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In a meeting on August 9, 1994 with Mazk Sprague, Zoning Inspector, Paul Blisk, Assistant Zoning Administrator, Wayne Tatman of COM Inc., Gwen Fraser of COM Inc., and Tim Hartley of Durango Metals Inc., it was stated that no one had received the Land Use Department's letter of April 28, 1992, and that Swede Johnson did not work for COM Inc. at that time. On August 22, 1994, the Land Use Department sent a letter to Gwen Fraser of COM Inc., restating and further clarifying the Zoning Administrator's determination regarding the milling of ore. COM Inc, is now appealing that determination. DISCUSSION Zonine Administrator's determination reeazdine millin Article 3-101 (5) of the Boulder County Zoning Resolution states that subsurface mining is a use by right in the Forestry District. It does not state that milling is a use by right. it is common, however, for uses of property to involve ancillary activities and/or structures which may facilitate or otherwise enhance the efficiency of the principal use. The Zoning Resolution permits such subordinate accessory uses to take place on a property where that principal use occurs. The definition of a mining operation found in Article 28-259 is intended to specify those activities which are associated with mining, and those which are not. The fact that certain activities would be included within the scope of a mining operation does not mean that they could be substituted for the act of mining itself. The occurrence of one of these associated activities, exclusive of all others, does not become a principal use by right because of its association with mining. If the purpose of the Zoning Resolution were to allow them as principal uses by right, they would be specifically and explicitly listed under Article 3-101, and not grouped under accessory uses. In listing operations that are included in the term "mining operation", Article 2$-259 specifies their occurrence on "affected lands." Affected lands are those lands that are affected by the execution of the principal use on the property. The boundaries of such affected lands would be established by the limits of the permitted use. When Mark Steen approached the Land Use Departmen[ with his initial proposal, and later to expand, he gave specific representation of the areas he intended to mine. The building permits and use permits issued by the Land Use Department were subsequent to and based on letters submitted by Mr. Steen that disclosed the spatial parameters of his intended activities. These documents are contained in the building permit files. The Land Use Department went further in establishing such limits when application was made for a permit to "remodel" the 8400 square foot "storage building" and convert it to a mill. This permit, BP 94-1213, contained the stipulations "To Process minerals extracted from the property only" and "Milling Accessory to underground mining on the same property only -- no custom milling using imported ore." The term "custom milling" has been used both by the Land Use Department and by the State of Colorado in their dealings with the Gold Hill Mill. It is impoRant to note that these agencies do not share the same definition of this term. The use of the term by the Land Use Department refers to the milling of ore that has been transported from outside affected lands. According to the State of Colorado Division of Minerals and Geology, milling would not be considered custom milling unless the ore came from a site that was not permitted in the name of the mill operator or an approved affiliate (see letter of October 7, 1992), There are essentially no geographical boundazies.