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Home My WebLink About06.0 CorrespondenceJOHN L. KEMP ATTORNEY AT LAW 811 COLORADO AVENUE P. O. BOX 888 GLENWOOD SPRINGS, COLORADO 81801 PHONE 1808) 048.8474 April 29, 1977 Mr. K. T. Johnson Assistant County Attorney P. O. Box 1055 Glenwood Springs, Colorado 81601 Re: Sievers Land Company Special Use Permit to extract gravel Dear K. T.: You and I discussed this matter by telephone this morning. I am enclosing two originals and two copies of the first two pages of the above client's application for Special Use Permit. These pages are exactly the same as the those currently on file with the exception that in the paragraph entitled "Purpose" on the first page, the reference to the state statute is now C.R.S. 34-32-110 instead of 34-32-111. On the second page all references to County Road 108 have been deleted and instead County Road 109 is referred to since this is the correct road designation. Both of these matters were apparently typographical errors by the original attorney who prepared the application. The only one of any consequence to us is the statutory reference since, in applying to the state for a state permit under the Land Reclamation Board I find out that C.R.S. 34-32-110, under such Board's rules applies to a procedure for an emergency permit to be issued in ten days for the sale of gravel only to governmental agencies. Whereas, the reference to C.R.S. 34-32-110 applies to all other such permits which is what is desired by this client. You will not be able to tell this from reading those statutes, but it can be easily checked with the Department of Natural Resources, Land Reclamation Board in Denver whose number is 8923567. In any event, it did not appear to me that it would in any way affect the issuance or non -issuance of the special use permit from the county. LARRY E. O'BRIAN PRESIDENT May 24, 1979 Helen Bond 5777 South Rapp Street Littleton, Colorado 80120 Dear Helen: 9989 West 60th Avenue Arvada, Colorado 80004 PHONE 303-423-7297 The application for the Colorado Mined Land Reclamation permit will include: 1. Baseline statements or studies where necessary on a. soils b. vegetation c. water d. wildlife e. climate 2. Mining Plans and Mining Timetable narrative plus: ' a. Map showing legal description boundaries and including touching surface owners of record, name and location of creeks, roads, buildings, oil and gas wells and leases, power lines, phone lines, topography, area of affected land and setbacks. b. Map showing location of current soils, water resources, principle vegetation. c. Map showing stages of mining, post mining contours, stockpiles for soils, overburden and specification aggregate. 3. Reclamation Plan and Reclamation Timetable narratives including, where applicable, revegetation, water impoundment, water use, wildlife habitat, residential plans, regrading and topsoiling, a map showing details of Reclamation Plan. 4. Reclamation cost on a phase basis. 5. Land uses surrounding affected lands. 6. Traffic routes and trips to be made. 7. County -State -Federal -compliance with regulations regarding water, air and noise pollution. After reviewing the requirements of Garfield County, it appears to me that the requirements of the State of Colorado will most likely meet all County requirements, Helen Bond May 24, 1979 2 except perhaps the traffic question. We have included traffic in the application so that hopefully one complete set of data will do for both entities. If we can be of further help in this regard, please advise. Sincerely, ENVIRONMENT, INC. LEO:cm LArry O'Brian SIEVERS RANCH & DEVELOPMENT COMPANY 5777 South Rapp St. 3794 County Road 109 Littleton, Colorado 80120 Carbondale, Colorado 81623 Phone (303) 794-0394 Phone (303) 963-2335 May 29, 1979 Mr. John L. Kemp 611 Colorado Avenue P.O. Box 698 Glenwood Springs, Colo. 81601 Dear John, Enclosed is a copy of a letter from Larry O'Brian in which he lists the data he is compiling for the state app- lication. The county and state requirements seem„to parallel. When you find out what the County application requirements are in detail and what the Planners requests. or suggestions are please let us know. We can then establish a time table for accommodating the applications. Enclosure HHB/hhb Very Truly Yours, Helen Bond, Sec./Treas. S17lcC(A—C SIEVERS RANCH & DEVELOPMENT COMPANY !~777 South Rapp St. 3794 County Road 109 Littleton, Colorado 80120 Carbondale, Colorado 81623 Phone (303) 794-0394 Phone (303) 963-2335 June 6, 1981 Mr. Howard Vagneur RAM CONSTRUCTION & EXCAVATING, INC. Box 646 Woody Creek, Colorado 81656 Dear Howard: Sievers Ranch & Development Co, has been notified by Garfield County authorities that delivery trucks from Sievers Pit have been using the Hardwick Bridge on County Road 109., The use of this bridge by delivery trucks, either loaded or empty, and heavy equipment, which are under control of or associated with Sievers Lessee, Ram Construction & Exca- vating, Inc. or' Sub -Lessees Fox Aggregates, Inc., and Fox Concrete, Inc., is in violation of Special. Use Permits granted to Sievers Ranch & Develop- ment Co. for the operations at Sievers Pit. The use of the Hardida Bridge has occurred without the knowledge of Sievers and will cease immediately. As stated in LEASE & AGREEMENT FOR THE SALE AND PURCHASE OF GRAVEL dated May 2, 1980 as amen a aragra h 5'B, page-3i— "All aged"All provisions and revisions, amendments, expansions, or modi- fications to Lessor's permits from Colorado Mined Land Reclama- tion Board, or Le:mores Special Use Permit in the County of Garfield, State of Colorado, are incorporated into and become an integral part of this Agreement. Lessee shall comply with all applicable Federal„ state and local laws, rules and governmental agency regulations." "Any such violations will be promptly corrected by Lessee within a reasonable amount of time. Failure by Lessee to correct a violation will constitute a default by Lessee, and, at the option of Lessor, will terminate this Lease." We require your immediate attention on this matter. Sincerely, 4614, Helen H. Bond Secretary Treasurer cc: Fox Aggregates, Inc./Fox Concrete, Inc. A. Ab.analp, Garfield County Attorney DEPARTMENT OF THE ARMY SACRAMENTO DISTRICT. CORPS OF ENGINEERS 650 CAPITOL MALL SACRAMENTO, CALIFORNIA 95814 REPLY TO ATTENTION OF SPKCO-0 Mrs. Helen Bond Sievers Ranch and Development 5777 South Rapp Littleton, Colorado 80120 4 September 1979 This is in reference to your inquiry as to the need of a Department of the Army Permit, in conjunction with a gravel removal operatiOhy ]Ideated on your property in Section 13, Township 7 South, Range 89 West, and Section 18, Township 7 South, Range 88 West, nearCarbondale, Garfield County, Colorado. As a result of a site inspection on 5 July 1979, by Corps of Engineers personnel from our Grand Junction Office, it has been determined that a Department of the Army Permit will not be required, for the work as described at the above mentioned location. Since your proposed gravel removal will occur above an existing irrigation ditch which follows an elevation contour at 6000 + feet, there will be no waterway or wetland affected. As was pointed out to you on site, any placement of dredged or fill material into a "waters of the United States" or "adjacent wetland" would require a Section 404 permit prior to the work. On the upstream end of the property above the ditch headgate your contractor should be cautioned during this extraction process not to push any material over the river bank. Should you have further questions, you may contact our Grand Junction Regulatory Office, telephone (303) 243-1199. Copy furnished: Ms. Stephany Andreasen Garfield County Planning Office 2014 Blake Avenue Glenwood Springs, CO 81601 Sincerely, r \;C L. t G. W. PROBASCO Chief, Construction—Operations Division