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PosT Office Box 477 . Boulder, Colorado 80306 <br />Land Use Department <br />Courthouse Annex <br />2045 13Th Street • 13th & Spruce Streets • Boulder, Colorado 60302 • (303) 441-3930 <br />October 8, 2002 <br />Mr. John Lohr <br />Plant Manager <br />CEMEX <br />P.O. Box 529 <br />Lyons, Colorado 80540 <br />Dear Mr. Lohr: <br />RECEIVED <br />OCT 16 2002 <br />Division of Minerals and Geology <br />This responds to your facsimile of September 27, 2002, in which you request a letter <br />indicating the status of the Comex factory building and equipment as governed by the <br />Boulder County Land Use Code. You attached a partial "observation" from the Division <br />of Minerals and Geology. That information notes that "DMG stated that it would like <br />either written confirmation that the cement kiln is allowed to remain in place after <br />reclamation is completed, or a Certificate of Designation regarding the disposal of <br />Cement Kiln Dust." <br />The Boulder County Land Use Code recognizes the cement kiln and attendant equipment <br />as a nonconforming use. Ordinarily, this use requires special use review, however, in this <br />case, the use predates the regulations. Consequently, it is subject to Article 4-1003 <br />Nonconforming Uses, which I have attached for your convenience. As a matter of <br />clarification, I note that there have been various reviews involving this property. These <br />include Special Use Review SU-88-21, which allowed fire burning, Special Use Review <br />SU-Ol-08, which allowed cellulaz antennas for Quest, and Site Plan Review 5PR-97-160, <br />which allowed cellular antennas for US West and New Vector. Even so, these reviews <br />did not address the nonconformity of the kiln and its attendant equipment. <br />Please note that from a County land-use standpoint, the kiln is a nonconforming use <br />allowed regardless of any relationship to any mining activity reviewed and approved by <br />the county, as there is no connection between the use of the facility and any adjacent <br />mining areas (such as Dowe Flats, which received county special uses approval in Docket <br />SU-94-13), or other mining sites. Therefore, it follows that the use can potentially remain <br />in place indefmitely, if it continues to meet all of the requirements of Article 4-1003. <br />However, please note that Article 4-1003 requires the termination of the nonconforming <br />use if it is impermissibly enlarged or if it is abandoned (see paragraphs C., and G. in the <br />attached regulations). Further, the right to continue a nonconforming use terminates <br />immediately when the structure containing the use is damaged by an intentional act of the <br />property or structure owner or their agent (see paragraph F.). <br />Jana L. Mendez Ronald K. Stewart Paul Danish <br />County Commissioner County Commluloner County Commlssloner <br />