Martin Marietta’s Special Use Permit

MMM Hygiene propertyBoulder County’s Citizen Access website has information on file from the previous approval, and will be updated as more information is received. Select ‘Documents’ under the ‘Record Info’ tab.

The following is a brief history that S.O.S.v.v. members have compiled about Boulder County land use approvals for mining operations at the “Lyons Pit.”

  • Docket 476 was approved to open the Rockin’ WP Pit (Western Paving).  The pit consisted on 194.23 acres.  Up to 10% of material excavated was permitted to be hauled by truck, the remainder by rail.  The hours of operation were limited to 7 am – 6 pm, Monday through Saturday. Approved August 30, 1973.
  • Amendment 2 approved revisions to original mining and reclamation plans and also allowed for the addition of a portable crusher.  Approved August 22, 1977.
  • Amendment 3 allowed for an additional 43 acres and added Lake 4 (a sealed reservoir) to the mining area.  The estimated annual production was 500,000 to 600,000 tons.  The hours of operation were modified to 7 am to 5 pm, Monday through Saturday.  Approved February 7, 1985.
  • Special Use 80-26.  Western Mobile Inc. leased the 115-acre Gregory (a.k.a. Miller) Pit.  Conditional approval was granted to the company to mine on August 24, 1981.  The lease expired and Frontier Materials purchased the lease area from Ron Gregory.  Approved January 15, 1981.
  • Special Use 80-26, Amendment 1.  Frontier Materials began to mine the Gregory Pit as the operator.  This amendment was conditionally approved October 2, 1984.  Western Mobile, Inc. leased the land back from Frontier to mine. Western Mobile eventually acquired Frontier in 1992. Approved September 1984.
  • Special Use 92-1.  The Miller Pit amendment, conditionally approved by the Boulder County Commissioners allowed for the following:  Western Mobile Inc.  as the operator; truck haul restrictions of 200 average daily trips, with a maximum of 240 daily trips; and a life of the mine of approximately 10 years (1992-2002).  Approved May 26, 1992.
  • Special Use 96-18.  The Lyons Comprehensive Land Use amendment allowed for a mine life of 30 years beginning January 2003.  The 30-year mining area will begin following the completion of mining of the Miller Pit.  This special use permit repealed all previous docket items and special use approvals consolidating the special use history pertaining to the Lyons (Rockin’ WP, Miller Pit et al) with the county.  From this point forward, in county documents the pit is only referred to as the Lyons Pit.  Approved August 20, 1996.
  • January 22, 1998, Resolution 98-32 conditionally approved Docket # SU-96-18. Resolution adopted 20 August 1998.
  • Boulder County Open Space entered into an agreement with 
Western Mobile to purchase all company owned land over a phased period of time, beginning in 1998.
  • Special Use 96-18.  Phase I of the mining plan approved in Docket SU 96-18 is withdrawn by Lafarge and is no longer a part of the Docket’s special use approval.  Clarifications are added to Resolution 98-32.  October 17, 2006.
  • In 2011 the properties were acquired by Martin Marietta Materials, LLC.
  • Request to Approve Site Plan, SU 96-18, Martin Marietta Materials (Rockin’ WP North).
  • February 2nd, 2018 that Martin Marietta is in violations of the pond bank erosion repairs and the slope gradient, and has failed to demonstrate that the current flood protection plan is adequate to protect the site from stream capture and associated flood damage.
  • February 2, 2018 Martin Marietta requests a nine month extension to comply with the State’s corrective actions, extending deadline to June 25th, 2018. In justification for their extension request, Mikulas identifies “…dealing with some issues with Boulder County [and that] The neighbors have questioned the validity of our Special Use Permit with Boulder County. The Boulder County Land Use Director [Dale Case] requested that we submit documentation showing that our permit has not experienced a five year lapse of inactivity. We submitted our documentation to the Director mid July 2017.”

    Worth noting: it took MMM FIVE months to meet the Director’s simple request to submit proof of continuous mining activity– and MMM’s activity log constitutes of a self-serving list of compliance with administrative procedures, paying fees, weed control, prairie dog remediation. MMM included no receipts or substantiating evidence supporting these non-MINING activities and requirements. SOSVV’s claims that MMM has not mined under any portion of SU 96-18 is confirmed by the partial landowner, Director of BCPOS, Eric Lane, in his June 2017 letter to US Fish & Wildlife requesting a new Biological Study reflecting current conditions and new information be considered.

    Ms Mikulas concludes by asking the State’s Division of Reclamation, Mining & Safety for a nine month extension to comply with corrective actions currently mandated by the State:
    –”[Martin Marietta] would prefer to not re-work the banks now and then have to go back in and rework again once the reclamation configuration is determined.”–
    It seems that Ms. Mikulas / Martin Marietta Materials do NOT care about the dangerous position that their existing violations and unwillingness to adhere to the recommendations made or to the deadline set by the State’s Division of Reclamation, Mining & Safety compromises the citizens and properties in the St Vrain Valley. Ms Mikulas overlooks the fact that floods are not scheduled events, that can be postponed at industry’s convenience or that will be contained by negligible restoration work– as evidenced in the 2013 Flood.