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JUL. 21.2008 1:44PM SUMMIT CTY PLANNHO1453 <br />NO. 126 P. 2 <br />-2- July 21, 2008 • <br />Project is defined in Chapter 10 of the Code as Major New Domestic Water and Sewage Treatment <br />Systems; Major Extensions of Existing Domestic Water and Sewage Treatment Systems; and Municipal <br />and Industrial Water Projects. Although many of the activities planned at Climax appear to fall into the <br />category of a Major Water and Sewer Project, I agree with your assertion that the proposed installation of <br />the TDL from the concentrator facility to the existing Temnile TSF is exempt from 1041 review at this time, <br />according to Section 1000022.d (Specific Exemptions) of the Code. This opinion is based on your <br />representations to me that the TDL is an upgrade to an existing water and sewer treatment facility that is <br />required maintenance and is being proposed for the purpose of repairing and replacing old and outdated <br />equipment without expanding service levels beyond desk capacity nor altering the location of the existing <br />facility, <br />Again, this letter is based on the information you have provided me about the nature of the subject <br />activities. My decision that those activities do not result in your need to receive a 1041 permit or arc <br />otherwise subject to the County's mining regulations should not be deemed to be a waiver of those <br />regulations, or any other right or remedy the Comity may have by law. <br />Finally, the scope of this letter pertains only to those regulations under the Purview of the Planning <br />Department and I believe that your construction activities require the issuance of a Grading and <br />Excavation Permit under the Development Code, You should consult with the County Engineering <br />Department in that regard as well as the County Building Department for any other potential compliance <br />issues. If you should have any questions or comments regarding the information contained in this letter <br />please do not hesitate to contact me at (970) 668- 4200. <br />Sincerely, <br />Jim Curnutte • <br />Summit County Planning Director <br />Cc; Jeff Huntley, Summit County Attorney <br />Lindsay Hirsh, Manager of Current Planning <br />Daryl Longwell, P.E., Tatra Tech <br />0