1997-06-05_REVISION - M1981302 (8)

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2. The land grade changes and the hydrologic changes proposed in the Amendment will result in an unacceptable risk from flooding to the health, safety and welfare of the citizens of this state, particularly hundreds of homes in the neighborhoods north of the site. Section 34-32.5-116(4)(h) and (I), C.R.S. and Construction Materials Rule 3.1.6 require the minimization of disturbances to the prevailing hydrologic balance, and the protection of areas outside of the affected land from damage. 3. The land grade changes and the hydrologic changes proposed in the Amendment may negatively impact an endangered species and a species proposed for listed under the Endangered Species Act. 16 U.S.C. Sections 1531 - 1544(1988), in violation of that Act and of Construction Materials Rule 3.1.8. 4. The applicant has failed to demonstrate that the proposed Amendment will not negatively impact the ground water levels, ditches, and vegetation on neighboring City open space lands in violation of Section 34-32.5-116(4)(h)and(I) and Constriction Materials Rules 3.1.6 and 3.1.7. 5. The Amendment results in a reclamation plan that is not maintenance free in violation of Section 34-32.5-116(4)(0 and Construction Materials Rule 3.1.10. 6. The presently approved Augmentation Plan is inconsistent with the proposed Amendment and thus violates Section 34-32.5-116(4)(h) and Construction Materials Rule 3.1.6. C. Require re-submittal of the amendment application. 1. The application is incomplete and the Division accepted it and acted on it in violation of Construction Materials Rules 6.3.4,6.3.9,6.3.12,and possibly 6.3.5. As such,the Board should require the applicant to re-submit a complete application. The City has been unable to review an application of extreme importance to our citizens due to its inadequacy. 2. The Applicant chose to submit an amendment that does not include a man- made feature referred to as the berm or the levee,so the berm is not included in this process. Instead they have submitted the review of the berm as a Technical Revision, a process to which the City strongly objects and an issue which will be appealed by the City. However, what is at issue is that this Board cannot make an informed decision without including a review of the berm and without receiving adequate flood evaluation information. The berm impacts the groundwater contours and the land grade contours - all issues related to the endangered species and other wildlife and wildlife habitat. If this Board acts, they may be jeopardizing the lives and property of hundreds of people, and destroying habitat of endangered species. These are not simple issues and they are intricately K:\AURMCMkAM\P-PHS.LA.X 2