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DEERE & AULT <br /> October 9, 2017 <br /> Mr. Elliott R. Russell <br /> Environmental Protection Specialist <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 80203 <br /> Re: Notice of Non-Compliance, Pueblo East Pit,Permit File No. M-2000-041; <br /> D&A Job No. CG-0183.021.00 <br /> Dear Mr. Russell: <br /> This letter has been prepared in response to your Notice of Non-Compliance to Mr. John P. Ary <br /> of September 11, 2017. Fremont Paving & Redi-Mix, Inc. (Fremont) has hired Deere & Ault <br /> Consultants, Inc. (D&A) to respond to your letter and help them come into compliance on <br /> groundwater monitoring issues. <br /> BACKGROUND <br /> On July 17, 2014, the Division received the groundwater monitoring plan associated with AM- <br /> 01. This plan was part of an overall voluntary agreement between Stonewall Springs Quarry <br /> (Stonewall), LLC; Fremont; and the landowner to the west, Southwest Farms, Inc. (Southwest <br /> Farms). A dispute had arisen between Fremont, Stonewall Springs Quarry and Southwest Farms <br /> about the effect that dewatering the gravel mine within the Stonewall property has on Southwest <br /> Farms. <br /> In order to settle the dispute, besides performing monitoring, Fremont voluntarily agreed to <br /> construct 2,700 linear feet of pipeline up to the Excelsior Ditch for Southwest Farms. This was <br /> indeed constructed for Southwest Farms in August 2014, but was never operated by them. In <br /> addition, Fremont and Stonewall agreed to a voluntary groundwater monitoring plan. Shortly <br /> thereafter, Southwest Farms sold the property on August 7, 2015 to EWSDI, LLC (a marijuana <br /> production facility). Unfortunately, between the pipeline construction that was never utilized by <br /> the disputer,the lack of any request for ground water data by the disputer, and the sale of the <br /> property by the disputer, the groundwater monitoring was overlooked and not conducted as <br /> represented in AM-01. <br /> GROUNDWATER MONITORING <br /> D&A conducted groundwater level measurements on September 19, 2017 and Fremont on <br /> October 6, 2017. We were accompanied by four Fremont personnel on September 19 and <br /> 600 S Airport Road,Building A,Suite 205 <br /> Longmont,CO 80503 <br /> Phone 303-651-1468•Fax: 303-651-1469 <br />