2009-01-05_HYDROLOGY - M1999120 - Laserfiche WebLink

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Page 1 of 3 Hays, Peter From: Lynn Mayer - ults [Imshults@LGEVERIST.com] Sent: Monday, January 05, 2009 4:42 PM To: Hays, Pete Subject: RE: Fort Lupton Sand and Gravel, M-1999-120 ?=R a N c.. G. EV>rAs4 7 9a H6. Attachments: FL-WeldCountyPublicWorksApprovalFHDP355-123108.pdf; FL-FloodPermitFax&Buildlnsp- toWeldCKimmi-122308.pdf; FL-FHDPDocument-byDeere&Ault-120908.pdf; FL- WeldCoFlood Perm it-Am FH DP355-011705. pdf Peter, / We have completed Weld County flood permit requirements and are in full compliance. Here is a year-long recap: Last January 2008, the DRMS received a complaint from Mr. Ross Bachofer, who lives across the South Platte River from L.G. Everist, Inc.'s Fort Lupton Sand and Gravel Mine, M-1999-120. He was fearful of possible flooding and assumed (with no facts) that our operation might affect his land across the river. DRMS also received a notice from Weld County - Mr. Bachofer had repeated his complaint and fears to them. In February 2008, Erica Crosby and Peter Hays from DRMS came to inspect our Fort Lupton site and found that we had stockpiles in the Golden Phase, which is adjacent to the river, that were not listed in our permit. In Erica's inspection report of 02/28/08, she requested that (a) we remove the stockpiles and (b) show that the pits will safely pass the 100-year-flood event. We removed all the stockpiles and sent evidence of such by April 2008. It was determined in May 2008 that we were not required to conduct a flood plain analysis for DRMS because our permit was already approved and we hadn't made any significant changes (reference Carl Mount's letter titled "RE: DRMS Inspection dated 2/28/08, Problem Resolution, Permit M-1999-120," dated May 12, 2008). In August 2008, 1 emailed you to explain that I was working with Weld County to make sure if there were any outstanding county permit requirements, that we got a list from the county and completed them. In September 2008, Weld County Planning responded that all county permits were in order with the exception of the Flood Hazard Development Permit. Weld County Public Works (who oversees flood permits) required that we complete 3 things related to our Fort Lupton Flood Hazard Development Permit (AmFHDP-355). They wanted (a) the stockpiles removed (which we had already done by April 2008), (b) a flood plain analysis, and (c) building inspection information for the scalehouse. We have completed those requirements and have received approval from Weld County for all the relevant conditions in our Fort Lupton Flood Hazard Development Permit (AmFHDP-355). We are in full compliance of our flood permit and other county permits. The flood plain analysis shows that our operations will not adversely affect the flood plain in a 100-year flood event, and that flood water conditions are actually slightly decreased from the pre-mining conditions. Therefore, if Mr. Bachofer's land floods, it has been shown through this analysis that our property and operations are not to blame. By doing the flood plain analysis for Weld County, we have inadvertently completed the corresponding request for a flood plain analysis from the DRMS from which we had been excused. Please see the attached flood plain analysis, related flood permit information, and Weld County's approval letter. Attachments: 12/31/08 - approval letter from Clay Kimmi of Weld County Public Works to LGE 12/23/08 - fax and building inspection information from LGE to Clay Kimmi 12/09/08 - flood plain analysis from Deere & Ault to Clay Kimmi 01/17/05 - amended Flood Hazard Development Permit (AmFHDP-355) If you need anything else, feel free to call me. Happy New Year! 1/6/2009