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1. Sell the site to the City of Greeley. <br />PERMIT #: M -1992 -069 <br />INSPECTOR'S INITIALS: PSH <br />INSPECTION DATE: February 10, 2012 <br />Aggregate Industries is not in compliance with the Division's April 26, 2010 letter, which required all sand <br />and gravel mining operators to comply with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources. <br />The Division will not issue a possible violation for failure to comply with CRS 34- 32.5- 116(4)(h), Rule 3.1.6(1)(a) <br />and 6.4.5(2)(c) at this time. However, to avoid a future possible violation the Operator must continue to work <br />with the Division to account for the long -term groundwater exposure at the site. Three scenarios to gain <br />compliance at the site were discussed during the inspection. <br />The site owners, the Hills, attempted and failed to reach an agreement to sell the site to the City of Greeley in <br />2011. Mrs. Davis stated the Hills have contacted the City again to discuss the sale. The Division is willing to <br />allow Al six months from the mailing date of this inspection report to comply with the requirements of the <br />Division's April 26, 2010 letter ONLY IF the Operator submits signed documentation from the City of Greeley <br />on City letterhead within 30 days (March 25, 2012) of the mailing date of this inspection indicating the City of <br />Greeley is reconsidering purchasing the property from the Hills. <br />2. Transfer the permit to 83 Joint Venture as mentioned in the December 28, 2011 letter <br />The Division is concerned 83` Joint Venture does not have the resources to complete reclamation or the <br />financial resources to provide an adequate financial warranty to account for the exposed groundwater at the <br />site. 83 Joint Venture lost its Boyd- Freeman ditch shares due to failure to pay past due assessment on the <br />shares, which appears to indicate they would not be able to post the required financial warranty. The Division <br />will require evidence of 83 Joint Ventures ability to post an increased warranty in order to approve any <br />future succession of operator requests. <br />3. Submit an amendment and the appropriate financial warranty to the current permit, per Rule 1.10, to <br />install a slurry wall, clay liner or backfill the site to two feet above the groundwater level within 60 <br />days. This timeframe can be extended to 6 months if Al submits documentation indicating the City of <br />Greeley is reconsidering purchasing the property (Item #1 above). <br />30 days from the inspection report mailing date of February 24, 2012 = March 25, 2012 <br />60 days from the inspection report mailing date of February 24, 2012 = April 24, 2012 <br />6 months from the inspection report mailing date of February 24, 2012 = August 24, 2012 <br />Flood Damage Repair <br />The channel now connecting the west and east lakes have been regraded to a 3H:1V slope and the <br />configuration appeared consistent with the map included with technical revision 7. The gas line has been <br />relocated deeper within the easement and no longer exposed. The small pond located south of the east lake <br />was regraded to create 3H:1V slopes on all sides. The flood deposited sediment in the northwest corner of the <br />east lake. This area was to be reclaimed to wetlands to comply with the requirements of the Army Corps of <br />Engineers 404 permit. Al is working with the Corp to be released from the wetland mitigation responsibility <br />due to the flood damage. <br />Page 3 of 7 <br />