HomeMy WebLinkAbout972367.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING PROBABLE CAUSE HEARING TO
CONSIDER USR #874 - PHILLIP CAMENISCH
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 5, 1997, a Probable Cause Hearing was conducted to
consider whether USR #874, issued to Phillip Camenisch has been abandoned, and
WHEREAS, Phillip Camenish is the owner of the facility located on property described
as part of the SW% and the W'/ of Section 10, Township 2 North, Range 68 West of the 6th
P.M., Weld County, Colorado, and
WHEREAS, at the hearing of November 5, 1997, the Planning staff advised the Board
that work on said permit has not commenced, and
WHEREAS, Gary Tuttle, Tuttle Applegate, Inc., represented the applicant at said
hearing, and
WHEREAS, after hearing all of the testimony presented by those present, the Board
does find that Probable Cause exists to show the site has been inactive, and
WHEREAS, the Board of County Commissioners deems it advisable to grant an
extension of one year to the applicant to begin work on the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that an extension be, and hereby is, granted to November 5, 1998.
BE IT FURTHER RESOLVED, by the Board that a Show Cause Hearing concerning
revocation of USR #874, issued to Phillip Camenish, be set following November 5, 1998,
without further preliminary action of the Board, if the site remains inactive at that time.
BE IT FURTHER RESOLVED, by the Board that staff be, and hereby is, directed to
review all Conditions of Approval and Development Standards of said USR #874 to update
same. If updates are not mutually agreed upon by staff and the applicant, staff is directed to
bring the matter before the Board of County Commissioners.
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972367
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RE: PROBABLE CAUSE - CAMENISH
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of November, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD QOUNTY, COLORADO
ATTEST: yC
Weld Cou;
BY.
APP
Deputy C
ty Attorn
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• Geor . Baxter, Chair / 7.-62-721.27evior _0° Constance L. Harb rt, ro-Tem
Dale . Hall
l‘intar
Barbara J. Kirkmeyer
W. H. Webster
1;J; 777
972367
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WIiDc
COLORADO
Stern
MEMORANDUM
TO: Board of County Commissioners
FROM: Shani L. Eastin, Current Planner
SUBJECT: Probable Cause Hearing, USR-874
DATE: October 29, 1997
USR-874 was approved by the Board of County Commissioners on April 26, 1989. USR-874 for
Phillip Camenish, is for an open cut mining operation, materials processing and an asphalt and
concrete batch plant. The legal desription of the subject property is the SW4 and the W2 of the SE4
of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
On December 9, 1992, a Show Cause Hearing was conducted by the Board of County
Commissioners to consider revocation of USR-874 because the use had not commenced. The
Board extended the vested property right until December 9, 1993. To this date the use has not
commenced.
The property owner and representive are currently requesting that the Board of County
Commissioners consider whether or not a vested property right still exists on the property and
whether USR-874 is still valid.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
972367
October 8, 1997
StMa
itittleApplegate,lnc.
Consultants for Land, Mineral and Water Development
Ms. Shani Eastin
Weld County Department of Planning
1400 North 17th Avenue
Greeley, CO 80632
Weld Counts, Planning Dept.
OCT 1 01997
RE: USR #874 -Phillip Camenisch Pit; Request for Probable Cause Hearing
Dear Shani:
VED
On September 12 of this year I sent you a letter regarding the reactivation of this mining permit.
In further discussions with you, it appears there is a question about what activities may occur
under this Use By Special Review permit. In order to advance this question to the Board of
County Commissioners, the new mining operator, Andesite Rock Company, requests a Probable
Cause Hearing.
The question at this hearing will be whether USR #874 is no longer a valid permit and, therefore,
the mining operator would be required to apply for and obtain a new permit to mine the property.
It is our hope that the Board of County Commissioners will dismiss the case. This action would
validate the permit.
As an item in the County Commissioners discussion, we request USR #874 be granted vested
rights for one year until November 30, 1998. In addition, there may be other items which need
updating to facilitate the County's monitoring of the operation. We can review these prior to the
hearing.
We request this hearing be held October 15 or 20, 1997.
At this hearing we will provide evidence and oral testimony to further the validity of the present
Use By Special Review permit. In addition, the mining operator and the landowner will be
present.
Thank you for your consideration in this matter. Please inform me of the date and time of the
hearing.
Cordially,
TUTTLE APPLEGATE, INC.
Gary JTuttle
GJT/sj
cc: File #97-167
Dennis Staebell, Andesite Rock
Phillip Camenisch
972367
11990 Grant Street, Suite 555 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
Notice of 112 Construction Materials
Reclamation Permit Application Consideration
DATE: October 20, 1997
TO: Weld County Planning Department
915 10th St
Greele 80632
FROM: Car B. Mount, Senor Environmental Protection Specialist
RE: Andesite Rock Company, Phillip Camenisch Resource, File No. M-97-093
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
James S. Lochhead
Executive Director
Michael B. Long
Division Director
Please be advised that on October 17, 1997, Andesite Rock Company, whose address and telephone number
are 9065 Quince Street, Henderson, CO 80640; (303) 287-9606, filed an application to conduct surface
extraction of construction materials and reclamation, at or near Section 10, Township 2N, Range 68W,
6th Prime Meridian, in Weld County. The application decision is scheduled for January 15, 1998.
A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the
office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203.
All written comments or objections must be submitted within twenty (20) days of the date of the newspaper
public notice to be considered in the application review process by the Division. You should contact the
applicant for the newspaper publication date.
M: \ OSS\B DC\TEMP\P0909304. CB M
0CT 2 ' Y:
972367
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COLORADO
October 20, 1997
TuttleApplegate, Inc.
Attn: Gary Tuttle
11990 Grant Street, Suite 555
Denver, CO 80233
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: Probable Cause Hearing for USR-874, located in the SW4 & W2SE4 of Section 10, T2N, R68W
of the 6th P.M., Weld County, Colorado
Dear Mr. Tuttle:
Notice is hereby given that on Wednesday, November 5, 1997, at 9:00 a.m., or as soon thereafter as the agenda
of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will
hold a Probable Cause public hearing pursuant to Section 24.8.1 of the Weld County Zoning Ordinance. This
meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth
Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-874 for compliance with the Conditions
of Approval and Development Standards and Show Cause Hearing as approved by the Board of County
Commissioners on December 9, 1992.
If it is determined at the public hearing that there is probable cause that you are not in compliance, the Board
of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special
Review Permit.
If you have any questions regarding this matter, please telephone.
spectfully,
i L. Eastin
ent Planner
Service, Teamwork, Integrity, Quality
972367
P 359 570 688
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Tuttle Applegate
Street & Number
11990 Grant Street, #555
Post Office, State, & ZIP Code
Denver, CO 80233
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