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`=91 ^. <br />- ~r <br />~~s~ cd~~ <br />d^ ~: <br />s~~e ~ ~~~ <br />~M - ~a~y- o~~ <br />,, <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: O6 CV 2234 <br />Plaintiffs, <br /> Ctrm: 22 <br />Vs. <br />STATE OF COLORADO MINED LANED y - <br />RECLAMATION BOARD, et al <br />Defendants, <br />Vs. <br />BLACK HAWK-CENTRAL CITY SANITATION <br />DEPARTMENT <br />Defendant/Cross Claimant <br /> ~ ` <br />~ <br />STATE OF COLORADO MINED LAND % <br />`/' <br />RECLAMATION BOARD, ~/i'!:.r ~ ~, ~t;,~ ~ <br />Cross Claim Defendants. ,,' N ow~s~,~.~r ,~ r:~ -.:on, <br />G ti7in.ny ~~ic oa~cay <br />AMENDED ORDER <br />// THE 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 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 />