REV91721 - Laserfiche WebLink

Home Browse Search

MASSEY 3EMENOFF STERN ~ ScsanRZ, P.C. Ms. Erica Crosby ' March 13, 2000 Page 3 1 Division faces unrelated neighboring landowners that may have future disputes regazding damage caused to structures by mining operations. Rule 6.4.19 is intended to protect the Division from becoming either liable for, or entangled in such disputes. This situation is not I presented where Westem Mobile subsidiary companies may also be structure owners at Lyons. ^ DMG Adequacv Item No. 7 -Post Mioine Land Use With the possible exception of Section 34-32.5-116(4)(m), C.R.S., we are unaware of any prohibition in the Construction Materials statute or rules that requires an applicant to pick a single post-mining land use, particulazly where multiple complementary uses may be presented. That stated, Item No. 10 of Westem Mobile's June 1999 Regular (112) Operation Reclamation Permit Application Form clearly states that the "primary post-mining land use" is "wildlife.i4 This specified post-mining land use applies to the land west of the Bartley Homestead, north of Foothills Reservoir and north of the Miller Pit. ^ DMG Adequacv Item No. S - LeEal 12ieht to Eoter Owned by Western Mobile Subsidiary Companies and property owned by Southdown, Inc. and Frontier Materials. Inc. Certain of the property subject to Amendment 006 is owned by Mineral Reserves, Inc. and Mobile Premix Concrete, Ines The first response to amendment application adequacy issues supplied to your office by Hart Environmental on December 23, 1999 included an Attachment 13. This attachment set forth three Certificates of Corporate Secretary that clarify that Westem Mobile, Inc., Mineral Reserves, Inc. and Mobile Premix Concrete, Inc. are all wholly owned subsidiaries of Lafarge Corporation. Attachment C to this letter sets forth a Certificate of Corporate Secretary confimring that Westem Mobile Boulder, Inc. is also a wholly owned subsidiary of Lafarge Corporation. Attachment D to this response includes a letter dated February 22, 2000 from M.L. Tucker, Esq. ° While Section 34-32.5-116(4)(m) could be read very narrowly to require an applicant to specify only one post-mining land use, there is no overriding reason why this statutory provision should be so interpreted, particularly where, as in this case, multiple post-mining land uses fully complement one another and are consistent with the reclamation commitments specified in local land use approvals. See e•e'. Special Use ("SU") 96-18 for the Lyons Project, adopted by the Boulder County Board of County Commissioners in Resolution 98-32 on August 20, 1998 in conformance with Article 4 of the Boulder County Land Use Code. Attachment B to this response is a certificate from the Colorado Secretary of State's Office confirming that Westem Paving ConstruMion Co. was merged into Mobile Premix Concrete, Inc. on January 2, 1997. Therefore property within the Lyons project azea previously referenced as under Western Paving Construction Co.'s ownership, is now under the control of Mobile Premix Concrete, Inc. The parcels owned or otherwise controlled by Mineral Reserves, lnc. and Mobile Premix Concrete, Inc. are set forth in Exhibit O, "Adjacent Surface Owners Map" attached to the Hart Envvonmental response to Adequacy Review No. 2.