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~` ~} <br />AppeIlant Black Hawk-Central City Sanitation District (the "District"), by <br />its attorneys, Seter & Vander Wall, P.C., submits the following Notice of Appeal <br />pursuant to C.A.R. 3(f). <br />I. NATURE OF TH]E CASE <br />A. Nature of the Controversy. <br />The District seeks appellate review of the District Court's affirmation of the <br />Mined Land Reclamation Board's (the "MLRB") issuance of a reclamation permit <br />in file M-2004-067. The permit authorizes the creation of a gravel mine along <br />Highway ll9 adjacent 1;o the District's wastewater reclamation facility. The <br />MLRB's issuance of the permit was arbitrary and capricious, an abuse or clearly <br />unwarranted exercise of discretion, based upon findings of fact that are clearly <br />erroneous on the whole record, and unsupported by substantial evidence when the <br />record is considered as a whole. <br />B. Judgment Appealed From and Jurisdiction. <br />The District appea s the District Courts Final Amended Court Grder dated <br />November 20, 2006 affirming the MLRB's issuance of a reclamation permit in file <br />M-2004-67 (the "Order"l. This Court has appellate jurisdiction over the District <br />Court's review of an agency action pursuant to C.A.R. 4(a). <br />2 <br />