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08/07/0 09:18 FAX 90J 857 J 9 LAFARGE ~- -- ~ - --- • I • Bryan I~ohlenberg September 7, 2001 Page 3 open to further discussion of how to locate the discharge of the 13u11 Seep and First Creek nuisance flows to the Bull Seep Slough. While the company would prefer not to relocate portions of the existing reservoir structure, this is an option that could be implemented, particularly if it were now important to keep such flows otFthe McIntosh property. Any alternative that is inconsistent with the Reclamation Plan will require that such plan be revised or amended. ~ Once an alternative is implemented, whether it be the existing }acclamation Plan, or some vaziation, Mobile Premix will consider readjusting the mine permit boundary as necessary to remove the improvements from MLRB jurisdiction. Finally, 'UDFCD should not construe anything in this letter as a commitment to fund activities off property upon which Mobile Premix operates. Although some acconunodarion in this regazd may be eventually reached, the company presently feels that: (a) as UDPCD has stated openly, portions of the river at issue represent one of the last urvmproved azeas the agency is tasked with addressing; (b) there have been significant actions takes on the river, both upstream and downstream of the T•Iowe property, that are unrelated to Mobile )?remix's mining and that have negatively impacted the channel and properties adjacent to the channel; and (c) the May 5 event is being used unfairly by the agency and others to force Mobile Premiz into taking actions to improve the river that should be appropriately shouldered by others.' We look forward to continuing the work of the Task Force at UDFCD's offices on September 17. , sincerely yowl, J xickman ~l~ and Manager ec: L. Scott Tu UDFCD, Executive Director (via facsimile) Tom Shrin lorado DMG (via facsimile) Mike Walk r, enver Water (via facsimile) Tim Joaes, ou Adams County Water and Sanitation District (via facsimile) ' As mentioned by (JDFCD at the June 13 meeting, the area ere subject ro the May 5, 2001 breach is located in the South Platte River floodway, while properties adjacear to the breach area arc located in floodplaia. The May 5 area breached in 1973 and was repaired by the Braamer Ditch Company wi[Il silt and other tracoasolida d materials obtained from the IIull Secp Slough, along with caaGrcte debris. June 13 atccfing attendees t~ev~ indicated Char the 1973 repair wos engincaed sad further stated that dtuing the Nlay 5 event they observed slabs of concrete sliding from the river-side face of the area in question, thus indicating back cutting sad eventual failure from river, nor the 13uI1 Seep. fail 009/00