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<br />Therefore, it is imperative [hat if County Planning is to have authority over us, it only <br />seems appropriate that Planning not continue to act solely upon its own unders ding, but <br />demonstrably match our level of understanding about the technical and dyn c nature of <br />the pemuts upon which we will be judged. It is imperative that Planning di roguish its <br />interests and authority respective of other State and Federal agencies, regu [ions, and <br />Since compliance is a perceived value, it is fundamental that those perception be shared, <br />and evidenced by correspondence, since a misunderstanding will most certainly be adverse <br />against the Operator. We aze concerned that this pairing of perceptions has yet occur. <br />For example: Under the present interpretation of the Findings and Resolution o 9 October <br />1998, how could the changes, as approved by the DMG on 1 April 1998 under the <br />included Technical Revision, and subsequent designation by DMG of Substitut Lands and <br />Areas of Release which affect the location and extent of mining, the allocatio of the 25 <br />acres of maximum disturbed land at any given point in time, and related issues, so directly <br />attended to by Planning and the Board of Commissioners, and so potentially an nforceable <br />concern for County Planning, item for item, proceed without an item for i[e comment <br />from County Planning? <br />The expectations of the Operator is that the County will comment specific ly to each <br />change at the State level as to its relevance to the Special Use, and not leave ach change <br />open to interpretation later. If State and County permits are specific and d tailed, and <br />attending and required changes are specific and detailed, comments by Pl Wing staff <br />should be equally clear, specific and detailed as to each identifiable item or than e. <br />True, as Carol Evans indicates in her correspondence of 8 April 1998, local iss es must be <br />considered separately from State regulations, but how do the changes approved y the State <br />influence County issues, and how are those changes as approved by the Stat perceived <br />relative to the approved Special Use? Since the Technical Revision has eady been <br />approved by the Division, the Operator is not requesting comments to alter th t approval, <br />but to detemvne what is required by the County relative to those changes n order to <br />implement them over the quarry area as indicated. It should be remembered that all changes <br />approved by the DMG by Technical Revision, and subsequent Annual Repo 'ng to the <br />DMG to reflect on-going movement of quarry activity across the perntitted bo ndazy, are <br />provided for as part of the approved Special Review. <br />If there are any departures in understanding, or need for further clarification, it ould seem <br />mutually desirable to determine them before the fact. Proving our innocence i the future <br />will be easier if we are never accused of being guilty. Our intentions must be nderstood <br />and confirmed by Planning so that when our intentions manifest themselves on a ground, <br />Planning does not view them as a departure from they understanding, and b default, a <br />violation of the Special Review. In other words, any change we make with ano er agency <br />or pemut must be ratified or validated in some manner by Planning or the c ange is by <br />default already a departure from the Special Review and subject to enforcement y Planning <br />if manifested on the ground, absent of such a determination. Of course ere is an <br />alternative. Planning could cooperate with other regulatory agencies instea of micro- <br />managing the quarry. <br />Planning could in fact divorce itself from the affairs within the quarry, and co tern itself <br />with any effects outside of the quarry, except where internal activities otherwi governed <br />by the County are not otherwise regulated by the State or Federal government. his is our <br /> <br />Tuesday 17 November 1998 Correspondence in the matter of Special Review File 97-ZR0961 Rocky <br />Road Quarry, to Carol Evans, Larimer County Planning Department, from Douglas J. Bachli, ice- <br />President, Rocky Road Investment, Inc. <br />