1997-04-22_REVISION - M1981302 (10)

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key factor in the eventual approval of the Special Use. The proposed Amendment would be a substantial and detrimental change from the reclamation plan promised the citizens of Boulder County. It will eliminate previously approved water-based and wetland habitat which has been deemed appropriate for this property and environmentally beneficial for local plant and wildlife. It also may pave the way for future intensive development of the site in what may be determined to be an unsafe and flood-prone area. In addition to the reduction in open water surface, the proposed Amendment includes revisions to finished contours as part of an overall grading and drainage plan. This would include excavation and extension of drainage channels parallel to the existing flood control levee surrounding the Deepe Pit. As you may be aware, many concerns have been recently raised about the accuracy of the existing floodplain delineations and the impacts that the embankment and sand and gravel mining reclamation may have on the South Boulder Creek floodplain. As a result of these concerns, an analysis is being conducted under the auspices of the Urban Drainage and Flood Control District (UDFCD) with cooperation from Boulder County and the City of Boulder. It is hoped that the on-going analysis will eventually result in determining the most appropriate flood mitigation measures for this area. We have requested that the Federal Emergency Management Agency (FEMA) withhold certification of the existing embankment as a flood protection levee pending the determination of the most appropriate flood mitigation measure for this area. Since the issue of internal drainage is one of the primary FEMA criteria for evaluating the suitability of a flood control levee, we would also request that the approval of an Amendment affecting internal drainage also be withheld. In addition, any proposal to modify the levee embankment should be included as part of the reclamation Amendment. Please note that although it is shown on the Amendment reclamation plan, the levee embankment does not appear to included as part of the proposed Amendment. Although the levee may have pre-dated the original reclamation permit, the levee has been substantially modified and expanded since the permit was issued (in particular, during the summer of 1996) . This substantial change, with its serious potential implications for flood control, on-site drainage, and post-mining land use, must not escape the critical review of the MLRB. In summary, the Boulder County Board of Commissioners objects to the proposed Amendment to the existing Mined Land Reclamation Permit, and therefore would request a hearing before the Colorado Mined Land Reclamation Board. The County of Boulder appreciates your immediate attention to this matter. As an affected community, we request an adequate opportunity to participate in the resolution of these issues. 2