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monitoring and control instrument failure due to sensor malfunction, loss of <br />calibration, and/or power interruption. "Damage" shall also be defined to include <br />-.__- __ :r_-. r..--,_reimbursement.fiir any fines the-•I3isxict-is•required ±o-pay-iP."association with: -- -~ <br />violations of Colorado Dischazge Permit No. CO-0046761 issued to the Black Hawk- <br />Central City Sanitation District by the Colorado Deparhnent of Public Health and <br />Environment that are associated with conditions caused in whole or in part by <br />operations at the proposed MMRR Quarry. "Damage" shall also be defined to <br />include any compensatory damages sought and obtained by downstream users of <br />waters emanating from North Cleaz Creek as a result of effluent excursions the Black <br />Hawk-Central City Sanitation District Wastewater Treatment Plan caused in whole or <br />in part by operations at the proposed MMRR Quany. "Damage" shall also be <br />defined to include reimbursement to the City of Black Hawk for costs incurred in <br />providing emergency response services for events attributable, in whole or in part, to <br />the proposed quarry's blasting operations, including, but not limited to, traffic <br />accidents that occur during highway lighting disruptions and hazazdous material <br />situations at the Black Hawk-Central City Sanitation District Wastewater Treatment <br />Plant. <br />Rationale; Construction Material Rule 6.4.19 (Exhibit S -Permanent Man-made Structures) <br />requires that an Applicant provide an appropriate engineering evaluation demonstrating that <br />structures within 200 feet of the affected land will not be damaged by blasting and other activities <br />when an agreement between the Applicant and property owner cannot be reached. Here, the <br />Applicant has not reached an agreement with the Silver Dollaz Metropolitan District or the Black <br />Hawk-Central City Sanitation District about the safety of structures owned by those two entities <br />within 200 feet of the affected land, and the City has emergency response responsibilities. The <br />adequacy of the blasting plan is in dispute. The proposed condition should be imposed in any 112 <br />permit approval. <br />6. Proposed condition: <br />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 <br />at the site and to ensure a diverse and long-lasting vegetative cover. Sufficient water <br />shall be made available for tree and shrub water during revegetation. All trees and <br />shrubs shall be irrigated for a period of 2 to 3 yeazs, or until self-sustaining, <br />whichever last occurs. Mountain mahogany and other shrubs shall be inoculated with <br />appropriate mycorrhize to encourage growth. Topsoil shall be placed from two to <br />eight inches deep, with an average of four inches. All azeas compacted during <br />mining shall be ripped. Applicant shall create natural contours, rather than a series of <br />benches and cliffs; shall obtain topsoil onsite from a source that is free of noxious <br />weed seed; and shall prepaze and implement a noxious weed management plan <br />during and after mining. V egetation re-establishment on the site shall be monitored <br />for a minimum of five yeazs for each phase of the project, and mining shall cease if <br />6of10 <br />