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HomeMy WebLinkAbout20102792.tiff WELD COUNTY SITE SP•IC DEVELOPMENT PLAN AND USE EllIPECIAL REVIEW(USR) APPLICATION 11 FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# $ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: multiple numbers,see numbers with Fee Owner information (12 digit number-found on Tax I.D. information, obtainable at the Weld County Assessor's Office,or www.co.weld.co.us.) Legal Description Section W'/3 Sec 26, E '/: E '/2 Sec 27, and All Sec 35 Township 11 North Range 67 West Section Sec 1 Township 10 North Range 67 West Flood Plain: not in a floodplain Zone District: Agricultural Total Acreage: approx. 300 acres Overlay District: not known (within 1412-acre USR) Geological Hazard: no known geologic hazards Airport Overlay District: not located in an overlay district FEE OWNER(S) OF THE PROPERTY: Parcel 0201270100003, 020127026001, 020127026002, 020127046001, 020127047001 Name L.G. Everist, Inc. Work Phone 303-286-2247 Home Phone Email ImshultsOlgeverist.com Address Attn: Lynn M. Shults Address 7321 East 88th Avenue, Suite 200 City/State/Zip Henderson, CO 80640 Parcel 020135000007, 030301000006 Name June H. Lehr Living Trust Work Phone Home Phone Email Address RR Box 98 11 Address City/State/Zip Texhoma, OK 73949 Parcel 020126000001 Name Lloyd E & Marjorie J Thomas Trustees Work Phone Home Phone Email Address 7900 County Road 120 Address City/State/Zip Carr, CO 80612 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name L.G. Everist, Inc. Work Phone 303-287-4656 Home Phone Email ImshultsOlgeverist.com Address Agent: Dennis Fields,Vice President Contact: Lynn M. Shults, Regulatory Manager Address 7321 East 88th Avenue, Suite 200 City/State/Zip Henderson, CO 80640 PROPOSED USE: Proposed use is a rail transload yard within the Carr Gravel Resource AmUSR-840. Parts of the property would be leased to various companies for off-loading, storage, and load-out of their industrial materials. The materials would generally arrive via rail and exit via truck. Each transload and storage project would be of a temporary nature. The current rail spur within the USR may be extended to form a complete loop to allow for more transloading. See Questionnaire for more details. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be % ied indicating that a signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent li EXHIBIT 2010-2792 C-WELD-SiteSpec&USR-Application-2010.doc /� L.G. V LRlw7' INC. OFFICE I 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 ■�,• PHONE 605-334-5000 FAX 605-334-3656 • MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 FAX 303-289-1348 April 7, 2010 Mr. Kim Ogle Weld County Planning 1555 North 17th Avenue Greeley, CO 80631 RE: Amendment to Use-by-Special-Review permit, AmUSR-840, Carr Gravel Resource Additional Information submitted for amendment application, 04/07/2010 Dear Kim: L.G. Everist respectfully submits additional information for the Site-Specific Development Plan and Use- by-Special Review Application to amend our current Carr Gravel Resource permit, AmUSR-840. • As requested by Weld County Planning, all parcels within AmUSR-840 must be included and must have affidavits and certified lists of surrounding landowners. Attached please find the affidavits and certified lists of the remaining two parcels in the USR that were not included in the original amendment application. The Traffic Impact Study is also included with this additional information. The application fee of$2,500.00 is included (Check 1661, dated 3/26/10). An electronic version of these additional materials has been sent to you via email. If anything more is needed to complete the application, please contact me at 303-286-2247 or by email at Imshults@lgeverist.com. Thank you for your help and guidance through this application process. Sincerely, / 2/4 Lynn Mayer Shults Regulatory Manager cc: Dennis Fields • C-WELD-SiteSpec&USR-CoverLetter-Add Info-040710 doc L.G. EVERISif INC. ORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 605-■�\� PHONE 605-334-5000 FAX 605-334-3656 • MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 FAX 303-289-1348 March 29, 2010 Mr. Kim Ogle Weld County Planning 1555 North 17th Avenue Greeley, CO 80631 RE: Amendment to Use-by-Special-Review permit,AmUSR-840, Carr Gravel Resource Dear Kim: L.G. Everist respectfully submits this Site-Specific Development Plan and Use-by-Special Review Application to amend our current Carr Gravel Resource permit, AmUSR-840. All application requirements are included except for the Traffic Study, which will be submitted under • separate cover soon. A list of the required items is attached for reference. The application fee of $2,500.00 is included (Check 1661, dated 3/26/10). If anything more is needed to complete the application, please contact me at 303-286-2247 or by email at Imshults@lgeverist.com. Thank you for your help and guidance through this application process. Sincerely, Lynn Mayer Shults Regulatory Manager cc: Dennis Fields • C-WELD-SiteSpec&USR-CoverLetter-032910.doc WELD COUNTY SITE SISFIC DEVELOPMENT PLAN AND USE IPECIAL REVIEW(USR) MAP REQUIREMENTS USR#: Am-USR-840 • Site Name: Carr Gravel Resource Applicant: L.G. Everist, Inc. (LGE) Summary: The applicant is applying for additional uses at the Can Gravel Resource, AmUSR-840. The proposed use would be in addition to the approved mining and reclamation plans that are already permitted. This application is not making any changes to the mining/reclamation operation. The proposed use we are applying for is a transload/storage yard within the site. The transload projects would all take place within an approximately 300-acre transload area, and would be temporary- 6 months or less. See the Weld County Site Specific Development Plan and Use by Special Review Questionnaire for more details on the proposed use. Copies of the Carr AmUSR-840 plat maps are attached for reference. The USR and plats were approved in 2001. The proposed additional use is a rail transload yard within the Carr AmUSR-840. Parts of the USR property would be leased to various companies to be used as a transload yard for off-loading, temporary storage, and load-out of their industrial materials. Each lease area would be at least 40 acres. The current rail spur within the USR may be extended to form a complete loop to allow for more efficient transloading. Attached are two maps titled Carr Transload Area showing the details of the transload/leasehold area. - Carr Transload Area, Exhibit A- shows typical leasehold areas, typical haul routes within the lease areas, detention pond, current and proposed rail spur, and potential drainage culvert under proposed rail spur - Carr Transload Area, Exhibit B -shows the haul route from the lease areas to the entrance/exit of the Carr Gravel Resource to Weld County Road 126 • • C-WELD-SiteSpec&USR-Map-2010.doc 1 ilkWELD COUNTY SITE SFINIFIC DEVELOPMENT PLAN AND USE PECIAL REVIEW(USR) QUESTIONNAIRE • USR#: Am-USR-840 Site Name: Carr Gravel Resource Applicant: L.G. Everist, Inc. (LGE) Summary: The applicant is applying for additional uses at the Carr Gravel Resource, AmUSR-840. The proposed use would be in addition to the approved mining and reclamation plans that are already permitted. This application is not making any changes to the mining/reclamation operation. The proposed use we are applying for is a transload/storage yard within the site. The transload projects would all take place within an approximately 300-acre transload area, and would be temporary-6 months or less. See the Weld County Site Specific Development Plan and Use by Special Review Questionnaire for more details on the proposed use. The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable", with an explanation as to why the question is not applicable. 1. Explain, in detail,the proposed use of the property. 1. General Proposal L.G. Everist, Inc. (LGE) requests additional uses at the Carr Gravel Resource,AmUSR-840. The proposed use would be in addition to the mining operations and approved reclamation plan that are already permitted. This proposal is not making any changes to the mining/reclamation operation. The proposed use is a rail transload yard within the mining AmUSR-840. Parts of the USR property would be leased to various companies to be used as a transload yard for off-loading,temporary storage, and load-out of their industrial materials. The materials would primarily arrive via rail and exit via truck (tractor trailer). Sometimes there may be projects which will require inbound trucks and/or outbound trains. Each transload and storage project would be of a temporary • nature- six(6) months or less. Each lease area would be at least 40 acres. The current rail spur within the USR may be extended to form a complete loop to allow for more efficient transloading. Because each transload project will be different, LGE will contact Weld County(by telephone or email) prior to new projects with details on said project, until any time in the future when Weld County may feel this notice is unnecessary. Notes on the current USR and permitted mining operation: - Although LGE is not requesting any changes to the permitted mining operation, LGE would like Weld County to know that the mining operation is significantly decreased,which has resulted in significant decreases to the number of LGE employees and the number of trucks hauling aggregate on County roads. - Railing materials outbound is already a permitted use. LGE has railed aggregates out of the Carr site since the site was permitted. - Copies of the current USR plat maps are attached for reference. 2. Materials to be transloaded The proposed transloaded materials may include the following and other similar materials: manufactured components related to alternative and green energy,windmill parts, large pipe and other manufactured items supporting the oil and gas industry,wire spools, miscellaneous bulk materials (building, agricultural, non-ferrous mineral), and other non- hazardous industrial materials. Various heavy mobile equipment(i.e. cranes,forklifts) needed for each transload project will be transported to the Carr site via rail or truck. All materials would only be stored temporarily on the Carr site-there will be no manufacturing associated with the transloaded materials while they are stored on the Carr site. 3. Leaseholders-crews and equipment • LGE will have leases/contracts with companies who will lease an area of our permitted property for the transloading and temporary storage of their materials. Usually the leaseholder company will provide the manpower and equipment needed to transload and store the materials-both inbound and outbound. Sometimes there may be transload projects where LGE employees will conduct the transload operation—unloading, storing, and loading-out the transloaded materials. C-WELD-SiteSpec&USR-Questionnaire-2010.doc 1 WELD COUNTY SITE SPIIFIC DEVELOPMENT PLAN AND USE SPECIAL REVIEW(USR) QUESTIONNAIRE • The type of transload equipment and number of people in the leaseholder's transload crew will vary with the type and amount of material being transloaded. Equipment used to transload materials from railcars to storage and then from storage to trucks may include, but is not limited to, cranes and forklifts. The leaseholders'transload crew size will vary depending on the quantities of, and the type/size of materials to be transloaded. LGE can only make a rough estimate that leaseholder crew sizes will generally be 5-10 people. LGE will contact Weld County prior to each project and give better estimates on the crew size for the specific project at that time. The leaseholder crews and equipment will be conducting their transload activities within an active mine site, but the leasehold areas will be separated from the mining operation. There will be no mining activities taking place in the leased areas. As required by our company rules and by the Mining Safety Health Administration (MSHA), the outside crews will need to check in at our office,where they will receive Site-Specific Hazard Awareness Training (this is the training that all visitors receive). 4.Transloading operations-timing Transloading inbound or outbound is a quick and efficient process by economic necessity. The transload crews want to unload from rail to our site and then (months)later load onto trucks as efficiently as possible. Load-in and load-out may take only one day, or may take a few days or weeks,depending on how the inbound/outbound shipments are scheduled. The leaseholders transload crews are only on site for the transload operations-they do not stay on site overnight, nor for extended periods. The crew is not needed during the time when a material is being stored-they are just needed during transloading. A transload crew will be on site for load-in, leave,then return when it is lime to load-out the materials. 5. Storage of transloaded materials The leased areas within the Carr AmUSR-840 will be used as temporary storage yards for transloaded materials—think of it as storage on route between their place of manufacture and their final location and use. The material storage is temporary-sometimes weeks, sometimes months, less than 6 months. • There will be no need for storage buildings in relation to this proposed use. There may be temporary cargo containers and/or trailers which will be used as storage for items related to the temporary material storage. No additional screening from adjacent properties and public rights-of-way is needed. As mentioned above, there will be no buildings. There is already screening in place in the form of a vegetated topsoil berm that runs about 200 feet, starting from the rail spur and goes south,which will screen the operations from public view. Furthermore, the area designated to be various leaseholds has already been mined, and is slightly lower than the land to the west of the permitted boundary, the Union Pacific Rail Road (UPRR) line,and Weld County Road 21. 6. Leasehold and transloadinq area The proposed transload leasehold area will be around 300 acres, with separate leasehold areas of at least 40 acres. The leasehold areas where materials would be transloaded and stored on the Carr site will be along the private rail spur located within the Carr site which comes off of the Union Pacific main line. As long as the processing plant for the mining operation is located on the north side of the rail spur,the transload area will stay on the south side-to keep the operations separate for safety and leasing/contract reasons. However,should the mining operation cease or the processing plant be moved to another place in the permitted mining area,the leasehold/transload areas could then be located on both the south and north sides of the rail spur. A map of the Carr Transload Area is attached for reference. Please note that the leasehold areas (Parcels A-G) shown on the map are"typical" examples of 40-acre leasehold areas. The leasehold areas will vary in location and size with each project, but will always be at least 40 acres. Transloading (load-in and load out) will be conducted on both sides of the rail spur, depending on the project. Typical haul routes in and out of the lease areas are also shown on the Carr Transload Area map. The route from each area is generally to the west of the transload area,then north out of the transload area to the north-south interior haul route which goes to the northern entrance of the Carr USR at Weld County Road 126. The road is more than adequate in • stability and width to handle oversize trucks associated with the transload operations. The road is graveled,fairly flat, has berms, and has had heavy truck traffic packing it down for many years. The road is approximately 50-feet wide and has a pull-out(tarping)area approximately 300-feet long. C-WELD-SiteSpec&USR-Questionnaire-2010.doc 2 WELD COUNTY SITE SaFIC DEVELOPMENT PLAN AND USE I PECIAL REVIEW(USR) QUESTIONNAIRE • 7. Rail spur—proposed expansion The current private rail spur on the Carr site within the derail lock is approximately 6000 feet long. (Note:A derail lock is a safety device that goes over railroad tracks and when the derail lock is in place, trains cannot cross in either direction. Trains would fall off the tracks if they tried to cross the derail lock.)The 6000-foot rail spur within the derail lock is owned and maintained by LGE. The tracks outside the derail lock are owned and maintained by Union Pacific Railroad. Future contracts may or may not increase to a point that adding length to the rail spur would be economically viable. With this permit proposal,we would like to permit for the allowance of constructing additional rail within the Carr site. The proposed additional rail would add a loop to the spur that would double the length of the rail spur and connect back to the beginning of the rail spur. With the increase in rail spur length,the area adjacent to it would be additional area to be used for easy transloading and storage. The current rail spur and proposed potential expansion are shown on the Carr Transload Area map. 8. Inbound and outbound transportation methods and quantities Primarily,the materials will be brought to the site by rail and then hauled out of the site by truck (tractor trailer). LGE expects the vast majority of inbound materials will come to the site by rail and leave by truck. However some materials may have to come to the site by tractor trailer, and some materials may leave by rail. Having materials come into our site by tractor trailer is not the preferred method, however,there may be times when rail access is unavailable(somewhere along the route) and the materials would need to be brought in to the site by tractor trailer. Primarily,the materials will leave the site by truck. Some trucks may be oversized to accommodate large materials. All oversize trucks will be permitted as required by Weld County and/or CDOT. (see paragraph 9.) The number of trains inbound and trucks outbound will be different for each transload project. We cannot give an estimated number of trucks due to the fact that each project will be different. However, as mentioned above,the rail load- in and truck load-out for each project may take only one day, or may take a few days or weeks,depending on how the inbound/outbound shipments are scheduled. In all cases,the load-in/load-out operations for each project are temporary, • and have very short-lived use of Weld County roads. 9. Designated haul route on Weld County roads and oversize transportation permits L.G. Everist, Inc. (under the operator name of Andesite Rock Company) is already in a Long-Term Road Maintenance and Improvements Agreement with Weld County, dated February 28, 2001, and with a record number 2831899, recorded March 12, 2001. This agreement can be updated to include: the updated company name, and the preferred west-bound haul route on WCR 126 for oversize trucks. The current agreement already noted the east-bound route as going out the north entrance and east along WCR 126(once the road had been paved). The recommended haul route for haul trucks associated with this proposed use is: Enter/Exit from the Carr AmUSR-840 north entrance to Weld County Road 126 and travel to/from the west to Interstate 25. An alternative route,dependent on the size and weight of the trucks and on Weld County approval,would be to travel to the east on Weld County Road 126 to State Highway 85. LGE understands that transportation of many of the transloaded materials by tractor trailer will require oversize permits. The transload/leaseholder and trucking companies will be responsible for getting all the necessary oversize permits from Weld County and CDOT. The transload and trucking companies will work with Weld County Public Works with each project to determine the best route to take for the materials'final destination. Please note that trucks that are used for oversize loads are specially designed to accommodate the cargo so that the maximum weight on any one axle does not exceed state and county road weight limits. We do not feel that a Traffic Study is warranted as this time due to the temporary and varied nature of future transload projects (i.e. quantity of trucks, size of trucks, and length of hauling schedule)and the significant decrease in our mining operation. We understand that a traffic study may be needed at some time in the future if there is a significant increase in truck traffic to a point where it approaches or exceeds County thresholds. • C-WELD-SiteSpec&USR-Questionnaire-2010.doc 3 WELD COUNTY SITE S FIC DEVELOPMENT PLAN AND USE fPECIAL REVIEW(USR) QUESTIONNAIRE • 10. Compatibility and non-interference with the Mining Operation The proposed use will not interfere with our mining operation. The areas needed for transload and storage have already been mined and will be kept separated from mining operations. There is no change needed for drainage from what is already in place with the current USR and mining plan. The proposed use will not require any water use,except for perhaps dust control on the leased area as needed. There is also no change needed to the landscape plan from what is already in place with the current USR mining and reclamation plans. When the mining is completed and whenever the transloading operations cease,the site will be reclaimed as rangeland—as is currently approved in the USR and state permits. Mining operations can continue on the site unimpeded by the transload operations. The remaining areas to be mined are mostly to the south of the proposed transload use. LGE will ensure that any aggregate hauling, processing, or other mining-related operations will not interfere with the transload operation and vice versa by specifying separate areas for the separate activities and maintaining separate on-site mining haul routes. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. The proposed use of a rail transload yard (within a property which has an approved Use-by-Special-Review for Mining Operations) is consistent with the intent of the Weld County Code, Chapter 22, Comprehensive Plan, Section 22-2-80- Industrial Development Goals and Policies, Part C. I. Goal 3, Part D. I. Goal 4, Part E. I. Goal 5, Part F. I. Goal 6, and Part G. I.Goal 7. Part C. I. Goal 3. Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments. • Weld County Road 126 is considered the main haul route associated with the project,and is adequate in width, classification, and structural capacity to serve the project. WCR 126 is designated as a collector status road with an 80- foot right-of-way at full build out. Trucks associated with the proposed use being added to AmUSR-840 will use WCR 126 and head east or west to state highways. The USR plat already designated a 40-foot setback from the centerline of WCR 126 to accommodate the full build out width of the WCR 126. Part D. I. Goal 4. All new industrial development should pay its own way. There has already been and will continue to be cooperation between Weld County, CDOT, and the various companies who will have temporary projects related to the proposed use as a transload yard. All oversized trucks will pay the required oversize trucking fees assessed by Weld County-which is consistent with the requirement of this part for new development to pay additional costs associated with the services they impact. Part E. I. Goal 5. New industrial uses or expansion of existing industrial uses should meet existing federal, state and local policies and legislation. (1) I. Policy 5.1. Industrial uses should be evaluated using criteria, including but not limited to the effect the industry would have on air and water quality, natural drainage ways, soil properties and natural patterns and suitability of the land. (2)I. Policy 5.2. Development improvements should minimize permanent visual scarring from grading, road cuts and other site disturbances. Require stabilization and landscaping of final land forms, and that runoff be controlled at historic levels. The proposed use is being permitted to meet existing federal,state and local policies and legislation. The proposed use will occur within AmUSR-840,which has been approved for mining with rail operations-a compatible use. The site already has stormwater drainage controls and structures in place,which will be sufficient for the proposed use. The proposed use will have little to no impact on air and water, since the use is simply unloading from rail, storage of materials, and loading onto truck. The transload operations will be temporary projects not requiring any permanent structures/buildings and the final end use of the property will be rangeland which is consistent with the Agricultural zoning and the surrounding lands. • C-WELD-SiteSpec&USR-Questionnaire-2010.doc 4 WELD COUNTY SITE sPP FIC DEVELOPMENT PLAN AND USE ilIPECIAL REVIEW(USR) QUESTIONNAIRE • F. I. Goal 6. Minimize the incompatibilities that occur between industrial uses and surrounding properties. The incompatibilities that occur between the proposed industrial use as a transload yard and the surrounding properties are minimized due to various factors. The closest distance the transload yard will be from neighboring properties is to the west—where it will be around 2000 feet to the closest residence. The Union Pacific rail line and Weld County Road 21 are between the residence and this permitted property. Furthermore,there is an earthen berm in place along the west side of the property which shields surrounding landowners and roads from visual and noise impacts. There will be no buildings, since the transload operation is for temporary storage of large materials. The USR-permitted mining operation has been in place for almost 20 years,the transload operation will not cause any significant changes for the surrounding landowners. The USR requirements already address weed control and waste disposal. The transload operations would be under the same requirements. G. I. Goal 7. Recognize the importance of railroad infrastructure to some industrial uses. The proposed use is consistent with this part—the proposed use will use the current Union Pacific main line,the private rail spur within the USR property, and possibly expand the spur as warranted by future projects. Because the USR- permitted mining operation has been in place for almost 20 years, and has used the rail line for the duration, the transload operation will not cause any significant changes for the surrounding landowners. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. Sec. 23-3-40. Uses by special review. R.Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop. AA. More than one (1)cargo container per legal lot or parcel. • Sec. 23-3-330. 1-3(Industrial)Zone District. C.Accessory Uses. The following BUILDINGS, STRUCTURES and USES may be allowed in the 1-3 Zone Districts so long as they are clearly incidental and accessory to the Use Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards set forth in Sections 23-3-340, 23-3-350 and 23-3-360 below. 1. OFFICES for USE by operators of the Use Allowed by Right. 2. Loading areas or STRUCTURES. 3. Parking areas or STRUCTURES. The proposed use is consistent with Weld County Code,Chapter 23, Division 1 A(Agricultural)Zone District, Section 23- 3-40- Uses by Special Review, Parts R and AA. The proposed use is also consistent with Weld County Code, Chapter 23, Division 4 Industrial Zone Districts, Section 23-3-330, Part I-3 (Industrial)Zone District. The proposed use is consistent with 23-3-40 Part R because it is a use permitted as a Use by Special Review and the property is not a Lot in a Subdivision plat. The proposed use is consistent with 23-3-40 Part AA because there may be more than one(1) cargo container used on the property at any one time, depending on the temporary projects. The proposed use is consistent with 23-3-330 because the proposed use as a transload yard will require accessory Loading Areas, Parking Areas, and possibly temporary trailers used as offices as listed in this part. 4. What type of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). The proposed transload area is within an approved mining USR. Both uses within the USR are industrial in nature, so are compatible with each other. The mining and transload operations both use the rail spur within the property, the interior haul road to the north entrance of the site, and in the case of storm events,the detention pond that is already in place for the mining operation will certainly be able to accommodate runoff from the transload lease areas. • The proposed use is compatible with surrounding uses outside of the permitted property also. The surrounding uses are varied and include: a Weld County gravel pit to the south, agricultural lands(rangeland), a natural area to the east (Lone Tree Creek—which will not be affected), and to the west is the Union Pacific rail line which will be used to bring in the transload materials. West of the rail line and County Road 21, and north of the proposed use is the Town of Carr. C-WELD-SiteSpec&USR-Questionnaire-2010.doc 5 WELD COUNTY SITE S•IFIC DEVELOPMENT PLAN AND USE •PECIAL REVIEW(USR) QUESTIONNAIRE • The end use of the property will be rangeland, as was already approved for the USR. This will be compatible with all surrounding uses. Please see the answers to questions 2 and 3 for a description of how this use is compatible to the Weld County Comprehensive Plan and parts of the Weld County Code and the Agricultural Zone district. 5. Describe, in detail,the following: 5.a.Number of people who will use this site Persons using this site will include LGE employees(estimated 5-6), leaseholder transload crews (estimated 5-10),truck drivers (estimated 10-20),vendors (estimated 1-2), and other miscellaneous visitors and inspectors(estimated 1-2). All transload projects will vary, and LGE will send Weld County detailed information on each project prior to its start. The leaseholder companies'transload crews will vary depending on the quantities of, and the type/size of materials to be transloaded. LGE can only make a rough estimate that leaseholder crew sizes will generally be 5-10 people for unloading railcars and loading-out trucks. The crews will only be on site for a few days/weeks to unload railcars and then load-out trucks. Leases are temporary and will generally run 6 months or less. The number of trucks (i.e.truck drivers) on site will vary with each transload project and the load-out schedule. A very rough estimate is 8-12 truck drivers per day during load-out times. The load-out to trucks is estimated to take a few days to a few weeks depending on the size and schedule of the transload project. LGE will contact Weld County prior to each project and give more details and better estimates on the crew size and trucking schedule for the specific project. Note: Although LGE is not requesting any changes to the permitted mining operation, LGE would like Weld County to know that the mining operation is significantly decreased, which has resulted in a decrease in the number of LGE employees present on site—around 5-6 employees. • 5.b.Number of employees proposed to be employed at this site The estimated number of LGE employees present on site-around 5-6 employees. 5.c.Hours of operation The hours of the mining operation are not changing. LGE requests extended hours for the proposed transload operation. There may be projects when the trains or trucks will come in to the Carr site for unloading over a weekend and when loading-out via rail or truck will have to be scheduled during weekend or nighttime hours. If Weld County requests, LGE,the leaseholder, and/or the trucking companies will contact Weld County any time that extended hours will be needed for a project. 5.d.Type and number of structures to be erected (built)on this site There will be no buildings built on this site in relation to the proposed use. The current private rail spur may be extended to form a complete loop to allow for more efficient transloading. The proposed rail spur is shown on the Carr Transload Area map,attached for your reference. 5.e.Type and number of animals, if any,to be on this site There will be no animals on this site in relation to the proposed use. • C-WELD-SiteSpec&USR-Questionnaire-2010.doc 6 WELD COUNTY SITE SUFIC DEVELOPMENT PLAN AND USE •PECIAL REVIEW(USR) QUESTIONNAIRE • 5.f. Kind of vehicles (type,size,weight)that will access this site and how often The vehicles that will access the site for the proposed use may include: unit trains with the transload materials for storage, regular sized trucks(18-wheelers) and oversized trucks to load-out the materials, and passenger vehicles. The number, size, length and weight of trucks needed for load-out will vary with each project. LGE will contact Weld County with vehicle details for each project prior to the start of the project. Some of the vehicles that may be typical to be used on-site for the transload operations are as follows: - Trains - Cranes—40-ton,60-ton, 100-ton - Forklifts—5-ton, 10-ton - Trucks—18-wheelers, specialized trucks for oversize loads See an traffic example for a typical windmill transload project in the"Traffic Study Information"section of this application. 5.g.Who will provide fire protection to the site Nunn Fire District will continue to provide fire protection to the site. This is not a change. 5.h.Water source on the property (both domestic and irrigation) This proposed new use is temporary—under 6 months,therefore no water source is required. Regardless, no water will be needed for the proposed transload operations. If any dust suppression is needed for roads or other areas within the leased areas, LGE can supply water from the water right that LGE has on the Lone Tree Creek. The right is absolute and allows pumping up to 150 acre-feet/year, contingent upon water availability in the creek. The water right also allows a 20-acre-foot storage capacity. This is not a change. • 5.1. Sewage disposal system on the property(existing and proposed) No sewage disposal system will be needed for the proposed transload operations due to the temporary nature of the projects—6 months. Furthermore, as explained above,transload crews are only on site to unload materials for storage and then to load-out materials for transport. The crews are only on site for a few day/weeks at load-in and load-out and then are not on site during the period of storage. 5.j. If storage or warehousing is proposed,what type of items will be stored No buildings or warehousing will be needed for the proposed transload operations. Some projects may bring in one or more cargo containers or trailers to store small items necessary to the transload operation. 6. Explain the proposed landscaping for the site.The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. There is no change needed to the landscape plan from what is already in place with the current USR mining and reclamation plans. When the mining is completed and the transloading operations cease,the site will be reclaimed as rangeland—which is the currently approved reclamation in the USR and state permits. Please see the attached Carr AmUSR-840 plat maps for reference to what is already approved for the overall permitted property. No additional screening from adjacent properties and public rights-of-way is needed. As mentioned above,there will be no buildings. There is already screening in place in the form of a vegetated topsoil stockpile that runs about 200 feet, starting from the rail spur and goes south,which will screen the operations from public view. Furthermore,the area designated to be various leaseholds has already been mined, and is slightly lower than the land to the west of the permitted boundary, the Union Pacific Rail Road (UPRR) line, and Weld County Road 21. • C-WELD-SiteSpec&USR-Questionnaire-2010.doc 7 WELD COUNTY SITE SPIOFIC DEVELOPMENT PLAN AND USE EOPECIAL REVIEW(USR) QUESTIONNAIRE • 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. The reclamation for the leased areas will be same as the method used and approved for the Carr USR: Stripped topsoil and overburden are replaced in the excavated portions of the mining (and transload)operation by scrapers. The overburden is replaced first, and then about 6-8 inches of topsoil is replaced. The area will be revegetated by drill seeding, using the grass seed mix that has been already approved for the state reclamation permit. Permanent, sustainable revegetation of the backfilled areas of the site are established within one or two years. This method of reclamation has resulted in very successful and permanent grass stands on the reclaimed areas of the current permit site. There are no trees or shrubs on the leased area to be disturbed, so none will be installed for reclamation. 8. Explain how the storm water drainage will be handled on the site. Sufficient drainage control and capacity is already in place for the Carr USR. No new drainage controls will need to be constructed (unless the rail spur loop is completed). Various drainage controls include man-made and natural controls. The ground at the Carr site is highly permeable and stormwater soaks in to the soil before it can"run off." A large detention pond which has been used as a stormwater detention pond for the mining operation is available and will be used as a detention pond for the leased areas. The pond is located in the southeast section of the proposed leased area. This pond is shown on the Carr Transload Area map. This pond is more than large enough to accommodate any storm water flows from all of the leased areas. The lease areas are not new acreage, but acreage that has been part of the permit since it was approved, so the drainage controls have already been working for these areas—they will just be designated as transload areas. Any storm water within the leased area will flow and drain naturally from the northwest to the southeast—where the detention pond is located. • All of the leased area south of the original east-west rail spur has been mined and graded and is therefore lower than surrounding areas. To the west, and outside the property, is the Union Pacific Rail line—stormwater flows from west to east, so the rail line will not be affected by the leasehold area. To the east there is a interior haul road just outside the leased area that is higher ground, so this road will prevent any stormwater runoff from going father east to Lone Tree Creek. To the south,this area is mined, and partially reclaimed, and any stormwater flows that happened to come this way would be welcome to help with vegetative growth. If the proposed rail spur loop is constructed, a culvert will be constructed under the southeast"corner"of the loop, which will allow stormwater run-off to naturally drain to the detention pond from the leasehold areas to the west. If and when the mining operation processing plant and settling ponds are removed and the area to the north of the rail spur is leased, one of the settling ponds will remain as a stormwater detention pond. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. The area south of the rail spur that is to be leased for the proposed transload operation has already been mined and is graded. The area north of the rail spur that may be leased after the mining processing plant is removed has not been mined. All areas to be leased are stabilized due to having heavy mobile equipment(loaders, scrapers, haul trucks, over- the-road trucks)traveling over the areas for the past twenty years. There will be no buildings or other permanent structures needed for the leasehold areas because all uses are temporary. Therefore,the areas to be leased do not need any preparation or construction. If and when the rail spur is increased to create a full loop, the land around it will be stabilized and compacted prior to leasing for transload operations. No landscaping is needed for the leasehold areas because they are already shielded from public view by the vegetated topsoil berm described in Question 6. Landscaping the leasehold areas is not necessary due to the temporary nature of the projects. Furthermore,the nature of the proposed use—temporary storage of large transloaded materials, moving those materials from rail to storage area, load out of the materials by truck—all proposed transload operations would • hinder landscaping and vegetative growth. Reclamation will be carried out for the leased areas when the entire USR site is shutting down. Reclamation will be carried out as described above in Question 7. C-WELD-SiteSpec&USR-Questionnaire-2010.doc 8 WELD COUNTY SITE S•IFIC DEVELOPMENT PLAN AND USE SPECIAL REVIEW(USR) QUESTIONNAIRE • 10. Explain where storage and/or stockpile of wastes will occur on this site. The proposed transload operation does not generate waste per se since it is strictly an operation of handling(unload, load out)and storing transloaded products.There may be a minimal amount of inert trash, including consumer waste(food wrapping, drink containers). This minimal waste will be properly handled, stored,and disposed of in a manner that controls fugitive dust, blowing debris and other nuisance conditions. Trash receptacles, including, but not limited to lidded trash cans and dumpsters shall be used within each leasehold to contain any trash/waste. All wastes shall be removed for final disposal in a manner that protects against surface and groundwater contamination. The Carr USR already has a waste/trash disposal service which will be used by the transload operations as well. There will be no stockpiling of waste. • • C-WELD-SiteSpec&USR-Questionnaire-2010.doc 9 WELD COUNTY SITE SP•IC DEVELOPMENT PLAN AND USE B•ECIAL REVIEW(USR) EMERGENCY INFORMATION SHEET • USR#: Am-USR-840 Site Name: Carr Gravel Resource Applicant: L.G. Everist, Inc. (LGE) Summary: The applicant is applying for additional uses at the Carr Gravel Resource, AmUSR-840. The proposed use would be in addition to the approved mining and reclamation plans that are already permitted. This application is not making any changes to the mining/reclamation operation. The proposed use we are applying for is a transload/storage yard within the site. The transload projects would all take place within an approximately 300-acre transload area, and would be temporary-6 months or less. See the Weld County Site Specific Development Plan and Use by Special Review Questionnaire for more details on the proposed use. The Weld County Business Emergency Information sheet for Carr Gravel Resource is attached. • • C-WELD-SiteSpec&USR-Emergency)nfo-2010.doc • • FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name: L.G. Everist, Inc. -Carr Gravel Resource Phone: 970-897-2611 Site Address: 61000 Weld County Road 21 City, ST,Zip: Carr, CO 80612 Business Owner: L.G. Everist, Inc. Phone: 303-287-4656 Owner Address: 7321 East 88`h Avenue, Suite 200 City, ST,Zip: Henderson, CO 80640 List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Rick Riley Superintendent site address o-970-897-2611,c-303-941-8665 Terry Woodworth Superintendent owner address o-303-286-2243,c-303-877-4709 Lynn Shults Regulatory Manager owner address o-303-286-2247,c-303-514-2778 Site Business Hours: daylight, some evenings Days: primarily Monday-Friday, some weekends Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of Alarm Company: not applicable Location of Safe: not applicable MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 2 Location(s): front of Carr Gravel Resource office trailer Note: this is not new,the office trailer is part of the approved AmUSR-840, Carr Gravel Resource Is alcohol stored in building? NO Location(s): not applicable Are drugs stored in building? NO Location(s): not applicable Are weapons stored in building? NO Location(s): not applicable The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: Carr Gravel Resource office trailer Gas Shut Off: not applicable Exterior Water Shutoff: not applicable Interior Water Shutoff: not applicable • C-WELD-SiteSpec&USR-EmergencylnfoForm-2010.doc -12- WELD COUNTY SITE SISFIC DEVELOPMENT PLAN AND USE •PECIAL REVIEW (USR) WELD COUNTY ROAD ACCESS INFORMATION SHEET • USR#: Am-USR-840 Site Name: Carr Gravel Resource Applicant: L.G. Everist, Inc. (LGE) Summary: The applicant is applying for additional uses at the Carr Gravel Resource, AmUSR-840. The proposed use would be in addition to the approved mining and reclamation plans that are already permitted. This application is not making any changes to the mining/reclamation operation. The proposed use we are applying for is a transload/storage yard within the site. The transload projects would all take place within an approximately 300-acre transload area, and would be temporary-6 months or less. See the Weld County Site Specific Development Plan and Use by Special Review Questionnaire for more details on the proposed use. Please see attached Weld County Road Access Information sheet. The main access to/from Weld County Roads into the site is on the south side of Weld County Road 126, east of the Town of Carr, east of the Union Pacific Railroad line, and west of a bridge over Lone Tree Creek. The access is already existing and has been used by the permitted sand and gravel mining operation for many years. This main access is the access that will be used for the additional proposed use—transload/storage yard. The access/entrance to the Carr Gravel Resource was improved last year to Weld County specifications and approval. The access was widened to at least 150-foot radius and the gate at the entrance was moved farther back into the site to accommodate the widened entry and allow for the oversize vehicles that are used for transporting transloaded materials. The fence on either side of the gate was also moved to allow for the widened 150-foot radius entrance. • • C-WELD-SiteSpec&USR-RoadAccess-2010.doc • DUST ABATEMENT PLAN OPERATOR: L.G. EVERIST, INC. SITE NAME: CARR GRAVEL RESOURCE PERMIT: WELD COUNTY- 2n° AmUSR#840 USE: GRAVEL MINING AND TRANSLOAD / STORAGE OPERATIONS GRAVEL MINING OPERATIONS A dust abatement plan is already in place for the mining operation. It is required by the state (CDPHE-Air Quality Control Division) as part of the air permit for the site. The Dust Abatement Plan was submitted to Weld County and approved in 2001, as part of the first USR amendment. There is no change needed for this plan in regards to the second amendment. TRANSLOAD/STORAGE OPERATIONS Weld County Environmental Health has requested a Dust Abatement Plan for the lease hold areas, as part of the second USR amendment in 2010. 1. L.G. Everist can supply water to leaseholders from the Everist Well for dust control. 2. A water truck will be located on site for use in dust control. If the water truck is not available, another means of spreading water on roads for dust control will be performed (example—front end loaders • can fill their buckets with water and then tip down slightly to spread the water). 3. The leaseholders will have access to the water and to the water truck or other water spreading equipment. The leaseholders may also supply their own water spreading equipment. 4. Speed limits will be limited in the leaseholder areas to 30 m.p.h. (which is the maximum allowed speed throughout the entire site and mining operations). 5. Haul roads shall be graveled and/or compacted to control fugitive dust. 6. Chemical stabilizers may be used (per manufacturers' instructions) on haul roads, staging areas, and other travelways as needed. 7. Leaseholders will be required to ensure that no off-property transport of visible dust emissions shall occur. • LM/C-WELD-SiteSpec&USR-DustAbatementPlan-2010.doc • WASTE HANDLING PLAN OPERATOR: L.G. EVERIST, INC. SITE NAME: CARR GRAVEL RESOURCE PERMIT: WELD COUNTY-2ND AmUSR#840 USE: GRAVEL MINING AND TRANSLOAD / STORAGE OPERATIONS LIST OF WASTES EXPECTED TO BE GENERATED ON SITE TYPE VOLUME * DISPOSAL COMPANY Used oil 1000 gallons/year Tri-State Oil Reclaimers Regular trash 52 cu. yards/year Waste Management Sanitary Waste not known * Triple J Pumping *The estimated volumes of used oil and regular trash are from the mining operation. The transload/ storage operations will have virtually no waste except sanitary waste. Both the mining operations and the transload/storage leaseholders will generate sanitary waste, and the volume is dependent on number of leaseholders. Sanitary facilities (port-a-potties)will be required for all leases. LIST OF CHEMICALS EXPECTED TO BE STORED ON SITE • The only chemicals stored on site are those related to the mining operations—fuels, oils, lubricants—all needed for mobile and processing equipment. This is not a change. The amended additional use will be transload/storage operations of generally large, finished items (windmill parts, pipe, bulk materials, etc.). The only maintenance associated with the transload/storage operations may be minor modifications to rail cars—which will be done by the lessee and using their mechanics' service trucks. No chemicals will be stored on site. DISPOSAL COMPANIES -ADDRESSES AND PHONES Tri-State Oil Reclaimers (collect once a month) 1770 Otto Road Cheyenne, WY 82207 Phone: 303-825-0742 Waste Management of Northern Colorado (collect once a month) 40950 Weld County Rd. 25 Ault, CO 80610 Phone: (866) 482-6319 Triple J Pumping (collect once a week) 308 Southwest Drive Cheyenne, WY 82007 Phone: 307-632-6476 • LM/C-WELD-SiteSpec&USR-W asteHandPlan-2010.doc STATE OF COLORADO ac•coto • COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT O AIR POLLUTION CONTROL DIVISION »e TELEPHONE: (303) 692-3150 "„ ,* *1876 CONSTRUCTION PERMIT PERMIT NO: 89WE068F FINAL APPROVAL DATE ISSUED: JANUARY 9, 2003 Modification -3 avd-reAsJui l Jul Zm ISSUED TO: Andesite Rock Company e..fo;,„+, T Juc,-2 Mst &ts .b C&i&' THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and Gravel Operation located at 61000 WCR 21, Carr, Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Material Extraction, Handling,Stockpiling, Hauling,and Associated Conveyors and Transfer Points. • THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S.(25-7-101 et seq),TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%)opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30%opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.&4.) 2. The particulate emission control measures listed on the attached page (as approved by the Division)shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 3. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Daily records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,III.A.4) Production of sand and gravel shall not exceed 6,000 tons per day or 1,000,000 tons per year. • 123/0186/001 ver. 2/00 Andesite Rock Company Permit No. 89WE068F Initial Approval Colorado Department of Public Health and Environment Page 2 Air Pollution Control Division • 4. Fugitive particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, III.A.4) Particulate Matter: 39.73 tons per year PM10 (Particulate Matter<10 µm) 9.07 tons per year. Note: Compliance with these fugitive emission limits shall be demonstrated by not exceeding the production limits in condition number 3 and by following the attached particulate emissions control plan. 5. Emissions of air pollutants from transfer points shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Reg. 3, Part B, III.A.4) Particulate Matter: 0.75 tons per year PM,o (Particulate Matter<10 gm). 0.36 tons per year. 6. This permit is for the activities specified above, any additional process equipment(i.e. crushers, screens,etc.)to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, IV.E.) 7. A revised Air Pollutant Emission Notice(APEN)shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: • For any criteria pollutant: For sources emitting less than 100 tons per year,a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 8. All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart OOO whenever there is primary crushing capacity greater than 150 tons per hour(portable equipment)or 25 tons per hour(fixed equipment)at this location as follows: a. Visible emissions from conveyors and transfer points shall not exceed 10% opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in • the gases discharged to the atmosphere. (§ 60.12) 123/0186/001 ver. 2/00 Andesite Rock Company Permit No. 89WE068F Initial Approval Colorado Department of Public Health and Environment Page 3 Air Pollution Control Division • b. Written notification of construction and initial startup dates shall be submitted to the Division as required under§ 60.7. c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. d. Compliance with opacity standards shall be demonstrated according to§ 60.11. e. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division,which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) 9. All previous versions of this permit are canceled upon issuance of this permit. By: �-- By: Si Jonathan Akins Roland . H a, P. . Permit Engineer Unit Leader Initial Approval issued December 5, 1989 • IA Modification 1 issued January 5, 1995, increased throughput from 500,000 tons per year FA Modification 2 issued April 4, 1997 This FA Modification 3, decreased throughput from 8,000 tons per day and 1,400,000 tons per year. • 123/0186/001 ver. 2/00 Andesite Rock Company Permit No. 89W E068F Initial Approval Colorado Department of Public Health and Environment Page 4 Air Pollution Control Division • Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2. This source is subject to the Common Provisions Regulation Part II,Subpart E, Upset Conditions and Breakdowns.The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible,but no later than two(2)hours after the start of the next working day,followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3. The emission levels contained in this permit are based on the following emission factors(any change in operations may change these factors): Particulate Matter: 0.0015 pounds per ton of sand and gravel PM,()(particles less than 10 microns): 0.0007 pounds per ton of sand and gravel Fugitive Particulate Matter: 0.0795 pounds per ton of sand and gravel Fugitive PM,()(particles less than 10 microns): 0.0181 pounds per ton of sand and gravel 4. This source is classified as a: Minor source 5. In accordance with C.R.S.25-7-114.1,the Air Pollutant Emission Notice(APEN)associated with this permit is valid for a term of five years. The five year term for the APEN received with this permit • application expires on October 7, 2007. A revised APEN shall be submitted no later than 30 days before the five year term expires. • 123/0186/001 ver.2/00 Andesite Rock Company Permit No. 89WE068F Initial Approval Colorado Department of Public Health and Environment Page 5 Air Pollution Control Division • PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities -Visible emissions not to exceed 20%, no off-property transport of visible emissions. b. Haul Roads- No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks -There shall be no off-property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. 3. Emissions from material handling(i.e.removal,loading,and hauling)shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. • 4. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 30 m.p.h.Speed limit signs shall be posted. 5. Vehicle speed on haul roads and service roads shall be restricted to 30 miles per hour. Speed limit signs shall be posted. 6. Unpaved haul roads shall be watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 7. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 8. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 9. Plant entryway,truck service roads,and concrete batching areas shall be graveled.Watering shall be implemented if emission guidelines above are not met. • 123/0186/001 ver. 2/00 Andesite Rock Company Permit No. 89WE068F Initial Approval Colorado Department of Public Health and Environment Page 6 Air Pollution Control Division • GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 1. This permit is issued in reliance upon the accuracyand completeness of information supplied by the applicant and is conditioned upon conduct of the activity,or construction,installation and operation of the source,in accordance with this information and with representations made by the applicant or applicants agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise,the general and specific conditions contained in this permit have been determined by the APCD to be necessaryto assure compliance with the provisions of Section 25-7-114.5(7)(a),C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of,a condition hereof shall constitute a rejection of the entire permit and upon such occurrence,this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division(APCD)on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission(AQCC),including failure to meet any express term or condition of the permit. If the Division denies a permit,conditions imposed upon a permit are contested by the applicant,or the Division revokes a permit,the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location,a copy of the Relocation Notice(required bylaw to be submitted to the APCD whenever a portable source is relocated)should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No.3,Part B, Section Ill.B.upon a request for transfer of ownership and the submittal of a revised APEN and the required be. 5. Issuance(initial approval)of an emission permit does not provide"final"authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a)C.R.S. and AQCC Regulation No.3,Part B,Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines,it will provide written documentation of such final approval,which does constitute"final"authority to operate.Compliance with the permit conditions mist be demonstrated within 180 days after commencement of operation. • 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you(1)do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit,whichever is later;(2)discontinue construction for a period of 18 months or more:or(3)do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a),C.R.S.and AQCC Regulation No.3, Part B, Section IV.H.1.,and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a),C.R.S.requires that all sources required to file an Air Pollution Emission Notice(APEN)must pay an annual fee to cover the costs of inspections and administration. If a source or activityis to be discontinued,the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification,annual be billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative,civil or criminal enfrcement actions under Sections 25-7-115 (enforcement),-121 (injunctions),-122(civil penalties),-122.1 (criminal penalties),C.R.S • 123/0186/001 ver. 2/00 STATE OF COLORADO Bill Ritter,Jr.,Governor James B. Marlin, Executive Director � of 1cotoA Dedicated to protecting and improving the health and environment of the people of Colorado re . 90 • o 4300 Cherry Creek Dr.S. Laboratory Services Division *n `��� * Denver,Colorado 80246-1530 8100 Lowry Blvd. .len Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment September 14, 2007 Lynn Mayer-Shults,Reg. Mgr. L G Everist,Inc 7321E 88th Ave Ste 200 Henderson, CO 80640 303/286-2241 RE: Final Permit,Colorado Discharge Permit System-Stormwater Certification No. : COR34-0728 L G Everist,Inc -Can Pit Weld County Local Contact: Lynn Mayer-Shults,Reg.Mgr. 303/286-2247 Dear Sir or Madam: • Enclosed please find a copy of the new permit and certification which have been issued to you under the Colorado Water Quality Control Act. This replaces your certification under the pervious Sand&Gravel General Permit,COG500000, which expires on September 30, 2007. See page 2 of the Rationale(the pages in italics) for a summary of the changes from the old to the new permit. Your certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions,contact the Matt Czahor at(303)692-3575 or Nathan Moore at (303) 692-3555. Sincerely, Kathryn Dolan Stormwater Program Coordinator Permits Section Water Quality Control Division • • STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT • WATER QUALITY CONTROL DIVISION F�.0V.cot° TELEPHONE: (303)692-3500 10 H O * 410ERTIFICATION TO DISCHARGE *1876* UNDER CDPS GENERAL PERMIT COR34-0000 STORMWATER DISCHARGES ASSOCIATED WITH SAND & GRAVEL MINING & PROCESSING Certification Number COR34-0728 This Certification to Discharge specifically authorizes: L G Everist, Inc LEGAL CONTACT: LOCAL CONTACT: Lynn Mayer-Shults, Reg. Mgr. Lynn Mayer-Shults, Reg. Mgr., L G Everist, Inc Phone # 303/286-2247 7321 E 88th Ave Ste 200 Imshults@lgeverist.com Henderson, CO 80640 Phone #303/286-2241 • lmshults@lgeverist.com Industrial Activity : Sand and gravel mining, washing and crushing. Primary SIC Code: 1442 to discharge stormwater from the facility identified as Carr Pit which is located at: 61000 Weld County Road#21 Carr, CO 80612 Latitude 40/00/00, Longitude 104/00/00 In Weld County to: -- Lone Tree Creek Certification is effective: 10/01/2007 Certification Expires: 09/30/2012 First Annual Report Due: 02/15/2008 Annual Fee: $75.00 (DO NOT PAY NOW—A prorated bill will be sent shortly.) Page 1 of 25 • WELD COUNTY SITE SPADIC DEVELOPMENT PLAN AND USE B•ECIAL REVIEW(USR) DRAINAGE REPORT INFORMATION • USR#: Am-USR-840 Site Name: Carr Gravel Resource Applicant: L.G. Everist, Inc. (LGE) Summary: The applicant is applying for additional uses at the Carr Gravel Resource, AmUSR-840. The proposed use would be in addition to the approved mining and reclamation plans that are already permitted. This application is not making any changes to the mining/reclamation operation. The proposed use we are applying for is a transload/storage yard within the site. The transload projects would all take place within an approximately 300-acre transload area, and would be temporary-6 months or less. See the Weld County Site Specific Development Plan and Use by Special Review Questionnaire for more details on the proposed use. The proposed transload yard is an overlay use on an already permitted USR. The USR has drainage structures in place that have been working for years, and will continue to be more than adequate for the additional use by the transload/storage yard. See the map titled, "Carr Transload Area, Exhibit A"for drainage structure location. Because this is a permitted site, and adequate drainage structures are already in place, we are not being required to do a Preliminary Drainage Report. We are submitting information on the site and the existing drainage structures for your review. As noted in the Weld County Site Specific Development Plan and Use by Special Review Questionnaire: 8. Explain how the storm water drainage will be handled on the site. Sufficient drainage control and capacity is already in place for the Carr USR. No new drainage controls will need to be constructed (unless the rail spur loop is completed). Various drainage controls include man-made and natural controls. • The ground at the Carr site is highly permeable and stormwater soaks in to the soil before it can"run off." A large detention pond which has been used as a stormwater detention pond for the mining operation is available and will be used as a detention pond for the leased areas. The pond is located in the southeast section of the proposed leased area. This pond is shown on the Carr Transload Area map. This pond is more than large enough to accommodate any storm water flows from all of the leased areas. The lease areas are not new acreage,but acreage that has been part of the permit since it was approved, so the drainage controls have already been working for these areas—they will just be designated as transload areas. Any storm water within the leased area will flow and drain naturally from the northwest to the southeast—where the detention pond is located. All of the leased area south of the original east-west rail spur has been mined and graded and is therefore lower than surrounding areas. To the west, and outside the property, is the Union Pacific Rail line—stormwater flows from west to east, so the rail line will not be affected by the leasehold area. To the east there is a interior haul road just outside the leased area that is higher ground, so this road will prevent any stormwater runoff from going father east to Lone Tree Creek. To the south, this area is mined, and partially reclaimed, and any stormwater flows that happened to come this way would be welcome to help with vegetative growth. If the proposed rail spur loop is constructed, a culvert will be constructed under the southeast"corner" of the loop,which will allow stormwater run-off to naturally drain to the detention pond from the leasehold areas to the west. If and when the mining operation processing plant and settling ponds are removed and the area to the north of the rail spur is leased, one of the settling ponds will remain as a stormwater detention pond. Additional information regarding the site, additional transload use, and drainage: The sand and gravel deposit is shallow-only 10-12 feet-and all of it is above groundwater level. Therefore, no groundwater de-watering is needed. The mine is operated as a dry mine. This is not a change. • The transload/storage use will not need any water operationally, nor any water storage. C-WELD-SiteSpec&USR-Drainage)nfo-2010.doc WELD COUNTY SITE SP•IC DEVELOPMENT PLAN AND USE B•ECIAL REVIEW(USR) DRAINAGE REPORT INFORMATION • Using the formulas in the Drainage Criteria Manual and permeability number that we received from Weld County, we can show that the detention pond in the leasehold area is more than adequate to contain all stormwater flows. 1. Permeability = 40%, which converts to a Total Imperviousness Ratio(i) = 0.6 2. Figure SQ-2, Water Quality Capture Volume (WQCV), 80th Percentile Event- has formula for WQCV and multiple drain time variables. WQCV= a*(0.91 i3— 1.19i2 + 0.78i) = 1 *(0.91*.63— 1.19*.62 + 0.78*.6) = 0.23616 Note: 40-hour drain time = a = 1.0 3. Required Storage = [WQCV/ 12] *Area = (0.23616/ 12) * 300 acres leasehold area= 5.9 acre-feet The calculations above show that a detention pond of 5.9 acre-feet would contain the flows from 300 acres. The surveyed limits of the detention pond in the leasehold area at the top slope equals 3.53 acres. Assuming a 3 to 1 slope at 13 feet deep, this equates to a storage volume of approximately 37 acre-feet, more than adequate to contain stormwater events. • • C-WELD-SiteSpec&USR-Drainagelnfo-2010.doc WELD COUNTY SITE SP IC DEVELOPMENT PLAN AND USE BS'ECIAL REVIEW(USR) TRAFFIC STUDY INFORMATION • USR#: Am-USR-840 Site Name: Carr Gravel Resource Applicant: L.G. Everist, Inc. (LGE) Summary: The applicant is applying for additional uses at the Carr Gravel Resource, AmUSR-840. The proposed use would be in addition to the approved mining and reclamation plans that are already permitted. This application is not making any changes to the mining/reclamation operation. The proposed use we are applying for is a transload/storage yard within the site. The transload projects would all take place within an approximately 300-acre transload area, and would be temporary-6 months or less. See the Weld County Site Specific Development Plan and Use by Special Review Questionnaire for more details on the proposed use. L.G. Everist, Inc. believes that a Traffic Study is not warranted as this time due to the temporary and varied nature of future transload projects (i.e. quantity of trucks, size of trucks, and length of hauling schedule) and the significant decrease in our mining operation. However, Weld County believes a traffic study is needed for this amendment, so L.G. Everist is getting a traffic study done by CH2M Hill. The traffic study will be submitted under separate cover. The following paragraphs detail traffic-related information that is known or estimated at this time. Weld County Road Agreement and designated haul route on Weld County roads L.G. Everist, Inc. (under the operator name of Andesite Rock Company) is already in a Long-Term Road Maintenance and Improvements Agreement with Weld County, dated February 28, 2001, and with a record number 2831899, recorded March 12, 2001. This agreement could be updated to include: the updated company • name, and the preferred west-bound haul route on WCR 126 for oversize trucks. The current agreement already noted the east-bound route as going out the north entrance and east along WCR 126 (once the road had been paved). The east bound route should remain allowable for non-oversize trucks. The Weld County recommended haul route for haul trucks associated with this proposed use is: Enter/Exit from the Carr AmUSR-840 north entrance to Weld County Road 126 and travel to/from the west to Interstate 25. An alternative route, dependent on the size and weight of the trucks, and on Weld County approval, would be to travel to the east on Weld County Road 126 to State Highway 85. Note: Although WE is not requesting any changes to the permitted mining operation, LGE would like the County to know that the mining operation is decreased, which has resulted in a decrease in aggregate traffic. Oversize transportation permits LGE understands that transportation of many of the transloaded materials by tractor trailer will require oversize permits. The transload/leaseholder and trucking companies will be responsible for getting all the necessary oversize permits from Weld County and CDOT. The transload and trucking companies will work with Weld County Public Works with each project to determine the best route to take for the materials'final destination. Please note that trucks that are used for oversize loads are specifically designed to accommodate the cargo so that the maximum weight on any one axle does not exceed state and county road weight limits. Temporary Nature of the Traffic The transload/storage projects are temporary projects. The unloading to Carr will primarily be done from rail (on- site, not affecting Weld County roads). The load-out to trucks is estimated to take a few days to a few weeks depending on the size and schedule of the transload project. There could be more than one transload project in • storage or transloading at a time. C-WELD-Sitespec&USR-Traffic)nfo-2010.doc WELD COUNTY SITE SP•IC DEVELOPMENT PLAN AND USE •ECIAL REVIEW(USR) TRAFFIC STUDY INFORMATION • Truck traffic example for a typical windmill transload project at Carr Gravel Resource Transload project would consist of(a) railing in windmill components, (b) off-loading and storing components, (c) trucking out components. Example of a transload project for traffic estimates: - 44 Full Turbines= 352 total components or less - 3 Blades trains = 132 blades= 1 truck per blade - 2 Tower trains = 88 sections (tops and midsections) = one truck per tower section - 1 Nacelles/Hub/Container train =44 nacelles, 44 Hubs, 44 20ft containers = one truck per component - Trucking for 7 to 8 weeks, Monday thru Saturday - Six (6) turbines delivery per week = 8 to 9 trucks per day=48 to 54 trucks per week LGE will contact Weld County prior to each project and give project details including, but not limited to, dates of the project, quantity of materials being trucked out of the site, and trucking schedule. Leaseholders or trucking companies will apply for oversize permits as needed. • • C-WELD-SiteSpec&USR-Traffic)nfo-2010.doc • • TECHNICAL MEMORANDUM CH2MHILL • Traffic Impact Study for the Carr Gravel Resource Site PREPARED FOR: Janet Carter Traffic Engineer Weld County Public Works Department P.O. Box 758, Greeley, CO 80632 Lynn M. Shults Regulatory Manager L.G. Everist, Inc. 7321 E 88th Avenue,Suite 200, Henderson,CO 80640 PREPARED BY: Zeke Lynch Traffic Engineer CH2M HILL 9193 S Jamaica Street,Englewood,CO 80112 DATE: April 7,2010 Purpose The purpose of this Technical Memorandum is to evaluate traffic conditions at the L.G. • Everist Gravel Resource Site near Carr, Colorado in conformance with Weld County traffic impact study guidelines. Introduction In addition to gravel production,L.G. Everist has historically utilized the Carr site for various uses ranging from temporary pipeline material storage to wind turbine offload and delivery. Located just east of the Union Pacific Railroad tracks, the site is an ideal location for transferring railroad cargo to trucks for final delivery. Since the site uses have varied in the past,L.G. Everist contracted CH2M HILL to complete a traffic impact study to consider multiple ongoing uses that would represent a conservative estimate of traffic impacts for uses currently planned at the site. While it is not anticipated all of following uses would occur simultaneously,for purposes of this analysis it is assumed that these would overlap and occur during the summer months in 2010: 1) Ongoing site excavation for gravel production 2) Suncor Energy crude oil pipeline material storage and delivery 3) Wind turbine offload and delivery for a Wyoming energy project A similar traffic study was recently completed and approved by Weld County for just the pipe yard (pipeline storage and delivery) traffic impacts. The combined traffic impacts of the three simultaneous uses is analyzed and summarized in this study. Many of the conclusions drawn from the previous report that are not dependant on traffic volume have been repeated for completeness. • DEN/LGEVERIST_CARRGRAVELRESOURCE FINAL TISDOC 1 TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE • Existing Conditions Site Description As shown in Exhibit 1, the rail transload/storage yard is within the L.G. Everist Carr Gravel Resource, is approximately 300 acres, and is located in the NE Sec 35,T 11N, R67W southeast of Carr,CO. A lease agreement for the Suncor Energy crude oil pipeline material storage and delivery is in place. An area will be marked off to designate their lease area and prevent pipeline vehicles from interacting with gravel mining operations. Similarly,the typical wind turbine offloads and deliveries for the Wyoming wind energy projects have a separate and distinct area of operation on the site. A conservative estimate of traffic impacts assumes all of the heavy vehicle traffic expected from the site will utilize the recently improved access to the north of the site on Weld County Road 126 (WCR 126). Adjacent Roadways Nearest to the site,the current road system consists of private and county roads. According to Weld County,WCR 126 is a paved 2-lane east-west major road (collector) also known as Stevenson Avenue. It has a speed limit of 30 mph near the site access which is just west of the Lone Tree Creek Bridge. According to the Colorado Department of Transportation (CDOT), I-25 is a 4-lane rural north-south interstate with a speed limit of 75 mph. The WCR 126 1/2 intersects 1-25 at a diamond interchange and leads to the site eventually becoming WCR 126. The I-25 interchange has a narrow 2-lane bridge over I-25 and the ramps are controlled by stop signs. A frontage road parallels 1-25 on the east side and has a closely spaced intersection adjacent to the interchange. U585 is a rural minor arterial in rolling terrain with a speed limit of 65 mph. Both I-25 and US85 are designated as national truck • routes. Traffic Counts Based on available traffic data,WCR 126 near WCR 21 carries approximate 422 daily vehicles of which 38% are trucks. While the posted speed limit in this area is 30 mph, the recorded 85th percentile speed is 49 mph. CDOT maintains an automatic traffic recorder (ATR#153)location at the I-25 and Carr interchange. This count location continuously records traffic data on I-25 and in 2008 I-25 carried an average armual daily traffic volume of 17,000 vehicles and approximately 15% trucks. The peak hour traffic at this location comprises 11% of the daily traffic. The closest count available on U585,just north of WCR 108, indicates an existing average annual daily traffic count of 2,100 vehicles with roughly 19% trucks. Like I-25, approximately 11% of the daily traffic occurs in the peak hour. • DEN/LG EVERIST CARRG RAVELRESO U RCE FINAL TIS DOC 2 • • TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE • Exhibit 1 Site Map Site Access To US 85 • To I-25 - ,:: / r ! t 1 w i :t. . 1. ft ' . r • - '1 • i . w F . y L fL_ • • ;af / fi' �! t i • i - \t nt r / r I • -ofla1 - ~ t , L . _ • I \\. ' I I, .. I i n - i + • .• < - ' _ taS icy U' 1.. • _— .� !� rr 1 •r Irl :11 •II .a - A �. ` R a r.r ---—Ir. ----...t. -. lb amass- lr• ' _n- i 40 at —.. Me: i � ' S . ~ ti. .. I w '` i Y' 1F ,!.•C ':'-'4 �- I ' +••._ : .. • ;,...•ter yF - _ _ r _ _• IIJJ� '.I .. mold Dram C _ _ • • nrlq ++II:+ i `_ Par Cel F _ Pi 4.i 40 sr 40 ' .-._.....__ ..- . At. • ` _ _ - . - -Itt•'r-• —r"'4":-e- ^r. .. -.- - rnri-r, , I I ),-\\ N :\ \ .t • I a -SW�trID�y�aibt -. Enn- sn�r..AouL i/K7fa[ ,u, »�» CARR TRANSLOAD ARRA I S DEN/LGEVERIST_CARRGRAVELRESOURCE_FINAL_TIS.DOC 3 • • TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE • Trip Generation/Distribution A conservative estimate of traffic expected on-site during the day and during the peak hours for the three site uses results in a total of 87 vehicles (50 cars and 37 trucks) per day,of which 54 are assumed to access the site during the peak hours (50 cars and 4 trucks).These estimates assume the truck traffic is evenly distributed throughout the day and all of the on- site personnel arrive and depart during the peak hours resulting in over 60% of the daily site traffic occurring in the peak hours. This also assumes some on-site time for truck loading so that trucks arriving during the peak hour do not depart in the same hour. The following summarizes the assumptions used to determine these trip generation estimates. Gravel Operations Based on data maintained by L.G. Everist, the gravel operations occur approximately 250 days per year and have historically generated between 3 and 15 trucks per day. For 2010, the site is expected to generate 8 trucks per day. On site personnel are assumed to generate 10 cars per day. This represents approximately 11 new peak hour vehicles that will be destined for I-25 in support of gravel production operations. (Gravel trucks primarily use WCR 126 to 1-25 which is the routing assumed in this analysis. However,more infrequently, trucks are permitted to go both east and west on WCR 126 to US85 and 1-25 as well as out the southern gate along WCR 120 to US85). Pipe Yard Estimates from Suncor indicate that there will be 5 full time employees located on the site and up to 15 people may be onsite at any one time including haul truck drivers,equipment • operators and visitors. It is anticipated that operations at the pipe yard will generate 50 daily vehicles of which 20 would be heavy trucks and the remaining 30 would be smaller support vehicles. This represents approximately 32 new peak hour vehicles that will be destined for US85 north of WCR 126 in support of construction operations expected to occur from February to July 2010. Wind Turbine The site may also be utilized for a possible wind energy project in 2010. Wind turbine • components are delivered via rail and ultimately trucked to Wyoming for installation. A typical wind project consists of 44 full wind turbines or 352 total components or less. The following summarizes the typical wind turbine components and associated truck deliveries: • 3 Blades trains = 132 blades = 1 truck per blade = 132 trucks • 2 Tower trains = 88 sections (tops and mids only) = one truck per tower section= 88 trucks • 1 Nacelles/Hub/Container train =44 nacelles,44 Hubs,44-20ft containers= one truck per component= 132 trucks • One complete turbine requires 9 trucks For a wind project of this size, trucking deliveries typically last for 7 to 8 weeks. Deliveries occur 6 days per week Monday through Saturday. It is expected that approximately 6 turbines would be delivered per week resulting in approximately 9 trucks per day. On site personnel are assumed to generate 10 automobile trips per day. This represents approximately 11 new peak hour trips that would be destined for I-25 for wind turbine • deliveries in support of a typical Wyoming wind energy project. DEN/LGEVERIST_CARRGRAVELRESOURCE_FINAL_TIS.DOC 4 TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE Level of Service • In order to assess the potential traffic impacts associated with the proposed multiple uses at the site,existing traffic conditions were analyzed both with and without the expected additional site traffic during the peak hour. Since the peak hour is 11% of the daily volume based on annual CDOT traffic counts along I-25 and US 85, the same peak hour percentage was assumed for all other study area roadways. Therefore, only a single peak hour was analyzed for freeway,highway, and intersection operations. Also, due to the lack of available data,turning movement counts were estimated at the unsignalized site access and WCR 126 intersection. The operating conditions, or Level of Service (LOS), for I-25,US 85, and WCR 126; and the unsignalized intersection of WCR 126 and the site access were assessed using Highway Capacity Manual freeway,two-lane highway,and unsignalized intersection methodologies, respectively. LOS is a term used to describe operating conditions in a traffic stream and motorists' perceptions of those conditions. Six LOS classifications are given a letter designation from A to F with "A" representing the best operating conditions and "F" the worst. LOS D or better is typically considered acceptable for peak hour operations. For freeways,LOS is determined by the density of traffic in a basic freeway section defined by passenger cars per mile per lane. For two-lane highways,LOS is defined in terms of average travel speed and percent time spent following another vehicle. For unsignalized intersections, LOS is defined in terms of average delay per vehicle by movement. The method incorporates delay associated with deceleration,acceleration, stopping, and moving up in the queue. For side street stop-controlled intersections, delay is typically represented • in seconds for the minor street approaches and the left turns from the major street. As shown in Exhibits 2 and 3, the freeway segment,highway segment, and site access intersection analyzed operate at acceptable levels of service and the additional site generated traffic creates minimal impact to the existing peak hour traffic operations near the site. Exhibit 2 Existing Peak Hour Operating Conditions(Without Site Generated Traffic) Average Daily Peak Hour Percent Peak Hour Facility Volume Volume Trucks LOS Roadways WCR 126 422 48 38% C US 85 2,100 232 19% B 1-25 17,000 1,870 15% A Unsignalized Intersection WCR 126 and Site Access Northbound N/A 2 N/A A Westbound Left N/A 1 N/A A Source: CH2M HILL,2010. • DEN/LGEVERIST_CARRGRAVELRESOURCE FINAL TISDOC 5 TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE Exhibit 3 • Existing Plus Site Peak Hour Operating Conditions(With Site Generated Traffic) Average Daily Peak Hour Percent Peak Hour Facility Volume Volume Trucks* LOS Roadways WCR 126—East 522 80 25% C WCR 126—West 496 70 27% C US 85 2,200 264 17% B 1-25 17,074 1,892 15% A Unsignalized Intersection WCR 126 and Site Access Northbound N/A 28 7% A Westbound Left N/A 17 6% A Source: CH2M HILL,2010. The truck percentages on-site and on the surrounding roadways is lower than existing due to the increase in personnel vehicles accessing the site and the fact that site generated truck traffic occurs throughout the day not just during the peak hours. Future Conditions The combined site uses for the gravel operations,pipe yard,and wind turbine delivery represent a conservative estimate of traffic volume for uses currently planned at the site. The rural nature of the surrounding area and historically low traffic growth trends suggest that impacts identified under existing conditions would also occur under future conditions. Since site generated traffic is not anticipated to increase beyond this conservative estimate, any change in traffic operations would be attributable to growth in background traffic. For • these reasons,future traffic conditions have not been analyzed. Should the uses on the site change substantively, additional traffic analysis would be required. Impacts The highest increase in traffic on WCR 126 is expected just east of the site access resulting in a daily traffic volume increase of 1.00 trips (50 vehicles);which represents approximately 24% more traffic than the current 422 daily volume on WCR 126. The increase in traffic due to the site activities is not expected to appreciably impact traffic operations on WCR 126, US85, or I-25. The expected vehicle mix is similar to that of the existing traffic,truck traffic will be distributed throughout the day, and the increase in traffic will occur on a temporary basis. Other Considerations Signing and Striping Based on aerial photographs and initial site assessment,it appears that signing and striping in the area is adequate and well maintained. Should site uses or planned operations change substantively or extend beyond the expected 6 month period, "Trucks Entering Highway" warning signs could be implemented to warn drivers on WCR 126. Sight Distance The posted speed limit on WCR 126 near the site access is 30 mph but the recorded 85th percentile speed is 49 mph. This higher observed speed was used to assess sight distance at the site access. AASHTO stopping sight distance guidance suggests 425 feet at 50 mph. • DEN/LOEVERIST CARRGRAVELRESOURCE FINAL_TIS.DOC 6 TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE • While the site access is located on a slight horizontal curve, there appears to be no vertical or horizontal sight distance issues or obstructions with the sight distance triangles extending east and west of the access along WCR 126. Furthermore, the access provides entering sight distance in excess of the CDOT access code requirement of 650 feet for trucks entering a 2- lane roadway. Pavement Maintenance No pavement assessment was performed as part of this analysis. However, based on aerial and available site photographs, it appears the pavement condition of I-25, US 85,and WCR 126 is similar to that of other area rural highways and adequately accommodates the existing truck traffic. Due to the modest traffic generated by the site and the short duration of planned uses, a need for long term pavement maintenance beyond that which is already completed by the State or County is not anticipated. Should long term maintenance agreements be required,L.G. Everist will negotiate this with the County. Intersection Turning Radii The majority of the trucks expected at the site will be standard single unit semitrailers with a wheelbase of 62' or less (WB-62). The software AutoTurn was used to determine the turning radii of typical trucks at the WCR 126 site access. Using a conservative estimate of the intersection dimensions, the full width of the access road would be needed to facilitate the WB-62 truck turning radius. This would also result in some off tracking of the rear wheels and possible encroachment into the opposing lane of traffic. Given the sheer size and length of the trucks required for delivery of the wind turbine • components,the site owner L.G. Everist has widened the access road onto WCR 126,moved their gate south,and added approximately 300 feet of recycled asphalt to create an all weather intersection approach. This access has successfully accommodated trucks of similar dimensions for the delivery of wind turbines in the past. Entering traffic at the site access onto WCR 126 will likely require special traffic control due to the larger vehicles. The trucks will be routed west on WCR 126 and then north on I-25. The bridge at the WCR 126 1/2 interchange over I-25 is narrow with no shoulders and may present a challenge to negotiate for the larger vehicles. The contractor will obtain necessary oversize and overweight vehicle permits and confirm the planned haul route with the County and CDOT. Acceleration and Deceleration Lanes Assuming requirements of the CDOT state highway access code for rural highways, the peak hour volume at the westbound to southbound left turn lane (17 vph) into the site does exceed the 10 vph for a left turn deceleration lane. The right turn lane volumes at the site access do not exceed the thresholds of 25 vph for a right turn deceleration lane, or 50 vph for a right turn acceleration lane. Acceleration and deceleration lanes at the site access on WCR 126 are not recommended due to the low traffic volumes on WCR 126 and the fact that should all three site uses occur simultaneously,the left turn lane volume of 17 vehicles per hour would be a temporary condition. Requirements, Restrictions, and Permits Given the operations at the site and multiple planned uses, roads and highways may be impacted by vehicles hauling materials from the site. Contractors will comply with existing • federal, state,and county requirements and restrictions to protect the road network and the DEN/LOEVERIST_CARRGRAVELRESOURCE FINAL TIS.DOC 7 • TRAFFIC IMPACT F OR THE CARR GRAVEL RESOURCE SITE traveling public. In addition, load limits will be observed at all times to prevent damage to • existing road surfaces. Arrangements to transport oversized loads will he coordinated with and approved by CDOT. Summary and Conclusions This traffic impact study considers multiple overlapping uses at the Carr Gravel Resource Site. While not expected to occur simultaneously,the three site uses (gravel, pipeline, and • wind turbine) represent a conservative estimate of traffic impacts for uses currently planned at the site. The three site uses are expected to generate a combined 87 new daily vehicles with most of the trips occurring in the peak hours. Truck traffic would be distributed throughout the day. Traffic operational analysis indicates that I-25, US85, WCR 126, and the site access intersection will operate at acceptable levels of service and the additional site generated traffic creates minimal impact to the existing peak hour traffic operations near the site. The site access and surrounding roadway network appear to have well maintained signing and striping. The site access sight distance is adequate with no obstructions and the pavement condition on WCR 126 is not expected to be degraded by site activities due to the short duration of operations. The site is not expected to generate enough traffic to warrant any significant infrastructure improvements;and acceleration and deceleration lanes are not recommended. Due to the size and larger turning radius of the wind turbine haul trucks,special care should be taken by drivers when entering and exiting WCR 126 at the site access and near the I-25 interchange to avoid vehicle conflicts. The contractor will obtain any necessary oversize and • overweight vehicle permits from CDOT and confirm the planned haul route with the County. Included at the end of this memo are the Highway Capacity Manual level of service definitions for freeways,2-lane highways, and unsignalized intersections as well as the Highway Capacity Software level of service reports for traffic operations at and near the site. The above report has been prepared according to national and state standards and in conformance with Weld County traffic impact study guidelines. Sincerely, =PaDO Lice" CH2M HILL • e *p VOA WARCIl;%p � yi: �i : 42734 % 1•e'- '(71 •So 7 ,/ e 1 7Gu o i Zeke Lynch, P.E. 'tt��etIONAI�4:tre y/ 7//0 • UENILGEVE RIST CARRGRAVE LRE SOU RCF FI NAL IIS.00C 8 • • • TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE • References Colorado Department of Transportation,Traffic Counts,2008. Highway Capacity Manual 2000,Transportation Research Board, Washington DC,2000; Software Version 5.21, 2005. Weld County Public Works Department,Traffic Counts,July 2009. • • DENILGEVERIST CARRGRAVELRESOURCE_FINAL_TISDOC 9 TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE • Highway Capacity Manual Level Of Service Definitions HCM BASIC FREEWAY SEGMENT LEVEL OF SERVICE CRITERIA Level of Service Density(passenger Traffic Flow Characteristics car/mi/In) A ≤11 Free flows operation,vehicles are almost completely unimpeded in their ability to maneuver within the traffic stream. B > 11 -≤18 Reasonably free flow, vehicles maneuver within the traffic stream is only slightly restricted. C > 18-<26 Freedom to maneuver within the traffic stream is noticeably restricted. D >26-≤35 Freedom to maneuver within the traffic stream is more noticeably limited, and the driver experiences reduced physical and psychological comfort level. E >35-≤45 Vehicles are closely spaced, leaving little room to maneuver within the traffic stream at speed that still exceed 49 mph. F >45 Breakdowns in vehicular flow. Source: Highway Capacity Manual(HCM),2000. • • DEN/LGEVERIST_CARRGRAVELRESOURCEFINAL TIS.DOC 10 TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE • HCM 2-LANE HIGHWAY LEVEL OF SERVICE CRITERIA LOS Description A Motorists are able to travel at their desired speed. Without strict enforcement, this highest quality would result in average speeds of 55 mph or more on two-lane highways in Class 1. The passing frequency required to maintain these speeds has not reached a demanding level,so that passing demand is well below passing capacity, and platoons of three or more vehicles are rare. Drivers are delayed no more than 35 percent of their travel time by slower-moving vehicles. A maximum flow rate of 490 pc/h total in both directions may be achieved with base conditions. On Class II highways, speeds may fall below 55 mph,but motorists will not be delayed in platoons for more than 40 percent of their travel time. B Traffic flow is speeds of 50 mph or slightly higher on level terrain Class 1 highways. The demand for passing to maintain desired speeds becomes significant and approximates the passing capacity at the lower boundary of LOS B. Drivers are delayed in platoons for up to 50 percent of the time. Service flow rates of 780 pc/h total in both directions may be achieved with base conditions. On Class II highways, speeds may fall below 50 mph,but motorists will not be delayed in platoons for more than 55 percent of their travel time. C Flow increases, resulting in noticeable increases in platoon formation,platoon size and frequency of passing impediments.The average speed still exceeds 45 mph on level terrain Class 1 highways,even though unrestricted passing demand exceeds passing capacity. At higher volumes the chaining of platoons and significant reductions in passing capacity occur. Although traffic flow is stable, it is susceptible to congestion due to turning traffic and slow-moving vehicles. Percent time-spent-following may reach 65 percent of the time. Service flow rates of 1,190 pc/h total in both directions may be achieved with base conditions. On Class II highways, speeds may fall below 45 mph,but motorists will not be delayed in platoons for more than 70 percent of their travel time. • D LOS D represents unstable flow. The two opposing traffic streams begin to operate separately at higher volume levels, as passing becomes extremely difficult. Passing demand is high, but passing capacity approaches zero. Mean platoon sizes of 5 to 10 vehicles are common, although speeds of 40 mph still can be maintained under base conditions on Class 1 highways. The proportions of no-passing zones along the roadway section usually has little influence on passing. Turning vehicles and roadside distractions cause major shock waves in the traffic stream. Motorists are delayed in platoons for nearly 80 percent of their travel time. Maximum service flow rates of 1,830 pc/h total in both directions may be achieved with base conditions. On Class II highways, speeds may fall below 40 mph, but in no cases will motorists be delayed in platoons for more than 85 percent of their travel time. E Traffic flow conditions have a percent time-spent-following greater than 80 percent on Class 1 highways and greater than 85 percent on Class II. Even under base conditions, speeds may drop below 40 mph. Average travel speeds on highways with less than base conditions will be slower, even down to 25 mph on sustained upgrades. Passing is virtually impossible and platooning becomes intense as slower vehicles or other interruptions are encountered. The highest volume attainable under LOSE defines the capacity of the highway, generally 3,200 pc/h in both directions. Operating conditions at capacity are unstable and difficult to predict. Traffic operations seldom reach near capacity on rural highways, primarily because lack of demand. F Represents heavily congested flow with traffic demand exceeding capacity. Volumes are lower than capacity and speeds are highly variable. Source: Highway Capacity Manual(HCM),2000. Primary measures for service quality for Class 1 facilities are percent time-spent-following and average travel speed. For Class 2 facilities the measure for service quality is based on percent time- spent-following. • DEN/LGEVERIST_CARRGRAVELRESOURCEFINAL TISDOC 11 • • TRAFFIC IMPACT STUDY FOR THE CARR GRAVEL RESOURCE SITE HCM UNSIGNALIZED INTERSECTION LEVEL OF SERVICE CRITERIA • LOS Average Delay Traffic Flow Characteristics (seconds per vehicle) A < 10 Little or no traffic delays B > 10-< 15 Short traffic delays C > 15—<25 Average traffic delays D >25—<35 Long traffic delays E >35—< 50 Very long traffic delays F >50 Queuing on minor approaches and not enough gaps of suitable size to allow safe crossing of major streets. Signalization should be investigated at this point, but warrants must be satisfied before implementation. Source: Highway Capacity Manual(HCM), 2000. • • DEWLGEVERIST_CARRGRAVELRESOURCE_FINAL_TIS,DOC 12 • L.G. EVERIS11,DINC. ORP PHILLIPS OFFICE I 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 PHONE 605-334-5000 FAX 605-334-3656 • MOUNTAIN DIVISION 7321 E.88TH AVENUE-SUITE 200 HENDERSON.COLORADO 80640 303-287-9606 FAX 303-289-1348 August 28, 2009 Weld County Planning Department Ms. Kim Ogle GREELEY OFFICE Planning Manager Weld County Planning SEEP" 0 1 Nog Department of Planning Services E C E V E 6rhh� 918 10th Street Greeley, CO 80631 Reference: Can Operation AM USR-840 Dear Kim: It has been a few months since L.G. Everist, Inc. ("LGE") representatives met with Weld County officials regarding the transloading of windmill components at our Can Operation facility ("Carr"). Since the meeting, LGE's intentions and predictions have changed due to the current economic climate. This letter will serve as an update to our • business plans at Can going forward. Regarding the mining operations at Can, LGE successfully bid on a concrete paving job on I-76. To complete this job, we will put Can into production for the remaining 2009 season. Once the material is in stockpile, we will shut-down and load-out the materials in stockpile. Once the stockpiles are loaded out (we estimate this to be in the 2nd quarter of 2010), we will shut-down the Can mining operations. This shutdown will be for an indefinite period of time; operations will resume when it is economically viable to do so. As Weld County is aware, windmill components were shipped into Can and transloaded onto trucks in the 2nd and 3`d quarters of 2009. This project was very short-lived and temporary—as is the case with all windmill projects. All conditions must be perfectly aligned before windmill components for a windmill project are shipped into Can, i.e. the location of the manufactured windmill component, the location of the successful bidder on the windmill project, and the location of the construction site of the windmill project. The bottom line is that all windmill projects come with extremely unpredictable timing. Regarding the pipeline project with Suncor, it is currently in the logistic planning stage. The pipe will come in by rail, and we are told this will start in the 4th quarter of 2009. The pipe will be unloaded from rail and stored for a short period of time. All stored pipe will be shipped to the construction site by the 4th quarter of 2010. All outbound trucks loaded with pipe will not require over-weight permits. There have been several delays on this project; however, this is the best forecast that we at this time. • • Kim Ogle August 28, 2009 Page 2 of 2 • Presently, we forecast the Carr mining operation will be shut-down by the end of 2010. We see no windmill projects on the horizon but will continue to explore opportunities. The pipeline project is something that has been on the books for a couple of years and once the project is complete, we anticipate no future pipeline projects. With all factors considered, we respectfully request that Weld County and LGE personnel not undertake the lengthy amendment process at this time. We propose that if a transload opportunity does come our way, we will immediately address it with Weld County officials on a case-by-case basis. Frankly, I do not forecast any long term, permanent opportunities in the Northern Weld County area. Sincerely, J Dennis L. Fields Vice President, Mountain Division Operations DLF/cka cc: Steve Mousel Stevan O'Brian Lynn Mayer Shults James Sinner • • Kim Ogle From: Lynn Mayer Shults [Imshults@LGEVERIST.com] art: Friday, July 16, 2010 3:24 PM Kim Ogle Subject: FW: CARR -questions Kim, In response to your questions: What is meant by the storage of rail cars, e.g., what duration of time that these cars would sit idle on the track? Rail cars parked on our private rail spur. This is certainly no change from having the rail cars on the track in relation to the mining operation. Duration : unknown What is meant by minor maintenance? To what structure/ vehicle would this activity occur on, or in? Saddles would be attached to flat rail cars. The saddles would be attached in order to be able to put windmill blades on the flat cars. What happens to the materials associated with the minor maintenance? • The "materials" are the saddles and they will be attached to the rail car. What "devices" will be implemented to monitor these activities, if approved? We will have leases to allow storage of rail cars on our private rail spur. Frankly, we think that this use fits right in with the amended transload/storage use that is already being proposed. Sincerely, Lynn M. Shults — Regulatory Manager — email-Imshults@loeverist.com L.G. Everist, Inc. — 7321 E 88th Avenue, Suite 200 - Henderson, CO 80640 office-303-286-2247 — fax-303-289-1348 — cell-303-514-2778 From: Lynn Mayer Shults [mailto:lmshults@LGEVERIST.com] Sent: Thursday, July 15, 2010 2:23 PM To: Kim Ogle Cc: Terry Woodworth Subject: CARR - questions • Kim, 1 Hello