HomeMy WebLinkAbout20080176.tiff CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
I FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
January 4, 2008
RE: Uranium Mining
To Whom it May Concern:
Numerous letters have been received by the Board of County Commissioners of Weld
County asking the Board to stop uranium mining in Weld County. The authors of the letters
assume the Board has the legal authority to pass an ordinance to completely ban the activity of
uranium mining from Weld County.
The Board has no legal authority under current State statutes to completely ban the activity
of uranium mining.
The Board does, however, have land use authority to regulate the use of properties in Weld
County for the purpose of mining, including the mining of uranium, in the (A) Agricultural Zone
District, on a case-by-case basis. This involves requiring the property owner and/or operator who
desires to conduct such operations to apply for a Use by Special Review ("USR") permit. Such
application is processed in the same manner as are all other USR permits. Hearings are held
before the Weld County Planning Commission and before the Board of County Commissioners.
The application may be approved or denied by the Board, based upon the evidence presented.
The Board sits as a quasi-judicial body when it hears USR applications. As a result, the Board
members must refrain from taking testimony or reviewing documents that are outside of the record
to avoid disqualification from participating in the hearing process. The record consists of the
testimony, documents and other evidence presented at the hearing, and correspondence and
referrals received by the Clerk to the Board prior to the hearing. The record also includes the
application itself,the documents and evidence presented at the Planning Commission hearing,the
minutes of the Planning Commission hearing and its resolution of recommendation, and the
materials which are part of the application. The record would be available at the Weld County
Department of Planning Services and the Office of the Clerk to the Board after the application is
filed.
The Weld County Department of Planning Services has been advised that Powertech, Inc.,
the company which is currently testing to identify uranium deposits in Weld County, is intending to
apply for a USR permit in 2008. The company has acknowledged the Board's legal authority in this
area and understands the need for submittal of such an application. Upon advice of the Weld
County Attorney, and in order to maintain its quasi-judicial atmosphere,the Board has determined
that it must refrain from discussing Powertech's intended uranium mining activities until the Board
conducts a hearing upon that company's application for a USR permit, assuming one is submitted.
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2008-0176
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The Board of County Commissioners is aware that you have sent an letter to the Board
regarding possible uranium mining in Weld County. The Board hopes you understand the
above-stated reasoning for the Board members not corresponding with you on this issue. Your
letter will be forwarded to a file in the Office of the Clerk to the Board for future reference and
inclusion in the record of any application for a USR to mine uranium.
If you have questions or need additional information, please do not hesitate to contact me
at (970) 336-7215, Extension 4225.
Very truly yours,
Lu
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Donald D. Warden
Clerk to the Board
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