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there are structures within 200 feet of the affected land, and therefore the Applicant must comply <br />with the requirements of C.M.R. 6.4.19. To date the Applicant has not addressed the effects of the <br />blasting on the District's structures including its instrumentation. Furthermore, the District asserts <br />its facilities are linked together by extensive piing, conduits and operations. Therefore all of the_ _ _~ <br />District's facilities at its wastewater treatment plant will be affected by the Applicant's mining <br />operations and should be considered one structure. <br />II. RESPONSE TO OBJECTION CONCERNING EXPERT QUALIFICATIONS OF <br />MR. JOE BERNOSKY <br />The Applicant asserts that the District's expert witness, Mr. Joe Bernosky, is not an expert on <br />The matter endorsed, Mr. Bernosky is in fact an expert in relation to the effect of the vibrations on <br />the District's wastewater treatment plant. Mr. Bernosky is licensed as a professional mechanical <br />engineer in four states, including California and Colorado. As a mechanical engineer, Mr. Bemosky <br />has extensively studied and is an expert on external forces and stimulation on mechanical equipment. <br />He also has 20 yeazs of experience with water and wastewater treatment plants. His knowledge, <br />skill, experience, training and education with regard to mechanical engineering and wastewater <br />treatment plants uniquely qualifies him as an expert witness in this matter. Mr. Bernosky's resume is <br />attached hereto as Exhibit A. <br />The District respectfully requests the Mined Land Reclamation Board reject the Applicant's <br />objection and certify Mr. Bernosky as an expert witness in this matter. <br />Respectfully submitted this 8`h day of December, 2005. <br />SETER & VANDER WALL, P.C. <br />J <br />By. <br />Ki . Seter, No. 14294 <br />ATTORNEYS FOR OBJECTOR BLACK <br />HAWK/CENTRAL CITY SANITATION <br />DISTRICT <br />HHCCSD/OOCSA <br />` ~ SAUI260 <br />0365.OWSk <br />