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wkz, ?f,ld <br />P <br />VRANESH AND RAISCH, LLP <br />ATTORNEYS AT LAW <br />1720 14th Street, Suite 200 P.O. Box 871 Boulder, Colorado 80306 <br />Phone: 303.443.6151 Fax: 303.443.9586 <br />www.vrlaw.com <br />June 3, 2010 <br />Via Regular Mail and email <br />Tony Waldren <br />Division of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Brannan Pit 29 <br />File No. M-1980-183 <br />Dear Tony: <br /> <br />i?r s© <br />01 POclanlaftn, <br />M", MET <br />Thank you for meeting with us yesterday regarding the ground water mounding concern in the <br />vicinity of the Stagecoach Pit owned and operated by Frei and the above-referenced Pit 29 <br />operated by Brannan Sand & Gravel Co. ("Brannan"). As you know, the Division of <br />Reclamation, Mining and Safety ("Division") identified this concern in an Inspection Report <br />issued on September 21, 2009 and in a letter from Ms. Pineda to Brannan dated March 23, 2010. <br />During our meeting, I reviewed the circumstances and reiterated the points in my April 23, 2010 <br />letter to Ms. Pineda explaining why there was no support for the Division's initial assessment <br />that Brannan may be partially responsible for the ground water mounding. Nevertheless, as I <br />explained in my letter to Ms. Pineda, Brannan was continuing to work voluntarily with Frei and <br />the Zigan Lake homeowners to develop a water management strategy far the Stagecoach Pit. As <br />stated during our meeting, Brannan's willingness to cooperate with Frei on the water <br />management strategy for the Stagecoach Pit should not be viewed as all admission of any <br />responsibility for the ground water mounding concern. <br />As reflected in the attached letter, Brannan and Frei have now come to terms on a cooperative <br />and cost sharing approach for the Stagecoach Pit water management strategy which will consist <br />of the installation of a drainage system designed by Frei. Installation will not occur until this fall <br />when the natural ground water levels are low. Frei has agreed to continue to operate and <br />maintain the pumping system at Zigan Lake until the drainage system its installed. <br />In light of the above, Brannan requests that you close out the Inspection Report and Ms. Pifieda's <br />March 23 letter with some recognition that, based on. the technical and legal arguments Brannan <br />has provided, the Division no longer believes that Brannan is responsible at this time for the <br />S:\Client\Brannpit29\L.etter to DBMS -- ground water inspection, 6.3.10.doc