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~ • III IIIIIIIIIIIII III • <br />M <br />ASSEY HUOSON~S BAY CENTRE <br /> <br />S J 6OO STOUT STREET, SUITE 1700 <br />DENVER <br />COLORADO aozoz <br />EMENOFF , <br /> TELEPHONE 303.893.1815 <br />SCHWARZ 8t FAx 303.893.1829 <br /> www. m s sdenve rl aw. com <br />BAILEY <br />P <br />C <br />, <br />. <br />• EGWARD W. STERN, ESQ. <br />ATTORNEYS AT LAW IN MEMORIAM 1942-2000 <br />August 20, 2001 <br />VIA FACSIMILE 8 FIRST CLASS MAIL <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 />JEFFREY W. SCHWARZ <br />303.893.0999 <br />j schwarz@ m s sde nverlaw.cD m <br />~ECEIVE® <br />AUG 2 2 2001 <br />Division of Minerals and Geology <br />Re: Mobile Premix Concrete, Inc., a subsidiary of Lafarge Corporation <br />July 18, 2001 Notice of Formal Public Hearing Pertaining to Reason <br />to Believe a Violation Exists, Howe Pit, Permit No. M-78-052 <br />Dear Mr. Schreiner: <br />This letter follows up on your telephone call to me this morning regarding <br />the defect in the above referenced Notice of Formal Public Hearing. We would <br />appreciate your office re-noticing the hearing for the Mined Land Reclamation <br />Board's October meeting. We further understand that because of the defect in <br />the Notice, the potential days of violation, if any, will be calculated from the date <br />of the Division's July 5, 2001 inspection to the date of the Board's meeting this <br />month (August 22, 2001). Additionally, based on the need to re-notice the <br />hearing, we understand that no appearance at the Board's meeting on August 22 <br />will be required. If my understanding in regard to these two points is incorrect, <br />please contact me immediately. <br />Also, note that scheduling the hearing for the Board's October meeting <br />was something I discussed with Bruce Humphries in July shortly after learning of <br />the "Reason to Believe" letter. Such scheduling will now allow the stakeholders <br />in the Urban Drainage and Flood Control District process (which includes DMG) <br />the opportunity to address the global and long term (i.e., post-mining) drainage <br />and flood control issues associated with the water storage reservoirs to be <br />developed on not only the Howe Pit site, but on the two MLRB permitted sand <br />and gravel pits located immediately north of the Howe site (all three of which are <br />owned by the Denver Water Board). Once this process is concluded, Mobile <br />