonable business hours to perform the monitoring required under Subparagraph 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 kahodge 1 ukcomcast.net 970-566-5090 IV. Conditions Precedent A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs II1.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 5 throughout its Term so long as Tayloi provides access to the well as specified in Paragraph III B 3 of this Agieement V. No Admissions By entering this Agieement, 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 Agieement 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 teimmate with the release of the reclamation bond for that pit VII. Preservation of Future Claims Nothing in this Agreement is intended to prevent Taylor fiom asserting futuie claims regarding the Tayloi 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 Den Pits occurring after execution of this Agreement, and that Tayloi has provided continuous access foi 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 foi any action to enforce the terms, or arising from the breach, of this Agieement is in Weld County, Coloiado 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, of to exercise any of its rights, shall not waive such term, covenant, condition, or right with respect to futuie performance C Partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing foice and effect of any other piovision 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 mannei E This Agreement constitutes the entire agreement of the Panties iegaiding the subject matter heieof and supersedes all prior negotiations, understandings, conversations, con espondence, 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 nor he 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, J , • BY: TITLE: LOLOFF CONSTRUCTION, INC. BY: TITLE: GLOBAL ASSETS REC • ' RY. LLC BY: Tve4{7 a AX,„ TITLE: //4 Cil r ,. Diana Taylor BY: TITLE: P.\07123 Derr Gravel Pdt`Drawnngs\Exhibits\JT-Overall Permits Exhibit dwg Permits, 1/30/2020 2 35 47 PM DERR PIT AMENDMENT 800 400 0 800 SCALE IN FEET I JET Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton. CO 80621 303-857-6222 Broken Arrow Investments Derr Pit Permit Boundaries 1 Th It ✓CAIC.:. Meet: 1 Of: 1 Exhibit B Sample Letter to Weld County Board of County Commissioners 9 Ms. Barbara Kirkmeyer Board ofCounty n ty Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 bkirkmev er'itweldgov.com RE: 2MJUSR 19-08-1660 -- Derr Sand and Gravel Mine Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Kirkmeyer: Via Email This letter is to formally withdraw my opposition to Broken Arrow Investments. LLC's ("BAI") application to amend Use by Special Review ("USR") Permit No. USR-1660 to allow expansion of the Derr Sand and Gravel Pit at 590 North Balsam Avenue. I had previously opposed this USR amendment in oral testimony before the Weld County Board of County Commissioners and in a written statement that was submitted to Weld County and entered into the record for the USR permit amendment proceedings. I have resolved my concerns regardint4. the mine expansion with BA 1 and related parties and now wish to withdraw my previous opposition. cc: Kim Ogle. Weld Count) Planning Services (via email) DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this `l day of /'YI��/2= , 2020 by and between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130, Greeley, Coloiado 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- 11 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 foi 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 requnes Weld County approval to expand operations into the Amendment Aiea 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, 2MTUSRI9-08-1660, 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 watei service to the Property 6 Parkei has opposed BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, in oral testimony befoie 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 primanly, 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 AN I) CONDITIONS I. 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 v‘ ithdraw its opposition to BAI's effbrts to amend the USR Permit, 2MJUSR 19-08-1660, 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 Den Pit expansion: A. Noise Parker has concerns about noise that will be generated by operations. B. Dust Parker has concerns about dust that will be generated by operations. C. Traffic Parker has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles. 2 D Water Well Parker has one well on Parcel No 096104200012 (domestic) that Parker believes could be impacted by the operations Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits IIII. Obligations of the Parties To fully and completely address Paikei's concerns iegarding BAI's and Loloff's past and planned mining operations, to allow Parker to withdraw its objections to BAI's efforts to amend the USR Permit 2MJUSR19-08-1660, and to facilitate BAI's expansion of operations into the Amendment Area, the Pai ties 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 oidinances BAI will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Deli 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 oidinances Loloff will further prohibit the use of compression release braking (Jake Blake) by vehicles servicing the Loloff Pit 2 Dust a BAI shall comply with all applicable dust iaim' ements 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 peimits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) fiom 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 oidinances Loloff shall also comply with its Coloiado Air Pollution Control Division permits for the Loloff Pit, which specifically address particulate emissions (dust) from the pit and associated mining equipment 3 3 Tiaffic a BAI will comply with all applicable traffic requirements contained in amended USR Peimit No 2MJUSRI9-08-1660, State laws, and local ordinances BAI will ensure that duvets 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 mom -toting 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 watei level in the well BAI shall send the monitoring results to Parker each month by certified mail b If monthly monitoring shows that the watei 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, hie Quality Well and Pump of La Salle, Coloiado to check the pump in the affected well and iepau to allow continued production During the time the well is out of service BAI would pay the North Weld Water District watei bill and assist with plumbing changes to make the potable water available for the domestic well =gallon 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 hei objections to BAI's efforts to amend the USR Peimit, 2MJUSR19-08-1660, to allow milling in the Amendment Area Parker's withdrawal letter shall be substantively similar to the draft letter contained in Exhibit B to this Agi eement 2 Parker shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment Area Paiker shall not, to a Government Authority or otherwise, protest, condition, delay, prevent, or oppose in any way such efforts by BAI, of encourage or facilitate others to do so As used in this Agieement, "Government Authority' includes the Weld County Board of County Commissioneis, and any other 4 federal, state, or local entity with authority to authorize, regulate, police, or oversee BAI's mining operations. 3. For the Term of this Agreement, Parker shall provide BAI representatives access to the Parker well during reasonable business hours to perform the monitoring required under Subparagraph 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 kahodge l idcomcast.net 970-566-5090 IV. Conditions Precedent Mr" 57C- `T8'`? A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs III.A.I . through 3. hereof, to t h e 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 I I I . l 3. 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 ni i ri i n`2 operations on the Parker well. VI. Term The Term of this Agreement shall be from its execution until DRMS releases the reclamation bonds on the Loloff and 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 pi event Paiker from asserting future claims regaidmg the Paiker 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/oi Derr Pits occurring after execution of this Agreement, and that Parker has provided continuous access for well monitoring as required in Paiagiaph III B 3 hereof VIII. General Provisions A This Agreement shall be construed according to the applicable laws of the State of Coloiado Proper venue foi any action to enforce the terms, or arising from the bleach, of this Agreement is in Weld County, Colorado B Failuie 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 perfoi mance C Partial oi complete invalidity of any one oi more provisions of this Agreement shall not affect the validity oi 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 Therefoie, this Agreement shall not be interpreted against any Party as the "diafter," but shall be construed in a neutral manner E This Agreement constitutes the entire agi cement of the Patties 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 oi 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 instiument to be duly executed on the date first written ab1ove BROKEN ARROW INVESTMENTS. LLC, 6 BY: TITLE: fie LOLOFF CONSTRUCTION, INC. BY: TITLE: GLOBAL ASSETS RECOVERY, LLC BY: TITLE: Silvia Parker BY: TITLE: A CI f P'07123 Derr Gravel Pit Drawings Exhibits\JT-Overall Permits Exhibit.dwg, Permits, 1/30/2020 2 35 47 PM LOLOFF PIT 305 Denver Avenue - Suite D Fort Lupton. CO 80621 303-857-6222 DERR PIT AMENDMENT DERR PIT 400 0 800 SCALE IN FEET Broken Arrow Investments Derr Pit Permit Boundaries sob No: 07123 gown: TPY Scale: 1' "=600 Exhibit 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 bk i rkmeyercy v e ldgov .cam RE: 2MJUSR19-08-1660 U S R 19-08-1660 -- Derr Sand and Gravel Mine Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Kirkmeyer: Via Email I his letter is to iornial I) « ithdraw my opposition to Broken Arrow Investments, LLC's ("BAI") application to amend l Ise 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 testimon\ 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) 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 # 10/24/2019 10/24/2019 I 2019-4753 Please check box it -address is incorrect or has changed, and indicate change(s) on reverse side. New e-mail address? Enter here: _ QUALITY WELL AND PUMP 970-566-50 Balance Due 5106.05 a SS a a a a a a a a a a ...• a s a Sae - PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT. Qty 10 1 1 1 0.5 9 Backordered 0 0 0 0 0 Item TM07540 TM435007 L2610913 TM449007 10 MI -10 P.O. No. 21 1 N BALSAM ... Terms COD Project Description SERVICE ORDERED BY JC YORK WITH J & T CONSULTING, REQUESTED WE ADD A DRAW DOWN TUBE TO EXISTING WELL HEAD FOR EASY ACCESS TO OBTAIN STATIC WATER LEVEL PVC PIPE SCH40 .75" PVC SCH40 FEMALE ADAPTER .75" CLAMP,HOSE,WORM DRIVE,SIZE#24 PVC SCH40 PLUG SLIP .75" DOMESTIC SERVICE, HOURLY RATE MILEAGE - DOMESTIC Sales Tax KDD Unit Price 0.64 1.07 1.49 1.92 137.50 2.85 7.01% Amount 6.40 1.07 1.49 1.92 68.75 25.65 0.77 Total $106.05 Payments/Credits $0.00 Balance Due $106.05 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.S% per month (18%APR) applied to all past due amounts after deducting current payments/credits. Customer Signature: 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 # 10/24/2019 10/24/2019 2019-4754 Please check box if address is incorrect or has changed, and indicate change(s) on reverse side. New e-mail address? Enter here: QUALITY WELL AND PUMP Qty 1 1 1 2.75 8 Backordered 0 0 0 0 Item TM 585030 TM541012 TM506012 10 MI -10 970-566-50 Balance Due i S437.29 PLEASE DETACH AND RFTI R\ I OP FUR i IU.N `V1 1111 1 t)( K PA1 \1F -A I P.O. No. 701 BALSAM AVE Terms COD Project Description SERVICE ORDERED BY JC YORK WITH J & T CONSULTING, 10/11/2019 REQUESTED EXISTING WATER WELL BE INSPECTED AND FLOW TEST TO DETERMINE ACTUAL PRODUCTION 10/17/2019 TRAVELED TO LOCATION STATIC WATER LEVEL UPON ARRIVING 15' PULLED FOOT VALVE SET AT 20" - TOTAL DEPTH OF WELL 44', INSTALLED TEST PUMPING EQUIPMENT TO A DEPTH OF 43, PERFORMED PRODUCTION TEST WELL WELL PRODUCED 18 GPM FROM A STABILIZED PUMPING DEPTH OF 23' FOR 1 HOUR OF CONTINUOUS PUMPING, REDUCED PRODUCTION LEVEL TO 20' TO MATCH FOOT VALVE SET DEPTH - WELL PRODUCING 13 GPM FROM 20' GALV NIPPLE 1.25" X 3" GALV UNION 1.25" GALV ELL 90 1.25" DOMESTIC SERVICE, HOURLY RATE MILEAGE - DOMESTIC Sales Tax Rep KDD Unit Price 4.37 21.49 8.11 137.50 2.85 7.01% Amount 4.37 21.49 8.11 378.13 22.80 2.39 Total $437.29 Payments/Credits $0.00 Balance Due $437.29 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: 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 # 10/24/2019 10/24/2019 2019-4755 Please check box if address is incorrect or has changed, and indicate change( s on reverse side. New e-mail address? Enter here: as QUALITY WELL AND PUMP 5 8 Backordered 0 10 MI -10 I'I FAS' IA I 970-566-50 Balance Due S710.31) �( II ANDRE It RN IOP PORI ION 1\ 1 I H 1 tit k \1LL\ I . P.O. No. 351 E 8TH Terms COD Description Project Rep SERVICE ORDERED BY JC YORK WITH J & T CONSULTING, 10/11/2019, REQUESTED WELL INSPECTION AND PRODUCTION TEST ON EXISTING WELL LOCATED AT 351 E 8TH STREET, GREELEY CO 10/17/2019 TRAVELED TO LOCATION, STATIC WATER LEVEL UPON ARRIVAL 15' ATTEMPTED TO PULL EXISTING PUMP FROM WELL, PUMP HAD RUSTED OFF OF THE DROP PIPE, WE WERE ABLE TO RETRIEVE THE DROP PIPE BUT PUMP IS STILL IN THE WELL - INSTALLED PRODUCTION TEST EQUIPMENT IN WELL JUST ABOVE LOST PUMP AT 34' - WELL PRODUCED 15 GPM FROM A STABILIZED PUMPING DEPTH OF 31' FOR AN HOUR OF CONTINUOUS PUMPING - CUSTOMER WILL ADVISE IF THEY WOULD LIKE US TO ATTEMPT TO RETRIEVE PUMP FROM WELL DOMESTIC SERVICE, HOURLY RATE MILEAGE - DOMESTIC Sales Tax KDD Unit Price 137.50 2.85 7.01% Amount 687.50 22.80 0.00 Total $710.30 Payments/Credits $0.00 Balance Due S710.30 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: Phone # Fax # Bill To QUALITY WELL AND PUMP PO BOX 577 GREELEY, CO 80632 9703533118 970-284-6445 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: QUALITY WELL AND PUMP PO BOX 577 970-566-50 Balance Due PI I. 1SF 1)FT NCH AN1.) RE'l l_'RN TOP PORTION WITH VOL:R PAYMENT. CO 80632 P.O. No. Project J Rep GREELEY, Terms COD Qty Backordered Item Description Unit Price Amount TAYLOR GREELEY RESIDENCE CO - 701 BALSAM AVE, 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 PUMP AND INSTALLED JET 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 TM 15FA0SS4... FPS TRI .S0HP 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 TM U140 140 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: Phone # Fax # Bill To QUALITY WELL AND PUMP PO BOX 577 GREELEY, CO 80632 9703533118 970-284-6445 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: —aSe QUALITY WELL AND PUMP PO BOX 577 970-566-50 Balance Due S2,467.02 00 000•110.°00 See ORS adll01004WitS0111 OD din 0 ........ 0 PI EASE I)FTAC11 AND RETURN TOP PORTION WITH YOUR PAYMENT. CO 80632 P.O. No. Project J Rep GREELEY, Terms COD Qty Backordered Item Description Unit Price Amount 1 2 2 2.5 2 8 0 0 0 0 TM650001 TMWIRAP100... TMU260 10 BRASS PLUG 1/8" 137.50 137.50 3.10 2.28 31.58 2.85 3.10 4.56 63.16 343.75 275.00 22.80 AQUA FOOT SHARK DOMESTIC REPLACEMENT DOMESTIC REDEVELOPMENT OVERPUMPING PEX BITE TUBING SERVICE, SERVICE, 90DEG OF 1" ELBOW HOURLY HOURLY WELL SHARK 1" - BITE PER PUMP RATE, RATE, 10 MI -10 MILEAGE Sales Tax - DOMESTIC 51.45 Total $2,467.02 Payments/Credits Balance Due $0.00 $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: Phone # Fax # Bill To QUALITY WELL AND PUMP PO BOX 577 GREELEY, CO 80632 9703533118 970-284-6445 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: QUALITY WELL AND PUMP PO BOX 577 970-566-50 Balance Due S589.35 a a a a a a a a a a a a a a a a a a a a a a a PI I ASE DI T \Cil AN!) kl=."fl RN TOP PORTION WITH YO1;R PAYMENT. P.O. No. Terms Project J Rep GREELEY, CO 80632 COD Qty Backordered Item Description Unit Price Amount 29485 SERVICE 970-222-9530, PUMP CHERRY LOCATED ORDERED 12/20/2019 AVE, AT BY 29485 GREELEY JC YORK CHERRY REQUESTED CO AVE BE LOWERED TO A SET DEPTH OF 70' - RAN SYSTEM TO ENSURE PROPER FUNCTION AND PUMP PUMPING OBTAIN PRODUCED LEVEL PUMP OF 25 PRODUCTION 55' GPM FROM A PVC PIPE SCH80 DROP PIPE 1.25" 27.26 17.30 30.15 TM 12580 0 0 0 1.81733 17.30 2.01 15 15 1 1 1 CPLG DROP PIPE 1.25" SS TMSS670012 TM103GPJ5/10 WIRE 10/3 SUB CABLE 0 75.00 S10 -SALES 75.00 MISC COMPONENTS PIPE, FITTINGS AND ELECTRICAL 137.50 137.50 10 DOMESTIC SERVICE, HOURLY RATE - INCREASING SET DEPTH 275.00 137.50 10 2 DOMESTIC REDEVELOPMENT SERVICE, HOURLY - OVERPJMPING RATE - 2.85 22.80 8 0 MI -10 MILEAGE - DOMESTIC 2.90% 4.34 Sales Tax 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°/0 per month (18%APR) applied to all past due amounts after deducting current payments/credits. Customer Signature: JC York From: Kristie Davis <Kristie@qualitywellandpump.com> Sent: Tuesday, May 19, 2020 2:54 PM To: JC York Cc: Skip Chubb Subject: Robert "Rocky" Francis - Mill Iron Checks 14929-14928-14927 Attachments: SKM_C284e20051914470.pdf JC, Attached please find copies of the 3 checks dropped off by Kelly Hodge, in our conversation you confirmed that these funds were to be applied to work being performed, water well rehabilitation and replacement, for Rocky Francis. I reached out to Mr. Francis today to inform him of the receipt of funds from Mill Iron Mining LLC and he informed me that he did not want us to accept any funds on his behalf, therefore I will not be processing these checks. Also in our conversation you asked that I retain the checks in our office until further instructions, I will store these checks in a secure location on our premises until we receive instruction from you on what to do with them. Please contact our office with any questions or concerns. Sincerely, Kristie Davis Quality Well and Pump 39525 US Hwy 85 Ault, CO 80610 Phone: (970)353-3118 Fax: (970)284-6445 kristie@qualitywellandpump.com Qualitywellandpump.com Lic# 1461 Quality Well & Pump This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. 1 rvs Mill Iron Mining, LLC. 801 8th Street #130 Greeley, CO 80631 970-301-4292 PAY TO THE ORDER OF Quality Well and Pump Independent Bank 88.1632/1119 5/13/2020 **9,886 86 Nine Thousand Eight Hundred Eighty -Six and 86/100******************************************************************** MEMO Quality Well and Pump P O Box 577 Greeley, CO 80632 ATURE LOLOFF CONSTRUCTION MITIGATION- FRANCI II' O L t, 9 2 9 Mill Iron Mining, LLC. Quality Well and Pump Date Type Reference 5/13/2020 Bill E 19-718 14929 x U Ct C O i O 0 m Ct DOLLARS U d U) 6 14929 5/13/2020 Original Amt Balance Due Discount Payment 9.886 86 9.886 86 9.886 86 Check Amount 9.886 86 w Mill Iron Mining, LLC. 801 8th Street #130 Greeley, CO 80631 970-301.4292 PAY TO T H E ORDER OF Quality Well and Pump Nine Thousand Eight Hundred Eighty -Six and 86/100 MEMO Quality Well and Pump P O Box 577 Greeley. CO 80632 * Independent Bank 88-1632/1119 6=,-. 5/13/2020 **9,886 86 ******************************************************************** LOLOFF CONSTRUCTION MITIGATION - FRANCI OO L t. 9 280 l' Mill Iron Mining, LLC. Quality Well and Pump Date Type Reference 5/13/2020 Bill E19 -718B 14928 2 c O M m 0 N m DOLLARS r I 14928 5/13/2020 Original Amt Balance Due Discount Payment 9,886 86 9,886 86 9,886 86 Check Amount 9 886 86 Pots PAY TO THE ORDER OF Mill Iron Mining, LLC. 801 8th Street #130 Greeley. CO 80631 970-301-4292 Quality Well and Pump Nineteen Thousand Three Hundred Forty -Six and 05/100 Quality Well and Pump P O Box 577 Greeley CO 80632 Independent Bank 88-1632/1119 14927 ?runt) 5/13/2020 **19 346 05 ************************,************************************** MEMO LOLOFF CONSTRUCTION/BROKEN ARROW MITI "I0LLI92?11' Mill Iron Mining, LLC. Quality Well and Pump Date Type Reference 5/13/2020 Bill 30562 D C O Pr-) co o DOLLARS a- U a) 14927 5/13/2020 Original Amt Balance Due Discount Payment 19,346 05 19,346 05 19,346 05 Check Amount 19 346 05 From: JC York <jcyork@j-tconsulting.com> Sent: Saturday, May 23, 2020 6:56 AM To: Kim Ogle <kogle@weldgov.com> Subject: FW: Agreement Revised 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 — More correspondence. Regards, J.C. J.C. York, P.E. J&T Consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton. CO 80621 From: Melvin Bickling <mbick7077@outlook.com> Sent: Saturday, May 23, 2020 5:27 AM To: JC York <jcyork@e—tconsulting.com> Cc: Jody Jones (Jody. ones04@gmail.com) <jody.iones04@gmail.com>; Lulu <janetkbrown52@gmail.com>; kahodgel@comcast.net Subject: Re: Agreement Revised JC I understand this about the slurry wall from your diagram. I was going off of what Kelly Hodge said that the water on the Loloff Pit was flowing over the top of the slurry wall on the north end. If the slurry wall was at the ground surface then the water would not flow over the slurry wall as stated by Kelly Hodge, Bottom line we want our ground water levels back to the pre-dewatering of the Loloff Pit. Quality Well and Pump measured the ground water at 40.5 feet in 2012 for the Koehler Irrigation Well. We have lined out the concerns and changes for the settlement agreements for Koehler and Winters/Hoffner. They will review for final comments and changes and should be able to send to you soon. We do not have the expertise for redlining. Regards Mel Bickling From: JC York <jcyork@-tconsulting corn> Sent. Friday, May 22, 2020 4 55 PM To. mbick7077@outlook corn <mbick7077@outlook corn> Cc• Jody Jones (iody iones04@gmail coin) <iody iones04@gmail corn>, Lulu <ianetkbrown52@gmail corn>, kahodgel@comcast net <kahodgel@comcast net> Subject. RE Agreement Revised Mel — In my previous e-mail this morning I stated that the technical revision request had been sent into the DRMS I stated the following in my previous e-mail regarding the review and approval "I spoke to Eric this morning and he indicated they would review as soon as they have the check documented from their mail room folks The approval will likely be corning next week and Eric indicated he didn't think there would be any issues approving " Checking the DRMS website is fine but they may not have scanned into the Laserfiche yet if the hard copy is in the State mail room and has not been delivered to the DRMS office For the well repair work this is covered in the agreement on page 4 part 4 a The issues with the well and/or well repair are covered on page 5 part 4 b iii Quality Well and Pump is also providing a two year warranty You are incorrect on the slurry wall height The liner system for this pit is a slurry wall and is planned to be constructed from the surface level and keyed into bedrock Where the slurry wall can be constructed by using an appropriate sized excavator to reach depths to bedrock from the surface and at locations where the slurry wall is constructed by benching down in order for the excavator to reach and key into bedrock After benching section is completed then the bench is backfilled with either a clay compacted liner to tie the two types of lining together to reach the surface or by backfilling with gravel soils and digging back into the top of the bench to extend the slurry wall to the surface This is the only way that the proposed reservoir and liner system can be constructed in order to pass the State Engineer's required, leak test to be approved as a lined storage vessel I have attached the mining plan that was submitted to the DRMS that clearly shows the slurry wall going to top of the pit surface that is labeled as existing ground 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: JC York <jcyork@j-tconsulting corn> Sent. Friday, May 22, 2020 5 26 PM To: Kim Ogle <kogle@weldgov corn> Subject. FW Agreement Revised fJ 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 FYI more correspondence with Mel Bickling and Koehlers From: JC York Sent: Friday, May 22, 2020 4 55 PM To: mbick7077@outlook corn Cc- Jody Jones (Jody Jones04@gmail corn) <lody iones04@gmail com>, Lulu <Janetkbrown52@gmail corn>,'kahodgel@comcast net' <kahodgel@comcast net> Subject: RE Agreement Revised Mel — In my previous e-mail this morning I stated that the technical revision request had been sent into the DRMS I stated the following in my previous e-mail regarding the review and approval "I spoke to Eric this morning and he indicated they would review as soon as they have the check documented from their mail room folks The approval will likely be coming next week and Eric indicated he didn't think there would be any issues approving " Checking the DRMS website is fine but they may not have scanned into the Laserfiche yet if the hard copy is in the State mail room and has not been delivered to the DRMS office For the well repair work this is covered in the agreement on page 4 part 4 a The issues with the well and/or well repair are covered on page 5 part 4 b iii Quality Well and Pump is also providing a two year warranty You are incorrect on the slurry wall height The liner system for this pit is a slurry wall and is planned to be constructed from the surface level and keyed into bedrock Where the slurry wall can be constructed by using an appropriate sized excavator to reach depths to bedrock from the surface and at locations where the slurry wall is constructed by benching down in order for the excavator to reach and key into bedrock After benching section is completed then the bench is backfilled with either a clay compacted liner to tie the two types of lining together to reach the surface or by backfilling with gravel soils and digging back into the top of the bench to extend the slurry wall to the surface This is the only way that the proposed reservoir and liner system can be constructed in order to pass the State Engineer's required leak test to be approved as a lined storage vessel I have attached the mining plan that was submitted to the DRMS that clearly shows the slurry wall going to top of the pit surface that is labeled as existing ground 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: Melvin Bickling <mbick7077@outlook corn> Sent. Friday, May 22, 2020 1 58 PM ' To. Jody Jones <Jody Iones04@gmail corn>, JC York <Icyork@i-tconsulting corn> Cc. Lulu <lanetkbrown52@email corn>, kahodgel@comcast net Subject: Re Agreement Revised JC Have looked over the TR The TR has not arrived in the DRMS file as of last hour Does not appear that it has been reviewed or approved Just a couple of items that were not addressed 1 Koehler is requesting that there would be a 2 irrigation season guarantee on the well No one knows exactly for sure if the 2 stage pump will completely solve the problem with the Koehler Well 2 Have been working with Russ Means with the DRMS and we requested that the north wall of the Derr Pit Amendment be extended up to the 35 foot historical level Right now it appears \that the top of the slurry wall with be at the depleted level of 50 feet Spoke with Russ a couple of weeks ago and he was going to check this out for us to see if this is an option Regards Mel i From: Jody Jones <lody Iones04@gmail corn> Sent: Friday, May 22, 2020148 PM To: JC York <Icyork@J-tconsulting corn> Cc. mbick7077@outlook corn <mbick7077@outlook corn>, Lulu <lanetkbrown52@gmail corn>, kahodge1@comcast net <kahodgel@comcast net> Subject: Re Agreement Revised Hi JC In regard to the berm The 'working berm' is not what we want and not what we thought you meant the day we met at my dad's house We thought it was going to be all that we had previously agreed to with trees and irrigated grass but further south offof CR62 Now it sounds like something different altogether and not as far off of CR62 as you indicated that day For a berm that would be adjacent to CR62 could you send us the berm and landscape map you provided to Weld County for the specifics of that? Thanks On May 22, 2020, at 9 29 AM, JC York <Icyork@I-tconsulting corn> wrote Jody — We are attaching the technical revision request that was submitted earlier this week to Eric Scott at the DRMS I spoke to Eric this morning and he indicated they would review as soon as they have the check documented from their mail room folks The approval will likely be coming next week and Eric indicated he didn't think there would be any issues approving In regard to the berm we discussed a "working berm" to be placed in the areas that would be disturbed first in Phase 5a and placing it closer to the slope where mining would occur The "working berm" would be a dirt berm that would be seeded at such time there is not activity placing dirt but it would not be irrigated The location would be 200 feet or greater from the CR 62 ROW If that is not something you want then we would have the berm go in adjacent to the CR 62 ROW in front of the Koehler residence and will be phased to screen the areas that are adjacent and being mined The berm will be just as shown on the berm and landscape map provided to Weld County where the trees will have drip irrigation and the berm will be planted with native grass and temporary irrigation until the native grass is established Please let us know by noon today which option you would prefer If there are any other comments in regard to the agreement we would like to receive a redlined document so we may review and make changes so we can all come to finality on the agreement and get executed today if possible Kelly will be around until 3 30 to 4 00 PM today Regards, JC From: Jody Jones <iodv Iones04@gmail corn> _ Sent: Thursday, May 21, 2020 6 16 PM To: JC York <jcyork@J-tconsulting corn> Cc: Lulu <lanetkbrown52@gmail corn>, mbick7077@outlook corn, kahodgel <kahodgel@comcast net> Subject: Re Agreement Revised J C and Kelly Wanted to get back to you to let you know at this time we can't sign the Settlement Agreement without the DRMS-approved Technical Revision When do you expect that approval? One question with respect to the berm You have indicated it is going to be further south and off of County Road 62 aways but where exactly? During a meeting at my dad's house you said it would be about where the haystack is Can you tell me in terms of feet where that will be and it would be good to have that in the agreement Thanks On May 20, 2020, at 11 52 AM, JC York <Icyork@i-tconsulting corn> wrote Jim /Jody/Janet/ Mel — Attached is an updated agreement We have also submitted the technical revision to the DRMS to include wells in Exhibit S that were not previously listed, mitigation for permitted wells outside the 600 feet SEO requirement, identification of wells outside the Derr Pit used for monitoring, and the +/-2 trigger point for groundwater elevation change Please let us know if you have any comments or questions and when we could execute the agreement if you are ok with the information 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: Jody Jones <iodv Iones04@gmail corn> Sent. Tuesday, May 19, 2020 1 38 PM To. JC York <Icyork@I-tconsulting corn> Cc: kahodgel <kahodgel@comcast net>, Lulu <ianetkbrown52@gmail corn>, Melvin Bickling <mbick7077@outlook corn> , Subject: Re Agreement Revised Ok I'll just get an update from Melvin Sent from my iPhone On May 19, 2020, at 1 36 PM, JC York <icvork@i-tconsulting corn> wrote Yes just spoke with Mel Regards, JC JC York,PE 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. Jody Jones <Iody Iones04@gmail corn> Sent. Tuesday; May 19;2020 1 35 37 PM To: JC York <Icyork@I-tconsulting corn> Cc. kahodgel <kahodge1@comcast net>, Lulu <ianetkbrown52@gmail corn>, Melvin Bickling <mbick7077@outlook corn> Subject: Re Agreement Revised Yes May I call you at 2 00? Sent from my 'Phone On May 19, 2020, at 9 06 AM, JC York <Icyork@I-tconsulting corn> wrote Jim / Jody /Janet/ Mel — We are working on getting the separate agreements put together to send back to you Do you have time for a phone call to discuss the berm? 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: Jody Jones <Jody iones04@gmail corn> Sent: Sunday, May 17, 2020 159 PM To. JC York <Icyork@i-tconsulting corn>, kahodgel <kahodgel@comcast net> Cc: Lulu <lanetkbrown52@gmail corn>, Melvin Bickling <mbick7077@outlook corn> Subject: Fwd Agreement Revised J C and Kelly We received your revised agreement from Melvin on Friday, May 15, and Melvin, my dad, my sister and I met this weekend to review it First, we would very much like to reach an agreement with you before the next hearing on May 27, but we will not sign an agreement that contains Melvin Bickling's name Our family is the impacted landowner and the agreement needs to be between BAI and the James R Koehler Revocable Trust Melvin has served as our spokesperson due to my dad's declining health and he is a long time friend and neighbor who is helping us not only with reaching an agreement with you but many other things to help in caring for my dad and the farm He is not an 'authorized representative ' He is our spokesperson and friend Also, we do not want our neighbors Hoffner/Winter included in an agreement between BAI and our family as I am sure their concerns are unique and do not belong in our agreement We provided you with these main areas of concern in an email from Melvin on May 11 (1) Technical Revision - We listed 5 items (a -e) that we need in a Technical Revision (2) Koehler Irrigation Well - We are in agreement with the proposal provided by Quality Well but we would like a guarantee from you that it will be sufficient for operation of our pivot system for 2 irrigation seasons It is important to ensure that the work Quality Well proposed will be able to make up for the drop in the static water level (3) Crop Damages - These need to be included with what Melvin provided you last Friday, May 15 (4) Irrigated Berm - There was no mention of this item in your agreement Regards, Jim Koehler Jody Jones Janet Brown Begin forwarded message From: Melvin Bickling <mbick7077@outlook corn> Subject:, Fwd. Agreement Revised Date: May 15, 2020 at 1 5146 PM MDT To: Jody Jones <lody iones04@email corn>, "ianetkbrown52@gmail corn" <lanetkbrown52@email corn> Sent from my 'Phone } Begin forwarded message From: JC York <gcyork@j-tconsult'ng corn> Date: May 15, 2020 at 149 48 PM MDT To. "mb'ck7077@outlook corn" <mb'ck7077@outlook corn> Cc. "kahodgel@comcast net" <kahodgel@comcast net> Subject. Agreement Revised <Settlement Agreement_200520_revised_Koehler Specific pdf> <07123 JT DRMS TR 5 Request 5 19 20 pdf> Attachment 1 Updated Mining Plan 5 19 2020 LEGEND I I .- - — --� PROPERTY LINE I V; J&T Consulting, Inc. 305 Denver Avenue Suite D Fort Lupton CO 80521 PR 303451-6722 rem 303.!5]621. .wlRM+Wn9 Wm I I v _ PENCE UNE I I C - - - — _ - oo ' ti ^ O ` — TS C RELOGeTEO GAS UNE GRAVEL ROAD — PROPOSED - - PERMIT BOUNDARY L -------- Z----=--„ __ ____�t� —___�_______ PROPOSED ANAL MINING LIMIT II I LN@UTY�®L T IPROPOSED �-C__C__—C___•0 I _ STOCK PILE AREA SLURRY WALL K'""-----7-- rr•1 DISTURBED AREA // «,r `� III PUTURENGBLE ENEncrawas DP� nfi �Iw— AREA 11 --ELY ' I i, I , — ` .y.- U'4 �i '4. I MOO., Paa TO DO I ABANDON. MD ROMEO L I r . IN I 11 1 w m Exhibit C.3 Pre-Mining/Mining Plan Map ` lIl \ EI I 1 I - - - J ` 1 \ 1 I ,c I EYDME a EvvE ra emwM v T. on MalSOPAE. KN. uCE YAWS NO THE 1 LL ILL B B4gW� 114 ❑ � r of �` WINS MBA. 10 T i .. 1.D Ac i l`G�� OTUM VAD. W D 1 ��yyl!I!•�•��!!�� T II suds .u'1pa°x rowanicic , PW,BEu Burtaw 10hb 0iW NO GImWvuIr EWPem PNPPD NA DwhIllA", �. I � ` 6 1 ; 1 I 4I I r8r oOPC 1 -Is �. Ltu.^'v++ =IT N '" DM ru cam# n �� UI . , •, '' Broken Arrow Investments Derr Pit M 2008417 ,\ ` . .,.._ 1 ® ® G / ,-- i� ` \\ I I TYPICAL MINING SECTION - BENCHED I �n I o ,k _ / + IsI II I .I I 1 POW NTS =TAN. was \�' ` r J�� _ `hm ,1 F _ 2 `�t.c r l vnmuAm 1,� -�\ - MOSS avwE <� �' aA — II I PHASE ITsi°e I I 91iN1 ^_ _ _ �` REVISIONS on I ey I Cn. I 0e.mpm. _ L k , 30AG __y_J _ _ J"` ' / ` . / f � % ro r PHASE1.:' \ \ iE� \ -I , �� I _ I I I I _ srAD AVP yIW4 ' r s y u -ro •11.01 --::]I TYPICAL MINING SECTION-NOBHAM NTs u u -w I I MA 1 / �, r PHASED 6a1 AC ` \c t I , m J II 7,,,17,2`°'°"T" I �D� moot—� P YP A YE WGC DrtO co n „ Y; w r- r I 831 AC IIO/ I J' E , �r = _ ) a I I/ / , -- \ 'L ��— -. li \ \� s i. iC DEWATERING COLLECTION POND Jeer ca-PYIIO5 Inc �� 1 _-Y �t '" �� , ,� ]� I .n ANSI �I I�C • , r. I �� E W. — — — 4—P —''�� —i —s _LP. ----=-- TOTAL PERMIT AREA = 145 05 AC De DWSs Q + J r. is0ssi MPH„ —a I .30 / 0O O ❑� TOTAL MINING AREA =7521 AC .0 Ts a .0 DOD a50�P TPY JCY Jf-0m]Dle M11010,,,'I' - w 77,744:1471rM ® SCALE uEwFEET Sheet or S 3 . USA, 1660 ROKEN ARROW INVESTMENTS, LLC ®E GRAVEL PIT PART ILF NE 1/4 SECTION 4, T5N, 6$65W ^•:F THE 6TH WELD COUNTY, COLORADO o I / OTC ONIAT PROPOSED sOczooRo ENERE NOBLE RGY ORAAS OPERATION 0-RO- AREA DOLOR TD rIDCU 'JANUAR, Col"nCF& PHASE5a 5 dam MIME Ono NO GTONINwNrEryOsod PO I row NOND 1394 AO LOT 02-3011 oNAJMAD room To sc. ROOMED APO ROWNED PHASED dR AG ►mod' / _/\ 1 y L�`^ Imo— 1 = __= Q"W S1 PHASE I ; �aC ; /T `; . IT III AC .mosA,OAaA BPHASE! I Tva-1--- IS I Yl l i 1 IE PHASE, \ ,vv II �E1C l .A _ I _ I I� �Ow I I / m.1--' Opp 430 �'I /P) J L I \�wmc I I 1 1 E WPF Cc tOn I. laPHASED✓��J� Olat RAn 6 �PHASE9 I �IlosJ �J CA5 OM � \ t\ TOLL MY.. ea mow No IS I CUP 6RARNIE cltSERT DTP) ewr A.13 .M00. III R MANN II PROPOSED REICCATED CAS mit 0 LEGEND --�—... PROPERTY UNE FENCE UNE C c RELOCATED GAS UNE GRAVEL ROAD RR. t� RRRRRRRRRRRR. PROPOSED PERMIT BOUNDARY PROPOSED FINAL MINING UNIT STOCK PILE AREA — — — — PROPOSED SLURRY WALL SYMBOL OTY SIZE NAME SCIENTIFIC NAME OD95 6 FT HEIGHT AUSTRIAN PINE PIOUS NIGRA 6 -1 !16 1 CRP DRAINAGE CULVERT � I I AUSTRIAN PINE ROE S9OID nAY m SECTION A -A TYPICAL BERM DETAIL SCALE 1 6 5916'. tMIS IRE N 3 RAWSTARS OUTSIDE 410JUSE 1.41 OWN. OT.GMNO 9'RARMS T iwe W AAPfID.ID mALL TRMOI ICON. OmEtS. Mt MThW0F ROOM. r A6 COR MUM ORO RACIUNIMIUDI FIE LOT WNW PALED NW MY M .@ OF NE TRIE 1RIOt WPM FR MTN MOMS ROOMER ECIES4 007101 OF FLINT302 PR PRA TO USW° 6OORADE ROOM SLIME, WIRE PRO DIRAP LTG F.W RCM. TYPICAL PINE TREE DETAIL NTS 40 MP) 40 CRP) 3 %n'1 40114A We my mpn TYPICAL PLANT PLAN NTS Broken Arrow Investments 6 0 Dnn 5000 WSS PY 3019 USN Scree I v Sheet 1 From: JC York <jcyork@j-tconsulting corn> Sent. Friday, May 22, 202012 15 PM To. Kim Ogle <kogle@weldgov corn> Subject. Communications with Mel Bickling �, _ �, - - - Caution This email originated from outside of Weld County Government Do not dick links or open attachments unless you e, recognize the -sender and know the content is safe Kim — Attached are text message images from yesterday when trying to contact Mel I talked to him later after 5 00 PM and he indicated that there were issues with the agreement and Mr Winters had several redlines I asked that they be provided to us so we could address them He also stated they needed the Technical Revision to the DRMS I told him we submitted it on Wednesday to Eric Scott We sent a copy of the request to the Koehlers and Mel this morning 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 Attachment 1 Text messages to Mel Bickling Mon, May 4, 8:45 AM JC. Looks like I am the Lone Ranger today. Jim is not feeling the best today and they are still doing the social distancing. If you could email me the proposal and we'll test results I can print them and take them to Jim. We can talk on the phone to go over the test result and the proposal. Today 12:16 PM Mel Your voicemail was full so I couldn't leave a message. ,,,lust wanted to check in to make sure that you received the agreements that were emailed to you for the Koehlers and Winters/ Hoffner and to you. Let us know if there are questions or comments so we can discuss and provide a final agreement that can be executed and provided to BOCC. Read 12:26 PM A Site Access • 4 1 4a! C;;. tit _.l'• Ry h 0 b�— i VIE I:CU l S. Ht. Hr. M,. AI tj "COG GA 1303351115r w .boa. AIWA *IRIS R0ISDM► PEIIMIT 14606 SC C iti4g— Ir.ON>.— ta;.t. THE SCREENING BERMts) FOR EACH PHASE TO BE CONSTRUCTED WHEN EACH PHASE IS OPENED. silMiElp ai ;rig - J 50" R INTERN %MBACK TO BE MAINTAINED UNIT CS ARE 1 AMUSR 166O BROKEN ARROW INVESTMENTS, LLC DERR GRAVEL PIT PART OF NE 1/4 SECTION 4, T5N, R65W OF THE 6TH P.M. WELD COUNTY, COLORADO 1 14.%7 PROPOSED SCREENING -SERI SEE DETAIL THIS Stu tollaa LETRACTION at ! GAS -'NOFFSWOER 2-4' TO Bt PtuGGED AND ABAcONL0 PHASE Sa - stouts Mining Only, No GAN.FE aw Exposit Phase 5 - Full Depth Miring 13.94 AC s MOM Or MIL omPse =-F 4• N JO' {3011th L.O.. SODOM /M a 40' PWOM L:SING 1-- R.Q.. TO MWLL Ia11OO CMT MI POOtO UNE I PHASE 4 9.90 AC / Sow / PHASE 3 8.21 AC si r TOPIOL I 10000111 DMA I // 1 1-0 wet UNIT /- 31.16 IC I I I J ,5. tors. NJ rest OVERHEAD POWER TO BE ABANDONED AND REMOVED IN FUTURE MP*C SS MAIN TARN 200 FT SETBACK FROM POWER UNTIL. It'S ROM0VE) PHASECI " ° OD mam UMtf if PHASE 2 6.81 AC t0' \N_N[OWIR 0004,/ 0411 MIRES 1-4 yi L TMICAL OroA OJ : Tw4C L OLfMn4N1 couscnoN Pam M ARRO WIRY R ECIIOROE 0004 PHASE 6 11. tit AC i 1 1 1 1 1 1 ` 1 1 1 1 b 1 1 1 1 1 Y NMO 1-4 1. fac ! id A RC* OD PM TREES Cr IO.TO UNIT 43M K\ PHASE / 17.75 A', 1 1 1 i 'a - II I I I 1 II II II tlI I 1 N U II PROPOSED RELGCATi . GAS LINE b' ass t0(A RE -7138 FCC NO VR72S7 f —1 nn PROPOSED RELOCATED OAS LOGE T. LEGEND: E SYMBOL 0TY SIZE PROPERTY UNE FENCE UNE RELOCATED GAS LINE GRAVEL ROAD PROPOSED PERMIT BOUNDARY PROPOSED FINAL MINING UNIT STOCK PILE AREA PROPOSED SLURRY WALL NAME SCIENTIFIC NAME S SECTION A -A TYPICAL BERM DETAIL AUSTRIAN PINE 95 S FT HEIGHT TREE STAKING PLAN VIEW I \\1 AUSTRIAN PINE SCALE 1' - 6' U RR0011MILL ENMIETER PINUS NIGRA STAKE CaS TREES *4 3 PLILZS, MINI s' STAKES OUTSTO! OF RANTING PIT *4 UPRISTURBED SOL. U&3 /10 TO 12 GUIDE GALYINCED Olh ORE, aRtiTLY WT. ATTACH TO 2' CANVA6 STRAPS OR APPROVED EQUAL THROUGH METAL OQOWETS SET TOP OF ROOf1mU11 2' a ADJACENT OWE *00O MULCH 3' DEPTH ■ 4' ) 41000 MULCH 1®6 TO BE an OPEN OR PULLED RAO < MOM THE BATE OF THE TOM TRUE. SWILL PR WITH SPEWED WE MIXTURE ROUGHEN SCES At BOTTOM Or PUNTING PTT MOOR TO GETTING DUSTING SU60&MX REMOME ALL TWIN. MOM AND MAW ETC. MOM ROOTBALL TYPICAL PINE TREE DETAIL 4O' (rYP) NIS 40 'NPs TYPICAL PLANT PLAN SO PS O 150 300 450 SCALE IN FEET u 0-4 5 ctis V i ■ AMUSR 1660 Landscape, Screening. & Buffering Plan Broken Arrow Investments REVISIONS d E L u m u a. o- • N to N In 7 " IPY IV 995-OMIT 2019 USR Scmer Ki sub 1 - 150' Sheet: 1 Of: LA6INCE JONES CUSTER GRASMICK LLP ATTORNEYS A'I LAW 5245 RONALD REAGAN BLVD., SUITE 1 JOHNSTOWN, COLORADO 8O534 TELEPHONE: 97O-622-8181 IJCG WWW.LJCGLAW.COM ryan(d IjcgIaw.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 27, 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: This letter supplements my letter dated May 5, 2020. Similar to my May 5, 2020 letter, the purpose of this letter is to request the Board of County Commissioners approve Global Asset Recovery's and Broken Arrow Investment's ("Applicants") USR amendment application ("Application") in the above referenced case. The Applicants were last before the Commissioners on May 6, 2020, at which time the Application was continued until May 27, 2020. I apologize for providing this letter just before the continued hearing, but we believed it was important to provide the Commissioners with the most recent information on the status of reaching agreement with several of the adjacent property owners. The following list describes the most recent status of Applicants' efforts to reach agreement with parties that had not signed agreements previously: 1. James R. Koehler Revocable Trust — Agreement Reached (Awaiting Signature from Global Asset Recovery); Application Objection Withdrawn. See Exhibit 1, attached hereto. 2. Mr. Jerry Winters and Ms. Dixie Ann Hoffner — Agreement Reached (Awaiting Signatures); Application Objection Withdrawn. See Exhibit 2, attached hereto. Mr Kim Ogle 2MJUSRI9-08-1660 Page 2 of 3 3 Mr Brian Murata — Agreement Reached (Awaiting Signature from Global Asset Recovery), Application Objection Withdrawn See Exhibit 3, attached hereto 4 Mr Rocky Francis — No agreement reached, despite ongoing outreach Outreach included text messages with Mr Francis, see attached Exhibits 4 — 6 Approximately on May 7 or 8, 2020, Applicants learned that Quality Well and Pump was planning on being on Mr Francis' property to rehab his existing irrigation well and re -drill two domestic groundwater wells Applicants offered to pay the full price of such work to rehab the existing irrigation well and re -drill two domestic wells to their alluvial depth similar to the existing domestic wells See attached checks made out to Quality Well in the combined amount of approximately $40,000 00, attached hereto as Exhibit 7 Mr Francis refused to accept Applicants' payment Applicants provided Mr Francis a revised agreement on May 15, 2020, a copy of which is attached hereto as Exhibit 8 Mr Francis refused to negotiate or engage in productive discussions This is not the first time Mr Francis has refused to allow Applicants the opportunity to re -drill his groundwater wells See Exhibits 9 and 10 Exhibit 9 is a memo to file drafted by Mr Peter Hayes with Colorado Division of Reclamation, Mining and Safety ("DRMS") on March 6, 2018 In response to a complaint by Mr Francis, DRMS conducted a field investigation of Mr Francis' wells Applicants hired Johns Pump Service to perform the necessary mitigation work on the wells As DRMS states "Due to 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 " Mr Francis' uncooperative approach persists He has had full and fair opportunity to engage in settlement discussions with Applicants, but has refused to do so The Application should be approved despite Mr Francis' objections because Mr Francis has acted in bad faith and denied Applicants a meaningful opportunity to perform mitigation efforts The following list describes agreements with other adjacent property owners that were entered into prior to the May 6, 2020 land use hearing before the Commissioners 5 Ms Diana Taylor — Agreement Reached (fully executed), Application Objection Withdrawn See Exhibit 11, attached hereto 6 Ms Silvia Parker — Agreement Reached (fully executed), Application Objection Withdrawn See Exhibit 12, attached hereto 7 Mr Dennis Hoshiko — Withdrew Objection before DRMS See Exhibit 13 Applicants paid for certain improvements to a surface water diversion structure for Mr Hoshiko See Exhibit 14, attached hereto Mr Kim Ogle 2MJUSRI9-08-1660 Page 3 of 3 On May 20, 2020, Ms Jeanette Snow filed an objection to the Application claiming that her domestic well went dry in 2014, then had water in 2016, but then went dry again See Exhibit 15 Ms Snow's objection is not timely Deadlines imposed on submitting comments and objections serve the purpose of preventing surprises such as this Furthermore, Ms Snow's well was only registered the same day she filed her complaint See Exhibit 16, attached hereto Similar to all neighbors in the vicinity of the Derr Pit, Ms Snow received notice of a community meeting held last August See Exhibits 17 and 18, attached hereto Ms Snow's May 20 Objection Letter is the first time Applicants have heard any complaints from Ms Snow on the issue of injury to her well She has had 6 years to approach Applicants regarding potential injury to her well Because her well was only registered one week ago, it would not appear in a search of nearby well permits because there was no record of the well's existence until May 20, 2020 Applicant has proceeded diligently to secure agreements with the majority of the neighboring property owners The Application satisfies Weld County Code Section 23-2-260 and should be approved Sincerely, LAWRENCE JONES CUSTER GRASMICK, LLP ( Digitally signed by Ryan M ,...4 E0± avan c=U5 c/ Date -202005.2707 4035 -0600 Ryan M Donovan cc JC York, J&T Consulting, Inc Kelly Hodge, Mill Iron Mining iaxviCoo-% SETTLEMENT AGREEMENT . atk THIS SETTLEMENT AGREEMENT ("Agreement") is made this ' day of fifl ( g ) 'I 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, collectively the "Companies," and the James R. Koehler Revocable Trust ("Koehler") The Companies and Koehler shall he jointly referred to as the "Parties" in this Agreement. RECITA LS I. The Companies ha\ e common. though not identical, interest in the matters addressed by this Agreement. 2. Loloff owns and operates the Loloff Sand and Gravel Pit ("Loloff Pit") located directly across North Balsam Avenue from the Derr Pit, vv Lich is described in the following recital. Loloff operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985- 112, issued by the Colorado Division of Reclamation, Mining, and Safety ("DRMS"). A slurry wall liner was installed around the Loloff Pit in 2017. 3. GAR owns the Derr Sand and Gravel Pit ("Den Pit") located at 590 North Balsam Avenue in Weld County, Colorado. BA1 operates the Derr Pit as an active sand and gravel mine under Permit No. DRMS M-2008-017. 4. DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27, 2018 ("Revision No. AMOI") ") to allow BA1 to expand mining into an area north and west of the existing Derr Pit boundary, as shown in Exhibit A ("Amendment Area"). 5. BA1 also requires Weld County approval to expand mining operations into the Amendment Area. As part of this approval, Weld County granted a zoning change on September H. 2019 for the Amendment Area, which BA1 recorded on December 4, 2019. BAt is in the process of amending the Weld County Use by Special Review Permit, 2MJUSR 19-08-1660 ("USR Amendment Application"), as the final authorization necessary to begin mining the Amendment Area. 6. Koehler owns Parcel No. 080333000017 at 1001 East C Street ("Koehler Property"), which lies immediately north of the Amendment Area, on which Property is situated three ground titer wells represented by Well Permit No. 314644 (stock well), Permit No. 314643 (domestic well), and Permit No. 1 1564 (irrigation well), collectively the "Koehler Wells". North Weld County Water District provides potable water service to the Koehler Property. 7 Koehler, through its spokesman, Melvin Bickling referred to in this Agreement as "Bickling," has opposed BAI's USR Amendment Application through oral testimony, written statements, or both before the Weld County Board of County Commissioners, and in letters submitted to Weld County Planning Department staff which have been entered into the record as part of the USR Amendment Application 8 Koehler's opposition to the USR Amendment Application is related to, in part, concerns regarding the potential impacts of dewatering activities within the Derr Pit and Amendment Area on the Koehler Wells 9 The Companies and Koehler disagree as to whether and to what extent existing mining operations at the Loloff Pit and Derr Pit have impacted the Koehler Wells, and disagree further as to whether and to what extent future mining in the Amendment Area will impact the Koehler Wells 10 In an effort to resolve that disagreement, as well as address all other remaining concerns of Koehler related to operation of the Loloff Pit, Derr Pit, and the Amendment Area, and allow BAI to obtain approval of the USR Amendment Application, as well as Koehler's objections to Weld County regarding the USR Amendment Application, the Companies and Koehler desire to enter into this Settlement Agreement THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Companies and Koehler agree as follows COVENANTS AND CONDITIONS 1. 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 at the Loloff Pit and the Derr Pit and Amendment Area, such that Koehler, either directly or through its representative, withdraws its opposition to BAI's efforts to get approval of the USR Amendment Application, and to fully resolve all issues and obligations between the Companies and Koehler related to operations at the Loloff Pit and the Derr Pit, including the proposed operations within the Amendment Area This Agreement is further intended to facilitate BAI's efforts to obtain final approval from Weld County on the USR Amendment Application by defining certain objective triggers and subsequent mitigation requirements related to Koehler's concerns The Agreement also binds Koehler, and its representatives, , to first attempt to work out future disagreements related to the mining operations with the Companies as they arise directly with BAI 2. Identification of Concerns 2 Koehler identifies the followMg concerns ("Concerns") as the basis for its objection to USR Amendment Application' some of which relate to existing operations at the Derr Pit and Loloff Pit A. Noise - concerns about Area noise that will be generated by operations in the Amendment B Dust - concerns about dust that will be generated by operations in the Amendment Area C Traffic - concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles D Water Wells — concerns that the Koehler Wells will be negatively impacted by the operations at the Derr Pit, including the Amendment Area 3. Obligations of the Parties To fully and completely resolve Koehler's Concerns regarding BAI's and Loloff's past and planned mining operations at the Loloff Pit, Derr Pit, and BAI's expansion of operations into the Amendment Area, the Companies and Koehler agree to the following mitigation efforts to address the Concern 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 contain d 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 c BAI shall install and maintain a berm around the active mining areas within the Amendment Area The berm area shall be planted with trees and native grasses The trees shall be irrigated by a drip irrigation system and the native grasses will be irrigated by a temporary sprinkler system If a tree planted within the berm area fails to survive and said tree dies within one year of being planted, it shall be replaced by BAI The northern boundary of the berm shall be originally constructed no less than 150 feet froii the center line of County Road 62, though BAI shall have the right, but not the obligation, to relocate the berm to no less than 80 feet from the center of County Road 62 in the future as mining operations dictate within the Amendment Area 3 2 Dust a BAI shall comply with all applicable dust requirements contained in amended USR Permit No 2MJUSRI9-08-1660, State laws, and local ordinances BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which 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 has received a quote from Quality Well and Pump to upgrade and repair the existing Koehler irrigation well The quote is attached as Exhibit B Koehler agrees that the services shown in the quote are a reasonable attempt to mitigate any impacts related to dewatering of the Derr Pit BAI shall pay for all services shown in said quote All work described in Exhibit B regarding the work completed on the Koehler irrigation well shall be covered under warranty for two years b BAI shall submit a technical revision to DRMS for the Derr Pit, including the Amendment Area ("Derr Technical Revision") The Derr Technical Revision shall include the following mitigation items i The Koehler Wells (among others) shall be included as "Permanent Man -Made Structures within 200 Feet of the Affected Land" as that phrase is used within Permit No DRMS M-2008-017 ii BAI, or its selected third -party representative, shall perform monthly groundwater monitoring at each of the groundwater wells identified in Exhibit C The monthly monitoring data shall be submitted to Koehler and the DRMS on a monthly basis The groundwater wells to be included within this monitoring program specifically include the Koehler Wells and Koehler agrees to grant access to BAI, or its selected third -party representative to the Koehler Wells for purposes of such monitoring If such access is denied in the future, then BAI shall be relieved of the requirements of 3(A)(4)(b)(ii)-(iii) and 3(A)(4)(c) of this Agreement iii If the results of the monitoring data referenced in the preceding paragraph demonstrate that there has been greater than a two (2) foot drop in the groundwater levels over the historic average groundwater levels for the month in which the level was measured at the Koehler Wells in two consecutive months, which reduction is proximately caused by dewatering at the Derr Pit, including the Amendment Area, then BAI shall, within seven (7) days submit a mitigation plan to Koehler and DRMS Such mitigation plan may include, but is not limited to the following mitigation efforts (a) enhanced recharge operations around the Amendment Area or Derr Pit, (b) resetting of existing well pumps on the advice and recommendation of an agreed upon company with expertise in such fields, (c) rehabbing the existing well on the advice and recommendation of an agreed upon company with expertise in such fields, (d) provide domestic water through either the City of Greeley system or the North Weld County Water District system at BAI's sole cost, and (e) provide Colorado Big Thompson or other sufficient surface water supplies suitable for irrigation The two (2) foot drop in static water table that is the trigger for the obligations of this paragraph shall be measured against the baseline data collected by BAI through its third party representative since 2019 Koehler acknowledges and agrees that this data is a reasonably accurate estimate of the current water level and that the actions taken pursuant to paragraph 3(A)(4)(i) of this Agreement will mitigate the historical lowering of the water table, if any, resulting from 5 dewatering at the Derr Pit If there is a question as to whether dewatering at Derr Pit is the proximate cause of the reduction in groundwater levels that require the mitigation plan described in this paragraph, then BAI and Koehler agree to work together in good faith to resolve such question If they are unable to resolve such question between themselves, they agree that the Colorado State Engineer Office ("SEO") is the state agency with expertise in determining such matters and both BAI and Koehler shall seek the determination of whether the groundwater level declines in the monitoring wells are proximately caused by the dewatering activities at Derr Pit c If, after performing the reasonable mitigation efforts described in 3(A)(4)(b)(iii) above, and after the upgrades to the Koehler Irrigation Well as shown in Exhibit B have been completed, Koehler fails to produce a crop yield, on a per acre basis, that is within 10% of the average yield on the 70 acres historically irrigated on the Koehler Property, as substantiated by the crop records in Exhibit D hereto, then BAI shall pay Koehler that amount that represents the difference between the actual yield for the year in question and the average yield as shown in Exhibit D This provision is invoked only if the failure to produce an average yield is directly related to a lack of water available at the Koehler irrigation well, which is the result of dewatering at the Derr Pit and does not extend to cover assurances for causes in decreased yield that are outside the control of BAI and the Companies, such as, but not limited to, dewatering activities associated with operations conducted pursuant to mining operations at other locations under different mining permits, pests, intentional fallowing or crop rotations, extreme drought, mechanical failure within the irrigation sprinkler system, and water quality issues d BAI shall install a slurry wall liner around the existing Derr Pit BAI shall, in accordance with the terms and conditions of Revision No AMOI, install a slurry wall liner around the area to be mined within the Amendment Area prior to exposing groundwater within the Amendment Area Upon completion of the slurry wall liners described in the previous sentence, BAI shall continue to have access to the Koehler Wells for purposes of gathering water level data, which monitoring data shall continue to be collected and reported monthly until the data shows that the water level is gaining for three consecutive months, at which point the monitoring data described in 3(A)(4)(b)(ii)shall be collected quarterly until such time as the DRMS releases the bond associated with the Derr Pit mining permit B. Koehler 1. On the same day of the execution of this Agreement, Koehler, either directly or through a represetative, shall provide the Weld County Board of County Commissioners a letter withdrawing all objections to BAI's efforts to amend the USR Permit Application. The withdrawal letter shall be substantively similar to the draft letter contained in Exhibit E 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, and shall not, to a Governmental Authority or otherwise, protest, condition, delay, prevent, or oppose in any way such efforts by BAI, or encourage or facilitate others to do so. In complying with the spirit of this term, Koehler agrees to direct its representative to refrain from objecting to the USR Amendment Application and the DRMS regarding the Derr Pit Mining Permit. Any such statements made by representatives on behalf of Koehler shall constitute a breach of this Agreement. 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 coordinate and permit BAI representatives access to the Koehler Wells during reasonable business hours to perform the monitoring required under 3(A)(4)(b)(ii) hereof. 4. For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Koehler and its representatives, 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 the issues or concerns before involving others. BAI shall have no more than 10 days to respond to Koehler and offer a proposed plan to mitigate the alleged issue and concern of Koehler, though BAI agrees to respond as soon as commercially reasonable to do so. If BAI and Koehler disagree on the cause of the alleged issue and concern, which disagreement shall be communicated to Koehler within 10 days of receiving notice from Koehler, then Koehler can proceed to contact the appropriate Government Authority. Loloff and BAI designate the following individual as the contact person for purposes of this provision: Kelly A. Hodge kahodge I @comcast.net 970-566-5090 4. Conditions Precedent BAI's and Loloff s obligation to perform the tasks identified in Paragraphs 3(A)(1) through 3(A)(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 5. 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 6. 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 7. 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 at the Loloff and/or Derr Pits, including the Amendment Area, occurring after execution of this Agreement, and provided that Kohler has provided continuous access for well monitoring as required in Paragraph 3(A)(4)(b)(ii ) hereof 8. 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 8 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 9 BROKEN ARROW INVESTMENTS, LLC BY: TITLE: LOLOFF CONSTRUCTION, INC. dir BY: TITLE: GLOBAL ASSETS RECOV LLC BY: TITLE: JAMES R. KOEHLER REVOCABLE TRUST BY: riAelittA Jr(h) Art.,Lebr TITLE: ��Gnw^e' 10 1/30/2020 2 35 47 PM P:\07123 Derr Gravel Pit\Drawings\Exhibits\JT-Overall Permits Exhibit.dwg 305 Denver Avenue - Suite D Fort Lupton. CO 80621 303-857-6222 Broken Arrow Investments Derr Pit Permit Boundaries PROPOSA Pump Quality (970) & Pump Well 353-3118 Name: Address: City, ST, ZIP: Phone: Koehler Date: Location: May 5.2020 CR43&ECst & E Cst We hereby submit specifications and estimates for: DESIGN GPM (total) PSI (at pump) Pumping Level Column Losses Design TDH Estimated BHP Est.Pumpbowl Eff. Est Pumping plant HP POINT This is an estimate on pulling, replacing and setting turbine pump assembly in the same or new well. This pump is rated at 1100GPM 150 Ft head with a 30HP. thoroughly inspected All changes or modifications to this proposal will be approved by the customer as the job progresses. 84.0% Quantity Description Price each Total 1 1 38 1 10 1 1 1 1 1 1 5 3 4 1 1 12 Berkeley 12VT1100K Bowl Assy, 2 stage Headshaft, machine charge Headshaft, 1" per inch Custom Top Tube Col/Tube/Shaft 8/1.5 x 10 ft Split bolt & Elect/Rubber tape GE Motor, Prem. Efficiency 30HP Drip Oil and Cleaning Fluid Re -machine packing gland Flange Gasket, 8" Basket Strainer 8" Drip oil, gallon Turbine pump, labor Set turbine pump, hourly rate Disassemble, inspect, and identify bowl assy. Assemble new/rebuilt bowl assy. Mileage charge, rig only $ 4,812.00 $ 294.00 S S 317.00 $ 892.00 S $ 3,232.50 S $ 284.00 S 5 463.00 S $ 245.00 $ 245.00 $ 175.00 S 149.75 S 92.50 75.40 24.90 11.30 4.30 2.95 I $ 4,812.00 $ 294.00 $ 163.40 $ 317.00 $ 8,920.00 $ $ 3,232.50 $ $ 284.00 $ $ 463.00 $ $ 735.00 $ 980.00 $ 175.00 $ 149.75 $ 92.50 75.40 24.90 56.50 35.40 The stated price on this proposal is an estimate only. Upon removing the pump and after further inspection, additional repairs may be warranted. which cannot be anticipated at this time. l he customer shall be informed of and approve any charges above the estimated price shown on this proposal. $ 20,810.35 Total All matenals are guaranteed standard practices Any alteration upon written orders, and will strikes, accidents or delays workers are fully covered by to be as specified All work shall be completed in a workmanlike manner according to or deviation from above specifications involving extra costs shall be executed only become art extra charge over and above the estimate All agreements contingent upon beyond our control Owner shall carry fire tornado. and other necessary insurance Our Chris Jones 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 are authorized to do the work as specified Payment will be made as stated above Customer Signature: Date Land Owner Wells Monitoring Locations at Land Owner Wells Outside Derr Pit Roehle Koehler •� Davis F'= %Bliss Field Well We house 9lofn:er #1 2000 ft Exhibit D Crop Records 14 6/4 fv4civzi CoulY tb WELD Crop RP.CpRN Pratte] IRRIGATED Type1 Gm Ups DexnPOoei Xi 04l 66MY Unit Oescnpborm J&1 KOEHLER insurecre Share 1.000 'Omer eons sharing in crop NvTA F 6189 nF� shy lai Qr.+a AQus___ Li t • = d, AAP 1" me 'ca 1`>V .nn: Year Total Pmductre; : Acres I ,s 56.04: /to Descriptor 10 _ 8848.00 00 42.60 208.0 TA t1 1461. 32.14 231.0 TA 1.2 16€29. a: 7? TA _3J.: 13 840'9.'x0 46 . ft 133.0 TA I 4 1761? 00 -rr 1- TA • r � 1S 149O1.00-• 12.30 206.0 TA 16 16273.00 71. OD 1 229.0 TA C 59396.00 A1. 32981.00 184.40 is iPtolutfign Pfd Aires Doerr Comd M Celt � A. Atzetrax. "tit Rin 'cc' 230.0 TA 179.0 TA ...--: _-..-t-- Rernar�Other St 03115/N PP 0O10 P1 %ALM AI Gill Trend Adjustment Trend Ids: IOT-.222, ADDED LAND 2010 117;244.127441, 13T:192, NonTiS App Yld 218.0 14T012,15E213,162.5, 177:244,18E233.19T-190 CAMC clattS 14.1 44 -CE • I 1 t f f Exhibit E Sample Letter to Weld County Board of County Commissioners 15 Mr Mike Freeman Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley CO 80631 mfreeman@veldeov corn r RE 2MJUSR19-08-1660 -- Den Sand and GI avel Mine Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Freeman Via Email This letter is to formally withdraw my opposition to Bioken 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 Commissioneis 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, * (4/Ynx-4) e,f,fa cc Kim Ogle, Weld County Planning Services (via email) sz,..,...,,,..-7- ....4 -� 6 p5I-t.[rc V (AA, V SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made thischtn day of Nay 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, collectively the "Companies," and Jerry Winters and Dixie Ann Hoffner (who shall jointly be referred to as "Winters/Hoffner") The Companies and Winters/Hoffner shall be jointly referred to as the "Parties" in this Agreement BAI, Loloff, and GAR shall be deemed one entity for purposes of this Agreement and each shall be responsible for its own obligations and liabilities, and also obligated and liable for each other's entity's obligations and liability that are included as "Companies" RECITALS 1 The Companies have common, though not identical, interest m the matters addressed by this Agreement 2 Loloff owns and operates the Loloff Sand and Gravel Pit ("LoloffPIt") located directly across North Balsam Avenue from the Derr Pit, which is described in the following recital Loloff operates the Loloff Pit as an active sand and gravel mine under Permit No DRMS M-1985- 112, issued by the Colorado Division of Reclamation, Mining, and Safety ("DRMS") A slurry wall liner was installed around the Loloff Pit in 2017 3 GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue in Weld County, Colorado 13AI operates the Derr Pit as an active sand and gravel mine under Permit No DRMS M-2008-017. 4. DRMS amended Permit No DBMS 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 Dcrr Pit boundary, as shown in Exhibit A ("Amendment Area"). 5. BAT also requires Weld County approval to expand mining 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 BAT is in the process of amending the Weld County Use by Special Review Permit, 2MJUSR19-08-1660 ("USR Amendment Application"), as the final authorization necessary to begin mining the Amendment Area 6. Wrnters/Hoffher owns Parcel No 096103000044 at 21138 County Road 62 and Parcel No 080334000019 ("Winters Hoffrier Property"), which lies east and north of the Amendment Area, on which property is situated two groundwater wells permitted for irrigation use, and represented by Well Permit Nos 13200-F and 13199-R, collectively the "Winters/Hoffner Wells." 7. Winters/Hoffner, through its representative Melvin Bickling (`Bickling"), have opposed BAP s USR Amendment Application through oral testimony, written statements, or both before the Weld County Board of County Commissioners, and in letters submitted to Weld County Planning Department staff which have been entered into the record as part of the USR Amendment Application 8. Winters/Hoffner's opposition to the USR Amendment Application is related to, m part, concerns regarding the potential impacts of dewatermg activities within the Derr Pit and Amendment Area on the Wniters/Hoffner Wells 9. The Companies and Winters/Hoffiierdisagree as to whether and to what extent existing mining operations at the Loloff Pit and Derr Pit have impacted the Winters/Hoffner Wells, and disagree further as to whether and to what extent future mining in the Amendment Area will impact the Winters/Hoffner Wells 10.1n an effort to resolve that disagreement, as well as address all other remaining concerns of Winters/Hoffner related to operation of the Loloff Pit, Derr Pit, and the Amendment Area, and allow BAI to obtain appi oval of the USR Amendment Application, as well as address Winters/Hoffner's objections to Weld County regarding the USR Amendment Application, the Companies and Winters/Hoffner desire to enter into this Settlement Agreement THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be denved therefioin, the Companies and Winters/Hoffner agree as follows COVENANTS AND CONDITIONS 1. 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 at the Loloff Pit and the Derr Pit and Amendment Area, such that Winters/Hoffner, either directly or through Bicklmg, formally withdraw their opposition to BAI's efforts to get approval of the USR Amendment Application 2. Identification of Concerns Winters/Hoffner identify the following concerns ("Concerns") as the basis for their objection to USR Amendment Application, some of which relate to existing operations at the Derr Pit and Loloff Pit. A Noise - concerns about noise that will be generated by operations in the Amendment Area 2 B Dust - concerns about dust that will be generated by operations in the Amendment Area C Traffic - concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine-i elated vehicles D Water Wells — concerns that the Winters/Hoffner Wells will be negatively impacted by the operations at the Derr Pit, including the Amendment Area_ 3- Obligations of the Parties In an effort to resolve Winters/Hoffner's Concerns regarding BAI's and Loloff s past and planned mining operations at the Loloff Pit, Derr Pit, and BAI's expansion of operations Into the Amendment Area, the Companies and Wrnters/Hoffner agree to the following mitigation efforts to address the Concerns A BAY and Loloff 1 Noise a BAY shall comply with all applicable noise requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAY 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 c BAI shall install and maintain a berm around the active mining areas within the Amendment Area. The berm area shall be planted with trees and native grasses The trees shall be irrigated by a drip Irrigation system and the native grasses will be irrigated by a temporary sprinkler system. 2 bust 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 Drn'rsion permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment 3 b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which specifically address particulate emissions (dust) from the pit and associated mining equipment 3. Traffic a BAT will comply with all applicable traffic requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAY will ensure that drivers servicing the Derr Pit utilize only designated haul zoutes b Loloff will comply with all apphcable 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 c No mining equipment or heavy truck and construction traffic shall exit, enter or access the Amendment Area via Cherry Avenue 4. Watei Wells a BAI has submitted a technical revision to DRMS for the Den Pit, including the Amendment Area ("Den Technical Revision"), a copy of which is attached hereto as Exhibit B. The Derr Technical Revision shall include, among other items, the following mitigation items i. The Wmters/Hofl'ner Wells (among others) shall be included as "permanent Man -Made Structures within 200 Feet of the Affected Land" as that phrase is used within Permit No DBMS M-2008-017. ii BAY, or its selected third -party representative, shall perform monthly groundwater monitoring at each of the groundwater wells identified in Exhibit C The monthly monitoring data shall be submitted to Wxnters/Hoffner and the DRMS on a monthly basis The groundwater wells to be included within this monitoring program specifically include the Winters/Hoffner Wells, and Winters/Hoffner agree to grant access to BAI, or its selected third -party representative to the Winters/Hoffirer Wells for purposes of such monitoring If such access is denied in the future, then BAI shall be relieved of the requirements of 3(A)(4)(a)(n)-(1n) and 3(A)(4)(b) of this Agreement Access for monitoring shall remain in effect unless revoked in writing by Winters/Hof&ier to BAT, or a representative of the Companies. iii. If the results of the morntonng data referenced in the preceding paragraph demonstrate that there has been gi eater than a two (2) foot chop in the groundwater levels over the historic average groundwater levels for the month m which the level was measured at the Wmters/Hoffner Wells in two consecutive months, which reduction is proximately caused by dewatenng at the Derr Pit, including the Amendment Area, then BAY shall, within seven (7) days submit a mitigation plan to Winters/Hoffner and DBMS Such mitigation plan is only required if the two (2) foot drop in groundwater levels causes a material decrease in the pumping flow rate of the WinterslRoffner irrigation well, and such mitigation plan may include, but is not limited to the following mitigation efforts (a) enhanced recharge operations around the Amendment Area or Derr Pit, (b) resetting of existing well pumps on the advice and recommendation of an agreed upon company with expertise in such fields, (c) rehabbing the existing well on the advice and recommendation of an agreed upon company with expertise in such fields, and (d) provide sufficient Colorado -Big Thompson oh equivalent surface water for the Wmter/Hoffner farm crops at BAT's sole cost. The two (2) foot drop in static water table that is the trigger for the obligations of this paragraph shall be measured against the baseline data collected by BAI through its third party representative since 2019 If there is a question as to whether dewatering at Derr Pit is the proximate cause of the reduction in groundwater levels that require the mitigation plan desenbed in this paragraph, then BAI and Winters/Hoffner agree to work together in good faith to resolve such question If they are unable to resolve such question between themselves within the next seven (7) days, they agree that the Colorado State Engineer Office ("SEW) is the state agency with expertise in determining such matters and both BAI and Winters/Hoff-net shall seek the determination of whether the groundwater level declines in the monitoring wells ale proximately caused by the 5 dewatenng activities at Derr Pit If the SEO does not resolve the issue within thirty (30) clays from receiving notice of the dispute by the Parties, then the Parties shall be free to take such legal actions they deem necessary to protect their interests b. If, after performing the reasonable mitigation efforts described in 3(A)(4)(a)(iii) above, W'nters/Hoffhei fail to produce a crop yield on the 80 acres histoncally irrigated on the Wmters/Hoffiler Property The Companies shall compensate Winteis/Haffner for any crop loss or other damages in amount and such other relief as the parties agree If there is no resolution within ten (10) days, Winters/Hoffncr may contact governmental authorities and take such other action they may choose including any legal and equitable remedy provided by law c BAI shall install a slurry wall liner around the existing Derr Pit BAI shall, in accordance with the terms and conditions of Revision No AM01, install a slurry wall line' around the area to be mined within the Amendment Area prior to exposing groundwater within the Amendment Area BAY shall continue to have access to the Winters/Hoffner Wells for purposes of gathering water level data, which momtonng data shall continue to be collected and reported monthly until the data shows that the water level is gaining for three consecutive months, at which point the monitoring data shall be collected quarterly until such time as the DIMS releases the bond associated with the Derr Pit mining permit B Winters/Hoffner 1 On the same day of the execution of this Agreement, Winters/Hoffner, either directly or through Bickling or another authorized representative, shall provide the Weld County Board of County Commissioners a letter withdrawing all objections to BAI's efforts to amend the USR Permit Application The withdrawal letter shall be substantively similar to the draft letter contained in Exhibit b to this Agreement. ' 2 Winters/Hoffner shall fully consent to and support BAT's efforts to gain governmental approval to expand mining operations into the Amendment Area 3 For the Term of this Agreement, Winters/floffner shall coordinate and permit BAY representatives access to the Winters/Hoffner Wells during reasonable business hours to perform the monitoring required under 3(A)(4)(a)(n) hereof 6 4 For the Term of this Agreement, except in ,an emergency that presents an imminent threat to life or property, Winters/Hoffher and its representatives, including Bickhng, shall first contact Loloff or BAI with any issues or concerns regarding operations at the Loloff or Derr Pits, including the Amendment Area, before contacting any Government Authority The purpose of this initial contact is to allow Loloff or BAT to address the issues or concerns before involving others If Loloff or BAI fail to respond within ten (10) days of receiving notice from Wmters/Hoffner, or Loloff and BAI fail to diligently pursue the concern raised by Wmters/Hoffner, then Winteis/Hoffner may initiate an action in law or equity. 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 or if not available, any other representative of the Companies 4. Conditions Precedent BAI's and Loloff s obligation to perform the tasks identified in Paragraphs 3(A)(1) through 3(A)(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 therm 5. 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 6 Term and Survival of Claims The Term of this Agreement shall be from its execution until DBMS 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 Any claims shall survive the termination of this Agreement 7. Preservation of Future Claims Nothing in this Agreement shall constitute a waiver by the Parties of any claims, causes of action, defenses, and any other action, and all such claims, causes of action, and defenses are preserved by the Parties 7 8. 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 mstances, 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 pi ovisions of this Agreement shall not affect the validity or continuing force and effect of any other provision b. This Agreement has been negotiated between and among the Parties, each of whom had adequate opportunity to consult legal counsel Therefore, tins 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 shall be binding on and inure to the benefit of the Parties, their successois, assigns, heirs, and personal representatives The Parties agree to provide notice to each of other assignment of this Agreement Cx This Agi cement may be executed in one or more counterparts, each of winch shall be considered an original but all of which taken together shall constitute one and the same legal insttvruent 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 8 LOLOFF CONSTRUCTION, INC. . BY TITLE GLOBAL ASSETS RECOVERY, LLC BY TITLE JERRY W1NT AND DIXIE ANN HOFFNER BY (Jerry Winters) BY (Dixie Ann Hoffner) Mr Mike Freeman Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 mfreeman@weldgov corn RE 2MJUSR19-08-1660 -- Derr Sand and Gravel Mine Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Freeman 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 T 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 Kam Ogle, Weld County Planning Services (via email) E kt‘ '0O \- DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this 21 day of //74 , 2020 by and between Broken Arrow Investments, LLC ("BAI"), whose address is 861 8th Street, Suite 130. Greeley, Colorado 80631: Loloff Construction, Inc. ("Loloff'), whose address is 801 8th Street. Suite 130, Greeley. Colorado 80631: Global Asset Recovery, LLC ("GAR"), whose address is 6530 Constitution Dr., Fort Wayne, Indiana 46804: and Brian Murata whose address is 29485 County Road 43, Greeley, Colorado 80631 ("Murata") (collectively, the "Parties"). RECITALS 1. GAR owns the Derr Sand and Gravel Pit ("Den Pit") located at 590 North Balsam Avenue in Weld County, Colorado. BAI operates the Den Pit as an active sand and gravel mine under Permit No. DRMS M-2008-017, issued by the Colorado Division of Reclamation, Mining, and Safety ("DRMS"). Loloff owns and operates the Loloff Sand and Gravel Pit ("Loloff Pit") located directly across North Balsam Avenue from the Den Pit. Loloff operates the LoloffPit as an active sand and gravel mine under Permit No. DRMS M-1985- 112. 2. GAL 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 1 1 , 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. 5. Murata owns Parcel No. 096104000066 at 29485 County Road 43 ("Property"). which lies immediately south of the Amendment Area. North Weld County Water District provides potable water service to the Property. 6. Murata has opposed BAI's efforts to amend the USR Permit, 2MJUSR 19-08-1660. in oral testimony before the Weld County Board of County Commissioners and in letters submitted to Weld County and entered into the record for the USR permit amendment proceedings. 7. Murata's opposition to the USR Permit amendment is primarily, though not exclusively, based on its belief that existing mining operations at the Loloff and Den Pits have negatively impacted a water well on the Property ("Murata well"), and that additional mining in the Amendment Area will exacerbate such impacts. J 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 Murata's concerns, BAI has researched the Murata 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 Murata BAI also hired Quality Well and Pump to provide a new pump and set the pump at a lower depth of 70 feet in the well to provide better capacity and reliability as the existing pump was set at 50 feet of depth 10 The Parties wish to resolve all outstanding issues through this Agreement THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Parties agree as follows COVENANTS AND CONDITIONS I. Purpose of Agreement The purpose of this Agreement is to address Murata's concerns related to BAI's and Loloff s existing and planned mining operations, have Murata withdraw its opposition to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues and obligations between Murata 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 Murata identifies the following concerns as the basis for its objection to the Derr Pit expansion A Noise Murata has concerns about noise that will be generated by operations B Dust Murata has concerns about dust that will be generated by operations C Traffic 2 Murata has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles D Water Well Murata has one well on Parcel No 096104000066 (domestic) that Murata believes will be impacted by the operations Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits III. Obligations of the Parties To fully and completely address Murata's concerns regarding BAI's and Loloff s past and planned mining operations, to allow Murata to withdraw its objections to BAI's efforts to amend the USR Permit 2MJUSR19-08-1660, and to facilitate BAI's expansion of operations into the Amendment Area, the Parties agree as follows A BAI and Loloff 1 Noise a BAI shall comply with all applicable noise requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAI will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Derr Pit, including the Amendment Area b Loloff shall comply with all applicable noise requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Loloff Pit 2 Dust a BAI shall comply with all applicable dust requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which specifically address 3 particulate emissions (dust) from the pit and associated mining equipment 3 Traffic a BAI will comply with all applicable traffic requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAI will ensure that drivers servicing the Derr Pit utilize only designated haul routes b Loloff will comply with all applicable traffic requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff will ensure that drivers servicing the Loloff Pit utilize only designated haul routes 4 Water Well a BAI shall perform monthly monitoring on the Murata well that Murata continues to operate after execution of this Agreement, provided Murata grants access to do so in accordance with Paragraph III B 3 hereof Such monitoring shall consist of measuring the static water level in the well BAI shall send the monitoring results to Murata each month by certified mail b If monthly monitoring shows that the water level in the existing domestic well on the Property gets to a level where pumping is no longer possible, BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to check the pump in the affected well and repair to allow continued production During the time the well is out of service BAI would pay the North Weld Water District water bill and assist with plumbing changes to make the potable water available for the domestic well irrigation B Murata 1 Within seven days of the execution of this Agreement, Murata shall provide the Weld County Board of County Commissioners a letter withdrawing her objections to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, to allow mining in the Amendment Area Murata's withdrawal letter shall be substantively similar to the draft letter contained in Exhibit B to this Agreement 2 Murata shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment Area Murata shall not, to a Government Authority or otherwise, protest, 4 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, Murata shall provide BAI representatives access to the Murata well during reasonable business hours to perform the monitoring required under Subparagraph III.A.4.b. hereof 4. For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Murata shall first contact Loloff or BAI with any issues or concerns regarding operations at the Loloff or 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 Murata issues or concerns before involving others. Loloff and BAI designate the following individual as the contact person for purposes of this provision: Kelly A. Hodge kahodgel@comcast.net 970-566-5090 IV. Conditions Precedent A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs III.A.1. through 3. hereof, to the extent not already required by applicable law, shall commence upon execution of this Agreement, except that obligations relating to the Amendment Area shall be triggered by commencement of mining operations therein. B. BAI's obligation to perform the monitoring required by Subparagraph hereof, shall commence on the execution of this Agreement and continue throughout its Term so long as Murata provides access to the well as specified in Paragraph III.B.3. of this Agreement. V. No Admissions By entering this Agreement, no Party makes any admissions as to the possible effects of existing and planned mining operations on the Murata well. VI. Term The Term of this Agreement shall be from its execution until 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. 5 VII. Preservation of Future Claims Nothing in this Agreement is intended to prevent Murata from asserting future claims regarding the Murata well to the extent such claims are supported by evidence establishing that the claims are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution of this Agreement, and that Murata has provided continuous access for well monitoring as required in Paragraph III B 3 hereof VIII. General Provisions A This Agreement shall be construed according to the applicable laws of the State of Colorado Proper venue for any action to enforce the terms, or arising from the breach, of this Agreement is in Weld County, Colorado B Failure of any Party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not waive such term, covenant, condition, or right with respect to future performance C Partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision D This Agreement has been negotiated between and among the Parties, each of whom had adequate opportunity to consult legal counsel Therefore, this Agreement shall not be interpreted against any Party as the "drafter," but shall be construed in a neutral manner E This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior negotiations, understandings, conversations, correspondence, and agreements between the Parties Unless otherwise set forth herein, this Agreement may not be modified or amended, except by a writing signed by all Parties F This Agreement binds the Parties, their successors, and assigns No Party shall assign or transfer its interest in this Agreement without the prior written consent of the others, which shall not be unreasonably withheld G This Agreement may be executed in one or more counterparts, each of which shall be considered an original but all of which taken together shall constitute one and the same legal instrument IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the date first written above 6 I BY: TITLE: BROKEN ARROW INVESTMENTS, LLC BY: TITLE: LOLOFF CONSTRUCTION, INC. BY: TITLE: GLOBAL ASSETS RECOVER', LLC BY: TITLE: Brian Murata .77(Atera.L CrZca4-e,c, 7 1/30/2020 2:35 47 PM P:\07123 Derr Gravel Pit\Drawings\Exhibits\JT-Overall Permits Exhibit.dwg DERR PIT AMENDMENT 800 400 0 800 SCALE IN FEET i J&T Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton. CO 80621 303-857-6222 Broken Arrow Investments Derr Pit Permit Boundaries Date: 1.30.2C Job No: 07123 Drawn: TRY Scale: 1 "=8 0 0' Sheet: 1 Of: 1 eresmaisoxis e rig one a says 351 on the side Thu, May 7, 8:23 AM Do you have an email address that we would be able to send information to you at? a Thu, May 7, 9:39 AM No computer or social media etc. Just snail mail and text, face to face works good also. r Ok thanks You raised alfalfa hay or was it grass alfalfaLhay previously correct? a Grass and alfalfa. Today 1:48 PM Can I drop off an updated agreement for you to review this afternoon? Do you want me to leave fit in the mailbox? 1 uudy tl. I:J HIVI iickroo\ s -- Rocky did you have a chance to review the agreement that dropped off? Today 10:34 AM I'm right in the middle of formulating a response to the paperwork, and taking in mind the actions experienced by my manager from kodge concerning water and misc displays of hostility towards myself and manager affirms your position. These actions are a precursor to Future actions by Broken Arrow and Kelly Hodge question I'm sure they will find a place on a piece of paper that I am formulating to the board of County Commissioners this is an ongoing display of what live encountered and have endured the same responsive inabilities to corrective actions with hodge for the Last 5 Years concerning water rights the ability to use clean water and oroblems with the - r 17- V —V*4 vrvv"vr o r r rr—vvr■ v—�rTrv7F— will find a place on a piece of paper that I am formulating to the board of County Commissioners this is an ongoing display of what li've encountered and have endured the same responsive inabilities to corrective actions with hodge for the Last 5 Years concerning water rights the ability to use clean water and problems with the hydrological stratium or the eluvium. If the tables were turned _ Hodge would be incensed beyond belief: Mr. York, since quality well works we're here last week it's too early to make acall on the status of the groundwater levels or usability� so at this juncture I'm going to say I am in a negative position as to your referendum B I regret my decision but I am going to live with it if you g have any further questions or comments give me a hone call I'm g phone human } �nkr\\\1 k L '14'929' PAY TO THE ORDER OF Mill Iron Mining, LLC. 801 8th Street #130 Greeley, CO 80631 970 301 4292 Quality Well and Pump Dem¢flaparmlegt Banff 88 1632/1119 ' _r4) 5/13/2020 - "9,886 86 Nine Thousand Eight Hundred Eighty=Six'and 86/100******************************************************************** Quality Well and Pump ' P O Box 577 Greeley, CO 80632 MEMO ' LOLOFF CONSTRUCTION MITIGATION- FRANCIS ii°0bi-.929ii° Mill Iron Mining, LLC Quality Well and Pump Date Type Reference 5/13/2020 Bill E 19-718 a 0 A 0 2 DOLLARS ; 14929 5/13/2020 Original Amt Balance Due Discount Payment 9,886 86 9,886 86 9,886 86 Check Amount 9,886 86 8 y r PAY TO THE ORDER OF Mill' Iron Mining, LLC. 801 8th Street #130 Greeley, CO 80631 970 301 4292 Quality Well and Pump IlielsOnelllgent Bank 88 1632/1119 14928, 5%13/2020' **9,886 86 Nine Thousand Eight Hundred Eighty -Six and 86/100******************************************************************** Quality Well and Pump P O Box 577 Greeley, CO 80632 MEMO LOLOFF CONSTRUCTION MITIGATION - FRANCI bI,9 28n° Mill Iron Mining, LLC Quality Well and Pump Date Type Reference 5/13/2020 Bill E19 -718B 14928 2 o to DOLLARS 8 5/13/2020 Original Amt Balance Due Discount Payment 9,886 86 9,886 86 9,886 86 Check Amount 9,886 86 Mill Iron Mining, LLC. 801 8th Street #130 Greeley CO 80631 970 301 4292 lindepandena Bank 88-1632/1119 ' 14927 5/13/2020 8 0 20. PAY TO THE, I ORDER OF Quality Well and Pump $ **19,346 05 0 Nineteen Thousand Three Hundred Forty -Six and 05/100************************************************************* , DOLLARS € Quality Well and Pump P O Box 577 8 Greeley, CO 80632 MEMO LOLOFF CONSTRUCTION/BROKEN ARROW MITI II°Oba-.927u° Mill Iron Mining, LLC Quality Well and Pump Date Type Reference 5/13/2020 Bill 30562 14927 5/13/2020 Original Amt Balance Due Discount Payment 19,346 05 19,346 05 19,346 05 Check Amount 19,346 05 c k OO; O 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, 2MJUSRI,9-08-1660, as the final authorization necessary to begin mining the Amendment Area 5 Francis owns two properties near the existing Loloff and Derr 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 Loloffs 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 Derr and Loloff Pits This Agreement is further intended to facilitate BAI's efforts to obtain final authorization from Weld County to expand its mining operations into the Amendment Area II. Identification of Concerns Francis identifies the following concerns as the basis for his objection to the Derr Pit expansion A Noise Francis has general concerns about noise that will be generated by operations in the Amendment Area B Dust Francis has general concerns about dust that will be generated by operations in the Amendment Area 2 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 I 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 c If, after performing the mitigation efforts described in 3(A)(4)(a) above, Francis fails to produce a crop yield on the irrigable portion of his property that is within 10% of the average yield, as substantiated by crop records to be provided by Francis showing the crops grown, acres planted, and yields for the 5 consecutive years prior to the year in which this paragraph is invoked, then BAI shall pay Francis that amount that represents the difference between the actual yield for the year in question and the documented average yield for that same parcel, using the most recent and most local data available on unit prices published by Colorado State University Extension Office This provision is invoked only if the failure to produce an average yield is directly related to a lack of water available at Francis's irrigation well, which is the result of dewatering at the Derr Pit and does not extend to cover assurances for causes of the decreased yield that are outside the control of BAI and the Companies, such as, but not limited to, dewatering activities associated with operations conducted pursuant to mining operations at other locations under different mining permits, pests, intentional fallowing or crop rotations, extreme drought, mechanical failure within the irrigation sprinkler system, and water quality issues 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 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 kahodgel@comcast net 970-566-5090 IV. Conditions Precedent 5 A BAI's and Loloffls 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 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 6 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 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 7 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 i [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? BY TITLE LOLOFF CONSTRUCTION, INC BY TITLE GLOBAL ASSETS RECOVERY, LLC BY TITLE ROBERT D FRANCIS 8 Exhibit B Sample Letter to Weld County Board of County Commissioners 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 ceetiilg 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 i 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 C \: k \ O 617/2018 State co us Executive Branch Mail - Loloff Mine Complaint Investigation STATE OF COLORADO Hays - DNR, Peter <peter hays@state co us> Loloff Mine Complaint Investigation Kelly <kahodge1@comcast net> To "Hays - DNR, Peter" <peter hays@state co us> Cc rrgeist2 <rrgeist2@aol corn> 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" <kahodgel @comcast net> , Sent: Tuesday, June 5, 2018 2 41 41 PM Subject. Fwd Loloff Mine Complaint Investigation https //mail google com/mail/ca/u/0/7w=2&ik=8e52a072bb&/sver=-dxVNc9Y02g en &cbl=gmad fe_180516 06_p8&view=pt&msg=163da4a8d89aa890&search=inboxF 6/7/2018 State co us Executive Branch Mail - Loloff Mine Complaint Investigation [Quoted text hidden] https //mad google com/mail/ca/u/0Pur2&ik=8e52a072bb&tsver=-dxVNc9Y02g en &cbl=gmail_fe_1 80516 06_p8&view=pt&msg=163da4a8d89aa890&search=mbox8 DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this r day of o , 2020 by and between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8 Street, Suite 130, Greeley, Colorado 80631, Loloff Construction, Inc ("Loloff'), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631, Global Asset Recovery, LLC ("GAR"), whose address is 6530 Constitution Dr , Fort Wayne, Indiana 46804, and Diana Taylor whose address is 665 Balsam Avenue, Greeley, Colorado 80631 ("Taylor") (collectively, the "Parties") RECITALS 1 GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue in Weld County, Colorado BAI operates the Derr Pit as an active sand and gravel mine under Permit No DRMS M-2008-017, issued by the Colorado Division of Reclamation, Musing, 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, BAT, 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 Taylor owns Parcel No 096104301009 at 665 Balsam Avenue ("Property"), which hes south and west of the Amendment Area North Weld County Water District provides potable water service to the Property 6 Taylor has opposed BAI's efforts to amend the USR Permit, 2MJUSRI9-08-1660, in oral testimony before the Weld County Board of County Commissioners and in letters submitted to Weld County and entered into the record for the USR permit amendment proceedings 7 Taylor's opposition to the USR Permit amendment is primarily, though not exclusively, based on its belief that existing mining operations at the Loloff and Derr Pits have negatively impacted a water well on the Pioperty ("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 gi oundwater 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 I. Purpose of Agreement The purpose of this Agreement is to address Taylor's concerns related to BAI's and LolofPs existing and planned mining operations, have Taylor withdraw its opposition to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, 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 BAI's efforts to obtam final authorization from Weld County to expand its mining operations into the Amendment Area \ II. 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 be generated by operations C Traffic 2 i 1 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 Paicel No 096104301009 (domestic) that Taylor believes will be impacted by the operations E Trees Taylor believes trees on Parcel No 096104301009 were impacted by the Loloff Pit mining and requested replacement of 15 trees Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits III. Obligations of the Parties To fully and completely address Taylor's concerns regarding BAI's and Loloffs past and planned mining operations; to allow Taylor to withdraw its objections to BAI's efforts to amend the USR Pernut 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 (Take Brake) by vehicles servicing the Loloff Pit 2 Dust a BAI shall comply with all applicable dust requirements contained m amended USR Permit No 2MJUSRI9-08-1660, State laws, and local ordinances BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment 3 b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air Pollution Control Division permits for the 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 2MJUSRI9-08-1660, State laws, and local ordinances BAI will ensure that dnvers 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 III B 3 hereof Such monitoring shall consist of measuring the static water level in the well BAI shall send the monitoring results to Taylor each month by certified mail. c If monthly monitoring shows that the watei level in the existing domestic well on the Pioperty gets to a level where pumping is no longer possible, BAI shall, within ten days of such water level measurement and at its sole expense. hire Quality Well and Pump of La Salle, Colorado to check the pump in the affected well and repair to allow continued production During the time the well is out of service BAI would continue to pay the North Weld Water District water bill and assist with plumbing changes to make the potable watei 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 1 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 2 Taylor shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment Area Taylor shall not, to a Government Authority or otherwise, protest, condition, delay, prevent, or oppose in any way such efforts by BAI, or encourage or facilitate others to do so As used m this Agreement, "Government Authority" includes the Weld County Board of County Commissioners, and any other federal, state, or local entity with authority to authorize, regulate, police, or oversee BAI's mining operations 3 For the Term of this Agreement, Taylor shall provide BAI representatives access to the Taylor well during reasonable business hours to perform the monitoring required under Subparagraph III A 4 b hereof 4 For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Taylor shall fiist 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 Authonty 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 pei son for purposes of this provision Kelly A Hodge kahodge 1 @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 momtoring 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 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 Taylor well VI. Term The Term of this Agreement shall be from its execution until DRMS releases the reclamation bonds on the Loloff and Den Pits, including the Amendment Area Obligations created herein relating to only one of the pits shall terminate with the release of the reclamation bond for that pit VII. Preservation of Future 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 Den Pits occurnng after execution of this Agreement, and that Taylor 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 nghts, 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 piovision D This Agreement has been negotiated between and among the Parties, each of whom had adequate opportunity to consult legal counsel Therefore, this Agreement shall not be interpreted against any Party as the "drafter," but shall be construed in a neutral manner E This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior negotiations, understandings, conversations, correspondence, and agreements between the Parties Unless otherwise set forth herein, this Agreement may not be modified or amended, except by a writing signed by all Parties 6 F This Agreement binds the Parties, their successors, and assigns No Party shall assign or transfer its interest in this Agreement without the pi ior 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 J j LOLOFF CONSTRUCTION, INC BY c TITLE 1' 9 GLOBAL ASSETS REC• ' RY, LLC BY TITLE Diana Taylor BY TITLE 7 P 107123 Derr Gravel Pit1Drawings'ExhibitslJTOverall Permits Exhibit dwg Permits 1/30/2020 2 35 47 PM 800 400 0 800 SCALE IN FEET E hip 44 Js&T Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton, CO 80621 303-857-6222 Broken Arrow investments Derr Pit Permit Boundaries Dote 1 30 2O Job No O7123 Drown TPY Scale 1'=800 Sheet 1 Of 1 Ms Barbara Kirkmeyer Board of County Commissioners Weld County, Colorado 1555 North 17in Avenue Greeley, CO 80631 bkn kmever(weldgov com RE. 2MJUSRI9-08-1660 -- Derr Sand and Gravel Mine Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Kirkmeyer - Via Email This letter is to formally withdraw my opposition to Broken Arrow Investments, LLC's ("BAI") application to amend Use by Special Review ("USR") Permit No USR-1660 to allow expansion of the Derr Sand and Gravel Pit at 590 North Balsam Avenue I had pieviously 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) DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this &7 day of /'1r�lL , 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 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 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 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 Parker owns Parcel No 096104200012 at 211 North Balsam Avenue ("Property"), which lies immediately west of the Amendment Area North Weld County Water District provides potable water service to the Property 6 Parker has opposed BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, in oral testimony before the Weld County Board of County Commissioners and in letters submitted to Weld County and entered into the record for the \USR permit amendment proceedings 7 Parker's opposition to the USR Permit amendment is primarily, though not exclusively, based on its belief that existing mining operations at the Loloff and 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 I. 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 authonzation from Weld County to expand its mining operations into the Amendment Area H. 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 Paiker 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 Loloffs past and planned mining operations, to allow Parker to withdraw its objections to BAI's efforts to amend the USR Permit 2MJUSRl9-08-1660, 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 prolubit the use of compression release brakmg (Jake Brake) by vehicles servicing the Loloff Pit 2 Dust a BAI shall comply with all applicable dust requirements contained in amended USR Permit No 2MJUSRI9-08-1660, State laws, and local ordinances BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which 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 Packer 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 ceitified mail b If monthly monitoring shows that the water level in the existing domestic or stock well on the Pioperty 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, lure 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, 2MJUSRI9-08-1660, 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 encoui age or facilitate others to do so As used in this Agreement, "Government Authority" includes the Weld County Board of County Commissioneis, and any other 4 federal, state, or local entity with authority to authorize, regulate, police, or oversee BAI's mining operations 3 For the Term of this Agreement, Paiker 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 Foi the Term of this Agreement, except m an emergency that presents an imminent threat to life or property, Parkes 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 kahodeel@comcast net 970-566-5090 IV. Conditions Precedent 9V- cie611 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 requned by applicable law, shall commence upon execution of this Agreement, except that obligations 'elating to the Amendment Area shall be triggered by commencement of mining operations therein B BAI's obligation to perform the monitoring required by Subpaiagraph III A 4 b , hereof, shall commence on the execution of this Agreement and continue throughout its Term so long as Parker provides access to the well as specified in Paragraph III B 3 of this Agreement V. No Admissions By entering this Agreement, no Party makes any admissions as to the possible effects of existing and planned mining operations on the Parker well VI. Term The Term of this Agreement shall be from its execution until DRMS releases the reclamation bonds on the Loloff and 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 foi 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 momtonng 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, m any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement, of 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 wntmg 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 mole counterparts, each of which shall be considered an original but all of which, taken together shall constitute one and the same legal instrument IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the date first written above BROKEN ARROW INVESTMENTS, LLC, 6 BY TITLE LOLOFF CONSTRUCTION, INC BY: TITLE. V GLOBAL ASSETS RECOVERY, LLC BY TITLE )4 a h e f P Silvia Parker BY %� .77:TITLE 6.2tIl P107123 Derr Gravel Pit\Dravnngs\ExhibitsUT-Overall Permits Exhibit dwg Permits 1/30/2020 2 35 47 PM V` 'v St qa-ti 'b Jr4t,+,3 ±r V G' STREET :._� } t _ll:: r _ ,:::'''''''::: A..r.- ZJtrr 1 t�+ry ^ l 1I 800 400 0 DS POD' skyti � MERIT r , ,4L F _t r ,' r t'/) 'a 41 T tT! ,,,, - I U 11 t �y Y 263 -- ' _ �n� 4 � - nl 800 1' SCALE IN FEET e-ir J&T Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton CO 80621 303-857-6222 Broken Arrow Investments Derr Pit Permit Boundaries Date 1 30 20 Job No 07123 Drawn TPY Scale 1 '=800' Sheet 1 Of 1 ( 2 Ms Barbara Kirkmeyer Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 bkirkmever(aiweldgov corn 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) aE WV 222018 SON OF RECLAMATION STATE OF COLORADO MINING ANDSAFETY MINED LAND RECLAMATION BOARD PARTY STATUS WITHDRAWAL FORM In the matter of File No M- 2OCiq - 0 (7 , Permit/Permit Amendment Application Name of Operator/Applicant and Site, roie_e_, A frC"j1 ) I Derr Pik— V I hereby withdraw as a patty to this matter vt\lcs4 L. LC I hereby t► tthdraw as a party to this matter and, if the Board holds a heat mit, I wish to address the Board at the formal heat ma, if held, as a non-party (Please note that if all objecting parties nithdraw prior to the date set for the Board's consideration of the application, the application may be approved by the Office without the Board Bolding a hearing In that went, there NA ill be no opportunity to address the Board on any issues related to the application Also, the Board is not obligated to consider any issues raised by a person or an entity that has v. ithdran n as a party ) Regardless of a party status, the Division thoughtful]} considers each issue submitted in writing to the Drs ision and pros ides a response to those issues m ithin its Jurisdiction in the Division's ' Rationale for Recommendation " The Rationale is available to any person by contacting the Division For persons who do not wish to become a party or withdraw as a party in this matter please Lontact the Division for information on application status HOS Itti�� LYtcl LL Printed Name POa (I Address K8 rsc-2-1 Co City, State 0041.1.0s�, t1 e itocic � it Address/ --/ x Signature �Gncr C - so c,LP-1- Zip Code 4b -r' 12 1 Home Phone tz L Work Phone r (770) FAX r D51.2_/(? - Date &?O,,',\'‘Ir 1 LA Hoshik. Farms, LLC Post Office Box 119 Kersey, Colorado 80644 Phone (970) 330-8780 Fax (970) 330-1482 INVOICE Date November 15, 2016 To Mill Iron Mining, LLC Re Concrete irrigation box (See attached invoice) TOTAL _ $1,600.®0' *Total payment in full due upon receipt THANK YOU ( ( f t _/ i. k.. S .4„. i v 1 1 Q , ,11 I I r� i 1 V� f ♦ csy 7111 , 'Y I I ' i l t Fe' 47 �/ P e Con9ete Seryice 30 years experience CONCRETE ESTIMATE OFFICE PHONE 970 353/037 PROPOSAL SUBMITTED TO -tte 2124 EAST 18TH STREET _ _ GREEL,EY, CO 80631 PHONE 3 4f 6.sM:.W3T G X717 JOB NAME im STREET DATE NAME s HO S EF I K4 FARMS STREET -- — — — — CITY STATE ZIP cIl Y SPATE 0 Driveway 0 Sidewalk © Curb & Gutter 0 Patio ❑ Steps ❑ Retaining Wall Q Foundations ❑ Floor 0 Other C kkc (` e; s e 04-0 v e d r d c c iLf 9 A f l / Co c C ve 5 l,Z VisitERETR ;104il40 WELL 00 WHAT THEY CAN'T OO ' Residential 0 Commercial a Agricultural r l X11 __63• 6 A c l --/#7 // 7/,6 Blas (Cuco) Guerra Mobile (970)539-1494 tkccerIr_D Bbl DATE President Office (970)353-7037 GuerraConcreteService@comcast net Total. r 6 e20. c5c exh;►b►lv '5 May 20, 2020 Weld County Planning 'Attu Kim Ogle 1555 North 17th Ave Greeley, CO 80631 RE 2MUSR19-08-1660 Derr Pit Mr Ogle My property address is 605 Cherry Ave Greeley CO 80631 My property shares a west and north fence line with the Derr gravel Pit There are damages to my north and west fences from the mining operation My domestic well has run out of water Quality Well and Pump lowered my pump in 2014 because it was running out of water I had water in the well until 2016 when it went dry again I object to the Amendment to the Derr Pits Regards, (...,)42.,..b Jeanette Snow a __ 1 e Ct' 1Lc ORIGINAL PERMIT APPLICANT(S) JEANETTE SNOW APPROVED WELL LOCATION Water Division 1 Water District 3 Designated Basin N/A Management District N/A County WELD Parcel Name N/A Physical Address 503 CHERRY AVENUE GREELEY, CO 80631 NE 1/4 SE 1/4 Section 4 Township 5 0 N Range 65 0 W Sixth P M UTM COORDINATES (Meters, Zone:13, NAD83), Easting 528851 1 Northing 4475335 9 REGISTRATION OF EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action 2) Construction details for this existing well have not been provided to this office, therefore, it is not known if the construction of this well is in compliance with the Water Well Construction Rules, 2 CCR 402-2 The issuance of this permit does not relieve the well owner of responsibility or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer assume any responsibility or liability should contamination occur 3) This well is recorded and permit approved in accordance with CRS 37-92-602(5) for historical use as indicated herein and described in CRS 37-92-602(1)(e), being a well producing 25 GPM and used for ordinary household purposes inside one (1) single family dwelling, fire protection, and the irrigation of not more than 0 5 acre of home gardens and lawns 4) The date of first beneficial use, as claimed by the applicant, is October 14, 1958 NOTE The uses identified in condition #3 above are based on the Applicant's written claim regarding the histoncal use of this well prior to May 8, 1972 These uses have not been verified or confirmed by field inspection from DWR staff Any expanded use of this well occurring on or after May 8, 1972, or any use that had been abandoned by 10 or more consecutive years of non-use, shall not be covered by this permit NOTE This well was decreed as Scheller Well 2 in Division 1 Water Court case no W4663 This well was decreed for 0 0555 cfs (25 gallons per minute) for domestic use At the date of the entry of this decree with the court on June 27, 1972, the well owners were W J and Rose M Scheller, Route 4, Box 1118B, Greeley, CO 80631 issued By BRIANNA KRAUSER Date Issued. 5/20/2020 Expiration Date' N/A Printed 05-20-2020 For questions about this permit call 303 866 3581 or go to www water state co us Page 1 of 1 Ext:0 1-1 Broken Arrow Investments, LLC 801 8``' Street, Suite 130 Greeley, CO 80631 695 Cherry Ave, LLC do CTMI, LLC 6115 Camp Bowie Blvd -Suite 152 Fort Worth, TX 76116-5512 July 17, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 Den- 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th Avenue, 3rd Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8`11 Street, Suite 130 Greeley, CO 80631 David Bliss 13165 E County Line Rd Longmont, CO 80504 July 17, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th Avenue, 3rd Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8`1, Street, Suite 130 Greeley, CO 80631 Diana Taylor 655 Balsam Avenue Greeley, CO 80631-9714 July 17, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th Avenue, 3`d Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM. If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 Dixie Ann Hoffner & Jerry Winters 49 Willowcroft Dnve Littleton, CO 80123-7908 July 17, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th Avenue, 3rd Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC l Broken Arrow Investments, LLC 801 8`11 Street, Suite 130 Greeley, CO 80631 Gene Murata 22000 County Road 62 Greeley, CO 80631-9601 July 1'7, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit , Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th_ Avenue, 3`d Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 Hoshiko Land, LLC PO Box 119 Kersey, CO 80644-0119 July 17, 2019 Re. Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project. The meeting will be at 800 8th Avenue, 3`d Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 James Koehler Revocable Trust 1001 East C Street Greeley, CO 80631-9580 July 17, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th Avenue, 3rd Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 , Jeanette Snow 503 Cherry Avenue Greeley, CO 80631-9716 July 17, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th Avenue, 3rd Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8`i` Street, Suite 130 Greeley, CO 80631 Robert Francis P O Box 843 Greeley, CO 80632-0843 July 17, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th Avenue, 3rd Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 Silvia and Verne Parker 211 North Balsam Avenue Greeley, CO 80631-9572 July 17, 2019 Re Community Meeting for Derr Pit Proposed Amended USR Permit Community Members 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 We are hosting a community meeting where we will have representatives discuss all aspects of the proposed project The meeting will be at 800 8th Avenue, 3rd Floor, Greeley CO 80631 on August 2, 2019 at 3 00 PM If you have any questions leading up to the event, please let us know We can be reached by calling our office at (970) 566-5090 Sincerely, Kelly Hodge Broken Arrow Investments, LLC Le Complete items 1, 2, and 3 © Pnnt your name and address on the reverse so that we can return the card to you Ili Attach this card to the back of the mailpiece, or on the front if space permits David Bliss 13165 E County Line Rd Longmont, CO 80504-9796 I�III� 9590 9402 3805 8032 5737 27 ICI INIII II I I I IIIII IIIIIIiIIFt D is delivery address different from item 1? O Yes If YES, enter delivery address below ❑ No 3 Service Type CI Adult Signature O Adult Signature Restricted Delivery ertitled Mail® Certified Mail Restricted Delivery 0 Collect on Delivery 2 Article Number (Transfer from service label) 0 Collect on Delivery Restricted Delivery 7 017 3380 0'000 7022 7706 Restricted Delivery' , i ❑ Priority Mall Express® ❑ Registered Mail° O Registered Mall Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 m Complete Items 1, 2, and 3 • Pnnt your name and address on the reverse so,that we can return the card to you Si Attach this card to the back of the mailpiece, or on the front if space permits Jeanette Snow 503 Cherry Ave Greeley, CO 80631-9716 III �II�I III' Ill�l 'III lIIIliI1Iiii 9590 9402 3805 8032 5745 57 ure \ Domestic Return Receipt i ❑ Agent —E-_f Addressee D Is delivery address different from item 1? O Yes If YES, enter delivery address below O No 3 Service Type ❑ Adult Signature O Adult Signature Restricted Delivery faCertifled Mail® ❑ Certified Mail Restricted Delivery O Collect on Delivery 2 Article Number (Transfer from service label) iaColiecr on Delivery Restricted Delivery 1 Mall 7017 3380 0000 7022 8406, rover�0loflRestr(otedDelivery. PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I ❑ Priority Mall Express® O Registered MailTM+ ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise O Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery 7, r lH Complete items 1, 2, and 3 ® Pnnt your name and address on the reverse so that we can return the card to you IS Attach this card to the back of the mailpiece, or on the front if space permits -_ James Koehler Revocable I Trust 1001 E C St Greeley, CO 80631-95980 �Iisl IIIIIIIIIII �I IIIII IIIIIIII'I 9590 9402 3805 8032 5737 72 A. Signature �❑ Agent r0 K / " V O Addressee D Is delivery address different from item 1? If YES, enter delivery address below O Yes O No 3 Service Type ❑ Adult Signature O Adult Signature Restricted Delivery s -Certified Mall® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery 2 _ Article Number (Transfer from servtceJabef _ ❑ Coflectnn Delivery Restricted Delivery ail 7 017 3380 0000 7022 7713 )I Restricted Delivery ,uve, acuu PS Form 3811, July 2015 PSN 7530-02-000-9053 ❑ Pnority Mad Express® ❑ Registered Mail" ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise 0 Signature Confirmation*", O Signature Confirmation Restricted Delivery Domestic Return Receipt t E,K":%b'‘ ' o • Complete items 1, 2, and 3 la Print your name and address on the reverse so that we can return the card to you m Attach this card to the back of the mailptece, or on the front if space permits !IIIII Gene _ Murata 22000 County Road 62 Greeley, CO 80631-9601 1111 IIII�IIIIIIIIII I Bill III 9590 9402 3805 8032 5745 64 tVXMIrrin: "" r r<.94s:ate- � r ran573;1- , i . 1::.4g. . COMP,_,C•,,rrE��7.F�.gT -IISI SSVE. e�:T�I�ONe0Isii::DyELIVER�,�Yry��w�+��;k: . viltt'k'(4, adiiL'.Z';:i.'29rv�'l'_h.'.'rC .1ktr, tl.l�-�Y,J.e...i'.?T.s'.7+g tuts A. SJf)1 �/1/ j/' i Agent �f `/ ❑ Addressee B )Received by (Printed Name) C Date of Dehvery D Is delivery address different from item 1? O Yes ' If YES, enter delivery address below ❑ No 3 Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery t Certified Mail® O Certified Mall Restricted Delivery ❑ Collect on Delivery 2 Article Number (rrans(erlrom senrlcaiabeil _ El Collect o,aDelivery Restricted Delivery 7 017 3380 ,0000 7022 8 413 ail Restncted Delivery rover aou PS Form 3811,'July 2015 PSN 7530-02-000-9053 ❑ Priority Mall Express® ❑ Registered Mallru ❑ Registered Mall Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation," ❑ Signature Confirmation - Restricted Delivery Domestic Return Receipt I® 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 mailpiece, or on the front if space permits Dixie Ann Hofffier & Jerry Winters - 49 Willowcroft Dr -Littleton, CO 80123-7908 II IiII�IIIIII III �II1011 IIIIII IIIII 9590 9402 3805 8032 5745 40 : C am. . -,,, zrr-rv5 , C o ) EFE tTFkI1S?'SEGTI0 N- 0• EL VE':Ya , A. Signature X „z„,, lnt . O Addressee C Date of Delivery -(9-,19 B eceived by (Pnnte¢¢ Name) O 2- 4G,. ff 4s l5 c D Is delivery address different from item 1? O Yes If YES, enter delivery address below Q -No 3 Service Type O Adult Signature Oirdult Signature Restricted Delivery 0Trertlfied Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery .2_Artrcle_Number-frrancfarfmm eenneca tnhnn____ O Collectio1n Delivery Restricted Delivery Mail 7017 3380 0000 7022 8390 _ !Mal Restricted Delivery i ,uric, a40) PS Form 3811, July 2015 PSN 7530-02-000-9053 ® Complete items 1, 2, and 3 El Print your name and address on the reverse so that we can return the card to you El Attach this card to the back of the mailpiece, or on the front if space permits Diana Taylor 665 Balsam Ave Greeley, CO 80631-9714 I I III IIII Mill I II I I I I Mill I I I I I 9590 9402 3805 8032 5745 88 2 Article Numberff,ansfer_from service label)__ 7018 3090 0000 9580 4 O Priority Mail Express® ❑ Registered Male" O Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation" O Signature Confirmation Restncted Delivery Domestic Return Receipt D Is delivery address different from item 1? O Yes If YES, enter delivery address below ❑ No 3 Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery 5I'Certified Mall® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restncted Delivery 066 til Restncted Delivery '1 O Pdonty Mall Express® ❑ Registered Mail"' O Registered Mall Restricted Delivery O Return Receipt for Merchandise O Signature Confirmation"' O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic ryeiunt Receipt 1 i 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 mailpiece, or on the,front if space permits 1 Article dr2,Addre/ssed to CS' 9 J 1. Jl adf, 0/c %-)/ ''c tL //.5 -- lot- > iL AV) ( i ( 'I (a/lG -≤ 72 III IIIIIIIII IIIIIIIII1111 IIIIIIIIII 9590 9402 3805 8032 5746 01 2 Article Number (Transfer from service label) - 7018 309,0 0000 9580 4080 aM•LEfiETHfSrSECTIaNnoN eEL1l!E % A. Signature - t _f //' ❑ Agent )(/((� ��/V(i� _ El Addressee B1 Received by (P 11PlrO( tin 1---e. ted N ) one_ Q. C Date of Delivery I D Is delive address different from item 1? If YES, enter delivery address below 0 Yes 0 No 3 Service Type ❑ Adult Signature Q Adult Signature Restricted Delivery Certified Made ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery Collect gnpelivery Restricted Delivery dl id Restricted Delivery o Priority Mall Express® ❑ Registered Malin ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmations' ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 ® 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 111111 9590 9402 3805 8032 5737 34 Hoshiko Land LLC PO Box 119 Kersey, CO 80644-0199 IIII I�III IIIIIIII 111111111 I I IIIII Domestic Return Receipt vrur''1,• feRE �•s.'S"E s �> IYE'J�.�i u. `a.)tr}w'r .LI A Sig ure 0 Addressee Received • et , 5 (PnnLd N {-7- s' ../-- C Da of D very 7/23 l D Is delivery address different from item 1? 0 Yes If YES, ente,deltvery aqdress below ❑ No 4 r a C„, IcI; ; 75117,1, 3 Service y"-pe._-' / ❑ Adult Sigdatu 6n ) 3,,f urd•R o Adult Signatestr&dbelivery f Certified Mall® ❑ Certified Mad Restricted Delivery ❑ Collect on Delivery 2 ertioles)umber1rransfecfrom service label) ❑ Collect on Delivery Restricted Delivery 7 017 3380 0000 7022 7690 - M -J0)i Restncted Delivery PS Form 3811, July 2015 PStut3,1 �)403c1Aesq a s t ® Complete items -1, 2, and 3 a 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 mailpiece, or on the front if space permits 1 Article Addressed to ?M >� fva QC�� ez�ic , Co g)to3 a - III9 �II9IIIIIIIIIII IIIIIIIIII 1111111 9590 9402 3805 8032 5745 95 I Tin....M. II ,...�..a..n-- - D is deli ery address different from Item 19 0 Yes If YES, enter delivery address below ❑ No ❑ Pnonty Mall Express® ❑ Registered MaiP1 ❑ Registered Mall Restricted Delivery O Return Receipt for Merchandise O Signature Confirmations" ❑ Signature Confirmation Restricted Delivery ►rliitirr11frlTior.144W RrtikiNW! 1I A. Signature ❑ Ant Addressee 3 Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery 'Certified Mail® O Certified Mall Restricted Delivery ❑ Collect on Delivery C) rnnar-ton Delivery Restricted Delivery 7 018 3090 - 1.100, .,9.5.8 IJ .4 0 7 3r- ; i Lldl ReSlnctt:dDelivery iuveYyOdO) ❑ Priority Mad Express® ❑ Registered Mail" o Registered Mall Restricted Delivery O Return Receipt for Merchandise ❑ Signaturg Conflgriations' ❑ Slgiraterg,Conamildlcn t Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 1 Complete Items 1, 2, and 3 - ® Pnnt your name and address on the reverse so that we can return the card to you In Attach this card to the back of the mailplece, or on the front if soace nerm,tc_ ___--_ Sylvia & Verne Parket 211 Balsam Ave Greeley, CO 80631-9572 III 9590 9402 3805 8032 5745 71 I II III I IIIII II I II I I II ill 2._Article Number fTiansferiromservice label) 7018 3090 0000 9580 140 j.M LET&fH!S,SECTI.eNr0N o_ L•�I%E'Y�?�4 t`h :Y A Signature XO Agent 0 Addressee S ceivg by (Panted Name) C Date of Delivery D Is delivery address different from item 1? 0 Yes If YES, enter delivery address below O No 3 Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery t3'Cerhfied Mad® ❑ Certified Mad Restricted Delivery ❑ Collect on Delivery - CI Collect on Delivery Restricted Delivery Had 59 Mail Restricted Delivery 1 ❑ Priority Mail Express® ❑ Registered MaltTM ❑ Registered Mall Restricted Delivery ❑ Return Receipt for Merchandise O Signature Confirmation O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt t SETTLEMENT AGREEMENT w fi� THIS SETTLEMENT AGREEMENT ("Agreement") is made this' day of rAii 2020 by and between Broken Arrow Investments, LLC ("BA1"), ), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631; Loloff Construction, Inc. Molar), 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, collectively the "Companies," and the James R. Koehler Revocable Trust ("Koehler") The Companies and Koehler shall he jointly referred to as the "Parties" in this Agreement. RECITALS 1. The Companies have common, though not identical, interest in the matters addressed by this Agreement. 2. Loloff owns and operates the Loloff Sand and Gravel Pit ("Loloff Pit") located directly across North Balsam Avenue from the Derr Pit, which is described in the following recital. Loloff operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985- 112, issued by the Colorado Division of Reclamation, Mining, and Safety ("DRMS"). A slurry wall liner was installed around the Loloff Pit in 2017. 3. 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. 4. 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"). 5. BA1 also requires Weld County approval to expand mining 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 Permit, 2MJUSR19-08-1660 ("USR Amendment Application"), as the final authorization necessary to begin mining the Amendment Area. 6. Koehler owns Parcel No. 080333000017 at 1001 East C Street ("Koehler Property"), which lies immediately north of the Amendment Area, on which Property is situated three groundwater wells represented by Well Permit No. 314644 (stock well), Permit No. 314643 (domestic well), and Permit No. 11564 (irrigation well), collectively the "Koehler Wells". North Weld County Water District provides potable water service to the Koehler Property. 7 Koehler, through its spokesman, Melvin Bickling referred to in this Agreement as "Bickling," has opposed BAI's USR Amendment Application through oral testimony, written statements, or both before the Weld County Board of County Commissioners, and in letters submitted to Weld County Planning Department staff which have been entered into the record as part of the USR Amendment Application 8 Koehler's opposition to the USR Amendment Application is related to, in part, concerns regarding the potential impacts of dewatering activities within the Derr Pit and Amendment Area on the Koehler Wells 9 The Companies and Koehler disagree as to whether and to what extent existing mining operations at the Loloff Pit and Derr Pit have impacted the Koehler Wells, and disagree further as to whether and to what extent future mining in the Amendment Area will impact the Koehler Wells 10 In an effort to resolve that disagreement, as well as address all other remaining concerns of Koehler related to operation of the Loloff Pit, Derr Pit, and the Amendment Area, and allow BAI to obtain approval of the USR Amendment Application, as well as Koehler's objections to Weld County regarding the USR Amendment Application, the Companies and Koehler desire to enter into this Settlement Agreement THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Companies and Koehler agree as follows COVENANTS AND CONDITIONS 1. Purpose of Agreement The purpose of this Agreement is to address Koehler's concerns related to BAI's and Loloffs existing and planned mining operations at the Loloff Pit and the Derr Pit and Amendment Area, such that Koehler, either directly or through its representative, withdraws its opposition to BAI's efforts to get approval of the USR Amendment Application, and to fully resolve all issues and obligations between the Companies and Koehler related to operations at the Loloff Pit and the Derr Pit, including the proposed operations within the Amendment Area This Agreement is further intended to facilitate BAI's efforts to obtain final approval from Weld County on the USR Amendment Application by defining certain objective triggers and subsequent mitigation requirements related to Koehler's concerns The Agreement also binds Koehler, and its representatives, , to first attempt to work out future disagreements related to the mining operations with the Companies as they arise directly with BAI 2. Identification of Concerns 2 Koehler identifies the following concerns ("Concerns") as the basis for its objection to USR Amendment Application, some of which relate to existing operations at the Derr Pit and Loloff Pit A Noise - concerns about noise that will be generated by operations in the Amendment Area B Dust - concerns about dust that will be generated by operations in the Amendment Area C Traffic - concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles D Water Wells — concerns that the Koehler Wells will be negatively impacted by the operations at the Den Pit, including the Amendment Area 3. Obligations of the Parties To fully and completely resolve Koehler's Concerns regarding BAI's and Loloff's past and planned mining operations of the Loloff Pit, Derr Pit, and BAI's expansion of operations into the Amendment Area, the Companies and Koehler agree to the following mitigation efforts to address the Concerns 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 c BAI shall install and maintain a berm around the active mining areas within the Amendment Area The berm area shall be planted with trees and native grasses The trees shall be irrigated by a drip irrigation system and the native grasses will be irrigated by a temporary sprinkler system If a tree planted within the berm area fails to survive and said tree dies within one year of being planted, it shall be replaced by BAI The northern boundary of the berm shall be originally constructed no less than 150 feet from the center line of County Road 62, though BAI shall have the right, but not the obligation, to relocate the berm to no less than 80 feet from the center of County Road 62 in the future as mining operations dictate within the Amendment Area 3 2 Dust a BAI shall comply with all applicable dust requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which specifically address i 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 has received a quote from Quality Well and Pump to upgrade and repair the existing Koehler irrigation well The quote is attached as Exhibit B Koehler agrees that the services shown in the quote are a reasonable attempt to mitigate any impacts related to dewatering of the Derr Pit BAI shall pay for all services shown in said quote All work described in Exhibit B regarding the work completed on the Koehler irrigation well shall be covered under warranty for two years b BAI shall submit a technical revision to DRMS for the Derr Pit, including the Amendment Area ("Derr Technical Revision") The Derr Technical Revision shall include the following mitigation items i The Koehler Wells (among others) shall be included as "Permanent Man -Made Structures within 200 Feet of the Affected Land" as that phrase is used within Permit No DRMS M-2008-017 ii BAI, or its selected third -party representative, shall perform monthly groundwater monitoring at each of the groundwater wells identified in Exhibit C The monthly monitoring data shall be submitted to Koehler and the DRMS on a monthly basis The groundwater wells to be included within this monitoring program specifically include the Koehler Wells and Koehler agrees to grant access to BAI, or its selected third -party representative to the Koehler Wells for purposes of such monitoring If such access is denied in the future, then BAI shall be relieved of the requirements of 3(A)(4)(b)(ii)-(iii) and 3(A)(4)(c) of this Agreement in If the results of the monitoring data referenced in the preceding paragraph demonstrate that there has been greater than a two (2) foot drop in the groundwater levels over the historic average groundwater levels for the month in which the level was measured at the Koehler Wells in two consecutive months, which reduction is proximately caused by dewatering at the Derr Pit, including the Amendment Area, then BAI shall, within seven (7) days submit a mitigation plan to Koehler and DRMS Such mitigation plan may include, but is not limited to the following mitigation efforts (a) enhanced recharge operations around the Amendment Area or Derr Pit, (b) resetting of existing well pumps on the advice and recommendation of an agreed upon company with expertise in such fields, (c) rehabbing the existing well on the advice and recommendation of an agreed upon company with expertise in such fields, (d) provide domestic water through either the City of Greeley system or the North Weld County Water District system at BAI's sole cost, and (e) provide Colorado Big Thompson or other sufficient surface water supplies suitable for irrigation The two (2) foot drop in static water table that is the trigger for the obligations of this paragraph shall be measured against the baseline data collected by BAI through its third party representative since 2019 Koehler acknowledges and agrees that this data is a reasonably accurate estimate of the current water level and that the actions taken pursuant to paragraph 3(A)(4)(i) of this Agreement will mitigate the historical lowering of the water table, if any, resulting from 5 dewatering at the Derr Pit If there is a question as to whether dewatering at Derr Pit is the proximate cause of the reduction in groundwater levels that require the mitigation plan described in this paragraph, then BAI and Koehler agree to work together in good faith to resolve such question If they are unable to resolve such question between themselves, they agree that the Colorado State Engineer Office ("SEO") is the state agency with expertise in determining such matters and both BAI and Koehler shall seek the determination of whether the groundwater level declines in the monitoring wells are proximately caused by the dewatering activities at Derr Pit c If, after performing the reasonable mitigation efforts described in 3(A)(4)(b)(iii) above, and after the upgrades to the Koehler Irrigation Well as shown in Exhibit B have been completed, Koehler fails to produce a crop yield, on a per acre basis, that is within 10% of the average yield on the 70 acres historically irrigated on the Koehler Property, as substantiated by the crop records in Exhibit D hereto, then BAI shall pay Koehler that amount that represents the difference between the actual yield for the year in question and the average yield as shown in Exhibit D This provision is invoked only if the failure to produce an average yield is directly related to a lack of water available at the Koehler irrigation well, which is the result of dewatering at the Derr Pit and does not extend to cover assurances for causes in decreased yield that are outside the control of BAI and the Companies, such as, but not limited to, dewatering activities associated with operations conducted pursuant to mining operations at other locations under different mining permits, pests, intentional fallowing or crop rotations, extreme drought, mechanical failure within the irrigation sprinkler system, and water quality issues d BAI shall install a slurry wall liner around the existing Derr Pit BAI shall, in accordance with the terms and conditions of Revision No AM01, install a slurry wall liner around the area to be mined within the Amendment Area prior to exposing groundwater within the Amendment Area Upon completion of the slurry wall liners described in the previous sentence, BAI shall continue to have access to the Koehler Wells for purposes of gathering water level data, which monitoring data shall continue to be collected and reported monthly until the data shows that the water level is gaining for three consecutive months, at which point the monitoring data described in 3(A)(4)(b)(u)shall be collected quarterly until such time as the DRMS releases the bond associated with the Derr Pit mining permit B Koehler 1 On the same day of the execution of this Agreement, Koehler, either directly or through a represetative, shall provide the Weld County Board of County Commissioners a letter withdrawing all objections to BAI's efforts to amend the USR Permit Application The withdrawal letter shall be substantively similar to the draft letter contained in Exhibit E 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, and shall not, to a Governmental Authority or otherwise, protest, condition, delay, prevent, or oppose in any way such efforts by BAI, or encourage or facilitate others to do so In complying with the spirit of this term, Koehler agrees to direct its representative to refrain from objecting to the USR Amendment Application and the DRMS regarding the Derr Pit Mining Permit Any such statements made by representatives on behalf of Koehler shall constitute a breach of this Agreement 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 coordinate and permit BAI representatives access to the Koehler Wells during reasonable business hours to perform the monitoring required under 3(A)(4)(b)(ii) hereof 4 For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Koehler and its representatives, 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 the issues or concerns before involving others BAI shall have no more than 10 days to respond to Koehler and offer a proposed plan to mitigate the alleged issue and concern of Koehler, though BAI agrees to respond as soon as commercially reasonable to do so If BAI and Koehler disagree on the cause of the alleged issue and concern, which disagreement shall be communicated to Koehler within 10 days of receiving notice from Koehler, then Koehler can proceed to contact the appropriate Government Authority Loloff and BAI designate the following individual as the contact person for purposes of this provision Kelly A Hodge kahodge 1 @comcast net 970-566-5090 7 4. Conditions Precedent BAI's and Loloff s obligation to perform the tasks identified in Paragraphs 3(A)(1) through 3(A)(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 S. 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 6. 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 r 7. 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 at the Loloff and/or Derr Pits, including the Amendment Area, occurring after execution of this Agreement, and provided that Kohler has provided continuous access for well monitoring as required in Paragraph 3(A)(4)(b)(ii ) hereof 8. 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 8 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 9 BROKEN ARROW INVESTMENTS, LLC / BY. TITLE LOLOFF CONSTRUCTION, INC. / BY. TITLE. GLOBAL ASSETS RECO , LLC BY. 41441" a. 7,,,,,4_ TITLE / t 4.et a jeo" JAMES R KOEHLER REVOCABLE TRUST BY TITLE - 10 P \07123 Derr Gravel Pit\Drawings\Exhibits\JT-Overall Permits Exhibit dwg Permits 1/30/2020 2 35 47 PM 4y 7-- a, = I ,,,•.•-•" v:4, �i Cr il r., vi < s (AI- _ �{1 ' r � z 7,_ A '2"')\''' P,.l-__ i r� 5-j i ^7T r Y 1 aa' D_� _ "' �.+ O, Ski ' E C�STREEri - a • Fi, tm.T, e 'I H� PIT_ - f, ,r fit 11� o.J r Vi° _ -3 13 [` , i Gr t, I; f '+ DERR PIT AMENDMENT DiRR 't PIT 7. 3 3" �'rZ 4r r r jirc^ ST BEE - c%e - C _ 4 Si r J CV it _ Y it `� P , l ti 1 r.7„ ! r ., , _�� t ly'₹ N i, 800 400 0 800 SCALE IN FEET 1I UT Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton, CO 80621 303-857-6222 Broken Arrow Investments Derr Pit Permit Boundaries Date 1 30 20 Job No 07123 Drawn TPY Scale 1"=800' Sheet 1 Of 1 Exhibit B Quality Well and Pump Quote 12 P ©P©SALE Repair Quality Well & Pump (970) 353-3118 Name Address City, ST, ZIP Phone Koehler CR438ECst Date mays 2020 Location We hereby submit specifications and estimates for This is an estimate on pulling replacing and setting turbine pump assembly in the same or new well This pump is rated at 1100GPM 150 Ft head with a 30HP thoroughly inspected All changes or modifications to this proposal mil be approved by the customer as the job progresses DESIGN POINT GPM (total) PSI (at pump) Pumping Level Column Losses Design TDH Estimated BHP EsLPumpbowf Ell EsL Pumping plant HP 84 0% Quantity Description Price each Total 1 i Berkeley 12VT1100K Bowl Assy, 2 stage $ 4,812 00 $ 4,812 00 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 10 Col/Tube/Shaft 8/1 5 x 10 ft $ 892 00 $ 8,920 00 1 Split bolt & Elect/Rubber tape $ 92 50 $ 92 50 1 GE Motor, Prem Efficiency 30HP $ 3,232 50 $ 3,232 50 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 pnce on this proposal is an estimate only Upon removing the pump and after furfherinspection additional repairs may be warranted which cannot be anbcipated at this bme The customer shall be informed of and approve any charges above the estimated pnce shown on this proposal All metenals are guaranteed to be as specified All work shall be completed in a workmanlike manner acoerding to standard prechres My alteration or decision from above speaficebons invoking extra costs shall be executed only upon written orders end will become an extra charge over and above the estimate All agreements contingent upon strikes acadenis or delays beyond our control Owner shall cony fire tornado and other necessary insurance Our workers are fully covered by Workman s Compensator Insurance Customer's Acceptance of Proposal The above pnces specifications and conditions are satisfactory and are hereby accepted You are authorized to do the work as specified Payment veil be made as stated above Total $ 20,810 35 Chns Jones Quality Well and Pump Customer Signature Date o 1 7 ✓'„` JS l I Land Owner Wells _ _ _ Montormg_Locations at Land Owner Wells Outside 'Derr Pit Y County i 123 Crop ; Rp.CORA9 Pre IRRIGATED legalDescripton 336N1 Unit Dvscripbcon '14111# K p insureds Sham 1.000 'Other persons sharing m crop Vitt( Number, CU ? G3 TA c F, P! 6189 ,,F,� r:-; 56 CrO r-nr Ywr, TGtsl r�ro�t+.I��r. to 8840.00 1: 1461 r00 12 , 16b23 .13 - 8409.00 46.00 sy - 17612.00 72.30 16 1490100- 2;3 , ; 16 16273.00 iT r'-xsa - 2'06 t- 18 , H 69396,05 19 :A 32981.00 Atrtts 42.50 32.10 eildr 208.0 TA 231.0 1.4 72.30 230 0 TA 18.3.0 TA L 244.13 TA 206.0 TA 229 0 TA L '.:4a T4 237,;ii 230.01 T A L 184.40, -179.0 TA tAl4L bra Fjtei Art Coalietel PrkrrYkld Pau YAid- Rate x461 elo 1C-01 Preivirft4 A A„'I,i JRt.5L„rrlA AtiProt HiP Risk Aares 1 'r I nob 21870j; Rem t0 her: 5t 03116/20 P 05119/20 PE C513T124 Al Mitt Trend Adient Trend Yids: 10T , ADDED LAND 2010 11T=4®4.121.461,13T=190, TresApp VId 218.0 144453,, 15%11 10425. 17Tm244.18T=233,19Ts160 Q,4/4 �d°v✓t�l �te��p .L_KS U vt,f �. C Q • Exhibit E Sample Letter to Weld County Board of County Commissioners 15 Mr Mike Freeman Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 mfreeman(rDwelduov corn RE 2MJUSR19-08-1660 -- Derr Sand and Gavel Mine Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Freeman 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 [ 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, /---'-) LE/) eo,deJ ez cc Kim Ogle, Weld County Planning Services (via email) 1 DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT I("Agreement") is made this 2y day of //�� .TH S AGREEMENT 2020 by and between Broken Arrow Investments, LLC ("BAI"), whose address is 8d1 8th Street. Suite 130. Greeley. Colorado 80631: Loloff Construction, Inc. ("Loloff'), whose address is 801 8th Street. Suite 130. Greeley. Colorado 80631: Global Asset Recovery, LLC ("GAR'. ). whose address is 6530 Constitution Dr.. Fort Wayne. Indiana 46804: and Brian Murata whose address is 29485 County Road 43. Greeley, Colorado 80631 ("Murata") (collectively, the "Parties"). RECITALS 1 GAR owns the Derr Sand and Gravel Pit ("Derr Pit") located at 590 North Balsam Avenue in Weld County. Colorado. BAI operates the Derr Pit as an active sand and gravel mine under Permit No. DRMS M-2008-017. issued b} the Colorado Division of Reclamation. Mining, and Safety ("DRMS"). Loloff owns and operates the Loloff Sand and Gravel Pit ("Loloff Pit") located directly across North Balsam Avenue from the Den Pit. Loloff operates the Loloff Pit as an active sand and gravel mine under Permit No. DRMS M-1985- 112. 2. GAR, BAI, and Loloff, hereinafter collectively referred to as the '`Companies." have common. though not identical. interest in the matters addressed by this Agreement. 3. DRMS amended Permit No. DRMS M-2008-017 for the Derr Pit on June 27. 2018 (Revision No. AMO I ) 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. 2MJ USR 19-08-1660, as the final authorization necessary to begin mining the Amendment Area. Murata owns Parcel No. 096104000066 at 29485 County Road 43 ("Property"). which lies immediately south of the Amendment Area. North Weld County Water District provides potable water service to the Property-. 6. Murata has opposed BAI's efforts to amend the USR Permit. 2MJUSR 19-08-1660. in oral testimony before the Weld County Board of County Commissioners and in letters submitted to Weld County and entered into the record for the USR permit amendment proceedings. 7 Murata's opposition to the USR Permit amendment is primarily . though not exclusively, based on its belief that existing mining operations at the Loloff and Derr Pits have negatively impacted a water well on the Property ("Murata well"). and that additional mining in the Amendment Area will exacerbate such impacts. 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 Murata's concerns, BAI has researched the Murata 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 Murata BAI also hired Quality Well and Pump to provide a new pump and set the pump at a lower depth of 70 feet in the well to provide better capacity and reliability as the existing pump was set at 50 feet of depth 10 The Parties wish to resolve all outstanding issues through this Agreement THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Parties agree as follows COVENANTS AND CONDITIONS I. Purpose of Agreement The purpose of this Agreement is to address Murata's concerns related to BAI's and Loloff's existing and planned mining operations, have Murata withdraw its opposition to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues and obligations between Murata 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 Murata identifies the following concerns as the basis for its objection to the Derr Pit expansion A Noise Murata has concerns about noise that will be generated by operations B Dust ' Murata has concerns about dust that will be generated by operations C Traffic 2 Murata has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles D Water Well Murata has one well on Parcel No 096104000066 (domestic) that Murata believes will be impacted by the operations Some or all of the foregoing concerns also relate to existing operations at the Derr and Loloff Pits III. Obligations of the Parties To fully and completely address Murata's concerns regarding BAI's and Loloff s past and planned mining operations, to allow Murata to withdraw its objections to BAI's efforts to amend the USR Permit 2MJUSR19-08-1660, and to facilitate BAI's expansion of operations into the Amendment Area, the Parties agree as follows A BAI and Loloff 1 Noise a BAI shall comply with all applicable noise requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAI will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Derr Pit, including the Amendment Area b Loloff shall comply with all applicable noise requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Loloff Pit 2 Dust a BAI shall comply with all applicable dust requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAI shall also comply with its Colorado Air Pollution Control Division permits for the Derr Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air Pollution Control Division permits for the Loloff Pit, which specifically address 3 particulate emissions (dust) from the pit and associated mining equipment 3 Traffic a BAI will comply with all applicable traffic requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAI will ensure that drivers servicing the Derr Pit utilize only designated haul routes b Loloff will comply with all applicable traffic requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff will ensure that drivers servicing the Loloff Pit utilize only designated haul routes 4 Water Well a BAI shall perform monthly monitoring on the Murata well that Murata continues to operate after execution of this Agreement, provided Murata grants access to do so in accordance with Paragraph III B3 hereof Such monitoring shall consist of measuring the static water level in the well BAI shall send the monitoring results to Murata each month by certified mail b If monthly monitoring shows that the water level in the existing domestic well on the Property gets to a level where pumping is no longer possible, BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to check the pump in the affected well and repair to allow continued production During the time the well is out of service BAI would pay the North Weld Water District water bill and assist with plumbing changes to make the potable water available for the domestic well irrigation B Murata 1 Within seven days of the execution of this Agreement, Murata shall provide the Weld County Board of County Commissioners a letter withdrawing her objections to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, to allow mining in the Amendment Area Murata's withdrawal letter shall be substantively similar to the draft letter contained in Exhibit B to this Agreement 2 Murata shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment Area Murata shall not, to a Government Authority or otherwise, protest, 4 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, Murata shall provide BAI representatives access to the Murata well during reasonable business hours to perform the monitoring required under Subparagraph III A 4 b hereof 4 For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Murata shall first contact Loloff or BAI with any issues or concerns regarding operations at the Loloff or 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 Murata issues or concerns before involving others Loloff and BAI designate the following individual as the contact person for purposes of this provision Kelly A Hodge kahodge 1 @comcast net 970-566-5090 IV. Conditions Precedent A BAI's and Loloff s obligation to perform the tasks identified in Paragraphs III A 1 through 3 hereof, to the extent not already required by applicable law, shall commence upon execution of this Agreement, except that obligations relating to the Amendment Area shall be triggered by commencement of mining operations therein B BAI's obligation to perform the monitoring required by Subparagraph III A 4 b , hereof, shall commence on the execution of this Agreement and continue throughout its Term so long as Murata provides access to the well as specified in Paragraph III B 3 of this Agreement V. No Admissions By entering this Agreement, no Party makes any admissions as to the possible effects of existing and planned mining operations on the Murata well VI. Term The Term of this Agreement shall be from its execution until 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 5 VII. Preservation of Future Claims Nothing in this Agreement is intended to prevent Murata from asserting future claims regarding the Murata well to the extent such claims are supported by evidence establishing that the claims are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution of this Agreement, and that Murata has provided continuous access for well monitoring as required in Paragraph III B 3 hereof VIII. General Provisions A This Agreement shall be construed according to the applicable laws of the State of Colorado Proper venue for any action to enforce the terms, or arising from the breach, of this Agreement is in Weld County, Colorado B Failure of any Party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not waive such term, covenant, condition, or right with respect to future performance ` C Partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision D This Agreement has been negotiated between and among the Parties, each of whom had adequate opportunity to consult legal counsel Therefore, this Agreement shall not be interpreted against any Party as the "drafter," but shall be construed in a neutral manner E This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior negotiations, understandings, conversations, correspondence, and agreements between the Parties Unless otherwise set forth herein, this Agreement may not be modified or amended, except by a writing signed by all Parties F This Agreement binds the Parties, their successors, and assigns No Party shall assign or transfer its interest in this Agreement without the prior written consent of the others, which shall not be unreasonably withheld G This Agreement may be executed in one or more counterparts, each of which shall be considered an original but all of which taken together shall constitute one and the same legal instrument IN WITNESS WHEREOF, the Parties have caused this instrument to be duly executed on the date first written above 6 BROKEN ARROW INVESTMENTS, LLC BY. TITLE: LOLOFF CONSTRUCTION. INC BY. TITLE: GLOBAL ASSETS RECOVER, LLC BY. TITLE. Brian Murata BY: TITLE: .tea. ,A-1,-- /44 a vz. (. e ," „4.4a.„ O,4, A 7 P \07123 Derr Gravel Pit\Drawings\ExhibitsUT-Overall Permits Exhibit dwg, Permits 1/30/2020 2 35 47 PM --�-`- ¢, i L fr•}t-"-4G tl 5LdB ` rwG^s,� Lt - = am _ 1 11 c r -- Ir �iOLQFF iµ PIT , 1 r+ It ,,E --,e, TH-STS_ , ------ , _ - •A� fYa;iii tr 4 , IT DERR PIT AMENDMENT ' Xi - x :� , `f - '�� 5".'\( , , "1 ' ''' i4 4, s I if. HVl263 800 400 0 800 SCALE IN FEET 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"7800' Sheet 1 Of 1 Mr Mike Freeman Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 mfreeman(weldaov corn RE 2MJUSR19-08-1660 -- Den Sand and Gravel Mine Broken Arrow Investments, LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Freeman 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 Den 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, \;‘)/(/6 cc• Kim Ogle, Weld County Planning Services (via email) SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made this Je� lay ofAlm 2020 by and between Broken Arrow Investments, LLC CBAfl, 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, collectively the "Companies," and Jerry Winters and Dixie Ann Hoffner (who shall jointly be refelT ed to as "Winters/Hoffner"). The Companies and Winters/Hoffner shall be jointly referred to as the "Parties" in this Agreement. BAI, Loloff, and GAR shall be deemed one entity for purposes of this Agreement mid each shall be responsible for its own obligations and liabilities, and also obligated and liable for each other's entity's obligations and liability that are included as `-Companies"_ RECITALS The Companies have common, though not identical, interest in the matters addressed by this Agreement. ?. Loloff owns and operates the Loloff Sand and Gravel Pit ("Loloff Pit") located directly across North Balsam Avenue from the Den Pit, which is described in the following recital, Loloff operates the Loloff Pit as an active sand and grave] mine under Permit No. :DF MS 1-1985- 112, issued by the Colorado Division of Reclamation, Mining, and Safety (``DRIB"). A slurry wall liner was installed around the Loloff Pit in 2017. 3. GAR owns the Derr Sand and Gravel Pit ("Den Pit") located at 590 North Balsam Avenue in Weld County, Colorado. BAI operates the DeIT Pit as anactive sand and gravel mine under Permit No. DRMS M-2OO8-017. 4. 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"). 5. BAI also requires Weld County approval to expand mining 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 Permit, ?MJIJSR19-08-1660 ("USR Amendment Aunlieation"), as the final authorization necessary to begin mining the Amendment Area. 6. Winters/Hof-frier owns Parcel No. 096103000044 at -21138 County Road 62 and Parcel No. 080334000019 (,"Winters Hoffner Property"-), which lies east and north of the Amendment Area, on which property is situated two groundwater wells permitted for itzigationuse, and. represented by Well Permit Nos. 13200-F and I 3199-k, collectively the "Winters/Hoffner Wells." 7. Wmters/Hoffner, through its representative Melvin Bickhng ("Bickling"), have opposed BAPS UV., Amendment Application through oral testimony, written statements, or both before the Weld County Board of County Commissioners, and in letters submitted to Weld County Planning Department staff which have been entered into the record as part of the USE. Amendment Application 8. Winters/Hof±ner's opposition to the USE. Amendment Application is related to, in part, concerns regarding the potential impacts of dewatermg activities within the Derr Pit and Amendment Area on the Witers/Hoffner Wells 9. , The Companies and Wmters/Hoffiierdisagree as to whether and to what extent existing mining operations at the Loloff Pit and Derr Pit have mipacted the Winters/Haffner Wells, and disagree fiirthei as to whether and to what extent future mining in the Amendment Area will impact the Wmters/Hoffner Wells 10. In an effort to resolve that disagreement, as well as address all other remaining concerns of Wmters/Hoffner related to operation of the Loloff Pit, Derr Pit, and the Amendment Area, and allow BAY to obtain approval of the USR Amendment Application, as well as address Winters/Hoffner's objections to Weld County regarding the USR Amendment Application, the Companies and Winters/Hoffner desire to enter into this Settlement Agreement THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Companies and Wmters/Hoffner agree as follows COVENANTS AND CONDITIONS 1. Purpose of Agreement The purpose of this Agreement is to address Winters/foffner's concerns related to BAI's and Loloff's existing and planned mining operations at the Loloff Pit and the Derr Pit and Amendment Area, such that Wmters/Hoffner, either directly or through Bicklmg, formally withdraw their opposition to BAI's efforts to get approval of the USE. Amendment Application 2. Identification of Concerns Wmters/Hoffner identify the following concerns ("Concerns") as the basis for their objection to USR Amendment Application, some of which relate to existing operations at the Derr Pit and Loloff Pit. A Noise - concerns about noise that will be generated by operations in the Amendment Area 2 B Dust - concerns about dust that will be generated by operations in the Amendment Area C Traffic - concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles D Water Wells — concerns that the Winters/Hoffner Wells will be negatively impacted by the operations at the Derr Pit, including the Amendment Area 3. Obligations of the Parties In an effort to resolve Winters/Hoffner's Concerns regarding BAI's and l oloff's past and planned mining operations at the Loloff Pit, Derr Pit, and BAI's expansion of operations into the Amendment Area, the Companies and Winters/Hoffner agree to the following mitigation efforts to address the Concerns A BAY and Loloff 1 Noise a BAY 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 Deft 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 (Take Brake) by vehicles servicing the Loloff Pit c BAI shall install and maintain a berm around the active musing areas within the Amendment Area. The berm area shall be planted with trees and native grasses The trees shall be irrigated by a dnp Irrigation system and the native grasses will be irrigated by a temporary spnnkler system 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 3 b Loloff shall comply with all applicable dust requirements contained m 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. Traffic a BAI will comply with all applicable traffic requirements contained in amended USR Permit No. 2MJUSR19-08-1660, State laws, and local ordinances BAY will ensure that divers servicing the Derr Pit utilize only designated haul routes b Loloff will comply with all applicable traffic requirements contained m 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 c No mining equipment or heavy truck and construction traffic shall exit, enter or access the Amendment Area via Cherry Avenue 4. Water Wells a BAI has submitted a technical revision to DRMS for the Derr Pit, including the Amendment Area ("Derr Technical Revision"), a copy of which is attached hereto as Exhibit B. The Derr Technical Revision shall include, among other items, the following mitigation items I,. The Wmters/Hoffner Wells (among others) shall be included as "Permanent Man -Made Structures within 200 Peet of the Affected Land" as that phrase is used within Permit No DRMS M-2008-017. ii BAI, or its selected third -party representative, shall perform monthly groundwater monitonng at each of the groundwater wells identified in Exhibit C. The monthly momtoring data shall be submitted to Winters/Hoffner and the DRMS on a monthly basis The groundwater wells to be included within this monitoring program specifically include the Wmters/Hoffner Wells, and Wmters/Hoffner agree to grant access to BAI, or its selected third -party representative to the Winters/Hoffner Wells for purposes of such monitoring If such access is denied in the future, then BAI shall be relieved of the requirements of 3(A)(4)(a)(ii)-(in) and 3(A)(4)(b) of this Agreement Access for monitoring shall remain in effect unless revoked in writing by Winters/lloffrier to BAI, or a representative of the Companies in. If the results of the monitoring data referenced in the preceding paragraph demonstrate that there has been greater than a two (2) foot drop in the groundwater levels over the historic average groundwater levels for the month in which the level was measured at the Winters/Hof ner Wells m two consecutive months, which reduction is proximately caused by dewatering at the Derr Pit, including the Amendment Area, then BAT shall, within seven (7) days submit a mitigation plan to Winters/Hoffner and DIZMS Such mitigation plan is only required if the two (2) foot drop in groundwater levels causes a material decrease in the pumping flow rate of the Winters/Roffner irrigation well, and such mitigation plan may include, but is not limited to the following mitigation efforts (a) enhanced recharge operations around the Amendment Area or Derr Pit, (b) resetting of existing well pumps on the advice and recommendation of an agreed upon company with expertise in such fields, (c) rehabbing the existing well on the advice and recommendation of an agreed upon company with expertise m such fields, and (d) provide sufficient Colorado -big Thompson or equivalent surface water for the Winter/Haffner farm crops at BAT's sole cost. The two (2) foot drop in static water table that is the trigger for the obligations of this paragraph shall be measured against the basehne data collected by BAI through its third party representative since 2019 If there is a question as to whether dewatering at Derr Pit is the proximate cause of the reduction in groundwater levels that require the mitigation plan descnbed in this paragraph, then BAI and Wmters/floffner agree to work together in good faith to resolve such question If they are linable to resolve such question between themselves within the next seven (7) days, they agree that the Colorado State Engineer Office ("SEO") is the state agency with expertise in determining such matters and both BAI and Winters/Hoffner shall seek the determination of whether the groundwater level declines in the monitoring wells are proximately caused by the 5 dewatenng activities at Derr Pit If the SEC) does not resolve the issue within thirty (30) days from receiving notice of the dispute by the Parties, then the Parties shall be free to take such legal actions they deem necessary to protect their interests b. If, after performing the reasonable mitigation efforts described in 3(A)(4)(a)(iu) above, Winters/Hoffnei fail to produce a crop yield on the 80 acres histoncally irrigated on the Winters/Hoffner Property The Companies shall compensate Winters/Hoffner for any crop loss or other damages in amount and such other relief as the parties agree If there is no resolution within ten (10) days, Winters/Haffner may contact governmental authorities and take such other action they may choose moluding any legal and equitable remedy provided by law c BAI shall install a shiny wall liner around the existing Derr Pit BAI shall, in accordance with the terms and conditions of Revision No AMO1, install a slurry wall liner around the area to be mined within the Amendment Area prior to exposing groundwater within the Amendment Area BAY shall continue to have access to the Wmters/Hoffner Wells for purposes of gathering water level data, which monitoring data shall continue to be collected and reported monthly until the data shows that the water level is gaining for three consecutive months, at which point the monitoring data shall be collected quarterly until such time as the DRMS releases the bond associated with the Derr Pit mining permit B Winters/Hoffner 1 On the same day of the execution of this Agreement, Winters/Hoffnei, either directly or through Bickhng or another authonzed representative, shall pi ovide the Weld County Board of County Commissioners a letter withdrawing all objections to BAT's efforts to amend the USR Permit Application The withdrawal letter shall be substantively similar to the draft letter contained in Exhibit 1) to this Agreement. 2 Winters/Hoffner shall fully consent to and support BAT's efforts to gain governmental approval to expand mining operations into the Amendment Area 3 For the Term of this Agreement, Winters/Hoffner shall coordinate and permit BAI representatives 'access to the Winters/Hoffner Wells during reasonable business hours to perform the' monitoring required under 3(A)(4)(a)(n) hereof 6 4 Por the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Winters/Hoffner and its representatives, including Bickhng, 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 Authonty The purpose of this initial contact is to allow Loloff of BAT to address the issues or concerns before involving others If Loloff or BAI fail to respond within _ ten (10),days of receiving notice from Winters/Haffner, or Loloff and BAI fail to diligently pursue the concern raised by Wrnters/Hoffner, then Wmters/Hoffner may initiate an action in law or equity. Loloff and BAT designate the following individual as the contact person for purposes of this provision Kelly A Hodge kahodgel®comeat net 970-566-5090 or if not available, any other representative of the Companies 4. Conditions Precedent BAI's and Loloff s obligation to perform the tasks identified in Paragraphs 3(A)(l) through 3(A)(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 5. 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/fioffner Wells 6. Term and Survival of Claims The Term of this Agreement shall be from its execution until DBMS 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 Any claims shall survive the termination of this Agreement 7. Preservation of Future Claims Nothing in this Agreement shall constitute a waiver by the Parties of any claims, causes of action, defenses, and any other action, and all such claims, causes of action, and defenses are preserved by the Parties 8. General Provisions I 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. b 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. 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. B 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 shall be binding on and inure to the benefit of the Parties, their successors, assigns, heirs, and personal representatives. The Parties agree to provide notice to each of other assignment of this Agreement G. This Agreement may be executed m one or more counterparts, each of which shall be considered an original but all of which taken together aha11 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 DIVESTMENTS, LLC BY. TITLE f -e LOLOFF CONSTRUCTION, INC. )BY TITLE. GLOBAL ASSETS RECOVER LC BY. 14(44 ',if" JERRY VONTT, , AND DIXIE ANN HOFFNER BY �,fGQd<<,l�'/rte/ (Jerry Winters) BY: v (Dixie Ann finfTher) 9 Mr Mike Freeman Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 mfreernan@weldgov corn RE 2MJUSR19-08-1660 -- Derr Sand and Gravel Mine Broken Arrow Investments, LLC Col Randy Geist, Global Asset Recovery LLC Dear Commissioner Freeman Via Email This letter is to formally withdraw my opposition to Broken Arrow Investments, TLC'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 testunony 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) • 70 EXHIBIT C.?rn2ry�,�s/6-17-e227a.--, • 2M5usR tq--oB-I b(o0 /Leivn-LeyiL - o -Le -e4,. %7/ai°z-,J P17 L-c.�. Ul q's- o L'o t 6(20--Lial aia17)12 se0a//c/ I 52 20, tumfr, prini---,7), Yo 1O7r1/L coo n a,,,Le cefr2,1 Gt/ i lt�Pin )61cr1666 jYh t aq. au 7 go,,fiat,,th-Acw, gew ra,„) ea, - • CS/2Aa.4(4 t7-7 (MI 41" • 47%-- 5 a alsadd% cyhe C1(990 CO 804631 56-2869 2- A o Onts ozfrz-�C Cdas-Wip et &nit aSeiet £9,91-e-eiyt 29 cWa%•e/c 94 4- red (33o) S/9- 5288 Hello