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i • <br />September 12, 1994 <br />SUPPORT FOR APPLICATION FOR APPEAL FORM <br />IN RESPONSE TO THE DEPARTMENT'S LETTER OF AUGUST 22 <br />(GOLD HILL, 9145 SUNSHINE CANYON 12-N-72) <br />OUR POSITION IS AS FOLLOWS: <br />1. MILLING- AN ACCESSORY TO MINING- BY FEDERAL STATUE IS A <br />USE BY RIGHT. <br />2. THE PERMIT DOES NOT SPECIFY CERTAIN CLAIMS AND/OR MINE <br />DUMPS TO BE DEDICATED TO OR USED BY THE MINE. <br />3. THE 1872 MINING ACT SPECIFICALLY GRANTS EQUAL RIGHTS TO <br />MILLS AS IS GRANTED TO MINES, AND INSURES "USE BY RIGHTS" <br />UNDER FEDERAL LAW; AS STATED ABOVE. <br />4. SECTION 28-259 OF THE BOULDER COUNTY ZONING RESOLUTION <br />WAS PASSED AFTER THE MILL WAS BUILT AND IN OPERATION. <br />OTHER ISSUES MAY ARISE FROM DISCUSSION, AND WILL BE ADDRESSED <br />ACCORDINGLY. <br />COM, INC BELIEVES THAT THE COUNTY'S INTERPRETATION OF THE <br />STATUTE ON MILLING IS IN DIRECT CONFLICT WITH THE STATUTE <br />ITSELF. <br />