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<br />progressive attacks and resulted <br />1973 fill. The present location <br />not factors in the capture of mai <br />associated with the May 5 event. <br /> <br />in the final failure of the nonengineered <br />and configuration of the Bull Seep were <br />n channel flows and the ultimate damage <br />(6) Photographic evidence from January 2001 indicates that a breach of the <br />bank in question pre-dated the May 5, 2001 event and that the earlier <br />breach may have accelerated or further catalyzed the May 5 failure. <br />Lidstone's analysis confirms that natural and progressive bank erosion processes <br />were the principal mechanism of failure on May 5, 2001 and that the failure had <br />absolutely no connection to the present location of the Bull Seep. The DMG's <br />September 14 Notice is therefore unsupported and should be rescinded in its entirety. <br />IV. Relief Sought <br />Based on the information supplied in, and attached to this Prehearing Statement <br />and Answer, the Board should rescind and dismiss the allegations in the July 18 and <br />September 14, 2001 Notices. Where the July 18 Notice is concerned, the Board should <br />also order that DMG and MPC work towards establishing a Bull Seep alignment that is <br />consistent with maintaining the conservation and wildlife habitat values presently <br />contemplated in the Reclamation Plan. <br />DATED this 15th day of October, 2001. <br />Respectfully submitted, <br />Mobile Premix Concrete, Inc., a Subsidiary of Lafarge <br />North America Inc. <br />~ -~- <br />By J~• u..L <br />Jeffrey W. Schwarz <br />MASSEY SEMENOFF SCHWARZ 8 BAILEY, P.C. <br />1600 Stout Street, Suite 1700 <br />Denver, Colorado 80202 <br />ATTORNEYS FOR MOBILE PREMIX CONCRETE, <br />INC., A SUBSIDIARY OF LAFARGE NORTH <br />AMERICA INC. <br />