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09/29/08 11:14 FAX 3032891348 L G EVERIST 10001/002 <br />L. G. EVERIET9 INC. <br />and Subsidiaries <br />DATE: September 29, 2008 <br />TO: Clay Kimmi, Weld County Public Works <br />CC: Peter Hays, ARMS <br />FROM: Lynn Shults <br />RE: Fort Lupton Sand and Gravel Mi <br />Hello Clay, <br />7321 E. 88v'Avenue, Suite 200 <br />Henderson, CO 8ow <br />telephone 303-287-4656 <br />facsimile 303-289.9348 <br />PAGES: Cover * 8 <br />FAX: 970-304-6497 <br />FAX: 303-832-8106 (CK and LS covers only; <br />FAX: 303-289-1348 <br />Flood Hazard Development Permit #355 <br />Thank you for sending a copy of the elevation certificate. I asked the superintendent about the anchoring of the <br />office trailer. He said that it is anchored and he will get me the documentation soon, which 1 will forward to you. <br />As per our discussion on September 26, 2008, 1 am sending information showing that the berms have been <br />removed from the eastern section of the L. G, Everist, Inc, (LGE) Fort Lupton Sand and Gravel Mine, in the area <br />called the Golden phase. This is the area that is closest to the South Platte river, and is the area that is across the <br />river from Mr. Ross Bachofer's property. <br />Briefly - Ms. Erica Crosby of the Division of Reclamation, Mining and Safety (DRMS) inspected our property <br />Fort Lupton site on February 28, 2008, upon receiving a letter dated January 16, 2008, from Brian Varrella of <br />Weld County Public Works, requesting a review of mining activities due to a complaint from Mr. Ross <br />Bachofer. When she inspected we realized that we had not noted in our permit that we would have stockpiles <br />in the Golden area, so we either had to do a Technical Revision to our DRMS permit to add the piles, or <br />perform a corrective action plan to remove a majority of them. We decided to do the corrective action, since <br />we are getting close to finishing that area, On March 10, 2008, we sent a corrective plan to Ms. Crosby <br />showing where the piles were and showing what we would be removing- We ended up removing all the piles, <br />and sent her a letter on April 14, 2008, with photographs showing that all the piles were removed- On May 6, <br />2008, we wrote another letter stating that we had completed the corrective action plan. On May 12, 2008, the <br />DRMS responded with a letter giving approval of our corrective action (of removing all the piles) and noting <br />that nothing else needed to be done, as we had made no significant changes to our permit. <br />Attached please find copies of the correspondence between LGE and DRMS mentioned above: <br />03/10/08 - Letter from LGE to DRMS - "Corrective Action Plan for Temporary Topsoil and Overburden <br />Stockpiles in Golden Phase of Fort Lupton Sand and Gravel Mine, Permit No. M-1999-120" <br />04114/08 - setter from LGE to DRMS - "Corrective Action Plan Completed at Fort Lupton Sand & Gravel Mine, <br />M-1999-120 (for removal of temporary topsoil and overburden stockpiles in Golden Phase) <br />05/06/08 - Letter from LGE to DRMS - "DRMS Inspection dated 2128108, Golden Phase of Fort Lupton Sand <br />& Gravel, M-1999-120" <br />05112/08 - Letter from DRMS to LGE - "DRMS Inspection date 2/28108, Problem resolution, Permit M-1999- <br />120„ <br />We will work with a consultant (probably Deere and Ault) to provide the documentation "showing that existing <br />stockpile berms and processing equipment are not causing a rise of more than 1 foot" and are not "causing an <br />adverse impact on adjacent properties." <br />Thank you for your guidance thus far. We w411 forward the additional documentation as soon as possible. If you <br />have any questions, I can be reached via telephone (303-286-2247) or email (Imshults@1geverist.com). <br />Sinc,prely, <br />4, , MQLI) ?? <br />Lynn Mayer Shults . <br />FL-FloodPmt-faxWeldCKJmmI-W29oa. doc