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IkA *nO2, f 1 s 2 (l PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE: (970) 356-4000, EXT. 3750 ?,. 'V?/ E -`+7 N T Y FAX: 970) 304-6497 RECEIVED April 7, 2010 APR 1 1 2011 Colorado Division of Reclamation, Mining, & Safety IVilian of Reclamatlon, Attention: Tony Waldron Minino a Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Varra Resources Project 110 (Formerly the Dakolios Pit) Mining Permit Number M-1984-036 Dear Mr. Waidron, - ,s Weld County Public Works has recently become aware of a pending permit amendment for the Dakolios Gravel Pit operated by Varra Companies. The pit is located at or near section 31, T3N, R67W. 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 floodwater 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(b)(3), 60.3(b)(7), 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 hvdrologic 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 hydrologic balance, we request that the operator show what impact their mining activity has had on the 100-year flood water surface elevations and floodplain functions through a FEMA approved LOMR prior to DMRS releasing the reclamation permit. DRMS Rule 34-32.5-116(4)(1) requires that areas outside of the affected land shall be protected from damage occurring during the mining operation and reclamation. Mining and reclamation activities may have changed the conveyance of the floodplain in the 100-year flood. Since the currently mapped floodplain extends beyond the operator's property, the potential exists for surrounding property owners to be impacted or even damaged by the mining and reclamation activities that have occurred on the operator's property. The operator can reduce their liability by obtaining a FEMA approved LOMR which documents the impacts that mining has had on the FEMA mapped floodplain. Page 1 of 2 MAPLANNING - DEVELOPMENT REVIEMUSR-Use by Special Review\USR-616 Varra Dakolios Pit\USR-616 DRMS letter 4-7-11.docx