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~i~ <br />CIVIL RES'~URCES,IIC <br />ENGINEERS G PLANNERS <br />April 21, 2006 <br />RECEfVE® <br />Mr. Tom Schreiner ~R Z ~ 2~6 <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 /~ ~ J7[~ vtawaottalaaabaoac~rosr <br />s 9 <br />RE: Response to March 21, 2006 Inspection Report -Hydrologic Balance "Inspected and <br />Problems Noted", Lupton Lakes Reclamation Permit Application - M~2004.078 / <br />Dear Mr. Schreiner: <br />Technical Revision 2 included the design for erosion protection required per Stipulation 2 of the June 9, <br />2005 Board Order. This TR was previously submitted to and approved by the DMG. The submitted <br />design will safely carry the discharge water down the steep embankment area previously observed to <br />be eroded by irrigation tailwater. The tailwater has historically (and was visually observed by DMG and <br />Civil Resources staff) been discharged from the agricultural field at this location. The tailwater is <br />subsequently carried in the Porter Seepage Ditch via the existing box culvert under Highway 85 and the <br />seepage ditch to the South Platte River. The box is 8-foot high by 8-foot wide (with a concrete bottom) <br />with an approximate capacity of 500 cubic feet per second. No erosional damage will occur as a result <br />of dewatering water being discharged through this structure. Flow exiting the existing culvert daylights <br />into a decreed seepage ditch that continues through Mr. Chavers property returning tailwater flows to <br />the South Platte River. The expected velocity in the seepage ditch is approximately 2 feet per second <br />(Refer attached Flow Master output) and therefore does nok represent significant erosion potential as it <br />crosses the Chavers property. In summary, no further erosion protection is required to safely return up <br />to 15 cfs of dewatering water discharge to the South Platte River. Please note that the permittee will be <br />doing periodic maintenance on the ditch commencing in May to make sure that there will not be <br />any erosion and to monitor the conditions over the life of the permit <br />:her, based on the fact that this project owns the real property right associated with the recorded <br />ter Seepage Ditch, it is our position that the legal right exists for us to discharge up to 15 cfs through <br />Porter Seepage Ditch and to make improvements within the easement of said ditch that we deem <br />essary to facilitate this activity. The DMG Board determined that the legal validity of this right was <br />within its jurisdiction and thereby approved the permit while leaving it to the interested parties to <br />~Ive the issue by future negotiation or other legal means. <br />do not hesitate to call me at 303.833.1416 ext.1# if you have any questions. <br />RESOURCES,LLC <br />~~~ <br />L. Hagen, P.E. <br />r Resources Engineer I Principal <br />C: Robert Bruce Esq., Mark Campbell, Russ Otterstien, Kevin Moore, David Jordan <br />451 ^AK STREElr. SUITE 209 • P.O. BOX 66^ O FREDERICK, CO 8C530 • (3031 633-147 6 1 (3031 633-265^ -FAX <br />