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2015-10-16_GENERAL DOCUMENTS - M1999120
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2015-10-16_GENERAL DOCUMENTS - M1999120
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Last modified
8/24/2016 6:11:43 PM
Creation date
10/21/2015 10:04:07 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1999120
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
10/16/2015
Doc Name
cc'd correspondence regarding flooding of adjacent property
From
Rutledge Law Office, L.L.C.
To
Weld County Planning and Building Dept.
Email Name
WHE
Media Type
D
Archive
No
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• The 10- year event (10,000 cfs) simulates peak flows that occurred during flood <br />events in September 2013 (10,300 cfs) and in the spring of May 2015 (10,500 cfs). <br />Flooding occurred in the Bachofer residence during both of these events and model <br />results validate these events with water surface elevations above 4874 feet. <br />Simulations using pre -mining topography show that the water surface at 4872.66, <br />which is well below the established flood plain level at the Bachofer property. This <br />indicates flooding of the residence is a result of alterations of the original floodplain <br />morphology and topography caused by mining and pit -lining activities. <br />We commend the entire Study to you for your review and believe that you will agree with <br />us that either the above authorizations should be revoked or suspended according to <br />Section 2-4-50, Weld County Code, or that sufficient terms or limitations should be imposed <br />upon the Mine which will protect Mr. Bachofer's property from future Mine -induced <br />flooding. Specifically, we believe that the Reports show that L.G. Everist and the City of <br />Aurora are in violation of their Development Standards in the USR11-0008 and in violation <br />of their FHDP-355 by violating at a minimum the following criteria: <br />• Section 23-2-400.C. The design of the prdposed facility mitigates negative <br />impacts on the surrounding area to the greatest extent feasible. <br />• Section 23-2-400.E. The health, safety and welfare of the inhabitants of Weld <br />County will be protected and mitigation or minimization of any potential <br />adverse impacts will occur. <br />• operation of the facility will comply with the Weld County Code (see above) <br />• development shall not result in any increase in flood levels during the <br />occurrence of an Intermediate Regional Flood <br />• when built, the proposed use or structure will not cause any increase in <br />floodwater levels during an Intermediate Regional Flood and will not limit or <br />restrict the flow capacity of the floodway. <br />Please review the Report and respond to the same. Mr. Bachofer has incurred significant <br />damages from the flooding and if satisfactory agreement cannot be reached and protective <br />terms be imposed upon the Fort Lupton Mine, it may be necessary to request that the <br />County initiate a compliance action against the Mine, revoke or suspend the permits, or to <br />request such further relief as is appropriate. We appreciate whatever assistance you, as the <br />Floodplain Administrator charged with administering and implementing the Floodplain <br />Management Ordinance, can provide to resolve this issue. <br />Finally, we would like to respond to two contentions raised in your letter. It is Mr. <br />Bachofer's belief that no farmer's levee was cut into when the house was constructed. With <br />regard to the idea that flooding may be caused by migration of the river, GL&A has <br />3 <br />
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