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HomeMy WebLinkAbout20232436.tiffMariah Higgins From: Sent: To: Cc: Subject: Attachments: Kim Ogle Thursday, November 2, 2023 6:38 AM Jessica Reid; Esther Gesick CTB FW: Second Quarterly Report - 1MJUSR21-76-298 2023.11.02 Second Quarterly Report 1MJUSR21-76-298.pdf Addendum to File for the Cliff Simpson USR as referenced above. Call of email with questions. Thank you Kim Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17th Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Stacey Shea <SShea@nocoattorneys.com> Sent: Thursday, November 2, 2023 6:27 AM To: Tom Parko Jr <tparko@weld.gov> Cc: Kim Ogle <kogle@weld.gov>; cliff@chexcavation.com; Derek Daniels <derek@chexcavation.com> Subject: Second Quarterly Report - 1MJUSR21-76-298 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, The Second Quarterly Report for the above stated MJUSR is attached for review. Please let me know if you have any questions or concerns. 00 Please note that I will be out of the office from mid -day Friday, October 27th, until the following Friday, November 3rd, with limited availability to return emails or calls.** Thank you, Stacey L. Shea CotAMVn; COL -1--:®4S 11/0S/23 2o23-2436 PL. 05 4=1 970-330-6700 THIS EMAIL IS CONFIDENTIAL: The information contained in this email or any attachment hereto is confidential. It may also be privileged. If you are not the intended recipient, notify the sender by return email and immediately delete this email. From: Stacey Shea Sent: Friday, August 4, 2023 2:53 PM To: Tom Parko Jr. <tparko@weldgov.com> Cc: Kim Ogle <kogle@weld.gov>; cliff@chexcavation.com; Derek Daniels <derek@chexcavation.com> Subject: First Quarterly Report - 1MJUSR21-76-298 Good afternoon, The first quarterly report for the above stated MJUSR is attached for review. Please let me know if you have any questions or concerns. Stacey L. Shea, Esq. Partner Otis & Bedingfield, LLC ** Please note that our address has changed! 8207 W 20th St, Suite A Greeley, CO 80634 2725 Rocky Mountain Ave, Suite 300 Loveland, CO 80538 970-330-6700 — Office 970-397-1897 — Cell sshea@nocoattorneys.com www.nocoattorneys.com THIS EMAIL IS CONFIDENTIAL: The information contained in this email or any attachment hereto is confidential. It may also be privileged. If you are not the intended recipient, notify the sender by return email and immediately delete this email. 2 OTIS �. BEDINGFIELD, LLC ATTORNEYS AT LAW November 2, 2023 Stacey L. Shea 2725 Rocky Mountain Ave. Suite 300 Loveland, CO 80538 970-330-6700 sshea n,nocoattorneys.com www.nocoattorneys.com Weld County Board of County Commissioners ("BOCC") c/o Tom Parko, Weld County Planning Services via: Email tparko@weldgov.com 1555 N 17th Ave Greeley, CO 80631 RE: IMJUSR21-76-298 — Second Quarterly Report Weld County Planning: This office represents C & H Aggregate, LLC (the "Applicant") in relation to the Site Specific Development Plan and Major Amended Use by Special Review Permit, 1MJUSR21-76-298 application (the "Amended USR") for an expansion ofthe open mining operations performed on property located in Weld County (the "County"). In the exchange for the twelve (12) month extension granted Applicant by the BOCC, Applicant agreed to provide quarterly progress reports detailing Applicant's efforts towards the perfection of the Amended USR until such time as the final Improvements & Road Maintenance Agreement (the "Agreement") has been presented to and approved by the BOCC. Since the submission of the initial Quarterly Report, dated August 4, 2023, Applicant has completed the following items: Agreement — Applicant has received revised draft of Agreement from Deputy County Attorney, Karin McDougal, and provided additional comments that are pending review by County. Applicant believes this to be near completion but for the finalization of applicable exhibits. CR 39 North of CR 94 Improvements — o Design work is in progress. o 75% plans nearing completions for review by Applicant and submittal to County Staff o Permits issued by Weld County on October 26, 2023. CR 39 and CR 90 Intersection Improvement — o The Field Survey is complete on this portion. Surveyor expects to supply data from same to Civilworx on or around the date of this report with an expected submittal to County Staff in early December 2023. o Applicant has been in discussions with Edge Energy on a joint effort to accomplish each party's respective off -site improvement obligations. OTIS (c2, BEDINGFIELD, LLC ATTORNEYS AT LAW November 2, 2023 Page 2 of 2 o Permits issued by Weld County October 26, 2023. Hwy 85 and CR 90 Improvements — Applicant and Applicant's engineering team held a conference with CDOT representatives in preparation for road improvements requiring CDOT permits and participation. Survey/potholing for this portion of the project is complete and the design steps are underway. FEMA mapping is currently under review. EEC is awaiting CDOT approvals. Please contact my office with any questions or concerns regarding the above information. Sincerely, Otis & Bedingfield, LLC Stacey`f,. Shea Attorney at Law cc: Cliff Simpson Derek Daniels Kim Ogle cliff@chexcavation.com derek@chexcavation.com kogle@weldgov.com Mariah Higgins From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Kim Ogle Friday, August 4, 2023 3:15 PM CTB Tom Parko Jr FW: First Quarterly Report - 1MJUSR21-76-298 2023.08.04 First Quarterly Report 1 MJUSR21-76-298.pdf Follow up Flagged Hello Please find attached the First Quarterly Report from representatives for Cliff Simpson, per extension agreement . Case no. 1MJUSR21-76-298 Please add to the file Kim Ogle Principal Planner Weld County Planning Services 1402 N. 17«' Avenue I Greeley 970.400.6100 Office 970.400.3549 Direct kogle@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Stacey Shea <SShea@nocoattorneys.com> Sent: Friday, August 4, 2023 2:53 PM To: Tom Parko Jr <tparko@weld.gov> Cc: Kim Ogle <kogle@weld.gov>; cliff@chexcavation.com; Derek Daniels <derek@chexcavation.com> Subject: First Quarterly Report - SIVIJUSR21-76-298 Good afternoon, The first quarterly report for the above stated MJUSR is attached for review. Please let me know if you have any questions or concerns. Stacey L. Shea, Esq. Partner Otis & Bedingfield, LLC Cot�Mvn;G0.�'�o/1S 0a/21 /23 2023-2436 PLOSV k ** Please note that our address has changed! 8207 W 20th St, Suite A Greeley, CO 80634 2725 Rocky Mountain Ave, Suite 300 Loveland, CO 80538 970-330-6700 — Office 970-397-1897 — Cell sshea@nocoattorneys.com www.nocoattorneys.com THIS EMAIL IS CONFIDENTIAL: The information contained in this email or any attachment hereto is confidential. It may also be privileged. If you are not the intended recipient, notify the sender by return email and immediately delete this email. 2 OTIS c BEDINGFIELD, LLC ATTORNEYS AT LAW August 4, 2023 Stacey L. Shea 2725 Rocky Mountain Ave. Suite 300 Loveland, CO 80538 970-330-6700 ssheaSlinocoattorney s.com www.nocoattorneys.corn Weld County Board of County Commissioners ("BOCC") c/o Tom Parko, Weld County Planning Services via: Email tparko@weldgov.com 1555 N 17th Ave Greeley, CO 80631 RE: 1MJUSR21-76-298 — Quarterly Report Weld County Planning: This office represents C & H Aggregate, LLC (the "Applicant") in relation to the Site Specific Development Plan and Major Amended Use by Special Review Permit, 1MJUSR21-76-298 application (the "Amended USR") for an expansion ofthe open mining operations performed on property located in Weld County (the "County"). In the exchange for the twelve (12) month extension granted Applicant by the BOCC, Applicant agreed to provide quarterly progress reports detailing Applicant's efforts towards the perfection of the Amended USR until such time as the final Improvements & Road Maintenance Agreement (the "Agreement") has been presented to and approved by the BOCC. Since the May 8, 2023 extension, Applicant has completed the following items: May 9, 2023 — Ethos Land and Water, LLC ("Ethos") began the RFP process on Applicant's behalf to obtain proposals for each of the identified off -site improvements. May 26, 2023 —Assistant County Attorney, Karin McDougal, provided Applicant with comments and revisions to Applicant's proposed draft of the Agreement. May 31, 2023 — Ethos received three proposals for review by Applicant. Of the three proposals the following selections have been made and contracts signed with: o TST INC., Consulting Engineers ("TST") will perform the work associated with the Hwy 85/CR 90 improvements and the left turn lanes into the site to be constructed on CR 39 at the primary site entrance. CivilWorx, LLC ("CW") will perform the work on the CR 39/CR 90 intersection improvements. June 15, 2023 — Applicant received and began review of design proposals. July 10, 2023 — Applicant's counsel provided Assistant County Attorney, Karin McDougal, and Planning Staff members, Kim Ogle and Dawn Anderson, additional comments to the Agreement. At the time of submission, construction schedules and estimates were still being compiled. As such, the related exhibits were not submitted with this draft. July 20, 2023 — Applicant received and began to review contracts related to the design of the Improvements. OTIS cci BEDINGFIELD, LLC ATTORNEYS AT LAW August 4, 2023 Page 2of2 - August 4, 2023 —Applicant, Applicant's counsel, Ethos, TST, and CW participated in a coordination meeting with County staff. Please contact my office with any questions or concerns regarding the above information. Sincerely, Otis & Bedingfield, LLC Stacey`L. Shea Attorney at Law cc: Cliff Simpson Derek Daniels Kim Ogle cliff@chexcavation.com derek@chexcavation.com kogle@weldgov.com Hello