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approval of all appropriate permits required by federal, state and local law prior to <br />engaging in quarry activities. Regarding archaeological and paleontological studies, the <br />proposed project is not a federal project and involves no federal undertaking. There is no <br />indication that Section 106 of the National Historic Preservation Act is applicable to this <br />proposed operation. However, the Applicant has conducted a database seazch for known <br />historic resources in the azea and none were found. The Applicant has committed to <br />notifying the State Historic Preservation Officer if artifacts of importance aze found on <br />the site. Rule 6.4.7(5) requires an Applicant to affirmatively state that the Applicant has <br />applied for a Dischazge Permit from the Water Quality Control Division of the Colorado <br />Department of Public Health, if necessary. The Division's attorney noted during <br />testimony that the Applicant has applied for a Dischazge Permit in satisfaction of Rule <br />6.4.7(5). In addition, the Applicant stated in its "Response to City of Black Hawk's <br />Motion for Conditions" that it had applied for the Dischazge Permit. <br />42. The weight of the evidence demonstrates that the Applicant has met the minimum <br />requirements of Rule 6.4.13 -Exhibit M. <br />ORDER <br />Based on the foregoing facts and conclusions of law, the Boazd hereby approves the <br />application of Cleaz Creek District Water Providers, LLC for a Section 112 Reclamation Permit, <br />subject to the following conditions: <br />Prior to initiation of any blasting, earthmoving, or excavating activities at the <br />MMRR Quarry, the Operator will submit a technical revision, for Division review <br />and approval, containing a groundwater monitoring plan that meets all <br />requirements of Rule 3.1.7. A copy of the technical revision application will be <br />MMRR Boazd Order, M-2004-067 t R <br />