2012-08-09_REVISION - M1992069 - Laserfiche WebLink

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July 27, 2012 Mr. Dick Wolfe, State Engineer Division of Water Resources 1313 Sherman Street, Suite 821 Denver, CO 80203 AGGREGATE Re: MLRB Permit M- 1992 -069 — 83 Joint Venture Pit (aka F Street Pit) INDUSTRIES Temporary Variance of Compliance Requirements Regarding Replacement of Depletions from Sand and Gravel Mining Dear Dick: Thank you for your time the other day to discuss issues Aggregate Industries (AI) is attempting to address with regard to compliance requirements relative exposed groundwater at the above - referenced operation. In response to our discussion you indicated that a temporary variance of those requirements may be approved until such time as the various issues associated with the property can be sorted out and resolved. This letter is therefore being submitted as AI's formal request for such variance to be consistent with the filing requirements of the term of our Temporary Substitute Supply Plan (TSSP) through December 31, 2013. For the records of Division of Water Resources (DWR), the following summarizes some of the history related to the F Street Pit operation and the property: AI has completed mining and reclamation of the F Street Pit in accordance with the DRMS permit and the sand and gravel mining Lease with property owner 83 Joint Venture (83 JV), which included a post - mining, unlined pond with a water surface area of 67.1 acres. In accordance with the terms of the Lease, 83rd JV has the long -term water augmentation responsibility for this site and, as noted in the DRMS permit application documents, planned to use 240 shares of Boyd Freeman Ditch for water obligations associated with the reclaimed open pond and to obtain additional water rights as necessary to cover all depletions. In accordance with DWR's requirements, 83 JV also committed its Boyd Freeman shares during the term of the Substitute Water Supply Plan for the gravel mine facility and so long thereafter as required by the Colorado State Engineer (copy of January 31, 2002 Commitment of Water Supply enclosed). During the course of 2011, the 83 JV Boyd Freeman ditch shares were sold to the City of Greeley subject to AI's rights under the Mineral and Surface Lease. The City acknowledged Al's rights to continued use of the ditch shares in its temporary substitute water supply plan; however, since conveyance of 83 JV's water rights to the City did not include conveyance of the land for which the permanent plan of augmentation is required, the City advised that the shares will not be available to 83 JV for its responsibility for implementing and complying with the requirements for the post - mining permanent plan of augmentation for the property. Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone: 303 - 985 -1070 An Equal Opportunity Employer