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I Mark A. Heffner, Plant Ec~st • Va{{elutien ccolo6ry 37 East Colorado Avenue III II~IIIIII IIII'll IV.andJe~w atiMOnalysannin Denver, CO 80210 p F (303) 722-9067 (Voice and Fas) 999 Environmental forensic photugrnphy September 30, 1992 Larry Oehler Division of Minerals & Geology 12ttt 215 Centennial Bldg. 1313 Sherman St. Denver, CO 80203 RE: Dear Mr. Oehler: 1 I~r~~! Y ~.. OCT 0 21992 DIV15i~lw ;_~ MINERALS & UEu~ Yesterday, Bud Herskind and I met again with the EI Paso County Planning Department and with Beth Whittier, County Attorney. The purpose of the meeting was to further discuss the Special Use Permit requirements, Beth Whittier indicated that technically there was no need to acquire a special use permit for the entire operation as much of the area included in the amendment is covered by the non- conforming use. However, for the land that is not included in the non-conforming use approval granted previously, a special use permit is requued. It was agreed that applying for a special use permit for just the land outside the non-conforming use approval, an area of about 20 acres (about 5 `qo of the entire amendment area), did not make a great deal of sense and probably would look quite adversarial to the County Commissioners. It was therefore decided that a special use permit would be sought for the entire permit area, including the area currently covered by Castle Concrete's Sand Pit permit. At this time it does not appear that a great deal of change would need to occur in the amendment application before you now, but I can provide no assurance that major changes would not be needed after the county completes their analysis. Meeting the time lines dictated by the reclamation law, which you administer, could be met, but there is a good chance that whatever approval you provide might need to be altered after the county consideration. 1t is recognized that a few years ago the legislature disjointed state and local government considerations, but in this case it does not appear that keeping the actions totally separate is efficient from your point of view or from the point of view of my client, Transit Mix Concrete. titlt"` . ;~ '1'te fete at ~ ~tieaattee caxaeE ~" d~liaed at tfiis tittle because if is not frown exactly hciw tong it will take to complete the special use consideration.