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Permit <br />From :, <br />y <br />Doc. ~~ <br />Na ~~tt yam' ~ <br />Doc, Da (if no date <br /> <br />RECEIVED <br />NOV 1 7 2005 <br />Bivisian of Mrnerels and Geology <br />BEFORE THE MINED LAND RECLAMATION BOARD, <br />COLORADO DIVISION OF MINERALS AND GEOLOGY, <br />DEPARTMENT OF NATURAL RESOURCES <br />Board Address: 1313 Sherman Street, Room 318 <br />Denver, Colorado 80203 <br />Applicants: Clear Creek District Water Providers, LLC <br />Objector: City of Black Hawk, Colorado <br />Attorney: Corey Y. Hoffmann, No. 24920 Permit Application No.: <br />Hilary Mogue Graham. No. 33991 M-2004-067 <br />Firm: Hayes, Phillips, Hoffmann & Carberry, P.C. <br />Address: 1350 17'h Street, Suite 450 <br />Denver, CO 80202 <br />Phone No.: (303) 825-6444 <br />Fax No.: (303) 825-1269 <br />Email: cyhoffmaim(a~hphclaw.com <br />hm Eraham(u)hphclaw.com <br />CITY OF BLACK HAWK'S MOTION FOR DETERMINATION OF STANDING <br />The City of Black Hawk ("Black Hawk" or the "City') hereby moves the Mined Land <br />Reclamation Board, Colorado Division of Minerals and Geology, for a determination that Black <br />Hawk has standing to be a party and to file written objections to the MMRR Quarry application, File <br />No. M-2004-067. In support of this motion, Black Hawk states as follows: <br />On October 24, 2005, the Applicant filed the "MMRRQuarry, M-2004-067, Response to 4`s <br />Adequacy Review" with the Division; including an October 24, 2005 letter from Christopher G. <br />Hayes of Bjork, Lindley; Little P.C. Mr. Hayes' letter asserts that "Black Hawk has no legitimate <br />interest in this permitting action that is protected by C.R.S. § 34-32.5-101 et seq. "and that Black <br />Hawk therefore "has no standing to file objections in this matter." <br />Under the Colorado Mined Land Reclamation Board for the Extraction of Construction <br />Materials (the "Rules"), Rule 1.7.1: "Atry person has the right to submit written statements <br />supporting or objecting to any application far a permit or for an amendment, or revision of a <br />previously granted permit. For a person to become a party, the person must meet the definition of a <br />party as provided in these regulations. Any party may petition for a hearing on any application for a <br />permit, or for an amendment or technical revision to a previously granted permit." [Emphasis added.] <br />Rule 1.1(37) defines "Person" as "any individual, firm, partnership, joint venture, association, <br />limited liability company, or corporation or other entity, or any department, division, or agency of <br />