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Mr. Tom Schreiner May 25, 2005 Page 10 • The application is incomplete (MLRB Rules §1.4.1(3)). If the permit is approved, Black Hawk requests the following conditions in the permit: • Reclamation is required on all the affected land (MLRB Rules, §6.4.5(2)). The applicant restores the pre-mining wildlife habitat of dense shrubs (200-500+ per acre) and scattered trees as opposed to the proposed strips and patches of grassland with a few trees and shrubs (20 per acre). The revegetation plan is to provide for the greatest probability of success in plant establishment and vegetation development by considering factors such as precipitation, soil texture and fertility, slope stability, appropriate seeding practices, etc. (MLRB Rules, §3.1.10(4). The applicant plans to import topsoil, but does not describe the source location. As is stated in Ms. Carson's letter, this could be cost prohibitive, and could import noxious weeds. Methods of weed control shall be employed for all prohibited noxious weed species (MLRB Rules, §3.1.10(6)). • The financial warranty is required to be set and maintained at a level which reflects the actual current cost of fulfilling the requirements of the Reclamation Plan (MLRB Rules, §4.2.1(1)). • Additional conditions should include information provided in Ms. Carson's letter dated May 25`h, 2005. VI. GILPIN COUNTY SPECIAL USE REVIEW PERMIT Per the Application: If the property is subject to Gilpin County mining regulations, the applicant will apply for and obtain a Gilpin County Use by Special Review Permit prior to initiating mining activities (Exhibit M). On-site processing operations will include primary and secondary crushing and screening (page 4). The applicant may construct a cistern or a lined pond to store water (Exhibit G). Comment: The MLRB Rules require that "all application forms shall contain the following information: "... a statement that the Applicant has applied for all necessary approvals from local government" (MRLB Rules, § 1.4.1(5) (d)). In its comment letter dated December 2"d, 2004, Gilpin County states that it "requires mining operations to be permitted by Special Use Review (SUR) as per Gilpin County Zoning Resolution, Section 6.1.d." Section 6.1.d requires SUR permitting for "milling, mining in any form, including gravel pits and rock crushing". Not only is a SUR Permit needed for the actual mining itself; it is also required for any milling and/or rock crushing activities. Additionally, County's Zoning Resolution requires a SUR Permit for "water storage facilities including reservoirs and tanks of any size" (Gilpin CountyZoning Resolution, §6. Ll). The proposed cistem or lined pond would require approval from the County. Black Hawk requests that the permit be denied because: LEONARD RICE ENGINEERS. INC.