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<br />?M- 2?cz- jGy <br />DEERE & AULT <br />September 22, 2010 g% ^ oft CEIVED <br />"Ury <br />Mr. Jim Sittner SEP 2 3 2010 <br />L.G. Everist Dint yi?it>ngFji; <br />7321 East 88th Avenue, Suite 200 91 "Wy <br />Henderson, Colorado 80640 <br />Re: Letters from Mr. Ross Bachofer Regarding Flooding of Property East of the South <br />Platte River near the Everist Fort Lupton Mine; D&A Job No. CG-0201.003.00 <br />Dear Mr. Sittner: <br />As requested, we have reviewed letters from Mr. Ross Bachofer to the Colorado Division of Mine <br />Reclamation and Safety, the Colorado Division of Water Resources, the City of Aurora Water <br />Department, and the Weld County Public Works regarding flooding of Mr. Bachofer's property. Mr. <br />Bachofer's property is east of and adjacent to the South Platte River, south of Weld County Road 18. <br />The L.G. Everist Fort Lupton Gravel Mine with several mining cells is directly west and across the <br />river from Mr. Bachofer's property. Figure 1 shows the location of Mr. Bachofer's property and <br />L.G. Everist's mine, as well as existing slurry walls and monitoring wells maintained by L.G. <br />Everist. <br />We have also reviewed a document referenced by Mr. Bachofer, USGS Scientific Investigation <br />Report 2010-5019, Land-Use Analysis and Simulated Effects of Land-Use Change and Aggregate <br />Mining on Groundwater Flow in the South Platte River Valley, Brighton to Fort Lupton, Colorado, <br />2010. <br />Mr. Bachofer's basic contention is that the slurry walls at L.G. Everist has constructed at their Fort <br />Lupton mine to create lined water storage reservoirs from the mined cells are responsible for the <br />South Platte River flooding parts of his low lying property on the east side of the river. He further <br />contends that USGS Scientific Report 2010-5019 explains how the slurry walls cause the flooding. <br />In our professional opinion, Mr. Bachofer's problems with flooding of his land are in no way related <br />to or caused by L.G. Everist's mining operations or construction of slurry walls. This opinion is <br />supported by the following facts: <br />1. In accordance with regulations, L.G. Everist's mining operations have not altered the <br />floodplain of the South Platte River. <br />2. The South Platte River lies between the L.G. Everist property and the Bachofer property. <br />Hydrologically the river creates (and would be modeled as) a no-flow boundary between the <br />L.G. Everist property and the Bachofer property. Measureable impacts to the alluvial aquifer <br />from the mining and slurry wall construction are hydrologically limited to the west side of <br />the river. <br />600 S. Airport Road. Building A, Suite 205 <br />Longmont, CO 80503 <br />Phone: 303-651-1468 • Fax: 303-651-1469