PERMFILE53902

• Permit No: M2001001
• IBM Index Class Name: Permit File
• Doc Date: 2/6/2001
• From: FOUR STATES AGGREGATES LLC
• To: DMG
• Media Type: D
• Archive: No

e ~ `~ Dolores Star ~ I897 THURSDAY, DECEMBER 14, 2000
GRAVEL PIT fr
They did deny paragraph 8,c
the applicatiomfor High Impact Pe
No. 385 from Four States Aggref
LLC and landowner Duvall True
for gravel mining operation and t
gation conditions. The application
out the specific purposes of the ]
regulations are to protect and streng
the established industries of agricu]
commerce, industry, tourism, rt
ation, and to protect property va
to protect and strengthen the econ~
viability of the private and govern[
tal sectors of the County; to reg~
development that would other
cause excessive noise, water, or as
lution; to secure, to the maximun
tent practicable, that growth will
for itself, and that the present resit
do not have to subsidize new grc
and development; to ensure that
impact development projects are t
constructed, developed and opera[
a manner that is consistent with the
use policies and regulations, and tc
tect the rural character and visua
aesthetic resources of the count}
their health, safety, and welfare.
~ The Board admits that C.R
i . 106(a)(4) provides for judicial re
as in paragraph 9, and they deny
graph 10 that their exceeded the
risdiction and abused their discre
Their first defense is that the
j plaint fails to state a claim upon v
relief may be granted. The secon
` fense is that they have not exct
Locals file complaint against
commissioners over gravel pit
Jack Akin and Carol Stepe
of Dolores filed a complaint
against the County Commis-
sioners concerning the Line
Camp gravel pit. The suit .vas
filed Oct. 17 in District Court
in Montezuma County. The
complainants are being repre-
sented by attorney Timothy
Tuthill of Cortez. The com-
plaint is filed against Board of
County Commissioners of
Montezuma County, Colorado;
E.. Eugene Story; Kent
Lindsey; and Glen E. Wilson,
J r.
The complaint states that
Akin and Stepe are residents of
the county and own land ad-
joining the proposed gravel pit.
They claim they will be sub-
stantiallyaffected by the noise
of the operation, pollution, and
dust particles. They claim the
Commissioners went against
the Land Use Code that was
enacted on July 15, 1998.
The proposed gravel pit will
be operated by Four States
Aggregates, owned by Aryol
Brumley and Terry Gorsuch.
The land in questions is owned
by Duvall (Valj Truelsen of
Dolores. -
[n the complaint, paragraph
5 states that Chapter 1, Section
2, 1201 indicates that "one of
the major objections for the
Comprehensive Land Use Plan
is to protect the rural character
of [he County through the en-
actment of development regu-
lations appropriate for rural
areas. The Code goes on to
state that "These standards are
designed to ensure that devel-
opmentdoes not cause signifi-
cant adverse impacts on other
property in the area or conflict
with the applicable provisions
of [his Code. A significant ad-
verse impact shall be any im-
pactthat creates an increased
risk to the health, safety, or
welfare of the citizens of the
county, a significant reduction
to neighboring property values,
or unfavorable harmful conse-
quences."
Paragraph 6 says the Land
Use Code requires that "no
person may change the use of
land or enlarge an existing use
in a manner that exceeds the
specialstatus ofthe unincorpo-
rated areas of Montezuma
County without obtaining a
permit or waiver pursuant to
these regulations or other de-
velopment approval under the
Land Use Code, except as spe-
ciallyexempted from this per-
mit requirement"
Paragraph 7 says, in part,
that on July 7, 2000, Duvall
Truelson (sic) made an appli-
cation for "a letter .permit".
Sometime later, that request
was changed to an application
fora "high impact permit".
After public hearings where
residents indicated their objec-
tions, and the devastating con-
sequences on their property
values and lives, the Commis-
sioners approved a permit on
Sept. 18, 2000.
Pazagraph 8 states, in• part,
that the approval did not spe-
cifically enumerate how the
project would affect each of the
items outlined in the criteria for
approval of the permit.
Paragraph 9 states, in part,
that the LUC specifically states
in Section 7105.3 that judicial
review will be as provided in
Sections 13-51.5-101 to 103, et
seq. C.R.S. as amended. AI-
thoughthe sections are embed-
Continued on page 10
ded in a title for declaratoryjudgments,
the applicable statutory reference indi-
cates that the rules promulgated pursu-
antto C.R.S. Rule 104 (a)(4) shall be
used.
Pazagraph 10 says: by granting said
application without a complete review
of all factors enumerated within the
statute, and no findings of fact that the
application in question was in compli-
ance with the high impact use permit,
the County Commissioners exceeded
theirjurisdiction orabused their discre-
tion.
On Dec. 5, 2000, the Commission-
ers filed their answer to the complaint.
They said there are without sufficient
knowledge or information to form a
belief as to the truth that the plaintiffs
aze residents and own adjoining prop-
erty that will be substantially affected
by the gravel pit.
They admit that they are the county
commissioners, and that the individu-
alscommissioners aze E. Eugene Story,
J. Kent Lindsay, and Glenn E. Wilson,
Jr.; not as named in the complaint. The
answer also states that there is "no ju-
risdiction over said Commissioners in-
dividually because of lack of process
and service."
They admit that they did enact a
Land Use Code on July 15, 1998.
They admit paragraph 6 of the com-
plaint, except "special status of is in-
correctand should be "Threshold Stan-
dards Within", and "without obtaining"
should be "without first obtaining".
They admit paragraph 7, except the
date was June 7, 2000, instead of July
7,`2000, and the Boazd denies the al-
leged "devastating" consequences.
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