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.' _- _ _ • III IIIIII!IIIIII III • w ~~ ~~ ~~ ~~ ~~ -' ~ TUTTLE APPLEGATE RINDAHL, Consultants for Land and Resource Development February 10, 1986 Mr. Tom Bellerd Adams County Planning Department 4955 East 74th Avenue Commerce City, CO 80022 Re: Ready Mixed Concrete Company; Tower Pit Dear Mr. Ballard: /~ '~ D INC. ~7-~ ~.^, F ~~ 1 .: i9v5 I;<; , . -... - <<,. - The Ready Mixed Concrete Company has asked us to research your letter of inquiry dated December 17, 1985. In your letter you stated that there was no record of a conditional use being granted for the parcel east of the South Platte and north of 136th. This parcel was originally a holding of Adams Aggregates, Inc. It was permitted by the State MLRD in 1974 end was given Permit No. 15. This pit is very old and originally began to be mined in 1967 Thies was prior to the Mined Land Reclamation Act that implemented the rules they operate under today. I have enclosed e copy of this permit and a copy of the reference card to it £ron the MLRD files. One point of clarification on the permit. Aa you see on the permit, an expiration date of June 30, 1979 was given. This expiration date originated et the start of the MLRD when all permits were issued for a 5 year period. Later the rules were amended to life of the mine end this permit was automatically extended. The records in the MLRD files are very sketchy and incomplete. We assume your records must also have some missing information in them also. The policy of the MLRB has been to never grant a permit for mining until County approval has been received. Therefore, in seeing that there is a valid permit for this property, it follows that some form of County review must have been given prior to MLRB approval. The MLRD has been on-site several times for {field inspections and clearly recognizes the area in question as being validly permitted. I have found no direct reference to Adams County for the area in question. However, given the lack of information found in the State MLRD files, it does not mean there has been no review. I would also offer the wording in the Adams County Zoning laws regarding conditional use. The subject property lies in the Mineral Conservation Overlay District as defined by Adams County. Section 11.330 specifically states "Any plan being followed under previous regulations shell fulfill its requirement." This mining plan has been in effect since 1967 and has been permitted by the State since 1974. 11990 Grant Street Suite 410 Denver, Colorado 80233 452-6611