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e C S <br /> <br />L.G. EVERIST, INC. <br />May 18, 2009 <br />Ms. Lisa Darling <br />City of Aurora <br />Water Resources Division <br />15151 E Alameda Pkwy, 3rd Floor <br />Aurora, CO 80012 <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 605-334.3658 <br />MOUNTAIN DIVISION <br />7321 E. 88TH AVENUE • SUITE 200 <br />HENDERSON. COLORADO 80640 <br />303-287-9606 <br />FAX 303-289-1348 <br />RE., Acceptance of Reclamation of Golden Phase of L.G. Everlet, Ine.'s Fort Lupton Sand and <br />Gravel Mine, DRMS Permit M-1999420 <br />Dear Ms, Darling: <br />L. G. Everist, Inc. is requesting City of Aurora's signed acknowledgment of acceptance of the reclamation <br />as is of the Golden Phase of L.G. Everist, Inc.'s Fort Lupton Sand and Gravel Mine, M-1999-120. All <br />reclamation has been completed - including the backfilling, sloping, grading, and initial seeding. <br />As you know, we recently received approval from the Colorado Division of Reclamation, Mining, and <br />Safety (DRMS) for the Technical Revision TR-04, which states, "Modify final vegetation standard to allow <br />release prior to full vegetation establishment, all other reclamation standards remain in effect." We <br />received this approval in part due to our contract with Aurora, thank you. <br />To get ready for the upcoming sale of the Golden Phase/property to Aurora, L.G. Everist has requested a <br />full performance warranty and financial (bond) warranty release of the Golden Phase from the DRMS. A <br />representative of the DRMS has inspected the Golden Phase and found the reclamation acceptable, with <br />the exception of a small area at the bottom of the southern end of the pit. Aurora has expressed that the <br />bottom grading in this area is not of concern. DMRS is willing to grant quick approval of our release <br />request with the City of Aurora's acceptance of the reclamation of the Golden Phase as is. <br />Please provide a signature from a representative of Aurora to show acknowledgement of approval of the <br />reclamation as is of the Golden Phase. This acknowledgment does not change or nullify any previously <br />signed contracts, letters, or agreements between the City of Aurora and L.G. Everist. <br />Sinnceerrfely, <br />? ? "Ma <br />Ly ye Shuts <br />Regulatory Manager <br />City of Aurora Acknowl eme . <br />Signature, Date: <br />Representative: Lisa Darling, Ity of Aurora ater <br />FL-DRMS-Au rora-ame ptGoldenasi"51 809.doc