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does not recognize-the legal authority of the County of Gilpin (or any cou~y government for that <br />matter) to regulate use of private land, which would include compliance with the CouNy special <br />use permit process required to address off-site impacts of the mining operation. That the property <br />owner does not recognize County authority to regulate any use of his property, is evidenced by <br />the owner's steadfast refusal to obtain any and all County permits required for various activities <br />he has conducted upon the same property which is the subject of this application.t With this <br />gvidence before rt, granting of a reclamation permit by the Board would be conhary to local <br />permitting requirements (C.RS. §34-32.5-115(4)(d)). <br />The Applicant's response to the County's objection in this matter confirms that that there are <br />significant issues to be resolved, which can be fully addressed only in an evidentiary hearing. <br />Thank you for your consideration of the comments contained in this letter. <br />Very truly yours, <br />COUNTY OF G ~ // <br />C ,' Gi' <br />Jeanne Nicholson, Chair <br />7JP/rm <br />cc: Scott Gesso, Banks and Gesso, LI.C. <br />Tony Petersen, Community Development Duector, County of Gilpin <br />James J. Petcock, Gilpin County Attorney <br />' It is the belief of County that the lease by which Applicant here will use and occupy the owner's property, <br />to induct the contemplated mini[tg operations, requires that the lessor/owner obtain any County approvals <br />required for the proposed mining operation. <br />