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approval of all appropriate permits required by federal, state and local law prior to <br />engaging in quarry activities. Regarding archaeological and paleontological studies, the <br />proposed project is not a federal project and involves no federal undertaking. There is no <br />indication that Section I06 ofthe National Historic Preservation Act is applicable to this <br />proposed operation. However, the Applicamt has conducted a database search for known <br />historic resources in the area and none were found. The Applicant has committed to <br />notifying the State Historic Preservation Officer if artifacts of importance are found on <br />the site. Rule 6.4.7(5) requires an Applicant to affirmatively state that the Applicant has <br />applied for a Discharge Permit from the Water Quality Control Division ofthe Colorado <br />Department of Public Health, if necessary. The Division's attorney noted during <br />testimony that the Applicant has applied for a Discharge Permit in satisfaction of Rule <br />6.4.7(5). 1n addition, the Applicant stated in its "Response to City of Black Hawk's <br />Motion for Conditions" that it had applied for the Discharge Permit. <br />42. The weight of the evidence demonstrates that [he Applicant has met the minimum <br />requirements of Rule b.4.13 -Exhibit M. <br />ORDER <br />Based on the foregoing facts and conclusions of law, the Board hereby approves the <br />application of Cleaz Creek District Water Providers, LLC for a Section 112 Reclamation Permit, <br />subject to the following conditions: <br />1. Prior to initiation of any blasting, earthmoving, or excavating activities at the <br />MMRR Quarry, the Operator will submit a technical revision, for Division review <br />and approval, containing a groundwater monitoring plan that meets all <br />requirements of Rule 3.1.7. A copy of the technical revision application will he <br />MMRR Board Order, M-2004-067 1 A <br />2688 <br />