Laserfiche WebLink
i <br /> 1640 Grant Street,Suite 300 <br /> Denver,Colorado 80203 <br /> (303)298-8603 <br /> Fowler I Schimberg I Flanagan I McLetchie" <br /> October 10, 2017 <br /> Via US Mail and e-mail <br /> Douglas R. Merek(Douglas.Merekna rg eeleY ov.com) <br /> City Attorney <br /> 1100 loth Street, Suite 401 <br /> Greeley, CO 80631 <br /> Re: 83rd Joint Venture Site (DRMS Permit No.M-1992-069) <br /> Dear Mr. Marek: <br /> Your letter dated October 5, 2017 states that it is in response to a May 26, 2017 letter sent <br /> by Aggregate Industries (AI). Your October 5 letter is the first response we have received with <br /> regard to AI's letter, in which Al requested an opportunity to meet with representatives of City <br /> of Greeley(Greeley) and Boyd Irrigation Company (Boyd) to amicably and equitably resolve <br /> issues raised by Greeley and Boyd, as well as the issue of AI's use of Boyd Freeman ditch shares <br /> or an alternate source of water via a lease with Greeley for water augmentation at the 83"JV <br /> Site. <br /> While your letter states that Al has made no showing of its intent to repair and armor the <br /> gravel pit slope in the flood breach area on the west boundary nor has made any movement <br /> toward Greeley and Boyd's position regarding the extent of AI's obligations beyond repairing <br /> and armoring the gravel pit slope,AI's May 26 letter and request to meet was in fact an attempt <br /> to move forward on these issues. Al specifically stated that it is willing to further discuss the <br /> extent of such repairs, and in conjunction with that discussion, proposed to resume dialogue <br /> regarding the Water Lease that was being negotiated during 2015 and early 2016. During a <br /> meeting with Greeley and Boyd on January 14, 2016, at your offices, it was Aggregate's <br /> understanding that the proposed Water Lease as discussed during that meeting would be <br /> presented to the Greeley Water Board for consideration; however, to the best of Aggregate's <br /> knowledge, Greeley and Boyd did not present the lease. Rather than continue to negotiate, <br /> however, Greeley and Boyd decided to file complaints with Division of Reclamation, Mining <br /> and Safety(DRMS) by letters dated May 27, 2016 in hopes that DRMS would issue a notice of <br /> violation to Al with regard to Permit No. M-1992-069. <br /> Without having had the courtesy of a response from Greeley and Boyd and an <br /> opportunity to meet as requested by Al, Al has not proceeded with its slope repair. Assuming <br /> that the various issues could be resolved,which potentially could include a negotiated agreement <br /> as to the extent of repairs Al would, without admitting any liability, make beyond its pit slope, <br /> TIMOTHY J.FLANAGAN <br /> Direct:(303)285-9323 <br /> t-flanagan@fsf-law com <br />