2011-09-14_GENERAL DOCUMENTS - M2004031

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dz 4 cik. September 13, 2011 Mr. Tony Waldron Division of Minerals and Geology Minerals Section 1313 Sherman Street Suite 215 Denver, Colorado 80203 Re: Flooded Land 7909 E. 104 Avenue Dear Mr. Waldron, EQUITY FUMING, LLC 5040 ACOMA STREET DENVER, CO 80216 -2010 OFFICE: (303) 295 -1216 FAX (303) 295 -1256 E -mail: FredsDeal @aol.com Henderson, CO. 'p 1 4 7011 Division of Reclamation, Mining and Safety This letter is in regards to the above referenced property that we own. It is a 4.49 acre parcel of land in the SW %SE% of Section 9, T -2 -S, R -67 -W, 6th PM Adams County Colorado, approximately 105th Ave. and the Fulton Ditch. This land adjoins Aggregate Industries, Inc., Hazeltine Mine (Permit # Nf -2004 -031). Their reclamation plan calls for development of the site as a water storage reservoir area with a slurry wall liner. Our property lies just east of the slurry wall liner installed by Aggregate Industries, Inc. in 2004. In addition, they redirected the Bull Seep to the east side of the slurry wall from its historic course to the west. Prior to Aggregate Industries, Inc. installation of the slurry wall liner in 2004, our property was dry with a rudimentary road system and a number of outbuildings. Please see EXHIBIT A and B. Since the installation of Aggregate Industries, Inc. slurry wall liner, our property has become unusable due to the amount of water accumulating on it. Most of the site is now a swamp area that was historically dry. In the spring of 2010, I contacted Mr. Mike Refer, Vice President of Aggregate Industries, Inc., to discuss the flooding of our property. He maintained that the flooding of our property was not the result of Aggregate Industries, Inc. slurry wall and that it was the direct result of the LaFarge and The City of Denver's activities approximately 1/4 mile to the north of our property. In the fall of 2010, we engaged Mr. Stevan L. O'Brian, President of Environment, Inc. and his company, to evaluate the site and attempt to determine the source of the elevated ground water problems on our property. After an on -site evaluation and review of Colorado State records it is his expert opinion is that the elevated ground water on our property was the direct result of the installation of the slurry wall adjacent to our property and the redirection of the Bull Seep east of its original location, which is now directly adjacent to our property, and that it was NOT caused by the activities of LaFarge /City of Denver's activities over 1,000 feet from our property. We have included Environment, Inc.'s report dated March 31, 2011, explaining their findings that there has been a steady increase of ground water elevations east of the mine since the completion of Aggregate, Industries, Inc. slurry wall. Combined with the relocation of the Bull Seep, our property has standing water on it most of the year. Photos included in the report show the condition of the property in 2004 (Exhibit A) before (1)