2017-10-11_GENERAL DOCUMENTS - M1992069

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RECEIVED City cif OCT 11201 reele DIVISION OF RECLAMATION PINING AND SAFETY October 5, 2017 Timothy J. Flanagan Fowler, Schimberg, Flanagan & McLetchie, P.C. ,-" 1640 Grant Street, Suite 300 Denver, Colorado 80203 Dear Mr. Flanagan: I am writing in response to a letter dated May 26, 2017 from Aggregate Industries. I am addressing this response to you because you represented Al last time the parties met,but copying Michael C. Refer since the May 26th letter came from him. In that letter, Al promises to "repair and armor the gravel pit slope in the flood breach area on the west boundary." AI has made that promise repeatedly. (In fact, the statement made in the May 26th letter is identical to one made in a February 10, 2016 letter.) However, there has been absolutely no showing of AI's actual intent to fulfil this promise. Neither the City nor the Boyd Irrigation Company have seen any movement toward our position that AI's obligations extend beyond the bare minimum of repairing and armoring its own gravel pit slope, including: 1)repairing the pipeline carrying water for BIC back to its 2012 alignment; 2) reimbursing BIC and the City for their repair costs ; and 3) participating in the restoration of the City's F Street agricultural property. I will not repeat the analysis supporting the above requests; you have heard and seen it numerous times by now. The City and BIC have asked that our properties to be returned to the condition they would have been in were it not for Al's operations. We believe that Colorado law and AI's obligations under its DRMS permit require these actions. Sincerely, CITY OF GREELEY, COLORADO OFFICE OF THE CITY ATTORNEY Douglas R. Marek City Attorney cc: Michael C. Refer Jeffrey J. Kahn Peter Hays City Attorney's Office . 1100 loth Street,Suite 401,Greeley,CO 80631 (970)350-9757 Fax(970)350-9763 A City Achieving Community Excellence