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Penfield Tate <br />Chris Neumann <br />July 20, 2012 <br />Page 3 of 4 <br />River, as well as the historic road on the east side of the La Plata River that travels through the <br />Project and the standards applied are adequate to protect the health, safety and welfare of the <br />public under the proposed use. <br />Although the County may support a variance, a variance is not a land use permit, and all <br />development must obtain a permit prior to construction. Development is defined, in part, as <br />any excavation or land disturbance.' 1 Construction of a road is land disturbance. This <br />development is not excluded in the LPLUC from obtaining a land use permit and must obtain a <br />permit prior to construction. The obtainment of a variance does not permit the construction of a <br />road and the Project may not begin construction until a land use permit is obtained. <br />The County recognizes that the current condition of the road on the west side of the La Plata <br />River may present imminent concerns that threaten the health, safety and welfare of the public. <br />Mainly, the imminent concerns may be that the road on the west side of the La Plata River could <br />potentially give way and sediment could erode into the river and adjacent wetlands. If this is the <br />case, the County would allow construction of the road to commence on the west side of the La <br />Plata River prior to obtaining a land use permit in order to protect the health, safety and welfare <br />of the public. <br />To begin construction of the road on the west side of the La Plata River prior to obtaining a land <br />use permit, Wildcat must demonstrate that the current condition of the road is an imminent <br />danger to the health, safety and welfare of the public. This must be demonstrated through a letter <br />from DRMS that states the road on the west side of the La Plata River is an imminent threat to <br />the public's health, safety and welfare and improvements need to occur immediately to protect <br />the public. Furthermore, the County would need assurance that the bond required by DRMS <br />would cover reclamation of the road. <br />If the County authorizes Wildcat to begin construction on the west side of the La Plata River <br />prior to obtaining a land use permit, Wildcat shall be advised that such authorization is not a <br />permit to use the property for mining activities, is at its own financial risk, and does not <br />guarantee any future land use permit approval. Furthermore, an authorization would not provide <br />a basis for any future claim against the County to recoup costs if the mining operations are not <br />permitted to proceed. The County would also request that specifics regarding the road <br />construction, including, equipment used, level and limits of activity and other information <br />required by DRMS are submitted to help facilitate responses to public inquiries regarding <br />activity. <br />10 LPLUC § 82 -1. <br />11 LPLUC § 62 -1. <br />{4900:1500 00012326.DOCX 3} <br />