1997-06-13_REVISION - M1981302 (60)

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• Page 9 turnpike cloverleaf and spill into developed areas to the north. It is the Division's understanding that the extent of flooding that may be expected in these neighborhoods has never been delineated and certainly was not addressed in the Greenhome and O'Mara study. The presence of the Deepe Farm Pit perimeter levee directs a greater percentage of any South Boulder Creek overbank flow toward the turnpike bridge over South Boulder Creek, thus the flood inundation in neighborhoods north of the turnpike would be less with the levee than without the levee, all other factors remaining equal. Based on the analysis,the Division's preliminary finding is that the operators proposal to incorporate the levee into final reclamation of the Deepe Farm Pit, through the application for technical revision TR-006, will not cause damage to adjoining property. Since this is the finding called for by statute at 34-32.5-116(4)(b), and the results of the pending Taggart study are not needed to make this finding, the above quoted objection raised by Dr. Bunin does not constitute a basis for denial of either amendment AM-002 or technical revision TR-006. It is emphasized that the Division's finding in this regard is preliminary, because the operator has not yet provided responses to the Division's adequacy review of technical revision TR-006. Comment: "The proposed berm is not maintenance free, whereas DMG requires that reclamation features require minimal maintenance." Response: The performance standard for earth dams, such as the perimeter levee at the Deepe Farm Pit, is that the impoundment will not damage adjoining property or conflict with water pollution laws (Section 34-32.5-116(4)(b)). This performance standard does not require that earth dams that remain as a component of the reclamation plan be maintenance-free. In fact, it is not possible to construct a maintenance-free earth dam. Comment: "Federal and state policy do not favor structural flood-control measures;e.g.,berms,and "Federal and state policy advocate a landscape approach that is ecosystem based, or considers watershed function as a whole, not as artificially fragmented and unrelated pieces. The health and safety consequences of crippled master- planning could be severe." Response: The Division does not have the statutory or regulatory authority to make suitability detemtinations regarding mining or reclamation plans proposed by operators of construction materials mines. The Division's responsibility, as it relates to the proposed berm, is to make findings as to whether the berm will cause off-site damage and effectively minimize disturbance to the prevailing hydrologic balance. Additionally, although a holistic and natural approach to floodplain management is