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Memorandum to Corey Hoffmann November 14, 2005 • Page 2 Board Jurisdiction: Rule 1.4.1(5)(d) requires that "All application forms shall contain the following information:... a statement that the Applicant has applied for all necessary approvals from local government." (Emphasis added.) This requirement is clearly applicable to 112 reclamation permits. Rule 1.4.5(1) states that "All general application requirements outlined in Subsection 1.4.1 shall be required fora 112 Reclamation Permit Application." Grounds for denial of this permit application by the Board include whether "the application is incomplete" as well as whether "the proposed mining operation, the reclamation program, or the proposed future use is contrary to the laws or regulations of this state or the United States, including but not limited to all federal, state, and local permits, licenses, and approvals, as applicable to the specific operation." C.R.S. § 34- 32.5-115(4)(a) and (d). Supporting Information: Gilpin County, in its September 12, 2005 letter and in previous correspondence, clearly indicated that a Specia] Use Review (SUR) permit and other county permits are required. Gilpin County has informed us that, at a minimum: 1) the proposed quarry and post-mining land use are not permissible under the County zoning unless and until the Applicant obtains a Gilpin County SUR permit (Gilpin County Zoning Resolution, Section 61.d); 2) the Applicant must obtain a Gilpin County SUR permit before constructing any cisterns, lined ponds, or wells (Gilpin County Zoning Resolution, Section 6.1.1); 3) the Applicant must obtain a sanitation permit from Gilpin • County prior to the use of any human waste disposal facilities on the property (Gilpin County Individual Sewage Disposal System Regulation Section 3.01); 4) the Applicant must obtain a Gilpin County grading permit prior to the construction of any access roads onto the Property; and 5) if the Applicant proposes to change the end use to a water storage facility, the Applicant will be required to submit an application for a Gilpin County section 1041 permit (Gilpin County Regulations for Certain Matters of State Interest, Sections 3.1 and 4.2(3)), and for an amendment to the SUR permit (Gilpin County Zoning Resolution, Section 6.1.1). The Applicant argues in its August 19, 2005, Response to the 2nd Adequacy Review, and again asserts in its October 24, 2005, Response of the 4a' Adequacy Review, that it is "standard practice" to pursue the reclamation permit prior to resolving land use status at the local government level. The Applicant claims that this approach has been common since the Construction Materials Act "superseded" previous requirements in the Mined Land Reclamation Act, C.R.S. § 34-32-101, et seq. Both acts were reviewed for requirements that the Applicant apply for necessary local approvals prior to submitting an application fora 112 reclamation permit. The Mined Land Reclamation Act explicitly applies such a requirement to 110 permits. C.R.S. § 34-32-I10(2)(a)(VIII). The later Constructions Materials Act explicitly applies this same requirement to both 110 and 111 permits. C.R.S. §§ 34-32.5-110(1)(a)(VIII) and 34-32.5-111(2)(c)(9). Thus, the later act expands these requirements, rather than "superseding" them. Further, both acts enable the MLRB to adopt and promulgate reasonable rules respecting the administration of the acts. C.R.S. §§ 34-32-108 and 34-32.5-108. It is clear that the Board's rules (originally promulgated in October 1995 and amended at least five times since then, most recently in • June 2005) apply this requirement to applications for all types of permits, including 110, LEONARD RICE ENGINEERS INC. _ 2000 CLAY STREET, SuirE 300, DErivEa, COLORADO 8021 i-5 7 19 • PHONE (303) 455-9589 • Fnx (303) 45507 15