Laserfiche WebLink
18 <br /> center in the area for senior citizens. <br /> Mr. Weaver stated that topsoil would be stripped during the <br /> land-leveling/gravel removal portion of the operation, then <br /> replaced for a post-mining use of pasture land. <br /> Staff said Division would not consider the proposed activity <br /> as mining. <br /> The Board issued a Declaratory Order stating that no permit <br /> would be required for the activities, as presented today. <br /> Board Chairman Stewart recessed the Board Meeting for dinner <br /> and stated that the Board would reconvene at 8 :30 p.m. <br /> The Board convened in Executive Session in order to hear Item <br /> 3, regarding Yampa Coal Company. <br /> 15 . FORMAL PUBLIC HEARING <br /> THOMAS A. AND MARGIE E. WHITTINGTON File No. N/A <br /> Staff presented a September 9, 1993 petition from the <br /> operator, including pictures, and copy of a subdivision plat <br /> of the property in question. Staff said the operator' s <br /> request was that the Board find that the removal of 500 tons <br /> of moss rock would not be considered mining. <br /> Mr. Tom Whittington, the landowner, and Mr. John Bucknam, <br /> assisting Mr. Whittington, were present and answered questions <br /> from the Board. <br /> Mr. Whittington stated that a portion of the property includes <br /> three, 5-acre lots which will be sold with the subdivision <br /> when it is finalized on October 4, 1993 . He said the property <br /> in question has been purchased and that he plans to have it <br /> platted for a residential subdivision. <br /> It was explained that the Board usually defers its <br /> jurisdiction to local, government permits which guarantee an <br /> end-use of the land, e.g. , a building permit, an excavation <br /> permit or a county special use permit. Mr. Whittington stated <br /> that the property is within the Town of Lyons and that a <br /> building permit would be required to construct a building. He <br /> said that the town or county does not have a provision for <br /> permitting moss rock removal. Mr. Whittington stated that he <br /> does not currently have a building permit. <br /> Mr. Whittington stated that the moss rock would be used in the <br /> development of the property and that some of rock would be <br />