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(Page 2} <br />MINE ID # OR PROSPECTING ID #: nn-1g7R-ns~ <br />INSPECTION DATE: 1~3/n~ INSPECTOR=S INITIALS: TAC <br />OBSERVATIONS <br />1. A site inspection of the Durham-Pit 117 was made in response to a complaint received from Kim Ogle of Weld County <br />on December 9, 2002. (Attached is a copy of the complaint letter). The site is located 1.5 miles east of Greeley, <br />north of East 16`^ Street and immediately south of the Poudre River. Present during the inspection was Chris Varra & <br />Brad Janes of Varra Companies, and Kim Ogle & Char Davis of Weld County. <br />2. The origin of the complaint is that Weld County staff had recently seen several large capacity dump trucks moving <br />material from the east part of the property to an area where the operator appeared to be building up the land for a <br />new earthen "structure". The nature of the complaint is the potential for damage that may be incurred to adjacent <br />and downstream property owners and structures during future flooding events. <br />3. Mr. Varra explained that there was no intent to build up land for a new earthen structure, but rather their activities <br />involved a temporary stockpiling of overburden materials around the north rim of the Phase III-A pit. Varra <br />Companies, Inc. is currently working in this area to excavate aggregate materials down to shale. This is ari area <br />where there had been several abandoned gravel pits. This inspector noted the following observations at the time of <br />inspection: 1) the material is stockpiled in a loose configuration over an area of approximately 1 acre, 2) the <br />stockpiled material ranges from 4-8' above the surrounding access road which encompasses the perimeter of the pit, <br />3) the surrounding access road appears to be 1-3' higher in elevation than the original ground level, 4) neither Varra <br />Companies nor Weld County were able to confirm whether the access road or any portion of the stockpile or pit area <br />occurs within the floodway of the Poudre River, and 5) Mr. Ogle indicated that a revised Floodway study is in progress <br />for the Poudre River in the Greeley area, but the results have not yet been approved and released by the Corps of <br />Engineers or FEMA for public use. <br />4. This inspector explained to all parties present that stockpiling of overburden materials around the perimeter of a pit is <br />a common practice at sand 8c gravel operations; however, the Division would consider stockpiling of such materials <br />within the floodway of the Poudre River during the high water season to be a problem. Mr. Varra and Mr. Janes <br />explained that they were unaware of the floodway boundaries or if a floodway has been designated for this reach <br />based on the 1982 FEMA Maps for this area. In order to resolve this possible problem, Mr. Varra and Mr. Janes <br />agreed to remove all stockpiled materials along the north rim of the pit down to the elevation of the access road <br />between the pit edge and the south bank of the river by no later than March 1, 2003. <br />5, Following the inspection Mr. Janes verified that there is no Floodway designation for the reach of the Poudre River <br />adjacent to the permit area. Therefore, until such time that floodway boundaries for this reach are clearly defined <br />by either FEMA or the Corps of Engineers, the operator's activities as described in Item 4 above may be done on a <br />voluntary basis. The Division finds no problem at this time with the operator's stockpiling activities in the Phase III-A <br />area and appreciates their willingness to respond favorably to the apparent concerns of Weld County. <br />I & E Contact Address <br />NAME: Bradford Janes <br />OPERATOR: Varra Companies. Inc. <br />STREET: 1437 East 16`h Street <br />CITY/STATE/ZIP: (;rPPIPy ("O 80631 <br />Cc: Carl Mount, DMG (via E-mail) <br />Kim Ogle, Weld County <br />Attachment <br />