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<br /> <br />Letter to John Hickman 2 November 2i, 2001 <br />flows occurring in the southern now patched levee breach. This modeling result may lead to the conclusion <br />that the erosion of the relocated Bull Seep at and down gradient of the southern breach point must have <br />occurred after [he northern breach was patched. This may be a compelling reason for withdrawing [he <br />possible violations, and the Division is particularly interested in these modeling results as well as details on <br />the high flow event in the South Platte River that would be presumed to have caused the erosion in the <br />relocated Bull Seep between the location of the two breach points. <br />4. Please provide any evidence such as photographs, eyewitness accounts, or modeling results of backwater <br />conditions in the Bull Seep Slough, especially near the intersection of the relocated Bull Seep on or about <br />May 5, 2001. <br />5. Please provide any evidence such as photographs or eyewitness accounts of levee failure on the river <br />side of the levee on or about May 5, 2001. (The specific area in question is the flood control levee near the <br />intersection of the relocated Bull Seep and the Bull Seep Slough). <br />6. Please provide a discussion of the position of Mobile Premix, legal or otherwise, on responsibility for <br />maintenance of the levee. This discussion should address the ownership of the levee, the purpose of the <br />levee, the maintenance easement held by Urban Drainage and Flood Control District, the conservation <br />easement held by Adams County, and in particular whether by relocating the Bull Seep into close proximity <br />to the inboazd toe of the levee, in violation of the Mined Land Reclamation Pemut, Mobile Premix incurred <br />a de facto responsibility to maintain the levee. <br />The Division would appreciate a response to the above request as soon as practicable. We appreciate your <br />cooperation in this matter. Please contact either me or Allen Sorenson at (303) 866-3567 if you have any <br />questions. <br />Sincerely, <br />~ n .• t <br />,~ -~ ~ / <br />~~'~C <br />~p~ <br />Thomas A. Schreiner <br />Environmental Protection Specialist <br />cc: Mark Held, AGO (w/enclosure) <br />Cheryl Linden, AGO <br />Jeffrey W. Schwarz, MSSB <br />Certified Mail 7000 1670 0008 4114 2265 <br />Return Receipt Requested <br />m:\min\~azUiowe.4 revised <br />