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AMENDED SPECIAL REVIEW PERMIT #1255 - L.G, EVERIST, INC. PAGE 3 areas will continue to be set back from County roads and will be partially screened through the use of earthen berms and vegetation. Section 22-5-80.F (CM.GoaI6) states. "The extraction of mineral resources should conserve the land and minimize the impact on surrounding land." The applicant states that final reclamation will begin within one year of completion of mining activities in any given phase, with seeding and planting completed during the appropriate time of year. The proposed reclaimed landform creates five lined water storage reservoirs, that will be of benefit to County citizens. Section 34-1-305, CR.S., addresses the preservation of commercial mineral deposits for extraction. The statute provides. in summary, that the Board shall not, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. This does not prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority which has control over zoning from zoning or rezoning land to permit a certain use, if said use does not permit erection of permanent structures upon, or otherwise permanently preclude the extraction of commercial mineral deposits by an extractor from, land subject to said use. b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Sections 23-3-4Q,A and 23.3-40.A.4 of the Weld County Code provide for Mineral Resource Development facilities; including open pit mining and materials processing; including a Concrete and Asphalt Batch Plant, as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Surrounding land uses are residential and agricultural. There are existing buildings on the parcel, including several single family residences and outbuildings. Additionally, there are oil and gas wells. tanks, and appurtenances that wilt not be impacted by the mining activities. Existing single family dwellings that may be impacted by the proposed mining activities are to be relocated to other parcels of land outside of this mining application, d. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. 2005-0277 PL 1396