1979-02-06_PERMIT FILE - M1978352

Home Browse Search

Alined Ladd Reclamation Division February 6, 1979 Page 3 The conditions set forth above-are requested-by our Company because of the very serious, hazardous consequences that could result when slow, heavily- 19deti, lumbering trucks and heavy mobile equipment attchnpt to cross our 1Lic at a private crossing, especially so in this case where we have maul line trackage, paralleled by mi additional passing track. Brush Creel, and Eagle River Co./Nottingham acknowledged receipt of our January 4, 1978 letter to the Eagle County Board of County Commissioners; however; they objected -to the estimated cost of installing a crossing, as proposed by our Railroad, as prohibitive. On-May 15, 1978, our Railroad wrote another letter to the Eagle Board of County_Co mmissioners which stated.in part_that it had cam to our attention the Brush Creek/Nottingham was moving heavy equipment across our right of way aL a private crossing where they had absolutely no authority to cross. They apparently unilaterally decided that they could breach part of the conditions set forth in a special use permit approved by Eagle County at a hearing Novenber 21, 1977, more specifically that "Proper right of way across Railroad must be secured". On July 10, 1978, the Eagle County Board of County Conmissioners temporarily suspended the special use permit mentioned in the innndiately preceeding paragraph; on July 17, 1978, the Eagle -Board suspended the Special Use Permit, their file Zs-45-77, for a gravel operation west of Town of Eagle. This action was taken by Eagle County because "Safety of the Railroad crossing was the primary concern of the Board". At a meeting on August 9, 1978, the Eagle Board of County Commissioncrs temporarily reinstated the Special Use Permit File No. Zs-45-77 for the Nottingham property, west of Eagle with the following conditions: 1) . Permit to be valid for the Akountain Mobile Mix concrete batching operation only. 2). Only concrete for the Interstate Highway construction (Kinney Contract) betzaeen Eagle and Gypsum is to be supplied. 3) . A. flagman controlling the crossing must be posted at the Railroad crossing during all operations. Admittedly., this letter is long�Jnnded, but we feel it is very important to stress to your.office the dangers and hazardous consequences that could result when slow,.heavily-laden lumbering trucks and heavy mobile equipment attempt to-cross our line at a private crossing, especially so .in this case where we have main line trackage, paralleled by an additional passing track. Based op. the aforementioned, The Denver and Rio Grande Western Railroad Company strongly seawmends that you do not grant the permit application by Nottingham Sand and Gravel Co, to conduct a sand and gravel operation at 11590 U. S. Highway 6, Eagle, Colorado, a location approximately _U- miles East of Gypsum, Colorado until the following conditions have been consmammated: