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<br />• <br />277 acres. The permit authorized mining within 100 feet of the South Platte River and, <br />as part of the reclamation, the creation of two reservoirs to be located immediately <br />adjacent to the river (one north of the gas pipeline that transverses the site, and one <br />south of the pipeline). <br />During the Spring of 1990, MPC acquired the 111-acre Haller property located <br />adjacent to the Howe property and completed a second amendment of Permit M-1978- <br />052 to include a total of 388 acres within the mine permit boundary. The amended <br />permit was approved by the Board on September 20, 1990. <br />On March 16, 1998, MPC sold the Howe/Halter property on which the Howe Pit is <br />located to the City and County of Denver, acting by and through its Board of Water <br />Commissioners ("Denver Water'), and the South Adams County Water and Sanitation <br />District ("South Adams"). MPC presently leases the Howe/Hailer property from Denver <br />Water and South Adams for the continued purpose of aggregate mining. Sealed water <br />storage reservoirs are being constructed as provided in the effective Reclamation Plan <br />to be used in the future by the owners of the site. <br />B. Bull Seep and Bull Seep Slough <br />The so-called Bull Seep is a historic feature that traversed the Howe/Halter <br />property prior to mining. See Applegate Figure 1-2. The Bull Seep begins south of 88tH <br />Avenue near certain historic fish hatcheries. The Bull Seep collects water that is <br />discharged to the main ditch of the Fulton Ditch Company. During the winter months <br />when the Fulton Ditch is not in priority, the discharge from the Bull Seep and any <br />discharge from the Fulton Ditch is diverted at approximately 104tH Avenue from the <br />Fulton Ditch and back into the Bull Seep. The waters were then diverted back to the <br />South Platte River at a location just downstream of a diversion structure installed by the <br />New Brantner Extension Ditch Company in 1947. During the summer months when the <br />Fulton Ditch is in priority, the Bull Seep north of 104tH Avenue collects certain seep and <br />drainage waters that are similarly discharged to the South Platte River. <br />Historical aerial photography of the Howe/Halter property confirms that a channel <br />feature now referred to as the Bull Seep Slough: (1) was first established by significant <br />flooding on the South Platte River 35 years ago in 1965; (2) has been continually fed by <br />alluvial waters and other waters since at least 1973; and (3) has been open directly to <br />the South Platte River prior to May 2001 on at least two previous occasions. See <br />Applegate Figures 1-2, 1-3 and 1-4. Since 1973, northern portions of the Bull Seep <br />have been hydrologically connected to the Bull Seep Slough. <br />To accommodate mining at the Howe Pit, and as provided in the amended <br />Permit M-1978-052 issued in September 1990, MPC was authorized to relocate <br />portions of the Bull Seep that traversed the area now known as Reservoir B at the Howe <br />Pit. The relocated Bull Seep was routed along the southern Howe/Halter property <br />boundary to the western portion of the Howe/Halter site and along the west side of the <br />property to the Bull Seep Slough. Waters from the Bull Seep flow through the Bull Seep <br />2 <br />