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in the most strict application of the Zoning Resolution, the Gold Hill Mil] would only be allowed to mill ore from the property on which it is located: portions of the Oscar and Good Enough Lodes. This is because milling is an accessory use to the principal use of mining, and could only occur on the same property where mining took place. However, the Zoning Administrator has made a more reasonable determination with respect to the location of sources of ore. The sources of ore represented to the Land Use Department at the time the mill was proposed were acceptable at that time, and aze acceptable now. Such a determination is further supported as reasonable because the original proponent of the mill had undertaken considerable research and analysis to conclude that the enterprise based on these parameters would be profitable. Aoplication of the term "ore" In previous communications with COM Inc., the Land Use Department, in attempting to limit the importation of materials to the mill, used the term "ore" to refer to large quantities of heavy, earth borne, mineral substances. COM Inc. has expressed a desire to continue bringing in "motuonite", which is a granite based material. They have claimed that it is not "ore", and since it is used as a reagent in the milling process to stabilize pH, it should not be restricted. - The Zoning Administrator is concerned that this may be an attempt to circumvent the application and enforcement of the Zoning Resolution. While we do not wish to prevent innovation, we would like to be certain that monzonite, imported from outside the designated source area, does not have other roles in the milling process that would defeat the purpose of the ore restriction. Obviously, a restriction on the importation of all materials of any type to the mill would be too restrictive. However, we feel it is important to include all mineral materials that might be used as ore. Applicabiliri of Section 2g-259 definition of a mining,speration The definition of a mining operation is contained in the Boulder County Zoning Resolution as adopted on July 12, 1984, which was in effect at the time the permit for the mill was issued. It appears on page 109 of that resolution. SiJ1~IIVIARY The Zoning Administrator is unwilling to expand the parameters of ore sources, because doing so would increase the intensity and impacts of the mill to a level that would wnstitute a milling operation normally reserved for industrial zoning. The representations made to the Land Use Department when approval of the mill was sought are cldar, and that approval was granted with'the intent to allow a facility for the milling of ace extracted on the property. RECOMMENDATION Since the original purpose and extent of service by this facility has been clearly established, we recommend that the Board deny the appeal and uphold the Zoning Administrator's determination limiting the sources of ore for the mill as stated in the Land Use Department's letter of August 22, 1994. In addition, we request that the Board review and approve the compliance procedure required by the Land Use Department in their letter of August 22, 1994.