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dikes adjacent to the southern edge of the river corridor. The City states that a majority of the mining activities are within the Floodway as delineated on both the FIRM Community Panel Map(s) and the 2003 Army Corps of Engineers Floodway boundary study. As stated in the Greeley letter, the current mining operation is located in the Floodway as delineated on the 1990 FIRM Community Panel Maps and the recently completed Army Corps of Engineers study commissioned by the City of Greeley. Weld County government will adopt the Army Corps of Engineers study, subject to the approval and adoption by FEMA, under whom Weld County administers the National Flood Insurance Program. Both studies delineate the area adjacent to the river corridor as Floodway, and by Weld County Code, no development shall occur in the Floodway zone, including the alteration, relocation and modification to a known and existing watercourse, which in this instance would include the adjacent build-up of land south of the river. The Department of Planning Services is aware of this issue and raised similar questions in the January 28, 2003 letter to Tom Schreiner, Division of Minerals and Geology. Fourth, staff acknowledges that the approved Special Use Permit information may have been vague with some components of the application and supporting documentation, however, the additional modifications to the Reclamation Plan, i.e., the additional lakes; and to the Excavation Plan, i.e., the new well for augmentation and potential issues associated with this amendment have not been reviewed through the public process. Based on the information provided, the known information about the activities on-site and the correspondence obtained from the City of Greeley, it is the position of this office to require the Varra Companies, Inc. to submit an amendment to the existing permit, SUP-345. The application for the amendment is enclosed. Should you have any questions or need further information, I may be reached at the above acdress, telephone number or e-mail address. Sincerely, Kim O e Planning onager Enclosures pc: W. Jerke, Counfy Commissioner M. Geile, County Commissioner M. Mika, Director?!arming Services 8. Barker, County Ahorney's Offce L. Morrison, County Attorney's Office Pile: SUP 231 SUP-355 FHD?-87 Property Researcn 9/10-5-65 ~_ M:\...\violationcaseslvarra 345\varra letter FW.woC