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III IIIIIIII IIIIII II OF COLORADO DIVISION OF MINERALS AND GEOLOGY 999 Depanmem of Natural Resources 1 J 13 Sherman SL, Room 215 r Denver, Colorado 80203 Phone: 13031 866-3567 ' 7671 ~ ~~~ 'J I Date ~ ~~ ~ pages -I pOSt-It Ffl% Note FA%: (3031 832-8106 T L From Ir LI D (Q yr l,p Q'" O v CAS D / DEPARTMENT OF Go./Dep . ~~ I 1 D°~ NATURAL n ~ owe Phone p 7~~ ~ 77~/-~ i\C SOllitl ES Phone a , . Fax p / 1 ( 1 % ~ q '~ 1 3 ' ~' Fax x Rny Romer I I l f1 Governor June 9, 1995 lames 5. Lochhead E~ecmive Dueaor Mr. Robert N. Mason Michael B. long Committee on Mining and the Environment Din Sion Director Gold Hill Town Meeting, Inc. P.O. Box 7060 Boulder, CO 80306 RE: Responses to Letter Dated April 10, 1995, Gold Hill Mill Permit Application, Colina Oro Molino, Inc., File No. M-94-117 Dear Mr. Mason: Thank you for your letter dated April 10, 1995 in which you requested that the Division clarify certain issues related to the Gold Hill Mill permit application. Certain of these issues are still in flux as of this writing, however, Environment as to has been raised. I shall update the Committee on Mining and the the Division's current understanding on each point that 1. In item no. 1 of the April 10, 1995 letter, the Committee requested an explanation of the relationship between reclamation permits issued by the Division of Minerals and Geology, and a permittee's responsibility to comply with local land-use regulations. Prior to 1991, the Mined Land Reclamation Act stated that "the board shall not grant a permit in violation of city, town, county or city and county zoning or subdivision regulations". It was the Division's policy under the pre-1991 statute to request documentation from the local land-use authority that the proposed operation would be in compliance with local regulations. The statute was modified in 1991 to its present wording, placing the onus on the applicant to ensure compliance with land-use regulations. The 1991 wording of the statute allows the Division and the Board to issue permits without having to become embroiled in land-use issues that are reserved to the local regulatory authorities, while at the same time placing applicants on notice that issuance of a reclamation permit does not bestow an absolute right to operate. As such, the Division or Board could issue a permit for the Gold Hill Mill even though there may be unresolved land-use issues involved. 2. In item no. 2 of the April 10, 1995 letter, the Committee requested clarification of the Division's position that a permit could be issued to COM, Inc. pending location of an ore source, and that such a permit could be maintained under a Notice of Temporary Cessation. Obviously, the Mined