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t7ENVER WATER <br />1600 West 12th Avenue • Denver, Colorado 802043472 <br />Phone 303.62&6460 • Fax No. 30362&6478 <br />January 13, 2004 <br />m- 1~1'I'I- 153 <br />VIA Telefacsimile and U.S. Mail <br />303-832-8106 <br />~;~t~£c~~'tevli- <br />A~ ~/ <br />RECEIVED <br />JAN 1 4 2004 <br />Mr. Ronald W. Cattany Oirision ~f Minerals and Geology <br />Division Director <br />Division of Minerals and Geology <br />313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: Reason to Believe a Violation Exists for Mining without a Permit <br />Dear Mr. Cattany: <br />On January 5, 2004, Jim Weldon, Engineer for Denver Water, John Hamilton of Muller <br />Engineering, Engineer for South Adams County Water and Sanitation District (South Adams) <br />and Denver Water and I attended a meeting with Tony Waldron, Harry Posey and Bruce <br />Humphries of the DMG staff and Steve Brown of the Attorney General's office. <br />At that time, we were informed of alleged violations by Denver Water or its contractors <br />regarding the failure to obtain a reclamation plan for work which was underway on property <br />owned by Denver Water, but adjacent to properties covered by Reclamation Permits issued by <br />DMG. The problem seems to stem from Denver Water's efforts to construct a slurry wall around <br />properties that have been mined or are being mined for sand and gravel. I have subsequently <br />received your January 5, 2004 Notice. <br />The 120"' Avenue Roadway project which is currently underway by the Colorado <br />Department of Transportation and Adams County will impact the planned uses of the adjacent <br />properties acquired by Denver Water and South Adams for municipal water storage. Because of <br />those impacts, Denver Water, South Adams and the County negotiated an Intergovernmental <br />Agreement, dated June 25, 2003 which includes a term and condition regarding construction of a <br />slurry wall along that portion of the excavation which will be affected by the highway <br />embankment. Because of the timing of the highway project, it was necessary to commence <br />construction ofthe slurry wall project last summer. In August, I provided copies of the plans for <br />the project to DMG staff.' Denver Water's erigineers,subsequently;met with DMG staff to. , <br />explain the necessity of starting the installation of the slurry wall. Neither Denver Water rior its <br />.contractor believed'any permits were necessary because the excavation and slurry mixing were <br />taking place on property owned by Denver •Water and South Adams, and the material was being <br />used to restore embankments and for the slurry wall.. <br />CONSEZVE <br />Patricia L. Wells, General Counsel, Legal Division <br />