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Mr. Tom Schreiner May 25, 2005 Page 11 • The applicant's failure to have applied for a Special Use Review Permit is a violation of NLRB Rule §1,4.1(3). If the permit is approved, Black Hawk requests the following conditions in the permit: The applicant must obtain approval from Gilpin County prior to constructing a cistern or lined pond. • The applicant must obtain an approved Special Use Review Pemtit from Gilpin Countyprior to initiating any operations. The applicant must submit a statement identifying the permits, licenses, and approvals the applicants holds or will be seeking for the proposed mining and reclamation activities (NLRB Rule, 1.4.1(5) (d)). o If the applicant fails to provide the information, the application should be denied because the application is incomplete (NLRB Rule § 1.4.1(3)). VII. CDOT STATE HIGHWAY ACCESS PERMIT Per the Application: A CDOT Access Permit has been issued (Exhibit M). • Comment_ NLRB Rules require the permit application to include a statement whether the applicant either holds or will be seeking certain other permits, including a highway access permit (NLRB Rules, §§6. L2 and 6.4.13). As noted in Black Hawk's December 20a', 2004 comments, the CDOT Access Permit Number 103039, issued May 29'h, 2003, has expired. It is also noted that the State Highway Access Code allows each appropriate local authority the authority to issue access permits to state highways within its jurisdiction (CCR 601-1 §2.3(1)), It is our understanding that Gilpin County has requested and accepted such authority from CDOT, and now issues such permits. County-issued access permits, however, must still receive written approval from CDOT to be valid. Black Hawk requests that the permit be denied because: Based on information provided in a letter to the DMG from the Board of County Commissioners of Gilpin County dated May 13'", 2005, "Mr. Wolf, as the owner of the property upon which the proposed mining operation would be conducted, has notified the County of Gilpin that he does not recognize Gilpin County as a govemmenta] entity with any jurisdiction to issue an access permit for the proposed mining operation. Accordingly, Mr. Wolf will file no access application with the County." The applicant does not hold and will not be seeking the required access permit, and is therefore in violation of NLRB Rules §§6.1.2 and 6.4.13. • • The applicant's failure to point out that the permit has expired is a violation of NLRB Rule § 1.4.1(3). If the permit is approved, Black Hawk requests the following conditions in the permit: LEONARD RICE ENGINEERS INC.