1997-06-05_REVISION - M1981302 (12)

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NSA • Natural Science Associates, Inc. 4814 W. Moorhead Cir • Boulder, CO 80303 • (303) 499-5014 PRESENTATION to BOULDER COUNTY OCTOBER 15, 1996 RE: Notice of Violation BERM GRADING AT DEEPE FARM PIT (FLATIRON PROPERTY) and SPECIAL USE PERMIT APPROVED IN DOCKET SU-88-14 BY: JANE BUNIN, PhD, ECOLOGIST, 499-5014 1 will address violations of County permit SU-88-14, of which the berm construction is one example. There are also problems related to discrepancies between the Deepe Farm Pit County permit and the state mining permit that are of considerable legal and public safety concern for the County. One problem is a new finding showing that the reclamation plan maps received by the County versus the state appear to be consistently and significantly contradictory, both at the time of the initial permit application in 1981 and again in the 1988/1989 amendments. After careful inspection of the permit documents, I have become concerned that the mine operator is now attempting to disregard several of its initial permit requirements Therefore, I strongly urge the County Commissioners to schedule another hearing to consider revocation of the special use permit. The contradictions between the County and state approved reclamation plans and the legal and safety implications of these differences warrant clarification. The information about the Deepe Farm Pit is voluminous and complex and requires more time to prepare than was possible for this initial hearing. 1. THE BERM A. The work conducted on the berm is more than that allowed by Article 4 of the County Land Use Code and higher than that shown on the state and County reclamation plan maps: e.g. the 1989 state Mined Land Reclamation Map (M-81-302) shows no berm. B. The intent of the construction is to facilitate the certification of the berm as a flood protection structure for development purposes, which directly contradicts the conditions of approval for berm construction (Permit AR-79-4. Please see my 7/15 memo to the Commissioners). C. Such development would also contradict the explicit words of the applicant in its initial permit application SU-81-10. Flatirons stated that the project will accomplish "3. Concurrent mining and reclamation of the site so that land is quickly revegetated and a pastoral scene is recreated..." D. Furthermore, County Land Use Code Article 4-602 (A)3 requires that special use permits be in accordance with the Comprehensive Plan. The Comprehensive Plan designates 221 acres of the Deepe Farm Pit as Open Space. Raising the berm height in order to allow flood protection certification and intensive development appears to be a violation of County Code. E. Attempts to certify the berm at this time are premature. The results of ongoing studies of floodplain management, flood hazards and floodplain designations within South Boulder Creek will provide the appropriate bases for a reasonable decision about the advisability of certification. There are significant floodplain related land use and public safety issues at issue.