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III IIIIIIIIIIIII III <br /> Ben ismder, P.E., L.S. <br /> 720 South 41st Street <br /> Boulder, Colorado 80303 RECEIVED <br /> Mr. Gregg Squire MAY 12 <br /> Division of Minerals and Geology <br /> 1313 Sherman Street, Room 215 Division of Minerals ti Geology <br /> Denver, Colorado 80203 <br /> RE: Amendments to Reclamation Plan - Western Mobile Deepe Pit and Adjoining <br /> Properties, Boulder County, Colorado <br /> Dear Mr. Squire: <br /> I am object to revising the above mentioned reclamation plan in a manner that will significantly <br /> reduce the size and number of lakes and add an earthen dike or levee. <br /> I hereby submit the following issues for consideration by the Board: <br /> 1. It is important to keep one's word. <br /> Nearly twenty years ago, I attended hearings in Boulder County regarding the special <br /> use permit for the gravel operation. The owners of the mine made many promises <br /> regarding the ultimate reclamation of the site after mining operations were completed. <br /> Promises for lakes and an improved natural environment were made both in hearings <br /> and in the press. The special use permit was granted in reliance of these promises and <br /> the promises were formalized in the existing reclamation plan. <br /> The proposed amendments to the plan are in stark contrast to the promises made <br /> when the permit was originally granted. Allowing for drastic modifications to <br /> reclamation plans after mining is completed hurts the credibility and reputation of <br /> both the Board and the mining industry. <br /> 2. It is not prudent for the Department of Natural Resources to modify the reclamation <br /> plan and officially approve an earthen levee in opposition to the expressed statements <br /> and policies of the responsible local governments. <br /> The earthen levee did not exist on the site prior to mining. Boulder County and City <br /> of Boulder policies are to design in accord with natural drainageways and minimize <br /> reliance upon manmade structures- especially earthen levees, which are prone to <br /> failure. <br /> 3. The applicant is asking for permission to modify the reclamation plan to incorporate a <br /> large earthen levee. The proposed dike, or levee, will affect the floodwaters of a <br /> major drainageway, and there are significant issues including perpetual maintenance <br /> and legal liabilities that must be addressed. <br /> Very truly yours, <br /> fl • <br /> Ben Binder <br />