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• MASSEY SEM~F SCHWARZ Sr BAILEY, P.C. <br />J. Scott Franklin, P.E. <br />July 18, 2001 <br />Page 4 <br />feature located east of the South Platte River. The Bull Seep Slough was created by <br />flooding on the South Platte River that occurred in June, 1965. <br />Prior to a certain May 5, 2001 flow event on the South Platte River, the area in <br />question comprised uplands. The riprap was placed by MPC personnel at the request <br />of representatives of the landowner to protect the constructed reservoir structure. The <br />emergency protective action taken was unrelated to Permit No. 199380590. Therefore, <br />as we recently discussed by telephone, MPC is proposing the Corps issue an after-the- <br />fact authorization under either Nationwide Permit No. 3, or the Corps' Regional General <br />Permit 96-07 (expiration April 30, 2006) to approve the emergency response. The area <br />in question is depicted on Attachment A to this letter. It comprises a 6,287 square foot <br />area, 712 square feet of which is located on property owned by the McIntosh Farm <br />Company. MPC understands that this area of the riprap may have to be removed from <br />the McIntosh property. <br />3. Remedial action plan for re-location of the Bull Seep that, in <br />accordance with Special Condition E of DA Permit 199380590, meets <br />the approval of the Corps of Engineers, US Fish and Wildlife Service <br />and Colorado Division of Wildlife. <br />Based on meetings at the offices of the Urban Drainage and Flood Control <br />District ("UDFCD") we attended together on Tuesday, July 17, the UDFCD will be <br />convening a work group comprised of parties having a stake in the engineering and <br />flood issues posed by the Bull Seep alignment (as specified in the Adams County CUP, <br />the applicable recorded plat, and the MLRB permit for the Howe site), the drainage <br />issues posed by the First Creek drainage channel, and the operation of the water <br />storage reservoirs post-mining. This promises to be a comprehensive effort that could <br />result in direction to MPC from the Howe property owners to seek various permit <br />amendments to affect the cooperatively developed plan. As the Corps will be an active <br />participant in this process, we are proposing, as we discussed yesterday, to await the <br />outcome of the UDFCD process before providing a response to this Item No. 3. <br />Please call me if I can be of further assistance, or should you require information <br />in addition to that supplied above or attached hereto. <br />Very truly yours, <br />~~ <br />Jeffrey W. Schwarz <br />Attachment <br />