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Memo to PCPC • • <br />Re: SUP No. 1999-007 <br />5/11(2001 <br />Page 3 <br />Permit. The operation will be a wet pit, de-watered for mining, and regulated under a Mined <br />Land Reclamation Board 112 Permit, No. M-2000-041, approved June 2i, 2000. Pre-mining <br />land uses are irrigated agriculture and dry rangeland. Materials are hauled from the site <br />through the applicant's adjacent property along the river, to the main plant, which was approved <br />under Special Use Permit No. 570. <br />The applicant intends to maintain a 200-foot no-mining buffer zone from the westerly right-of- <br />way of Nyberg Road, and from the south boundary of the lease property. A minimum 200-foot <br />no-mining buffer zone shall be established along the north bank of the Arkansas River, and a <br />50 foot buffer zone shall be maintained along the west fence of the proposed site. A <br />processing plant site is proposed within the northwest portion of the lease property (Exhibit 4). <br />Mining will not occur within the processing area, which will be used for a wash plant, crushing, <br />screening, and stockpiles, or within the river. <br />The property owner intends 300 surface acres of the site to be reclaimed as a permanent lake, <br />for recreation (Exhibit 5). The scope of recreational use has not been determined. The <br />property owner must secure a legal right to store and impound water, in compliance with the <br />regulations of the State Engineer's Office. <br />PRIOR PLANNING COMMISSION ACTION <br />The Planning Commission approved Special Use Permit No. 1999-007 May 25, 1999, with 12 <br />conditions and one notation. The permitted activity had not commenced within one year, so the <br />Planning Commission reviewed the special use permit again May 25, 2000, and approved it <br />with 12 similar conditions and one notation, as follows: <br />1. Special Use Permit No. 1999-007 shall be for sand and gravel extraction, crushing, <br />screening, washing and stockpiling only within the proposed 4481 acres. There shall be <br />no blasting permitted in association with the mineral extraction activities. <br />Approval of this special use permit does not guarantee a right to reclaim and/or use the <br />site as a permanent lake, or to 'grandfather' activities or uses of the lake itself. Should <br />the Mined Land Reclamation Board and the State Engineer's Office approve the <br />proposed reclamation to a permanent lake, the applicant and all future operators and <br />land owners are hereby advised the use of the lake must comply with all Federal, State, <br />and local regulations in application at the time of, and following, complete reclamation of <br />the site. Such regulations may include, but not be limited to land use activities, water <br />rights, wetlands, special use permits, access permits, and flood plain permits. <br />Should the Mined Land Reclamation Board and/or the State Engineer's Office deny the <br />proposed reclamation of the site to a permanent lake, the applicant shall apply for an <br />amendment to this Special Use Permit pursuant to the Pueblo County Zonrrrg <br />Resolution. Said amendment application shall include submittal of a revised Mining Plan <br />and Reclamation Plan. <br />4. Access for on-site mining activities shall be restricted to existing haul roads on adjacent <br />property owned by the applicant. Use of Nyberg Road for access to or from the leased <br />property area for mining activities shall be prohibited. <br />