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Page 7 <br /> mined site than in previously approved reclamation plans. These lower grades have <br /> created the potential to divert and redirect flood waters from South Boulder Creek to the <br /> north." <br /> Response: The land grades that the City of Boulder is concerned with are inside the existing berm. <br /> The currently accepted delineation of the one percent annual chance floodplain along <br /> South Boulder Creek excludes the land inside the levee from the floodplain. If the land <br /> inside the levee is not in the floodplain, there is no potential for the land grades inside <br /> the levee to affect flood flows resulting from a one percent annual chance flood. The <br /> exclusion of the land inside the levee from the floodplain has been called into question, <br /> due to the fact that the levee has not been certified by FEMA, and Federal Insurance <br /> Administration regulations provide for mapping areas behind levees as protected from <br /> the one percent annual chance flood only if the levee system has been certified. It is the <br /> Division's understanding that the landowner of the Deepe Farm Pit, which is now the <br /> University of Colorado, intends to have the levee certified by FEMA. Whether or not <br /> the levee is certified, the land grades behind the levee can be considered to have no <br /> influence on one percent annual chance flood flows. <br /> If the levee were to be removed or if it failed during a flood, it would be appropriate to <br /> analyze the effect of the proposed modified land grades that are a component of the <br /> amendment AM-002 application, as opposed to the currently approved land grades <br /> within the levee (as depicted on the 1989 amendment AM-001 map and on the 1991 <br /> technical revision TR-004 map). The 1989/1991 approved land grades within the <br /> perimeter levee include a chain of 4 groundwater and ditch-fed ponds with spillways <br /> and connecting channels. Since the ponds in the approved plan are designed to spill one <br /> into the next and ultimately drain off-site to the north, no flood water storage may be <br /> relied upon from the approved land grade and pond configuration. So, approving a <br /> different land grade and pond configuration could not adversely affect the flood storage <br /> potential of a reclaimed Deepe Farm Pit. <br /> Comment: "...the City of Boulder asks the DMG to refrain from approval of Western Mobile's <br /> proposed reclamation plan amendment for the Deepe Farm Pit until the Taggart study <br /> is complete and Western Mobile has had an opportunity (to) incorporate the results of <br /> the master planning effort into its final reclamation plan." <br /> Response: In accordance with Section 34-32.5-115, the Division must make a decision on an <br /> application for an amendment within a specifically defined time frame. The Division <br /> has no authority to delay the decision on the Deepe Farm Pit amendment application to <br /> await the results of the Taggart study. Moreover as explained above and below in the <br /> Division's reposes to comments under Issue 4, the change in the number of ponds from <br /> 5 to 2 has not significant flood implications. <br />