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<br />DISTRICT COURT, CITY AND COUNTY OF <br />DENVER, COLORADO <br />Court Address:1437 Bannock Street <br />Denver, Colorado 80202 <br /> COURT USE ONLY <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 />STATE OF COLORADO MINED LANED <br />RECLAMATION BOARD, et al <br />Defendants, . ~~;• ~ ;: <br />Vs. <br />-. <br />BLACK HAWK-CENTRAL CITY'SANI~ATION <br />DEPARTMENT. ... __._ ..._._.-....~_.--------._--.. <br />Defendant/CrossClaimant ""'~' <br /> <br />STATE OF COLORADO MINED LAND. <br />RECLAMATION BOARD, <br />Cross Claim Defendants. <br /> <br />ORDER <br />THE Mined Land Reclamation Board's issuance of a reclamation permit in file <br />M-2004-62 issued February 1, 2000 is AFFIRNI~D. <br />'The decision of the Board is challenged by various parties for various reasons. <br />Several issues are raised regarding `whether the application identified the previously <br />obtained permits from local governmental entities and from the Army Corps of <br />Engineers. Rule 6.4.13 only requires a statement that prior to operation, 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 Board erred 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 /> <br />.-,_y <br />C <br />