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r <br />a <br />approved by operation of law because of a clerical mistake when a comment letter was not <br />timely mailed out to the mining company. If necessary, we can take this matter to the Board for a <br />resolution. <br />In any event, the landowners object to any reduction of the current financial warranty of <br />$680,000. If Lafarge is serious about leaving exposed groundwater, it should have filed an <br />application for a permanent plan of augmentation in the Division 1 Water Court three years ago <br />in accordance with your regulations. <br />Using Lafarge's most recent estimate of exposed groundwater surface area of 30.6 <br />surface acres and a pan evaporation rate of 2.5 acre-feet per surface acre, we compute that the <br />financial warranty should be increased by $1,530,000 (30.6 acres x. 2.5 acre-feet per acre x. <br />$20,000 per acre-foot of consumptive use water) if the current ponds are to be left exposed to the <br />atmosphere <br />The landowners want to make it clear that if Lafarge intends to operate in accordance <br />with what we interpret to be the approved Reclamation Plan and to continue a clean inert fill <br />operation, then we have no objection to an appropriate adjustment of the financial warranty <br />consistent with the Division's rules and regulations. <br />If the Division does determine to do an inspection of the premises, the landowner would <br />appreciate having a representative available. Please contact Ryan Carlson (303/457-2966) at <br />least 48 hours prior to any such site visit. <br />Thanks in advance for your cooperation. <br />Very truly yours, <br />kim;? <br />Timothy . Flanagan <br />t flanagan a fsf-law. com <br />TJF/clm <br />cc: Clay Carlson <br />Ryan Carlson <br />Steve O'Brian, Environment, Inc. <br />Anne Best Johnson, Lafarge <br />Timothy Power, Lafarge <br />Tony Waldron, Division of Mining, Reclamation and Safety