2022-05-10_GENERAL DOCUMENTS - M1993041

• Permit No: M1993041
• IBM Index Class Name: General Documents
• Doc Date: 5/10/2022
• Doc Name: Special Use Permit
• From: Boulder County
• To: DRMS
• Email Name: JPL
• Email Name: JLE
• Media Type: D
• Archive: No

Dowe Flats Special Use Permit Amendment Application May 2, 2022
REVIEW CRITERIA STATEMENT
A. A use will be permitted by Special Review...only if the Board finds that the proposed use
meets the following criteria as applicable:
1. Except as otherwise noted, the use will comply with the minimum zoning requirements of
the zoning district in which the use is to be established and will also comply with all
other applicable requirements.
The Dowe Flats property is currently zoned (A) Agricultural. Open mining, the existing use at the
Dowe Flats site, complies with the minimum zoning standards as outlined in the Boulder County
Land Use Code requirements for the Agricultural (A) zone district. According to Section 4-508 of
the Code, open mining is allowed in the Agricultural zone district as a use permitted by Special
Review. Dowe Flats is currently operating under permit SU-93-14. This application is to amend
the existing Special Use Permit (SUP) to allow CEMEX, Inc. to continue its present mining
operations for an additional 15 years. This extension will allow CEMEX, Inc. additional time to
remove remaining limestone and shale deposits ("mineral resources') that are still available
within the currently permitted disturbance boundary. No expansion of the permitted disturbance
boundary is proposed as part of this request.
In addition, as part of this proposed amendment to the SUP, CEMEX, Inc. is proposing to
remove 1,349± acres of land from the current SUP permit boundary. When Dowe Flats was first
permitted through Boulder County, CEMEX, Inc. included more land within its permit area than it
planned to mine. This was to provide a generous open land buffer between the mining activity
and any land owned and occupied by private citizens. While all the land in the buffer was
owned by CEMEX, Inc. when Dowe Flats was originally permitted, the ownership of several of
the parcels has since changed hands. Ownership of approximately 840 acres of land to the
west, north, and east of the mining area was transferred to Boulder County Open Space through
a Partition Agreement. Another 91± acres of land to the south of the site was sold to the City of
Longmont. CEMEX, Inc. owns the 330± acres of land southeast of the Dowe Flats mining area
and, of that, about 88 acres is preserved within a conservation easement. Although these areas
will not be actively mined, while CEMEX does not propose to include them in the new SUP,
these parcels will continue to physically function as a buffer between the mining operation and
any residential land uses without being included in the permit boundary.
2. The use will be compatible with the surrounding area. In determining compatibility, the
Board should consider the location of structures and other improvements on the site; the
size, height and massing of the structures; the number and arrangement of structures;
the design of structures and other site features; the proposed removal or addition of
vegetation; the extent of site disturbance, including, but not limited to, any grading and
changes to natural topography; and the nature and intensity of the activities that will take
place on the site. In determining the surrounding area, the Board should consider the
unique location and environment of the proposed use; assess the relevant area that the
use is expected to impact; and take note of important features in the area including, but
not limited to, scenic vistas, historic townsites and rural communities, mountainous
terrain, agricultural lands and activities, sensitive environmental areas, and the
characteristics of nearby development and neighborhoods.
With this application to amend the existing special use permit to allow Dowe Flats to continue
mining operations for another 15 years, compatibility is a topic that needs to be considered in
two phases: first, as it relates to the continued operation of the mine, and then relating to the
land to be reclaimed after mining. Below is an explanation of how the site will be compatible at
both times.
Review Criteria Statement- Page 1 TETRA TECH