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DEC-08-08 12:22Pi1 FROM-Nayes Phllllas, Hoffmann i Carberry, PC +3038251269 <br />T-91i P.002/003 F-331 <br />I~~~ <br />DISTRICT COURT, CITY AND COUNTY OF <br />DENVER, COLORADO <br />Court Address: 1437 Bannock Sfreet <br />Denver, Goforado 80202 <br /> CDURT USE ONLY p <br /> * <br />CITY OF BLACK HAWK, COLORADO, A <br />COLORADO HOME RULE MUNICIPALITY, et al., Case Number: 06 CV 2234 <br />Plaintiffs, <br />Ctrm: 22 <br />Vs. <br />I Ol=-COLORAIIO MINED LANED -'~ - - <br />RECLAMATION BOARD, et al <br />Defendants, <br />Vs. <br />BLACK HAWK-CENTRAL CITY SANITATION <br />DEPARTMENT <br />DefendantlCross Claimant <br />STATE OF COLORADO MINED LAND <br />RECLAMATION BOARD, <br />Cross Claim Defendants. <br />AMENDED ORDER <br />TIC Mined. Land Reclamation Board's issuance of a reclamation permit in file <br />M-2004-067 issued February 1, 2006 is AFFIRMED. <br />The decision of the Board is challenged by various patties for various reasons. <br />Several issues aze raised regarding whether the application identified the previously <br />obtained permits from local governmental enfities and from the Army Corps of <br />Engineers. Rule 6.4.13 only requires a statement that prior to operatien, the applicant <br />will obtain all necessary payments. Additionally, the requirements prohibit operation if <br />there is no scenario in which it can be conducted legally. <br />Several instances are alleged that the Boazd eyed factually (the harm of vibration <br />levels, the adequacy ofthe re-vegetation plan, setting the bond level for re-vegetation, the <br />impact on waters of the U. S.) <br />EXHIBIT <br />s <br />