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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-1999-120 <br />INSPECTION DATE 02/28/08 INSPECTOR'S INITIALS ESC <br />OBSERVATIONS <br />This was citizen complaint inspection of the Fort Lupton Sand and Gravel Mine conducted by <br />Erica Crosby and Peter Hays of the Colorado Division of Reclamation, Mining and Safety. Lynn <br />Mayer Shults of L.G. Everist, Inc. and Richard Schneider were present during the inspection. <br />The site is located 2 miles northwest of Fort Lupton in Weld County, Colorado. The Division <br />holds a reclamation bond in the amount of $526,000.00. <br />The Division received two citizen complaint letters dated January 16, 2008; one letter from <br />Ross Bachofer and the second from Weld County Public Works Department. Both complaint <br />letters are in reference to flooding on Ross Bachofer's property. The property is located on <br />a parcel of land adjacent to the South Platte River, north of Fort Lupton between Weld County <br />Road (WCR) 16 and WCR 18. The 6.36-acre parcel is on the east bank of the river across from <br />the Fort Lupton Sand and Gravel pit, in Section 20, Township 2N, Range 66W. <br />According to Mr. Bachofer, a storm event occurred in the spring of 2007 that resulted in <br />minor flooding in the over banks of the South Platte River. Mr. Bachofer believes that the <br />flood pattern has been altered due to the various gravel mines that are in or next to the <br />flood plain. Mr. Bachofer is concerned that the blocking of conveyance on the west over bank <br />associated with activities in the gravel mines has forced floodwaters off the west over bank <br />and into the east over bank areas where his property is located. Weld County inspected the <br />Bachofer property on June 26, 2007 and observed vegetated earthen berms across the river on <br />the Fort Lupton Sand and Gravel Mine. Weld County requested that the Division determine if <br />berms are allowed on the mine site as a component of the mining and reclamation plan. <br />The Division inspected Mr. Bachofer's property and discussed the flooding that occurred to <br />the property in 2007. Mr. Bachofer indicated the location of the flood waters in relation to <br />the house. Sandbags were noted along the bottom entry and water levels rose midway to the <br />wood planters. According to FEMA maps obtained from their web page, the property is close if <br />not within the limits of the 100-year flood plain. See attached map for further detail. <br />The Division inspected the Fort Lupton Sand and Gravel Mine. The operator has installed a <br />number of topsoil and overburden piles along the west bank of the river. The piles range in <br />height from 4 feet to nearly 15 feet and have been in place for 2-3 years. The material will <br />ultimately be used to reclaim the Golden Reservoir to the required 3h:ly slopes. According <br />to the operator, portions of the piles have been moved this winter as the site has been <br />reclaimed. In accordance with Rule 3.1.9, topsoil stockpiles must be stored in places and <br />configurations to minimize erosion and located in areas where disturbance by ongoing mining <br />operations will be minimized. The approved mining and reclamation permit does not allow for <br />the stockpiling of material in these locations. The operator will need to remove/relocate <br />all piles that were not previously approved by the Division as stockpile locations on or <br />before April 1, 2008. As an alternative, the operator may submit a revision to the Division <br />demonstrating that the stockpiling of berms and topsoil piles will not have any affect on the <br />routing of floodwaters. Such revision (or combination of removal and demonstration) must be <br />submitted by March 17, 2008 and implemented on or before April 1, 2008. See page 3 for <br />additional detail. <br />The Golden Reservoir was lined with a bentonite slurry wall in 2006 to facilitate mining and <br />the construction of a water reservoir. The area is actively being mined and reclaimed. <br />Slopes on the eastern side of the pit are graded to approximately 3h:ly. Upon further review <br />of the file, the site is within the 100-year flood plain of the South Platte River. The <br />eastern edged of the pit is approximately 200 feet from the South Platte River. The approved <br />mining and reclamation plan does not address how flood waters will be safely passed in the <br />event of a flood. LG Everist will need to demonstrate that the lined pits will safely pass <br />the 100-year flood event in the form of a revision to the permit on or before June 1, 2008. <br />See page 3 for additional detail. <br />