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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />October 22, 2010 <br />Mr. Ross Bachofer <br />P.O. Box 652 <br />La Salle, CO 80645 <br />Re: Complaint Letter - LG Everest, Inc. - Permit Numbers M-1999-120 and M-2002-104 <br />Mr. Bachofer: <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division of Reclamation, Mining and Safety (DRMS) has completed our review of the concerns indicated in your <br />complaint letter dated August 3, 2010. Your complaint asserts that slurry wall installation at the gravel pits across the river <br />from your residence may be causing elevated river levels on your property. Your letter provides reference to a newly <br />released USGS publication. Your letter also requests that any bond release actions for the adjacent pits should be delayed <br />pending resolution of the issues cited in your letter. <br />The DRMS conducted an evaluation of the situation, and the enclosed memorandum dated October 22, 2010 presents the <br />results of the evaluation. Based upon the information available at this time, the DRMS is not able to conclude that local <br />gravel pits are causing the reported flooding at your property. The DRMS cannot take any regulatory action in this matter <br />without direct evidence to support a cause and effect relationship between the gravel pits and the reported flooding at <br />your property. <br />As previously indicated in our August 25, 2010 letter to you, we are not aware of any bond release applications for the <br />above-referenced pits at this time. Any future bond release objections would need to occur once a formal request for bond <br />release is actually submitted by the adjacent permit holders. <br />Also as previously indicated in our August 25, 2010 letter to you, we forwarded your complaint to the permit holder for the <br />adjacent pits (L G Everest, Inc.) for their review and response. A response from Deere and Ault Consultants, i?ic. dated <br />September 22, 2010 is included with this letter. <br />We also enclose the materials that you previously provided to the DRMS for your files. We have retained <br />of these materials. <br />Please contact the DRMS with any questions. <br />Sincerely, <br />C% <br />David Berry <br />Director, Office of Mined Land Reclamation <br />Division of Reclamation, Mining and safety <br />CC: Tony Waldron <br />LG Everest <br />Dick Wolfe, P.E., State Engineer <br />is copies <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines