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PERMFILE52361
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PERMFILE52361
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Entry Properties
Last modified
8/24/2016 10:56:10 PM
Creation date
11/20/2007 3:18:32 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
5/8/2007
Doc Name
Opening Brief
From
Court of Appeals
To
DRMS
Media Type
D
Archive
No
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County with a total of 526.7 permitted acres and 17.6 acres of quarry production. <br />Record, p. 2900, which is within the transcript of December 14, 2005, Hearing <br />before the Mined Land Reclamation Board, at Transcript page 23, lines 1-14 (Tr. <br />23:1-14). (The Transcript appears in the agency's record at pp. 2878-3278.) The <br />Objectors to the Permit at this time are three separate and distinct governmental <br />entities -the City of Black Hawk, the Black Hawk-Central City Sanitation District, <br />and the Silver Dollar Metropolitan District - as well as one individual, private <br />landowner, Dr. Estella Leopold. Each Objector opposes the creation of a gravel <br />quarry at the proposed site for distinct and legitimate reasons, and the City wishes <br />to adopt by reference pursuant to C.A.R. 28(i), each of their arguments on appeal. <br />Yet, because of the sheer volume of the record in this matter, this recitation of facts <br />will be limited to those facts directly related to the City's issues on appeal. <br />At this point, it is uncontested that the City has standing to object to the <br />Application as an "aggrieved" party as that term is defined under the APA, the <br />Reclamation Act, specifically C.R.S. § 34-32.5-103(1.5), and C.M.R. 1.1(4) for <br />several reasons: water rights in North Clear Creek; financial investment in the <br />Black Hawk-Central City Sanitation District Wastewater Treatment Plant; <br />municipal reliance on the safe and continued operation of the Treatment Plant; and <br />5 <br />
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