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~n,~=ovc~~ea~'lt a~ w DENVER WATER 1600 West 12th Avenue • Denver, Colorado 802043412 Phone 303628-6460 • Fax No. 303~i28-6478 Patricia L Wells, General Counsel, Legal Division VIA Telefacsimile and U.S. Mail 303-832-8106 Mr. Ronald W. Cattany Division Director Division of Minerals and Geology 1313 Sherman St., Room 215 Denver, CO 80203 January 13, 2004 RECEIVE© JAN 14 1004 Division of Minerals and Geology Re: Reason to Believe a Violation Exists at the Road Runner's Rest 2 Pit, DMG File No. M-1979-195 Dear Mr. Cattany: On January 5, 2004, Jim Weldon, Engineer for Denver Water, John Hamilton of Muller Engineering, Engineer for South Adams County Water and Sanitation District (South Adams) and Denver Water and I attended a meeting with Tony Waldron, Harry Posey and Bruce Humphries of the DMG staff and Steve Brown of the Attorney General's office. . ,._~,~ At that time, we were informed of alleged violations by Deriver Water or its contractors regarding the failure to amend the reclamation plan for the Road Runner's Rest pit. The problem seems to stem from Denver Water's failure to obtain approval of the Division prior to construction of a slurry wall. I have subsequently received your January 5, 2004 Notice. The Road Runner's property was acquired by Denver Water and South Adams from Campbell's C-Ment as a part of a program to acquire and improve several gavel mining properties for municipal reservoir purposes. The acquisition was subject to the right of Campbells to mine the sand and gravel deposits on the property for a described length of time. That mining is ongoing. The 120~h Avenue Roadway project which is currently underway by the Colorado Department of Transportation and Adams County will impact the planned uses of the property for municipal water storage. Because of those impacts, Denver Water, South Adams and the County negotiated an Intergovernmental Agreement, dated June 25, 2003 which includes a term and condition regarding construction of a slurry wall along that portion of the reservoir which will~be affected by the highway embankment. Because of the timing of the highway project, it was`riecessary'fo commence construction ofthe slurry wall project last summer: In August, I provided copies of the plans for the projecfto DMGlstaff :Denver Water's engineers ~~ .. ~. ', .. .i .~ ~i a .~ r.. D:'~q~i . u .~ CONSEZVE