Here's the Latest on Cherry Tree Estates as of 12/18/20
The final site plan and civil drawings for Cherry Tree Estates seem to be complete and along with a drainage study and various technical documents are available to view on line.
The plans follow what was previously presented showing 7 congregate care buildings and 6 townhouse buildings, a clubhouse and shed with gated access from Quebec and E Colorado Ave. The clubhouse building is 2 stories while all other structures are one story. All have basements. The buildings have brick exteriors and asphalt roofs as previously presented. The landscape drawings show plantings behind all buildings facing our homes along the south fence line. A concrete drainage channel parallels our fence line and all drainage flows west to a detention pond south of the park connecting to existing drainage structures there now.
According to Melissa, the developers representative, the plans are expected to be approved this winter and the developer has financing to start utility work in the 1st quarter and actual buildings in the 2nd quarter of next year. Everything has taken longer than expected. It appears work on the project will commence, finally, after 14 years of discussion and work. Mr. VanMeter is currently involved in a law suit over the death of a resident in the other facility that he operates. So there is concern with the pandemic and this suit whether or not this will actually happen. It looks as though it will proceed as planned.
This information was provided by Dean Foreman with minor edits from Lance Wheeland. If you are interested in further information you can contact Dean directly.
Historical News on this project
Dean Foreman-Concha Resident--HOA meeting notes 2/4/17
About 30 residents of Concha attended the meeting today at the clubhouse to discuss activities on the Cherry Tree Estates site and to share information and discuss what can or should be done. Dean and Molly shared information learned from various sources about the ongoing operations. Other residents shared anecdotal evidence and individual stories with the group. Here is what we know:
Site clean-up and mitigation operations on the site started about a month ago following the construction of a curb cut on Quebec street (and at the south-east portion of the site on Colorado) (Construction of 2nd curb cut needs confirmation)
Work is permitted through CDPHE (Colorado Department of Public Health and Environment) - Fonda Apostopolous - 303-692-3411, and Tri-County Health Department - Warren Brown - 720-200-1568
Mr. Apostopoulos at CDPHE was contacted and indicated the site mitigation work is governed by a Material Management Plan. A copy of the plan needs to be obtained, if available, to see what work is outlined in the plan, expected length of operations, hours, and any governing regulations (Dean will follow-up). TCH regulations and/or State regulations appear to govern the work and establish limits. A copy of the state regulations are copied here. Other regulations need to be obtained/researched. Note, Apostopoulos told Dean on 2/3/17 he would talk to Mr. VanMeter about enclosing the generator and parking his equipment at other locations. Molly has made contact with both Mr. Apostopoulos and Mr. Brown
Earthmoving operations are ongoing 6 days a week commencing between 7:15 and 7:45 daily, including Saturdays. No report to end times was given. Residents were asked to note times and frequencies of truck traffic and document them if possible.
Various earthmoving equipment, including front-end loaders and backhoes, are parked along the north Concha property line (set back approximately 20 from the fence line) every day. A mobile building has been set up along with a generator and acetylene tanks adjacent to the mobile building with no screening or sound barriers.
Numerous large side loading dump trucks are being filled regularly (no attempt to estimate the number) at the site with soil being stockpiled and removed off site to an unknown location. Numerous dump trucks are driving through the local residential streets down Iowa, Trenton, Quebec Street, Quebec Way. (It was not known if other streets to the south east were being used)
Dean reported obtaining a phone app for sound level readings and has reported 4 readings between Jan 28th and Feb 4th with sound levels between 75 db to 78.4 db constant from the generator, rising intermittently from backhoe and truck filling and moving operations experienced at his property line.
Adjacent Concha neighbors noted intermittent objectionable smells emanating from the operations. Several complaints have been made to CDPHE (needs confirmation) regarding odors. (Molly). One neighbor (Penny Ware) complained of symptoms and health issues experienced since operations have begun.
Several neighbors complained about the number of large trucks driving down Iowa and Trenton. The frequency, truck size and sound levels were not established.
Actions to be taken were discussed:
Site clean-up and mitigation operations on the site started about a month ago following the construction of a curb cut on Quebec street (and at the south-east portion of the site on Colorado) (Construction of 2nd curb cut needs confirmation)
Work is permitted through CDPHE (Colorado Department of Public Health and Environment) - Fonda Apostopolous - 303-692-3411, and Tri-County Health Department - Warren Brown - 720-200-1568
Mr. Apostopoulos at CDPHE was contacted and indicated the site mitigation work is governed by a Material Management Plan. A copy of the plan needs to be obtained, if available, to see what work is outlined in the plan, expected length of operations, hours, and any governing regulations (Dean will follow-up). TCH regulations and/or State regulations appear to govern the work and establish limits. A copy of the state regulations are copied here. Other regulations need to be obtained/researched. Note, Apostopoulos told Dean on 2/3/17 he would talk to Mr. VanMeter about enclosing the generator and parking his equipment at other locations. Molly has made contact with both Mr. Apostopoulos and Mr. Brown
Earthmoving operations are ongoing 6 days a week commencing between 7:15 and 7:45 daily, including Saturdays. No report to end times was given. Residents were asked to note times and frequencies of truck traffic and document them if possible.
Various earthmoving equipment, including front-end loaders and backhoes, are parked along the north Concha property line (set back approximately 20 from the fence line) every day. A mobile building has been set up along with a generator and acetylene tanks adjacent to the mobile building with no screening or sound barriers.
Numerous large side loading dump trucks are being filled regularly (no attempt to estimate the number) at the site with soil being stockpiled and removed off site to an unknown location. Numerous dump trucks are driving through the local residential streets down Iowa, Trenton, Quebec Street, Quebec Way. (It was not known if other streets to the south east were being used)
Dean reported obtaining a phone app for sound level readings and has reported 4 readings between Jan 28th and Feb 4th with sound levels between 75 db to 78.4 db constant from the generator, rising intermittently from backhoe and truck filling and moving operations experienced at his property line.
Adjacent Concha neighbors noted intermittent objectionable smells emanating from the operations. Several complaints have been made to CDPHE (needs confirmation) regarding odors. (Molly). One neighbor (Penny Ware) complained of symptoms and health issues experienced since operations have begun.
Several neighbors complained about the number of large trucks driving down Iowa and Trenton. The frequency, truck size and sound levels were not established.
Actions to be taken were discussed:
- It was requested that all neighbors document photographically, with videos or other methods activities and that a drop box account be set up to keep a record of them. Bob Heller offered to help set up the drop box through M&M if its acceptable or through another account if not. An on-going file should be set up to gather individual accounts of issues and contacts
- Any anecdotal evidence of smells and noise should be documented, recorded and gathered for the file.
- Any actual evidence of, or anecdotal stories of health issues should be documented, recorded and gathered for the file
- Any past documents or history should be gathered for the file. (Ivo Roosfeld provided a historic fie)
- Any contact with CDPHE and/or TCH should be documented and added to the file
- All Concha residents should be informed of these efforts with access given to the drop box account and file and told how to send photos, videos and other records.
- Outreach to all surrounding HOA's should be made immediately, informed of our efforts, and provided with methods to access the drop box and file. The group recommended Danielle make contact with all surrounding HOA reps to inform them of the files/account and request outreach to neighbors.
- Get a copy of the Materials Management Plan to learn more about the operation and research what regulations the plan must conform to, in order know what rights we have and what complaints can be legitimately filed. (Noise, odors, hours of operation, health effects)
- A letter should be sent to Mr. VanMeter requesting a regular meeting. The group hoped to accomplish two things; one, to learn more about the ongoing operations, including what materials are being found and how they are being transported and when through our neighborhoods and any possible mitigation he may be open to; but also to establish ongoing communications. Copies should be sent to Arapahoe County. Dean offered to draft this letter for review.
- Outreach to Councilman Kashmann should be made to keep him informed of these issues and providing copies of any evidence gathered.
2-13-17 Dean's Correspondence with Mr. Fonda Apostolopoulos, P.E. Colorado Department of Public Health and Environment
Thanks very much for sending this Fonda. We spent some time reviewing the documents and watching operations and we have a couple comments and requests.
1. First we would like to suggest that the site be posted with some kind of signage that tells folks what’s going on. The south side fence along Cherry Creek is a walking path for many along the creek so it seems an opportunity to tell folks what the operation is – it’s a good thing its getting cleaned up so why not take the opportunity?
2. The Materials Management Plan (MMP) indicates the work will be done in phases. Is there a schedule so the neighbors could be informed of plans? How long is this work planned to take?
3. The MMP talks of what will happen if certain listed things are found. Is there a requirement that the public be informed of what is found and what is being done with it? Or is that private? Can we get regular reports of findings from the site? Some of our residents have complained of odors and others are claiming of feeling ill. We would like to know what is being discovered if possible.
4. Section 3.2 Transport and Disposal indicates there is a Traffic Plan. Can we get a copy of it? We are concerned that many of the trucks are using our side residential roads, like Iowa and Trenton. These are small neighborhood streets where children play regularly. It would seem that a traffic management plans would specifically avoid these small streets. In fact we have seen lots of trucks – full and empty – going down these streets. Does the plan show these roads being used? If not we would ask that they stop using them immediately.
5. Section 3.3 Backfill. The MMP discusses stockpiling fill. A large pile of fill is adjacent to my fence and my neighbors fence. Are there limits to the content of the pile and its height? Just wondering what happens if the wind blows the dirt and debris, if there is a requirement to keep it covered or moistened to avoid it carrying into yards? Nothing covers it now and it has not been watered to our knowledge.
6. Section 3.5 Work Schedule. The MMP indicates “The excavation contractor will take care to limit potential disturbance of these neighbors.” Placing the heavy equipment, temporary buildings, materials and generator immediately adjacent to the Concha properties, when there is so much other perimeter of the site without immediate homes adjacent does not seem to us to follow this stipulation. While we appreciate the direction to have them enclose the generator we note this still has not been completed – started – but not enclosed.
7. Section 3.6 Health and Safety/5.0 Fugitive Dust Emissions. This section indicates the air quality in the breathing and work zone will be periodically monitored by the EP for VOC’s, and that a separate Health and Safety Plan (HASP) will be prepared. Can we get a copy of the HASP please? We note in Section 7 that Bio-scent product may be added to dust suppression water spray. Is this in fact happening and how frequently is spraying to occur in windy conditions? (this weekend was windy) We have not seen any evidence of portable litter fences referred to in section 6.0
8. 3.7 Security. This section states “It is intended that the perimeter of the site will be fenced with temporary barriers”. This is not the case. In fact only about 1/3 of the perimeter of the site is fenced by this contractor, and even the section of fencing along the creek is not secured, leaving much of the site open to whoever walks by. The entire east and north sides of the site have no fencing except for that of the existing projects. This means the site is secured by others. What would happen if these fences were to fall? Or if someone accesses this site from one of our properties? The fencing does not close off the site at the meetings of the two adjacent properties
9. Section 4.0 Asbestos Soils and Materials Management. Much of the report discusses what happens if asbestos if found. Has any been found, if so in what form and quantities? This is a major concern for our residents so we would like to know if we have reason to be concerned. Fonda, we appreciate your willingness to respond to our questions and hope that we can be provided with the additional information requested. I have copied our HOA president and our City Councilman to keep him informed of our concerns as well.
Dean Foreman
2-14-17 Mr. Fonda Apostolopoulos's response to Dean's Questions above
Dean. Here's the response to some of your questions:
1. First we would like to suggest that the site be posted with some kind of signage that tells folks what’s going on. The south side fence along Cherry Creek is a walking path for many along the creek so it seems an opportunity to tell folks what the operation is – it’s a good thing its getting cleaned up so why not take the opportunity?
I can ask the owner to place a posting, but I can't demand him to place a posting or sign at the site.
2. The Materials Management Plan (MMP) indicates the work will be done in phases. Is there a schedule so the neighbors could be informed of plans? How long is this work planned to take?
The work will be performed based upon the grid which was provided in the application. Although test pits were excavated to get a better idea of how much and where all the waste is, they are proceeding in a methodical approach based upon the conditions at the site. The remainder of the trash will take two to three weeks to be completed. After that they will continue to screen their clean overburden soil and back-fill and compact the excavated areas.
3. The MMP talks of what will happen if certain listed things are found. Is there a requirement that the public be informed of what is found and what is being done with it? Or is that private?
Right now the only things they have encountered is landscaping debris, construction waste and a very small amount of shingles and floor tile (three or four pieces). We request that they provide a MMP for anything possible, so we can evaluate their plan of disposal and documentation.
Can we get regular reports of findings from the site? Some of our residents have complained of odors and others are claiming of feeling ill. We would like to know what is being discovered if possible.
If there are people who are feeling ill, due to the odors which may be coming from the site, they can call Allie Bamber at 303-691-4037.
4. Section 3.2 Transport and Disposal indicates there is a Traffic Plan. Can we get a copy of it? We are concerned that many of the trucks are using our side residential roads, like Iowa and Trenton. These are small neighborhood streets where children play regularly. It would seem that a traffic management plans would specifically avoid these small streets. In fact we have seen lots of trucks – full and empty – going down these streets. Does the plan show these roads being used? If not we would ask that they stop using them immediately.
It is my understanding that due to the size and nature of the trucks being used, they are allowed to use the public streets so they can get access to their property. My understanding is that almost all the dump trucks are using E. Iowa St. to S. Trenton St. to E. Colorado Ave. and exiting off the site on to Quebec St. The dump trucks have to follow and obey all the city traffic laws. If any resident has a concern about any of the trucks, I suggest they call the police department to have them enforce the traffic laws.
5. Section 3.3 Backfill. The MMP discusses stockpiling fill. A large pile of fill is adjacent to my fence and my neighbors fence. Are there limits to the content of the pile and its height? Just wondering what happens if the wind blows the dirt and debris, if there is a requirement to keep it covered or moistened to avoid it carrying into yards? Nothing covers it now and it has not been watered to our knowledge.
Stockpiled soils have to be maintained in manner to minimize dust from blowing off-site. It's my understanding that these piles will be screened in the next weeks and used as back-fill on site.
6. Section 3.5 Work Schedule. The MMP indicates “The excavation contractor will take care to limit potential disturbance of these neighbors.” Placing the heavy equipment, temporary buildings, materials and generator immediately adjacent to the Concha properties, when there is so much other perimeter of the site without immediate homes adjacent does not seem to us to follow this stipulation. While we appreciate the direction to have them enclose the generator we note this still has not been completed – started – but not enclosed.
Noted. This is an area where I have no jurisdiction in these matters. Placement of these buildings and equipment are the discretion of the owners and county rules. You will have to contact Arapahoe County to find someone who has jurisdiction regarding this matter.
7. Section 3.6 Health and Safety/5.0 Fugitive Dust Emissions. This section indicates the air quality in the breathing and work zone will be periodically monitored by the EP for VOC’s, and that a separate Health and Safety Plan (HASP) will be prepared. Can we get a copy of the HASP please?
I have requested a copy of the HASP which I will forward to you.
We note in Section 7 that Bio-scent product may be added to dust suppression water spray. Is this in fact happening and how frequently is spraying to occur in windy conditions? (this weekend was windy) We have not seen any evidence of portable litter fences referred to in section 6.0
The portable litter fences are to be used in the event there is trash blowing around the site coming from the excavation. Based upon my numerous visits to the site, blowing trash from the excavations has not been a problem. I did find some Walmart bags blowing around the other day, but Walmart was not around during the era of this landfill and could not have come from the excavation area.
8. 3.7 Security. This section states “It is intended that the perimeter of the site will be fenced with temporary barriers”. This is not the case. In fact only about 1/3 of the perimeter of the site is fenced by this contractor, and even the section of fencing along the creek is not secured, leaving much of the site open to whoever walks by. The entire east and north sides of the site have no fencing except for that of the existing projects. This means the site is secured by others. What would happen if these fences were to fall? Or if someone accesses this site from one of our properties? The fencing does not close off the site at the meetings of the two adjacent properties
I have requested that the site be maintained and a daily inspection of the fencing be part of their everyday activities.
9. Section 4.0 Asbestos Soils and Materials Management. Much of the report discusses what happens if asbestos if found. Has any been found, if so in what form and quantities? This is a major concern for our residents so we would like to know if we have reason to be concerned.
The excavation is being observed by a Certified Asbestos Building Inspector (CABI), who watches virtually every bucket of waste being loaded off-site. To my knowledge, only a few floor tiles and roof shingles have been found and disposed of appropriately. Also, no friable asbestos has been found.
1. First we would like to suggest that the site be posted with some kind of signage that tells folks what’s going on. The south side fence along Cherry Creek is a walking path for many along the creek so it seems an opportunity to tell folks what the operation is – it’s a good thing its getting cleaned up so why not take the opportunity?
I can ask the owner to place a posting, but I can't demand him to place a posting or sign at the site.
2. The Materials Management Plan (MMP) indicates the work will be done in phases. Is there a schedule so the neighbors could be informed of plans? How long is this work planned to take?
The work will be performed based upon the grid which was provided in the application. Although test pits were excavated to get a better idea of how much and where all the waste is, they are proceeding in a methodical approach based upon the conditions at the site. The remainder of the trash will take two to three weeks to be completed. After that they will continue to screen their clean overburden soil and back-fill and compact the excavated areas.
3. The MMP talks of what will happen if certain listed things are found. Is there a requirement that the public be informed of what is found and what is being done with it? Or is that private?
Right now the only things they have encountered is landscaping debris, construction waste and a very small amount of shingles and floor tile (three or four pieces). We request that they provide a MMP for anything possible, so we can evaluate their plan of disposal and documentation.
Can we get regular reports of findings from the site? Some of our residents have complained of odors and others are claiming of feeling ill. We would like to know what is being discovered if possible.
If there are people who are feeling ill, due to the odors which may be coming from the site, they can call Allie Bamber at 303-691-4037.
4. Section 3.2 Transport and Disposal indicates there is a Traffic Plan. Can we get a copy of it? We are concerned that many of the trucks are using our side residential roads, like Iowa and Trenton. These are small neighborhood streets where children play regularly. It would seem that a traffic management plans would specifically avoid these small streets. In fact we have seen lots of trucks – full and empty – going down these streets. Does the plan show these roads being used? If not we would ask that they stop using them immediately.
It is my understanding that due to the size and nature of the trucks being used, they are allowed to use the public streets so they can get access to their property. My understanding is that almost all the dump trucks are using E. Iowa St. to S. Trenton St. to E. Colorado Ave. and exiting off the site on to Quebec St. The dump trucks have to follow and obey all the city traffic laws. If any resident has a concern about any of the trucks, I suggest they call the police department to have them enforce the traffic laws.
5. Section 3.3 Backfill. The MMP discusses stockpiling fill. A large pile of fill is adjacent to my fence and my neighbors fence. Are there limits to the content of the pile and its height? Just wondering what happens if the wind blows the dirt and debris, if there is a requirement to keep it covered or moistened to avoid it carrying into yards? Nothing covers it now and it has not been watered to our knowledge.
Stockpiled soils have to be maintained in manner to minimize dust from blowing off-site. It's my understanding that these piles will be screened in the next weeks and used as back-fill on site.
6. Section 3.5 Work Schedule. The MMP indicates “The excavation contractor will take care to limit potential disturbance of these neighbors.” Placing the heavy equipment, temporary buildings, materials and generator immediately adjacent to the Concha properties, when there is so much other perimeter of the site without immediate homes adjacent does not seem to us to follow this stipulation. While we appreciate the direction to have them enclose the generator we note this still has not been completed – started – but not enclosed.
Noted. This is an area where I have no jurisdiction in these matters. Placement of these buildings and equipment are the discretion of the owners and county rules. You will have to contact Arapahoe County to find someone who has jurisdiction regarding this matter.
7. Section 3.6 Health and Safety/5.0 Fugitive Dust Emissions. This section indicates the air quality in the breathing and work zone will be periodically monitored by the EP for VOC’s, and that a separate Health and Safety Plan (HASP) will be prepared. Can we get a copy of the HASP please?
I have requested a copy of the HASP which I will forward to you.
We note in Section 7 that Bio-scent product may be added to dust suppression water spray. Is this in fact happening and how frequently is spraying to occur in windy conditions? (this weekend was windy) We have not seen any evidence of portable litter fences referred to in section 6.0
The portable litter fences are to be used in the event there is trash blowing around the site coming from the excavation. Based upon my numerous visits to the site, blowing trash from the excavations has not been a problem. I did find some Walmart bags blowing around the other day, but Walmart was not around during the era of this landfill and could not have come from the excavation area.
8. 3.7 Security. This section states “It is intended that the perimeter of the site will be fenced with temporary barriers”. This is not the case. In fact only about 1/3 of the perimeter of the site is fenced by this contractor, and even the section of fencing along the creek is not secured, leaving much of the site open to whoever walks by. The entire east and north sides of the site have no fencing except for that of the existing projects. This means the site is secured by others. What would happen if these fences were to fall? Or if someone accesses this site from one of our properties? The fencing does not close off the site at the meetings of the two adjacent properties
I have requested that the site be maintained and a daily inspection of the fencing be part of their everyday activities.
9. Section 4.0 Asbestos Soils and Materials Management. Much of the report discusses what happens if asbestos if found. Has any been found, if so in what form and quantities? This is a major concern for our residents so we would like to know if we have reason to be concerned.
The excavation is being observed by a Certified Asbestos Building Inspector (CABI), who watches virtually every bucket of waste being loaded off-site. To my knowledge, only a few floor tiles and roof shingles have been found and disposed of appropriately. Also, no friable asbestos has been found.
2-14-17 Dean's Correspondence re Traffic Plan for remediation at Cherry Tree Estates Property
Tuesday, February 14, 2017
From Brent Fahrberger
Aide to Councilman Kashmann, District 6 Denver City
To: Dean Foreman
Subject: Traffic Plan re remediation at Cherry Tree Estates Property
Our ROW Inspector Dave Moore has been present at the site to make sure trucks are going slow on a fairly regular basis. After double checking, there is no code about trucks being prohibited from entering neighborhood streets.
Dean’s Response:
Thanks for getting this to us Brent. I thought this plan would stipulate which streets the large trucks were to use but I see that it does not. So, it seems they are free to use any street, and you indicate there is no code that would stop it. Considering the children in the neighborhoods it seems unwise and short sighted not to have directed the trucks down Florida, which is a much different street without direct curb cuts to individual homes. Just from a safety standpoint I’m surprised and disappointed that neighbors don’t have a say.
Thanks for your help Brent
From Brent Fahrberger
Aide to Councilman Kashmann, District 6 Denver City
To: Dean Foreman
Subject: Traffic Plan re remediation at Cherry Tree Estates Property
Our ROW Inspector Dave Moore has been present at the site to make sure trucks are going slow on a fairly regular basis. After double checking, there is no code about trucks being prohibited from entering neighborhood streets.
Dean’s Response:
Thanks for getting this to us Brent. I thought this plan would stipulate which streets the large trucks were to use but I see that it does not. So, it seems they are free to use any street, and you indicate there is no code that would stop it. Considering the children in the neighborhoods it seems unwise and short sighted not to have directed the trucks down Florida, which is a much different street without direct curb cuts to individual homes. Just from a safety standpoint I’m surprised and disappointed that neighbors don’t have a say.
Thanks for your help Brent
2-23-17 Correspondence to Mr. Fonda Apostolopoulos, P.E. at Colorado Department of Public Health and Environment from Granville West
On Thu, Feb 23, 2017 at 10:37 AM, Lisa Zimermann <[email protected]> of Granville West wrote:
Fonda, Look I get it and have lived in one of the most developed ski resorts in the world - Vail! His development is peanuts.
Granville West has endured 30 years of his cottonwood trees and there roots and I am assuming along with the new fence he will also be digging up all his root coverage that has uprooted our grass and backyards.Once a landscapers dream now a nightmare of tripping over his cottonwood tree roots!
I would expect he will re- sod the area all along the fence line.
Comcast's line are not on his property but ours, I spoke the General Manager.
This ordeal is not over and if you think we are settling for just a fence and you not repairing outback yards from you trees well the we have some negotiations to take place. Were not going to be left with a bunch of dead roots.
If you think Granville West is a pain you better get ready for Conchos homeowners. A landfill is a landfill and you can smoke and mirror it all you want.
I will be in touch with Comcast again as your story is incorrect.
Talk you soon
Fonda, Look I get it and have lived in one of the most developed ski resorts in the world - Vail! His development is peanuts.
Granville West has endured 30 years of his cottonwood trees and there roots and I am assuming along with the new fence he will also be digging up all his root coverage that has uprooted our grass and backyards.Once a landscapers dream now a nightmare of tripping over his cottonwood tree roots!
I would expect he will re- sod the area all along the fence line.
Comcast's line are not on his property but ours, I spoke the General Manager.
This ordeal is not over and if you think we are settling for just a fence and you not repairing outback yards from you trees well the we have some negotiations to take place. Were not going to be left with a bunch of dead roots.
If you think Granville West is a pain you better get ready for Conchos homeowners. A landfill is a landfill and you can smoke and mirror it all you want.
I will be in touch with Comcast again as your story is incorrect.
Talk you soon
2-23-17 Correspondence to and from Mr. Fonda Apostolopoulos, P.E. at Colorado Department of Public Health and Environment
Feb 23 at 11:36 AM
From Dean Foreman To Apostolopoulos - CDPHE, Fonda
Thanks Fonda for including me on this correspondence and thanks for your continued help with neighbors questions and concerns. We note the generator has been fully enclosed, his site apparently secured and note the trucks are going down Florida as opposed to Iowa which we believe is a safer situation for children. We are also gratified to hear his operations are proceeding quicker that planned.
While there are specific instances of concerns expressed by neighbors, our community in general is grateful the site is being cleaned and appreciate the cost and effort involved. It is a dump site so everyone we have been in contact with understands it is an unpleasant situation during the cleanup phase. That being said we understand his efforts are nearing completion and would ask that once complete the developer move his heavy equipment away from our homes to areas of the site which are less impactful. These are large backhoes and earthmoving equipment which are in direct view of our homes primary windows and create sound issues when starting up and being moved. Such a move would be a very positive development and would reflect well on his intentions, increasing the level of trust and cooperation which the neighbors have expressed the desire to have as he enters the next phase, his FDP plans for the site and construction.
Any help you can be in expressing this request to him would be greatly appreciated. Thanks again Fonda
Dean Foreman 1625 S Syracuse st 303-859-0090
From: Apostolopoulos - CDPHE, Fonda [mailto:[email protected]]
Sent: Thursday, February 23, 2017 9:58 AM
To: Lisa Zimermann; Smith, Warren; Dean Foreman; [email protected]; Paul Stone; Timothy
Subject: Re: : URGENT 3 of 3
Ms. Zimmermann.
Again, I realize having a large landfill being cleaned up in ones back yard is not the most pleasant experience. The good news is that over 90% of the trash has been removed and they are in the process of chasing small shallow areas of trash. This is a redevelopment site and some amount of inconvenience is not unexpected or out of the ordinary.
The trees in questions are not being removed due to the cleanup of the property. The owner of the property is removing his trees because they are in the way of his redevelopment. I understand that having trees on the South and West side of your property provide great relief from the sun here in Colorado, however the trees are on his property and he can do with them as he pleases. I wouldn't like it either, but it's his property and he has the right to cut the trees down.
As far as the Comcast line which was cut, the people who mark properties for utilities did not flag his property for underground utilities. Comcast admitted that the lines were inadvertently placed on his property and not surveyed as such. As far as who will pay to replace the line, Mr. VanMeter has told me that he would pay to have the lines reburied if Comcast felt it was his responsibility.
Your concerns for methane are unwarranted. Once the trash has been removed, the source of methane production will be gone. The active methane vents were there because of the trash. Once the trash is gone, the methane vents will no longer be needed and will be removed as part of the redevelopment.
Please be patient. I understand that you and your neighbors are losing a great open space area you have all enjoyed. It was a source for walking your pets, viewing wildlife, and having a buffer from roads and other development.
Like many places in the Denver Metro area, these open spaces have become ripe for development. With the influx of people into our beautiful state and the needs for housing and other amenities, these private open spaces will all be but a memory of what Denver once was. Be thankful you had it for the time you did, as your community was fortunate to enjoy it for what it was.
Fonda
From Dean Foreman To Apostolopoulos - CDPHE, Fonda
Thanks Fonda for including me on this correspondence and thanks for your continued help with neighbors questions and concerns. We note the generator has been fully enclosed, his site apparently secured and note the trucks are going down Florida as opposed to Iowa which we believe is a safer situation for children. We are also gratified to hear his operations are proceeding quicker that planned.
While there are specific instances of concerns expressed by neighbors, our community in general is grateful the site is being cleaned and appreciate the cost and effort involved. It is a dump site so everyone we have been in contact with understands it is an unpleasant situation during the cleanup phase. That being said we understand his efforts are nearing completion and would ask that once complete the developer move his heavy equipment away from our homes to areas of the site which are less impactful. These are large backhoes and earthmoving equipment which are in direct view of our homes primary windows and create sound issues when starting up and being moved. Such a move would be a very positive development and would reflect well on his intentions, increasing the level of trust and cooperation which the neighbors have expressed the desire to have as he enters the next phase, his FDP plans for the site and construction.
Any help you can be in expressing this request to him would be greatly appreciated. Thanks again Fonda
Dean Foreman 1625 S Syracuse st 303-859-0090
From: Apostolopoulos - CDPHE, Fonda [mailto:[email protected]]
Sent: Thursday, February 23, 2017 9:58 AM
To: Lisa Zimermann; Smith, Warren; Dean Foreman; [email protected]; Paul Stone; Timothy
Subject: Re: : URGENT 3 of 3
Ms. Zimmermann.
Again, I realize having a large landfill being cleaned up in ones back yard is not the most pleasant experience. The good news is that over 90% of the trash has been removed and they are in the process of chasing small shallow areas of trash. This is a redevelopment site and some amount of inconvenience is not unexpected or out of the ordinary.
The trees in questions are not being removed due to the cleanup of the property. The owner of the property is removing his trees because they are in the way of his redevelopment. I understand that having trees on the South and West side of your property provide great relief from the sun here in Colorado, however the trees are on his property and he can do with them as he pleases. I wouldn't like it either, but it's his property and he has the right to cut the trees down.
As far as the Comcast line which was cut, the people who mark properties for utilities did not flag his property for underground utilities. Comcast admitted that the lines were inadvertently placed on his property and not surveyed as such. As far as who will pay to replace the line, Mr. VanMeter has told me that he would pay to have the lines reburied if Comcast felt it was his responsibility.
Your concerns for methane are unwarranted. Once the trash has been removed, the source of methane production will be gone. The active methane vents were there because of the trash. Once the trash is gone, the methane vents will no longer be needed and will be removed as part of the redevelopment.
Please be patient. I understand that you and your neighbors are losing a great open space area you have all enjoyed. It was a source for walking your pets, viewing wildlife, and having a buffer from roads and other development.
Like many places in the Denver Metro area, these open spaces have become ripe for development. With the influx of people into our beautiful state and the needs for housing and other amenities, these private open spaces will all be but a memory of what Denver once was. Be thankful you had it for the time you did, as your community was fortunate to enjoy it for what it was.
Fonda