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Page 2 of 3 <br />(b) has operations that exceed five consecutive days or 14 days total, and /or (c) <br />utilizes blasting." <br />At staff's meeting with you on 14 June 2012, there was discussion that the use did not exceed <br />10 acres. However, the map provided shows an operational area of 18 acres and, per the <br />112(c) application, the use covers approximately 25 acres. The use clearly exceeds the 10 -acre <br />limit in the Code for consideration as a Limited Impact Open Mining Use, and therefore does <br />not qualify for Limited Impact Special Review consideration. Rather, the use, with a total <br />operational area in excess of 10 acres, triggers Special Use Review as an Open Mining Use <br />under Article 4- 508(D). <br />3. Staff finds that because the use cannot qualify as Limited Impact Open Mining (and must be <br />reviewed through the Special Use Review process as an Open Mining Use), the use is not <br />eligible for the Limited Impact Open Mining exceptions per Article 4- 508(A)(5). However, even <br />if Limited Impact Mining were the proper use category at issue here, the mining operation <br />would not meet the provisions for an exception anyway. Article 4- 508(A)(5)(a)(ii) states that <br />an exception is available for "(t)he extraction of sandstone where such extraction does not <br />exceed a total of 3600 tons in any 12 month period." <br />Article 18 -146 of the Land Use Code r defines 'Extraction' as: <br />"The removal of any earth materials from places of natural occurrence to surface <br />location. 'Extraction' shall not include 'prospecting' activities involved in the act of <br />searching for or investigating a mineral deposit as defined under the State Mined Land <br />Reclamation Act. However, it shall include activities involved in the development of a <br />mineral deposit once found as defined under the State Mined Land Reclamation Act, <br />including but not necessarily limited to preparing the site for mining, defining further <br />the mineral deposit by drilling or other means, conducting pilot plant operations, and <br />constructing roads and other facilities accessory to mining (See 34 -32 -103, C.R.S., as <br />amended.)" <br />The letter provided by Mr. Byrne states that the use produces a total of 3,520 tons of <br />sandstone per year (110 pallets per week * 2 tons per pallet * 32 weeks of production per <br />year). However, when discussing tonnage, the Land Use Code speaks to total "extraction" of <br />material, not just finished product prepared for sale (palettes). <br />The letter from Mr. Byrne states that "in the ground, sandstone is tight within its formation. <br />The process of quarrying the stone produces more rubble than finished stone." Based upon this <br />statement, it would appear that the mine would produce at least as much waste material as <br />saleable finished product during the extraction process. Therefore, it is extremely unlikely that <br />the use would result in less than 3600 tons extracted (including finished product as well as <br />waste byproducts) in order to be eligible for the exception. <br />