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<br />M ~ III IIIIIIIIIIIII III ~ <br />ASS EY THE EQUITABLE Bl11LDING <br /> <br />SEMENOFF 73O SEVENTEENTH STREET, SuiTE 330 <br />DENVER, COLORADO 80202 <br />SCHWARZ 8c TELERHDNE 303.893.1815 <br />FAx 303.893.1829 <br /> <br />BAILEY, P.C. W ww. m s s d e nve rl aw. c o m <br />EDWARD W. STERN, E50. <br />ATTORNEYS AT LAW IN MEMORIAM 1942-2000 <br />JEFFREY W. SCHWARZ <br />303.893.0999 <br />jschwarz~mssdenverlaw.com <br />July 1~i~~'VED <br />VIA HAND DELIVERY <br />J. Scott Franklin, P.E. <br />US Army Corps of Engineers <br />Omaha District <br />Denver Regulatory Office <br />9307 South Platte Canyon Road <br />Littleton, Colorado 80128-6901 <br /> <br />Division a1 Minerals and Geology <br />Re: Section 404 Permit No. 1992380590 <br />Mobile Premix Concrete, Inc., a subsidiary of Lafarge Corporation <br />Response to Items 1-3 of June 15, 2001 Notice of Noncompliance <br />Dear Scott: <br />This response to the Corps' June 15, 2001 Notice of Noncompliance ("Notice") is <br />supplied on behalf of this firm's client Mobile Premix Concrete, Inc., a subsidiary of <br />Lafarge Corporation ("MPC"). We understand that MPC received the Notice on June <br />18, 2001. The Corps requested a response to the three items identified in the request <br />within 30 days of receipt of the Notice. MPC's responses to Items 1-3 of the Notice are <br />set forth immediately below and therefore timely filed. <br />1. Information that will substantiate why the terms and conditions of <br />DA Permit 199380590 have not been complied with. <br />For purposes of clarification, the above statement of Item No. 1 from the Notice <br />suggests that there is more than one permit term and condition at issue. The Notice <br />alleges a violation of Special Condition E. The Corps has not specifically alleged that <br />any other term or condition in Permit No. 199380590 poses a compliance concern. <br />The application for Permit No. 199380590 was filed with the Corps by MPC on or <br />about August 31, 1993. On March 10, 1994, the Corps provided MPC copies of three of <br />the public comments it had received on the Section 404 application and it requested the <br />company's input on those comments. One such comment was supplied by the United <br />States Fish & Wildlife Service ("Service") and dated February 23, 1994. <br />