|
JOHN KLOMP
<br />COMMI9910NER 0151 NO I
<br />DR. RICHARD A. MARTINEZ
<br />COMMI9910NER 019T NO 2
<br />KATHY PARLEY
<br />COMM19910NER D19T NO 3
<br />April 13, 1997
<br />KATHY PARLEY
<br />CHAIRWOMAN OF BOARp
<br />GARY L. PETERSON
<br />DIRECTOR, OFFICE OF BUDOET
<br />TERRY A. HART
<br />COUNTY ATTORNEY
<br />RECEIVED
<br />APR 15 1991
<br />t=NViRONpAf_NT INC.
<br />Mr. Steve O'Brien
<br />7985 Vance Drive
<br />#205A
<br />Arvada, CO 80003
<br />
<br />.a,~
<br />~II II~II~II~II~~ II~
<br />~: sss
<br />
<br />DEPARTMENT OF PLANNING AND DEVELOPMENT
<br />Re: Siloam Stone Mineral Extraction Section 36. T21 S. R68W
<br />Dear Mr. O'Brien:
<br />I have reviewed the records within the Department of Planning and Development, and
<br />have found that a valid Non-Conforming Use Certificate was issued to Summit Pressed
<br />Brick and Tile for mining within Section 36, T21 S, R68W, 6thP.M. The County of
<br />Pueblo, Building Department Certificate of Occupancy, for property located at Siloam
<br />Road, South of Highway 96 West, legally described as the E'/: SW'/<, W %z SE'/,, Sec.
<br />36, T21S, R68W, 6'" P.M., was issued on November 15, 1977, by Matt Kochevar
<br />signing as Building Inspector. The Certificate indicates the use as "Clay Mining -
<br />Nonconforming Use" meaning that the use had been established prior to January 6,
<br />1967, when the Pueblo County Zoning Resolution was adopted for this area.
<br />In addition, it appears the State Board of Land Commissioners issued an opinion in a
<br />letter dated 11-1-77, from TE Bretz to Miss Marlo Neher, that the several leases for
<br />mining activity numbered 1414, 1823, and 2294 (letter reads 2294, but I believe its a
<br />typo and should be 2274) were being considered as one continuous lease existing
<br />since 1959. These leases were issued upon the 160 acres within the E'/~ SW'/., and
<br />the W'/: SE Y. of Section 36. Lease 2279 appears to have been issued 6-14-73, for
<br />Rip Rap, road metal, ballast, decorative rock and building stone removal upon 640
<br />acres within the entire Section 36.
<br />As we discussed previously, the Zoning Resolution does not currently distinguish
<br />between the categories of minerals which might be extracted (i.e. sand, gravel, clay,
<br />rock, or stone). The nonconforming clay extraction permit, such as this location has
<br />been granted, would clearly provide for clay extraction, however, the Zoning Resolution
<br />of 1967, also did not provide a definition of clay, minerals, or mineral extraction, such
<br />1120 COURT STREET, ROOM 200
<br />PUEBLO, COB 1003-2819
<br />(719) 583-6100 .~
<br />FAX: (719) 583-6376 ~I~P"^~~~'RKxlee vao^~
<br />BOARD OF COUNTY COMMISSIONERS
<br />
|