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Attn: Clay Kimmi, Weld County Public Works Date: 06/19109 <br />RE: Release of Golden phase, Fort Lupton Sand & Gravel, DRMS Permit M-1999-120, Weld <br />County AmUSR-1255 and AmFHDP-355 <br />As I explained last Friday, the City of Aurora is purchasing the Golden property from L.G. <br />Everist to use as water storage. Aurora is planning to purchase the other properties/phases <br />from the Fort Lupton site as L.G. Everist reclaims and releases them. Any improvements or <br />changes that Aurora is planning to make to the Golden property (and future properties) - and <br />which may or may not affect floodplain regulations - will not occur until L.G. Everist has received <br />a Partial Vacation of our USR for the Golden property and Aurora has taken over the property <br />with their own USR (and all associated requirements, including a FHDP). <br />Finally, L.G. Everist would like to address the recurring neighbor complaints about flooding that <br />we discussed last Friday, and you mentioned in your letter. As you know, L.G. Everist <br />addressed neighbor complaints, DRMS requirements, and Weld County FHDP conditions last <br />year with (a) the complete removal of the temporary topsoil stockpiles in the Golden property <br />(April 2008) and (b) a floodplain study done by Deere and Ault (dated 12/09/08). The floodplain <br />study proved-that our operations have no affects on flood flows. In your approval of the study <br />(dated 12/31/08), it was noted that "Weld County agrees that the Fort Lupton Sand and Gravel <br />Mine does not appear to adversely impact adjacent properties. In fact, in most of the cross <br />sections, the existing water surface elevations appear to decrease slightly when compared to <br />the pre-mining condition water surface elevations." <br />So, with all the work we did and having the matter seemingly cleared up last year, it came as <br />quite a shock to read the allegation in your June 9 letter that "Weld County is aware that the <br />berms around the Fort Lupton Sand & Gravel site have likely pushed floodwaters off onto <br />adjacent properties." We will repeat again - there are no berms on the Golden phase, and there <br />are no plans for permanent berms after reclamation anywhere on the site, and the flood plain <br />study (which was approved) proved that our mining operations are not affecting flood flows. <br />Furthermore, on June 4, 2009, a DRMS representative met with one of the neighbors on his <br />property and came over to inspect the Fort Lupton site immediately afterward. He found that <br />there was nothing on the Fort Lupton site that could be contributing to flooding of the neighbor's <br />property across the river. Please see the attached inspection report. <br />We hope this letter clears up the concerns and objections you have to the DRMS partial release <br />and to the future USR Partial Vacation, and we apologize for any miscommunications. We <br />would truly appreciate a response from you to clear up this record. Thank you. <br />If you have additional questions, Lynn Shults can be contacted by mail (address in letterhead), <br />by telephone at 303-286-2247, or by email at Imshults@lgeverist.com. <br />Sincerely, <br />Lynn Mayer Shults <br />Regulatory Manager <br />attachments: LGE Reclamation Plan Map for DRMS Permit (Dec-2007) <br />DRMS Inspection Report (06/04/09) <br />cc: Dennis Fields, Richard Schneider - L.G. Everist, Inc. <br />Kim Ogle - Weld County Planning <br />Eric Scott - Division of Reclamation, Mining, and Safety <br />F L-W E L D- G o I d e n R e l e a s e-061909. d o c