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9. The City, the SDMD and the BHGA were parties to the hearing held before the MLRB on December 14, 2005, as is required by C.R.S. § 24-4-106(4), and did participate in the hearing. 10. The Plaintiffs hereby designate all parts of the record to be relevant to the resolution of this matter and, accordingly, shall advance the cost for production of the entire MLRB record upon notification of the amount of such cost by the Court. II. CLAIMS FOR RELIEF 11. The Plaintiffs incorporate the allegations set forth in paragraphs Ithrough -10 above as if fully set forth herein. 12. The Plaintiffs have been and aze adversely affected and aggrieved by MLRB approval of the MMRR Quarry Application for the following reasons and are, therefore, entitled to the reliefrequested pursuant to C.R.S. § 24-4-106(4): A. The MLRB decision approving the MMRR Quarry Application authorizes blasting that jeopardizes the safety, reliability, and longevity of the Black Hawk- Central City Wastewater Treatment Plant (the "Wastewater Treatment Plant"), a significant, valuable and permanent manmade structure, in which the City holds a direct and demonstrated financial interest. The blasting also jeopardizes the safety, reliability, and longevity of the streetlights lining Highway 119 which aze owned and maintained by the SDMD. Significant, valuable and permanent manmade structures aze protected by the Act. B. The MLRB decision approving the MMRR Quarry Application authorizes blasting that jeopardizes the quality of the Wastewater Treatment Plant's effluent. Effluent from the Wastewater Treatment Plant satisfies water exchange agreements with other municipalities only when the effluent it discharges meets certain quality standards, and the ability of the Wastewater Treatment Plant to consistently perform at those standazds is severely threatened and adversely affected by MLRB approval of the MMRR Quarry Application. Both the Act and the Construction Material Rules promulgated by MLRB in furtherance of the Act explicitly provide for the protection of water resources, both in quantity and in quality. See, e.g., C.M.R. 3.1.6: Water -General Requirements; C.M.R. 3.1.7: Groundwater -Specific Requirements; C.R.S. § 34-32.5-103(19). C. All of the City's sewage (and thus the sewage generated at each casino) is or will be treated at the Wastewater Treatment Plant, creating an additional means by which the City and its constituents may be harmed, aggrieved, and adversely affected. The blasting vibrations have the potential to adversely affect the stability and operation of the Wastewater Treatment Plant. sitln6 Q:I USEBSIBXIHMCIM/NMC APPLICAT/ON-MMRR QUARRYUPPEALICOMPLA/NT-F/NAL-1.DOC