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HomeMy WebLinkAboutApplicationGARFIELD COMMUN RECËIVED Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (9701s45-8212 www.garfield-countv.com me Extension (also check type of ala ication Cotd unty IAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICAT¡ON ministrative Review tnDeveloment in 100-Year Development in 100-Year Floodplain VarianceLimited lmpact Review Code Text AmendmentN/laior lmpact Review Rezoning nzone District [nuo npuo Amendment endments to an A nvrn LUCP SUPLIR Administrative I nterpretationMinor Temporary Housing Facility Appeal of Administrative lnterpretationVacation of a County Road/Public ROW and Activities of State lnterestLocation and Extent Review Accommodation Pursuant to Fair Housing ActJ-lCom prehensive Plan Amendmen -t Variancelineent INVOTVED PARTIES Owner/Applicant Name:RMR Aggregates, lnc.; Rocky Mountain lndustrials, ln.. phon",720 614-5213 Mailing Address:4601 DTC Blvd. Ste 130 City:Denver state: CO Zip code:80237 rwag ne r@rockymou nta i n i nd ustria I s. com Representative (Authorization Required) Name . David H. McConaughy p1ron". 1970 )947-'1936 Mailing Add ,"rr. Garfield & Hecht, P.C., 901 Grand Ave. Suite 201 City:Glenwood Springs state: co Zip code:81 601 d mcconau g hy@g a rfield hecht. com PROJECT NAME AND LOCATION Project Name: Mid-Continent Limestone Quarry Assessolr'sParcelNumber: 2 1 1 I 3 5 2_ 0 0_9 5 7 Physical/Street Address:'1001 Transfer Trail, Glenwood Springs, CO 81601 Legal Description:Section: 35 Township: 5 Range: 89 SEC.27 LOTS 5&6 S2SE, SEC.34 NE4,E2NW,NESW,N2SE, SEC.35 LOTS 1-4 N2N2,N2S2, SEC.36 LOTS 1-4 N2N2, N2S2,SESW,S2SE Zone District:Property Size (acres) Prooosed Use f From Use Table 3-4031: For Appeal of Administrative lnterpretation please include: 1. The Decision you are appealing. 2. The date the Decision was sent as specified in the notice (date mailed). 3. The nature of the decision and the specified ground for appeal. Please cite specific code sections andlor relevant documentation to support your request. 4. The appropr¡ate appeal fee of 5250.00. 5. Please note a completed Appeal Application and fees must be received within 30 calendar days Description of Projcct:S€e attâched PROJECT DESCRIPTION Existing Use: Limestone quarry on BLM land REQUEST FOR WAIVERS Submission Requirements E the Applicant requesting a Waiver of Submission Requirements per Section 4-202. Lisf Section Section Section: Section: Section: Section: Waiver of Standards tr lhe Applicant is requesting a Waiver of Standards per Section 4-LL8. List Section Section the statements above and have provided the required attached information which is accurate to the best of my knowledge. I have read correct and -7A uJ^ *æ- Signature of Property Owner or nuù¡orized Represent ative, Title Date t 5-18-2020 OFFICIAL USE ONLY Fire Numbe* A A t A- Ô? þ+Fee Paid:1-æ,oO Glenwood Springs OÍfice 901 Grand Avenue, Suite 201 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (97 0) 9 47 - 1937 www.sarfieldhecht.com April9,2020 David H. McConaughy dm c conau shv lÐearfi e I dh ech t. co m Via Certified U.S. Mail. Return Receipt Requested Garfield County Board of Adjustment 108 8th Street, Suite 101 Glenwood Springs, CO 81601 Re: March 31,2020 Notice of Violation - Mid-Continent Limestone Quarry Dear Board of Adjustment Members: This office represents Rocky Mountain Industrials, Inc. and RMR Aggregates, Inc. (collectively ..RMR,'). Despite the fact that it was sent to the incorrect address, RMR is in receipt òf u Noti""of Violaiion dáted March 3I,2020 (the "NoV") issued by Garfield County. For all fi.lture communication please make sure to copy Garfield & Hecht, P.C. at 901 Grand Avenue, Suite 201, Glenwood Springs, CO 81601. This letter serves as notice of RMR's appeal of the NOV pursuant to the Garfield County Land Use and Development Code. The NOV alleges that RMR is operating its limestone quarry' known as the Mid-Continent quarry, in violation of Garfîeld County Resolution Nos- 82-222 and 2009-97. However, the NOV is flawed for a number of reasons. First, it was issued without the approval of the Garfield County Board of County Commissioners (the "BOCC"). In addition, the ÑOV is in direct conflict with the stipulation entered into between RMR and the BOCC and ordered by the United States District Court for the District of Colorado enjoining the County from taking "nior""n1"nt action against RMR until a scheduling order has been entered in that federal litigation. As such, the NOV should be overturned' Please contact me if you require additional information' Very truly yours, G P H. Enclosures GARFIELD &, FIECHT, P.C. ATTORNEYS AT LAW Since 1975 Glenwood Springs Office 901 Grand Avenue, Suite 201 Glenwood Springs, Colorado 81601 Telephone (970) 947 -1936 Facsimile (970) 947 -1937 www.garfieldhecht.com April10,2020 David H. McConaughy dmcconau ehy@ garfi eldhecht.com Ms. Amy Yeldell Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 amv.yeldell@state.co.us Re: Mid-Continent LST, Permit No. M-l982-121 Dear Ms. Yeldell: I wrote you on November 6,2019,to advise you that this firm represents RMR Industrials, Inc., which has recently changed its corporate name to Rocky Mountain Industrials, Inc. We also represent the affiliated Colorado entity RMR Aggregates, Inc. My client forwarded a copy of your letter to Greg Dangler dated April 6, 2020, asking for information concerning a letter from Garfield County dated March 31,2020. My client had not actually received Garfield County's letter before you forwarded it, most likely because it was addressed incorrectly. This letter will respond to your inquiries and update the information provided in my November 6, 2019, letter. As you know, my client is presently in litigation against Garfield County in both state and federal court to challenge the Notice of Violation dated May 8,2019 (the"2019 Notice"). The new Notice of Violation of March 3l , 2020 (the "2020 Notice") raises a single issue which is identical to issue #3 in the 2019 Notice. Both alleged violations reference a seasonal restriction imposed by County Resolution No. 2009-97.The seasonal restriction was included in Resolution No. 2009-97 to mirror a similar restriction imposed by the BLM. However, the BLM has routinely granted exemptions to that restriction, including during 2018-2019 and 2019-2020. Garfield County has advised me that it cannot honor that exemption and that it has no process to grant an exemption without formal amendment of the County permit. In the litigation, my client has challenged the County's authority to enforce this restriction when the BLM has specifically granted an exemption on preemption and other grounds. Notably, the BLM has determined that the reshiction would have no impact on wildlife migration this year or last year, which was the reason for the restriction in the first place. As such, there is no present environmental or scientific basis to impose the restriction. GARFIELD &, ITECHT, P.C. ATTORNEYS ATLAW Since 1975 Ms. Amy Yeldell Âpril 10,2020 Puge 2 of2 As I explained in my letter to you of November 6,2019, my client planned to apply to the County to amend the existing permit to resolve this conflict, and other conflicts, between the County permits and the BLM and DRMS permits. However, parts of my letter to you were quoted in various press reports shortly after I sent it, including our plans to apply for a permit amendment. In direct response to thosc media reports, on November 18, 2019, the County imposed a moratorium on all new mining applications by Resolution 2019-58. That Resolution was added to the Board of County Commissioners' agenda at the last minute and without any prior notice to me or my client. The County then advised us that it would refuse to process or consider any application to amend the permit. Meanwhile, as I informed you in November, my client and the County had frled a stipulation in federal court providing that the County would take no action to enforce the 2019 Notiue or Resolution Nos. 2009-97 or 82-222 until the tþderal court issued a "Scheduling Order" in the pending litigation, which has not occurred. Another copy of the stipulation and the order of the United States District Court for the District of Colorado approving it are enclosed with this letter. The County's issuance of the 2020 Notice threatening enforcement action of the same allegetl violal.ion untler Resolution No.2009-97 is in direct violation of that federal court order, which remains in effect. The state court litigation remains pending, and we are awaiting several rulings from the Garfield County District Court judge regarding certification of the record and other matters before merits briefing can proceed. My client remains committed to protecting its rights under the law and expects to obtain a ruling invalidating both the 2019 Notice and the 2020 Notice. It will likely be several more months before the matter is ripe for ruling by the state court. In summary, Garfield County had no legal justification to issue the2020 Notice and did so in direct violation of a federal court order. Regardless, because the seasonal restriction only applies until April 15, this issue will be moot in less than a week. Please contact me if you require additional information. Very truly yours, Enclosure Greg Dangler Case 1:19-cv-01-445-SKC Document 17 Filed 05/30/1-9 USDC Colorado Page 1- of 3 IN THE T]NITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. l9-cv-01445 RMR INDUSTRIALS, INC., Plaintifl v GARFIELD COUNTY, COLORADO; and THE GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, JOHN MARTIN, TOM JANKOVSKY, and MIKE SAMSON, in their official capacities. Defendants. STIPULATION PlaintiffRMR Industrials, Inc. ("RMR") and Defendants Garfield County, Colorado; The Garfield County Board of County Commissioners; John Martin; Tom Jankovksy; and Mike Samson (collectively, the "County Defendants"), by and through their respective counsel, hereby stipulate and agree as follows: 1. RMR initiated this action by filing its Complaint on May 21,20L9. On behalf of the County Defendants, the County Attorney executed waivers of service sent pursuant to Fed. R. Civ. P. 4(d) on May 22, 2019. Pursuant to Fed. R. Civ. P. l2(a)(l)(Axii), responsive pleadings from the County Defendants are due within 60 days, or by Monda¡ July 21,2A19. 2. The County issued a Notice of Violation dated May 8, 2019 (the'Î.{OV"), which alleged violations of the County's Land Use and Development Code ("LUDC") and Resolution Nos. 82-222 and 2A09-97 (the "Resolutions') and demanded compliance by June 1 , 2019. I Case 1-:1-9-cv-0L445-SKC Document L7 Filed 05/30/L9 USDC Colorado Page 2 of 3 3. RMR brought this civil action challenging the authority of the County Defendants to issue and enforce the NOV. 4. RMR has a right to seok injunctive rclicf prccluding cnforccment of the NOV in the form of a temporary reshaining order and/or a preliminary injunction pursuant to Fed. R. Civ. P.6s. 5. The Court has set a Scheduling Conference for Septemb er 3,2019,at l:30 p.m. 6. The County Defendants arc cvaluating the claims asserted and their potential dcfcnscs. In thc mcantime, the parties wish to explore the possibility of settlement mther than devoting time and resourccs to litigating a motion for tcmporary restraining order or a motion for preliminary injunction before the County Defendants file responsive pleadings. 7. ln consideration of RMR's agreement to forgo the immediate filing of a motion pursuant to Fed. R. Civ. P. 65, the County Defendants agree that they shall take no action to cnforce the NOV or the Resolutions at least until 14 days after the Court enters the Scheduling Order in this case, and the County Defendants agree to extend the deadline for compliance as set forth in the NOV accordingly. 8. Neither party waives any claim or defense by entering into this Stipulation. If a settlement agrccment or other disposition resolving all claims is not reached before the deadline set forth in the preceding paragraph, RMR reserves the right to file for any relief available pursuant to Fed. R. Civ. P. 65 or any other federal authority at any time after the Scheduling Conference, and the County Defendants reserve the right to seek enforcement of the NOV or the Resolutions l4 days thereafter. 2 Case L:L9-cv-01-445-SKC Document L7 Filed 05/30/1-9 USDC Colorado Page 3 of 3 g. The parties jointly request that the Court approve this Stipulation as an order of the Court. SO AGREED this g o day of May, 2019 901 Grand Avenue,1 Glenwood Springs, CO 601 (970\ 947-t936 dmcconau eúr)¡@ g4rfi eldecht. com Attorneyþr RMR APPROVED: By the Court: Judge Tari rü/illiams Garfield CountyAttomey 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 (970) 94s-e1s0 twilliams@ sarfi eld-county. com Attorney þr County Defendanß 3 From: to: Subjectr Date: COD ENotlce(ocad,U.9c0Un9,S0! COD ENotice(òcod.uscourts.oov Activity in Casc 1:19-cv-01445-RBJ RMR Industrials, Inc. v. Garfield County, Colorado et al Order on Motlon for Order Friday, May 31, 2019 1:32:12 PM This is an automatic e-mail message generated by the CM/ECF system. Please D(J NO'l' RESPOND to this e-mail because the mail box is unattended. *?I*NOTE TO PUBLIC ACCESS USERS**¡I Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents fîled electronicallyo if receipt is required by law or directed by the fiter. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this fîrst viewing. However, if the referenced document is a transcripto the free copy and 30 page limit do not apply. LI.S. District Court - District of Colorarlo District of Colorado Notice of Electronic Filing The following transaction was entered on 5l3ll20l9 at l:32 PM MDT and filed on 5l3ll20l9 Case Name: RMR Industrials, Inc. v. Garficld County, Colorado et al Case Number: 1:19-cv-01445-RBJ Filer: Document Number: 20(No document attached) Docket Text: ORDER grant¡ng [17t Joint MOTION for Order to Approve Stipulation. By Judge R. Brooke Jackson on 5/31/19. Text Only Entry(rbjsec. ) 1:19-cv-01445-RBJ Notice has been electronically mailed to: David H. McConaughy dmcconaughy@garfieldhecht.com, kthissen@garfieldhecht.com, rortell@garfi eldhecht.com Christophcr David Bryan cbryan@garfieldhecht.com, kthissen@garfieldhecht.com, rgoldberg@garfieldhecht.com Bailey A. Calhoun bcalhoun@garfieldhecht.com, baileyfigler@grnail.com 1:19-cv-01445-R3.I Notice has been mailed bv the filer to: