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IIIIIIIIIIII��IIIII RECEIVED <br /> BEFORE THE MINED LAND RECLAMATION BOARD JUN 11 1997 <br /> STATE OF COLORADO Division of Minerals a ueoiogy <br /> File No. M-81-302 <br /> APPEAL OF INTERESTED PARTY (OBJECTOR) BOARD OF COUNTY <br /> COMMISSIONERS OF THE COUNTY OF BOULDER, OF THE DMG'S DECISION TO <br /> TREAT APPLICATION TR-006 FOR THE WESTERN MOBILE DEEPE FARM PIT AS <br /> A TECHNICAL REVISION, INSTEAD OF AS PART OF APPLICATION AM-002 <br /> IN THE MATTER OF THE WESTERN MOBILE - DEEPE FARM PIT - AMENDMENT <br /> 002 AND TECHNICAL REVISION 006 <br /> The Board of County Commissioners of the County of Boulder <br /> (BOCC) submits this appeal of the DMG's decision to treat as a <br /> technical revision the matters submitted by Permittee/Applicant <br /> Western Mobile as part of its application TR-006, which the Board <br /> contends should properly be reviewed as part of AM-002 , File No. <br /> M-81-302 . As grounds for this appeal, the BOCC states as <br /> follows: <br /> 1. On March 6, 1997, Western Mobile Boulder, Inc. ("Western <br /> Mobile") filed an application (AM-002) to amend its reclamation <br /> permit granted in File No. M-81-302, for the primary purpose of <br /> reducing the approved lake acreage in the permit area and <br /> incorporating certain other internal drainage changes. <br /> 2 . On or about May 2, 1997, Western Mobile filed an application <br /> for a technical revision to File No. M-81-302, primarily to <br /> increase the height of and obtain DMG approval for the berm <br /> feature in the permit area. <br /> 3 . At some time following the informal pre-hearing conference <br /> on AM-002, which occurred on May 6, 1997, the DMG, over the <br /> objections of numerous interested parties at that conference, <br /> made a decision to treat the application filed as TR-006 as a <br /> technical revision, and not as part of AM-002 . <br /> 4. By letter dated May 8, 1997, a copy of which is attached to <br /> and incorporated into this Appeal as Exhibit A, the BOCC formally <br /> objected to the proposed bifurcated treatment and review of the <br /> berm from the rest of the amendment application, for the reason <br /> that the berm and its proposed changes are significant <br /> reclamation features from a flood-control standpoint. It is <br /> impossible to rationally assess the flood control implications of <br /> 1 <br />