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EXHIBIT 18 <br />MEMORANDUM <br />TO: Corey Hoffmann, Esq. <br />FROM: Katie Fendel. P.E. <br />DATE: November 14, 2005 <br />RE: MMRR Quarry Application (M-2004-067) <br />This memorandum summarizes our review of the above application and its compliance with <br />applicable statutory and regulatory requirements. According to my review, the Mined Land <br />Reclamation Board (the "Boazd" or the "MLRB") must deny the application as incomplete and <br />insufficient. <br />According to the MLRB's own rules, the Applicant's application must address all applicable <br />requirements of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. § 34-32.5-101 et seq. (the "Act"), and the Mineral Rules and Regulations of the <br />Mined Land Reclamation Board for the Extraction of Construction Materials (the "Rules" or <br />"C.M.R "). The Applicant has the burden of proving that the application submitted to the <br />Division of Minerals and Geology (the "Division") meets the minimum requirements of the Act <br />and all applicable Rules and Regulations, and the Applicant has failed to do so. Please see <br />C.R.S. § 34-32.5-115 for a complete list of grounds for denial of a permit application by the <br />MLRB. <br />In the event that the application is not denied, any approval of the application must include <br />appropriate conditions in order to ensure compliance with the relevant statutory and regulatiory <br />requirements that, thus far, have gone unmet. <br />The Division of Minerals and Geology Citizen Participations Guide for the l 12 Reclamation <br />Permi[ Process (revised August 2, 2004) requests that parties, when possible, provide possible <br />solutions or suggestions as to how the permit may be conditioned to solve or mitigate any <br />concerns that are within [he Board's jurisdiction. Therefore, this memorandum sets forth a list of <br />conditions that may help mitigate the City of Black Hawk's concerns and should be imposed on <br />the Applicant in the event the application is not denied. Below each proposed condition you will <br />also find supporting justification for each condition based on specific statutory and regulatory <br />requirements. <br />1. Proposed condition: The Applicant shall file an application with Gilpin County for a <br />Special Use Review (SUR) permit and other permit applications/approval requests <br />determined necessary by the County. The 112 permit shall not become effective until the <br />Applicant has received a valid Gilpin County SUR permit and other necessary Gilpin <br />County permits and approvals. The Applicant shall comply with all terms and conditions <br />of the Gilpin County SUR and other necessary County permits and approvals, including <br />any amendments that may occur during the life of the 112 reclamation permit. <br />LEONARD RICE ENGINEERS. INC. <br />2000 CLAV SraeEr. SuirE 300. DENVER, COLORADO 802 7 1-51 1 9 • PHONE (303) 45~r95B9 • Fqx (303) 455-01 1 5 <br />