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~J~~e~eS ~~~~~~~ ~®. <br />SPECIALISTS IN POTATOES <br />2d38 E. 8TH ST., BOX 818 <br />GREEIEY, COLORADO 80832 <br />OFFICE PHONE: 970-353-1864 aEA80NALCOLORAnO -ARIZONA -TEXAS <br />FAX N PHONE: 970-351-7007 <br />December 17, 2003 <br />',r'.. ....i/~~ <br />Attention: Tam Schreiner <br />Division ofiNinerals and Geology C{ass: General Documents DEC 1 S ~ <br />1313 Sherman St. Doc. Name :Citizen Complaint <br />Room 216 , <br />Denver Co. 80203 ~ nl Minereis and Gealn~~~ <br />303-8663567 Class: Revision Type-Seq.; AM-1 <br />Doc. Name : Objection better to Amendment Application <br />RE: I <br />AJ Varna Companies, Inc. Application for a Regular ConstruMion Materials Operation Reclamation <br />Permit for the Durham Sand and Oravel Pit located at or Sections 9 and 10, Township 5 north, range <br />65 west, 61h prime Meridian, Weld County, Colorado. /'1'rMlj~' /Y't /~-Ofr(s <br />B.) The violations of raising the Berm or Dike in the Floodway on the sottthside of the river, <br />C.) Development a drilling of new well on Varra's property. <br />Dear Mr. Schreiner, <br />We at Bliss Produce Co. aze very concerned with the Permit and the existing violations that Varna <br />Companies arc committing. Acceptance ofthe new permit could give Varna more rights an the Floadway <br />issue and opportunity to extend the build up of thew berm a dike in elevation. Varna Co. Inc. are south <br />of the Cache I.a Poudre River and in the Floodwav. We are North of the Cache La Poudre river and in <br />the Flood Plain. The new studies done by the City Of Grcelry, Confirm that Varna is in the Floodway >u it <br />was in the ofd study. FEMA is still not decided or made a new decision on the new findings. Whether of <br />not FEMA will adopt the new findings that the City Of Grelley has made, Varna Co. will still be in the <br />Floodway due to the natural flow of the flood drainage elevations. Enclosed arc the new maps Cur the City <br />of Greeley Floodvmy and Floodplain and a letter verifying our claims from the City of Greeley, Office of <br />Community Development.. <br />We, Bliss Produce Co, are very catcemed about Flooding accanring along the Bliss's and Vatra's <br />property boundaries if a flood does ocaQ. Varna Co. Inc. has raised the elevatiw of the Dike or Barm <br />south of the river. TLe original elevation of the Berm was supposed to be no more 8 FEET hi¢h from the <br />river bed on the original permit giver to Vats by The Division of Minerals and Geology. One can <br />visually see from the existing old Cottonwood trees that the Berm continues to be elevated since the top of <br />the berm is a lot higher than the the original berm elevation where the old Cottonwood trees are. Also, we <br />have personalty seen them and have taken pictures showing Varna elevating the berm with the rue of <br />dump trucks and front end loaders dumping dirt on the berm. A person can see the new dirt foundation <br />that has been laid down because no new weeds a bushes have grown and the color of the dirt is different <br />than the original dirt. Also, they are pumping wale out of their pits into the rive, and you can sce where <br />the pipes are canpared to the top of the dike. The water drainage pipes was placed on top of the <br />original dike. (Note how much highs the dike is at this time, pictures I, 2, 3, 8c 4.) <br />