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. Y • <br />Mr. Tom Schriever <br />July 13, 2001 <br />Page 3 <br />^ Off-Site Imaacts <br />MASSEY SEMENO•SCHWARZ St BAILEY, P.C. <br />Mobile Premix is willing to realign the Bull Seep as may be necessary to <br />address possible mined land reclamation permit compliance concerns. <br />Notwithstanding, the company strongly disagrees with claims made by third <br />parties on June 13, 2001 at the Urban Drainage and Flood Control District <br />meeting you attended, that the current location of the Bull Seep was the cause of <br />the May 5, 2001 flow event, including the impacts alleged to have occurred to <br />property located immediately north and adjacent to the Bull Seep Slough. The <br />DMG should not construe any agreement by Mobile Premix to realiyn the Bull <br />Seep as an admission of any manner of liability or permit noncompliance as it <br />pertains to the May 5 events on the River, or potential damages alleged to have <br />occurred because of the same. The company believes that off-site impacts <br />attributable to the May 5 flow event are unrelated to Mobile Premix's activities on <br />the Howe Pit property. <br />Tom, John Hickman and I appreciated the opportunity to meet with you, <br />Bruce and Carl at the site last Thursday, and we look forward to working with you <br />to resolve any permit issues pertaining to the Bull Seep. <br />Thank you. <br />Sincerely yours, <br />Jeffrey W. Schwarz <br />cc: Bruce Humphries (via facsimile only) <br />Carl Mount (via facsimile only) <br />Greg Squire, MLRD re: "Hydrologic Adequacy Review, Howe Pit Amendment, Mobile Premix <br />Concrete, Inc., File No. M-78-052"; (c) August 3, 1990 Letter from Tuttle Applegate, Inc. to John <br />Hickman, Mobile Premix Concrete, Inc. re: "Comments on Adequacy Review, Howe Pit <br />Amendment File No. M-78-052"; and (d) August 14, 1990 Letter from Bill DeGroot, P.E., UDFCD, <br />to John Hickman, Mobile Premix. <br />a <br />