PERMFILE124855

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 11/21/2005
• Doc Name: Master List: Exhibits 1-209 Exhibits 15-19
• From: City of Black Hawk
• To: DMG
• Media Type: D
• Archive: No

Memorandum to Corey Hoffmann
November 14, 2005
Page 13
8. Proaosed condition: After the pre-blast survey is accepted in writing by the Division,
the Applicant shall obtain and provide notarized agreements between the Applicant and 1)
the Black-Hawk Central City Sanitation District and 2) the Silver Dollar Metropolitan
District agreeing to provide compensation for any damage to the continuous, safe, and
compliant operations of the respective districts facilities. The term "damage" in said
agreements shall be defined to explicitly include structural damage to buildings,
foundations, HVAC and odor control systems, mechanical equipment (e.g., pumps, pipes,
valves), wastewater treatment process equipment (e.g., aeration basins, clarifiers, filters,
bin-solids handling, and disinfection), process monitoring equipment (sensors, cables,
RTUs, and associated supervisory control and data acquisition (SCADA) equipment), and
highway lighting and related power transmission and control systems. "Damage" shall also
be defined to include reimbursement for operational interruptions due to non-structural
impacts to the wastewater treatment plant and highway lighting including but not limited
to monitoring and control instrument failure due to sensor malfunction, loss of calibration,
and/or power interruption. "Damage" shall also be defined to include reimbursement for
any floes the District is required to pay in association with violations of Colorado Discharge
Permit No. CO-0046761 issued to the Black Hawk-Central City Sanitation District by the
Colorado Department of Public Health and Environment that are associated with
conditions caused in whole or part by operations at the proposed MMRR Quarry.
"Damage" shall also be defined to include any compensatory damages sought and obtained
by downstream users of waters emanating from North Clear Creek as a result of effluent
excursions at the Black Hawk-Central City Sanitation District Wastewater Treatment
Plant caused in whole or part by operations at the proposed MMRR Quarry. "Damage"
shall also be defined to include reimbursement to the City of Black Hawk for costs incurred
in providing emergency response services for events attributable to the proposed quarry's
blasting operations, including, but non limited to, traffic accidents during highway lighting
disruptions and hazardous material situations at the Black Hawk-Central City Sanitation
District Wastewater Treatment Plant.
Board Jurisdiction: Rule 6.4.19 (Exhibit S -Permanent Man-Made Structures) contains
the option where "the mining operation will adversely affect the stability of any
significant, valuable, and permanent man-made structure located within 200 feet of the
affected land" an option to "provide a notarized agreement between the applicant and the
person(s) having interest in the structure, that the applicant is to provide compensation for
any damage to the structure."
Sunoorting_Tnformation: Both the Black Hawk-Central City Sanitation District and the
Silver Dollar Metropolitan District have demonstrated that receptors within 200 feet of
affected land, including the wastewater treatment plant and highway lighting fixtures, are
not residential structures, but represent far more sensitive receptors. They have further
demonstrated that adverse impacts to those operations may not involve typical structural
damage per se. (See Exhibit 17.) Therefore, damages should not be limited to the
physical structure of the wastewater plant and highway lighting but should extend to [he
operational components that assure safe, continuous, and compliant operations.
LEONARD RICE ENGINEERS. INC.
2000 Cut STREET, SUITE 300, DENVER, COLORADO 8021 1-51 1 9 • PHONE [phone] • FAX [phone]