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111Uc 13 <br /> 12/15/15 to file the required Amendment. Total time from first Equity Funding notice to <br /> determination order was 1,658 days. <br /> On it goes, on 12/16/15 (a Tuesday), AMO1 is filed one day late. It seems to take TR05, add the <br /> necessary other exhibits and refiled it as an Amendment. This took them another 63 days after the <br /> Determination hearing. The Amendment is deemed complete on 12/31/2015 or 4.76 years after we <br /> first notified Aggregate Industries that there was a problem with groundwater mounding on our <br /> property and there is no end in sight. <br /> In a recent overture to Aggregate Industries to clear this up I offered to sell them the property at a <br /> reasonable cost to recover the money and time 1 have spent trying to get the property back to its pre <br /> 2005 conditions. This offer included the fair market value to the land prior to their flooding it. <br /> They did not have the courtesy to reply to the offer. In reality, during all this time it appears that <br /> Aggregate Industries has made the necessary filings late or asked for more time for no valid reason, <br /> while we have not had use of our property. If you go back to when Aggregate Industries should <br /> have seen the problem developing(2/4/05)then it took them 10 years 11 months and 11 days to file <br /> a mitigation plan that does not appear to return the groundwater elevations to close to their historic <br /> levels on my property. <br /> We are now faced with at least 6 months more of waiting for them to take a productive action and if <br /> it does not work the clock starts over while trying to get them to fix the problem. In their <br /> Amendment, they say the facility will be turned over to the City of Thornton and if this happens <br /> during the time we are waiting for any relief, Al will claim it is not their problem because the <br /> Mined Land Reclamation Board approved their plan. The other scenario we see is that they ask for <br /> bond release on the grounds that Thornton will continue to develop the reservoir so reclamation is <br /> assured. Past experience shows that if this is done the municipality (who do not post bonds) will <br /> just ignore the complaints and delay until everyone is dead. In the 2015 annual report they said all <br /> mining would be completed by 12/31/15. We believe that, that indicates they plan to transfer the <br /> permit to Thornton in the near future to free themselves of having to deal with fixing the mounding <br /> problem and if it is not resolved by this Amendment we will be left with the loss of use of our <br /> property and its value. <br /> I am confident that the Board will see my patience over the past 4.76 years and require Aggregate <br /> Industries to return my land to a usable condition with no further delays or continuances. We will <br /> look forward to discussing our concerns with the Mined Land Reclamation Board. If the staff has <br /> any questions or needs more information please contact me or Steve O'Brian of Environment, Inc. <br /> and we will try to provide it. <br /> Sincerely, <br /> 2Ety Funding L L C <br /> rr <br /> Manager <br /> Encl. <br /> cc: Environment, Inc. <br />