1997-06-12_REVISION - M1981302 (6)

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III IIIIIIIIIIIIIIII RECEIVED 999 JUN 12 1997 BEFORE THE MINED LAND RECLAMATION BOARD Division of minerais&Geology STATE OF COLORADO File No. M-81-302 CLARIFICATION (OR OBJECTION) TO PROPOSED PRE-HEARING CONFERENCE ORDER IN THE MATTER OF THE WESTERN MOBILE - DEEPE FARM PIT - AMENDMENT 02 The Board of County Commissioners of the County of Boulder (BOCC) submits this request for a clarification of, or (as appropriate) an objection to, the Proposed Pre-Hearing Conference Order entered in this matter dated June 8, 1997 and received by the BOCC on June 11, 1997. The grounds for this requested clarification or objection are as follows: Paragraph #1 of the "Issues to be Considered" on page 2 of the Proposed Pre-hearing Order states the relevant issue as [wJhether 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? The Board submits that this issue is broader, and includes whether the scope of review of the so-called "Technical Revision" should encompass not just the grading changes to the berm, but the entire berm feature itself. The basis for the BOCC's position that the flood-control implications of the entire berm are properly at issue in this amendment application is set forth in detail in the BOCC's letter of supplemental objections dated May 8, 1997, which is attached as Exhibit A to the BOCC's Pre- hearing Statement filed in this matter. See also the letter of the Assistant Boulder City Attorney dated May 13, 1997; the Pre- hearing Statement of the City of Boulder; the memorandum from Allen Sorenson of the DMG to Gregg Squire of the DMG dated May 26, 1997; and any other pertinent material already of record in these matters (AM-002 and TR-006) . 1