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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />April 13, 2005 <br />Mr. Chris J. Pauley, P.E. <br />Anderson Consulting Engineers, Inc. <br />772 Whalers Way, Suite 200 <br />Fort Collins, CO 80525 <br />RE: Durham Pit -Flood Control Mitigation Plan, Adequacy Concerns <br />Class: Revision, Type-Seq.: TR-2, Permit No. M-1978-056 <br />Dear Chris: <br />COLORADO <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />0.ECUMATION•MINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive DirMw <br />Ronald W. Cottony <br />Division Director <br />Natural Resource Trustee <br />The Division has reviewed your "Flood Control Mitigation Plan" revision request for the Durham Pit. As <br />you may know, the Flood Control Mitigation Plan (FCMP) constitutes the final reclamation measures for <br />the existing flood control berm. Please respond to the adequacy concerns listed below on or before the <br />revision decision date, May 5, 2005. Also, please be sure to include two (2) copies of your response. <br />1. The Flood Control Mitigation Plans provided are deemed "draft plans" as they will still be subject to <br />review and approval by Weld County and FEMA. Please indicate whether the operator Varra Companies, <br />Inc. (VCI) would prefer to a) commit to providing final designs and specifications, and reclamation costs <br />following approval from Weld County and FEMA, or b) leaving the review of this revision request "open" <br />until such time that the necessary approvals from Weld County and FEMA are secured. In order to leave <br />this revision request "open", VCI will need to waive their right to a decision within 30 days. Please <br />respond. <br />2. Please affirm that the FCMP assures that any potential for adverse offsite impacts to adjacent <br />landowners on either side of the Cache La Poudre River during future flooding events have been <br />minimized. <br />3. Please indicate whether the anticipated water surface elevation fora 10-year, 25-year, 50-year, or 100- <br />year flooding event will exceed the north bank elevation for the Anderson Salvage or Bliss Produce <br />property to the north. If so, please estimate the depth and velocity of flood waters encroaching onto the <br />Anderson and/or Bliss property. <br />4. As previously provided during the Amendment No. 1 application review, Varra Companies Inc has <br />committed to complete reclamation of the flood control berm within 90 days of approval from appropriate <br />regulatory agencies and to provide the Division with a set of "As Built" construction designs within 30 <br />days of the completed berm reclamation. The "As Built" designs <br />will also need to be signed and certified by a registered professional engineer with experience in floodplain <br />and floodway hydraulics. The certification will need to assure that the flood control structure has been <br />constructed according to the design specifications. Please affirm. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />