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JUL-13-2001 FRI 10;10 AM MAS~ SEMENOFF FAX N0, 3031829 P, 02 <br />IVIASSEY <br />SEMENOFF <br />SCHWARZ 8f <br />BAILEY, P.C. <br />At10RNEVS AT Lww <br />THE EQUITABLE $DRDING <br />730 SEVENTEENTH STREET, SUITE 330 <br />DENVER, COLORADO $OZOZ <br />TELEPHONE 303.$93.1$1 S <br />FAx 303.893,1$29 <br />wovw. mss de nverlaw. co m <br />EowAao w. $TFRN, ESQ. <br />IN MFl10WM 1942.2000 <br />July 13, 2001 <br />VIA FACSIMILE 8~ FIRST CLASS MAIL <br />Mr. Tom Schriener <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 />JschwaR®mssdenvedaw.com <br />Re: Mobile Premix Concrete, Inc., a subsidiary of Lafarge Corporation <br />Howe Pit, Permit No. M-78-052 <br />Dear Mr. Schriener: <br />This letter follows up on your inspection of the Howe Pit on Thursday <br />morning July 5, 2001. At the conclusion of the inspection, you, Bruce <br />Humphries, and Carl Mount suggested that there were three possible areas of <br />compliance concern- These included: (a) whether mining at the Howe Pit had <br />occurred within 400 feet of the South Platte River; (b) whether the current <br />location of the Bull Seep is consistent with that approved by the MLRB; and (c) <br />whether the current location of the Bull Seep resulted in off-site impacts from a <br />May 5, 2001 flow event on the South Platte River. The following is provided for <br />your consideration as it pertains to these three post-inspection concerns. <br />^ Active Mine Area -Conservation Easement <br />Prior to observing northwest portions of the Howe Pit property on July 5, <br />DMG referenced language contained on the first page of the "Mobile Premix <br />Concrete, Inc, -Final Drainage Report for Howe Pit, Adams County, Colorado," <br />that was included in the mine permit amendment application filed with your office <br />on or about June 1, 1990. The final paragraph on the first page of the report <br />"contemplates a possible relocation" of the Bull Seep as shown en the "Howe Pit <br />Amendment Drainage Plan" prepared by Tuttle-Applegate, Inc. (1-10-90) and <br />also included in the application. DMG suggested that the Drainage Plan map <br />required that the active mine area be set back 400 feet from the South Platte <br />