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the bottomland for walking, running, or simply enjoying a Nature walk. And possibly a club house and <br /> swimming pool. But she also pointed out that the facilities have not been planned at this time. <br /> On Exhibit 1,the map of the land uses within the development, shows the community amenity in the <br /> southern section of the Miller Pit floor. The area is basically Green Space which is quite appropriate <br /> with regard to the reclamation plan. Exhibit 2 which shows the approximate location of the existing <br /> road and the fill material pile shows the stockpile covers a fair portion of what will become the <br /> community amenity. So, obviously the fill material would need to be moved or it might become a part <br /> of the community amenity construction and used to elevate the land there. As the groundwater at this <br /> location is quite shallow, using the pile as fill to build the amenity could happen or it might be used <br /> elsewhere not even in the area where the pile exists. The point is that until the community amenity is <br /> actually planned one cannot say with certainty where the fill material will be used. <br /> The current final land use for the pit area, as stated in the permit, is Rangeland. That is,the land is <br /> being revegetated so it would be suitable for grazing animals even though there are no actual plans to <br /> introduce those animals. This land use was selected in 2007 when a Use by Special Review Permit <br /> was sought from Elbert County as part of an amendment to the original permit which was held by <br /> Rick Hunt who passed away a few years later. (That permit was approved on July 16, 2008.)Rick was <br /> the person who decided it should be Rangeland as he was a cattle rancher among other things. After <br /> his death the land went into Receivership held by a bank in east Denver. It then was sold as a part of <br /> Rick's estate to another party who simply allowed the mining to proceed and the final use to continue <br /> even though they had no definite plans for the land. The Rangeland final use remained even though it <br /> was then unlikely to become rangeland- its eventual use was unknown. Then, a few years ago that <br /> owner sold the land to Lakeport CF, LLC so they could develop the land for residential uses, even <br /> though the pit area obviously was not going become homes -it is within the 100 year floodplain. <br /> Through all of this Schmidt continued to mine the gravel from the pit. <br /> It is important to note that the Use by Special Review action by Elbert County was acquired because <br /> Schmidt, who was the mining contractor, wanted to amend the permit to include adjacent land further <br /> to the east to mine gravels on old stream terraces that are now essentially dry and well out of the <br /> Page 2 of 11 <br />