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requires "an appropriate engineering evaluation that demonstrates that such <br />structures shall not be damaged ..." (emphasis added). The term "such structures" <br />refers to those structures that are identified on the maps within 200 feet of the <br />"affected land." <br />The MLRB's conclusion and the District Court's affirmation are based on a <br />blasting vibration analysis that does not address the Sanitation District's structures <br />as required by the statute and which does not conclude that the Sanitation District's <br />structures. <br />Finally, the MLRB's findings and ruling were internally inconsistent. The <br />MLRB did not require mapping of the Sanitation District's "significant manmade <br />structures and facilities" because they were not within two hundred feet of the <br />"affected land" as defined by the erroneous MLRB policy. Nevertheless, the <br />MLRB argued that the blast vibration study satisfied the requirements of § 34- <br />32.5-115(4)(e), C.R.S. for an engineering study of significant structures within 200 <br />feet of the "affected land." Either the Sanitation District's facilities are within 200 <br />feet of the "affected land" or they are not. The Applicant and the agency should <br />not be allowed to hedge their bets when the Sanitation District's interest in <br />protecting its wastewater treatment facility and the drinking water supply of <br />downstream users is at stake. <br />i~ <br />