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Revised. 07/06/97 Minutes-June 26-27, 1997 Page 29 <br /> the site and downstream areas subject to innovations from a 100 year flood plan." Ms. Bunin asked <br /> Mr. Botham from his professional perspective if he would assume that that land is in fact in danger <br /> of being destroyed by a 100 year flood. He stated that he knew the condition of the levy so in his <br /> opinion, no. Mr. Botham stated that they are in the process of making a formal submittal to FEMA <br /> that will in fact show that the levy is strong and wide enough to meet FEMA standards. From what <br /> they have shown FEMA so far lets them know that they don't need to make a new map, because the <br /> levy will meet the standards. Mr. Botham stated that he needs to finish the application and have <br /> them review it. Mr. Schwarz stated that the letter was in presto an October l6d' letter that <br /> concluded significantly that the pre-mine conditions without the levy, is a much more dangerous <br /> and severe flood condition than the post-mine land condition with the levy in place. <br /> Ruth Blackmore, representative for Neighbors for Livable Boulder (citizens group), introduced <br /> herself to the Board and presented the Board with Exhibit 15F-Hearing Slaremenr by Rulh <br /> Blackmore. She referred to Exhibits One and Two (maps) in her packet. She compared the historic <br /> and legal maps prior to mining with those made during mining with a berm. She also referenced <br /> other maps within her packet. She asked the Board not to allow the Hearing to give credence to the <br /> berm without the proper public hearing. She also asked that the mining operation or landowner to <br /> obtain a Permit to come out of the flood plain and have a study done to show how the mining <br /> operation with its pit, berm and channel will not impact properties upstream and downstream. She <br /> would like the Board to monitor the mining operator for impacts to others. Ms. Blackmore also <br /> asked the mining operator to apply for the proper Permits if they want to come out of the flood plain <br /> and retain the berm for purposes other than mining safety. She asked the Board not to grant this <br /> Amendment to the Reclamation Plan. The citizens would like the right to a proper hearing on the <br /> mining operation and the berm and its impacts. <br /> Steve Brown clarified that the exhibits that everyone submitted have received no objections and all <br /> of the exhibits that have been identified in the Pre-Hearing submittals are a part of the records. No <br /> one had any objections. <br /> Mr. Humphries stated that the City and County of Boulder have appealed the TR versus the <br /> Amendment issue to be heard at the July 1997 Board Meeting. At that time, the Board will hear <br /> whether or not the Division erred in their determination that the submittal TR 006 is a TR versus an <br /> Amendment. He also stated that the Division does not tell operators what to do at mine sites. The <br />