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999 Post Office Box 471 . Boulder.Colorado 80305 <br /> Boulder Office of the County Attorney <br /> 13th&Pearl Streets. Boulder County Courthouse . Boulder.Colorado 80302 . (303)441-3435 <br /> Social Services Attorney. Boulder County Courthouse. (303)441-3190 <br /> FAX:(303)441-4794 <br /> July 31, 1997 <br /> Gregg Squire RECEIVED <br /> Bruce Humphries <br /> Division of Minerals and Geology AUG 0 4 1997 <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 Division otNimerals&Geoff_,,, <br /> RE: 7011OW-up to July 23, 1997 MLRB Hearing on appeal of the <br /> Countv of Boulder and City of Boulder regarding the DHG's <br /> Decision to Treat Proposed Changes to the Deeps Farm Pit <br /> Bern (Permit M-61-302) as a Technical Revision (TR-006) <br /> versus an Amendment <br /> Dear Gregg and Bruce, <br /> I am writing to follow up on the MLRB's July 23 decision to <br /> treat the issues related to the Deepe Farm Pit berm (TR-006) as a <br /> technical revision to Permit M-81-302, provided the DMG staff <br /> solicits input from the interested parties in this matter. I am <br /> unclear as to how the staff plans to proceed with this direction, <br /> and perhaps you still are too (I understand that this is somewhat <br /> of a novel process) . Since I will be out of the office between <br /> now and August 18, I thought I should correspond with you at this <br /> point. <br /> Our staff will be consulting with the Board of County <br /> Commissioners to determine if they wish to have any additional <br /> input to the TR process at this point. Pending any further <br /> input, I would appreciate your considering all of the comments <br /> regarding the berm which the County Commissioners have already <br /> put before the Division and the MLRB as part of the record on the <br /> amendment application in this matter (AM-002, Permit M-81-302) . <br /> I would also encourage the Division to consult with the <br /> Attorney General's Office regarding the scope of the DMG's/MLRB's <br /> authority to evaluate flood control impacts. Without doing legal <br /> research on the matter, I had always understood that the plain <br /> language of the statute referencing minimizing disruption to the <br /> hydrologic balance, included the effects of proposed reclamation <br /> plans (including the berm here) on potential flood conditions, <br /> both on-site and off-site. The dictionary defines hydrology as <br /> "a science dealing with the properties, distribution, and <br /> circulation of water on the surface of the land, in the soil and <br /> underlying rocks, and in the atmosphere." (Webster's New <br /> 1 <br /> I <br /> Jana L.Mendez Ronald N.Stewart Paul Danish <br /> County Commissioner County Commissioner County Commissioner <br />