PERMFILE70783

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 12/30/2004
• Doc Name: Additional Objection Ltrs.
• From: DMG
• To: Banks and Gesso LLC
• Media Type: D
• Archive: No

HAYES, PHILLII'S, HOFFMANN & CARBERRY, P.C.
Attorneys at Law
Suite 450, The Mazket Center
1350 Seventeenth Street r.t,~,w:~
~~~-
Denver, Colorado 80202-1576
Telephone: [phone]
Facsimile: [phone] DEC 3 0 2004
E-mail: [e-mail] Oiaisian of:.:,:a:ais & GeoI6gY
John E. Hayes
Herbert C. Phillips Hilary Mogue Graham
Corey Y. Hoffmann Jefferson H. Pazker
Kendm L. Cazbeny Dani E. Eliscu
VIA PRIVATE COURIER
Tom Schreiner
December 30, 2004
Reclamation Hydrologist
Colorado Division of Minerals and Geology
1313 Sherman St., Rm. 215
Denver, CO 80203
Re: Objections to Reclamation Permit Application # 2004-067
Deaz Mr. Schreiner:
This firm represents the City of Black Hawk. On behalf of the Mayor and Board of
Aldermen, please let this correspondence serve as the City's formal and strenuous objection to
the above-referenced permit application) and as a request that the Mined Land Reclamation
Boazd (the "Boazd") deny the permit application. In addition, the City petitions the Boazd for a
public hearing on the matter, requests to be named as a party to the proceedings related to the
application, and requests to take part in the pre-hearing conference on the application.
As an initial matter, the City is "aggrieved" as that term is defined by the Colorado Land
Reclamation Act for the Extraction of Construction Materials (the "Act"), C.R.S. § 34-32.5-101,
et seq. Specifically, C.R.S. § 34-32.5-103(1.5) reads: "Aggrieved means suffering actual loss or
injury, or being exposed to potential loss or injury, to legitimate interests. Such interests include,
but aze not limited to, business, economic, aesthetic, govemmental, recreational, or
conservational interests."
The City stands to suffer actual and irrepazable business, economic, and governmental
injury should this permit be granted. The anticipated fifteen (15) trucks per hour exiting the mine
onto State Highway 119 would have a very real, negative impact on the public's ability to
patronize City businesses and City residents' ability to access the City. Accordingly, the City is
'The City is responding to the attached notice published in the weekly Register-Call, which shows the deadline for
comments to be December 30, 2004, at 4:00 p.m.
12/30/04
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