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EXHIBIT B MOTION FOR CONDITIONS CITY OF BLACK HAWK'S REQUESTED CONDITIONS 1. If the Applicant commences operations in violation of any local land use or other laws, it will be in violation of the 112 permit. In addition, the 112 permit shall not become effective until the Applicant has filed applications with Gilpin County for an SUR permit, an ISDS permit, and one or more grading permits, and the Applicant shall not initiate any quarrying activities until the listed County permits have been obtained. Further, the Applicant shall comply with all terms and conditions of the Gilpin County SUR permit, ISDS permit, and grading permits, including any amendments thereto that may occur during the life of the 112 reclamation permit. Any operations in violation of Gilpin County permits shall be a violation of the 112 reclamation permit. 2. The 112 permit shall not become effective until the Applicant has received a valid Colorado Dischazge Permit System (CDPS) permit, and the Applicant shall not initiate any quarrying activities until said permit has been granted. Further, the Applicant shall comply with all terms and conditions of the CDPS permit, including all CDPS requirements that apply to any water quality standard exceedence in either ground or surface water, and with any amendments or modifications to the CDPS permit conditions that may occur during the life of the 112 reclamation permit. 3. Prior to initiating quarrying activities, the Applicant shall obtain a gravel pit well permit or other well permit, as applicable, from the Office of the Colorado State Engineer to legally consume groundwater by and/or through evaporation, reclamation, and water removed in the mined product, and Applicant shall comply with all other conditions set forth in the September I5, 2005, Response to Reclamation Permit Application Consideration from the Office of the State Engineer (attached hereto as Exhibit A) including the following: (1) any groundwater exposed during mining operations shall not be used and/or consumed for mining operations, evaporation, reclamation, or removed in the mined product except through a previously approved Substitute Water Supply Plan or decreed augmentation plan for use of groundwater; (2) water conveyed from the property via drainage shall not be used for evaporation, reclamation or mining operations, except through an approved Substitute Water Supply Plan or decreed augmentation plan for use of the water; (3) any storm water intercepted as a result of mining operations shall be released within 72 hours, or the Applicant shall have first obtained an approved Substitute Water Supply Plan or decreed augmentation plan for use of intercepted storm water; and (4) prior to the use of any water for dust suppression and/or reclamation/revegetation purposes, the Applicant shall identify the source of the water and shall provide documentation that the water was obtained from a legal source, or that the water was diverted in priority under a water right decreed for such industrial use, and shall submit such information to the Division, with a copy to the Office of the State Engineer. 1 of4