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w V E /t-on <br />John R Mehaffy <br />Margaret R Brubaker, LLC <br />Christopher M. Ernst <br />MEHAFFY BRUBAKER & ERNST LLC <br />Attorneys and Counselors at Law <br />April 6, 2005 <br />VIA HAND DELIVERY <br />Tyson Powell, Esc , Assistant Attorney General <br />State of Colors , Attorney General's Office <br />Natural Res ces & Environment Section <br />Resource conservation Unit <br />1525S rman Street, Seventh Floor <br />Denv - , Colorado 80203 <br />21 North 1st Avenue, Suite 290 <br />Brighton, CO 80601 <br />Phone 303.659.0731 <br />Fax 303.659.0752 <br />Re:. Ready Mixed Concrete Company, MLRB Permit No. M- 1987 -049 (the SPermit) <br />Cell #1, Bromley Lakes Property, City of Brighton, County of Adams (the aiteb) <br />Technical Revision (Acreage Reduction) Request and Site Reclamation Plan <br />Dear Tyson: <br />Greetings. This office represents the City of Brighton, a Colorado home rule <br />municipality and Owner of the above - referenced Site ( "City"). The Site was annexed to the City <br />in .1987 and purchased by the City in 1997. The Cell #1 portion of the Site is and has been <br />mined -out by Ready Mixed Concrete Company ( "Operator "), pursuant to the above - referenced <br />Permit. Per your request and that of your client, the State of Colorado Mined Land Reclamation <br />Board ( "MLRB "), the City respectfully submits this correspondence and enclosures for purposes <br />of clarifying the ongoing obligations of the City and the Operator with regard to proper <br />reclamation at the' Site. <br />As you know, the Operator applied for a Technical Revision of the Permit that requested <br />a reduction in the amount of acreage subject to the Permit. The Operator's request was heard by <br />the MLRB at its public hearing held on March 16, 2005, where the City appeared and supported <br />the Operator's request. At that hearing, the MLRB, the City and the Operator discussed the <br />parameters and responsibilities for proper reclamation of the Site, in the event that the Operator's <br />acreage reduction request was granted by the MLRB. Also at the hearing, the City and the <br />Operator presented a draft written agreement to the MLRB, addressing the Parties' reclamation <br />obligations, and made certain representations about the Parties' various plans for implementing <br />and successfully accomplishing such reclamation. <br />In particular, the City intends to construct_a slurry wall around Cell #1 for municipal <br />water storage purposes. For that purpose, the City's water attorneys have been prosecuting that <br />