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5. The Applicant shall do a baseline pre-blast survey of the facilities of the Black <br />Hawk -Central City Sanitation District Wastewater Treatment Plant and of the Silver <br />Dollaz Metropolitan District located within 200 feet of the affected land. Said facilities <br />_ shall be surveyed by Applicant in each month in which blasting occurs on the site to <br />check for damage. Blasting shall'ceasz-and arevised-blasting plan shall be resubmitted to <br />the Division and to the Black Hawk -Central City Sanitation District and the Silver <br />Dollaz Metropolitan District upon the occurrence of any damage to the facilities. If a <br />revised plan is approved by the Division, blasting may be resumedant in each monthtin <br />the revised plan and the facilities shall again be surveyed by App <br />which blasting occurs. Upon the occurrence of any additional damage to the facilities, <br />blasting shall cease permanently. Prior to initiating any blasting, the Applicant shall <br />obtain and provide notarized agreements between the Applicant and 1) the Black Hawk- <br />Central City Sanitation District and 2) the Silver Dollaz Metropolitan District and 3) the <br />City of Black Hawk in which the Applicant agrees to provide full compensation for any <br />damage caused by blasting to the continuous, safe, and compliant operations of the <br />respective entity's operations. The term "damage" in said agreements shall be defined to <br />explicitly include structural damage to buildings; io a dav1alvesHVwastewaterd treatment <br />systems; mechanical equipment (e.g., pump ~ P P <br />process equipment (e.g., aeration basins, clazifiers, filters, bio-solids handling, and <br />disinfection); process monitoring equipment (sensors, cables, RTUs, and ghsocgiated <br />supervisory control and data acquisition (SCADA) equipment); and highwa li ttn and <br />related power transmission and control systems. "Damage" shall also be defined to <br />include reimbursement for operational interruptions due to non-structural impacts to the <br />wastewater treatment plant and highway lighting including, but not limited to, monitoring <br />and control instrument failure due to sensor malfunction, loss of calibration, and/or power <br />interruption. "Damage" shall also be defined to include reimbursement for any fines the <br />District is required to pay in association with violations of Colorado Discharge Permit <br />No. CO-0046761 issued to the Black Hawk-Central City Sanitation District by the <br />Colorado Department of Public Health and Environment that aze associated with <br />conditions caused in whole or in part by operations at the proposed MMRR Quarry. <br />"Damage" shall also be defined to include any compensatory damages sought and <br />obtained by downstream users of waters emanating from North Clear Creek as a result of <br />effluent excursions the Black Hawk-Central City Sanitation District Wastewater <br />Treatment Plan caused in whole or in part by operations at the proposed MMRR Quarry <br />"Damage" shall also be defined to include reimbursement to the City of Black Hawk for <br />costs incurred in providing emergency response services for events attributable, in whole <br />or in part, to the proposed quarry's blasting operations, including, but not limited to, <br />traffic accidents that occur during highway lighting disruptions and hazardous material <br />situations at the Black Hawk-Central City Sanitation District Wastewater Treatment <br />Plant. <br />6. The Applicant shall replace trees and shrubs impacted by mining operations at a <br />minimum 1:1 ratio with native species to emulate or improve on the wildlife habitat at the <br />site and to ensure a diverse and long-lasting vegetative cover. Sufficient water shall be <br />made available for tree and shrub water during revegetation. All trees and shrubs shall be <br />irrigated for a period of 2 to 3 yeazs, or until self-sustaining, whichever last occurs. <br />3 of 4 <br />