PERMFILE104470

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 9/21/2006
• Doc Name: Potential for Blasting Vibrations to damage Black Hawk Central City sewage treatment plant
• From: DRMS
• To: AGO
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
DATE:
TO:
September 21, 2006 >/
Tyson Powell, Attorney Generals Office ~/
FROM: Allen Sorenson ~~
COLORADO
DIVISION O F
RECLAMATION
MINING
- St-
SAFETY
Bilf Owens
Governor
Russell George
Executive Din±ctor
Ronald W. Canany
Division Director
Natural Resource Trustee
RE: (Potential for Blasting Vibrations to Damage to Black Hawk -Central City Sanitation '/
l..lJistrict's Sewage Treatment Facility~Clear Creek District Water Providers, L.L.C.,
MMRR Quarry, File No. M-2004-06777
The Division of Reclamation, Mining, and, Safety (DBMS) engineering staff has reviewed the following
documents:
City of Black Hawk's Opening Brief, District Court, City and County of Denver, Colorado, City of
Black Hawk, Colorado, a Colorado home rule municipality, et al. v. State of Colorado Mined Land
Reclamation Board, et al., Case No. 06CV2234, Division 22.
Black Hawk -Central City Sanitation District's Opening Brief, District Court, City and County of
Denver, Colorado, City of Black Hawk, Colorado, a Colorado home rule municipality, et al. v.
State of Colorado Mined Land Reclamation Boazd, et al., Case No. 06CV2234.
In the later document it is stated that:
The [Mined Land Reclamation Board's] approval of the Application is based in part on this
vibration analysis of general applicability. The [Mined Land Reclamation Boazd] recognizes this
fact when it states in Paragraph 12 of its Order that the "Division [DBMS] concludes that there is
no possibility, absent anon-compliant event, that vibration levels will exceed commonly
acceptable levels." Record, p. 2764. There are two problems with the "commonly acceptable
levels" analysis.
First, § 34-32.5-115(1)(e), C.R.S. requires "an appropriate engineering evaluation that
demonstrates that such structures shall not be damaged...." The term "such structures" refers to
those structures that aze specifically identified within 200 feet of affected land. Accordingly, arl
appropriate analysis of the impact on the [Sanitation] District's structures required an analysis of
the [Sanitation] District's specific type of structures.
The [Sanitation] District's structures aze not ordinary structures. Rather, they consist of sensitive
equipment and lazge concrete tanks containing huge volumes of contaminated liquids.
The [Mined Land Reclamation Boazd's] reliance on a report that is not specific to these
[Sanitation] District Structures is in error.
Office of t~ce of
Mined Land Reclamation Active and Inactive Mines