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o 6t"11 <br />COLORADO <br />May 21, 2010 <br />Colorado Division of Reclamation, Mining, & Safety <br />Attention: Jared Ebert <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Lafarge West. Nelson Pit Permit No M-1974-070 <br />Dear Mr. Ebert, <br /> <br />MAY 25 Z010 <br />DivigiVl C" .:Ui, r 9Csor1, <br />?i;tirf and Safety <br />Weld County Public Works received your notice for the reclamation release of the Nelson Pit on May 18, <br />2010. As stated in our March 10, 2010 letter to DRMS, the mining activity has impacted the way in which <br />the FEMA mapped floodplain (Boulder Creek) functions. FEMA's floodplain regulations (44CFR 60 and <br />65) require that changes such as water surface elevations, floodplain boundaries, and floodway <br />boundaries be documented and accepted through the Letter of Map Revision process (LOMR). To date, <br />Weld County has not been informed of any pending LOMR for the Nelson Pit. <br />DRMS should be aware that FEMA, the State of Colorado Water Conservation Board, and Weld County <br />have floodplain regulations which potentially impact how the site can be used after reclamation. Pending <br />CWCB regulations will make it so that all state agencies will have to comply with the Federal, State, and <br />Local floodplain regulations. These agencies also have regulations in place regarding the erosional <br />stability of the fill that may be left in the Boulder Creek Floodplain at the completion of mining. <br />In order to ensure that citizens in unincorporated Weld County are not adversely impacted the changes <br />that have occurred in the floodplain due to the mining process, Weld County respectfully requests that <br />DRMS not to release any portion of the mine site until such time as FEMA has approved a LOMR which <br />documents the impacts that the mining activity has had on the floodplain and unincorporated Weld <br />County citizens. <br />Sincerely, <br />Clay Kimmi, P.E., CFM <br />Drainage and Floodplain Engineer <br />Weld County Public Works <br />Original Jared Ebert, DR,,j,,jS <br />PC: SUP-260. Nelson Pit <br />CC: Lafarge West, 10170 Church Branch Witty, Ste. 200, f ,' Vtmi, ,q r Cl) 817021 <br />Kim Ogle. Planning Services <br />PUBLIC WORKS DEPARTMENT <br />I I I I H STREET, P.O. BOX 758 <br />GREELEY, COLORADO 80632 <br />WEBSITE: WWW.CO.WELD.CO.US <br />PHONE: (970) 356-4000, EXT. 3750 <br />FAX: (970) 304-6497 <br />Page 1 of 1 <br />MAPLANNING - DEVELOPMENT REViE1MUSR-Use by Special RevieMSUP-260 Nelson Pit\USR-1346 DRMS Letter 5-21-10.docx