by Pam North
It was a controversial proposal that had considerable merit on both sides, making it one in which decisions were hard to reach, even after careful research and much soul-searching.
Two adjacent parcels of land, totaling approximately 37 acres, and located
near the junction of Highway 72 and County Road 11, are currently owned
by Dirk Larsen, who wishes to restore wetlands on the property, and establish
an exclusive fly-fishing sportsmen's club. Unfortunately, his means
of financing such a land reclamation involve the removal of a large portion
of gravel accumulations that litter the ground there, unattractive results
from 1860s placer mining and 1930s dredging efforts. The land
and wildlife habitat, adversely affected by these earlier operations, has
recovered somewhat from the negative impact, but is still scarred and in
need of restoration. The gravel removal would only affect about 9.75
acres of the property, but
therein is the issue that has made the project unpopular with nearby
Lincoln Hills and Pactolus Acres residents, who fear impact on their lifestyle
and property values while the restoration would be underway.
The project was first considered by the Gilpin County Planning Commission
members, whose job it is to view
the validity and viability of such proposals, and afterward give their
recommendation as to whether the projects
have merit and should continue in the process toward approval by the
Board of County Commissioners. The Planning Commission, after a public
hearing, accepted the proposal (with certain stringent conditions attached)
on March 12th, 2002, sending it on its way for consideration by the County
Commissioners. Another public hearing was held on June 4th by the
County Commissioners, after which they reviewed the Planning Commission's
recommendations and proposed conditions in detail, considered the testimony
and exhibits presented by the applicant, and also weighed the objections
and concerns voiced by those attending the public hearing. Ultimately,
on June 18th, the County Commissioners, by a vote of two to one abstention,
rejected Larsen's project, citing several reasons as the basis for their
denial: (1) A Planned Unit Development (P.U.D) is not a use
by right under Gilpin County zoning regulations. (2) P.U.D. approval is
necessary under the county building code, which requires P.U.D. approval
under the county zoning regulations when mining and reclamation activities
require grading in excess of 3,500 cubic yards. (3) The property
is zoned forestry. The applicant's intent is to mine gravel, reclaim
and restore areas disturbed by previous mining and dredging operations,
but the area, adjacent to the applicant's property, that would be impacted
by the proposed gravel mining and reclamation operations is residential
in character. (4) The mining and reclamation activities proposed
would generate noise, dust and traffic, which would adversely impact and
impinge upon existing residential uses in the immediate vicinity.
(5) The Gilpin County Master Plan recognizes and is predicated upon the
principle of non-impingement on existing uses by new land uses such as
that proposed by the applicant. (6) To achieve non-impingement, the
applicant would have to buffer existing residential uses from impacts of
noise and traffic. Based upon evidence presented, buffering
of these adverse effects is unlikely to be attained.
The Commissioners' denial thus has put an end to the matter, at least for the time being, and probably much to the relief of Larsen's neighbors. It is entirely probable, however, that the responsible completion of such a wetlands restoration project would have been of overall benefit to the county, local residents and area wildlife, in addition to being an end to gravel extraction activitities. Would it have turned out to be a good thing? At this point, it is a matter of conjecture.
Dismayed by his defeat by the Board of County Commissioners, Larsen
is regrouping and seeking other avenues to pursue in the future, with the
hope that his reclamation project might still come to fruition. He
is inviting donations of time, effort and money from anyone interested
in helping him restore the wetlands on his property. In the meantime,
he is proceeding, on a limited basis, with his fly-fishing club, and still
has memberships available. The property continues to be listed for
sale.
Photo to accompany article is at:
http://www.bohnrealestate.com/pactolusBack.htm
Caption: The Larsen property, a proposed wetlands reclamation
project, did not receive
a go-ahead from the Board of Gilpin County Commissioners.