2003-10-02_REVISION - M2001085 (4)

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The sixth site, identified by the Colorado Inventory of Cultural Resources as located in the SE SE SW SW quarter of Section 35, is a segment of the Fulton Ditch adjacent to 120th Avenue. This segment of the Ditch was assessed in 1994 as retaining its historic features and considered a "contributing element" to the Fulton Ditch, which, in 1984, was deemed in its entirety as eligible for listing on the National Register of Historic Places. A copy of the Colorado Historical Society's site data, pertaining to this segment of the Fulton Ditch, is attached to Exhibit H. Potential cultural resources encountered during activities proposed by this Application to Amend will be preserved and reported to the Office of Archeological and Historic Preservation for that Office's recommendations on how to proceed. U.S. Army Coms of Engineers The Denver Regulatory Office of the Army Corps of Engineers has visited the property belonging to the Henderson Water Ski Club and determined that the 20 acre lake is `isolated waters,' not within the Corps' jurisdiction. Therefore, dredging within the ski lake does not require a permit or other authorization from the Corps. A letter from the Corps confirming this determination is attached to this Exhibit M. The bridge proposed for crossing the Fulton Ditch will be constructed with railcazs 60 feet in length; whereas, the channel of the Ditch is generally 30 - 35 feet in width. Railcars will be placed on footers using a crane during the winter months, when there is no flow in the Ditch. Construction of the bridge will not require excavation in the Ditch or placement of excavated material into the Ditch. Footers will be placed on the Ditch embankment, outside of the channel and beyond any potential wetlands vegetation, on hard, dry, supportive land. Therefore, construction of the bridge will not require a permit or other authorization from the Corps of Engineers. Colorado Division of Water Resources The Division of Water Resources does have an interest in the proposed activity; however, this agency has not yet responded to the Applicant regarding the need to augment possible groundwater water losses that occur as the result of dredging from the ski lake. Because dredging will be completed in a period of 2 to 3 months of the winter and spring, and surface water pumped from the ski lake will be returned to the lake, The Applicant does not expect a need to augment; however, the Applicant understands that the Division of Water Resources will review this application and will comply with whatever requirements are imposed. CDPHE -Water Quality Control Division The Applicant is certified (Certification No. 500421) under CDPS General Permit No. COG-500000 For Sand and Gravel Processing to discharge to surface waters from two locations of the 124th Estates Sand and Gravel Mine. One of these locations is the Application to Amend 124' Estates Partners DMG Regular 112 Reclamation Permit M-2001-085 124`h Estates Sand and Gravel Mine Prepazed by Scott Keen - Se¢[ember 2003 Henderson, Colorado