2015-07-08_INSPECTION - M1990098

• Permit No: M1990098
• IBM Index Class Name: INSPECTION
• Doc Date: 7/8/2015
• Doc Name: Report
• From: Northern Colorado Constructors
• To: DRMS
• Inspection Date: 7/6/2015
• Email Name: PSH
• Media Type: D
• Archive: No

PERMIT #: M-1990-098
INSPECTOR'S INITIALS: PSH
INSPECTION DATE: July 6, 2015
OBSERVATIONS
The Perry Pit was inspected by Peter Hays and Tony Waldron with the Division of Reclamation, Mining and
Safety (Division/DRMS) as part of the ongoing Platte River breach and flood event investigation. Mr. Stacy
Churchill with Northern Colorado Constructors, Mr. J.C. York with AT Consulting, Inc., consultant, and Mr.
John Boyle with Consolidated Mutual Water, landowner, were present during the inspection.
The Platte River has eroded and breached land located in the southeast corner of the 118 permit acres of the
Perry Pit. The breached area land is owned by Consolidated Mutual Water Company. The river breach
allowed flood waters to enter the adjacent Platte Valley Operation mine site operated by Aggregate
Industries. The flood flow continued through the Platte Valley mine site, breached and entered the Gilheany
Ditch where the flow was directed north damaging the Weld County Road 6 bridge and other lands. The
diverted flood flow returns to the main Platte River channel on the north end of the Rittenhouse property. A
map showing the 2013 erosion feature and the breached area within the Perry Pit property line is attached.
The Division estimated two thirds of the Platte River flow was flowing though a 200 foot wide breach in the
east bank of the river at the time of the inspection. The flood path of the Platte River breached the lands
owned by Consolidated Mutual Water and Aggregate Industries.
Based on Google Earth aerial photograph review following the inspection, it appears since October 2013 the
Operator failed to repair a large erosion channel across their land on the east side of the Platte River.
The Division believes a preferential path for the Platte River to breach the land was the result of the following;
the Operator's failure to repair the erosion gully located in the southeast corner of the Consolidated Mutual
property between the east bank of the Platte River and the Aggregate Industries property line after the 2013
flood event. Therefore, the Division believes Northern Colorado Constructors failed to maintain the prevailing
hydrologic balance in the 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 and Northern Colorado Constructors failed to
protect areas outside the affected land from slides and other damage as required by Rule 3.1.5(3) and Section
34-32.5-116(4)(1) and (j) of the Colorado Land Reclamation Act for the Extraction of Construction Materials.
The Operator must work with the Army Corps of Engineers and Aggregate Industries to return the Platte River
to its channel within 10 days of the mailing date of this report. Additionally, the Operator must submit a plan,
in the form of a technical revision, to restore the flood damaged land owned by Consolidated Mutual and
Aggregate Industries adjacent to the Platte River within 30 days of the mailing date of this report.
The Division was contacted by Ms. Rena Brand with the Army Corps of Engineer regarding the need for
Consolidated Mutual to return the Platte River back into the original channel. The Division encourages the
Operator to contact Ms. Brand at [phone] office or [phone] cell to discuss obtaining an
expedited Nationwide Permit to conduct the required work in the Platte River.
The Operator stated a survey of the property boundary would be conducted on Wednesday July 8, 2015 to
determine the volume of material needed to repair the damaged land. Photographs taken during the
inspection are attached.
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