Mineral Extraction Plan Update

Update: Mineral Extraction Plan Hearing Before the Planning Commission

The draft 2019 Mineral Extraction Plan will be reviewed by the Douglas County Planning Commission on January 14, 2019 at 6:00 p.m. The public hearing will take place in the Commissioners Hearing Room, 100 Third Street, Castle Rock. The Planning Commission will make a recommendation to the Board of County Commissioners.

By State statute, a Mineral Extraction Plan is approved by the Board of County Commissioners. A hearing date for the Board of County Commissioners hearing has not yet been established. View the Planning Commission Mineral Extraction Plan Staff Report (Final Draft)

An amendment to the Mineral Extraction Plan, a sub-element of the Comprehensive Master Plan

The Douglas County Mineral Extraction Plan (MEP), a sub-element of the Douglas County Comprehensive Master Plan (CMP), was adopted in 1990 and has not been updated since that time. Planning Services staff, with the concurrence of the Planning Commission, initiated an amendment to streamline the document in accordance with the CMP’s Section 11-3, Amendments and Updates.

State statutes require that larger jurisdictions adopt a MEP. The County’s MEP was developed in accordance with the requirements of the Preservation of Mineral Deposits Act (“Preservation Act”), adopted by the State legislature in 1972 (C.R.S. 34-1-301), as well as relevant case law established by the Colorado Court of Appeals. Pursuant to statute, the MEP does not include or address the extraction of oil and gas.

The MEP was created to plan to support development and preservation of “commercial mineral deposits”, which are defined in §34-1-302 C.R.S. as “a natural mineral deposit of limestone used for construction purposes, coal, sand, gravel, and quarry aggregate, for which extraction by an extractor is or will be commercially feasible and regarding which it can be demonstrated by geologic, mineralogic or other scientific data that such deposit has significant economic or strategic value to the area, state, or nation.”

Why does it need to be streamlined?

Shortly after its adoption, the MEP’s goals and policies were integrated within County regulations and review processes, including the Use by Special Review (USR) and Matters of State Interest regulations. The goals and policies are supported through requirements for road improvements, grading and erosion control, and the Douglas County Zoning Resolution (DCZR) Section 18A Water Supply Requirements, as examples. Improved clarity and efficiency will be achieved through elimination of redundant materials and excessive background material. This will improve the review process for the public, applicants, regulatory agencies, and review bodies.

Review Process

Planning Services developed a draft MEP. This draft was sent out for community review and comment through the referral process in early 2018. A community meeting was held to:

  • Provide an overview of the existing mineral extraction regulations
  • Answer questions concerning the MEP and update process
  • Provide an opportunity for comments

Representatives of the mineral extraction industry were also notified of the community meeting.

Additional documents related to this application, including the currently effective 1990 MEP, and public and referral agency comments, are included in the Planning Commission staff report. These are also available for review through Douglas County Project Records Online (PRO).

Referral and Comment Period

As referenced under the Review Process, the draft MEP will be sent through a 35-day land-use referral process in mid-January 2018.

Additional documents related to this application, such as public and referral agency comments, will be available for review through Douglas County Project Records Online (PRO).