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• MASSEY $EME~F SCHWARZ Bt BAILEY, P.C. <br />J. Scott Franklin, P.E. <br />July 18, 2001 <br />Page 3 <br />that CDOW was aware of and comfortable with the outcome of the earlier MLRB and <br />Adams County CUP processes. <br />The map provided by MPC with its response to comments was consistent with a <br />map labeled Exhibit G-1 entitled, "Existing Conditions with Proposed Drainage Ways for <br />the Haller/Howe Pit, Adams County, Colorado," revised "8/7/90," recorded in the Adams <br />County Clerk and Recorder's Office on October 25, 1995 (Reception No. C0120018) <br />pursuant to Adams County Conditional Use Permit Amendment Case No. 12-90-C, <br />recorded May 22, 1990 in the Adams County Clerk and Recorder's Office, Book 3676, <br />Page 309.2 This map also serves as the approved mined land reclamation plan map for <br />MLRB Permit No. M-78-052, that issued in September 1990. <br />-- <br />Please note that the portion of the current Bull Seep alignment that may be an <br />issue relative to the approved MLRB reclamation plan and CUP supplied to the Corps in <br />March 1994 comprises approximately 950 feet of the northern most portion of the <br />alignment. The current routing of this portion of the Bull Seep does reflect, however, <br />MPC's effort to avoid, altogether, the trees located immediately east of the alignment, <br />an action believed to be beneficial to bald eagles and consistent with the Service's <br />February, 1994 comments which centered on minimizing impacts on roost trees. <br />Finally, according to the Corps' files, none of the annual inspections of the site <br />that first commenced on June 29, 1994 identified the deficiency raised in the Notice. <br />We believe this is because Special Condition E had, in fact, been previously satisfied by <br />MPC's March 1994 submittal of the approved routing plans. <br />2. Application for an After-The-Fact Amendment to DA Permit <br />199380590 for placement of riprap along Bull Seep from the levee <br />failure. <br />Response <br />The riprap in question was placed on the northwest corner of a sealed reservoir <br />structure MPC constructed pursuant to the terms of MLRB Permit No. M-78-052. The <br />structure will be used by its owners, the Denver Water Department and the South <br />Adams County Water and Sanitation District. The riprap was not placed in the Bull <br />Seep. It was placed adjacent to what is commonly known as the Bull Seep Slough, a <br />2 The alignment is also depicted on: (a) the final plat for Eagle's Roost Reservoirs Subdivision, Adams <br />County Zoning Case No. 109-92-P, recorded in the Adams County Clerk and Recorders Office on March <br />23, 1995 at File No. 17, Map No. 361, Reception No. 00060703; and (b) that easement known as the <br />"Relocation of Bull Seep and First Creek," between the Fulton Ditch Company and Mobile Premix <br />Concrete, Inc., recorded in the Adams County Clerk and Recorder's Office on August 23, 1995 at <br />Reception No. C0100417. <br />