HomeMy WebLinkAbout20053770.tiff CARVER KIRCHHOFF SCHWARZ McNAlik BAILEY, LLC
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SEA fY oFFie JEFFREY W.SCHWARZ
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September 12, 2005 2°°5
September
VIA FIRST CLASS MAIL
Chris Gathman, Planner II
Department of Planning Services
Weld County
918 10th Street
Greeley, Colorado 80631
Re: Nix Sand and Gravel Pit-- Use by Special Review ("USR") Permit No. 1343
Ready Mixed Concrete Company
Dear Chris:
Thank you again for making time on Friday morning, September 9, 2005, to meet with me
and Bill Timmons, the General Manager of the Aggregates Division at Ready Mixed Concrete
Company ("RMCC"). As Bill mentioned, RMCC was recently acquired by a company called
Boral Construction Materials, LLC, which is an Australian construction materials company. RMCC
then acquired the assets of Owens Brothers Concrete Co., which included the Nix Sand and
Gravel Pit. Subsequent to closing the two transactions, RMCC has been working to integrate
the Owens and RMCC operations. During this process, RMCC identified USR Permit No. 1343 for
the Nix site, and the fact that several items set forth in the October 9, 2002 Resolution adopted
by the Weld County Board of County Commissioners, and the attached Development
Standards, remained outstanding. These included items 2.1 and 2.J in the Resolution, and
Section 2.E of the Development Standards.
Items 2.1 and 2.J in the Resolution pertain to, respectively, a Road Maintenance and
Improvements Agreement between the USR permittee and the County and a construction
drawing for the authorized access point from the Nix site to WCR 19. We met with Don Carroll at
the Weld County Public Works Department before meeting with you on September 9 to provide
him copies of a revised Agreement and a draft access area construction drawing. Section 2.E
of the Development Standards requires an individual Sewage Disposal System permit be
obtained. This is in process and we expect that the permit application will be filed soon.
During our meeting you asked whether we knew if the waste handling plan required
under Section 2.C of the Development Standards had been submitted to and approved by the
Weld County Department of Health. We indicated that records maintained by Owens'
consultant, Banks and Gesso, indicated that the County had approved a waste handling plan
on or about April 21, 2003. We also undertand that a copy of that plan was attached to a letter
Banks and Gesso sent to your attention on or about September 4, 2004.
You also indicated that the Health Department would have to advise you as to whether
the Air Pollution Emission Notice ("APEN") Owens had filed and the air emissions permit it
obtained to meet Section 2.D of the Development Standards would also meet the requirement
HUDSON'S BAY CENTRE' 1600 STOUT STREET,SUITE 1700.DENVER,COLORADO 80202 l �--�-)
MAIN 303.893.1815.FAX 303.893.1829'www.cksmb.com 3UV5�
Christopher D. Lidstone, P.G.
September 12, 2005 CARVER KIRCHHOFF SCHWARZ McNAB & BAILEY, LLC
Page 2
to submit a "Dust Abatement Plan" as provided in Section 2.g of the Development Standards.
As we discussed, the filing with the Air Pollution Control Division at the Colorado Department of
Public Heath and Environment included a "Particulate Emissions Control Plan." Typically such
plans are accepted by local governments as meeting "Dust Abatement Plan" requirements
stipulated in land use approvals. As with the waste handling plan, we believe that a copy of the
"Particulate Emissions Control Plan" was attached to the letter Banks and Gesso sent to your
attention on or about September 4, 2004.
As we discussed, RMCC will ensure that the plat sheets Banks and Gesso sent to the
County on Owens' behalf on September 4, 2004 are revised to delete references to Owens, and
to add references to "Ready Mixed Concrete Company." I have attached for your file a copy
of a Certificate issued by the Colorado Secretary of State's Office that confirms that RMCC is a
Colorado corporation in good standing. The plat will be executed by David Plummer, RMCC's
President, once it is finalized.
Finally, this is to confirm that as a result of Owens' previous efforts, and RMCC's continued
efforts to finalize the USR approval, the Department of Planning Services believes that RMCC is
diligently pursuing the final permit approval and that it does not intend to convene a hearing
before the Board of County Commissioners to amend or revoke the existing Resolution and
Development Standards. If I am mistaken in this regard, please call me. Also, please call me in
the event you have any questions regarding the final steps RMCC is taking to finalize the plat for
approval by the Board, or if you require additional information regarding the waste handling
plan or the "Particulate Emissions Control Plan."
Thank you.
Sincerely yours,
mmt"a
Jeffrey W. Schwarz
Attachment
cc: Bill Timmons, RMCC (w/att.)
Don Carroll, Public Works (w/att.)
•PRIVILEGED&CONFIDENTIAL•ATTORNEY-CLIENT COMMUNICATION•
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, William A. Hobbs, as the Deputy Secretary of State of the State of Colorado, hereby certify
that, according to the records of this office,
READY MIXED CONCRETE COMPANY
is a
Corporation
formed or registered on 10/21/1943 under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been
assigned entity identification number 19871108124
This certificate reflects facts established or disclosed by documents delivered to this office on
paper through 09/07/2005 that have been posted, and by documents delivered to this office
electronically through 09/12/2005 @ 11:56:48 .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed,
authenticated, issued, delivered and communicated this official certificate at Denver, Colorado
on 09/12/2005 @ 11:56:48 pursuant to and in accordance with applicable law. This certificate is
assigned Confirmation Number 6301312 .
OF • COL
O
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O
c.
Deputy Secretary of State of the State of Colorado
1876
xx**++x*****+x***xxxxx**xxx*************Elld of CCrt1(Kate***+*+*+++*+**+***++**+++**+*+*+++*++*+*
Notice:A certificate issued electronically from the Colorado Secretary of State's Web site is JO).and immediately valid and a ective. However,
as an option,the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of
the Secretary of State's Web site. hnp://wwwsos.state.co.usrbiz/CertificateSearchCriteria.do entering the certificate's confirmation number
displayed on the certificate, and following the instnictions displayed. Confirming the issuance of a certificate is merely optional and is not
necessary to the valid and effective issuance of a certificate. For more information,visit our Web site, http://wumsos.state.co.us/click Business
Center and select "Frequently Asked Questions."
CERT_GS_D Revised 08/16/2005
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