PERMFILE123411

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 11/21/2005
• Doc Name: Exhibit 18
• From: Clear Creek District Water Providers LLC
• To: DMG
• Media Type: D
• Archive: No

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From:
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EXHIBIT 18 Doc. [
MEMORANDUM
TO: Corey Hoffmann, Esq.
FROM: Katie Fendel. P.E.
DATE: November 14, 2005
RE: MMRR Quarry Application (M-2004-067)
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This memorandum summarizes our review of the above application and its compliance with
applicable statutory and regulatory requirements. According to my review, the Mined Land
Reclamation Board (the "Board" or the "NLRB") must deny the application as incomplete and
insufficient.
According to the NLRB's own rules, the Applicant's application must address all applicable
requirements of the Colorado Land Reclamation Act for the Extraction of Construction
Materials, C.R.S. § 34-32.5-101 et seq. (the "Act"), and the Minera] Rues and Regu]ations of the
Mined Land Reclamation Board for the Extraction of Construction Materials (the "Rules" or
"C.M.R."). The Applicant"has the burden of proving that the application submitted to the
Division of Minerals and Geology (the "Division") meets the minimum requirements of the Act
and all applicable Rules and Regulations, and the Applicant has failed to do so, Please see
C.R.S. § 34-32.5-115 for a complete list of grounds for denial of a permit application by the
NLRB.
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In the event that the application is not denied, any approval of the application must include
appropriate conditions in order to ensure compliance with the relevant statutory and regulatiory
requirements that, thus far, have gone unmet.
The Division of Minerals and Geology Citizen Participations Guide for the 112 Reclamation
Permit Process (revised August 2, 2004) requests that parties, when possible, provide possible
solutions or suggestions as to how the permit may be conditioned to solve or mitigate any
concerns that are within the Board's jurisdiction. Therefore, this memorandum sets forth a list of
conditions that may help mitigate the City of Black Hawk's concerns and should be imposed on
the Applicant in the event the application is not denied. Below each proposed condition you will
also find supporting justification for each condition based on specific statutory and regulatory
requirements.
1. Proposed condition: The Applicant shall file an application with Gilpin County for a
Special Use Review (SUR) permit and other permit applications/approval requests
determined necessary by the County. The 112 permit shall not become effective until the
Applicant has received a valid Gilpin County SUR permit and other necessary Gilpin
County permits and approvals. The Applicant shall comply with all terms and conditions
of the Gilpin County SUR and other necessary County permits and approvals, including
any amendments that may occur during the life of the 112 reclamation permit.
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LEONARD RICE ENGINEERS. INC.
2000 CLAY STREET, SUITE 300. DENVER, COLORADO 8021 1-51 1 9 • PHONE [phone] • FAx [phone]