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999��������� •��r <br /> CITY OF BOULDER, 4—,01LORAX31O <br /> Office of the City Attorney <br /> Municipal Building Joseph N.de Raismes, III <br /> P. 0. Box 791 City Attorney <br /> Boulder, Colorado 60306 <br /> Phone 441-3020 Jane W. Greenfield <br /> Deputy City Attorney <br /> September 2, 1997 <br /> Colorado Division of Minerals and Geology <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Attn: Greg Squire 'Dr-CEIVED <br /> Re: Western Mobile, Inc., Deepe Faun Pit 31997 <br /> Permit No. M-81-032, Technical Revision <br /> Dear Mr. Squire: Division of h^.inerals R Geology <br /> This letter is being submitted by the City of Boulder(the "City") in response to your notice <br /> requesting the submittal of information concerning the above referenced technical revision by <br /> September 2, 1997. <br /> Initially, the City requests that all information submitted by the City, the County, the <br /> applicant, and any other citizens in the Deepe Farm Pit processes be included as part of the record <br /> for the technical revision. This has been a confusing process,but substantial amounts of information <br /> have been submitted in the amendment process over the last six months. All of this information is <br /> also properly included in the technical revision process and as such, should be incorporated. Please <br /> inform me immediately if you do not believe this to be the case. <br /> To summarize the City's position-all of which has previously been submitted-the berm has <br /> not been adequately quantified to determine if it is the appropriate remedy for flood issues in this <br /> area. A study will occur which will answer these questions, and the Division should delay their <br /> decision until such time as this study is complete. To do otherwise is to act prematurely and since <br /> the issue focuses on damages from flooding, to act with inadequate information is clearly an abuse <br /> of discretion. It is helpful to understand that the opinions that have been offered by the applicant <br /> concerning the raising of this berm simplistically state the obvious - that you can divert more flood <br /> water with higher berms. That may be -but this issues are much more sophisticated- concerning <br /> other options, location of a berm, if there is to be one, etc. This is an issue which requires the <br /> Division to engage in a flood plain evaluation of enormous depth and the Division may not have the <br /> K:W LPHAK'M\AM\M.TR.LkX <br />