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FE6-61-Ofi 04:32PM FROM-RL +363 666 5385 7-6T3 P.O10/02Y F-836 <br />location of the quarry entrance and the location of all permanent man-made structures <br />within 200 feet of the quarry entrance- <br />16. Party objector Black Hawk/Central City Sanitation District argued during the hearing that <br />acceleration and deceleration lanes to be constructed within the Highway 119 right-oF- <br />way should have been considered "affected Land" according to Rule 1.1(3}, which would <br />therefore bring the Black Hawk/Central City Sanitation District's wastewater treatment <br />plant within the 200-foot zone of analysis. <br />17. The Division responded that it was Division policy to consider property that is within <br />existing government rights-of--way to be outside of affected lands. The acceleration and <br />deceleration lanes aze within an existing Colorado beparilnent of Transportation <br />("COOT") right-of--way and aze subject to COOT permit requirements. The COOT right- <br />of-way is adjacent to, but not within, the permit boundaries. The Applicant presented <br />evidence that even though most of the Black Flawk/Central City Sanitarion District <br />facilities lay outside of the 200-foot zone, its consulting engineer concluded that no <br />damage would occur to the facilities from the mining operation. The Division agreed <br />with this assessment. In addition, as described above, the Board has determined to add <br />Condition #3, which will require the Applicant to install and monitor seismographs to <br />record production and development blasting data. Condition #3 requires the cooperation <br />of the Black Hawk/Cenlral City Sanitation District for access. Tf such access is denied, <br />Condition #3 will be reevaluated by the Division. <br />1 S. The weight of the evidence demonstrates that with Condition #3, the Applicant has met <br />the minimtun requirements of Rule 6.4.19. <br />MMRR Board Otda; M-2004067 <br />