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Rationale for Recommendation of Approval, Over Objections <br />Regular 112 Construction Materials Application <br />MMRR Quarry, File No. M-2004-067 <br />Clear Creek District Water Providers, LLC <br />Introduction <br />Cleaz Creek District Water Providers, LLC submitted a complete application for a Regulaz 112 Operation <br />known as the "MMRR Quany" on November 9, 2004. Due to objections received during the public <br />comment period apre-Hearing Conference was held on November 21, 2005.On November 15, 2005 the <br />Division issued a recommendation of approval, over objections. The MMRR Quarry is located 5 miles <br />easdsoutheast of Black Hawk at an approximate elevation of 7500 ft. The permit azea is located in <br />Section 6, T3S, R72W, 6m P.M. A total of 526.70 acres will be pemritted. The site will be mined using <br />conventional quarry techniques, including drilling and blasting. There will be a maximum of 39.28 acres of <br />affected land including approximately 17.6 acres of quarry production. The maximum depth of excavation <br />is expected to be 425' below ground surface and will extend 250 - 290' into groundwater. The <br />groundwater aquifer is chazacterized as a fractured, bedrock aquifer varying from 60 - 100' below ground <br />surface. The operator will obtain necessary approval from the Otlice of the State Engineer prior to piercing <br />the groundwater surface. Sediment and erosion control measures consist of collection chaanels and <br />sedimentation ponds as well as rock check dams and silt fences. The applicant has proposed a blasting <br />control and mitigation plan that assures blasting practices as the quany will not result in adverse ofl'site <br />impacts or stmctural damage to permanent man-made stmctures within 200 feet of the quarry entrance <br />(SOS -Allen). Water quality concerns will be covered by an NPDES Pemut w/ a series of sediment ponds <br />prior to offsite dischazge toward North Cleaz Creek. Applicant has proposed a monitoring & mitigation <br />plan for radiation control via concerns expressed over uranium mineralization during blasting. The MMRR <br />Quany will be reclaimed to wildlife habitat. Highwalls will be reclaimed to a highwall-benching <br />configuration with bench widths of 24'. Highwalls will be reclaimed to a series of slopes ranging from <br />I.SV:1H to 2.OV:1H and up to 469' in height. Disturbed azeas, with the exception ofhighwalls, will be <br />covered with available soil material and re-vegetated with grasses and tree and shmb transplants. The <br />Division has calculated a total cost of $903,800 for reclamation of 39. 28 acres of affected land. <br />L OBJECTIONS: <br />The following individuals submitted objections during the public comment periods.* <br />Objector Date Received Renresentine <br />(A) Tony Peterson 12/14/04 Gilpin County -Community Development Dept. <br />(B) I.L. & L.M. Turner 12/15/04, 05!24/05 Citizenlneighbor <br />(C) Michael W Crouse 12/16/04 Douglas Mountain Resident's Association <br />(D) Jock A Waldo 12/20/04 Behavioral Interventions <br />(E) Estella B Leopold 12/21/04 Citizen/neighbor/University of Washington <br />(F) T Alan Roberts 12/30/04 The Gilpin Hotel & Casino <br />(G) Michael Frawley 12/30/04 The Lodge Casino <br />(H) City of Black Hawk 12/30/04, 05/25/05 City of Black Hawk (represented by HPH&C) <br />(I) Todd Steffen 12/30/04, 05/25/OS Isle of Capri Casino <br />(J) David Aker 12/30/04, 05/25/05 Colorado Central Station Casino <br />(K) Edward Smith 12/30/04 Silver Dollar Metropolitan District <br />(L) Medill McC Barnes 12/30/04 Black Hawk Gaming Association <br />(M) James J Petrock 05/23/05, 05/27/05 Gilpin County Board of Commissioners (P&F) <br />(N) Dan R Formes 05/19/05 Golden Casino Group <br />(O) Pete Savage 05/26/05, 05/27/05 Riviera Black Hawk Casino <br />(P) Thomas P Burke 05/25/05 Bullwhackers Casino <br />