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Mr. Tom Schreiner • MASSEY $EMENOFF SCHWARZ Br BAILEY, P.C. <br />November 21, 2001 <br />Page 2 <br />demonstrate that the present location of the Bull Seep had nothing to do with the <br />events that occurred on the South Platte River on May 5, 2001, the company <br />also believes that a cooperative relationship with Mr. McIntosh represents a <br />constructive approach to resolving potential issues between the parties. Should <br />the easement be secured, the attached plans would be altered to reflect a <br />discharge of the Bull Seep to portions of the Bull Seep Slough located on the <br />McIntosh property. The easement would also provide MPC additional flexibility in <br />the Slough for addressing 100-year First Creek flood flows from the reservoir <br />spillway called for in the Reclamation Plan. <br />I believe that MPC has made significant strides in meeting both the letter <br />and spirit of the Board's October 26 order. Please call me so that we can further <br />discuss the proposed extension of time. <br />Thank you. <br />Sincerely yours, <br />Jeffrey W. Schwarz <br />Attachment <br />