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n <br />~J <br />September 12, 2005 <br />Page 6 <br />Further, CMR 1.4.5(2), which sets forth the requirements for a compie[e application, <br />requires an applicant to submit an application form as well as "all information, attachments, <br />maps, and exhibits, as listed and described in Subsection 1.4.1 and Section 6.4." By adopting <br />this rule, the Division has again expressly required that an applicant comply with CMR <br />I.4.1(5)(d} and provide "a statement that the Applicant has applied for all necessary approvals <br />from local government." (Emphasis added.) Thus, regardless of the content of the application <br />form and the certifications included therein, an applicant is also required to affirmatively state <br />that all necessary local government approvals aze, at the very least, pending. <br />As discussed in detail in the County's reply to the applicant's August 19, 2005, response, <br />which is attached hereto an incorporated herein as Exhibit C, there can be no question that a <br />County SUR permit and other County permits aze required before the legal commencement of <br />the proposed mining activity. The County has so stated to both the Division and the applicant on <br />several occasions. There also can be no question that the applicant's highway access permit has <br />expired and that it has not yet applied for all of the requisite local government approvals. <br />Therefore, pursuant to CMR 1.4.1(S)(d) and CMR 1.4.5(1), the requested permit cannot be <br />granted at this time. <br />• For the foregoing reasons in addition to the other objections raised in prior letters, the <br />City requests this pemtit application be denied. <br />Thank you for your time and consideration. The City looks forwazd to attending the pre- <br />hearing conference on September 27, 2005. <br />Very truly yours, <br />~~~ <br />Core . Ho~ann <br />ary Mogue Graham <br />Encl.: Exhibit A -Affidavit of Medill Barnes <br />Exhibit B -Initial response from the Office ofthe State Engineer, dated November 16, <br />2004 <br />Exhibit C -Gilpin County's reply to the applicant's August 19, 2005, response, dated <br />September 12, 2005 <br />cc: Richazd Lessner, City Manager <br />• Mayor and Boazd of Aldermen <br />viivos <br />Q:1 USERSIBFAHMGIMIA'ING APPLlCATIOMOBJECTlONLL'TTL'R - LD3.POC <br />