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Mr. Tom Schreiner January 11, 2002 Page 3 i MASSEY $EMENUFF SCHWARZ Sr BAILEY, P.C. Seep and the Fulton Ditch; (b) a November 20, 2001 letter from this firm to counsel for Fulton regarding the capacity reduction; and (c) Fulton's December 17, 2001 response to our November 20 letter. The December 17 Fulton letter was issued after MPC attended the regular meeting of the Fulton Board on December 14, 2001 to discuss the capacity reduction. Based on the correspondence in Attachment B, the reduction in capacity endorsed by the Task Force will be implemented as indicated on the attached Plan. ^ McIntosh Farm Co. Easement Waters conveyed in the Bull Seep are to be discharged to the Bull Seep Slough across portions of property owned by the McIntosh Farm Co. ("McIntosh"). The affected portion of the McIntosh property is also subject to a conservation easement held by Adams County. MPC is presently working to complete the acquisition of an easement to route the Bull Seep flows across the McIntosh property and to place certain rip-rap structures on that property. To accomplish this task, Adams County must provide its approval under the controlling conservation easement. Provision in the easement is made for this sort of eventuality (i.e., structures that will enhance conservation values). Representatives of Adams County have been participating on the Task Force. They have alerted MPC to the information that will be required for the Parks Department staff to recommend approval of the McIntosh/MPC easement to the Board of County Commissioners. Once the Commissioners approve the structures, the easement with McIntosh Farm Co. will be finalized and executed. ^ Bull Seep Slouch/South Platte River Structure By the terms of Section 2.A of the Board's Order, the Revised Drainage Control Plan is to consider "current hydrologic conditions" and be "designed to minimize on-site and off-site damage." While MPC has demonstrated that it can safely and non-erosively convey flows of 250 cfs by way of the Bull Seep through the Bull Seep Slough to the South Platte River, the Task Force is concerned that mining conducted by Albert Frei & Sons in the South Platte River in conjunction with the Hazeltine Pit has created instability in the River evidenced by upstream head-cutting in the Bull Seep Slough and other areas on the River. The attached Plan therefore depicts a drop structure located near the confluence of the Bull Seep Slough and the South Platte River. The final size, elevation, and location of this structure has not been determined by the Task Force. The UDFCD has committed to supply a significant portion of the funding for this structure. It is further expected that UDFCD and MPC will work together to ensure the structure is installed consistent