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r� IIIIIIIIIIIIIIIIIII <br /> 999 nrr,EIVED <br /> JUN 0 5 1997 <br /> BEFORE THE MINED LAND RECLAMATION BOARD, STATE OF COLORADO <br /> File No. M-81-302 ,.....olais ci Geology <br /> PRE-HEARING STATEMENT OF THE CITY OF BOULDER, COLORADO <br /> IN THE MATTER OF THE WESTERN MOBILE - DEEPE FARM PIT -AMENDMENT 02 <br /> The City of Boulder, Colorado (the"City") submits the following information for inclusion in the <br /> pre-hearing order issued by the Mined Land Reclamation Board: <br /> I. STATEMENT OF ISSUES <br /> A. Postponement of the Hearing <br /> Due to the complexity of the application and serious unforseen circumstances, <br /> pursuant to Section 34-32.5-115 (2) and Construction Material Rules and Regulations of the <br /> Colorado Mined Land Reclamation Board,January 1996(the"Construction Materials Rules'),Rule <br /> 1.4.1(7), this hearing should be postponed until at least the August, 1997 MLRB meeting, and <br /> preferably the October 1997 meeting. There is a serious potential for flooding hundreds of <br /> residences and that potential has not been evaluated. Presently,the City,Boulder County,and Urban <br /> Drainage and Flood Control District have contracted with Taggart Engineering Associates to conduct <br /> a detailed study of the South Boulder Creek floodplain in the vicinity of the Deepe Farm Pit. That <br /> information will be available in September, thus making October the ideal time for review. The <br /> Division has represented that the statute requires no more than 60 days, thus the August date, but <br /> adequate information may not available at that time. However, the City requests that the Attorney <br /> General's office review the time line requirements to determine if the hearing can be delayed until <br /> October. If not, then it should be postponed until August. <br /> B. Denial of the Amendment <br /> 1. The proposed changes are inconsistent with the stated use of wildlife and <br /> agriculture. The Amendment does not comply with the Construction Materials Rule 3.1.5, 3.1.6, <br /> 3.1.7 (8) and 3.1.8 (1). Proposed changes are potentially damaging to wildlife, particularly <br /> endangered species. There is no adequate evaluation of the impact on wildlife and habitat including <br /> Spiranthes diluvialis and Zapus hudsonius preblei (Ute ladies tresses orchid and the Preble's <br /> meadow jumping mouse)on this property or on adjacent properties. The land grades are inconsistent <br /> with Construction Materials Rule 3.1.5 (8). <br /> K:�AURA\CM\AWP.PHS.IAX <br />