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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7313 Sherman k., Room 2t 5 C O L D RA D O <br />Denver, Coorado 80103 o r v r s r o N o r <br />Phone: 1303) 966.3567 M I N s RA L S <br />FAX: 1303) 831$106 G E O L O G Y <br />RECRANATION•NININO <br />lAiliT•l CII NC! <br />April 13, 2005 <br />9iu owes! <br />Govemm <br />Russell George <br />Mr. Chris J. Fauley, P.E. EAecl,riro Direcw. <br />Anderson Consulting Engineers, Inc. Rwnld w Catnny <br />772 Whalers Way, Suite 200 Divlsim Director <br />Fort Collins, CO 80525 NanaM Resource T,ulOee <br />RE: Durham Pit -Flood Control Mitigation Plen, Adequacy Concerns <br />Clsss: Revision, Type-Seq.: TR 2, Permit No. M-1978-056 <br />Deaz Chris: <br />The Division has reviewed your "Flood Control Mitigation Plan" revision request for the Durham Pit. As <br />you may )mow, the Flood Control Mitigation Plan (FCMP) constitutes the final reclamation meastues 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 />_ 1~102~ntr01 Mitieati~Plans_pr9~ded.ars_deemed"dtaiLplana" ac they w;tl still_bc_suhject.to- <br />reviewand approval by Weld County and FEMA. Please indicate whether the operator Varna 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-yeaz, 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, Varm 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 />ice of Office at Colorado <br />Mined Land Reclamation Alive and Inactive Mines Geological Survey <br />