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Ben Urbonas ~ MASSEY SEME~ SCHWARZ ~ BAILEY, P. C. <br />Bryan Kohlenberg <br />July 12, 2001 <br />Page 3 <br />question, thus indicating bank cutting and eventual failure from river, not the Bull <br />Seep. <br />Historical aerial photography of the site has been reviewed by Applegate <br />Group, Inc. and confirms that the channel feature in question, which is located <br />near the South Platte River and in the floodway, has been: (a) in existence for at <br />least 35 years (i.e., since 1965); (b) continually fed by alluvial waters and other <br />waters; and (c) breached on at least two previous occasions. See Attachment C <br />- Applegate Group, Inc. letter report. While Lafarge is willing to assist UDFCD <br />with the funding and donation of materials necessary to respond to the May 5 <br />flow event, to target the company as the cause in fact of the event is inaccurate <br />and neglects the complexity of actions that have been taken on the river by other <br />parties that have altered the course and flow of the river. <br />With this letter and the attached check, we believe that the meeting <br />previously scheduled for Tuesday, July 17 at your offices is unnecessary. MPC <br />is in close contact with, among others, the United States Army Corps of <br />Engineers and the Colorado Division of Minerals and Geology regarding <br />regulatory issues raised by the Bull Seep location and the permits issued by <br />those two agencies. In addition, MPC is committed to working with adjacent <br />property owners to address concerns they have that can be shown to be a direct <br />result of actions taken by MPC. <br />Please call me should you wish to discuss this matter further. <br />Sincerely yours, <br />~S ~ <br />Jeffrey W. Schwarz <br />Attachments <br />cc: L. Scott Tucker, UDFCD, Executive Director (w/alts.; via hand delivery) <br />J. Scott Franklin, USACE (w/alts.; via first class mail) <br />Tom Shriner, Colorado DMG (w/alts.; via first class mail) <br />Mike Walker, Denver Water (w/alts.; via first class mail) <br />Jim Jones, South Adams County Water and Sanitation District (w/alts.; via <br />first class mail) <br />Ken McIntosh (w/alts.; via first class mail) <br />