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Grand County has to assume that no action was ever taken on the initial guidance provided by the Planning <br />Department. There is no evidence that a Special Use Permit was obtained for these facilities, or that there was a <br />waiver for "terms° for future facilities (i.e. interceptor canal) per the Henderson Master Plan. It appears that the <br />Grand County Department of Planning and Zoning has consistently pointed out that the mine operation falls <br />under the additional permitting requirements found in Section XI. <br />Both letters provided in your July t8, 2oo61etter validate the position regarding the approval by Special Permit <br />Review of the proposed for the design and construction of the proposed interceptor canal based on the review <br />criteria of Grand County Zoning Regulations. Today, the specific reference for water diversion structures is <br />under Section XI, n.t (9) as noted below. <br />Secrion u.i (9) Water diversion structures, ditches and pipeline structures <br />engineered to conoeg more than ftf teen (1g) cubic feet of water per second of time in all <br />zoning districts subject to thefoilowing additionaiprovisions: <br />(a) Such uses shall serve an obvious public need; <br />(b) Satisfactory proof that there are sufficient supplies of electrical energy to serve said diversion, <br />ditch, pipeline and any accessory pumping facilities, so as not to jeopardize existing or future domestic <br />requirements; <br />(c) Satisfactory proof that said ditch, pipeline, or diversion shall be built in a safe and prudent <br />manner in order to protect the public safety from breakage; <br />(d) Satisfactory proof that said ditch, diversion or pipeline is environmentally engineered to <br />provide the least environmental impact; <br />(e) Satisfactory proof that said ditch, diversion, or pipeline is engineered in such a manner so as <br />to utilize the minimum amount ofprivate land; <br />(fJ Satisfactory proof that said facilities shall not aduerseiy affect fish populations, uriidiife <br />habitat, or migratory ranges; <br />(g) Satisfactory proof that the facility urill not aduerseiy affect private property owners in the <br />vicinity, and that appropriate studies have been conducted to show the impact of said diversions, <br />ditches, and pipelines upon the entirety of water users in Grand County. <br />We commend you on the excellent support package you recently provided to our office. Most of the items <br />included can be used in a submittal to expedite review as required under the Grand County Zoning Regulations, <br />Section XI, u(r)(9). The proposed action will require approval by both the Planning Commission and Board of <br />County Commissioners to comply with the current Zoning regulations. I trust that you will contact me as soon <br />as possible so that we can initiate the Special Use Process required for review and approval of the proposed <br />interceptor canal. <br />Warm Reg~ar^ds, w <br />~~/ ~ <br />'7f~6ra Campbell, P.E. <br />Director, Planning and Zoning <br />Cc: Board of County Commissioners <br />County Manager <br />2 <br />