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• <br />G.M. NAGEL <br />STRUCTURAL ENGINEERING <br />FACILITY ENGINEERING <br />PROJECT REVIEWS AND PROPERTY REPORTS <br />April 24, 1990 <br />Mr. Fred Banta - Director <br />Mined Land Reclamation Division <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 00203 <br />Re: Castle Concrete CAP <br />Dear Fred, <br />iiiiiiiiiiiiiiiiii <br />CONSULTING ENGINEER <br />MEMBER AMERICAN SOCIETY OF CIVIL ENGINEERS <br />MEMBER AMERICAN SOCIETY OF MECHANICAL ENGINEERS <br />M EM BERINTrE]R~~NATIONAL~~C,OIyNrF~tE~Ra,.EyO OE E.gY~IryQgFFICIALS <br />~ B -^' -. rlryi4 ~HT'[J~~r pVC,iffill''/1 <br />~~PR 2 7 t39'J <br />MsIN~J ln~.« <br />Thank you for your letter of April 16, 1990. I want to address this letter to <br />you because I feel a decision needs to be made concerning resolution of HR-6. <br />Unless more people are conversing with you or your staff on the IiR-6 problem <br />than are conversing with me, we are no closer to resolution today than we were <br />months ago. <br />In my opinion, the only option Castle Concrete can legally pursue would be <br />Option Five within John Doerfer's letter of April 4, 1990. To ask for <br />concessions or waivers of liabilities from the landowner, the RTC, appears <br />unlikely to occur. After all, use of the access road is for the benefit of <br />Castle Concrete. Castle Concrete does have a warranty deed of easement which <br />places maintenance and passageway improvements along the 100' easement within <br />their control. <br />In my opinion, it is the responsibility of the Division to direct Castle <br />Concrete to remedy the hydrologic problem within a prompt timetable in order <br />to minimize additional damage. As of this date only partial clean up has been <br />completed of the rock chips and other sedimentation carried beyond the 100' <br />easement boundary. Presently adjoining subdivision culverts are potentially <br />being damaged by being filled with sedimentation from the access road area. <br />To summarize my position, Mr. Doerfer and I have identified a viable option, <br />Option Five. If Castle Concrete has another option which they can implement, I <br />would be interested to review the content of that option. Please keep me <br />informed of the Division's status of this item. Your past cooperation and <br />that of your staff has been greatly appreciated. <br />Sincerely, <br />Grego M. Nagel, P. . <br />cc: G. Scott Briggs, Esq. <br />CMN/dy <br />Majestic Building Colorado Springs, Colorado 80903 <br />7 East Bijou, Suite 214 Phone (719) 577-9797 <br />