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MASSEY <br />SEMENOFF <br />SCHWARZ 81 <br />BAILEY, P.C. <br />ATTORNEYS AT LAW <br />• E EQUITABLE BUILDING <br />J3O SEVENTEENTH STREET, SUITE 33O <br />DENVER, COLORADO 80202 <br />TELEPHONE 303.893.181$ <br />FAx 303.893.1829 <br />www. m ssdenverlaw.cdm <br />EDWARD W. STERN, ESQ. <br />IN MEMORIAM 1942-2000 <br />July 12, 2001 <br />Ben Urbonas, Chief <br />Bryan Kohlenberg, Project Engineer <br />Master Planning and South Platte River Programs <br />Urban Draina~e and Flood Control District <br />2480 West 26 h Avenue, Suite 1568 <br />Denver. Colorado 80211 <br />Re: May 5, 2001 South Platte Flow Event <br />Gentleman: <br />~ iiiiiiiiiiiiiiiiii <br />JEFFREY W. SCHWARZ <br />303.893.0999 <br />jsc hwarz@ms sdenverl aw. com <br />RECEIVED <br />JUL 1 3 9~pi <br />Division of Minera!c and Geology <br />This letter follows up the June 13 meeting at your offices regarding the <br />May 5, 2001 flow event that occurred in an area proximate to property owned by <br />the Denver Water Department ("Denver Water") and the South Adams County <br />Water and Sanitation District ("South Adams") known as the Howe/Halter Pit. <br />This firm's client, Mobile Premix Concrete, Inc., a subsidiary of Lafarge <br />Corporation ("Mobile Premix" or "MPC"), acquired the 277-acre Howe property in <br />1977-78, and the remaining acreage (i.e., the Haller property) that comprises the <br />Howe/Halter Pit in 1989. MPC sold the Howe/Hailer property on which the <br />Howe/Hailer Pit is located to Denver Water and South Adams County in March <br />1998. MPC currently leases the property from Denver Water and South Adams <br />for the purpose of continued aggregate mining and the construction of sealed <br />water storage reservoirs on the reclaimed site for its current owners. <br />MPC intends to reimburse the Urban Drainage and Flood Control District <br />("UDFCD") for the costs UDFCD incurred in responding to the May 5, 2001 flow <br />event, and to donate certain materials UDFCD's contractor used during the <br />response, as provided in the schedule set forth in Attachment A to this letter. In <br />addition, Lafarge intends to relocate a portion of the Bull Seep as indicated on <br />the map prepared by Applegate Group, Inc. set forth in Attachment B to this <br />letter. The alignment of the Bull Seep depicted on the map is consistent with the <br />following: <br />