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Gilpin County <br />Colorado <br />Commissioners <br />Web Sill, 1stDishict <br />Jeanne Ncholson, 2nd <br />District . <br />Ken Eye, 3rd District <br />County Manager <br />Roger Baker <br />County Attorney <br />James Peuock <br />P.O. Box 366 <br />203 Eureka Street <br />Central City, CO 80427 <br />Phone: 303-58Z-5214 <br />Fax: 303-582-5440 <br />Web Site <br />http:llco.giipin.co.us <br />January 3, 2005 <br />Mr. Tom Schreiner <br />Colorado Division of Mineral and Geology <br />1313 Sherman Avenue, Room 215 <br />Denver, CO 80203 <br />r <br />- Rr=cr:rv~® <br />~aa a~ a <br />Oiviaion of Minerals and Geglggy <br />G`i~ppri fo4nJ~j/ 7~S~o11SL <br />Re: December 16, ~0p4 L er from Banks and Gessq, LLC/,G7ear reek <br />Water Providers Application- File 2004-06T C(ass~ J~rna}~ <br />Dear Mr. Schreiner: <br />This letter has been authorized and approved by the Board of County <br />Commissioners of Grlpin County ("County"). The County acknowledges receipt <br />of a copy of the above-referenced Ietter, which was directed to the Division of <br />Minerals and Geology. On behalf ofthe Applicant, Mr. Gesso is attempting to <br />convince the Division and Mined Land Reclamation Board that good cause has <br />not been shown to refer the Application to hearing and that the Application <br />should therefore be granted as of February 7, 2005. Applicant also challenges <br />the authority of Mr. Tony Petersen, Community Development Director for the <br />Couw.y of Gilpin, to submit a letter of objection on behalf ofthe Courny. <br />if is not the purptrse of this letter to respond'in detail'tci the allegations comained <br />iri Mr`.; Cres'so's'Tetter: An'evidentiary heaiing`is'the'app'ropriate fonrm :for: <br />copsrderafiori ~of the f8btuad and lagal issues raised`by the' letter: That said it is <br />unperative that several e'ironeous assumptions niade by Mrr Gesso, be boxrected <br />. ..... <br />ofthe onset of tln`s admrpisttahve process: - <br />1. Authority of Mr Petersen. - In filing•the December 2,-2004. objection <br />and hearing request, Mr. Petersen was not acting in any personal capacity. For <br />the record;' the Board of Conndy Commissioners of Gr7pin County ("Board") <br />authorized the December 2, 2004 filing by Mr. Petersen.. Mr. Petersen is <br />responsible for the administration and enforcement of all Gilpin County land use <br />regulations, which would include preparation and filing of the objection in this <br />matter. The Board authorized the fding ofthe objeclion'and petition for hearing <br />based upon their deteraunation that granting of the application without <br />appropriate conditions, posed a threat of loss or injury to legitimate interests of <br />County residems, including business, economic, esthetiq governmemal and <br />conservation interests. The County and its residents squarely fit the statutory <br />definition of "aggrieved" parties, under C.RS. §34-32.5-103, for purposes of <br />standing to request a hearing inthis matter. No other formal action is required by <br />the Board of Cou~y Commissioners to authorize participation is this <br />minictrafitiVe pr0eeSS. <br />2. Eristeiace of Good Ganse for Hearing. Applicant contends that the <br />Division and MLRB typically do n~ require that a pemrit include conditions <br />relating'to eompliance `anfh Cdiinty~ permitting requirements. According to <br />APp)`rcant,. such'condrtiens`are ilnneCessary and even `Suiatrthorized' '-' -The <br />apical: ` The ~titvner'of the property upon vvhigh <br />fli tie`coaducted;'has r~ieatediy amtouneed in <br />r is Gilpin' Cou~.y Court proceedings; that he <br />