Laserfiche WebLink
HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. <br />JohnE. Hayes <br />Herbert C. Phillips <br />Corey; Y. Hoffmann <br />Kendra L. Cazberry <br />VIA PRIVATE COURIER <br />Tom Schreiner <br />Reclamation Hydrologist <br />Colorado Division of Minerals and Geology <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />December 30, 2004 <br />Re: Objections to Reclamation Permit Application # 2004-067 <br />Dear Mr. Schreiner: <br /> <br />MAY 2 5 2C~5 <br />4ivisioa a; PILm:afs ~; Go:elopy <br />Hilazy Mogue Graham <br />Jefferson H. Parker <br />Dani E. Eliscu <br />This firm represents the City of Black Hawk. On behalf of the Mayor and Board of <br />Aldermen, please let this correspondence serve as the City's formal and strenuous objection to <br />the above-referenced permit applications and as a request that the Mined Land Reclamation <br />Board (the "Boazd") deny the permit application. In addition, the City petitions the Boazd for a <br />public heazing on the matter, requests to be named as a party to the proceedings related to the <br />application, and requests to take paR in the pre-heazing conference on the application. <br />As an initial matter, the City is "aggrieved" as that term is defined by the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials (the "Act"), C.R.S. § 34-32.5-101, <br />et seq. Specifically, C.R.S. § 34-32.5-103(1.5) reads: "Aggrieved means suffering actual loss or <br />injury, or being exposed to potential loss or injury, to legitimate interests. Such interests include, <br />but are not limited to, business, economic, aesthetic, governmental, recreational, or <br />conservational interests." <br />The City stands to suffer actual and irreparable business, economic, and governmental <br />injury should this permit be granted. The anticipated fifteen (15) trucks per hour exiting the mine <br />onto State Highway 119 would have a very real, negative impact on the public's ability to <br />patronize City businesses and City residents' ability to access the City. Accordingly, the City is <br />~ The City is responding to the attached notice published in the Weekly Register-Call, which shows the deadline for <br />comments to be December 30, 2004, at 4:00 p.m. <br />Attorneys at Law <br />Suite 450, The Mazket Center <br />1350 Seventeenth Street <br />Denver, Colorado 80202-1576 <br />Telephone: (303)825-6444 <br />Facsimile: (303) 825-1269 <br />E-mail: hmgraham@hphclaw.com <br />12/30/04 <br />Q: I USERSIRHIHMGIM/NING APPLICATIOMORJECTIONLFTTER - LOI.DOC <br />