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<br />January 30, 2003
<br />Mr. Albert Frei
<br />Albert Frei and Sons, Inc.
<br />P.O. Box 700
<br />Henderson, CO 80640
<br />RE: Hazeltine Pit, Permit Number M-77-153
<br />Dear Mr. Frei:
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<br />Under the terms of the January 24, 1998 Purchase and Sale Agreement between the South
<br />Adams County Water and Sanitation District (South Adams), Hazeltine Investment Association
<br />and Albert Frei and Sons, Lrc., Lot 1 Block 1 and Lot 1 Block 2 of the A. F. and Sons
<br />Subdivision were sold to South Adams. Section 3.3(b)(ii) of the Agreement provided that Albert
<br />Frei and Sons would have the right to complete the gravel mining operations on the property
<br />pursuant to a contract to be negotiated. South Adams conveyed an undivided filly percent fee
<br />ownership in the property to the Board of Water Commissioners on February 9, 1998.
<br />A contract for Sand, Gravel and Aggregate Mining Operations between Albert Frei and Sons,
<br />Inc. and South Adams was agreed to on February 9, 1998. The mining contract provides in part
<br />at paragraph 7 that the right of the Contractor to mine the sand, gravel, aggregate, top soil and
<br />other materials would expire ftve (_5) years aRer the date of the contract.
<br />In a meeting between representatives of Albert Frei and Sons, Inc., South Adams and Denver
<br />Water on December 2, 2002, representatives of Albert Frei and Sons, hic. notified Denver Water
<br />nn.l Qnnil, ^.lomc il,nt Il,r n,;,n•, •, nr^,-^t;"nc h•vl L.•,,n . nnrln.l...l , ..rl t6,. n.~n,•.•rl,~ •. nnlrl L-~
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<br />deve.lopmenL as a water stvrlge facility. improvements lu the south ctni,annule:nl -:I {i, r ~ q
<br />were previously made by SP,MA Construction Company under contract with Denver Water.
<br />South Adams and Denver Water are presently reviewing the feasibility of inslalli~~~~. ;~ ~ ~~n~p,r '• i
<br />clay liner° or a snit-hentonite slulTy wall liner ~rauntl the perimeter of dte Hazeltine property and
<br />the adjacent Roadrunners Rest lI property.
<br />Under the terms of the Mined Land Reclamation permit, Albert Frei and Sons, [ne. is required to
<br />install a compacted slope around the perimeter of the pit, re-grade the sides of the excavation to a
<br />3 to 1 slope, seed and re-vegetate the area. ]t would not be appropriate Cor Albert Frei & Sons to
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