2011-07-06_REVISION - M1984036 (3)

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APR 2 2 2011 WEL € "O 1 April 19, 2010 Colorado Division of Reclamation, Mining, & Safety Attention: Michael Cunningham 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Varra Resources Mining Permit Number M -2010 -049 Dear Mr. Cunningham, RECEIV,P10, M: \PLANNING — DEVELOPMENT REVIE_ WI7- DayComplelenessReviews12010 \PA10-067 Floodplain Continents to DMRS 4- 19- 11_docx PUBLIC WORKS DEPARTMENT 1111 II STREET, P.O. 130X 758 GREELEY, COLORADO 80632 WEBS1TE:• WWW.CO.WELD.CO.US PHONE: (970. EXT. 3750 FAX: (970) 304 -6497 Weld County Public Works has recently become aware of a pending permit amendment for the Western Sugar Reclamation Land Development Project being proposed by Varra Companies. The pit is proposed to be located at or near section 9, T5N, R65W. DMRS Rule 34- 32.5- 109(3) requires that the mining operator comply with local land use and zoning regulations. Since FEMA and the Colorado Water Conservation Board (CWCB) requires local jurisdictions to administer the Federal and State floodplain regulations, Weld County requests that a condition be added to the reclamation permit requiring a FEMA approved Letter of Map Revision (LOMR) prior to the release /vacation of the DMRS permit. The reason for the above request is that Weld County has recently been informed by FEMA in a letter dated January, 13, 2011, that in order to remain compliant with the National Flood Insurance Program, Weld County has to ensure that LOMRs are submitted to FEMA for gravel pits located in a floodplain (See attached letter). FEMA requires that changes such as 100 -year flood water surface elevations, floodplain boundaries, and floodway boundaries be documented and accepted through their LOMR process. Subsequently, Weld County requires evidence of a FEMA approved LOMR prior to vacation of the County's land use permits. The Federal Regulations that apply can be found in 44CFR 60.3 and 65.3. FEMA, the CWCB, and Weld County have floodplain regulations which potentially impact how the site can be used after reclamation. The above mentioned agencies also have regulations in place regarding the erosional stability of any fill that may be left in the floodplain at the completion of mining. Gravel mining activity has potential adverse impacts on the hydrologic balance of the groundwater and surface water systems. The FEMA mapped floodplain is a part of the hydrologic balance and is therefore potentially impacted by gravel mining operations. DRMS Rule 34- 32.5- 116(4)(h) requires that changes to the hydrologic balance of the affected land be minimized. Since the function of the floodplain is a piece of the