Director's determination finds the Special Use for the Martin Marietta gravel mine east of Lyons has lapsed

Boulder County, Colo. - Dale Case, Director of Community Planning & Permitting, has reversed his April 11, 2018 determination and finds the Special Use for the Martin Marietta gravel mine east of Lyons has lapsed.

The Director reconsidered his determination because, in an April 21, 2021 decision the Colorado Court of Appeals remanded the decision back to the Director for further consideration. The Court ruled the Director initially erred in his decision and gave direction on what constitutes mining activity under a Special Use Permit. Based on the Court's direction and further information submitted by Martin Marietta and Save Our St. Vrain Valley, the Director determined the permit has lapsed.

The existing gravel mine was proposed by Martin Marietta’s predecessor on approximately 881 acres and was approved in 1998 and mined between 1998 and 2006. However, since 2006 no mining has occurred on the site. Under the Boulder County Land Use Code, a Special Use lapses if there is no activity under the permit for any continuous five-year period. Therefore, for Martin Marietta or any other company to establish a mining use on the parcels, they must meet the current Code provisions and receive approval through the Special Use review process. When a permit lapses, the property owner may apply to the Board of County Commissioners for a new permit, which process allows for public hearings before the Board makes a decision.

The Director's determination that the approval has lapsed may be appealed to the County's Board of Adjustment during the next thirty days (by May 27, 2022).

View more information on the county’s Martin Marietta Materials Inc. SU-96-18 webpage.

Documents:

• Director’s determination letter, April 27, 2022
• Colorado Court of Appeals decision in Save Our Saint Vrain Valley, Inc. v. Boulder Cty. Bd. of Adjustment, 2021 COA 44