1997-06-13_REVISION - M1981302 (60)

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Page 5 ISSUE 2 Whether the formal public hearing now set for June 26, 1997 should be continued and reset to include consideration of the proposed changes to the berm in conjunction with and as part of the Amendment. Comment: "Due to the complexity of the application and serious unforseen circumstances,pursuant to Section 34-32.5-115(2) and Construction Material Rules and the Regulations of the Colorado Mined Land Reclamation Board, January 1996 (the "Construction Materials Rules"), Rule 1.4.1(7), this hearing should be postponed until at least the August 1997 Mined Land Reclamation Board meeting, and preferably the October 1997 meeting. There is a serious potential for flooding hundreds of residences and that potential has not been evaluated. Presently, the City, Boulder County,and Urban Drainage and Flood Control District have contracted with Taggart Engineering Associates to conduct a detailed study of the South Boulder Creek floodplain in the vicinity of the Deepe Farm Pit. That information will be available in September, thus making October the ideal time for review. The Division has represented that the statute requires no more than 60 days, thus the August date, but adequate information may not [be] available at that time. However, the City requests that the Attorney General's Office review the time line requirements to determine if the hearing can be delayed until October. If not, then it should be postponed until August." Response: The Division of Minerals and Geology(Division) has not so far considered Amendment 002 reclamation related issues as technically complex, as is evidenced by the fact that it has proceeded along the procedural lines that are required for any amendment. The commentor's stated concerns about flooding addressed during the Division's review of the proposed changes to the berm in the TR application 006. The operator has agreed to waive the time review limit so that this issue may be fully discussed. Comment: "...the City of Boulder requests that the DMG require Western Mobile to submit additional detailed information about the land berm and relevant impacts on the surrounding community prior to any final determinations concerning the proposed reclamation plan amendment for the Deepe Farm Pit." "The City of Boulder understands that the Flatiron Companies,Western Mobile,and the University of Colorado propose to include the subject land berm in site reclamation for the Deepe Farm Pit as a flood protection barrier against the adverse flooding impacts the gravel mine has created for lands downstream of this mining site." "Neither has Western Mobile provided a detailed technical evaluation of the land berm in the context of final reclamation for the mining site. This includes the absence of any analysis regarding changes in floodplain conditions in the area due to mining activity, the heightened flooding risks for surrounding neighborhoods, and other site reclamation