2009-06-11_REVISION - M1999120

• Permit No: M1999120
• IBM Index Class Name: REVISION
• Doc Date: 6/11/2009
• Doc Name: Objection
• From: Weld County
• To: DRMS
• Type & Sequence: AR2
• Email Name: ECS
• Media Type: D
• Archive: No

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COLORADO
June 9, 2009
1104?96m? ?j
Division of Reclamation, Mining, and Safety
Attention: Eric Scott /
1313.'ShermaI St V
Room 215
Denver, CO 80203
6(V,2_--
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: [phone], EXT. 3750
FAX: [phone]
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'JUN 11 2009
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Re: Bond Release for Fort Lupton Sand & Gravel - Golden Phase Only
Dear Mr. Scott,
In a letter dated May 4 and received by the Weld County Clerk to the Board on May 18, 2009,
L.G. Everist asked that the bond be released on the Golden Phase of the Fort Lupton Sand &
Gravel Pit. The pit's reclamatiomplan calls for the site to be reclaimed to water storage
reservoirs. Weld County Public Works understands that L.G. Everist is in the process of
selling the water storage reservoirs to the City of Aurora.
It should be noted that the mined area is located within the floodplain and floodway of the
South Platte River. As such, L.G. Everist and the City of Aurora must ensure that the
reclaimed status of the gravel pits are in compliance with FEMA's NFIP, the State of Colorado,
and Weld County floodplain regulations. FEMA's Flood Insurance Rate Map (FIRM) Panel
number 080266-0855C, dated September 28, 1982 shows the mined area as Zone A meaning
that the floodplain boundaries are approximate and no base flood elevations (BFE) have been
determined; and further, the flcodwuy hus 'Dee mapped. As described in FEMA document
number 480, Floodplain Management Requirements, if no BFEs have been established or no
floodway has been mapped the entire floodplain must be considered to be floodway until a
detailed study delineates where the floodway is located and a BFE is determined.
Weld County Flood Hazard Development Permit number 355 was issued for the gravel pit.
The FHDP allows L.G. Everist to place fill in the floodplain as part of the mining activity
because the fill material is considered temporary. However, it does not allow for the
placement of permanent fill in the floodplain. Weld County understands that several berms
placed around the perimeter of the mine site during mining will be left after the site is
reclaimed: Floodplain regulations for FEMA and Weld County prohibit the placement of
permanent fill in the floodplain and flo.odway unless it has been demonstrated that the fill does
not cause an impact on surrounding properties and will be erosional stable during a flood. The
regulations require that prior to the placement of fill in the floodway, a detailed study must be
performed to show what impact the fill will have on the floodplain and floodway. Furthermore,
since the placement of the fill will likely alter the boundaries of the floodplain, a letter of map
Pagel of 2 June 9, 2009
M:\PLANNING - DEVELOPMENT REVIEWLISR-Use by Special ReviewWmUSR-12554LG Everist Bond Release Draft Letter 06-09-09.doc