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Mr. Tom Schreiner January 11, 2002 Page 2 I MASSEY SEMENUFF SCHWARZ St BAILEY, P. C. Bull Seep north of the gas line as approved by the Task Force on January 7 would adversely impact the integrity of the reservoir liner and shell. MPC representatives met with Bryan Kohlenberg at UDFCD's offices yesterday morning to discuss the previously approved alignment in light of the facts presented above. MPC and UDFCD agreed that MPC should present an alignment similar to that set forth in Attachment A to this letter. MPC believes that this alignment, similar to the one earlier approved by the Task Force, will provide a stable, environmentally sensitive, and compliant means for conveying flows across the Howe property by way of the Bull Seep. The next meeting of the Task Force will be on January 23, 2002. The alignment issue described above will be presented to the Task Force for discussion. We will report to you after the meeting to convey the Task Force reaction to the alignment north of the gas line depicted in the attached Plan. ^ Bull Seeo Carrvina Caoaci An initial recommendation of the UDFCD Task Force concerned the carrying capacity of the Bull Seep. The Task Force suggested that if the carrying capacity could be reduced, the footprint of the Bull Seep alignment and, therefore, its potential impact on the conservation easement on the Howe property could be also reduced. Under the existing Drainage Control Plan, the portion of the Bull Seep south of the high-pressure gas line is to have a carrying capacity of 150 cfs. Its capacity from the confluence of the Bull Seep and First Creek at the gas line and proceeding north is set at 350 cfs. The Task Force asked that MPC explore the possibility of reducing the overall capacity of the Bull Seep north of the gas line to 250 cfs. This would be accomplished by limiting its capacity south of the gas line to 50 cfs. To achieve this goal, MPC initiated discussions with the Fulton Irrigating Ditch Company ("Fulton"), the entity that has utilized the Bull Seep historically to return certain limited flows to the South Platte River. Attachment B to this letter contains copies of: (a) a November 14, 2001 memorandum from John Hamilton of Mueller Engineering (retained by the South Adams Water and Sanitation District - a Task Force participant) regarding the historic interaction of the Bull ' The alignment approved by the Task Force was located east of the Adams County conservation easement boundary identified on the attached Plan. MPC agreed to this alignment as an acceptable means of meeting a Section 404 permit directive intended to minimize impacts of the Bull Seep alignment on the western portion of the Howe property. MPC reserved the right in the conservation easement it granted to Adams County to relocate the Bull Seep and First Creek watercourses as reflected in the attached Plan.