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IVIASSEY <br />SEMENOFF <br />SCHWARZ 8t <br />BAILEY, P.C. <br />ATTORNEYS AT LAW <br />iii iiiiiiiiiiii iii , <br />HUDSON~S BAY CENTRE <br />I EOO STOUT STREET, SUITE 1 JOO <br />DENVER, COLORADO BO202 <br />TELEPHONE 303.$93.1815 <br />FAx 303.893.1829 <br />www. m s s d e n v e r l aw. co m <br />EDWARD W. STEM, ESO. <br />IN MEMORIAM 1942-2000 <br />JEFFREY W. SCHWARZ <br />303.893.0999 <br />j schwarzC~mssdenve rlaw. com <br />December 7. 2001 <br />VIA HAND DELIVERY <br />DEC 01 2001 <br />Mr. Tom Schreiner <br />Environmental Protection Specialist <br />Division of Minerals and Geology <br />Colorado Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Mobile Premix Concrete, Inc. ("MPC") Division of Mineral's and <br />Geology ("DMG") November 21, 2001 Request for Additional <br />Information, Howe Pit, Permit No. M-78-052 <br />Dear Tom: <br />By letter dated December 4, 2001, Lidstone and Associates provided your <br />office copies of a letter to this firm that addressed Items 2, 3 and 4 in the above <br />referenced DMG request for additional information. The following sets forth <br />information responsive to Items 1, 5 and 6 in the November 21 request. <br />Item 1 <br />Please provide copies of any as-built engineering details, photographs, or <br />other records which verify how, when, and where an outlet structure was <br />installed at or near the intersection of the relocated Bull Seep and the Bull <br />Seep Slough. <br />Response <br />On October 16, 2001, this firm supplied DMG an affidavit executed by <br />John Hickman, Senior Land Manager at the company. The affidavit confirms that <br />in 1995, Mr. Hickman toured the area where the Bull Seep and Bull Seep Slough <br />met and that he observed at that location a concrete rubble structure company <br />representatives had installed. The company has been unable to locate any as- <br />built engineering details of the structure. This firm is working to finalize affidavits <br />from present and former MPC employees who have personal knowledge of the <br />structure. These will be supplied to your office as soon as they are completed. <br />RECEIVED <br />Division of Minerals and Ceolojly <br />