2008-07-11_ENFORCEMENT - M1980252

• Permit No: M1980252
• IBM Index Class Name: Enforcement
• Doc Date: 7/11/2008
• Doc Name: Exposed Ground Water at Jefferson Flat Gravel Pit
• From: Herbert C. Phillips, Hates, Phillips, Hoffman & Carberry, P.C.
• To: DRMS
• Email Name: DB2
• Media Type: D
• Archive: No

?d 2-
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! HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C-
:? 1350 Seventeenth Street, Suite 450
Denver Colorado 80202-1576
Telephone: [phone]
Facsimile: [phone]
John E. Hayes Fairplay Office Hilary M. Graham
Corey Y. Hoffmann 675 Main Street Gregory D. Graham
Kendra L. Carberry P.O. Box 1046 Charissa A. Eckhout
Jefferson H. Parker Fairplay, CO 80440 Elizabeth C. Gross
Telephone: [phone] Cristy E. DiMaria
Of Counsel Facsimile: [phone]
Herbert C. Phillips
July 11, 2008 z/
Via Fax: [phone]
Ronald W. Cattany, Division Director
David Bird, DRMS
Tony Waldron, DRMS
David Berry, DRMS
Division of Reclamation. Minina and Safetv Ll?
1313 Sherman St., Room 315
Denver, CO 80203
Re: DMG File # M-1980-252 ?
Gentlemen:
This firm represents Park County, Colorado. We are in receipt of your letter dated June
16, 2008, notifying the County's Road and Bridge Department of your determination that the
County may have ex osed round water at its Jefferson Flat Gravel Pit in violation of C.R.S. §
34-32.5-116(4)(h) and Rule 3.6.1(1).
The County takes this notification and allegation very seriously. As a direct result of
your letter the County has retained the Applegate Group, Inc., and specifically Kimberly K.
Frick, P.G. of that firm, to address the concerns raised therein. I attach a copy of Ms. Frick's
preliminary response dated July 8, 2008, for your review, as well as her proposed scope of work
for an analysis of the situation at the Jefferson Flat Pit dated July 3, 2008.
As you can see from Ms. Frick's letters, an analysis of whether the Jefferson Flat Pit is
actually intercepting ground water would be somewhat difficult and be relatively expensive.
Thus, the County's current thinking is that it might be best for the County to pursue the second
course of action suggested in Ms. Frick's July 8, 2008 letter by submitting a well permit and
substitute water supply plan (SWSP) or a Plan for Augmentation for the Pit to properly account
8/4/08
C: (DOCUMENTS AND SETTINGSIDB2ILOCAL SETTINGSITEMPORARY INTERNET FILESIOLK41 DRMS LOLDOC