PERMFILE47333

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 11/21/2005
• Doc Name: Exhibit 206
• From: City of Black Hawk
• To: DMG
• Media Type: D
• Archive: No

MMRR t]uarry, M-2004-067
Response to Sept. 20, 2005 Adequacy Review
October 24, 2005
Page 11
as other area property owners). Observing Rules 1.4.5(3) and 1.6.2(1)(8), the
Applicant's representative provided proof of notice to the Division of Minerals and
Geology in a May 16, 2005 letter with attachments, including copies of the notice
of amended application and copies of return receipts from Certified Mail. We
have confirmed with the Division that. this May 16 proof was received and
properly filed.
Based on questions regarding the Silver Dollar Metropolitan District's potential
property ownership, the Applicant conducted research appropriate to ensure that
Rule 1.6.6 has been properly observed.
Rule 1.6.6 requires re-notice in three situations: (1) A notice is in error. (2) The
change to an application is "so substantial, as determined by the Office, that it
affects any of the terms contained in the notice that was published in the
newspaper." (3) An amendment to the application. Rule 1.6.6 was triggered by
the Applicant's March 23, 2005 submittal, which was deemed to contain an
amendment. The Applicant's August 19, 2005 submittal did not fall under any of
the situations governed by Rule 1.6.6.
As noted above regarding City of Black Hawk comment (4), the Gilpin County
record does not appear to establish a basis for notice to the Silver Dollar
Metropolitan District under Rule 1.6.2(1)(e)(ii). However, in the interest of
• observing Rule 1.6.6 under all circumstances, the Applicant has mailed notice of
the March 23, 2005 amendment to the Silver Dollar Metropolitan District, with an
explanatory cover letter and including time for comment as requested by the
Division. A copy, with certified mail return receipt, is enclosed.
The Colorado Department of Transportation holds deeds to right-of-way within
200 feet of the affected land. This right-of-way is not a Gilpin County Assessor
parcel. Two relevant instruments (see attached copies) created right-of--way in
this vicinity: (1) on the portion of the Wolf property with frontage in the Southeast
Quarter Section of Section 26, by Right of Way Deed (Book 212, Page 276), and
(2) on the portions of the Wolf property with frontage in the Southwest Quarter
Section of Section 26, conveyance of right-of-way by Administrator's Deed (Book
201, Page 516). The interest conveyed in both these instruments is not a fee
interest in the land surface and did not trigger notice under Rule 1.6.2{1){e)(ii).
Note that such processes as statutory highway access control and Construction
Materials Rule 6.4.19 have provided for CDOT involvement throughout the M-
2004-067 review process. Nonetheless, to remove any doubt of proper notice
based on the technicalities of the property interests governed by Rule
1.6.2(1)(e)(ii), the Applicant has sent notice to CDOT, as demonstrated by the
enclosed copy of the explanatory cover letter and return receipt.