1997-06-13_REVISION - M1981302 (69)

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incompatible with the approved reclamation plan; (c) Pond 3 (15.5 acres) would not be constructed due to final pit floor elevations incompatible with the approved reclamation plan; and (d) Pond 4 (7 acres) and Pond 5 (6.5 acres) would not be constructed so as to reduce the evaporative loss of surface water that would otherwise occur. 17. On April 30, 1997, the Division requested that Western Mobile provide additional information regarding the reclamation plan amendment request (Exhibit No. 16). The additional information related to the topsoiling of areas previously planned as pit lakes, reclamation cost estimates, and the final grades associated with the amended reclamation plan. Western Mobile supplied its response to the Division's April 30, 1997 request by letter dated May 14, 1997 (Exhibit No. 17). 18. On April 30, 1997, Western Mobile filed a request for a Technical Revision ("April 30, 1997 TR")to adjust the final elevations and side slopes of certain portions of the flood control berm approved by the Boulder County Planning Commission in February, 1980. Western Mobile has voluntarily waived the 30-day TR processing time otherwise applicable to April 30, 1997 TR. See Construction Materials Rule 1.9.1. 19. On June 4, 1997, the Division proposed to condition its recommended approval of the amendment request as it relates to the depth and quality of the topsoil on the site. Western Mobile is currently working with the Division to finalize this condition of the recommended approval. These efforts were announced at the June 5, 1997 pre-hearing conference, where the company also volunteered to implement a plan to control noxious weeds on reclaimed lands within the permit boundary and to re-evaluate the non-native species in the approved revegetation seed mix for possible replacement of such species with native species as may be deemed appropriate by the Division. II. STATEMENT OF ISSUES IN PROPOSED PRE-HEARING CONFERENCE ORDER DATED JUNE 9. 1997 On June 9, 1997, the Pre-Hearing Conference Officer in this matter issued a Proposed Pre- Hearing Conference Order which outlined the following issues to be considered by the Board at the June 26, 1997 formal hearing. These include the following: Issue No. 1. Whether the proposed changes to the berm, which have been styled as a Technical Revision("TR") and are not now included in the Amendment Application, properly constitute part of the Amendment and should be considered as part of the Amendment? Issue No. 2. Whether the formal public hearing now set for June 26, 1997 should be continued and reset to include consideration of the proposed changes to the berm in conjunction with and as part of the Amendment? 4