2013-08-12_ENFORCEMENT - M2000067

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G � C- August 7, 2013 P 0"" �� Mr. John Roberts, State of Colorado „ ,r 13 Division of Mining and Safety 1313 Sherman Street, Suite 215 �IVISIONOFRECLAMATION Denver, CO. 80203 _MININGANDSAFETY - -- RE: Response to Permit # M- 2000 -067 — High Mesa Gravel — memo dated 7/15/13. First of all, let me apologize for not writing this sooner. After the first letter asking for an increase in bond, we were caught in a dilemma. We were negotiating a sale of the land to Golden Eagle Landing, a company that owns all of the land surrounding the gravel pit. They have plans for a 25 unit subdivision, each with 35 acre lots, open space etc. I have attached a copy of their plat map as designed to show that lots 10 thru 24 are on the High Mesa Gravel property (as outlined in green). Our initial plan to close by 7/1/13 fell by the way -side and they have moved the closing date to 12/1/13. Therefore, we have had a second thought that may resolve all of issues. I met with Lance Gross of Gross Excavating Company, on 8/1/13 and he feels we should do several things to eliminate any issue. First, he has started to move the huge pile of gravel that is in the way of remediation. Secondly, we should make sure our permit remains valid for the gravel pit in case the property does not close. Third, he will complete all of the remediation work EXCEPT seeding since he wants to put in the rough roads with the gravel to eliminate the piles on the property. Seeding will take place after the roads are in. If they do not close, we will then be able to submit a plan to make the gravel pit operational. We will return the pit to it's present condition only AFTER notifying you and paying the full amount of the bond. I am enclosing memos from Wells Fargo showing that we (Tim Patterson and myself have well over $2,000,000 in the bank, including the fact I have a personal line of credit for $1,750,000). It's about the fact I have to complete the remediation except seeding within 45 days of closing so either way, so we are gambling that this will go through. Please note that Lance Gross asked that he be able to meet someone from your department at the site as soon as possible so he can go over the remediation plan. He wants to make sure he fully understands what the State wants and see if it can work into the plans of Golden Eagle Landing, LLC. so no duplication of work is completed. His # is on the memo I received from him on 8/1/13. Should you have any additional questions, please feel free to call me at 970 - 985 -0671.