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III IIIIIIIIIIIIIIII <br /> CITY OF BOULMER, COLORAMO <br /> Office of the City Attorney Municipal Building Joseph N. de Raismes, III <br /> P. O. Box 791 City Attorney <br /> Boulder, Colorado 60306 <br /> Phone 441-3020 Jane W. Greenfield <br /> Deputy City Attorney <br /> May 13, 1997 <br /> Colorado Division of Minerals and Geology <br /> 1313 Sherman St., Room 215 <br /> Denver, Colorado 80203 <br /> Attn: Mike Long, Director, Division of Minerals and Geology <br /> Bruce Humphries, Program Supervisor <br /> Greg Squire, Program Specialist <br /> Re: Western Mobile Deepe Farm Pit: Proposed Technical Revision to Existing Mined Land <br /> Reclamation Permit #M-81-302 <br /> Gentlemen: <br /> At the conference on May 6th, the City of Boulder(the"City) was informed that on May <br /> 2, 1997, Western Mobile submitted a technical revision request to the Division of Minerals and <br /> Geology (the "Division") concerning a berm at their mining site. The City has not been provided <br /> a copy of that request, but it is our understanding that Western Mobile desires to increase the height <br /> of the existing berm. The City strongly believes that it is clear from your regulations that this <br /> request is not one to be treated as a technical revision, but is more appropriately treated as an <br /> amendment. <br /> It is helpful to understand the broader context associated with this request. It has been <br /> represented that if the berm is raised to this height then substantial portions of the University of <br /> Colorado property(the present owner of the site)will now be removed from the 100-year flood plain <br /> and, thus, available for development. However, a study is in progress which will determine the <br /> limits of the South Boulder Creek floodplain and which will also determine appropriate flood <br /> mitigation measures for this area. The results from that study are expected in September, and those <br /> recommendations may or may not include this berm, at this height, in this location. <br /> This berm is a high risk,high maintenance remedy that is intended by the operator to prevent <br /> a significant change in South Boulder Creek flooding that has been created by mining the property. <br /> The efforts to certify the berm as a federally recognized flood protection levee by the operator are <br /> K:NLPHAkCM,AMLL.-DMG.1 VX <br />