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FROM :PETROCK FENDEL PC LVli•. 'tom Schreiner September 12, 2005 Page 2 FAX N0, :3035340310 Sep, 12 2005 02:18PM P3 "Mining in any form, including gravel pits and rack crushing, shall be permitted only upon approval by tl[e Board of County Commissioners, after review by the County Planning Commission, following public notice and hearing, and subject to such safeguards and conditions as may be imposed by the Board of County Commissioners in order for the use to be in harxrtony with the characteristics oFthe surrounding neighborhood to otherwise promote the public health, safety and welfare of Gilpin County residents." Gilpin CountyZoningregulations, Section 1.713, define "amine" to include sand, gravei and rock." The regulations address in defail the offsite impacts of operations such as here proposed (see Exhibit A ateached). Contrary to the assertion contained in the applicant's August 18, 2005 response, the proposed quarry and post mining land use are not permissible under County zoning, unless and until the County specia] use review approval has been applied far and obtained. Over the course of the year this matter has been pending, Applicantmet ones with the County Director of Community Development, but has not submitted a specia] review use application to the County of Gilpin. Special use approval is the "necessary approval of a local government" as specified in Rule 1.4.1(S)(d). Until such time as thcApplicanthas applied ForGilpin County Special Use approval, the applicatiou In this matter cannot fie considered complete as required under Rule 1.4.5(Z)(bl(T17. There aze a number of other County pemuts required before this mining operation could proceed -including grading permits for road construction and sanitation permit(s) for human waste disposal facilities. None of these permits have been applied for to date. Hiahway 119 Access Permit. The County of Gilpin is the issuing agency For permits allowing access to Colorado State Fligltway 119, under C.R.S. 43-2-147(5). Applicaat submitted un access permit application for the access point described in the amended 112 Application presentlyunder considera[ion. This point is also described in the Notice of 112 Construction Materials Reclamation Permit Application consideration received by the parties o[t or ahout April Z2, Z005. The point identified is "approximately 70U feet south and east oftite access initially proposed". As indicated, this point of ~u;cess lout been denied by the County oFGilpin, (based o[1 Colorado Department of Transportation recommendations ("CDOT")). The access point which is now under consideration has been recommended by CDOT, and which would be permitted by the County of Gilpin, is approximately 750 feet north of the access point described in the Amended Permit Application. The point of access ide[rti.ficd in the n6tices to the County and other parties, is [low incorrect. The "new" access point will bring the Black Hawk/Central City Sanitation District Water