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2009-04-27_REVISION - M1977210
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2009-04-27_REVISION - M1977210
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Last modified
6/16/2021 6:12:44 PM
Creation date
4/28/2009 11:25:34 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977210
IBM Index Class Name
REVISION
Doc Date
4/27/2009
Doc Name
Response to Adequacy Questions
From
SES
To
DRMS
Type & Sequence
TR3
Email Name
BMK
Media Type
D
Archive
No
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limiting the permits as to any nunber of acres. The reasonable <br />interpretation is the pernit is, for the full acerage owned by <br />the permit seeker. If the entire tract of Castle was in a zone <br />where mining was allowed, it would follow that the zoning reso- <br />lution is speaking in terms of total acreage, not the size of <br />the shaft opening or the quarry opening. This means that, the'• <br />area that can be worked from the quarry opening at the time <br />the miring was allowed by the zoning can be worked until the <br />are reserve is depleted. A zoning resolution ttiusCbe fnterprete <br />in a reasonable manner. . <br />Castle owns'_eighty acres in one mining' locition;"that <br />ground across in William's Canyon is a separate tract And.shoule <br />that area be mined, a pernit would be required. ' <br />I conclude that there was a vestsd right to mine the <br />land'at the time the quarry was established. <br />Accordingly, I hold that the proper interpretation <br />of the zoning resolution requires no permit for the eighty-acre <br />tract wherein the present quarrying operations are.taking place <br />zrd have taken place since before Castle acquired tha land.- <br />, . ? .. <br />WHERE'FOIRE,' IT IS ORDER3D that Castle Concrete Compan; <br />try operate its quarry in the E 1/2 of M4 1/9 Section 32, Rant <br />67 West of 6PM in Township 13 South without permit'or approval <br />of location by the El Paso County Planning Commission. <br />??•' J <br />Done in chambers this /a day of AA?G'[.+?1.., <br />state of Fcr;=dc, MIXITY t f gt Pb. s .. . <br />CadjG1J:tn td'a OUR 131 T S 4YlLCGf?S; MI. CALVE,°,T <br />COPY gt iba odd al-sn Q1'r ca>:ocY• • + <br />'y <br />tl 8 {980'• . William td. Calvert, District Judge <br />?^ . <br />MCI,, 0 <br />r:` n-
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