Update from Richard Cargill: July 25 Board of Adjustment hearing + essential background reading

Hello All,

We, the people, are scheduled to go before the Boulder County Board of Adjustment (BOA) on Wednesday, July 25 at 4pm in the Commissioners Hearing Room, Boulder County Courthouse.

The Boulder County Land Use Director determined on April 11, 2018 that the gravel mining permit issued in 1998, Special Use 96-18, had NOT lapsed under Section 4-604(C) of the Land Use Code. We hope you can attend the BOA on July 25 and show the County we will not put up with this.

SOSvv asserts in its appeal to the Board of Adjustment that Director Case exceeded his authority and incorrectly applied this lapse provision, Section 4-604(C). There is no evidence to suggest that any mining has occurred on any portion of the subject site since at least 2006, and Special Use 96-18 has long since lapsed due to inactivity. Furthermore, SOSvv asserts that the Director erred in his interpretation of Section 4-604(C) and that this interpretation is not consistent with the Land Use Code’s bedrock purpose to protect health, safety, and general welfare.

SOSvv will be represented by attorney Mark E. Lacis and attorney James R. Silvestro (Ireland Stapleton Pryor & Pascoe, PC).

Here are six essential documents that you’ll want to review prior to the BOA hearing on July 25.  Please share these docs with your friends, neighbors and encourage all to unite behind SOSvv’s Appeal.

1.)  April 11, 2018 letter from Dale Case to Martin Marietta regarding his determination on the lapse provision.  (3 pages)
2.)  May 10, 2018 letter of appeal from SOSvv’s legal counsel to the Board of Adjustment.  (9 pages)
3.)  May 23, 2018 letter to BOA and Dale Case regarding expert witnesses.  (2 pages)
4.)  May 24, 2018 response from Martin Marietta’s counsel to Dale Case.  (2 pages)
5.)  June 1, 2018 follow-up to SOSvv’s letter of May 23, and response from counsel for Martin Marietta.  (7 pages)
6.) June 4, 2018 letter from counsel for Martin Marietta to Dale Case opposing SOSvv.  (6 pages)


We had to pay a $750.00 fee to the County just to file the papers for a hearing before the Board of Adjustment.  As this issue expands in the courts, we are going to need more financial resources. Appropriate responses from SOSvv to the heightened aggressive tones from the mining industry (See June 4, 2018 letter from Martin Marietta), will also require additional money.

SOSvv is excited and grateful to share this: Van and Lisa Rollo have generously offered a matching donation of up to $5,000 for SOSvv’s legal fees.  If our community supporters contribute to the $5,000 match before of the deadline of June 30, 2018, the Rollos will personally match those donations dollar for dollar.  Please, accept this challenge and donate to Save Our St. Vrain Valley!  Your donation will be automatically doubled. We need this soon to pay our excellent legal team.

Donations are received at SOSvv’s website:  https://sosvv.wordpress.com.

Richard Cargill, Chair, Board of Directors, SOSvv


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