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ALPERSTEIN & COVELL, Pc. A T T O R N E Y S A T L A VV Gregg Squire September 10, 2004 Page 2 Aggregate states in its Application that if water users surrounding the pit are unable to pump their full water supply, Aggregate will take all necessary steps to remiedy ilie effects that are directly caused by the mining operations. Furthermore, Aggregate is seeking the required gravel pit well permit from the State Engineer's Office. Since the Association believes its well appears to be located within six hundred feet of the mining operation boundary, impacts are currently being addressed through a process provided by the State Engineer's Office, and the Association hopes to resolve the water issues with Aggregate through this process. However, if the parties are unable to come to a mutually acceptable resolution, the Association requests that the Division ensure proper safeguards are in place to protect the Association's use of its well. Second, the Association is concerned that upon completion of the mining operation, the reclamation plan may not be implemented. It is our understanding that Aggregate will be required to provide a financial warranty to the Division in an amount acceptable to the Division to ensure that when mining has ceased the reclamation project wi 11 be completed. The Association fears, however, that the amount set forth in Aggregate's application as the financial warranty may not be adequate to cover the costs of a reclamation plan that may be implemented decades from now. The Association seeks the Division's expertise to determine the appropriate amount and requiring it to be increased if necessary. In addition, the Association would like to ensure that in the event a different entity other than Aggregate takes over the mining operation, that it too will be held responsible for completing the reclamation of the property and providing an adequate financial warranty therefor. The Association. has been engaged in discussions with Aggregate about the well issue and is optimistic that the Association'sconcemsraisedinthislettercanberesolvedinformally. Nevertheless, the Association felt it was appropriate bring these matters to the attention of the Division, and pursuant to the Division's rules a written comments must be submitted by today's date. We appreciate your consideration of these comments and look forward to working with you and Aggregate on this matter. S~~^/v~Y You-rs_, q ~~-(yb' Andrea L. Benson alb/m cc: Frank Galicia, Wattenberg Improvement Association Timothy Flanagan, Esq., Attorney for Aggregate Industries - WCR, Inc.