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Tom Schreiner <br />September 12, 2005 <br />Page 3 <br />Treatment Complex within the 200 foot impacted property radius. This change to the application to <br />reflect to reflect the current proposed point of access, will be so substantial that it will contradict the <br />terms contained in the original notices mailed to owners of affected and adjacent lands (Rule 1.6.6). <br />The "new" point of access also implicates property of the Black Hawk/Central City Sanitation <br />District (BHCCSD) wastewater treatment plant, which was not the case when the Amended Permit <br />Application was published. Under Rule 1.6.6 Applicant must submit an amended application <br />identifying the "new" access point, with full notice and publication. <br />The County requests that the_permit application be denied by reason of applicant's failure to <br />apply for necessary local government approval. Further, in the event the Applicant fails to file a <br />(second) Amended Permit Application to reflect the true access point now being sought for the <br />mining operation, the Application should be denied, <br />Thank you for your consideration of these requests. <br />Very truly yours, <br />& FENDEL, P.C. <br />Attorney <br />JJP/rm <br />co; Jeannie Nicholson- Chairman, Boazd of County Commissioners <br />Roger Baker, Gilpin County Manager <br />Tony Peterson, Director Community Development <br />