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revegetation as required by the Construction Materials Rules. Aspects of the reclamation plan not adequately covered by the bond amount include, but are not limited to, the actual current cost to provide a reasonable density of trees and shrubs; the quantity of topsoil shown in Applicant's own reclamation plan; sufficient water for reestablishment of vegetation after mining; sufficient soil amendments and preparation to accomplish Applicant's own reclamation plan; and monitoring for a minimum period of time necessary to determine whether revegetation has been established. G. Contrary to law, without support of substantial evidence in the record, and with significant credible evidence to the contrary, the MLRB erroneously concluded that the MMRR Quarry Application's potential impact on waters of the United States would not require notice to the Army Corp of Engineers or a Cleaz Water Act Permit based on the conclusion that there were no indicators of wetlands on the property and, therefore, no waters of the United States on the property. See Findings of Fact, Conclusion of Law and Order, pazagraph 37. On the contrary, by definition, waters of the United States include waters other than jurisdictional wetlands. It was in excess of the MLRB's authority to approve the application without fully exploring the MMRR Quarry Application's potential impact on waters of the United States, as correctly defined, and the Application may be incomplete if any permits, licenses, or approvals are required by C.M.R. 6.4.13 in light of the Application's potential impact on waters of the United States. WHEREFORE, the Plaintiffs request this Court order designation and certification of all portions of the record; and that this Court thereafter hold unlawful and set aside the MLRB's approval of the MMRR Quarry Application, restrain the implementation of the approved application, and remand this case for further proceedings. DATED this 1st day of March, 2006. HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. By: /s/ Hilary Mogue Graham Corey Y. Hoffmann Hilary Mogue Graham ATTORNEYS FOR CITY OF BLACK HAWK, COLORADO E-FILED PER RULE 121. ORIGINAL SIGNED COPY ON FILE AT THE OFFICES OF HAYES, PHILLIPS, HOFFMANN& CARBERRY, P.C. 6 i///O6 Q:1 USERSIBFAHMGIM/NlNG APPLICATION-MMRR QUARRYIAPPEALICOMPLAINT-FMAL2.DOC