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CIVIL RES'~URCES,LLC <br />ENGINEERS & PLANNERS <br />March 31, 2006 <br />Mr. Tom Schreiner <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Af/'~ t Yom~Y'' <br />~df~af~ ~N <br />APR 0 3 2006 <br />.~rviilon of Minerals and Geology <br />RE: Potential Violation of DMG Permit by Lafarge Cl ets:b` Yt~.-a/ ~a~x~et')~f <br />~'erx+Ir~N•• ~r-awf-o7g '~,t~rpr~rr ~c.s.~c~.r .~es.~.r~e" <br />Dear Mr. Schreiner: <br />Civil Resources, LLC would like to take this opportunity to provide mitigating considerations with regard to the <br />potential permit violation associated with excavation of the shallow ditch near the Lupton Lakes property <br />boundary. Following are several statements that summarize why we do not feel that an official violation is <br />required or appropriate in this instance: <br />1. The intent of Rule 6.4.19 is to protect adjacent structures from damage due to mining activities. It is <br />our opinion as professional engineers that the structure in question (a fence that is already in <br />disrepair} was never in danger of being damaged by the presence of the constructed ditch. The <br />ditch was at nearest, 3-feet away from the fence, had a 1:1 side slope, was only two feet deep and <br />was dry. As you observed during your field visit, no damage was evident and the fence was not <br />observed to be failing into the excavation. <br />2. The permit allows the miner/operator to make improvements necessary to operate the mine site <br />within the permit boundary. The permit boundary extends to the property boundary. It is standard <br />practice on almost every mine site to construct stormwater control ditches near the property <br />boundary to reduce the amount of runoff and erosion that occurs on the mining face. <br />3. Lafarge immediately backfilled the ditch when notified that this could result in a violation of the <br />permit. <br />The neighbor who filed the complaint was obviously belligerent and looking for some way to hurt the Lupton <br />Lakes project and Lafarge. An official violation would only empower this neighbor and lead to future <br />unwarranted complaints. <br />Please contact me if you have any questions. <br />Sincerely, <br />CIVIL RE,~~SO'UR~CES, LLC _ . <br />~'~6>%~ ~~5 ; <br />Brad L. Hagen, P.E. <br />J:ISW Investment Group-1231SW TKO Joint VenlurelDMG PERMIT15chn:iner-violaGonl.doe <br />451 OAY. STREET, SUITE 209 ~ P. O. BOX 680 • FREDERICK, CO B053O ~ 1303) 833-1 41 6 ~ (3031 833-2850 - FAx <br />