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Mr. Tom Schreiner MASSEY $EMENOFF SCHWARZ & BAILEY, P.C. <br />April 5 , 2002 <br />Page 2 <br />Given the scope and timing of Stipulation No. 1 when compared to the <br />MLRB's March 20 revisions to the October 26, 2001 Order, MPC proposes that <br />Revision No. TR-1 be rescinded and reissued by the Division (or otherwise <br />amended) with the following language: <br />Stipulation No. 1 <br />The operator will submit, by no later than May 8, 2002, a revised <br />reclamation cost for the components of the Revised Drainage <br />Control Plan to be installed from the confluence of the Bull Seep <br />and First Creek to the confluence of Bull Seep and the Buli Seep <br />Slough that are not installed by April 24, 2002. The estimated <br />liability amount for the Howe Pit will be reevaluated should MPC fail <br />to install the components of the Revised Drainage Control Plan in <br />the cited areas by April 24, 2002 and, in such case, will be based <br />on the information MPC submits by no later than May 8, 2002. The <br />revision will be deemed final upon the occurrence of either of the <br />following: (a) installation of the required drainage plan components <br />by no later than April 24, 2002 as provided in the Board's March 20, <br />2002 revisions to its October 26, 2001 Order regarding the Revised <br />Drainage Control Plan; or (b) if such components are not installed <br />by such date, upon Division approval of a revised final bond. <br />Finally, as we have discussed, MPC currently believes that the Revised <br />Drainage Control Plan filed on February 27, 2002 will be further revised at some <br />future date to address issues pertaining to the 100-year flood event on First <br />Creek. That stated, and as we have also discussed with both you and the <br />MLRB, such revisions can only occur after the Denver Water Department and the <br />South Adams County Water and Sanitation District determine how they wish to <br />operate the reservoirs at Howe with other similar reservoir structures they are <br />completing immediately adjacent to and north of the Howe property. At that time, <br />a comprehensive reevaluation of the existing bond may be warranted. <br />Please call me at your convenience to discuss. <br />Sincerely yours, <br />~~ <br />eJ rffey W. Schwarz <br />