The URL can be used to link to this page

Browse Search

Home My WebLink About20201299.tiffEXHIBIT INVENTORY CONTROL SHEET - 2 CASE 2MJUSR19-08-1660 - GLOBAL ASSET RECOVERY, LLC Exhibit S. T. Melvin Bickling U. Melvin Bickling V. Melvin Bickling W. Melvin Bickling X. Melvin Bickling Y. Melvin Bickling Z. Melvin Bickling AA. Melvin Bickling BB. Melvin Bickling CC. Melvin Bickling Tyler Submitted By Pape # Description Confirmation of hearing continuances Planning Services 2 (received 3/17/2020) Draft agreement and draft letter of withdrawal of 6 objection — Koehler (received 3/19/2020) PowerPoint Presentation dated 4/25/2020 (received 29 3/20/2020) 113 Koehler well history summary (received 4/28/2020) DRMS water measurements at the Derr Pit 128 (received 4/29/2020) 142 Mineral Rules and Regulations (received 5/4/2020) 151 Planning summary (received 5/4/2020) 160 Hoshiko Farms summary (received 5/4/2020) 170 Grading Permit summary (received 5/4/2020) 180 Rocky Francis summary (received 5/4/2020) 198 Technical Review for Loloff Pit (received 5/4/2020) EXHIBIT LIST CONTINUED TO DOCUMENT #2020-1353 2020-1299 EXHIBIT S Jessica Reid m: i. To: Cc: Subject: AfrIJUSISlq.02.) Kim Ogle Tuesday, March 17, 2020 2:08 PM Esther Gesick; Jessica Reid; Isabella Juanicorena; Jan Warwick Melvin Bickling FW: Rescheduled Board of County Commissioners hearing March 25 Global Asset Recovery Hello Good catch on the rescheduling of the Global Asset Recovery Board of County Commissioners hearing. The applicant and his representative are both available on April 22, 2020. Kim Ogle Planning Services From: JC York <jcyork@j-tconsulting.com> Sent: Tuesday, March 17, 2020 2:05 PM To: Kim Ogle <kogle@weldgov.com>; kahodgel@comcast.net Subject: RE: Rescheduled Board of County Comm ssioners hearing March 25 Global Asset Recovery 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. n Yes this date also works with our schedules. Regards, J.C. From: Kim Ogle <kogle@weldgov.com> Sent: Tuesday, March 17, 2020 2:01 PM To: JC York <jcyork@j-tconsulting.com>; kahodgel@comcast.net Subject: RE: Rescheduled Board of County Commissioners hearing March 25 Global Asset Recovery JC and Kelly I erred, the date for the hearing is to be April 22, 2020 at 10:00 AM Will thi date work with each of your schedules? Please confirm. Thank you Kim Ogle Principal Planner Id County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970.400.6100 Office i 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or cther writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle Sent: Tuesday, March 17, 2020 12:58 PM To: J. C. York (jcyork@j-tconsulting.com) <cyork@j-tconsulting.com>; kahodgel@comcast.net Subject: Rescheduled Board of County Commissioners hearing March 25 Global Asset Recovery Hello JC and Kelly, Planning staff has received direction from the Board of County Commissioners that all hearings will be postponed until after April 15th, 2020. 2MJUSR19-08-1660 for Global Asset Recovery LLC was scheduled before the BOCC on March 25, 2020 at 10:00 AM and will no longer be heard that day. Because of the postponement due to the COVID-19 virus, this case has been re- scheduled to May 6, 2020 at 10:00AM to be heard by the BOCC. Please indicate your availability for this date, alternatively please suggest an alternate date that will work with your schedule and we will do our best to accommodate your preferred date and reschedule the hearing. Thank you for your consideration and response to availability. Kim Ogle Principal Planner Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 From: Kim Ogle Sent: Tuesday, March 17, 2020 1:38 PM To: Melvin Bickling <mbick7077@outlook.com> c2MTLASe/g_08 lte,(ot Subject: FW: Rescheduled Board of County Commissioners hearing March 25 Global Asset Recovery Mel This is to notify you of a change in the hearing date for the Global Asset Recovery Commissioners hearing due to the Covid 19 virus. This case has been re -scheduled to May 6, 2020 at 10:00AM Questions may be directed to this office. Thanks! Kim Ogle Planning Services From: JC York <jcyork@j-tconsulting.com> Sent: Tuesday, March 17, 2020 1:14 PM To: Kim Ogle <kogle@weldgov.com>; kahodgel@comcast.net Subject: RE: Rescheduled Board of County Commissioners hearing March 25 Global Asset Recovery 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 That date works for us. Regards, J.C. From: Kim Ogle <kogle@weldgov.com> Sent: Tuesday, March 17, 2020 12:58 PM To: JC York <jcyork@i-tconsulting.com>; kahodgel@comcast.net Subject: Rescheduled Board of County Commissioners hearing March 25 Global Asset Recovery Hello JC and Kelly, Planning staff has received direction from the Board of County Commissioners that all hearings will be postponed until after April 15th, 2020. 2MJUSR19-08-1660 for Global Asset Recovery LLC was scheduled before the BOCC on March 25, 2020 at 10:00 AM and will no longer be heard that day. Because of the postponement due to the COVID-19 virus, this case has been re -scheduled to May 6, 2020 at 10:00AM to be heard by the BOCC. Please indicate your availability for this date, alternatively please suggest an alternate date that will work with your schedule and we will do our best to accommodate your preferred date and reschedule the hearing. Thank you for your consideration and response to availability. Kim Ogle Principal Planner Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents cr other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recip ent is strictly prohibited. Broken Ay -row Investments, LLC 801 8th Street, Suite 130 Greeley, CO 80631 James Koehler Revocable Trust 1001 East C Street Greeley. CO 80631-9580 February 20, 2020 Re: Derr Pit Expansion Neighboring Landowner Agreement Mr. Koehler: Broken Arrow Investments, LLC has a State of Colorado Division of Reclamation, Mining, and Safety (DRMS) Reclamation Permit M2008-078 to allow sand and gravel mining at the Derr Pit and a Weld County Use by Special Review (USR) Permit USR-1660. We are currently in the process of amending the USR permit to include additional area north of the original permit boundary. Per our meetings and previous discussions we are providing the attached agreement for your review and we wish to finalize this agreement so we may move forward with getting approval of the USR amendment with Weld County. We would like to cover a few items with this letter to discuss how we came to this proposed draft of the attached agreement. • You own 3 wells that are registered with the State of Colorado. Department of Natural Resources, Division of Water Resources. There are three wells on your Parcel No. 080333000017 at 1001 East 0 Street. The well numbers are Permit 314644 (stock well), Permit 314643 (domestic wel ), and Permit 11564 (irrigation well). • We have had AgPro monitoring your wells since September 2019 and will continue to do so for the life of the Derr Pit mining. • The records for your well are not available from the State Engineer's Office for the pumping that has occurred in previous years. There are also not meter testing records for your well on file at the State Engineer's Office. • The irrigation well was rehabbed by Quality Well and Pump in late 2011 /early 2012 per their records. The well casing had previously failed and the well caved in. Quality Well and Pump pulled the pump and installed a casing liner (14" diameter that was 55' long) and well screen (30' length of Galvanized Johnson Screen). The well was bailed with a sand bucket to get liner and screen into place. The existing pump bowl was found full of gravel and rocks consistent with signs of well caving in. The line shaft, column pipe, and oil tube were all thin and rusted out. 80' of column pipe was replaced along with the oil tube and line shaft. The pump bowl was replaced with an American Marsh single stage 12" MS. The headshaft was replaced and a bowl screen was added. The packing gland was re -machined. The motor Mr. Koehler RE: Derr Pit Expansion Neighboring Landowner Agreement -2- was re -built by Greeley Electric. The well was sonar jetted with 2-25' charges. The well was not pump tested after the rehab work was completed. • We have reviewed information on the Bliss and Hofner Wells that are other irrigation wells in the surrounding area. The meter testing on those wells in 2015 and again in 2019 are nearly the same for the discharge capacity of each well. • The Loloff Mine has completed the mining and are finishing the reclamation of the mine. The slurry wall was constructed in 2017 and passed the State Engineer's Office required leak test. No dewatering is occurring at the Loloff Mine. • The Derr Pit is going to start slurry wall construction for the original permitted area in March of 2020. Below are the proposed items we would pay for based upon the existing conditions and evaluations that have been completed: • The property you own Parcel No. 080333000017 at 1001 East C Street is currently served by North Weld Water District with potable water. The existing domestic and stock wells for this property were just recently registered in August 2019. The well registration indicates that the wells are both 52' deep. AgPro measured the depth to water in each of these wells over the past 6 months and also measured a depth to the bottom of each well. The stock well is actually 59.8' deep and the domestic well is actually 57' deep. We will also continue to monitor the existing stock and domestic well. If the water level drops to a depth where the domestic well or stock well will not pump we will have Quality Well and Pump set the pump lower in the well so it will continue to pump water. We would propose to pay the water bill at this property if the domestic or stock well have problems and assist in changing plumbing to allow the potable water service to serve the irrigation and stock watering for your property during the time the domestic or stock well are out of service. • The irrigation well w II continue to be monitored by AgPro. Since there is no data on what the well could pump previously we need to establish what it can pump. We would recommend doing a pump test on this well to establish the flowrate it is currently pumping at by running the existing pump and reading the meter at 15 minute intervals for an hour or two hours. Based on the data of the surrounding wells we do not believe the mining is affecting this well as the other irrigation wells are pumping what they have historically pumped based on the meter testing on record with the State Engineer's Office. If the well begins to pump less that what the pump test results show we would propose to rent CBT or other shares of irrigation water so that you are not impacted while the well can be inspected to determine if there are problems with the existing pump, motor, screen, or other parts of the well. We would propose to have Quality Well and Pump do any inspection and testing of the well. We would like to have you review and respond back to us at your earliest convenience so we may finalize the agreement. Sincerely, Broken Arrow Investments, LLC 801 8th St., Suite 130 Greeley, CO 80631 (303) 566-5090 Mr Koehler RE Derr Pit Expansion Neighboring Landowner Agreement -3- Kelly Hodge Broken Arrow Investments, LLC Broken Arrow Investments, LLC 801 8th St , Suite 130 Greeley, CO 80631 (303) 566-5090 DERR PIT EXPANSION -NEIGHBORING LANDOWNER AGREEMENT THIS AGREEMENT ("Agreement") is made this day of , 2020 by and between Broken Arrow Investments, LLC ("BAI"), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631, Loloff Construction, Inc ("Loloff'), whose address is 801 8th Street, Suite 130, Greeley, Colorado 80631, Global Asset Recovery, LLC ("GAR"), whose address is 6530 Constitution Dr , Fort Wayne, Indiana 46804, and the James R Koehler Revocable Trust ( 'Koehler") (collectively, the "Parties") RECITALS 1 GAR owns the Den 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 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 Den Pit boundary, as shown in Exhibit A ("Amendment Area") 4 In addition to the amended State DRMS permit, BAI also requires Weld County approval to expand operations into the Amendment Area As part of this approval, Weld County granted a zoning change on September 11, 2019 for the Amendment Area, which BAI recorded on December 4, 2019 BAI is in the process of amending the Weld County Use by Special Review ("USR") Permit, 2MJUSR19-08-1660, as the final authorization necessary to begin mining the Amendment Area 5 Koehler owns Parcel No 080333000017 at 1001 East C Street ("Property"), which lies immediately north of the Amendment Area North Weld County Water District provides potable water service to the Property 6 Koehler has opposed BAI's efforts to amend the USR Permit, 2MJUSRI9-08-1660, inn oral testimony before the Weld County Board of County Commissioners and in letters submitted to Weld County and entered into the record for the USR permit amendment proceedings 7 Koehler's opposition to the USR Permit amendment is primarily, though not exclusively, based on its belief that existing mining operations at the Loloff and Den Pits have negatively impacted various water wells on the Property ("Koehler wells"), and that additional mining in the Amendment Area will exacerbate such impacts 8 The Parties disagree as to whether and to what extent existing mining operations have impacted the wells, and whether and to what extent mining in the Amendment Area will impact the wells 9 To address Koehler's concerns, BAI has researched the Koehler wells to identify potential impacts from past Loloff and Derr mining operations and hired a groundwater engineer to study the impacts from current and planned mining operations BAI has shared the results of the research and study with Koehler 10 The Parties wish to resolve all outstanding issues through this Agreement THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Parties agree as follows COVENANTS AND CONDITIONS I. Purpose of Agreement The purpose of this Agreement is to address Koehler's concerns related to BAI' s and Loloff's existing and planned mining operations, have Koehler withdraw its opposition to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues and obligations between Koehler and the Companies related to operations at the Den and Loloff Pits This Agreement is further intended to facilitate BAI's efforts to obtain final authorization from Weld County to expand, its mining operations into the Amendment Area II. Identification of Concerns Koehler identifies the following concerns as the basis for its objection to the Den Pit expansion A Noise Koehler has concerns about noise that will be generated by operations in the Amendment Area B Dust Koehler has concerns about dust that will be generated by operations in the Amendment Area C Traffic 2 Koehler has concerns about increased traffic generated by operations in the Amendment Area and the travel routes of the mine -related vehicles D Water Wells Koehler has three wells on Parcel No 080333000017 (domestic, stock, and imgation) that Koehler believes will be impacted by operations in the Amendment Area Some or all of the foregoing concerns also relate to existing operations at the Den and Loloff Pits III. Obligations of the Parties To fully and completely address Koehler's concerns regarding BAI's and Loloff s past and planned mining operations, to allow Koehler to withdraw its objections to BAI's efforts to amend the USR Permit 2MJUSR19-08-1660, and to facilitate BAI's expansion of operations into the Amendment Area, the Parties agree as follows A BAI and Loloff 1 Noise a BAI shall comply with all applicable noise requirements contained in amended USR Permit No 2MJUSRI9-08-1660, State laws, and local ordinances BAI will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Derr Pit, including the Amendment Area b Loloff shall comply with all applicable noise requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff will further prohibit the use of compression release braking (Jake Brake) by vehicles servicing the Loloff Pit 2 Dust a BAI shall comply with all applicable dust requirements contained in amended USR Permit No 2MJUSR19-08-1660, State laws, and local ordinances BAI shall also comply with its Colorado Air Pollution Control Division permits for the Den Pit, including the Amendment Area, which specifically address particulate emissions (dust) from the pit and associated mining equipment b Loloff shall comply with all applicable dust requirements contained in USR Permit No AM USR-690, State laws, and local ordinances Loloff shall also comply with its Colorado Air 3 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 Den 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 dnvers servicing the Loloff Pit utilize only designated haul routes 4 Water Wells a BAI shall perform monthly monitoring on all Koehler wells that Koehler continues to operate after execution of this Agreement, provided Koehler grants access to do so in accordance with Paragraph III B3 hereof Such monitoring shall consist of measuring the static water level in each well BAI shall send the monitoring results to Koehler each month by certified mail b If monthly monitoring shows that the water level in the existing domestic or stock well on the Property gets to a level where pumping is no longer possible, BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to lower the pump in the affected well(s) to allow continued production BAI shall pay the monthly North Weld County Water District water bill for the Property and assist in changing the plumbing to allow the potable water service to serve the domestic well irrigation and stock well watering for your property during the time the domestic or stock well are out of service c If monthly monitoring shows that the pumping rate m the existing irrigation well on the Property where the metered flow drops by 50 gpm BAI shall, within ten days of such water level measurement and at its sole expense, hire Quality Well and Pump of La Salle, Colorado to inspect and review the existing pump, motor, column pipe, screen, etc to determine what the problem is for the affected well Once the problems are determined BAI and Koehler will determine what repairs shall be provided by Quality Well and Pump to allow continued production While the existing irrigation well is out of service BAI will provide supplemental water by renting CBT shares or other irrigation shares that can he used for irrigation to Koehler. B Koehler 1. Within seven days of the execution of this Agreement, Koehler shall provide the Weld County Board of County Commissioners a letter withdrawing his objections to BAI's efforts to amend the USR Permit, 2MJUSR19-08-1660, to allow mining in the Amendment Area. Koehler's withdrawal letter shall be substantively similar to the draft letter contained in Exhibit B to this Agreement. 2. Koehler shall fully consent to and support BAI's efforts to gain governmental approval to expand mining operations into the Amendment Area. Koehler shall not, to a Government Authority or otherwise, protest, condition, delay, prevent, or oppose in any way such efforts by BAI, or encourage or facilitate others to do so. As used in this Agreement, "Government Authority" includes the Weld County Board of County Commissioners, and any other federal, state, or local entity with authority to authorize, regulate, police, or oversee BAI's mining operations. 3. For the Term of this Agreement, Koehler shall pro\ ide BAI representatives access to the Koehler wells during reasonable business hours to perform the monitoring required under Subparagraph III.A.4.b. hereof. 4. For the Term of this Agreement, except in an emergency that presents an imminent threat to life or property, Koehler shall first contact Loloff or BAI with any issues or concerns regarding operations at the Loloff or Derr Pits, including the Amendment Area, before contacting any Government Authority. The purpose of this initial contact is to allow Loloff' or BAI to address Koehler issues or concerns before involving others. Loloff and BAI designate the following individual as the contact person for purposes of this provision: Kelly A. Hodge kahodge I @comcast.net 970-566-5090 IV. Conditions Precedent A. BAI's and Loloff's obligation to perform the tasks identified in Paragraphs III.A.1. through 3. hereof, to the extent not already required by applicable law, shall commence upon execution of this Agreement, except that obligations 5 relating to the Amendment Area shall be triggered by commencement of mining operations therein B BAI's obligation to perform the monitoring required by Subparagraph III A 4 b , hereof, shall commence on the execution of this Agreement and continue throughout its Term so long as Koehler provides access to the wells as specified in Paragraph III B 3 of this Agreement V. No Admissions By entering this Agreement, no Party makes any admissions as to the possible effects of existing and planned mining operations on the Koehler wells VI. Term The Term of this Agreement shall be from its execution until DRMS releases the reclamation bonds on the Loloff and Derr Pits, including the Amendment Area Obligations created herein relating to only one of the pits shall terminate with the release of the reclamation bond for that pit VII. Preservation of Future Claims Nothing in this Agreement is intended to prevent Koehler from asserting future claims regarding the Koehler wells to the extent such claims are supported by evidence establishing that the claims are based on impacts caused by operations in the Loloff and/or Derr Pits occurring after execution of this Agreement, and that Koehler has provided continuous access for well 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, 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 6 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 wntten above BROKEN ARROW INVESTMENTS, LLC, BY TITLE LOLOFF CONSTRUCTION, INC BY TITLE GLOBAL ASSETS RECOVERY, LLC BY TITLE James R Koehler Revocable Trust 7 P-107123 Derr Gravel Pit\Drawings\Exhibits\JT-Overall Permits Exhibit.dwg, Permits, 1/30/2020 2:35:47 PM 800 400 0 800 SCALE IN FEET u' 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 TPY Drawn: Scale: 1"=800' Sheet: 1 Of: 1 Exhibit B Sample Letter to Weld County Board of County Commissioners 9 Ms. Barbara Kirkmeyer Board of County Commissioners Weld County, Colorado 1555 North 17th Avenue Greeley, CO 80631 bkirkmeyeraweldgov.com RE: 2MJUSR19-08-1660 -- Derr Sand and Gravel Mine Broken Arrow Investments. LLC Co/ Randy Geist, Global Asset Recovery LLC Dear Commissioner Kirkmeyer: Via Email This letter is to formally withdraw my opposition to Broken Arrow Investments, LLC's ("BAI") application to amend Use by Special Review ("USR") Permit No. USR-1660 to allow expansion of the 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, cc: Kim Ogle, Weld County Planning Services (via email) I h S `;V f 158710 12038-R 9117-DW 130671 205113--A .'\ ..►297435 Y.� 13067123312--A - 23312< it 44539 226878-A 269691--A 259513 2947-F,`, 287278 265613 16038 37945-M 59488-MH •3204 90$72 39156-F 309494 Figure 1 Study Area and Wells Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119,1&T Consultants, ESRI World Topo Map 25 941 135883.': 2655 44981 421-WCB I 44671 12334-n- v. 311484 311495 31146 ` 11497 223885-A . "', e"'c '-__r.Ar 4 311485 311486 30562-F 620-WCB 28174 5-A 47, : -MH 833-WCB • 9844 099-4 Map Legend Derr Monitoring Well DWR Water Well Date: November 22, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft 13199-F 280641 48096-F €)96 -F -RV 19427-R 78O-WCB 374-WCB° 28964 `. 3 224040--A Feet 3,000 Model Extent Loloff Pit with Slurry Wall 65W 29 28 27 K(r 26 4646 1--- ice-- - 1 A 4613 4e37 4638 4686 / 4637 -'4636 } 0 4640 4642 4641 32 5 4639 4633 4647 ' 46374637 4644 I z. 4634 4606 4_4651 A 4652 J \ -4426 4639 4637 :7638 4630 4636 4623 4630 4631 4634 4635 4644 A 33 ;, 4632 4631 /A 4635 4624 ,\ 4636 4631 V NA L , 4635 4632 ;4632 ,. 4627 4606 4629 4625 -4625 l 4638 4641 3 dim 4614 1 A 4626 1 NA 4631 ' , 4628 4624 4629 \4630 A4627 4639 i ter- -'-- a-. rt-..,♦ 4632 . J • Q9 4635 NA NA r 1 1 4632 461 • 4594 4638 ,633 A Q9 4539 I 4598 1 1 1 1 1 4635 4637 4625 4583 A 4611 A 4630 4613 ; 4614 £4615 4614,,4601 34 4629 4615 3 4598 4616 4640 4665 4631 4618 0 1 ON 1,500 53 4628 1 619 4618 T619 4598 O 467 4634 I_ f 11 I Feet 3,000 Figure 2 Surficial Geology and Predevelopment Water Table Derr Pit Weld County, Colorado Map Legend Point Where Contour Crosses River (10m DEM) Registered Well Used for Monitoring DWR Water Well Water Table Elevation Contour Based on Well Data Contour Interval = 10' Well points labeled with SWL elevation Note: Water table elevation at wells are estimated based on subtracting the depth to water from the estimated ground elevation based on 10m DEM data. f ' 1 C Model Extent Loloff Pit with Slurry Wall Derr Pit with Planned Slurry Wall (2020) • Derr Pit Amendment with Future Slurry Wall Geologic Units (from Tweto, 1979) Qa - Alluvial Deposits Qg - Gravels and Alluvium Kt - Laramie Formation Sources: CDSS Well Permit Database 100119, USGS 10m DEM (National Map),Tweto Geologic Map of Colorado (1979), ESRI World Topo Map Date: November 22, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft Engineering,. LLC 65W Figure 3 Vicinity Well Depth Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Tweto Geologic Map of Colorado (1979), ESRI World Topo Map Map Legend Derr Monitoring Well Derr Pit Amendment Monitoring Well Registered Well Used for Monitoring d Model Extent Loloff Pit with Slurry Wall Derr Pit with Planned Slurry Wall (2020) r Derr Pit Amendment with DWR Water Well Future Slurry Wall Labeled with: DWR permit number (well depth) Only wells with well depth given in construction log are displayed. McGrane Wader Engineering, LLC 65W 1 Map Legend 1 Derr Monitoring Well Model Extent Derr Pit Amendment Monitoring Loloff Pit with Slurry Wall Well rn Derr Pit with Planned Slurry Wall Registered Well Used for (2020) Monitoring r Derr Pit Amendment with DWR Water Well 1 " Future Slurry Wall Each well point labeled with bedrock elevation. Bedrock Elevation Contour (interval = 10') (Revised from Hurr & Schneider) 6SW i Figure 5 Saturated Thickness of Alluvial Material Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Hurr & Schneider (OF -93-124), ESRI World Topo Map 1* - d. 0.,_..P, ..-- • . J_. A. s r I. a. P . ' r w Map Legend Registered Well Used for Monitoring DWR Water Well Saturated Thickness (contour interval = 10') *Modeled predevelopment water table minus bedrock elevation Each well point labeled with saturated thickness. --- �__ Derr Pit Model d d r1 I Loloff Pit Slurry Wall Derr Pit with Planned Slurry Wall (2020) Derr Pit Amendment with Future Slurry Wall Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft McGrane Water Engineering, LLC 65'w 18? 9.F 18300-F (14 00) 039, ii298-F : 32 (1400) 163851 18297-F (825) ; (1320) . X9117 -o W' (200) 2420-F 39156-F '(15) A Figure 6 :2798-R (1000) 12713-R - 8f- -.- -- 130671--A 205113--A (15) (15) ( • 269691--A 23312 -AA 226878-A (16)• (1S 2947-F (15) (400) a 421--wca (10) A 287278 (50) 135883 (40) 26555-A (20) A 134824--A (15. Vicinity Well Yield Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, ESRI World Imagery 12334 -R -R 11564-R (1200) 68387 -F -R (250) 23199-F 276622--A (20) 137543-.A •(36) 19426 -R -R {8Q 224040--A (10) A 4809: F -R (90 451 • R -R (1 0) Feet '- 3,000 Map Legend Well with Yield Data (gallons per minute) A <15 15-250 250 - 1000 't 1000 - 1200 Labeled with: DWR permit number (well yield) Model Extent Loloff Pit with Slurry Wall In Derr Pit with Planned Slurry Wall (2020) r� Derr Pit Amendment with Future Slurry Wall Only wells with well yield given in permit information are displayed. Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft McGrane`pater i Sources: CDSS Well Permit Database 100119, Hurr & Schneider (OF -93-124), ESRI World Imagery 26 C it H-4-7 , riff 'tar le",1 $. 1 A' '� 14.t Map Legend Model Extent Loloff Pit with Slurry Wall ODerr Pit with Planned Slurry Wall (2020) S L -1 Future Slurry Wall a Derr Pit Amendment with Modeled Transmissivity (1000s gpd/ft) r- < 50 50- 100 100 - 200 200 - 300 300 - 432 Transmissivity Contour four Hurr & Schneider (Contour intervals varies, 1000s gpd/ft) Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft Engineering, LLC 1 65W 1 Sources: CDSS Well Permit Database 100119, Modeled Output, Hurr & Schneider (OF -93-124), ESRI World Topo Map R- Mt'Crane Water Engineering, LLC 65W z " 1eeley -� - Uc j 1587.1 29 28 Q E 2 2 _ _._.. —a-I4;eel; R;aliaM a. lee eni—� 12038-R ,♦ 1 I 18300 -F8299 -F I,r29-F 297-F 16885-F 59117-DW A 2420-F A 779-WCB 177161 A 32 60123 78326-A 12798 -R -R 45785 A 42725-R 10 465-WCE3 130671--A 72586 ♦ Aki130671 23312—A 269691--A 259513 19156 20193-F 5866 -F -R AA A ♦ 21555 20194-F 10924-F # 307871 A A Al 59216-MH 835-WCB 169394 20307 ' " ey. A 37943-M 37044-M 47086-MH 37946-M 8324 ♦ ♦ 169393 m t — 37942—M 4 39173-F, 43134305948 8-M H 37945-M 1 309494 39156•F R I 3204 50572 ♦ r A ` A833 -W C B 47087-MH ti 423312 226878-A A0 44539 \ • i2947•F ♦ 287278 265613 16038 ♦\ AA 115380 A 12713-R PLEASANT PALL 27 EY 26 -ra--aSall s — r -----r k518RR 14658 A 12334 -R -R 13199-F 33 11564-R • 0.5 31464 3 314644 1G96QR-, *- •\,113200•F A -205113--A 421-WCB 44673E fr), 25941 "223885-AJ_620=WCB 22150 ♦ 135883 , 30562-F •A♦ 28174 42443-M H 2368-F A 26555-A A *-"''`- - -0.6 44981 A!134824 --A 9 68387 -F -R A 34 19426 -R -R A 19427-R A 48096-F 14 48096 -F -R f 1135 -'I 780 -',NC B PLEASANT LL A 19089-MH • 246784 2020-F • 5099 It 123793 s4„ 13196- ^ `'''�` 374-WCB �% Cre 4595 -R -R A t` IS 28964 A 3 280641 A 105592 51423-MH 12678-R 161382-A ♦ 276622--A ♦ 9844 A 5099--A 37543--A C Lents .raw •'!+nna6arr 10 224040--A A 24586-MH A E 1G th E t 7th St 3739 A CIL 1,500 11582-R 13884-R A A ♦ 'Il 11581-R A14869-4 Feet 3,000 11 Figure 9 Change in Water Levels Due to Loloff and Derr Pit Slurry Walls Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Modeled Output, ESRI World Topo Map Map Legend I Model Extent Change in Water Level Contour 'e\_, Mounding �..� Drawdown Contour Interval = 0.5 foot 0 0 • Loloff Pit with Slurry Wall Derr Pit with Planned Slurry Wall (2020) DWR Well Currently Being Monitored A DWR Water Well Each well point labeled with DWR permit number. Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft Engineering, LLC 65W PLEA `4PgT z eeley 29 158710 ;` ` - -_ _ I 12038-R Is ► 18300-F I i 8299-F 18298-F A 18297-F 16885-F 1, 59117.OW 2420-F .♦ 5 A 779 -WC B 177161 160123 78326-A A a e F 12798 -R -R 45785 A ,.12725-R A 12713-R 465-WCB A 1. 130671--A ♦ 2051131 A 72586 ♦ 130671 23312 23312--A 269691--A � u I , 226878-A I 259513 ♦ 44539` • .2947-F A 287278 115380 19156 20193-F I 25866 -F -R AA I Al.. ' A 21555 20194-F ► F � 8315-WCB ey 1; Z. t 265613 16)38 r 28 27 26 2 2 421-WCB Om. MEI 14658 A 12334 -R -R • 11564-R d 4518 -R -R • 13199-F O5�� 1,5� 314643314644 14960:R7..2 4"." • 13200-F 1 446734 f �- 25941 223885-A� �-620=wCB 221501 135883 30N 2-F - �♦ 28174 42443-MH 2368-F A 26555-A A `- _ 44981 A.134824 -•A , 10924-F 307871 A 4A59_ 16•M H 16939 20307 - 37943-M 370^4-M 169393 = 141086-MH 37942-M 37946-M 8324 � 3 13430 39g173173F F ♦59488-MH ' 37945-M 309494 39156-F a 4 A £ r I ,.• 1: ttl s' *mom. r :tik t 3204 f 90572 - i A 833-WCB 47087 -MI - 4 1 1 I 1 !6r 19089-M H -'2 .24644? --1 2020-F• 68387 -F -R A aumaminmal”Pedminim.a...niimmenSimb Figure 10 Change in Water Levels Due to Loloff and Derr and Derr Amendment Slurry Walls Derr Pit Weld County, Colorado Sources: CDSS Well Permit Database 100119, Modeled Output, FSRI World Topo Map 9 •t• I • -z 5099 280641 12678 -RA A 105592 161382-A A 276622--A 34 19426 -R -R A 374 -WC B A 28964 A 3 51423-MH A t r .) -ay rwMa i 19427-R A ft 48096-F 48096F -R I t 435 - 1 .l It 1 780 -WC B PLEASANT Li.- ) I 123793 sina c-* 224040--A A 13196.9 -R-R II 24586-MH 13884-R A 9844 A 5099-A 37543--A t. 11n Lam.•►+: 3739 • - --- ----- 0 € !Till St 10 I 1 . 11582-R • i Feet 1,500 3,000 Map Legend Model Extent Change in Water Level Contour �.� Mounding �.� Drawdown Contour Interval = 0.5 foot Q Loloff Pit with Slurry Wall Q Derr Pit with Planned Slurry Wall (2C20) 1 Derr Pit Amendment with Future Slurry Wall DWR Well Currently Being Monitored A DWR Water Well Each well point abeled with DWR permit number. Date: November 11, 2019 Datum/Projection: NAD83/Colorado State Plane North, ft Alt McGrane Water Engineering, LLC Esther Gesick Subject: Attachments: FW: Adding Items to the USR file Derr Pit 2MJLSR19-08-1660 PL1983 BOCC Presentation 4-25-2020.pdf From: Melvin Bickling <mbick7077@outlook.com> Sent: Friday, March 20, 2020 3:10 PM To: Jessica Reid <'reid@weldgov.com> Subject: Re: Adding Items to the USR file Derr Pit 2MJUSR19-08-1660 PL1983 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. This is a copy of the 4-25-2020 presentation for the file. Thank you Mel Bickling RA.vtl'eNCaNNVIM gtrawfNWAnMAW40.7rnPoceAvear...wV.•etx219N1OUSWAWNWOYal<AVAwNr"-Wm1n..NWNHOAXAVrawN:txnWAVNVAVAVANAVfueeZOIMrrowfliaVAWROcgmmwAeaCAM6baWelaetWOMM+nwxt WONG:Ora\oX4n\iV.ww.xmCAVAWAVV4 ONMAXWNIGw.WICCANWWIROMnu•CCAWYroWlluxrxantltaxa•w,v'yM•K:eNr..•WAYAW€+wac.taN-;\R..V:awahuhMAYt 1 BOCC Presentation 4-25-2020 Anatomy of a well #1 PER.IYI(r INSPECTOR'S ITC-11ALS P511 I: LION DAIL: ill= 3,2SI13 Looking west from the east skie of the vwetand pond Looking at LoictiMirtie From IhL Mc.urwae's properly Looking NW at dewfteringRurnp in the Loloff Mine Looking north from south si f the pit Dcwatering points Into Irrigation ditch Looking NE at pump And pit Poke. 5 oi'6 Murata Property Aerial View #2 East Side of Property Slope on the West side of the property looking west from the property line Derr Pit r r' i[ Y .E 1'' rte- i. W 4 - is area 1 i y ill • . ife r � • Y -. CtE -�- _�� a --� �'~-- , f -. _•__ IN.' f r' - - I - _ .__ Is. � _ _ r ism 4 a ■ - - rr, T r �'• ; als „_ 3 �.rst -- 1�> . rs.., -,......TrAN fr. oil 7 �._ ��._ 1 1 • • lb i 114 i - . A _ -. tit 1::: 1 l -fit • . ♦+mac - - [ s::- x k•_1: _ _- 4 R s 1 1 •,4 500 290 0 500 �_aI.'". �, P SCALE IN FEET ° Dote: 12 21/201 0 L hi Consulting, Inc. RRO EN ARROW INVESTMENTS I'EI T , LLC Joe No: 07123 A DERR GRAVEL PIT M-2008-017 bra on:l TP1 305DeAuGaue-Sulu: D IN mar Fr,�tL ',trn.CO X21 VICINITY MAP e�,l�: , 'a 5t;�� 4 303-557-6222 Sheet: 1 Of 1 1 a COLORADO Division of Reclamation, Mining and Safety MINERALS PROGRAM INSPECTION REPORT PHONE: (303) 866-3567 The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance with the terms of the permit and applicable rules and regulations of the Mined Land Reclamation Board. MINE NAME: Derr Pit INSPECTION TYPE: Monitoring. OPERATOR: Broken Arrow Investments LLC MINE/PROSPECTING ID#: M-2008-017 INSPECTOR(S): Eric C. Scott OPERATOR REPRESENTATIVE: Kelly Hodge MINERAL: Sand, gravel and an INSP. DATE: November 1, 2017 COUNTY: Weld IMP. TIME: 09:00 TYPE OF OPERATION: 112c - Construction Regular Operation REASON FOR INSPECTION: Normal I&E Program DATE OF COMPLAINT: NA WEATHER: Cloudy BOND CALCULATION TYPE: Partial Bond POST INSP. CONTACTS: None BOND AMOUNT: $86,233.00 JOINT INSP. AGENCY: None INSPECTOR'S SIGNATURE: SIGNATURE DATE: November 3, 2017 The following inspection topics were identified as ha` inj Problems or Possible Violations. OPERATORS Sl IOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a Possible Violation is indicated ou will be notified under se crate cover as to when the Mined Land Reclamation Board will consider possible enforcement action. INSPECTION, TOPIC: Off -site Damage PROBLEM/POSSIBLE VIOLATION: Problem: Pursuant to C.R.S. 5 34-32.5-123(2) an operator who mines substantial acreage (over 2 acres) beyond the approved permit boundary may be found to be operating without a permit. DRMS observed that approximately 10 acres outside of the permit has been affected by mining activity (see attached map). Based on the findings of the inspection we believe this is a violation of C.R.S. 34- 32.5-109(1) for failure to first obtain a reclamation permit from the Mined Land Reclamation Board or Office before engaging in a new mining operation as required. CORRECTIVEACTIONS:This possible violation will require a hearing before the Mined Land Reclamation Board. The schedule and other details for the MLRB hearing will be provided under a separate document to be sent via certified mail to the operator. CORRECTIVE ACTION DUE DATE: T.B.D. by MLRB Hearing INSPECTION TOPIC: Revegetation PROBLEM/POSSIBLE VIOLATION: Problem: Tamarisk (salt cedar) trees are present within or have volunteered into the permit area and are becoming established. This is a problem for failure to employ weed control methods for a state listed noxious weed species within the permitted area, and to reduce the spread of weeds to nearby areas as required by Section 3.1.10 (6) of the _ rule. Page ! of 4 PERMIT N: M-2008-017 INSPECT'OR'S INITIALS: F.CS INSPECTION DATE: November 1, 2017 CORRECTIVE ACTIONS: The operator shall either implement the existing weed control plan, or develop a weed control and management plan in accordance with Section 3.1.10 (6) of the Rule. This plan should be developed in consultation with the county extension agency, or weed control district office and should include specific control measures to be applied, a schedule for when control measures will be applied and a post -treatment monitoring plan. This weed control plan shall be submitted to the Division as a Technical Revision to the approved plan with the appropriate Technical Revision fee of $216.00 by the corrective action date, CORRECTIVE ACTION DUE DATE: 12/04/17 INSPECTION TOPIC: Signs & Markers PROBLEM/POSSIBLE VIOLATION: Problem: The mine identification sign was not present per the requirements of Rule 3.1.12. The affected area boundary markers on the south and east side of the permit area are missing or incorrectly placed. This is a problem for failure to maintain boundary markers around the affected area as required by Section 3.1.12(2) of the rule. CORRECTIVE ACTIONS: The operator must post a sign at the entrance to the mine site which shall be dearly visible from the access road and specify the following; the name of the operator, indicate that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board, and the permit number. The operator shall conduct a survey and replace the boundary markers in the correct location(s). The operator shall provide proof to the Division that this has been done by the corrective action date. CORRECTIVE ACTION DUE DATE: 12/04/17 OBSERVATIONS This was a routine monitoring inspection conducted by Eric Scott of DRMS of the Derr Pit (M2008-017), DAMS met on -site with redly Hodge to tour the site. As noted above, the mane site identification sign and permit boundary markers on the north and east sides of the permit area were missing and will need to be replaced by the corrective action date (photo 1). At the time of this inspection most of the activity on the site appears to consist of recycling asphalt and concrete. No excavation was taking place. There was also a crew onsite preparing to abandon a gas well that is currently located near the center of the permit area. The most significant issue noted during this inspection is that approximately 10 acres outside of the approved permit boundary have been impacted by mining related activity along the eastern permit boundary (see attached map). The northern portion of this out-of-bounds affected area has been excavated to a depth of approximately ten feet and is currently utilized as equipment storage and repair (photos 3-5). The southern portion of the out-of-bounds area has piles of various sizes of earth materials/soils and wood waste with minimal excavation or surficial disturbance (photo 6). As noted on the first page of this report, this matter will require a hearing before the Mined Land Reclamation Board (MLRB). The schedule and other details for the MLRB hearing will be provided under a separate document to be sent via certified mail to the operator. Tamarisk trees were noted in several locations within the permit area. These will need to be eliminated as they are considered to be a noxious species (photo 2). No other issues were noted during this inspection. Page 2 of 4 Aerial View around the Murata Property Derr Pit M2008-017 yeltow = 392 acre permit boundary as approved red = 10.2 acres distIsted outside perrrut area Google Earth 2 W9 2 n 11 y LI0Z0®Zw • PdO11a3ag.ai'€m• LI a CD Cr '-F CD h C i a C 41) 0) C O 0111 Mir Verizon LTE 6:12 AM 1O 9 6% � dnrweblink.state.co.us SCALE 1`'1 FEET aj i Consulting_ Inc, 305 Denver .Avenue - S urte '.D Fart Lipton, CO M1621 303-8574222 DG7[e: BROKEN ARROW INVESTMENTS; LLC Jcb-No: DERR GRAVEL PST M-2008-017 VICINITY MAP c' . DPrQ114 n;� IT Scale; Sahaeet j 1 _Of 1 Resolution Handout #5 Planning Meeting August 20t" 2019 #6 PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATIO. 1 GLOBAL ASSET RECOVERY' Y LLC A SITE SPECIFIC DEVELOPMENT PLAN At40 2ND AMENDED USE BY SPECIAL REVIEW PERMIT IWO, U Ra1 MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OPEN PIT MINING — SAND$ GRAVELS MD STONES AND MATERIALS PROCESSING) STOCKPILING, RECYCLING AND PRDCESSING OF DEMOLITION MATER (ASPHALT MC CONCRETE). AND THE IMPORTATION Off, SOIL IENDMENT (TOPS�IL Pi AND COMPOST) IN THE A tAGRICULTURAL ZONE DISTRICT LOT B RE 16.0165 AND LOT B RE -163t BOTH BEING PART OF THE I E4 SECTION 4, T5N, ROW OF THE 6TH PPM., WELD COUNre, COLORADO, EAST OF AND ADJACENT TO N. BALSAM AM AVENUE; SOUTH OF AND O ' E 1T TO ; WEST OF AND • JACENT TO NORTH CHERRY ENUE. Mr. YoLrksaid that th INN aitnitL Sao v� en mci$pr�� nm�eter of the original area�t as [wells Intnoih area last week , The south We$ � � . mined is current" _beln! ta qs.E.IeL!maisndwatefr r- •:. � •I Iii: DRM$ Perrr.ft, rqv diflLt$4iiY r C0rumS0n8r Cope asked what the depth to the mineable sand and gravel is. Mr. York replied that it Is 0 to 9a rte,. Corrfnis&oner Johnson asked vital the timetrams is to lake sxcaato that area. Mr. York said that they Mr. York saki that the One will be maned dawn in a 3 to 1 slope and the depths to the bedrock are anywhere from SO to 50 fool on the original permit area. Ho added that on the terrace area kt will be greater than its Not. Sincs groundwater level is 404iesi they will install a slurry wallas a requirement from the DRMS per nit belcwa exposing any groundwater so there will be no devrijedng In that yea that could affect these wells to the Inortil Gommiasioner CopkedwhyJhere is a delay in the slurrvwall in the south ems, ANr_Yr. vtlt Sojd that they lute hh4 LpIgN Pit dung so before they fl Ihe slrry walk In, theyhad to bondior wal sfl it is harder fir lherri way do. rilmt_Mr„. York said that ia rounet n an ad Jae h . �Ic $tudycione pilo' to this ne lor thePal t y '': + - � 1 Fr - �'I�i , and shadow effects could be when the Slurry wall was DuiaLt_CornHsslonor Holland elk qyruafftas 4.1 ataft but riot lannfin staff., .Saaaa_=_El I_ inl In Commissioner Holland *13 IlK! privalpropethu4area end it a IdthM se "rations in one Ian that would protect the water wells silO in o wflhing Ro do IiOI, mInIng env Q�I !tieFP bueinesi o whkh is have de anin �sl have moused si'niflcant darn rsthLthicEsarnin minin UflO bash Flu walls valid •thth InsbMad should cute..Carnmrssioner Sidle said i!n extent hmfle cart ahea�iehoh Mt Murata with lb wells. sin I Holland dted_SectiOn_2a2•220.A.6 Selo and Selo 212•220A.7 and said that if tie a Lod of a plan That derrwnstrSd a due dibqeuce he Drobebly �puc have suonanec G appears to be AO sujiIan VI !!. had solve Handout 7 & 8 McGrane Water Engineering July 13th McGrane Water Engineering, LLC 4475 t,rittw4'J Ik c ntJc,, (.4 : ntic J * Ph.. k tit rl degrmt tncgr1newarcr,com July 13,2015 1.I_ t'.),:1 -I. I Mt, JC York J&T Consulting, Inc. 305 Denver Avenue, Suite D Via entail at: Ft. Lupton, CO $0621 RE: Loloff Pit - Slurry Wall Assessment Dear Mr. York: McGrane Water Eu£ineenng I 1 The LDloff gravel pit mine is located approximately 1 mileeast of Greeley, Colorado in Section 4; Township 5 North, Range 67 West of the 6 h principal meridian. The site is located approx invatcly !a mile north of the Foudre River, appmxirttately 5 miles upstream of the confluence with the South Platte River, The pit is eurrcntly bc:ng mined under permit M-19gs- 112 by Loloiff Constriction Company. J&T Consulting, Inc. (IT) requested that Mc(irane Water Emitters. LLC. (MWE) determine he hydro:ogic impacts of installing a slurry wall around the Luloff pit during reclamation. Anticipated impacts iueltde a rise in the water table on the up gradient side of the slurry wall compared to predcvclopment conditions and a decline in the water table on the down gradient side. Water level increases to within 1D feet of the surface on the up gradient side of the pit could flood existing strr:ctnres such as basements or cause water logging and phreatophytc growth. A decline in water levels on the down gradient side could reduce the aquifer saturated thickness and well y14tls if pumping rates are already maximized. Results Using a MODFLOW Model with reasoitable boundary conditions and aquifer prupcttics, MWE determined that the maximum increase in water levels up gradient liorn the mine will be approximately 2 feet, and the maximum decrease in water levels down gradient from the pit will be approximately 2 feet. The average depth to groundwater For 7c wells with reported water levels located within the model area (approximately a mile from the pit in all directions:: s 16 feet. However, there are several wells located within the up gradient area of influence (greater than 0.5 feet increase) -.hat have reported water levels of less than 10 feet. Table 1 shows the impacted w.:lls located within the area of influence, Mr. J.G. York July 1 3, 2015 Page 2 Table 1 — Wells within area of Influence of Proposed. Slurry Wall Well Data from Wells Within Area of Influence Modet Results Name Pernil Well Depth Rate (gpm) Reported Depth to Water (ft) Saturated Thickness (ft) Max. Change in Water Levels (h Future Depth to Water (ft) Future Saturated Thickness (fit) 7 % Change in Sat. Thick off) OOWNGRADIENT WELLS _ VARRA 75865F ND ND ND ND ND. ND ND ND DAVIS FARMS 14960 R 101 1150 31 70 1 32 69 -1% SAAB A C 620 W 45 BOO 9 36 -1 10 35 -3% TAYLORJAMES 223885 44 10 11 33 =1 ND ND NO _ UPGRADIENT WELLS TRUJILLO 23312 25 10 5 20 1 4 21 5% °RONA 28174 19 20 8 11 _ 1 7 12 9% PALMA 297435 Nt) ND ND ND 1 Uncertain Uncertain Uncertain HARRELL ELDON 226878 50 13 16 34 2 14 36 6% ROTHE 259513 _ 27 20 2 73 1 1 26 4% TRUYELLO 2947 F 21 400 6 15 1 _ 5 16 7% HARRELL BRIAN 287278 30 50 NO ND 2 Uncertain Uncertain Uncertain DILKA 44539 34 25 3 31 1 2 32 3% VANBEBER 25941 25 50. 2 23 1 1 24 4% WADSWORTH 19472 F ND 105 ND ND 1 Uncertain Uncertain Uncertain 25 24 4 21 1 3 22 5% VANBE8ER 16038 Three down gradient wells can be expected to experience a decline in water levels of approximately 1 foot. Since well yield is proportional to the saturated thickness, we would expect less than a 5% decrease in the maximum theoretical pumping rate of those wells. We do not believe this is a significant impact. Based on our modeling, eleven up gradient wells can be expected to have 0.5 to 2 foot increases in water levels. Only one of those wells (Harrell Eldon) has a reported pre -mining water level depth exceeding 10 feet.. The rest of the wells either have reported depths to water of less than 10 feet or no recorded level so the depth remains "uncertain." If the recorded well locations and depth to water are correct relative to the pit and if the wells are located near vulnerable structures (homes with basements or excavations), those structures could be vulnerable to rising groundwater resulting from the slurry wall. Pt Uncertainty Whether future flooding or water logging will occur depend on numerous factors including: 1) well location relative to the pit and slurry wall; 2) the location and depth of vulnerable structures such as homes with basements; 3) the location, magnitude and timing of well pumping and recharge from precipitation, agriculture, and canal seepage that could also affect water levels; and 4) the location of existing drainage or canals that may intercept rising groundwater. Therefore, there is considerable uncertainty whether there is a real and quantifiable risk of significant impact. Mitigation Potential mitigation includes: 1) installing a drain around the slurry wall to minimize any mounding or shadow effect to keep the aquifer at equilibrium 2) or moving or abandoning Mr. J.C. York July 13, 2015 structures with basements. JT has indicated that the installation of the drain around the slurry wall at other similar vel it locations has been successful in mitigating the mounding and shadow effects. The depths locati f pend on the timing and lcatio rising water and hydrologic properties of the aquifer. Recommendations We recommend: Page 3 ,_,l. Canvasing the area within the area of influence to confirm well locations and determine whether any basements or structures could potentially be impacted; 2. Evaluating whether the existing monitoring well_ network is adecuate to monitor recovery after the sl wall is installed and installin additional wells if rL if actual recovery appears to be exc ,and designs (depths and size) to_mitigate the situation. Intercepted groundwater could be ed down gradient and recharged to prevent impacts to senior water rights. Hydrologic Setting Up to approximately 100 feet of saturated sand and gravel make up the alluvial aquifer located within 2 miles of the Poudre River. The stratigraphy of the valley fill and particle size distributions beneath the Poudre River observed in gravel pits was examined in detail by Langer and Lindsey, 1999. The aquifer consists primarily of sand and gravel with minor fine-grained i nterbeds. The aquifer was evaluated and modeled in detail by CDM-Smith, 2013 to support the Colorado Water Conservation Board's (CWCB) South Platte Decision Support System (SPDSS). Model Construction MWE constructed a groundwater model of the alluvial aquifer north centered on the Loloff pit, extending approximately one mile on either side. The model domain is 10,000 feet square on each side, consisting of 100 rows and 100 columns with model 100 foot square model cells. The model includes all of Sections 4 and 5 in Township 5 North, 65 West (6tul PM), and the northern half's of Sections 8 and 9. The model also includes the southernhall's of Sections 31 and 32 in Township 6 North, 65 West (fah PM). Approximately 15,000 feet of the Poudre River crosses the model from west to east. The river is hydraulically connected to the alluvial aquifer at all times, and the groundwater gradient is from west to east. This is consistent with Figures 4-3 and 4-4 of the South Platte Alluvial groundwater model (CDM-Smith, 2013). Well Data Appendix A includes well data from 104 wells located within the model area. The database consists of only active well permits with the exception of a few abandoned wells with usable well data, none of which are included in Table 1. We removed shallow monitoring wells that did not penetrate the alluvium, wells in excess of 119 feet deep thought to be completed in bedrock, and all duplicate well permits. The depth of wells range from 21 to 119 feet and averages 45 feet. The depth to water ranges from 2 to 46 feet and averages 16 feet. The reported f COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Co 80203 August 4, 2015 John Vasquez Loloff Construction, Inc. 106 Rock Budge Ct Windsor, CO 80550 Re: Loloff Construction, Inc., Loloff Mine, File No. M-1985-112, 112c Permit Amendment (AM -01) Application Second Adequacy Review Mr. Vasquez: The Division of Reclamation, Mining and Safety (Division/ORMS) has. reviewed the content of the Loloff Construction, Inc. permit amendment application adequacy response for the Loloff Mine dated July 10, 2015 and submits the following comments. The Division is required to make an approval or denial decision no later than August 31, 2015 therefore; a response to the following adequacy review concerns should be submitted to the Division as soon as possible. The Division requests the Applicant submits updated exhibits with a revision date in response to this adequacy letter instead a full copy of the amendment application package. Item #1 from the May 19, 2015 adequacy letter was addressed satisfactorily by the Applicant. 2. As required by Rule 1.6.2 (e), please submit proof of the notice to all owners of record of surface and mineral rights of the affected land and the owners of record of all land surface within 200 feet of the boundary of the affected land including all easement holders located on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. a. The Applicant stated they submitted proof of notice to .all land owners within two hundred feet of the amended area. The Applicant is required to submit proof of notice to all owners of record of surface and mineral rights of the affected land and the owners of record of all land surface within 200 feet of the boundary of the affected land including all easement holders located on the affected land and within 200 feet of the boundary of the affected land for the entire mine site, not just the land and easement owners within 200 feet of the northeast amendment area. Please submit proof of notice to all land owners with 2O0 feet of the Loloff Mine. 1313 Sherman Street, Room 215, Denver, C© 80203 P 303.866.3567 F 303.832.8106 http: //minang.state.co.us John W. 1lickenlooper, Governor Mike King. Executive Director I Virginia Brannon, Director Loioff AM -01 Second Adequacy Letter Page 3 of 3 August 4, 2015 6.4.7 Exhibit G - Water Information 12. The Division engineering staff has reviewed and accepts the MODFLOW model and report dated July 13, 2015 by McGrane Water Engineering, LLC, 13. Please provide mitigation measures for the groundwater mounding and shadowing effects due to the proposed slurry wall to be implemented and trigger points which would put mitigation measures into effect. The mitigation measures must include a scenario for the installation of a French drain to direct groundwater around the slurry wall and restore groundwater levels to the historic elevation in area of groundwater mounding. The Applicant was not required to respond to Item #14 from the May 19, 2015 adequacy letter. 6.4.18 Exhibit R - Proof of filing with County Clerk and Recorder 15. Please provided an affidavit or receipt indicating the date on which the revised application information required to address this adequacy letter was placed with the Weld County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). 6.5 Geotechnical Stability Exhibit 16. The Division staff is reviewing the updated stability analysis dated July 2015 from J&T Consulting, Inc. The Division will contact the Applicant under separate cover if additional information is required. Please be advised the Loroff Mine amendment application may be deemed inadequate, and the application may be denied on August 31, 2015, unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If more time is needed to complete the reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of the Applicant's right to a decision by August 31, 2015 and request for additional time. This must be received no later than the deadline date. If you have any questions, please contact me at (303) 866-3567 Ext. 8124. Peter S. Hays Environmental Protection Specialist Cc: Wally Erickson, Division of Reclamation, Mining & Safety J.C. York, J&T Consulting, Inc. (email) McGrane Water Engineering, LLC 4475 t?tttt\\oOit [Tact • I34JL;ILLCE . G) S($ 3() I • Pill '.1+ cL,nnisw rncarancw ler earn July 13, 2015 Mr. JC York J&T Consulting, Inc. 305 Denver Avenue, Suite D Ft. Lupton, CO 80621 RE: Loloff Pit - Slurry Wall Assessment Dear Mr. York: I' V i a email at McGrane Water Engineering ahs The Loloff gravel pit mine is located approximately I mile east of Greeley, Colorado in Section 4, Township 5 North, Range 67 West of the 6►`h principal meridian. The site is located approximately 1/2 mile north of the Poudre River, approximately 5 miles upstream of the confluence with the South Platte River. The pit is currently being mined under pennit M-1985- 112 by Loloff Construction Company. J&T Consulting, Inc. (JT) requested that McGrane Water En ineers, LLC. MWE determine the hydrologic impacts of installing a slurry wall around the Loloff nit Burin Anticipated impacts include a rise in the water table on the up ,gradient side of the slurry wall compared to predevelopmcnt conditions and a decline in the water table on the down gradient side, Water level increases to within 10 feet of the surface on the up gradient side of the pit could flood existing structures such as basements or cause water logging and phreatoph rte ,growth. A decline in water levels on the down gradient side could reduce the aquifer saturated thickness and well yields if pumping rates are already maximized. . Using a MODFLOW -model with reasonable boundary conditions and aquifer properties, MWE determined that the maximum increase in water levels up gradient frog__ the mine will be approximately 2 feet, and the maximum decrease in water levels down gradient from the pit will be approximately 2 feet. The average depth to groundwater for 79 wells with reported water levels located within the model area (approximately a mile from the pit in all directions) is 16 feet. However there are several wells located within the u adient area of influence eater than 0.5 feet increase) that have reported water levels of less than 10 feet. Table 1 shows the impacted wells located within the area of influence. 4 -1001 -r - 4 0°25°48"N 104°40125"W 3 m i Mr. J.C. York July 13, 2015 v3,7 0 O Page 2 Table 1— Wells within area of influence of Proposed Slurry Wall Well Data Iron, Wells Within Area of Influence model Results _ Depth to Water (It.) Saturated Thgckness (ft) Max. Change in Water Levels (ft) Future Depth to Water lit, r Saturated Thickness I 1 %Change in Sat. Thick It ) Name Pemit Wel) Depth (Reported Rate (gpm) '' DOWNGRADIENT WELLS ND NO NO [ ND ND ND NO VARPA 758165 F ND _ 31 70 -1 32 69 -1% "DAMS FARMS 14960 R 101 1150 BAAS A C 620 W 45 ..� 800 9 36 -1 10 35 -3% 10 11 33 -1 ND ND N.D TAYLOR JAMES 223885 44 UP GRADIENT WELLS 'TRUJILL0 23312 25 ' 10 5 20 1 4 21 5% 1 7 12 9% ORONA 28174 19 20 8 11 ND ND IV[? ND 1 Uncertain Uncertain Uncertain +PALMA 297435 34 t 2 14 36 6% HARRELL ELDON 226878 50 15 a 16 ROTHE 259513 27 20 2 25 1 1 26 4% TRUYELLO 2947 F 21 400 6 15 1 5 16 7% HARRELL BRIAN , 2.87278 30 50 N D ND - 2 Uncertain Uncertain Uncertain DILXA 44539 34 25 3 31 1 2 32 3% 25 50 2 23 1 1 24 4% VANBEBER 25941 'WADSWORTH 19472 F ND 105 NU ND 1 Uncertain Uncertain Uncertain VANBEBER 16038, 2.5 24 4 21 1 3 22 5% 4 231.7J ,� Al A.r1c�4,..-► 4° � i fr L PLC ct.4 !LOCIALitrii : l Three down gradient wells can be expected to experience a decline in water levels of approximately 1 foot. Since well yield is proportional to the saturated thickness, we would expect less than a 5% decrease in the maximum theoretical pumping rate of those wells. We do not believe this is a significant impact. CC() (.'ct CA) C t� I r Based on our modeling, eleven up gradient wells can be expected to have 0.5 to 2 foot increases in water levels. Only one of those wells (Harrell Eldon) has a reported pre -mining water level depth exceeding 10 feet. The rest of the wells either have reported depths to water of less than 10 feet or no recorded level so the depth remains "uncertain." If the recorded well locations and depth to water are correct relative to the pit and if the wells are located near vulnerable structures (homes with basements or excavations), those structures could be vulnerable to rising groundwater resulting from the slurry wall. A Uncertainty Whether future flooding or water logging will occur depend on numerous factors including: 1) well location relative to the pit and slurry wall; 2) the location and depth of vulnerable structures such as homes with basements; 3) the location, magnitude and timing of well pumping and recharge from precipitation,agriculture, and canal seepage thatcould also affect water levels; and 4) the location of existing drainage or canals that may intercept rising groundwater. Therefore, there is considerable uncertainty whether there is a real and quantifiable risk of significant impact. Mitigation Potential mitigation includes: 1) installing a drain around the slurry wall to minimize any mounding or shadow effect to keep the aquifer at equilibrium 2) or moving or abandoning .4 Mr. J.C. York July 13, 2015 structures with basements. JT has indicated that the installation of the drain around the slurry wall at other similar vel it locations has been successful in mitigating the mounding and shadow effects. The depths locati f pend on the timing and lcatio rising water and hydrologic properties of the aquifer. Recommendations We recommend: Page 3 ,_,l. Canvasing the area within the area of influence to confirm well locations and determine whether any basements or structures could potentially be impacted; 2. Evaluating whether the existing monitoring well_ network is adecuate to monitor recovery after the sl wall is installed and installin additional wells if rL if actual recovery appears to be exc ,and designs (depths and size) to_mitigate the situation. Intercepted groundwater could be ed down gradient and recharged to prevent impacts to senior water rights. Hydrologic Setting Up to approximately 100 feet of saturated sand and gravel make up the alluvial aquifer located within 2 miles of the Poudre River. The stratigraphy of the valley fill and particle size distributions beneath the Poudre River observed in gravel pits was examined in detail by Langer and Lindsey, 1999. The aquifer consists primarily of sand and gravel with minor fine-grained i nterbeds. The aquifer was evaluated and modeled in detail by CDM-Smith, 2013 to support the Colorado Water Conservation Board's (CWCB) South Platte Decision Support System (SPDSS). Model Construction MWE constructed a groundwater model of the alluvial aquifer north centered on the Loloff pit, extending approximately one mile on either side. The model domain is 10,000 feet square on each side, consisting of 100 rows and 100 columns with model 100 foot square model cells. The model includes all of Sections 4 and 5 in Township 5 North, 65 West (6tul PM), and the northern half's of Sections 8 and 9. The model also includes the southernhall's of Sections 31 and 32 in Township 6 North, 65 West (fah PM). Approximately 15,000 feet of the Poudre River crosses the model from west to east. The river is hydraulically connected to the alluvial aquifer at all times, and the groundwater gradient is from west to east. This is consistent with Figures 4-3 and 4-4 of the South Platte Alluvial groundwater model (CDM-Smith, 2013). Well Data Appendix A includes well data from 104 wells located within the model area. The database consists of only active well permits with the exception of a few abandoned wells with usable well data, none of which are included in Table 1. We removed shallow monitoring wells that did not penetrate the alluvium, wells in excess of 119 feet deep thought to be completed in bedrock, and all duplicate well permits. The depth of wells range from 21 to 119 feet and averages 45 feet. The depth to water ranges from 2 to 46 feet and averages 16 feet. The reported Mr. J.C. York July 13, 2015 Table 2 - Steady State Mass Balance Prior to Loloff Pit Parameter Inflows (cfs) Outflows (cfs) In - Out (cis) River 2.2 3.6 -1.4 Aquifer Subflow 5.6 4.2 14 Total 7.8 7.8 0.0 Page 5 The net river gain of approximately 0.7 cfs per mile appears reasonable. We do not believe that the pit slurry wall would significantly change the overall timing and location of historical river gains. Model Runs We conducted two model runs to evaluate the hydrologic effects of installing a slurry wall around the Loloff Pit. Run Lol SS6 was meant to simulate the water table before the water table was disturbed by pit excavation. Figure 1 shows the resulting water table gradient where it crosses the Poudre River and through the outline of the future pit area and slurry wall. in run Lol_SS7, the model cells within the pit area are turned off to not allow aquifer flow through the pit which simulates the effect of proposed slurry wall. Figure 2 is the contoured difference between the Post -Pit Run (Lol_SS7) - the Pre -Pit Run (Lot SS6). Positive values on the left side of the pit reflect mounding and negative values on the right side reflect lower water levels in the "shadow" of the pit. The maximum change in water levels is +/- 2 feet. Model Sensitivity The model results are insensitive to differences in hydraulic conductivities (K) since mound height is inversely proportional to K and aquifer inflow is directly proportional to K. Therefore, since the aquifer gradient and thickness are constant,, an increase in K will cause a proportional increase in model inflows which would increase mound height proportionally, but this does not occur because the higher K causes a proportional decline in mound build-up. Model results are insensitive to streambed leakance since the streambed is very permeable so large amounts of water can move in and out of the stream in response to up -gradient mounding and the down -gradient shadow effect. The model is sensitive to the area of the slurry wall, but this is a fixed parameter. Therefore, the model is relatively insensitive to input parameters and boundary conditions. We believe however that the model results in Table 1 are sensitive to: 1) the relative location of wells and vulnerable structures such as basements to the up -gradient side of the pit; 2) to the accuracy of reported predevelopment water level depths; and 3) to the timing, location, and magnitude of various types of recharge such as precipitation and canal recharge. Nlodel Results, I'ncertaint.\litigation, and Recommendations Results, uncertainty, mitigation, and recommendations are discussed earlier in the report, Mr. J.C. York July 13, 2015 Page 8 Figure 2 — Change in Water Levels at Lolnff Pit (LWl'SS7.hds — Lol_SS6.hds) ,sCHuEEai Up -gradient mound LNL smutty erCluItLLt� ,pRarvh +- 140 ti pi.) THE j,.EGLEP puItdTANA k ++nEe BELL EL40N pE F f . thad: it'LL t elPt •1 &u YELL, ,p1 Ltirs w 8C8E 51 p SEP en -fur PSOM QPUL ANC' putac ,OSH E KU Li}LA}FN PIT FRANCi fPSFIC I 3 4?ANE E 3. Al wsPt F Down -gradient "shadow" Jet 'DJ ]hri£ H�IFF 3 FnPnS - 0,5 It vg r pE 151 uGtII TILL ,p' 3 pORTO 11 Mr. J.C. York July 13, 2015 Page 9 Appendix A — Loloff Pit Vicinity Wells and Model Data Name Pernik No. Two Rng Sec Qtr OW IUTM x (ft) UTM W (it) Well Depth. (n) Rate (Well Depthto Water 1 y Sat. Thick. fit) VARRA 75865 F 5 N 65 W 4 4 - - 1732812 d 14682738 14684685f - - - 101 1150 31 70 NE NW 1733414 DAVIS FARMS 14960 R 5 N 65 W NOFFSINGE'R 246784 5 N 65 W 4 NE SE 1734930 14682796 80 15 44 36 NORTH FRONT 19089 5 N 65 W 4 NE SE 1734752 14683343 39 32 7 RAABAC 620 5 N 65 W 4 NE SW 1733416 14683388' 45 800 9 36 LgLOFF 177467 F S N 65 W 4 NW - 1731464 14684108 - - - - RULAND 421 5 1 65 W 4 NW NE 1732111 146847461 87 10 40 47 RULAND i 44673 S N 65 W 4 NW NE 1732429 14684953 ; 72 25 40 32 11OSHIXO ! 12332 R 5 N 65 W 4 Nw NE 1732110 14684746 103 1400 35 68 TRUJILLO 23312 SNOW 4 NW NW NW NW 1730777 1730777 14684838 14684738 25 19 10 5 20 8 11 20 ORONA 28174 5 5 N N 65 65 W W 4 - 4 NW NW' 1730379 14685218 1.8 15 SHERLEY 296356 PALMA 297435 _ N 65 W 4 NW NW 1730143 14684377 - • - - HARRELL ELDON 226878 N 65 W 4 NW NW 1.731195 14684210 50 15 16 34 SHERLEY 205113 N 65 W 4 NW NW 173020914684789 45 15 6 39 ROTHE 259513 N 65 W 4 NW SW 1.1730220 14683703 27 20 2 25 jTffUYELLO 2947 F N 65 W 4 NW SW 1730745 14683476 21 400 6 15 HARRELL BRIAN 287278 N 65 W 4 NW SW 1731364 14683824 30 50 - DILKA 44539 N 65 W a NW SW 1730745 14681416 34 25 3 31 VANBEBER 25941 N N 65 W 4 NW SW 1730745 14683376 25 50 2 23 14683276 • 105 - - 19472 F 65 W 4 NW SW 1730745 WADSWORTH 14683176 25 24 4 21 NW SW 1730745 N 65 W 4 VAN9EBER 16018 SUMMIT 2020 F 5 N 4 SE NE 1735103 14682023 ; 25 - 6 19 MEISINGER 112713 R 5 N 4 SE i NW 1733402 14682148 - - - SALt. 13065 R 5 N 4 SE NW 1733402 14682048r 39 500 6 33 R & 5 11092 R 5 N 4 5E NW 1133402 14681948 45 800 9 36 ELLSW'ORTH 12335 R S N 65 W , 4 SE SE 1734727 14680702 28 400 6 22 DUGGAN 285446 5 N 65 W 4 5'E SE 1734556 14681221 56 15• • 0 U6641 68387 F 5 N 65, W 4 SE SW 1733778 14680399 - •- 10 11 33 Sw SW NE 1732680 14682674 44 5 £4 65 W 4 TAYLOR JAMES 123885 4 26 NE 1732446 14681436 30 30 W 4 GREELEY MEAT CO. 2368 R 5 N;65 - - B' XOHLHOFF 223887 5 M1 W 4 SW NE 1732420 14682587 20 fRANCl5 26555 5 N 65 W 4 5W NE 1131724 14683265 i 44 20 7 37 MIDEXCO 134824 5 N 65 W 4 SW NE 1731752 14681834 I 35 15 7 28 FRANCIS. 30562 F 5 N 65 W 4 SW NE 1131198 14682394 39 250 5 34 STEWART 76555 5 N 65 W 4 SW NE 1732066 14682074 36 40 4 32 FRANCIS 135883 5 N 65 W 4 SW NF 1731458 14682333 32 40 - • THOMPSON 44981 5 N 65 W 4 SW NW 1730729 14682098 33 10 7 26 GREELEY CITY OF ARNOLD J 291755 5 N 65 W 4 Sw 5w 3730550 14680953 40 - - - 17 NE NE 1729287 14684580 14684561r- 19 46 15 2 130671 S 1 65 W S 4 42 15 DYER 72586 S N 65 W 5 5 NE NE 1728791 - - - NE • NE 1729436 14684923 25 REED 465 5 N 65. W LEGLER 265613 5 N 65 _W S NE SE 1729464 146830041 •- - ARNOLD 269691 5 N 65 W 5 NE SE 1729290 .146840051 42 7 35 PETERSON ,, :420 F 5 N 65 W S NW SE 1726114 14683624 28 55 .9 9 QUINTANA 40006 5 N 65 W 5_ SE NE 1729393 14682126 29 15 6 23 KRAMER 40088 5 N 65 W 5 SE ' NE 1729398 14682026 32 12 7 25 TYE JAY 82310 5 1.65 W 5 SE NW 1727835 14681664 - 20 - - NOFFSIN!fiER 20193 F 5 Ni65 N N N 65 65 65 W WhY W w 5 SE NW 1727552. 14682602 41 2100 15 26 28 5 SE NW 1727551 14682502 41 - 13 NOFTSINGER 20194 F 5 18 14682154 46 350 18 5 SE NW 1728073 MARTIN 10924 F 5 14680727 1 35 60 11 24 5 SE SE 1729379 GOODFELLOW 8324 5 WILLIAMS 20307 5 N 65 4x1 5 SF SE 1729379 14680627 23 50 6 17 UNITOG RENTAL 43687 F S N N 65 65 w W c, 5 _ SE SW SE - SW 1728038 14580704 - 2' - - 1727718 14680663 42 - - - TRIPLETT/WOOLF 39173 F 5 MARTIN 25866 F S N 65 W 5 SW NE 1727061 14682471 30 350 14 16 DYER 19156 5 N 65 W 5 SW NE 1726749 14682182 29 75 12 17 BRAWNIER 21555 5 N 65 W S SW NE 1726749 14687082_ 20 10 5 15 GEHRING 14802 R 5 N 65 W 5 SW NW 1725424 14682312 8' 1540 5 3' 31 20 - - _ SW NW 1725424 NW 1725424 14682212 14682112 'COMMERCIAL 7715 F 5 N 65 W 5 31 10 - - 65 W 5 SW GREELEY CITY OF 29743 5 N SMIITH 835 S N 65 W 5 SW SE 17263400 14680919 36 10 - - JO -ED C 539 5 N 65 w 5 SW SW 1725669 14680853' 24 500 GREELEY 9687 F S 1 65 W 5 SW SAM 1725396 14680848 42 200 12 30 FIRST NATIONAL 10957 R 5 N 65 W 5 t SW SW 1725396 14680748 24 300 4 20 GREELEY ICE 9687 F S N 65 11 15 [ SW SW 1725396 146806481 35 - - - Mr. J.C. York July 13, 2015 Page 10 Appendix A — Loloff Pit Vicinity Wells and Model Data (continued) Name Permit No. Twn Reg Sec ,Mx Qtr UTMx (1t) UTM y(ft) Well Depth VI) Rate IBPmI Depth to Water (ft) Sat. Thick. Ift) SCHUMACHER 3204 1 5 N 65 W 8 NE NE 1.729367 14679369 50 30 14 36 CUMMINS 90572 5 N 65 W B NE NE 1729777 14679428 48 15 19 29 EISENMAN 30128 5 N 65 W 8 NE SE 1729373 14678051 37 20 20 17 HIKER 5205 5 N 65 W 8 NE SE 1729373 14677951 36 30 17 19 ARAGON 189173 5 N 65 W 8 NE SW 1727639 14677723 40 15 11 29 WELD CTX DIST 194351 5 N 65 W 8 NE 5W 1728342 14678629 37 10 15 22 FNR INC 31872 F 5 N 65 W B NE SW 1728026 14678453 41 15 19 22 ALLNUTT 39156 F 5 N 65 W S NW NE 1726812 14678941 38 15 14 24 HULEN 16542 5 N 65 W 8 NW SE 1726710 14678043 30 20 12 18 MOORE 29378 5 N 65 W 8 NW SE 1726710 146/7943 37 25 13 24 WELD 553 5 i N 65 W 8 NW SW 1725379 14618038 73 500 - • WALLER _ 192932 5 N 65 W 8 NW SW 1724838 14678012 50 - 42 8 WALLER 192933 5 N 65 W 8 NW SW. 1724838 14677932 55 - 43 12 _ PRAM 137543 5 N 65 W 9 NE NE 1735335 14678744 40 36 6 34 GODDARD 239629 5 N 65 W 9 NE NE 1734642 14678855 - - - • BROUGIHHTON 5099 5 N 65 W 9 NE NE 1734713 14679382 54 10 20 34 SLAV€NSIO _ 9844 5 N 65 W 9 NE NE 1734713 14679282 36 10 9 27 LANG 88796 5 N 65 W 9 NE ! NW 1733884 14679840 40 50 - - KENNtS+0N 27104 5 1 N 65 W 9 NE SW 1733375 14678061 41 20 23 18 FARR 833 5 N 55 W 9 NW NW 1730701 14679472 15 - - - GREAT 10152 R 5 N' 65 W 9 NW NW 1730701 14679372 32 800 20 12 GREAT 13441 R 5 N 65 W 9 NW NW 1730701 14679272 20 700 5 15 HONSTEIN 15936 R S N 65 W 9 NW SE 1732040 14676058 45 350 16 29 ROSENBERG 2.3701 5 N 65 W 9 fl SE 1732040 14678058 36 30 1$ 18 ROSENBERG 12200 R 5 N 65 W 9 NW SE 1732040 14677958 33 500 21 12 ZARKA 12724 R 6 N 65 W 32 SE 1730021 14688210 80 1' 35 45 HUNGENRERG 12605 R 6 N 65 W 32 SE 1729419 14687686 119 500 46 73 PARKER IA 45785 • 6 N 65 W 32 SE 1729419 14687586 80 . 15 40 40 GREAT WESTERN 10153 R 6 N 65 W 32 SE 1729419 14687486 64 750 20 44 BLACKWELL 12725 R 6 N 65 W 32 SE SE 1729435 14686276 75 300 33 42 ZULLO 12728 R 6 N 65 W 32 SE SW 1728118 14686362 30 300 6 24 MONFORT IS wells) 16885 F 6 N 65 W 32 SW NE 1726449 14687805 69 1320 14 55 GREELEY 2707 F 5 N 65 W 32 SW NW 1725473 14687871 ' 75 900 5 70 65 W 32 5W SW 1725401 146863% 55 15 10 45 ACTION 155941 6 N W 33 SE NE 1734734 14687302 110 1200 35 75 65 65 KOEHLER 11564 _ R 6 N W 33 SE NW 1733402 14687469 79 16 36 43 HUNGENBE RG 14658 6 N W y 33 SE NW 1733402 1468736'9 87 1000 40 47 BUSS 12334 R 6 N 65 HUNGENBERG 14508 R 6 N 65 W 33 SW NE 1732070 14687436 105 900 30 75 SCHWEERS 115380 6 N 65 W 33 SW SW 1731190 14685691 116 15 34 82 mist r 15 1 10 2 7 Max 119 1500 46 82' Averaee 45 244 16 31 Appendix B - Saturated Thickness (ft) Source: Colorado Division of Water Resources Database Page Ri Mr. J.C. York 1 3. 2015 Page 6 COM -Smith. April. 2013. sith MAW; L)ccisicto Support SiAlern f imi& Orounthcatcr Model- Kqyrt. Hun. R. and Schneider_ . P. 1 Y2 r l lvdrogcoltigic Characteristics of the Valley Fill Aquifer in the Urecle:k Reach of thy; Sotnh Platte P. a'rt Valley Ci.)lontdo 1. USES Open File Rcirs-irt 73424. J&T Consulting, Inc.. August 27. 2013. Leiter to Peter Hays tCQlorado ,)Rh_1,S1, _Re- LAtiff Pi[_ Technic& Revision plc'. l Request erRnElk No.. ' M-19 5 -1 12...1 pons _tg. Adequu.of Re v n ►r IW nci;ts - Isis c ntluence Calcuiatihn. Langer. V` H., and Lindse}y, D. ' 1999. fie tea t►c, it mead) liar wind im_ I_in the Cache l ''o't+dre River valley t..S. Geological Open -rile Report 944- S87. 2' p i.indsa ,.. D.A., Langer, \t, 14 . and K nepper, Olt. 2005. Struttgralphy, LitttvIown , and irtlnt - cacu- � Quilternan _Mita ial Deposits QT the .Slit Platte River and Scout; of its ` ributtr'ies East of ffitir Front Ian. Colorado. . US_ Geological Stifle, Professional Paper 1705. Lindseti . D. A.. Langet _ 1-1.. and Shari, J. F _ 1998, Gravel deposits ,21 We South PI4mt • Riy r tial north tit Denver. Colorado. Pon 13 a .ravel dvpc'sits fyi a ,gJ-c• tc. I S. Geological SurN c Open -File Report 98-14813. ?4 p_ The technical material to this report was prepared by or under the 3upervisiOtt and direction of Denniti McCrane F_[ . C .P O., whose seal as a Professional Engineer in the Stale c f ( oleraikr and Americas Institute of Professional Geologists t MMPCi ) Certified Profession Ci€ologiat (CPC.i t ate affixed Gib • 4. . a Dennis McG�-ane. aoc P.113131 botoft Pit Technical Revisron()rawingskilan ShcetsUT-site exhdbit_ vvg Srte With Welts 8124/2013 b grew d ,4 •-•1/4 I t p C t aJOIiN CARL$ON BRIAN HARRELL 1 #2 DEWATERING DISCHARGE POINT MONROE EXISTING WETLAND POND ---'" . • ibis & LARRY MONROE • 4 C STREET • 4 SITE - SYLVIA IA ti PARKER a •) I . M W7 D EWATERI NG POINT #3 4tIsiwr ROBERT (ROCKY) 71 FRANCIS . ' r Phi- 44 frac • KIWI 8TH STREET LEGEND: • WELL LOCATION 250 D 500 SCALE IN FEET • JET Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton, CO 80621 303-857-6222 Loloff Construction, Inc, Loloff Pit Site Map Dote; 8.26.13 Job No: 13137 Drawn: WSS Scale: t " — 50O Sheet: 1 O%:1 4 -1001 -r - 4 0°25°48"N 104°40125"W 3 m i 658.9 W GS _ 198&We b_ M erc a to r_Au x i l i.a ry_S p h ere Weld County Colorado 329.44 658.9 Feet This map is a user generated static output from an Internet mapping site and is for reference only Da:a layers that appear on this map may or nay no: be accu`ate, current, or ctierwise rGliab e - THIS MAP IS NOT TO BE USED FOR NAVIGATION cyerin e Fort Cult,s rt i - tkder p Legend Parcels Water Wells Unknovv► Application Denied Application Unacceptable Application Withdrawn Permit Canceled Permit Expired Perni: Extended Permit Issued; Completion Status t 6 6 w 6 e Highway County Boundary Well Abandoned Well Constructed Notes PERMIT #: M-1985-112 INSPECTOR'S INITIALS: PSH INSPECTION DATE: December I, 2017 comply with the corrective action may result in the problem escalating to possible violation and an enforcement hearing being scheduled in front of the Mined Land Reclamation Board. The Slurry Wall Assessment report, dated July 13, 2015, by McGrane Water Engineering, LLC submitted as part of AM -01 indicates the Francis wells will not be impacted by shadowing or mounding effects from the slurry wall. The Operator is required to monitor the groundwater levels in the Francis wells to verify the installation of the slurry wall restores the Francis wells to historic groundwater elevations. Overall, based on the observation from this report, the lack of groundwater monitoring data from the Operator and radius of influence calculation, dated July 3, 2013, provide by the Operator, the Division believes the Loloff Mine has caused disturbances to the prevailing hydrologic balance of the surrounding area and to the quantity of water in the groundwater system. Mr. Francis stated during the inspection of his properties his preference is to hire a well company himself to investigate the irrigation well, Well #2, Permit # 30562-F. He does not want the work completed by Loloff Construction, Inc. Photographs taken during the inspection and the inspection map created with the GPS data collected during the inspection are attached. Inspection Contact Address Mr. Kelly Hodges Loloff Construction, Inc. 801 8th Street, Suite 130 Greeley, CO 80631 Ec: Wally Erickson, DRMS Rocky Francis, landowner Page 6 of 10 STATE OF COLORADO Mined Land Reclamation DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 966-3567 FAX: (303) 832-8106 June 20, 2013 Mr. Don Loloff Loloff Construction, lnc. F.O. Box 518 Kersey, Co 80644 Re: Loloff Mine, Permit No. M-1985-112 Pit Dewatering. Mr. Loloff: COLORADO DIVISION OF RECLAMATION MINING SAF ETY John W. Hickenlooper Governor Mike King Executive Director Loretta E. Pineda Director Larry Monroe, the owner of the property adjacent to the west boundary of the Loloff Mine, informed DRMS today by phone that his stock well is dry (well permit #44981). ORMS inspected the well as part of the Loloff Mine inspection on June 3, 2013. At the time of the inspection, the well appeared to have shown no impacts from pit pumping in the adjacent Loloff Mine (although the history of the static water level in the well is unknown). The Monroe's pond had dried up, but it was unclear then whether changes in surface inflow or groundwater level was the cause. The Loloff Mine is not approved for the current dewatering operations or to mine the site as a dry mine. As a corrective action, the June 3, 2013 inspection report required th.e Operator to submit a Technical Revision by July 15, 2013 to revise the mining, plan to allow for dry mining. The Technical Revision is to include a study of the potential impacts to groundwater quantity and a mitigation plan if groundwater levels are affected by dewatering activities. Given that the pit pumping is not part of the approved mine plan, and the nearby Monroe well is dry, DRMS revises the corrective action to include immediate cessation of pit pumping until the Technical Revision is approved. Sincerely, Tem kieleithe Tom Kaldenbach Senior Environmental Protection Specialist cc: Peter Hays, DRMS Tony Waldron, DRMS Office of Office of Denver • Grand Junction • Durango Active and Inactive Mines aoc P.113131 botoft Pit Technical Revisron()rawingskilan ShcetsUT-site exhdbit_ vvg Srte With Welts 8124/2013 b grew d ,4 •-•1/4 I t p C t aJOIiN CARL$ON BRIAN HARRELL 1 #2 DEWATERING DISCHARGE POINT MONROE EXISTING WETLAND POND ---'" . • ibis & LARRY MONROE • 4 C STREET • 4 SITE - SYLVIA IA ti PARKER a •) I . M W7 D EWATERI NG POINT #3 4tIsiwr ROBERT (ROCKY) 71 FRANCIS . ' r Phi- 44 frac • KIWI 8TH STREET LEGEND: • WELL LOCATION 250 D 500 SCALE IN FEET • JET Consulting, Inc. 305 Denver Avenue - Suite D Fort Lupton, CO 80621 303-857-6222 Loloff Construction, Inc, Loloff Pit Site Map Dote; 8.26.13 Job No: 13137 Drawn: WSS Scale: t " — 50O Sheet: 1 O%:1 COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY MINERALS PROGRAM INSPECTION REPORT PRONE: (303) 866-3567 The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance with the terms of the permit and applicable rules and regulations of the Mined Land Reclamation Board. MINE NAME: Loloff Mine MINE/PROSPECTING IlD#: M-1985-112 MINERAL: Sand and gravel COUNTY: Weld INSPECTION TYPE: Monitoring INSPECTOR(S): Peter S. Hays INSP. DATE: June 3, 2013 INSP. TIME: 11:01) OPERATOR: Loloff Construction, Inc. OPERATOR REPRESENTATIVE: Don Loloff TYPE OF OPERATION: 112c - Construction Regular Operation REASON FOR INSPECTION: Citizen Complaint - - BOND CALCULATION TYPE: None BOND AMOUNT: $58,200.00 DATE OF COMPLAINT: 5/20/13 POST INSP None NTAC : JOINT INSP. AGENCY: None WEATHER: Clear _ INSP ' _ SIGNATURE DATE: June 14, 2013 S ATURE: The following inspection topics were identified as having Problems or Possible Violations. OPERATORS SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a Possible Violation is indicated, you will be notified under separate cover as to when the Mined Land Reclamation Board will consider possible enforcement action. INSPECTION TOPIC: Gen. Compliance With Mine Plan PROBLEWPOSSIBLE VIOLATION: Problem: The current mine plan needs to be updated and clarified pursuant to C.R.S. 34-32.5-112 (1)(c)(VI).. The Operator must provide sufficient information to describe or identify how the Operator intends to conduct the operation. CORRECTIVE ACTIONS: The Operator shall submit a Technical Revision, with the required $216 revision fee, to update and! clarify the current approved mine plan to reflect existing and proposed activities by the corrective action date. CORRECTIVE ACTION DUE DATE: 7/1.5/13 OBSERVATIONS The Loloff Mine was inspected by Peter Hays and Tom Kaldenbach with the Division of Reclamation, Mining and Safety (Division) in response to a citizen complaint (CT -01) received on May 20, 2013 from Larry and Lois Monroe ('Monroes). The IVionroe's property, 369 East 8th Street, Greeley, CO 80631, is adjacent to the west boundary of the Loloff Mine. The Monroes are primarily -concerned about the wetland pond located on their property. The letter Page 1 of 6 PERMIT 4: M -I985-112 INSPECTOR'S INITIALS. PSI -I INSPECTION DATE: June 3, 2013 ditch that runs along the western border of the site. The ditch runs southeast from the site, crosses under Balsam Ave and Highway 263 (East 8th St.) and into the Ogilvy Ditch. In addition to the discharge to the ditch, the Operator was occasionally pumping water from the pit into water trucks. The Operator stated the current discharge activity is permitted under NPDES permit # CPG500375. The Division estimated approximately 5 feet of water has been pumped from the Loloff Mine at the time of the inspection. The Division approximated the water elevation at 11 feet below the existing ground level (4628') or 4217' in elevation. The Loloff Mine is not approved for the current dewatering operations or to mine the site as a dry mine. As cited as a problem above, the Operator is required to submit a technical revision, per Rule 1.9, to the permit to revise the mining plan to allow for dry mining. The Operator stated 1&T Consultants would be submitting the technical revision soon. During the inspection, the required components of the technical revision were discussed with the Operator and Mr. York. The technical revision must include a revised mining plan, reclamation plan and maps. The revised mine plan must include a study of the potential impacts to groundwater quantity and a mitigation plan if groundwater levels are affected by the dewatering activities. The Operator must quantitatively define or predict the cone of depression expected from the dewatered and dry mining activities. The cone of depression and assessment of other effects should define, at a minimum, the horizontal and vertical extent of expected impacts. The Division will require piezometers to be installed and monitored as part of the technical revision. The Permittee believed there were existing mitigation agreements with the surrounding well owners from when Aggregate Industries was operating the mine. No evidence of existing mitigation plans was located in the Division's permit file. The Division did review the complaint of a loss of a registered well by Tim Taylor, the landowner to the south of the mine site, on August 19, 2008. The complaint resulted in the Permittee paying Mr. Taylor for 2 months of water bills and having a new, deeper well installed to replace the affected well. The Division contacted the Army Corps of Engineers (Corps) to discuss the wetland pond permit. The representative of the Corp stated the type of permit issued for the wetland pond does not guarantee a water right and the wetland is not required to be maintained as a wetland if changes in the local hydrology occur naturally or do to man-made reasons. The Division contacted the Colorado Division of Water Resources (DWR) to discuss the Monroes permitted well and wetland pond and the Loloff Mine. Ms. Stephanie Hamburg with DWR stated the domestic stock well is permitted and being used properly. The DWR did not inspect the wetland pond during the visit to the Monroe property for the well investigation. Conclusion: The Division does not believe sufficient evidence exists to support the IvIonroes complaint that the current dewatering activity at the Loloff Mine has "filled in the natural drainage ditch", which supplies water to their wetland pond. The Corp permit for the wetland pond does not guarantee a water right and no water right for the wetland is approved through the Division of Water Resources. However, the Division does believe the ongoing dewatering activity could temporarily affect the local groundwater elevation in the area. The Operator will be required to determine these potential affects and provide a mitigation plan for permitted water rights in the area. Page 3of6 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES May 28, 2013 Mr Jared Damns, E.I. Aplegate Group, Inc. 1499 West 120th Ave?, Suite 200 Denver, CO 80234-2759 'n( Re: Loloff Substitute Natebr Supply Plan(WDID 0302524) Loloff Pit, DRMS Permit No. M-1985-112 (WD1D 0303012) Section 4, T5N, R65W, 6th P.M. v Water Division 1, Water District 3, Weld County Approval Period: January 1, 2013 through December 31, Contact Phone Number for Mr. Darns_ 303-452-6611 John W. f tickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director/State Engineer RECEIVED SAY 2 9 2013 DIVISION OF RECLAMATION MINING AC SAFETY 2013 (AMENDMENT #1) Dear Mr. Damns: We have reviewed your letter dated March 27, 2013 requesting approval of a substitute water supply plan ("SWSP") amendment on behalf of Loloff Construction, Inc. ("Loloff" or "Applicant") to cover depletions caused by an existing gravel pit operation. This amended SWSP shall replace, in entirety, the SWSP approved for this site on December 31, 2012. The required renewal fee of $257 (receipt no.3659577) has been received. SWSP Operations The primary purpose of this amendment is to add dewatering operations to reflect a change of mining operation from wet mining to dry mining. Due to the new dewatering activities the exposed ground water will decrease, there will no longer be an intermittent fill concurrent with mining, and water use for dust control will increase. At the time of approval of this SWSP the Applicants DRMS mining permit did not allow for dewatering. This SWSP does not authorize any dewatering operations until a Technical Revision is approved b DRMS to allow such dewatering off, eratiohs to occur under the DRMS minim' permit. The Loloff Pit is a gravel pit operation located in the SE% of the NW% of Section 4, Township 5 North, Range 65 West of the 6th P.M., in Weld County. This SWSP will make replacements to the Cache La Poudre River for depletions resulting from mining operations during the 2013 plan year, and for lagged depletions from past operations at the Loloff Pit. Consumptive uses at the Loloff Pit site include evaporative losses from exposed ground water within the permit boundaries, and operational uses. No mining occurred in 2012 however the operator anticipates that the site will be mined below the water table during 2013. The replacement sources proposed to be utilized in this SWSP are leases with the City of Aurora and the Graham Drainage Ditch Company. The well permit issued for this site (Well permit no, 74793-F)does not authorize dewatering. Therefore, a new well permit is required to be issued prior to the start of dewatering activities. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and 'Orifice of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3551 • Fax: 303-866-3589 www.water.state.co.us Mr. Jared Damns, E.I. Loloff SWSP — Amendment #1 May 28, 2013 Page 2 of 6 Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The Loloff Pit is not in compliance with this requirement. On February 2, 2012 DRMS sent a letter to Loloff Construction outlining two options to bring the pit into compliance through raising the bond amount over a three year period. The 2012 SWSP provided that future SWSPs will not be renewed until documentation has been provided to this office that shows Loloff is complying with either the February 2, 2012 DRMS letter or an alternative plan approved by DRMS. This office is in receipt of a September 7, 2012 letter from DRMS to Loloff documenting the exposed groundwater compliance process. This letter provided the option of Loloff purchasing and committing water shares to the State Engineer's Office or the possibility of reducing the final size of the pond to reduce the overall augmentation requirement and the required bond. These proposals will be evaluated by the Loloff's and a revised plan will be submitted to DRMS for their review. To allow replacements to be made while Loloff works on obtaining exposed groundwater compliance, this SWSP will be renewed for 2013. Future SWSPs will not be renewed unless Loloff can show a good faith effort in obtaining compliance and document the steps taken and result of this effort. Depletions Depletions at the site during this plan period will consist of evaporative losses and operational losses, in 2011, the amount of exposed ground water at the Loloff Pit increased from 10.5 acres to 17.2 acres and remained at 17.2 acres for 2012.. It is anticipated that with mining operations and associated dewatering operation in 2013 that the exposed ground water will decrease from 17.2 acres to 2.0 acres by August 1, 2013. Net evaporative depletions were calculated using a gross annual evaporation of 45 inches from the exposed water surface, with a credit of 9.97 inches for effective precipitation. No credit wasclaimed for ice cover periods. The net depletion of ground water due to evaporation of exposed ground water surface was calculated to be 32.90 acre-feet for this plan year. Dewatering will occur at the site to allow for dry mining. Ground water pumped for dewatering purposes will be discharged to a drainage ditch that runs along the west border of the site. This drainage ditch generally runs southeast, crosses under Balsam Ave and then under Highway 263, where it turns east and empties into the Ogilvy Ditch. The Applicant is required to ensure and show the dewatering water is released to the Poudre River through the Ogilvy return structure. This SWSP does not authorize the use of any of these conveyance structures; it is the Applicants responsibility to obtain the legal right to use such conveyances and return structures and to provide documentation their water returned to the river. The operator does not have an end date for the dewatering operation but anticipates the operation will be continuous for at least 5 years. As the pit will refill with ground water once dewatering ceases, this will create a large depletion that must be replaced by the operator. Until the operator has a plan to cover post -pumping depletions, dewatering operations must continue to keep the pit in a dewatered state. As long as the pit is continuously dewatered, the accretions to the stream are assumed to sufficiently offset the lagged depletions from dewatering. However, to properly account for post -pumping depletions all dewatering gperations must be equipped with totalizing flow meter to monitor the month dewatering volumes from the site, with the monthly meter reads reported on accounting submittals. The Applicant projects mining a total of 55,000 tons of aggregate production in 2013. This material will be wet mined below the ground water table and thus assessed a water loss equal to 4% by weight of the material mined, or 1.62 acre-feet. Finally, the Applicant has STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St, Boom 215 Denver. cdla 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 July 23, 2013 J.C. York J &T Consulting, Inc. 305 Denver Avenue, Suite D Fort Lupton, CO 80621 Re: Loloff Construction Inc. Loloff Mine Permit No. M-1985.112 Technical Revision -01) AdequacyrReview COLORADO DIVISION Of RECLAMATION MINING SAFETY John HCkeMOoper t;,Q,r$mrx Mike ► ing Executive Director Loretta PiNada Director Dear Mr. York: The Division of Reclamation, Mining. and Safet Division) has reviewed the content of Loloff Construction Inc, technical revision submittal for the Loloff Mine and submits the following comments. The Division is re uired to make an a roval or denial decision no later than ygust 1, 2013 therefore; a response to the following adequacy review concerns should be _submitted to the Division as soon as possible. 1. The technical revision was submitted by J&T Consulting, Inc. on behalf of Loloff Construction, inc. Please provide a signed authorization letter for J&T Consulting to perform work and submit material for the Loloff Mine on behalf of Loloff Construction, Inc. Rule 6.4.4 Exhibit D - Mining Plan 2, The approved mining plan for the site states the pit will be excavated to a 3H:1V slope from the existing grade to ten (10) feet below the waterline, and at a 2H:1V slope from that 1po� t down. The proposed mining plan states the entire pit slope will be mined at a 3I-i:11/2/spp Please explain how the existing 2H:1V slopes will be backfl1led or otherwise established and stabilized at a 3H:1V slope. 3. Please verify no new manmade structures or easements, including utility easements along Balsam Avenue, have not been constructed within 200 feet of the boundary of the affected lands since the Loloff Mine permit was issued by the Division. Please update Exhibit C — Pre - mining and Mining. Plan Map accordingly and submit proof of notice to the new structure or easement owners. 4. The revised Mine Plan states since reclamation will occur concurrently with mining, it is not anticipated that bedrock material will be stockpiled long-term prior to use if it is used in the reclamation slopes. The revised mining plans states the pit slopes will be mined to the final 3H:V slope. Please explain why bedrock material will be used to reclaim the pit slopes and provide an estimate of the anticipated amount of bedrock material needed to complete the slope reclamation. Office of Mined Land Reclamation Mines Office 01 Denver • Grand Junction • Durango Active and inactive Loloff Mine TR-1)1 Adequacy Letter Page 3 of 6 the ditch and specifications as to how much water the ditch can carry without experiencing erosion. 12. The revision states Loloff Construction proposes to install a recharge ditch along the west side of the pit to mitigate impacts if there are impacts from the dewatering to the other wells — fradjacent to the pit that are within 600 feet of the mining limit Please provide the �designn criteria_ for installing the recharge ditch, provide the dimensions and describe how the ditch would be constructed and reclaimed. ea. Please note the Division will require Loloff Construction to mitigate all impacts to permitted jwrvells affected by the dewateringactivitieSnot lust the wells within 600 feet of them ning limit. 4. The revision does not identify groundwater monitoring locations along th&northt southAnd most of the west boundaries of thellaatiassammit tainstailint.tileitometernng these. boundaries. 15. Please state if all registered alluvial wells within 600 feet were identified based on SEQ records and if field inspections conducted to identify ALL wel s within 600 feeLPleasee identify all wells within 600 feet of the pit on Exhibit C— Pre -Mining Plan map. 16. The Operator states should levels in the existing wells change by 2-4 feet then Loloff Cow ctiorkinc. will mitigate by recharging at locations along the pit to increase the levels of the groundwater so that the impact from dewater is minimized. Plea r justification for the proposed 2.4 feet trigger. Typically, a trigger point of a 2 feet change from historic ground water levels is acceptable. The 0 erator must ex lain any mitigate measures to be implemented and triggerfoints that would put mitigation measures into effect if the recharging method of mitigation is not effective. 17. The revision states Mr. Don Loloff is pursuing agreements with the existing well owners within 600 feet of=the raining limit of the pit. Please provide the Division with signed copies of the agreements when available or provide evidence the appropriate notice was provided to the well owners. 18. The revision states Mr. Loloff is pursuing agreements to use the existing wells from Mr. )Harrell, Mr. and Mrs. Monroe and Mr. Francis to takegroundwater level measurements to monitor the depth of the groundwater adjacent to the pit. Please_provide the Division with signed copies of the agreements. a The revision states Loloff Construction will note the groundwater depths in the Derr Pit monitorin wells Mr. Harre1l's well Mr. And Mrs. Monroe's well and Mr rancis's well to. monitor these levels throughout the course of the mining. Please commit to providing the Loloff Mine TR-01 Adequacy Letter Page 4 of 6 S _ Division with a copy of the monthly groundwater levels as part of the annual report jot the site. 20. Please provide a copy of the agreement between Loloff Construction and Broken Arrow Investments, LLC, operator of the Derr Pit, allowing Loloff to monitor groundwater depths in the Derr Pit monitoring wells. 21. Division staff is reviewing the hydrologic impact model prepared for the Loloff Mine. An additional adequacy review letter may follow pertaining to the hydrologic Impact model submitted with the revision. Rule 6.4.12 Exhibit L - Reclamation Costs 22. The proposed mining and reclamation plans for the site includes dewatering of the pit, the bond calculation for the site must include costs related to dewatering of the pit to account for the costs incurred by the State of Colorado if water had to be removed from the pit in order to establish the proper reclaimed slopes along the pit wall, Please include an estimate for the dewatering activities in the financial warranty estimate. 23. The Division will estimate the cost to reclaim the site based on the information submitted once the Applicant addresses the concerns noted in this letter. 24. The Loloff Mine is not in compliance with the Division's letter dated April 30, 2010 iregardinthe ions -term groundwater augmentation reguiremen forth September 6, 2012, the Division, the Loloff's and their representatives met to discuss , the situation and determine possible alternatives to achieve compliance for the Loloff .Mine. The Operator has not complied with the requirements of the Division's letter to date and has not proposed alternatives to achieve compliance. The Operator must comply with the Office of the State Engineers requirement for out -of -priority groundwater depletions as part of this technical revision. The Applicant mutt choose one of the following bonding options to be included i n the financial warranty calculation to address the long-term groundwater augmentation requirement for the site: a. Backfill the pit to two feet above the groundwater level b. Install a slurry wall or clay liner c. Provide the Division with documentation from SEO, which demonstrates the Operator owns a sufficient amount of shares of water to cover the evaporative losses from the exposed groundwater and the said shares have been committed to the SEC, should the financial warranty be forfeited and the permit revoked. RECEIVED Hoshiko Farms Incorporated Post Office Box 119 Keraey, Colorado 80644 Phone (970) 330-8780 Fax (970) 330-1482 June 22, 2013 Ms. Sarah Brucker., P.E. Water Resources Engineer Office of the State Engineer Department of Natural Resources State of Colorado 1313 Sherman Street, Room 818 Denver, Colorado 80203 SENT BY CERTIFIED U.S. MAIL ARTICLE NO. 70112000000176627246 JUN 2 5,2013 WATER nt�%A.e, STATE ENGIN•EE • cob Re: LOLOFF CONSTRUCTION, INC. WATER WELL PERMIT APPLICATION RECEIPT NO. 3660134 Dear Ms. Brucker, Fioshtko Farms, Inc.. (HFi) is the owner of an irrigation well (Well Permit Nos. 12332-R & 44673) which is located within 600 feet of the subject water well permit application. After consultation with Mr..Douglas Seeley, P.E., HFI believes that the proposed expansion of the existing gravel pit contemplated under the subject water well permit will diminish the production of HFI's well. Therefore, HFI hereby objects to the issuance the subject water well pen•nit and requests that a hearing be convened concerning this matter pursuant to 37-g0-137(2), C.R.S. Sincerely, OSHIK0 F RMS C. az 7 ,../ Dennis J. iHoshiko President Cc: Loloff Construction, Inc. r • wRJT2 s S tor ri•••4 TYPE OR PRINT -IN BLACK INK COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. THE AFFIANT(S) whose mailing address is Clay f •-flisirorar , COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 $herrr►on St, Denver, Colerada 80203 STATE OF COLORADO COUNTY OF Weld 55. RECEIVED JA' 11 1985 AFFI DAVI T AMW ittniueskts #3A7E - E.ml g ICt71,OL, STATEMENT OF BENEFICIAL USE OF GROUND WATER XX AMENDMENT OF EXISTING RECORD (OWNERSHIP CHANGE ONLY) LATE REGISTRATION PERMIT NUMBER 12332 it ,JOHN C . C AAI_,. `t & r, --IP.1 .I_rr,, A ,_ - �"�� ,1 3z/( 370 E, "C" Street, GreeLevjCQ1orado _ -_ 80631 ' ref VII 'LIP' Cooney LOCATION OF WELL • ld T sp. pia' _ j, o{ the A, M 0■ 3 Rng w NW A. 5ec,io„ 65 ' 6th P+,I +r ,• being duly sworn upon oath, deposes and says that he (they) is {are) the owner' s) of the well described hereon; the well located as described above, at distances of So, 3€x'6"feet from the _North Islas" +1• lot II section line and WW67'S" feel from the East section line; water from this well was first applied to abeneficial use for the purpose(s) described herein on the 4th If•}t 94 nr 111 day of • 14 44; the maximum sustained pumping rate of the well is 1800 gallons per minute, the pumping rote cloimlod hereby isTatQP .. gallons per minute; the total depth of the well it 103 al water to be diverted i$ feet; the overage annual amount acre-feet; fur which claim is hereby mode for purpose{,$); the legal description of the land on which the water from this well is used is � 4 w4 f Section 4a_Ti2leiriship S North Ranje 65 kte5t of the Atli Rita of which acres compliance (they) ho Sirgnaturcv, , t4 Y - � � -•JOPI --c , C ARI.St3l 1 Subnd} tac9.,- • /- 1 to be m in slips;jolt of are irrigated and which is illustrated on the mop on the reverse side of this form; e permit approved therefor, this statement of beneficial use of ground water is od e statement made hereon;: knows the content thereof; and that the some OMP E REVERSE SI E OF THIS FORM) A. CARLSON _feiesex.ava , 19 Ski 10 Ls My CI�rni�flr3► siiR�i�s;:- _ - --jilt •r; 'IP *de". A.. • Ltar d k.Laweinc r ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: ,ACCEPTED FOR A CHANGE IN OWNERSHIP ONLY NOV 2 5 1906 DATE, STAT FEMCINEER Assistant ore that this well was completed in filed in compliance with law; he true of his (their) knowledge. OFFICE OF THE STATE ENGINEER, STATE OF COLORADO NOTICE OF GRAVEL PIT WELL PERMIT APPLICATION IN THE MATTER OF AN APPLICATION FOR THE CHANGE/EXPANStON OF USE OF AN EXISTING WELL (GRAVEL PIT) LOCATED LESS THAN 600 FEET FROM EXISTING WELLS APPLICANT: LOLOFF CONSTRUCTION INC. APPLICATION RECEIPT NC 3660134 To: 1) Robert D.. Francis 2) Kari and Renate KohShoff /3) Brian K. Harrell A) James A. Taylor 4) Hoshiko Farms Inc. /6) PDC Energy Inc. .4Noble Energy Inc. et) Great Western Oil and Gas Company LLC On May 23, 2013, Loloff Construction Inc. submitted an application (receipt no. 3660134) for the change/expansion of use of an existing well (gravel pit) constructed under well permit no. 67479-F and currently operated under permit no. 74793-F. The subject well is generally located in the E % of the NW 1/4 of Section 4, Township 5 North, Range 65 West of the 6 ' P.M. in Weld County, Colorado. Information available to this office has shown that the boundaries of the gravel pit may be located less than 600 feet from existing wells. Pursuant to 37-90-137(2), C.R.S., the requested permit cannot be issued by the State Engineer unless the State Engineer finds, after a hearing, that circumstances in this particular instance so warrant, That statute also provides that if the State Engineer notifies the owners of all wells within 600 feet of the proposed well by certified mail and receives no response within the time set forth in the notice, no hearing shall be required. The parties listed above have been identified as the owners of record of existing permitted wells located within 600 feet of the subject well. Notice of the application for the proposed well permit is hereby provided pursuant to 37-90-137(2)(b), C.R S., and a copy of the permit application is attached as Exhibit A. Anyone objecting to the issuing of a new permit for the subject well must submit a written response to this notice not later than 5;00 p.m. on June 2e, 2013 Such response should contain a brief and plain statement of the reasons why the State Engineer should not grant a permit for, the subject well. If responding, please direct correspondence to Sarah Brucker and reference the above receipt number. A copy of the response should oe provided to the applicant The Division of Water Resources is sending this notice because it is required by state statute. The Division of Water Resources is not sending this notice due to a perceived potential for injury or effect on your well that would result from the issuance of the proposed well permit. If you object to the issuance of a permit in this application, you must formally participate in a hearing before the Hearing Officer for the State Engineer. In such a hearing, the Hearing Officer makes his decision based only on the evidence formally presented to him before and during the proceeding. Therefore, to participate in the hearing. you must formally 'file documents. exhibits and you must testify before the Hearing Officer Objections from anyone who does not own an existing well located within 600 feet of the subject well will not be considered. If you do not wish to participate in any heanng that might result in this matter, or have previously signed a 80O -foot well spacing waiver statement, no response isnecessary. R I.A$Ii►it I'LL Property 114gttni.u'r titJ It I�Ui!►i�' t. a -dear% II Applegate LOLOFF ITT (M -B5 112 WELL PERMIT AMA AT ON Overview Map litiio i IiilI.I)1.1 job fl 07- ! rri Ir,•nvn By:IMI) fla Applegate Group. Inc. Water Resource Advisors for the West July 1, 2013 Ms, Sarah Snicker, P.E. Colorado Division of Water Resources 1313 Sherman Street, Room 821 Denver, CO 80203 RECEIVED !JUL 0 3 2013 STATE Etetesatt RE: Hoshiko Farms Objection to Lolofi Pit Well Permit Application (Receipt No. 3660134) Dear Ms. Brucker: On behalf of Loloff Construction, Inc. (Loloff), I am writing in response to Hoshiko Farms' June 22, 2013 letter to you objecting to the issuance of a well permit for the Loloff' Pit (well permit application receipt no. 3660134). The letter states that Hoshiko Farms, Inc, (HFI) owns two well permits (12332-R and 44673) that allegedly are located within 600 feet of the Loloff Pit well permit application; HFI is concerned that the Loloff Pit well permit (if granted) will diminish production from HFI's wells, and therefore HFI objects to issuance of the well permit for the Loloff Pit. I have the following comments: • According to location information obtained from the permit file for Well Permit No. 12332- R, this well is located more than 600 feet from the Loloff Pit property boundary (see attached map). Therefore, pursuant to C.R.S. §37-90-137(2), NFl has no standing to object to the Loloff Pit well permit application based on its proximity to this well. • The location information provided in the permit file for Well Permit No. 44673 is inconsistent and does not provide a definitive location for this well. Loloff requests that DWR personnel verify the location of this well and confirm that it is currently operable before BFI's objection is considered valid. Please contact me at (303)452-6611 if you have any questions pertaining to this response. Cordially, Apple@ate Group, Inc. tired M. [iris, 6.1 Water ator Resource Engineer JMD/t:a Enclosures cc: Don Loloff, L.olafl'Construction, Inc. Dennis Hoshiko, Hoshiko Farms, Inc. AG Fite No. 07-154 N %071 S4 Lolaf►lWoll Perm„ 'Objecio&Rmrpunsc ro l tooh,ku oblcctl+ra.doc 1490 W. 121st Avenue. Salle 100 Denver. Colorado 80234 (3O3) 452-6611 • Fax (303) 452-2759 118 W. 6th Street. Suite 100 www.applegategcoup corn Glenwood Springs, CO 81601 LOU, k': 7 rvee, Form No. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg 1313 Sherman St Denver. Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 37461 -F DIV 1 WD 3 DES BASIN MD i LOLOFF CONSTRUCTION INC C/O APPLEGATE GROUP INC 1490 W 121ST AVENUE STE 100 DENVER, CO 80234-2728 (303) 452-6611 PERMIT TO EXPOSE WATER INA PIT (AMENDED) r' APPROVED WELL LOCATION WELD COUNTY 1/4 NW 1/4 Section 4 Township 5 N Range 65 W Sixth P P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters,Zone 13. NAD83) Easting: Northing 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) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137 (2) and (1 1) for an existing well (gravel pit pond) in accordance with the temporary substitute water supply plan approved by the Stale Engineer on May 28, 2013, for the Loloff Pit, Division of Reclamation, Mining 8 Safety Permit Number M-1985-112. The well (pond) shall not beoperated unless it is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. The water supply plan for this pit is currently valid through December 31, 2015. and if it is not extended or if a court decree is not entered for a plan for augmentation, diversion of ground water from this well must cease immediately 4) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations 5) The annual amount of ground water to be appropriated shall not exceed 127,69 acre-feet with the total surface area of the proposed ground water pond limited to 40 acres, or the amounts covered under a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court, whichever is less. 6) The use of ground water, irraddition to evaporation and dewatering, is limited to water removed with the mined product and dust control. No other use of water is allowed unless a permit therefor is approved. 7) The owner shall mark the well (gravel pit pond) in a conspicuous place with well permit number(s) and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed so as to measure any pumping from this gravel pit pond(s) or trenches and maintained in good working order Permanent records of all diversions from the gravel pit pond(s) or trenches, tonnage cf mined product, and the surface area of ground water exposure shaft be maintained by the well owner (recorded at least monthly) and submitted to the Division Engineer in accordance with the terms and conditions of the approved substitute water supply plan or plan for augmentation. 9) Pursuant to Policy 2014-1 of the State Board of Examiners of Water Well Construction and Pump installation Contractors ("Board"). the minimum construction standards in Rule 10 of the Water Well Construction Rules shall be waived for gravel pit ground water ponds, except compliance with Rule 10.1 and its subsections 10.1.2, 10 1.4, 10.1.6 and Rule 102 and its subsection 10.2.1 is required. The owner of the gravel pit shall take necessary means and precautions to prevent contaminants from entering the gravel pit ground water pond. APPROVED SRB State En ,Receipt No 3660134 DATE ISSUED Page 1 of 2 08-14-2013 EXPIRATION DATE NA TOTAL DEPTH •A' WAIT R TABLE t� H ton E Of DEPRE$SiON Hoshiko Land, LLC Post Office Box 119 Kersey, Colorado 80644 Phone: (970)330-8780 April 16, 2017 '20161g%oii Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED APR i e zora MROVAND Maly Re: Protest of, and opposition to the approval of Regular (112) Construction Materials Operation Reclamation Permit To Whom It May Concern, This letter serves as written documentation of the protest of Hoshiko Land, LLC ("Hoshiko"), a Colorado Limited Liability Company, and its opposition to the approval of the application for a Regular (112) Construction Materials Operation Reclamation Permit filed by Broken Arrow Investments, LLC ("Broken Arrow") in conjunction with the proposed mine known as the Derr Pit, located at or near Section 4, Township 5 North, Range 65 West of the 6th Principle Meridian,. Weld County, Colorado due to its close proximity to Hoshiko's irrigation well identified as Well Permit No. 12332-R in the records of the Colorado Division of Water Resources. Other recent mining operations conducted by Broken Arrow and its predecessors in the immediate vicinity have continuously exposed considerable amounts of groundwater which has dewatered the Hoshiko well beginning in 2014 and rendered it inoperable since then. Further mining proposed by Broken Arrow in this area will cause the Hoshiko well to continue to be dewatered and inoperable for an unacceptably longer period of time. Hence, Hoshiko protests and opposes the approval of the subject Broken Arrow application. Sincerely, 1IOSHIKO LAND, LLC Dennis J. Hoshiko Managing Member - 7 • I Loloff Mine CT -03 Inspection Map tvkarch, 12. 2015 , '♦ 1 i i .11 Y 414 I k pelt I imp. , 1..•=z;;;;,";. , =r+w .r...J, .r= • aa� • ft" 71 71 Legend 160 N 1st Well Location Current Edge of Pining Disturbance Dewatering Trench Location Distance from well to edge of mining disturbance - 130©' Elevation a a ^.a4 r. nise COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY MINERALS PROGRAM INSPECTION REPORT PHONE: (303) 866-3567 The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance with the terms of the permit and applicable rules and regulations of the Mined Land Reclamation Board. MINE NAME: - Loloff Mine MINE/PROSPECTING ID#: M -I985-112 MINERAL: Sand and gravel COUNTY: Weld INSPECTION TYPE: Monitoring INSPECTOR(S): Peter S. Hays INSP. DATE: March 12, 2015 INSP. TIME: 13:00 - OPERATOR: Lolaff Construction, Inc. TYPE OF OPERATION: 112c - Construction Regular Operation OPERATOR REPRESENTATIVE: Doug Derr e - REASON FOR INSPECTION: Citizen Complaint BOND CALCULATION TYPE: None - BOND AMOUNT: $689,552.00 DATE OF COMPLAINT: NA POST IN None NTAC : JOINT INSP. AGENCY: None WEATHER: Clear 4 TURE: IN ' ' , SIGNATURE DATE: March 17, 2015 The following inspection topics were identified as having Problems or Possible Violations. OPERATORS SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. if a Possible Violation is indicated, you will be notified under separate cover as to when the Mined Land Reclamation Board ,ti i11 consider possible enforcement action. INSPECTION TOPIC: Hydrologic Balance PROBLEM/POSSIBLE VIOLATION: Problem: The Operator failed to follow the approved Mining Plan with respect to groundwater monitoring. This is a problem related to 34-32.5-116(4)(h) of the Colorado Revised Statutes. CORRECTIVE ACTIONS: Loloff Construction, Inc. must measure the groundwater monitoring wells and piezometers associated with the site by the corrective action date. The Operator must provide all available monthly groundwater elevation data for surrounding groundwater wells and western Derr Pit piezorneters by the corrective action date. A trigger point of 2 feet change from historic groundwater levels was established as part ofTR-01. The trigger point elevation must be included with the groundwater elevation data. CORRECTIVE ACTION DUE DATE: 4/03/15 OBSERVATIONS The Loloff Mine was inspected by Peter Hays with the Division of Reclamation, Mining and Safety (Division) in response to a citizen complaint (CT -03) received on March 4, 2015 from Clarence Lopez on behalf of Marcos Hernandez and Maria de Lourdes Palma. The Hernandez property, 160 N. 1st Avenue, Greeley, CO 80631, is located northwest of the Loloff Mine. The complaint letter states the source of water for the house is a domestic water well located on the property. The letter states prior to November 2014 they had never experienced problems with the well and the well met the demands of the tenants in the. residence. The resident reported the well went dry in November 2014, December 2014 and February 2015. The home owner replaced the water pump motor twice and replaced the Page I of 5 PERMIT #: M-1985-112 INSPECTOR'S INITIALS: PSII INSPECTION DATE: March 12, 2015 water line in an attempt to solve the lack of water issue. The repairs did not address the problem for more than a few days at a time. The home owner has provided a private source of water for residence in all three occasions mentioned above. The Division met with Mr. Clarence Lopez, contact person for the complainant, Mr. Marcos Hernandez, property owner, and the property resident prior to the inspection of the Loloff Mine. The well and pump house were observed and GPS surveyed by the Division. Mr. Hernandez stated the well was eighteen feet deep from the top of the well head. The well head was approximately two feet below the ground level. The well depth and lack of water were not verified by the Division during the inspection. A plastic drum containing water was observed in the back yard, which presumably was the private source of water provided to the residence. During the inspection, Mr. Lopez stated the well was not permitted with the Division of Water Resources (DWR) due to the age of the well. The DWR did not require wells to be registered prior to 1972 according to Mr. Lopez. The house was built in 1925, so the construction of the well prior of 1972 is likely. Following the inspection, the Division verified the well was not permitted through the Division of Water Resources. By law, every well in the state that diverts groundwater must have a well permit. As such, the Division is unable to pursue this matter any further at this time. The Division encourages the residence owner to contact the SEO to obtain a well permit. A copy of this report will be provided to the Colorado Division of Water Resources. The Division is unable to pursue this matter any further as it relates to the well at 160 N 1st Ave. However, the Operator must comply with C.R.S. 34 -32.5w -116(4)(h) which requires that disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems, both during and after the mining operation and during reclamation, shall be minimized. The Division conducted the inspection to ensure the Operator is taking measures to minimize impacts to the hydrologic balance and following the approved Mining Plan. The Division approved TR-01 on April 1, 2014. TR-01 revised the Mining and Reclamation Plans to allow dry mining by dewatering at the site. As stated in Exhibit G of TR-01, the mining operation will extract sand and gravel deposits from the Poudre River aquifer alluvium and will impact groundwater systems hydraulically connected to the Poudre River. Groundwater monitoring wells have been installed at the Derr Pit which is adjacent to the Loloff Pit on the east side and a total of three monitor wells will be used to monitor the groundwater levels. An agreement with Broken Arrow Investments, LLC is in place to monitor these locations. Agreements with surrounding land owners including Robert Francis, John Carlson, Brian Harrell and Sylvia Parker are in place to monitor their existing wells and groundwater levels. Loloff Construction, Inc.. is also in the process of negotiating an agreement with Mr. and Mrs. Larry Monroe to monitor their well and ground water levels. The Operator stated during the inspection the required monthly groundwater measurements on the surrounding wells have not been conducted as required by TR-01. As cited as a problem, Loloff Construction, Inc. must measure the groundwater monitoring wells and piezometers associated with the site by the corrective action date. Additionally, the Operator must provide all available monthly groundwater elevation data for surrounding groundwater wells and western Derr Pit piezometers by the corrective action date. A trigger point of 2 feet change from historic groundwater levels was established as part of TR-01. The trigger point elevation must be included ~with the groundwater elevation data. Page 2 of 5 PERMIT #: M-1985-112 INSPECTOR'S INITIALS: PSII INSPECTION DATE: March 12, 2015 The pit depth in the northwest corner of the site was estimated at forty feet from top of highwall to top of the dewatering trench. The Operator stated the northwest corner of the site was mined over the last year. The total depth of mining in the northwest corner is estimated at fifty five feet. The Division GPS surveyed the location of the dewatering trench and the top of the highwall in the northwest corner of the site with a Trimble Juno 38. The elevation of the top of the dewatering trench and the top of the highwall were surveyed for elevation also. A copy of the GPS survey map is attached. Photographs taken during the inspection are attached. This concludes the inspection. Page 3 of 5 Forr rl tio. G W5•25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman SI.. Denver, Colorado 80203 (303) 866-3581 MARIA DE LOURDES PALMA 1007 E 24TH STREET RD GREELEY, CO 80631-9090 (970) 302-0190 REGISTRATION OF EXISTING WELL Pt LR WELL PERMIT NUMBER 297436 DIV. 1 WD 3 DES. BASIN MD N. Lot 3 Block; Filing: Subdiv: LUNDGREN APPROVED WELL LOCATION WELD COUNTY NW 114 NW 1/4 Section 4 Township 5 N Range 65 W Sixth P.M. DISTANCES FROM SECTION LINES 1200 Ft. from North Section Line 64 Ft. from West Section Line UTM COORDINATES (Meters.Zane:13.NAD83) Easting: Northing: 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 Welt 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 end described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household purposes inside 1 single family dwelling(s), fire protection, the watering of domestic animals and poultry, and the irrigation of not more than 538 square feet of home gardens and lawns. 4) The date of first beneficial use, as claimed by the applicant, is January 1, 1925. APPROVED SKI State Engineer Receipt No. 3669291 _ DATE ISSUED 04-30-2015 By RA COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY MINERALS PROGRAM INSPECTION REPORT PHONE: (303) 866-3567 The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance with the terms of the permit and applicable rules and regulations of the Mined Land Reclamation Board. MINI NAME: 1 oloff Mine \1INF.'I ROSILI.('I INC ID#: M-1985-112 MINERAL: Sand and gravel . COUNTY: Weld INSPECTION TYPE: INSPECTOR(S): INSP. DATE: INSP. TIME: NIonnoring Peter S. Hays - June 11 2015 11:30 4.OI'ER ATOR: OPERATOR REPRESENTATIVE: TYPE OF OPERATION: Loloff Constriction, Inc. Doug Derr, J.C. York 112e - Construction Regular Operation ItEASt)\ I. INSPECTION: Citken Complaint BOND CALCULATION TYPE: None BOND AMOUNT: tr"4fl.s52.00 DATE OF COMPLAINT: NA POST INSPNTAC .: `:onc .ot n yr INSP. At;I .NCY: :None WU cTIIFIt: li.m.i i:i INSI'l, (_ ' t 14,1..L________ —' --SIGNATURE DATE: June 15, 2015 The following inspection topics were identified as havin4g Problems or Possible Violations. OPERATORS SIIM I]) READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE W I I`ll THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a Po.sible Violation is indicated, you will be notified under separate cover as to when the Mined Land Reclamation Board will consider possible enlorcernent action. INSPECTION TOPIC: Hydrologic Balance PROBLEM/POSSIBLE VIOLATION: Problem: The dewatering activity at the Loloff Mine has caused disturbances to the prevailing hydrologic balance of the surrounding area and to the quantity of water in the groundwater system. Er-COECTIVE ACTIONS: Loloff Construction, Inc. must implement the approved mitigation plan for the site and c, drill a new well, deepen'ngtle existing we I or provided water service from the City of Greeley or North Weld _ Water within 30 days of the mailing date of this inspection report. Failure to comply with the corrective action swill result in the Problem escalating to possible violations and an enforcement hearing being scheduled in front of the Mined Land Reclamation Board. # CORRECTIVE ACTION DUE DATE: 7/15/15 OBSERVATIONS The Loloff Mine was inspected by Peter Hays with the Division of Reclamation, Mining and Safety (Division/DBMS) in response to a citizen complaint (CT -04), received on May 27, 2015 from Mr. Clarence Lopez on behalf of Marcos Hernandez and Maria de Lourdes Palma. This complaint is a continuation of the previous complaint (CT -03) regarding possible impacts to the well owned by Mr. Hernandez. The Hernandez property, 160 N. 1st Avenue, Greeley, CO 80631, is located northwest of the Loloff Mine. The complaint letter states the source of water for the house is the domestic water well located on the property. The latest complaint letter states the problems with the well have continued, the well goes dry for longer Page 1 of 5 PERMIT $ : M- 1985- 112 INSPECTOR'S INITIALS: PSI1 INSPECTION DATE: lune 11, 2015 periods of time and the well went completely dry on April 15, 2015 according to the tenant living at the property. The Division was not able to pursue the March 2015 complaint (CT -03) because the well was not registered ayvith the Office of the State Engineer. The well was registered with the Office of the State Engineer on April. 30. 2015. The well permit number is 297435. The Division met with Mr. Clarence Lopez, contact person for the complainant, and Mr. Marcos Hernandez, property owner prior to the inspection of the Loloff Mine. The well and pump house were observed and GPS surveyed by the Division. The well appeared unchanged since the March 12, 2015 inspection. Four plastic 50 - gallon drums containing water were observed on the well house in the backyard. The drums are the current source of water for the residence according to Mr. Hernandez. The Division GPS surveyed the locations of the dewatering trench and the top of the highwall in the northwest corner of the site with a Trimble Juno 3B. The elevation of the top of the dewatering trench and the top of the highwall were also surveyed. A copy of the GPS survey map is attached. The pit depth in the northwest cornecof the site was estimated at forty feet during the March inspection and 36 feet (11 meters) during this inspection from the top of highwall to top of the dewatering trench. The total depth of mining in the northwest corner is estimated to be fifty five feet when mining is concluded in the area. Based on the GPS data and calculations from Google Earth Pro, the Division estimates the Hernande pump is jocated 1,386 feet (422.5 meters) from the edge of the pit highwall. The pit radius of the dewatered portion of the pit was estimated at 270 feet (82 meters). Using the USGS Analytical and Numerical Simulation of Steady -State Hydrologic Effects of Mining Aggregate in Hypothetical Sand -and -Gravel and Fractured Crystalline -Rock Aquifers, Report 02-4267, the Division calculated a drawdown of 5.25 feet 1.6 meters of the Hernandez well due to the dewatering of the Loloff Mine. The approved Groundwater Impact Mitigation Plan for the site states should the levels in the existing wells r - change by 2-4 feet then Loloff Construction, Inc. will mitigate by recharging at locations along the pit to increase the levels of the groundwater so that the impact from dewaterin • is minimized. If the recharging method is not effective the mitigation measures would be: ,r 1. Work with the well owners that is affected to re -set their existing pumps to a lower level in order to mitigate any flow impacts to the existing well. .2. If the method in Number 1 is not effective then drilling a new well or deepening the existiog well or providing water service from the City of Greeley or North Weld Water, . The Division believes sufficient evidence exists to support the Hernandez complaint that the current idewatering activity at the Loloff Mine is affecting the groundwater we ocate at st venue, Greeley, CO 80631. This is a problem related to Rule 3.1.6 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 _As cited as a problem requiring corrective action by the Operator on Page 1, Loloff Construction, Inc. must implement the approved mitigation plan for the site and drill a new we deepening a exis ing we or Page 2 of 5 PERMIT t': M-IV85 112 INSPECTOR'S INITIALS: PSI -I INSPECTION DATE June I I, HIS provided water service from the City of Greeley or North Weld Water within 30 days of the mailing date of this inspection re ort. Failure to coal I with the corrective action will result in the roblem escalatin to ossible violations and an enforcement hearing being, scheduled in front of r _ Photographs taken during, the inspection are attached. r ?age3 of5 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 July 21, 2015 Robert A. Baker Loloff Construction, Inc. 801 8th Street, Suite 130 Greeley, CO 80631 Re: Loloff Construction, Inc., Loloff Mine, File No. M-1985-112, Complaint Against Mining Operation (CT -04), Updated Problems and Corrective Actions Mr. Baker, The Loloff Mine was inspected by Peter Hays with the Division of Reclamation, Mining and Safety (Division/DRMS) on July 11, 2015 in response to a citizen complaint (CT -04) received on May 27, 2015 from Mr. Clarence Lopez on behalf of Marcos Hernandez and Maria de Lourdes Palma. The Hernandez property, 160 N. 1st Avenue, Greeley, CO 80631, is located northwest of the Loloff Mine. Following the inspection the following problem requiring corrective actions was cited: INSPECTION TOPIC: Hydrologic Balance PROBLEIWPOSSIBLE VIOLATION: Problem: The dewatering activity at the Loloff Mine 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 drill a new well, deepening the existing well or provide water service from the City of Greeley or North Weld Water within 30 days of the mailing date of this inspection report.Failure to comply with the corrective action will result in the problem escalating to possible violations and an enforcement hearing being scheduled in front of the Mined Land Reclamation Board. CORRECTIVE ACTION DUE DATE: 7/15/15 The Operator failed to complete the corrective actions b the corrective action due date. On J.C. York with J&T Consulting, Inc. consultant for Loloff Construction, Inc. july 7, 2{J15, Mr.t (Laloffl informed the Division Loloff hired Quality Well and Pump to evaluate the Hernandez • 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http:/!mining,state.co.Us John W. Hickentooper, Gmernor I Mike King, Executive Director I Virginia Brannon, Director i I.oloft Mine CT -04 Page 2of3 July 21, 2015 residence for a new well. Quality Well and Pump_ determined installation of a newv well otas not_ an option due to the location of the septic leach field at the residence. Mr. York stated Loloff _pas starting the process of obtaining a waterwateLtaaffnmalionhysteurvounty Water Distriict1ar the residence. Since the installation of a replacement well is not viable and the installation of water tap will require addition time, the Division will require Loloff Construction to provide a temporary potable water service for the residence until permanent water service from North Weld County Water District has been installed. The following problems and corrective actions will be issued by the Division: INSPECTION TOPIC: Hydrologic Balance PROBLEM/ POSSIBLE VIOLATION: Problem: The dewatering activity at the Loloff Mine has caused disturbances to the prevailing hydrologic balance of the surrounding area and to the quantity of water in the groundwater system as required by Rule 3.1.6 and Section 34-32.5- 116(4)(h) of the Colorado Land Reclamation Act for the Extraction of Construction Materials. CORRECTIVE ACTIONS: Loloff Construction, Inc. must provide a temporary potable water service for the residence within 14 days of the signature date of this letter until a permanent water service from North Weld County Water District has been installed. Failure to comply with the corrective action will result in the problem escalating to possible violations and an enforcement hearing being scheduled in front of the Mined Land Reclamation Board. CORRECTIVE ACTION DUE DATE: 8/4/15 INSPECTION TOPIC: Hydrologic Balance PROBLEM/POSSIBLE VIOLATION: Problem: The dewatering activity at the Loloff Mine has caused disturbances to the prevailing hydrologic balance of the surrounding area and to the quantity of water in the groundwater system as required by Rule 3.1.6 and Section 34-32.5- 116(4){h) of the Colorado Land Reclamation Act for the Extraction of Construction Materials. CORRECTIVE ACTIONS: Loloff Construction, Inc. must implement the approved mitigation plan for the site and provide water service from North Weld County Water District within 60 days of the signature date of this letter. Failure to comply with the corrective action will result in the problem escalating to possible violations and an enforcement hearing being scheduled in front of the Mined Land Reclamation Board. CORRECTIVE ACTION DUE DATE: 9/19/15 / o APR WATER R RESOURCES STATE ENGINEER COW 1 9 2019 � Form No GW5.31 02/2017 WELL CONSTRUCTION AND YIELD ESTIMATE REPORT State of Colorado, Office of the State Engineer 11113 Sherman 5t-. Room 8? i , Denver, CO 80203 303.866.3581 www water state cc, u, and dwtgerrnitxinlirietystate.co.us 1, wall Permit Number: 23311--A Receipt Hunter, 3690447 Y. Owner's Well Designation: 3 Well Owner Name: TERRY STOJT OJT 4, Well Location Street Address: 170 1ST AVE, GREEL€Y, CO 8O6632 S. As Built GPS Well Location (required): riZore 12 0 Zone ii Lasting: 577385.0 Northing; 4415828 6. Legal Well Location: NW 114. NW 1/4, Sec., 4 Twp, 5 A tl or S ©. Rartgr- 65 EllE or W * 6TH P.M. , County WELD Subdivision. Let B:o io Filing . . (Unit) 7. Ground Surface Elevation: feet Date Completed: 03/08/201') Drilling Method: ROTARY 8. Completed Aquifer Name : ALLVUiA.L Total Depth: 70 Feet Depth Completed: 64 feet 9. Advance Notification: was Notification Required Prior to Construction? Yes ®No, Date Notification Given: _O}/Q5J2019' 10. Aquifer Type: flTyrpe I (One Confining Layer) ■: ype I (Multiple Confining Layers D OLaramie•Fox Hills (Check one) OType II (Not overlain by Type Wit (jType II (Overlain by Type W) -'Type III (alluvial/colluvial) 1. Geologic Log: 12. Hole Diameter (in.) From (ft) To (ft) 6 314 0 70 Depth Type Grain Size a Color , Water Loc. 0-2 TOP SOIL - 2.15 COBBLE/SAND COURSE -1- BROWN 15-40 SAND/GRAVEL COURSE • 1/4 BROWN X X 13. Plain Casing OD (in) Kind Wall Size lin) From (ft) TO Oil 6 5/8 STEEL .188 *I 19 40-65 GRAVEL/SAND COURSE • 1/4 BROWN JOOC 65-70 SHALE BLUE/GREY - _ 4 1/2 PVC .250 5 34 Perforated Casing Screen Slot Size (in): .020 OD iIn) Kind Wail Size On) From (ft) To (ft) 41/2 PVC .250 34 64 r X14 Filter Pack: Material GRAVEL 15. Packer Placement: t v1,e Size 34 Depth Interva. I9.64 16. Grouting Record Material Amount Density Interval Method CEMENT E SKS 1.86 OL 19 PUMPED Remarks: _ 17. Disinfection: Type ST€RILENE Arch_ Used 5 02 18. Well Yield Estimate Data: Weil Yield Estimate Method: AIR LIflED AND OCheck OVER box if Test Data is submitted on Form Number GWS-39, Wetl Yield Test Report PUMPED Static Level: 15 Estimated Yield (gppm) 24 Date/Time meowed: 03/20/2019 Estimate Length rhrs) 6 - Remarks: 19. I .have read the statements made herein and know the contents thereof. and they are true to my knowtetge, This document is signed (or name entered If {.ling online) and certified in accordance with Rule 17.4 of the Water Weil Construction Rules. 2 CtR 402 2. The filing of a document that contains false ¶tatemects is a VIQtation of section 37 91 lOdf i fie. C,R.S. , and is punishable try fines up to S1,000 end ?or revocation of the contracting license. if filing onliru- tr+e State Engineer considers the entry of the licensed contractor's name to be compliance with Rule t7 4 Company Name: QUALITY WELL AND PUMP Email: IPhone knstie@qualtty'wellandpump.com w /area code: 1970) 353-3116 License Uurnbet J1461 Mailing Address: 39525 US 85, AULT, CO 80610 Sign for enter name i no � Online) Print Name and Title CHRIS JONES, OWNER Date. G4/19/2019 r Form No. l 1 11.2011 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 Sherman St., Ste 821, Denver, CO 50203 Main: (303) 866-3581 Fax• (303) 866-2223_dwrpermit$Qnirne r, State co us CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Re -tins instructions wi the nave le side prior to completing the form. Name. address and phone of person denim. ownership of the well permit Narne(s, Marling Address City, St Zip Phone ` This form is Red by the named individuallentity claims pursuant to C R S 37-90-143 WELL LOCATION: 'Well Permit Number 4Q 3& 1 12 County C 1 'PS GPAN-( 4671 that t y are the owner of the ell permit as referenced below This filing is made For Office Use Only RECEIVFC- AMY 3 0 2017 vveirkk TAT%ouf Receipt No q)‘92(19,5- "► ) 2 (1-! Case Number Well Name or rf (optional) (Address) (City ) (State) (Zip) 1 v w 1 /4 of the Wt t /4 Sec. Two „5 ` N or ' S., Range C E or'W., C ( P Distance from Section Lines 12 Oe Ft From $ N. or r 5472,01 Ft. From O E or 'dV Line OR GP'S well location information in UTM format You must check CPS unit for required settings as follows Format must be UTM. '- zone 12 or i zone 13 . Units must be meters. Dalum must be NAD83, Unit must tie set to true north Easting Northing Subdivision Name LANG R t A's Lot_3.. . BlocK Filing/Unit _ The above listed ownerts) say(s) that he, she (they) own the well permit described herein The existing record is being amended for the following reasons X Change in name of owner O Chancre in mailing address O Correction of location for exempt wells permitted prior to May 8. 1972 and non-exempt wells permitted before May 17 1965. Please see the reverse side [Or furthrkr information regarding correction of the well location. I (we) claim and say that I (we) (am) (are) the owner(s) of the well permit described above, know the contents of tie statements made herein. and state that they are true to my (our) knowledge. of the ew own r(s) tf signing print name & title Signor enter the na e(s) Ivor, PA r Lte- 619 batter b "L�� ► _ 'A Zat It is the responsibility of the n owner of this well perrntt to complete andlar sign this form If an agent is signing or entering information please see instructions Please send confirmation of acceptance of change in owner narne/address via II Email address listed above tej US Mail Date (mmiddiyyyy) "iirde 97 Ad/eat State Engineer t.V Aa a CHANGE IN O'WNERSHII, --I yoga' MAi iNCG ADDRESS. gma Datek G OUALFTY WELL AND PUMP PO BOX 577GREELEY, CO 80632 Bin To TERRY STOUT 30'1 WILLOW AVE EATON, CO 80615 Statement Date 4/1/2019 Amount Due Amount Enc. $9,726.96 Date Description Amount Balance 03/2912019 — INV #2019-561. Due P#23312 —A r 04/07/2019. Orig Amount $9,726.96. 9,726.96 3.726.96 - Current 1-30 Days Past Due 31-60 Days d Past Due 61 Days Past Due Over 9a Dam Past Due Amount Due 0.00 9',726.96 0.00 0.00 0.00 $9,726,96 (uA►LLrr WELL AND PUMP !"Li i "i Id AND Id II RN TOP PORTION WITH VOl'R PAYMENT Qty Backordered Item 100 0010" 20 0 TMSTL662188 40 0 WC450540E520 P.O. No. Terms Project Rep NET 10 SLC 40 1 100 4 I 1 6 0 0 WC450S40E TM447045 00 -GRAVEL P... WELL DEVEL.. TMWTCC-6-0 MI -01 10-1 WELL T... Description DRILLING 522- 10" BORE STEEL CASING 6-5/8" IPS X .188 WALL 4 1/2" WELL CASING SCH40 EAGLELOK SLOTTED .020" 4 1/2" WELL CASING SCJ140 EAGLELOK PVC SCH40 CAP SLIP 4.5" DRILLING GRAVEL PACK PER FOOT WELL DEVELOPMENT - PER HOUR (MINIMUM 4HRS) WELL CAP 6" LOCKING CAST IRON MOBILIZATION -522 WELL TESTING - OVER PUMPING (4HRS MINIMUM) Sales Tax Unit Price Amount 28.00 21.00 11.00 8.50 58.75 8.19 300.00 94.36 2,500.00 160.00 7.01% 2,800.00 420.00 440.00 340.00 58.75 819.00 1,200.00 94.36 2,500.00 960.00 94.85 Total $9,726.96 Payments/Credits Balance Due $0.00 $9,726.96 The title to the merchandise and personal prosy covered by this Invoice shall remain vested in Quality Well and Pump, LLC until the purse price is paid In full. Customer agrees to pay a service charge computed at a periodic rate of 13% per month (18%APR) applied to all past due arnounts after deducting current paymentslcredits, Customer Signature: clo rts 5, 3 72 Mr. J.C. York July 13, 2015 v3,7 0 O Page 2 Table 1— Wells within area of influence of Proposed Slurry Wall Well Data Iron, Wells Within Area of Influence model Results _ Depth to Water (It.) Saturated Thgckness (ft) Max. Change in Water Levels (ft) Future Depth to Water lit, r Saturated Thickness I 1 %Change in Sat. Thick It ) Name Pemit Wel) Depth (Reported Rate (gpm) '' DOWNGRADIENT WELLS ND NO NO [ ND ND ND NO VARPA 758165 F ND _ 31 70 -1 32 69 -1% "DAMS FARMS 14960 R 101 1150 BAAS A C 620 W 45 ..� 800 9 36 -1 10 35 -3% 10 11 33 -1 ND ND N.D TAYLOR JAMES 223885 44 UP GRADIENT WELLS 'TRUJILL0 23312 25 ' 10 5 20 1 4 21 5% 1 7 12 9% ORONA 28174 19 20 8 11 ND ND IV[? ND 1 Uncertain Uncertain Uncertain +PALMA 297435 34 t 2 14 36 6% HARRELL ELDON 226878 50 15 a 16 ROTHE 259513 27 20 2 25 1 1 26 4% TRUYELLO 2947 F 21 400 6 15 1 5 16 7% HARRELL BRIAN , 2.87278 30 50 N D ND - 2 Uncertain Uncertain Uncertain DILXA 44539 34 25 3 31 1 2 32 3% 25 50 2 23 1 1 24 4% VANBEBER 25941 'WADSWORTH 19472 F ND 105 NU ND 1 Uncertain Uncertain Uncertain VANBEBER 16038, 2.5 24 4 21 1 3 22 5% 4 231.7J ,� Al A.r1c�4,..-► 4° � i fr L PLC ct.4 !LOCIALitrii : l Three down gradient wells can be expected to experience a decline in water levels of approximately 1 foot. Since well yield is proportional to the saturated thickness, we would expect less than a 5% decrease in the maximum theoretical pumping rate of those wells. We do not believe this is a significant impact. CC() (.'ct CA) C t� I r Based on our modeling, eleven up gradient wells can be expected to have 0.5 to 2 foot increases in water levels. Only one of those wells (Harrell Eldon) has a reported pre -mining water level depth exceeding 10 feet. The rest of the wells either have reported depths to water of less than 10 feet or no recorded level so the depth remains "uncertain." If the recorded well locations and depth to water are correct relative to the pit and if the wells are located near vulnerable structures (homes with basements or excavations), those structures could be vulnerable to rising groundwater resulting from the slurry wall. A Uncertainty Whether future flooding or water logging will occur depend on numerous factors including: 1) well location relative to the pit and slurry wall; 2) the location and depth of vulnerable structures such as homes with basements; 3) the location, magnitude and timing of well pumping and recharge from precipitation,agriculture, and canal seepage thatcould also affect water levels; and 4) the location of existing drainage or canals that may intercept rising groundwater. Therefore, there is considerable uncertainty whether there is a real and quantifiable risk of significant impact. Mitigation Potential mitigation includes: 1) installing a drain around the slurry wall to minimize any mounding or shadow effect to keep the aquifer at equilibrium 2) or moving or abandoning .4 651 "O" Set P.O. Box 301 GREFLEY, CO 30632 370-351-793c Janary .r EXHIBIT b a .0 $ v Koehler Well History Summary utiaustiq•neitt Attached are the well registrations for the three Koehler wells. Attached are the receipts for the irrigation well repairs from 2012 in the amount of $28,048.95. The irrigation well was designed for 1100 fpm• Attached are the receipts for the installation of a pivot sprinkler in the amount of $123,926.00. The sprinkler is designed for 950 gpm. Attached, last sheet, is the data sheet for the design of the irrigation well rebuild in 2012. At the time of the rebuild the well was pumping 1100 gpm, 1760 rpm and a head depth of 71.8 and a static water level of 40.5 feet. As of 2019 the well was pumping 550 gpm, 1760 rpm and a head depth of over 80 feet and the static water level of 50.71. The well is no longer pumping enough water for the pivot sprinkler. The dewatering of the Loloff Pit started April of 2013 and was continuously dewatered until August 2017. The dewatering of the Derr Pit started July 2019. The static water level went from 40.5 feet to 49.55 feet between Jan 2012 to Oct 2019 with a loss of 9.05 feet. The static water level went from 49.55 feet to 50.71 feet between Oct 2019 to April 2020 with a loss of 1.19 feet. The dewatering of the Loloff Pit and Derr Pit have damaged the static water levels in the wells north of the gravel pits. The lowering of the static water levels has lowered the well output. KOEHLER FARM/WELL HISTORY 1948-1950 Farm was purchased by Conrad Koehler. (father of Jim ) House built in 1951. 1948-1950 Domestic and Stock wells were constructed April 1960 Irrigation well ( #11564) was constructed. Depth 110', Static water 35', 1200 gpm 1965 Farm was purchased by Jim Koehler 2011/2012 Irrigation well rebuilt $28,048.95 Static water 40.5' 1100 gpm February 2019 Pivot Sprinkler installed $123,926 August 2019 Domestic Well and Stock Well were registered #314643 & #314644 respectively Water Engineer, Rick Parsons, Informed that the wells should be registered. September 2019 Flow meter installed indicating 500 gpm Conclusion Well Static water level went from 35.0 feet to 40.5 feet over a period of 52 years -5.5 Well static water level went from 40.5 feet to 49.55 feet from Jan 2012 to Oct 2019 -9.0 Well static water level went from 49.55 feet to 50.71 feet from Oct 2019 to April 2020 -1.19 Total amount of water level loss 14.71 feet. 1 F0 »u 1 P.V. Registrant ��,� STATE OF COLORADO ly60 DIVISION OF WATER RESOURCES r' OFFICE OF THE STATE ENGINEER, GROUND WATER SECTIKWN0 W TER SECT. 1156 C�`!_o10 REGISTRATION NO. 2 OF WELL x STATE ENGINEER Conrad Koe.h1 er Date April 13 19 60 P.O. Address lute 1 Box 17 - 0reelev __, Colo. WELL LOCATION WELL DATA County Weld _ 6 Z Depth llC ft. Diameter i8 in. Casing : 65 ft. Plain; 35 ft. Perfor. Static Water Level 35 ft. from top Yield 12(10 (gpm)(cfs) from 60 ft. Used for Irriczatton on/at SEl, Sec. 33, Tap. 6 h, Rge. 65 W (legal description of land or site) Water conveyed by Pipe size 12 inch PUMP t)ATA Type Turbine Size 8 inch Driven by 25 H.P. FLFc.at 1760 RPM Well was first used `t.." , 19 ' cfs for Irrigation using 1200 gp.m . Well enlarged , 19 to deepened (gpm)(cfa) (ft) LOG SHOULD BE GIVEN ON REVERSE SIDE IF AVAILABLE Town or Subdivision Street address or Lot and Block The above well (ham) (has not) been registered in the Office of the State Engineer prior to May 1, 1957. If Registered give Filing No. If NOT Registered prior to May 1, 1957, a $5.00 filing fee accompanies this form. The above statements are true and correct to the best of my knowledge and belief. Subscribed and Sworn before me 'iNdliAD KiiaiL>,.Tt this j3- day of , 194. My commission expires e. , /gig/ (SEAL) N E 4 , SE t, Section 33 Twp. o N , Rge. 65 N BY: S WELL TO BE LOCATED AS ACCUR- ATELY AS POSSIBLE WITHIN A SMALL SQUARE WHICH REPRESENTS 40 ACRES; OR IF IN A TOWN OR SUBDIVISION FILL IN THE FOLLOW- ING: strant Located in FOR STATE ENGINEER'S USE I 3 district, 'Z(r,County for Registration No. // 7 in /— , on IRRIGATION APR 141D e5 C_ COLORADO Division of Water Resources WELL PERMIT NUMBER 314643 - RECEIPT NUMBER 3693098A ORIGINAL PERMIT APPLICANTIS) JAMES R KOEHLER REVOCABLE TRUST (KOEHLER, JAMES R. i APERQ1t.ED_WE_L4 LQCAI1Q Water Division: 1 Water District: 3 Designated Basin: N Management District: NA Cou11' •:. WELD Parcel Name. NA Physical Adoress. 1001 EAST C STREET GRE ELEY. CO 80631 SE 1;$ SE 1st Section 33 Township 6.0 N Range 65.0 W Sixth P.M UTM COORDINATES (Meters. Zone: 13. NAD$3) East?r;• 528582.2 Northrnu. 44T5192 4 REGISTRATION OF EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 I T hts well shalt be used in such a way as to cause no mater rat :injury to existing water nights. The issuance of this permit does not ensure that no injury will occur to another vested water n or preclude another owner of a vested water I ght from seeking relief it a civil court action. it Construction details for this exsting well have not been provided to this office; therefore, it is not known if the crnstrtr tion of this well ,s compl?arx.e with the Water Well Construction Rules. 2 CCR 402-2. The issuance of this perm t does not relieve the well owner of respo aibrl:ty or 'n the event contarnrnat on of the groundwater source results from the constructx;ri or rse u( this well. nor does the State Eoc veer assume any resporrs+brlrty vt t:ability should contarrrnatvan ou.ur. . Th awell's recorded 'arid pe'n''t a ppoved a ar_ or dance w th CR5 37.92-W2r51 for h•star,,al use as .nd..atedher e:rr curd desu bed a CR5 37-92-6021 ittbt. be.oi a well pr udtr_ •rr1 ' GPM and used tot the r r-y,:rt.urr of rro+ tr:ure than 3.33 doles ...if I'r_'r gardens and lawns. 4) The date of first beneficial use. as claimed by the applicant. is Decern'trnr , 1949. NOTE: The uses identified in condition a3 above are based on the Applicant's written claim regarding the historical use of this welt prior to May 8, 1972. These uses have not been verified or con( .fired by field inspe. t on from DWR staff. Any expanded use of tins well occult out; on or of ter May 8, 1972, or any use that had been abandoned by 13 of more onsecut;ve years of non-use, shall not be covered by this permit. ..,Tw.,S..t rr,,c -•4 JAVIER VARGAS-JOHNSON Date Issued. 8%26(2019 Expiration Date: NIA Printed 08 2.2019 For ouesttons about tats permit call 3G3.65o 3581 cr sc t v.wv..r:at'.'• .stae.co. us Page 1 or ' COLORADO Division of Water Resources WELL PERMIT NUMBER 314644 - RECEIPT NUMBER 36930988 ORIGINAL PERMIT APPLICANT(S) JAMES R K©EHLER REVOCABLE TRUST (KOEHLER, JAMES R, REGISTRATION OF EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT cpNornoN5 OF APPROVAL 1i This well shalt biLi wiry a5 to cause no materiel n'ur y to existing water r 2ht_. The issuance or tics peti:•,it dues not ensure that no injury v,.11 J.Cr.r to another vested water r ght or preclude another ownet of a vested water right seeking rrlref !n a civil court action. 21 Construction details for this existing well have riot been provided to this officer, therefor e, :t is not known >f the corns tit tun o` this well is in complia tci with the Water Web Constructron Rules, 2 CCR 402.2. The issuance of this permit does nut relieve the well owner of responsibility as liability in the event contamination of the groundwater source results from the ceirstructiui, use of this well, nor does the State Engineer assume any responsibility or liability should contamination occur. 31 This well is recorded and permit approved it accordance w:.tir CRS 37.92-02(5) for h,st• t<at use as indicated het ern and described :n CRS 337-92.60211 rib1, being a well producing 7 GPM and used for the watering of livestock on a farm or ranch The date of first beneficial use. as clairated by the applicant, is December , 1949. NOTE: The uses identified in condition #3 above sae based on the Applicants written claw,. revard:ng the hs.uri al use of .i well poor to May B, 1972. These uses have not been verified or c.onf firmed by field Inspect- 3 from DWR staff. Any expanded use of this well occur -111g on ur 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- _ APPRQYE-P WELL.�Q�ATION Water Division: 1 Water District: 3 Desigriatec Bashi: N:A Management District: N;A County: WELD Parcel Name: N A Physical Address: 1001 EAST C STREET GREELEY. CO 60631 SE 1.4 SE 1:4 Section 33 Township 6.0 N Rance 65.0 W Sixth P M UTM COORDINATES LMett one: 13, NAD83). Easing: 518712.2 northing: -1476182.3 8•. JAVIER VARGAS-JOIfNS0N Date issued: 8/26/2019 Expiration Date. N+'A Prx:ted )8.26.2014 For r ..tronc about this permit ca,r 303.865.358'. or go to erwrr.watef .state.co. us Paw. AGPROfessionals mom DEVELOPERS OF AGRICULTURE April 13, 2020 Certified Return Mail Receipt # 9414 8118 9956 2920 5531 15 Mr. Jim Koehler 1001 E C St. Greeley, CO 80631 Dear Mr. Koehler: AGPROfessionals' staff have been monitoring groundwater elevations on behalf of Mill Iron at your property. We perform this monitoring on the second Thursday of each month. Attached are the elevations we recorded for September of 2019 through April of 2020. FAIL IRON OFFSITEPRNATE WELLS W:et•1_M witt4e[.2.1. zlrnae4, ho ,t,o*o,I =var. an re9*NAM 169417 UK 2Cfitrans I*0u.I9 m 12)7502 1.14.1.[ !mita, llama sett I Number ^ti8.r dn Field aa,a Depth to Water Depth. Water hole Drouna SwF.. NMI 8.4lne Depth. Water Depth to Wetter trent Orevnd Surfs. RNW.I. d Romans Depth. Wets Depth to W from3reund 8o,ho. Pete( Read.' Depth 20 Wet.. Depth to Water from Oreund Surface 2 r,o.hler 01 Dan Nett!!) 1348 48.52 41.733 4851 41,90 48,74 4142 48.91 I VmahN. *2 9tak (Vrt$I 83.25 4139 4132 47.45 41.52 47.45 4333 47.82 5 00121.,13 1n $0.90 50.15 49.99 4935 5218 49.74 3118 49.91 MILL IRON OFFSITE PRIVATE WELLS muss eta mere toad Ur 10 4x42 11.1)7720 94.4587129100 25 4.20 346.20 1244,43 7$x-22 t -4x28 Dee 940.'.r Identifier field Reding Depth to Water Deptle to Water from Ground 0.5.. MAReading Depth to Water Depth to Water from Ground sulfa. FlettkItsettMg Dapeh to Water Depth to Water from Ground Sort.ce hold Reading Depth to Water Depth to Water from !around Surface 3 teener .l Carl1Vr4hl 44.40 49.17 44.49 32.08 .94.21 49.02 44.23 43,23 3 00.514, e2 uoci. (V4Wty 41.81 48.10 1253 49.82 42.30 49.55 81_93 48.20 5 %aahla. 76 9r 00,47 58.20 � 91.08 50.41 51.10 50.09 50.98 50.71 f Please do not hesitate to contact me regarding these activities. Sincerely, Matt Koch, EIT AGPROfessionals, Environmental Engineer 970-571-4146 ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue, Suite 200 O Greeley, CO 80634 970.535.9318 / office O 970.535.9854 / fax O www.agpros.com �r \ Quality Well & Pump 970.353.3118 €amel Address: City. St. ZIP. Phone: z7igp PROPOSAL: Turbine Repair Koehler Brothers - Perry Wiedeman Date: °crowww 1z, 2011 Location soeeSdvote a$ ...Omaha tiY Well collapsing- Pull pump and install liner 30' of galvanized Johnson Screen and 55' of 1.4` plan casing Sonar Jet well with 2 - 25' charges. Sandbucket liner into place without bottom on. o r ae aers rapers rid taws rnz h ,may be aweaere see $ #04493044 Wal are pump IS rp M"! 6x; 8w Meg ea! .aoup'='y',deeded AX Gloom aT.rea4Altsv,e .."o Ci. O.PEMO,lw to approved Sy S. colones et Meld Progreb1Ys. DESIGN P61Ni GPM astab b:Y {tl burro, dermal Leval Cnaner low" 0.54' TON Eueessted BOP bt Pum;Wa t EA Est Wray plan, NP 30 t 2 N5 55 30 Mileage charge, Sonar JetiCamera Sand Bucket/Bailing Setup charge Sand Bucket Hourly charge Sonar let Setup charge Sonar Jet Device, 25 ft Install 14" liner, per toot Liner, Steel 14`dia x .25' wail pain c^ Uner, Johnson Screen - 20' per .'le divas gas m aft i.ww*d an Wendt Orly UM') remoax+g rho carp atdtea Surd's- inestation. etsbaW :essay nc: :;e.asderdia4 err h ;me as 0795 Sea se att bate nix Ci sramer shell to s:fterra pt ere prove *y dw5*i Deere aftentattl £rcn s^;ae -r. rr_p-on,ser - --- -- - T,_ r Ass. are we ease a be :n Restate 4 act. . YA5 2@ ."4"AV OC a 01FYan ♦ter n.T555 lxgr ': �-a n•? u3Cam A-', 5made 0 Off5500 Fen new rpostesA4 1t .uuwt;ar0a Rxts vu4 00 hair "b: rr .,a..r.car rheas amwb came Ar eseanror MOON, AY.ow estCaa 54 pr.wc.rna .,%taps er95w ',, a <1.40 b+4O'4,r��;a.nY ,-,t,i 3r Me. Mai cam lee We nn + iOM. 9.0awi ,rmuca r *:019.'4 ae '.at/ :*,Haas b( *mn+at S',:omoomail ' asset a cuaomer't Acceptance of PEup®ael The above basset. seedetabsaa. and =tabbed re titithaCti cod at hereby nuawted 'lit are a;@nnttd te 407* caw de *seated Pay'rsee van bat nsede as states abets iKarw SgueYe Mlle *nit 75 S 2.80 $ 84 00 $ 161.25 5 161.25 S 147.50 5 147.50 t 195.00 S 195.00 5 980.00 S 1,860.00 g 32.80 5 2,788.00 72 20 5 3,971.00 5 122 40 5 3,672 00 :he'r' ..*Es :teeny Well and Pump Syr 6'Y 413- PROPOSAL: Turbine Repair Quality Well & Pump 970.353.3118 Koelher Brothers - Perry Wiedeman Date: October 1), 2011 Location' "Ow Nei, s erm wer.Ackadons a'e matinee kr' Well snowing signs of caving in .pumping graaei Pulled pump and found bowls full DESIGN POINT of rock and gravel _ al tube. lineshaft. and column pipe ail thin and rusted out Replan '.P4pore! tube 37 5 S 4 18 all BO' of COTS and replace bowl with single stage 12' MS. Replace headshaft. add PSI tar Nano' bowl screen and 5 gallon drip tank. Remacnine packing gland and motor to be rebuilt Skcnpr t Lea. 65 at Greeley Electric 'qua°' Los." Design Ile 73 E*need BHP Or necessary can bar ainftipind oral The pump ra ramawd smr tyre e,.'¢ a -t EatPiPi bcal Elf to thaw Was bempre$db7the part A Marsh 12M5 Bowl Assy, 1 sage Headshaft nit, 1" Headshaf Gib Key, 5116" headshaft, machine charge Head5>'raPt, 1" per inch Cnt; Tuoe,'ShaR 8,11.5 x 10 R Greeley El0_Knc Motor Repairs Drip O:: and Cleaning Fluid Re -Machine Packing Gland Flange Gasket, 8" Basket Strainer 8" Drip al, g.%lon Drip On Poly Tank 5 Gallon w/ Manual Drip Valve Pull turbine pump, hourly rate Set twinne pump, hourly rate Mileage charge, rig only .517.64 S 3,517.64 S 87,40 S 87.40 5 3.91 5 3.91 S 188 00 S 188.00 S 3.75 S 138:75 S 880.0'0 5 1,040.00 S 1,080.00 5 1,080.00 S 56 50 b 56.50 S 284.00 S 284.00 S 22.90 5 22.90 S 463.00 5 463.00 S 11.30 S 56.50 5 288.00 s 288.00 $ 167.50 S 502.50 5 167.50 S 670.00 3.95 S 71.10 'ha sratw7 pry. m Nx aropassaP tt a, aflame onY Law weaving r0a pump end aler newt ,meetwn. asda ,er.panrr m r oar *war-4ad �r1wO caw 5 tat.Maipdeo at aw pane rha, Cult:~ Shat be Y:kema nl and spank' al; Merges above the tette eea psi. sarow, an ants Piece. AA :3 H#r ate jW Yaaeo a toms ii4a>k,% Al Wf Saar nO CarnitMS: S 4lftman44 manna acriaAasi e baasf patty. My dlaarr ar driudgn Kin acme geicieb2Rat swa area raA311fu1 G ..Ae..asl nl 9,5een :r•kay. ail ad'.'e4C.ud x, elaId'ar p !Mf and at..Vlseeat-was A9 ar;M't nit AnA5nAr,I IQs, aa?A5. /cosecs or ewers totem,.cira..New 9,44 racy 411 tun.b) xe '.aet '+*.,.Gay ,5YYaf%'.N Cx, awpara era hay maim b7 Wtrar inlrC4arp..enteran tClatein re ACCaptaea at ste The rave career. sperecaeons. biWit ar, ea sateartary ant an .1 )f exacted 5a a an wavered Ea Au ete ere ae iparaheil. Payment po ks rn:ea es staled *ova : ,tie,' Sign... ctal „u'rn .unite duality Wee ant Pump Valley Irrigation of Greeley P O Box 307 Greeley. CO 80632 USA - Voce: 970-351-7930 Fax970-351-7932 JAMES R. KOEHLER 1001 EAST C ST. GREELEY, CO 80631 Customer ID Sales Rep ID Quantity 1.00 100.00 1O0 1.00 1.00 1.00 2.00 300 2.00 1.00 225.00 1.475.00 1:400.00 2.00 1.00 3.00 Check/Credit Memo No. Item Coe',ikltw C VO IC Valley irrigation of Greeley Customer PO Shipping Method Invoice Number 66701 Invoice Date: Feb 28, 2019 Page: Duplicate JAMES R. KOEHLER 1001 EAST C ST. GREELEY, CO 80631 Description VALLEY PIVOT, 7 TOWER 1275' 'THIS 1 MORE SPAN & 130' LONGER THAN CONTRACT SINCE OIL FACILITY WILL BE COMING OUT IT COST ADDITIONAL $8988 12" 80# PVC CONCRETE FOR ENDS t POND 25HP CENTRIFLOAT PUMP WHOSE & CORD 700A CLEMONS FILTER 2 1/2" BRASS BALL VALVE 8" PVC 90 ELBOWS 8" VAN STONE FLANGES 8" BUTTERFLY VALVE 12" 90 PVC ELBOW #2 POWER WIRE #4 POWER WIRE W/KILL CIRCUIT 8" 80# PVC 2" AIR RELIEF VALVE 2" PRESSURE RELIEF VALVE '2" HALF NIPPLES Subtotal Sales Tax Freight Total Invoice Amount Payment/Credit Applied TOTAL. A Overdue invoices are subject to late charges Payment Te rins C' - =CEIPT Ship Date Due Date 2.28/19 Unit Price Amount 78,598.00 78 59D 00 5.70 570.00 525.00 525 00 10,900 00 10.900.00 1,375 00 1,375 00 100.00 100.00 90.00 180.00 95 00 285 00 260.00 520 00 200.00 200 00 1 67 375.00 1.60 2.360.00 2.35 3.290 00 34.00 68 00 139.00 139 00 11.00 33.00 Continued Continued Continued Continued Valley Irrigation of Greeley P.O. Box 307 Greeley, CO 80632 USA Voice 970-351-7930 Fax. 970-351-7932 JAMES R. KOEHLER 1001 EAST C ST. GREELEY, CO 80631 Cu#tomer tD KOEJA Sates Rep It} 3.00-- 8 00 5.00 13.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1 00 1 00 1.00 1 00 1.00 40.00 2.00 1.00 2.00 Check/Credit Memo No Item„ O1 Invoice Number: 66701 Invoce Date: Feb 28, 2019 Page 2 Duplicate JAMES R KOEHLER 1001 EAST C ST. GREELEY, CO 80631 C ustomtterPO Method .ascription 8" STEEL 90 ELBOWS 8" STEEL FLANGES 8" RED RUBBER GASKETS 8" OD STEEL PIPE 8 5/8 X 8 HEX FLANGE 8" CHEM CHECK VALVE 8X6 CONE 6" STEEL 45 ELBOW 6" STARTER BELL 6" RINGLOCK 6" BARB 10X8 TEE 12X10 REDUCER 10" PVC 90 ELBOW 10" GLUE COUPLER 10" ALFALFA VALVE 10X10 UNIV HYDRANT 10" 80# PVC 10" DRAW BANDS 12" CLAY X PVC BOOT COUPLER IDEAL BANDS Subtotal Sales Tax Freight Total Invoice Amount Payment/Credit Applied TOTAL Overdue invoices are subject to late charges Payment rrris ON RECEIPT Ship Date Ice • 90 00 25.00 5 00 15.00 50.00 520.00 18.00 50.00 20.00 16.00 60.00 110.00 63.00 145.00 35.00 200.00 502.00 4.00 800 75 00 2.00 Due Date 2128/19 totmt 270 00 200.00 25 00 195.00 50.00 520.00 18.00 50.00 20.00 1600 6000 110 00 63.00 14500 3500 200.00 502 00 160 00 16.00 00 4.00 Continued Continued Continued Continued Valley Irrigation of Greeley P.O Box 307 Greeley, CO 80632 USA Voice: 970-351-7930 Fax. 970-351.7932 JAMES R KOEHLER 1001 EAST C ST. GREELEY, CO 80631 Valley Irrigation of Greeley CAC Invoice Number: 66701 Invoice Date: Feb 28. 2019 Page: 3 Duplicate JAMES R. KOEHLER 1001 EAST C ST GREELEY. CO 80631 2.00 1" BRASS BALL VALVE 2.00 1X3 NIPPLE 2.00 1" COUPLER 1.00 3" AIR RELIEF 1.00 3" HALF NIPPLE 1.00 10X8 CONE 1.00 10" OD STARTER 1.00 EXCAVATION LABOR, POND. CONCRETE WORK. DIG UP/REPA€R LINE @ WELL 1.00 VALLEY WELDING PUMP, PIVOT WELL 1 00 ELECTRICIAN TIE IN & MATERIALS 1 00 PRE PAYMENT CHECK #475 '7 TOWER PIVOT WAS $8988 ADDITIONAL THE WELL PIPELINE, TIE-IN AND ALFALFA VALVE OUTLET, PLUS FLOOD OUTLET AT PIVOT WAS $2237 ADDITIONAL. Check/Credit Memo No: Subtotal Sales Tax Freight Total Invoice Amount Payment/Credit Applied TOTAL Overdue invoices are subject to late charges 20.00 2.50 4.00 65.00 1200 28 00 40.00 12.300.00 950.00 6,800.00 100.000.00 wit. 40.00 5.00 8.00 65.00 12 00 28.00 40.00 12, 300.00 950.00 6,800 00 -100.000.00 22,500.00 22,500 00 22,50O.00 Quote Valid to- Authonzed Dealer Tic l.wsdar or FlrvTiylaNn tr l,Vyto, 1/2015 SALES CONTRACT Valley Irrigalie8 ci Greeley 651 "O" Street P.O. Box 307 Groeloy, CO 80632 January 10, 2016 Sold to. Address Cry. ST. Zip Telephone No Jim Koehler Legal Descrtpton Address CR82143-NW City ST Zip Prepared by Clot Fiscus SYSTEM INFORMATION Details Quantmp Model Length GPtvi Reprort. Acres Total 1 Valley 7000LF Pivot - 8 Towers 1164' 550 58 $ 71,650.00 47HR to app}f t ` 6 185' sppan, 6" Gvanized, Std spacing. 1 t45' Overhang, 8"x4" Galvanized, Std spec 4$PSI at Pivot I 8 oCPAVACRE SYSTEM OPTIONS Duantay De plot, CONS Smart Panel, GPS postten, transducer ICON Link•• $5,800 CO`. 5 Sets Valley USA Premium Onvetrtsintgearboxes and 6HP dnvest Included! 8 Sets Titan 11 2x38 Tali lire. HO galvanized rim, site tutees $2,000.00 $12.000.00({! 1 8 518 HD PIvtlt Pant, ladder, platform. Pivot Fiex, Collector, cab*. I _ Inciudodl 1 Run tight $15000; Auto Reverse Package wend tower arms and HD post barriers $2.885 00 1 2HP endgun taoester pump package w`Nelson 600 EG Valve } 52.095.CO, 550GPM nozzle package w/Senninger u -pipes. poiydrops OFT 56.750 00' clearance x 9FT spacing. Nelson IOPSI pressure regulators, Raison A3030 ieralor, gold plate Nelson SR100 Big Gun P , Total Options $20,75C COI r End of Field StopiAuto Reverse Physical Barricade Deletion X k 1 Customer mroi inkier; yelrn End or Fred steequ.e. Reverse ostaatriad srttttoca pnysrcai aatNcade Total Lie t S 101,400 00 1 t Less VaIrnont F Lary Discount 5 14,110 00li Less Dnve Unit rebate of $1475 (-Power $ 8.650 00 Less Control Panel Rebate 4 (2.500 00)1 Less First Time Buyer Rebate 5 (8,000001y ! Make sure is in placoytt4ityl pFtroi delivers=to your - } Owriersiiifx. aFtff,f''tt€ Is deer li- Valmont Warranty DRIVE TRAIN BYR PARTS/LABOR COVERED AT 100% ELECTRICAL 2YR PARTS/LABOR COVERED AT 100% CONTROL PANEL- ICONS • 5YR PARTS/LABOR AT 100% J SCI., hart.,..ser.as and 6+.yar „Han!s a secunty „serest ,n aH Cl Lhe co- •prnint Sesoebed aeeve as titer am as proceeds thereat. to eect.fe the par1orrmance end payment or si raaeewrts or Buyer and Sea., VV..' ore texas pt this wed,, t Read Ins teems and provnans w oa sraUsed pope 2 neitovi e ur'oeasdnstt &ants) ardflo,or0aat itrOr he has man Mat tons snit rflroscns sat sue on page 2 hafadr alt's 'fill loch terms an mOtaltc ;r anti are part ed tins time and sates conBEC2 as d fogy set forth on Mt lace rverad' 0.tys' scores to Crs aCCSpta spelt rarfns and pravN.on9 neStEe lssamsaon at arty Said Ur Character Sub Tote: Freight, Installation, concrete for pad 'CONTRACT TOTAL 69.940 00 1 INCLUDED' $ 69,940.00 $ $ Dealer By. Atxeplen Valley Irrigation of Greeley OPTIONAL, PrVOT PRICE WOULD BE 547.000 IF YOU GO WITH CLASSIC PLUS MECHANICAL PANEL AND V57000 DRME TRAIN Dealer Name •ICON LINK REQUIRES $9dp ANNUAL ACTIVATION FOR ACCESS Prce totaled to mange - see attached page 2 avyerisI Inds.dual 1 1 Partnership I ; Crop f 1 •' F a seaternent JI balance due on delivery Narn. Date Al checks payable to Valley irrigation of Greeley Adds interest ,yi4 be charged r. rye rate of :2te pet annwn Of the rophast l5 tag sa,ract race --.triheee, .5 BF 0 Ma n.etd W dWiquenl payment :x detautt TiBa Cat., Dale Valley Irrigation of Greeley LAST uxu* rxz g{e,LpANY MAME ROORES'. 651 "O" Street P.O. Box 307 GREELEY, CO 80632 970-351.7930 Sales Contract No Date January 10, 2018 County Weld State Colorado *or Jim Koehler IT, the und@regowl purchaser (sometimes caged Buyer) hereby agrees to buy from votary Irrigation of Greatey the merchantlt3e, equipmTtent. and malerats, installation and conetnrialen work and other Rena listed below upon the terms and conditions stated iterale and agrees to pay the total amount due under thin contract al QUANTITY, SIZE " Arto8ary fornew 6.Tower Pivot. UNIT PRICE AMOUNT 2 Steal r - 5 17.00 5 34 00 2 10-' Steel toggle slide gate 5 150.00 100 10"80# PVC or. - 5 4.00 $ 300.00 $ 400.00 3 Yard Concrete for .. ., - and ditch outlet b wet in more 5 175,00 $ 525.00 1 25HP Centnfloat Pump w ah hose a nd cord. 550GPMi135TDH 5 $ 10,900.00 t 700A Clemons Filter with SS screen and 2 5" flush valve 3,773.00 15805 8"8t3At PVC .,.: tram .. d to rvot $ 2.35 5 3.713.00 250 #2 Alum Power wire from new XCEL service to pump $ t. 70 5 425.00 1880 04.24(12 Alum Power wire wpump circuit from pump to pivot. in pipeline trench $ 1,60 $ 2.688.00 1 8" PVC 90' elbow S 90 00 S. 90 00 1 8" PVC 45' elbow 5 45.40 5 45 00 2 8" PVC vanstone fla . - S 96,00 5 190 00 1 8" 8uttere valve at ivot $ $ 260 00 Set Steel tie in flaings(flanges, cones, bolts, steel elb, steel page) S 600 00 2 2" Air relief $ 910.00 1 2 Pracvrre retie( $ 150.00 $ 5 1 Pond Excavation. 100x80x9' .> . to hold 7 5' of water 25a25' 5 5,500.00 sandtrap $ - 5 Excavation labor. Pipeline and.nre trenching instant, bgprfili 5 8,300.00 ncludes at pvc glue fitting mst 11 mobilization. delayer ma -toners I $ to lob $tt£ Includes concrete work at pond and ditch. 5 5 S t Wading labor $ 850.00 $ - Master Electrician Labor and materials, including 251-IP pump $ 6,800.00 p panel, meter rack. 2 disconnects permit and inspectean 5 I' a $ - i aCG, o r41n! ' 5 '"'7oarit 7—$ .,7`79,Cb� 2 2.7 S (-,9i7,in tzfi'o-)..- s f Note" Extreme rock, and or, high ground water level may increase 5 pipelIne abcr rate, and r wire umpr aQ p n9 equtpmert i - $ "Note" If utltity gas. oil. etc companies require a bore (uric* ss noted k 5 above;, or any hydrovac pen -holing treat r an additional charge. 1 $ 'Note" Pond excavation is dirt work ors, No Poly liner is figured S TOTA{,ANCILLARY $ 41,335.00 PIVOT PRICE FROM SALES CONTRACT 5 89 940 On _ TOTAL CONTRACT AMOUNT: $ 911x275.00 THIS CONTRACT t.5 SUBJECT TO TERMS AND CONDITIONS SHOWN BELOW AND ON ATTACHED PAGE 2 LANDOWNE am Clint Fiscus Valleylrri ation of Greeley P.O. / Greeley. CO 80632 '.SSA u.Ce. 970-351-7930 Pax 970.351.7932 Egli To: JAMES R. KOEHLER 1001 EAST C ST GREELEY, CO 80631 .74 KOEJA Sales; _ antity item t.00 '9 100 ir1W 0.25 #1 TT 3.00 #1TM Check./Credit Memo No: Valley Irrigation of Greeir; Invoice Number WO21799 Invoice Date: Sep 30, 2019 Page: 1 Duplicate Ship. to: JAMES R. KOEHLER 1001 EAST C ST GREELEY, CO 80631 Description 8 5/8 FLOW METER WELDING LABOR TRAVEL TIME MILEAGE I INSTALLED A FLOW METER Subtotal Sales Tax Freight Total Invoice Amount Payment/Credit Applied Overdue invoices are subject to late charges yn.ent Terfl. s Net 30 Days ,e 1,285 31 130.00 20.00 2.00 Due Date 10130/19 unt 1.285.31 130 00 500 6.00 1.426 31 1,426 31 1,426.31 Pum Data Sheet - American -Marsh Pum.s Company Quality Well and Pump, LLC Name: Koehler Brothers - 25HP US Date 10/13/2011 Pufrax Size 12MS (1 stage) Type: 480 VRT-TURBINE/OPEN Synch speed: 1800 rpm Curve: 2956 Specific Speeds Dimensions Vertical Turbine: Pump LAMM Temperature. 250 'F Pressure: 584 psi g Sphere size: 0.625 in -- OMR Milt,�,� Flow 1100 US gpm Head. 71.8 h Eff 79% Power 25.2 hp NPSHr 15 8 ft DeeitaN CUM — Shutoff head - Shutoff dP Min flow BEP. 80% @ 1056 US gpm NOL power 27 hp@ 1488 US gpm Max power 27 hp @ 1488 US gpm 90 ft 39 psi 634 US gpm Performance Flow US gpm 1320 1100 Speed rpm 1760 1760 Speed 1760 rpm Dia• 9.375 in lmpeiter Ns 2489 Nss. 7579 Suction: 8 in Discharge. 6 in Bowl size: 11.3 in Max lateral 0.75 in Thrust K factor 12.5 lb/ft Power 450 hp Eye area' -- 20 x a z 9 375 in 8 625 in 60 84n 0 30 20 10 0 200 400 200 Head ft 595 718 400 Seen* Wade: Flow 1 100 US gpm Fkhd: Water Density 62 37 lb/ft' Viscosity 1 105 cP NPSHa. --- Mme: AMERICAN -MARSH PU Head 60 ft Temperature, 60 'F Vapor pressure 0.2563 psi a Atm pressure 14 7 psi a Size: 30 hp Standard: NEMA Speed 1800 Enclosure. TEFC Frame. 286T Sizing criteria Max Power on Design Curve 600 800 1000 1200 US gpm Efficiency '4 74 79 800 Power hp 266 252 1000 12.00 NPSHr ft 20 3 15 8 1400 140f1 1600 1 tiOrl ;-)nt Waterworks 10 880 1710 660 1760 440 60 76 4 78.8 76 66 22 5 198 7114 8.89 Selected from catalog: American-Marsh.60 Vers 2009; Summary of water measurements at the Derr Pit Attached are the measurement sheets from the Derr Pit from 10-2006 thru 10-2019. The 2006 date was used for the start date because this reading was before any mining activity in the Loloff Pit and Derr Pit. This is the only baseline without any outside influences. The spreadsheet includes a reading every six months from the monitoring wells in the Derr Pit. There is a gap between March 2008 and October of 2016. The operator was to file yearly water measurement to the Derr file at the Colorado Division of Reclamation Mining and Safety. For some unknown reason there is an eight year gap that was not reported to the DRMS. The Loloff Pit was being wet mined for several years. As the mining was taking place the static water levels started going down as much as 6 feet over the next several of years until 2013. In 2013 Loloff started pumping the the water from the Loloff pit into a ditch to the SW corner. The mine was changed in to a dry mine with the DRMS at this time. The continuous dry mine dewatering started in 2013 thru August of 2017. During the four year dewatering the Derr monitoring wells went down as much as 20 feet. A slurry wall was installed August/September of 2017. The water levels in the Derr monitoring wells did not completely recover after the slurry wall installation. The wells started going down again as soon as the Derr pit was being dewatered 2019. The dewatering of the Loloff Pit and the Derr Pit has permanently lowered the water levels in the wells of the Surrounding Property Owners. Derr Pit monitor well static water levels provided by Broken Arrow and Ag Professionals Date MW2 0/30/2006 4/2/2007 S 12.07 0.5 11.55 4 10.7 MW6 MW7 MW8 2.9 6 9 11.79 MW1O 10 MW11 9.3 2 10.5 4 15 6 0/6/2007 2. 2 13.1 12.24 11 12.91 14.9 14.3 2008'1 10/1/2016 2.6 10.47 1.2.13 1.2 .49 13.2 27 26 40.6 42.23 42.15 43.1 50 2017 1O/1 `2017', 4/1/2018 10/1/2018 4/1/2019 10/ 30 27 8 7 6 18 20 18 0 18 23 17 23 16 23 1.7 24 7.7 38.64 39.35 40 50 5 ater Baseline History Timeline (2006) History Illegal loloff Slurry dewater not dewater wall (6-2013) approved (8-2013) approved (2017) Hernandez TaylorI Parker Koehler Francis Stout Taylor?_ Murata Hosbiko 7 42 7.06 16.51 17.21 45.97 41.11 27.66 19.06 19.46 17.02 19.18 47.61 42.55 Derr dewater (2019) 18.5 22.36 22.27 20.71 22.55 50.65 45.4 44.52 46.59 46.6 Well replaced with NWCWO water tap 2015 Well lowered 2015 All three wells are down -16,-16,-14.6 2019 AN three wells need to be replaced DBMS 2017 Well was replaced by owner 2019 Well has been inoperable 2012 Well lowered 2020 Well is inoperable 2014 ova wt o d, ; Sand fit .' T5N, 6t1'P.M. r Colorado ember 3, 2006 Two,Rivers Testing,Inc. I-601 37th Street :t ,Clordo .80620- (970) 334-4092 Loper wSoils.. Below the up > r soils r crying tyres of weathered and competent bedrock consisting a: f s: one and claystone were present to the depths explored Competent bedrock was present at depths ranging from forty-five feet (45-) to greater than one hundred twenty fee (120) 0810W existing surface. rGroundwater: Groundwater was encountered at depths ranging from eight feet (B') to forty feet (40'). Water levels in this area are subject to change due to seasonal variations and irrigation demands on and/or adjacent to the property. No 2 summarizes the depth and elevation of the ground"vvetl'r and competent bedrock. TABLE NO. 2 A SUMMARY OF BORE DATA EXISTING GROUND ELEVATION TRT BORE # (T)_.N..,,. le 4633 ? 4631 5.3 4629 83 4630.52 4650 4634 46 2 4530 08 4032 4630 468°i 46O1 R,t) DEPTH TO GROUND ATE(FT) RECOMMENDATIONS AND X I ELEVATION TO GROUND WATER (FT) +625 :3 ,1 J.c.".. 1) 4'620 $ CUSSION IEP'TH TO COMPETENT BEDROCK sEn 82 0 0 77.0 70 t„ 74 i i ELEV. TO COMPETENT BEDROCK (FT) 4187 5 4548 6 4545 5 4561 450I 6 4547 .. 4848 4558 `,. 41.13:!45 . 45.'p8z 4548 Based upon the results of our investigation, we conclude that from a geotechnica standpoint, the site is suitable for the proposed construction with the following lirnitat'ons listed below" WO1I proposed to be hammer r rivet ..vit slur y injection. T e "!II should be installed a m nimum of -five feet (5,) into conrpFeterit nk or until refusal occurs Some leakage) may stilt occur through The siltst:")ne bedrock stratum A Geotecrinical Engineer's cen estentali`v s -you d be on site to verify competent bedrock rs encountered 00"1C9t ern ooti I -- (xi 6'C9t 05 Et 09-E,909 fl5-at3i NT)t 06'tt9t I 09 t 4 0i'9t3► 0t-5C9t 09Lt P.MP "r1 n ptft I 00 EL C5 Li 00 El 0te0101 Sfil b!'tt 9•CEt a€ti 96'Zl 09 Et 0I IB Shit BCtI Dalt pttEt >l tszt j Dezt is t pt 1,1 "w's r.prls + v+.! Est utdAO Aa urn±C'r�M ';art.., s1E9,0-; s„be L. 't1t^z4 IPOM XfOUCIAI Et EL OO u ()Olt SYOL 99`EC OP: it z O'flt 1 ,M0t f E0 Ot Zi-Dt o.. ut :rat C9"Ot [ o5'OL oc, OE'S Prot 473" t t r OLJEZttt 1 x*.POt/04 LYON EMW to r ILL IRON MINING 590 BALSAM AVE CIRI LEY,.(w'()`()F1 1'rgar:ci b Y PRO fessiona1 Momlot Well State: Water atetti5 Or Pit/Weld. CO 20.1718 Project 2354-01 Client Mill Iron Location Derr Pit Monitoring We 1 -1. Depth to nTOC(ft; 16.73 erEleerat MS1.0 4614.65 er DeP rem TOC 2018 17.06 4614.32 2 7.18 4613.7: MW -3 -4 7.87 4613.5 17.06 7.67 4613.85 4613.7 15.7 4615.90 15.38 4616.25 Broken No Rea' 8 6 5.31 oke 4618.05 14.89 keno No Readin 4618.47 7 0.00 6.5 4619.0 8 .07 4617.17 17.79 4617.45 MW -9 15.74 4618.28 15.3 4618.70 MW -10 14.75 4617.36 13.89 4618.22 4 4616.2 3.89 4616.5 2 6 4614.62 6.5 4614.69 M 7.42 4613.96 17.21 4614.17 MW -14 49.19 4611.40 45.97 4614.62 5 6 41.59 4618.77 4 1 4619.25 4.00 17.14 4614.24 0 4.78 46 7.6 6.4 46 8 4613.75 4619.17 7.38 46 7.0 7.6 46 4613.75 4.78 4618.5 6.4 4619.17 7.7 4613.66 7.56 18.16 15. 6.75 4613.35 4613.22 4615.89 46 2 4618,85 7.7 4617.53 17.7 4617.5 8.09 4617 15.21 4618.81 5. 4618.8 5.56 4618,46 4.25 4617.86 4.25 4617 0 4616.66 6.49 4614.71 0 4616.6 16.49 4614.71 4.60 14.22 4617.5 4616,24 6.95 4614.25 17 4614.20 4614.69 26.4 45.90 4604.90 17.70 4613.68 4614.69 46.37 43.01 4617.35, 4614.22 41.37 4618.99 2/12/2019 18.10 4613.28 3/7/2019 18.30 4613.08 .. Dept 4/22/2019 27.66 4603.72 17.95 4512.96 18.19 18.58 4612,80 16.11 4615.52 18.79 4612.72 4612.59 19.06 4611.85 19.46 4611.92 25.46 4606.17 17.02 4614.61 ok No Re roken, No Readings ke o Rdings No Readings. 15.49 4617.87 15.74 4617.62 16.34 4617.02 17.11 4618.49 7 -- -- .,,... _I/ ..l. '401/.07 18.44 4616.80 18.65 4616.59 19.27 4615.97 15.92 4618.10 16.13 4617.89 16.75 4617.27 14.98 4617.13 24.30 4607.81 15.85 4616.26 f r „- ,, ,, 4615.65 15,55 17.33 4613.87 17.54 4613.66 18.03 4614.91 4613.17 18.08 4613.30 18.32 4613.06 19.18 4612.20 46.75 4613.84 46.99 4613.60 47.61 4612.98 41.71 4618.65 51.07 4609.29 42.55 4617.81 5/14/2019 22.31. 4609.07 Dept .,.. arty TOC 6/21/2019 14.60 4616.78 28.70 20.22 18.63 17.63 4602.21 4611.16 4613.00 4615.7 18,71 19.91 4616.89 ()ken 20.28 4610.63 20.65 4610.73 20.40 5. ►eptti tt rom IOC //24/2019 16.41 4615.14 20.75 4610.33 20.92 4611.23 f 20.49 19.42 4616.18 oken,;,No 18.61 19.42 4610.63 4611.31 4614.92 4616.35 4615.33` 20.73 4614.51 20.90 4614.51 25.56 4608.46 18.53 4615.49 18.77 4615.42 26.60 4605.51 18.67 4613.44 16.70 4613.76 17.87 4612.59 18.79 18.04 27.43 4603.77 29.09 4602.29 19.09 20.87 4612.11 4610.51 19.62 21.17 4613.49 4612.59 4611.75 4610.38 48.44 43.49 4612.15 4616.87 49.02 43.61 4611.57 4616,75 15 44.31 4610.61 4616.22 8/21/2019 9/17/2019 17.99 4613.56 no reading, roots no reading, roots 10/10/2019 18.50 4613.05 21.11 21.28 4609.97 22.56 4608.52 4610.27 22.57 4608.98 22.18 4608.90 22.36 4609.19 20.63 Pro, 4611.17 22.74 4609.06 22.27 4609.53 Broken, No R en, No R� 18.95 4614.58 19.54 4613.99 No Readings 20.00 Readings 4613.53 19.85 4615.92 20.38 4615.39 20.71 4615.06 21.41 4614.00 22.27 4613.14 22.51 4612.90 19.16 4615.03 19.75 4614.44 19.96 4614.23 19.10 4613.18 19.87 4612,41 18.45 4612.18 20.23 4611.14 20.48 19.61 4611.02 21.61 4609.76 4611.80 19.79 21.31 4610.84 4610.06 21.39 4610,16 22.97 4608.58 22.55 4609.00 49.56 4611.20 50.66 4610.10 50.65 4610.11 44.71 4615.82 45.08 4615.45 45.40 4615.13 43.63 4612.73 47.00 4616.80 44.44 4611.92 46.95 4616.85 44.52 46.59 4611.84 4617.21 46,38 4621.28 46.52 4621.14 46.61 4621.05 18.46 4613.09 .Depth om tOC 11/13/2019 12/10/2019 no reading, roots no reading, roots 23.31 4607.77 23.30 4607.61 23.28 4608.27 23.32 4608.06 23.18 4608.62 23.07 4608.56 NoReadings 20,30. 4613.23 ken Alta R§ din 20 28 21.05 4614.72 21.01 4613.0 4614.59 23.01 4612.40 22.97 4612.27 20.28 4613.91 20,26 4613.76 20.82 4611.46 20.78 20.36 4610.27 20.3 4611.33 22.43 4608.94 22.41 22.41 23.62 4607.93 23.62 4607.76 0.65 45.64 44.87 4610.11 4614.89 4611.49 51.25 45.57 44.91 4609.34 4614.79 4611.28 46.75 4617.05 46.80 4616.83 46.74 4620.92 46.73 4620.76 EXHIBIT r' Mineral Rules and Regulations Exhibit S 1. Copy of the Exhibit S that lists the structures that the Operator will cover if there are damages from the mining operation. a s ZMJL3RS iq • t78 •t 2. Copy of the Mineral Rules and Regulations 2a. Page 7 (52) "Structure, Significant, Valuable and Permanent Man- made" means a non -portable improvement to real property which is defined, current and recognizable value of economic nature; generally including but not limited to; buildings, houses, barns, fences above or below ground utilities, irrigation ditches, maintained or public roads, bridges, railroad tracks, cemeteries, communication antennas, pipelines, water wells, water storage structures, discharge and conveyance structures,ect. 2b. Page 7 (53) 'Technical Revision" means a change in the permit or application, which does not have more than a minor effect upon the approved or proposed Reclamation Plan. The SPO have asked for a Technical Revision at least three times and Kelly Hodge has refused each time. The Technical revision would require the Operator to mitigate all impacts to permitted wells affected by the dewatering activities, not just the wells within 600 feet of the mining limit. The Operator did not include any water well coverage in Exhibit S even though there are two Koehler Wells and one Hofner/Winter wells within 200 feet of if the mining area. EXHIBIT S Permanent Man -Made Structures within 200 Ft of the Affected Land Surface Use/Damage Waiver Agreements that have been obtained, and associated structures' Owner DCP Midstream Structures Oil/Gas Lines Owner City of Greeley Structures Improved/gravel roadway, culverts Owner Loloff Construction, Inc Structures- Fencing, Slurry Wall Owner Global Asset Recovery, LLC Structures Fencing, Ditch Surface Use/Damage Waiver Agreements that are being pursued, and associated structures Owner Centurylink Structures Phone/Fiber lines Owner City of Greeley Structures Improved roadway/ROW, signs, culverts, borrow ditches Owner David Bliss Structures Buildings, fencing Owner DCP Operating Company, LP Structures Oil/Gas Lines Owner Dixie Ann Hoffner and Jerry Winters Structures Fencing Owner Extraction Oil and Gas, LLC Structures Oil/Gas lines, Oil/Gas Wells Owner Gene Murata Structures Building Owner Hoshiko Land Structures Irrigation Structure L i JO Consulting, Inc. Derr Pit Project DRMSI 12 Permit Amendment Owner James Koehler Revocable Trust Structures Buildings, fencing Owner JBS Structures Sewer Force Main Owner Jeanette Snow Structures Buildings, fencing Owner Noble Energy Structures Oil/Gas lines, wells, pumps, tanks Owner North Weld County Water District Structures Water lines Owner Sylvia and Verne Parker Structures Buildings Owner Weld County Planning and Building Structures Improved roadway/ROW, signs, culverts, borrow ditches Owner Xcel Energy Structures Power lines/poles, Electric lines (buried) r --- Broken Arrow Investments, LLC believes that the mining operation, as proposed, will not adversely affect any of the permanent, man-made structures located within 200 ft of the affected area However, the applicant still anticipates providing evidence of agreements for compensation with the appropriate structure owners or engineenng evaluations that adequately demonstrate that the proposed mining and reclamation operations will not result in damage to the structures l i ii J&T Consulting, Inc. Derr Pit Project DRMS1 12 Permit Amendment MINERAL RULES AND REGULATIONS OF THE COLORADO MINED LAND RECLAMATION BOARD FOR THE EXTRACTION OF CO 'rSTRUCTI®TER ALS Promulgated October, 1995 Amended April, 1999, January, 2000, August, 2001, May, 2004, June, 2005, August, 2006, and July, 2019 Effective July 15, 2019 This copy of the Rules and Regulations is prepared by the Office of Mined Land Reclamation, based on the records of the Division of Reclamation, Mining and Safety and those of the Secretary of State Page 7 Construction Materials Rule 1 111(1)(b) (50 1) "Special One-time Excavation 111(1)(b) Operation Permit" applies to any operation of a one-time excavation project which (a) is not performed pursuant to a federal, state, county, city, town, or special district contract, (b) generates small quantities of excess construction matenals, twenty thousand (20,000) tons or less, that are incidental to the intent of the one-time project and introduces those matenals into the construction materials market, (c) is clearly defined, of short duration of less than one (1) year and scope, (d) does not employ matenal processing activities typically associated with mining operations, such as crushing, washing, or asphalt and concrete production, unless approved by the Office, (e) all extraction and export of materials are completed within twelve (12) months of permit issuance Any Operator with a Special One -Time Excavation 111(1)(b) Operation Permit for which extraction and export activities are not completed within twelve (12) months after issuance of the permit, shall replace the Special One - Time Excavation 111(1)(b) Operation Permit with the applicable regular construction materials permit All fee, warranty and processing requirements shall apply as a new permit application A fee, as specified in Section 34-32 5-125(1)(a), C R S , shall be submitted at the time of the applicable regular construction materials permit application, (f) reclaims all affected lands within twelve (12) months after issuance of the permit, and (g) will affect thirty (30) acres or less 111 (51) "Special Permit" shall mean a permit issued in accordance with the provision of Section 34-32 5-111, C R S 1984, as amended 115(4)(e) (52) "Structure, Significant, Valuable and Permanent Man-made" means a non -portable improvement to real property which has defined, current and recognizable value of an economic nature, generally including but not limited to buildings, houses, barns, fences, above or below ground utilities, imgation ditches, maintained or public roads, bridges, railroad tracks, cemetenes, communication antennas, pipelines, water wells, water storage structures, discharge and conveyance structures, etc (53) "Technical Revision" means a change in the permit or an application, which does not have more than a minor effect upon the approved or proposed Reclamation Plan 103(11)(0) (54) "Temporary Cessation" means those limited periods of non -production as specified 103(11)(c) according to Rule 1 13 34-32-103 (55) "Toxic and Acid Producing Materials" means natural or reworked earth matenals having acid or toxic chemical and physical characteristics that, under mining or post -mining Page 21 Construction Materials Rule 1 1 4 1(9), (13) or 1 8 If the Office does not set the matter for a hearing, any person directly and adversely affected or aggrieved by the Office's decision to grant or deny the 110 Limited Impact Permit application and whose interests are entitled to legal protection under the Act may appeal the Office's decision pursuant to Rule 1 4 11 (3) If the Office receives any written objections to an application pursuant to the Rule 1 7 1(2), the Office shall provide a copy of the objection to the Applicant within ten (10) days of receipt 1 7 2 Specific Provisions - 110 Limited Impact Operations and 110(6) County Composite Operations (1) Comments shall be submitted in accordance with Rule1 7 1 (2) To be considered, such statements must be received by the Office within ten (10) days after the last date of the Applicant's newspaper publication 1 7 3 Specific Provisions -111 Special Operations Permit Applications (1) Comments, to be considered, must be received by the Office WEth►n five (5) working days after the application has been filed (2) Upon consideration, the Office shall approve or deny the application within the fifteen (15) calendar days after the application has been filed (3) 174 Objections to final decisions by the Office shall be handled according to the procedures outlined for 110 Limited Impact Permits, specifically Rule 1 4 11 Specific Provisions - 112 Reclamation Permit Applications (1) Comments shall be submitted in accordance with Rules 1 7 1 and 1 7 4 (2) In the event the Office receives an objection within twenty (20) calendar days of the last day of publication and in accordance with this Rule 1 7, it shall set the permit application for a heanng before the Board according to the provisions of Rule 2 110(7) 1 8 AMENDMENTS AND TECHNICAL REVISIONS TO A PERMIT APPLICATION 112(7) 1 8 1 General Provisions -110 Limited Impact or 112 Reclamation Permit Applications (1) An Applicant may amend or make technical revisions to an application for a permit under consideration by the Office by filing a copy of such amendment or technical revision with the Office and placing a copy with the County Clerk and Recorder (2) Within five (5) working days of placement with the County Clerk or Recorder, the Applicant shall provide the Office with an affidavit or receipt demonstrating that the amendment or (5) Page 22 Construction Materials Rule technical revision was placed with the County Clerk and Recorder not later than the close of business on the day the amendment or technical revision was filed with the Office (3) Any amendment or technical revision to an application shall constitute a new filing for the sole purposes of determining the date for the consideration of the application by the Office, and for the deadline for a final decision on the application The provisions of Rule 1 6 6 shall apply to submitted amendments and the provisions of Rules 1 8 2 or 1 8 4 shall apply to technical revisions for 110 Limited Impact or 112 Reclamation Permit applications, respectively (4) If the Office determines that additional information is submitted by the Applicant for the purpose of detailing, clanfying or explaining any part of the application, whether at the request of the Office or otherwise, then such additional information shall not constitute a change or an addition resulting in an amendment or technical revision to the application If the Operator notifies the Office of a proposed change in post -mining land use, the Office shall decide whether such change in post -mining land use requires a change in the Reclamation Plan and whether such change shall require a Technical Revision or Permit Amendment (6) Within five (5) working days of the filing of an amendment or technical revision to an application, the Office shall set a new date for the consideration of the application The new date shall be set pursuant to Rule 1 6 6, 1 8 2 or 1 8 4, as applicable 1 8 2 Technical Revisions to 110 Limited Impact Permit Applications The Office shall set a new date for the consideration of a technical revision to an application a 110 or 110(6) Limited Impact Permit only as necessary to afford an adequate opportunity for a review of the technical revision by the Office and by any interested members of the public 1 8 3 111 Special Operation Permit Applications (1) An Applicant may amend or technically revise an application for a 111 Special Operations by filing a copy of the amendment or technical revision with the Office and by providing the Office with proof of submittal of notice of the amendment or technical revision to an application to the local Board of County Commissioners Proof of notice shall be submitted with the amendment or technical revision to the application An amendment to an application must be submitted on a form approved by the Board (2) Within three (3) working days of the filing of an amendment or a technical revision to an application with the Office, the Office shall set a new date for the consideration of the application A new date shall be set only as necessary to afford an adequate opportunity for a review of the amendment or technical revision to the application by the Office and by any interested members of the public 1 8 4 Technical Revisions to 112 Reclamation Permit Applications (1) Written objections to the application Page 23 Construction Materials Rule 1 The Office shall not set a new date for consideration of an application for a 112 Reclamation Permit for which it has received written objections, any earlier than twenty (20) days after the date of tiling a technical revision to the application, unless the Applicant and all parties agree on an earlier date (2) No written objection to the application The Office shall set a new date for the consideration of an application to which no objection has been submitted only as necessary to afford the Office an adequate opportunity to review the technical revision 1 9 TECHNICAL REVISION TO A PERMIT 1 9.1 Filing and Review Process An application for Technical Revision shall be filed in writing with the Office The Office shall act on a Technical Revision application within thirty (30) days after the Technical Revision has been filed with the Office A Technical Revision is considered filed when the submittal includes the appropriate fee A Technical Revision shall be considered automatically approved within thirty (30) days after filing unless the application is denied Notice of Technical Revisions shall be acknowledged in the monthly activity report attached to the monthly Board agenda 114 1 9 2 Denial and Appeal Process In the event that the Office decides to deny an application for Technical Revision, the Office will notify the Applicant in writing within ten (10) days after the decision deadline The Applicant may appeal the decision to the Board for a final determination by submitting a petition for a hearing pursuant to the provisions of Rule 1 4 11 1 10 AMENDMENT TO A PERMIT 1 10 1 112 Reclamation Permit and 110 Limited Impact Permit Amendments - -; r11 1/Uhare annhrahle thare ¢hall be filed with any aoolication for a 112 Reclamation Permit amendment, attachment(s) map(s) and one (1) original and one (1) copy, or by electronic submittal as designated and approved by the Office, of the application with the same content as required for an original application, except that the Applicant will not be required to submit any information which duplicates applicable previous submittals However, the Applicant shall clearly describe where in the onainal application anri sunpnrtino dnrumentc the information not included in the amendment application, but necessary to render the amendment technically adequate, may be found (2) A 110 Limited Impact permit amendment submittal shall include attachment(s), map(s), and one (1) onginal and one (1) copy or by electronic submittal as designated and approved by the Office, of the application with the same content as required for an original application, except the Applicant will not be required to submit any information which duplicates applicable previous submittals However, the applicant shall clearly describe Page 103 Construction Materials Rule 6 6 417 EXHIBIT Q - Proof of Mailing of Notices to Board of County Commissioners and Conservation District Proof that notice, of the permit application was sent to the Board of County Commissioners and, if the mining operation is within the boundaries of a Conservation District, to the Board of Supervisors of the local Conservation District, pursuant to Rule 1 6 2(1)(a)(ii) 6.418 EXHIBIT R - Proof of Filing with County Clerk and Recorder An affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Rule1 6 2(1)(c) 115(4)(e) (c) 6 419 EXHIBIT S - Permanent Man-made Structures Where the affected lands are within two hundred (200) feet of any significant, valuable and permanent man-made structure, the applicant shall (a) provide a notanzed agreement between the applicant and the person(s) having an interest in the structure that the applicant is to orovide compensation for any damage to the structure, or (b) where such an agreement cannot be reached, the applicant shall provide an appropriate engineenng evaluation that demonstrates that such structure shall not be damaged by activities occumng at the mining operation, or where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owners) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility 6.5 GEOTECHNICAL STABILITY EXHIBIT 116(4)(i) (1) On a site -specific basis, an Applicant shall be required to provide a geotechnical evaluation of all geologic hazards that have the potential to affect any proposed impoundment, slope, embankment hiahwall or waste pile within the affected area A aeoloaic hazard is one of several types of adverse geologic conditions capable of causing damage or loss of property and life The Applicant may also be required to provide a geotechnical evaluation of all geologic hazards, within or in the vicinity of the affected lands, which may be de -stabilized or exacerbated by mining or reclamation activities (2) On a site -specific basis, an Applicant shall be required to provide engineenng stability analyses for proposed final reclaimed slopes, highwalls, waste piles and embankments An Applicant may also be required to provide engineering stability analyses for certain slopes configuration as they will occur dunng operations, including, but not limited to embankments Information for slope stability analyses may include, but would not be limited to, slope angles and configurations, compaction and density, physical characteristics of earthen matenals, pore pressure information, slope height, post- Planning Summary 1. page 8 Commissioner Holland asked if we sought legal advise relative to the impact to the water wells cause by this operation. We have a report from our water engineer to be included in the file. 2. page 8 Commissioner Cope asked why the delay in the slurry wall in the south area? Mr. York said that they just got the Loloff Pit done they had to bond for that slurry wall so finacially it is harder for them to do. 3. page 8 Commissioner asked if there has been an adequate hydrogeologic study done. This was only submitted to the DRMS for the Loloff Pit. This is the McGrane Engineering report. 4. June 6, 2019 DRMS report that reduced the Loloff Pit Bond from $1,104,455 to the minimum $244,389. Reduction of $860,066. 5. Parson's Engineering Report: Claimed they have records for the Derr Pit monthly since 2006. (not in the file) Required 15 months of well monitoring in the mine and for SPO. (this has not been completed) This has to be completed before the onset of mining. Commissioner Cope stated that he knows the applicant but does not have any ties to this project and feels he can be unbiased JC York, J&T Consulting, 305 Denver Avenue, Ft Lupton, Colorado, stated that the change of zone from R-1 to Agriculture cleans up the split zoning on the property The northern portion of the property is zoned R-1 and the southern tip is zoned Agncultural He said that they need to zone it back to agriculture so they can move forward with the amendment to their USR Permit currently existing for the Derr Mine The Chair asked if there was anyone in the audience who wished to speak for or against this application Joe Parker, 211 North Balsam Avenue. Greeley, Colorado, said that the Parker family is adamantly opposed to the changing of zone away from what it is currently zoned for The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case COZ19-0001 to the Board of County Commissioners along with the Conditions of Approval and notes to the plat with the Planning Commission's recommendation of approval, Moved by Gene Stifle, Seconded by Tom Cope Vote Motion camed by unanimous roll call vote (summary. Yes = 8) Yes' Bruce Johnson, Elijah Hatch, Gene Sidle, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope CASE NUMBER 2MJUSR19-08-1660 APPLICANT GLOBAL ASSET RECOVERY LLC PLANNER KIM OGLE REQUEST -A SITE SPECIFIC DEVELOPMENT PLAN AND 2ND AMENDED USE BY SPECIAL REVIEW PERMIT NO USR-1660 (FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OPEN PIT MINING - SANDS, GRAVELS AND STONES AND MATERIALS PROCESSING) STOCKPILING, RECYCLING AND PROCESSING OF DEMOLITION MATERIAL (ASPHALT AND CONCRETE) AND THE IMPORTATION OF SOIL AMENDMENTS (TOPSOIL PEATS AND COMPOST) IN THE A (AGRICULTURAL ZONE DISTRICT LEGAL DESCRIPTION LOT B RECX16-0165 AND LOT B RE -1638, BOTH BEING PART OF THE NE4 ‘ SECTION 4, T5N, R65W OF THE 6TH P M , WELD COUNTY, COLORADO_ LOCATION EAST OF AND ADJACENT TO N BALSAM AVENUE SOUTH OF AND ADJACENT TO CR 62 WEST OF AND ADJACENT TO NOR1 H CHERRY AVENUE Kim Ogle, Planning Services, presented Case 2MJUSR19-08-1660, reading the recommendation and comments into the record Mr Ogle noted that eight (8) letters from surrounding property owners, two affidavits of personal knowledge, one office visa and two telephone calls were received regarding concerns about the effect of the slurry wall or, the farms' imgation wells dust silica in the Jr traffic noise andhosC of property value Mr Ogle stated that there will be seven (7) phases of mining and reclamation will progress concurrently with the mining activity as each phase is completed The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards Mike McRoberts, Public Works reported on the existing traffic, access to the site and drainage conditions for the site Commissioner Johnson asked why they wouldn't access County Road 43 (Cherry Avenue) since it is paved Mr McRoberts said Public Works prefers that they access on the lower classified road because of safety and congestion Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control and the Waste Handling Plan 6 Commissioner Cope stated that he knows the applicant, however, he feels he can review this case with unbiased opinion JC York, J&T Consulting, 305 Denver Avenue, Ft Lupton, Colorado, stated that they did have a community meeting on August 2, 2019 as well as meetings with the surrounding property owners There is a current DRMS permit with mining about 75 acres, however, the total USR Permit boundary is 145 acres Mining is occumng in the original permit area and the amendment area would start in Phase 5A For dust control, they will water with water trucks and added that the haul roads that are interior that come from the entrance to the stockpiles and to the scale house will be treated with mag chlonde The haul route will be Balsam Avenue to 8th Street then to Highway 85 if going west or continue east on 8th Street At the community meeting, they talked to residents about noise and visibility As a result, they proposed a berm on the northeastern portion of the property Additionally, from the nght-of-way to the mining limit there is a 200 -foot buffer around the penmeter of the property to help mitigate those issues Jeff Kwolkoski, Wave Engineering, 1100 West Littleton Boulevard, Littleton, Colorado said that they performed a noise study of the mining operation, including the processing area He said that they use a computer program to predict sound levels as they transfer from different pieces of equipment and the outdoors He added that the program takes into account the topography of the land, berms or barriers and wind direction Mr Kwolkoski said that the study shows that the noise will be within the 55 dba limit during the day After additional berms were shown, the noise was reduced to within the residential limit Mr. York said that there have been monitor wells installed along the perimeter of the original permit area as well as three (3) additional wells in the north area last week. The south area being mined is currently being dewatered as they are going down. The water that is being dewatered is being pumped into some ponds to the south of the south area and used fnr recharge The slurry l-inoosPd for the ong permit area is slated to go in sometime in 2020 The north area, as part of the DRMS Permit, requires a slurry wall to go in before they expose groundwater Commissioner Cope asked what the depth to the mineable sand and gravel is Mr York replied that it is 0 to 90 feet Commissioner Johnson asked what the timoframe is to take excavate that area Mr York said that they anticipate 15 to 18 years Commissioner Beck asked what the end use will be Mr York said that it will be reclaimed water storage reservoir The Chair asked if there was anyone in the audience who wished to speak for or against this application Joe Parker, 211 North Balsam Avenue, Greeley, Colorado, said that the Parker family opposes any and all mining_ operations as they live across from the mines to the south and to the east He added that they are concerned with the air pollution and noise pollution The Chair asked what some things the operators could do to mitigate these problems Mr Parker said that they are in contact with them and added that whatever they ask for they have granted He said that they have asked that no berms be placed to obstruct their view and added that their well currently is functioning and they have asked the applicants to make sure that their wells continue to function Mel Bickling. 6690 Lakota Court. Johnstown. Colorado. stated that he is representing the Koehler family who live across the street He provided a handout of mitgation items for traffic. noise, dust and light that they would like to see. in the material. he included the distance of existing wells from the existing and proposed mining operations He added that they are concerned that the mining will have a negative impact QfL he imgation wells. 7 Additionally, they are asking for a third monitoring well, the slurry wall shall be installed immediately, and screening Commissioner Holland asked If he has sought legal advice relative to the impact to the water wells caused Jay this operation Mr Bicklinq said that they have a letter from a water engineer included In the file Mr Holland suggested that it be entered in the record Rocky Francis. 701 Balsam Avenue. Greeley. Colorado, stated that Division I Water Court gave them a well permit that he objected to because he has a well within 600 foot of the mining operation and it has been affected by the Derr Pit and the Loloff Pit and nothing was done to mitigate that He added that the Loloff Pit affected his irrigation well, domestic well and stockwater well He expressed great concern on the impact of his wells and added that he can't grow any alfalfa because he can't irrigate Diana Taylor, 665 Balsam Avenue, Greeley, Colorado said she has lived there since 1972 She said that they haven't had a well for almost 15 years She added that she has asthma and there are trucks that continually travel by her house and is concerned by the dust Bnan Murata, 29485 CR 43+ said that he is surrounded by the pit He has a domestic well that is intermittent It appears to him that they have already been mining where they are trying to get the permit He asked for clarification of the reservoirs on the property Commissioner Ford asked how deep his domestic well is Mr Murata said that he doesn't know but will be checking it Commissioner Johnson asked if the water well has changed over the last 10 years Mr Murata said that it has changed in the last 3 to 4 years and has gone down He added that the well is only used for landscaping around his home but has water from North Weld County Water District for potable water Mr York said that the mine will be mined down in a 3 to 1 slope and the depths to the bedrock are anywhere from 90 to 50 feet on the original permit area He added that on the terrace area it will be greater than 100 feet Since groundwater level is 40 -feet they will install a slurry wall as a requirement from the DRMS permit before exposing any groundwater so there will be no dewatering in that area that could affect these wells to the north Commissioner Cope asked why there is a delay in the slurry wall in the south area Mr York said that they just got the Loloff Pit done so before they put the slurry wall in, they had to bond for that slurry wall so financially it is harder for them to do Commissioner Holland asked if there has been an adequate hydrogeologic study done prior to this point in time Mr York said that a groundwater water modeling done for the Loloff Pit to show what the mounding and shadow effects could be when the slurry wall was put in Commissioner Holland asked if our staff has received that, Mr York said it was submitted to DRMS staff but not planning staff The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case 2MJUSR19-08-1660 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial Moved by Skip Holland, Seconded by Richard Beck Commissioner Holland said that these operations in the past have caused significant damage to the water wells and private property owners in this area and it appears that there is a minimal attempt to produce a plan that would protect the water wells still in operation Commissioner Beck said that the applicants_ate willing to do their mining and get their business going, which is understandable, but he doesn't believe they have done anything substantial that has actually solved a problem in terms of mitigating the problems of surrounding wells. Commissioner Johnson agreed and disagreed and added that the damage that is occurring is outside of their activity in which they can't be responsible for He suggestedi that any further mining, until both slurry walls would be installed, should cease Commissioner Stifle said that to a certain 8 extent they have the cart ahead of the horse, however at the same time they are trying to mitigate and help Mr Francis and Mr Murata with their wells. yr. Holland cited Section 23-2-220 A 6 and Section 23-2-220 A 7 and said that if the applicant had some sort of a plan that demonstrated a due diligence he probably could have supported this. however, there appears to be no such plan. The Chair called for the vote Vote Motion failed (summary. Yes = 4, No = 4, Abstain = 0) Yes Elijah Hatch, Lonnie Ford, Richard Beck, Skip Holland No Bruce Johnson, Gene Stille, Michael Wades, Tom Cope Commissioner Cope said that he feels the applicants are following the recommendations of the County and the cntena is being met He added that a lot of the damage that has occurred been inherited from previous mining and the applicant's practices will resolve that Commissioner Stile agreed with Commissioner Cope Commissioner Wailes said that the applicant and Staff have shown that they have met the standards in Section 23-2-220 A He also agreed with the comments from Commissioners Cope and Johnson that if the issues weren't inhented then they are outside of the control of the applicant Motion. Forward Case 2MJUSR19-08-1660 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Gene Stille, Seconded by Michael Wailes Vote Motion passed (summary Yes = 5, No = 3, Abstain = 0) Yes Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wades, Tom Cope No Elijah Hatch, Richard Beck, Skip Holland Commissioner Beck said that because this applicant has inherited some of these problems, they are still problems for the landowners and the neighbors with the wells He said that inheritance in this case is no excuse Commissioner Ford said that they should not do any excavation below the water level before the slurry walls are installed The Chair called a recess at 4 12 pm and reconvened the hearing at 4 30 pm (Skip Holland and Tom Cope left the hearing at 4 12 pm) CASE NUMBER MET19-0001 APPLICANT REAL WELD METROPOLITAN DISTRICT PLANNER TOM PARKO REQUEST THE PURPOSE OF THE METRO DISTRICT IS TO HELP PLAN, DESIGN, ACQUIRE, CONSTRUCT, INSTALL, RELOCATE, REDEVELOP AND FINANCE PUBLIC IMPROVEMENTS ASSOCIATED WITH "REAL COLORADO SOCCER', A NON-PROFIT CORPORATION DEDICATED TO PROVIDING YOUTH WITH RECREATIONAL AND COMPETITIVE OPPORTUNITIES RELATED TO THE GAME OF SOCCER LEGAL DESCRIPTION PART OF SECTION 28, T6N, R64W, PART OF SECTION 36, T5N, R64W, PART OF SECTIONS 3, 15, 17, 18, 19, 20 21, 29, 31 33, T5N, R62W, PART OF SECTIONS 3, 7, T4N, R62W, PART OF SECTIONS 1, 3, 10, T4N, R63W, PART OF SECTIONS 22, 27, 13, 17, 20, 21, 22, 23, 24, 25 27, 31, 33, 34, 35, 36, 23, T5N, R63W OF THE 6TH P M , WELD COUNTY, COLORADO LOCATION THE INITIAL BOUNDARY IS GENERALLY LOCATED NEAR CR 31 AND CR 10 AND IS APPROXIMATELY 102 ACRES THE INCLUSIVE BOUNDARY IS GENERALLY SITUATED WITHIN THE 70 RANCH, BOUNDED BY CR 6i TO THE WEST, CR 81 TO THE EAST, CR 58 5 TO THE NORTH AND HIGHWAY 34 TO THE SOUTH INCLUSIVE BOUNDARY IS APPROX 16,427 ACRES 9 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources MINERALS PROGRAM INSPECTION REPORT PHONE: (303) 866-3567 The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation noted below This report documents observations concerning compliance with the terms of the permit and applicable rules and regulations of the Mined Land Reclamation Board - MINE NAME Loloff Mine INSPECTION TYPE Surety -Related Inspection OPERATOR Loloff Construction, Inc MINE/PROSPECTING ID# M-1985-112 INSPECTOR(S) Peter S Hays OPERATOR REPRESENTATIVE MINERAL Sand and gravel INSP DATE June 6, 2019 TYPE OF OPERATION 112c - Construction Regular Operation COUNTY Weld INSP TIME 13 30 REASON FOR INSPECTION Surety Related BOND CALCULATION TYPE Partial Bond BOND AMOUNT S1,104,455 00 DATE OF COMPLAINT NA POST INSP CONTACTS None JOINT INSP AGENCY None WEATHER Clear INSPECTOR'S SIGNATURE, SIGNATURE DATE June 24, 2019 GENERAL INSPECTION TOPICS This list identifies the environmental and permit parameters inspected and gives a categorical evaluation of each No problems or possible violations were noted during the inspection The mine operation was found to be in full compliance with Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials and/or for Hard Rock, Metal and Designated Mining Operations Any person engaged in any mining operation shall notify the office of any failure or imminent failure, as soon as reasonably practicable after such person has knowledge of such condition or of any impoundment, embankment, or slope that poses a reasonable potential for danger to any persons or property or to the environment, or any environmental protection facility designed to contain or control chemicals or waste which are acid or toxic -forming, as identified in the permit (AR) RECORDS----------------- ---- Y (FN) FINANCIAL WARRANTY-------- Y (RD) ROADS-------------- N (HB) HYDROLOGIC BALANCE--------- Y (BG) BACKFILL & GRADING--------- Y (EX) EXPLOSIVES N (PW) PROCESSING WASTE/TAILING--- N (SF) PROCESSING FACILITIES------ N (MP) GENL MINE PLAN COMPLIANCE- Y (FW) FISH & WILDLIFE------------ N (SM) SIGNS AND MARKERS------ Y (SP) STORM WATER MGT PLAN---- N (ES) OVERBURDEN/DEV WASTE------ N (SC) EROSION/SEDIMENTATION--- Y (AT) ACID OR TOXIC MATERIALS----- N (OD) OFF -SITE DAMAGE------------ N (TS) TOPSOIL------------ N (RV) REVEGETATION-- N (RS) RECL PLAN/COMP- N (ST) STIPULATIONS--- N Y = Inspected / N = Not inspected / NA = Not apphcabli_ to this operation / PB = Problem cited / PV = Possible s ioiaiton cited Page 1 of 5 PERMIT # M-1985-112 INSPECTOR'S INITIALS PSH INSPECTION DATE June 6, 2019 OBSERVATIONS The Loloff Mine was inspected by Peter Hays with the Division of Reclamation, Mining and Safety (Division/DRMS) in response to a surety reduction request (SR -01) submitted by the Operator on May 6, 2019 The surety reduction request was considered filed by the Division on May 6, 2019 The Division is required by Rule 4 17 2 to inspect the site within 60 -days from the filed date to determine if the Permittee has complied with all applicable requirements of the Reclamation Plan The decision due date for approval of the surety reduction request is July 5, 2019 pursuant to Rule 4 17 2(5) Mr Jeff Anderson with Loloff Construction, Inc present during the inspection An inspection map created based on the observations made during this inspection is attached The Operator requested a financial warranty reduction request (SR -01) to reduce the financial warranty by $860,066 00 The required financial warranty would be reduced from $1,104,455 00 to $244,389 00 The reduction includes removing the collateral of the Greeley Irrigation Company water shares, the New Cache Irrigation Company water shares, the CD in the amount of $58,281 96 and reduce the letter of credit currently provided from $1,046,255 00 to $244,389 00 The financial warranty reduction request (SR -01) was approved by the Division on June 11, 2019 The Operator was notified of the approved surety reduction under separate cover The Operator will need to contact the Division of Water Resources to remove the water rights from the approved substitute water supply plan for the site The site is an 112c operation permitted for 5517 acres The site was actively excavating, processing material and hauling material off -site during the inspection The remaining area to be mined was the location of the processing plant which was located in the eastern portion of the site Two processing plants were observed on the pit floor The dewatenng trenches contained water from recent rainfall events The Operator estimated mining excavation would be completed in a few weeks The approved post -mining land use is developed water resource with the construction of a 43 acre reservoir The construction of the slurry wall and clay liner above the slurry wall in the northern portion of the site were completed in 2018 The Division of Water Resources approved the liner leak test on April 26, 2019 The southern portion of the site has been graded to the approved 3H 1V slope The area has not been topsoiled or seeded A few minor erosion features were observed on the southern slopes The Operator stated the erosion feature would be repaired prior to placement of topsoil The northern portion of the site will require the importation of fill material from the adjacent Derr Pit to complete the grading to the approved 3H 1V reclamation slope An entrance sign was posted and permit boundary markers were observed as required by Rule 3 1 12 Photographs taken during the inspection are attached Inspection Contact Address Kelly Hodges Loloff Construction, Inc 801 8th Street, Suite 130 Greeley, CO 80631 Enclosure — Inspection Map Ec Michael Cunningham, DRMS Page 2 of 5 STATE OF OREGON COUNTY OF_ ttl`-if AFFIDAVIT OF RICE{ PARSONS ) ss. The undersigned, Rick Parsons. is the pnnei (Pa nsWater' , which located at 1619 Hof ��on'wftzr ORs97501 LLC Parsons Water is a water resources aria water nghtsgMedford. eerrn c company ny specializing surface water and r � compari<v specialrting in ground water hydrolo �, water resources management and water rights eneneenng` The undersigned certifies the following 1 1 am the founder and manager of Parson5Water and am a licensed professional engineer in Colorado and hate practiced water resources management and engineering in Colorado and the intermountain west for approximately o " The Amended Else by Special Review (Miningon) `o years 660) application should not be approved unless JBrok Broken Arrow In est nents, ILLC (Broken Arrow) is n:qtsred to take sufficient actions to rtuntrtuzc the impact of mining on surface and ground water drainage and ground water resoun.es in the area surrounding the mine 3 Broken Arrow claims the majority of storm runoff on its proper comes from off - site on the north side of its proper;) (Drainage Plan and Report Derr Pit J&T Consulting Inc. October 2018) but has not outlined how those stormwvater inflows of up to 8t) cfs will not back up on and damage the property of land holders locateu to the north of the aline 4 Broken Arrow acknowledaes mining will mine site (DAMS Adequacy Review No.No.1,Exhibit E. J&T Consulting, lInc June surrouding e 8. 2018). but does not appear to have addressed those effects as part of its business operations 5 Broken Arrow tiroses water levels be monitored at on -site wells before, during and after the muting and reclamation is complete so that any name yes to a p Impacts to . C water tat e tier ors we 5 n-om mining operation can Cc tient-,fied and addressed 6 - Slurry walls are constructed around mining cells to reduce the impact of mining operations to round water resources surroun< g the came No slurry wall has been installed around the current Derr Pit mine area. 7 Broken Arrow claims it wants to 'operate responsibly" but numerous wells In the vicinit ' or the current Derr Pit mine ye gone try as a consequence o Its mining erations 8 Broken Arrow proposes to install a perimeter drain to mrttgace wound wafer impacts from mining should water levels vary 3 feet from historical levels The limited data available from Broken Arrow indicate variations n excess of 10 feet in and around the existing mine but no perimeter drain has been installed in that area. 1 i a Further Affiant saith not. S _FATE OF OREGON COUNTY OF J ja-0! oft/ Broken Arrow claims to have recorded ound water levels at the caListnn ermit area on a montbiv basis continuous) strict October 2006 but has not made all of that that data av ulabie 10 The and water monitunn Ixn sed b Broken Arrow does not satisfy the mining. requirements outlined by DRMS 11 DIL'V1S re wins five uarters (1.5 months of water level measurements to identify benctunarlk water levels that errs[ nor to the onset of mitun , these records ha%e not been reported to DRvfS 12 The around water monitoring plan proposed by the Applicant is not sufficient to protect neighboring landowners from detrimental impacts caused by nurung to the ground water drainage and ground water resources under the neighbor's properties 13 Gixen the facts outhnea above, it is difficult to understand how Weld Counts residents will be aole to be actively involved and adeouately prepared to identify and adaress impacts to the water table and damages to their wells without timely access to the data Applicant o oses to measure and record 14. Any USR permit for the Derr Pit should include a requirement that raonitonng oVc11 data collected as part of Broken Arrow's ground water monitonng plan be made available to the public, upon request, within one month of the measurement of the water levels 15 The specific language should be included in the rest ems can ascertain the c � permit so that Weld County anges to bent rk water levels within the permit areaQnor to it ri;iPpening or as they are hatipenino not after they have happened ape am damage is already done 6 Weld County should not approve the amendment to the USR Wining the deficiencies noted above are addressed Permit until I have personal knowledge of the facts set forth in this affidavit If called as a witness, I would testify to thesy,.facts under oath Rick Parsons ) ss. ) The foregoing instrument was acknowledgea before me this 1(, day of July, 2019 by Rick Parsons. Witness my hand and official seal My commission expires: 9-11j- 2 2-3 (SEA Li omsicw . STALL, TYLER E%%EMS -0TTRY PUBLIC OREGON COWAISsoH MO 9$6326 u COAWLeSIOu ErPIRtS APRIL t4 1123 .16 Notary Public Hoshiko Farms 1. April 1960 Well Registration #12332R 2. Map showing location 3. June 22, 2013 Objection to well permit. 4. July 1st, 2013 Applegate Group denial well over 600 feet from mine 5. Map provided by Applegate showing 600 foot limit 6. Note from State of Colorado that the 600 foot distance in law 7. April 16th 2017 Letter from Hoshiko well went dry in 2014 8. May 16th 2018 Inspection by DRMS 3.7 A_Sphere I) Weld County Colorado ,352.85 ,765.7 Feet 1: 22,234 s map is a .se' generated ease output from an Interrtet „rapping site and i5 In' !eference only Data layer; t'rat apoear on this -nao may cr may not be accurate. (wort. e= PtY+rs�te rel{ai;fe' THIS MAP IS NOT TO t(E USED FOR NAVIGATION Parcels Highway Road Road Highway County Boundary Notes Used for Depth 103 fit. rstd.v1 ver WA( rdoloy.V37/'40 Form F (Rev,tr9 7.ti 7/5M' v R istrant STATE OF COLORADO DIVISION OF WATER RESOURCES Pik 25;960 OFFICE OF THE STATE ENGINEER, GROUND WATER SECTIU�U WATER SE`:' REGISTRATION NO. OF WELL :AfA1 E$GgNE F. L. tc land Date April 13 19 60 P.O. Address Route 1 box 11 - Greeley Colo. WELL LOCATION County Weld ,Z WELL DATA 18 Diameter Casing . .a3 ft. Plain, 50 ft. Perfor. Static Water Level 35 " ft. from top Yield 11400 (gpm)(cs) from 60 ft. on/at IrriFat Jon Part !a, Nwi, Sec. !;, Two. ff N, Rge. 6$ W (legal description of land or site) Water conveyed by Ditch, size _ PUMP DATA Type Turbine Size Driven by Gas at,,,,-).ne Well was first used h at 000 April for Irri_c,ation using 11,00 RPM 19 IL cfs gpm Well enlarged 19 deepened (gpm)(cfs)(ft) LOG SHOULD BE GIVEN ON REVERSE SIDE IT AVAILABLE NE L NW Section It Twp. -fs N , Rge. 65 W, Obi N 6 PM VIM WON. 9 E WELL TO BE LOCATED AS ACCUR- ATELY AS POSSIBLE WITHIN A SMALL SQUARE WHICH REPRESENTS 40 ACRES; OR IF IN A TOWN OR SUBDIVISION FILL IN THE FOLLOW- ING: Town or Subdivision Street address or Lot and Block The above well (Ku) (has not) been registered in the Office of the State Engineer prior to May 1, 1957. If Registered give Filing No. If NOT. Registered prior to May 1, 1957, a $5,00 filing fee accompanies this form, The above statements are true and correct to the Subscribed and Sworn before me • >' this' day of My commission exp (SEAL) 119LP 11 r best of my knowledge and belief. P. L. RG'T:AND 191L. R Y: c" Notary Public Registrant d in Registration No, ill FOR STAT E G EER'S USE � County for IRRIGATIU.N_ f �l , on 2A960 , 19� 3,705.7 k i WGS_198-0 Web_Mercatcr Auxihary_Sphere O Weld County Colorado igat o n Koeh'I r Domestic and Stoc This maps a user cpennraled can i:xitput horn an Internet mapping site and is la reference only. Data layers that appear on this map may or may not be accurate, Current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Notes oshiko Farms cor i orate Post Office Box 119 Kerney, Colorado 80644 Phone (970) 330-8780 Fax (970) 330-1482 June 22, 2013 Ms. Sarah Brucker, P.E. Water Resources Engineer Office of the State Engineer Department of Natural Resources State of Colorado 1313 Sherman Street, Room 818 Denver, Colorado 80203 SENT BY CERTIFIED U.S. MAIL ARTICLE NO. 70112000000176627246 Re: LOLOFF CONSTRUCTION, INC. WATER WELL PERMIT APPLICATION RECEIPT NO. 3660134 Dear Ms. Brucker, RECEIVED JUN 2 5 2013 WATER STATE ENGINEE, Coto Hoshiko Farms, Inc. (HFI) is the owner of an irrigation well (Well Permit Nos. 12332-R & 44673) which is located within 600 feet of the subject water well permit application. After consultation with Mr. Douglas Seeley, P.E., HFI believes that the proposed expansion of the existing gravel pit contemplated under the subject water well permit will diminish the production of HFI's well. Therefore, HFI hereby objects to the issuance the subject water well permit and requests that a hearing be convened concerning this matter pursuant to 37-90-137(2), C.R.S. Sincerely, Dennis J. 'Hoshiko President Cc: Loloff Construction, Inc. Applegate Group, Inc. Water Resource Advisors for the West July 1, 2013 Ms. Sarah Brucker, P.E. Colorado Division of Water Resources 1313 Sherman Street, Room 821 Denver, CO 80203 RECEIVED JUL 0 3 2013 WATER RE.wuURGt STATE ENGINEER COLO RE: Hoshiko Farms Objection to Loloff Pit Well Permit Application (Receipt No. 3660134) Dear Ms. Brucker: On behalf of Loloff Construction, Inc, (Loloff), I am writing in response to Hoshiko Farms' June 22, 2013 letter to you objecting to the issuance of a well permit for the Loloff Pit (well permit application receipt no. 3660134). The letter states that Hoshiko Farms, Inc. (HFI) owns two well permits (12332-R and 44673) that allegedly are located within 600 feet of the Loloff Pit well permit application; HFI is concerned that the Loloff Pit well permit (if' granted) will diminish production from HFI's wells, and therefore HFI objects to issuance of the well permit for the Loloff Pit. I have the following comments: • According to location information obtained from the permit file for Well Permit No. 12332- R, this well is located more than 600 feet from the Loloff Pit property boundary (see attached map). Therefore, pursuant to C.R.S. §37-90-137(2), HFI has no standing to object to the Loloff Pit well permit application based on its proximity to this well. • The location information provided in the permit file for Well Permit No. 44673 is inconsistent and does not provide a definitive location for this well. Loloff requests that DWR personnel verify the location of this well and confirm that it is currently operable before HFI's objection is considered valid. Please contact me at (303)452-6611 if you have any questions pertaining to this response. Cordially, Applegate Group, Inc. a M. Damns, E.I. Water Resource Engineer JMD/ta Enclosures cc: Don Loloff, Loloff Construction, Inc. Dennis Hoshiko, Hoshiko Farms, Inc. AG File No. 07-154 N 1©' 154 LolofrtWell Per n t Dbjectors R¢sponse to Hoslii.o Objcctiun.doc 1490 W. 121st Avenue, Suite 100 Denver, Colorado 80234 (303) 452-6611 • Fax (303) 452-2759 118 W. 5th Street. Suite 100 www.applegategroup.com Glenwood Springs, CO 81601 Legend LuloltI'r1 F'ruporty Hui id:fry ..i1 h00 ft Hutto!' Applegate Group. tn. \\'ell F'rrm;t No. 123:i-ZR LC)LOIFF PI I• (M-851112 WELL PERMIT APPLIcATEON Overview Map From Brucker - DNR, Sarah ;.:ergstate co us .ub)e:.,t Re: Loloff and Derr Pit concerns sate. Feb 3, 2020 at 12:22:22 PM .To: Melvin Bickling moic. 077(r_Pouilook.com Cc: michael.hein@state.co.us 1. Section .37-90-137(2)(b) only requires consideration of wells located within 600 feet of the proposed well. While I cannot speak to what exactly was contemplated at the time that statute was adopted, certainly there would have been in existence both shallow wells and deep wells, with a variety of pumping rates from a few gallons per minute up to several thousands of gallons per minute. It is my understanding that the 600 foot distance was thought to be a fairly conservative distance for the extent of well -to -well impacts. As previously discussed, any party that believes the operation of a well caused injury to their well can request a hearing for revocation of a well permit, regardless of whether or not their well is within 600 feet of the other well. 2. Condition of approval no. 5. on well permit no. 77467-F states that "the annual amount of ground water to be appropriated shall not exceed 127.69 acre-feet..." An appropriation refers to water put to beneficial use. In dewatering operations for the Loloff Pit, the water pumped for dewatering purposes is discharged to the stream system without consumptive or beneficial use, and therefore is not counted against the annual appropriation limitation. The Division of Water Resources does not issue or enforce discharge permits, therefore I cannot speak to any limitations imposed by another agency under a discharge permit. Based on the submitted accounting, dewatering at the Loloff Pit began in April 2013 at an initial rate of 52,006,024 gallons per month. The amount pumped for dewatering purposes is metered and reported in the substitute water supply plan accounting on a monthly basis. The most recently submitted accounting for operations through November 2019 shows that 2,137, 583 gallons were pumped for dewatering in July of 2019, with no additional dewatering pumping reported through November of 2019. dewatering at the Derr Pit began towards the end of April in 2019, with 977,550 gallons pumped for dewatering during that month. Based on the submitted accounting, 57:023,750 gallons were pumped for dewatering in June of 2019. 3. The currently approved substitute water supply plan for the Derr Pit estimates a total of 600,000 tons of mined material will be removed during the ez(6 Hoshiko Land, LLC Post Office Box 119 Kersey, Colorado 80644 Phone: (970)330-8780 April 16, 2017 $2a0E'-69 Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED APR � 8 2018 Re: Protest of, and opposition to the approval of Regular (112) Construction Materials Operation Reclamation Permit To Whom It May Concern, This letter serves as written documentation of the protest of Hoshiko Land, LLC ("Hoshiko"), a Colorado Limited Liability Company, and its opposition to the approval of the application for a Regular (112) Construction Materials Operation Reclamation Permit filed by Broken Arrow Investments, LLC ("Broken Arrow") in conjunction with the proposed mine known as the Derr Pit, located at or near Section 4, Township 5 North, Range 65 West of the 6th Principle Meridian, Weld County, Colorado due to its close proximity to Hoshiko's irrigation well identified as Well Permit No. 12332-R in the records of the Colorado Division of Water Resources. Other recent mining operations conducted by Broken Arrow and its predecessors in the immediate vicinity have continuously exposed considerable amounts of groundwater which has dewatered the Hoshiko well beginning in 2014 and rendered it inoperable since then. Further mining proposed by Broken Arrow in this area will cause the Hoshiko well to continue to be dewatered and inoperable for an unacceptably longer period of time. Hence, Hoshiko protests and opposes the approval of the subject Broken Arrow application. Sincerely, HOSHIKO LAND, LLC Dennis J. Hoshiko Managing Member PERMIT El: M-2008-017 INSPECTOR'S INITIALS: ECS INSPECTION DATE: May 16, 01i RVATIONS This as a "pre -operational" inspection conducted by Eric Scott of DRMS as part of the review/approval process for the Derr Pit amendment AMO1. The amendment is part of a corrective action required by a MLRB order signed on January 19, 2018 to address a violation for mining without a permit (disturbing greater than 2 acres outside of permitted area). AMOI was submitted to ORMS on February 21, 2018 and, if approved, will increase the permit area of the Derr Pit from 39.1 acres to 145 acres (see attached map for proposed new permit boundary). During the public comment period for AMO1, DBMS received two objections to the amendment application. One objection was concerning fugitive dust emissions from the site (a non -jurisdictional issue for ARMS) and was withdrawn by the objector on May 15, 2018. The second objection was submitted due to concern for a nearby irrigation well located on the southwest corner of Balsam Ave and East C St (County Rd 62) as shown on the attached map and in Photo 4, This well was reportedly impacted and had to be taken out of operation `dice to dewatering o the Lolo Pit located approx. 650 feet directly south of the well. The well owner reported during this inspection that the well has returned to operating water levels since the _oloff Pit slurry wall was installed in 2017, but has not yet been,put back into service. The well owner/objector expressed concern that the proposed mining in the Derr Pit amendment area immediately east of the well location would also adversely impact the well. in order to address this concern, on May 15, 2018, the applicant committed to installing the slurry wall around the proposed Phases 5-7, located immediately east of the well, prior to exposing groundwater in those areas, Installation of the slurry wait prior to exposing groundwater in these phases should prevent dewatering within the cells from impacting the water levels in the surrounding area, and therefore protect the irrigation well from adverse impacts. To -date the objection related to the possible impacts to this well has not yet been withdrawn. The initial ORMS decision date for AM©1 was set at May 29, however, on May 15 the applicant requested the decision date be extended beyond the 90 day deadline to June 29. This extension will allow the applicant to fully resolve all remaining adequacy issues. The existing and proposed permit boundaries were marked with painted stakes (Photos 2, and 3), the notice of amendment applied for sign was present at the site entrance (Photo 1), and the features within the permit area appeared to be accurately shown by the submitted Exhibit C map. All structures within 200' of the proposed permit boundary (such as the objector well, structures on the west side of Balsam Ave, structures on the north side of County Road 62 and on the SW corner of County Rd 62 and County Rd 43, etc,,l will need to be depicted on the map for Exhibit C as required by Rule 6.4.3 (b) and correlated to Exhibit S damage waiver mailings in the amendment application. No other issues were noted during this inspection. lnspcgsian Conia.t Addr,ss Billy Hodge Broken Arrow Invcst:ncnis LI_C 699 N. First Avenue Greiatiy, CO 8G63I Paw! 2 of 3 Grading Permit Summary 1. Grading permit GRD10-00020 was issued 11/23/2010 and expires 11/23/2012. (See attached and map) 2. Certificate to Discharge stormwater Certificate # COR03H084 effective 11/16/2010 expires 6/30/2012. (See Attached) 3. Application for grading permit GRD18-0034, 6/2O/18. Record Status: Application Incomplete. (See Attached and Map). 1 ';2/5/2019 E -PERMIT CENTER Register for an Account Home Oil And Gas Planning gat irfiiM Public Works Health Enforcement Search Applications Record GRD1O-00020: Building Grading Record Status: Issued Record info w Work Location 590 N BALSAM AV Record Details Payments 'r Custom Component. Applicant: DARWIN DERR BROKEN ARROW INVESTMENTS LLS 699 N 1 AV GREELEY, CO. 80631 Home Phone:9705901063 tlhsc<@grnaiLcorn Owner: DUS DIRT EXCAVATING 599 Ii1AV GREELEY CO 80631. Project Description: GRADING PERMIT - 6C,()GGJ ;.Ui3?C YARDS OF DIRT FOI GRADING AND RE -SLOPING THE EAST SIDE OF PROPE ADJACENT -_O PROPERTY LINE : OR WRAP RUNDOW CHANNEL - DUST & DIRT EXC:AVAT ING I.LC - USR-1661 More Details Related Contacts General Contractor information Tenant information DUT a DIRT °' II4ATING !LC 699 N 1 AV GREELEY, C:O 80)631 Home Phone:'5705901U63 DEER .iRA`iEL. PI r https://accela-aca.co.weld.co.us/citizenaccess/Default.aspx 1/2 DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION DIVISION 918 10TH STREET, GREELEY, CO 80631 (970) 353-6100 X3540 BUILDING PERMIT EXPIRATION Building Permit No. (7);e0/€9 d5e5e, Is being issued on 1/.23 -fd In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: //• 73 •/0 If the building or work authorized by this Building Permit has not received final inspection by the permit expiration date, all work shall stop until a new permit is issued. A letter will be mailed to the property owner prior to the expiration date. Sincerely, Kenneth Swanson Building Official Signed �C/�,CU) Date: Relationship to Property Owner: Date: /l-,23 cc, Building Permit File STAIE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION TELEPHONE: (303) 692-3500 CERTIFICATION TO DISCHARGE UNDER COPS GENERAL PERMIT COR-0300000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES Certification Number: COR03H084 This Certification to Discharge specifically authorizes: Broken Arrow Investments LLC to discharge stormwater from the facility identified as E Side Property -Grading to: - Cache La Poudre River Construction Activities : re -grading of slope on east side property adjacent to property line, Facility Located at: 590 N Balsam Ave, Greeley Weld County, CO 80631 Latitude 40.430, Longitude -104.668 Certification is effective: 11/16/2010 Certification Expires: 6/30/2012 This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. Signed, Nathan Moore Construction/MS4/Pretreatment. Unit Manager Water Quality Control Division Page 1 of 22 GRADING PERMIT APPLICATION DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION DIVISION 1555 N 17TH AVENUE, GREELEY, CO 80631 (970) 353-6100 X3540 PROPERTY OWNER NAME MAILING ADDRESS 6 94 A/. ADDRESS JOB SITE ADDRESS 5 Q 0 A/ LEGAL DESCRIPTION coe SECTION PARCEL NUMBER PHONE -S9© -/o43 a joG3/ STATE ZIP TOWNSHIP 5 N RANGE GS W (CAN OBTAIN FROM ASSESSOR'S OFFICE (970) 353-3845 X3650 OR WWW.CO.WELD.CO.US) APPLICANT NAME GENERAL CONTRACTOR CUBIC YARDS AILING ADDRESS, CITY, STATE, ZIP 6 g 9 ti. AILING ADDRESS, CITY, STATE, ZIP LAND USE CASE # GRADING FEE $ INCLUDE A BRIEF DESCRIPTION OF THE WORK BEING DONE Ci ryas +cjr a.4.02 rz-dopy„) P.44.4 I HEREBY CERTIFY THE ABOVE AND ANY ATTACHED INFORMATION IS CORRECT AND ACCURATE TO THE BEST OF MY KNOWLEDGE: N URE OF APPLICANT APPLICANT EMAIL ADDRESS +1 6 Sc e . ; �,co", OFFICE USE ONLY DATE RECEIVED La • jz O y O PAYOR PLANS SENT TO PUBLIC WORKS INITIALS DATE INITIALS 1_. PERMIT NUMBER CASH/CHECK/CREDIT CARD # USR 1660 DUST AND DIRT EXCAVATING, LLC DERR G VEL PIT MAIM f — * d PHASE a 5 O AP mow"' .u` is T. C 3$ WI*, TO .. $1 I y+., .to< r.'e PART OF NE 1/4 SECTION 4, T5N, R65W OF THE 6TH P.M. WELD COUNTY, COLORADO PHASE 2 555AC ;la 0 0 0 0 nza O30W ...�. November 23, 2010 Permit #: GRD10-00020 Applied Date: Job Address: 590 N BALSAM AV Job Description: 10/21/2010 Parcel Number: Zone District: Occupancy Class: Valuation: Owner Name: Owner Address: RPARTMENT OF PLANNING SERVICES Building Inspection Division 1555 North 17th Avenue Greeley, CO 80631 Website: www.co.weld.co.us Phone: (970) 353-6100 Ext. 3540 Fax: (970) 304-6498 Status: Issued Status Date: 11/23/2010 Expiration Date: 2/21/2011 File Location: North GRADING PERMIT - 60,000 CUBIC YARDS OF DIRT FOR GRADING AND RE -SLOPING THE EAST SIDE OF PROPERTY ADJACENT TO PROPERTY LINE FOR RIPRAP RUNDOWN CHANNEL - DUST & DIRT EXCAVATING LLC - USR-1660 - 096104000060-80097987 Agricultural DUST & DIRT EXCAVATING LLC 699 N 1 AV GREELEY, CO 80631 Contacts: Business BROKEN ARROW INVESTMENTS LLS DUST & DIRT EXCAVATING LLC DERR GRAVEL PIT Tvpe/Relationshig Address Applicant 699 N 1 AV GREELEY. CC 80631 General Contractor 699 N 1 AV GREELEY CO 80631 Tenant Setbacks: North South East West NA NA NA NA Phone 970-590-1063 970-590-1063 Fee Summary: I Fee # Fee Description 41766 Grading Permit Fee (Enter CU YD) Payment Summary: Receipt # Payment Method 58992 Check Account# Fee 1000-25100-4222-200 $655.00 $655.00 Payment Ref # 1309 Payment Date 11/23/2010 Payment Amount $655,00 $655.00 Report ID: BLDG00007v005 Print Date -Time: 11/2312010 2:54:29PM Page 1 of 2 12/5/2019 Accela Citizen Access etd Logged in as: Mel 8ickling Collections i4) • Account Management Logout Oil And Gas Planning Building Public Works Health Enforcement Dashboard My Records My Account Advanced Search Record GRD18-0034: PW Grading Record Status: Application Incomplete Record Info Record Details Custom Component Add to collection Applicant: Kelly Hodge Broken Arrow Investments, LLC 801 Bth Street Greeley, CO, 80631 Home Phone:9705665090 kahodge1 comcast.net Owner: Global Asset Recovery, LLC 6530 Constitution Drive Fort Wayne IN 45804 United States so -More Details J Application Information GENERAL Is this property No Curentfy in Violation: Disturbed Acres: Parcel Information Parcel Number: 096104000067-R0063795 104000067-R©063795 Parcel Area: 97 37 Improved Value: 132'734 Project Description: Mill Iron Mining Excavation of topsoil/overburden above groundwater, approximately 10 ft deep, and hauling to Lolott pit for slope backfill Legal Description: PT NE4 4.5-65 LOT B REC EXEMPT RE -1538 ;3 60R) Land Value: 9171 hltps:Naccela-aca.co.weld.co.us`citizenaccesslDefault.aspx Weld County Department of Public Works H Street Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304 6497 Applicant Name Kelly Hodge GRADING PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Global Asset Recovery, LLC Company Broken Arrow Investments, LLC Address 6530 Constitution Drive Address 801 8th Street, Suite 130 City Greeley City Fort Wayne State IN Zip 46804 State CO Zip 80631 Phone 970-566-5090 Business Phone 970-566-5090 E-mail kahodge1@comcast.net E-mail kahodge1@comcast.net Signature Project Location Job Site Address 960 E C Street, Greeley, 80631 Parcel Number 096104000067 Section/Township/Range S4/T5N/R65W Access Location: Site Accesses onto CR 41. 1980 ft (East, West, North. out of CR 62 Project Information Is this a Use by Right or Planning and Zoning Case? o Use by Right °Planning and Zoning Case Planning Land Use Case # (if applicable) Is this in a Floodplain (verify with Planning Department)? (Yes/No) No If yes enter your permit number (FHDP) # Description of Work Being Done Excavation of topsoil/overburden above groundwater, approximately 10 ft deep, and hauling to Loloff pit for slope backfill. Construction Start Date July 15, 2018 d/` Asa/' Finish Date December 31, 2018 Acreage Disturbed by Project: 14.0 Acres Required Submittal Documents ❑ Grading Permit Application Form o Plans: Scanned electronic (pdf) or hard copy of 11"x17" set (wet ink stamped and signed by Colorado PE) • Grading Plan — contours labeled with elevations show any ponds or ditches Erosion & Sediment Control Plan — showing placement of all BMP's to be installed Typical BMP Installation Details & Notes — for all BMP's to be installed a Proposed Seed Mix o Construction Stormwater permit from Coiorado Department of Public Health & Environment (CDPHE) o Fee (To Weld County): 1-5 Acres/ $50 5.1 - 20 Acres/$100 20.1 Acres or Greater/$200 + $1 per acre over 20 Pursuant to Weld County Code Section 8-12-60, the Weld County Department of Public Works reserves the right to deny issuance of a Grading Permit to Applicant if the Applicant has not received final approval of any required land use application and/or prior to the satisfaction by Applicant of the terms and conditions of any approved land use application. By submitting this Grading Permit application, the undersigned Applicant, under penalty of perjury, verifies that: (1) they have received all pages of the Grading Permit application; (2) they have read and understand all of the permit requirements and provisions; (3) they have the authority to sign for and bind the Applicant if the Applicant is a corporation or other entity; (41 by virtue of their signature, the Applicant is, upon issuance of a Grading Permit by Weld County, bound by and agrees to comply with all Grading Permit requirements and conditions and all applicable Federal, State, and Weld County statutes, rules, and repujatssn Applicant Signature Revised 1/23/2 Printed Name _ Date rwane w..c..,a �nw�...Manmrnawry rn.nurre-.+nso-w�mro,iw.+amoo 6nr2u n asuru 1,n5 Y N9 Mahan M....wants .a. '. __.... abe.�,.... e.«.«. n.w +r V I Jar coosuInoe, mom. EXHIBIT i B 13 usK)9•pBMitt) Rocky Francis Summary 1. See the attached map of ;he well locations. 2. November 2015 letter to the DRMS. Three wells have gone dry and no action by the Operator. 3. January 2016 inspection by the DRMS. Loloff Construction must implement the approved mitigation plan for the site and work with the owner to investigate and rehabilitate the wells within 60 days of the mailing date of this inspection report. Corrective Action Due Date: 3/20/16 (see attached.) 4. December 2017 inspection by the DRMS. Loloff Construction must implement the approved mitigation plan for the site and work with the owner to investigate and rehabilitate the wells within 60 days of the mailing date of this inspection report. Corrective Action Due Date: 1/22/18 (see attached.) 5. September 11, 2019 BOCC meeting. JC York stated that the operator inherited the problems with the Taylor and Francis wells and that it was not their responsiblity to correct the proplems. The BOCC directed the operator to complete the repairs to the Taylor and Francis wells because the are directly responsible for the damages. 6. April 13, 2020 AgPro report ground water elevations. From September 2019 till March 2020 during the Derr Pit dewatering the ground water has gone down 2.91, 3.19 and 3.65.(see attached letter from AgPro) 7. November 14, 2019 letter from BAI. P113137 Loloff Pit Technical RevisionlDrawingslPlan Sheots1JTSite oxhibitdwg Site With Wells 8124/2013 1 55 46 PM DEWATERING DISCHARGE POINT MONROE EXISTING WETLAND POND €2 LARRY knoE 4L3 ROBERT (Fro OKY1 FRANCIS LEGEND© O WELL LOCATION pp��yep cL73 - SETE 6V V A PARK Ra . .r IO ' ® WPM © MEM DEWATERING POINT SCALE IN FEET J&T Co sufltffig, 1 c 305 Denver Avenue - Suite D Fort Lupton, CO 80621 303-857-6222 Loloff Construction, Inc. Loloff Pit Site Map Date 8 26 13 Job No 13137 Drawn WSS Scale 1" = 500' Sheet 1 Of 1 451-6-0,, COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY MINERALS PROGRAM INSPECTION REPORT PHONE: (303) 866-3567 1876 The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation noted below. This report documents observations cornet ning compliance with the terms of the permit and applicable rules and regulations of the Mined Land Reclamation Board. MINE NAME. Loloff Mine MINE/PROSPECTING ID#• M-1985-1 12 MINERAL Sand and gravel COUNTY. Weld INSPECTION TYPE. Monitoring INSPECTOR(S) Peter S Hays INSP DATF. January 13 2016 1NSP TIME 10 00 OPERATOR Loloff Construction, Inc OPERATOR REPRESENTATIVE Kelly Hodge J C York TYPE OF OPERATION I I2c - Construction Regular Operation REASON FOR INSPECTION Grtiuen Complaint BOND CALCULATION TYPE None BOND AMOUNT $689,552 00 DATE OF COMPLAINT NA POST IN ,P : `)NTAC A S. Nom JOINT INSP AGENCY' None 'WEATHER Clear I`a' r ' J {' -CNA TURF efrJanuary SIGNATURE DATE 20, 2016 File following inspection topics were identified as having Problems of Possible Violations OPERATORS SHOULD READ THE FOLLOWING PAGES CAREFULLY iN ORDER TO ASSURE COMPLIANCE WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a Possible Violation is indicated, you will be notified under sepai ate coves as to ss hen the Mined Land Reclamation Board will consider possible enfoi cement action INSPECTION TOPIC: Hydrologic Balance PROBLEM/POSSIBLE VIOLATION Problem The dewatering activity at the Loloff Mine 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 well(s) within 60 days of the mailing date of this inspection report This is a problem related to Rule 3 1 6 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. 3/20/16 INSPECTION TOPIC. Sediment Control PROBLEM/POSSIBLE VIOLATION. Problem The dewatering of the site into the ditch through Mr Francis' property has caused the culvert under the land bridge on Mr Francis' property to become silted in This is a problem related to Rule 3 1 5 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)(i) of the Colorado Land Reclamation Act for the Extraction of Construction Materials Page I of 10 PERMIT it M -1986-I12 INSPECTOR S INITIALS PSH INSPECTION DATE Tamar} 13 2016 Operator since the April 2015 measurement, so recent groundwater elevations are not available for the well The change in water elevation from 5 feet to 20 feet, 9inches below grade is greater than the required 2 feet elevation change required to implement the approved mitigation plan Loloff Mine The Division met with Mr Kelly Hodge with Northern Colorado Gravel & Sand, LLC and 1 C York with J&T Consulting, Inc to discuss the citizen complaint at the Loloff Mine site Mr Hodge had met with Mr Francis the day before to discuss his complaints The mine site was actively mining and dewatering during the inspection Dewatering pumps with 8" diameter discharge pipes were observed in the southwest corner of the mine site The water was discharged into the channel which continues through the Francis property The ditch runs southeast from the site, crosses under Balsam Ave and East 8th St and into the Ogilvy Ditch The discharge activity is permitted under NPDES permit # COG500375 Conclusions Channel and culvert As cited as a problem requiring corrective action by the Operator on Page 1, the dewatering of the site into the ditch through Mr Francis' property has caused the culvert under the land bridge on Mr Francis' property to become silted in The Operator stated they would coordinate with Mr Francis to clean out the silt in the channel and replace or repair the culvert pipe as needed The Operator stated Mr Francis prefers to have the work done when the soil is not frozen The Operator may be required to repair the land bridge as part of the culvert replacement or repair project The Operator stated material and equipment were available at the mine site to complete the work and would coordinate with Mr Francis to complete the work The Operator must update the Division on the status of the repairs within 60 days of the mailing date of this inspection report Wells The Francis wells are located approximately 400 feet (Wells #3 and #2) and 450 feet (Well #2) from the south permit boundary All three wells are located within the estimated cone of depression / radius of influence calculations, with recharge, of 566 feet The radius of influence calculation, dated July 3, 2013, was submitted with TR-01 The Division believes the dewatenng of the Loloff Mine has impacted the groundwater wells on the Francis property based on the radius of influence model, the change in water elevation from the static levels reported in the DWR well permits compared to the limited groundwater monitoring data collected by the Operator and the observation for this report As cited as a problem requiring corrective action by the Operator on Page 1, Loloff Construction, Inc must implement the approved mitigation plan for the site and work with Mr Francis to investigate and rehabilitate the well(s) on this property within 60 days of the mailing date of this inspection report Failure to comply with the corrective action may result in the problem escalating to possible violation and an enforcement hearing being scheduled in front of the Mined Land Reclamation Board The Operator stated they believe the impacts to the Francis wells are temporary and groundwater elevations will return to pre -mining levels once the proposed slurry wall at the mine site is installed The Slurry Wall Assessment report, dated July 13, 2015, by McGrane Water Engineering, LLC submitted as part of AM -01 indicates the Francis wells will not be impacted by shadowing or mounding effects from the slurry wall Page 4 of 10 PERMIT it. M-1985-112 INSPECTOR'S INITIALS PSH INSPECTION DATE January 13 2016 installation The Operator will be required to monitor the groundwater levels in the Francis wells to verify if the installation of the slurry wall restores the Francis well to historic groundwater elevations The slurry wall installation is scheduled for completion in August/September 2016 Survey stakes for the drill holes to verify bedrock depth for the slurry wall design were observed during the inspection The drilling activities were scheduled to occur the following week The Operator agreed to provide short-term replacement irrigation water to mitigate the impact to the irrigation well on Mr Francis's property, Well #2, while the slurry wall is installed at the mine site and the effects of the slurry wall on the surrounding groundwater levels in the Francis wells are evaluated The supply of temporary water is an appropriate mitigation response by the Operator Overall, based on the observation from this report, the lack of groundwater monitoring data from the Operator and radius of influence calculation, dated July 3, 2013, provide by the Operator, the Division believes the Loloff Mine has caused disturbances to the prevailing hydrologic balance of the surrounding area and to the quantity of water in the groundwater system Photographs taken during the inspection and the inspection map created with the GPS data collected during the inspection are attached Page 5 of 10 COLORADO Division of Reclamation, Mining and Safety L'.≥par -'. en of i.a ,ral MINERALS PROGRAM INSPECTION REPORT PHONE: (303) 866-3567 The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance with the terms of the permit and applicable rules and regulations of the Mined Land Reclamation Board. MINE NAME Loloff Mine MINE/PROSPECTING ID# M-1985-112 MINERAL Sand and gravel COUNTY Weld INSPECTION TYPE Monitoring INSPECTOR(S) Peter S Hays INSP DATE. December 1, 2017 INSP TIME I 1 00 OPERATOR. Loloff Construction, Inc OPERATOR REPRESENTATIVE- Kelly Hodges TYPE OF OPERATION 112c - Construction Regular Operation REASON FOR INSPECTION Citizen Complaint DATE OF COMPLAINT NA WEATHER Clear BOND CALCULATION TYPE None POST INSP CONTACTS. None BOND AMOUNT $1,104,455 00 JOINT INSP AGENCY None INSPECTOR'S SIGNATURE SIGNATURE DATE December 22, 2017 The following Inspection topics were identified as having Problems of Possible Violations. OPERAI ORS SHOULD READ THE FOLLOWING P 1GES CAREFLLLI IN ORDER TO ASSURE COMPLIANCE Wf"I H THE 1 ERMS OF THE PERIIIT 1,ND APPLICABLE RULES AND REGULA PIONS It a Possible Violation is indicated, von V$ ill be notified under separate cover as to NY hen the Mined L and Reclamation Boarch%ill consider possible enforcement action 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 Page 1 of 10 PERMIT# M-1985-112 INSPECTOR'S INITIALS PSH INSPECTION DATE December 1, 2017 Loloff Mine The Division met with Mr Kelly Hodge with Loloff Construction, Inc to discuss the citizen complaint at the Loloff Mine site Mr Hodge stated he has not spoken with Mr Francis since June 6, 2017 The mine site was actively mining and dewatering during the inspection A dewatering pump and a discharge pipe were observed at approximately the middle of the western boundary of the mine site The water was discharged into the ditch along the western boundary of the site, which continues through the Francis property The discharge activity is permitted under NPDES permit # COG500375 Monitoring wells #1 and #12 on the Derr Pit were observed and measured during the inspection The measurements were consistent to the depth to groundwater data provided by the Operator at the start of the inspection The depth to water in the wells has increased by 13 feet and 9 feet respectively from the June 2017 measurement to the November 2017 measurement The installation of the slurry wall at the Loloff Mine appears to be reducing the effects of the groundwater impacts on the Derr Pit monitoring wells As cited as a problem above, an erosion feature was observed along the west bank of the ditch located along the western boundary of the site The Operator stated the erosion feature was created by a flood event through the adjacent Harrell property The Operator's statement was supported by weeds and debris deposited along the fence east of the ditch in the area of the erosion feature which appeared to be deposited by a stormwater event The erosion feature is very close to the western permit boundary The Operator must repair the damaged area before the area erodes beyond the permit boundary Failure to repair the erosion feature may result in a possible violation of C R S 34-32 5-116(4)(i) for' failure to protect areas outside of the affected land from slides or damage during the mining and reclamation if the erosion feature progresses into the Harrell property The Operator stabilized the east bank the ditch with rock to prevent the flood event from breaching the ditch and entering the pit Conclusions Waterway Mr Francis stated during the inspection of his properties his preference is to clean out and restore the waterway with an independent contractor He does not want the work completed by Loloff Construction, Inc As stated above, the Division concluded the mine dewatering into the ditch is not the source of sediment in the Francis waterway therefore not action is required by the Operator Wells The Francis wells are located approximately 400 feet (Wells #3 and #2), 450 feet (Well #1) and 200 feet (Well #4) from the south permit boundary All four wells are located within the estimated cone of depression / radius of influence calculations, with recharge, of 566 feet The radius of influence calculation, dated July 3, 2013, was submitted with TR-01 The Division believes the dewatering of the Loloff Mine has impacted the groundwater wells on the Francis properties based on the radius of influence model, the change in water elevation from the static levels reported in the DWR well permits compared to the limited groundwater monitoring data collected by the Operator and the observations for this report As cited as a problem requiring corrective action by the Operator on Page 1, Loloff Construction, Inc must implement the approved mitigation plan for the site and work with Mr Francis to investigate and rehabilitate the permitted wells on this property within 30 days of the mailing date of this inspection report Failure to Page 5 of 10 PERMIT# M-1985-112 INSPECTOR'S INITIALS PSH INSPECTION DATE December 1, 2017 comply with the corrective action may result in the problem escalating to possible violation and an enforcement hearing being scheduled in front of the Mined Land Reclamation Board The Slurry Wall Assessment report, dated July 13, 2015, by McGrane Water Engineering, LLC submitted as part of AM -01 indicates the Francis wells will not be impacted by shadowing or mounding effects from the slurry wall The Operator is required to monitor the groundwater levels in the Francis wells to verify the installation of the slurry wall restores the Francis wells to historic groundwater elevations Overall, based on the observation from this report, the lack of groundwater monitoring data from the Operator and radius of influence calculation, dated July 3, 2013, provide by the Operator, the Division believes the Loloff Mine has caused disturbances to the prevailing hydrologic balance of the surrounding area and to the quantity of water in the groundwater system Mr Francis stated during the inspection of his properties his preference is to hire a well company himself to investigate the irrigation well, Well #2, Permit # 30562-F He does not want the work completed by Loloff Construction, Inc Photographs taken during the inspection and the inspection map created with the GPS data collected during the inspection are attached Inspection Contact Address Mr Kelly Hodges Loloff Construction, Inc 801 8th Street, Suite 130 Greeley, CO 80631 Ec Wally Erickson, DRMS Rocky Francis, landowner Page 6 of 10 6/7/2018 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 Rocky Francis <rockyfrancis35@gmail corn> Wed, May 30, 2018 at 10 08 AM To "Hays - DNR, Peter" <peter hays@state co us> Dear Mr Hayes Here I am again, this is inane, the mining operation continues at Mill Iron pit, and I'm am without water for another year, Mr Hodge don't give a shit, it isn't his problem he thinks, but this is breaking the law Mr Hayes, also while we are on this problem, you said for me to contact you with regard to water needs, I could really use some help here, on both places 351 east 8th street, and at 701 Balsam, crops are dying as well as trees I Have monitored my wells monthly, and they haven't improved, in fact they have gone the other way QUALITY well and pump has been notified as to my problems twice now, I am on their list, but until they can get around to it, here I sit with no irrigation water, and no domestic water as well I'm going to approach the county commissioners, about this matter, you said if I needed help I should get a hold of your office, and you could help QUALITY well and pump needs a letter from you concerning well replacement, could this notification be forth coming? Also of concern, there is an application for another gravel pit, ID# M-2008-017, how can Mr Hodge open another pit while he hasn't made good in his word about my WATER WELLS, in the old location? Also my property at 701 Balsam is within the 600 foot range to this new location, across the street from his new location, he'll no Mr Hayes, he should make good on his requirements before he moves on, don't you agree? Let's have some dialogue about this new permit before we move on to that mr Hodge should produce substantial funds to replace damages on both properties Furthermore, he should have dressed everybody in the neighborhoods problems with no water before he even considers opening up this new pit, please let me know in regards to this email as I would like to have some basis to go on from here Again mr Hayes I appreciate you hearing about this and I look forward to hearing from you in the near future Respectfully Rocky Francis 351 East 8th Street 701 Balsam Avenue Greeley Colorado80631 [Quoted text hidden] https //mail google com/mailicatu10/?ui=28ak=8e52a072bb&jsver=-dxVNc9Y02g en &cbl=gmaii_te_180516 06_p8&view=pt&msg=163blcee20ed8811&search=mbox8 ! AGPROfessjonals qtr DEVELOPERS OF AGRICULTURE April 13, 2020 Certified Return Mail Receipt # 9414 8118 9956 2920 1850 95 Mr Rocky Francis PO Box 843 Greeley, CO 80632 Dear Mr. Francis AGPROfessionals' staff have been monitoring groundwater elevations on behalf of Mill Iron at your property. We perform this monitoring on the second Thursday of each month. Attached are the elevations we recorded for September of 2019 through April of 2020. MILL IRON U P5ITE PRIVATE WELLS W.,. het URtt... A . eataa ae .p..w1.A-e I :mew Me as mynas I 4.10.!, .ti li/1.2'1. 1104.11 Y. WWII t.....11 r.lL1L'b Sit' N.. . 4.4.1.4... Aadl4adh[7 Depth toWats,'44 thaw to 6om'Otoao d W.4r Sodia. R 400 Rape. to Weser o.ith to Water &art Go oid Stars* 5.WWI.adrn0 Reath to Wit., Depth's Wit., A.Id Rattan] from att.., O.pth lo Sala. Wow. l.m r 00th to Wit.. heearo.m ad Sonar. r ir.nr,. .1 mc. 11,0 i 1 Al 1V ra,l, e2 :r 1131 9 7.a IS IS 13 12 17A } .1 C* 12 re 1 ..-...Ls if 5... 11.A.,' 33.(M) i.1 lied as 114 i 2 S I We MILL IRON OFFSITE PRIVATE WELLS Nits in. ma t., I. S y A to WS alpA`M &11M 111..4 uwa 11 a.a Oft, ,rta N, , deeldt., - - FatJR..dq 6 Depth 1. Water Depth to Wit., t.w•.Orarnef *Attu*, .. toad P.,de.s Deed, to WN., Depth to Water haw D.oa.:4 Surface t»d Wad", 0.y,h io Wit.. Depth to Weser h... o.a...4 Swlaee I* Fed Pec n( O.a.h to Water .a.ro Depth to wits. boss Ona .ed 5..6o, 9 4*.xa el4.x1 ate •464 '54. 15.19 a.5 15 Id C 3: 11 7' IC rre111 .1 b `4.46 12 55 4.2 1a 2t II 79 11 5• '- 34 32 Si 11 Ran.. •S D..., 1515 14.14 .563 IS ES S 49 IS t9 15 10 1413 Please do not hesitate to contact me regarding these ctivities Sincerely, Matt Koch, EIT AGPROfessionals, Environmental Engineer 970-571-4146 ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67's Avenue, Suite 200 0 Greeley, CO 80634 970 535.9318 / office O 970 535.9854 / fax 0 www agoros corn Luo41-6'-'-`t5 Le 144.c). -4.s 0 November 14 2019 Mr Rocky Francis 701 Balsam Avenue Greeley, CO 80631 Via U.S. Mail wir Return Receic' RE Broken Arrow investments, Inc. — Derr Pit — Weld County 2MJUSR19-08-1660 Amendment Meeting Request_to Discuss Gmund Water Modeling and Other Issues Dear Mr Francis Broken Arrow Investments, LLC is requesting a continuance of the upcoming November 20, 1019 Board of County Commissioners (BOCC) Heanng to March 25, 2020 to allow additional ime to resolve issues raised by you and other mine neighbors prior to meeting with the BOCC Broken Arrow Investments, LLC would like to meet with you to explain and discuss the results of the modeling for the proposed Derr Pit Amendment We would also like to discuss the other issues listed below with you to come to resolution on mitigation of the issues Issues that were identified in your objection letters at the Planning Commission and Board of County Commissioners Hearing included the following. a Noise a Dust Control • Groundwater • Traffic To review where thinos currently stand, Broken Arrow Investments, LLC has completed well inspections on the Francis tmgation and stock wells. The Francis irrigation welt testing indicated this well has an 85% plugged well screen so flow is constricted Inspection of the Francis stocr well revealed that the column pioe was rusted and broken from the puma discharge so the motor could not be removed In our recent conversations you have indicated that you would prefer to re-dnll the existing domestic well rather than rehab the existing stock well_ You also indicated that you would like to re -drill the domestic well deeper if possible, but that you would cover the cost of drilling bevonc the depth of the existing stock welt ro facilitate cost -sharing, we have requested an updated cost breakdown from Quality Well and Pump for drilling to bedrock which, is likely 40 to 50 feet, and then for going deeper to a depth of 175 feet_ We are awaiting their response. We have also requested pricing for your other property where the existing domestic well is not accessible as it is in the basement of the house The price breakdown for this well re -drilling will be presented the same way Broken Arrow Investments, LLC 801 8th Street, Suite 130 Greeley, Colorado 80631 RE Broken Arrow Investments, Inc — Den-Prt— Weld County 2MJUSR19-08-1660 11/14/19 -2- We have been monitoring wells from the neighbors that allowed access to their wells This was done to acquire more data to support our groundwater modeling efforts. These levels have remained relatively constant during the monitonng thus far We have attached the well monitonng information to allow you to review it prior to our meeting We will follow up with you shortly to schedule a convenient time to meet Sincerely, Kelly Hod /Phone 970) 566-5090 Broken Arrow Investments, LLC Anacnments Neighbor Wells — Monitoring and Water Levels Broken Arrow Investments. LLC 801 8th Street, Suite 130 Greeley. Colorado 80631 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 19, 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair, Michael Wailes, at 12 30 pm Roll Call Present Bruce Johnson, Elijah Hatch, Gene Stile, Lonnie Ford, Michael Wailes, Richard Bedc, Skip Holland, Tom Cope Also Present Michael Hall, Angela Snyder, Maxwell Nader, and Tom Parko, Department of Planning Services, Lauren Light, Department of Health, Evan Pinkham and Mike McRoberts, Public Works, Bob Choate, County Attorney, and Kris Ranslem, Secretary CASE NUMBER USR19-0058 APPLICANT ORRLANDO LLC, C/O BUCKLEN SERVICES COMPANY PLANNER ANGELA SNYDER REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR OPEN MINING (SAND, GRAVEL, AND STONE) IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION PART W2SW4 SECTION 29, T6N, R66W OF THE 6TH P M , WELD COUNTY, COLORADO LOCATION NORTH OF AND ADJACENT TO CR 64, EAST OF AND ADJACENT TO CR 27 Angela Snyder, Planning Services, presented Case USR19-0058, reading the recommendation and comments into the record She stated that the proposed aggregate mining is anticipated to disturb approximately 25 acres of the 62 -acre property Unmined areas will be used for stockpiles, internal access, waterways and offsets from existing structures Ms Snyder noted that a letter from the Whitney Irrigation Company and a surrounding property with interests in that company were received regarding the applicants proposal to realign the ditch and added that both parties indicated that conversations between the applicants and the Whitney Irrigation Company was occurring and requested that an agreement be in place as a condition of approval for this USR The Greeley Irrigation Company maintains an interest in the open ditch as well and indicated intentions to connect with the applicant but did not specify any concerns in their response Additionally, the Storms Lake Drainage District returned a response yesterday, therefore, it was not included in the staff report Ms Snyder added that they applicant has proposed either crossing over the open ditch or over a buried line of the ditch to get between the mine and the stockpiling area and there is some concern with the buried line being fragile so they would like to have an agreement in place with the applicant as well Ms Snyder noted that three responses were received from surrounding property owners One neighbor was associated with the Whitney Irrigation Company, and one phone call and one email were received from a representative from the Bracewell HOA which indicated a desire for adequate berming of the site and appropriate nuisance abatement as well as consideration that the danger of the hazardous curve on 83rd Avenue not be increased as a result of this project The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site Mr McRoberts requested to remove Condition of Approval 1 E as this item has been completed Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan Jared Damns 1490 West 116th Avenue, Westminster, Colorado, stated that he is representing Bucklen Services Company as the applicant He stated that this property was initially permitted under an existing 1 USR obtained by Aggregate Industries to mine this property, however, the site was inactive for a long amount of time The applicant requested that the landowner release the USR to begin a new permit for mining of aggregate Mr Damns said that it is a heavy agricultural area and noted the two ditches going through the site He said that Bucklen is not proposing to realign Storms Lake Drainage in any way but will have 200 -foot setbacks from it and will not impact that drainage He noted that the Whitney Siphon will need to be realigned as it is the underground pipeline that goes through the site and as they are mining they will disrupt that He added that the applicants are currently working on an agreement with the Whitney Irrigation Company Commissioner Holland asked how large the siphon is Mr Damns replied that it is an 18 -inch pipeline Mr Holland asked what kind of material the pipeline is Mr Damns said that the discussions with the Whitney Irrigation Company are still ongoing, but he believes it will be a reinforced concrete pipeline and will be rerouted Commissioner Johnson asked if augmentation will be required Mr Damns said that as long as they discharge the water without use there is no requirement for augmentation If they do make use of it, for instance dust control purposes around the site, then they will need a substitute water supply plan to replace those depletions Commissioner Stile asked how long the mining will occur and what the use of the sealed pond will be Mr Damns said that he believes Bucklen is anticipating this would be a 10 -year mining operation and after mining is completed there will be a sealed gravel pit reservoir He added that the ultimate intent is to operate this as part of a water supply system with deliveries from New Cache or Whitney system delivered to the reservoir with releases to the Poudre River The Chair asked if there was anyone in the audience who wished to speak for or against this application Randall Feuerstein, 4050 West CR 2, Berthoud, Colorado and Larry Feuerstein, 13621 CR 64 Randall Feuerstein stated that he and his brother, Larry Feuerstein, own property downstream that is supplied irrigation water through this siphon pipeline He said that they have met with Bucklen and have requested a written agreement to mitigate their concerns He added that they have requested to install manholes where the corners will be to clean out the relocated pipeline He said that they are working toward an agreement but feels an approval would be premature at this time until there is an agreement on how the relocated line will provide the same amount of water that they have received historically Randall Feuerstein noted that it is not only the Whitney Irrigation Company but the landowners that are affected because this particular siphon is to be maintained and operated by the downstream landowners and not the Whitney Irrigation Company Commissioner Holland asked if the siphon cross the county road Randall Feuerstein replied that it does go under County Road 64 Mr Holland asked Staff if they are aware that the siphon goes under the county road Mr McRoberts said that he has not reviewed that Commissioner Beck asked if there is an engineered drawing of the proposed pipeline realignment The Feuersteins stated that they are not aware of or have seen any drawings_ Commissioner Stille asked the Feuersteins if they would be satisfied with the USR if a condition of approval was added Randall Feuersteins replied yes and added that hopefully it will work as it is designed Mr Still asked Staff where this condition of approval is in the resolution Mr Snyder referred to Condition of Approval 1 B which reads "The applicants shall address the requirements of the Whitney Irrigation Company, as stated in the referral response dated October 14, 2019 Written evidence of such shall be submitted to the Weld County Department of Planning Services" Randy Feuerstein said that the Whitney Irrigation individual shareholders are responsible for the maintenance and operation of the siphon line so they would like to have the agreement not only cover the Whitney Irrigation Company but also the shareholders downstream 2 Bob Choate, County Attorney, said that laterals are ran by users and will work with Ms Snyder to come up with language to address that Chrys Hinze, Counsel for the Storms Lake Drainage District, 355 Eastman Park Drive, stated the applicant did contact them last year as they were originally proposing to cross the open ditch She added that they -do have a drainage easement through the open ditch and is shared with the Greeley Irrigation Company Ms Hinze said that there are still some concerns that Storms Lake Drainage District has based on the amendment that they found out about recently Ms Hinze said that Storms Lake Drainage District has a drainage tile north and west of this property and the underground clay tile line was installed in 1910 and is pretty fragile and runs under 831d Avenue It is still underground at the proposed crossing on the north point of the property She said that they are concerned with the proposed expansion of the road that there could be some problems with the tile line Therefore, the applicant needs to engage with the Storms Lake Drainage District on a crossing agreement that will address their concerns Additionally, Storms Lake Drainage District operates and maintains the ditch across this parcel and also wants to ensure that there won't be any interference with the ditch road Commissioner Wailes referred to the open ditch and asked if it is a drainage ditch Ms Hinze replied yes and added that it is a seep ditch that collects decreed water rights in favor of Greeley Irrigation Company Commissioner Cope asked how large that tile line is Ms Hinze stated that it is a 24 -inch tile line Ms Hinze requested that the applicant enter into an agreement with the Storms Lake Drainage District Star Waring, attorney for Greeley Irrigation Company, 2060 Broadway, Boulder, Colorado, said that the applicants have coordinated with the Greeley Irrigation Company and they were generally satisfied with their proposal However, with this new development with the proposed crossing over the drain tile potentially affects the amount of water flowing into the supply ditch would be of concern Therefore, they would want to participate in whatever agreement is reached between the Storms Lake Drainage District and the applicant so they can be satisfied that there will not be an impact Commissioner Holland asked the attorneys if they feel it is possible to reach an agreement with the applicant The attorneys agreed that it Is possible Kevin Schumacher, 12710 Shiloh Road, stated that he is the President of Bracewell HOA and is representing the 10 property owners of that subdivision He added that they are concerned with the noise and visual concerns The noise is proposed under the industrial noise standard which is 80 decibels compared to the residential/commercial noise standard of 55 decibels His home is directly across the road from the proposed site and they are asking to take noise control into consideration The surrounding mining operations in the area have berms to help with noise and visual obstruction Mr Schumacher said that they would like to see a landscaping buffer required and create some kind of landscape berming Mr Schumacher said that the Bracewell turn going eastbound there has been frequent accidents and fatalities and they fear that if there is continued activity on that corner creating additional distractions it will cause further accidents, so a large berm would hopefully defer that as well Mr Damns said that they have met with the users of the siphon to discuss the proposed realignment and engineering for that has not been prepared yet as the realignment in question is still up in the air Mr Dams said that they contacted Storms Lake Drainage District and the Greeley Irrigation Company to discuss the use the Storms Lake ditch They were seeking a crossing agreement to install a new crossing over the ditch as well as the ability to discharge the dewatenng water into the ditch which would then flow down to the Poudre River He added that there were some additional meetings and agreements were drafts, but ultimately the operator and landowner were not able to come into agreement and they are still attempting to work out an arrangement to use the ditch as a drainage If they can't come into an agreement the water will be hauled to the Bucklen pit and discharge it to their existing facility There is an existing landowner crossing over the drain tile and rather than construct a new crossing Bucklen is proposing to use that existing crossing There is some question of the strength of it, but Mr Damns said he is informed by Bucklen that the ditch company does drive an excavator across that to clear out the ditch prior to the 3 irrigation season He added that Bucklen is willing to reinforce that crossing as needed, but it does currently serve the purpose to allow heavy traffic to cross the ditch Commission Cope asked what the depth of groundwater is at that location Mr Damns replied that it is roughly five (5) feet Mr Cope asked what the final depth of the pit will be Mr Damns said that it will be 20 to 30 feet deep Mr Cope asked if he would know approximately how much water would be trucked Mr Damns said it would be a sizeable amount which is why Storms Lake Drainage District is their first priority Mr Cope said that he is concerned with the trucking of the water if an agreement can't be made The Chair asked the applicant if he had met with the Bracewell homeowners Mr Damns said that this concern was recently raised so they have not met with Bracewell, however, Bucklen is planning to install screening berms around the site The initial mining will be on the surface and the noise will be the greatest and as they get into the pit it will become less He added that they are in compliance with the industrial noise regulations The Chair asked if a noise study was completed Mr Damns said that they evaluated the typical decibel level with the equipment they plan to use and the location on the site relative to where the nearest home is and found that at that distance they are within the mndustnal noise regulations Commissioner Cope referred to the siphon and said that he is concerned that this is a bigger challenge that what they think He asked the applicant if they are confident that they can run that siphon with the same equivalent flows that are presently there Mr Damns said that they are confident that they can get an engineering design that will tap into where it is existing and continue to carry the same amount of flow that it has historically Commissioner Cope asked what precautions will be taken to protect the existing clay pipe with the trucks going over it Mr Damns said that Bucklen is willing to reinforce the crossing throat base Initially Bucklen proposed to install a new reinforced concrete crossing over the Storms Lake Drainage Ditch that would have handled the increased truck traffic but ultimately they didn't come into agreement Mr Cope recommended staying away from clay pipe The Chair asked Staff for their changes to the resolution Commissioner Beck said in his opinion the applicant is not far enough along to give them substantial answers on things or indications that everything is happening according to plan and that everything is going to get done He is reluctant to approve this without having more of these issues settled and appearing to have the applicant to have a grasp of what is happening and when The Chair said that Mr Beck could make a motion to continue this case if that is his desire Mr Beck said that he doesn't want to make that motion but just wanted to express his thoughts on this project Ms Snyder recommended amending Condition of Approval 1 B "The applicants shall address the requirements of the Whitney Irrigation Company shareholders who are the users of the downstream siphon lateral, as stated in the referral response dated October 14, 2019 Written evidence of such shall be submitted to the Weld County Department of Planning Services" Motion Amend Condition of Approval 1 B, as stated by Staff, Moved by Tom Cope, Seconded by Bruce Johnson Motion carried unanimously Ms Snyder recommended adding a new Condition of Approval 1 C to read "The applicants shall address the requirements of the Storms Lake Drainage District, as stated in the referral response dated November 18, 2019 Written evidence of such shall be submitted to the Weld County Department of Planning Services" Ms Snyder recommended adding a new Condition of Approval 1 D to read "The applicants shall address the requirements of the Greeley Irrigation Company Written evidence of such shall be submitted to the Weld County Department of Planning Services" Motion Add Conditions of Approval 1 C and 1 D, as stated by Staff, Moved by Gene Stile, Seconded by Bruce Johnson Commissioner Cope asked if it should be tied down more and asked if it should read that an approved agreement between the two parties should be approved or executed Mr Choate said that the applicant 4 has presented an alternative to the use of the drainage ditch which would be trucking offsite He added that you can add that there needs to be an agreement if you don't agree with the trucking offsite Mr Cope said that he is concerned with the volume of water to be trucked offsite and the wear and tear of the roads It would have an impact to truck all of the water from this site to their existing discharge point Mr Choate said that if you require an agreement, then you need to amend the motion Commissioner Johnson said that he is concerned that if we require that they have to come to an agreement with Storms Lake Drainage District and they find an alternative of discharging that water, then we have restricted their ability to find an alternative He is strongly against the impact of trucking the water offsite Mr Cope agreed and said that we can add a note that specifically states that any trucking of the water needs to be approved through the County Commissioners Commissioner Hatch asked if we remove the trucking option is that taking away some of their negotiating power Commissioner Stille said that we should leave the motion as it stands The Chair called for the vote Motion carried unanimously The Chair referred to Staffs request to remove Condition of Approval 1 E Mr McRoberts added that the applicant has submitted a drainage narrative with a qualifying exception, and it has been reviewed and approved Motion Delete Condition of Approval 1 E, as recommended by Staff, Moved by Bruce Johnson, Seconded by Elijah Hatch Motion carried unanimously Mr McRoberts said that in the application there was 34 truck round trips per day and 10 passenger vehicles and there was no mention of trucking water offsite Therefore, if there was going to be a requirement for a substantial number of additional trucks, he would need to know so if he needs to upgrade the Road Maintenance Agreement to an Improvements Agreement with triggers or something of that nature Ms Snyder said that if this gets approved and the applicant wants to do some additional trucking, then they would have to do an amendment for the increase in trucking Commissioner Johnson asked for discussion on the noise concern The Chair said that there is a noise study in the application and it is listed under the industrial noise limit He asked if the Planning Commissioners want to change it Ms Light said the noise limit for industrial is 80 decibels during day and 75 decibels during nighttime The consensus of the Planning Commission was not to change the noise limit The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR19-0058 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Gene Stille, Seconded by Elijah Hatch Vote Motion carried by unanimous roll call vote (summary Yes = 8) Yes Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope Commissioner Stille commented that he is very familiar with this location and in his opinion the highest and best use of this property is mining He added that 83rd Avenue and O Street need to be fixed for the traffic Commissioner Cope said that Staff needs to be very well aware that once everything gets resolved and gets approved that everything gets followed very closely as there are some items up in the air He said that as long as permit and agreements are foDowed correctly, this is a very viable project and won't impact the area very much Commissioner Beck agreed with Mr Cope and said that the applicant needs to be aware that they will have to make a lot more contact and more head way with the problems they are facing to get this done satisfactorily 5 Commissioner Holland had reservations that there is a lot of work that should be done and it places a huge burden on Staff to make sure that it is done Meeting adjourned at 3 26 pm Respectfully submitted, 45\iebna„aeew Kristine Ranslem Secretary 6 Technical Review 1. February 2, 2012 DRMS requires a Technical Revision for slurry wall and to change from a wet mine to a dry mine. 2. August 27, 2013 Letter from JC York working out the details of the TR. 2a. "13." Please note the Division will require Loloff Construction to mitigate all impacts to permitted wells affected by the dewatering activities, not just the wells within 600 feet of the mining limit. 2b. "14." The revision does not identify monitoring locations along the north, south and most of the west boundaries of the site. Please commit to installing piezometers along these boundaries. 2c. "16." The operator states should levels in the existing wells change by 2 to 4 feet the Loloff Construction, Inc. will mitigate by recharging at locations along the pit to incease levels of the ground water so that the impact from dewatering is minimized. Please provide 2-4 feet trigger. Typically, a trigger point of 2 feet chage from historical groundwater levels is acceptable. The Operator must explain any mitigation measures 2d. "14.", "16.", "17.", "18." and "19." Monitoring SPO wells and have signed agreements. 3. Map of monitoring SPO wells. 4. Operator did not measure and ground water for the surrounding property owners from 2013 - 2019. DRMS notified us during a meeting February 22, 2020. STATE OF COLORADO Mined Land Reclamation DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1 313 Sherman St., Room 215 Denver, Colorado 80203 Phone. (303) 866-3567 FAX: (303) 832-8106 February 2, 2012 Mr. Don Loloff Loloff Construction, Inc. P.O. Box 518 Kersey, CO 80644 Re: Loloff Construction, Inc., Loloff Mine, Permit No. M-1985-112 Exposed Groundwater Compliance Process Dear Mr. Loloff: COLORADO DIVISION OF RECLAMATION MINING —&— SAFETY John Hickenlooper Governor M:kc King Executive Director Loretta Pineda Director On April 30, 2010, the Division of Reclamation, Mining and Safety (Division) sent a letter to the mine site indicated above discussing the Division's requirement for the protection of water resources at mining sites with exposed groundwater. The letter required all sand and gravel mining Operators/Permittee to comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The letter required Operators/Permittee to provide information to the Division demonstrating they could replace long-term injurious stream depletions that result from mining related exposure of groundwater. The letter indentified four (4) approaches to satisfy this requirement. This information was due by April 30, 2011. The Permittee failed to comply with the requirements of the letter by the due date. Mr. Loloff contacted the Division in December 2011 to acknowledge the error and agreed to work with the Division to resolve the issue. Since Mr. Loloff contacted the Division and acknowledged the error, the Division will not issue a possible violation for failure to comply with the letter and the requirements of CRS 34-32.5-116(4)(h), Rule 3.1.6(1)(a) and 6.4.5(2)(c) at this time. To avoid a future possible violation, the Permittee must continue to work with the Division and account for the long-term groundwater exposure at the site. The following procedure must be followed by the Permittee to avoid a future possible violation: 1. Submit a technical revision within 60 days (April 2, 2012) from the date of this letter to provide an alternate reclamation plan for installation of a slurry wall (Option 3 in the March 30, 2010 letter). The technical revision must be filed in accordance with Rule 1.9 and included the required $216.0O fee. As discussed during the January 20, 2012 inspection and subsequent conversations, the Division and Permittee agree the most feasible and cost effective alternate reclamation plan at the site is a slurry wall. The technical revision must state the Permittee is providing an alternate reclamation Office of Office of Junction • Durango Active and Inactive Mines Denver • Grand S��r�l��G+� juj plan to address the exposed groundwater at the site. The technical revision must include all available information and documents pertaining to the installation of the slurry wall as required by the Division's policy memo dated September 2000 titled "Guide to Specification Preparation for Slurry Walls and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit". A copy of the memo was provided to Mr. Loloff during the January inspection and is available on the Division's website at http://mining.state.co.us/Policies.htm. If the Permittee decides later to proceed with the slurry wall installation, they must submit an amendment to the existing permit in accordance with Rule 1.10 prior to initiating the construction of the slurry wall. The required slurry wall technical revision is only intended to address the financial warranty required to cover the cost of installing a slurry wall. 2. File a financial warranty to cover the cost of installing a slurry wall that meets the Division of Water Resources requirements for preventing groundwater exposure. The financial warranty must be submitted within 3 years of the technical revision approval date. The Division's letter stated increased financial warranties may be posted in a phased manner not to exceed three (3) years. The Division proposes two financial warranty submittal schedules: a one-third per year option (the Division's preferred schedule) or an escalating option where the Permittee submits twenty percent (20%) of the financial warranty amount by the end of the first year, fifty percent (50%) by the end of the second year and the full warranty (100%) by the end of the third year. The intent of the escalating option is to allow the Permittee the ability to obtain the water rights required to file for a final augmentation plan with the Water Court. Based on the financial warranty estimate calculated by the Division on January 30, 2012 (see attachment) and an estimated technical revision approval date of May 2, 2012 (30 days after TR submittal due date of April 2, 2012) the financial warranty amount and due dates would be as follows: Option 1 Due Date $476,421.00 (33%) May 2, 2013 $952,842.00 (66%) May 2, 2014 $1,443,700.00 (100%) May 2, 2015 Option 2 Due Dates $288,740.00 (20%) May 2, 2013 $721,850.00 (50%) May 2, 2014 $1,443,700.00 (100%) May 2, 2015 The Permittee should review the attached financial warranty estimate and contact the Division with questions. The Division will recalculate the required financial warranty after reviewing the geotechnical information provided by the Permittee. Please specify in the technical revision submittal which financial warranty schedule the Permittee prefers. The options for the type of financial warranty to be submitted are available in Rule 4.3. The appropriate warranty forms are available from the Division once a type is selected by the Permittee. Please contact Barbara Coria at (303) 866-3567 Ext. 8148 with any financial warranty questions. if you have any questions regarding this letter, please contact me at (303} 866-3567 Ext. 8124 or Peter.Hays@state.co.us. Sincerely Peter S. Hays Environmental Protection Specialist Enclosures: Financial Warranty Estimate Cc: Tom Kaldenbach, DRMS Barbara Coria, DRMS Tony Waldron, DRMS Jonathan Hernandez, SEO August 27, 2013 Mr. Peter Hays Environmental Protection Specialist State of Colorado Division of Reclamation, Mining, & Safety 1313 Sherman Street — Room 215 Denver, CO 80203 RE: Loloff Construction. Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-1 12. Responses to Adequacy Review Comments Dear Mr. Hays, J&T Consulting, Inc. and Loloff Construction. Inc. have reviewed the adequacy review comments. We met with yoL, on August 8. 2013 to discuss the comments to ensure that the responses we are providing in this letter along with revised exhibits would address the comments adequately. Thank you for taking the time to meet with us and discuss the comments as it was very helpful in clarifying the concerns the Division of Reclamation, Mining, and Safety had with the Technical Revision No. 1 Request. The following are our responses to each of the numbered comments you provided in your July 23. 2013. July 30. 2013, and August 5. 2013 review letters. 1. The technical revision was submitted by J&T Consulting, Inc. on behalf of Loloff Construction, Inc. Please provide a signed authorization letter for J&T Consulting, Inc. to perform work and submit material for the Loloff Mine on behalf of Loloff Construction, Inc. Response: The authorization fetter from Loloff Construction, Inc. is attached. Rule 6.4.4 Exhibit D -- Mining Plan 2. The approved mining plan for the site states the pit will be excavated to a 3H:1V slope from the existing grade to ten (10) feet below the waterline, and at a 2H:1V slope from that point down. The proposed mining states the entire pit slope will be mined at a 3H:1V slope. Please explain how the existing 2H:1V slopes will be backfilled or otherwise established and stabilized at a 3H:1V slope. Response: The pit slopes will he mined at a 3H:1V at all locations for the proposed mining Where the pit has been mined on the northwest corner. the west side. and the southwest corner the slopes will be backfilled with overburden or gravel to get to a 3H:1V slope, however we are getting survey of these slopes conducted the first week of September aria we can assess whether or not the existing slopes arc at a 3H:1V slope. 305 Denver Avenue — SLJ le u • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax 303-857-6224 Loloff Construction. lnc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8/27/13 -2- 3. Please verify no new manmade structures or easements, including utility easements along Balsam Avenue, have not been constructed within 200 feet of the boundary of the affected lands since the Loloff Mine permit was issued by the Division. Please update Exhibit C — Pre -mining and Mining Plan Map accordingly and submit proof of notice to the new structure or easement owners. Response: Survey of the surrounding structures and utilities will occur the first week of September. We will provide an updated Exhibit C once we have determined the locations from the survey. 4. The revised Mine Plan states since reclamation will occur concurrently with mining, it is not anticipated that bedrock material will be stockpiled long-term prior to use if it is used in the reclamation slopes. The revised mining plan states the pit slopes will be mined to the final 3H:1 V slope. Please explain why bedrock material will be used to reclaim the pit slopes and provide an estimate of the anticipated amount of bedrock material needed to complete the slope reclamation. Response: The Mine Plan has been revised to state the following: Mining of the aggregate will progress down to the underlying bedrock. Reclamation will occur concurrently with mining since the mining slope is at a 3H:1 V slope. An estimate of bedrock is not needed since the mining slope will be at a 3H:1V slope and currently there are no plans to use the bedrock material. 5. The revision submittal included calculations to estimate the effects of the dewatering of the pit to address the complaint from Mr. and Mrs. Larry Monroe. Please indicate the impacted Monroe groundwater well on the graphical representation of the estimated cone of depression/radius of influence resulting from the dewatering activities. Response: The location of the impacted well has been included in the revised figure. 6. Please commit to providing the Division a copy of the approved well permit for the state. Response: The approved well permit from the State Engineer's Office (SEO) is attached. Mr. Loloff participated in a phone conference call with the SEO and a potential objector to the well permit on August 14. 2013 and during that call the objector withdrew their protest so we received the approved well permit on August 19, 2013. v! 305 Denver Avenue — Su to D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction. lnc. — Loioff Pit — Technical Revision No. 1 Request (TR-01). File No. M-1985-112. Responses to Adequacy Review Comments 8/27/13 -3- Rule 6.4.7 Exhibit G — Water Information 7. Rule 6.4.7(2) states if the operation is expected to directly affect surface or groundwater systems, you shall: (a) Locate on the map (in Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed mining operations; (b) Identify all known aquifers; and (c) Submit a brief statement or plan showing how water from dewatering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater (and, where applicable, control pollution in a manner that is consistent with water quality discharge permits), both during and after operation. Response: Please refer to the revised Exhibit G and Exhibit G-1, Exhibit G-1 was used to show the well locations rather than showing them on Exhibit C. 8. Please provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining, and reclamation phases of the project. Response: The annual volume requirements have been provided in the Substitute Water Supply Plan that is attached. 9. Please indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. Response: The projected amounts from each of the sources of water to supply the project have been provided in the Substitute Water Supply Plan that is attached. 10. The revision states as part of the mitigation plan for recharge Loloff Construction, Inc. is pumping into the Monroe Wetland Pond to recharge the aquifer to mitigate effects of the dewatering of the pit. Please provide a signed agreement between the Operator and the Monroe's allowing the Operator to discharge water into the Monroe pond to recharge the aquifer. Response: The agreement is attached. vl 3(15 Denver Avenue Suite 0 • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction, inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8127/13 -4- 11. During the Division's inspection on June 3, 2013, the Operator was discharging water into the ditch located southwest of the site. Please state if water is still being discharged into this structure or if all dewatering discharge is pumped into the Monroe pond. If the ditch in the southwest corner is being used, please provide consent to discharge water into this structure. If water is discharged into a ditch that is unlined, it may be prone to erosion if the discharge rates exceed the carrying capacity of the ditch. The Operator must submit documentation to the Division for review as to the proposed maximum discharge rate into the ditch and specifications as to how much water the ditch can carry without experiencing erosion. Response: Water is being discharged into the ditch in the southwest corner of the site. At this location the water backs up in the ditch and into a pipe that flows into the Monroe pond. The pipe that flows to the Monroe pond acts as an equalization between the ditch and the Monroe pond (i.e. when the water level in the Monroe pond goes down the water from the ditch fills the pond, and when the water level in the Monroe pond increases to an elevation at the invert of the pipe or higher the water level equalizes and the flow continues downstream in the ditch). This ditch is not owned by any entity and is a drainage ditch that has historically carried irrigation runoff from the farm field that is north of the site as well as local drainage from the properties to the west and south of the site. The ditch carries flows south to 8"' Street into the borrow ditch and ultimately to the Cache La Poudre River. The ditch is being surveyed the first week of September so that we can provide calculations on the capacity of the ditch. The Operator has placed cobble around the location of the discharge into the ditch to armor this location such that erosion will be mitigated and the ditch will bo protected. 12. The revision states Loloff Construction proposes to install a recharge ditch along the west side of the pit to mitigate impacts if there are impacts from the dewatering to the other wells adjacent to the pit that are within 600 feet of the mining limit. Please provide the design criteria for installing the recharge ditch, provide the dimensions and describe how the ditch would be constructed and reclaimed. Response: The recharge ditch dimensions and design criteria are attached and included on Exhibit C. 13. Please note the Division will require Loloff Construction to mitigate all impacts to permitted wells affected by the dewatering activities, not just the wells within 600 feet of the mining limit. Response: Loloff Construction. Inc. understands that if wells outside 600 feet of the mining limit are proven to he affected by the mining operation dewatering that Loloff Construction, Inc. would be required to mitigate the impacts. 305 Denver Avenue - Su:te D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction, Inc. — Loloff Pit — Technical Revision No, 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8/27/13 -5- 14. The revision does not identify monitoring locations along the north, south, and most of the west boundaries of the site. Please commit to installing piezometers along these boundaries. Response: Loloff Construction, Inc. has received permission from several well owners and monitor well owners that are adjacent to the north, west, south, and east boundaries of the pit. We would like to use these locations to monitor rather than drilling additional piezometers at this time. Agreements are attached for each well owner and their consent to allow Loloff Construction, Inc. to monitor the groundwater levels in their wells. 15. Please state if all registered alluvial wells within 600 feet were identified based on SEO records and if field inspections conducted to identify ALL wells within 600 feet. Please identify all wells within 600 feet of the pit on Exhibit C — Pre - Mining Plan map. Response: All wells within 600 feet have been identified and field inspections were conducted by Mr. Don Loloff. The well locations are attached in the Exhibit G and Exhibit G-1 map. 16. The Operator states should levels in the existing wells change by 2-4 feet then Loloff Construction, Inc. will mitigate by recharging at locations along the pit to increase the levels of the groundwater so that the impact from dewatering is minimized. Please provide justification for the proposed 2-4 feet trigger. Typically, a trigger point of 2 feet change from historic ground water levels is acceptable. The Operator must explain any mitigation measures to be implemented and trigger points that would put mitigation measures into effect if the recharging method of mitigation is not effective. Response: The Operator is fine with changing the trigger point from 2-4 feet to 2 feet. Other mitigation measures that may be necessary if the recharging method is not effective would be (1) working with the well owners that are affected to re -set their existing pumps to a lower level in order to mitigate any flow impacts to the existing well(s); (2) if the method in (1) is not effective then drilling a new well or deepening the existing well or providing water service from the City of Greeley or North Weld Water. 17. The revision states Mr. Don Loloff is pursuing agreements with the existing well owners within 600 feet of the mining limit of the pit. Please provide the Division with signed copies of the agreements when available or provide evidence the appropriate notice was provided to the well owners. Response: The agreements that have been obtained are attached. The other agreements are being negotiated and certified mail was sent to Kohloff and Taylor. 300 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction, Inc. - Loloff Pit - Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8%27/13 -6- 18. The revision states Mr. Loloff is pursuing agreements to use the existing wells from Mr. Harrell, Mr. and Mrs. Monroe, and Mr. Francis to take groundwater level measurements to monitor the depth of the groundwater adjacent to the pit. Please provide the Division with signed copies of the agreements. Response: The agreements that have been obtained are attached. The other agreements are being negotiated and certified mail was sent to Kohtoff and Taylor, 19. The revision states Loloff Construction will note the groundwater depths in the Derr Pit monitoring wells, Mr. Harrell's well, Mr. and Mrs. Monroe's well and Mr. Francis's well to monitor these levels throughout the course of the mining. Please commit to providing the Division with a copy of the monthly groundwater levels as a part of the annual report for the site. Response: Loloff Construction, Inc. will provide the monthly readings as part of the annual report for the site. 20. Please provide a copy of the agreement between Loloff Construction, Inc. and Broken Arrow Investments, LLC, operator of the Derr Pit, allowing Loloff to monitor groundwater depths in the Derr Pit monitoring wells. Response: The agreement is attached. 21. Division staff is reviewing the hydrologic impact model prepared for the Loloff Mine. An additional adequacy review letter may follow pertaining to the hydrologic impact model submitted with the revision. Response: Responses to those comments are on included on Page 9 and 10 of this response letter. Rule 6.4.12 Exhibit L - Reclamation Costs 22. The proposed mining and reclamation plans for the site includes dewatering of the pit, the bond calculation for this site must include costs related to dewatering of the pit to account for the costs incurred by the State of Colorado if water had to be removed from the pit in order to establish the proper reclaimed slopes along the pit wall. Please include an estimate for the dewatering activities in the financial warranty estimate. Response: The estimate for dewatering activities for the entire pit is approximately 1,400 acre- feet once it is mined down to bedrock at the 3H: 1V slopes for reclamation. Currently the mine is at approximately 40% of this volume based on the previous exposed water surface area. Therefore the estimated dewatering volume for the current r 305 Denver Avenue - Sdte D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction. Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8/27/13 -7- mining is approximately 560 acre -ft. It would also be possible to breakdown the costs of dewatering into phases which we would like to discuss with you after the surveying is complete. 23. The Division will estimate the cost to reclaim the site based on the information submitted once the Applicant addresses the concerns noted in this letter. Response: No response. 24. The Loloff Mine is not in compliance with the Division's letter dated April 30, 2010 regarding the long-term groundwater augmentation requirement for the site. On September 6, 2012, the Division, the Loloff's and their representatives met to discuss the situation and determine possible alternatives to achieve compliance for the Loloff Mine. The Operator has not complied with the requirements of the Division's letter to date and has not proposed alternatives to achieve compliance. The Operator must comply with the Office of the State Engineer's requirement for out -of -priority groundwater depletions as part of this technical revision. The applicant must choose one of the following bonding options to be included in the financial warranty calculation to address the long-term groundwater augmentation requirement for the site: a. Backfill the pit to two feet above the groundwater level b. Install a slurry wall or clay liner c. Provide the Division with documentation from the SEO, which demonstrates the Operator owns a sufficient amount of shares of water to cover the evaporative losses from the exposed groundwater and the said shares have been committed to the SEO should the financial warranty be forfeited and the permit revoked. Response: A response under separate cover from Loloff Construction, Inc.'s legal council will be provided to the Division. Rule 6.4.19 Exhibit S — Permanent Man-made Structures Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the applicant may either: (a) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or V! 305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction, Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01). File No. M-1985-112, Responses to Adequacy Review Comments 8/27/13 -8- (b) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or (c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. 25. Please provide the Division evidence the Operator attempted to obtain notarized structure agreements, typically a certified mail receipt, with all owners of structures on and within 200 feet of the affected area at the Loloff Mine prior to performing the submitted engineering evaluation. Response: Agreements have been sent to structure and utility owners. Certified mail receipts are attached Rule 6.5 — Geotechnical Stability Exhibit 26. Division staff is reviewing the stability analysis prepared for the Loloff Mine. An additional adequacy review letter may follow pertaining to the geotechnical stability section of the revision. Response: Responses to those comments are on included on Page 10 and 11 of this response letter. 27. The Overview section of the Slope Stability Report dated July 2013 states the proposed future use for this property is water storage reservoir. The approved post -mine land use for the Loloff Mine is Wildlife Habitat, not Developed Water Resource. If the Operator intends to change the post -mine land use they must submit an amendment application. Response: The post -mine and use is not changing and will remain as Wildlife Habitat. The report language has been changed to reflect this. Hydrology 1. The methodology uses "equilibrium well equations" from Driscoll. The application is for a pit with a 600 -foot radius. Please provide additional justification for the use of well equations for a very large (pit) opening. Response: The drawdown calculations have been revised based on the references the DRMS has provided in the adequacy review to estimate the impact to the groundwater 4 MI di 305 Denver Avenue — Suite D - Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction. lnc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112. Responses to Adequacy Review Comments 8/27/13 -9- elevations from the dewatering of the pit. Please see the attached revised calculations. 2. The selected hydraulic conductivity appears to fall into a reasonable range for gravel pit material (clean sand K can range between 100 and 60,000 galldaylsq- ft). However, the method used is extremely sensitive to this parameter. A quick check using your methodology indicates increasing K to just 1,500 (still well within the range for clean sand) increases the radius of influence by more than 1,000 ft. Please provide justification for the selected hydraulic conductivity or use a value that can be justified. Response: The hydraulic conductivity (K;) has been determined using the current dewatered state of the mine (Case 1). Dewatering is currently being done at a rate of 1.200 gpm. 12 hours per day, for an average dewatering rate of 600 gpm per day (0). The water level in the pit (h) is currently at a steady state of 12 feet below the historic groundwater level. Using a natural recharge rate (W) of 5% of the average annual precipitation for the Greeley, CO area. the hydraulic conductivity was found to be 255 mid when h was set to 12 ft and Q was set to 600 gpm. This K,h value has been used in all calculations. Please see the attached revised calculations 3. The Division does not follow the logic in case 2 for reducing the hydraulic conductivity 33% to account for the recharge being 33% of the pumping rate. Please elaborate on this assumption. Response: The drawdown calculations have been revised based on the references the DRMS has provided in the adequacy review to estimate the impact to the groundwater elevations from the dewatering of the pit. Please see the attached revised calculations 4. Please replace the calculation of aquifer drawdown from pit pumping with a calculation using the method described by Marinelli and Niccoli, 2000 (Ground Water, vol. 38, no. 2). Please include calculations for the maximum radius of influence and the expected drawdown at a horizontal distance of 800 feet outside the west side of the pit. The method described in your submittal does not appear to adequately account for aquifer recharge. Figure 7 of Arnold et al, 2003 (USGS Water Resources Investigations Report 02-4267) indicates drawdown at the 800 -foot distance would be approximately 10 feet. Response: We are using these references to estimate the impact to the groundwater elevations from the dewatering of the pit. The methodology was used to analyze the radius of influence and drawdown that would result from dewatering of the pit under the current dewatered depth and under full pit dewatered depth. A summary of each analysis is as follows: 1. Current dewatered depth (12 feet below historic groundwater level) a Case 1: 305 Denver Avenue — Suite D • Fort Lupton CO 80021 • Ph 303-857-6222 • Fax: 303-857-6224 Loloff Construction, Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112, Responses to Adequacy Review Comments 8/27%13 10- i. Maximum radius of influence outside the limit of the pit will be 14.422 feet. b. Case 2: i. Expected drawdown at a horizontal distance of 800 feet (Monroe Well) outside the limit of the pit will be 4.2 feet. c. Case 3: i. Drawdown at the Derr Pit Monitoring Well No. 1, at a honzontai distance of 235 outside the limit of the pit. was calculated to be 5.8 feet. This result was compared to actual monitoring well measurements taken for Derr Pit Monitoring Well No. 1 which show 2.75 feet of groundwater drawdown since June 1, 2013 when dewatering pumping started. Based on this comparison the methodology appears to overestimate the actual drawdown and radius of influence due to the dewatering of the pit that will be seen adjacent to this specific site/location, 2. Full dewatered depth (37 feet below historic groundwater level) a. Case 4: i. Maximum radius of influence outside the limit of the pit will be 42,040 feet. b. Case 5: i. Expected drawdown at a horizontal distance of 800 feet outside the limit of the pit (Monroe Well) will be 18.9 feet c. Case 6: i. Horizontal distance of 18,358 feet where a drawdown level of 2 feet will be seen. Please see the attached revised calculations. The methodology used in the references the DRMS has provided in the adequacy review assumes that groundwater recharge is uniformly distributed across the water table. Using this methodology no valid recharge calculations can be used to estimate the impact of localized recharge at a single location. As previously mentioned Loloff Construction will monitor the wells adjacent to the site and mitigate any adverse impacts to these wells. Slope Stability Analysis 1. The TR-1 request included changing the mining method to dewater the existing pond to mine under dry conditions at a 3:1 slope. It is my understanding that the final land use will remain wildlife habitat and include a pond. In general, the stability report was well written and adequately addressed the slope stability for the pit during the proposed mining activity described in the TR. Response: No response. um u E 305 Denver Avenue - Suit{ . • Fort Lupton CO 80621 • Ph 303-857-6222 • Fax: 303-857-6224 Loloff Construction, inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01), File No. M-1985-112, Responses to Adequacy Review Comments 8/27/13 2. Balsam Avenue runs along the eastern edge of the site. There are a number of underground utility lines associated with this road alignment. The analysis should be sure to include effects on and from these utilities, including the possibility of water being introduced from a leaking sewer or water line. Response: The slope stability analysis does take into effect the structures including the roadway and utilities and that is one of the reasons for mining at a 3H:1V slope to ensure there is an acceptable factor of safety such that the mining would not impact these structures and utilities. Trying to incorporate a leaking sewer or water line in the modeling is not possible because we are looking at gradients in regard to the ground water levels. Also if a pipe is leaking and the leak causes a slope failure that failure is not due to the mining and therefore would not be caused by the mining. We understand the concern and the Operator will conduct inspections on the pit walls during the mining and if there appears to be a leaking pipe the Operator will be sure to contact the utility owners to have them check their pipelines to make sure there is not a leak or that if there is a leak it can be repaired immediately. 3. The water level used in the analysis is approximately 12 feet below the ground surface on the unaffected ground. This may not accurately reflect seasonally high conditions, or conditions after the mine is flooded with water. Response: The 12 feet was selected based on previous information from the subsurface investigation. We understand the concerns and have included more calculations to change the depth to 3 feet below the surface for the ground water level. Please see the attached calculations and revised slope stability analysis. 4. The analysis sections are depicting "dry" conditions that would be found during mining while the site is being dewatered. The stability should also be analyzed in "wet" conditions that would represent post -mining conditions for the long term stability. Response: The analysis has been updated to include ' wet" conditions as well. Please see the attached calculations and revised slope stability analysis. 5. The report includes good recommendations for monitoring the slope stability. However, it may be prudent to modify the inspections outlined in recommendation #1 and #4 on page 5 to a weekly basis for the duration of mining, then for 6 months post -mining. Response: The analysis has been updated to reflect the weekly inspections. Please see the revised slope stability analysis. VI 305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 Loloff Construction. Inc. — Loloff Pit — Technical Revision No. 1 Request (TR-01). File No, M-1985-112, Responses to Adequacy Review Comments 8/27/13 -12- As discussed in this response letter we have addressed as many of the comments as we can at this time and we will continue to address the remaining comments as we receive survey information and agreements from well owners, structure owners, and utility owners. We would also like to extend the decision date to September 25, 2013 to allow more time to address the remaining comments as well as giving the Division of Reclamation, Mining, and Safety enough time to review. Sincerely, J.C. York, P.E. J&T Consulting, Inc. cc: Loloff Construction, Inc. Attachments 1. Authorization Letter from Lofoff Construction. Inc 2. D awdown Figure and Dewatering Calculations 3. Approved Well Permit from SEC, 4. Exhibit G and Exhibit G-1 5. Revised Exhibit C 6. Approved SWSP from he SEC 7. Well Owner and Monitoring Agreements 8. Property and Utility Owner Agreements for Structures and Certified Mail Receipts 9. Revised Slope Stability Analysis d I 305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224 -6224 y. ea BRIAN I ARRELL • •, • #2 T (R© F EN ra i I O N1 EET ON a X ITE -- SYLVIA to PAR ;; WATEP. \.; 0; farm WO ® OMIllinpalowmtranagnio® ® m 03 0 Y) r ft dap 67. Brian K Harrell 8 l Avenue t. ree1ey,Colorado x &0632 July 3, 2013 RE Well Protection/ Water Level Monitoring Agreement Mr, l tarrel l:oloiTConstruction lnc.(Lolo) has a Weld County (County) Use by Special Review Permit, and a State of Coorado Division Of Reef *tation, Mining, and Safety (DRMS) Reclamation Permit to allow sand andgravel mining on a property that is near the following shallow well(s) located on your property: Uss csticJL i vestock acknowl4g s your concern for maintaining the capacity of your welt(s), and hereby monitorthe water depth and capacity of your wells) at Loloff expense, to determine (s) is (c) adversely affected by mining and reclamation operations. s to begin monthly monitoring ti.tf water depth in your wells) at d to continue em,1113until reclamation is completed, By your si ture below, your acknowledge Leadoff's commit t t0 monitor and miti in any adverse impacts to your welt{s) attributed to I .olefs mining And reclamation activities, and grant pernussion for Loloff loff to commence said monitoring. Date f3 lollrt Carlson 340 E "C" Street .}rki'!ey Colorado 80631 2013 Rh,: Well Protect' C arisont:: 3 ar> l..ato Agreement t Loloff) has a Weld County (County) Use by Special Review Division Of Reds ion, Mining, and Safety (D , S) Reel. d gravel mining cm a property that is near the following shallow wells) n your 'operty: Pttut p a1 - tee C 0q).- 4 Sic :nowleges your concern for maintaining the capnctty of your well(s), and hereby o monitor the water d and ca ity of your wells) at l_olof₹ expense. to determine ell(s) is (ate) adversely affected by r fining anti r laal Lion operations. ololl agrees ttt pct its monthly monitoring of water depth in your well(s) and to continue ;Monitoring until tect4ltnation is completed. By your signature below, your acknowledge i.Uloh commitment to monitor and mitigate any adverse impacts to your wells) attributed to l.olotis mining and reclamation activities, and grant permission for Lolofl'to commence said rttonLoring. !uly 3,2013 RE~ Well Proteon/Water Mr, Francis l.ololl. Construction on lnc. ( Pcrrit,anri a State Of Col R.elanaation Permit to allow tbilowing shallow well(s) lo PermisA 30562 I 3588 26555A Monitoring Agreemernt has a Weld County (County) Use by Special Review Division Of Reclatnation,M:ining , and Safety (D S d and gravel mining on a property that is near the on your property: Oats Domestic Stock Lotoff acknowlidges your concern for maintaining the c: city of your well(s), and hereby offers to monitor the water depth and capacity of your well{s) at tolof expense, to determine it the well(s) i (arc't adversely by mining and reclamation operations. grees terbegin monthly trttardturing of water depth in your well(s) and to continue ing anti' reclamation is pieta). By your si re below, your acknowledg commitment to monitor and mitigate any adverse i tipacts to your wells attributed to l ailo i:s rec :: t. Lion activities; and grant permission for Lotof to commence said monitoring: Broken Arrow Investments, LLC Attn: Mr. Doug Derr 699 North 1e Avenue Greeley, Colorado 80631 August 26, 2013 Re: Water Level Monitoring Agreement Mr. Derr Loloff Construction (Loloff), has a Weld County (County) Use by Special Review Permit, and a State of Colorado Division of Reclamation, Mining, and Safety (DRMS) Reclamation Permit to allow sand and gravel mining on a property that is near thy: monitoring wells) located on the Derr Pit mine Lolotf is requesting to monitor groundwater levels in your existing monitor wells on the west side of the Derr Pit, The Division of Reclamation, Mining, and Safety has requested an agreement between Loinff Construction, Inc. and Broken Arrow Investments, LLC granting permission far Lolotf to commence saki monitoring, By signing below Broken Arrow Investments, LLC grants Loloff Construction, Inc. permission to monitor ground water levels at the monitoring wells on the west side of the Derr Pit, Date FC/. Date via Parker vt Greeley. Color.t, d 80631 July 3.2013 kk Well Protection; Water Level Monitoring Agreement \is. Parker. Lol ,ti Construction Inc.(Loltatl) has a Weld County (County) Use by Special Review Permit. and a State of Celorado Division Of Reclamation, Mining and Safety (DRMS) Reclamation Permit to allow sand and gravel mining on a property that is near the following shallow wells) 1ccaated on your property: l tUitt 4073 Lose gas your concern for maintaining the capacity of your well(s), and hereby water depth and capacity of your well(s) at Loloff expense, to determine adversely affected by mining and reclamation o . tions, a.._ lour agrc etc to in monthly monitoring of water depth in your wellfs) and to continue mnonitoring until r lamatio n is completed, By your signature below, your acknowledge l ,oluils commibbe nt to monitor and mitigate any adverse impacts to your well(s) attributed to Loloffs mining and reclamation activiti , and grant permission for l,cloff to commence said monitoring. - Date Hello