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' • MASSEY SEME~ SCHWARZ Br BAILEY, P. C.
<br />Ben Urbonas
<br />Bryan Kohlenberg
<br />July 12, 2001
<br />Page 2
<br />(a) the final plat for Eagle's Roost Reservoirs Subdivision, Adams
<br />County Zoning Case No. 109-92-P, recorded in the Adams County
<br />Clerk and Recorders Office on March 23, 1995 at File No. 17, Map
<br />No. 361, Reception No. 00060703;
<br />(b) that easement known as the "Relocation of Bull Seep and First
<br />Creek," between the Fulton Ditch Company and Mobile Premix
<br />Concrete, Inc., recorded in the Adams County Clerk and Recorders
<br />Office on August 23, 1995 at Reception No. CO100417; and
<br />(c) a map labeled Exhibit G-1 entitled, "Existing Conditions with
<br />Proposed Drainage Ways for the Haller/Howe Pit, Adams County,
<br />Colorado," revised "8/7/90," recorded in the Adams County Clerk
<br />and Recorders Office on October 25, 1995 (Reception No.
<br />CO120018) pursuant to Adams County Conditional Use Permit
<br />Amendment Case No. 12-90-C, recorded May 22, 1990 in the
<br />Adams County Clerk and Recorders Office, Book 3676, Page 309.'
<br />Lafarge's voluntary agreement to pay the sum set forth in Attachment A,
<br />and decision to relocate the Bull Seep as set forth in Attachment B, should not be
<br />construed by UDFCD as an admission of liability as it pertains to the May 5, 2001
<br />flow event, or potential damages alleged to have occurred because of the event
<br />as the same pertains to any party. Lafarge does not waive and expressly
<br />reserves all rights, defenses, and claims in any proceeding regarding the May 5,
<br />2001 flow event.
<br />As discussed by others at the June 13 meeting, including UDFCD, the
<br />area in question is located in the South Platte River floodway. It breached in
<br />1973 and, reportedly, was repaired by the Brantner Ditch Company with silt and
<br />other unconsolidated materials obtained from the Bull Seep Slough, along with
<br />concrete debris. Meeting attendees never indicated that the 1973 repair was
<br />engineered and further stated that during the May 5, 2001 flow event they
<br />observed slabs of concrete sliding from the river-side face of the area in
<br />' The location of the Bull Seep depicted on the revised Exhibit G-1 is consistent with the
<br />following correspondence involving the concerned agencies at the time MPC was seeking a
<br />Mined Land Reclamation Permit amendment from the Mined Land Reclamation Board in 1990:
<br />(a) June 15, 1990 Letter from BiII DeGroot, P.E., UDFCD, to Greg Squire, MLRD re: "Howe Pit
<br />MLRD File M-78-052"; (b) July 25, 1990 Memorandum from John T. Doerfer, MLRD, to Greg
<br />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.
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