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-.--.. ~~ ^ ~ ~ x']08.-CERTIFIED COPY OF ORDER. rwec.r. wacen ,_~oo. un~o co.. nr...e w, cow O~ STATE l1F COLOR.4 ~ III IIII IIIIIIIII III 1 flG~ ~ X983 t•~~u.•r,•oe..... DOUGLAS . .. ...........~ At'a..... .......regular.............. !~ ~ nt11,e-- . l ~p ~Qg g li,,;lyd of Cuunh- Commissioners fur ....................I1011g1d5. ... . Ununty, Colora~ u,~t-•lrTa~J(R6lR~~ n~urscin.. Castle...Rock,...Co.lorado.___on ..hlonday... ...._u~e ....26th ..... .................... J:IC of September ......, A. D. 1063..., there were pn•sent.: W...G. Duncan Soqya B.. Blackstock Francis W...tlcCurdy .James K..Kreutz Clrnirrnnn, C'ommissionrr, Commissioner, Count}- Atturoey, Clerk, Deputy, J.oan..M.. Buttery ~~Lrn the folluw'ing procrcdings, among others, were had and done, to-u•iU The Chairman called the meeting to order. All Commissioners were present. APPROVAL OF MINUTES Commissioner Blackstock stated a correction to her comments on furrow Ridge on September 19, 1983, as follows: "I shared Dr. Duncan's concerns and also felt that the testimony presented did not indicate a need and that there was adequate pro- perty in the area for sale." The Chairman stated that the minutes stand approved as corrected for the Douglas County Board of Commissioners meeting held on hlonday, September 19, 1983. ~n IjOGBACK MTN~ _"'~p - DISCUSSION~f~~~~ \"`D ~~ 1alt'1~ No motion.~~~~~ ~ C`~ r7` ~ ©~~ ~'~ L i4r. Otto Haney, representing Roxborough Park Foundation, came before the Board t discuss the current status of the Hogback ;line in Roxborough Park. He introduced i1r. William Baesman, legal counsel for Consolicated Oil & Gas Co., who presented a brief prepared subsequent to a meeting regarding an alleged violation of land use at the Mine by Robinson Brick Co. Mr. Haney indicated that the Foundation concurs v,ith the views expressed in Mr. Baesman's brief. .tr. Baesman reviewed the alleged violation of mining by Robinson Brick Co. taking place in Roxborough Park (refer to minutes of August 22). He discussed a nonconforming use as defined in County regula tions and the differences at this location between the alleged violations of surface alining operation as opposed to a previously approved underground mining operation r.o Robinson Brick Co. He requested that the Board halt the present activity. Mr. !•lillialn Stoltz, resident of Roxborough Park and Director of the Foundation, expresse Isis concern about the operation and also requested that it be stopped. He asked tha the confidential evidence from the September 9 meeting be made public. The County Attorney and Planning Director also attended the September 9 meeting and assured the Board that the evidence presented did not support the case of expan- sion of the mining project in Roxborough Park. They affirmed that the facts of the ~.ase were analyzed as was the law on the basis requested, and their opinion apparent ly does not agree o-rith the opinion of legal counsel from Consolidated Oil 8 r;as Co. Tile Planning Director further stated there was no violation of County regulations in this case relating to nonconforming use. Ttte Board directed the County Attorney to draft a letter to the Mined Land ~'I':1.1'F: ul' CULUItAI~(l, ss. . „~„, or .... DOUGLAS ., I,.......... Reta A, Crain. ~'~~uul ~~ C1crk and ~~s-ufliciu Clerk of Ure Bu:~rd o[ County Cumwiesiuucre iu and (or the Cuunly ;n ltl Sllue :~f~~ns;lid, do hembc certify tlwt the annexed and foregoing Order ie trul}' cupird [rum the Iicconls of the pruccrJins of the Guard of County Commiavinners fur swirl ... ....................D.QUgI d5. .. .................Gnmtp, nu a~ in me 141icc. 1N WITNESS R•IfERE(1F, I have hereunto ect uq• baud and Rliixed the ~•nl of said Count~•, nr ..................Castle...Rock, .Co.lorado..........................this ................ ........ 26th........<t:ry ~r ...........September........., a. U. 1083... ... ( UUVTI' CLERE. I','c .......... .. .. ... .. ... ..... .... I)F.PUTY.