HomeMy WebLinkAbout20201297.tiffINVENTORY OF ITEMS FOR. CONSIDERATION
Applicant Global Asset Recovery
Case Number 2MJUSR19-08-1000
Submitted or Prepared
Prior to At
Hearing Hearing
I
SPO
Diana Taylor,
in Opposition
dated
April
18,
2018
2
SPO Jerry Winters & Dixie Ann
Heffner
in Opposition
dated
July
9, 2019
0
SPO
Joe
Lee
Parker,
in Opposition
dated
July
16,
2019
4
Law
Office
of
Lyons Caddis
on
behalf
of
SPO
David
Bliss
in opposition
dated
i
July
17
2019
1
SPO
Brian
Murata
in Opposition
dated
July
17, 2019
Law
Trust
Office
in
opposition
of
Maria
dated
Petrocco
July
on
17,
behalf
2019
of S P O James R.
Koehler
Revocable
Affidavit
(Attachment
of
Rick
to
Petrocco
Parsons,
Letter)
Parsons
Water
Consulting,
LLC
dated
July
16,
2019
Affidavit
Letter)
of
Robert
D. Francis dated
July
16,
2019
(Attachment
to
Petrocco
7
SPO
James
R. Koehler
Family
in
opposition
dated
August
12,
2019
Attachment
A — Well
Owners and
Well
Location
on CR
62
Attachment
B
— Aerial
Image
with
Well
Locations
Attachment
O Drone Image with
Well
Locations
1
—
Attachment
D —
Drone Image
with
Well
Locations 2
Attachment
E — Culvert
Damage
N.
Balsam
Avenue at
"C" Street
(CR 62)
Law
opposition
Office
of
dated
Lyons Caddis
August
19,
on
2019
behalf
of SPO
David
Bliss
withdrawing
r
b
I hereby certify that the items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commissioners hearing.
} -Nd7L
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July 9, 2019
Kim Ogle, Planner
Weld County Planning Services
1555 N. 17tb Avenue
Greeley, CO 80632
ku kric thiw\i acne
RE: Case No. 2 IsAJUSR 19-06-11660 Case No. CO219-0001,
Global Asset Recovery, LLC Global Asset Recovery, LLC
Permit Including Open Mining Zone Change
Dear Mr. Ogle:
The undersigned, Dixie Ann Hoffner and Jerry D. Winters, own the following two parcels of farm
land with irrigation wells adjacent to the property involved in the above zoning change and mining
permits:
Parcel I A part of W 1/2 of W V2 of Section 3, Township 5 North, Range 65 West, Weld County,
Colorado
Parcel 2 — A part of W 112 of SW V4 of Section 34, Township 6 North, Range 65 West, Weld Count)',
Colorado
Parcel 1 lies east of and adjacent to Cherry Avenue which is across the road from the proposed
open mining. In the NW A of the NW 1 is an irrigation well that irrigates the 40 acres in Section
3. (Irrigation Well No1)
There is also an irrigation well north of County Road 62 which is in a part of said Section 34 which
irrigates 40 acres in Section 34. (Irrigation Well No. 2)
As we understand, the State of Colorado has already issued its permit to Global Asset Recovery,
LLC. We did not receive any notice of that proceeding. Were these irrigation vel i s disclosed to
the State of Colorado and the County of Weld? Irrigation Well No. 1 is just across the road from
the proposed mining operations.
Our primary concern is that this proposed operation will adversely affect the am o unt of water
produced by the irrigation welts. If this happens, a highly productive irrigated farm could become
dry land.
EXHIBIT
f1NtiY54\4.* ioco
2
Kim Ogle, Planner
Weld County Planning Services
July 9, 2019
Page
We request that the planning department and commissioners keep in mind that our irrigation wells
are adjudicated and have been used continuously and have legal precedent over the proposed
operations.
We request and state the following:
1. The permit and zone change be denied; or
2. If the mining p enriit is granted, it include conditions and limitations that the operation be
conducted so that it does not affect or damage the irrigation wells' water production;
3. That if the permit is granted, that mining not be allowed within 1,000 feet of the irrigation
wells;
4. That if the permit is granted, all mining operations be walled off with a 15' wall along
Cherry Avenue to reduce noise, light, and other nuisances;
5. That if the permit is granted, no ingress or egress be permitted Cherry Avenue from
along
the mining (west) side;
The applicant for permit must prove that there will be no injury or harm from the mining
operations to other property owners.
Very truly yours,
Jerry D. Winters
42 Willowcroft Drive
Littleton, CO 80123
720-398-8849
Dixie .Ann Hoffner
30300 'NCR 57
Gill, CO 80624
970-352-4654
JI W:sp
pc: Eric Scott, Colorado Division of
Reclamation, Mining & Safety
Kelly Hodge, Global Asset Recovery, LLC
M:\SALLY\jerry planning 1t.dem
From: Joe Lee Parker 'cjoeparker05@hotmail.com>
Sent: Tuesday, July 16, 2019 6:16 PM
To: Karla Ford ckford@weldgov'.corn>; Kristine Ranslem <kransierrat@weidgovcom>; Selena Baltierra
csbaltierrs@weldgov�.com>
a
Cc: syrlviapar kerOg hotra i_com; Joe Lee Parker <joeparkeroS hotmaiLcorn>; Jim Parker
cparkerjirn.20Q7@yahoo.com>; Jerry Parker <Ldppdjp g ail.cor >
Subject: Opposition letter:
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.
Opposition letter:
Please let it be known that the parker family is adamantly opposed to any and all mining operations at
the property or properties indicated regarding
COZ19-0001 and
2 MJ USR1 Y-08-1660
Further, we adamantly oppose the rezoning of this property away from anything other than what it's
currently zoned for.
Sylvia Parker, residing at 211 N Balsam Ave, is 83 years old and suffers from asthma and COPD. Any and
all operations beyond the current use would be detrimental to her health and well being.
The existing mining operations directly south of us have decimated the neighborhood and caused
endless strife to Sylvia and her family.
Please do everything in your power to stop this proposed catastrophe.
Thank you,
Sylvia Parker, Joe Parker, Jerry Parker, Jim Parker and Family.
Sent from my iPhone
From: Joe Lee Parker cjoeparkerO5hotmail.com>
Sent: Wednesday, July 17, 2019 8:16 AM
To: Kim Ogle <kogle@weldgou.cam>
Subject: Re: CHANGE OF ZONE
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.
EXHIBIT
yi5v6e. 4 Zs Lvii
3
Correct, we indeed do not support rezoning. Ultimately/ we are adamantly opposed to any further
mining operations in our neighborhood. Especially one directly across the street.
Sent from my iPhone
On Jul 17, 2019, at 8:08 AM, Kim Ogle <kogle@weldgov.com>wrote:
Hello,
Thank you for your fetter addressing the two land use cases in review.
I want to understand your position on the change of zone request. The current zoning is a split zone of
R-1 Low Density Residential and Agriculture. The proposal is to change the zoning to Agriculture only.
is it the position of the Parker Family, that a rezone to Agriculture is not supported?
Thank you for your comments.
Kim Ogle
Planner Ill
Weld County Planning Services
1555 North 17" 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
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from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and
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communication or any attachments by anyone other than the named recipient is strictly prohibited.
gnif LYONS GADD1S
ATTORNEYS L COUNSELORS
Sean M. Stewart
sstewart@lyonsgaddis.com
July 17, 2019
Kim Ogle
Weld County Planning and Zoning
1555 N.17th Avenue
Greeley, Co 80631
VIA EMAIL
kogle@welalgov. com
Re: OBJECTION TO 2 MJU R19 -O8 -166O & COZI9-0001
Dear Mr, Ogle:
our firm represents David Bliss, the landowner of 404 N. Balsam Avenues Greeley, Colorado
80631 (the "Bliss Property"), which is immediately to the north of the property currently owned by
Global Asset Recovery, LLC (the "Applicant Property"). We are writing on Mr. Bliss's behalf to object to
Global's application for a special use permit and a change in zoning at this time, as he believes the
gravel mining will effectively dry up existing water supply to the water well on the Bliss Property,
negatively affecting he and others to continue to effectively use the Bliss Property for its agricultural
purpose.
As you are aware, there is a currently -operating gravel mining plant on a portion of the Applicant
Property. The Applicant has proposed to expand the current operation to neighboring land currently
zoned as residential.
Even with the gravel mining operating as it currently exists, the well on the Bliss Property has
seen sharp declines in water productivity, Historically, the irrigation pump on the Bliss Property
produced approximately 400 gallons per minute. Currently, and since the current gravel mining
operation began, his irrigation pump is only producing approximately 100 gallons per minute. Initial
tests have indicated that there is no issue with his electricity that would cause such a decline, leading
Mrs Bliss to the reasonable conclusion that the gravel mining operation is negatively impacting water
production in wells of neighboring landowners.
Mr. Bliss believes it is highly likely that the expansion of the mining operation will end the well's
production of any water whatsoever, and seriously impact the Bliss Property's ability to continue in its
present agricultural use. It is our understanding that many wells in the area, including those to the
west of the Applicant Property, have already dried up completely, stressing the importance of a
measured approach to any expansion of the applicants operating, it seems likely that in order to
LYONS CADDIS KAHN HALL J EFFERS DWORAK & GRANT, PC
515 KImbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978
LD igmr nt 303 776 9900 l L'bu ►yvi le 720 726 3670 I fAvidclyonsgaddis.com
EXHIBIT
4
LYONS GA
ATTORNEY'S & COUNSELORS
July 17t 2019
Page 2
assure continued production of water from the well on the Bliss Property, it would need to be radically
altered to adjust for the depth of the gravel mining operating.
Mr. Bliss has hired Quality Well & Pump out of Greeley, Colorado to inspect his current
equipment to ensure there is no failure that can be fixed by him alone. He intends to supplement this
objection with further information as it is received. However, under the current circumstancest Mr.
Bliss cannot acquiesce to the expansion of the current operation or the special use permit requested
by the applicant, and specifically requests that the Weld County Planning Commission defer their
recommendation to the County Commissioners for a period of time to enable adequate testing to be
done to determine the impact of the current application on water rights of the neighboring properties.
Additionally, while an Exhibit G Monitor Well Map, Boring Logs, & Readings is referenced in the
June 8, 2018 Preliminary Review by J&T Consulting, Inc., we did not see that portion of the review in
the application materials. Review by the Planning Commission should be deferred until such
information is made available and Mr. Bliss given an ability to respond.
Please do not hesitate to contact me regarding any aspect of this objection. We would ask that
our office be copied on any mailings and receive any recommendations of the County to the Planning
Commission or other communications that would generally be directed to Mr, Bliss.
Sincerely,
LYONS CADDIS KAHN HALL
JEFFERS DWORAK & GRANT, PC
By:
an M 4 Stewart
From: Molly Ryan <moflyryan 7@1Uve.com>
Sent: Wednesday, July 17/ 2019 4:21 PM
To: Kim m Ogle ct og t e@ 4�f e ttd v _co >
Cc: Brian Murata cater _ m7@grnaiIkcom>
Subject: CASE if - 2MJUSR19-O8-1660
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.
(The previous email attachment does not print properly on my end. Please print the email for your
record)
July 17, 2019
BRIAN MURATA
PROPERP/ OWNER
29485 CR 43
Greeley, CO 80631
970-396-8700
atarum7@gmail.com
KIM OGLE
Weld County Planner Services
Greeley, CO 80631
(970) 353-6100 ext. 3540
RE: CASE# 2MJUSR1S-08-1660
Dear Mr. Ogle:
A development plan and special review permit for an open mining and materials processing in a current
Agricultural Zoned district located East and adjacent to N Balsam Ave; South of and adjacent to CR 52;
and west of and adjacent to Cherry Avenue will surround and directly impacts my residential property:
29485 CR 43 Greeley/ CO 81631
1) Specifically, the property's adjacent to the gravel pit experienced a 30% reduction in sales price.
A study commissioned by the Richland Township Commission (study link enclosed) using the findings of
an economics professor, Diane Hite, have shown a definite statistical correlation between property
distance from a gravel pit and that property's sales price. A devaluation of our property would be
considerable and devastating to us economically.
2) Our property has a domestic well that will be damaged.
Quarries and pits can affect ground -water and surface -water systems in various ways.
• lowering of local ground -water and surface -water levels from mining operations and mine dewatering,
EXHIBIT
esnaStz Br
• changes in turbidity levels in groundwater due to blasting and quarry operations,
• interruption of ground -water conduit flow paths by rock removal, and
i temperature change (thermal impacts) in springs and surface -water streams.
3) The changes in the ground will also change the foundational strength of the dwelling, along with
raising dust and noise levels.
Please provide restitution for the change to our property if this plan goes through.
Sincerely,
Brian A Murata
Residential Property Owner cc. Molly Ryan
htt _ r .stothe quarry.ca "doc'rr nts, U 20Stud'%200n%2otbe 2OOimpact%20o 20p1ts 20 uar
ries 2Oon 2Ohome%2Oprices.pdf
US Study on the impact of pits quarries on hme prices
Campbell County get very little in return for Evington's loss. According to Boxley's economic
impact study: 1. 2. 3. Tax revenues to Campbell County will amount to $46,318 during the 15 -
year site
w w to�the arr .
https://files irtr+state_r naus/publicationsiwat:er s/hdraulic-impacts-of-quarries.pdf
Law Offices of Maria Petrocco
8704 Yates Drive #100
Westminster, CO 8Q031
Maria Al Peirocco
Licensed in Colorado and Wyoming
July 17, 2019
Sent Via E - Mail to Kim Ogle
Weld County Planning and Zoning
1555 North 17th Avenue
Greeley, CO 80631
Attn: Kim Ogle
RE: U R19 -O -16 O Global Asset Recovery Request for USR for Mining Operations
Dear Mr. Ogle:
I am writing on behalf ofmy client, James Koehler, trustee of the James R. Koehler
Revocable Trust ("Koehier"). The Trust owns the residence and surrounding farm consisting
of over 81 acres at 1001 East C Street, Greeley, Colorado, ("Koehler Farm") which farm
and home is located across the street from the proposed 14105 acre gravel pit referenced in
the above planning case.
The gravel pit, to be known as the Den Gravel Pit, will be operated by Broken
Arrow Investments, LLE, ("Broken Arrow") for 15 to 18 years on a daily basis, including
some evenings, in an area shown to have soil types with high =off potential and a high
water table. (Drainage Plan and Report, Derr Pit, MT T Consulting Inc., Appendix D)* This
s
mining operation will create pits up to 90 feet in depth and will fundamentally alter the
Koehler's farm, vested water rights, and way of life forever. I respectfully request a
recommendation to the Board to deny the requested mining permit. The compelling reasons
to request such a denial are as follows.
First, the gravel mine at Dens Pit will lower ground water and surface water,
interrupt ground water conduit flow paths and affect I oehler's 3 water wells. Water is the
EXHIBIT
sA �og� t
1,1Page
most valuable resource in Colorado and by far more valuable
than commercial deposits of
sand and gravel. Koehler's water wells axe in dire jeopardyof h.arrn, andior complete loss
if DPit is approved. Even e reclamation involving pit -
�ng lining the Atli slurry s will
be disastrous for the Koehler Farm. The underground aquifers rtm. all year and the
groundwater flow will be obstructed by the :tee and slobstructions �walls. The block
the flow of ground water and will cause irre ar 1 patterns rns of both flooded and dry spots on
the Koehler Farm. Please see the affidavit of Rick" "
Parsons attached Exhibit . a who is
a water engineer with ParsonsWater Consulting,LL for ascientific
more detailed and ��1�nt1fic
based explanation of the water issue.
Moreover, I know of one fanner who had his septic system malfunction after the
neighboring mining company lined thepit. Thelining slurry wall blocked the flow
discharge of the septic system. Mr. Koehler justspent a considerable sum of money to
have a new septic system constructed on his farm.
He does not want this new septic system
ruined in any way due to the proposed plan foe mining g n the lands across from his home.
Second, Koehler risks that his water will be polluted'
from the �r�r�ui.run., .. operations.
The mining exposes rocks that have been buried for many geological years. These rocks
when crushed and exposed to the air emit radioactiv
e e elements. Furthermore, the ground
water may become contaminated when the clay -rich sediment proteetx•
ng the artesian
aquifer layers are broken due to the digging and extraction
. When these layers are no longer
present for protection, the entire aquifer is exposed to c
pcontaminants because the open
gavel pit now allows runoff to enter the ground water system.
.oeh.ler s wells will be
affected, since the closest well will be located less
than. 50 feet from the gravelpit.
The third reason to stop this gravel pit is that it will
be located near several
residences, including the Koehler residence. The mining operations and its parade of gravel
trucks, mechanical trucks, fuels trucks, cars and passenger trucks ens (making up to 57 trips
per day just counting the trucks per Broken mow's application) pp ) will make excessive dust,
noise, traffic congestion and more road repairs. At almost every single part of the
operational stages of the gravel pit, some level of noise is generated. The cumulative effect
2 Page
of all the noise encountered from the pit is said to be almost
as loud as those noises
encountered at airports from jet engines.
The excessive dust associated with mining operations is
� almost impossible to
control in the homes despite frequent house cleanings. Despite the number ' � � of promised
de aterings by Broken Arrow, there will be more dust than norma
l around the Koehler
Farm; 'The endless dust from the mining will affect ect the growth of the farm crops as well
as the yield production because the farm is in such close proximity � to the gravel pit.
The fourth reason to stop the sand, and gravelpit because it
will seriously affect
.oehler's health. Koehler, a fine gentleman of 89 ears resides
on Koehler F. and has
for 54 years. Now, with the mining operations next door,
crystalline silica will be in the
air. Crystalline silica are particles 100 times smaller than ord
inary sand created from.
Broken Arrow grinding and crushing stone. The crystalline silica ' liea.floats�n�ealxand
exposure to it is well known for increased respiratory diseases. I am not for certain but one
can assume that this risk is much higher for an elder person such as Koehler.
Not only is Koehler at risk to lose his valuable water rights, but
he will also take
another loss in his personal wealth because of the loss in his ro
� pey s value, Properties
located adjacent to a mining extractionoperation, suchwill be the case with Koehler
Farm, drop in value by anywhere from 25% to 30%. 2 Mr. Koehler, being retired cannot
work to possibly replenish the money lost by the devaluation of his hom
e and vested water
rights due to the proposed mining operations.
No matter what Broken Arrow promises, there is nothing they can possible do to
make their operations harmless and compatible with the Koehler residence and farm.
I oehler's quality of life as he currently enjoys will be impacted, as
the life of his
neighbor fanner explained in his affidavit attached as Exhibit "B" to •
this letter.
Furthermore, a company, such as Broken Arrow, which has already rained 5 water wells
in the neighborhood with past mining cannot be expected to perform any .
differently in. the
1 I can attest personally that there is excessive dust in my home and on my property not to mention the loud noises emanating
from an asphalt plant operated by Aggregate industries, across from my home. A. sand and gravel pit creates much more dust
and noises than an asphalt plant.
2 Assessment of the Economic Impact of the Proposed Stoneco Gravel Mine Operation in Richland Township, George A.
Erickcck, W.E. Upjohn Institute for Employment Research, August 15, 2006.
3 Pa .e
next phases of their operations. There axe no benefits to permitting Pit
and Broken
Arrow has the option to conduct such large scale minioperations n
other areas here
there are less hones and irrigated Farms. Thank ou intimet
for your andattention
to this matter of grave concern.
Very try yours,
LAW OFFICES OF MARIA PETR Co
cc: Jody Jones via e-mail
cc; Janet Brown via e-mail
cc: Rick Parsons via e-mail
4 Page
AFFIDAVIT
1
OF RICK PARSONS
STATE E OF OREGON
COUNTY F afisi
HIBIT
S
The dersiedr Rick Parsons, is therincl
pal of ParsonsWater Consulting„ LLC
("Paonwe') which lotted at 1619
Minear Road, ediordw: OR 750 I ;
ParsonsWater is a water resources and water rights engineering company specializing in
surface water and gound water hydrology, water resources
enginee i g.
Me undersigned certifies the following:
T - I am the founder and manager of P.arsnn � -
.� �x�r and am a licensed professional
engineer in Colorado and have practiced water engineering in Colorado and the r resources management and
2. The Amended Use by W- � intermountain west for approximately 25 years.
se Special Review (Mining Operation)
application should not be approved unlessBro
(Broken Arrow) is required to take sufficient
mining on surface and ground water drainage
area surrounding the and ground water resources in. the
the mine.
Broken Arrow claims the majority of storm runoff on its property comes from.
site on the north side of its - property(Drainage Plan and Report, Dens Pit J&T
Consulting, Inc. October 2018) but has not outlined how
of to 80 e�' will those �t�r��t�rinflows
s +• ll not back up on and image the ro ert �of land -
to the north of the mine. p holders located
4. Broken "know acknowledges mining will affect the water table surrounding the
mine site (DRJVIS Adequacy Review No.. 1, Exhibit E. JConsulting,
�1nc. June
, 2018), but does not appear to have addressed those of i.
aeffects part 1 business
operations_
5+ Broken Arrow proposes water levels be monitored i
at on -site wells before, during
and after the mining and reclamation is complete so that
and toneighbors' �� z impacts to the water table
wells from operation can be identified
addressed.d
6. Shiny walls are constructed around mining cells to reduce the impact of mining
operations to ground water resources sound the e.. ' ►
H n stal lid around the cz � slurry wall has been
ant Derr Pitmine area.
7. Broken Arrow claims it wants to "operate_ responsibly" � .n.stbly" but numerous wells in the
vicinity of the current Derr Pit mine have gone dry as
consequence of its mining
operations.
8. Broken Arrow proposes to install aperimeter drain_ to mitigate ound water
impacts from mining should water levels v • 3 feet from historical
limited �.�,available � t�rteal levels. The
. from Broken Arrow indicate variations in excess of
in, and mound the exi.stin.1 � feet
mine but no perimeter drain has been Stalled in that
area.
9. Broken Arrow cla.ims to have recorded ground water levels atexisting -
.the permit
area on a money basis continuously since October 2006 but has not made all of
that that data available.
10. The ground water monitoring plan proposed by Broken Arrow
mining does not satisfy the
requirements, outlined by DRMS_
11. DRIVIS requires five quarters (15 months) of water level identify
eurer��er�t ��
benchmark water levels that exist prior tothe onset of mining; these
not been reported to DRMS,
12. The .ground water monitoring plan proposed b • the Applicant � �p _ca.nt is not sufficient to
protect neighboring landowners from detrimental impacts caused by min drainage z to the
ground water and ground water resources under the neighbor's
properties.
13. Given the facts outlined above, it is difficult to understand
how Weld Countyres►dents Todill be able to be actively involved and adequatelyp prepared to identify
impacts address to the water table and damages to their
wellsithout timely
access to the data Applicant proposes to measure and record.
14. Any USR pet mit for the Den- Pit should include a r u reme ntthat well
d�.ta collectedm monitoring
part of Broken Arrow's ground water monitoring plan be .made
available to the public, upon request, �.
p within one month of the measurement of the
water levels.
IS. The specific language should be included in. the so
permit that Weld County
residents can ascertain the changes to benchmark water levels within
permit
area prior to it happening, or as they are happening — not after they have happened
e
ned
and any damage is already done.
16. Weld Comity should not approve the amendment toMining
_ p'�' the USR Permit until
the deficiencies noted above are addressed.
I have personal knowledge of the facts set forth in this affidavit. If called as a
witness, I would testier to ihes`acts under oath.
Further Affiant saith not.
STATE OF OREGON
COUNTY OF J&tk40W
Rick Parsons
)ss.
1
The foregoing instrument was acknowledged before me this fVfkl- day of Jul
y, 2019,
by Rick Parsons.
Witness my hand and official seal.
My commission expires: 1) Lite tie 7b 23
(SEA.L
~I _.
OFFICIAL STAMP
TYLER [ WILKINS
'4QTAF Y PUBLIC - OREGON
COMMISSION $0.9$63l6
MY COMMISSION EXPIRE APRIL 14, 102-3
iiniimagns
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*lira!" geit artit
Notary Public
ii
STATE OF COLORADO
COUNTY OF WELD
AFFIDAVIT
OF ROBERT D. FRANCIS
)st.
EXHIBIT
Be -
The undersigned Roberti' Francis, is the owner of the property at 351 8th tre+et and 701
Balsam Avenue Greeley, Colorado..
The undersigned certifies the follow
1. 1 am the owner of 2 parcels of property in Weld County which
* _.are directly across
the
street fro uu property mined by Broken Arrow Investments, LLC.
2. My neighbor James Koehler owns irrigated farmland
�directly across the street
from the proposed gravel mining operation in connection with Broken Arrow
Investments, LLC, and ("Broken mow ' which mining operation is
of the area already mined by Broken Arrow across . the street from my .
I I am very much opposed to ''
pp approval of the proposed mining permit . U. 9-
08.4 660).
4. The mining operations deplete water resources. Results do not lie and I had 5
water wells go completely dry from the previous gravel mining o
Broken Arrow.
operated
by
5. I am surrounded by many irrigated farms, including Koehler Farms, s, d it would
ruin these working farms to have their wells depleted, or worse a have
wells totally their
dried up.
6. Broken Arrow makes many promises and commitments to prevent water loss. No
matter what protections are in place, valuable water will be lost to these
opeo T If my 5 wells were ruined with mining operations op rat`
ons on 30 acres, how
many more wells will be lost or damaged for the proposed mining
n. operations on
145.05 acres? I shudder to think of the answer.
7. If even. Broken Arrow uses slurry wails there still will be water loss i.
nanarr
committed to farming in a county with the protections of the Right t to Farm.
8. If need be, I will attend the Weld County Commission hearings for this project
.
and state
these facts in person.
I have personal knowledge of the facts set forth in this affidavit. If called as a
witness, I would teslify to these facts under oath.
Further Affiant saith note
Robert D. Francis
',Page
STATE OF COLORADO
COUNTY OF
1
The foregoing instniment was acknowledged
by Francis D. Robert
Witness my hand and official seal.
My mmi ion expires:
(SEAL)
21Pay
IN. ap ao _
Anglia Dianne err d
NOTARY PUBLIC
STATE OF COLORADO
NOTARY lb 20164006156
Lir COMMISSION EXPIRES FE! 15$ 2020
a.
Notary Public
Cs\
August 12, 2019
Kim Ogle, Planner
Weld County Planning Services
1555 N. 17th Avenue
Greeley, CO 80632
RE:
Case # 2MJUSR19-08-1660
Global Asset Recovery, LLC
Permit Including Open Mining
Case COZ19-0001
Global Asset Recovery, LLC
Change of Zone
Dear Mr. Ogle:
Our family, the James R. Koehler family, has owned since 1949 the below parcel of
farm land and irrigation wells directly across the road from the property involved in
the above permits for open mining and change of zone:
The East Half (E 1/2) of the Southeast Quarter (SE 1/a) of Section 33, Township 6
North, Range 65 West of the 6th P.M., Weld County, Colorado
This parcel lies across the road from the proposed open mining. In the NE 1/4 of the
SE '/4 of Section 33 is an irrigation well that has irrigated 80 acres since 1955 or for
the last 64 years. This well is 1290 feet from County Road 62 and the proposed
mining operations.
There are also two domestic wells used for lawn/garden/livestock near the farm
house and barn less than 150 feet from County Road 62 and the proposed mining
operations.
Our principal concern is the potential adverse effect to our irrigation well. If this
happens, it could significantly decrease the value of a highly productive irrigated
farm, This should be made right to us in some way so that we can continue farming
as we do today.
We request that Weld County Planning Services and commissioners keep in mind
that our irrigation well is adjudicated and has been used continuously for many
years and has legal precedent over the proposed operations.
We request and state the following:
EXHIBIT
• The permit and zoning change be denied. Global Asset Recovery has not
operated responsibly or been a good neighbor for their current operations at
the Loloff Pitt. They have impacted the daily lives of the community around
them, done the minimum that they could to operate there, and have not
followed through with what they said they would do. For example, the notice
about this proposed mining operation was posted on a very small 11 x 17
sign at their current entrance and nothing along Weld County Road 62 where
we live...again meeting the very minimum requirement and not being
considerate of surrounding property owners.
• If the mining permit is granted, it include conditions and (imitations that the
operation be conducted so that it does not affect or damage the production
of our irrigation well or domestic wells. These wells should be monitored on
a quarterly basis by an independent third party and the cost of monitoring be
reimbursed to us by Global Asset Recovery LLC. Please see Attachments A,
B, C and D for a depiction of our wells and other well owners along Weld
County Road 62. In addition, a monitoring well should be installed directly
across from our home on the north side of the proposed slurry wall along
WCR 62. The test results of ail monitoring wells should be made available
online for surrounding property owners.
If the mining permit is granted, each mine zone shall be reclaimed as each
zone is mined.
• If the mining permit is granted, a communication plan should be established
to surrounding property owners regarding current and upcoming operations
on a quarterly basis. If there is an urgent matter, the surrounding property
owners should be contacted by email and by phone.
If the permit is granted, all mining operations need to be mitigated for traffic,
noise, dust and light for our home that is located right on Weld County Road
62. We request that it be adequately screened for both private and public
view along County Road 62. Adequate screening could be provided with
Wichita blue juniper trees planted in a triangular pattern on a flat -top berm 5
feet in width and 8 feet in height and with irrigated and maintained, pasture
grass. All trees that fail to survive should be replaced within one year.
Global Asset Recovery LLC verbally committed to doing a desirable berm in a
community meeting on August 2, 2019.
• If the permit is granted, no ingress or egress be permitted along County
Road 62 from the mining (north) side and the traffic patterns of the proposed
mining operations be monitored and enforced. See Attachment E for
damages to the intersection of Balsam Avenue and Weld County Road 62
caused by mining at the Loloff Pit operated currently by Global Asset
Recovery that should not have occurred if proposed traffic patterns been
followed.
• There are residences and people around the proposed mining operations that
could be exposed to crystalline silica produced from grinding and crushing
stone that is well known and documented for causing respiratory illnesses.
The applicant for permit must prove that there will be no injury or harm to
health from the mining operations to surrounding neighbors and property
owners.
Sincerely,
James Ft. Koehler Family
1001 East C Street
Greeley, OD 80631
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From: Sean M. Stewart cSStewart@lvonsgaddis.com>
Sent: Monday/ August 19, 2019 3:38 PM
To: Kim Ogle < o. ie@wei d ov.com>
Subject: RE: Global Asset Recovery LLC Comments
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.
Mr. Ogle:
I wanted to update you on the status of Mr. Bliss' objection. He had inspections done of the well, and
they revealed issues that may well fix the water level issues. Additionally, he met with the operator, and
it is my understanding the operator has agreed to install a subterranean wall of clay to ensure that the
operation does not impact the nearby wells. So this is all to say Mr. Bliss does not intend to object to the
special use permit or zoning change on Wednesday the 22''. I wanted to let you and the planning
commissioners know.
Thanks,
p
LYONS GADDI
la ATTO,NEYS 3 COUNSELOS
I
Sean M. Stewart
sstettivart yosnsgpddis_cor,`�
515 Kimbark Street, Suite 200
Longmont, CO 80501
303.776.9900
EXHIBIT
fl
' ''" '4r V r
1
Concerns on the proposed mining operations by Global Asset Recovery/Broken Arrow Investments
If the Zoning change and USR are granted the following should be established. All mining operations
need to be mitigated for traffic, noise, dust and light for the Koehler property that is located along East C
Street (WCR 62) .
(1) Irrigation well and domestic well water levels are to be monitored on a Quarterly basis. The
monitoring should be performed by an independant third party at the expense of Global Asset Recovery.
Global Asset Recovery has offered two monitoring wells along East C Street (WCR 62), one that is close
to Cherry Ave.(WCR 43) and the other would be located near Balsam Ave. (WCR 41 1/2). A third well
should be located across from the Koehler residence (1001 East C Street). There are two domestic wells
located in the Koehler farm yard that are located 150 feet from the proposed mine site. The domestic
wells are shallow wells with a depth of approximately 50 feet. Projected mining depth along WCR 62 is
up to 90 feet.
(2) Sliver cry Wall installation along the entire p ropoa site. The slurry wall should be one of the
first steps in the mining process to prevent any ground water loss.
(3) Screening shall be Constructed by Global Asset RecoveralanK East C Street (WCR 62).
Adequate Screening could be provided with Wichita Blue Juniper Trees planted in a triangular pattern on
a flat -top berm 5 feet in width and 8 feet high and permanently constructed. The berm shall be
planted in a pasture grass mix and irrigation should be provided for the trees and the grass. Trees and
grass that fail to survive should be replaced within one year. Global Asset Recovery did verbally commit
to constructing a desirable Berm in the Community Meeting on August 2, 2019.
(4) A Communication Plan should be established with the surrounding_property owners regarding
current and upcoming operations on a quarterly basis. If there is an urgent matter, the surrounding
property owners should be contacted immediately by email and by phone.
(5) Traffic pattern should be established and enforced. There should be signage on the north side of
the Mining entryway indicating that the trucks are not allowed on North Balsam Ave. A traffic pattern
has been proposed by Global Asset Recovery but had not been followed. No Ingress or Egress will be
permitted along East C Street (WCR62)
(6) Each Section of the mine shall be reclaimed as the mining_process proceeds.
(7) Noise Lev+.&s of 55 dB should be established on the North side of East C Street (WCR62)
(8) The ,applicant must prove that there will be no incu r or harm to the heath and pro Derty from the
mining operations to the surrounding neighbors and property. There are residences and people around
the proposed mining operations that could be exposed to crystalline silica produced from the grinding
and crushing of stone that is well known and documented for causing respiratory illnesses.
EXHIBIT
It
Existing
Well
Owners and Well Locations along Weld County Read 62
i Status
afuv�l�
—
Distance
from
proposed Global pit
Well Owner
Well
Type
Map
well
ID
Distance from Loloff Pit
Koehler
Irrigation
K1
2420
---
-
1290 --
Koehler
Domestic
K2
!K3
1651
— 160
—
Koehler
Domestic
2024
---
145
Hoshiko
irrigation
Hi
715
50
Dry 5years
Winter
irrigation
I W1
2780
60
Bliss
, Irrigation
B1
3622
2665
di 12 L (4 Cr icr.
S
Ltd O. }
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Terms*
•
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is
4
E
1
•
•
• The permit and zoning change be denied. Global Asset Recovery has not
operated responsibly or been a good neighbor for their current operations at
the Loloff Pitt. They have impacted the daily lives of the community around
them, done the minimum that they could to operate there, and have not
followed through with what they said they would do. For example, the notice
about this proposed mining operation was posted on a very small 1l x 17
sign at their current entrance and nothing along Weld County Road 62 where
we live...again meeting the very minimum requirement and not being
considerate of surrounding property owners.
• If the mining permit is granted, it include conditions and limitations that the
operation be conducted so that it does not affect or damage the production
of our irrigation well or domestic wells. These wells should be monitored on
a quarterly basis by an independent third party and the cost of monitoring be
reimbursed to us by Global Asset Recovery LLC. Please see Attachments A,
B, C and D for a depiction of our wells and other well owners along Weld
County Road 62. In addition, a monitoring well should be installed directly
across from our home on the north side of the proposed slurry wall along
WCR 62. The test results of ail monitoring wells should be made available
online for surrounding property owners.
If the mining permit is granted, each mine zone shall be reclaimed as each
zone is mined.
If the mining permit is granted, a communication plan should be established
to surrounding property owners regarding current and upcoming operations
on a quarterly basis. If there is an urgent matter, the surrounding property
owners should be contacted by email and by phone.
• If the permit is granted, all mining operations need to be mitigated for traffic,
noise, dust and light for our home that is located right on Weld County Road
62, We request that it be adequately screened for both private and public
view along County Road 62. Adequate screening could be provided with
Wichita blue juniper trees planted in a triangular pattern on a flat -top berm 5
feet in width and 8 feet in height and with irrigated and maintained, pasture
grass. All trees that fail to survive should be replaced within one year,
Global Asset Recovery LLC verbally committed to doing a desirable berm in a
community meeting on August 2, 2019.
If the permit is granted, no ingress or egress be permitted along County
Road 62 from the mining (north) side and the traffic patterns of the proposed
mining operations be monitored and enforced. See Attachment E for
damages to the intersection of Balsam Avenue and Weld County Road 62
caused by mining at the Loloff Pit operated currently by Global Asset
Recovery that should not have occurred if proposed traffic patterns been
followed.
There are residences and people around the proposed mining operations that
could be exposed to crystalline silica produced from grinding and crushing
stone that is well known and documented for causing respiratory illnesses,
The applicant for permit must prove that there will be no injury or harm to
health from the mining operations to surrounding neighbors and property
owners.
Hello