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DEC-D8-O6 <br />12:22Pt1 Fk01d-Hayes Phillips, Hoffmann 8 Carberry, PC +3038251268 <br />T-817 P.802/0/0~3~/F-y~3~~3.~1~~~ <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 p <br /> * <br />A <br />CITY OF SLACK HAWK <br />COLORADO <br />, <br />, <br />COLORADO HOME RULE MUNICIPALITY, et al., Case Number: 06 CV 2234 <br />Plaintiffs, <br /> Ctrm: 22 <br />Vs. <br />~ OF-COLORADO MINED LANED - - <br />RECLAMATION BOARD, et al <br />Defendants, <br />Vs. <br />BLACK HAWK-CENTRAL CITY SANITATION <br />DEPARTMENT <br />Defendant/Cross Claimant <br />STATE OF COLORADO MINED LAND <br />RECLAMATION BOARD, <br />Cross Claim Defendants. <br />AMENDED ORDER <br />THE Mined Land Reclamation Board's issuance of a reclamation permit in file <br />M-2004-067 issued February 1, ?006 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 pzeviously <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 />tivill obtain all necessary payments. Additionally, the requirements prohibit operation if <br />there is na scenario in which it can be conducted legally. <br />Several instances are alleged that the Boazd erred factually (the harm of vibration <br />levels, the adequacy ofthe re-vegetation plari, setting the bond level for re-vegetation, the <br />impact on waters of the U.S.) <br />