1997-06-13_REVISION - M1981302 (69)

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Map,"depicts the berm and the flood control channel,as do all the subsequent approved reclamation plan maps on file at the Division's offices. A July 15, 1996 memorandum to the Boulder County Board of County Commissioners from Curt Parker (Boulder County Water Resources Engineer), Larry Matel (Boulder County Director of Transportation), Paul Blisk (Boulder County Assistant Zoning Administrator), and Graham Billingsley (Boulder County Land Use Director) states Boulder County's understanding that the berm and the drainage channel are contemplated as part of the Deepe Farm Pit mining and reclamation plans(Exhibit No. 14). The memorandum states: "In 1981, Flatirons Co. applied for a Special Use Review for open mining of sand and gravel on the property (#SU-81-10 - Deepe Farm Pit). The constructed dike and diversion channel were included as integral part[s] of the mining and reclamation plans. The Special Use was approved by the Boulder County Commissioners on January 11, 1982." For the opposing parties, and in particular Boulder County, to now argue that the berm and the flood control channel were never included or depicted in the reclamation plan is inconsistent with the past position of local government and Permit No. M- 81-302 as approved by the Board. B. The Deepe Farm Pit is located outside the South Boulder Creek 100-year flood plain. The July 15, 1996 memorandum referenced in Section A above also addresses issues involving the South Boulder Creek flood plain. By way of background, and as set forth in the memorandum, the delineation of the floodplain was commissioned in March, 1985 by Boulder County and the Urban Drainage and Flood Control District, in cooperation with a sister agency to the Board, the Colorado Water Conservation Board. The necessary floodplain study was conducted by Greenhome and O'Mara,Inc., Consulting Engineers. After what the July 15, 1996 memorandum describes as"a lengthy review and public hearing process"the Greenhome & O'Mara Study ("G&O Study") was adopted by Boulder County in November, 1987 and submitted to the Federal Emergency Management Agency ("FEMA"). In December, 1987, FEMA notified Boulder County that the G&O Study had been reviewed and that a National Flood Insurance Program, Flood Insurance Rate Map ("FIRM") reflecting the 100-year floodplain limits of South Boulder Creek had issued based on the study. One feature of the revised FIRM is that it removed the Deep Farm Pit from the 100-year floodplain. While this conclusion regarding the flood plain has been called into question recently in work conducted on behalf of the University of Colorado by Love and Associates, the July 15, 1996 County memorandum confirms that: [T]he [G&O] study was reviewed by engineers at Boulder County, the Colorado Water Conservation Board, the Urban Drainage and Flood Control District, and FEMA prior to adoption, with all these agencies apparently accepting the Greenhome and O'Mara conclusion that the area west of the embankment [including the Deepe Farm Pit] was ineffective for flow conveyance. 6