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Home My WebLink About20071117.tiff ROCKY MOUNTAIN VISTA MOBILE HOME PARK 12623 Weld Country Rd #6, Brighton, CO 80603 September 13, 2005 TO: Weld County Commissioners Mr. Eric Reckintine 915 Tenth Street LA Farge West Inc. Greeley, CO 80632 1800 N. Taft Hill Ft. Collins, CO 80521 FROM: Rocky Mountain Vista, LP do Douglas Danny& Larry Adams RE: Specific Development Plan and Special Review Permit Riverbend AMUSR-1259 LA Farge West Inc. Dear Sirs, We are in receipt of the Weld County Special Review Permit narrative and are compelled to share our concerns about the impact of this proposal on our manufactured home community, Rocky Mountain Vista Mobile Home Park (formerly Sierra Vista Mobile Home Park), which abuts this site at WCR6 and Hwy 85. Please note that we have 63 families living in the community with an average of 2 children per home site. We estimate our total population at 253 residents. This project concerns us on two levels; our residents' health, safety, quiet enjoyment, home values and the effect of this proposed operation on the economic dynamics of our investment. The welfare of the 253 residents is an issue shared by all of us involved in this process. We have another property in San Diego County, California embroiled in the same process. Although the mining operation does not adjoin this community, the noise, dust, traffic, water& visual impact are equally ominous. We oppose the San Diego project and will oppose the Riverbend proposal for similar reasons. Noise pollution affects the everyday lives of our residents and cannot be mitigated by sound walls or landscape. Truck traffic, machinery and congestion can have a negative impact on the quiet enjoyment, access and desirability of the community. The physical, emotional and financial health of the home owners will be affected by this byproduct. The resale value of our residents' homes may be depressed if demand is curtailed by the lack of perceived desirability. Fugitive airborne dust has both a health risk and maintenance challenge. The inhalation of dust can have serious health consequences in both children and adults. The potential damage to eyes, lungs and skin is real. Allergies and other respiratory reactions are cause for concern. Dust abatement, routine cleanup and mechanical failure created by dust have the same disastrous effects on the residents' entitlements. EXHIBIT 2007-1117 1 Visibility and traffic is a great concern. Increased traffic compounds the previous mentioned issues of noise and dust. WCR 6 is the east/west access to the residential property and is the sole access to the mining operation. Trucks, autos, and equipment will be passing the entry to the park 24 hours a day and will create noise, dust, congestion and added safety risk for the residents. The applicant is proposing 350 trucks per hour between 6am & 8am seven days a week. Three hundred fifty trucks per hour will create gridlock and will potentially impede the normal ingress and egress of our tenants and create a dangerous situation for our children being bussed to school. Congestion, decreased access and visibility combined with child safety have similar chilling effects on the residents' well being and home equity. Water quality and quantity affect the residents but is the responsibility of the water provider, the park owner. Potable water is one of the two basic services affected by the mining operation. The community is on a septic system with a leach field. The mining operation will draw down the water table, reduce the effectiveness of our well and have a serious impact on the operation of our leach system. The park owner is responsible for portable water and sewer service. Our concerns about ground water impact are legitimate and prudent. The visual impact of the proposed mining operation has a direct affect on the appeal of the community to new residents. If the park cannot attract new home owners, the value of the existing resale homes will decrease the residents equity(in some cases their only net worth!) is the issue in this scenario. To this end, we are recommending that a sound wall be placed on the western border and North Western corner of Rocky Mountain Vista to reduce the visual and sound pollution and any accidental truck instruction into the park. We feel this improvement; along with the other improvements in process as a result of our supportive settlement with SWTKO Joint Venture LLC, will protect the health and welfare of our residents and the continued economic viability of the Park. The safe, sound and sanitary operation of the Park is our primary responsibility in the ownership of the asset. All of the issues that face the residents effect the management and ownership. Decreased demand, vacancy, increased operating loss and perceived health risk are serious consequences. Our concern as owners is merged with the residents. How will this project affect our residents and our equity? Please note that the 27th St. Permit Proposal situated next to ensure the Adams property was denied due to traffic concerns! Please consider all of these points from the perspective of 63 home owners, 253 residents and 2 property owners. Sincerely, .742 Douglas Danny Larry Adams ROCKY MOUNTAIN VISTA MOBILE HOME PARK 12623 Weld Country Rd #6, Brighton, CO 80603 Wall at Corner of Highway 85 and County Road# 6 56' in Length 1. 3 Sections of Block Wall a. 12' x 6' x 8"block b. Block Wall— $2,592 c. Footing— $5,400 2. (2) Rod Iron Sections a. 10' x 6' - $175 each b. Materials—$350 c. Labor- $150 Total - $8,492.00 Wall along Highway 85 497' in Length 1. 38 Sections a. 8"Block x 6' high x 3' wide b. Block Wall - $8,208 c. Footing - $17,100 2. 38 Sections—Rod Iron a. 10' x 6' @ $175 each b. Materials - $6,650 c. Labor- $950 Total- $32,908.00 Weld County Planning Department GREELEY OFFICE Aug 20,2004 AUG 2 9 2005 Donald and Vicki schniepp RECEIVED 11371 Highway 52 Fort Lupton, Co 80621 weld County Dept of Planning 918 10th st Greeley, Co 80631 weld County Dept of Planning Services: This is in regards to the request of Riverbend c/o Eric Reckentine with Lafarge west Inc. our home is located within 500 feet of the property to be used as a Mineral Resource Development facility. we object very strongly to this property being developed for the listed purposes. It is our opinion that having such a facility this close to our home would make it almost totally untenable. The noise, dirt and pollution associated with such operations would not only be incredibly unpleasant, but also unhealthy. One member of our family has emphysema and bronchiectasis and would virtually be housebound under these circumstances. we also have Grandchildren that would not be able to play outdoors under these conditions. In addition, waterfowl such as ducks, herons and pelicans visit the pond on this property regularly to rest and feed. we have seen as many as three herons wading in the pond at one time along with three or four pairs of ducks. we have sighted a bald eagle in one of the old cottonwoods on the property as well . Also, the additional truck traffic would congest an already very heavily travelled area and be potentially hazardous. Located at the bottom of a hill in a high speed limit area where there is already a high incidence of traffic accidents, one can understand the neighborhoods reluctance to see anything increase that. we respectfully ask that you take these points into consideration. we also feel that an operation like this would cause our property to depreciate in value which would make it hard for us and our neighbors to relocate. So, through no fault of our own, we would all be placed between the proverbial rock and a hard place. Please consider those of us whose quality of life will be directly affected if this company is allowed to move forward with their plans, both human and wild life. Sincerely, AvhAtd to EXHIBIT � , MAY 13 2006 19 : 33 FR SAFEWAY 1045 3038576377 TO 17206524211 P . 02/02 U L ° a— Margaret&Paul Craven 11466 WCR#8 ss P.O.Box 856 Ft.Lupton, Co. 80621 (303)659-8131 re:LaParge-Riverbend Project • Dear Ms. Hatch, My name is Margaret Craven, and my husband's name is Paul. We are property- owners on the west side of the former Norden property which is now owned by LaFarge, and scheduled to be gravel-mined in the next flew years We were horrified at first, and pictured our quiet, peaceful world filled with the Noise and dust of machinery,and the very real fear that our prnpetty-value would Plummet. .We attended a meeting regarding the proposed project in Ft.Lupton a few months ago. It was there that we met Jennifer Vecohi of Vocchi Associates. They have boon delegated by La Fargo to design the landscape plan for reclamation after the projects arc finished. They, (Jennifer and her partner Barb),have met with us several times in our home where they worked with us in any possible way to put our fears to rest. We were astounded to learn that reclamation starts immediately,even before any work will begin. Jennifer and Barb designed a landscape plan involving plantings of native species of shrub and mostly fruit-bearing species that are attractive and bird-friendly. The plan also involves berms on the La Farge side to deflect noise dust,and the view of machinery. This planting will take place next spring,even though the project in this immediate area is years away. This allows the plants to grow and mature by the time there need is critical. We feel very taken care of by Vecchi Associates,and the reclamation plan for the actual mining site after the fact is so beautiful, that we feel that our view will be enhanced, and our property-value will actually increased The wildlife will also have a beautiful riparian habitat. We now see the project as a Win-Wind Call me if you have any questions. Best Regards, Margaret ** TOTAL PAGE . 02 ** EXHIBIT LAW OFFICES OF FOWLER, SCHIMBERG & FLANAGAN DANIEL M.FOWLER' PROFESSIONAL CORPORATION KATHERINE TAYLOR EUBANK TIMOTHY P.SCHIMBERG 1640 GRANT STREET SPECIAL COUNSEL TIMOTHY J.FLANAGANt JEFFERY B.STALDER DENVER,COLORADO 80203 CATHERINE A.TALLERICO TELEPHONE(303)2998 8603 OF COUNSEL AARON C.FOY TELEFAX:(303)298-8748 ADAM B.LINTON ANDREW R.MCLETCHIE INTERNET:Iawfism@fsilaw.com AFFILIATED OFFICE: PAUL J.TADDUNE,P.C. 323 WEST MAIN,SUITE 301 'ALSO ADIAllTED IN WYOMING tALSO ADMITTED WYOMING AND MONTANA ASPEN,COLORADO 8161 1 m w TELEPHONE:(970)925-9190 TELEFAX:(970)9259199 Weld County Planning Department October 6, 2005 S0UTHWES7 BUILDING South Weld County OCT 0 7 2005 Department of Planning Services 4209 Weld County Road 24 '/2 RECEIVED Longmont, CO 80504 Re: Public Hearing November 15, 2005 Regarding Application no AmUSR-1259 To Whom It May Concern: This is to confirm the fact that this office and my clients want to be put on the notice or distribution list for this application for LaFarge's Riverbend Project. I represent D&S Mining, which is composed of Freda Dreiling and Myrna Myrna j1 Slabaszewski. Their contact information is as follows: Freda Dreiling Myrna Slabaszewski 4025 Weld County Road 23 372 Las Lomas Street Ft. Lupton, CO 80621 Brighton, CO 80601 Phone: 303/857-2584 Phone: 303/659-8917 Slabaszewski@aol.com I would also like to be put on that notification list, and my contact information is as follows: Timothy J. Flanagan Fowler, Schimberg & Flanagan, P.C. 1640 Grant St. Denver, CO 80203 Phone: 303/298-8603 T Flanagan@fsf-1aw.com 200 of the mining acres are currently under lease between D&S Mining and LaFarge or its subsidiaries. In addition, my clients own property adjacent to the project and are vitally interested. EXHIBIT October 6, 2005 Page 2 We understand that the hearing that had been set for September 27, 2005 has been continued over to November 15, 2005 at 1:30p.m.. Thank you in advance for your cooperation. Very truly yours For Timothy J. Flanagan T Flanaganfsf-law.corn TJF/mjh Cc: Freda Dreiling Myrna Slabaszewski Eric R. Reckentine Sarah Foster LAW OFFICES OF FOWLER, SCHIMBERG & FLANAGAN DANIEL M.FOWLER' PROFESSIONAL CORPORATION KATHERINE TAYLOR EUBANK TIMOTHY P.SCHIMBERG 164O GRANT STREET SPECK. COUNSEL TIMOTHY J.FLANAGAN. JEFFERY B. COON E�� L CATHERINE A.TALLERICO DENVER,COLORADO 80203 OF COUNSEL R TELEPHONE:(3O3)29886O3 AARON C.FOY ADAM B.LINTON TELEFAX.(3O3)298748 AFFILIATED OFFICE: ANDREW R.MCLETCHIE INTERNET:hwfimi® 8hnaw.cum AIMEE H.WAGSTAFF PAUL J.TADDUNE,P.C. 323 WEST MAIN,SUITE 3O1 ASPEN.COLORADO 81611 'ALSO DMrTED INWYOMIINGG AND MONTANATELEPHONE:(9YO)925919O TELEFAX:(97O)9259199 November 9, 2005 Sent via facsimile to (970)304-6498 And via U.S. mail Ms. Jacqueline Hatch, Planner South Weld County Dept. of Planning Services 4209 Weld County Road 24 1/2 Longmont, CO 80504 Re: Notice of Public Hearing; Riverbend USR; AMUSR-1259 Dear Ms. Hatch: As I indicated in my phone message, I represent Freda Dreiling and Myrna Slabaszewski, who also are the principals of D & S Mining and are property owners and interested persons with respect to the above-captioned matter, which I believe is now set for a hearing on November 15, 2005 at 1:30 P.M.. We had earlier indicated an approval of this filing, which was based on conversations with Eric Reckentine of LaFarge; however, upon review of the actual Application and maps (which we obtained in August, 2005), it became apparent that this Project cannot be permitted consistent with our agreements with the Applicant, and we withdraw the prior approval and will be filing objections. We had hoped to resolve this with LaFarge, but, at our meeting on Tuesday, November 8, 2005, an impasse became apparent. I cannot attend the November 15, 2005 public hearing because I sit on the First Judicial District Judicial Nominating Commission, and we must interview applicants for an opening on the Jefferson County District bench that day. The schedule is set by statute and cannot be changed due to published deadlines and the requirement on the Governor to make a prompt appointment. Ms. Jacqueline Hatch, Planner November 9, 2005 �-. Page 2 I would respectfully request that this Application be set over to the Commissioner's next available public hearing date. Very truly yours, / W' Timothy J. Flanagan t_flanagan@fsf-law.corn TJF\mjh Cc: Freda Dreiling Myrna Slabaszewski Eric R. Reckentine Ian M. Smith James M. King, Esq. Sarah Foster LAW OFFICES OF FOWLER, SCHIMBERG & FLANAGAN DANIEL M.FOWLER' PROFESSIONAL CORPORATION KATHERINE TAYLOR EUBANK TIMOTHY P.SCHIMBERG 1640 GRANT STREET SPECIAL COUNSEL JEFFERY B.STALDER TIMOTHY J.FLANAGANr DENVER.COLORADO)30203 CATHERINE A.TALLERICO OF COUNSEL TELEPHONE:(303)298603 8 AARON C.FOY TELEFAX:(303)2988748 ADAM B.LINTON AFFILIATED OFFICE: INTERNET:Iawfirm®fsf-Iaw.com ANDREW R.MCLETCHIE PAUL J.TADDUNE.P.C. AIMEE H.WAGSTAFF 323 WEST MAIN.SUITE 301 ASPEN.COLORADO 81611 o No"r,�rvn TELEPHONE:(970)9259190 +usoi,ou"Teo i..wromwc+w TELEFAx:(970)925-9199 November 11, 2005 Sent via facsimile to (720) 652-4211 And via U.S. mail Weld County Planning Commission Southern Office c/o Jacqueline Hatch, Planner 4209 Weld County Road 24 1/2 Longmont, CO 80504 Re: Notice of Public Hearing; Riverbend USR; AMUSR-1259 Dear Planning Commissioners: The undersigned represents Freda Dreiling and Myrna Slabaszewski, who own certain properties as D&S Mining, Inc., and Freda Dreiling has certain properties titled in the name of Dreiling Living Trust. D&S Mining holds two gravel parcels of 200+ acres, composed of a parcel of as much as 168 acres, known as the "Pature" (W 1/2 SW 1/4 Section 7 and E 1/2 SE 1/4 of Section 12), as well as a 40-acre parcel (NE 1/4 NW 1/4 Section 12) where some mining has occurred. These 200+ acres are currently permitted. In addition, Ms. Dreiling owns a 30-acre parcel,which is at the northern most boundary of the Project and is the west 30 acres of W 1/2 SE 1/4 Section 1. PRIOR APPROVAL After a meeting with Eric Reckentine on January 4, 2005, where I was present with my two clients, we were shown some preliminary maps and given a verbal description of the Riverbend Project. We requested further information but never received such. In response to our request for further information, my clients received a "Non-Binding Letter of Intent" to purchase the 200+ acres subject to the existing Mining Lease from Eric Reckentine on March 7, 2005. We responded, and then LaFarge requested in May that we give Eric Reckentine authority to represent D&S Mining for the leased acreage in conjunction with this Permit Application. We complied with those requests in order to comply with the spirit of the Mining Lease. After additional requests for further information, we received sometime subsequent to August 22, 2005 from LaFarge's consultant, Tetra Tech RMC, a copy of the pending Permit Application. Upon examination of that Application and the accompanying maps, we discovered Ms. Jacqueline Hatch, Planner November 11, 2005 Page 2 that the new Plan was inconsistent with the existing Mining Lease and other agreements between my clients and LaFarge or its subsidiaries. When we brought this to LaFarge's attention, they again sent us another "Non-Binding Letter of Intent," asking to purchase the subject property. After a series of correspondence and a meeting most recently on November 7 with LaFarge management, it became apparent that they had no current authority or plan to acquire the D&S Mining property. Accordingly, on November 9, I advised staff of our objection and withdrawal of my client's prior approval of the pending Application. We object to the Special Use Permit for a number of reasons, and I will try and outline how those are inconsistent with the agreements between D&S Mining, Inc. and LaFarge or its subsidiaries and suggest a solution. ACCESS Access on the north of the Project is claimed through a 30-acre parcel owned by the Dreiling Living Trust, which runs from Colorado State Highway-52 and is adjacent to the D&S Mining 40-acre parcel, which is Phase 9 of the current Application. My clients gave access through the Dreiling property in conjunction with a transaction several years ago, at the request of Whitey Glasner and Dwayne Bolling (both employees or agents of Mineral Reserves, Inc., a subsidiary of LaFarge) and executed a "Bargain and Sale Deed" on November 27, 2001. The purpose of that document was to clarify mining access from State Highway-52 through Freda Dreiling's 30-acre parcel to the existing gravel pit. The only consideration that my clients received at that time was a covenant from Mineral Reserves, Inc. "to maximize the amount of usable storage capacity for municipal reservoir storage purposes" on the 168-acre parcel we call the "Pasture," which is Phase 6 of the current Project. We had explained on numerous occasions to LaFarge that this covenant was quite important to my clients because of the Thornton condemnation (City of Thornton v. D&S Mining, Inc., et at; Case No. 98CV449; District Court Weld County, State of Colorado), which was settled on August 28, 2000. At that time, my clients conveyed certain interest in the "Pasture" parcel to the City of Thornton based upon a conservative estimate of the current mining plan of LaFarge to create at least 1500 acre feet of lined storage at that location. My clients reserved the right to a future payment based upon "as-built conditions" if the capacity actually exceed 1500 acre feet of municipal storage. Because we were not in a position to control the mining of the subject property, we did require the covenant noted above the next time LaFarge or its related entities sought something from my clients. The current Application shows some mined-out cells to be "water storage" on the south end, but the "Pasture" parcel, or Phase 6, is shown as "open water pond," which means it will not be lined and will not be suitable for municipal reservoir storage purposes as required by prior agreement. Ms. Jacqueline Hatch, Planner November 11, 2005 Page 3 We have advised LaFarge that, if they do not line the open water pond in Phase 6, they are in violation of the covenant in the Deed of November 27, 2001, and we will withdraw any rights of access across Ms. Dreiling's property from Colorado State Highway-52, since my client's consideration was illusory at best. Such notice was given to LaFarge on October 10, 2005. ISSUE: Colorado State Highway-52 Access CONDITION: Issue Special Use Permit Without Access To Colorado State Highway-52 across private property SEQUENCING The existing Mining Lease was originally entered into on August 15, 1996 between D&S Mining and Richardson Contracting, Inc.. That lease was assigned on April 20, 1998 and expires on August 15, 2018. The Mining Lease requires that the 40-acre parcel (Phase 9) be mined prior to the 168- acre parcel (Phase 6). Accordingly, the property cannot be mined in the phases as currently outlined in the pending Application. ISSUE: Sequence of mining CONDITION: Revise mining sequence such that Phase 9 is mined in advance of Phase 6 TERM The Applicants seek a 30-year term, which has sometimes been described in public as a "35-year term." In any event, the right to mine the 200+acres of D&S Mining expires on August 15, 2018. The Applicants indicate that they will solve this issue by "technical amendments," which are freely granted; however, Weld County citizens should be allowed to rely upon actions taken by the County. ISSUE: Term of Permit CONDITION: Limit Permit and have it expire on August 15, 2018 RECREATIONAL TRAIL In order to attempt to claim recreational benefits from the Project, certain maps indicate a "potential primary trail" across Ms. Dreiling's 30-acre parcel south of Colorado State Highway- 52. Public access through these 30 acres has never been granted and certainly does not currently exist. Once again, it seems that LaFarge is giving away what it does not own. Ms. Dreiling does not want recreational users across her property and certainly does not want the liability that arises from such use by hikers, bikers or others. Ms. Jacqueline Hatch, Planner November 11, 2005 Page 4 ISSUE: Recreational access CONDITION: Limit Permit to property owned by Applicant and no rights given across adjacent private property By separate letter I have asked that this matter be set over from November 15, 2005 to a date at which I can appear on behalf of my clients. Ve truly • - , I Timothy J. 1. a:. T Flanagan ' sf-law.co TJF/mjh Cc: Freda Dreiling Myrna Slabaszewski Lee Morrison, Esq., County Attorney Jim King, Esq., Counsel for LaFarge Eric Reckentine, LaFarge .-� Ian M. Smith, LaFarge Sarah Foster, Tetra Tech RMC r Hello