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6. The District has been and is adversely affected and aggrieved by the MLRB approval of the Permit for the following reasons: A. The Board permit authorizes blasting that jeopardizes the safety, reliability, and longevity of the District's new $25,000,000.00 Vl-'astewater Treatment Plant (the "Plant"), a significant, valuable and permanent manmade structure located within 200 feet of the affected land as defined by the Act and the MLRB's Rules. B. The Board decision approving the Permit authorizes blasting that jeopardizes the quality of the Plant's effluent. Effluent from the Plant satisfies water exchange agreements with municipalities only when the effluent meets certain quality standards. The District's effluent is mixed with water in North Clear Creek and becomes part of the drinking water supply of several Front Range cities. The District's ability to control the quality of the effluent and to consistently perform at the standards required by the water exchange agreements is severely threatened and adversely affected by the Board's approval of the Permit. The Act and the C.M.R. promulgated by the Board provide for the protection of quality and quantity of water resources. 7. The MLRB's approval of the Permit is arbitrary and capricious; a denial of a statutory right; in excess of statutory jurisdiction, authority, purposes, or limitations; not in accord with the procedures and procedural limitations required by law; an abuse or clearly unwarranted exercise of discretion; based upon findings of fact that are clearly erroneous on the whole record; and unsupported by substantial evidence when the record is considered as a whole. A. The MLRB enforcement and application approval is in direct conflict with the plain language of its own rules. The definition of "affected land" is land that will be disturbed as a result of a mining operation. The definition does not include off-site roads that existed prior to the application for a mining permit and that were constructed for purposes unrelated to the proposed mining operation unless the off-site road will be "substantially upgraded to support the mining operation." C.M.R. 1.1(3). B. The MLRB relied on an unwritten and undocumented "policy" to deem property that is admittedly being "substantially upgraded" but that is within existing highway right-of--way to be outside the "affected lands." See Order at paragraphs 15-17. Enforcement of C.M.R. 1.1(3) as written would cause almost all of the District's Wastewater Reclamation Facility to be included in the "affected land." The failure to properly define the scope of the "affected land" results in an incomplete application the incomplete exhibits. Furthermore, proper application of the definition would raise additional concerns that the mining operation will adversely affect the stability and the operations of significant, valuable, and permanent manmade structures within two hundred (200) feet of the affected land.