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III IIIIIIIIIIIIIIII • • 999 _ EL PASO COUNTY 27 EAST VERMIJO COLORADO SPRINGS, COLORADO 80903 `, August 28, 1980 ~ ~~~~ v Mr. Jim Schmieding AUG ~ ~ 1980 Mined Land Reclamation Board 1313 Sherman street, Room 423 MINED LAND RECLAMATION Denver, CO CO!0. De7t. 0! nl_•~_,_! o„~,..,.~,,,. +J Re: Transit Mix Corporation Reclamation Application ~~`~ ~ 7' ~ ~ Dear Board Member: The E1 Paso County Land Use Department has reviewed certain materials relating to the approval of the above referenced application. At the present time, it appears that any expansion of the existing operation would require special use approval by the E1 Paso County Planning Commission and Board of County Commissioners (see enclosure). In 1974, the County, in response to a reclamtion permit application, indicated that the A-2 zoning permitted resource extraction. In 1977, the County adopted a procedure requiring special use approval for all such operations. At such time, the existing operation became non-conforming, with any expansion constituting an expansion of a non-conforming use. The remedy for this is either Board of County Commissioners approval of a special use permit, thereby bringing the use into conformance, or approval of the expansion of a non-conforming use. Since neither of these procedures has been accomplished to date, it is our opinion that the operation is not presently in conformance with the current zoning. The County has no objections to approval of Che reclamation plan, however, any such approval should be made contingent upon confirmation of zoning approval. It should be noted that no operation may commence until such time as the property comes into conformance with the zoning procedures. in rely, ~~ ~ ~(.~~?L~ WILLIAM T. WILDMAN Director cc: Barton Enoch, Paul Evans Enclosure: Special use approval for mineral resource extraction