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Petcock ~ Fende(, P.C. Altorncv5 P~ilaY 2 ;~ ZC05 May 20, 2005 Mr. Tom Schreiner Colorado Division of Minerals and Geology James J. PeLrock Mrederick :\. Mendel, 10 SCOIL M. fluyler MeU-hew 5. Poznenovic Cermcn &. hell. Of Cou~uel Gary J. Crosby. Parelt~l 700 I Tlh dlreeL Suite I SCO Denver. Coloredo 80202 303~33~-0702 303-53d-03I0 Pax 1313 SheIman, Room 215 www.petrockfendel.com Denver, CO 80203 ., Re: MNIRR Quarry M-2004-067 - Amended Application - ry/yJRR ~~" Gilpin County Response ~; Dear Mr. Schreiner: The following comments are submitted by the Boazd of County Commissioners of Gilpin County ("Board") with respect to the proposed amendment to the Construction Materials Regulaz 112 Permit application filed by Cleaz 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, i~1r. Wolf was informed by CDOT shat the County of Gilpin would be the issuing agency for any new access permit application he might file. (See Exhibit B attached).