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MMRR Quany, M-2004-067 <br />Response to Sept. 20, 2005 Adequacy Review <br />October 24, 2005 <br />Page 13 <br />(~ Permit process. A Regular 112 Reclamation Permit application is a state <br />process, with its own jurisdictional scope. <br />Mining activity may require a county approval prior to its legal commencement, <br />but a state permit exists independently of local land use review. It is not relevant <br />to the current Regular 112 review whether or not any particular County permit <br />process is or is not required for the proposed quarry. The state review process <br />focuses on the adequacy of plans according to state statute; the current review <br />process cannot serve as a forum to question or define the scope of regulatory <br />programs in otherjurisdictions. <br />Throughout the M-2004-067 review, the Applicant has faithfully adhered to the <br />intent of the Construction Materials Act and has properly identified Gilpin County <br />as a potential regulatory authority in Exhibit M. The Applicant has abided by all <br />applicable law. As noted previously, there is no cause for denial of this <br />application under the controlling state statute, C.R.S. § 34-32.5-115(4). <br />As we have noted before, the proposed MMRR Quarry will be a quality facility, <br />comparable to other permitted quarries in Colorado and consistent with all state <br />reclamation permitting standards. <br />• Please contact Banks and Gesso, LLC, at 303/274.4277 if additional information <br />or clarification is appropriate. <br />Sincerely, <br />BANKS AND GESSO, LLC <br />Alex chatz <br />cc: Bob Lembke, CCDWP <br />encl: Project Attorney Letter, Chris Hayes, Bjork Lindley Little PC, Oct. 24, 2005 <br />Proof of September 2005 Public Notice to SDMD and CDOT <br />Structure Agreement to Silver Dollar Metropolitan District, Sept. 22, 2005 <br />Right-of-way deeds (Book 201, P. 516; Book 212, P. 276) <br />CDOT Access Permit, issued August 23, 2005 <br />Proof of Public Notice #2, sent to DMG, May 16, 2005 <br />Revised Exhibits C and F <br /> <br />