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(2) Aerial photographs of the area in question from 1966 depict the Bull Seep Slough alignment and a significant amount of water east of the South Platte River in the Bull Seep Slough and in low spots that are near the present relocation of the Bull Seep alignment. (3) On May 6, 1973 a 100-year flood occurred along the South Platte River. A 1973 aerial photograph of the area in question clearly shows the Bull Seep Slough to resemble its pre-May 5, 2001 configuration. There is also a significant amount of water present in the Bull Seep Slough and a large well-defined channel. See Applegate Figure 1-3, 1-4. (4) At a June 13, 2001 meeting at UDFCD, also attended by DMG, Mr. Ken McIntosh, an adjacent property owner, confirmed that the area of concern breached as a result of the 1973 flood and was immediately repaired by the owners of the Brantner diversion structure with silt and unconsolidated fill removed from Macintosh's property in the Bull Seep Slough. The reported repair was not engineered. (5) Photographs presented by UDFCD, in cross section, at the June 13 meeting substantiate the materials used in the 1973 breach repair, which also included large, flat slabs of concrete rubble to protect the west, or river side of the riverbank. The upper reach of the Bull Seep Slough that was created during the 1965 flood immediately adjacent to the South Platte River was not filled during the 1973 repair and can be clearly seen in the yearly photographs up to present day. See Applegate Figure 1-5, 1- 6. (6) From the time the Bull Seep was located to its present allignment to accommodate MPC operations, there has been little to no change in the appearance or location of the Bull Seep Slough, as compared to its historic condition, and no evidence of problems attributable to this feature (i.e., the Bull Seep Slough) to which the Bull Seep was routed. Id. (7) The breach of the South Platte River that occurred on May 5, 2001 was predated by a breach depicted in digital photos UDFCD supplied DMG on September 13, 2001. The flows that created these breaches were contained within the river channel and, therefore, exerted maximum energy on the riverbanks (referred to as river-forming flows that move channel alignments and cause maximum erosion). See Applegate Figure 1-7. (t3) At a June 13, 2001 UDFCD meeting, Mr. Macintosh stated that he observed, on May 5, 2001, that slabs of concrete placed on the west/river side of the bank sliding into the river and a subsequent rapid failure of the remaining embankment. Applegate reports that this type of failure is 6