2011-12-27_REVISION - M1999120 - Laserfiche WebLink

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L.G. EVERIST, INC. ROCK SOLID SINCE 1876 December 23, 2011 YMr. Eric Scott Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, Colorado 80203 Dear Eric, FL DRMS- TR- HillOakley- ResponseToDRMS- 122311 doc 7321 E. 88TH AVENUE, SUITE 200 HENDERSON, COLORADO 80640 PHONE 303 - 287 -9606 • FAX 303 - 289 -1348 tn te 2,01 - 2 011 RE: Resp 5 e to DRMS review of Technical Revision (TR -06) - Request for Reclamation Revision of Hill- Oakley Phase of Fort Lupton Sand & Gravel, Ma999 -120 Thank you for the quick response to our Technical Revision Request to revise the reclamation plan of the Hill - Oakley phase of the Fort Lupton Sand and Gravel Mine, # M- 1999 -120. L.G. Everist appreciates the comments that the Division has no objection to leaving the Eber property in the permitted area, or the removal of the oil /gas well peninsula from the Hill- Oakley reservoir area. L.G. Everist would like to retract one "future" request mentioned in our Technical Revision letter dated December 8, 2011. L.G. Everist mentioned that the City of Aurora would want this phase to be released prior to L.G. Everist being able to do initial vegetation in the spring of 2012. L.G. Everist retracts this request to waive initial revegetation requirements for early release that was mentioned in the TR letter. After internal company discussions, we realize that a complete acreage release of this phase is not required with our contract with the City of Aurora (which will create municipal water storage after the phases are released), but rather that L.G. Everist just needs to complete "substantial" reclamation in each phase prior to the sale of the property to Aurora. Substantial reclamation of the Hill - Oakley phase has been completed - the slurry wall liner has been approved by the SEO, and all backfilling, grading, and sloping is complete in the phase. We will continue to work toward complete reclamation by doing the initial seeding of the phase in the spring. L.G. Everist will submit a separate letter asking for Surety Reduction in this phase - the Hill - Oakley - and also for the Fort Lupton East phase - but only for the reclamation work that has been completed thus far. The slurry wall liners have been approved for both phases by the SEO, and all backfilling, grading, and sloping have also been completed in the phases. Finally, as you know, L.G. Everist has been working on an amendment to the Fort Lupton permit to add additional properties. Getting the amendment together has taken longer than we anticipated, but we expect to submit the amendment application in January-2012. In the amendment, L.G. Everist will set up alternative reclamation plans to address the varying requirements and needs of both the DRMS and Aurora, to make sure that L.G. Everist remains a good steward of the land, and to make the transition and release of future reclaimed phases easier for all parties involved (and in line with our future approved amended reclamation plans).