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Home My WebLink About2009113906/0.4/09 14:37 FAX 3032891348 L G EVERIST F 002 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 CORPORATE OFFICE 300 S.PHIWPS AVE • SUITE 200 P.O. BOX S829 SIOUX FALLA, $0 57117.5629 PHONE 905.331-5000 FAX 6054349866 MOUNTAIN DIVISION 7321 E NM AVENUE • SURE 200 HEPDERSON, COLORADO 80610 303297-9606 PAX SOS -269.164 Delivered via Hand Delivery u 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 %. of Section 30, Township 2 North, Range 66 West, In the 6th P.M., Weld County, Colorado. LG. 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{iolden 050409.doc - via Hyd DelNery C) (� O7 2009-1139 0.5/04/09 14:38 FAX 3032891348 L G EVERIST ¢5003 RE: Technical Revision Request for Fort Lupton Sand & Gravel, M-1999-120 April 3, 2009 properties that make up the Fort Lupton Sand and Gravel Mine in a fully reclaimed but less than fully vegetated state. And, as soon as Aurora buys any of the properties that make up the Fort Lupton site, they plan to put the water storage reservoirs) to beneficial use almost immediately. We have attached a copy of the Technical Revision submittal for reference. We hope that this partial release request (just the Golden Phase acreage) and the pending Technical Revision are dear and simple requests that can be worked on together by the Division. We realize that the Division's rules allow for the Division to take up to 30 days for TRs and 60 days for release request applications. However, we implore that the Division inspect the Golden phase as soon as possible for reclamation approval and grant release - if the Golden phase is deemed reclaimed as per the Division's requirements and the pending Technical Revision referred to above - by May 21, 2009. We apologize for asking for such a short timeline, but the release is for only part of the Fort Lupton site, and the sale of the Golden Phase/property to City of Aurora is highly dependent on full release of the flnandal and perfomie rioe warranties. If there is anything that we, L.G. Everist, Inc. can do to help the Division with this process. please let us know. Lynn Shults and other L.G. Everist representatives are available for a Division release inspection at any time. Please contact Ms. Shults to set up the time. if you have any questions or need anything else to process this release request, please contact Lynn Shults at 303-286-2247 or imshults®Igeverist.com. We look forward to scheduling the inspection and receiving confirmation and approval from you soon. Thank y�oulerNif Lynn Mayer Shults Regulatory Manager Reference documents attached: - TR-3 Approval Letter, dated 01/12/09, from DRMS to L.G. Everist - Golden slurry wall lining approval letter, dated 01/29/07, from SEO to LG. Everist - Seeding invoice and ticket, dated 04/15/09, from Geisman Seeding to L.G. Everist - Technical Revision request submittal, dated 04/10/09, from L.O. Everist to DRMS cc: L.G. Everist (Dennis Fields, Richard Schneider, Jim Sittner, Matt Noteboom) City of Aurora (Lisa Darling, Rick Marsicek) Weld County (Clerk to the Board - via facsimile 970-352-0242) FL-ORMS-PartielfekeseReet-Golden-06W09.doo - vH Mind Delivery 05/04/09 14:38 FAX 3032891348 L G EVERIST :4 (PaelzeReltke 1v4)a STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Dew:ma tt oI Natural Reams 1113 Sharman Si., Roan213 Dan, Cdomdo 80203 Phone: 003) 6663567 FAR: (303) 032-8106 January 12, 2009 Ms. Lynn Shults L.G. Evaisy Inc. 7321 E. 88th Ave., Ste 200 Henderson, CO 80640 COLORADO DIVIIION O! RECLAMATION MINING UAW I Pas 0. Corsmor Hnir D. Thwart E era Mat Raetl W. Cain OIvWan Dint Wad Raaaa Terra Re: Ft. Lepton Sand and Gravel Mine, Permit No. M-1999-120, Technical Revision Approval, Revision No. Dear Ms. Shuns: On January 12, 2009 the Division of Reclamation, Mining and Safety approved the Technical Revision application submitted to the Division on September 18, 2008, addressing the following: Adjust bond to update site bond allow for surface disturbance to Parker-Pmtowiczparcel, and return 2086 bond for Golden parcel shiny wall The terms of the Technical Revision No. 3 approved by the Division are hereby incorporated into Permit No. M-1999- 120. All other conditions and requirements of Permit No. M-1999-120 remain is full forte and effect. The estimated liability amount of $1,076,670.00 exceeds the $526,000.00 performance bond currently held. If you have not already done so, please submit additional bond in the amount of $550,670.00. The revision will not be final until the bond is approved by the Division. If you have any questions, please contact me at (303) 866-3567, x814O. Siinnnccerrelly, C/Ut i'(� Eric C. Scott Environmental Protection Specialist cc: Tony Waldron, DRMS Office of Office of L G EVERIST ¢J 005 05/04/09 14:38 FAX 3032891348 WATER DIVISOR ONE OFFICE OP TIM WM ENGINEER Deanna* anithatReecurce e1oe lee,I,aya20p PROM Gel*, p0°h '�q Ri247I'm MR 2624810 •nr aptir+Weoom ea=psocastff Ihuhmevr) STAm OF COLORADO Ja'sarY29.200? Colby Deere pttott O0 s060CCOO a. Alpert Roal. BLa• QA Sults 206 Re: Wm of adder' Mb Luplon D G-1Pam* Da NWM, Seaton 30. T2N, RCM WatsDMelon 1, Waiv0Ea6kt2 IIRENK Caw a■�oe°ieo lLJim LIM Dear Colby: The taapoeeattic WarbbaptaoatlhsiNofInaba, refiycnceJgavel 'lit coal b basal an the tta ktepallofe concluded an Manta 16, 2006 -and an the Informefonyyoouu �dmdorcaterMaimdbdOmber13,2OO6andDeoartbar29,2O6. The pa Ri Ysnaked ki the p teens GB bet dtoifw pa ittlnabler Guidelines kr Unita taxa la Gavel PR+. 1+D,1Mdalpns andandrequites thee tie Mows and willow roads pond must Inahaoeatedfor an a monthly basic. Please ealna rya Sit any9uerfioaa ODldanateLhoOK CQ Bob Sad Water Ccariesloner t o Denver 8E0 naval- Naldee. P.E. Antstard Division Engineer 06/04/09 14:38 FAX 3032891348 L G EVERIST 04/26/2009 10:27 3028574521 G I" El' S M AN SEEDING SERVICE 16813 WCI2 16 • Lo)Q2ngnt, Colorado 80504 Phone (970)535-4963 Pax (970) 536-9031 rs-rxacersx rrrr----ii o•.ui.. awes 54-7- Nameo..f !and.,Met1,+Z�w' P i.rwnCsa p�� 1 11 Address12.5.HLCi.,W.Ld.CttI ,y..d3.QQC,.),.,.. • EattLQ ltaaTCQ._- ag5t.l Our Estimate No..lRl,xe> ,1ry.. gb.05..,. .-,,,, fd 006 PACE 02/02 Project No.l.? LglatWA. u t.oeauon-BIr?%i.L.b% 3Q&*d ( rope I Owner ,Lm.S_EAtagsrarat xt'ii s Your estimate No ITEM NO, 08110RIPTIINI UNIT QUANTITY UNIT MICR AMOUNT l7Tcac.114at-t-nlal4 ll!-U.YR I, elate APR 15 2009 R74 17179 Al• 74 Tetal 3bktkvor e 0 ii00.O( EXPLANATION OR REMARKS ry� 1haw,vs �rtke W6r6( /'` Lf „ d 'G/NA j-----.. . • Grass Amount Eamed to Os s ....... ...... -...._....,.,._., Len .---lit of Oonlnul Amount Retalned...,„..,...a ...... NIAmountDuetoDana.................�......_.., Len Preview(' Payments anchor Mrcdna._...... _,..... .••._._.._ wt Amount Due tNi Entmale....— ... ...• ......._........ Detailed Deductions- ......._ .,,..,,...,,_._....... ..•„ ,.., .........,........ ,•..,....0.,,., COMPLETE MODERN EQUIPMENT FOR ANY SEEDING AND MULCHING PROD3CT 06/04/09 14:39 FAX 3032891348 L G EVERIST 0007 C2-ETeteutekohice FORT LUPTON PIT CUSTOM 5 ACRE MIX LOT # : G-90286 MlxwraNariety: Puripr•%. Oerm% .Adgla .... .. WEs7ERN WN 4'ss; ARRICA am 94 WY OATS, MAVERICK 28.18 90 CO SIBSOATS *RAMA, EL RENO 2130 87 KS BLUE DRAMA; IIACHITA 07.48 88 CO. Crop: 0.00 % Inert: 8.11 % Weeds: 0.03 % Net V1fl. 24-0 i! .Noxious Modes NONE POUND Tested: JAN ,2009 • -•- SPECIAL 1/HX FOR GFISI•1AN SEEUIRE `.1L AD. CO EACI 124.6 LB BAG COVLRS APPROX. 1 ACRE shop Bros Sod Co. Biopsy, co Nssc pr7o) 066.4710 05/04/09 14:39 FAX 3032891348 L G EVERIST L.G. EVERIST, INC. g April 10, 2009 Mr. Eric Scott Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, Colorado 80203 Sent via Certified Meg # 7007 3020 0001 1230 6172 141 008 CORPORATE OFFICE 300 & PHILLIPS AVE. .WITS 200 P.O. BOX 6649 SIOUX FALLS, SO 571175 PHONE 0053346000 PAX 605331-0696 MOUNTAIN DIVISION 7341 E. 88714 AVENUE •SURE 200 HE DE RSON, COLOMDO 30610 903487-9608 FAX 309-266-1918 RE: Technical Revision Request for Fort Lupton Sand & Gravel, M-1999-120 Dear Eric, We respectfuly request a Technical Revision to the Fort Lupton Sand And Gravel Mine, permitted as M-1999-120. We have included a check for 9216.00 to cover the fling fee. For this Technical Revision, we request that the Division allows full financial and performance warranty permit release of reclaimed portions of the Fort Lupton site in a less than holy vegetated state. LG. Everist is not requesting any change to the mining or reclamation plans of the Fort Lupton eke permit, just the timing of the permit release. L.G, Everist will remain responsible for all mining and reclamation up to and including the initial seeding which begins the revegetatlon process for each reservoir. Representatives of L.G. Everist, Inc. and the City of Aurora (Aurora) discussed the reason for this technical revision request with you recently at the Division offices. As we explained, L.G. Everist has entered into a Purchase and Sale Agreement with the City of Aurora in which Aurora has agreed to acquire the water storage reservoirs and properties that make up the Fort Lupton Sand and Gravel Mine. As the mining and reclamation progresses, Aurora will be taking ownership of the reclaimed water storage reservoirs and associated properties. The first water storage reservoir - the Golden Phase - is scheduled to be sold to Aurora th June, 2009. Aurora is designing a pump station, associated pipelines and outfall structures on the Golden Property for its post -mining beneficial use of the water storage reservoirs. Construction of these facilities is scheduled to commence in the fall of 2009. For ease of coordination and construction, Aurora is willing to accept the Golden Phase and all subsequent reclaimed water storage reservoirs and the associated properties (that make up the Fort Lupton Sand and Gravel Mine) that Aurora has or will purchase from L.G. Everist In a less than fully vegetated state. LG. Everist will mine and reclaim each phase up to and including the initial seeding. At that point of nearly complete reclamation, La Everist will request a partial permit release from the DRMS for the reclaimed phase. Upon DRMS approval of the reclamation in a less than fully vegetated state and the following partial permit release, Aurora will take over the property as Is and ensure that final revegetatlon occurs on the property after the transfer has taken place. FL-DRMS-TR04-R ese a,M.han➢e-041009.doe- Sent via Certified MWJ# 70073020 0001 1230 6172 _05/04/09 14:39 FAX 3032891348 L G EVERIST 5009 ZEfterla bOUPittkr RE: Technical Revision Request for Fort Lupton Sand & Gravel, M-1999-120 April 3, 2009 A separate letter is attached with a signature from a representative of the City of Aurora acknowledging acceptance of the reclaimed properties at the Fort Lupton Sand and Gravel mine without full vegetation. If you have any questions or need anything else to process this Technical Revision, please contact me at 303-286-2247 or Imshults©lgeverist.com. We look forward to receiving confirmation and approval from you soon. Lynn Mayer Shuns Regulatory Manager .attached: — Filing fee of $216.00 Acknowledgement Letter between LO. Everist and City of Aurora co: LG. Everist (Dennis Fields, Richard Schneider, Jim Shiner, Matt Noteboom) City of Aurora (Lisa Darling, Rick Marsicek) PL-DRMSTR04-RegRecemcharoe-041009_doc- Sent We GANS Melts 7007 9020 0001 1230 6172 UO/U4/UU 14:4U 141 0032891348 L G EVERIST M1010 TCATegiakitz Dbul°' G' L.G. EVERIST, INC. April 9, 2009 Mr. Eric Scott Division of Reclamation, Mining. and Safety 1313 Sharman Sheet Suite 215 Denver, CO 80203 CORPORATE OFFICE f a Pfu uPs AVE.-SUITE I00 P.O. 00% GM Dow FKLS. SO $7117-1 PHONE IOS334d000 FAX 406-3344654 MOUNTAIN DM81011 7321E Mill AVENUg • SUITE 400 nIcurit N.Ca.OrMDOsa+d FJ.MM FAX X 30}300.1348 RE: L.O. Ewrkt, hic.la Fort Lupton Sand and Gravel Mina, MIS Penult M4995420 add Agreement with City of Aurora far Senefi lal End Use of properties Dear Enc. Tit .kter is a fotow ne lase revious 4$ansion.rega it the_Cny of Aurora's (Aurora) vestediebdest In L.G. Everle* Ina'( (LG. Evedst)'Fdit Lupton Send end Gravel Mine, M-1999-120. The Fort Lupton ate has been permitted to be mined end then reclaimed es water storage rasMveirs scene or which LG. Emit has already sealed or ail be seeing with shiny walls. Aurora has entered Into Sanddaand Gravel Mine and Sale the Agreement with LGarrage resav Ins being nested asEserlet to acquire Me sdd d that make the pl nk As this mining and reclamation progresses, Aurora ail be Sang ownership of the reclaimed water storage . resenroks and aeeocbated properties sequentially. The beet later storage reservot- the Golden Property - is scheduled to be sold to Aurora In June, 2000. Aurora hes moved forward with ere design o1 a pump station, asaaciated pipeline" anti coattail euucuroe on the Golden Properly. Construction of these radon is eohedced to ednarenos in the vas of 2009. For ease of coordination end construction. Aurora Is wiling to accept the Golden Property and Si subsequent reclaimed water storage Memoirs included in DIMS Pernik M-1OSa-120 and thek associated properties that Aurora has purchased tan La Evedst in a hies ten uuy vegetated state. L.O. Barb! Is responsible for all mining end redamatbn up b end bdudag the Mite) seeding which begins Me rsvegetsagi process for each reeervoh. LG. Eaglet will request a portal permit release from the DBMS at that time for the reclaimed section. Upon p olla rders., AVMS all lake warble property as Is end ensure that anal revegefadon occurs on the property alter the tarok( has taken pheoe. A Signature torn a representative of Aurora ie provided below to show acknowledgement of the terms provided in this letter. Sincerely. Lynn Mayer Shuts Regulatory Manager cc: Austin Hamm. Esq. Special Water Counsel tot' Aurae Water Rick Missiosk, Ana Water Tim RMepan. 6q., Special Water counsel for L.G. Breda hire Jim Slaver end Malheur Noteboan. L.O. Everitt Ind. FL-0RMS-VapUSt* Morora.033106.doe 05/04/09 14:37 FAX 3032891348 L G EVERIST L. G. EVERIST, INC. dint ARDESITE ROCK COMPANY 7321 E. 88Th AVENUE, SURE 200 HENDERSON, CO 80640 telephone 303.287-4650 facsimile 303-289-1348 DATE Maya, 2009 PAGES Cover + 2 -page letter + 7 -page attachments TO Weld County Clerk to the Board 916 10m Street, 3`v Floor Greeley, CO 80831 FAX 970-352-0242 FROM LYNN M. SHULTS, Regulatory Manager, phone -303-286-2247, Imshults@lgeveristcom RE Acknowledgement of Receipt of Materials listed below ACTION U Urgent O Review Reply CI Other To Weld County Clerk to the Board: The Colorado Division of Reclamation, Mining and Safety (DRMS) requires that release requests to a DRMS permit must be sent to the County Clerk and Recorder for the county's public records. The applicant must provide the DRMS with an affidavit or receipt demonstrating that the materials were sent to with the County Clerk and Recorder. Please acknowledge that you have received and placed in the public record a copy of the following: A 2 -page letter (with 7 pages of attachments) from L G. Everiat, Inc. to Eric Scott of the Division of Reclamation, Mining and Safety, dated 05/01109, with the title of: RE: Request for Partial Release of Performance and Financial Warranties for Mining Operations for Fort Lupton Sand & Gravel, M-1999-120 - Golden Phase only Thank you in advance for acknowledging the receipt of this Information. Signed by W oun Clerk to the Board: CST�-ttaWH-the Ant Please FAX this acknowledgment back today to Lynn Shults at fax number 303-289r1348. Irltanitya . NOTE: After acknowledgement is returned to sender by Weld County, eppllcaM will send a copy td OMwcVKgf Retlemation, Mining and Safety, 1313 Sherman Street, Room 215, Paver, Colorado, 80203, fax number is 303!-3108' Ct9 t.11 Li ) N FL-DRMS•Pertie IReIReq-We1d0001erk-AckaRcpc-050409.dx Hello