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0 <br /> Rationale for TR-06 Approval-Western Mobile Page 6 <br /> Deepe Farm Pit, Permit No. M-81-302 <br /> September 15, 1997 <br /> earthen structures such as the levee, a minimum safety factor of 1.5 is typically <br /> specified, so the results obtained for the Deepe Farm Pit levee indicate that the <br /> structure is extremely resistant to slope failure. <br /> 4. The levee at the Deepe Farm Pit, like any other earthen embankment designed to <br /> impound or divert water, will require ongoing inspection and maintenance. For this <br /> reason, the Division required submittal of an inspection and maintenance plan with <br /> the technical revision TR-06 application. On August 15, 1997, the operator submitted <br /> an inspection and maintenance plan for the levee which has been found to be <br /> acceptable to the Division. Inspection and maintenance of the levee will be the <br /> responsibility of the operator and under the jurisdiction of the Division until such <br /> time as the levee undergoes bond release. At that time, levee maintenance will be the <br /> responsibility of the landowner. <br /> Objectors' Concerns with TR-06 <br /> 1. The City of Boulder submitted a letter dated September 2, 1997 expressing concerns <br /> with the levee modifications proposed in technical revision TR-06. In that letter, the <br /> City of Boulder requested that the Division's decision be delayed for nine months or <br /> that the technical revision be denied. The City of Boulder's specific concerns are that <br /> the relationship of the Deepe Farm Pit levee to the South Boulder Creek flood plain <br /> has not been adequately studied, particularly from the standpoint of flood plain <br /> management strategies that may be an effective alternative to the levee in the final <br /> configuration proposed in technical revision TR-06. The City of Boulder's position is <br /> that decisions regarding flood plain management should await the completion of the <br /> next flood plain study on South Boulder Creek, colloquially referred to as the Taggart <br /> Phase III study, that will ostensibly be completed at some point in the relatively near <br /> term. It is the Division's position that the Act and Rules do not provide the regulatory <br /> authority to delay the decision in order to await a pending flood plain study, and that <br /> even if the master plan for the South Boulder Creek flood plain that is to be included <br /> in the Taggart Phase III study were available now, the Division does not have the <br /> regulatory authority to require that the operator conform their reclamation plan to <br /> that master plan. However, if the County of Boulder were to specifically and <br /> expressly require the operator to conform to the master plan, the operator would then <br /> be responsible to submit for Division review and approval any modifications to the <br /> reclamation plan that may be needed to facilitate compliance with County <br /> requirements. Also, the Division can only deny a technical revision if one or more <br /> denial criteria, codified at 34-32.5-115(4), C.R.S., apply. The Division's findings that <br /> justify an approval of the technical revision TR-06 application over the City of <br /> Boulder's objection are as follows: <br />