HomeMy WebLinkAbout1.0 ApplicationAPPLICATION
SPECIALUSEPERM
Date: 9 January 1981
Applicant: Richard E White
Address of Applicant: 1801 W 2nd Rifle, Colorado, 81650
Special Use: Open pit mine for sand and gavel production.
40 A
I T
Legal Discription: that portion of the SW4NE4 and the NW4SEt1_ Sec 17
T65, R9314_, 6th. P.M. lying North Colorado River and South_ .. _
of the abandoned Willcox Canal.
Requirements:
1. Plans and specifications for proposed use.
2. Letters of approval from utility companies, sewage and water. Road access
and other information deemed necessary.
3. A vicinity map drawn to scale depicting the subject property, location and
use of buildings and structures on adjacent lots.
4. Names of owners of record of such lots. Notice containing information
described under paragraph 5 shall be mailed to all owners of record of
lots adjacent at least five (5) days prior to hearing by certified return
receipt mail.
5. Notice including the name of the applicant, description of the subject lot,
a description of the proposed special use and the time and place for the
hearing shall be given in the newspaper of general circulation in that
portion of the County at least fifteen (15) days prior to such hearing time.
Applicant shall borne the cost of advertising.
6. Afee_of_twenty-five dollars($25.00) shall be charged for each application
and shall be submitted with the application.
This Special Use Permit is in compliance with Sections 4.03 and 7.03 of the
Garfield County Zoning Resolution and as per application.
List all property owners within 200 feet of subject property lines.
Iver M. Villa; Rob't W Hutton; Scott W & Linda Sue Br_inildsotU___
Ectyl &Myrtle Degase
Attach map showing all improvements (present and proposed) and all pertinent
distances and area. Show all improvements on your property and adjoining
property within 200 feet of your boundary.
The above information is correct to the best of my knowlege.
Applicant
Proof of Publication
Mail Receipts
Fee
Special Use Granted Date:
Special Use Denied
Reason for Denial
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Chairman
410
Howard E Tley
P.O. Box 488
Glenwood Springs, Co 81602
Mined Land Reclamation
\\/
423 Centennial Building
1313 Sherman Street
Denver, Colo 80203
Attn: Joe Zalkind
Subj: West Rifle Pit
Your File 81-6
Dear Joe;
Further to my letter of 21 June 1982 and in reply to the in-
spection report of the boards reclamation specialist, Mr Brad
Jaynes, I submit the following for the operator Dick White:
1. A technical revision to the original permit will
be prepared. This technical revision is in process
now. I would hope that it can be finalized for pre-
sentation to M.L.R.B. within 60 days.
2. I have met with Division of Wildlife representative
Mr. Michael Grode and presented proposed plans for
mitigating efforts which appear to be acceptable to
them. As in the past I will review plans with Mike
for comments prior to submittal to M.L.R.B. for the
boards review.
3. It is my intent to include plans for the total now
anticipated gravel mining development in the tech-
nical revision.
4. Problems which resulted in clearing of the initial
site have been addressed previously. I propose to
flag or otherwise identify tree massess to remain.
Other areas which are not to be disturbed will also
be physically identified in order to prevent any
future misinterpretation or accidental damage.
I hope this reply is satisfactory to the board and fulfills
our requirements regarding response. If you have any questions
I may be reached at 945-7749 or 963-2832 evenings.
Ve y Truly (Y. urs "1
1
cc: Richard E White t__
Division of Wildlife Mr Michael Grode
Garfield County Planning ✓
STATE OF COLORADO •
Richare D. Lamm, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
Jack R. Grieb, Director
6060 Broadway
Denver, Colorado 80216 (825-1192)
230 Center Drive
Glenwood Springs, CO 81601
May 24, 1982
Mr. Brad Janes
Mined Land Reclamation
1.23 Centennial Building
1313 Sherman
Denver, CO 80203
RE: West Rifle Pit #81-6 -
Violation of Permit Condition
Dear Brad:
•
During the week of May 10, I received several complaints on the west Rifle pit
recently opened by White & Sons. The complaints alleged that cottonwood trees
were being indiscriminately removed and possibly pushed into the river.
On Thursday, May 20, I visited the site and found that the 100' undisturbed set-
back had been violated. With the exception of a few trees on the north edge near
the landowner's home, all cottonwood trees at the site had been removed and piled
along the river. As the applicant indicates in his March 21, 1981 letter the
cottonwood stand at the site was extremely dense. He estimated 170-220 excluding
the 100' buffer which is now void of cottonwoods. The number of trees removed \
including those that existed in the buffer most likely exceeds 1+00. The trees
have been pushed to within 10' of the river in some places and a maximum of 50
feet in other areas.
As you will recall in our wildlife statement of February 19, 1981, the Division
of Wildlife requested that good mitigation and reclamation be employed at this site
since it had an extremely diverse wildlife community present. The elimination of
the 100' buffer of cottonwood trees and other vegetation has eliminated an extremely
important habitat segment that afforded potential bald eagle perches; potential blue
heron nest sites; Canada goose nest sites; numberous wildlife species; protective
movement corridors; thermal cover; and vegetative screening for wildlife utilizing
the river corridor including the bald eagle.
In addition the debris piles so nearthe river allows sediment to erode into the
river at high water.
The disturbance and removal of the vegetation within the 100' setback has destroyed
all functions that could have reduced impacts to wildlife. For this reason I would
recommend that as a minimum the operator be required to:
DEPARTMENT OF NATURAL RESOURCES, Monte Pascoe, Executive Director • WILDLIFE COMMISSION, Donald Fernandez, Chairman
James Smith, Vice Chairman • Richard Divelbiss, Secretary • Jean K. Tool, Member • James C. Kennedy, Member
Michael Higbee, Member • Sam Caudill, Member • Wilbur Redden, Member
• •
Mr. Brad Jones May 24+, 1982
Page 2
1. Remove the trees and other debris piled along the river from the 100' setback.
2. Immediately revegetate the 100' setback with native shrubs, grasses and cotton-
wood trees. Shrubs should consist of chokecherry, wild current, wild rose, and
plum.
3. A minimum of 200 cottonwood trees of 10-12' in heigth should be planted in the
100' setback.
4. All revegetation should be completed by November 15, 1982 and a plan of continuous
maintenance developed concurrently.
This constitutes what is necessary to regain vegetation and subsequently wildlife
in the shortest period of time. Please advise me of the final status of this
violation.
Sincerely,
.Ar\,t.L.C,4)-4--P -5/1-'4-1-'
Michael R. Grode
Wildlife Biologist
MRG:ch
xc: J. Leslie
P. Will
Terry Bowman - Garfield County Planning
(2) File - West Rifle Pit - Garfield
1
•
THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY
E. H. WARING
cm's, ENGINEER
P. O. BOX 5482
DENVER, COLORADO 80217
November 24, 1981
File: Contract No. 28766
Mr. Richard E. White
White & Sons Construction, Inc.
28485 Highway 6 and 24
Rifle, Colorado 81650
Dear Mr. White:
Enclosed herewith is your fully executed copy of Private Way License
(Contract No. 28766) dated October 8, 1981 relative to a 32' wide
private roadway crossing two tracks at Railroad Company Mile Post
387 plus 1432 feet near Rifle, Colorado and the installation of
flashing light signals with gates at this crossing.
Enclosure
Very truly yours,
E. H. Waring - Chief Engineer
By
R. L. illk
Office Engineer
21."'\
Www
,Form 3362 (Rev. 2-60)
sq\s"
Contract No.
PRIVATE WAY LICENSE.
THIS AGREEMENT, Made and .entered into this 8th day of ' October A. D. 1981
by:and between THE .DNVER AND, RIO 'Gi1ANDE WESTERN RAILROAD COMPANY, a corporation of the State of
Delaware;. hereinafter called the,"Licensor",party of the first part, and WHITE & SONS. CONSTRUCTION, INC.,
a Colorado. corporation.` 28485 Highway 6 & 24.E Rifle, Colorado, '81650
hereinafter called the "Licensee" of the second part:
WITNESSETH, That the Licensor, for and in consideration of the covenants and agreements of the Licensee herein
contained and upon the terms and conditions hereinafter set forth, hereby licenses and permits the construction,
maintenance and use of the private way of private, ways hereinafter described (hereinafter called private way") across ';
' ;the right of way arid track or; tracks of the Licensor' as herein specified, to wit:
•
M `.
A, 32400t wide 'tract ox`•parcel of lan4 extending.
at right Angles` across the 100 -foot right of way,,
property and tracks of'the Licensor at.Mile Post
`187 plus 1432 ;feet, 'near Rifle, • Garfield County,
Cglorado,, as •shova:'in 011ow oit the attached map,
' This license'' is: expressly conditioned upon?:the performance by the Licensee of all' and singular the covenants and `'i
agreerpents'hereinafter set•forth to be by said "Licensee 'kept and performed, each of said covenants and agreements
;being hereby made a condition; and te,is also hereby stipulated that a waiver by the Licensor of: any breach of any
eondition'shall in. no way impair the right .of the ;Licensor to avail itself of any subsequent breach of the same or any ,
otlter'conditon '
t PRIVATE WAY'as arid wherever said term is employed herein, shall mean a way for travel for pedestrians, vehicles,
irnplements and live stock, Itis expre sly stipulated that t w e rive e y is to be a strictly private one and is not in- .
•
tended for public use,,' itS use shall De . lmitec to the Licensee, its employees and those
having business with the Licensee
roaches, Planking, ditches, drain, tiling, drain boxes, culverts, cattle
',And said'term,shall include such,'grading, app g.
•
guards, wing fences and fences, gates with proper hinges:and latches, raising of telegraph, telephone and signal wires'
, .for• proper clearance, and such signals, bells, sign post and signs and other safety devices as shall in the particular
r‘':
'0' the Licensor,.however; shall have the right; if it so elects, at any time, though it shall be under no obligation whatever
to do so,' to 'make necessary or proper repairs or to reconstruct said private way, notwithstanding the obligation of,'
the Licensee ,to maintain; 6 repair and reconstruct, and in the event the Licensor at any time elects to repair or re-
construct said private way, the Licensee shall,'upon presentation of estimates,; advance such sum of money as the '•
p u p4 ion, or upon bill being rendered for work already done,
' x �.iceasor 'may 'deem necessary .fon such repair ir or reconstruct
a +. thew,I.icerisee shall reimb rse !,the for theecost , of such a repair or, constructIOn. The optibna�i .right of the.;
Licensor to'make repairs• or :td' ree nstruct said private way Shall in no manner or degree relieve the Licensee from t..
responsibility to the Licensor ,or to other persons or corporations for the failure of the Licensee to properly main-
tain � , •.; a� way, any , ,` w , , ., - m• `" e- ,'
Lain or'reconstruct said private or structure which the Licensee agrees, as aforesaid to maintain or t
construct. '
s;
3.' The Licensee, at the ieensee's 't:xpense, shall; keep the .flangeways at said private way clean and free from
dirt, rocks and other material,.' and shall. notr.foul or permit the fouling of any,traek of the Licensor; or permit any
. condition which.will. interfere with the safe operation of locomotives, cars or trains over said private way.. '
'
l'" 4. '. The Licensee agrees to pay to the Licensor; in advance, the sum of $ 3(4. 00 , as consideration for'
�:,, license and permit herein: granted.
5. If at any time after the installation of said private way, Any law,. State Or Federal, or any officer or regulatory
board or, commission,. State or Federal, having jurisdiction, • shall ,require any alterations, changes or improvements of'
said private way '`and of its appurtenances, as herein 'defined, or any additional.safeguatds, protection,' signals or
warnings, the same shall be constructed, maintained and operated at the sole expense of the Licensee, as herein
P 6.Thea Licensee shall not enter upon .the premises for the purpose l of or constructing
ggss saidprivate
and obtained n
provided with respect to maintenance, repair, reconstruction, etc. inparagraph 2 hereof.'
'nor foF the
purpose of repairing or renewing the .same, without special writtenpfrom thee.
Licensor,. or the'Licensor's duly authorized agent, except In cases of emergency when work is necessary` to avert loss
or damage to property. All work 'Of construction, maintenance, operation or reeonstruction...shall be done by the .•
.Libensee in such manner as to cause no interference with the constant, continuous and uninterrupted use of'the"tracks
and property of. the 'Licensor as to operation, maintenance, renewals or possible new construction by the Licensor.
7. This license shall' not be deemed • to give the Licensee' exclusive possession of arty part of the ° premises'
described, but the ,Licensor shall have unimpaired right to retain its. track or tracks as' now owned and operated'
. at the place, of construction of such private way, and nothing 'shall be done or suffered to be done by the Licensee at
any time that shall in anymannerimpair the usefulness or safety of said track or tracks of the Licensor or of any,
track or improvement to' behereafter constructed. The Licensor shall have the right at any and all times hereafter.
to construct, °maintain and operate such additional tracks, structures and improvements where said private way
is to be constructed and .across the same, as it may from 'time to time elect; and in case of any change at any time,,'
in the arrangement, construction or plan of the Licensor's tracks, or in case of the construction of any buildings or•
improvements by the Licensor, said private way shall be altered or entirely removed by the Licensee at the sole '
cost and expense of :the Licensee, in such manner as may be necessary to conform to the - tracks, buildings or
improvements of the Licensor as so changed, altered or 'improved, and if the Licensee shall fail to do any of the
• P cost of the' Licensee.;
things in this paragraph enumerated, the Licensor may: do or cause the same to be done at the
8. The Licensee assumes the entire burden and dutyof keeping the gates at rivate way locked when
; not in use, and thesole duty and burden of preventing the use of said private way by any persons, firms or corpora=
tions, other .than -those -mentioned herein for whose benefit said private way is licensed; and assumes' all liability, •
fordamage to or destruction of property, injury to or the death of persons resulting from the use of said private
way by persons other than thosefor whose benefit said private way is licensed, or resulting from the failure on the ,
part of the Licensee to keep the gates closed and locked and the said private way and'all of its appurtenances in
safe condition. A ,
9, The Licensee shall at all times` protect, indemnify and save harmless the Licensor, from any and all claims,
- demands, judgments,' cost, expenses;, and all damage of every kind and nature made, rendered or incurred by or in
behalf of any person, or, corporation whatsoever, in any manner due to or arising out of, any injury to or death of
any person;` or damage -to property of any person or persons whomsoever,, including the parties hereto and their
'officers,' families, servants and employees, 1n -any manner arising from or growing out of the construction, main
' tenance, operation, repair, extension, renewal, existence,. use or removal of said private way, or the failure to prop
erly construct, operate,' maintain, renew .or, remove the same, and from all costs and expenses, including attorneys'.
fees connected in anywise with the matters and things contained in this. agreement. Neither the right of supervision
•
' by the Licensor of the location,: installation, operation and the maintenance of said private way, nor the exercise '
or failure to exercise said right, nor the approval or failure todisapprove, by the Licensor of the, location, installation,
operation and maintenance of sald private way, nor the election of the Licensor to construct or reconstruct the whole
or any. part or to repair, said private way, shall be deemed a waiver of the obligations of the Licensee'contained in this
paragraph or a release therefrom, or from any other obligation of this agreement resting upon said'Licensee that is
hereinbefore or hereinafter expressed or implied.
• .10. , If the Licensee shall fail to locate, construct, operate, repair, extend, renew or remove said private way
in accordance with the'. terms of this agreement and to the entire satifaction of the Licensor, or shall fail to pay
to the Licensor any Bum of money for the construction, repair, extension, renewal or removal of said private way,
or shall fail to adjust the said private way to• any changes made by the Licensor, or shall in any respect fail to keep
and perform any, of the conditions, stipulatipns, covenants and provisions of this agreement to be kept and performed
by the said. Licensee, this agreement shall atthe option of the Licensor be void and of no effect; and' this license
shall cease and the Licensor shall have the right to remove said private way and restore the right of way and',
premises of the Licensor at any time thereafter at the `sole expense of the Licensee. Any forfeiture hereunder.: may
-be. claimed by the Licensor without notice to the Licensee. Any notice herein provided for shall be sufficiently given'
and delivered if mailed in an envelope properly stamped and addressed to the Licensee at the last known post office
address, or ifno address is known, at the post `office nearest to the place where the said private way is located.
11. Non -user of such private way for the purpose for which- it was originally constructed; continuing at any
time for the period,of one year, shall constitute an abandonment of this license. Unless so abandoned or terminated,
as hereinabove or hereinafter provided, this license and agreement shall remain in full force and effect until term'-
.nated by written notice given by either party to the other party not less than sixty days in advance of the date of such..
termination; but it is understood that if at any time the mainenance and operation of said private way shall be incon?
sistent with the use by the Licensor, of the right of way for railroad purposes, this license shall immediately cease.':
ipso, facto.
12. '•Within thirty days after the termination of this agreement howsoever, the Licensee, at Licensee's sole expen'se,` '.
shall,iifthe Licensor so desires the Licensee to do, remove the said private way (including all approaches, planking,
gates, and all other structures constructed in connection with said private way) and restore the premises of. the.
Licensor, including all right-of-way fences, to a condition which will be satisfactory to the Licensor, and if the Licensee
';;`fails so to do, the Licensor may do such work of removal and restoration at the expense of the Licensee. In the event
of the removal of the private way as in this section provided, the Licensor shall not be liable to the Licensee for the
damage sustained by Licensee for or on account of such removeal, and such removal shall not prejudice or impair
any right of action for damages or otherwise which the Licensor may have against the Licensee.
•., See Section 13 attached hereto and hereby made a part hereof.:
14. The covenants, stipulations .and . conditions of this agreement shall extend to and be ' binding upon the
Licensor, its.successors and assigns, and shall extend to and be binding upon the Licensee and the heirs, administrators,
executors, successors and assigns of the Licensee (as the context may admit), and the term "Licensee',; used herein
shall be held .to include such persons, copartnerships or corporations as are mentioned herein as''Of 'the second part.
The Licensee shall not assign this license or any interest therein directly or indirectly, nor incumber the same
without the. written consent of the Licensor first had and obtained.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year
first'; hereinabove written.
ATTEST:
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY, Licensor
Chief Eiineer
WHITE & SONS CONSTRUCTION INC.
President
Licensee ;
e
ilroa
Section 13. For the further protection o f to therRailr ad Ctapany,
the Licensee, before any work is begun, agrees
at Licensee's own expense, in a company acceptable to the Railroad Company,
Comprehensive General Liability Insurance in minimum limits of $500,000 for
one person; $1,000,000 for ons accident for bodily injury, and #500,00 for
property damage, which policy shall specifically insure the liability
Licsasee
assumed by the Licensee under Section
C ertif Scatee of of this nsis duplicate,
shall furnish the Railroad Company
evidencing such insurance to be il�stlforce and thirty (30)days'advancathat
wsittesame
will not be cancelled without at written
notice by Insurance Company to the railroad Company's Insurance Dep
P. 0. Box 5482, Denver, Colorado, 80217, and in addition to other informa-
tion, contain the following languaget
Notwithstanding anything contained therein to the
contrary, policy hereinabove referredo by is ext E tended
to specifically insure liability red
r
SONS CONSTRUCTION, INC. under Section 9 of an Agree
ment dated October 8, 1981 with THE DENVER ANNDoRIO
GRANDE WESTERN RAILROAD COMPANY, covering use
f
Railroad Company's property at or about Mile Post
387 + 1432 feet, near Rifle, Colorado.
strivitliwritrIfIRciws
3rtificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 'HOLDER•.'
THIS CERTIFICATE. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OF AGENCY
Paul Linden & Co.
10 Lakeside Lane, #109
Denver, Colorado 80212
COMPANIES AFFORDING COVERAGES
NAME AND ADDRESS O1- INSURED
White & Sons Construction, Inc.
28485 Highway 6 & 24
Rifle, Colorado 81650
COMPANY A
LETTER A Maryland Casualty Insurance _Co.
COMPANY
LETTER Mission Insurance Co.
COMPANY ■
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
This is to certify that policies 01 insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued o may pertain, the insurance of orded by the policies described herein is subject to all the
•
terms, exclusions
RCOMPANY
[HAI(1 R
ano conolllu,lp VI JUL. VV111..lO.
TYI'F Of IN`.iURANCF
POLICY NUMBER
EXPIRAI
Limits of Liability in Thousands (000)
POLICY
ION DAI1
f A€II
OCC11I7121 NCI
AGGI1I I:AI I
A
GENERAL
LIABILITY
FORM
AND COLLAPSE
HAZARD
rrrD
ItAI IONS HAZARD
INSURANCE
FORM PROPERTY
CONTRACTORS
INJURY
GL61759309
1/1/82
RODILYINJURY
PROPERTY DAMAGE
s 300
$ 1 00
$ 300
$ 1 00
r COMPREHENSIVE
r PREMISES—OPERATIONS
EXPLOSION
�) IIAZARD
L,)Q UNDERGROUND
uPRODIICIS/COMPI.
� 01'I
(Lx1 CONTRACTUAL
�.X! BROAD
DAMAGE
I7( INDEPENDENT
54 PERSONAL
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
b
$
PERSONAL INJURY
$ 300
A
AUTOMOBILE
( I I COMPREHENSIVE
I
LIABILITY
FORM
CAMO 1608698
O
1 / 1 /82
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
$'
- r.
19 OWNED
PROPERTY DAMAGE
r HIRED
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$ 500
r NON -OWNED
B
EXCESS
LIABILITY
FORM
THAN UMBRELLA
M856129/81
1/1/82
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$ 1,000
$ 1,000
r UMBRELLA
OTHER
FORM
A
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY•
CP28621342
1/1/82
STATUTORY
$ 100
`E N'"p""""
Di CRIPIION
'Notwithstanding
extended
9 of an
covering
OTHER
01 OPERA; IONS/LOCAIIONSNEHICI.ESAll
anything
to specifically
Agreement dated
use of Railroad
Operations - All Locations
contained therein to the contrary,
insure liability assumed by
October 8, 1981 with THE DENVER
Company's property at or about
policy
WHITE & SONS
AND RIO
Mile Post
hereinabove referred to is
CONSTRUCTION, INC. under Sect
GRANDE WESTERN RAILROAD COMPANY
387 + 1432 feet, near Rifle,
Colorado.
Cancellation:
Should any of
pany willorod)Rxxxxto
iNkckxgotviV
the above described policies be cancelled
mail 30 days written notice
to
before the expiration
the below
D"" 'SSL""
�
"REVISED"
date thereof. the issuing com-
named certificate holder, xai(IoIC1+?4; Lt4eK
oosatmpax/.
11//81
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NAME AND ADDRESS OFCERT IrICATE1101DER:
The Denver and Rio Grande Western Railroad
Company
Attn: E. H. Waring, Chief Engineer
P. 0. Box 5482
Denver, Colorado 80217
0- ---°.0'
A THORIZED REPRESENT
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CONTR` f NU.. 2�P 8 -37
• GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, C❑LORAD❑ 81601
2014 BLAKE AVENUE PHONE 945-8212
March 18, 1981
Re: Richard E. White
Special Use Permit
To whom it may concern:
On February 9, 1981, the Board of County Commissioners
of Garfield County granted a conditional approval to Richard E.
White for a gravel pit operation located in the SW4 NEQ and the
NWQ SEQ of Section 17, Township 6 South, Range 93 West of the
6th Principal Meridian.
The two conditions that were attached to the motion of
the Board were as follows:
1. That the applicant provide the County with
a letter from the State Highway Department
regarding access to the site from their R.O.W.
2. That the applicant provide the County a letter
from the Denver Rio -Grande Railroad regarding
access to the site across their R.O.W.
Garfield County will issue the special use permit when
the above conditions have been met.
Sincerely,
PLANNING DEPARTMENT
adbLo 4/1.1k.A.J1_
Davis S. Farrar
PLANNER
DSF/rg
•
• GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO E31601
•
2014 BLAKE AVENUE PHONE 945-8212
March 18, 1981
Lues+ egle FI -k- - Nl
Re- and White
Special Use Permit
To whom it may concern:
On February 9, 1981, the Board of County Commissioners
of Garfield County granted a conditional annrn_,<a1.. to Richard E.
White for a gravel pit operation located in the SW':, NPA and the
NW' SES of Section 17, Township 6 South, Range 93 West of the
6th Principal Meridian.
The two conditions that were attached to the motion of
the Board were as follows:
1. That the applicant provide the County with
a letter from the State Highway Department
regarding access to the site from their R.O.W.
2. That the applicant provide the County a letter
from the Denver Rio -Grande Railroad regarding
access to the site across their R.O.W.
Garfield County will issue the special use permit when
the above conditions have been met.
DSF/rg
Sincerely,
PLANNING DEPARTMENT
(:///0-64.b
Davis S Farrar
PLANNER
XLAA-0LA._
•
4
Mr. Davis Farrar
Garfield County Planner
2014 Blake Avenue
Glenwood Springs, Colorado 81601.
2
January 28, 1981
Re: Richard White Special Use Permit
Dear Davis:
The City of Rifle has no opposition to the development of the West Rifle
Pit. However, there are some conditions that the City of Rifle would like to
see imposed on this permit. They are as follows:
That the applicant not be allowed to extract gravel within 50
feet of the high water level of any channel of the•Colorado River.
2. That the City be copied on the U. S. Army Corp of Engineers'
permit (if needed).
Thank you for your cooperation in this matter.
RFL/ds
Richard F. Lessner
Assistant City Manager
§N7{q
JAN 3 01981
GARFIELD CO. PLANTS _.il
337 East Avenue P.O. Box 1908 Phone 625 - 2121 Rifle, Colorado 81650
25CTA HOME OF "OIL SHALE"
��oo
Commissioner's Meeting - 4 October 1984 - 10:00 A.M.
White and Son Gravel Pit
1. We or no other property owners to the North of the White
property were given any written notice. Our property, consisting
of 11 rentals on 1 1/2 acres is directly across the road from the
White property and T consider it a bordering property.
2. The entire 2 block area directly to the north of the gravel
pit is residential and has been for many years and is so taxed.
3. The gravel pit was not approved until 30 April 1984 yet it
was allowed to operate for over two years.
4. The pit and storage areas were built right next to the Colorado
River in the State Flood Plain Area, contrary to the County's
approval or where White said it would be located. Further, 1:0
place it in this location a huge ten foot high dike bordering
the river had to be constructed above ground level.
5. Once the county did grant approval, you established noltime limits,
i.e.,hours, days, years. While you were aware of it being in a pre-
dominantly low income residential area where you know we were one
of the owners.
6. In early 1983 as the noise level of the crusher running at all
hours grew and the completion of the R.R. signal, my tenants
started moving out as they couldn't stand the constant noise
Right now I have nine vacancies and when you go to show a house
and they see and hear what is going on at the gravel pit, they
just drive off even though the rent is only $150 to $190 per month.
-2-
7. In 1983 when the assessor more than doubled our property values
and we appealed them to you stating what the property cost and what
was happening as a result -of this gravel pit you denied our appeal.
In May of 1984 when the County Assessor visited our property at my
request and saw and heard the noise he stated:The Commissioners
really have destroyed you and all the other surrounding residential
properties.
8. What I can't understand is why we are having to pursue this
matter at a considerable expense to our family, when White & Sons
illegally started this gravel pit and storage facility without
approval. Further, locating it in an unapproved area where White
was told not to do so and not where he implied to you that it and
the R.R. crossing would be located. This action should have been
taken by your staff when he first started this illegal operation.
Robert C. and Betty Lou Schenck
0506 105 RD.
Carbondale, CO, 81623
Sub j'ects White and Sons 'Crewel Pit Operation
State of Colorado,— Department of Natural Resources — Room:721
N.W. Corner — 1313 Shermac 3t. Denver, Colorado
Larry. Lang — Bryan Fide
Meeting: 10: January 1985 — 8430)— 10:30 a.m. — Schenck, Ibde and Others
1. I was shown and explained the Flood Plain Information Engineers, Document
as
prepared by the Department of the Army — Carp
ed
April 1973. This document was accepted by the State of Colorado and
designated for adoption by Resolution No. 22 on 11 July 1973 for
compliance as a state statutes. This document was furnished to
officials of both Garfield County and the City of Rifle for their
adoption and compliance. I was told that all future county and city
decisions on land use were required to be based on those flood
plain maps and elevations.
2. I wee told and shown that according to the Corp of Enginners maps
and elevations that the White and Sons Gravel Pit and Storage Areas
were in the 100 year Flood Plain Area. Also that the 1983 and 1984
high water marks are well below the 100 year flood plain area as
recoaded by the U.S. Corp of Engineers. This is further documented
by the high water gauge records shown for the Glenwood Springs and
Cameo high discharge flews.
3�. Aeaordingly, after showing the state personnel my 1984 aerial
photographs of the White and Sons gravel operation and comparing
them with the Corps maps and elevations for that area it could
readily be seen that the operation was in the 100 year flood plain.
Further, that the operation was located in an area that is in
direct violation of Garfield County Resolution No. 84-83, dated
30 April 1984, when Richard Whites Special Use Permit was approved.
It was also noted that a dike had been constructed to keep out the
high waters and that they knowingly commenced operation long before
the neceessry approvals had been granted.
4. Copies of maps and elevations were furnished to me by the state
for proof of violations.
44, 4164.1.4
Nobert C. Schenck Sr.
JAL
DEPARTMENT OF HIGHWAYS
ST4TE OF COLORADO
DIVISION OF HIGHWAYS
DOHForm1O1
Rev. Nove . r, 1982
,ePR z4
STATE DEPARTMENT OF HIGHWAYS
ACCESS PERMIT
PETTIT FEE PAID IN FULL ON APRIL 23, 1984 .
SH No/MP/Side 6/91/Rt.
Local Jurisdiction Garfield County
Dist/Section/Patrol 30210
DOH Permit No 384022
Permit Fee. 75.00
Date of Transmittal 4-17-84
Richard E. and Atta Dee ^hire (herein called permittee) is granted permission
to construct an access approach on the south side of State Highway 6 , a distance of 1,200
feet east from milepost 91 also known as , for the
purpose of obtaining access to gravel gait & asphalt plant The access approach shall be constructed,
maintained and used in accordance with the State Highway Access Code, the terms and conditions of this permit, site
requirements noted below, this paragraph, and listed attachments. This permit may be revoked by the issuing
authority if at any time the permitted access approach and its use violate any of the terms and conditions of this permit
or the State Highway Access Code. The use of advance warning and construction signs, flashers, barricades and
flagmen are required at all times during access approach construction within State right-of-way in conformance with
the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The Department of Highways, its employees
and agents shall be indemnified and held harmless against any action or damage to property or persons sustained by
reason of the exercise and use of this permit.
SITE REQUIREMENTS
1. Contractor shall follow tre._applic,able construction specifications set for by the
Department of Highways in the •latest manual Standard Specifications for Road and
Bridge Construction.
2. Owner is responsible fox any utilities disrupted by the construction of this driveway
ana all expanses incurred for„repair.
3. Any damage to any existing Highway facilities shall be repaired prior to continuing
other work.y'.`.
4. Driveway shall be constructed .a$ feet wide with a 50• -foot radii.
5. Highway widening for the right turn..deceleration lane shall he 12 feet wide,and 450 feet
long, including a 270 foot taper, Lanes shall be constructed as per Colorado Department
of Highways specifications, with the following material placed for final grade: 12
inches ABC, Class 1; 6 inches APC, Class 5; and 4 inches of Hot Bituminous Pavement,
Grading E placed in 2, 2-inchllifts•
Highway widening- for the right. turn acceleration lane shall be 12 feet wide and 850 feet
long, including a 270 foot taller. Lanes shall he constructed as per Colorado Department
of Highways specifications, with.the following mateoiel placed for final grade: 12 inche
ABC, Class 1; 6 inches ABC, Class 6; and.4 inchee of Hot Bituminous Pavement, Grading
E or EX placed in 2, 2 -inch lifts.
7. Surfacing for driveway approach, 1=a ,required as.. follows: 6 inches of class 6 gravel and
4 inches of HBP in 2, 2 -inch lifts of grade E, EX, or equivalent. The asphalt cement
in the HBP shall be AC 10.
8. Compaction of sub -grade, r nban}artents .and backfill shall comply with Section 203.11 of
the Division of Highways Standard Specifications.
9. Compaction of Het Bituminous Pavement (HBP) shat ccmply with Section 401.17 of the
Division of Highways Standard Specifications.
10. No drainage from this site shall.enter onto, the s' face of the highway.
11. The first 20 feet beyond the closest highway lane, '..including speed change lanes, shall
slope down and away from. the hip;hway , at a 2` grade to ensure proper drainage control.
SEE ATTACHED SHEET FOR ADDITIONAL SITh REQU EM1 NTS
Where the appropriate local authority retains issuing authority, local approval is required
MUNICIPALITY OR COUNTY
By (X)
"Not Required”
Date ' Title
Upon the signing of this permit the permittee agrees to the terms and 'conditions and referenced attachments
contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within
45 days from initiation. The permitted access approach shall be completed in accordance with the terms and
conditions of the permit prior to being used. The permittee shall notify Milt (. S'
with the Colorado Department of Highways In rylen.:`ool `'"r"t'CS at 945.7441
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access.
Permittee (X)
Date 5'/9'
This permit is not valid until signed by a duly authorized representative of the State Department of Highways.
STATE OF COLORADO, DIVISION OF HIGHWAYS
E.N. HAASE, CHIEF ENGINEER
Hwy. Mtce. Supt.
By(X) ltit, y Date ,j... c.� Axa Title
)f �J c._ —
COPY DISTRIBUTION
White, MTCE Section
Pink, Applicant
Canary, Local Jurisdiction
White, Staff ROW
Pink, MTCE Patrol File
Canary, Inspector
Blue, Traffic Eng.
r
The following paragraphs are standard terms and conditions of the permit. A copy of the State Highway Access Code jbg reliable
for your review at your issuing authority or the State Department of Highways.
1. The permitted access approach shall he completed in accordance with the terms and conditions of the permit prior to being used. In accepting
the permit. the applicant agrees to all terms and conditions of the permit, If the applicant does not agree to all the terms and conditions of the
permit, the permit shall be deemed denied.
2. Should the permittee or applicant object to any of the terms or conditions of the permit placed therein by the Department, he must do so within
60 days of transmittal of the permit for his signature. He may. 1) make his objections known to the issuing office of the Department and request
reconsideration of the Department's action, and 2) he may appeal the Department's action to a hearing before the Colorado Highway
Commission or before a hearing officer, at the discretion to the Commission.
3. Any appeal by the applicant or permittee of action by the issuing authority when it is the local government of jurisdiction under Code Section
2.4, shall be to the local government and be consistent with the standard appeal procedures of the local government.
4. The permittee or applicant wishing to appeal to the Colorado Highway Commission shall make his request for the hearing in writing and
submit it to the Colorado Highway Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons the
permittee or applicant is appealing the action and may include recommendations by the permittee or applicant that would be acceptable to
him,
5. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the
Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, issue a new permit, or require
the applicant to reapply for reconsideration. Changes in the original application or proposed design will normally require submittal of a new
application.
6. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit or a
denial, if the permittee or applicant wishes to appeal the Department's decision to a hearing before the Colorado Highway Commission, he
must do so within 60 days of transmittal of the notice of denial or transmittal of the permit.
7, The permit shall be deemed null and void if the access approach is not under construction within one year of the permit issue date or before
the expiration of any authorized extension. A time extension, not to exceed one year for each extension, may be requested of the issuing
authority in writing by the applicant prior to expiration of the permit, Denial of an extension may occur only when the issuing authority
assertains and documents that unforeseen and significant changes in highway traffic operations or proposed access approach operation,
have or will occur that were not accounted for in the irsuing of the permit.
8. The applicant shall notify the individual or the office specified on his permit of the pending conslructiurs prior toccaras:ruction
in State Highway rights-of-way. The access approach shall be completed in an expeditious and sate manner and shall be finished within 45
days from initiation of construction within the right -of --way. A construction time extension not to exceed 30 working days may to requested
from the individual or office specified on the permit.
9. The construction of the access approach and its appurtenances as required by the terms and conditions of the permit shall be completed at
the expense of the applicant except as provided below.
10. it is the responsibility of the owner of the property to ensure the use of the access approach to the property is not in violation of the code,
permit terms and conditions, or the Act. The terms and conditions of the permit are binding upon all assigns, successors -in -interests and
heirs.
11. When a permitted driveway is constructed or used in violation of the code, permit terms and conditions, or the Act, either the issuing authority
or the Department or both may obtain a court order enjoining violation of the access code, permit terms and conditions, or the Act. Such
access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its use fail to meet the requirements of the
Act, the access code, or the terms and conditions of the permit.
12. Reconstruction, relocation, or conformance with this code of any driveway, whether constructed before, on or after June 30, 1979, may be
required by the Department with written concurrence of the appropriate local authority either at the property owner's expense if the
reconstruction or relocation is necessitated by a change in the use of the property or a change in the type of driveway operation or at the
expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the
relocation or reconstruction shall be determined by reference to the standards set forth in the code.
13. The property owner or representative serviced by a lawful access approach may make a physical improvements to the access approach with
the permission of the issuing authority. The applicant shall make his request on standard perrnit application forms and specify that his request
is for improvements per this subsection. Denial of the application tor improvements does not constitute revoking the existing access
approach authorization.
14, Parking on state highway right of way is proei bites except where posted
15. After sight distance requirements are met and en ucc e es permit issued, a sign structure or parked vehicle shah not be permitted
Obstruct the required sight distance
16. ' In the event it becomes necessary 10 remove any right.t
approved end post before the fence is cut to prevent 'any
engineering district representative of the Department,
ay trfnee, tr
ifs on e tb. r :;!le of the
lasing fence. Ali posts n
a
here it will
it securely braced
alt be turned over to tate
17. Where necessary to remove or relocate a stay highway 1r;sttic conte l device for the Construction of a permitted access approach, such
relocation or removal shalt be accomplished qty the applicant at his expense and at the direction of the Department. Any damage to the state
highway beyond that which is allowed in t1ye permit shall be repaired immediately.
18. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions in construction may be
ordered by the Department field inspector to meet unanticipated site conditions.
19. The permit may require the contractor to notify the individual or office specified on the permit at certain phases in construction to allow the
field inspector to inspect various aspects of construction such as concrete forms, subbase, and base course compaction.
20. The occupant and the property owner of the property serviced by the access approach shall be responsible for (1) meeting the terms and
conditions of the permit and, (2) the removal or clearance of snow or ice upon the access approach(es) even though deposited on the access
in the course of the Department highway snow removal operations. The Department shall maintain in unincorporated areas the highway
drainage system, including those culverts under the access approach which are part of that system within the right-of-way.
NOTE: "Act" means the highway access statute, CRS 1973, 43-2-147 as amended.
"Code" means the State Highway Access Code as adopted and amended by the Colorado Highway Commission.
"Department" means the State Department of Highways.
1
SITE REQUIREMENTS (Continued) Permit No.384022
12. The new pavement shall slope on the same plane as the present pave-
ment surface.
13. Fill/cut slopes shall be at a 2:1 slope on the roadway and at 6:1 on
the access approach.
Howard E. Tingley
Private Consultant
P.O. Box 488
Glenwood Springs, Co 81602
10 September 1982
Mined Land Reclamation
423 Centennial Building
1313 Sherman street
Denver, Colo 80203
Attn: Mr Joe Zalkind
Subj: West Rifle Pit Amendment
MLR File I 81-6
Dear Joe:
Enclosed are four copies of the amendment application for the
West Rifle Pit complete with exhibits 1, 2 & 3 (Pre -Mining,
Mining and Reclamation Plans), application fee and proposed
copy of the public notice.
I am confident that this amendment provides a better reclama-
tion standard, one which will quite adequately compensate for
any problems incurred by the initial mining preparation.
I have alerted the Division of Wildlife by copy of this letter
and with exhibits 1, 2 & 3. I will walk the site with Wildlife's
Michael Grode at his convenience. Garfield County Commissioners
will also be advised of this amendment by copy of this letter.
A copy of the application has been placed for public review with
the Garfield County Clerk and Recorder at the County Courthouse
in Glenwood Springs.
If Jim McArdle or another representative of Mined Land Reclama-
tion wishes to review the site with me I will be available at your
convenience. If you have any questions contact me at 945-7749.
REspectfully,
ward E Tingley i
Encl: Amendment appl cdtion (4 copies)
Application Fee - $435.00
Copy of Public Notice
CC:
R.E. White w/application & public notice
Div of Wildlife, Michael Grode w/exhibits 1,2 &3
Garfield County Commissioners