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Revised: 07/06/97 Minutes - June 26-27, 1997 Page 28 <br /> Schwarz stated that Western Mobile believes that there is an attempt to use the Board's process to <br /> develop future use of the property once the Reclamation Bond is released and they feel it's an abuse <br /> of the Board's process. What Western Mobile wants to accomplish only relates to the pit floor and <br /> areas that have been mined. The berm sits on tin-mined land that is within the Permit area, is <br /> approved in the currently approved Plan and they are not proposing to do anything on that berm, it <br /> is not going to be touched at all. Whether or not the Board chooses to assess whether or not <br /> changes to the berm are going to have detrimental impacts and whether that should be considered as <br /> part of the Amendment or a TR is something that is going to be considered next month. There <br /> should be no linkage between the drainage and the berm and the Amendment so that the company <br /> can take full advantage of what's left of this construction season. <br /> Mr. Paulin asked if Western Mobile was proposing to add 2,000 yards somewhere around the berm. <br /> Mr. Schwarz stated that the TR submitted in April proposes that, but adding that material to the <br /> berm is a separate piece of work. Mr. Cohan asked what is the proposed difference between the <br /> grades in the currently approved Plan and the Plan being considered. Mr. Hart responded that they <br /> had looked at the two contours of the approved and proposed Plan(s) and he stated that overall, the <br /> site is igher.under the amended Plan then under the Approved Plan. A large reason for that is that t'� <br /> shale pants higher, but is not significantly deeper. Mr. Cohan asked if they were aware of the 1981 <br /> Plan and are they committed to retuming to the original contour elevations. Mr. Hart responded that <br /> he had looked at the drawing that was approved in 1981 and it was certainly indicating higher <br /> elevations then what is currently approved, but he cannot determine if it is original as the post- <br /> mining contours are the only ones listed. <br /> Mr. Taylor asked if Western Mobile had obtained a Permit to build a FEMA level certified flood <br /> protection levy to protect properties downstream in order to build the levy system and if there would <br /> be future certification. Western Mobile does not own the property, so the answer was no and the <br /> property owner would have to seek out future certification. <br /> Ms. Bunin asked Mr. Botham to read a letter from Larry Lang, Colorado Water Conservation <br /> Board, dated October 4, 1996. Mr. Botham read: "Recently the owner of the levy system, Flatiron <br /> Company,was notified by FEMA that the levy system does not meet Federal design parts and safety <br /> standards. The notification stated to advising owners, local and state officials that if the levy system <br /> is not improved to meet FEMA levy standards, a new map will be issued which shows portions of <br />