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IVIASSEY <br />SEMENOFF <br />SCHWARZ 8c <br />BAILEY, P.C. <br />ATTORNEYS AT LAW <br />HUDSON~S BAY CENTRE <br />1 GOO STOUT STREET, SURE 1 7OO <br />DENVER, COLORADO 80202 <br />TELEPHONE 303.893.1815 <br />FAx 303.893.1829 <br />www. mssdenverlaw.com <br />EDWARD W. STERNS ESQ. <br />IN MEMORIAM 1942-2000 <br />April 5 2002 <br />VIA FACSIMILE & FIRST CLASS MAIL <br />Mr. Tom Schreiner <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 />jschwarz@mzsdenve rlaw.com <br />RECEIVED <br />~'.~R o s zoos <br />v.:I,ion of Minerals and Geology <br />Permit #: ~7g ds~- Confidental?: <br />Class: Ui a Type-Seq.:7~~ <br />From' E c t~ r~ /E( ~ To: Q <br />Doc. Name:1'n~onsis YICV-7Rl dt., Csrrzc V~ <br />Doc. Date p(if no date stamp):/ <br />/arts Y-./~ NOl/ N4V~a0v1-o~l <br />Re: Mobile Premix Concrete, Inc. ("MPC") Howe Pit <br />Permit No. M-78-052 -Revision No. TR-1 <br />Dear Tom: <br />. This letter proposes a reconciliation of certain inconsistencies between the <br />Revision No. TR-1 your. office issued MPC on March 18, 2002 for Permit No. M- <br />78-052, and a Mined Land Reclamation Board ("MLRB") decision on March 20, <br />2002 to revise its October 26, -2001 Order pertaining to NOV MV-2001-041. <br />On March 20, the MLRB approved certain revisions to its October 26, <br />2001 Order. These included, revising Section 2.B of the Order to clarify that the <br />components of the Revised Drainage Control Plan relating to the Bull Seep from <br />its confluence with First Creek to its confluence with the Bull Seep Slough are to <br />be installed by no later than April 24, 2002. Similarly, Section 2.C of the Order <br />was revised to clarify that the certified "As-Built Drainage Control Designs" for <br />each component of the Revised Drainage Control Plan also relate to those <br />components associated with the Bull Seep from its confluence with First Creek to <br />its confluence with the Bull Seep Slough. The May 31, 2002 submittal deadline <br />for the "as-builts" remained unchanged in the Order. <br />Stipulation No. 1 to the March 18, 2002 Revision No. TR-1 requires that <br />MPC "submit a revised reclamation cost for the entire Howe Pit by April 12, <br />2002, which includes the installation costs of any components of the revised <br />drainage control plan which were not installed as of March 31; 2002." (Emphasis <br />added.) Revision No. TR-1 further provides that the estimated "liability amount" <br />for the Howe Pit will be revaluated by DMG on April 12 and that the TR will not <br />be finalized until a final bond amount is approved. <br />