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gloa Boa ~7, • Bouidar. Cdoraao lOJOA <br />land Use Department <br />lOW v~.n sttis, . , M a save. Sn••b . fan..,now. s.MC.. M,raiq, ana aa~d . Saar. eaaoao av~ . (7w> u,.av7o <br />April 28, 1492 <br />Mr. Swede Johnson <br />Chrisman, Bynum and Johnson <br />Suite 500 <br />1401 walnut street <br />Boulder CO 80302 <br />Re: COM, Inc. Gold Hill Mill use <br />Dear Mr. lohtsson: <br />The Land Use staff hat reviewed your cliera's requdt for further cosssideration of the zoning <br />determination regarding imported ord. It has beets the historic interpretation of the County that the <br />milling of ore, imported to the site, regazdlev of ownership constitutes an industrial use and is <br />therefore not allowed in the Forestry zoning district. You specifically asked that staff further <br />examine this interpretation of this term, specifically a, it relates to affected lands and m construe it <br />to mean ownership. we are unwilling at this time to make that interpretation. <br />The position of the Land Qx Depa<vrrm is as follows: <br />Subsurface ruining is as allowed principal ux in the Fordtry District, Article 3-101(5) of <br />Boulder County ZoNng Ruolafon. Subsurface mining is defined in Article 28-284 of <br />Boulder County ZoNng RtsoGrAbn. Mining operation is defused in Article 28-254 of <br />Boulder Couruy Zoning Ruohrrdon. 'ITse defutition of mining operation clearly anticipates <br />the accessory ux of the property for milling and processing of ores from affesded lands. The <br />position of the Lard Use department is that affected larsds are throe lard in the immediate <br />vicinity and are a part of the mining operation. This dod rsot include lands in the same <br />ownership or control, but not in the immediate vicinity or a part of the same mine complex <br />or operation. <br />Should you choose to appeal this interpretation, as provided for in Article 26-101(1} and 2&102(1) <br />of Boulder Cowry Zoning ltetolur/on, be advised that you have 30 drys from the date of this letter <br />to submit an appliation to the Board of Adjustment. If I may asset you in submitting an application <br />or answer an questioro please contact sn here. <br />._....._ c~,rsly_ <br />obe He <br />Planning Manages <br />Operational/2.oning <br />xc: Bazbaza Andrews, Assistant Courty Attorrsry <br />Mrs. Gwen Fraser, COM, Inc. <br />file <br />Santa rw„» Ronda K sswvt s+on,ar Papa <br />CaunN Commnfanw Car+,v Gonr,a•aw co,nM Can++rvr <br />