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Petroek CS Fendel, P.C. <br />!r 1 <br />u <br />AUorncys <br />Jemee J. [.Y.Iroek <br />rrcderick A. Fcndch 1- <br />r ~....r 8colt M. liuylcr <br />~~ ~ ~ G' ; .. r McWrcv 8, Poznenwic <br />MAY 2 3 2C05 ~~em a. Wait or ca,m~~i <br />• <br />May 20, 2005 cars J. crosny, oar~~~i <br />p{yiainn of P ~increl;; & GnoloQy <br />700 17th 6treel 6uite 1800 <br />Demer. Colorado 80202 <br />Mr. Tom Schreiner 30353ao7oz <br />Colorado Division of Minerals and Geology 303-5340310 Yax <br />1313 Sherman, Room 215 mmm.petrockfcndel.com <br />Denver, CO 80203 <br />Re: MMRR Quarry M-2004-067 -Amended Appticatiou - (,~ao¢,~~,~ <br />Gilpin County Response <br />Dear Mr. Schreiner: <br />The following comments are submitted by the Boazd of County Commissioners of Gilpin <br />County ("Board") with respect to the proposed amendment to the Construction Materials Regulaz <br />112 Permit application filed by Cleaz Creek District Water Providers, LLC, public notice of said <br />amended application being dated April 18, 2005. In addition to the response set forth herein, the <br />Boazd incorporates by reference its December 2, 2004 and January 4, 2005 responses to the initial <br />application in this matter. <br />1. On November 9, 2004, applicant filed its initial application to conduct surface <br />extraction of construction materials and reclamation, with the MLRB. Such application specified <br />access to the mining site from Colorado State Highway 119. <br />2. On May 14, 2003, prior to filing of the initial application on May 14, 2003, the owner <br />of the property, Mr. Phillip Wolf, had obtained an access pernrit from CDOT for the access point <br />identified in the initial application. That permit expired on May 14, 2004, without construction of <br />the described access. <br />3. Subsequent to the publication ofthe initiai permit application in this matter, pursuant <br />to CRS §43-32-135 and CRS §43-2-147, the County of Gilpin assumed full responsibility for <br />issuance of access permits to state highways within Gilpin County, including Colorado State <br />Highway 119. This action was taken by the County on January 13, 2005. (See letter attached as <br />Exhibit A.) <br />4. On January 21, 2005, Mr. Wolf was informed by CDOT that the County of Gilpin <br />would be the issuing agency for any new access permit application he might file. (See Exhibit B <br />attached). <br />• <br />