HomeMy WebLinkAbout03.0 CorrespondenceP.O. Box 640
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
Glenwood Springs, Colorado 81601 Phone 945-9158
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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
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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
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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
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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
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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
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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.
