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become effective until the Applicant has filed applications with Gilpin County for an <br />SUR permit, an ISDS permit, and one or more grading permits, and the Applicant <br />__ _ _ _ .. _ . ._ _ shall not initiate any quarrying activities until the listed County permits have been _ _ <br />obtained. Further, the Applicant shall comply with all terms and conditions of the <br />Gilpin County SUR permit, ISDS permit, and grading permits, including any <br />amendments thereto that may occur during the life of the 112 reclamation permit. <br />Any operations in violation of Gilpin County permits shall be a violation of the 112 <br />reclamation permit. <br />Rationale: Construction Materials Rule (C.M.R.) 1.4.1(5)(d) requires that "all application <br />forms shall contain the following information:... astatement that the Applicant has applied for all <br />necessary approvals from local government." This requirement is made specifically applicable to <br />112 permit applications by C.M.R.1.4.5(1), which states that "[a]ll general application requirements <br />outlined in Subsection 1.4.1 shall be required fora 112 Reclamation Permit Application." In its <br />November 16, 2005 rationale, the Division stated: "If the applicant commences operations in <br />violation of any local land use of other laws, it will be in violation of its permit conditions and the <br />above statutory requirements, and the Division will proceed at that time with appropriate <br />enforcement action." <br />At the November 21, 2005, pre-hearing conference, Gilpin County Attorney James Petrock <br />indicated that at least three separate County permits aze required before the initiation of quarrying <br />activities at the site: a Special Use Review (SUR) permit for the mining operation to commence, an <br />Individual Sewage Disposal System Permit (ISDS), and one or more grading pemrits for on-site road <br />construction. Mr. Petrock described the landowner's history of uncooperative behavior, which <br />justifies requiring that approval of this 112 pemut application be expressly conditioned upon the <br />Applicant having applied for the three above-listed County permits and upon the Applicant's <br />compliance with the permits once issued. Accordingly, the proposed condition should be imposed in <br />any 112 permit approval. <br />2. Proposed condition: <br />The 112 permit shall not become effective until the Applicant has received a valid <br />Colorado Dischazge Permit System (CDPS) permit, and the Applicant shall not <br />initiate any quarrying activities until said permit has been granted. Further, the <br />Applicant shall comply with all terms and conditions of the CDPS permit, including <br />all CDPS requirements that apply to any water quality standazd exceedence in either <br />ground or surface water, and with any amendments or modifications to the CDPS <br />permit conditions that may occur during the life of the 112 reclamation permit. <br />Rationale: Construction Materials Rule (C.M.R.) 6.4.7(5), as part of Exhibit G -Water <br />Information, requires the following: "The Operator/Applicant shall affirmatively state that the <br />Operator/Applicant has acquired (or has applied for) a National Pollutant Dischazge Elimination <br />System (NPDES) permit from the Water Quality Control Division at the Colorado Department of <br />2of10 <br />