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~~~ ~'~ • III IIIIIIIIIIIIIIII ~ <br />899 <br />EI Paso County Planning Department <br /> <br />RAC ~:-~ <br />August 18, 1992 ~ ~' ~ , <br />AUG 2 p ~~ <br />DIVISIvly ~. <br />MINERALS d SEC; (,,. ~, <br />Carl Herskind, President <br />Transit Mix Concrete <br />Box 1030 <br />Colorado Springs, Colorado 80901-1030 <br />Thank you for promptly providing a copy of your application to the state for Succession <br />of Operator and Application for Amendment pertaining to the Daniels Sand Pit #2. At <br />some point in the future we would like to take you up on your offer for staff to <br />participate in a site tour. <br />The application indicates, which is confirmed through records of the EI Paso County <br />Assessor, that newly acquired parcels of land are being included in the revised mining <br />permit boundaries. The Harold King property along Drennan Road was purchased in <br />1992, and the Huneke property was purchased in 1990. While the acquisition of these <br />two (2) parcels will allow for more efficient mining, relocation of the Fountain Mutual <br />Ditch, and reclamation of the site, these two parcels are not "grandfathered," or <br />considered legal nonconforming for mining use. After consultation with the County <br />Attorney's Office, it is the determination of this Department that, to implement the <br />mining as proposed, would require approval of a Use Subject to Special Review <br />application by the Board of County Commissioners after review by the Planning <br />Commission. We, therefore, consider your statement in Exhibit N of your Application <br />for Succession of Operator and Amendment that the mining is a "legal nonconforming <br />use" to be inaccurate for the entire proposed mining area, and are by this letter con- <br />veying said opinion to the Mined Land Reclamation Board. <br />We are aware of the history of the legal nonconforming status of mining in this general <br />location, and have reviewed the 1981 files regarding the appeal of the Land Use <br />Administrator's decision regarding the nonconforming status. We would be happy to <br />meet with you or your representative to discuss this further. <br />27 E. Vermijo (719) 520300 P.O. Box 2007 <br />Colorado Springs, Coloredo 60903 FAX (779) 620E396 Colorado Springs, Colorado 80901 <br />