HomeMy WebLinkAbout20033586.tiff •
11"Rim Ogle Re Turnpike/Aggregate industries-abandonment Page 1;
From: Kim Ogle
To: LEE Morrison
Date: 12/12/03 6:59AM
Subject: Re: Turnpike/Aggregate industries-abandonment •
so long as new material is not coming onto the site and the purpose is to remove the stockpiles. okay.
the state has signed off on the reclaim permit and Al is only removing the excesses from mining? I see no
issue. kim
>>> LEE Morrison 12/11/03 05:28PM >>>
the state rec permit has been released
>>> Kim Ogle 12/11/03 5:06 PM >>>
I see no issue, given that Al is wqilling to post collateral for roads. Also, if there has been no closure from
DMG, then the application remains open and valid. kim
>>> LEE Morrison 12/11/03 04:26PM >>>
Michelle and Sheri referred this issue to me. The question was whether the county permit was still valid
even though the Mined Land permit had been relinquished. I intend to advise aggregate that it is still valid
because (1)the permit has never been revoked, (2)stockpiles of materials remained on the site and
- evidence has been presented that the materials have been continued to be used in Turnpikes commercial
business (3)the intent was not to abandon mineral recovery but to use the stockpile material and get the
money from the bond released.
the only other issue is that of improvements to WCR 1. Donald is going to look at that along with Boulder
County(who are now maintaining)
It is my intention to send a letter to aggregate tomorrow indicating they have a valid permit but that I
understand they are willing to make a reasonable contribution to deal with the road impacts
OK?
Lee D. Morrison
Assistant Weld County Attorney ,
915 10th St., PO Box 758
Greeley, CO 80632
(970)356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
603.5ge.
?L 0553
Michelle Katyryniuk- Re: Turnpike/Aggregate industries-abandonment Page 1 r
From: Kim Ogle
To: LEE Morrison; Michelle Katyryniuk; SHERI Lockman
Date: 12/11/03 5:06PM
Subject: Re: Turnpike/Aggregate industries-abandonment
I see no issue, given that Al is wqilling to post collateral for roads. Also, if there has been no closure from
DMG, then the application remains open and valid. kim
>>> LEE Morrison 12/11/03 04:26PM >>>
Michelle and Sheri referred this issue to me. The question was whether the county permit was still valid
even though the Mined Land permit had been relinquished. I intend to advise aggregate that it is still valid
because (1)the permit has never been revoked, (2)stockpiles of materials remained on the site and
evidence has been presented that the materials have been continued to be used in Turnpikes commercial
business (3)the intent was not to abandon mineral recovery but to use the stockpile material and get the
money from the bond released.
the only other issue is that of improvements to WCR 1. Donald is going to look at that along with Boulder
County(who are now maintaining)
It is my intention to send a letter to aggregate tomorrow indicating they have a valid permit but that I
understand they are willing to make a reasonable contribution to deal with the road impacts
OK?
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632
(970)356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
CC: DONALD Carroll
Michelle Katyryniuk Turnpike/Aggregate industries-abandonment Page 1
•
From: LEE Morrison
To: Kim Ogle; Michelle Katyryniuk; SHERI Lockman -
Date: 12/11/03 4:26PM
Subject: Turnpike/Aggregate industries-abandonment
Michelle and Sheri referred this issue to me. The question was whether the county permit was still valid
even though the Mined Land permit had been relinquished. I intend to advise aggregate that it is still valid
because (1)the permit has never been revoked, (2) stockpiles of materials remained on the site and
evidence has been presented that the materials have been continued to be used in Turnpikes commercial
business ( 3)the intent was not to abandon mineral,recovery but to use the stockpile material and get the •
money from the bond released.
the only other issue is that of improvements to WCR 1. Donald is going to look at that along with Boulder
County(who are now maintaining)
It is my intention to send a letter to aggregate tomorrow indicating they have a valid permit but that I
understand they are willing to make a reasonable contribution to deal with the road impacts
OK?
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632
(970)356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
CC: DONALD Carroll
I Michelle Katyryniuk_Re___SSUP-249_and a question for you Page 1�
From: LEE Morrison
To: Michelle Katyryniuk
Date: 11/7/03 4:20PM
Subject: Re: SUP-249 and a question for you
It appears that the permit has not been used but that no steps were taken to vacate because of
abandonment. The best course is for them to reapply for a USR since the existing permit is outmoded .
If they chose to use the old permit, the Board would be asked to formally revoke and they would then
need to start over so I they do a new permit. Since they had a SUP and then a USR , I do not believe that
the UD designation enters into a decision on this
My question is Are you doing an SE for Eaton.water tank? Is there really a need for an improvements
agreement where the public will not have access to the site and the Town is not going to leave the area
7
>>> Michelle Katyryniuk 11/5/03 7:48 AM >>>
Good Morning Lee,
I just have a few questions for you. AmSUP-249 is classified as Turnpike Agricultural Unit Development
Plan, the applicant is wanting to continue the gravel operation as long as the revised DMG permit is
approved. I checked with the Colorado Division of Minerals and Geology and Turnpike's permit was
released on Jan. 25, 1996. Meaning they have not been in operation for about 8 years.
You informed me that you did not have a problem with them still operating just as long as'they have not
abandoned the operation for 3 years. Does the 3 years still apply if they are not a USR but an Agricultural
Unit Development Plan?
Then my next question is if they have to come back through the county do they need to do a Second
Amended to the SUP or do they go back through the Change of Zone and Final Plat because they are a
AUD?
_ Thanks, /
Michelle 17' - B2ln't
Lee D. Morrison # 'cc.s,a_ok 54s 25,
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632
(970) 356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
Michelle Katyryniuk Re:AMSUP-249_ Page 1
From: LEE Morrison
To: Michelle Katyryniuk
Date: 10/27/03 4:47PM
Subject: Re: AMSUP-249
not as long as they have not abandoned the operation for 3 years or more
>>> Michelle Katyryniuk 10/27/03 2:08 PM >>>
Lee,
SUP-249 (Turnpike Agricultural Unit Development Plan)
A7 the Development Standard of SUP-249 (recorded on Sept.25 1975)states that"expected time to
complete extraction is within 10 years. Gravel will be used within a 15 mile radius."
Oct. 1 1981 the applicant amended the USR to delete A7.
The applicant is now asking "can the gravel operation continue as long as the revised DMG permit is
approved?"
Do you see any problems with this?
Michelle
30-31 - 2 - Cot
4311 Highway 66, Suite 4
Longmont, CO 80504
Office (970) 535-9318
Denver (303) 485-7838
Fax:-(970)-535=9854
EAN ? RO
LANDPROfessionals,LLC
October 23, 2003 _
Weld County Planning
1555 North 17th Avenue
Greeley, CO 80631
To Planning Staff:
f We-would like an interpretation on SUP 249 which was approved in 1975 for a
/ S gravel mining operation. An amendment was approved in 1981. A revised DMG
1 (/2 permi(is in process. As the existing SUP was approved in 1975 can the gravel
r)f operation continue as long as the revised DMG permit is approved? Please provide
I
\- 1,.a a written and emailed response as soon as possible. Thank you.
L
S' erely;,, O •
✓
aureh•Light
.,r Land Planner
�� < LANDPROfessionals,LLC
'------4311 Highway 66, Suite 4
Longmont, CO 80504
(970) 535-9318
Llight@agpros.com
1
- Ynnr"Prn.Aa"knvirnnmental Pmfv.ccinnalc
Kim Ogle- RE Turnpike Construction SR 0d9-Abandonment issues-Corrected versio^ Page 1
-- `I Sv—
,
From: LEE Morrison
To: I:Rlaird@asphaltspecialties.com
Date: 12/12/03 5.08PM
Subject: RE: Turnpike Construction SR 249-Abandonment issues- Corrected version
Rob
I have reviewed your materials regarding this matter and concur that the Special Review Permit should
not be considered to have been abandoned even though the Mined Land permit had been relinquished.
My advise to Planning is based, in part, on your representation that Asphalt Specialties Co.(ASCI)would
be willing to make or contribute to improvements on Weld County Road 1 which are reasonably related to
and proportional to the traffic generated by the mining operation I agree that it is still valid because (1)
the County permit has never been revoked, (2) stockpiles of materials remained on the site and evidence
has been presented that the materials have continued to be used in Turnpike's commercial business (3)
the intent was not to abandon mineral recovery but to use the stockpile material and recapture the
money tied up in the reclamation bond.
Weld County is not able to advise you as yet as to what might constitute reasonable improvements. Mr
Donald Carroll will review your materials you sent me but has not had the opportunity to do so. It is within
the stretch of road maintained by Boulder County so that any discussion would involve them as well.
Please contact me if this e-mail is insufficient for your purposes
Lee
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632
(970) 356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632 ,
(970) 356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
CC: Kim Ogle
2.03335%
Kim Ogle-Turnpike Construction SR 249-Ahandonment issues _ Page 1
From: LEE Morrison
To: I:Rlaird@asphaltspecialties.com
Date: 12/12/03 3:51 PM
Subject: Turnpike Construction SR 249-Abandonment issues
Rob
I have reviewed your materials regarding this matter and concur that the Special Review Permit should
not be considered to have been abandoned even though the Mined Land permit had been relinquished.
My advise to Planning is based, in part, on your representation that Aggregate would be willing to make or
contribute to improvements on Weld County Road 1 which are reasonably related to and proportional to
the traffic generated by the mining operation. I agree that it is still valid because (1)the County permit has
never been revoked, (2) stockpiles of materials remained on the site and evidence has been presented
that the materials have continued to be used in Turnpike's commercial business ( 3)the intent was not to
abandon mineral recovery but to use the stockpile material and recapture the money tied up in the
reclamation bond.
Weld County is not able to advise you as yet as to what might constitute reasonable improvements. Mr
Donald Carroll will review your materials you sent me but has not had the opportunity to do so. It is within
the stretch of road maintained by Boulder County so that any discussion would involve them as well.
Please contact me if this e-mail is insufficient for your purposes
Lee
Lee D. Morrison
Assistant Weld County Attorney
915 10th St , PO Box 758
Greeley, CO 80632
(970) 356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
CC: Kim Ogle
Hello