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Between 1973 and 1979, the US Army Corps of Engineers re-visited the hydrologic <br /> conditions of the South Boulder Creek drainage basin and increased the 100-year flood <br /> discharge from its 1969 findings of 5,000 cubic feet per second to 6,200 cfs. This <br /> revised 100-year discharge was used in studies that followed this reported change. <br /> In 1979, prior to commencement of mining operations, Flatiron Companies contracted <br /> with Leonard Rice Consulting Water Engineers (LRCWE) to prepare an "Application for <br /> a Special Permit for Floodplain Construction - South Boulder Creek" in order to obtain a <br /> ' Boulder County floodplain construction permit for the site perimeter berm which was to <br /> be constructed on the southern and eastern edges of the Property. The LRCWE study, <br /> using a 100-year flood discharge of 6,200 cfs, initially determined the 1-foot rise <br /> ' floodway and then set the site perimeter berm location so that the berm, in conjunction <br /> with an excavated channel comprised of a 50-foot base width located adjacent to and <br /> ' outside of the berm within the floodplain, would together not cause a rise in the <br /> floodplain of more than 1-foot. The purpose of this site perimeter berm was to protect <br /> the gravel mine from flood damage should a flood occur during the time mining <br /> operations were underway at the site. See Figure 3 for the LRCWE 100-year delineation <br /> of the South Boulder Creek floodplain based upon the constructed site perimeter berm. <br /> No request was made by the Flatiron Property owners or their consultants to modify the <br /> ' regulatory floodplain based upon the LRCWE floodplain analysis nor to cause the berm <br /> to meet FEMA's flood levee criteria. <br /> ' The most recent flood study and the one currently being used by FEMA to regulate the <br /> South Boulder Creek floodplain was a study completed in July, 1986 by Greenhome & <br /> O'Mara, Inc. (G&O) and published in a document entitled South Boulder Creek <br /> Flood Hazard Area Delineation (FHAD). This study was undertaken through a <br /> contract with Boulder County and the Urban Drainage & Flood Control District <br /> ' (UD&FCD) and is based upon 1980 topographic mapping. The G&O 100-year <br /> floodplain delineation is shown on Figure 4. The current FEMA Flood Insurance Study <br /> (FIS) regulatory floodplain for South Boulder Creek is based upon the G&O study, <br /> which utilized a 100-year discharge of 6,160 cfs at U.S. Highway 36. The G&O <br /> 1 <br /> -6- <br />