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MASSEY <br />SEMENOFF <br />SCHWARZ 8c <br />BAILEY, P.C. <br />ATTORNEYS AT Eaw <br />HUDSON~S BAY CENTRE <br />1600 STOUT STREET, SURE 1 7OO <br />DENVER, COLORADO BO2O2 <br />TELEPHONE 303.893.181 $ <br />Fax 303.893.1829 <br />www. mssdenverlaw.com <br />JEFFREY W. SCHWARZ <br />303.893.0999 <br />j Schwarz@mssdenverlaw.com <br />EDWARD W. STERN, ESQ. <br />IN MEMORIAM 1942-2000 <br />August 16, 2002 <br />VIA FIRST CLASS MAIL <br />Mr. Tom Schreiner <br />Environmental Protection Specialist <br />Division of Minerals and Geology <br />Colorado Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RECEIVED <br />AUG 19 2002 <br />Division of Minerals and Geology <br />Permit #:~ a~ 05~ Confidental?: <br />Class: E ,.,,,.a, Type-Seq.:MV~oo!-py( <br />From: To <br />Doc. Name: ..~c~inr- R.S .e,-;n /~b5~ <br />Doc. Date (if no date stamp): <br />Re: Mobile Premix Concrete, Inc. ("MPC") Howe Pit <br />Permit No. M-78-052 - NOV MV-2001-041 <br />Dear Tom: <br />On February 27, 2002, I supplied you, on behalf of my client, MPC (now Lafarge <br />West, Inc.), documents entitled "Bull Seep Relocation Construction Plans" dated, <br />February 26, 2002. The plans updated the Revised Drainage Control Plan submitted to <br />your office on January 11, 2002 in conformance with Section 2.A of the Mined Land <br />Reclamation Board's Order of October 26, 2001 and DMG's letter of November 27, <br />2001. The February 26 plans formed the basis of the Technical Revision ("TR") to <br />Permit No. M-78-052 as approved on March 7, 2002, and further clarified by your letter <br />of April 11, 2002. <br />This is to confirm that the February 2002 "Bull Seep Relocation Construction <br />Plans" that formed the basis of the March TR also formed the basis for the amended <br />Section 404 permit the Corps issued the company on March 4, 2002. Upon <br />implementing the conditions of the amended Section 404 permit this past spring and <br />early summer, the company identified certain inconsistencies in the "General Planting <br />Notes" and "Plant List" set forth on Sheet 7 of the plans. The attachments to this letter <br />consist of our communications with Scott Franklin at the Corps regarding revisions to <br />Sheet 7 that he approved for incorporation into the amended Section 404 permit on July <br />25, 2002. <br />As you know, the company has worked diligently to maintain consistency <br />between differing permits applicable to operations at the site that contain overlapping <br />requirements. I am therefore requesting that DMG substitute the Sheet 7 attached to <br />my July 1, 2002 letter to Scott Franklin at the Corps (see Attachment 4 hereto) for the <br />Sheet 7 previously supplied to you with the "Bull Seep Relocation Construction Plans" in <br />