2016-06-02_PERMIT FILE - M1992069

• Permit No: M1992069
• IBM Index Class Name: PERMIT FILE
• Doc Date: 6/2/2016
• Doc Name: Complaint
• From: City of Greeley
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

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May 27, 2016
Via Certified Mail to:
Division of Reclamation Mining and Safety
Attn: Mr. Peter Hays
1313 Sherman Street, Room 215
Denver, CO 80203
v
RE: Complaint against Aggregate Industries, Permit No. M-1992-069
Dear Mr. Hays:
By this letter, the City of Greeley formally complains of the conduct of Aggregate
Industries (AI) for direct damage to City of Greeley property located north of F Street and west
of North 35th Avenue in Greeley and adjacent to the AI mining operations authorized in Permit
No. M-1992-069.
Previous to instituting this formal complaint, the City has made extensive efforts to both
mitigate future damage to its property and residents and also to enlist the direct action of AI in
remediating the damage and threat of future damage to the City's property. To that end, the City
has met with representatives from AI on multiple occasions. The City communicated at great
length with AI to address the City's serious concerns. AI has rebuffed those efforts and insisted
on the City's providing them with water rights to which they have no right. At this time, our
efforts to negotiate with AI have reached an impasse. AI has refused to take action to repair the
damage they have caused to City property.
Aggregate Industries permit for this site remains active. The DRMS retains the power to
investigate and enforce the terms of the permit and the statutory requirements pursuant to C.R.S.
§ 34-32.5-101, et seq. AI is required to comply with the conditions set forth in its reclamation
plan for this site. See C.R.S. § 34-32.5-116(1). The reclamation plan requires AI to protect areas
outside the affected land during reclamation. Id. at 116(4)(i).
The City of Greeley requests that DRMS investigate the failures of AI to comply with
their permit requirements and specifically their reclamation plan. The City of Greeley asks that
AI be made to comply with DMRS requirements by stabilizing the eroded gravel-pit
embankment on the west edge of the pit, armoring the western edge of their pit to prevent further
erosion of the City's property, and restoring the City of Greeley property to its previous
condition.
Water and Sewer Department . 1100 10th Street,Suite 300,Greeley,CO 80631 • [phone] Fax[phone]
A City Achieving Community Excellence