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C16 12- <br />April 22,2011 <br />Mr. Tony Waldror(/ <br />Division of Reclamation, Mining and Safety <br />131.3 Sherman Street, Room 215 <br />Denver, CO 80203 <br />.CEIVED <br />R 212011 <br />I)ivision of Reclanlatlon, <br />Mining & Safety <br /> <br />4AGGREGATE <br />INDUSTRIES <br />Re: -1999-034 - Cooley Reservoir & Fulton Wildlife Area <br />roundwater Exposure/Bonding Status <br />Dear Mr. Waldron: <br />In response to your letter of April 30, 2010 regarding mining operations with exposed ground <br />water, Mike Refer and I met with you last Thursday, April 14 to discuss the status of Aggregate <br />Industries-WCR, Inc.'s (AI) compliance with reclamation and bonding requirements relative to <br />exposed groundwater at its Colorado sand and gravel mining operations. We appreciated your <br />time and assistance in addressing this matter. <br />As a follow-up to our meeting, this letter is provided to the Division for its records with specific <br />regard to the status of the above-referenced permit based upon one or more of the compliance <br />approaches identified by the Division, as follows: <br />The Division holds a financial warranty for installation of a slurry wall that meets <br />Division of Water Resources (DWR) requirements for preventing ground water exposure. <br />The lined reservoirs at this site have been approved by DWR and Al will be seeking a <br />bond reduction that accounts for such approval. <br />An approximate 22.4 acre groundwater pond, referred to as Jeronimus, is being backfilled <br />with wash fines in accordance with the approved DRMS permit. DWR has approved <br />14.7 acres of this pond as pre-1981 and does not require augmentation. With regard to <br />the remaining 7.7 acres of post-1981 groundwater exposure, Al has provided an affidavit <br />dated January 25, 2011 to DWR that dedicates water rights owned by Al as replacement <br />water solely for AI's South Platte Combined Replacement Plan (CoSSP) for as long as <br />there are depletions at Al.'s gravel pit sites or until such time as another replacement <br />source is obtained. In the unlikely event that Al fails to fulfill its reclamation obligation <br />at this site, these water rights would be available for augmentation of any remaining post- <br />1981 acres of the pond. DWR's approval of the pre-1981 credits and the dedication of <br />water rights were noted in its March 21, 2011 approval of AI's 2011 CoSSP; a copy of <br />Aggregate Industries <br />West Central Region, Inc. <br />1707 Cole Blvd., Suite 100 <br />Golden, CO 80401 <br />Telephone: 303-985-1070 An Equal Opportunity Employer