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' • (Page 2) • <br />MINE ID # OR PROSPECTING ID # M-78-052 <br />INSPECTION DATE 7/5/2001 <br />INSPECTOR'S INITIALS TAS <br />1. A site inspection was made of the Howe Pit as a follow-up to recent information presented <br />to the Division from the Urban Drainage & Flood Control District (District) regarding <br />emergency flood control measures that were taken by the District at or near the Howe Pit in <br />May, 2001. The emergency measures are alleged to be the result of the Bull Seep relocation <br />within the affected land of the Howe Pit. Present during the site inspection was Sohn <br />Hickman of Mobile Premix Concrete, Inc.; Jeff Schwarz of Massey, Semenoff, Schwarz, & Bailey, <br />P.C.; and Bruce Humphries, Carl Mount, and Tom Schreiner of the Division. Photographs were <br />taken during the inspection. A number of field measurements were recorded and are noted in <br />Item 4 below. <br />2. Prior to the field inspection, the Division participated in a June 13, 2001 meeting held <br />by the District at their offices to discuss the nature and details of the emergency flood <br />control measures, i.e.: why, what, where, how, & when were the measures implemented. The <br />meeting was conducted by Mr. Ben Urbonas of the District. Mr. Urbonas discussed the <br />financial aspects of the emergency measures and also stressed the need for further measures <br />to ensure the long-term (flood control) stability of the area(s) in question. <br />Representatives of the various parties were present at the meeting: the District, Division <br />of Minerals & Geology, Western Mobile Concrete, Inc., Fulton Ditch Company, Applegate Group, <br />South Adams County Waste & Sanitation District, Adams County Parks, Denver Water Board, <br />Muller Engineering Co, Commerce City, U.S. Army Corps of Engineers, McIntosh Farm Co., <br />Brantner Ditch Company, and adjacent landowners. <br />3. According to information presented at the June 13, 2001 meeting at the Offices of the <br />District, there are several locations along the South Platte River where the river had <br />breached during a May, 2001 storm event into the Bull Seep relocation and the river had <br />captured the Bull Seep relocation and/or slough. The field inspection verified that the Bu11 <br />Seep slough area in the northwest portion of the permit area had a number of areas of cut or <br />unstable banks. The cut banks were estimated to be at least 6-8 feet in height. This <br />inspector estimates there are approximately 249 linear feet of unstable bank that are <br />definitely within the permit area. There were also cut banks and areas of instability along <br />the slough that appeared to occur outside the permit boundary. Mr. Hickman indicated that <br />the operator initiated repair or stabilization work for a portion of the cut banks during the <br />May, 2001 storm event(s). The repair work consisted of end dumping broken concrete into <br />unstable area. Mr. Hickman acknowledged the need for further stabilization work and <br />indicated that the operator is cooperating with the U.S. Army Corps of Engineers to determine <br />if any 404, Nationwide, or other permits are necessary. <br />4. Other measurements taken by the Division are as follows: <br />351' (east edge of South Platte River channel to west edge of excavated pit) <br />60' (east edge of South Platte River channel to west edge of Bull Seep) <br />210' linear feet (flood control dike installed by the District) <br />7' high x 40' top width x 60' bottom width x 210 linear feet (flood control dike) <br />510' (from south edge of flood control dike to 2nd area of instability/breach?) <br />5. Given the above measurements, the Division believes that the Bull Seep has been relocated <br />too close to the South Platte River (see PV 1 below). <br />6. The Division is currently evaluating the mine plan and maps, information supplied by the <br />District, and information supplied by the operator to determine compliance on other issues. <br />