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December 28, 2011 <br />Mr. Tony Waldron <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />'1 C 2 ?Ol1 <br />AGGREGATE <br />INDUSTRIES <br />Re: M -1992 -069 — 83 Joint Venture (F Street) - Groundwater Exposure/Bonding Status <br />Dear Mr. Waldron: <br />In its April 26, 2011 letter to the Division of Reclamation, Mining and Safety (DRMS) <br />regarding compliance with reclamation and bonding requirements relative to exposed <br />groundwater at the above - referenced operation, Aggregate Industries -WCR, Inc. (AI) <br />advised that, in accordance with the original permit application documents as well as AI's <br />Mineral and Surface Lease for the property, the site's property owner, 83 Joint Venture, <br />has the long -term water augmentation responsibility for this site and planned to use 240 <br />shares of Boyd Freeman Ditch and obtain additional water rights necessary to cover all <br />water obligations associated with the reclaimed open ponds. Additionally, AI advised <br />that the Division of Water Resources (DWR) required as a condition of approval of AI's <br />2011 combined substitute water supply plan that an application for a permanent plan of <br />augmentation be filed with the Water Court by December 31, 2011. AI therefore <br />proposed to either provide to DRMS verification of 83 Joint Venture's filing of the <br />water court application or submit for a bond re- calculation by December 31. <br />During the course of 2011, the 83 Joint Venture Boyd Freeman ditch shares were sold to <br />the City of Greeley subject to AI's rights under the Mineral and Surface Lease. The City <br />has acknowledged AI's rights to continue to use the ditch shares in its temporary <br />substitute water supply plan; however, since conveyance of 83 Joint Venture's water <br />rights to the City did not include conveyance of the land for which the permanent plan of <br />augmentation is required, the City has advised that the shares will not be available to 83rd <br />Joint Venture for its responsibility for implementing and complying with the <br />requirements for the post - mining permanent plan of augmentation for the property. <br />As the Boyd Freeman ditch shares are no longer available to 83 Joint Venture for its <br />obligation to provide a permanent plan of augmentation for the site, AI will review with <br />83 Joint Venture their options for either backfilling the site to cover exposed ground <br />water or installing a clay liner or slurry wall that meets DWR requirements for preventing <br />Aggregate Industries <br />West Central Region, Inc. <br />1707 Cole Blvd., Suite 100 <br />Golden, CO 80401 <br />Telephone: 303 - 985 -1070 <br />An Equal Opportunity Employer <br />