2011-04-26_GENERAL DOCUMENTS - M1999120

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February 28, 2008 - the Colorado DRMS conducted an inspection of the Everist pit and requested removal of soil stockpiles and berms in the floodplain to bring the site into conformance with the Weld County FHDP. March 10, 2008 - Everist submitted to DRMS a plan for correction to be completed by 4/1/08. December 31, 2008 - Weld County reviewed and accepted Everist's HEC-RAS modeling showing the gravel pit operations do not restrict the floodplain and have not caused flooding on the Bachofer property. Early June, 2009 - Bachofer called B. Barker, Weld County Attorney, to complain that his flooding was due to the access road built for some CalPine wells on the Ewing Farms property directly south (upstream) of his home. The road and wells were approved in 2002 under USR- 1339, and later determined to be allowed as a Use-By-Right, no flood hazard permit was submitted. Flows in the river have not reached the road and so the road has not altered river flow or recent flooding patterns upstream (south) of the Bachofer property. May 28, 2009 - Bachofer filed a complaint with Colorado DRMS regarding Everist gravel pit berms. June 4, 2009 - in response to a second Bachofer complaint, the Colorado DRMS conducted an inspection of the Bachofer property. June 9, 2009 - Colorado DRMS issued a report on the June 4, 2009 inspection. See the attached copy of the DRMS report. The DRMS found that Bachofer had built his home at the edge of the floodplain and removed the adjacent soil between his house and the river. Bachofer has cut his basement wall to create a walk-out access; high flows in the river can enter his basement. The DRMS found no evidence that the Everist mining activity had altered the river or caused Bachofer's flooding. August 25, 2010 - Bachofer wrote a complaint letter to the Colorado DRMS alleging mining across the river has changed the flood patterns. Late February 2011 - Bachofer contacted FEMA requesting compensation for his damages under his flood insurance. As part of the map validation process associated with the nation- wide Digital Mapping program, FEMA examined the old floodplain maps and current river location in the vicinity of the Bachofer house. FEMA is in the process of revising the floodplain map in that area to show the current boundary of the South Platte floodplain and showing the Bachofer house within the floodplain. FEMA has advised Bachofer that he could conduct his own detail study to determine if he is actually in a floodplain. March 7, 2011 - at a floodplain conference, FEMA informed Weld County staff that it is their belief that Bachofer has placed himself in the floodplain due to his own actions. Spring 2011 - Everist and the City of Aurora will be submitting a Letter of Map Revision (LOMR) to FEMA showing existing floodplain boundaries. Topographic survey and computer modeling performed by Everist's engineer show that Bachofer's activities have placed his house in the floodplain confirming the 2009 DRMS findings. Page 2 of 3 CADocuments and Settings\bbarkerlocal Settings\Temporary Internet Files\Content.Outlook\Y336TPTP\Memo to BOCC 3-4-11 (2).doc