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Home My WebLink About20120072.tiff RESOLUTION RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW PERMIT#1696 - MANUEL AND ANITA BALDERAS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on July 22, 2009, the Board approved the application of Manuel and Anita Balderas, 2732 County Road 27, Fort Lupton, Colorado 80621,for a Site Specific Development Plan and Use by Special Review Permit#1696 for a Use Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial and Industrial Zone Districts (auto sales, salvage, services, and repair) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption #2012; being part of the E1/2 NE1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services notified the applicant of outstanding Conditions of Approval and items to be completed prior to recording the plat, by letters dated July 28, September 20, and October 11, 2011, and WHEREAS,on the 5th day of December, 2011, an Initial Hearing was held before the Board to consider granting additional time to meet all of the conditions/requirements of approval and record the plat, or set a Final Determination Hearing to Rescind approval of Use by Special Review Permit#1696 and Deny the application, and WHEREAS, at said hearing, Manuel and Anita Balderas were not present, and WHEREAS,after hearing all testimony presented,the Board deemed it advisable to continue the matter to January 9, 2012, at 9:00 a.m., to allow the applicants additional time to meet all of the conditions/requirements of approval and record the plat, and WHEREAS, on January 9, 2012, Manual Balderas was present, and after hearing all testimony presented, the Board deemed it advisable to grant additional time to meet all of the conditions/requirements of approval and record the plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the applicant has demonstrated a willingness and ability to complete the process and the hearing be, and hereby is, dismissed and the matter is referred back to the Department of Planning Services to continue working with the applicant to complete and process the requirements to record the plat. PL , 2012-0072 a a-la PL1692 INITIAL HEARING CONCERNING RESCINDING USR#1696-MANUEL AND ANITA BALDERAS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P. Co - =y Chair Weld County Clerk to the Board �J 4011 71% • � V ' ' 4j N.: ''':m •. Garcia, Pro-Tem Deputy Cle to the Boarc 4 ,;-,„��■ . � 1 , ` —ra Kirkmey .u: V ♦ 0,e,David E. Long o my •ttorney bw y /25 -te q wta Doug$s Radema$ier Date of signature: I 3 -I 2012-0072 PL1692 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 W E L D___—C O U N T Y mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (9(970) 304-6498 October 11, 2011 Manuel and Anita Balderas 7853 Hwy 85 Fort Lupton, CO 80621 Subject: 3rd Letter- Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1696. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received two other letters from me in July 2011 and September 2011 concerning the same topic. On July 22, 2009 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty(30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 5, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 5, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1696 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services,Attn: Michelle Martin, 1555 N 179'Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Since��-'�k V Michelle Martin Planner III 2012-0072 PL/1Pqa- October 11, 2011 Department of Planning Services Attn: Michelle Martin 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1696) Dear Mrs. Martin, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date • • U.S. Postal ServiceTM o CERTIFIED MAIL. RECEIPT njjt (• Domestic Mall Only;No Insurance Coverage Provided) rll For delivery information visit our website at www.usps.colnv n- i o , r•- Postage $ 9CJ,cVV I it Certified Fee Postmark qtr[) El Return ReceiptRequiree) Here (Endorsement Required) O Restricted Delivery Fee O- (Endorsement Required) co n-I Total Postage&Fees $ El Sent To o cil/t'ftci r- Street,Ap. o., or PO Box No. City,State,ZIP+4 PS Form 3800 June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. SIg re _ Item 4 h Restricted Delivery Is desired. Agent • Print your name and address on the reverse XX I Q ednt ae st that ise can to rn thethe ba oftoh you. p /1/1�Ned by( Ie) f C. Date of'of 19/I I • Attach this card to the back of the mail lace, g or on the front h space 1. Article Addressed to: RE del from item O Yes ,enter delivery address below:'? O No nu a *Anil; &Weird oo212011 7$. 3 Y1wy 8S = artmgnt _ Nelf C°11 ' OF r ICk y,� 3. Service Type f Z h Icy JoAi ( 0 e tWeerarled Mall O Express Mall `� Q �/ ❑Registered O Return Receipt for Merchandise e! O Insured Mail ❑C.O.D. 4. Restricted DelFvety7(Extra Fee) ❑Yes 2. Article Number (Dander from serviceiabe0 7004 2890 0003 5709 2240 PS Form 3811,February 2004 Domestic Return Receipt 102595O2M-1540 Michelle Martin From: Michelle Martin Sent: Thursday, September 22, 2011 1:16 PM To: 'anita@mbtowing.com' Subject: FW: Your voicemail on closing old cases Attachments: image001.png; image004.png Hi Anita, Below are the comment from CDOT regarding the access. It appears the access meets their requirements. Let me know if you have any questions. Michelle Martin Planner III 1555 N 17th Ave Greeley,CO 80631 mmartinPco.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 JOil VIE,u`D_ c r) .i N-, 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: Bilobran, Timothy f mailto:Timothv.Bilobran@DOT.STATE.CO.US1 Sent: Thursday, September 22, 2011 12:27 PM To: Michelle Martin Subject: RE: Your voicemail on closing old cases Good afternoon Michelle, Our inspector has visited Mr. Balderas' access and found that it is in compliance. She will be writing him an acceptance letter in the next few days, so it seems safe for the county to close that file. Thanks, Tim 970-350-2163 From: Michelle Martin fmailto:mmartin@co.weld.co.usl Sent: Wednesday, September 21, 2011 7:48 AM To: Bilobran, Timothy Subject: FW: Your voicemail on closing old cases Hi Tim, Have you had the opportunity to review Mr. Balderas access onto Hwy 85? If so did it meet the requirements of CDOT? Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 A1I 1011 gyp' C C) I 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: Bilobran, Timothy Jmailto:Timothy.Bilobran(uiDOT.STATE.CO.USJ Sent: Thursday, September 08, 2011 10:17 AM To: Michelle Martin Subject: Your voicemail on closing old cases Michelle, I checked our files regarding Mr. Balderas on Highway 85. We wrote him a new access permit in 2009 to once again modify his driveway. However, it appears we never conducted final inspection so I do not know if he actually performed the work. I've asked our inspector to perform the required final inspection. Once she does, I will let you know CDOT's official position. FYI, I will be out of the office until next Tuesday so that will be the earliest you'll hear back from me. Thanks, Tim Tim Bilobran CDOT Region 4 Permits Unit & Outdoor Advertising Office Phone - (970) 350-2163 Cell Phone—(970) 302-4022 Fax— (970) 350-2207 2 Michelle Martin From: Bilobran, Timothy [Timothy.Bilobran@DOT.STATE.CO.US] Sent: Thursday, September 08, 2011 10:17 AM To: Michelle Martin Subject: Your voicemail on closing old cases Michelle, I checked our files regarding Mr. Balderas on Highway 85.We wrote him a new access permit in 2009 to once again modify his driveway. However,it appears we never conducted final inspection so I do not know if he actually performed the work. I've asked our inspector to perform the required final inspection. Once she does, I will let you know CDOT's official position. FYI, I will be out of the office until next Tuesday so that will be the earliest you'll hear back from me. Thanks, Tim Tim Bilobran CDOT Region 4 Permits Unit&Outdoor Advertising Office Phone-(970)350-2163 Cell Phone—(970) 302-4022 Fax—(970)350-2207 1420 2"°Street Greeley,CO 80631 1 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELD COUNTY Greeley, CO 80631 mmartin@co.weld.co.us u0 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 September 20, 2011 Manuel and Anita Balderas 7853 Hwy 85 Fort Lupton, CO 80621 Subject: 2nd Letter- Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1696. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received another letter from me in July concerning the same topic. On July 22, 2009 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by December 5, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on December 5, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-1696 and deny the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services,Attn: Michelle Martin, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, Michelle Martin Planner III September 20, 2011 Department of Planning Services Attn: Michelle Martin 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1696) Dear Mrs. Martin, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date U.S. Postal Service CERTIFIED MAIL, RECEIPT 0o (Domestic Mail Only;No Insurance Coverage Provided) O F•r•slivery inf•rmati•n visit ur we•site al www.us•s.c•ma rn r Postage $ q Ito I I M1 S CenNietl Fee � Postmark O Return Receipt Fee Here O (Endorsement ntR Required) Restricted(Endorsement Delivery Required) (Endrst Dt Regwre e r� Total Postage&Fees $rR Sent To et 6gIp� n> Street,Apt.No.; N or PO Box No. City,State,ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,end 3.Also complete A.7 ra � /J�� Item 4 If Restricted Delivery Is desired. X1 42YftJ/�t� ❑Agent • Print your name and address on the reverse �'hh��W// Addressee so that we can return the card to you. B. R ved pv(Pn erne) C.yate f Delivery • Attach this card to the back of the mailpiece, 74-15A � C.�_�6_ or on the front If space permits.. • it �I 1? ❑Yes 1. Article Addressed to: D. nett w: ❑No MGnvc' GlJ AI �`' ggIch'"s SEP 2 8 2011 1 7g s3 -bs Weld County Planning Department foc 1 Lop to N (0e a Mail CI Express Mail Registered ❑Return Receipt for Merchandise Q 2 ' ❑Insured Mail ❑C.O.D. m�Yl 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1870 0000 4773 7000 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1500 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave W E L l� ,COUNTY Greeley, CO 80631 t ' mmartin@co.weld.co.us 3540 u PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 July 28, 2011 Manuel and Anita Balderas 7853 Hwy 85 Fort Lupton, CO 80621 Re: Conditions of Approval; Use by Special Review USR-1696 Dear Applicant: On July 22, 2009 your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. One of the required Conditions of Approval in the resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Use by Special Review within the next 60 days or withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Michelle Martin, 1555 N 17'h Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. • Michelle Martin Planner Ill pc: case file • July 28, 2011 Department of Planning Services Attn: Michelle Martin 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1696) Dear Mrs. Martin, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date • • U.S. Postal Service n, CERTIFIED MAIL, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) co F•r•elivery lnf rmati nvisit•ur we•site at www.us•sc•me r4 rl Postage $ Lrl CI Certified Fee - C Return Receipt Fee Postmark O (Endorsement Required) Here O Restricted Delivery Fee - 0 (Endorsement Required) �rl Total Postage&Fees O Sent To 'cifd`!1 ttcu p Street,Apt No, C` or PO Sox No. City,State,ZIP+4 PS Form 3800.August 2006 See Reverse for Instructions Chris Gathman From: Richard Hastings Sent: Friday, October 09, 2009 1:09 PM To: anita@mbtowing.com Cc: Chris Gathman; David Bauer; Don Dunker; Donald Carroll; Clayton D. Kimmi; Heidi Hansen; Stephanie Arries Subject: Balderas (USR-1696) Improvements Agreement Attachments: Exhibits A&B-Combined-PDF.pdf Anita (Balderas), As per your request, during our phone conversation today(10-9-09), I am attaching the set of Exhibits you requested. I also left a message with Chris Gathman/Weld County Planning Services related to your concern about the language on page 1, 4th WHEREAS, of your agreement which states; "... Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and". I explained to Chris that you and your husband wanted to continue to be able to store in the garages the vehicles involved in fatal accidents, during the construction phase and before all of the improvements have been completed. I requested that Chris respond to you about whether or not you can continue to store the vehicles we spoke about. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. 1111 H Street (Site Address) P.O. Box 758 (Mailing Address) Greeley, CO 80632-0758 Office: (970) 304-6496 EXT. 3727 Cell: (970) 381-3767 rhastings(nlco.weld.co.us 1 • • Chris Gathman From: Chris Gathman Sent: Thursday, October 08, 2009 9:24 AM To: 'freese_engineering@yahoo.com'; 'anita@mbtowing.com' Subject: FW: Balderas (USR-1696) IA(ON-SITE ONLY)-Final/changes to plat for USR-1696 Attachments: Balderas (USR-1696) Improvements Agreement(ON-SITE ONLY) (9-29-09)Final.pdf Manuel and Anita, Attached is the draft improvements agreement for your USR. Please review and sign and provide collateral to the Department of Planning Services to the attention of either myself or Kim Ogle. If you have any questions about of the language in the agreement you can contact Rich Hastings at (970) 304-6496 ext. 3727. You will need to submit the mylar and collateral prior to or along with the submittal of your USR plat. Jay or Mark, Planning Services and Public Works have reviewed the draft plat and have the following corrections: * Make landscaping and topo. Lines more gray scale to make the drawing easier to read. Also hatch existing easements (in gray scale). Upon making those corrections this is ready for mylar. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Please find attached, the above-mentioned document. It can now be sent to the applicants. Thanks, 1 • Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, July 30, 2009 1:55 PM To: 'anita@mbtowing.com' Cc: Lauren Light Subject: FW: [Fwd: Waste Management Plan] usr-1696 Anita, It looks like Lauren with the Health Department needs to know who will be taking the batteries and the paint. Thanks I cc'd her on this email also Jacqueline Original Message From: Lauren Light Sent: Thursday, July 30, 2009 1:11 PM To: Jacqueline Hatch Subject: RE: [Fwd: Waste Management Plan] usr-1696 I just need to know who will be taking the batteries and paint. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) Original Message From: Jacqueline Hatch Sent: Thursday, July 30, 2009 12:57 PM To: Lauren Light Subject: FW: [Fwd: Waste Management Plan] usr-1696 Original Message From: Jacqueline Hatch Sent: Tuesday, July 21, 2009 12:30 PM To: Lauren Light Subject: FW: [Fwd: Waste Management Plan] Original Message From: anita@mbtowing.com [mailto:anita@mbtowing.com] Sent: Tuesday, July 21, 2009 11:42 AM To: Jacqueline Hatch Subject: [Fwd: Waste Management Plan] Original Message Subject: Waste Management Plan From: "JR" <jr@mbtowing.com> Date: Mon, July 6, 2009 7:09 pm To: anita@mbtowing.com MB Auto Sales & Salvage Waste Management Plan 1 The following information is a detailed plan on how our facility will manage waste produced by wrecked and salvaged vehicles. Our goal is to operate an environmentally friendly business based on reusing, reselling and recycling. Wrecked & Salvage Vehicles: Our objective is to drain and collect all fluids from incoming vehicles as soon as possible, including fluids from the engine, fuel tank, transmission and radiators. If we are unable to drain fluids from an incoming vehicle immediately, it will be inspected for leaks. Our first priority will be given to vehicles received that are leaking fluids. Although it has been our experienced that wrecked vehicles often leak most of their fluids at the accident scene, the following is an explanation on how these situations will be handled. Vehicles received that are leaking fluids will be placed on a concrete slab in order not to contaminate the ground. Drain pans will be placed under vehicles to catch leaking fluids. Fluids will then be placed in specified containers. After all leaking fluids have been completely drained or stopped, the vehicle will either be moved into the police impound yard or the salvage yard. No further draining/recovery procedures will be taken on impounded vehicles. Salvage vehicles received that are not leaking fluids will be scheduled to be dismantled. At this scheduled time, all fluids will be properly drained and stored in appropriate containers. During the dismantling of the vehicle, all reusable and recyclable parts and materials will also be removed. Any fluids spilled on the concrete slab or inside the shop, will be cleaned using absorbent pads, floor dry, and/or spill prevention kits. All materials as a result of spills and cleanups that are unable to be recycled will be taken to the Weld County Hazardous Disposal Center. The following is an explanation of how fluids and materials will be properly reused, resold, and recycled. Vehicle Fluids Used Antifreeze Antifreeze removed from incoming vehicles will be filtered and reused or resold. If direct reuse is not possible, the antifreeze will be recycled by on offsite commercial antifreeze recycler. Containers used to store used antifreeze that will be labeled: "used antifreeze or recycled antifreeze. " 2 Gasoline and Diesel Fuels Usable fuel removed from incoming vehicles may be directly reused in our shop or yard vehicles. Containers used to store fuels will be labeled: "usable gasoline, usable diesel, or hazardous waste fuel. " If fuels are not reusable or recyclable, they will be disposed as hazardous waste by an offsite fuel recycler. Used Oil Used oil which includes motor oil, gear oil, power steering fluid, transmission fluid, differential oil, and transaxle fluid will be used for an on-site oil fired furnace. If the used oil is not recyclable because it has been contaminated or mixed with something that makes it a hazardous waste, it will be disposes as hazardous waste: Vehicle Parts Used Oil & Fuel Filters Used oil and fuel filters from passenger vehicles and light duty trucks should be completely drained of oil and fuel prior to recycling or disposal. Filters will be placed on a drain rack for at least 24 hours. After a filter is completely drained, it will be placed in a scrap metal bin for recycling. Lead-acid batteries Batteries in good condition may be recharge and resold. If the battery is in poor condition, it will be recycled through a commercial battery recycler or supplier. Good lead-acid batteries will be stored indoors. Batteries to be recycled will be stored outdoors in closed polypropylene plastic containers or stored upright on pallets in an enclosed shed. Lead Parts Wheel weights, battery cable ends, radiators and heater cores that contain lead will be removed from salvage vehicles before crushing. These parts will be recycled as scrap metal. They will be put into bins or containers labeled scrap metal-lead. Catalytic converters Catalytic converters which contain metals such as platinum, rhodium and palladium will be recycled as scrap metal. Tires 3 Tires removed from salvage vehicles will be sold for reuse if they are in good condition. Otherwise, they will be sent offsite to a permitted waste tire recycling or disposal facility. Shop and Yard Operations Parts washers Parts washers used at our facility will be maintained and serviced by the leasing company. Used Shop Rags Shop towels contaminated with solvents, used oil, and other contaminants will be cleaned by an industrial launderer and returned for reuse. Shop rags that are contaminated with a hazardous waste will be stored in an appropriate container labeled hazardous waste-shop towels. Spills & Clean Up Any fluids spilled on the concrete either indoors or outdoors, will be cleaned using absorbent pads and/or absorbent floor dry. Our facility will always have spill prevention kits on hand including absorbent pads and/or oil absorbent floor dry for unexpected spills and cleanups. All materials as a result of spills and cleanups that are unable to be recycled will be taken to the Weld County Hazardous Disposal Center. Waste Management References Tri-State Oil All Recycling Raptor Oil Recycling Cheyenne, WY Englewood, CO Fort Collins, CO 307-635-5332 303-922-7722 970-346-8208 4 Page 1 of 1 Jacqueline Hatch From: Lauren Light Sent: Thursday, July 30, 2009 2:20 PM To: Jacqueline Hatch Cc: anita@mbtowing.com Subject: USR-1696 All conditions of approval required prior to recording the plat, have been completed to the satisfaction of Environmental Health Services, Weld County Department of Public Health & Environment. Lauren Light,M.B.S. Environmental Planner,Environmental Health Services Weld County Department of Public Health&Environment 1555 N. 17th Ave. Greeley,CO 80631 970-304-6415 Ext.2211 (office) 970-304-6411 (fax) 7/30/2009 7 3G"oG 5 -Jo 9ettAkg-,-;,x Vzi_rn,/ P a- ii tu, c xe t(fr-D4 e4 c gent_y_ 3o3. SF� o /� cr Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 11:45 AM To: Jacqueline Hatch Subject: [Fwd: Auto Painting Information] Attachments: Auto body fact sheet.pdf; Final NESHAP-Misc Surface Coating Fact Sheet 10-27.pdf; APENPaintSprayOperations.pdf Auto body fact Final NESHAP-Misc APENPaintSprayOp sheet.pdf(45 K... Surface Coat... erations.pdf(... Original Message Subject: Auto Painting Information From: "Joni Canterbury" <Jjcanter@smtpgate.dphe.state.co.us> Date: Wed, March 4, 2009 6:35 pm To: anita@mbtowing.com Anita, Per your request, I have enclosed guidance regarding auto painting facilities in Colorado. It is probable as you start up your business that air emissions from your painting operations will be below reporting thresholds. You will need to make sure you purchase coatings, thinners, etc. that do not contain the target hazardous air pollutants (heavy metals) described in the guidance for the National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart HHHHHH or you will be required to comply with the requirements of this federal rule and file an Air Pollutant Emission Notice (APEN) with the State of Colorado. An APEN form is attached for your information. Let me know if you have questions. Thank you for your inquiry. The Small Business Assistance Program (SBAP) is available to assist small businesses (less than 100 employees) with environmental issues. Our services are free and confidential. If you need further assistance, please feel free to contact me. Joni Canterbury Small Business Assistance Program Colorado Department of Public Health and Environment APCD-SS-Bl 4300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: (303) 692-3175 Fax: (303) 782-0278 joni.canterbury@state.co.us 1 FACT SHEET-AIR QUALITY REQUIREMENTS uI Calculating VOC and HAP Emissions FOR AUTOBODY SHOPS It is important for you to evaluate your facility's emissions of VOCs and HAPs. Your actual uncontrolled VOC and HAP Autobody shops in Colorado are subject to a variety of air, emissions will determine what Colorado air regulations will waste, and water regulations. This fact sheet provides an apply to your facility. The guidance document,"A Simple overview of air quality requirements and includes recent Guide to Calculating and Reporting your VOCs and HAPs" changes in reporting and permitting requirements for the provides an overview of this process. This document is Denver-metropolitan and North Front Range areas. For available online at more detailed information on other environmental www.cdphe.state.co.us/ap/stationarylibrarv.html. requirements,go to www.cdphe.state.co.us/stationarylibrary.html. j Air Pollutant Emission Notices(APENs) • Recent Actions All autobody shops that are or will be emitting VOCs at or above reporting levels listed in Table 1 are required to submit On November 20, 2007,the Denver-metropolitan and North Front Range areas were designated as"Nonattainment"for forma Air Pollutantra Emission Pi er (APEN)s to i APCD. The ozone as the result of a violation of the federal standard in is t titled,through u the i APCD and Operations i Specialty APEN"and the summer of 2007. The Colorado Air Pollution Control is available and online at Division(APCD)and other regional stakeholders are working emitting and nd ww (precursors w.cdphe.state.co.us/ap/downloadforms.html.torozone formation)Saurces on new plans to help lower ground-level ozone emitting VOCs ands NOx required to follow one orein concentrations and ensure compliance with the federal nonattainment serviv areas g will levels.e Contact to the more health-based standards for ozone. conservative obtai reporting A exemption the APCD If you o have already obtained an APEN and your emissions now exceed the reportable levels listed in Table 1. • 8-Hour Ozone Nonattainment Area Table 1 Colorado's 8-Hour Ozone Nonattainment Area • APEN Re ortmq Thresholds Includes: I P w : �f 'lal _. , "'! O Lam iAu : The counties of Adams,Arapahoe,Boulder,Broomfield,Denver, j a i pr ;n �� E. 4 �, i *}. £� `".r t 1 Douglas,Jefferson,and portions of Larimer,&Weld, !My:Fit;42,t. t;, t. tidy. s rhr s� . e �r. A map of the 8-hour Ozone Area is available on the APCD ..* a a i y 7'` 'rs i °r'" 'y r '� 3 aI'II r Irr L r website at www.cdohe.state.co.uslaolozone,html. _.. µ�Y W' °,-``ed g-„_„�, ' ^a , r °i: c k.F, ,c"S'R.r_ MILla ,gym B:.: h F L S S :x' r ig b i; 3 l i +3 9. "t '� t , uS • Volatile Organic Compounds Y 4`f ".:I '` 1 '-"°,pt ' ` 1 s �, Twie Ground level ozone is formed when hydrocarbons or volatile Note: the number of gallons in Table 1 is based on an average organic compounds(VOCs)and oxides of nitrogen(NOx) density of 7.0 pounds per gallon of VOC(ozone precursor). chemically react in the presence of sunlight and warm temperatures to form smog. High levels of ozone can be Once submitted,the APEN is valid for five years. A fully detrimental to human health and the environment. Paints, completed APEN form must be submitted to the APCD at coatings,thinners,and cleaning solvents used in your least 30 days prior to expiration of the five-year term on the autobody shop can evaporate into the outside air and current APEN. contribute to the formation of smog. If your shop is in the 8- hour ozone nonattainment area, more stringent reporting and If you change equipment(e.g.,a paint booth or drying oven), permitting requirements will apply(for VOCs and NOx as process,ownership or emissions,you will be required to file a ozone precursors)and you may need to file an Air Pollutant revised APEN;this includes emissions control equipment. Emission Notice and report to the APCD even if you have not For more information,contact the Small Business Assistance had to do so before. Table 1 lists attainment and Program. nonattainment area reporting thresholds. Air Permits ✓ Hazardous Air Pollutants All autobody shops must submit an APEN form and obtain an Hazardous Air Pollutants(HAPs)are chemicals that have air permit if VOC emissions are equal to or greater than been included on the EPA's list of 188 chemicals that can reporting levels listed in Table 2. Contact the APCD if you have detrimental effects on humans and the environment. have received an exemption from air permit requirements HAPs may be reportable. The HAP list and method for and your emissions now exceed the reportable levels listed in identifying HAP reporting levels is available online at Table 2. www.cdphe.state.co.us/ap/reboverview.html. These procedures allow you to select reporting levels based on the Table 2 scenario(release points and property boundaries)that best AIR PERMIT Re ortm Thresholds fits your operations. Most autobody shops use Scenario 1 to + ' i t n -3 fr c a'tta�llrttant determine reporting levels since it is the most conservative. Lr M neirm L r + ' r r `* / If your shop emits a HAP(pounds per year)that equals or .}s Ldp _$� Iii `` :'x" ' y ' ' iiini a -, -, tom" u 'i :r ,B >>ai a:_- exceeds the de minimis reporting level listed in Appendix A, t�s i,. "`tt,dendum for Criteria you Reportable Pollutants"along with ust submit the form titled,"APEN dthe APEN form oand Ili pit r: a c>'' ! ny I i. :u'I� "t i 1'i� i =r application fee. . `f . �� ,..;_ .... '`' ' . :. In Colorado,air permits are issued in two phases: requirements in the rule will not be included as a condition in your air permit, if applicable, at this time. 1. Initial Approval 2. Final Approval r Recordkeeping Requirements An Initial permit to be Your shop may be required to maintain air emission records A constructed InlApproval and begin air operation.allows Ts thee Initial source approval air for VOCs and HAPs and/or other air pollutants as specified in permit gives you a chance to review the permit conditions your air upon. These records. must u be availablefor and make certain they are feasible for your business and you inspection ote AP request. You should pe maintain emissions coon of the can comply with them. most recent APEN, r ina,air permit, air rdocumentation RACT determinations, and other documentation A Final Approval air permit is issued after the owner self- bas required by your air permit. The air permit number must certifies compliance with the conditions of the Initial approval to permanently affixed nl on each control piece of equipment subject air permit and pays the initial approval air permit fees. You to the air permit, including equipment. must submit the final approval self-certification form to the J Air Emission and Permitting Fees APCD within six months(180 days)of start up of operations or within six months of the date the initial approval permit APEN Fee: A$152.90 filing fee is required for each APEN was issued. The final approval air permit will not be issued submitted,this includes APENs submitted for administrative until the final approval processing fees have been paid. The final approval air permit is valid for the life of the changes(e.g.,change in ownership or change in location). The APEN fee is subject to change by the legislature on an equipment. In the event of a change of ownership or equipment, a revised APEN form must be filed. annual basis. Your air permit defines the type of air pollution control Annual Fee: All sources required to file an APEN must pay measures that will be used,sets air pollutant emission limits annual fees based on their estimated actual uncontrolled (such as VOC and HAP emission limits), includes annual emissions of air pollutants(not your air permit limits). recordkeeping requirements,and requires you to mark the air An annual fee is assessed of$eria( per ton of VOC emitted 0 permit number on each piece of equipment subject to the air and$152.90 per ton of non-criteria(HAP)emitted. The Division mails invoices to small businesses for these fees in permit. Take the time to review your air permit and be March through June of each year(fees due are for the familiar with your regulatory requirements. previous years air emissions). Fees are subject to change by the legislature on an annual basis. For current information Regulation No. 7 Requirements on fees and fee schedules,visit www.cdphe.state.co.us/ap/I- n-s.html#annfee. Colorado Regulation No. 7 limits VOC emissions from all businesses in Colorado. Regulation No.7 requires Permit Processing Fee: In addition to the$152.90 APEN businesses in nonattainment areas to reduce VOC emissions filing fee, permit-processing fees are assessed at an hourly using Reasonably Available Control Technology(RACT). rate of$76.45/hour. These requirements may include using low VOC or high performance coatings, High Volume Low Pressure(HVLP) If you will no longer be operating your paint booth or surface spray guns,or other technology that will achieve a high coatings operations, please submit a cancellation form to the degree of emission control for your operations. RACT should APCD or a letter on company letterhead requesting that the be included with your APEN submission. RACT APEN or air permit be cancelled. requirements will be included in your air permit. A RACT Analysis may include the following information: If you are selling your shop,you may transfer the current air permit to the new owner. A new APEN form and application 1. Actual(uncontrolled)and Requested(considering fee must be filed for a transfer of ownership. Proof of the growth)VOC emissions(tons per year). transfer of ownership will be required(e.g.,a copy of a bill of 2. Types of controls(e.g., use of low VOC products, sale or the previous owner's signature on the construction high transfer efficiency equipment such as HVLP or permit application form). air-assisted airless spray guns, carbon filters,or a thermal oxidizer). Questions 3. Cost of controls—ranked on a cost per ton basis. Contact the Small Business Assistance Program(SBAP)at r Federal Standards for Surface Coating (303)692-3175 or 3148 or visit our website at wwwcdphe.state.co.us/ap/sbaohndex.html. In addition to state regulations, most autobody shops are now subject to the new federal standard for surface coating called,"National Emission Standard for Painting Stripping and Miscellaneous Surface Coating Operations at Area - A Sources"(40 CFR Part 63,Subpart HHHHHH). The final rule �Z was posted in the federal register on January 9,2008. A AL,.rnn nrss A$ss'wvcr PE«1kAM copy of the final rule is available online at vvww.epaqov/fedrqstr/EPA-AlR/2008/January/Day- 09/a24718.htm. A fact sheet that outlines the final rule requirements is available online at www.cdphe.state.co.us/ap/stationarylibrary.html. EPA has delegation over this rule until it is determined whether the State of Colorado will adopt and enforce it. The federal Colorado Department of Public Health and Environment Colorado Department Air Pollution Control Division of Public Air Toxics Standard for Miscellaneous Surface Coating Operations At Area Sources, Final Rule FACT SHEET ACTION On January 9, 2008, the Environmental Protection Agency(EPA)finalized standards for area sources for paint stripping and surface coating Operations (40 CFR Part 63, Subpart HHHHHH). A summary of the final rule for surface coating operations is provided in this document. The final rule for paint stripping operations is included in a separate guidance document. EPA will implement and enforce this rule until it is determined whether the State of Colorado will adopt and enforce it. This Fact Sheet is For Summary Purposes Only— See Final Rule for Specific Requirements APPLICABILITY The final rule for surface coating operations applies to area sources that engage in: • Autobody refinishing operations that includes motor vehicles and mobile equipment spray- applied surface coating operations. Note: Motor vehicle or mobile equipment surface coating operations may petition the EPA or State(if the rule is adopted by the State)for an exemption from this rule if you can demonstrate that you spray apply no coatings that contain a target HAP. Petitions must include a description of the coatings that are spray applied and a certification that you do not spray apply any coatings containing a target HAP. • Spray application of coatings that contain a target Hazardous Air Pollutant(HAP)to a plastic and/or metal substrate on a part or product that is neither a motor vehicle or mobile equipment. The final rule does not apply to: :• Spray coating applications for facility maintenance or space vehicle applications (refer to definitions). :• Surface coating at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any such State), NASA, or the National Nuclear Security Administration. • Surface coating of military munitions (ammunition products and components) manufactured by or for the Armed Forces of the United States or equipment used exclusively for the purposes of transporting military munitions. ❖ Surface coating of personal vehicles, possessions, or property, either as a hobby or for maintenance purposes unless this individual spray applies a coating of no more than two motor vehicles or pieces of mobile equipment per year. • Spray coating applications performed by individuals for others without compensation unless apply surface coating of no more than two motor vehicles or pieces of mobile equipment per year. •) Surface coating that meets the definition of research and laboratory activities as defined in the final rule under 40 CFR Part 63.11180. :• Surface coating that meets the definition of Quality Control activities as defined in the final rule under 40 CFR Part 63.11180. •:. Surface coating activities that are covered under another federal area source standard such as a National Emission Standard for Hazardous Air Pollutants(NESHAP). :• Surface coating using hand-held aerosol cans, or hand-held devices with a cup capacity of 3 fluid ounces or less The final rule and background information is available online at http://www.epa.gov/tedrgstr/EPA- Al It i 2008!7anuary%Day-09/a24718.htm. DEFINITIONS A Area source—has the potential to emit less than 10 tons per year of a single hazardous air pollutant(HAP)or less than 25 tons per year of any combination of HAPs. If sources emit more than these amounts, they are called "major" sources. A New area source—construction or reconstruction of the source for this rule was initiated after September 17, 2007 (date of the proposed rule)by installing new surface coating equipment for a new facility or a facility that was not actively engaged in these operations prior to this date. A Existing area source—is a source that is not a new area source. A Facility Maintenance—surface coating performed as part of the routine repair, installation, or renovation of tools, equipment, machinery, and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity. Includes surface coating of stationary structures at the site of installation. (Refer to rule definitions under 40 CFR Part 63. 11180) A Mobile Equipment—any device that may be drawn and/or driven on a roadway including, but not limited to, heavy-duty trucks, truck trailers, fleet delivery trucks, buses, mobile cranes, bulldozers, agriculture equipment, motor homes, and other recreational vehicles. A Motor Vehicle—any self-propelled vehicle including, but not limited to, automobiles, light duty trucks, golf carts, vans, and motorcycles. A NESHAP— National Emission Standard for Hazardous Air Pollutants. A Quality control activities—activities associated with a surface coating operation intended to detect and correct defects in the final product and do not include the production of an intermediate or final product for sale or exchange for commercial profit. The activities are not a normal part of the surface coating operation and are not facility maintenance. A Reconstruction—fixed capital cost of replacement components exceeds 50%of the fixed capital cost required to construct a comparable new source. A reconstructed source is subject to relevant standards for new sources. Final Rule Fact Sheet—Misc.Surface Coating NESHAP Page 2 Rev 3-08 A Research and laboratory activities—conducted at a laboratory -activities to test more efficient production processes, research and development into new processes and products and that is not engaged in the manufacture of products for sale or exchange for commercial profit. (see full definition in rule under 40 CFR Part 63 63.11180) A Space Vehicle—vehicles designed to travel beyond the limit of the earth's atmosphere e.g., satellites, space stations, and the space shuttle system. A Target HAP—compounds of chromium (Cr), lead (Pb), manganese(Mn), nickel (Ni), or cadmium (Cd). A Target HAP Containing coating-a spray applied coating that contains any individual target Hazardous Air Pollutant at a concentration greater than 0.1 percent by mass(OSHA-defined carcinogen)or 1.0 percent by mass(any other individual target HAP compound). This information is ordinarily obtained from the MSDS, or from the coating manufacturer. COMPLIANCE DEADLINES \/ If you are a new area source, you must be in compliance with the new requirements by January 9, 2008 or by the date of initial start up, whichever is later. 'I If you are an existing area source, you must be in compliance with the new requirements by January 10, 2011. RULE REQUIREMENTS • Surface Coating operations must: o Confine all spray operations to within properly filtered spray booths, preparation stations, or mobile enclosures. The filtered spray booths, preparation stations, and mobile enclosures must be fitted with a type of filter technology that is demonstrated to achieve at least 98 percent capture of paint overspray(ASHRAE Method 52.1). Published filter efficiency data provided by filter vendors may be used to demonstrate compliance with this requirement. • Spray booths and preparation stations used to refinish complete motor vehicles or mobile equipment must be fully enclosed with a full roof, and four complete walls or side curtains and be ventilated at negative pressure. • If a spray booth, that is used to refinish complete motor vehicles or mobile equipment, is fully enclosed and has seals on all doors and openings and has an automatic pressure balancing system, it may be operated at up to, but not more than, 0.05 inches water gauge positive pressure. • Spray booths and preparation stations used to coat miscellaneous parts and products or vehicle subassemblies must have a full roof, at least three complete walls or side curtains, and ventilated at negative pressure. The walls and roof of a booth may have openings, if needed, to allow for conveyors and parts to pass through the booth during the coating process. • Mobile ventilated enclosures used to perform spot repairs must enclose(and seal against the surface around the area, if necessary)the area being coated such that paint overspray is retained within the enclosure and directed to a filter. Final Rule Fact Sheet—Misc.Surface Coating NESHAP Page 3 Rev 3-08 o Use high-volume low-pressure(HVLP) spray gun, electrostatic application, airless spray gun, air-assisted airless spray gun, or an equivalent technology for all spray-applied coatings. Equivalent technology must be demonstrated by the spray gun manufacturer to achieve transfer efficiency comparable to one of the spray gun technologies listed above • The procedure used to demonstrate spray gun transfer efficiency is listed in the final rule under Part 63.11173(e)(3)); • Written approval to use this technology must be obtained from the EPA(or State, if the rule is adopted) prior to use. o Clean paint spray guns so that an atomized mist or spray of gun cleaning solvent and paint residue is not created outside of a container that collects the used gun cleaning solvent. Examples include: • Hand cleaning of gun parts in a solvent container by flushing solvent through the gun without atomizing the solvent and paint residue or; • Use of a fully enclosed spray gun washer. o Train and certify all spray equipment operators in proper application of surface coatings and the proper setup and maintenance of spray equipment. This includes contract personnel. • New area sources must train and certify operators no later than 180 days after hiring or no later than July 7, 2008, whichever is later. • Employees who transfer within a company to a position as a painter are subject to the same requirements as a new hire. • Existing area sources must train and certify operators no later than 180 days after hiring or no later than January 10, 2011, whichever is later. New employees are subject to the same requirements as a new hire. • The training requirements do not apply to the students of an accredited surface coating training program who are under the direct supervision of a certified instructor. • Initial training will not be required if it can be demonstrated that a spray equipment operator's work experience and/or previous training meets the requirements in the rule and is within 5 years of the date the training is required. • Spray equipment operators must be re-certified every 5 years. • Initial and Refresher training must, at a minimum, meet the following requirements (refer to 40 CFR Part 63.11173(f)): A list must be maintained of current personnel by name and job description that are required to be trained. Hands-on and classroom instruction that addresses, at a minimum, the following: o Spray gun equipment selection, set up, and operation, including measuring coating viscosity, selecting the proper fluid tip or nozzle, and achieving the proper spray pattern, air pressure and volume, and fluid delivery rate. Final Rule Fact Sheet—Misc.Surface Coating NESHAP Page 4 Rev 3-08 o Spray technique for different types of coatings to improve transfer efficiency and minimize coating usage and overspray, including maintaining the correct spray gun distance and angle to the part, using proper banding and overlap, and reducing lead and lag spraying at the beginning and end of each stroke. o Routine spray booth and filter maintenance, including filter selection and installation. o Environmental compliance with the requirements of this surface coating rule. o A description of methods to be used at the completion of initial or refresher training to demonstrate, document, and provide certification of successful completion of training. • Recordkeeping o Maintain all records for at least five years after the date of each record. Copies of records must be kept on-site for at least 2 years after their date. Records should include: • Training certifications with the date the initial and the most recent refresher training was completed. • Documentation of the filter efficiency of any spray booth exhaust filter material. • Documentation from the spray gun manufacturer that each spray gun with a cup capacity equal to or greater than 3.0 fluid ounces (89cc)that does not meet the definition of an HVLP spray gun, electrostatic application, airless spray gun, or air-assisted airless spray gun, has been determined to achieve an equivalent transfer efficiency to one of these technologies. • Approval to use alternative spray gun technology, if applicable. • Copies of Initial and Compliance Notifications, if applicable. • Copies of Annual Notification of Changes report. • Records of any assessments of source compliance performed in support of the initial notification, notification of compliance status, or annual notification of changes report. • Records of any deviations from the requirements of this rule (e.g., date and time period of deviation, description, and actions taken to correct the deviation). NOTIFICATIONS AND REPORTS • Initial Notification o New area sources must submit the Initial Notification no later than 180 days after initial startup or by July 7, 2008, whichever is later. o Existing area sources must submit this form no later than January 11, 2010. o Information on the Initial Notification is outlined in the final rule under 40 CFR Part 63.11175(a). See EPA's example Initial Notification at: http://www.epa.govittn/atw/area/paint_strip_examPle.doc Final Rule Fact Sheet—Misc.Surface Coating NESHAP Page 5 Rev 3-08 • Notification of Compliance Status o New area sources are not required to submit a separate Notification of Compliance Status in addition to the Initial Notification provided you were able to certify compliance as part of the Initial Notification and your compliance status has not since changed. o Existing area sources that did not certify compliance in the Initial Notification must submit a Notification of Compliance Status form on or before March 11, 2011. o Information on the Notification of Compliance Status is outlined in the final rule under 40 CFR Part 63.11175(b). • Annual Notification of Changes Report o Submit a report in each calendar year in which information previously submitted in either the Initial Notification, Notification of Compliance Status, or a previous Annual Notification of Changes Report has changed. o Must be submitted prior to March 1 of each calendar year only if reportable changes have occurred. o Information on the Notification of Changes Report is outlined in the final rule under 40 CFR Part 63.11176(a). • FOR MORE INFORMATION :• The Small Business Assistance Program offers free and confidential assistance to small businesses with environmental questions. Small Business Assistance Program: (303)692-3175 or(303) 692-3148 Small Business Ombudsman: (303)692-2135 Website: www.cdphe.state.co.us/apisbap/index.html • Website: EPA's air toxics website: http://www.epa.qov/ttn/atw/area/arearules.html A $M19UO4 S*MVPYU PROGRAM Final Rule Fact Sheet—Misc.Surface Coating NESHAP Page 6 Rev 3-08 Colorado Department of Public Health and Environment Page 1 of 4 Air Pollution Control Division - PAINT SPRAY OPERATIONS - Air Pollutant Emission Notice (APEN) - and - Application for Construction Permit Check all that apply: ❑ New Facility ❑Transfer of Ownership * ❑ Change in VOC Usage ❑ No Change, APEN Update Only ❑ Request a Modification to Existing Permit All sections of this APEN and application must be completed prior to submittal to the Division for both new and existing facilities. An application with missing information may be determined incomplete and may result in longer engineer processing times. * Note: For transfer of ownership or company name change of a permit,you must also submit a Construction Permit Application form. Permit Number AIRS Number Company Name: Plant Location: County: Zip: Billing Address: Zip: Person to Contact: Phone Number: E-mail Address: Fax Number: Is this facility owned or managed by another company or corporation? Yes/No If YES, provide name of company and mailing address: Please describe the operations at this facility(body shop, manufacturing or refurbishing of select items, etc.): Normal Operation of this Source: Hours per day Days per week Weeks per year Section 1: ABRASIVE BLASTING Is abrasive blasting performed at this location? Yes/No If yes list material used: (e.g. sand, plastic) Amount consumed? Tons per Year Abrasive Blasting Control Measures(this will serve as the fugitive dust control plan): ❑ Wet Blasting (may be required by the Division) ❑ Enclosure Type: Complete or Partial, describe: ❑ Other(specify): Please provide description of the blasting material cleanup and disposal at the site: Revised September 2004 • http:/'www.cdphestate.co.us/ap/stationarv.html Colorado Department of Public Health and Environment Page 2 of 4 Air Pollution Control Division - PAINT SPRAY OPERATIONS - Section 2: PAINT BOOTH INFORMATION Percent of painting done indoors: Number of indoor spray booths? List any air pollution controls(i.e. overspray filters, VOC controls)associated with the indoor spray booths. Please indicate control and capture efficiency. Percent of painting done outdoors: Please describe any air pollution controls associated with outdoor painting operations(if applicable): Application Method of Surface Coating Constitutes what% of Transfer Efficiency(%) operations: Air Atomization Pressure Atomization Hot Airless Spray HVLP* Electrostatic:Air Electrostatic: Disc Other(Specify): * Required for Automotive Refinishing Booths Located in the Denver Metro Area. Section 3: VOLATILE MATERIAL USAGE The VOC emission limit included in the permit will be based on the requested emission limit provided in this section. Sources are encouraged to provide a requested emission limit that allows room for growth over the next five years (APENs must be resubmitted every five years). The source will be required to show compliance with the VOC permit limit by calculating emissions based on actual material consumption. Sources may use VOC and HAP reports provided by their solvent supplier to demonstrate compliance. Annual emission fees will be based on the actual VOC usage provided in this section. Actual VOC Usage: Tons per year Requested VOC Limit: Tons per year Year For Which The Actual Data Applies: (e.g. 2003) Revised September 2004 http:Uwww.cdphestate.co.us/ap stationarv.html Colorado Department of Public Health and Environment Page 3 of 4 Air Pollution Control Division - PAINT SPRAY OPERATIONS - The applicant must provide the following information with this APEN: For previously permitted facilities: • Submit the previous year's VOC and HAP report, and • Submit a completed Non-Criteria Reportable Pollutant Addendum. Or • Submit a table or spreadsheet containing the previous year's emission estimates for VOC and HAPs based on the actual amounts of solvent purchased by the facility, • Submit a completed Non-Criteria Reportable Pollutant Addendum, and • Submit MSDS or Product Data Sheets*for at least the ten highest consumed solvents at the facility. For new or previously unpermitted facilities: • Submit a table containing the anticipated annual usage(quantity)of each solvent to be used at the facility, • Submit a completed Non-Criteria Reportable Pollutant Addendum, and • Submit MSDS or Product Data Sheets*for at least the ten highest consumed solvents at the facility. * Please make sure the MSDS or the Product Data Sheets contain the VOC& HAP contents in the solvent. Section 4: POWDER COATINGS USAGE Actual usage of powder coatings: Tons per year Requested limit of powder coatings: Tons per year Year For Which The Actual Data Applies: (e.g. 2003) Application method: Transfer efficiency: Please list any powder coating control or capture devices and their efficiencies: Section 5: DRYING OVENS For natural gas fired drying ovens rated above 5.0 million Btu per hour, provide the following information: Heat Rating Manufacturer Model No. Serial No. (MMBtu/hr) Requested amount of natural gas consumed by all ovens scf per year rated over 5.0 million Btu per hour: Signature of Legally Authorized Person(not a vendor or consultant) Date Name (please print) Title Revised September 2004 http:i;www.cclphe.state.co.us'akstationarv.html Colorado Department of Public Health and Environment Page 4 of 4 Air Pollution Control Division - PAINT SPRAY OPERATIONS - Check the appropriate box if you want: ❑ Copy of the Preliminary Analysis conducted by the Division ❑To review a draft of the permit prior to issuance (Checking any of these boxes may result in an increased fee and/or processing time) This notice is valid for five(5)years unless a significant change is made, such as an increased production, new equipment, change in fuel type, etc. A revised APEN shall be filed no less than 30 days prior to the expiration date of this APEN form. Send this form along with $152.90 to: Colorado Department of Public Health and Environment Telephone: (303)692-3150 Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 For more information or assistance call: Small Business Assistance Program (303)692-3148 and(303)692-3175 Small Business Ombudsman (303)692-2135 Revised September 2004 http:vww.cdphe.state.co.us'ap.stationarv.html Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 11:43 AM To: Jacqueline Hatch Subject: [Fwd: Well permit extension] Attachments: untitled-[1.2]; BALDERAS.PDF untitled-[1.2] (1 KB$ALDERAS.PDF(54 KB) Original Message Subject: Well permit extension From: "Hoisington, Brenda" <Brenda.Hoisington@state.co.us> Date: Fri, May 22, 2009 11:08 am To: anita@mbtowing.com «BALDERAS.PDF» Anita, attached above is your amended permit with the granted extension of time in which to construct the well. Sincerely, Brenda 1 J Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203 (303)856-3581 LIC WELL PERMIT NUMBER 67171 -F ` DIV. 1 WD2 DES.BASIN MD APPLICANT Lot: A Block: Filing: Subdr:1309-30-1-RE 2012 APPROVED WELL LOCATION WELD COUNTY NE 1/4 NE 1/4 Section 30 MANUEL&ANITA BALDERAS Township 2 N Range 66 W Sixth P.M. 7853 HWY 85 DISTANCES FROM SECTION LINES FORT LUPTON,CO 80621- 743 Ft.from North Section Line 259 Ft.from East Section Line (303)857-9770 UTM COORDINATES(Meters,Zone:13,NAD83) PERMIT TO CONSTRUCT A WELL Easting: 516059 Northing: 4440470 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used In such a way as to cause no material Injury to existing water rIgMs. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(4)and the findings of the State Engineer dated June 2,2008. 4) The use of ground water from this well is limited to commercial use. 5) The pumping rate of this well shell not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.74 acre-feet. 7) Production is limited to the Laramie Fox-Hills aquifer which Is located 400 feet below land surface and extends to a depth of 650 feet. Plain casing must be installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers. 8) The depth to the top of the Laramie-Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones immediately above the aquifer,plain casing and grout shall extend through the lowermost coal and/or carbonaceous shale that overlies the Laramie sand portion of the aquifer. 9) The entire length of the hole shall be geophysically logged as required by Rule 9 of the Statewide Nontributary Ground Water Rules prior to installing casing. 10) The owner shall mark the well in a conspicuous place with well permit number(s),name of the aquifer,and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request. 12) This well shall be constructed at least 600 feet from any existing well,completed in the same aquifer,that is not owned by the appkcant except for the well constructed under permit number 93439-A for which the owner was notified pursuant to 37-90-137(2)(b)(II)(A)and no response was received. 13) This well shall be constructed not more than 200 feet from the location specified on this permit. 14) Pursuant to CRS 37-90-137(9)(b)and the Denver Basin Rules,no more than 98%of the nontributary ground water withdrawn annually shall be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 90%of the water withdrawn will be consumed. 15) This well Is subject to administration by the Division Engineer In accordance with applicable decrees,statutes,rules,and regulations. NOTE:The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated,due to anticipated water level declines. NOTE:To ensure a maximum productive life¢(this well,perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above.B-ut H, O(,/oe/cr Permit expiration d ea ded o May 22, 0 by B.D.H.on 05/21/2 r r 9 APPROVED ' BDH State Engineer Receipt No.3624965 DATE ISSUED 05-22-2008 EXPIR TION DATE 05-22-2009 Page 1 of 1 Waste Description Estimated Monthly Volumes Waste Management&Disposal On Site Recycling Antifreeze 20 Gallons per month Tri-State Oil Recycling 307-635-5332 yes Air Conditioning Gas 8.5 Lbs per month Ace Automotive 303-659-3611 no Gasoline 15 Gallons per month Tri-State Oil Recycling 307-635-5332 yes Diesel 1-5 Gallons per month Tri-State Oil Recycling 307-635-5332 yes Motor&Transmission Oil 50 Gallons per month Tri-State Oil Recycling 307-635-5332 no Lead-Acid Batteries 10 units per month All Recycling 303-922-7722 no Lead Parts 10 units per month All Recycling 303-922-7722 no Catalytic Converters 10 Units per month All Recycling 303-922-7722 no Paint Thinner 0.5 Gallons per month Safety Kleen 303-761-8614 no Paint Strippers 0.5 Gallons per month Safety Kleen 303-761-8614 no Cleaning Solvent 10 Gallons per month Safety Kleen 303-761-8614 no Automotive Paint 0.5 Gallons per month Safety Kleen 303-761-8614 no file:1/C:\Users\Anita\Desktop\Wate Management.html 7/22/2009 A Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 11:42 AM To: Jacqueline Hatch Subject: [Fwd: Waste Management Plan] Attachments: untitled-[2] IA untitled-[2] (19 KB) Original Message Subject: Waste Management Plan From: "JR" <jr@mbtowing.com> Date: Mon, July 6, 2009 7:09 pm To: anita@mbtowing.com MB Auto Sales & Salvage Waste Management Plan The following information is a detailed plan on how our facility will manage waste produced by wrecked and salvaged vehicles. Our goal is to operate an environmentally friendly business based on reusing, reselling and recycling. Wrecked & Salvage Vehicles: Our objective is to drain and collect all fluids from incoming vehicles as soon as possible, including fluids from the engine, fuel tank, transmission and radiators. If we are unable to drain fluids from an incoming vehicle immediately, it will be inspected for leaks. Our first priority will be given to vehicles received that are leaking fluids. Although it has been our experienced that wrecked vehicles often leak most of their fluids at the accident scene, the following is an explanation on how these situations will be handled. Vehicles received that are leaking fluids will be placed on a concrete slab in order not to contaminate the ground. Drain pans will be placed under vehicles to catch leaking fluids. Fluids will then be placed in specified containers. After all leaking fluids have been completely drained or stopped, the vehicle will either be moved into the police impound yard or the salvage yard. No further draining/recovery procedures will be taken on impounded vehicles. Salvage vehicles received that are not leaking fluids will be scheduled to be dismantled. At this scheduled time, all fluids will be properly drained and stored in appropriate containers. During the dismantling of the vehicle, all reusable and recyclable parts and materials will also be removed. Any fluids spilled on the concrete slab or inside the shop, will be cleaned using absorbent pads, floor dry, and/or spill prevention kits. All materials as a result of spills and cleanups that are unable to be 1 recycled will be taken to the Weld County Hazardous Disposal Center. The following is an explanation of how fluids and materials will be properly reused, resold, and recycled. Vehicle Fluids Used Antifreeze Antifreeze removed from incoming vehicles will be filtered and reused or resold. If direct reuse is not possible, the antifreeze will be recycled by on offsite commercial antifreeze recycler. Containers used to store used antifreeze that will be labeled: "used antifreeze or recycled antifreeze. " Gasoline and Diesel Fuels Usable fuel removed from incoming vehicles may be directly reused in our shop or yard vehicles. Containers used to store fuels will be labeled: "usable gasoline, usable diesel, or hazardous waste fuel. " If fuels are not reusable or recyclable, they will be disposed as hazardous waste by an offsite fuel recycler. Used Oil Used oil which includes motor oil, gear oil, power steering fluid, transmission fluid, differential oil, and transaxle fluid will be used for an on-site oil fired furnace. If the used oil is not recyclable because it has been contaminated or mixed with something that makes it a hazardous waste, it will be disposes as hazardous waste: Vehicle Parts Used Oil & Fuel Filters Used oil and fuel filters from passenger vehicles and light duty trucks should be completely drained of oil and fuel prior to recycling or disposal. Filters will be placed on a drain rack for at least 24 hours. After a filter is completely drained, it will be placed in a scrap metal bin for recycling. Lead-acid batteries Batteries in good condition may be recharge and resold. If the battery is in poor condition, it will be recycled through a commercial battery recycler or 2 supplier. Good lead-acid batteries will be stored indoors. Batteries to be recycled will be stored outdoors in closed polypropylene plastic containers or stored upright on pallets in an enclosed shed. Lead Parts Wheel weights, battery cable ends, radiators and heater cores that contain lead will be removed from salvage vehicles before crushing. These parts will be recycled as scrap metal. They will be put into bins or containers labeled scrap metal-lead. Catalytic converters Catalytic converters which contain metals such as platinum, rhodium and palladium will be recycled as scrap metal. Tires Tires removed from salvage vehicles will be sold for reuse if they are in good condition. Otherwise, they will be sent offsite to a permitted waste tire recycling or disposal facility. Shop and Yard Operations Parts Washers Parts washers used at our facility will be maintained and serviced by the leasing company. Used Shop Rags Shop towels contaminated with solvents, used oil, and other contaminants will be cleaned by an industrial launderer and returned for reuse. Shop rags that are contaminated with a hazardous waste will be stored in an appropriate container labeled hazardous waste-shop towels. Spills & Clean Up Any fluids spilled on the concrete either indoors or outdoors, will be cleaned using absorbent pads and/or absorbent floor dry. Our facility will always have spill prevention kits on hand including absorbent pads and/or oil absorbent floor dry for unexpected spills and cleanups. All materials as a result of spills and cleanups that are unable to be recycled will be taken to the Weld County Hazardous Disposal Center. Waste Management References Tri-State Oil All Recycling Raptor Oil 3 Recycling Cheyenne, WY Englewood, CO Fort Collins, CO 307-635-5332 303-922-7722 970-346-8208 4 Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 11:40 AM To: Jacqueline Hatch Cc: Lauren Light Subject: [Fwd: Dust abatement plan] Original Message Subject: Dust abatement plan From: jr@mbtowing.com Date: Mon, July 20, 2009 9:19 pm To: anita@mbtowing.com Monday, July 20, 2009 Case Number: USR-1696 Applicant: Manuel and Anita Balderas Site Address: 7853 State Highway 85, Fort Lupton, CO 80621 Legal Description: Lot A of RE-2012 being part of the E2 NE4 of Section 30, T2N, R66W of the 6thP.M. Weld County, CO. Location: West of and adjacent to State Highway 85 and approximately W mile south of County Road 18 . DUST ABATMENT PLAN FOR MB AUTO SALVAGE USR-1696 During the construction period, dust abatement methods that will be implemented will include the application of magnesium chloride to dirt roads and the spraying of water on loose dirt. Once all construction has been completed, high traffic areas will be paved and access will be restricted on dusty areas. Sincerely, Anita M. salderas 1 Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 11:39 AM To: Jacqueline Hatch Subject: [Fwd: APEN] Original Message Subject: APEN From: jr@mbtowing.com Date: Mon, July 20, 2009 9:40 pm To: anita@mbtowing.com Monday, July 20, 2009 Case Number: USR-1696 Applicant: Manuel and Anita Balderas Site Address: 7853 State Highway 85, Fort Lupton, CO 80621 Legal Description: Lot A of RE-2012 being part of the E2 NE4 of Section 30, T2N, R66W of the 6th P.M. Weld County, CO. Location: West of and adjacent to State Highway 85 and approximately 14 mile south of County Road 18 . Air Pollution Emission Notice (A.P.E.N) According to the Colorado Department of Public Health and Environment and the Small Business Assistance Program, air emissions from our painting operations are currently below the reporting thresholds and therefore emission permit application is not required. Documentation regarding purchases of hazardous air pollutants and chemicals for our facility are available upon request. Sincerely, Anita M. Balderas 1 Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 11:38 AM To: Jacqueline Hatch Cc: Lauren Light Subject: [Fwd: Stormwater Discharge Permit] Original Message Subject: Stormwater Discharge Permit From: jr@mbtowing.com Date: Mon, July 20, 2009 9:46 pm To: anita@mbtowing.com Monday, July 20, 2009 Case Number: USR-1696 Applicant: Manuel and Anita Balderas Site Address: 7853 State Highway 85, Fort Lupton, CO 80621 Legal Description: Lot A of RE-2012 being part of the E2 NE4 of Section 30, T2N, R66W of the 6th P.M. Weld County, CO. Location: West of and adjacent to State Highway 85 and approximately W mile south of County Road 18. Construction Activity According to building and plot layouts, less than 10, 000 feet squared will be disturbed during the construction period. Therefore storm water discharge permit is not applicable. Sincerely, Anita M. Balderas 1 Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 11:35 AM To: Jacqueline Hatch Subject: [Fwd: corrected landscaping] Original Message Subject: corrected landscaping From: jr@mbtowing.com Date: Mon, July 20, 2009 11:12 pm To: anita@mbtowing.com Monday, July 20, 2009 Case Number: USR-1696 Applicant: Manuel and Anita Balderas Site Address: 7853 State Highway 85, Fort Lupton, CO 80621 Legal Description: Lot A of RE-2012 being part of the E2 NE4 of Section 30, T2N, R66W of the 6th P.M. Weld County, CO. Location: West of and adjacent to State Highway 85 and approximately ',4 mile south of County Road 18. Department of Planning Service Landscape: In accordance to plot plans, our landscaping development will include trees, shrubs, sod, decorative rock, and xeroscaping. Areas along the perimeter and interior of the property will be mowed and sprayed with herbicide. Landscaping and weed control will continuously be maintained in accordance to all Weld County Department of Planning standards and regulations. Proposed plant and tree descriptions include: Gleditsia triacanthos, columbine, bachelor button, Siberian wallflower, Shasta daisy, plains coreopsis tall, sulphur cosmos, sweet William single, African daisy flake, California poppy, perennial gaillardia, baby's breath perennial blue flax, carpet of snow, evening primrose, shirly single mix, rocky mountain penstemon, yellow prairie coneflower, black eyed Susan, catchfly. (Western Plains Wildflower Mix) Method of planting will include hyroseeding, and drill seeding. Drip systems will be incorporated for a period of one year for plant establishment and water conservation. Source of water is a personal well and rate of water application will be distributed as needed. All trash receptacles will be placed in a secured area with secured lids. All vehicles, equipment, and machinery located on the property will be screened by a solid metal privacy fence. Our business has always complied will all local and state regulations and therefore no actions have been taken against our company. We will continue to operate in accordance to all local and state rules and regulations. All li•ht :• located on the property will be in accordance to department regu ations. Sincerely, Anita M. Balderas 1 Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 12:01 PM To: Jacqueline Hatch Subject: CDOT I Referral letter dated April 16, 2009 We have met all of cdot requirements and have obtained a signed access permit. Anita Balderas 303-589-0128 1 Jacqueline Hatch From: anita@mbtowing.com Sent: Tuesday, July 21, 2009 11:54 AM To: Jacqueline Hatch Subject: Ft. Lupton, Fire Protection District H. Referral letter of March 27, 2009 This is regarding the installation of Knox Box or Know Paddle Lock. We have a letter from the Fire Chief that the Knox Box is only a recomendation, it is not a requirement. If you have any question, please call me. Anita Balderas 303-589-0128 fi JL,}) cyuL—i" fa-0/71-(6I—z-c-4 ii 97, 90 Lua Weld County Planning Department GREELEY OFFICE ■■ Jlll 15 NE AGPROfessionalcLE® ■■ DEVELOPERS OF AGRICULTURE July 10, 2009 Ms. Jacqueline Hatch-Drouillard Weld County Department of Planning Services 910 10th Street Greeley, CO 80631 Subject: Use by Special Review # 1696 AGPRO Project #1223-01 Dear Ms. Hatch-Drouillard: In regards to USR-1696, Mr. Scott Busker, a neighbor to the proposed USR property, is requesting that the County ensure that the applicant be required to have the maximum required landscaping and screening for the site and meet all applicable County Codes. If you have any questions please contact me at (970) 535-9318. Sincerely, ` Tim Naylor Planning Consultant Cc: Scott Busker ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 • Longmont,CO 80504 970.535.9318/ office• 303.485.7838 /metro •970.535.9854/fax• www.agpros.com AGPROR,,imml;LLC C tx.;' v7\ L - \firCC>7l-QC) -ECtkAcl. fcfri‘A '-0(1 R:It- . '‘I\Lct I) 4- Sszt.Le pt \. .,�s t- ^rAn.V4 atertc• �.t� L �coc .. S C ietre, rytrt ti_ l� r\C�e1\- 10 co. (.0-RJ) O, Le t-. tskLLtQ CU�r�� r o 1s- cz- -r,-‘O.t-}-t\ L` ' ft, m •7 4e a s Q nco l+ 1-\ C Cut c .� �CCb cr .�"f\ L CUAll t,_-e2tAk {i\St-c.- X03 -- (:$1 -3°1 S 3 . i1opkv 9 S" Snof k\ (Yl� c> c, cr_Sri .n C_c & k C) I 303 - tpS5.3V33 1 CL r; 01.0L,NA_CCO usi-Aer. Coto . so coo 1 ' CDOT Permit No. COLORADO DEPARTMENT OF TRANSPORTATION 409041 SH/S/MP STATE HIGHWAY ACCESS CODE 85 C / 244.090 / L NOTICE Local Jurisdiction TO PROCEED Weld County Permittee(s): Department Applicant: Manuel Balderas Weld County Planning Manuel Balderas GREELEY OFFICE 7853 State Highwway 85 JUN 2 6 7nnq 7853 State Highway 85 Fort Lupton,CO 80621 RECEIVED Fort Lupton, CO 80621 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By Title Date (X) perm;i- 6/25/2009 Cop distri ution: Required: Make copies as necessary for: ) Form 1265 8/98,6/99 Region(original) Local Authority Inspector Lee Ireton Applicant MTCE Patrol Traffic Engineer Staff Access Section 14-Fort Lupton COLORADO DEPARTMENT OF TRANSPORTATION COOT Permit No. 40904: STATE HIGHWAY ACCESS PERMIT State Highway No/Mp/Side 85 C / 244.090 / L Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction $100.00 6/2/2009 4 / 01 /14-Fort Lupton Weld County The Permittee(s); Applicant: Ref No.: Manuel Balderas Manuel Balderas 7853 State Highwway 85 7853 State Highway 85 Fort Lupton,CO 80621 Fort Lupton,CO 80621 303-857-9770 303-857-9770 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed, maintained and used i accordance with this permit, including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their dul) appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the ermit. Location:This access is located on State Highway 85, a distance of 475 feet north of mile post 244 on the west/left side. ACCeSS to Provide Service to: (Land Use Code:) (Size or Count) (Units) 210-Single-Family Detached Housing 10 ADT 840-Impound Yard 1 ADT 801 -Auto Body Shop 10 ADT Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Lee Ireton with the Colorado Department of Transportation in Greeley, Colorado at (970) 350-2147, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its to s and conditions. Jp /� �j 6 it ee `�/� /J k(L— Print Name /' �� Date / �'.� ✓ C Ai/Lc/Jet r4' ate yC' This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Sig lure ` Print Name Title �1 Date(of issue) L�`--1'Wt - �-- Gip et to 14 LCE- (D4-02_ PEc Ntfr 11C7F� (o/L6/61 �opy Distribution: Required: Make copies necessary for: Previous editions are obsolete and may not be use 1.Region 3.Staff Access Section Local Authorityas Inspector Page t of 3 CDOT Form#101 SP 2.Applicant 4.Central Files MTCE Patrol Traffic Engineer highway property, natural or cultural resources protected by right-of-way or any adopted municipal system and drainage law, or the health and safety of workers or the public. plan. • 5. Prior to using the access, the permittee is required to 11. By accepting the permit, permittee agrees to save, complete the construction according to the terms and indemnify, and hold harmless to the extent allowed by law, conditions of the permit. Failure by the permittee to abide by the issuing authority, the Department, its officers, and all permit terms and conditions shall be sufficient cause for employees from suits, actions, claims of any type or the Department or issuing authority to initiate action to character brought because of injuries or damage sustained suspend or revoke the permit and close the access. If in the by any person resulting from the permittee's use of the determination of the Department or issuing authority the access permit during the construction of the access. failure to comply with or complete the construction requirements of the permit create a highway safety hazard, CHANGES IN ACCESS USE AND PERMIT VIOLATIONS such shall be sufficient cause for the summary suspension 1. It is the responsibility of the property owner and of the permit. If the permittee wishes to use the access prior permittee to ensure that the use of the access to the to completion, arrangements must be approved by the property is not in violation of the Code, permit terms and issuing authority and Department and included in the permit. conditions or the Act. The terms and conditions of any permit The Department or issuing authority may order a halt to any are binding upon all assigns, successors-in-interest, heirs unauthorized use of the access pursuant to statutory and and occupants. If any significant changes are made or will regulatory powers. Reconstruction or improvement of the be made in the use of the property which will affect access access may be required when the permittee has failed to operation,traffic volume and or vehicle type,the permittee or meet required specifications of design or materials. If any property owner shall contact the local issuing authority or the construction element fails within two years due to improper Department to determine if a new access permit and construction or material specifications, the permittee shall be modifications to the access are required. responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. 6. The permittee shall provide construction traffic control The Department or issuing authority may summarily devices at all times during access construction, in suspend an access permit and immediately order closure of conformance with the M.U.T.C.D. as required by section 42- the access when its continued use presents an immediate 4-104, C.R.S., as amended. threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, MAINTENANCE relocate, or repair a traffic control device or public or private 1. The permittee, his or her heirs, successors-in-interest, utilities for the construction of a permitted access, the assigns, and occupants of the property serviced by the relocation, removal or repair shall be accomplished by the access shall be responsible for meeting the terms and permittee without cost to the Department or issuing conditions of the permit, the repair and maintenance of the authority, and at the direction of the Department or utility access beyond the edge of the roadway including any cattle company. Any damage to the state highway or other public guard and gate, and the removal or clearance of snow or ice right-of-way beyond that which is allowed in the permit shall upon the access even though deposited on the access in the be repaired immediately. The permittee is responsible for the course of Department snow removal operations. Within repair of any utility damaged in the course of access unincorporated areas the Department will keep access construction, reconstruction or repair. culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for 8. In the event it becomes necessary to remove any right- the repair and replacement of any access-related culverts of-way fence, the posts on either side of the access shall be within the right-of-way. Within incorporated areas, drainage securely braced with an approved end post before the fence responsibilities for municipalities are determined by statute is cut to prevent any slacking of the remaining fence. All and local ordinance. The Department will maintain the posts and wire removed are Department property and shall roadway including auxiliary lanes and shoulders, except in be turned over to a representative of the Department. those cases where the access installation has failed due to improper access construction and/or failure to follow permit 9. The permittee shall ensure that a copy of the permit is requirements and specifications in which case the permittee available for review at the construction site at all times. The shall be responsible for such repair. Any significant repairs permit may require the contractor to notify the individual or such as culvert replacement, resurfacing, or changes in office specified on the permit at any specified phases in design or specifications, requires authorization from the construction to allow the field inspector to inspect various Department. aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the Form 101, Page 3 State Highway Access Permit PERMIT EXPIRATION Form 101, Page 2 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date The following paragraphs are excerpts of the State Highway or before the expiration of any authorized extension. When Access Code. These are provided for your convenience but the permittee is unable to commence construction within one do not alleviate compliance with all sections of the Access year after the permit issue date, the permittee may request a Code. A copy of the State Highway Access Code is one year extension from the issuing authority. No more than available from your local issuing authority (local government) two one-year extensions may be granted under any or the Colorado Department of Transportation (Department). circumstances. If the access is not under construction within When this permit was issued, the issuing authority made its three years from date of issue the permit will be considered decision based in part on information submitted by the expired. Any request for an extension must be in writing and applicant, on the access category which is assigned to the submitted to the issuing authority before the permit expires. highway, what alternative access to other public roads and The request should state the reasons why the extension is streets is available, and safety and design standards. necessary, when construction is anticipated, and include a Changes in use or design not approved by the permit or the copy of page 1 (face of permit) of the access permit. issuing authority may cause the revocation or suspension of Extension approvals shall be in writing. The local issuing the permit. authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the APPEALS Department of all denied extensions within ten days. Any 1. Should the permittee or applicant object to the denial of person wishing to reestablish an access permit that has a permit application by the Department or object to any of expired may begin again with the application procedures. An the terms or conditions of a permit placed there by the approved Notice to Proceed, automatically renews the Department, the applicant and permittee (appellant) have a access permit for the period of the Notice to Proceed. right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a CONSTRUCTION request for administrative hearing to the Transportation 1. Construction may not begin until a Notice to Proceed is Commission of Colorado within 60 days of transmittal of approved. (Code subsection 2.4] notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of 2. The construction of the access and its appurtenances Colorado, 4201 East Arkansas Avenue, Denver, Colorado as required by the terms and conditions of the permit shall 80222-3400. The request shall include reasons for the be completed at the expense of the permittee except as appeal and may include changes, revisions, or conditions provided in subsection 2.14. All materials used in the that would be acceptable to the permittee or applicant. construction of the access within the highway right-of-way or on permanent easements, become public property. Any 2. Any appeal by the applicant or permittee of action by a materials removed from the highway right-of-way will be local issuing authority shall be filed with the local authority disposed of only as directed by the Department. All fencing, and be consistent with the appeal procedures of the local guard rail, traffic control devices and other equipment and authority. materials removed in the course of access construction shall be given to the Department unless otherwise instructed by 3. In submitting the request for administrative hearing, the the permit or the Department inspector. appellant has the option of including within the appeal a request for a review by the Department's internal 3. The permittee shall notify the individual or the office administrative review committee pursuant to [Code] specified on the permit or Notice to Proceed at least two subsection 2.10. When such committee review is requested, working days prior to any construction within state highway processing of the appeal for formal administrative hearing, right-of-way. Construction of the access shall not proceed 2.9(5) and (6), shall be suspended until the appellant notifies until both the access permit and the Notice to Proceed are the Commission to proceed with the administrative hearing, issued. The access shall be completed in an expeditious and or the appellant submits a request to the Commission or the safe manner and shall be finished within 45 days from administrative law judge to withdraw the appeal. The two initiation of construction within the highway right-of-way. A administrative processes, the internal administrative review construction time extension not to exceed 30 working days committee, and the administrative hearing, may not run may be requested from the individual or office specified on concurrently. the permit. 4. Regardless of any communications, meetings, 4. The issuing authority and the Department may inspect administrative reviews or negotiations with the Department the access during construction and upon completion of the or the internal administrative review Committee regarding access to ensure that all terms and conditions of the permit revisions or objections to the permit or a denial, if the are met. Inspectors are authorized to enforce the conditions permittee or applicant wishes to appeal the Department's of the permit during construction and to halt any activities decision to the Commission for a hearing, the appeal must within state right-of-way that do not comply with the be brought to the Commission within 60 days of transmittal provisions of the permit, that conflict with concurrent of notice of denial or transmittal of the permit. highway construction or maintenance work, that endanger COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE-This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities(such as Utility, Special Use or Access Permittees),about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive-additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT—Please Review The Following Information Carefully—Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit,Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS-As indicated in the permit/clearance descriptions listed below,the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment(CDPHE)—General Information—(303)692-2035 Water Quality Control Division(WQCD)(303)692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp. • CDOT Water Quality Program Manager; Rick Willard (303)757-9343 • CDOT Asbestos Project Manager;Julia Horn (303)512-5519 • Colorado Office of Archaeology and Historic Preservation:(303)866-3395 • U.S.Army Corps of Engineers, District Regulatory Offices Omaha District(NE Colorado), Denver Office (303)979-4120 http://www.nwo.usace.armv.mil/html/od-tl/tri-lakes.html Sacramento Dist.(Western CO),Grand Junction Office(970)243-1199 http://www.spk.usace.armv.mil/cespk-co/reaulatorv/ Albuquerque District(SE Colorado), Pueblo Reg. Office(719)-543-6915 http://www.spa.usace.armv.mil/ree/ • CDOT Utilities,Special Use and Access Permitting:(303)757-9654 http://www.dot.state.co.us/Permits/ Ecological Resources—Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work,work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http://www.dot.state.co.us/environmental/Wildlife/Guidelines.asp,or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources—The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation(OAHP), Denver,to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work,work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP at(303)866-3395. General Prohibition—Discharges-All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint,automotive fluids, solvents,oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343,or the Colorado Department of Public Health and Environment,Water Quality Control Division(WQCD)at(303)692-3500. General Authorization-Allowable Non-Stormwater Discharges-Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State,the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation,diverted stream flows, uncontaminated ground water infiltration to separate storm sewers,discharges from potable water sources,foundation drains,air conditioning condensation, irrigation water,springs, footing drains;water line flushing,flows from riparian habitats and wetlands,and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone#'s listed above). Hazardous Materials, Solid Waste-The Solid Wastes Disposal Sites and Facilities Act C.R.S.30-20-100,et al,and Regulations Pertaining to Solid Waste Disposal Sites and Facilities(6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation(a landfill permit). The Colorado Hazardous Waste Act C.R.S.25-15-301 et al, and the Colorado Hazardous Waste Regulations(6 CCR 1007-3)prohibit the transfer,storage or disposal(TSD)of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore,all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point(e.g.,for solid waste,a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil,asbestos, chemicals,mine tailings,etc.) is encountered during the performance of work,the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info:Contact the CDOT/CDPHE Liaison at(303)757-9787. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November'07 Asbestos Containing Materials,Asbestos Contaminated Soil—All work on asbestos containing materials(ACM)must comply with the applicable requirements of the CDPHE Air Pollution Control Division's(APCD)Regulation 8. Disposal of ACM, and work done in asbestos-contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's(HMWMD)Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info:CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT proiects is available from Julia Horn, CDOT Asbestos Project Manager(303) 512-5519,or Theresa Santangelo-Dreiling, Property Management Supervisor(303)512-5524. Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities-Discharges of stormwater runoff from construction sites disturbing one acre or more-or certain types of industrial facilities-requires a CDPS Stormwater Permit. Contact Information:For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract,please contact the CDOT Water Quality Program Manager at(303)757-9343. Otherwise,contact the CDPHE Water Quality Control Division at(303)692-3500. Website:http://www.cdphe.state.co.us/wQ/PermitsUnit/wgcdpmt.html Construction Dewaterinq(Discharge or Infiltration)—Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at(303)692-3500. Website:http://www.cdohe.state.co.us/wq/PermitsUnit/wocdpmt.html Minimal Industrial Discharge Permit—Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit("MINDI"). Contact Info:Contact the CDPHE WQCD at(303)692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wacdomt.html Municipal Separate Storm Sewer System(MS4)Discharge Permit—Discharges from the storm sewer systems of larger municipalities,and from the CDOT highway drainage system that lies within those municipalities,are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit,the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information:Contact the CDPHE Water Quality Control Division at(303)692-3500 for a listing of municipalities required to obtain MS-4 Permits,or go to http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html#MunicipalFormsGuidance. Discharge of Dredged or Fill Material—404 Permits Administered By the U.S.Army Corps of Engineers,and Section 401 Water Quality Certifications Issued by the CDPHE WQCD-Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits,including Nationwide Permits,which are issued for activities with relatively minor impacts. For example,there is a Nationwide Permit for Utility Line Activities(NWP#12). However,depending upon the specific circumstances,it is possible that either a"General"or"Individual" 404 permit would be required. If an Individual 404 Permit is required,Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required(information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at(303)692-3500. Erosion and Sediment Control Practices-For activities requiring a Construction Stormwater Permit,erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required,all reasonable measures should be taken in order to minimize erosion and sedimentation. In either case,the CDOT Stormwater Quality and Erosion Control Guide(2002) should be used to design erosion controls. Contact Information:The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at(303)757-9313 or from: http://www.dot.state.co.us/environmental/envWaterQual/wgms4.asg Disposal of Drilling Fluids-Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as"discharges" or"solid wastes",and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way,and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains,storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids(less than 1 cubic yard of solids)may be left on-site after either being separated from fluids or after infiltration of the water,provided: 1)the drilling fluid consists of only water and bentonite clay,or, if required for proper drilling properties,small quantities of polymer additives that are approved for use in drinking water well drilling;2) the solids are fully contained in a pit,and are not likely to pose a nuisance to future work in the area,3)the solids are covered and the area restored as required by CDOT permit requirements(Utility,Special Use,or Access Permits, etc.). Contact Information: Contact the CDOT/CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout-Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters,or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343. Spill Reporting-Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at(303)512-4446(4H20),as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways,into waterways,or that may otherwise present an Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation November'07 immediate danger to the public shall be reported by calling 911,and shall also be reported to the CDPHE at 1-(877)-518-5608. Transportation of Hazardous Materials-No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed,described, packaged, marked, labeled,and in condition for shipment as required or authorized by applicable requirements,or an exemption,approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter-and intra-state HAZMAT Registration(303)969-6748. Colorado Public Utilities Commission: (303)894-2868. Paleontology-The applicant must request a fossil locality file search through the University of Colorado Museum,Boulder,and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work,all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at(303)757-9632. Working on or in any stream or its bank-In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct,diminish, destroy,change, modify,or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1)represented by a solid blue line on USGS 7.5'quadrangle maps;and/or 2)intermittent streams providing live water beneficial to fish and wildlife;and/or 3)segments of streams supporting 25%or more cover within 100 yards upstream or downstream of the project;and/or 4)segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife(CDOW) application, as per guidelines agreed upon by CDOT and CDOW,can be accessed at www.dot.state.co.us/environmental/wildlife/permitapplication.asa. About This Form -Questions or comments about this Information Summary may be directed to Dahir Egal,CDOT Safety&Traffic Engineering, Utilities Unit,at(303)757-9344,dahir.egalCohdot.state.co.us Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation November'07 State Highway Access Permit 1 Attachment to Permit No. 409041 -Additional Terms and Conditions 1. If there are any questions regarding this permit, please contact Tim Bilobran at (970) 350-2163. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit (CDOT Form No. 137) Permit(CDOT Form No. 101) and its two page attachment Exhibits: "A"- Access Plans "B"- Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon existing and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction(current edition). 6. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. All workers within the State Highway right-of-way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupation Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. At a minimum, all workers in the State Highway right-of-way, except when in their vehicles, shall wear the following protective equipment: * Head protection that complies with the ANSI Z89-1-1997 standard; * At all construction sites or whenever there is a danger of injury to feet, protective footwear that complies with the ANSI Z41-1999 standard will be worn; * High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107-1999, Class 2). Where any of the above-reference ANSI standards have been revised, the most recent version of the standard shall apply. 7. This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy State Highway Access Permit 2 Attachment to Permit No. 409041 -Additional Terms and Conditions upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such repairs. 9. The Department retains the right to perform any necessary maintenance work in this area. 10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 11. All costs associated with the maintenance of this access are the responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 12. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requires the Permittee to obtain a CDOT Landscaping Permit from the Traffic/Access Section. The access permit does not authorize that activity. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Linda McWilliams at the Greeley Traffic Office, (970) 350-2147 to obtain the Landscaping Permit. 13. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 14. If highway right-of-way fence exists or is proposed, the Permittee must contact Tim Bilobran at the Greeley Traffic Office, (970) 350-2163, prior to removal or installation. 15. The access shall be maintained at 32 feet wide with a 20 foot radii. 16. Surfacing of the access shall be maintained as per Exhibit "A". 17. The access shall be maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 18. The maintenance of the access and/or further development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. State Highway Access Permit 3 Attachment to Permit No. 409041 -Additional Terms and Conditions 19. The Department inspector may suspend any work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department inspector. 20. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction-Environmental Guidance webpage at http://www.dot.state.co.us/environmental/Forms/asP. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substance such as: wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System Permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air condition condensation, irrigation water, springs, footing drains, waterline flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. ANY OTHER DISCHARGES, including storm water discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from CDPHE before work begins. For additional information and forms, go to the CDPHE website at: http://cdphe.state.co.us/wq/PermitsUnit/wqu. 21. The Permittee is required to maintain all culverts found at this location and shall provide for proper side slopes. .. Issuing autnorlry appucauun (COLORADO DEPARTMENT OF TRANSPORTATION acceo+=^ ^^ate: STATE HIGHWAY ACCESS PERMIT APPLICATION LIUc� ,, 1\ r? Instructions: - Contact the Colorado Department of Transportation(CDOT)or your local government to determine your issuing authority. - Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form(some questions may not apply to you)and attach all necessary documents and Submit it to the issuing authority. Please print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority. - For additional information see CDCT's Access Management website at hthOwww.dot.state,co.us/AccessPermitstindex.htm 2)Agent for permittee(it different from property owner) 1)Property owner(Permittee) c ,L1f1NUr L /3,4GMEizA l Mailing address Street address L/ 7-- U :47-) -3 HAY VS City, state&zip Phone# City, state&zip Phone#(required) FcflT Lv/370/V0d ?dO 303- 1.51-917-0) E-mail address E-mail address if available .l7^ (d? 41 g IT D 1NTfr&. C'UYYI 3)Address of property to be served by permit(required) 19s3 Nur uS 7U2 T 14/p/-042, ( O ror7 / 4)Legal description of property:If within jurisdictional limits of Municipality,city and/or County,which one? township range block I lot section ''// county subdivision o t r/I Q W t �� I 6)What side of the highway? 5)What State Highway are you requesting access from? I I N SIn E W X1G1/% El s" 7)How many feet is the proposed access from the nearest mile post? How many feet is the proposed access from the nearest cross street? Y' \-115 feet[?}N❑S❑E0W)from: a A`\ feet PN❑S❑E0W)from: 8)What is the approximate date you intend to begin construction? 4S/41/2 9:)Check here if you are requesting a: m improvement to existing access Dnew a accessi use rary access(duration removalted:of access ) elocation of an existing access(provide detail) change in access use I I 10)Provide existing property use //G✓Se- 7or:tJ S,,,i#+/)cvw11 je,4124 /s/n of 1 1)Do you have knowledge of any State Highway access permits serving this property,or adjacent properties I which you have a property interest? pino O yes,if yes-what are the permit number(s)and provide copies: and/or,permit date: 12)Does the prope owner own or have any interests in any adjacent property? VI,no yes,if yes-please describe: 13)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the properly? no n yes,if yes-list them on your plans and indicate the proposed and existing access points. 14)If you are requesting/stti agricultural field access-how many acres will the access serve? o 15)If you are requesting commercial or industrial access please indicate the types and number of businesses d provide the floor area square footagesqu of ere fach. business/land use square footage business -, tc,.)=-4 ,4/2,5'hog 13% -Auzo II 16)If you are requesting residential developement access,what is the type(single family,apartment,townhouse)and number of units?type number of units type number of units 17)Provide the following vehicle count estimates for vehicles that will use the access.Leaving the property then returning is two counts. Indicate if your counts are #of passenger cars and light trucks at peak hour volumes N of multi unit trucks at peak hour volumes ®peak hour volumes or'average daily volumes. // Total count of all vehicles I S of single unit vehicles in excess of 30 ft. IS of farm vehicles(field equipment) X Previous editions are obsolete and may not be used Page 1 of 2 CDOT Form 4137 12/04 18)Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access,bordering roads and streets. e) Subdivision,zoning,or development plan. b) Highway and driveway plan profile. f) Proposed access design. c) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. d) Map and letters detailing utility locations before and after h) Traffic studies. development in and along the right-of-way. i) Proof of ownership. 1- It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the CDOT Planning/Construction-Environmental-Guidance webpage http://www.dot.state.co.us/environmental/Forms.asp. 2- All workers within the State Highway right of way shall comply with their employer's safety and health policies/ procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 107-1999, class 2); head protection that complies with the ANSI Z89.1-1997 standard; and at all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41-1999. Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shall apply. 3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: <http://www.dot.state.co.us/DesignSupport/>, then click on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Appli ssig ure Print name Date mA,v0,,_ pAct/6g23 s- r r- If/ ant is not the owner of the property, we require this application also to be signed by the property owner or t it gaily authorized representative (or other acceptable written evidence). This signature shall constitute agreement with is application by all owners-of-interest unless stated in writing. If a permit is issued, the property owner, in most cases, will be listed as the permittee. 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O2005 Defame.Street Ades USAO2006. li leen: .117--1 -75 > vnemdelame.ccm 1'=4,18&70 Dab Zoom 12-0 Jacqueline Hatch From: Donald Carroll Sent: Tuesday, June 16, 2009 1:27 PM To: Jacqueline Hatch Subject: RE: CR 18 Collector 80-feet at full build out, 60-feet existing. Original Message From: Jacqueline Hatch Sent: Tuesday, June 16, 2009 11:04 AM To: Donald Carroll Subject: CR 18 Don, Helllll000000 I'm writing up the staff comments for USR-1696 Balderas and was wondering what the classification is for CR 18 west of Hwy 85 including existing and future right-of-ways. . THANKS! ! Jacqueline 1 Page 1 of 1 Jacqueline Hatch From: Lauren Light Sent: Thursday, May 21, 2009 4:24 PM To: Jacqueline Hatch Subject: usr-1696 I looked at the plat and he does not need to show the primary and secondary septic envelopes with trench sizes as we don't know if that is accurate. Please have him take those off. Thanks.... Lauren Light,M.B.S. Environmental Planner,Environmental Health Services Weld County Department of Public Health&Environment 1555 N. 17th Ave. Greeley,CO 80631 970-304-6415 Ext.2211 (office) 970-304-6411 (fax) 5/21/2009 Hello