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Home My WebLink About20193961.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Global Asset Recovery Case Number 00Z19-0001 Submitted or Prepared Prior to At Hearing Hearing 1 SP0 Diana Taylor, in Opposition dated April 18, 2018 2 SP0 Jerry Winters & Dixie Ann Hoffner in Opposition dated July 9, 2019 3 SP0 Joe Lee Parker, in opposition dated July 16, 2019 4 Law dated Office July 17, of Lyons 2019 Gaddis on behalf of SPO David Bliss in opposition 5 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 C— Drone Image with Well Locations 1 Attachment D — Drone Image with Well Locations 2 _ Attachment e E Culvert Damage N. Balsam Avenue at "C" Street (CR 62) 6 Law opposition Office of dated Lyons Gaddis on August 19, 2019 behalf of SPO David Bliss withdrawing 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. Kim Ogle Planner Poi wtm frateign W / 8. /5 ALeci Stith, B(74/7/7//). /5 53 LPL) d C?� RFC APR ra: !‘. pr r 6-‘: 23 20M Id County Planning CaL, r�-wtz, 290‘ I act #M(/S77IL`D6-/‘,6 7),vtz-- Luc THE TRUST FOR PUBLIC LAND 1 ,:iso Ms. Diana Taylor 665 Balsam Ave Greeley, CO 80631 /vat eci9S: dad' Jeae-et d etomat Aaalr lanzli1/4204:r 7c‘ caa ,e4a/t o edro-idt Afar To eitts/wWL- aZtese ar46omverer acipA sa,„eza taztat D 6titeeeo an/ eweerneteentre caw .7.tadmi c.da. of}n froalle-se /WU5Rffr08a?6bo)wt#e4 an) c��2r-e� C1�v � �a 4fa4aJ I r de -test 4426e Zor b� liovidpoitarzebletlf ti• Ze vv# 6-a (1761-Agia 6F r r e it/Woe-es wait- I oiioIcztS Li/act,. eageratenr .cO Ent/ Zee /21 p 0, H. ■ athz At, otter" Cezieza- aoi6 0.. Jo \s.9 Awe oevurcm areenst_ .ce ,LZ-1 a awe, 1 h ewe, it-zz (Iv DAN)/ 1 I �i/athe itit,40631 Xteezz_ (4 6.5 Bakopzi7 7-eirtiut ..�� 9 Fawis in 76 ui-tex-n Q9Lea Cotot Q,n/ Cno..' oi aro( izentz Jcam go o-u./5Se, ez/ze,A 607,eieeza ) a/Le de771,),-1: 2 ou oft QZca• r i 2aedas4-3/7 doarbteX ohi tr) adgezny Ihiof toxic DOfrq) ,10; aoct 77- /d toae 20)4C. edornera. Vitt Eir, 011 ,61. 0 errs icer;°!Celm A ...sezniseod. Bat, yi ()DA atersto7L 51ziA mom, as) 8n694/ 9 54 ‘iq scArn � enznete;6460& zerireS4 �Crryx(c chart at July 9, 2019 Kim Ogle, Planner Weld County Planning Services 1555 . 17th Avenue Greeley, Co 80632 Wu. .-eldigov _cpm RE: Case No. 2 NLIUSR 19-06-11660 Case No. 0219-0001 Global Asset Recovery, LLC lobal 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 / of W 1 of Section 3, Township 5 North, Range 65 West, Weld County, Colorado Parcel 2 A part of W ' 2 of SW 'A of Section 34, Township 6 North, Range 65 West, Weld County, Colorado Parcel 1 lies east of and adjacent to Cherry Avenue which is across the road from the proposed open mining. In the NW 1,4 of the NW 4 is an irrigation on well that irrigates the 40 acres in Section 3. (Irrigation Well No. I) 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 wells 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 amount of water produced by the irrigation wells. If this happens, a highly productive irrigated farm could become dry land. EXHIBIT .i►At-fit Kim Ogles Planner Weld County Planning Services July 9, 2019 Page 2 We request that the planning department and commissioners keep in mind that our irrigation lvvel is 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 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 irrigation wells' water production; 3. That if the permit is granted, that mining not be allowed within 11000 feet of the irrigation welts; 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; That if the permit is granted, no ingress or egress be permitted along Chem/ Avenue from the mining (vest) side; 6. 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, _er �r Jerry D. Vvrinters 42 Willowcroft Drive Littleton, CO 80123 720-398-8849 Dixie Ann Heffner 30300 WCR 57 Gill, CO 80624 970-352-4654 JDW: sp pc: Eric Scott, Colorado Division of Reclamation, Mining & Safety Kelly Hodge, Global Asset Recovery, LLC f4�:\'ALL ferry planning It rdOcX, From: Joe Lee Parker ce r,, _� { 4 __c -> Sent: Tuesday/ July 16/ 2019 6:16 PM To: Karla Ford <kford@wekgov.com>; Kristine Ranslem <kranslem@weldgov.com>; Selena Baltierra <sbaltierra weldgov.com> Cc: sylviaparker09 a hotmail.com; Joe Lee Parker <weparker05@hotrail:corn>; Jim Parker <parkerjim.2 7 yahoo.com>; Jerry Parker <idppdap@grnaitecom> 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 C0Z19-0001 a n d 2MJUSR19-08-1660 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 <oepa rker-OS@hotrnai i.com> Sent: Wednesday, July 17, 2019 8:16 AM To: Kim Ogle <kogie@wefrigay.com> Subject: Re: CHANGE OF ZONE 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. EXHIBIT 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 <koale@weldgov.com>wrote: Hello, Thank you for your letter 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 17th Avenue Greeley, Colorado 80631 970.400.6100 Office 970.400.3549 Direct kogleweldeor.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. LYONS GADDIS ATTORNEYS S COUNSELORS Sean M. Stewart sstewartl orr ad r .corn July 17, 2019 Kim Ogle Weld County Planning and Zoning 1555 N. 17th Avenue Greeley, Co 80631 VIA EMAIL kogle@weidgov.com Re: OBJECTION TO 2MJ USRI9-084660 & COZI9-0001 Dear Mr. Ogle: Our firm represents David Bliss, the landowner of 404 N. Balsam Avenue, Greeley, Colorado 80631 (the ;`,Bliss Prop rte" ), 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 raining 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 grave( 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 Mr. 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 applicant's operating. it seems likely that in order to LYONS GADDIS KAHN HALL JEFFERS DWORAK & GRANT, PC 515 Kimbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978 Longmont 303 776 9900 l LoithUIe 720 726 3670 I web www.lyonsgaddis.com EXHIBIT lif LYONS CADDIS Sits. July 17 2019 Page 2 ATTORNEYS it COUNSELORS 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 circumstances, 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 CADDISGADDIS KAHN HALL JEFFERS DWORAK & GRANT, PC By: Sean M. Stewart August 12, 2019 Kim Ogle, Planner Weld County Planning Services 1555 N. 17th Avenue Greeley, Co 80632 RE: Case # 2MJUSR19-O8-1660 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) of Section 33, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado This parcel lies across the road from the proposed open mining. In the NE 1/4 of the SE 1/4 of Section 33 is an irrigation well that has irrigated 80 acres since 1955 or for the last 64 years. This well is 1290 feet from County Road 62 and the proposed mining operations. There are also two domestic wells used for lawn/garden/livestock near the farm house and barn less than 150 feet from County Road 62 and the proposed mining operations. Our principal concern is the potential adverse effect to our irrigation well. If this happens, it could significantly decrease the value of a highly productive irrigated farm. This should be made right to us in some way so that we can continue farming as we do today. We request that Weld County Planning Services and commissioners keep in mind that our irrigation well is adjudicated and has been used continuously for many years and has legal precedent over the proposed operations. We request and state the following: 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 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 all monitoring wells should be made available o nline 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 o n 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, n oise, 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 fa i l 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 R. Koehler Family 1001 East C Street Greeley, CO 80631 /kttaehmtnt Existing Well Owners and Well Locations alors-, Weld County Road 62 Distance from ' roposed Global pit Well Owner Well 't'' pie Man well ID Distance from Loloff Pit Status dwell _ Koehler Irrigation Ki 2420 1290 Koehler Domestic K2 1651 160 Koehler Domestic K3 2024 145 Hoshiko Irrigation Hi 1 Cary 5 years i - Winter 11sat10n W ► Bliss Irrigation B1 3622 2665 A Efick_QhleykQic\- °se M J -- a fcre w 1t3o.wer-ii sap. E c ST uwic 4-1 CO z �1 -alit Milli. WI 111 i at `t, a a t M or" 411041 bre Pk? Sato • Y a. al a +IL 41 is a 424,E, it. ell TACcallta tzf' 3:. irark3 bode 4 i - - -- - _- - - a cc 44J nee 4 z raiL IP 1 Etv 61 I :5 E:i464 gri5 Lcioficia. Van n r twee) c (clic ij A44athrce4 E T 44 case i5 ejo, D P 6415 .44-fri N 4L.e I a oaks 7 d l',4 a 0454 CAQ t.t 61 i 0 it tet f tar; c4 4, s it, 4 L,Uc e Le 2 J to ttik gii 75 LI," c �L! Vim- From; Sean M. Stewart c Stewart►onsgaddis.com> Sent: Monday, August 19, 2019 3:38 PM To: Kim Ogle ckogle weldgov.com> Subject: RE: Global Asset Recovery LLC Comments Caution: Th s:en ,*i G originated from outside. of Weld County Government ,DO ngt'click links=cr,open attachments: unless you recognize the sender and know the content's 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. Sc this is all to say Mr. Bliss does not intend to object to the special use permit or zoning change on Wednesday the 22nd. I wanted to let you and the planning commissioners know. Thanks, LYONS GA SksirS. ATTORNEYS i COUM$ELORS Sean Mi Stewart sstewart@Iyonsgaddis.com 515 Kirnbark Street, suite 200 Longmont, CO 80501 303 376.9900 EXHIBIT BITi col* ow) Hello