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location of the quarry entrance and the location of all permanent man-made structures <br />within 200 feet of the quarry entrance. <br />16. Party objector Black Hawk/Central City Sanitation District azgucd during the hearing that <br />acceleration and deceleration lanes to be constructed within the Highway 119 right-of- <br />way should have been considered "affected land" according to Rule 1.1(3), which would <br />therefore bring the Black Hawk/Central City Sanitation District's wastewater treatment <br />plant within the 200-foot zone of analysis. <br />17. The Division responded that it was Division policy to consider property that is within. <br />existing government rights-of--way to be outside of affected lands. The acceleration and <br />deceleration lanes are within an existing Colorado Department of TranspoRation <br />("CDOT") right-of--way and aze subject to CDOT permit requirements. The CDOT rigltt- <br />of-way is adjacent to, but not within, the permit boundaries. The Applicant presented <br />evidence that even though most of the Bieck TTawk/Central City Sanitation District <br />facilities lay outside of the 200-foot zone, its consulting engineer concluded that no <br />damage would occur to the facilities from the mining operation. The Division agreed <br />with this assessment. In addition, as described above, the Board has determined to add <br />Condition #3, which will require the Applicant to install and monitor seismographs to <br />record production and development blasting data. Condition #3 requires the cooperation <br />of the Black Hawk/Central City Sanitation District for access. If such access is denied, <br />Condition #3 will be reevaluated by the Division. <br />1 S. The weighs of the evidence demonstrates shat with Condition #3, the Applicant has met <br />the minimum requirements of Rule 6.4.19. <br />MMRR Board Order, M-2004-067 <br />2679 <br />