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DEPARTMENT OF PLANNING SERVICES
1555 N. 17th AVENUE
I GREELEY, COLORADO 80631
WI D WEBSITE: www.co.weld.co.us
C. E-mail address:
(970) 3FFAX O(970)304-6498
COLORADO
January 28, 2003
Tom Schreiner
State of Colorado
Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, CO 80203
Subject: DMG Permit Durham - Pit 117, Operator: Varra Companies, Inc.
Weld County Permit-SUP 345; DMG Permit M78-056
Dear Tom:
The Department of Planning Services contacted the Division of Minerals and Geology via facsimile on
December 9, 2002 with a follow-up telephone call on December 18, 2002 concerning a potential
violation of an existing permit, i.e., the stockpiling of material in the floodway. The text found within this
letter provides additional information for evaluation by the Division of Minerals and Geology concerning
this site. (Exhibit A)
This letter is in follow-up to Weld County Government's request for investigation of the mining operation
south of the Cache La Poudre River, west of the Fern Avenue Bridge and north of 16th Street in Greeley,
Colorado. The Colorado Division of Minerals and Geology identifies this mine as the Durham Pit 117.
Current mine operator is Varra Companies, Inc. The Commissioners office of Weld County Government
was contacted by surrounding property owners who raised concerns about fill operations occurring
adjacent to the river on lands mined by Varra Companies. A site visit was scheduled with your office,
Varra representatives and Weld County Government for Friday January 3, 2003 when a visual
inspection of the on-site conditions occurred. The field investigation identified overburden stockpiled in
the flood way area of the property, and what is identified in the January 3, 2003 memorandum from the
Department of Planning Services as the third terrace. Please refer to the attached memorandum for
further clarification. (Exhibit B)
At the request of DMG, Varra Companies, Inc. and the Department of Planning Services agreed to
research the establishment of the third terrace material to ascertain when this material was placed,
compared to the date of the mining operation. It shall be noted that Varra Companies, Inc., purchased
this mine operation from M&M Sand and Gravel in November 1998.
The following narrative outlines the documentation and information acquire over the course of this
research investigation. The last page of this narrative describes the action required to be in compliance
with the Weld County Code, Flood Overlay District regulations.
The Department of Planning Services reviewed the case file for Special Use Permit number 231 for a
gravel operation identified as the Robert Jensen application, having a legal description of part of the NE4
NE4 Section 9, Township 5 North, Range 65 West of the 6th P.M., Weld County Colorado. This case
2003-0337
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was approved by the Board of County Commissioners on January 14,1974 with conditions attached.
(Exhibit C)
The plat utilized in the preparation of the case file delineates the river corridor and existing lakes on site.
The drawing does not delineate a dike or any land forms adjacent to the river. However, there was
preliminary engineering completed that addressed two dike alignment proposals. It should be noted that
the engineers for Ken R. White and Company recommended utilizing a dike type structure away from
the river, as delineated on Figure 3, Alternate number 1 a (1973). Enclosed is a copy of the report and
flood information for this reach of the river. (Exhibit D)
Special Use Permit number 231 was rescinded by the Board of County Commissioners February 22,
1978.
The Department of Planning Services also reviewed the case file for Special Use Permit 345 for a gravel
operation identified as the Doeringsfeld, Aratas and Elliot Site, permitted through approval by the Board
of County Commissioners on March 14, 1978 having a legal description of NE4 Section 9 and N2
Section 10 Township 5 North, Range 65 West of the 6th P.M., Weld County Colorado. (Exhibit E/F)
The Record of the Proceedings, for the Planning Commission, dated December 13, 1977 stated "this
site was reviewed by the Planning Commission several years ago for a Mr. Robert Jensen. Chairman
Cummins asked Mr. Doeringsfeld for the history of the property. Mr. Doeringsfeld said that in 1973 Mr.
Jensen proposed mining the site and bringing in a railroad spur. There were problems with the spur and
the dike for the spur so the project was halted." Documentation in the case file is included as an
enclosure to this letter. The excerpted information was obtained through research of the case file for
SUP-345. (Exhibit E)
Additional findings based on the review of the case file are identified in chronological order. First the
application states "Explanation of Reclamation Process: 132.630 acres will be one (1) lake and water
level will be kept at or above the water level of the adjoining Cache La Poudre River. 31.360 acres will
be reclaimed for agricultural use, all reclaimed land will be leveled to pre-existing topography or flood
proofed to an elevation above the intermediate regional flood plain." The supporting descriptive
narrative, dated November 1977 supports this statement. Section C - Mining and Reclamation Plans,
paragraph two, line 9 states"...Due to the fact that the area to be mined is in the 100-year flood plain, all
operations will be conducted with portable equipment. No dewatering shall take place; nor shall any
channeling of the Cache La Poudre River take place." (Exhibit F)
Michael Miller, operator of M&M Sand and Gravel applied for and was approved for a County Flood
Hazard Development Permit in January 1986. In the case file for FHDP-87 documents prepared by
Gerald McRae of McRae and Short, Inc., on a undated USGS Quadrangle Map identified as Vicinity
Map, delineates the property location associated with both FHDP-87 and SUP-345. Further, the Site
Plan and Permit Map associated with the FHDP prepared by McRae and Short, Inc. and dated January
14, 1986 does not delineate a dike or berming adjacent to the River. The drawing does identify existing
contours and existing highwater lines based on best available from unknown and undated source.
Please refer to the enclosed documents. (Exhibit G)
This office has also reviewed the"As-Built" drawings prepared by Landmark Engineers &Architects,
Loveland and supporting County photography of the area for the Fern Avenue Bridge, constructed by the
Weld County Department of Public Works in 1985-86. (The bridge is located downstream from the
site.) These documents do not delineate a bermed area adjacent to the river at this location. Please
refer to the enclosed documents. (Exhibit H)
The Department of Planning Services contacted Tiffany Moore of Landmark Engineers to ascertain if
additional topographical information was available for points west of the Fern Avenue Bridge. Per
information received from this office, there is not additional topography documented. (Exhibit I)
The Department of Planning Services also reviewed historic photography flown for this area. The dates
of photography in chronological order are 1963 and 1972. Please refer to the enclosed documents.
(Exhibit J and Exhibit K)Additionally, staff located a topographic survey of property dated 1973,
prepared by D. Seay of Nelson, Haley, Patterson and Quirk, Engineers. (Exhibit L) The photographic
images and the topographic survey do not indicate any berming adjacent to the Cache La Poudre River.
This office contacted Michael Miller, previous operator under M&M Sand and Gravel who offered the
following statement for the record. "...The third terrace you describe I believe is the dike which was in
existence when I got the property in 1985. In 1988 or so we began reinforcing the dike due to several
breeches caused by flooding. During the course of the next several years we widened the dike and
reinforced it along the entire river corridor from west to east. The area just west of the east property line
had an existing dike in good shape and we did no improvements to it due to the trees lining the dike
which prevented us from getting equipment onto the dike." It is unclear from this statement as to
whether the area south of the river and west of the east property line was built up to include the third
terrace. Given that"the trees lining the dike which prevented us from getting equipment onto the dike"
implies that if there was a built-up area, the area was not as it exists in 2003.
Given the wealth of information concerning the mining operation history, past operators and present
conditions, it is the conclusion of this office that the site south of the river has been modified. Further,
the topographic and aerial surveys delineate no dike or berm adjacent to the river and the statement by
Miller concerning the build-up of lands adjacent to the river from the west indicates that if a dike was
constructed it was from the west to the east, however, it was not constructed completely across the site.
The Department of Planning Services speculates that during the course of mining activities at this
location, the topography of the bank has been modified. It is unclear based on the best available
information when this modification commenced, however, it is clear that between 1978 and 1985 some
modification occurred in the western part of the site, as discussed in the Miller statement. This office
also speculates, that additional modification to the eastern part of the site may be a recent activity, within
the past few years, as the aerial photography of the site indicates that mining in this area had occurred in
the late 60s and early 70s.
This office has also determined that the subject property is within the Floodway as delineated on the
FIRM Community Panel Map 080266 0637 C dated 1982 and FIRM Flood way Community Panel Map
080266 0006 dated 1990. The Floodway is delineated [via a long dashed line] as located on the south
side of the river. By definition, this area is defined as a Flood Hazard Area (Floodway)within the Flood
Overlay District. (Exhibit M)
Section 23-5-230 of the Weld County Code provides further description to the Flood Hazard Area. "The
Flood Hazard Areas of the County are subject to periodic inundation which results in health and safety
hazards, loss of life and property, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare of the residents of the County. These flood losses
are caused by the cumulative effect of obstructions in Flood Hazard Areas which increase flood heights
and velocities and damage uses in other areas. Uses that are inadequately flood proofed, elevated or
otherwise protected from flood damage also contribute to flood losses."
Section 23-1-90 of the Weld County Code defines Flood way as "The channel of a river or watercourse
and the adjacent land areas which is required to carry and discharge the flood waters of the intermediate
regional flood without increasing the water surface elevation more than one (1)foot. The flood way is
shown on the Official Weld County Flood Hazard Overlay District Zoning Maps as the FW (Flood way)
District."
As previously stated, Weld County Government has determined that lands south of the river are in the
Flood way and thus are subject to the regulations of the Flood Overlay District as defined and
administered by the Weld County Code in conjunction with the requirements of the Federal Emergency
Management Agency (FEMA). Section 23-5-250 defines the Flood way District (FW).
A. The FW (Flood way) District is an extremely hazardous area due to the velocity of FLOOD
waters which carry debris, potential projectiles and erosion potential.
B. No development shall occur in the Flood way District with the exception of flood proofed
agricultural exempt buildings. Agricultural exempt buildings are defined in Chapter 29.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1)
Per definition, structure(s) include the build-up of lands in the flood way and adjacent to a known
watercourse and corridor.
Given this pre-existing condition, the Department of Planning Services as Floodplain Administrator for
Weld County Government has determined that the lands adjacent to the river channel shall be free of
the stockpiling of overburden materials year round. Further the grade of the site adjacent to the river
corridor shall be at the pre-mining conditions as delineated on the drawing prepared by D. Seay of
Nelson, Haley, Patterson and Quirk, Engineers. (Exhibit L)
In response to the Varra Companies, Inc., letter signed by Bradford Janes dated January 6, 2003,
pertaining to the on-going mine and reclamation activity, Weld County Government will address items 1
through 4 specific to compliance with the Weld County Code. (Exhibit N)
Item 1 states"Backfill activity within a recognized flood way will not allow new fill material to be handled
above the line of site of original ground elevations as viewed along the unaltered upper bench elevations
of the South bank of the Cache La Poudre River between the period of March 1 to June 15 of any year
of operations."
Item 2 states "Efforts will be made within the next thirty days to determine if current line of site elevations
along the unaltered embankment, as referenced above, fall within known and sufficient benchmarks
(existing FEMA map), respective of reasonable tolerances for error of stated elevations."
Item 3 states"Existing temporary soil stockpile locations may remain in place as presently established
along the upper bench of the South bank of the Cache La Poudre River, and along the East boundary of
the established easternmost basin, until utilized during reclamation."
Item 4 states "Reclamation phasing and timetables will be updated in the next Annual Report to the
Division of Minerals and Geology and copied to your office [the Department of Planning Services]."
Given the determination of this office specific to the known topographical features on site, Items 1 and 2
shall adhere to the current FW policy previously discussed. The temporary stockpiles identified in Item 3
may occur on site during the period of six months commencing on or about June 15 of any given year.
After the date of the six month period, the stockpiles, including any overburden shall be placed at an
elevation below the known elevation as identified in the Shea topographic survey of property dated
1973. (Exhibit L) It should be noted that a period of six months is considered temporary per the Weld
County Code. Weld County Government requests a yearly copy of the Annual Report provided to the
Division of Minerals and Geology for all years until mining and reclamation is completed and the permit
is released by the Division of Minerals and Geology.
Should you have any questions or need further information, I may be reached at the above address,
telephone number or e-mail address.
Sincerely,
Kim •gl-
Plann
Enclosures
pc: W.Jerke,County Commissioner
M.Mika,Director Planning Services
L.Morrison,County Attorney's Office
B.Janes,Varra Companies,Inc.
File: SUP 231
SUP-345
FHDP-87
Property Research 9/10-5-65
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