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Mr. Tom Schreiner May 25, 2005 Page 12 • The applicant must apply for and receive an approved, valid, Highway Access Permit from the County prior to initiating any operations. VIII. SUMMARY Black Hawk respectfully requests the Board deny the applicant's Regular (112) Construction Materials Operation Reclamation Permit File No. M-2004-067, based on the following non- compliance with the MLRB Rules and Acts: 1. The application is not complete per items listed below: a. The applicant has not obtained the required permits, licenses, and approvals. b. The applicant has not provided engineering to show structures within 200 feet ofthe highway access road will not be damaged, or obtained a notarized letter from the structure owners for making the applicant accountable for paying compensation for damage to the structures caused by mining operations. c. The applicant has not provided information to show Black Hawk's water rights will not be injured by the mining operation. d. The applicant has not provided an environmental assessment of the project area. e. The applicant has not provided adequate information to evaluate the proposed sedimentation ponds and drainage channels. f. The applicant's Reclamation Plan is incomplete as documented in ERO letter (attached). 2. The information required by the MLRB Rules, including evidence that the operation will comply with the applicable ground water performance standards under Rule 3, was not provided by the applicant. The information required by the MLRB Rules because the operation is expected to directly affect the ground water system (MLRB Rules, §6.4.7(2), has not been provided by the applicant. 4. Cottonwood Creek is within the proposed site boundaries. The application incorrectly states that "There are no perennial streams ... on the permit property." Exhibit G does not correctly reflect these facts. 5. Based on the information presented above, major impacts to the hydrologic balance and ground water system will occur during reclamation; therefore, the application does not comply with CMLR Act 34-32-116(7). 6. The applicant has not yet applied for or obtained a NPDES permit. MLRB Rules require the applicant to either have the NPDES permit in hand or have applied to CDPHE for the necessary NPDES permit at the time of its 112 permit application submittal. LEONARD RICE ENGINEERS. INC.