State statutes require that larger jurisdictions adopt a Mineral Extraction Plan (MEP). The Douglas County 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 support planning for 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.”
The MEP is a sub-element of the Douglas County 2040 Comprehensive Master Plan (2040 CMP). It was first adopted in 1990 and updated in 2019. Shortly after its adoption in 1990, 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 implementation of MEP goals and policies is also supported through:
- Policies in the 2040 CMP
- Regulatory requirements such as traffic impact studies
- Phase III Drainage Reports
- Grading, Erosion and Sediment Control Plans
- Douglas County Zoning Resolution Section 18A Water Supply Requirements
- Applicable state and federal regulations