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HOLLAND&HART <br />THE LAW OUT W E 5 T <br />VIA FACSIMILE AND U.$. MAIL <br />January 15, 2004 <br />Tony Waldron <br />Colorado Division of Minerals and Geology <br />Mined Land Reclamation Board <br />1313 Sherman fit., Rm. 215 <br />Denver, CO 80203 <br />Bruce Humphries <br />Colorado Division of Minerals and Geolology <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />Anne J. Castle <br />Phone (303) 295-8229 <br />Fax (303) 975-5435 <br />acastle@holland hart.com <br />www.westernwaterlaw.com <br />JAN 16 20~ <br />pivision o5 Minerals and Geolog'f <br />Permit #~:^ Nlc ~ ~°I"1 I - ~ ~ S Confidental? <br />Class: Cn'lorC..ke.A- Type-Seq.:_ <br />From; {.~ ell ar , i lL s r.~ To: h .r.r <br />Doc. Name: ~ of ,,., o,r+~T.~ <br />Doc. Date (if o dat stamp): <br />Specialist: ~~0.~ ~~ <br />Re: Roadrunners Rest II Mining Reclamation Plan <br />Dear Tony and Bruce <br />` There was one issue that we discussed at our meeting last week that I believe <br />requires follow-up information. It was mentioned several times, in connection with the <br />discussion of the alleged violations by Denver Water related to slurry wall construction, <br />that mining had taken place in the Roadrunners gravel pit beyond the setback <br />requirement of the reclamation plan. First and foremost, Suburban Sand & Gravel (also <br />known as Campbell's C-Ment Contracting, Inc.) does not believe that mining beyond <br />the setback requirement of the reclamation plan has indeed taken place. The <br />reclamation plan does not require 100 feet of unmined flat land between the River and <br />the beginning of the gravel pit. Rather, the reclamation plan's setback requirement is <br />100 feet from the ordinary high water mark in the River to the final water level in the <br />excavated pit. Suburban does not believe, and aerial photos taken last summer do not <br />indicate, that any mining has occurred within the setback limit. Urban Drainage, <br />Adams County, and Denver Water all may require width of setback in excess of what is <br />required by the reclamation plan as a result of the other activities and plans for the <br />property. <br />In addition, even if there had been minor encroachment into the setback area, this <br />is certainly not a violation of the reclamation plan or mining permit. Suburban fully <br />intended to place material excavated on site to comply with all required setbacks of the <br />reclamation plan aYthe time when final reclamation occurs. <br />Holland & Hart cu• <br />Phone [303] 295-8000 Fax [303] 295-826[ www.hollandhart.com <br />SSS 17th Street Suite 3200 Denver,CO 80202 Mailing Address PO. BOx 8749 Denver, CO 80201-8749 <br />Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver DenverTech Center Jackson Hole Salt Lake Ciry Santa Fe Washington, D.C. a7 <br />