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PERMFILE114773
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PERMFILE114773
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Last modified
8/24/2016 10:10:53 PM
Creation date
11/25/2007 12:03:42 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004067
IBM Index Class Name
Permit File
Doc Date
12/8/2005
Doc Name
City of Black Hawks Response to CCDWPs Motion to Deny Party Status & Strike Objections Witnesses
From
City of Black Hawk
To
DMG
Media Type
D
Archive
No
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Further, the application process itself specifically addresses the Boazd's interest in and responsibility <br />to ensure that no harm comes to vested water rights. For example, C.M.R. 6.4.7 requires that <br />applicants submit, as part of Exhibit G to their applications, a map locating all "tributary water <br />courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on <br />adjacent lands" that may be affected by the proposed mining operation. Further C.M.R. 3.1.6 <br />expressly states that disturbances to the hydrologic balance shall be minimized both during and after <br />mining and during reclamation, and C.M.R. 3.1.7 sets forth elaborate requirements for preserving <br />ground water quality. The City has water rights in North Clear Creek immediately adjacent to the <br />site as shown by Black Hawk's Exhibit 12. <br />Quite simply, the Board has an independent duty to comply with and uphold the foregoing <br />requirement, and all other requirements, set forth in the Construction Material Rules regazdless of <br />whether an objector or a party raises concerns about such issues. Thus, even if the City had not <br />raised the issues related to water rights and water quality, and regazdless of the time at which the City <br />did raise these issues, the Boazd has an affirmative duty to investigate and confirm the potential <br />impact on water rights and to deny the application or impose the necessary conditions on the <br />application to ensure proper protection of those water rights. Nothing less is necessary in order for <br />the Boazd to uphold its own rules and regulations and in order for the Board to satisfy the <br />responsibilities imposed on it by the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, C.R.S. § 34-32.5-101, et seg. <br />II. Inadequate Compliance With the Mined Land Reclamation Statute and <br />Regulations <br />The Applicant asserts that it has provided adequate geotechnical analysis showing that <br />7 <br />
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