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.~; August 4, 2005 John Henderson 720 Pearl Street Boulder CO 80302 Deaz John, Post Office Box 471 • Boulder. Colaaao 80306 Land Use Department Courthouse annex 2045 13th Sheet • 13h & Spruce Sheets • Boulder, Colorado 80302 •(303( 441-3930 This letter is in response to your letter dated June 23, 2005, regazding Mount Royale Ventures, LLC mining operations. Sort' for the delay in the response, but we wanted to listen to all of the hearing tapes and research the files to give a complete answer. County staff has reviewed files and listened to hearing tapes on the passage of the 1997 mining regulation amendments as well as the files concerning the Gold Hill Mill. This review confirmed that the County took the correct position in the June 7, 2005, letter. The increased azea being mined is an increase that triggers review under Article 4- 508 of the Boulder County Land Use Code. Another issue is the use of the Gold Hill Mill to process ore from these new areas. The mill was recognized by the County to process materials from claims associated and listed with the building permit issued for the mill in 1985 and letters from Mazk Steen dated November 1, 1984, and July 30, i 985. It is unclear from the materials submitted if the mill is still just processing ore from the claims identified in Mr. Steen's letters or if this area has expanded. The County's determination that the mill could only process ore from these parcels was upheld by the Boazd of Adjustment (AP-94-13). The staff recommendation for the Board references BP-94-1213, which contained 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 staff recommendation goes on to clarify that, "(i]n a most strict application of the Zoning Resolution, the Gold Hill Mill would only be allowed to mill ore from the property on which it is located: portions of the Oscar and Good Enough Lodes.... However, the Zoning Administrator has made a more reasonable determination with respect to the location of sources of ore. The sources for ore represented to the Land Use Department at the time the mill was proposed were acceptable at the time, and are acceptable now." The Board of Adjustment decision stated: "to verify compliance in this regazd, we are requiring that you, the owner of the property, provide copies of all documents submitted to the Division of Minerals and Geology that disclose the location of the sources of al] Tan Mayer Ben Pearlman Will ioa County Commissions County Commissioner County Commissions