2018-10-30_GENERAL DOCUMENTS - M1998013

• Permit No: M1998013
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 10/30/2018
• Doc Name: Complaint
• From: Cevin Hopp
• To: DRMS
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

.7 ..'"=`" STATE OF
'i, COLORADO Scott -DNR, Eric <[e-mail]>
r$76,
Drainage - 11447, 11525 and 11611 Colorado Blvd.
Cevin Hopp <[e-mail]> Tue, Oct 30, 2018 at 2:18 PM
To: "[e-mail]" <[e-mail]>, "[e-mail]" <[e-mail]>,
"[e-mail]" <[e-mail]>
Mr. Hays and Mr. Scott:
I called the Colorado Division of Reclamation, Mining and Safety this morning seeking information about a property in
Weld County(recently annexed into the Town of Firestone). Mr. Ebert was kind enough to point me in your direction. I
understand that the two of you work Weld County.
I own property at 11447 Colorado Blvd. on the northern edge of Firestone. Development in the Town of Firestone, coupled
with grading changes on an adjacent gravel pit property, have altered the historical flow of storm water such that it is not
currently possible for any storm water to leave my property.As a result, I am experiencing ponding, up to a foot deep,
over approximately 20% of my 5+-acres of property. I have attached a couple of pictures for your convenience.
Additionally, two of my neighbors properties that are directly adjacent to the gravel pit property are experiencing drainage
problems as well.The Aguirre property at 11525 Colorado Blvd. is now experiencing ponding on the west side of their
property. Historically, the back half of their property drained to the northwest. Grading on the gravel pit property has been
altered such that storm water is blocked from leaving their property as well. I have attached a letter from the property
owner's daughter to the Town of Firestone. Mr. Sherwood at 11611 Colorado Blvd. has indicated to me that he is having
similar problems.
I notified the Town of Firestone's Planner, Dave Lindsay, of this problem in July of 2015. I believe the property in question
was a Hall-Irwin property at that time. I then understood that it was under the control of Bestway. The current owner of the
property in question is Lot Holding Investments, LLC. Dave Lindsay told me in 2015 that he was going to work with the
owner of the gravel pit property to have them restore original elevations such that we could re-establish proper historical
flow. In fact, he told me that he was 90% of the way to a solution.
Restoring the original elevations would likely correct the issues of my neighbor's as well. Unfortunately, Dave Lindsay is
not a man of his word. To my knowledge, he has never contacted the property owner to correct these issues and nothing
has been done to prevent my property from flooding. The last message I received from Dave Lindsay was to state the he
has made the Town's position "perfectly clear". Apparently, he is no longer willing to assist the existing property owners.
Dave Lindsay also made the Town's position perfectly clear to Mrs. Soto when he told her it was their problem.
Historical flow patterns have been altered. Dave Lindsay has at least admitted this much. It is my understanding that the
gravel pit owners would have been required to apply for some sort of permit with regard to their mining activities on their
property. I also assume that any such permit would require them to retain existing flow patterns such that adjacent
properties are not damaged. I very patiently tried to work with Dave Lindsay. I have the sense that he was just putting me
off hoping for some expiration of time such that he could avoid any professional responsibility.
I respectfully request any guidance or assistance that your Division can offer in restoring historical flow patterns.