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• <br /> <br />October 2000 -4- <br />BACKGROUND <br />003-2191 <br />Sedalia Land Company, Inc. has been the surface owner of the subject land since 1959 and has <br />allowed the surface to be used in conjunction with a clay surface mine operated by Robinson <br />Brick Company. No agreement was originally reached regazding the surface use and SLC has <br />now moved to incorporate the depository into the post mining land use for any future mining <br />that may be conducted by the clay mining activities and activities to remove marketable sand <br />from the site. <br />The surface mine has had minimal to no mining activity over term of the lease which began on <br />September 29, 1954. Since that time the mining activity conducted by the lessee, Robinson <br />Brick Company, lnc. (Robco), has been both sporadic and infrequent. Since inception <br />(approximately 50 years) of the lease Robco has removed approximately 300,000 cubic yazds <br />from the site. Based on representations of Robco to the Colorado Division of Minerals and <br />Geology, there are between 1.3 million to 6.0 million cubic yazds of clay material to be <br />removed from the site, making the site in disturbance for a period of 200 to 500 years, under the <br />auspices of the clay mining lease. For the five year period from 1994 through 1998, a total of <br />approximately 9,000 cubic yards of clay was removed from the site. Robco obtained a mining <br />permit from the Colorado Division of Minerals and Geology under mining and reclamation <br />permit #79-221. During the last 30 years the land has been under disturbance by Robco for <br />minimal clay mining, but there has been no reclamation of the disturbance and no proposals for <br />reclamation for the subject lands. By letter dated December 4, 1974 to Mr. George Nez of <br />Sedalia Land Company, the Board of County Commissioners of Douglas County concluded <br />that: <br />"the mine was apre-existing non-conforming use and thereby authorized by <br />Section 20XX ojthe Douglas County Zoning Resolutions, " <br />The Sedalia Facility will implement the maximum best use of the land to jointly use the surface <br />of the land, while developing the mineral estate both for extraction of sand and clay and <br />WW1191R1915ed~liaPvmi~l00~Ex Sedalia Reeycling Center and Depository <br />