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PERMFILE47333
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PERMFILE47333
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Last modified
8/24/2016 10:49:22 PM
Creation date
11/20/2007 1:06:53 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
11/21/2005
Doc Name
Exhibit 206
From
City of Black Hawk
To
DMG
Media Type
D
Archive
No
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Tom Schreiner <br />October 24, 2005 <br />Page 2 <br />I. City of Black Hawk Objections, filed by Haynes, Phillips, Hoffmann & Carberry, <br />P.C. <br />The City of Black Hawk raises a number of issues in its letter of September 12, 2005. Its <br />letter, and its previous and any subsequent ones, should be struck from the record or treated as <br />comments rather than objections, because it has no standing to file objections in this matter. <br />C.R.S. § 34-32.5-112(9) governs the process of notice, comment and objection in <br />connection with construction materials permitting. It provides that an applicant for a Regular <br />112 permit shall "cause notice of the filing of [the] application to be published in a newspaper of <br />general circulation in the area of the proposed mining operation.,." and shall "mail a copy of <br />such notice immediately after the first publication to all owners of record of the surface and <br />mineral rights of the affected land, the owners of record of all land surface within two hundred <br />feet of the affected lands, and any other owners of record designated by the Boazd who may be <br />affected by the proposed mining operation." <br />In response to such a notice, "[a]n aggrieved person has the right to file written <br />objections to, and any person has the right file written statements in support of an application for <br />a permit and to petition for a hearing. Such protests or petitions for a hearing shall be filed with <br />• the board or office not more than twenty days after the date of last publication of notice made <br />pursuant to 34-32.5-112(9)." C.R.S. § 34-32.5-114 (emphasis added). <br />It is apparent from the legislative distinction between "aggrieved persons" who may be <br />objectors to an application and any person, who may file statements in support of an application <br />for a permit, that not everyone may file an objection and obtain a hearing. Instead, a person who <br />wishes to object must assert reasonable grounds on which to claim that they are "aggrieved." <br />Those who cannot satisfy that requirement may not have their objections noticed by the MLRB. <br />The Construction Materials Regulations define "aggrieved" to mean "suffering actual <br />loss or injury, or being exposed to potential loss or injury, to legitimate interests. Such interests <br />include, but are not limited to, business, economic, aesthetic, governmental, recreational, or <br />conservational interests." Construction Materials Rule ("CMR") 1.1(4). The Rule does not <br />otherwise define what aze "legitimate interests," but this definition is logically similar to the test <br />for standing, which requires that a petitioner must assert a legal basis on which a claim for relief <br />may be asserted, and must allege an injury in fact to a legally protected interest. CF Gaming <br />Corp. v. Hyatt Gaming Management, Inc., 77 P.3d 894 (Colo.App. 2003). <br />Persons who are "owners of record of the surface and mineral rights of the affected land, <br />the owners of record of all land surface within two hundred feet of the affected lands, and any <br />other owners of record designated by the Board who may be affected by the proposed mining <br />operation" are designated by the statute as being entitled to personal notice, C.R.S. § 34-32.5- <br />n <br />U <br />
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