2009-11-09_PERMIT FILE - M2009076

• Permit No: M2009076
• IBM Index Class Name: PERMIT FILE
• Doc Date: 11/9/2009
• Doc Name: Appl. Form Land Use Decriptions
• From: Venture Resources, Inc.
• To: DRMS
• Email Name: ACS
• Media Type: D
• Archive: No

Venture Resources, Inc.
PO 13ox 1974 [phone]
Idaho Springs, CO So432 Fax: [phone]
F exit tireresotrreesCmatt.net
October 26, 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 - No supporting definitions in Rules.
61-11
Dear Mr. Sorenson:
;`r
,-NOV 0 9 2009
Divieien of Reclamatiom,
1-0 Mining and Safety
Venture Resources is in receipt of your letter of October 24, addressing issues revolving around the Application
Form items, specifically:
• Item 12 - "Primary Future (Post-Mining) Land Use"
• Item 13 - "Primary Present Land Use"
As stated previously in our letter of October 15, Venture Resources has provided, or otherwise stated, on the original
Application Form a Present and Future land use that will not find us in violation of the zoning regulations that our
property is subjugated to within Clear Creek County. For a Present land use Mining was selected, as that most
closely matched our current local zoning. It was stated with a hand written comment that "Existing M-1/M-2 Clear
Creek County Mining/Res. Zoning" was the Futue land use. Stating anything different is untrue, in violation of
local regulations and potentially yields specific land use rights that we hold.
You summarize in your letter that you have communicated with the Clear Creek County Planning and Zoning
Department and have become educated as to the M-1 and M-2 zoning designations that are enforced here. You also
seemingly dismiss our concerns that a selection of a differing land use description provided on the Application Form
will cause potential zoning violations with Clear Creek County by stating:
"The DRMS has confirmed with Clear Creek County Planning and Zoning Department that the
selection of rangeland or any other non-cultural land use, such as wildlife habitat, will not result
in any misunderstandings with that Department. "
Under what authority can your office make such a guarantee? A simple telephone call to Clear Creek County? We
would be happy to oblige you but past experience has shown to us that Clear Creek County has been very difficult,
if not insurmountable, to work with concerning zoning and land use issues. The DRMS does not, to my knowledge,
have authority to dictate to Clear Creek County policy concerning their zoning or land use regulations. We want to
cooperate to the full extent possible with the DRMS, but in doing so we cannot be asked to violate local regulations.
I had mentioned in my October 15`h letter that our application for M-2008-037 was processed by the DBMS
containing the same information for land use without pause. This leads us to believe that there are no clear
definitions or regulations addressing these items and the consideration of the same by the DRMS is highly
discretionary depending on the individual reviewer and their own motivations. This is unfortunate.
We have been unable to find any definitions or instructions on how to address these Application Form items in the
"Mineral Rules and Regulations" or relevant CO Statutes. We feel confident you would have pointed out such
information in your last correspondence. It seems that the items are, at face value, innocuous, but some more
supportive information is desired before we can proceed:
1. What are the DRMS Board adopted definitions of each of the selections included in Items 12 and 13?
2. How do differences of each selection effect DRMS review procedures of an application?
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