2004-05-14_REVISION - M1978056

• Permit No: M1978056
• IBM Index Class Name: Revision
• Doc Date: 5/14/2004
• Doc Name: Submittal of Additional Info
• From: Varra Companies Inc.
• To: DMG
• Type & Sequence: AM1
• Media Type: D
• Archive: No

Varna Companies, Inc.
8120 Gage Strcet Frederick. CO 80516 Telephone [phone] Fax [phone]
Wednesday 12 May 2004
Chris Pauley, Civil Engineer
Anderson Consulting
Ft. Collins, Colorado
Subject: Varna Companies, Inc.; DMG Permit M1978-056; Durham Sand & Gravel Pit; DMG
Inspection of 23 January 2004 enforcement of interim measures.
Dear Chris:
The attached empirical design of spillways are at the urging of the Colorado Division of
Minerals and Geology, and is intended to be interim to a final solution determined by your
office. It seemed appropriate to offer it to you fnr your thoughts and any comments you
may have on the matter, or the intended interim design and solution. As we have
previously discussed, we were both of one mind that until the data comes in, no interim or
final solution at this location is possible from an engineered perspective. To my
understanding this perspective has previously been verbally detailed to the Division by both
of us at diverse time since 23 January 2004.
It appears to be the intention of the DMG to take enforcement action against us ff we have
not satisfied their demands for an tnterim solution within 30 days of yesterday, Tuesday 11
May 2004. The location and design of the spillways shown was mutually determined
between Varna Companies, Inc. (Christopher L. Varna, and myself present) and Thomas
Schreiner, Colorado Division of Minerals and Geology. The proposed survey locations in red
dots, also include the proposed spillway locations, with some concem for the elevations of
surrounding structures should directing floodwaters into the property actually occur. It has
been my contention that the long established elevations along the South bank of the Poudre
may be benefiaal or benign, and that nothing should be done until the data and engineering
is finalized. Further, with the lower snow pack and unsaturated soils from the drought, it
would appear that flooding this year is dependent upon an unusual, or series of unusual,
precipitation events. It is the Division's concem that some interim measure be provided to
abate this potential risk.
The spillway locations shown are empirical low points that can be taken advantage of to
lower elevations along the South bank to accommodate the establishment of temporary
spillways to accommodate high water from a flood event. Empirically, the 1999 flood came
into our property from the East, backing up from the County Bridge on Fern Street. This
flood did not impact the Bliss Produce lands to our knowledge. This empirical knowledge
projects the possible direction of flood flows from high water during a flood event. Given
the arcumstances, it is khe best we can come up with to accommodate the expectations
being made on the Division, and the Division's corresponding demands on us.
The Division's inspection report of 23 January 2003, which I believe you have a copy of, lays
out their corrective action, due 30 April 2004, which is what they are enfordng. Their
demands place us in a catch 22, since engineered evaluations are underway and
pending, presently dependent upon missing data; leaving the empirical answer as the only
Immediate potential remaining to us if we are to avoid the Division's enforcement action.
Since the present interim solution is empirical, we intend to prop it up with survey