HomeMy WebLinkAbout980114.tiff a WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
FAX: (970.)352-0242
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January 15, 1998
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Janice Dersham N)
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1206 Weld County Road 23.75
Brighton, CO 80601
RE: Hall-Irwin Gravel Pit
Dear Ms. Dersham:
I have reviewed the Hall-Irwin file and have concluded that a Notice was mailed to you and your mother
at your address. Enclosed is a copy of a Certificate of Mailing indicating that the Notice was sent first
class on November 20, 1997. The Notice of the hearing was also published December 3, 1997, in the
official county newspaper which is currently the Platteville Herald. Furthermore,Notice was posted on
the subject property ten days in advance of the hearing.
The Special Use Permit as approved required the applicant to develop a well mitigation plan and provide
copies of any substitute supply plan to the Department of Planning Services. In addition by reference to
the Weld County Zoning Ordinance,the applicant has to present evidence of either an agreement with
the water conservancy district, a plan of exchange or substitute supply plan or decreed plan for
augmentation to prevent injury to vested or conditional water rights. The permit does not specifically
require an augmentation plan to be approved by the court prior to any operation as you indicated you
would request.
Given that it appears that Notice was mailed to you and your mother at your address and that the other
forms of Notice were properly given in this case, I am not recommending that the Board reopen the
hearing. I would suggest that you speak with Hall-Irwin regarding their water supply plans and, if you
feel it benefits you, ask to see any well mitigation plan. I will request that the Clerk to the Board send
you an executed copy of approved Resolution by the Board of County Commissioners once it is
available.
Youyuly,
L e D. Morrison
Assistant Weld County Attorney
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Enclosure
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Shani Eastin
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