PERMFILE62989

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 12/5/2005
• Doc Name: Response to Motion by Applicant
• From: Gilpin County
• To: DMG
• Media Type: D
• Archive: No

From:
Doc. Name:
Doc. Date (if no
RECEIVED
DEC 0 5 2005
BEFORE THE MINED LAND RECLAMATION BOARD, Uivisian of Minerals end GeoIo9Y
COLORADO DNISION OF MINERALS AND GEOLOGY,
DEPARTMENT OF NATURAL RESOURCES
Boazd Address: 1313 Sherman Street, Room 318
Denver, Colorado 80203
Applicants: Clear Creek District Water Providers, LLC.
Objector: Gilpin County.
Attorney: James J. Petrock, #2881 Permit Application No.:
Scott M. Huyler, #27342 M-2004-067
Firm: Petrock &Fendel, P.C.
Address: 700 17`h Street, Suite 1800
Denver, CO 80202
Phone No.: [phone]
Fax No.: [phone]
OBJECTOR GILPIN COUNTY'S RESPONSE TO APPLICANT CLEAR CREEK
DISTRICT WATER PROVIDERS' MOTION TO DENY PARTY STATUS AND TO
STRIKE PARTICULAR OBJECTIONS, WITNESSES AND EXHIBITS
Gilpin County, by and through its counsel, Petrock &Fendel, P.C., hereby submits its
Response to Clear Creek District Water Providers' Motion.
1. Failure to Apply for SUR Gradin¢ and ISDS Permits
The authority of County government to regulate offsite impacts of the land use
contemplated by this application is well established. See C & M Sand & Gravel v. Board of
County Commis of the County of Boulder, 673 P.2d 1017. The Division has recognized matters
within County jurisdiction in the Division's Recommendation of Approval and Rationale, dated
November 15, 2005, including, in particular, noise control, property valuation, traffic concerns,
and economic impacts. On the other hand, Applicant has sidestepped recognition of County
jurisdiction and will not commit to apply for the requisite Gilpin County permits prior to moving