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<br />Applegate <br />~ Group, t~~. <br />July 12, 2001 <br />III IIIIIIIIIIIIIIII • <br />999 <br />Jeffrey W. Schwarz, Esq. <br />Massey, Semenoff, Schwarz & Bailey, P.C. <br />730 17`h Street, Suite 330 <br />Denver, Colorado 80202 <br />RE: May 5`h South Platte River Flow Event <br />Dear Mr. Schwarz: <br />Applegate Group, Inc. has completed its investigation of the failure of the levee adjacent <br />to the South Platte River located at the northwest comer of the Mobile Premix Concrete, <br />Inc. Howe Pit mine site in Adams County Colorado. It is our understanding, from <br />information provided to us by staff at the Urban Drainage and Flood Control District <br />("IJDFCD"), that the levee failed sometime during the afternoon and evening of <br />Saturday, May 5, 2001 during the course of an approximate 6000 CFS flow. The failure <br />caused a portion of the South Platte River to flow through what is commonly known as <br />the Bull Seep Slough, which is located immediately north of and on portions of the Howe <br />Pit property. <br />UDFCD retained the services of a contractor, Kemp & Hoffman, Inc., to repair the levee. <br />This reportedly occurred over the ensuing two weeks, at a cost of $46,606.18 (this <br />includes $16,824.94 worth of materials previously invoiced by Kemp & Hoffman to <br />UDFCD, which Mobile Premix subsequently donated to the response effort). It is our <br />understanding that a significant portion of the repaired levee is constructed of rock fill. <br />Some riprap was placed on the South Platte River side of the repaired azea to protect it <br />from erosion. We also understand that some attempt was made to key the riprap into the <br />existing subgrade. This is consistent with the accepted engineering practice for <br />construction of this type of structure. <br />On Wednesday June 13, 2001 we attended a meeting with you and representatives of <br />Mobile Premix that was held at UDFCD's offices. The meeting focused on UDFCD's <br />assessment of the primary cause of the May 5, 2001 flow event and the damage caused <br />by the event. UDFCD personnel and Ken Macintosh (a local adjacent property owner) <br />expressed the opinion that the failure was caused by the proximity of northern portions of <br />the Bull Seep to the South Platte River. <br />1499 West 120th Avenue, Suite 200 vww.applegategroup.wm 5441 Boeing Drive, Suite 200 <br />Denver, Colorado 80234-2720 Loveland, Coloredo 80538-6955 <br />