2015-07-10_INSPECTION - M1999034

• Permit No: M1999034
• IBM Index Class Name: INSPECTION
• Doc Date: 7/10/2015
• Doc Name: Report
• From: Aggregate Industries
• To: DRMS
• Inspection Date: 7/2/2015
• Email Name: TOD
• Media Type: D
• Archive: No

PERMIT #: M-1999-034
INSPECTOR'S INITIALS: TOD
INSPECTION DATE: July 2, 2015
breach was estimated to be approximately 40 feet wide. The breach has headcut from the River back to phase 3,
eroding the land between the River and phase 3. The breach eroded the upper portion of the slurry wall. The Breach
and headcut has uncovered a petroleum pipeline owned by Sinclair (photo 9). Sinclair was represented by Tony
Johnson during the follow-up inspection. Sinclair's representative explained that the pipeline was currently inactive,
the representative explained that the pipeline had been purged and is currently filled with Nitrogen.
CONCLUSION
Based on observations made during the inspection, review of Google Earth images, review of regional hydrologic and
regional meteorological data, the Division believes that the failure to repair the 2013 flood damage allowed the breach
to enlarge and capture a portion of the River's flow. The Division believes the breach was enlarged as a result of the
preferential path created by the fall 2013 flood. The Operator failed to repair the headcut and erosion features in phase
2 after being damaged during the 2013 flood. The breach is allowing water to circuit through the reservoir complex,
by-passing an inlet for an irrigation ditch. The Division believes that senior water rights could be impacted by the
diverted flow. Therefore, the Division believes the Operator has failed to maintain the prevailing hydrologic balance
in the surrounding area as required by Rule 3.1.6 and Section 34-32.5-116(4)(h) of the Colorado Land Reclamation
Act for the Extraction of Construction Materials (Act). The Division also believes the Operator has failed to protect
affected land from excessive erosion as required by Rule 3.1.5(3) and Section 34-32.5-116(4)0).
The Operator failed to provide notices to the Division of the breach after the 2013 flood and failed to notice the
Division after the most recent expansion of the breach. Please be advised that Rule 8.1 requires the Operator to notify
the Division as soon as reasonably practicable, but no later than twenty-four (24) hours, after the Operator has
knowledge of a failure or imminent failure of any impoundment, embankment, stockpile or slope that poses a
reasonable potential for danger to persons or property.
Note: The Division encourages the Operator to contact Ms. Rena Brand with the Army Corps of Engineers at (303)
979-4120 office or cell [phone] to discuss obtaining an expedited Nationwide Permit to conduct the required
repair work.
10000
1000
Upstream and downstream hydrograph
COMMERCE CITY
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Date and Time
Chart 1: Hydrograph of the South Platter River upstream and downstream from the breached reservoir complex. The upstream data is
represented by the red line. This data was collected from a U.S. Geological Survey gauging station located in Commerce City near 64' Ave. The
downstream data is represented by the blue line. This data was collected from a Colorado Department of Water Resources gauging station
located in Henderson Colorado near 1231 Ave.
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