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dUl.-13-2001 FRI 10:10 AM MAS~ SEMENOFF FAX N0, 3031829 P, 03 Mr. Tom Schriever July 13, 2001 Page 2 MASSEY SEMENOFF SCHWARZ & BAILEY, P.C. River. Your conclusion in this regard is based on a map note that states "400' min setback." The note includes an arrow that points at a line that we believe was intended to depict a point 400' east of the South Platte Phase B Mater Plan Alignment (see map legend). While we appreciated DMG's efforts to make measurements of certain features in the field, Mobile Premix is presently having various of the areas in question surveyed and wilt supply the resulting information as soon as it becomes available. Should this information indicate that active mining is closer than 400' from the South Platte Phase B Master Plan Alignment, we believe this to be likely attributable to movement of the River since 1980 and not to the location of the active mining operation at the time mining first occurred. ^ Bull Seep Location As we also discussed last Thursday before proceeding on-site, the alignment of the Bull Seep should likely be consistent with the documents identified below, including the applicable reclamation plan map for Permit No. M- 78-05Z (item "(c)" below). You indicated that the final reclamation plan map may not be in DMG's files. We would be happy to supply a copy of the map at your request. (a) Final plat for Eagle's Roost Reservoirs Subdivision, Adams County Zoning Case No. 109-92-P, recorded in the Adams County Clerk and Recorder's Office on March 23, 1995 at File No. 17, Map No. 361, Reception No. 00060703 (b) Easement known as the "Relocation of Bull Seep and First Creek,° between the Fulton Ditch Company and Mobile Premix Concrete, Inc„ recorded in the Adams County Clerk and Recorders Office on August 23, 1995 at Reception Na. C0100417 (c} Map labeled Exhibit G-1 entitled, °6cisting Conditions with Proposed Drainage Ways for the HallerlHowe Pit, Adams County, Colorado," revised "8l7I90," recorded in the Adams County Clerk and Recorder's Office on October 25, 1995 (Reception No. C012001$) pursuant to Adams County Conditional Use Permit Amendment Case No. 12-90-C, recorded May 22, 1990 in the Adams County Clerk and Recorder's Office, Book 3676, Page 309t The location of the Bull Seep depicted on the revised Exhibit G-1 is consistent with the following correspondence involving the concerned agencies at the time Mobile Premix was seeking a Mined Land Reclamation Permit amendment from the Mined Land Reclamation Board in 1990: (a) June 15, 1990 Letter from Bill DeGroot, P.E., UDFCD, to Greg Squire, MLRD re: "Howe Pit MLRD File M-78-052°; (b) July 25, 1990 Memorandum from John T. Doerfer, MLRD, to