GENERAL44420

• Permit No: M1976032
• IBM Index Class Name: General Documents
• Doc Date: 1/16/1998
• Doc Name: MEMO TELLURIDE GRAVEL EXPANSION OF MINING & MINERAL PROCESSING OPERATION
• From: SAN MIGUEL CNTY PLANNING DEPT
• To: DAVE SCHNECK STEVE SWICK MIKE HORNER DMG & USFS
• Media Type: D
• Archive: No

RESOLUTION OF THE SAN bIIGUEL COUNTY BOARD OF COivni IISSIONERS
CONCERNING THE ZONING STATUS OF TELLURIDE GRAVEL'S
OPERATIONS AT THE ALEXANDER PIT IN II.NM VALLEY
Resolution No. 1997 - 56
WHEREAS, the San Miguel County Board of Commissioners, by a letter dated March
31, 1997, notified Telluride Gravel, Inc., that the company's gravel mining, processing, and
related activities, located at the "Alexander Pit" in Ilium Valley, within the unincorporated
area of San Miguel County, appeazed to be an unpermitted use in violation of the applicable
county zoning requirements as sec forth in the County's Land Use Code, and that Telluride
Gravel had until July 1, 1997 to begin the process of bringing its llium Valley operations into
compliance with the County Land Use Code requirements; and
WHEREAS, Telluride Gravel, by a letter dated June 30, 1997 from its legal counsel,
Berryhill, Cage & North, P.C., responded to the allegation that its current gravel mining,
processing and related activities were in violation of the County Land Use Code, contending
that such operations were exempt from the County's zoning authority because they qualified
for treatment as apre-existing nonconforming use under applicable Colorado law and the
County's regulations; and
WHEREAS, the Board of County Commissioners has conducted a series of public
meetings, at which County staff, representatives of Telluride Gravel, and members of the
public have presented testimony and documentary evidence concerning Telluride Gravel's past
and present operation at Ilium Valley; and
WHEREAS, the Boazd of County Commissioners having considered the evidence
presented at the public meetings concerning the alleged pre-existing nonconforming use status
of Telluride Gravel's Ilium Valley operations, does hereby find that there is competent
evidence that some of Telluride Gravel's present uses and structures at Ilium Valley qualify as
pre-existing nonconforming uses, which may legally continue without obtaining county land
use permits and/or approvals pursuant to the Land Use Code and that some of Telluride
Gravel's past and present uses and structures at Ilium Valley do not qualify as pre-existing
nonconforming uses and may not Iegally continue without obtaining county land use permits
and/or approvals in accordance with the County Land Use Code; and
WHEREAS, the Board of County Commissioners does hereby find and determine that
there is competent evidence in the record that the following specific operations and associated
structures at Telluride Gravel's Alexander Pit Operations in the Ilium Valley, as specifically
located and described on the survey plat and maps of the Alexander Pit submitted by Telluride
Gravel, a copy of which is attached hereto and incorporated herein by reference as Exhibit
"A", qualify as pre-existing nonconforming uses: sand and gravel mining, processing of
material mined from the Alexander Pit and material imported from off-site, concrete batching
and production, manufacture of precast concrete produce, stockpiling of processed and
unprocessed materials, storage and pazking of equipment, materials, and vehicles associated