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<br />Gx>l1~SxaW & HARKING <br />A PROFESSIONAL CORPORATION <br />ATPORNEYB AT LAW <br />SUITE 3900 <br />WELLS FARGO CENTER <br />1700 LINCOLN 6TREET <br />DENVER, COLORADO 80203-4538 <br />TELEPHONE (303) 838-9800 <br />TELECOPIER (909) 838-3&98 <br />wwwoxwsxpwupnwrtcr.coet <br />Norman F. Kron <br />303-839-3704 <br />November 3, 2005 <br />Tom Schreiner <br />Reclamation Hydrologist <br />Colorado Division of Minerals and Geology <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />VIA PRIVATE COURIER <br />M ./ <br />Re: Objection to Reclamation Permit Application # 2004-067 <br />Dear Mr. Schreiner: <br />~J4 0 3 Y005 <br />~O 4i~~ision of Lii,._:.,a C: u~ologV <br />The office represents the Silver Dollar Metropolitan District (the "District") as general <br />counsel In that capacity, on behalf of the District, I hereby formally object to the above-referenced <br />permit application based on the District's ownership, operation, and maintenance of highway light <br />poles, wiring, and appurtenances located within 200 feet ofthe affected land ofthe proposed MMRR <br />Quarry. <br />As you know, Clear Creek Water Providers, LLC filed Application Number M-2004-067 <br />with the Colorado Division of Minerals and Geology (DMG) to permit and construct an aggregate <br />rock quarry on State Highway 119 east of the City of Black Hawk. The proposed quarry is within <br />distances of concern to a number of potentially impacted receptors including the highway lighting <br />owned, operated, and maintained by the District. <br />A preliminary Geotechnical Engineering Services Report for the proposed MMRR Quarry <br />was submitted to DMG on August 19, 2005. DMG reviewed that submittal and outlined a number <br />of compliance options to assure that quarry operations will not damage offsite manmade structures. <br />An October 24, 2005, response by the applicant commits to certain Best Management Practices <br />(BMPs) to preclude adverse impacts to offsite receptors. The acceptable peak particle velocities <br />(PPVs) referenced by both the DMG and the applicant in determining appropriate BMPs are intended <br />to "to prevent damage as slight as the aggravation of existing minor cracks in plaster." However, the <br />highway lighting owned, operated, and maintained by the District represents a sensitive receptor <br />whose operation may not be protected by the PPV limits and associated BMPs. <br />~; ~m <br />iif MERITAS <br />uw n~rs woumnue <br />rickkron@grimshawharring. com <br />www. gtimshawharring. com <br />