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Home My WebLink About931734.tiff ,ldailron 'M1 is TIMOTHY F. PALERMO 3715 BRIGHTON BLVD. DENVER, CO 80216 December 20, 1993 -' , ;, Commissioner Barbara Kirkmeyer Board of County Commissioners Weld County 915 Tenth St. Greeley, CO 80631 Re: Plat Recordings Dear Commissioner Kirkmeyer: This letter is in response to our telephone conversation earlier today concerning problems regarding Recorded Exemption NO. 1476 - Palermo (RE-1476) . We can not get the plat recorded because of Item #8 in the resolution. A little explanation of the problems we are having may be in order to help you understand the predicament we are in. On April 21, 1993, the Board of County Commissioners approved our Re-1476, splitting a 69 .40 acre site into two parcels, Lot A and Lot B. There were various conditions placed on the permit at that time which we have not been able to comply with because of a disagreement with the original landowners. We have tried numerous ways to work out this problem with the Planning Department so we could begin to construct houses on the two parcels to no avail . The problem condition is #8 which reads: " Prior to recording the plat, the applicant shall submit written evidence that the requirements of the Colorado Division of Minerals and Geology have been complied with concerning the Mined Land Reclamation permit issued on the property. " When we were going through the hearings, we understood the Board wanted us to confirm that we would comply with the existing MLRB Permit. We did not realize at the time this would cause so many problems and felt a simple confirmation from us would suffice. We found out later from the Planning Staff that we needed a letter from the State before they would record the plat. The problem is that I cannot provide this proof until we are the permit holders. According to state law, only the permit holder can make requests regarding a MLRB permit. To get a letter addressing Item #8 we have to be the permit holder. This means transferring the permit from St. Vrain Ltd. , the original owner, to us. They, (St. Vrain) refused to sign the transfer form,until just recently. They refused to sign the transfer form, until just recently. They finally capitulated after the Division of Minerals and .H. Geology (DM&G) threatened to find them in violation of not having the legal right to enter the property. 1131734 clC •04 • dace 654 appreciated. I look forward to resolving the problems and hearing from you so I can get on with building my house. If you need me to be at a meeting with the Board of County Commissioners or hauo =n„ On November 20 , 1993 , we submitted the necessary paperwork to the DM&G to get this transfer completed . It will take 60 plus days to complete the transfer . Since April 21 , 1993 , we have been unable to build our houses on the property . We have tried to suggest options to the Planning Staff that would solve the problems , but the final straw came when they entered the property and red flagged a pile of dirt and hole we had recently dug on the site , claiming it was a foundation . We have no foundation associated with Lot A . We do not want to violate any of the county ' s regulations but this item has caused unnecessary hardships on us because we cannot use the property for what we want . We have tried to take a common sense approach to the problem but because Item #8 and an un- cooperative staff , we have not been able to resolve this issue . I understand that we have to comply with all permit conditions imposed by the Colorado Mined Land Reclamation Board permit . We have made a diligent attempt to obtain the required letter , but have failed through no fault of our own . I have to start building my house on Lot A very soon or it will not be ready next fall . I realize that I have to file a Flood Hazard Permit , but cannot do that until the plats are recorded because one already exists on the site that covers Lot B . My request is this : o Please direct the Planning Department to allow us to record the plat for Recorded Exemption 1476 . o Please issue a building permit on Lot A for my house . I apologize for having to come to you to resolve the problems we discussed on the telephone . Thank you for your help and the Board ' s consideration of this request . They are greatly appreciated . I look forward to resolving the problems and hearing from you so I can get on with building my house . If you need me to be at a meeting with the Board of County Commissioners or have any further questions , please call me at ( 303 ) 295 - 2943 . Respectfully Submitted , Timothy F . alermo TFP/alr D E C I V E DEC 2 y 1993 • I weld County Planning From : ENVIRONMENT, INC, PHONE No. : 303 423 7297 Feb.07 1994 11:17AM P01 f e°' ` '0 . )clase • tjTE OF COLORADO DIVISION OF MINERALS AND GEOLOGY r�-� • Department of Natural Resources 6 O .i 13 Sherman St..Room 2I S • w! Denver,CU 80203 - 1:. '•..._ .` •• Phone:1!03i 866.3567- �/'r (��. i v ."� FAX:1J01i H.12•HI06 1-� Roy Romer MINERALS PROGRAM INSPECTION REPORT r wernu Michael B.Long • Division Director The Division of Minerals and Geology has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance of the mining operation with the permit and the regulations of the Mined Land Reclamation Board. The report notes 1) Areas of successful compliance; 2) Problems and suggested corrective actions and/or 3) Possible violations to be considered for possible enforcement action by the Mined Land Reclamation Board. OPERATORS SHOULD READ THIS_ REPORT CAREFULLY BECAUSE IT MAY REOUIRE CORRECTIVE ACTION AND/OR RESPONSES TO THE DIVISION IN ORDER TO AVOID CONSIDERATION OF POSSIBLE ENFORCEMENT ACTION BY THE MINED LAND RECLAMATION BOARD. MINE NAME C,; 1.,'E ✓rAi Y, /at OPERATOR CA... / ✓P4,-. Z COUNTY Wt./ d MINERAL S 4- C, TYPE OF OPERATION(Z .r ./ Ci t //„2 INSPECTOR(S) R , ,Y.jr. '. t SIGNATURE i ' MINE ID # OR PROSPECTING ID c# /)'1 175 -/l3 INSPECTION DATE 47/R/Ii 3 DATE OF COMPLAINT INSPECTOR'S INITIALS , GJc'.5 TIME OF DAY (MILITARY) /�/ • INSPECTION TYPE CODE" S!• POST INSP. C0NTACTS° A/1 JOINT INSP. AGENCYCODEm A/0 /REASON FOR INSP. CODED) /G WEATHER CODE(4) C I?�j OP. REP. PRESENT 1'r't S . �", r i• I. INSPECTION TYPE CODE-ICL•IN: IL=Illegal Operation,Ml=Monitoring,MP=Mineral Prospect,SI=Surety-related,PR=Pre-operation) 2. POST INSPECTION CONTACTS AND JOINT INSPECTION AGENCY CODE-(CL-AO: NO=None,BL=BIM,CH=Colo.Dept.Halth;CL-Land Board,CT+Citizen;CW=Wildlife,FS Forest Service,HW=Hwy.Dept.,LO=Local Oovernment,SE=Sute Emir.) 3. REASON FOR INSPECTION CODg - (CL-RS: AO=Other agency request, Ct=Citlien Complaint, IB=Norrnal le Program, HP=High Priority, PY=Priorlryl 4. WEATHER CODE-[CL-WE:- CL=Cloudy,CR=Clear,IN=Inelement-prevented Inspection,RN.-Raining,3N-Snowing,WD-Windy) This list identifies the environmental and permit parameters inspected and gives a categorical evaluation ofeach. aF PB OR PV IS INDICATED. YOU SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE WITH THE TERMS OF YOUR PERMIT AND APPLICABLE RULES AND REGULATIONS, If PV is indicated, you will be notified under separate cover when the Mined Land Reclamation Board will consider possible enforcement action. 9ENERAL INSPECTION TOPICS (AR)RECORDS (FN)FINANCIAL WARRANTY (RD)ROADS . . , . (HB)HYDROLOGIC BALANCE . . ` . (SO)BACKFILL &GRADING . j.. (EX)EXPLOSIVES . /(L� (PW) PROCESSING WASTE/TAILINGS ,l.11 (SF)PROCESSING FACILITIES €N (TS)TOPSOIL . . , (MP)GENL MINE PLAN COMPLIANCE (FW)FISH & WILDLIFE . . 1. (RV)REVEGETATION (SM) SIGNS AND MARKERS . . - (SP)STORM WATER MGT PLAN (ES)0VERBURDEN/DEV. WASTE . . (SC)EROSION/SEDIMENTATION L (RS)RECL PLAN/COMP (AT)ACID OR TOXIC MATERIALS . / (OD)OFF-SITE DAMAGE . , .. L. (ST)STIPULATIONS / = Fnce.^ ,.,-e F`/ n In"e=_:ed and Possible Violation Noted PB • I:npr,iN sr Pr.L't r• -:,..v1 �'A - ND) From : ENVIRONMENT, INC. PHONE No. : 303 423 7297 Feb.07 1994 S1:SSFM1 P02 e G (PAGE ZI M-NE ID K CR PROSPECTING ID 7 . INSPECTION DATE Z11 fr13 :NS'ECT:R S INITIALS ≤ L S OBSERVATIONS • Yk:s ihc6&c.ftt- %ex da,"., a'• r`�Iuc.> oiI-re .( Orr — Acid tiak . L, c` . 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