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~~~c~e~ ~~ ~~~~~ ~®. <br />SPECIALISTS IN POTATOES <br />-2438 E. 8TH ST., BOX 816 <br />GREELEY, COLORADO 80832 <br />. ~ ~ <br />OFFICE PHONE: 970-353-1864 <br />FAX M PHONE: 970-351-7007 <br />Attention: 'Perm-Schreiner <br />Division of I~fmerals and Geology <br />1313 Sherman St. <br />Room 216 <br />Denver Co. 80203 <br />303-866-3567 <br /> <br />pEC 1 ~ 2003 <br />8lvisian of Minerals and G¢¢tor~) <br />RE: f " -- - <br />A.) Varna Companies, lnc. Application for a Regular Construction Materials Operation Reclamation <br />Permit fer the Durham Sand and Gravel Pit located at or near Sections 9 and 10, Township 5 north, range <br />65 west, 6`" prime Meridian, Weld County, Colorado. <br />B.) The violations ofraising the Berm or Dike in the Floodway an the southside ofthe river <br />C.) Development or drilling of new well on Varra's property. <br />Deaz Mr. Schreiner, <br />VJe at Bliss Produce Co. are very concerned with the Permit and the existing violations that Varna <br />Companies are committing. -Acceptance of the new permit could give Varna more rights on the Floodway <br />issue and opportunity to extend the build up of their berm or dr7ce in elevation. Varna Co. lnc, are south <br />of the Cache I.a Poudre River and in the Floodwav. We are North of the Cache I.a Poudre river and in <br />the Flood Plain. The new studies done by the City Of Greeley, Confirm that Varna-is in~heFloodwayas it <br />was in the old-study. t<EMA is sti71 not decided or made a new decision ~ the new findings. Whether or <br />not FEMA will adopt the new 5ndings that the City Of Greeley has made, Varner Co. will still be in the <br />Floodway due to the natural flow of the flood drainage elevations. Enclosed aze the new maps for the Ciry <br />of Greeley Floodway and Floodplain and a letter verifying our claims from the Ciry of Greeley, Office of <br />Community Development.. <br />We, Bliss Produce Co, are very concerned about Flooding occurring along the Bliss's and Varra's <br />property boundaries if a flood does occtu. Varna Co.1nc. has raised the elevation of the DHce or Berm <br />south of the river. The original elevation of the Berm was supposed to be no more 8 FEET hieh from the <br />river bed on the original permit given to Vats by The Division ofMmerals 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 personally seen them and have taken pictures showing Varna e]evating the berm with the use 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 or bushes have grown and the color of the dirt is different <br />than the original dirt. Also, they aze pumping water out of their pits into the river, and you can see where <br />the pipes are compazed to the top of the dike. The water drainage pipes were placed on top of the <br />original dike. (Note howmuch higher the dike is at this time, pichues 1, 2, 3, & 4J <br />SEASONAL: COLORADO -ARIZONA - TE%AS <br />December 17, 2003 <br />