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Memo to File M-81-302 -9- June 5 . 1997 <br /> exclusion of the land inside the levee from the floodplain has been <br /> called into question due to the fact that the levee has not been <br /> certified by FEMA, and Federal Insurance Administration regulations <br /> provide for mapping areas behind levees as protected from the one <br /> percent annual chance flood only if the levee system has been <br /> certified. It is the Division' s understanding that the landowner <br /> of the Deepe Farm Pit, which is now the University of Colorado, <br /> intends to have the levee certified by FEMA. once the levee is <br /> certified, the land grades behind the levee can be considered to <br /> have no influence on one percent annual chance flood flows. <br /> If the levee were to be removed, or were to fail during a flood, it <br /> is appropriate to analyze the effect of the proposed modified land <br /> grades that are a component of the amendment AM-0.02 application as <br /> opposed to the currently approved land grades within the levee as <br /> depicted on the 1989 amendment AM-001 map and on the 1991 technical <br /> revision TR-004 map. The 1989/1991 approved land grades within the <br /> perimeter levee include a chain of 4 ground water and ditch fed <br /> ponds with spillways and connecting channels . Since the ponds in <br /> the approved plan are designed to spill one into the next, and <br /> ultimately drain off-site to the north, no flood water storage may <br /> be relied upon from the approved land grade and pond configuration, <br /> so approving a different land grade and pond configuration could <br /> not adversely affect the flood storage potential of a reclaimed <br /> Deepe Farm Pit . <br /> Current Floodolain Study <br /> Quotes pertinent to the City of Boulder' s concerns in this regard, <br /> from the letter dated 4/22/97 : <br /> . . . the City of Boulder asks the DMG to refrain from approval <br /> of Western Mobile' s proposed reclamation plan amendment for <br /> the Deepe Farm Pit until the Taggart study is complete and <br /> Western Mobile has had an opportunity (to) incorporate the <br /> results of the master planning effort into its final <br /> reclamation plan. <br /> In accordance with section 34-32 . 5-115, the Division must make a <br /> decision on an application for an amendment within a specifically <br /> defined time frame. The Division has no authority to delay the <br /> decision on the Deepe Farm Pit amendment application to await the <br /> results of the Taggart study. <br /> Conclusion <br /> 10 <br /> The Division' s decision to recommend approval of the pending <br /> amendment to the Deepe Farm Pit permit over the objections of the <br /> City of Boulder, is appropriate. <br /> C:\NP51\DEEPEPITJl <br />