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Date: November 28, 2012 [sic] <br />Statement of Reasons for Appeal /Grounds for Objection to Decision <br />SPECIAL USE PERMIT APPEAL NO. 2011 -002 <br />STAFF REVIEW 11 -30 -2011 <br />Received on Monday 11/28/2011 2:43 PM <br />Parcel No. 4835000035 <br />Received by: DJG <br />Special Use Permit Appeal No. 2011 -002 <br />To: Director of the Pueblo County Planning and Development Department <br />Subject: Appealing decision to approve Special Use Permit No. 2011 -009 <br />Decision rendered at public hearing held November 15, 2011 <br />From: Gale Johnson, et al <br />This document is being submitted under 17.140.102 Consideration of Appeal. It addresses <br />items listed as A, B, C, D, and E in the Appeal Process. <br />A. There is no application of a similar nature on file with the county. The Pueblo County <br />Planning Commission (Board) has rarely voted against recommendations put forth by its <br />experts at the Department of Planning and Development (DPD). This rarity was confirmed <br />by inquiries made to DPD. Noting the uncommon nature of the permit, it is unclear why <br />recommendations coming from experts with DPD were disregarded. <br />B. Those in opposition to the permit are not addressing the regulatory authority of Pueblo <br />County or using it as the basis for appeal. <br />C. The decision appears to be in conflict with DPD recommendations. The DPD has expert <br />knowledge of the Pueblo County Comprehensive Plan. <br />D. Those in opposition to the permit are not addressing the overall regulatory policy of the <br />Board or using it as the basis for appeal. <br />E. See grounds for objection below. <br />1. Rock Picking Mine Activity - Parameters on use and restoration <br />✓ Army Corps of Engineers statements (see Department of Planning and Development <br />(DPD Staff) Memorandum dated November 1, 2011, to Pueblo County Planning <br />Commission, Page 7): Regarding project approval, Mr. Christopher Grosso, Regulatory <br />Project Manager with the Army Corps of Engineers "... stressed that the applicant should be <br />aware that these comments relate only to the rock picking [bold added] and should the <br />applicant do anything else, such as place the future residence near Greenhorn Creek, the <br />Army Corp will want to review the project again." <br />✓ Applicant statements (see September 20, 2011 PCPC Exhibit No. 1): "The mine is a <br />ROCK PICKING (OPERATION) from the surface of the mine site clearing the land for other <br />post mining uses. ...The proposed mine will be reclaimed to be harmonious with the <br />environment as it is today.... This will clear the landowner's property for residential use." <br />The applicant estimates 5 -7 years as the economic life of the mine, independent of <br />restoration. <br />At the November 15 Pueblo County Planning Commission (PCPC) Meeting, the applicant <br />repeatedly presented the mining operation as an integral part of plans to build an <br />8,000- 10,000 sq. ft. residence at the mine location and to restore the land for snowmobile <br />and trail use. The applicant also raised the possibility of subdividing the property. <br />✓ Appeal Comments: A Board member asked why the applicant would wait 7 -10 years to <br />build their "dream home ". The disturbed mining area shows no evidence of stakes for a <br />Page 1 of 4 <br />PCPC <br />EXHIBIT NO. <br />4 <br />11 -15 -2011 <br />