2018-11-13_INSPECTION - M1998013

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PERMIT #: M-1998-013 INSPECTOR'S INITIALS: ECS INSPECTION DATE: November 6, 2018 OBSERVATIONS This inspection was conducted by Eric Scott of DRMS as a result of a citizen complaint submitted to DRMS on October 30, 2018. The complaint letter received from Mr. Cevin Hopp of 11447 Colorado Blvd. alleges that the mining reclamation activity taking place at a nearby site, an operation referred to as The Shores and operated by Bestway Concrete Company, has resulted in impacts to his property's historic surface water drainage and caused water to back up onto the property during heavy precipitation events. The letter also states that Mr. Hopp has expressed his concerns regarding this issue to the Town of Firestone's City Planner, David Lindsay in July of 2015. This report summarizes the observations made by DRMS during the inspection as well as all additional information made available to DRMS with respect to this issue to -date. DRMS began the inspection by meeting with Mark Johnson of Bestway (permittee) and Brett Hall (property owner) and examining the grading of the site around the south and east sides of "Cell D", which is the area of the permit nearest to Mr. Hopps property. DRMS did not observe any obvious/serious grading issues that would impede the flow of surface water from adjacent areas to the south and east onto the mine property. In some localized areas there was a small ridge of loose soil left by the reclamation grading along the permit boundary, and some excessive dead vegetation (see photos 1-3). DRMS will require that the permittee correct this problem. DRMS observed that there is a new residential subdivision located to the west of the Hopp property that was constructed in 2014-2015. This subdivision was filled and elevated approximately 4-5 feet higher than the pre- existing grade in the area (see attached figures and photos). This new construction will prevent any surface drainage from the Hopp property from flowing to the west. DRMS then met with property owner Cevin Hopp and his consultant Dan Burkhardt. Mr Hopp allowed DRMS to observe his property, (see attached photos 4-6), and related his experiences to -date. Mr. Hopp acknowledged that the development of the residential sub -division immediately west of his property, which was filled to a level approximately 4-5 feet above the original grade (see attached photo 4), was likely the primary reason for the drainage issues he has been experiencing. DRMS observed that due to the subdivision fill, not only can surface runoff no longer flow westward from the Hopp property, the surface runoff from the east edge of this subdivision will now shed onto the Hopp property, and likely contributes to his drainage issues. It was also observed that there is a low-lying area (ownership unknown) that extends from the northwest corner of the Hopp property toward the permit area, and lies between the new subdivision to the south and the adjacent property to the north (see attached figures). Mr. Hopp stated that, historically, surface water from the west side of his property would flow northwest into this lower area where it would then diffuse west into the area now occupied by the subdivision, and eventually north onto the permit property and toward the river. DRMS observed that this low area had been additionally excavated to a depth of approximately two feet below the surrounding areas to the north, south, and west. Mr. Hopp has excavated this area in an attempt to facilitate surface drainage from his property. This excavated area will still collect water that flows to the northwest corner of the Hopp property, but because it is now lower than the surrounding areas, and due to the fill/buildup of the adjacent subdivision to the south and west, the water cannot escape and will pool back into the Hopp property. The northwest corner of this low lying/excavated area adjoins the mine permit area at the very southeast corner of Cell D (see attached figures). Page 2 of 5