2017-08-01_INSPECTION - M2008082

• Permit No: M2008082
• IBM Index Class Name: INSPECTION
• Doc Date: 8/1/2017
• Doc Name: Complaint Response
• From: Boral Aggregates
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

B oral = • '
READY MIXED CONCRETE COMPANY Aggregates
11778 Highway 52
Ft. Lupton,Colorado 80621
Main: [phone]
VIA HAND DELIVERY ONLY
August 1, 2018
Mr. Eric Scott, Environmental Protection Specialist
Division of Reclamation, Mining and Safety
Colorado Department of Natural Resources
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Morton Lakes, Permit M-2008-82, AMO1
July 19, 2017 Complaint Pertaining to Ruiz/Birmingham Drainage Area
Dear Eric:
This letter addresses a complaint received by your office on or about July 19, 2017 from the
residents at 130 W. Hill Court, Fort Lupton, Colorado (Billy and Christina Cook). The residents'
concern pertains to water in a drainage area located on property at 110 W. Hill Court (owned by
Ramon Ruiz), 71 Kahil Place (owned by Laura Birmingham) and on property owned by the City
of Fort Lupton. Ready Mixed Concrete Company (RMCC)has been in direct contact with Mr.
Ruiz, Ms. Birmingham and Fort Lupton during the course of the summer regarding the drainage
area. Until your recent notice to us of the Cook compliant, we had not heard from the Cooks or
understood their concerns regarding the drainage area. Attachment to this letter is a print-out
from the Weld County Assessors website that shows the location of the drainage area on the
Ruiz/Birmingham properties relative to properties (like the Cook property) located adjacent to,
but not on, the drainage area. The portion of the drainage area owned by Fort Lupton lies
immediately south of the Birmingham property (and is connected to it by a culvert). Based on
our review, the drainage area does not appear to encroach on the Cook property.
The following provides your office background information regarding RMCC's mining
operation under the above reference permit and information concerning the seasonal source of
water in the drainage area on the Ruiz/Birmingham/Fort Lupton properties.
Mining and Reclamation of the Holton and Morton Properties
The Holton Family, LLC ("Holton") owns approximately 320 acres of land east of Highway 85
in parts of Sections 6 and 7, Township 1 North, Range 66 West of the 6th PM, Weld County(
"Holton Property"). On August 26, 2005, Holton and RMCC entered into an option agreement
under which RMCC obtained from Holton the right to purchase sand and gravel in place on the
Holton Property and the right to utilize any existing water rights used in connection with the
Holton Property, or otherwise available to Holton, to aid in RMCC's possible future mining and