2009-05-04_REVISION - M1999120

• Permit No: M1999120
• IBM Index Class Name: REVISION
• Doc Date: 5/4/2009
• Doc Name: Request for Partial Release
• From: L.G. Everist, Inc.
• To: DRMS
• Type & Sequence: AR2
• Email Name: ECS
• Media Type: D
• Archive: No

L.G. EVERIST, INC.
May 4, 2009
Mr. Eric Scott
Environmental Protection Specialist
Division of Reclamation, Mining and Safety
1313 Sherman St., Room 215
Denver, Colorado 80203
Delivered via Hand Delivery
CORPORATE OFFICE
300 S. PHILLIPS AVE. • SUITE 200
P.O. BOX 5829
SIOUX FALLS, SD 57117-5829
PHONE [phone]
FAX [phone]
MOUNTAIN DIVISION
7321 E. 88TH AVENUE • SUITE 200
HENDERSON, COLORADO 80640
303-287-9606
FAX [phone]
FiECEA EC
MAY 0 4 2009
Division o1 KdGatrlatlor,
Mining and Safety
RE: Request for Partial Release of Performance and Financial Warranties for Mining
Operations for Fort Lupton Sand & Gravel, M-1999-120 - Golden Phase only
Dear Eric,
L.G. Everist, Inc. requests a partial release of the financial and performance warranties of the
Fort Lupton Sand and Gravel mine, DRMS Permit M-1999-120. We are just requesting release
of the area known as the Golden Phase. The Golden Phase area is legally described as the
SW 1/4 of the NE'/4 of Section 30, Township 2 North, Range 66 West, in the 6th P.M., Weld
County, Colorado. L.G. Everist, Inc. is the sole landowner of this property, and our address is
7321 East 88th Avenue, Suite 200, Henderson, Colorado, 80640.
As you know, the reclamation plan for the Fort Lupton Sand and Gravel mine is multiple water
storage reservoirs. The Golden phase of the Fort Lupton site has been fully mined and
reclaimed as per our approved reclamation plan. The reclamation of the Golden phase includes
the construction and certification of the slurry wall, the backfilling, sloping, grading, and the initial
seeding. The seeding was completed in April and a copy of the invoice and ticket are attached.
Please see the two Reference paragraphs below for more details.
Reference - Golden Phase bonding: In January 2009, the bond monies associated with the
slurry wall around the Golden phase were released. The slurry wall had been previously
certified by the State Engineer. The slurry wall bond release came in conjunction with a bond
increase for other parts of the site as part of Technical Revision TR-3. We are including copies
of two relevant documents for easy reference: (a) the Division's TR-3 approval letter releasing
the bond monies for the Golden slurry wall, and (b) the State Engineer's certification letter
approving the slurry wall lining. This release request is for the remaining bond (financial
warranty) and performance warranty on the Golden phase.
Reference - Golden Phase vegetation requirements: In anticipation of the approval of the
Technical Revision (TR-4), dated April 10, 2009, we are making this request for the release of
the remaining financial and performance warranties associated with the Golden phase prior to
full revegetation. In that Technical Revision, we requested that the Division grant full financial
and performance warranty release of reclaimed phases of the Fort Lupton site in a less than
fully vegetated state. The justification for the Technical Revision request was because the
permit holder, L.G. Everist, Inc., and the City of Aurora (Aurora) have entered into a Purchase
and Sale Agreement in which Aurora has agreed to acquire the water storage reservoirs and
FL-DRMS-PartialReleaseReq-Golden-050409.doc - via Hand Delivery