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MMRR Quarty, M-2004-067 Exhibit C-3 (BHCCSD Facilities) October 31, 2005 Page 2 commentator, including the BHCCSD, has alleged that treatment plant facilities are within 200 feet of the affected land. This submittal is intended to clarify the Division's records regarding the relative locations of the existing access gate, the proposed access drive, and BHCCSD- owned structures. In its report regarding the October 13 site inspection, the Division noted that, "Visible permanent man-made structures that appear to be within 200 feet of the proposed quarry entrance include... an Office Building and storage pond south of State Highway 119, owned by the Black Hawk/Central City Water Sanitation District." At the time of the October 13 site inspection, we presented a conservative estimate of the location of the affected area nearest to BHCCSD property, estimating, as noted by the Division, the proposed entrance at a point west of the existing access gate. However, as shown on the enclosed Exhibit C-3, the nearest corner of the proposed affected area is, in fact, over 60 feet to the east of the existing access drive. Because the permanent man-made structures on BHCCSD property are over 200 feet from the proposed affected area, these facilities are not part of the adequacy review for the purposes of Rules 6.4.3 or 6.4.19. The Applicant has nonetheless confirmed with its consulting engineer that no damage will occur to the office building or detention/storage basin referenced in the DMG inspection report as a result of proposed mining operations (see attached letter from Lyman Henn, Inc.). Please contact me if there are any questions regarding this letter or any aspect of the M-2004-067 application. Sincerely yours, BANKS AND GESSO, LLC Alex Schatz cc: file Robert Lembke, Clear Creek District Water Providers Chris Hayes, Bjork Lindley Little PC encl: Supplementary Exhibit C-3 Lyman Henn, Inc, letter, dated 31 Oct. 2005