HomeMy WebLinkAbout2.0 CorrespondenceBIDßOCK RESOURCãS, LLC
P0 BOX 1 167
sILT, co Stosz
October 12,2020
VIA CERTIX'IED MAIL RETURN RECEIPT REOUESTED: 7016 2140 0001 0427 3691
Mr. Ken Sack
P.O. Box 351
Rifle, Colorado 81650
RE: Bedrock Resources, LLC,560 County Road 315, Silt, Colorado
Notice of Trespass
Mr. Sack
Bedrock Resources, LLC ("Bedrock") is the record title owner of the property located at 560
County Road 315, Silt, Colorado (the "Properly"). As you know, Garfield County issued a Notice of
Violation ('Notice") to Bedrock earlier this year as a result of complaints fïled by you regarding the
current use ofthe Property. Bedrock appealed the Notice to the Garfield County Board of Adjustment,
and a hearing was held regarding the same on August 24,2020.
You submitted several videos to the County prior to the hearing. Those videos depict a resident
of an adjacent property-yours-walking between and climbing on the empty water storage tanks
located on the Property. Bedrock never gave that individual permission to enter upon its Property,
meaning he committed trespass in order to take the videos. We believe that the trespasser was acting
on your behalf. Such conduct is unlawful and unneighborly and will not be tolerated.
Be advised that you, your employees, and anyone residing on your parcels adjacent to the
Property are expressly prohibited from entering upon or crossing the Property for any reason. If
Bedrock discovers that, after the date hereo{ you or anyone acting on your behalfhave stepped foot
on the Property, Bedrock will report such conduct and the prior trespass incident to the Garfield
County Sheriffand may seek civil remedies for the trespass including, but not limited to, injunctive
relief and damages.
Manager
CC: kcave(Ì!ìgarfield-county.com
sbowe rl. g) g arf i e I d - qo u nty . com
ghartmannldgarfi 9ld-county.com
dmcconauqhy fdgarfi eldheçht. com
Bedrock Resources, LLC
October 23,2019
Mr. Glenn Hartmann
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
RË: Mamm Creek Property, 560 County Road 315
Dear Glenn,
We all are aware that Ken Sack wants us to screen our property so he does not have to look at
whatever is parked there. When we received approval from Garfield County for the land use
change, we had met all requirements that were imposed. The berm that was constructed along
our Eastern property line was to screen our use from Eagle Springs. There was never a concern
regarding the property to the North as Ken did not own it at that time and because of the deep
ravine on the North side of our property, it is not practical.
The pad that we built was for a mechanic/maintenance shop building and a three walled
storage building. Neither of which was intended to screen our eguipment or trucks from the
neighboring property. The three sided storage building was going to be oriented to have the
open side facing north. Thís building was intended for equipment that did not have cabs to
protect the seats and instruments from the elements, and storage of other items such as tires,
construction fabrics, pipe, traffic control devices, batteries, etc.
The road that we built to access our property was designed by SGM of Glenwood Springs. This
road was designed and built to accommodate heavy truck and equipment usage.
Going forward, we intend to crush asphalt and concrete debris and other materials as
approved. We want to make sure that all of our equipment and others that may use that
property are allowed. Our equipment will consist of small to large earthmoving equipment such
as skid steer loaders to large articulated rubber tire loaders, mini excavators to large track
mounted hydraulic excavators, dozers, scrapers, motor graders, sheepsfoot rollers, asphalt
pavers, asphalt windrow machines, rotomills, highway brooms, asphalt rollers, water trucks and
trailers, vacuum trucks and trailers, frac tanks, dump trucks, truck tractors, belly dump trailers,
side and end dump trailers, oil tank trailers, cranes, crushing and screening equipment, skid
steer and loader attachments, enclosed trailers, camp trailers along with pickups and crew
trucks. We would also have storage for diesel, gasoline and lubricants.
I understand that we may need to amend our land use change permit to allow a wider range of
use and more specific types of eguipment allowed for a contractor's yard.
please let me know if you need further information to proceed with this matter.
Sincerely,
a/P*-
Charles Ellsworth
P.O. Box 1167
Silt, Colorado 81652
Office #970-625-2224
Cell# 970.989-5394
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Glenn Hartmann
From:
Sent:
To:
Cc:
Subject:
Attachments:
Kenneth Sack <kensack@me.com>
Tuesday, November 5,2019 1 1:18 AM
Glenn Hadmann
Sheryl Bower
[External] FW: Bedrock Resources
bedrock Section 3 screening.pdf
Dear Mr. Hartmann,
Thank you for speaking with my wife, Sheri Sack on Friday. This email will memorialize what I understand you told her
Back in the summer, Bedrock Resources began placing storage containers on its property adjacent to Eagle Springs
Organic Farm. The number of containers continued to grow and continues to growturrently. Bedrock Resources has not
attempted to enclose, conceal, or screen thís storage use in violation of paragraph A3 of its Land Use Change Permit.
I understand that the County is reviewíng this situation and that you hope to have a resolution shortly. I also understand
that Bedrock Resources may attempt to amend their land use change permit. Please be advised that I strongly object to
any modification of that Permit and want to be publicly heard on this matter should it be submítted.
Thank youio-Þrt for your assistance.
Ken Sack
Kensack@me.com
954-249-5674
1
LAND USE CHANGE PERMIT
For
A35.72Acro Property Cunently 0,¡med by Bedrock Resources LLC and Located in
Section 18, Township 6 South, Range 92 West of the 6* P.M., , and more fltlly
desffibed in a lVarranty Deed found at Recepion ntimber 802564 in the Records of the
Garfield County Clerk and Recorder and also known by
Assessor's Parcel No. 21 79-1 I 4-00-720.
In accordancæ with and pursuant to the Garfield County Unified Iand Use Resolution of 2008, as
a:nended, and Resolution No. 2012-85 of the Board of County Commíssíoners of Garfield
County, State of Colorado, the following activity is hereby authorized by Land Use Change
Permit:
Møjor Impact Revíew þr a Contractor's Yard andAccessory [Ises Includíng General
Service Esnblislunew, Processíng, Professional ffiæþr the Covtduct of a Business,
Recycling Processing Faci\îty, Storage of Machínery, Equìpment, ar Products
(MIPA-72s0)
This Land Use Change Permit - Ivlajor knpact Review is issued subject to the conditions
co¡tained in Resolution No. 2012-85 and set forth in Exhibit 'Ao' and Site Plan shovm in Exhibit
'ts" (attached hereto) and shall be valid only during compliance with such conditions and other
applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended,
Building Code, and other regulations of the Board of County Commissioners of Garfield County,
Colorado.
GARFIELD COTJNTY BOARD OF
COIINTY COMMISSIONERS,
GARFIELD COI.INTY, COLORADO
Chairman Date
ATTEST:
Clerft ofthe Board
I
2.
3
4.
Exhibit A
That all representations made by the Applicant in the application, and at the public
heming before the Board of County Commissioners shall be conditions of approval,
unless specifically altered bythe Board of Cor:nty Commissioners;
The operation of this facility and any firture amendments shall be done in accordance
$¡ith all applicabte Federal, State and Loeal regulations governing tlie operation of
this type of facility including but not timited to the FAA and Rvigation Easement
approvals and notifications.
The Applicant shall maintain cornpliance with the provisions of the TTnifierl T.and IIse
Resolution of 2008 including but not limiterl to ?-8lfl, Stnndar-rls for Inrh¡strisl lTses
including the prcvision of additional screening of outdoor stnrage nr rlemonstrntinn of
effective screeniqg through toFngraFhy ffid he,rms
The Applicant shall maintain existing security for revegetation until released by the
County Vegetation Manager upon acceptance of successful completion of the
revegetation requirement, Revegektion shall be completed during the next growing
season after completion of constuction. The Applicant shall supplement the
revegetation and landscaping plans with dctails on irrigation and protection of tees
and shnús ùom wildlife darnage.
The Applicant shall implement the proposed weed management plan dealing with
Tamaxisk and Russian Knapweed. Any noxious weeds on the berms that exist on the
boundary of the propertlr adjacent to the organic farm sh¿ll be teated or removed in a
man¡rer that has no negative effect on the organic farm.
The relocated ¿ccess to thç sitc shatl be consürrcted in accordance with the
Applicantos submitted plans and rrccess permit from the county Road and Bridge
Department
Prior to operation of the facility the Applicant shall provide documentation of
issuance by the CDPITE of all required permitting including but not limited to air
quålity - Ak Pollutant Emission Notice (APEN) permits and spill prevention
permits/plans. Said permits shall include the proposed stockpiling aud crushing
activitíes.
The Individual Sewage Ðisposal Systems shall be required to meet Garfietd Corurty
Pennitting and design requirernents and eugineered systems may be requirod based
on additional site specific soils evaluations. The Applicant shall properþ abandon
the existing septic system location cn the site per Garlield County Regulations.
The Applica¡rt shåll implement all súorm water management improvernents as
represonted in the Applicatiou, obtain State Storm Water Managomont Permits, and
5.
6.
7
8.
I
t4,
consfuct u/etland mitigatíon if required by the Army Corp of Engineers. An updated
Nationwide Permit evaluation by the Army Corp of Engineers shall be provided. The
Applicant shall provide ongoing maintenance of detention ponds and wetlands areas.
10.Prior to construction of buildings on the siæ the Applicant shall file a water supply
construction permit with the Rifle Fìre Protection Dishict.
11.Engineered foundations, on-site observation of excavations, and compliance wíth the
recommendations of the H.P. Creotech Preliminary Geotechnical Engineering Study
and supplemental opinion letter dated l/26!12, shall be required for all new
construction and grading activity onthe site,
t2.hior to the issuance of the Land Use Change Permit, the ,A,pplicant shall provide
utihty easements for Holy Cross Enerry's existing elecfrical service and any
relocation, The Applicant shall also document Holy Cross Energy's ability to sewe
theproposed use.
13.Prior to issuance of the Land Use Change Permit the Applicant shall provide written
confirmation of an updated approval of the FAA Determination of No Hazard to Air
Navigation".
The Applicant shall comply with standards contained in the ULUR for uses in the
vicinity of Airports contained in Section 3-4û5 and Section 7-704 including but not
limited to lighting, use of reflective materials, industrial emissions, electrical
interference, wetlands, utilities, sfucture height, and avigation easements. In
addition, lightÍng for the site should be the minimum amount necessâry and should be
directed downward and inward toward the interior of tlre site
15. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. to facilitate compliance
with the State limits on noise. The Applicant shall provide a complete update of the
noise analysis fot the new proposed use which analysis shall demonstrate compliance
with ths State noise limits. Said analysis shall include the closest adjacent residential
property north of the site and the proposed susher activity. The Applicant may
extend the hows of operation from 5:00 a.m. to 7:00 pm. upon demorufration of
operating under the 50 db (A) noise level.
Asphålt recycling shall be limited to stocþiling asphalt and crushing for fiitme use ås
road base type materials. No heating, refining or similar processing of the material
shall be permitted. The Applica¡rt shall provide additional documerrtation indicating
that the stocþiled mate.rials will not produce hârrnful vapors, ground water impacts
or similar environmental concems and will be in compliance with all CDPHE
standards and requirements. Supplemental dust mitigation for the stocþiled
materials and crushing shall be included in the dust mitigation plans. Crushing
activities shall be limited to colder temperatures outside the traditìonal outside
growing season (based on technical recommendations) and limited to not more than 4
weeks total per year. The maximum quantrty of stock piled material shall be 12,000
oubic yards. Materials.qre to be uushed by a maximum of one crushcr operating at
time. The stosk piles shall be no higher than 20 ft. The Applicant shall provide
q¿ritten notification to the adjacent organic farrn no later than seven days in advance
of comnrencing any crustring activities.
t6
l?.The Applicant shall comply wth the Colorndo Parks md Wildlife and the Applicanfs
Environmental Consultant ERO Resources Corporation recommendations foi witdlife
mitigation'including avoiding consbuction activity dwing critical winter months.
The Applicant shall firther mitigate dust particulates by the applícation of
magnesftrm chloride to the drivable surfaces'that are unpaved at the ónclusion of
construction
18.
T9,The Applicant shall post ? 4' x B' sign with the Emergency Contact information,
çonsistent with past practice of the Board, excluding mining uses.
Noesphalt barch plant shall be allowed on the subject property owned by Bedrock
LLC.
20
Exhibit B
Sife Plan
5
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Glenn Hartmann
From:
Sent:
To:
Cc:
Subject:
Attachments:
Ken Sack <kensack@me.com >
Friday, January 10,202A 9:'17 PM
Glenn Hartmann; Tom Jankovsky
Sheryl Bower; John Martin; Mike Samson
[External] RE: Bedrock Resources
bedrock Section 3 screening.pdf
Dear Commissioners,
Since last summer we have tried to work with staff and code enforcement to request that they require compliance with
both the land use code and the Land use change permit requirements for Bedrock Resources adjacent to both my farm
property and residentíal property.
The landowner has allowed close to 50 storage trailers to be placed on the land without proper screening, or
demonstration of effective screening through topography and berms.
3. The Applícant shall maintain compliance with the provisions of the Unified Land Use Resolution of 2008
including but not limited to 7-8L0, Standards for lndustrial Uses including the provísion of additional screening of
outdoor storage or demonstration of effective screening through topography and berms.
Although we were assured that code enforcement was requiring the landowner to be in compliance, eight months later,
the problem continues and additional trailers are beíng added.
Please advise when the code will be enforced and províde documentation of steps taken in order to get the property in
compliance.
I look forward to hearing from you
Ken Sack
954-249-5674
5454 County Rd 346
s¡lt, co 8L652
482 County Rd 315
s¡lt, co 81_652
----Original Message-----
From : Kenneth Sack <kensack@me.com>
Sent: Tuesday, November 5, 20L9 11-:18 AM
To :'g ha rtm a n n @ ga rf ie I d-co u nty. com' <gha rtm a n n @ ga rf iel d -cou nty. com >
Cc:'sbower@ garf iel d-cou nty. com' <sbower@ garfield-cou nty.com>
Subject: FW: Bedrock Resources
Dear Mr. Hartmann,
Thank you for speaking with my wife, Sheri Sack on Friday. This emaíl wilí memorialize what I understand you told her.
1
Back in the summer, Bedrock Resources began placing storage containers on its property adjacent to Eagle Springs
Organic Farm. The number of containers continued to grow and continues to grow currently. Bedrock Resources has not
attempted to enclose, conceal, or screen thís storage use in violation of paragraph A3 of its Land Use Change Permit.
I understand that the County is reviewing thís sítuation and that you hope to have a resolution shortly. I also understand
that Bedrock Resources may attempt to amend their land use change permit. Please be advised that I strongly object to
any modífication of that Permit and want to be publicly heard on this matter should it be submitted.
Thank you for your assistance.
Ken Sack
Kensack@me.com
954-249-5674
2
LATI{D USE CHANGE PERMIT
For
A 35.72 Acre Property Cunently Owned by Bedrock Resources LLC and Located in
Section 18, Township 6 South Range 92 West of the 6tr P.M., , andmore ñrlly
descdbed in a Warranty Deedforurd at Reception nr.rmbe¡ 802564 in the Records of the
Garfield County Clerk and Recorder and also known by
.Assessor's Parcel No. 21 79;1 84-00-72A.
In accordance with and pursuant to the Garfield County Unifiêd Land Use Resolution ôf 2008, as
amended, and Resolution No. 2012-85 of the Board of County Commissioners of Garfield
County, State of Colorado, the following activity is hereby authorized by Land Use Change
Penrrit:
Major Impact Revìew Íor a Contraetor's Yard attdAccessory Uses lwluding General
Service Esnhlishmen$ Proces¡ing, Profexiorul Officeþr the Covtduct of a Business,
Recyclíng Processing Facilíty, Storage of Machinery, Equípment, or Products
(MIPÁ-7250)
This Land Use Change Pemrit - Major Ínpact Review is issued subject úo the conditions
contained in Resoftfion No" 2012-85 and set forth in Exhibit "A' and Site Plan shovm in Exhibit
'ts" (attached hereto) and shall be valid only during compliance with such conditions and other
applicabte provisions of the Garfield County Unified tand Use Resolution of 2008, as amended,
Building Code, and other rcgulations of the Board of Cormty Commissioners of Garfield County,
Colorado.
GAITFIELD COTJNTY BOARD OF
COUNTY COMMISSIONERS,
GARFIELD COT.INTY, COLORADO
Chairman Date
ATTEST:
Cler{< ofthe Board
)
J
4.
5.
6.
7
I
I
Exhibit A
That all representations made by the Applicant in the application, and at the public
hearing befort the Board of County Commissioners shall be conditions of approval,
nnless specifically altered by the Board of County Coinmissioners;
The operation of this facility and any futrue amendrnents shall be done in accordance
with all applicable Federal, State and Loeal regulations governing tlie operalion of
this type of facility including but not timited to the FAA and Avigation Easemelü
approvals and notifications.
The Applicant shall maintain compliance with the Arovi si ons of the I lni fierl I .nnd T Ise
Resolution of 2008 includiqg but not limited to 7-81 0, Standstds for Inrr¡rsrr¡al Ilses
including the provísion of additional screening of outdoor dnrage nr rlemonsfrâti¡ìn of
gffective screeniqg throush tofogr¡Fhy and he.rms
Ïhe Applicant shall maintain existing security for revegetation untit released by the
County Vegetation Managet upon acceptance of successftrl completion of the
revegetafion requirement, Revegetation shall be completed during the next growing
season after completion of conshuction. The Applicant shall supplement the
revegetation and landscaping plans with details on irrigation and protection of tees
and shn¡bs fromwildlife dam¿ge.
The Applicant shall implement the proposed weed management plan dealing with
Tamarisk and Russian Knapweed- Any noxious weeds on the berms that exist on tbe
boundaty ofthe property adjacent to the organic farm shall be feated or renroved in a
m.anner that has no nogative effect on the organic furm-
The relocated ac,cess to the site shall be constnrcted in accordance with the
Applicant's submitted plans and access permit from the County Road and Bridge
Department
Prior to opetation of the facitity the Applicant shall provide docrmreutation of
issuance by the CDPIffi of all required permitting including but not limited to air
quåtity - Air Pollutant Emission Notice (APEN) permits and spill prevention
permits/plans. Said permits shall include the proposed stocþiling arrd crushing
actìvities.
The Individual Sewage Disposal Systems shall be required to meet Garfield Cor.rnty
Pcrmitting and desigu requirements and engineererl systems may he reqrired hesed
on additional site specific soils evaluatious.' The Applicant shall properþ abandon
the existing septic system location on the site per Garfield County Regulations.
The Applicant shall implement all storm water management improvemrents as
represented in the Application, obtain $tate Storm'lVater Management Permits, and
10.
11.
12.
t3
T4,
15.
construct wetland mitigation if rcquired by the Army Corp of Engineers. An updaúed
Nationwide Pemit evaluation by the Army Corp of Engineers shall be provided. The
Applicant shall provide ongoing maintenance of detention ponds and wetlands areas.
Prior to construction of buildings on the site the Applicant shall file a water supply
construction permit with the Rifle Fire Protection Dishict.
Engineered foundations, on-site observation of excavations, and compliance with the
recommendations of the H.P. Geotech Preliminary Geotechnical Engineering Study
and supplemental opinion letter dated I/26/12, shall be required for all new
constn¡ction and grading activity on the site.
hior to the issuance of the Land Use Change Permit, the Applicant shall provide
utility easements for Holy Cross Energy's existing electical service and any
relocation. The Applicant shall aJso document Holy Crass Energy's ability to serve
theproposed use.
Prior to issuance of thE Land Use Change Pennit the Applicant shall provide written
confimation of an updated approval of the FAA Detemrination of No Hazard ts Air
Navigation".
The Applicant shall comply with standards contained in the ULUR for uses iu the
vicinity of Airports contained in Section 3-405 and Section 7-704 including but not
limitd to lighting, use of reflestive materials, industrial emissions, electrical
inteferenceo wetlands, utilities, shucture heigbt, and avigatioñ ea$ements. kl
addition, lighting for the site should be the minimum a¡nount necessary and should be
directed dowm¡vard and inward toward the interior of the site
Hours of operation shall be limited to 7:00 a.m, to 7:00 p.m. to facilÍt¿te compliance
with the state lirnits on noise. The Applicant shall provide a complete update of the
noise analysís for the new proposed use which analysis shall derronstrate compliance
with the State noise limits. Said analysis shall include the closest adjacent residential
property north of the site and the proposed crusher activity. The Applicant may
extend thc hours of operation from 5:00 a.m. to 7:00 p.m. upon demonsfratíon of
operating under the 50 db (A) noise level.
16. Asphalt recycling shall be lirnited to stocþling asphalt and crushing for fliture use as
road base typo materials. No heating, refining or similar processing of the material
shatl be permitted. The Applicant shall provide additional documerrtation indicating
that the stocþiled materials will not produce harmful vapors, ground water impacts
or simila¡ environmental concems and will be in compliance with all CDPHE
standards and requirements, Supplemental dust mitigation for the stocþiled
materials and crushing shall be hcluded in the dust mitigation plans. Cnrshing
activities shall be limited to colder temperatures outside the traditional outside
growing seasion (based on technical recommendations) and limited to not more than 4
weeks total per year. The maximum quantity of stock piled material shall be 12,000
cubic yards. Materials are to be crushed by a rnaximum of one crusher operating at
time. The stock piles shall be no higher ttran 20 ft. The Applicant shall provide
writen notification to the adjacmt organic farm no later thqn seven days in advance
of commencing any crushing activities.
17. TheApplicant shall comply with the Colorado Parks and Wildlife and the Applicanfs
Environmental Consultant ERO Resources Corporation recommendations for wildlife
mitigation'including avoiding construction B"d;iry rfrrring critical winter months.
18. The Applicant shall further mitigafe dust particulates by the application of
magnesium ehloride to the drivable surfaces'that are unpaved, at the conclusion of
construction
19.The Ap'plicant shall post ? 4' x I' sign with the Emmgency Cont¿st information,
consistent with past practice of the Boa¡{ excluding mining uses.
20.No asphalt batdr plant shall be allowed on the subject property or¡med by Bedrock
LLC.
Exhibit B
Sde Plan
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