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<br />MINE ID # OR PROSPECTING ID#: M-1990-098 PAGE: 3 <br />INSPECTION DATE: 10-9-01 INSPECTOR'S INITIALS: ACS <br />• The approximately 350 foot setback from the point where the levee is likely <br />to overtop to the edge of the pit. <br />• The presence of a slight basin west of the levee spill point that would <br />provide storage for initial overtopping flows and would serve to attenuate <br />velocity of flood flows moving toward the pit. <br />• The fact that the likely spill point is well north of the outside of the <br />river bend, such that the erosive energy of the river has lessened along <br />the left bank and has moved back toward the center of the channel. The main <br />energy of the stream shifts to the right bank of the river at a location <br />to the north of the levee spill point as illustrated on the included <br />diagram. <br />As discussed above, the Operator has concluded, based on site conditions, that <br />capture of the river by the Perry Pit excavation is unlikely to occur during <br />a 100-year flood. In order for this conclusion to remain valid, the existing <br />historic levee must remain functional. The condition of the levee will be a <br />subject of future site inspections by the Division of Minerals and Geology, <br />and the Operator must conduct periodic inspections and perform needed <br />maintenance on the levee. In particular, the levee must be inspected by the <br />Operator during and following high flow events along the South Platte River. <br />Certain of the discussion in the Operator's adequacy response letter dated <br />9/21/01 requires clarification of the Division's position on minimization of <br />impacts to the prevailing hydrologic balance and prevention of off-site <br />impacts during flooding when mine permit areas are within a floodplain. The <br />9f21lOl letter states that the criteria for analysis of the need for flood <br />management measures when mining occurs within 400 feet of the South Platte <br />River or its tributaries is not do to the probability of flood influences. <br />This 400 foot setback, adopted by both the Urban Drainage and Flood Control <br />District in the area of their jurisdiction and by the Division of Minerals and <br />Geology throughout the river system, is used primarily because the likelihood <br />of flood related damage is minimized when mining is setback 400 feet or more <br />from the river. The potential for flood damage increases as pits are located <br />400 feet or progressively closer to the river. This is why flood control <br />measures are not required by either the District or the Division when <br />Operator's specify 400 foot setbacks, and why analysis of the need for <br />stabilizing measures is required for mining within a 400 foot setback to the <br />riverbank (see page D-6, "In-stream Aggregate Extraction and Reclamation <br />Guidance Document," Colorado Division of Minerals and Geology, August 1998). <br />The Operator further states in the 9/21/01 letter that the Perry Pit is not <br />an in-stream aggregate operation as defined in the above referenced manual. <br />It is true that floodplain gravel pits are not included in the list of types <br />of in-stream operations provided on pages 13-31 of the manual, but the manual <br />does provide guidance on floodplain pits in other locations within the <br />document. Appendix D to the "In-stream Guide" in particular provides <br />