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<br />L.G. EVERIST, INC. <br />June 19, 2009 <br />acs y <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 />SAND <br />"?K MOUNTAIN DIVISION <br />7321 E. 88TH AVENUE • SUITE 200 <br />HENDERSON, COLORADO 80640 <br />303-287-9606 <br />FAX 303-289-1348 <br />OM <br />Mr. Clay Kimmi <br />Weld County Publictorks UN 2 2 2009 <br />1111 H Street <br />DitiMiolgf a 'd? tY A. <br />Greeley, CO 80632 <br />. <br />_0? <br />RE: Release of Golden phase, Fort Lupton Sand & Gravel, DRMS Permit M-1999-120, <br />Weld County AmUSR-1255 and AmFHDP-355 <br />Dear Clay: <br />s a follow-up to our telephone discussion last Friday (06/12/09), L.G. Everist, Inc. is writing to <br />,orma ly respond to your letter of June 9, 2009, sent to Eric Scott of the Colorado Division of <br />Reclama Ion fining and Safety (DRMS). In your letter, you noted some floodplain requirements <br />and concerns related to the DRMS's partial release of the Golden property of L.G. Everist's Fort <br />Lupton Sand and Gravel Mine. With this letter, we shall reiterate what was discussed last <br />Friday, including clarifying L.G. Everist, Inc.'s intentions at the Fort Lupton Sand and Gravel <br />Mine, and clear up any miscommunications that may have unfortunately occurred. <br />The Fort Lupton mine is under the following permits, as applicable to items addressed in this <br />letter: Colorado DRMS 112 Reclamation Permit M-1999-120, Weld County Use By Special <br />Review AmUSR-1255, and Weld County Flood Hazard Development Permit AmFHDP-355. <br />On May 18, 2009, the Colorado Division of Reclamation, Mining, and Safety (DBMS) approved <br />a partial release of the Fort Lupton Sand and Gravel mine, DRMS Permit M-1999-120. The <br />partial release was only for the Golden phase which (a) is approximately 36 acres, (b) is only <br />one part of the Fort Lupton Sand and Gravel Mine site, and (c) is one of many separate legal <br />parcels making up the permitted area. The majority of the Fort Lupton site is still being mined <br />and reclaimed, and is covered by a bond of $997,872.00. <br />The Golden phase has been fully reclaimed as a lined water storage reservoir in compliance <br />with the Colorado DRMS permit, and the County USR and FHDP permits. We do not know <br />where the misinformation about permanent berms came from, but we can assure you that there <br />are no berms on the Golden property, and no plans for permanent berms in other parts of the <br />Fort Lupton site. An attached copy of the most recent DRMS Reclamation Plan (Dec-2007) <br />shows no berms at final reclamation of the site. Please note that L.G. Everist has made no <br />changes to our approved reclamation plan or placed any permanent fill on the floodplain which <br />are the factors you listed that would require a detailed floodplain study and/or a Letter of Map <br />Revision to be submitted to FEMA. <br />We also discussed the future Partial Vacation (of the Golden phase) of AmUSR-1255, which <br />L.G. Everist is working on with Weld County Planning. L.G. Everist was going to do the Partial <br />Vacation of the USR immediately after the DRMS release. However, we have since decided to <br />maintain our USR over the Golden property to make sure that the property is protected from <br />outside interests until the City of Aurora is ready to take over the property with their own USR. <br />FL-W EL D-Golde nRelea se-061909. doc