2017-06-21_REVISION - M1990041

• Permit No: M1990041
• IBM Index Class Name: REVISION
• Doc Date: 6/21/2017
• Doc Name: Decision Date Extension Request
• From: Black Fox Mining LLC
• To: DRMS
• Email Name: MAC
• Email Name: WHE
• Media Type: D
• Archive: No

Exhibit L
[e-mail]
From: Vince Harris <[e-mail]>
Sent: Thursday, May 11, 2017 9:36 AM
To: 'mcollins@blackfoxmining_com'
Cc: 'Cynthia Linker'; Ethan Watel; 'Janice Beecher'; [e-mail]; 'Sara Lang';Vince
Hooper;Julie Esterl
Subject: RE: Bates-Hunter Mine, Golden Gilpin Mill
Good morning Matt. I'll do my best to answer questions below and I'll add my text/answer in red.
Thanks. Looking forward to meeting you in person one day soon.
Best regards,
VINCENT HARRIS. AICP I Planning Director ! Baseline Enaineerina. Planning. & Surveyina I Corporate
Headquarters: 1950 Ford Street I Golden, CO 80401 1 Phone:[phone] x217 Fax:[phone] Cell:303.912.1900
1 www.baselinecori).com
From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, May 10, 2017 4:04 PM
To: Julie Esterl; Vince Harris
Cc: 'Cynthia Linker'; Ethan Watel; 'Janice Beecher'; [e-mail]; 'Sara Lang'
Subject: RE: Bates-Hunter Mine, Golden Gilpin Mill
Hello,Julie! Thank you for this email and the effort you've put into helping us resolve this issue.
I have several questions regarding the City of Black Hawk's position regarding a Special Use Permit: Are you stating that
there is no need for or no utility in Mr. Otten applying for an SRU for the use of the site? VH—No. Any land owner has
the due process right to submit an application as long as the process accommodates the request. Certainly Mr. Often
can prepare a SRU application for the property(as well as a setback variance application) and we will process them in
the normal fashion. Once an application is submitted-staff will review the submittals and when preparing a staff report
will need to evaluate the information provided by the applicant and use the criteria in the Code to review the
application,then we need to make a recommendation to the City Council to either approve, approve with conditions, or
deny the request. The site has been a millsite since at least the 1860's and Mr. Otten wishes that it remain so. Indeed,
Mr.Otten's intent has always been (since his acquisition of the operating site in the 1980's)to utilize the site in that
manner and continue that use into its transition into a historic tourism/education phase upon final reclamation under
the DRMS permit. Our current understanding is that under current zoning and land use code, an SRU would be required
for Mr. Otten to continue the use, but it may be that due to its use throughout the past 100 years as a mill site, it would
be "grandfathered". Non-conforming uses are regulated via Section 16-367 of the Black Hawk Zoning regs. Since the
use has been discontinued for more than 6 months since the property was zoned to the environmental Character
Preservation (ECP) district, it is no longer considered 'Non-conforming'. See regs on the City website. The ECP zone
district does allow Mr. Otten to apply for a Special Use Permit per Section 16-76 since it is no longer a non-conforming
use according to the Black Hawk zoning regs. If that is incorrect and an SRU is required and we were to submit the
application, are you indicating that the City is not able to process an application and issue such an SRU permit, or that it
won't? No. We will accept an application(s) if provided and complete, and process it in accordance with the
regulations. City Council makes the decision to approve or deny the request in a public hearing.
We are very glad that the City is not opposed to the buildings remaining! We had certainly hoped and partially expected
that that would be the case as indicated in the City's long term planning documents and appreciate that we do all find
the value in preserving this last complete mill in the"City of Mills".
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