2009-10-23_PERMIT FILE - M2009076 (19)

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Venture Resources, Inc. PO Box 1974 (303) 6i9-6323 Idaho Springs, CO 80432 Fax: (303) 484-6369 -ventu eresources@att.net October 15, 2009 CO Division of Reclamation, Mining & Safety 1313 Sherman St., Room 215 Denver, CO 80203 Attn: Allen Sorenson RE: M-2009-076 Application Completeness Subject: Application Form Land Use Descriptions Dear Mr. Sorenson: Venture Resources is in receipt of your letter addressing our recent permit application's level of completeness. You indicate that within the Application Form on Page 3, items numbered 12 and 13 that we did not correctly fill out the form. We disagree with that assertion. Considering Item 12 - "Primary Future (Post-Mining) Land Use": The properties Venture Resources owns that are represented within this application are currently zoned by Clear Creek County as either Mining District One or Mining District Two. The difference is that Mining District One also allows for residential home use together with all of the mining uses both of the them share. I provided a copy of this zoning definition within our permit application package in the appendix of Exhibit D. You incorrectly assert that I did not provide a primary future (post-mining) land use on the Application Form. While I agree I did not place a mark in one of the convenient check boxes provided, I did indeed provide a hand written comment that stated "Existing M-l/M-2 Clear Creek County Mining/Res. Zoning". This was the same notation that I placed on an earlier application with your office, M-2008-037, for the Emma Lode; it did not cause any problems. Land Use and Zoning issues are a very serious matter that have significant legal consequences to the land owner. Venture Resources will not be re-zoning this property after the term of this application. The property will maintain its existing zoning designation. Your office does not have the authority to require us to re-zone our property. Whilst I understand that your office may feel the items offered in the check boxes are innocuous, we are not going to posture ourselves for any possible future misunderstandings with Clear Creek County Land Use authorities. Considering Item 13 - "Primary Present Land Use": The same sort of zoning issues arise when identifying a Present Land Use. I selected "Mining" because that most closely matches the current and existing zoning designation. Selecting anything different would be untrue and make us in violation of Clear Creek County zoning ordinances. The other items you brought forth in your letter will be corrected and resubmitted as required. Sincerely, Venture Resources, Inc. /Opliq ' Ixe-x6- Ryan J. McHale, PE Vice President cc: Clear Creek County Clerk & Recorder's Office, amendment to public review copy Page 1 of 1