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DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT 106 SOUTH 15TH STREET OMAHA. NEBRASKA68102-1618 August 12, 2002 v . REPLY TO ATTENTION OF: District Engineer A'" 1 'Ub 2002 Cclorado V/;;1;~! Mr. Rod Kuharich, Director Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Dear Mr. Kuharich: This letter is in response to your previous request of Mr. Larry Buss, Chief, Hydrologic Engineering Branch, to approve a proposed marina, office, and events center within Cherry Creek Reservoir. The proposed facility consists of a 3-story reinforced concrete structure, which would house several multi-use activities. The first floor of the facility, which is to be located at elevation 5557.0 feet mean sea level (msl), contains locker rooms, classrooms, a mechanical room, and a storage area. The second level, which has an elevation of5567.7 feet msl, has been proposed to contain a kitchen, a bar, banquet hall, a commercial store, and restrooms. The third level, which has an elevation of 5579.0 feet msl, is proposed to have two offices, a kitchen, complete bathroom, and a break room. For reference, the 10-year, 100-year, and spillway crest elevations for the reservoir are 5556.0 feet msl, 5579.0 feet msl, and 5608.7 feet msl, respectively. We have reviewed the proposal on the basis of flood plain management, public safety, flood control, reservoir operation, and recreation, which are presented below. The Cherry Creek Reservoir project was authorized for construction under the Flood Control Act of 1941. The Army Corps of Engineers (Corps) has the exclusive responsibility of providing for public safety and the prevention of damages from flooding for the area located downstream from the project as well as within the reservoir area itself. The Corps owns or maintains flowage easements on lands located within the Cherry Creek Reservoir up to elevation 5623.0 feet msl. This land was purchased or an easement obtained strictly for flood control purposes. The 5623.0 feet msl elevation corresponds to a height of 14.3 feet above the spillway crest. In accordance with Policy Guidance Letter No. 32, Use of Corps Reservoir Flowage Easement Lands, dated May 26, 1993, and Engineering Regulation 1165-2-26, Implementation of Executive Order 11988 on Flood Plain Management, dated March 30, 1984, any proposed development within a reservoir project must be compatible with