2024-08-05_REVISION - M1986123 (4)

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acre lake. These lakes would have aesthetic appeal to the surrounding area and could potentially be utilized by area residents as a public open space area with walkways around the lakes and recreational fields. Alternatively, Coulson is considering filling and developing portions of the Property into residential lots. C. Procedural History 1. Use by Special Review Application Coulson first purchased the Property in 1993 with the intent of mining for sand and gravel. Coulson submitted its first sketch plan for a sand and gravel mine to Larimer County (the "County") in January 2001 and submitted a formal application for a Use by Special Review in August 2002. Coulson has continually updated the Application since 2002 in order to keep the Application in the public record and to provide constructive notice to property owners in the area of its intended use of the Property. Specifically, from 2004 through 2008, Coulson submitted, and the County honored, regular requests to extend the Application. In 2009, per the County's request, Coulson submitted updated Project documents and paid a new application fee for the Project to keep the Application current and active. Coulson has worked with the County and other interested parties to address various concerns with the Application while waiting for market conditions to justify the cost of mining on the Property. 2. Other permits and approvals on the Property Coulson has already taken several steps to secure the necessary permits required for the Project including, but not limited to: securing approval of a mining and reclamation permit from the Division of Minerals and Geology, now known as the Colorado Division of Reclamation, Mining and Safety, which is included in the Application; submitting a mining operations air pollution emissions notice application to the Colorado Department of Public Health and Environment ("CDPHE"), which is pending approval (See Exhibit B); and submitting a permit application for discharges associated with sand and gravel mining and processing from CDPHE, which is also pending approval(See Exhibit C). i 3. Changes to the surrounding area i I While the Application was pending, Johnstown initiated annexation of land adjacent to the Property to the north, south and west to facilitate residential development. Coulson formally objected to the annexation and notified Johnstown of its pending Application to mine sand and gravel on the Property. Despite Coulson's objections, Johnstown completed the annexation. jResidential development began as two separate developments, Thompson Crossing and i 3 43