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<br />L.G. EVERIST, INC. <br />? M4 <br />April 10, 2009 <br />CORPORATE OFFICE <br />300 S. PHILLIPS AVE. • SUITE 200 <br />P.O. BOX 5829 <br />SIOUX FALLS, SD 57117-5829 <br />PHONE 605-334-5000 <br />FAX 605-334-3656 <br />MOUNTAIN DIVISION <br />7321 E. 88TH AVENUE • SUITE 200 <br />HENDERSON, COLORADO 80640 <br />303-287-9606 <br />FAX 303-289-1348 <br />Fi1,11 ^ /'.,..J <br />Mr. Eric Scott <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Sent via Certified Mail # 7007 3020 0001 1230 6172 <br />70 <br />RE: Technical Revision Request for Fort Lupton Sand & Gravel, M-1999-120 <br />Dear Eric, <br />We respectfully request a Technical Revision to the Fort Lupton Sand And Gravel Mine, <br />permitted as M-1999-120. We have included a check for $216.00 to cover the filing fee. <br />T <br />For this Technical Revision, we request that the Division allows full financial and performance <br />warranty permit release of reclaimed portions of the Fort Lupton site in a less than fully <br />vegetated state. L.G. Everist is not requesting any change to the mining or reclamation plans of <br />the Fort Lupton site permit, just the timing of the permit release. L.G. Everist will remain <br />responsible for all mining and reclamation up to and including the initial seeding which begins <br />the revegetation process for each reservoir. <br />Representatives of L.G. Everist, Inc. and the City of Aurora (Aurora) discussed the reason for <br />this technical revision request with you recently at the Division offices. As we explained, L.G. <br />Everist has entered into a Purchase and Sale Agreement with the City of Aurora in which Aurora <br />has agreed to acquire the water storage reservoirs and properties that make up the Fort Lupton <br />Sand and Gravel Mine. As the mining and reclamation progresses, Aurora will be taking <br />ownership of the reclaimed water storage reservoirs and associated properties. The first water <br />storage reservoir - the Golden Phase - is scheduled to be sold to Aurora in June, 2009. Aurora <br />is designing a pump station, associated pipelines and outfall structures on the Golden Property <br />for its post-mining beneficial use of the water storage reservoirs. Construction of these facilities <br />is scheduled to commence in the fall of 2009. <br />For ease of coordination and construction, Aurora is willing to accept the Golden Phase and all <br />subsequent reclaimed water storage reservoirs and the associated properties (that make up the <br />Fort Lupton Sand and Gravel Mine) that Aurora has or will purchase from L.G. Everist in a less <br />than fully vegetated state. L.G. Everist will mine and reclaim each phase up to and including the <br />initial seeding. At that point of nearly complete reclamation, L.G. Everist will request a partial <br />permit release from the DRMS for the reclaimed phase. Upon DRMS approval of the <br />reclamation in a less than fully vegetated state and the following partial permit release, Aurora <br />will take over the property as is and ensure that final revegetation occurs on the property after <br />the transfer has taken place. <br />FL-DRMS-TR04-RegReclamChange-041009.doc - Sent via Certified Mail # 7007 3020 0001 1230 6172