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Petrock CAS Fendel, P.C. Atlorneyc May 20, 2005 MAY 2 3 2C05 Jemes J. Petrock Prederiek A. Fendcl, ID BCOLL M. fluylcr McUhew 8. Poznenovic Carmen 8. Flell, Of Counsel Mr. Tom Schreiner Colorado Division of Minerals and Geology 1313 Sherman, Room 215 Denver, CO 80203 pfuioion of ~linctula & pnolo~y Re: MMRR Quarry M-2004-067 -Amended Application - Gle,oQ; ~x„~ Gilpin County Response Dear Mr. Schreiner: fiery J. Crosby, Deralegal 700 17th Street Suite 1800 Denver, Colo`ado 80202 303-534-0702 303-534-0310 Max mmm.petrockfendetwm The following comments are submitted by the Board of County Commissioners of Gilpin County ("Boazd") with respect to the proposed amendment to the Construction Materials Regular 112 Permit application filed by Clear Creek District Water Providers, LLC, public notice of said amended application being dated April 18, 2005. In addition to the response set forth herein, the Boazd incorporates by reference its December 2, 2004 and January 4, 2005 responses to the initial application in this matter. 1. On November 9, 2004, applicant filed its initial application to conduct surface extraction of construction materials and reclamation, with the MLRB. Such application specified access to the mining site from Colorado State Highway 119. 2. On May 14, 2003, prior to filing of the initial application on May 14, 2003, the owner of the property, Mr. Phillip Wolf, had obtained an access permit from CDOT for the access point identified in the initial application. That permit expired on May 14, 2004, without construction of the described access. 3. Subsequent to the publication of the initial permit application in this matter, pursuant to CRS §43-32-135 and CRS §43-2-147, the County of Gilpin assumed full responsibility for issuance of access permits to state highways within Gilpin County, including Colorado State Highway 119. This action was taken by the County on January 13, 2005. (See letter attached as Exhibit A.) 4. On January 21, 2005, Mr. Wolf was informed by CDOT that the County of Gilpin would be the issuing agency for any new access permit application he might file. (See Exhibit B attached).