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~n-~z,elm2rt}- <br />RS ~ <br />DENVEt~ WATER <br />1600 West 12th Avenue • Denver, Colorado 802043412 <br />Phone 303-628b460 • Faz No. 303~i28b478 <br />January 13, 2004 <br />VIA Telefacsimile and U.S. Mail <br />303-832-8106 <br />Mr. Ronald W. Cattany <br />Division Director <br />Division of Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RECEIVED <br />JAN 1 4 2004 <br />Division of Minerals and Geology <br />Re: Reason to Believe a Violation Exists at the Reclamation Pit #1 (a/k/a Hazeltine <br />Pit) <br />DMG File No. M-1977-153 <br />Dear Mr. Cattany: <br />On January 5, 2004, Jim Weldon, Engineer for Denver Water, John Hamilton'of Muller <br />Engineering, Engineer for South Adams County Water and Sanitation District (South Adams) <br />and Denver Water and I attended a meeting with Tony Waldron, Harry Posey and Bruce ' <br />Humphries of the DMG staff and Steve Brown of the Attorney General's office. <br />At that time, we were informed of alleged violations by Denver Water or its contractors <br />regarding the failure to amend the reclamation plan for the Hazeltine pit. The problem seems to <br />stem from Denver Water's failure to obtain approval of the Division prior to construction of a <br />slurry wall. I have subsequently received your Notice dated January 5, 2004. <br />The Hazeltine property was acquired by Denver Water and South Adams from Hazeltine <br />Investment Partners in 1998, as a part of a program to acquire and improve several gravel mining <br />properties for municipal reservoir purposes. The acquisition was subject to the right of Al Frei <br />and Sons to mine the sand and gravel deposits on the property for a described length of time. <br />The miner concluded his operations and the property was turned over to Denver Water and South <br />Adams in February 2003. <br />The 120`h Avenue Roadway project which is currently underway by the Colorado <br />Department-of Transportation and Adams, County will impact the planned uses of the adjacent <br />Road Runners Rest property for municipal:water s4oiage. Because of those impacts, Denver <br />1Water, South.Adams and the County negotiated an .Intergovertlmental Agreemefit dated June 25, <br />2003, which. includes a term and conditionregarding construction of'a-slnrry`wall''iBecause'of <br />the timing of the highway proj act, if was ilecessaiy'to commence constniction'offfie sluiiy wall <br />CONSEZVE <br />Patricia L. Wells, General Counsel, Legal Division <br />