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Rationale for TR-06 Approval-Western Mobile Page 3 <br /> Deepe Farm Pit, Permit No. M-81-302 <br /> September 15, 1997 <br /> for the Extraction of Construction Materials (Act) and the Construction Materials Rules and <br /> Regulations of the Mined Land Reclamation Board (Rules): <br /> 1. The map provided with the TR-06 application depicted a reclaimed pit configuration <br /> that was the subject of the then pending amendment AM-02 application. The <br /> Division was concerned that the amendment AM-02 issues and the technical revision <br /> TR-06 issues be separated and required that a new map be submitted. This adequacy <br /> concern subsequently became a moot point when amendment AM-002 was approved <br /> on June 26, 1997. The Division was also concerned that the map provided with the <br /> TR-06 application did not legibly depict those portions of the levee that would be <br /> raised or otherwise modified from the preexisting levee configuration. <br /> 2. The location of the Deepe Farm Pit perimeter levee in the one percent annual chance <br /> flood plain of South Boulder Creek gives rise to the potential for adverse off-site <br /> impacts to be caused by the presence of the levee during a flood event. The Act, at <br /> Section 34-32.5-116(4)(b)C.R.S. states that "If earth dams are constructed to impound <br /> water, the formation of such impoundments will not damage adjoining property...," <br /> and at Section 34-32.5-116(4)(h) C.R.S. that "Disturbances to the prevailing <br /> hydrologic balance of the affected land and of the surrounding area and to the quality <br /> and quantity of water in surface and groundwater systems, both during and after the <br /> mining operation and during reclamation, shall be minimized." Although it is not <br /> clear whether either statutory provision requires a flood hazard analysis, the <br /> Division, as a policy matter in this particular instance, decided to analyze the <br /> potential for flood plain hazard from the levee modification. Therefore, with the <br /> above-referenced statutory citations as a basis, the Division required the operator to <br /> provide analysis of the South Boulder Creek flood plain and the effects on the flood <br /> plain that may be caused by the Deepe Farm Pit perimeter levee. <br /> 3. The Division required the operator to provide a demonstration that the levee would <br /> hold during the one percent annual chance flood on South Boulder Creek. This <br /> demonstration was to include design details sufficient to allow evaluation of <br /> freeboard, stability against erosion, seepage through or under the levee, settlement, <br /> cracking, and interior drainage. The operator was also required to address procedures <br /> for long term maintenance of the levee. <br /> Operator's Responses <br /> 1. On August 11, 1997, the operator submitted maps of the Deepe Farm Pit that depict <br /> and highlight the contour of the pit perimeter levee as it is proposed to be raised and <br /> modified through the TR-06 proposal. The Division has determined that these maps <br />