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HomeMy WebLinkAbout03.0 CorrespondenceP.O. Box 640 GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE Glenwood Springs, Colorado 81601 Phone 945-9158 G January 14, 1982 Walt Brown Attorney At Law P.O. Box 1512 Glenwood Springs, CO 81602 Dear Walt: RE: Special Use Permits for Sievers Ranch Development Company Some time ago you appeared in front of the Board of County Commissioners on behalf of Mr. Robert R. Oxenberg, in regards to County Road 109. As a result of your discussion with the Commissioners, I was directed to send a letter to the owners of the Sievers Ranch property in regards to excess traffic on the above road. Enclosed please find a copy of my letter dated December 8, 1981. The purpose of this letter is to bring to your attention the response filed by the owners' attorney, dated December 15, 1981, and January 11, 1982. I am now in a position of having to advise the Commissioners as to what further steps to take in this matter. You will note, Attorney John Kemp considers this matter closed (page 3 of January 11, 1982 letter). My guess is that your client does not share this view. Therefore, it would be of great assistance to me, and to the Commissioners, if you would write a letter to me indicating exactly what your client's complaint is about traffic on County Road 109, and specifically, what authority you think the Commissioners have to give your client redress. Thank you for your consideration in this matter. Very truly yours, Earl G. Rhodes Garfield County Attorney EGR/tb Mr. Earl G. Rhodes Page 2 County Road 109". The date 1979 appears under that heading. This document was presented to the County in the form attached, or it was presented verbally, probably by me, at the hearing on the spec- ial use permit for the unlimited gravel operation. At the time of application for this permit we already had a limited gravel extrac- tion permit and the figures in the document were based on usage from operations during three months of that limited special use permit. Please note that the estimate for asphalt operations is 30 round trips per day and that the estimate for the unlimited gravel permit, based on the limited gravel permit, is 16.5 round trips per day. This is a total from those two operations of 46.5 round trips per day. Further, we have been unable to find any documents by which we estimated, or provided data for, the cement batch plant permit. Logically, the cement batch plant permit would generate more round trips per day and this would be obvious to the County. Therefore, it appears that by way of all three proceedings on the three special -use permits the County would have had some knowledge that there would be round trips per day considerably in excess of 46.5 based on estimates or data which we provided, and based on the County's own knowledge that a cement batch plant would generate additional round trips per day. Next, I am providing you with a letter dated January 8, 1982, from the sub -leasee of Sievers Ranch and Development Company, Fox Aggregates, Inc., which gives actual round trip totals for thej past six months, including all types of vehicles. As you can see this letter shows conclusively that from all operations the average round trips per day was 17.92 trips. Additionally, I would like to emphasize the cooperation that has been received by the County from Sievers Ranch and Development Company and its leasee and sub -leasee. On April 8, 1980, Lee Holmes, vice president of Sievers, wrote a letter to the County Commissioners agreeing to allow the County to take additional land from Sievers' property up to a maximum road width of 20 feet, if the County needed it for expansion of County Road 109. At the time the asphalt permit was issued a $1,000.00 contribution toward the Hardwick Bridge was requested and promptly provided by Sievers. In addition, Ram Con- struction, Sievers' leasee, provided the County, free of charge, with 4,000 tons of road material in February and March of 1980 to assist in the surfacing of County Road 109. During the years of operation of these permits 1 can remember Mr. Earl G. Rhodes Page 3 remarks by adjacent property owners and by the County Commissioners to the effect that Sievers was operating efficiently, safely, and without any nuisance to the public under these permits. Just recently I asked all of the principals of Sievers Ranch and Development Company if they had met with Mr. Oxenberg. Some time in August of this year Kr. Oxenberg requested a meeting with a repre- sentative of Sievers and Mr. Harleigh Holmes attended. Apparently two accidents, not involving vehicles of Sievers or its leasee or sub -leasee, had taken place in front of iir. Oxenberg's home. Mr. Oxenberg was concerned about safety on County Road 109 and conveyed this message to Mr. Holmes. He made no complaint whatsoever about the number of vehicles that were being run on the road. He did ask Mr. Holmes if the trucks could be spaced 500 yards apart when travel- ing the road and if they could be required to run the road at a slower speed. Mr. Holmes agreed to both of these requests and so far as we know that has been done by Fox Aggregrates' drivers ever since. I have repeatedly requested that the County provide me with the charges and data which have apparently been presented by Mr. Oxenberg. By this letter you can see that we are trying to cooperate with the County. Why can't we be provided with the'same information? If you need any further assistance in this matter 1 look forward to hearing from you. Otherwise, at least for the present time, we will consider the matter closed. JLK/mp Lncls. CC: Very truly yours, John L. Kemp Sievers Ranch and Development Company Fox Aggregates, Inc. Robert F. Chaffin ./43 a-/2/4/, v jee- icred‘04-40/-- — XdJ- Ce,1/64/,461.1 / /r1 -4f, -A-11,--- / �f HERRINGTON & KNAUS, P.C. RICHARD A. HERRINGTON, M.D. DIPLOMATE. AMERICAN BOARD OF FAMILY PRACTICE GARY D. KNAUS, M.D. DIPLOMATE. AMERICAN BOARD OF FAMILY PRACTICE May 15, 1982 Garfield Board of County Commissioners Garfield County Courthouse Glenwood Springs, Colo. 81601 Dear Sirs: I am writing this letter to express my opinion about the situation on the road from Westbank to Carbondale in regard to the heavy truck traffic that is present. I had written a letter approximately 1 year ago to Flaven Cerise, and I hope that that letter is on file with you in regard to this problem. I am not in a position to make an "impassioned" plea, but my concerns are several. As I had stated in my previous letter, T feel that the speeds exhibited by the large trucks are excessive, not only on the narrow, graveled portion, but more importantly on the paved portion from C.R.M.S. to the stoplight. There is a large amount of bicycle and pedestrial traffic along that area and I am concerned for the safety of those people. We all know of at least 3 major accidents involving trucks that have occurred on that road in the last year. I suspect that speed and loss of control were a signi- ficant portion of each of these accidents. My second concern is that of the aesthetic and safety considerations for those persons who use the back road as a recreational area. This includes as many as 15 to 20 runners that I personally know, a number of elderly couples who use that area for their daily exercise, and a number of people who ride their bicycles, horseback ride etc. along that route. It should also be mentioned that a number of our younger drivers in training use that road with their parents while learning to drive. Again, the speed and heavy traffic factor is the main consideration in thi:s.regard. Not to be ignored is the situation with the dust. It seemed to me that the attempts last summer of watering down the road were helpful, until approximately 10:00 a.m., if it was done at all, but by the middle of the afternoon the dust situation was just as bad as it would have been. Thank you for the opportunity to share my concerns. I hope that you will consider these problems and issues in your final decision in regard to the traffic situation on the road in question. Thank you. Sincerely, aa i7 Gary D. Knaus, M.D. GDK:sb 366 STATE HWY. 133 TRI -COUNTY MEDICAL CENTER CARBONDALE, COLORADO 61623 TELEPHONE 303/963.3350 82. d euss‘or, Bcard re. givers rc-or p1ai n±S. me. cl nrnaik &cree. T1- asV ha piety+ du.t Crus 4c4a.1 pperr ise rr5 Co:lei& 109 or- oin rr,drcri -r atir qc,Lat,r4ii re9c,.t.i recd as p' rn- c,4.a14 repo,rrirs - Com . c.k 3cc!deti r \Sac<Ade - s in [as+ I lL qrs. one ck.*__ asp - I CS rttc in 64 82L,1 " Cos cam. Com-, the perrrtiksbe; rte- cen& , 7 Racet„ - 6a44. re eTer, -.e-r tA. (Ccrt.A.Ad rec i eco-. " tw cV rQ cS t ` R C #i n ) BanrzApp) Cretattg) 64c.) fio C.e 0 h C -c> h 6=.rns . rr►i les C3�kcIN t-ILLn\ n '' tVicr-- lai ned Com. nor 6111;-Pe3 for F C 0 It { JUN 1 gAhilELD. Can PLA 1k n ,r f ,I • c! c' a- LLLi y / • Y� _ 16y6,,L) ElL Lk() C� t 6 L. LA,f�� Ufk__ 4Cf ' c d . +- k osiLL e_..0 A._ f L..li GLAIC'- � � �e �� � L `f tu✓L. `� ' c:�� itc,L,L G &X-10-&A,_LL (-- ,ti .4.21 c Wit+ Q— ( c� _Q. J Ll c& IL (ov 1L) lL . as -A+ 0 ni Garfield County Commissioners Court House Glenwood Springs CO 81601 Sirs: As a frequent runner on the old Carbondale - Glenwood Road, I find the dust generated by the Sevier Pit trucks seriously unpleasant and, I assume, medically dangerous. The weight and speed of the gravel trucks puts them in a wholly different category of "dust generation" than the usual traffic of cars and pickups. If something could be done about this, life for the lowly pedes- trian would be much easier and safer. Since Duce on Foster 1274 106 Hd. Carbondale CO 81623 cc. Mr. Scott Miller Colorado Dept. of Health 125 N. 8th St. Grand Junction, CO 81501 7 /99 41 p44 @h FVLD %M1' er,Mc, , SUN MOUNT CORPORATION GENERAL CONTRACTORS 2319 FOOTHILL DRIVE / SUITE 240 SALT LAKE CITY, UTAH 84109 (801) 486-7191 August 24, 1982 Sievers Ranch and Development Co. 7149 S. Curtice St. Littleton, CO 80120 Dear Helen: ASPHALT DIVISION 40 -4th Street P.O. Box 1188 Carbondale, Colorado 81623 303-9634197 In response to your request for input on the questions put forth by the Garfield County Planning Dept., we submit the following: In our opinion the road watering program has achieved what we had hoped it would. That is, it is an econom- ically acceptable method for us to control the dust on the road. Our office has not received any complaints of dust on road 109 since we initiated the watering program. It appears to be working both for ourselves and the adjacent landowners. As far as a private bridge across the river is concerned, we have put it on the back burner. We must first as- sess our long term situation and traffic projections before we would start actively developing plans for the bridge. Our experience this summer indicates that a bridge is not feasible at this time. Such time as bus- iness improves and thrufare traffic improves, we would re-evaluate this position. A cost estimate for a private bridge versus road improve- ments is really too vague to put numbers on. It would depend on what type of improvements we are talking about. The bridge itself would not cost too much, probably in the 10 to 20 thousand dollar range. The questionable costs are permit costs, railroad crossing costs and right of way agreement costs for the local land owners on that side of the river. 0 0 Et M- A trin' 19 , 3as" cc: . (0) a - sn August 27, 1982 Sievers Ranch & Development Co. 3794 County Road 109 Carbondale, Colorado 81623 Dear Helen: In reference to your letter dated August 16th, we wish to submit the following information: 1. County Road 109 Watering Program Fox Aggregates has a continuing road watering program in force. Each working day an average of four loads of water have been applied to the road. Starting with the first round of trucks in the morning and continuing throughout the day. 2. Speed Control Both Sunnount Corporation and Fox Concrete have strictly enforced the 25 mile per hour speed limit. 3. Feasibility of a Private Bridge After our meeting in June, Fox Aggregates has determined that at the present time, economic conditions of the area do not warrant additional cost of a privat bridge. However, if conditions improve we are still considering the possibilities of a bridge. It is our opinion that steps one and two have been most effective in dust control. To the best of our knowledge there has been only one complaint since June and that particular problem was handled within the sane working day by myself and „r. 3owlby. We will continue to monitor traffic levels and if feasible apply a sealing compound in the future. If we may be of any further assistance, please feel free to call on us. `lours truly, re Nin . , en A. tanager . . 130= SSO Car oma 1e, C® c' me2S GARFIELD COUNTY PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE August 31, 1982 Scott Miller Colorado Department of Health Air Quality Control Division 125 North 8th Street Grand Junction, CO 81501 RE: Sievers Ranch discussion Dear Scott: PHONE 945-0212 As a result of a discussion with the Board of County Commissioners on August 30, 1982, the Board has asked me to request some additional information from your office. First, do you have any data which indicates that the Sievers Ranch operation and/or the dust levels on County Road 109 exceed the 20% opacity limitation? Second, can your agency do any monitoring to ascertain this if no information is presently available? If you currently have data of this nature, or if you can perform any monitoring activities as a result of this request, the Board would like you to present this information to them at a meeting scheduled at your convenience. Please let me know what you have available so that I may keep the Commissioners apprised of any actions regarding their request. If you have any questions, please call me. Sincerely, Terry L. Bowman Planner TLB:lw WALTER E. BROWN 111 ATTORNEY AT LAW 1131 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (303) 945-2361 September 3, 1981 Garfield County Commissioners P. 0. Box 640 Glenwood Springs, CO 81602 Barfield County Planning Dept. 2014 Blake Glenwood Springs, CO 81601 Re: County Road 109 Gentlemen: Cf" Mciling Address: P.O. Bos 1512 Glenwood Springs, CO 81602 This is to advise you that I represent Mr. Jack Courshon and Mr. Robert Oxenberg regarding their interests in any action to be taken on County Road 109 or any land adjacent thereto. My clients respectfully request that you notify me of any future action or hearings that affect County Road 109, including but not limited to any proposals for vacating parts or all of Road 109 or its feeder roads, proposals for maintenance or upgrading of Road 109 and any review hearings on permits for special or conditional industrial uses on lands adjacent to or in the immediate vicinity of. County Road 109. Thank you for your assistance. WEB/sd cc: Mr. Robert Oxenberg Mr. Jack Courshon Kindest regard Walter E. Brown, III SEP 0 4 19811 rin rfl GARFIELD COUNTY PLANNING DEPARTMENT October 17, 1986 Sievers Ranch & Development Co. 7149 South Curtice Street Littleton, CO 80120 Re: Kiewit Western Co. Asphalt Batch Plant Ladies and Gentlemen: Based on representations from Dick Fox, Colorado Department of Health, Air Pollution Control Division, it can be stated that an asphalt batch plant owned by Kiewit Western Co., Serial No. VM1700SP, Colorado Department of Health Emission Permit , No. 85AR388P, can operate legally in the Sievers Ranch and Development Co. gravel pit located in Garfield County. (See enclosed) The operation of one asphalt batch plant at a time on this property was authorized by Resolution No. 81-165 and is contingent upon the batch plant operating within the parameters established by the Colorado Department of Health, Air Pollution Control Division. The above noted letter states that Kiewit Western co., can start production on Monday, October 20, 1986 and is obligated to have the appropriate testing done during operation. If Kiewit Western Company's batch plant fails the testing, the County will not pursue any action to suspend or revoke your Special Use permit, unless Kiewit Western is allowed to operate on your property after a failure to pass the emission tests. If you have any additional questions or concerns, feel free to call or write to this office, at your convenience. Mark L. Bean Planning Director MLB/emh XC: John Kemp Bob Emerson 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 aznsoToua/M Aauzoggv 'abzoa0 TTassn2I aznsoToua/M zaauTbug 'aa zn0 •r pzeMpg aznsoToua/M saoznosad zap.?M St7 'ON goTza.STQ aznsoToua/M buTuupTd go gualu;zedaQ Aquno0 pIaTJzeO aus aznsoToua/M goTzgsTQ uoTquAaasuo0 zageM zaATU oppzoToO au aznsoToua/M saoznosad zageM 5 'oN uoTsTATQ aznsoToua/M saoznosag zac1M Jo uoTsTATQ aquqs aus o0 aznsoToug zabpuput zaqum 'UP azoas 'abzoa0 TTassnd o zegazoas 'xooppeW gaupr zaauTbug pup Aauz saoznosag aa buTuupTd go quauzgzpdau g3Tz.4sTQ uoTquAaasuo0 zage 'sznoA ATazaouTs gqV stapTATQ gsaM M S' '0N g3TzgsTQ guno0 pIaTgapD aqI apATM opezoTo3 aus saoznosad zageM S 'ON uOTSTATQ saoznosad zagem/j o uoTsTATQ agegs aus :saTgTqua buTMoTToJ auq. og/paggTuzqns buTaq azp zo uaaq anew zaTeM asear oq utzoj aqua pup uoT4PoTTddV papueuz j egg go saTdop 'WM601i0C6 '0N gopzquoa zapun za3.eM asua' oq uzzod aqua pup uoTgpoTTddy papuautj panozdde auk. sT pasoToug /. / •oui 'uzaligzoN aTTgoW uza;saM :ad 05918 00 '01fld EZ£ 8650 Jallod '8 lanes L0919 03 's6uij anuany aIei8 9Z 11aJJn0 AJo6aJ0 10918 00 :Tned zpaQ 'sbuTzds pooMuaTO Z0C egTns 'anuaAi p pz0 ZO8 'oui buTzaauTbu aoznosad auoszng 's Tned £661 'c zagluanoN s poonuajO ZS918 00 '116S 77£ '21•0 658L vticoels auJage1 AJ.Nn ) EZ9L8 03 'alepuogJe3 EEL Len46ui LOL9 •Jr 'zlnew aor ZS9L8 00 '116S SLE 'b '0 5717 Aano0 Allax sJolaaJ!0 ;o pJeoa r' ! c661 c 0 AON 0S9L8 00 'allI8 L06 X08 • .0•d 'a6Joa. Jann1S XauJolly '.:Joao liassna L881-SZ9 J L881 -9g9 8L1T-09918 OQKUO'IOO 'g'IdI2i 8L1'T XOH '0 'd ZOI2is Q X3 WAII2SMO0 2i2SVM 3QIAT" Z M Jaleh JeloJaas ZS9L8 03 '11!S 772 '21'0 6581 lancoels auJane1 JaJnseaJI EZ9L8 03 'alepuogJe E£1 /eny6tH LI 9 'Jr 'z1new or luapisaJd aDIA 25918 ► '11Is SLE 21•0 SiL7 no0 Alla 1222-• 8 luapisaJd SJaat U0 GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE P.O. Box 640 Glenwood Springs, Colorado 81601 Phone 945-9158 December 8, 1981 Sievers Ranch & Develop. Co. 7149 S. Curtice St. Littleton, CO 81202 Ram Construction P.O. Box 646 Woody Creek Aspen, CO 81612 Fox Concrete Inc. P.O. Box 859 Carbondale, CO 81623 Gentlemen; RE; Special Use Permit for Sievers Ranch Please be advised that this office represents the Board of County 'Commissioners Of the County Of Garfield, State of Colorado, which on several. occasions in the past has issued special use permits for the present operations at Sievers Ranch. It is the desire of the Board that I communicate to you the fact that a complaint has been received from a nearby property owner as to overuse of County Road 109, by your vehicles. As you may recall, various representations have been made to the Board about your use of the public road. To the extent that the Board has relied upon your representations in granting you the permit, the Board feels that you are bound by these representations. Specifically, in regards to the asphalt batch plant, the representa- tion was that no more than 30 round trips per day would be made. The essence of the complaint is that the frequency of the traffic is much higher than this, at the present time. Therefore, it is the position of the. Board that your industrial operations should more closely conform to the representations that you made to the Board initially. To the extent that the Board in the future determines that this is not the case, then it has the authority, pursuant to the Garfield County Zoning Resolution of 1978 §9.01.06, to determine at a public hearing your compliance with the conditions of permits. To the extent that the Board determines that a violation has occurred, the Board has the authority to temporarily or permanently suspend the permit for operations. Sievers Ranch & Develop. Co., et al. December 8; 1981 Page 2 It is the request of the Board that you communicate with this office within ten days of the receipt of this letter as to your intentions to conform your activities to your representations before the Board. If this office can be of assistance to you, please don't hesitate to contact me. Very truly yours, Earl G. Rhodes Garfield County Attorney EGR/tb xc: J. Kemp, Esq.