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GILBERT Y. MARCHAND, JR., P.C. <br />ATTORNEY AT LAW <br />2737 Mapleton Avenue, Suite 202 :• Boulder, Colorado 80304 <br />phone: 303.444.4256 . fax: 303.444.5901 e -mail: gym @gymlaw.com <br />Alperstein & Covell, P.C., Of Counsel <br />September 29, 2014 <br />Via E -Mail <br />Andy Nicewicz <br />Environmental and Water Resources Attorney <br />City of Greeley City Attorney's Office <br />1100 10th St., Suite 401 <br />Greeley, CO 80631 <br />andy.nicewicz@greelcygov.com <br />cc: Peter S. Hays <br />Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />peter.hays@state.co.us <br />Re: Greeley's Sand and Gravel Mine, 25th Avenue Site, M- 2002 -020 <br />Dear Andy: <br />This letter replies to your August 22 letter, which responded to my August 8 letter <br />concerning the referenced matter. While efforts made by Greeley are appreciated, the Rodmans <br />are not receiving a full supply of water in accordance with their permitted uses. This letter <br />describes the current inadequacy, and proposes a meeting to work out an acceptable solution. <br />As background, the Rodmans' wells are permitted for 49 gallons per minute ( "gpm "), not <br />to exceed 15 acre -feet per year. The wells are included in the Cache La Poudre Water Users <br />Association Augmentation Plan. Prior to Greeley's dewatering operations, well production was <br />at least 32 gpm, and the Rodmans were able to meet their domestic and irrigation water needs in <br />a self - sufficient manner, without the burden of forced telephone calls to request a truck to deliver <br />more water, without the eye -sore of partially above - ground cisterns, and without having to run <br />the irrigation system more than once a day. <br />Pursuant to the mitigation plan associated with its February 2012 25th Avenue Site <br />Amendment, CDRMS Permit No. M- 2002 -020 ( "M- 2002 -020 Amendment "), "if dewatering <br />from the proposed amendment area directly affects the ability of surrounding wells to pump a <br />full supply of water in accordance with their permitted uses, the City of Greeley will take all <br />necessary actions to remedy the affects [sic] to the extent they were directly caused by operations <br />at the site." See Exhibit G of M- 2002 -020 Amendment. "Mitigation measures may include, but <br />