Laserfiche WebLink
PETROS & WHZTELLc <br />ATTORNEYS AT LAW <br />1999 BROADWAY, SUITE 3200 <br />DENVER, COLORADO 80202 <br />TELEPHONE (303) 825-1980 <br />FAcsm . (303) 825-1983 <br />May 22, 2009 <br />Via e-mail and U.S. Mail <br />Mr. Dave Nettles <br />Assistant Division Engineer, Division 1 <br />Ms. Shera Somerford <br />Water Commissioner, District 5 <br />810 9 h Street <br />Greeley CO, 80631 <br />Re: Dowe Flats Surface Water Substitution or Exchange, Addendum to Proposal <br />Dear Mr. Nettles and Ms. Somerford: <br />This letter is intended to provide an additional clarification to the Dowe Flats Surface <br />Water Substitution or Exchange proposal that we submitted to you on behalf of our client, <br />Cemex Inc., by letter dated May 8, 2009. <br />As indicated in the May 8, 2009 proposal, prior to 2006, Cemex removed precipitation <br />that collected in the quarry pits located in Dowe Flats by pumping the water out of the pits and <br />discharging the water into a ditch or drainage tributary to St. Vtain Creek. This dewatering was <br />achieved pursuant to the terms of a discharge permit issued by the Colorado Department of <br />Public Health and Environment, Permit No. CO-0043656, and well permit issued by the State <br />Engineer's Office, PennitNo. 045501-F. <br />Cemex intends to retain the future option of dewatering the quarry pits rather than <br />exercising the proposed substitution or exchange, conditional upon Cemex obtaining the <br />necessary permits and approvals for such dewatering activity. Should Cemex elect to dewater <br />rather than provide water in substitution for the collected precipitation, Cemex shall, at the time <br />of such election, notify the Water Comnussioner and provide sufficient C-BT water to account <br />for any water currently stored in the pits out-of-priority. <br />Please do not hesitate to contact me or Ray Petros if you have any questions regarding the <br />proposal or this addendum. <br />Sine ely, <br />Nicole son <br />Raymond L. Petros, Jr.