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IVIASSEY <br />SEMENOFF <br />SCHWARZ <br />BAILEY, P.C. <br />ATTORNEYS AT LAW <br />HUDSON 5 8AV CENTRE <br />1 GOO STOUT STREET, SURE 1 JOO <br />DENVER, COLORADO 80202 <br />TELEPHONE 303.893.1815 <br />FAZ 303.893.1829 <br />www. m s sdenverlaw. co m <br />EDWARD W. STERNS Ew. <br />IN MEMORIAM ~ 942-2000 <br />January 11, 2001 <br />VIA HAND DELIVERY <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 />III Illlllllllllllll <br />999 <br />JEFFREY W. SCHWARZ <br />303.893.0999 <br />j s chwarzC~m s sde nverl aw.com <br />RECEIVED <br />JAN 1 1 2002 <br />Division of Minerals and Geology <br />Re: Mobile Premix Concrete, Inc. ("MPC") Notice of Violation <br />MV-2001-041, Howe Pit, Permit No. M-78-052 <br />Dear Tom: <br />Please find attached a copy of the Revised Drainage Control Plan ("Plan") <br />specified in Section 2.A of the Mined Land Reclamation Board's Order of October <br />26, 2001. Pursuant to the DMG's letter of November 27, 2001, the deadline for <br />filing the Plan was extended to January 11, 2002. Particularities of the Plan are <br />discussed below. <br />^ Bull Seep Alignment <br />On January 7, 2002, the Task Force that has been working under the <br />auspices of the Urban Drainage and Flood Control District ("UDFCD") approved <br />the Plan. The Task Force has been working since June 2001 to assess and <br />reach consensus, where possible, regarding strategies for stabilizing the Bull <br />Seep Slough and discrete portions of the South Platter River proximate to the <br />Slough and the Howe property. <br />Subsequent to receiving the Task Force approval, MPC personal met on <br />site to discuss the Bull Seep alignment in preparation for finalizing its <br />construction layout. It was determined at that time that portions of the alignment <br />located north of the high pressure gas line were inadvertently located on top of <br />the Reservoir B liner and liner shell. The construction foreman responsible for <br />supervising the installation of these structures confirmed this fact. Locating the <br />