2017-04-20_PERMIT FILE - M2009074

• Permit No: M2009074
• IBM Index Class Name: PERMIT FILE
• Doc Date: 4/20/2017
• Doc Name: Permit Document
• From: Pueblo County
• To: DRMS
• Email Name: ERR
• Media Type: D
• Archive: No

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TERRY A HART r-r -
CHAIR _ -----------— �- +-_-�:�� ' GARRISON ORTIZ
«' ^ COMMISSIONER
DISTRICT 1 ___ ._ _ DISTRICT 2
SAL PACE a' JOAN ARMSTRONG
CHAIR PRO TEMP ,� :I ,:� ". DIRECTOR
DISTRICT 3 I i [e-mail]
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PUEBLO COUNTY
DEPARTMENT OF PLANNING AND DEVELOPMENT
April 20, 2017 DECEIVED
Vi1 dMail
Elliott Russell, Environmental Protection Specialist APR 2 0 2017
Colorado Department of Natural Resources DIVISION OFRECLAM^TIf,
Division of Reclamation, Mining and Safety MINING AND SA '."Y
1313 Sherman Street, Room 215
Denver, CO 80203
RE: Special Use Permit No. 228 (Also Known As Special Use Permit No. 1973-015 for filing
purposes only) Reclamation Permit No. M-2009-074 (Orr Pit)
Mr. Russell:
It was brought to our attention through the Mined Land Reclamation Board Meeting, Tentative
Agenda, for Thursday, April 27, 2017 that there will be an enforcement hearing for Permit No.
M-2009-074. The Department of Planning and Development has reviewed the possible
violations as listed in the staff summary form for consent agenda items (summary form) in which
the operator conceded to on April 13, 2017 and the Minerals Program Inspection Report
(inspection report) dated March 1, 2017. Some of the violations or items found also need to be
addressed by the property owner through the Department of Planning and Development
(Planning).
One of the corrective actions listed in the summary form states:
Require the Operator to file a conversion application to increase the size of the current
11Oc Reclamation Permit to include the affected lands outside of the approved permit
boundary. The Operator shall file the conversion application within 90 days of the
mailing date of the Board Order, with all material in an approvable form within 180 days
of the mailing date of the Board Order. The conversion application shall include
information regarding the importation of material for processing and/or backfilling.
In 2013 the Land Use Inspector contacted the property owner and operator regarding the
transporting and processing of inert natural materials such as concrete and asphalt for recycling
on the property not being an allowable use in the A-2, Agricultural (minimum 5 acre) Zone
District. In order to conduct this type of use which is currently not a use-by-right or use-by-
review in the A-2 Zone District the owner will need to submit an application for a Similar Use
Determination. This requires the owner request a "similar use determination", where the
Planning Commission will determine whether the processing of inert material is similar to uses
now allowed in the Agricultural One and Two (A-1 and A-2) Zone District, within Title 17, Land
229 WEST 12TH STREET PUEBLO,COLORADO 81003-2810 [phone] • FAX[phone]