_REVISION - M1981302 ‎(83)‎

• Permit No: M1981302
• IBM Index Class Name: Revision
• Doc Name: WESTERN MOBILE DEEPE FARM PIT AMENDMENT 2
• Type & Sequence: TR6
• Media Type: D
• Archive: No

feature that changed the flows was the construction of the berm.
They mining operator started mining in the floodplain and the
company ended mining out of the floodplain. You as a board have a
responsibility -- just as you do in groundwater monitoring -- to
make sure that no upstream and downstream properties are impacted
by this mining operation.
ACTION: I request that you ask this landowner to get a permit to
come out of the floodplain and do a study to show that they are not
impacting the community or any upstream or downstream properties.
II. Legality of the Berm. (See Exhibits 3, 4, 5, 6 )
The issue as to whether or not the berm should be permitted to
exist needs to be addressed with proper public hearings before the
reclamation plan should be approved.
In docket #AR-79-4 the mining operator had a permit for
construction of an embankment and channel in the floodplain (see
Exhibit 3) Quote from document, "If it is contemplated that the
land will be developed for other uses, it should be understood that
the County is not approving the dike as a means of removing the
property from the South Boulder Creek floodplain.
Exhibit 4 indicates that the county is not approving the dike as a
means of removing the property from the South Boulder Creek
floodplain.
If the mining operator wants to keep this berm as a permanent
feature for other uses such as development, this mining operator
needs to get a permit from the local authority (county) and show
how this berm would impact properties upstream and downstream.
Using a temporary permit for construction of an embankment for
mining safety and then allowing it to become a permanent feature,
bypassed the normal process of review, study of impacts, and public
hearing.
This was a mistake and now you as a board have the opportunity to
rectify it.
As noted in Exhibit 5 in 1982, this Mined Land Reclamation board
stated as seen in Exhibit 5 on page 2 and 4 that "The berm is
intended to reduce the historic 100-year flood plain of South
Boulder Creek within the two mining areas" and "The flood control
berm on the proposed Deepe Farm Pit is not a permitted feature.
In Exhibit 6 from 1982, this board also states, IfThe proposed flood
control berm is not a permitted feature to the proposed operation,
and is already in place. The Board may or may not consider this
within their domain of responsibility. Regardless, some discussion
is probably warranted regarding the possible effects of shifting