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Mr. Tom Schreiner September 12, 2005 Page 2 "Mining in any form, including gravel pits and rock crushing, shall be permitted only upon approval by the 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 harmony with the chazacteristics of the surrounding neighborhood to otherwise promote the public health, safety and welfaze of Gilpin County residents." Gilpin County Zoning regulations, Section 1.713, define "amine" to include sand, gravel and rock." The regulations address in detail the offsite impacts of operations such as here proposed (see Exhibit A attached). 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 special use review approval has been applied for and obtained. Over the course of the year this matter has been pending, Applicant met once with the County Director of Community Development, but has not submitted a special 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(5)(d). Until such time as the Applicant has applied for Gilpin County Special Use approval, the application in this matter cannot be considered complete as required under Rule 1.4.s(2)roxII). There arc a number of other County permits 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. HiQhwav 119 Access Permit. The County of Gilpin is the issuing agency for pennits allowing access to Colorado State Highway 119, under C.R.S. 43-2-147(5). Applicant submitted an access permit application for the access point described in the amended 112 Application presently under consideration. This point is also described in the Notice of 112 Construction Materials Reclamation Pennit Application consideration received by the parties on or about April 22, 2005. The point identified is "approximately 700 feet south and east of the access initially proposed". As indicated, this point of access has been denied by the County of Gilpin, (based on 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 identified in the notices to the County and other parties, is now incorrect. The "new" access point will bring the Black Hawk/Central City Sanitation District Water