2017-07-24_REVISION - C1981038 (5)

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First—although many or most of us considered the actual use proposed by Mark Levin to be totally out of keeping with the evolving West Elk Loop Scenic Byway and the transition to agribusiness and tourism, we wanted to see if this was a viable business. We looked up the same business Mark Levin had in Dumont, Colorado (he had at least three other storage /salvage yards in other states). He was going to consolidate all of them here—and we obtained pictures of what the yards looked like, and what the equipment looked like. Essentially they were junkyards, with rusting equipment he would repair over time and sell when he could. I have a google map of the Dumont site if anyone wants to see it. We talked to the West Elk Loop Scenic Byway Board and they wrote 2 letters to the County objecting to the change of use to industrial—I have a copy of the most current letter which basically threatens to terminate the West Elk Loop Scenic Byway designation if this type of development is approved. It is incompatible not only with the Scenic Byway guidelines, but the guidelines of the Specific Development Regulations of the County. The issue of incompatible use affects all surrounding landowners, but in particular Lee and Kathy Bradleys Orchard Valley Farm and market which has essentially 1 mile of land bordering the Hwy 133 property—they would be almost surrounded by the junkyard if it was approved. But setting aside the incompatibility—what about the reclamation agreement, bonded by Bowie when they began mining operations supported by these sites 45 years ago? Who would reclaim the land and facilities that were built then or were torn up or disturbed from what was originally there? Under the application, as long as Levin used them in his operations, he needed to do very little in the way of reclamation. As I said before, the original application stated: "There are no foreseeable added costs to the county from this development". This is absolutely not true. Let me just tell you a few of the problems we uncovered which could have a direct effect on the County's liabilities and potential costs. 1. Farmers Ditch -60 foot buried culvert to protect the ditch—built 45 years ago—what if it fails? It runs through the property. 2. Railroad/trestle bridge across the North Fork to be used by the new owner in the original application with no maintenance agreement or requirement to demolish it if necessary (this was part of Bowie's original reclamation agreement). 3. 46K voltage line (still live and occasionally sparking) and crossing property owners land/buildings. 4. Sediment ponds which still have to be cleaned up with no agreement for continued maintenance—flooding would affect the Farmers Ditch and runoff to the river, as well as affect the aquifer on Mike Arnold's land 5. Metal plated undercrossing built by Bowie under the county road (Black Bridge Road) to allow the train spur to be built up to the loadout area. This metal culvert is 45 years old—it has ? more years of "life" if maintained. 6. Black Bridge Road from Hwy 133 down to the Black Bridge—this road was moved at the request of Bowie and the original Road abandoned to Bowie as their property. This area of the road has guard rails needing maintenance, and has banks along it's curve over the railroad spur which are eroding. We are investigating a lease agreement with Bowie and the county currently. All the above was not taken into consideration when the application was put before us as an "administrative" issue. The total estimate for reclamation costs, setting aside the metal plated