2012-10-04_REVISION - M2004030

• Permit No: M2004030
• IBM Index Class Name: REVISION
• Doc Date: 10/4/2012
• Doc Name: Comments
• From: Boulder County Land Use
• To: DRMS
• Type & Sequence: CN1
• Email Name: MAC
• Media Type: D
• Archive: No

Land Use
2 October 2012
Mr. Bill Tenore
T -Bone Stone Inc.
2337 Emery St
Longmont CO 80503
Dear Bill:
Cindy Domenico County Commissioner
C A,
Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel [phone] • Fax: [phone]
Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org
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The Boulder County Land Use Department has received a Notice of 110(c) to 112(c)
Construction Materials Reclamation Permit Conversion Application /Consideration for T-
Bone Stone, Inc. from the Division of Reclamation Mining and Safety on 27 August 2012.
In the past, the T -Bone Stone mine operated as a non - conforming use because the
enterprise was on -going before regulations were enacted. However, per Article 4- 1003(C)
of the Boulder County Land Use Code, the right to continue a nonconforming use
terminates immediately when the nonconforming use is enlarged.
The 112(c) permit represents an unlawful enlargement of the nonconforming use (an
increase in the amount of acreage to more than 10 acres for the mining operation) and thus
the right to continue the nonconforming use is terminated. This letter serves as the 30 day
notice of termination due to unlawful enlargement of a non - conforming use required by the
Land Use Code in Article 4- 1003(H).
In order to lawfully enlarge a nonconforming use it must first be brought into compliance
with the current Land Use Code. According to Article 4- 508(D) an Open Mining operation
such as the one proposed may be allowed in the Agricultural Zone District if approved by
the Special Use process and the required Site Specific Development Plan is approved. The
enlargement of the nonconforming use shall not commence unless the required Special Use
and Site Specific Development approval is granted.
The first step in the Special Use review process is to schedule a pre - application conference
with a Planner. This can be done by calling the Planning Division at 303.441.3930. I have
included a handout with additional information about the Special Use review process.
To appeal the determination that a violation exists to the Board of County Commissioners,
you must file a written notice of appeal with the Land Use Department no later than 30
days after the date of this notice. If you have any questions concerning this matter please
feel free to contact me via email or telephone at the information provided below.
OVER
Deb Gardner County Commissioner Will Toor County Commissioner