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FF2~d~1 : PEt(~CK ~ FENDEL PC ~- Mr. Tom Schreiner Septetnber 12, 2001 Page 2 FRX NtJ. :3035340310 Sep, 12 2005 02:1(3PM P3 "Mining in any form, including gravel pits sari tuck crushing, shall be permitted only upon approver by the 13oaz~d of County Comrnisaionets, aRer review by rho County Planning Commission, following public notice and hearing, and subject to such safeguards and conditions as may be imposed by the Board ofCounty Commissioners in order for the use to be in harmony with the characteristics ofthe surrounding neighborhood to otherwise promote the public health, safety and welfare of Gilpin County residents." Gilpin County2oningregulations,Section 1,713, define "amine" !n include sand, grnvel and rock." The regulations address in detail the offsite impacts of operations such as here proposed (see F_xhibit A attached). Contraryto the assertion contained in the trpplicani's August 18, 2005 response, the proposed quarry and post mining land use are not permissible under County zoning, unless and until the . County special use review approvai has been applied for and obtained. Over the course oCthe year this matter has been pending, Applicant met once with the County Director of Community Development, but has not submitted a special review use application to the Couaty of Gilpin. Special use approval is the "necessary approval of a local govetmnent" as specified in Rule ],.4,1(5)(d). Uneil such time as Che Applicant has applied For Gilpin County Special Use approval, the application in this matter cannot be considered complete as required under Rule t.4.sC2)(~)(m• There are a number of other County permits required before this mining operation could proceed -including grading permits For road construction and sanitationpermit(s) for human waste disposal facilities. None of these permits have been applied for to date. I~L'gj~vpy 119 Access Pemtit. The County of Gilpin is the issuing agency for petauts allowing access to Colorado State Highway 119, under C.R.S. 43-2-147(5). Applicant submitted an access permit application for the accesspoitttdescn'bedintheamended112Applicationpresentlyunderconsideration. Thispointis also described in the Notice of 112 Construction Materials Reclamation Permit Application consideration received by the parties on or shout April 22, 2005. The point identified is "approximately 700 feet south and east of the access initially proposed", As indicated, this point of ucess has been denied by the County of Gilpin, (based on Colorado Department ofTransportafinn reconunendations ("COOT")). The access point which is now under consideration has been recommended by COOT, and which wauid be permitted by the County of Gilpin, is approxiutatety • 750 feet north of the access point described in the Amended Permit Application. The point ofaccess identified in the notices to the Cowrty and other parties, is now incorrect. Tho "new" access point will bring the Bieck Hawk/Central City Sanitation District Water