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Boulder <br />County <br />Land Use <br />Courthouse Annex • 2045 13th Street • Boulder, Colorado 60302 • TO 303.441.3930 - Fax: 303.441.4656 <br />Mailing Address: P,C. Box 471 - Boulder, Colorado 80306 • www.bouldercounty.org <br />October 2, 2013 <br />Bradley S. Wilson <br />Cemex Construction Materials South LLC <br />5134 Ute Highway <br />Lyons, CO 80540 <br />Dear Bradley: <br />A Notice of Conversion of the Cemex Sandstone Quarry Mining and Reclamation Permit <br />from a Limited Impact Operation (110) to a Regular Operation (112) was submitted to the <br />Boulder County Commissioner's Office on September 3, 2013. These materials were <br />forwarded to the Land Use Department for review and comment. Staff understands this to <br />relate to an existing quarry located on an unaddressed 35.5 acre parcel identified with <br />Parcel Number 120320000006. <br />In the past, the mine operated as a non - conforming use because the enterprise was on- <br />going before regulations relating to mining operations were enacted. However, the 112 <br />permit would be considered and enlargement of the nonconforming use (an increase in the <br />amount of acreage to more than 10 acres for the mining operation) and per Article 4- <br />1003(C) of the Boulder County Land Use Code, the right to continue the nonconforming use <br />would be terminated if this activity occurred without first coming into compliance with the <br />Land Use Code. <br />In order to lawfully enlarge a nonconforming use it must first be brought into compliance <br />with the current Land Use Code. According to Article 4- 508(D) an Open Mining operation <br />such as the one proposed may be allowed in the Agricultural Zone District if approved by <br />the Special Use process and the required Site Specific Development Plan is approved. The <br />enlargement of the nonconforming use shall not commence unless the required Special Use <br />and Site Specific Development approval is granted. <br />If you have any questions concerning this matter please feel free to contact me. <br />Sincerely <br />I' <br />Hannah L. Ippely, AICP <br />Senior Planner <br />Boulder County Land Use <br />hhippely @bouldercounty.org <br />720.564.2603 <br />cc: Michael Cunningham, Division of Reclamation Mining and Safety, 1313 Sherman Street, Room 215, Denver CO 80203 <br />Cindy Domenico County Comrrdssiorncxr Deb Gardner County Commissionor Elise Jones County Commissioner <br />