2022-01-21_PERMIT FILE - M2021064 (55)

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Snell & Wilmer January 21, 2022 Page 4 • A water and water rights study. In addition to these studies, our clients further request that alternative sites are seriously explored and considered prior to any public hearings. In particular, it is our understanding that the applicant is already the record owner of a different parcel, located near the Pagosa Springs Airport. It is also our understanding that this parcel is zoned as Industrial (“I”) under Land Use Code § 3.1.2.8. This parcel thus appears to be far more compatible with operations under a Major Sand & Gravel Permit and should seriously be considered as an alternative location. To summarize, the Application in its current form presents no realistic or serious way for the Archuleta County Development Services Planning Department, the Planning Commission, the Board of County Commissioners, or any other interested party to thoroughly evaluate the Application. Without a thorough evaluation and analysis, there is no practical way to assess whether the Application or a resulting permit would comply with the Land Use Code and other Colorado law. That assessment is critical and must be based on specific, supporting evidence—a governmental body abuses its discretion under C.R.C.P. 106(a)(4) “when the administrative decision is so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority.” Freedom Colo. Info., Inc. v. El Paso Cty. Sheriff’s Dep’t, 196 P.3d 892, 900 (Colo. 2008). Our clients appreciate your consideration and await your decision on the requested postponement of the upcoming hearings. Please contact me at the information above if you have any questions or otherwise wish to discuss this matter further. Very truly yours, Snell and Wilmer L.L.P. Jason B. Brinkley cc: Nathan Davis (via e-mail) Shane O’Connor (via e-mail) JBB