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~ III III IIII II I II I III TMC WATERFORD PLACE, LLC 1199 Eagle Drive Loveland, CO 80537 970.667-1000 Faz: 970fi3S2514 SENT CERTIFIED MAIL May 26, 2000 Julie Goettemoeller, Senior Land Manager Western Mobile 1590 West 12th Avenue Denver. Colorado 80204-3410 RECEIVED MAY 3 0 2000 Re: Loveland Pit Dear Julie, Division of Minerals ~ Geology I received your letter dated 16 May 2000 regarding LaFarge's application for a Regular Construction Materials Operation Permit for the project known as the Loveland Pit (DMG File No. 2000- 034). We are even more disturbed at your disregard to our previous comments and will raise this matter to a higher level of importance with the documentation enclosed with this letter. See letter dated 28 November 1994 from Dan Gregory of ENSR Consulting attached. As you see we worked very closely with the City Flood Plain Administrator and Rex Bums of Larimer County, who provided me with the map, for our parcel located directly and on the same boundary as the Loveland Pit. Even more compelling for our argument by your statement in Paragraph 4 of your letter, that the study completed by Resource Consultants Inc. was never officially accepted is not correct. I have highlighted several sections of Flood Insurance Study for the City of Loveland that was faxed to Dan Gregory from FEMA on 7 February 1995. The highlighted sections reference the incorporation of the 1981 RCI study into the revised flood insurance study. Looks to me like FEMA has adopted the study, at least for the City of Loveland. I also reference you to the letter dated 13 September 1995 where the City of Loveland Flood Plain Administrator guided our company in reaching our GDP site plan dated 18 October 1995 which calls out the floodway and floodplain lines as accepted by the City of Loveland. The FEMA map dated 1979 you are using for your current study is not correct, based upon all the information we received from FEMA, Larimer County, the City of Loveland and our consultant, Mr. Dan Gregory of ENSR. Before you go any further, I request a meeting with FEMA, Larimer County, the City of Loveland, your company representatives and ourselves to settle this matter before you jeopardize our property located in the City of Loveland by your past and future operation. I anxiously await a meeting time when all the above entities can get together. Please respect our property rights before this situation gets out of hand. Sincerely, ~-~~,.,,..-J,-U, ~ .ti, 4 ~aJeJ„ Don Marostica, Manager Enclosures cc: /Colorado Division of Minerals (Certified) Sean Wheeler, Larimer County Matt Dulcich, City of Loveland Donald Taranto, TST, Inc (Certified) Robert Simon, PhD, Simons & Associates, Inc. Rex Bums, Larimer County Engineering Bryon Horgen, City of Loveland Richard Connell, Connell Resources, Inc.