1997-09-15_REVISION - M1981302

• Permit No: M1981302
• IBM Index Class Name: Revision
• Doc Date: 9/15/1997
• Doc Name: RATIONALE FOR APPROVAL OF TR TR-06 WESTERN MOBILE BOULDER INC DEEPE FARM PIT PN M-81-302
• Type & Sequence: TR6
• Media Type: D
• Archive: No

Rationale for 7R-06 Approval-Western Mobile Page 8
Deepe Farm Pit, Permit No. M-81-302
September 15, 1997
authority and are responsible to assure that mining operations and the post-
mining land use comply with local land use regulations. Both the City and
County of Boulder have been active participants in the technical revision TR-06
process and neither has submitted evidence indicating that the operator is in
violation of any City or County plan for extraction referenced in that Section
of the Act or Section 34-1-301 et seq. C.R.S. Moreover, neither the City,
County or any objector to this TR-06 has submitted evidence that the proposed
TR-06 will be "...contrary to the laws or regulations of this State or the United
States, including but not limited to all Federal, State and local permits,
licenses, and approvals as applicable to the specific operation", 34-32.5-
115(4)(d) C.R.S.
Because neither the City, County nor any other objector has submitted any
evidence demonstrating that the proposed TR violates any of the above-
referenced statutory provisions, there is no basis for the Division to deny this
TR under those statutory requirements. If, at some point, the County requires
the operator to alter or remove the levee, it would then be incumbent upon the
operator to submit another technical revision or an amendment to the permit
for further analysis by the Division under its statutory and regulatory
responsibilities.
2. The Boulder County Commissioners submitted a letter dated August 28, 1997,
expressing concerns with the levee modifications proposed in technical revision TR-06.
In that letter,the Commissioners request that the Division consider Boulder County's
submittals and testimony relevant to the Deepe Farm Pit perimeter levee that are in
the record from the consideration of amendment AM-02, as well as the testimony
provided by the City of Boulder on amendment AM-02. The Division agrees that
amendment AM-02 related submittals and testimony relevant to the levee are
germane to the Division's consideration of technical revision TR-06, and has thus
considered amendment AM-02 submittals and testimony about the levee, from all
interested parties, in making the decision on technical revision TR-06. The Boulder
County Commissioners' primary concerns, with the discussion of the Division's
consideration of those concerns, are listed here:
a. It is the position of the Boulder County Commissioners that the review of
technical revision TR-06 should encompass not just the grading changes to the
levee, but the entire levee feature itself. The Division is charged by the Act
with responsibility to assure disturbances to the prevailing hydrologic balance
are minimized. Since the levee was in place prior to issuance of the Deepe
Farm Pit reclamation permit, the prevailing hydrologic balance, from the
reclamation permit standpoint,would be that hydrologic balance which existed