judge denies review of permit

http://www.canoncitydailyrecord.com/Top-Story.asp?ID=13392

Publish Date: 4/13/2010

Judge denies review of permit
Group disputed countys uranium exploration decision

Rachel Alexander
The Daily Record
On Friday, District Judge David Thorson denied a petition for review of the Fremont County Commissioners approval of a conditional use permit for Black Range Minerals to conduct exploration for uranium in the Tallahassee Creek area.

The Tallahassee Area Community, Inc., a nonprofit corporation, along with several residents, filed suit against the county and Black Range seeking review of the final issuance of the CUP in July 2008.

The group claimed the commissioners exceeded their jurisdiction and abused their discretion in issuing the permit by failing to follow the Fremont County Zoning Resolution by not requiring or receiving proof of adequate water for the proposed activity; by not requiring or receiving proof that the proposed activity would not adversely affect surrounding property values; by not requiring or receiving a fire plan; by not properly taking the Fremont County Master Plan into account; and by failing to protect the health, safety and welfare of the residents.

In his decision, Thorson addressed each of the plaintiffs arguments at length and determined that the boards interpretations of its own zoning regulations and master plan were appropriate.

Black Range initially began exploratory drilling on two large, privately-owned ranches in 2007, without permit. They were required to halt operations in January 2008 by the county and seek the CUP.

Public hearing on the application were held by both the Fremont County Planning Commission and the Board of County Commissioners prior to the boards final approval in July 2008.

Thorson said he reviewed the voluminous record of the proceedings and evidence considered by the board in coming to his decision.