2017-07-05_GENERAL DOCUMENTS - M1992069

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City of Greeley v- Boyd Irrigation Company Water and Sewer Department 1100 10th Street, Suite 300 1100 1 Oth Street, Suite 300 Greeley, CO 80631 Greeley, CO 80631 RECEIVE® June 21, 2017 /JUL U b 2017 DIVISION OF RECLAMATION MINING AND SAFETY Tony Waldron Division of Reclamation Mining and Safety Director, Minerals Regulatory Program 1313 Sherman Street, Room 215 Denver, CO 80203 ac-,rrtf Re: Permit File No. M-1992-069, 83rd Joint Venture Dear Mr. Waldron: On April 6, 2017, representatives from the City of Greeley ("City") and the Boyd Irrigation Company ("BIC") met with you, Wally Erickson, Peter Hays, Tim Cazier, and Scott Shultz. We discussed the now quite familiar background of the erosion damage caused to our respective properties (the City's F Street agricultural property and BIC's ditch) by the operations of Aggregate Industries—WCR, Inc. ("Al") under your permit file no. M-1992-069 at its 83rd Joint Venture sand and gravel pit. At the conclusion of that meeting, you said that the Division would require Al to protect against erosion and repair damage caused by erosion at that pit and that the Division will be sending Al a "statement of problem." Instead, on June 1, 2017, in response to a request for a status update from Christie Coleman, Peter Hays wrote: "Regarding the status of the 83rd Joint Venture site, please see the email and attachment below from Connie Davis with Aggregate Industries." Unsurprisingly, the referenced letter was a continuation of Al's strategy of clouding the issue of its legal obligations under the above-referenced permit with discussion of a lease of water completely unrelated to the damage that Al has caused the City and BIC. The City has refused to enter this discretionary transaction with Al and will not change that decision. Yet, Mr. Hays seems to consider that by forwarding to us a letter that was actually addressed to us, the Division has dealt with this matter. In case the responsibilities of the Division have been overlooked, we call your attention again to Sections 34-32.5-116(4)(i) and (j) and 34-32.5-123(2) of the Colorado Revised Statutes as well as Sections 3.3.1(2) and 3.3.2(2)(b) of the Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. Those statutes and regulations provide in part that "all surface areas of the affected