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Colorado Mined L~d Reclamation Board • 2 <br />Specifically, the following objections and protests are made to <br />this application: <br />1. Rule 1.3 of the Regulations provides for the public inspection <br />of all ". applications, documents, maps, exhibits .," <br />etc., filed in conjunction with a mining and reclamation permit application. <br />Rule 1.32 provides, "upon request, copies shall be provided at cost or <br />other suitable arrangements made for copying at the requestor's expense <br />. .". In this particular case, the above parties have made requests <br />for copies of the full application, including all maps and exhibits. In <br />response to this request, the Division has stated that copies could not <br />be made until after August 25, 1981, the deadline date for filing of <br />objections. The applicant has been asked for copies of this material <br />and has indicated that copies are not available. It is impossible for <br />our clients to fully and comprehensively respond to the application <br />without opportunity to thoroughly review the application documents, <br />particularly the grading plans, reclamation plan map, and other techinical <br />documents which depict the specifications of the reclamation plan. Our <br />clients do desire to obtain copies of these documents, provide them to <br />engineers and mining experts retained by our clients, and thoroughly <br />respond to the application after such review. This has been impossible. <br />Therefore, we respectfully request that the application be denied, or <br />that consideration of the application be continued until ninety days <br />after receipt of all required and requested copies by our clients. <br />2. C.R.S. (1973) 34-32-115(4)(3) provides that the Board shall <br />deny a permit if "the mining operation would be in violation of any city <br />. zoning or subdivision regulations. .". The subject property is <br />within the boundaries of the City of Lakewood. A letter from the City <br />Attorney's Office of the City of Lakewood indicates that the proposed <br />mining and reclamation would be an illegal, non-conforming use under the <br />Zoning Ordinance of the City of Lakewood. Therefore, under the statute <br />and Rules 1.56(6) of the Regulations, the application should be denied. <br />Furthermore, Rule 3.11(10) of the Regulations provides that the application <br />shall contain "a letter from the local government specifying conformance <br />with existing zoning". The application does not include such a letter, <br />and, in fact, such a letter could not be obtained as evidenced by the <br />letter from the City Attorney. <br />3. The reclamation plan submitted by the applicant describes the <br />future land use of the subject property as "pasture", and delineates a <br />reclamation plan based on such future use. The future use of the <br />subject property is not as pasture. The property is zoned A-2 (Agricultural <br />2) in the City of Lakewood. This zoning classification permits and <br />contemplates the erection of single family dwellings on lots with a <br />minimum area of one (1) acre. Southwestern Development Company has <br />platted Westridge Acres Filing No. 1 in the immediate area of the subject <br />property into one acre residential sites. The subject property is <br />homesite property, not pasture land, and should be reclaimed as homesite <br />property. Tdithout an opportunity to review the reclamation plan map <br />and other documents, our clients cannot state with specificity how the <br />reclamation plan should be modified to suit this future use, however, it <br />is obvious that some modifications to grading plans and the other details <br />of reclamation may be necessary. C.R.S. (1973) 34-32-116(k) and Rule <br />