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majority of the [Deepe Farm Pit] site is protected by the recently constructed flood control berm and <br /> channel so that only lands east of the berm will be subject to 100-year flooding. . . . The <br /> construction and impacts on the flood control berm and channel were reviewed by the Public Works <br /> Department for Docket#AR-79-4 . . . . Care must be taken not to damage or structurally undermine <br /> the flood control berm and channel, including protective rip-rap" (Exhibit No. 4). <br /> These communications from the City of Boulder to Boulder County <br /> demonstrate that the berm and the channel have played, and are likely to continue to play, a vital role <br /> in ameliorating flood impacts in the South Boulder Creek flood plain. However, the City and the <br /> County are now attempting to use the Board's reclamation process to argue that South Boulder <br /> Creek flood plain impacts are not only within the Board's jurisdiction to review,but that such issues <br /> can only be viewed in conjunction with an amendment that is limited to grading and drainage inside <br /> of the berm and out of the regulated flood plain. Based on statements made at the June 5, 1997 Pre- <br /> Hearing Conference, these claims appear not aimed at the validity of the present amendment, but at <br /> potential uses of the property subsequent to reclamation bond release. In October, 1996 the Division <br /> responded to similar comments made by one of the opposing parties in this proceeding. Therein the <br /> Division stated that it was the Division's: <br /> understanding that the existing berm was present on the site prior to <br /> the permit issuance . . . . It is also the Division's understanding that <br /> Boulder County was aware of the berm construction as early as 1979, <br /> and did not notify the Division of any objections during the <br /> permitting process. It is Board policy that the Division shall not <br /> enforce other agency's regulations. The Board approved the permit <br /> with a final use of wildlife and agriculture, not intensive <br /> development,but if the area is developed after reclamation and permit <br /> release, the Board and Division will have no control over later <br /> activities (Exhibit No. 25). <br /> D. Boulder County has reserved the right to appeal any decision by the <br /> Division to treat the April 30, 1997 TR request as a technical revision. <br /> Shortly after filing the April 30, 1997 TR request, Boulder County raised <br /> concerns regarding whether the April 30, 1997 request is appropriate for consideration as a TR, or <br /> whether it should be resubmitted as an amendment. In response to these concerns, and after <br /> consultation with the Division, Western Mobile voluntarily waived the 30-day processing time <br /> otherwise applicable to April 30, 1997 TR request. See Construction Materials Rule 1.9.1. <br /> Western Mobile submitted the April 30, 1997 request as a TR since it does not increase the <br /> affected acreage at the Deepe Farm Pit,or have a significant effect on the approved reclamation plan. <br /> Should the Division determine that the April 30, 1997 TR has somehow increased the acreage of the <br /> affected land or significantly affected the approved plan, it can request that Western Mobile resubmit <br /> the TR as an amendment. See Construction Materials Rule 1.1(6). That stated, an assessment of <br /> 8 <br />