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Home My WebLink About20102443.tiff 940 RESOLUTION RE: APPROVE REQUEST CONCERNING REVIEW OF VARIOUS DEVELOPMENT STANDARDS FOR AMENDED USE BY SPECIAL REVIEW PERMIT #737 - MICHAEL WILLITS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 16, 1994, the Board of County Commissioners approved the application of Michael Willits, for a Site Specific Development Plan and Amended Use by Special Review Permit#737 for a Trucking Operation to Service the Agricultural Industry,for property which is described as part of the W1/2 N W 1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board has received a request from Fred Otis of Otis, Goan, and Peters, LLC, 1812 56th Avenue, Greeley, Colorado 80634, on behalf of the applicant, Michael Willits, 18132 State Highway 392, Greeley, Colorado 80631-9415, to modify the Development Standards to read as listed below, for Amended Use by Special Review Permit#737: 1. The Site Specific Development Plan and Amended Use by Special Review Permit#737 is for a "Mineral resource development facilities including Oil and Gas Support and Service, more specifically described as[the location and operation base for a business whose primary activity includes . . .] in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. Delete original language. 4. The truck and trailer washout facility shall be for private use only for vehicles owned and operated by the property owner or tenant. 5. The number of trucks associated with this facility is limited to 60 vehicle trips during peak hours and is further restricted by the Colorado Department of Transportation Access Permit, dated 2010. 6. The truck and trailer washout facility shall be limited to the number of tractors and trailers that may be washed in accordance with the engineer-designed I.S.D.S., and is limited to exterior washing only. 7. Delete original language. 8. No change. Cc. • QL ) L) III Is 111111111111111111 IIII 1111111111 IIlIII1 III 11111 IIII IIII I a � - 10 2010-2443 3739940 12/20/2010 11:15A Weld County, CO PL0056 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RECONSIDER DEVELOPMENT STANDARDS FOR AMENDED USR#737- MICHAEL WILLITS PAGE 2 9. Delete original language. 10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 11-15. No change. 16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 17. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 20-22. No change. WHEREAS,a hearing before the Board was held on the 13th day of October, 2010,at which time the Board deemed it advisable to continue said matter to October 18, 2010, at the request of the applicant, in order to have the matter considered by four(4) Commissioners, as opposed to the three (3) in attendance, and WHEREAS, on October 18, 2010, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Department of Planning Services and, having been fully informed, finds that this request shall be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Michael Willits to modify the Development Standards, as listed above, for Amended Use by Special Review Permit#737, be, and hereby is, approved. 111111 1111111 III IIIII 7of930 R10.00 0 0.00 121 11:15A 2 Steve MorenocClerk&C Recorder 2010-2443 PL0056 RECONSIDER DEVELOPMENT STANDARDS FOR AMENDED USR#737- MICHAEL WILLITS PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: z • Dougla adema her, Chair Weld County Clerk to tha:o EXCUSED" .:361 Barbara.�,� Barbara Kirkme er, Pro-Tem BY Deputy CI to he B fir:® U Vw‘ Sean P. nway C.> AP E O FORM: Wi to F. Garcia ounty Attorney David E. Long Date of signature: /�/G� I 111111 11111 11111111111111111111111 III 1111111 1111 3739940 12/20/2010 11:15A Weld County, CO 2010-2443 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL0056 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor,Greeley,Colorado 80631,at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: October 13, 2010 TIME: 9:00 a.m. APPLICANT: Michael Willits 18132 State Highway 392 Greeley, Colorado 80631-9415 REQUEST: Consider minor modifications to Amended Use by Special Review Permit#737 for a Trucking Operation to Service the Agricultural Industry in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the W1/2 NW 1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to State Highway 392, and approximately 3,000 feet west of U.S. Highway 85 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 1, 2010 2010-2443 MEMORANDUM IL TO: Board of County Commissioners DATE: October 13, 2010 COLORADO FROM: Kim Ogle, Planning Services SUBJECT: Proposed Minor Amendment Willie's Grain, Inc., do Mike Willits AmUSR-737 The Department of Planning Services met with Messrs. Otis, Willits and Ingram, and Ms. Gloria Hice-Idler with the Colorado Department of Transportation to discuss the current land use permit and to also establish a baseline for traffic to the site. The current operation is for a trucking facility to service the agricultural industry; the site also includes a maintenance, dispatch, and service building and a truck trailer washout bay. The permit was originally approved in 1986 and amended in 1994. Attached are the USR- 737 and AmUSR-737 application and Board of County Commissioners Resolution. The respective plats are also enclosed for reference. Representatives with the Departments of Building Inspection, Environmental Health, Public Works and Planning reviewed the current development standards for conformance with today's standards. Please find in strike out format the requested and agreed to changes in the Development Standards for this 2o° AmUSR-737 permit. (Permit language as approved by Resolution is in black text, amendment to the text is in purple, and ctrikoout text is to be deleted) Original Language: 1 The Site Specific Development Plan and Amended Special Review Permit is for a trucking operation to service the agricultural industry in the A(Agricultural)Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. The expansion of the operation is limited to the addition of a 6,960 square foot maintenance,dispatch and service building for company-owned vehicles and a truck-trailer washout facility. Proposed modification Language: 1 A Site Specific Development Plan and an Amended Special Review Permit for a "Mineral resource development facilities including Oil and Gas Support and Service, more specifically described as[the location and operation base for a business whose primary activity includes . . .]in the(A)Agricultural Zone District. Proposed modification Language: 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County Code. (Department of Planning Services) Proposed modification Language: 3. The Use by Special Review Permit shall not be transferable to any successors in interest to the subject property. Proposed modification Language: 4. The truck and trailer washout facility shall be for private use only for vehicles owned and operated by Willie's Grain, Inc. the property owner. Proposed modification Language: 5. The number of trucks associated with this facility is limited to 60 vehicle trips during peak hours and is further restricted by the Colorado Department of Transportation Access Permit dated 2010. Proposed modification Language: 5. The truck and trailer washout facility shall only wash trailers which have contained boxed food goods and bulk produce. No trailers may be washed which have hauled live animals or manure. If, in the future, the applicant wishes to transport live animals and include the washout of animal waste in the operation, the approval of an amendment to this Amended Special Review Permit shall be required. 6. The truck and trailer washout facility shall be limited to the number of tractors and trailers that may be washed in accordance with the engineer-designed I.S.D.S., and trailer units shall not exceed thirty(30) per week. and is limited to exterior washing only. Proposed modification Language: 7. A quarter inch wire mesh grate shall be installed in all floor drains in the truck and trailer wash facility. in order to prevent large organic material from entering into the septic cystem and to minimize odors 8. The sand in the truck wash sand filter shall be disposed in an approved sanitary landfill on an as- needed basis. Proposed modification Language: 9. The odor abatement and response plan shall be implemented at the request of the Weld County Health Department in the event that odor levels detected off site of the facility meet or exceed the residential odor limit(7:1 dilution threshold), as specified by the Colorado Revised Statutes. The plan shall also be implemented in the event that the Health Department receives a significant number of odor complaints and, in the judgment of the Director of Public Health, there exists an odor condition requiring abatement. Delete# 10 and replace with proposed modification Language, see below 10. An individual sewage disposal system is required for the proposed truck and trailer wash facility and office. Each the system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. regulations. Proposed modification Language: 10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 11. Any existing septic system(s)which is not currently permitted through the Weld County Health Department will require an LS.D.S. evaluation prior to issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 12. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 13. No permanent disposal of wastes shall be permitted at this site. 14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions 15. Fugitive dust shall be controlled on this site. Proposed modification Language: 16. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25 12 102, CRS. This facility shall adhere to the maximum permissible noise levels allowed in the commercial Zone as delineated in Section 14-9-30 of the Weld County Code. Proposed modification Language: 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Proposed modification Language: 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. Proposed modification Language: 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 20. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 21 The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioner before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. It is the collective opinion of County staff that this is a minor amendment to the existing land use permit, AmUSR-737. The facility, including truck parking, day-to-day operations will continue to be utilized as a base for a trucking company, without substantial change to the existing land use permit. We request your approval of this minor amendment. `‘)C OTIS, COAN & PETERS, LLC Attorneys and Counselors at Law Fred L.Otis Brett Payton G.Brent Coen GREELEY FORT COI.LINC Daniel W.Jones Jennifer Lynn Peters 1812 56th Avenue 2026 Caribou Drive,Suite tat Charles M.Shoop Greeley,Colorado 80634 Fort Collins,Colorado 80525 Michael C.Payne Telephone(970)330-6700 Telephone(970)225-6700 Michael D.Stewart, Facsimile(970)330-2969 Facsimile(970)232-9927 David K.Stubbs Of Counsel www.nocolegal.com PLEASE REPLY TO GREELEY OFFICE: FRED L.OTIS flotis®nocolegal.com October 4,2010 Tevor Jiricek Weld County Department of Planning Services Re: Mike Willits,Use by Special Review Permit#737 ("AMUSR-737") Dear Mr. Jiricek, Over the past few weeks,we have been talking with you and other Weld County Planning Services staff members about the possibility of appearing before the Weld County Commissioners for the purpose of requesting a change in the Development Standards to AMUSR 737. AMUSR 737, as issued in 1995,indicated that the USR could not be transferred. The owner of the property,Mike Willits, is now out of business and needs to sell the property to pay off debt. A potential buyer, Saylor Properties,LLC,which is owned by Greg Ingram,is proposing to lease the property to Northern Plains Trucking, a company that hauls water for the oil and gas industry in Weld County. The proposed changes, as drafted by the Planning Staff and sent to me by Kim Ogle on September 22,2010, are acceptable to Mike Willits. If the Commissioners approve Mike Willits request he is willing to have a new plat prepared that will show the amended development standards and any other requirements of approval, including those related to the Colorado Department of Highways and the Weld County Department of Public Works. Sincere re . O s Attorney at Law COLORADO DEPARTMENT OF TRANSPORTATION cool Permit No. 410102 SH/S/MP STATE HIGHWAY ACCESS CODE 392 B / 114.798 / R NOTICE TO PROCEED Local Jurisdiction Weld County Permittee(s): Applicant: Willa County Planning Department Michael B. Willits GREELEY OFFICE SE P ? CI 7fltfi 18132 Highway 392 Greeley, CO 80631 RECEVED The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By A(4.0 ( Title Date (X) o `a +4 t e9 E CX_.— ?Q Y Y - f II T NA ►r 9/27/2010 Cop dis ibution: Required: Make copies as necessary for: Form 1265 8/98,6/99 Region(original) Local Authority Inspector Lee Ireton Applicant MTCE Patrol Traffic Engineer Staff Access Section 17-West Greeley COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. 410102 STATE HIGHWAY ACCESS PERMIT state Highway No1Mp/Side 392 B / 114.798 / R Permit fee Date of transmittal Region/Section/Patrol Lace;Jurisdiction $0.00 9/24/2010 ,4 / 01 /17-West Greeley Weld County The Permittee(s); Applicant: Ref No.: Michael B. Willits 18132 Highway 392 Greeley,CO 80631 970-381-1345 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit, including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit The issuing authority,the Department and their duly appointed agents and employees shall be held narmless against any action for personal injury or property damage sustained try reason of the exercise of the permit. Location:The access is located on State Highway 392, a distance of 4,213 feet east of Mile Post 114 on the south/right side. Access to Provide Service to: (Land Use Codc:) (Size or Count) (Units) Truck Terminal 1 EACH Additional Information: CDOT reserves the right to re-evaluate the access if an accident history should develop at this location. Re-evaluation could require restrictions to movements or highway improvements. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Lee Ireton with the Colorado Department of Transportation in Greeley, Colorado at(970) 350-2147, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permttteee gnature / Print Name Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signature / ( p Name Title t 1 Date f Issu ) (G�,t t7 u'>i' - 0-10 r-t 6_4(d2,-0&e. rrn� y"� 07 1O Copyf)latrlbutlon: Required: Make copies as necessary for Previous edition ar obsolete Dater ma not be used 1.Region 3.5taff Access Section _oval Authority Inspector Page of 3 CDOT Form#101 5/07 2.Applicant 4.Cantral Files MTCE Patrol Traffic Engineer State Highway Access Permit PERMIT EXPIRATION Form 101, Page 2 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date The following paragraphs are excerpts of the State Highway or before the expiration of any authorized extension. When Access Code. These are provided for your convenience but the permittee is unable to commence construction within one do not alleviate compliance with all sections of the Access year after the permit issue date, the permittee may request a Code. A copy of the State Highway Access Code is one year extension from the issuing authority. No more than available from your local issuing authority(local government) two one-year extensions may be granted under any or the Colorado Department of Transportation (Department). circumstances. If the access is not under construction within When this permit was issued, the issuing authority made its three years from date of issue the permit will be considered decision based in part on information submitted by the expired. Any request for an extension must be in writing and applicant, on the access category which is assigned to the submitted to the issuing authority before the permit expires. highway, what alternative access to other public roads and The request should state the reasons why the extension is streets is available, and safety and design standards. necessary, when construction is anticipated, and include a Changes in use or design not approved by the permit or the copy of page 1 (face of permit) of the access permit. issuing authority may cause the revocation or suspension of Extension approvals shall be in writing. The local issuing the permit. authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the APPEALS Department of all denied extensions within ten days. Any 1. Should the permittee or applicant object to the denial of person wishing to reestablish an access permit that has a permit application by the Department or object to any of expired may begin again with the application procedures.An the terms or conditions of a permit placed there by the approved Notice to Proceed, automatically renews the Department, the applicant and permittee (appellant) have a access permit for the period of the Notice to Proceed. right to appeal the decision to the (Transportation] Commission [of Colorado]. To appeal a decision, submit a CONSTRUCTION request for administrative hearing to the Transportation 1. Construction may not begin until a Notice to Proceed is Commission of Colorado within 60 days of transmittal of approved. (Code subsection 2.4] notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of 2. The construction of the access and its appurtenances Colorado, 4201 East Arkansas Avenue, Denver, Colorado as required by the terms and conditions of the permit shall 80222-3400. The request shall include reasons for the be completed at the expense of the permittee except as appeal and may include changes. revisions, or conditions provided in subsection 2.14. All materials used in the that would be acceptable to the permittee or applicant. construction of the access within the highway right-of-way or on permanent easements, become public property. Any 2. Any appeal by the applicant or permittee of action by a materials removed from the highway right-of-way will be local issuing authority shall be filed with the local authority disposed of only as directed by the Department. All fencing, and be consistent with the appeal procedures of the local guard rail, traffic control devices and other equipment and authority, materials removed in the course of access construction shall be given to the Department unless otherwise instructed by 3. In submitting the request for administrative hearing, the the permit or the Department inspector. appellant has the option of including within the appeal a request for a review by the Department's internal 3. The permittee shall notify the individual or the office administrative review committee pursuant to [Code] specified on the permit or Notice to Proceed at least two subsection 2.10. When such committee review is requested, working days prior to any construction within state highway processing of the appeal for formal administrative hearing, right-of-way. Construction of the access shall not proceed 2.9(5) and(6), shall be suspended until the appellant notifies until both the access permit and the Notice to Proceed are the Commission to proceed with the administrative hearing, issued. The access shall be completed in an expeditious and or the appellant submits a request to the Commission or the safe manner and shall be finished within 45 days from administrative law judge to withdraw the appeal. The two initiation of construction within the highway right-of-way. A administrative processes, the internal administrative review construction time extension not to exceed 30 working days committee, and the administrative hearing, may not run may be requested from the individual or office specified on concurrently. the permit. 4. Regardless of any communications, meetings, 4. The issuing authority and the Department may inspect administrative reviews or negotiations with the Department the access during construction and upon completion of the or the internal administrative review Committee regarding access to ensure that all terms and conditions of the permit revisions or objections to the permit or a denial, if the are met. Inspectors are authorized to enforce the conditions permittee or applicant wishes to appeal the Department's of the permit during construction and to halt any activities decision to the Commission for a hearing, the appeal must within state right-of-way that do not comply with the be brought to the Commission within 60 days of transmittal provisions of the permit, that conflict with concurrent of notice of denial or transmittal of the permit. highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by right-of-way or any adopted municipal system and drainage law, or the health and safety of workers or the public. plan. 5. Prior to using the access, the permittee is required to 11. By accepting the permit, permittee agrees to save, complete the construction according to the terms and indemnify, and hold harmless to the extent allowed by law, conditions of the permit. Failure by the permittee to abide by the issuing authority, the Department, its officers, and all permit terms and conditions shalt be sufficient cause for employees from suits, actions, claims of any type or the Department or issuing authority to initiate action to character brought because of injuries or damage sustained suspend or revoke the permit and close the access. If in the by any person resulting from the permittee's use of the determination of the Department or issuing authority the access permit during the construction of the access. failure to comply with or complete the construction requirements of the permit create a highway safety hazard, CHANGES IN ACCESS USE AND PERMIT VIOLATIONS such shall be sufficient cause for the summary suspension 1. It is the responsibility of the property owner and of the permit. If the permittee wishes to use the access prior permittee to ensure that the use of the access to the to completion, arrangements must be approved by the property is not in violation of the Code, permit terms and issuing authority and Department and included in the permit. conditions or the Act.The terms and conditions of any permit The Department or issuing authority may order a halt to any are binding upon all assigns, successors-in-interest, heirs unauthorized use of the access pursuant to statutory and and occupants. If any significant changes are made or will regulatory powers. Reconstruction or improvement of the be made in the use of the property which will affect access access may be required when the permittee has failed to operation, traffic volume and or vehicle type, the permittee or meet required specifications of design or materials. if any property owner shall contact the local issuing authority or the construction element fails within two years due to improper Department to determine if a new access permit and construction or material specifications, the permittee shall be modifications to the access are required. responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. 6. The permittee shall provide construction traffic control The Department or issuing authority may summarily devices at all times during access construction, in suspend an access permit and immediately order closure of conformance with the M.U.T.C.D. as required by section 42- the access when its continued use presents an immediate 4-104, C.R.S., as amended. threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, G.R.S. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, MAINTENANCE relocate, or repair a traffic control device or public or private 1. The permittee, his or her heirs, successors-in-interest, utilities for the construction of a permitted access, the assigns, and occupants of the property serviced by the relocation, removal or repair shall be accomplished by the access shall be responsible for meeting the terms and permittee without cost to the Department or issuing conditions of the permit; the repair and maintenance of the authority, and at the direction of the Department or utility access beyond the edge of the roadway including any cattle company. Any damage to the state highway or other public guard and gate, and the removal or clearance of snow or ice right-of-way beyond that which is allowed in the permit shall upon the access even though deposited on the access in the be repaired immediately.The permittee is responsible for the course of Department snow removal operations. Within repair of any utility damaged in the course of access unincorporated areas the Department will keep access construction, reconstruction or repair. culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for 8. In the event it becomes necessary to remove any right- the repair and replacement of any access-related culverts of-way fence, the posts on either side of the access shall be within the right-of-way. Within incorporated areas, drainage securely braced with an approved end post before the fence responsibilities for municipalities are determined by statute is cut to prevent any slacking of the remaining fence. All and local ordinance. The Department will maintain the posts and wire removed are Department property and shall roadway including auxiliary lanes and shoulders, except in be turned over to a representative of the Department. those cases where the access installation has failed due to improper access construction and/or failure to follow permit 9. The permittee shall ensure that a copy of the permit is requirements and specifications in which case the permittee available for review at the construction site at all times. The shall be responsible for such repair. Any significant repairs permit may require the contractor to notify the individual or such as culvert replacement, resurfacing, or changes in office specified on the permit at any specified phases in design or specifications, requires authorization from the construction to allow the field inspector to inspect various Department. aspects of constructicn such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the Form 101, Page 3 COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary • PURPOSE-This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-vray to • perform work related to their own facilities(such as Utility,Special Use or Access Permittees), about some of the more commonly • encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive-additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local,state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required fora• specific activity. IMPORTANT—Please Review The Following information Carefully—Failure to Comply With Regulatory Requirements Mal Result In Suspension or Revocation of Your CDOT Permit,Or Enforcement Actions By Other Agencies • •CLEARANCE CONTACTS-As indicated in the permit/clearance descriptions fisted below,the following individuals or agencies :may be contacted for additional information: -•• Colorado Department of Public Health and Environment(CDPHE) General!aestivation--(303)692-2035 Water Quality Control Division(WQCD)(303)692-3500 . Environmental Permitting Website http://www.cdphe.state.co.Ushaerimits:Sam;co.us/Dermits:aap : • • • :. • CDOT Water Quality Program Manager, Rick Willard(303)757-9343'.o• • • CDOT Asbestos Project Manager;Julia Horn(303)512-5519 • • Colorado Office of Archaeology and Historic Preservation:(303)866-3395 • U.S,Army Corps of Engineers,District Regulatory Offices: Omaha District(NE Colorado),Denver Office (303)979-4120 http://www.nwo.usace.army.mil/html/od-tl/tri-lakes.html • • Sacramento Dist.(Western CO), Grand Junction Office(970)243-1199 httn://www.sok.uswe.army.mil/cesok-co/requlatory/ o Albuquerque District(SE Colorado),Pueblo Reg.Office(719)-543-6915 http://www.spa.usace.army.mil/req/ • COOT Utilities,Special Use and Access Permitting:(303)757-9654 http://www.dot.state.co.us/Permits/. Ecological Resources-Disturbance of wildife shah be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any• threatened or endangered species are encountered during the progress of the permitted work,work in the subject area shall be halted and the COOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately... : Authorization must be provided by COOT prior to the continuation of work. Information about threatened or endangered species may. : be obtained from the CDOT website http:/w ww.dot.state.co.us/environmental/WlldllfelGuidelines.aso,or the Colorado Division of Wildlife websfte http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance maybe provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources—The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation(OAHP),Denver,to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources speciaiist may be necessary,per the recommendation of OAHP and/or COOT. if archaeological or historical artifacts are encountered during the progress of the permitted work,work in the subject area shall be halted and the COOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. •• Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact information .Contact the OAHP at(30866-3395. General Prohibition—Discharges-All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water,paint,automotive fluids, solvents,oils or soaps. Contact information: Contact the CDOT Water Quality Program Manager at(303)757-9343,or the Colorado Department of Public Health and Environment.Water Quality Control Division(WQCD)at(303)692-3500. General Authorization-Allowable Non-Stormwater Discharges-Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State,the followina discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation,diverted stream flows, uncontaminated ground water infiltration to separate storm sewers,discharges from potable water sources, foundation drains,air conditioning condensation, irrigation water, springs, footing drains;water line flushing,flows from riparian habitats and wetlands,and flow from fire fighting activities. Contact information' The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division(telephone#'s listed above). Hazardous Materials,Solid Waste-The Solid Wastes Disposal Sites and Facilities Act-C.R.S.30-20=100,et al,and Regulations Pertaining to Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),prohibit solid waste disposal without an approved Certificate of Designation(a landfill permit). The Colorado Hazardous Waste Act C.R.S.25-15-301 et al,and the Colorado Hazardous Waste Regulations(6 CCR 1007-3)prohibit the transfer,storage re disposal(TSD)of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore,ail solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point(e.g.,for solid waste,a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination(including oil or gasoline contaminated soil,asbestos,chemicals,mine tailings,etc.) is encountered during the performance of work,the permlttee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact info:Contact the CDOT/CDPHE Liaison at(303)757-9787. • Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November'07 Asbestos Containing Materials,Asbestos Contaminated Soil—All work on asbestos containing materials(ACM)must comply with the applicable requirements of the CDPHE Air Pollution Control Division's(APCD)Regulation 8. Disposal of ACM, and work done in asbestos-contaminated soil,must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD)Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which =:: authorization is being requested. Additional guidance or requirements may be specified In the permit special provisions. Contact Info:CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above:• Additional information concerning clearance on CDOT projects is available from Julia Horn,COOT Asbestos Project Manager(303) 512-5519,or Theresa Santangelo-Dreiling, Property Management Supervisor(303)512-5524: Construction Stormwater Permit;Stormwater Discharge From industrial Facilities-Discharges of stormwater runoff from construction sites disturbing one acre or more-or certain types of industrial facilities-requires a CDPS Stormwater Permit. Contact . Information:For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract,please contact the CDOT Water Quality Program Manager at(303)757-9343. Otherwise,contact the CDPHE Water Quality Control Division at(303)692-3500. Website:http://www.cdphe.state.co.us/wo/PermitsUnib'wacdomt.htmi Construction Dewaterinq(Discharge or infiltration)—Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at(303)692-3500. Website:httpaiwww.cd•he.state.co.us/w./PermitsUnit/w.cd•mt.html Minimal Industrial Discharge Permit-Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters,may require a Minimal industrial Discharge Permit("MINDI"). Contact info:Contact the CDPHE WQCD at(303)692-3500. Website:http://www,cdphe.state.co.us/wq/PermitsUnit/wgcdprr.t.html Municipal Separate Storm Sewer system(MS4)Discharge Permit Discharges from the storm sewer Systems of larger • municipalities,and from the COOT highway drainage system that lies within those municipalities,are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit,the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the ., . Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations,and are subject to inspection by the COOT and the CDHPE. Contact Information:Contact the CDPHE Water Quality Control Division at(303)692-3500 for a listing of municipalities required to obtain MS-4 Permits,or go to http://www.cdohe.stake.co.us/wa1PermitsUnit/wacdpmt.htmi#MunicioalFormsGuldance. • Discharge of Dredged or Fill Material-404 Permits Administered By the U.S.Army Corps of Engineers,and Section 401'. Water Quality Certifications Issued by the CDPHE WQCD-Corps of Engineers 404 Permits are required for the discharge of • dredged or fill materials into waters of the United States,including wetlands. There are various types of 404 Permits,including Nationwide Permits,which are issued for activities with relatively minor impacts. For example,there is a Nationwide Permit for Utility•: Line Activities(NWP#12). However,depending upon the specific circumstances, it is possible that either a"General"or"Individual" 404 permit would be required. If an Individual 404 Permit is required,Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required(information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at(303)692-3500. Erosion and Sediment Control Practices For activities requiring a Construction Stormwater Permit,erosion control requirements will be specified through that permit. in those situations where a stormwater permit is not required,all reasonable measures should be taken in order to minimize erosion and sedimentation. In either case,the COOT Stormwater Quality and Erosion Control Guide(2002) should be used to design erosion controls. Contact information:The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at(303)757-9313 ar from:http://www.dot.state.co,us/envircnrrentel/envWaterQualiwgms4.asp Disposal of Militia Fluids-Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as"discharges" or"solid wastes",and in general,should be pumped or vacuumed from the construction area,removed from the State Highway Right of Way,and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains,storm sewers,roadside ditches or any other type cf man-made or natural waterway Is prohibited by Water Quality Control and/or Solid • Waste regulations. Small quantities of drilling fluid solids(less than 1 cubic yard of solids)may be left on-site after either being •. separated from fluids or after infiltration of the water,provided: 1)the drilling fluid consists of only water and bentonite clay,or,if required for proper drilling properties,small quantities cf polymer additives that are approved for use in drinking water well drlltng;2) the solids are fully contained in a pit,and are not likely to pose a nuisance to future work in the area,3)the solids are covered and the area restored as required by CDOT permit requirements(Utility,Special Use,or Access Permits,etc.). Contact information: Contact the COOT/CDPHE Liaison or COOT Water Quality Program Manager. Concrete Washout-Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters,or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the COOT Environmental Program and shall be in accordance to COOT specifications and guidelines. Contact information: Contact the COOT Water Quality Program Manager at(303)757-9343. Spill Reporting -Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the COOT Illicit Discharge Hotline at(303)512-4446(4H20),as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways,into waterways,or that may otherwise present an Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation November'07 immediate danger to the public shall be reported by calling 911,and shall also be reported to the CDPHE at 1-(877)-518-5608. Transportation of Hazardous Materials-No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR,Part 171. The hazardous material must be properly classed,described, packaged,marked,labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption,approval or registration has been issued. Vehicles requiring a placard,must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For • authorization and more info call the Federal Motor Safety Carrier Administration,US DOT for inter-and Intra-state HAZMAT • Registration(303)969-6748. Colorado Public Utilities Commission: (303)894-2868. Paleontology-The applicant must request a fossil locality fi;e search through the University of Colorado Museum,Boulder,and the Denver Museum of Nature and Science to ascertain if pa:eontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary,per the recommendation of COOT. If fossils are encountered during the : permitted work,all work in the subject area shall be hafted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by COOT prior to the continuation of work; ..•- Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at(303)757-9632.-.. • . Working on or in any stream or its bank-In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct,diminish,destroy,change,modify,or vary a natural existing stream or its banks or tributaries,it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1)represented by a solid blue line on USGS 7.5' quadrangle maps;and/or 2)intermittent streams providing live water beneficial to fish and wildlife;and/or 3)segments of streams supporting 25%or more cover within 100 yards upstream or downstream of the project;and/or 4)segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife(CDOW) application,as per guidelines agreed upon by COOT and CDOW,can be accessed at • - www.dot.state.co.us/environmental/wildlife/permitapplication.asp. . About This Form-Questions or comments about this Information Summary may be directed to Dahir Egal,CDOT Safety 8 Traffic Engineering, Utilities Unit,at(303)757-8344,dahir.uate)dot.state.co.us Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation November'07 ;1‘-4".. 1.of = •.k j z '," .If f,' "t r t.,ir...i a O > lr to ? p a L a .a .0, / 1/...',r'�' )„ v . X >, 3 e - iii U v m 4 oa a C •f v '1 r e. �/ o a 0 z o = a e 6 °i a#. + �k' c e ',tat' Cg: U l'5 E C1 S a a) a y E ;l ,( •t•4. }�,,a� �7, •. 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The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3.Incorporated as part of this permit are the following: Application for Access Permit(CDOT Form No. 137) Permit(CDOT Form No. 101) and its two page attachment Exhibits: "A"-Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon existing and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction(current edition). 6. This permit is subject to revocation due to: I) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 7. The Department retains the right to perform any necessary maintenance work in this area. 8. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requires the Permittee to obtain a CDOT Landscaping Permit from the Traffic/Access Section. The access permit does not authorize that activity. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Gloria Hice-Idler at the Greeley Traffic Office, (970) 350-2148, to obtain the Landscaping Permit. 9. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right- of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 10.No reconstruction of the access is being proposed with this permit. 11. Any access gate shall be set back so that the longest vehicle using the access can completely clear the traveled way when the gate is closed. State Highway Access Permit 2 Attachment to Permit No. 410102-Additional Terms and Conditions 12. The access shall be maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 13. The maintenance of the access and/or redevelopment of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. 14. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction-Environmental Guidance webpage at http://www.dot.state.co.us/environmental/Forrns/asp. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substance such as: wash water, paint, automotive fluids,solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System Permit: landscape irrigation,diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air condition condensation, irrigation water, springs, footing drains, waterline flushing, flows from riparian habitats and wetlands,and flow from fire fighting activities. ANY OTHER DISCHARGES, including storm water discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from CDPHE before work begins. For additional information and forms,go to the CDPHE website at: http://cdphe.state.co.us/wq/PermitsUnit/wqu. `COLORADO DEPARTMENT OF TRANSPORTATION Issuing authorltyapplication STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance date: 9/a`4 �Atli 04 Insfuctions: -Contact the Colorado Department of Transportation(CDOT)or your fecal government to determine your issuing authority. - Contact the Issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form(soma questions may not apply to you)and attics at necessary documents and Submit it to the Issuing authority. Please print - Submit an application for each arzPas affected_ ortype - If you have any questions contact the issuing authority. -For additional information see Coors Access Management website et http;fiwww.dotstate.co.us/Access 1)Property owner(Pennittee) 2)Applicant or Agent tor permittee(if different from property owner) m i Ip tf .,I<<<rs- Street address Mating address '/3 City,state&zip Phone# City,state&zip Phone#(required) 6c63/ cho 38/ E-mail address ! E-mail address if available mb;. IJ/r' 94-ta1/ Ca 3)Address of property to be std by permit(required) )e30 l 392 6Pedey ec, g 4)Legal eastaiption of property:If within jurisdictional Intuits of Miuficipafity,city and/or County,which one? mainly aubc5vlekw hl,c bt ,teaao, to •v _.� ram* 5)What State HighwaY are you requesting access from? 6)What side of the highway? 392 ON OS ❑ E ❑w 7)How martyr feet Is the proposed access from the nearest� mile post? How many feet Is the proposed access from the nearest cross street? feet CNiStE 0W)from:J 4..T._�_ .,..�feet QNQSDEQW)from: _ 8) t Is the approximate date you intend to begin construction? i 9)Check here if you are requesting a: new access Otemponary access(duration anticipated: ) [Jmprov,ment to existing access change in access use nremova]of accessocationof an existing access(provide detail) -- in)Provide exert ng property use Trucking 11)Do you have knowledge of any State Highway access permits serving this property,or adjacent properties in which you have a property interest? Eno ©yes.if yes-what are the permit number(s)and provide copies: and/or,permit dale: 12)Does the property owner own or have any intemsm In any adjacent property? Eno ayes.If yes-please describe: Property to the west 13)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the property? no Eyes,if yea-list them on your plans and indicate the proposed and existing access points. 14)If you are requesting agricultural field access-how many acreswfli the access serve? 15)If you are requesting commercial or Industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business/land use square footage business square footage Trucking II! f E � 16)if you are requesting residential developement errns5,what is the type(single family,apartment,townhouse)and number of units? type number of units type number of units/ { t iI 1 t 1 17)Provide the following vehicle count estimates for vehicles that will use the access.Leaving the property then returning is two counts. Indicate if your counts are •el l,net art light trtnta at pear flour vehanaa a d rout tot corn.,at paex how vounaa peak hour volumes or Coverage daily volumes. 60 r w ai,gra urn vatukts In mess of 30 It tot tern rerlrxa(hetd ertipmettt) Total count of all vehicles 60 Previous editions ere obsolete and may not be used Pape 1 of 2 COOT Form 0137 cent 18)Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a)Property map it cating otheraccess,bordering roads ant:streets. e) Subdivision,zoning,or development plan. b) H iighway and criveway pion profile. f) Proposed access design. c) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. d) Map and letters detailing utility locations before and after h) TrafTrc studies. development In and along the right-of-way. i) Proof ofgwn rship. 1- It is the applicant's responsibility to contact appropriate agencies and obtain alt environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The COOT Environmental Clearances information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the COOT Planning/Construction-Environmental-Guidance webpage http://www.dot.state.co.us/environmental/Forms.asp. 2- All workers within the State Highway right of way shalt comply with their employer's safety and health policies/ procedures, and all applicable U.S.Occupational Safety and Health Administration (OSHA) regulations-including, but not limited to the applicable sections of 29 CFR Part 1910 -Occupational Safety and Health Standards and 29 CFR Part 1926 -Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves,etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles,shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 107-1999, class 2);head protection that complies with the ANSI Z89.1-1997 standard;and at alt construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41-1999. Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shalt apply. 3- The Permittee is responsible for complying with the Revised Guidelines that have bean adopted by the Access Board under the American Disabilities Act(ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: <httri://www.dotstate.co.us/DesignSupporti>, then click on Design Bulletins. If an access permit is is- led to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions fisted on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws,that all Information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. App icant or Agent far Pormiuee signature Print name Date if the applicant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this application by all owners-of-interest unless stated in writing. If a permit is issued, the property owner, in most cases, wilt be listed as the permittee. 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A, , }A\ .. t1r?� ill'" d r\4,a © 1999-2010 Paul Neave Flash Earth Help // About Neave 1/ (gs) Grid-Service by Media Temple K, , lis Ag 7M' �4+ t 1 \• • .4 kvia Fr. Ss /t• � 1 t � E . !, ‘ 1 1 ' •_ 1i tiki. I I 1 1. 1 , 1 mks1 il - lofo � http://www.flashearth.com/ 9/24/2010 August 30,2010 I have started this letter three times and couldn't get through it because of the anger and dismay that builds as I tell the story. I have 10 acres /2 mile west of Lucerne off Hwy 392; some know it as Willies Grain Trucking. Two of the 10 acres are for my house; the remaining 8 are what has been the business property. The business was located there in 1981 and the home built in 1987. The business prospered until 2004 when fuel, insurance, licenses, and employee taxes all started to cost more. I tried several strategies to stay competitive including not taking a salary, downsizing the company fleet, and using the equity in my home to keep money in the company. All of the efforts simply didn't work. Then in 2007 my wife of 21 years wanted divorced. Nearly all of the loans came from New Frontier Bank and were collateralized adequately until the pressures of declining revenues and lower property values became our reality. In 2008 I still wasn't getting a salary and brought in another small trucking operation that would help pay expenses of taxes, utilities and insurance by using my shop and yard. By December of 2008 the cost of interest on the loans at New Frontier were getting ahead of the revenues. I went to the Bank and we worked out an agreement to mitigate the spiraling interest costs. Part of that agreement was that they would accept The Deed of the 8 acres in Lieu of the then principle and interest for some of the Loans. Then in March of 2009, in comes the FDIC. The net result is the Bank had a few notes in the file but no formal documentation of the agreement to pay the loans from the Deed in Lieu. I sent the FDIC copies of my communication with my loan officer and details of the meeting I had with Larry Seastrom making the agreement, and that I was still willing to fulfill the terms of that agreement.They were only interested in cash and wanted it now. As you all know the FDIC has been selling off loans. I am now in debt to two different lenders. One of them hasn't made demand for payment but the one company has started a lawsuit against me that could result in a Lien and/or judgment for$411,000.00.The other amount could be $390,000.00. I was lucky to have scraped and borrowed enough to get my house loan away from the same company filing the lawsuit. They are ugly to do business with. They demand full payment and include interest from the day they bought the loan even though they paid 30-40 cents on the principle. This puts my daily interest at$160.00 +/-. So where do you (Weld County Commissioners and Staff) fit into all this? Last month I listed the 8 acres of the Willies Grain property For Sale. I could pay off nearly all what is owed to these unscrupulous vultures and keep out of court, out of foreclosure, and probably avoid bankruptcy. There have been as many as 5 companies inquire at the Weld County Planning office about the zoning and various uses they have in mind if they purchase my property. Not sure what they were all told but I do know that two of them were told they would have to go through a complete application process and that it takes 6 months before there is a (vote?) or first indication of when there might be an approval of their intended use. If you do the math that in itself turns into $28,800.00 interest added on to my debt. And you say that it could take longer? This is when I get angry. The one company is primarily trucking. He has a first-class operation with a reputation to be proud of. My operation has been trucking. Would someone there explain to me why on God's green earth that it takes 6 months to figure out if a trucking company should be allowed to run a business at a property that has run a trucking business for nearly 30 years??? Staff should be embarrassed and reprimanded for this ridiculous response. I think their response to the businessman that wanted to use the property for his Dairy Services company was equally irresponsible. It is like we present a terrorist threat. I have been told that my USR has a clause stating it isn't "transferable" and in the next breath the staffer says "that's not how we usually write these". I think the facts and common sense make clear what ought to be done. I suppose staff can plan for a long career as they keep busy stringing out applications and "following-up" bogus problems. I don't know what I am going to do. But I assure you I will not hesitate to tell the story to anyone that inquires "how's it going?".There will plenty of discussion with attorneys and eventually a Judge when he asks "why can't you pay your debt" ( want to guess what he hears?). I have tried to stay positive through a lot of adversity, but I don't know why I should accept, in a kind manner, the way business gets done at the county level. As of today I have been unable to pay property taxes for 2008 and 2009, my insurance has run out, and as stated before I am facing one lawsuit and another will be forthcoming. The result will be foreclosure and bankruptcy; all could be resolved by my county government permitting the sale of this property in a timely professional manner. Sincerely Michael Willits (40 year citizen/resident of Weld County) 18132 Hwy 392 Greeley 970-381-1345 SITE SPECIFIC DEVELOPMENT PLAN AMENDED SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MICHAEL WILLITS AMENDED USR #737 1 . The Site Specific Development Plan and Amended Special Review Permit is for a trucking operation to service the agricultural industry in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. The expansion of the operation is limited to the addition of a 6,960 square f maintenance, dispatch and service building for company-owned vehicles and a CtiuckqralerwastrnAfadlity. ?. Approval of this plan may create a vested property right pursuant to Section 90 of the Weic County Zoning Ordinance. 3. The Use p- —Permit shall not be transferable to any successors in interesi o ert . 4. T ut faciliiy_..sbali be for private use only for vehieles owned-anc 5. The truck and trailer washout facility shall only wash trailers which have contained boxec food goods and bulk produce. No trailers may be washed which have hauled live animals or manure. If, in the future, the applicant wishes to transport live animals and include the washout of animal waste in e ra ion, a approval of an amendment to this Amendec Special Review Permit shall be required. 6. The truck and trailer washout facility shall be limited to the number of tractors and trailer that_may be washed in a cordancawith the e n Pr-ripsigne The total number Kasked tractor and trailer units shall not exceed thirty (30) per week. 7. A quarter-inch wire mesh grate shall be installed in all floor drains in the truck and trailei wash facility in order to prevent large organic material from entering into the septic systerr and to minimize odors. 8. (7 The sand in the truck wash sand filter shall be disposed in an approved sanitary landfill or , an as-needed basis. ). The odor abatement and response plan shall be implemented at the request of the We County Health Department in the event that odor levels detected off site of the facility mei or exceed the residential odor limit (7:1 dilution threshold), as specified by the Colorac I. Revised Statutes. The plan shall also be implemented in the event that the Heal' Department receives a significant number of odor complaints and, in the judgment of th uDirector of Public Health, there exists an odor condition requiring abatement. 0. An individual sewage disposal system is required for the proposed truck and trailer wa: facility and office. Each system is required to be designed by a Colo a T Register o essional Engineer according to the Weld County I.S.D.S. regulations. 1. Any existing septic systems) which is not currently permitted through the Weld Coun n Health Department will require an I.S.D.S. evaluation prior to issuance of the required sept permit(s). In the event the system(s) is found to be inadequate, the system(s) must t brought into compliance with current I.S.D.S. regulations. 2. All liquid and solid wastes shall be stored and removed for final disposal in a manner th A. protects against surface and groundwater contamination. 3. ( No permanent disposal of wastes shall be permitted at this site. 4. q Waste materials shall be handled, stored, and disposed in a manner that controls fugitn dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), measured according to 25-12-102, CRS. 7. All construction on the property shall be in accordance with the requirements of the We County Building Code Ordinance. 8. The property owner or operator shall be responsible for complying with the Desi Standards of Section 24.5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operatic Standards of Section 24.6 of the Weld County Zoning Ordinance. Kim Ogle From: Lauren Light Sent: Monday, September 20, 2010 9:31 AM To: Kim Ogle Subject: usr-737 Here are some suggestions for the conditions you sent over: 6. delete the last sentence so if they upgrade the system they are limited by the size of the system. 10. delete and replace with: Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 16. delete the section that states "60 dba" so the condition reads: This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. Does this make sense? Let me know if you have any questions. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health& Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 1 V i � �ln -�•Jam_...ergo, 1...41, --,A--1_re Isle ' • I 1 - , O. s -01 �r \ I .....„› illi CT) - - to eCO n 1'. � Q vsr .I Q w �d 1.1 r :10. .i. ;,J I Z _ SI U.IIX CO w � = = �• i s . Z W M • 0) (n ~ OA, O I. . lit a Ce) . r77Ors 4, I W LL uO Z Z Cji .41 , I• wWOQ wgZ � w b�ti �� C ,rr- O O s r• A.,. ' /ij a z ;'i ` . 'j s I. If aff O teli _ . 7 , 1111 . 7 . , . . __ .• . . , it! , .JI l ___ __ _ .4., ___ L . L. ,. or ../.7. 1 .7411e-- . i .0e. . ;;Ete:- ` - . lir 47 .1 1 _ , ill 1_ • . i 1 -----440.,- . ///fr ,1 � 11 • I çT':: i r y , r . - _ Y — — •1 r _ , i � . . lir/1i, : , . }l - - 1 ,-1101.11. - _ • - - l ''. VW- . I eglikko. .= 111li _ -- . 1 i alb . /Or All r, Lip O (n t i 74m - a NI Y it M �{. •f cod - id%LHIII% . ...., • N • • (o N Cr) } i / � �I. 1 ir' V ID. 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I fi } q IC Ie ' .. c Z-I'l ` i ;Sit ii } i Sio , i1Le t[[ t i� i E , it iA i�%� i , 4ii is =t it31i� i : a• s i,� s Is 'Q i! s ' - '1111 i t 1111 ill •f t {flip Ii( tilt it i jt }a tt �z I; :.1 !III II tti1j1iIiI1iHitIILI lizi i1if � itiff }1iIIt {I .fl Aiiii1111tli� }1Mil }!tt W- a 4 ill e` i t' Will t14 { t c. 3 t l , 1 i ! <6 I! 'f.7\I • ., g} LC 0101i AIN=atilit S; =L i •` —..i%.—.0 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 5th day of October, 2010. MICHAEL WILLITS 18132 STATE HIGHWAY 392 GREELEY CO 80631-9415 OTIS COAN AND PETERS LLC ATTN FRED OTIS 1812 56TH AVENUE GREELEY CO 80634 ARLEN AND VICKIE ANDERSON AND LAD FARM PARTNERSHIP 35197 CORNERSTONE WAY WINDSOR CO 80550 BERG FARMS LLC PO BOX 148 LUCERNE CO 80646-0148 JOAN MILNE 18457 STATE HIGHWAY 392 PO BOX 22 LUCERNE CO 80646 ED ORR 1813 61ST AVE #200 GREELEY CO 80634 DOUGLAS AND LINDA RICHARZ 33060 COUNTY ROAD 37 GREELEY CO 80631 Deputy Clerk to the Board AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 080319200055 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. : Signature etoi13 Date Property Owners Within 50.0 ft. of Parcel# 080319200055 NAME MAILING ADDRESS PARCEL IDENTIFICATION ANDERSON ARLEN E & VICKIE S (1/2 35197 CORNERSTONE INT) & WY 080318300028 Additional Owners: WINDSOR,CO 80550 L A D FARM PARTNERSHIP (1/2 INT) P O BOX 148 BERG FARMS LLC 080319000010 LUCERNE,CO 80646-0148 18457 HWY 392 MILNE JOAN M P O BOX 22 080318000003 LUCERNE,CO 80646 1813 61ST AVE NO 200 ORR ED 080319200057 GREELEY,CO 80634 PUBLIC SERVICE CO OF COLO 080319000001 TAX COMM, RICHARZ DOUGLAS E & 33060 COUNTY ROAD 37 080318300025 Additional Owners: GREELEY,CO 80631 RICHARZ LINDA J 18132 HIGHWAY 392 WILLITS MICHAEL B 080319200054 GREELEY,CO 80631-9415 PLa05% file://C:\Documents and Settings\egesick\Local Settings\Temporary Internet Files\Content.... 9/30/2010 Esther Gesick From: Kim Ogle Sent: Tuesday, October 12, 2010 12:08 PM To: Esther Gesick Subject: FW: Mike Willits/AMUSR 737 Attachments: _1012115144_001.pdf Please add to file for Willits for tomorrow's meeting From: Fred Otis [mailto:FLOtis@nocolegal.com] Sent: Tuesday, October 12, 2010 11:57 AM To: Kim Ogle; Trevor Jiricek Cc: Mike Willits; Greg Ingram (gingram@leedenergy.com) Subject: Mike Willits/AMUSR 737 Kim and Trevor, per our previous conversations about notice, Mike Willits has contacted all of the neighbors, except Public Service Company. All of the contacted neighbors, including Ed Orr have signed the letter of approval that is attached to this email. If you can, please send me the Staff recommendation that will be presented to the Commissioners at tomorrow's hearing. Fred L. Otis Otis,Coan &Peters, LLC 1812 56th Avenue Greeley,CO 80634 Phone: 970/330-6700 Fax: 970/330-2969 flotis@nocolegal.com The information contained in this e-mail is privileged and confidential information, intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at(970)330-6700 or reply by e-mail and delete or discard the message.Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Otis, Coan & Peters, LLC. I MIKE WILLITS 18132 Highway 392 Greeley,Colorado 80634 October 1,2010 Re: Mike Willits/Amended Recorded Exemption No 0803-19-2 AMRE-813 located at 18132 Highway 392, Greeley, Colorado (the"Property") and Amended Use by Special Review #("AMUSR 737"). Dear Neighbor: As you know, I own the referenced Property. The Property was given Use by Special Review permit#737("USR 737") by Weld County in 1995 to operate my trucking operation known as Willies Grain. Economic times have changed and I am being forced to sell my property to pay my debts. I have located a buyer that wants to lease the Property to Northern Plains Trucking("Northern Plains"), a company that hauls water for the oil and gas industry in Weld County. I am asking that the Weld County Commissioners permit a change AMUSR 737 to allow the transfer of AMUSR 737 to Northern Plains. The Commissioners will want to be assured that my neighbors are aware of what is happening and that you have no objection. 1 am requesting your support Sr--this prop al. If you approve, please sign your name in the area below. Arlen &Vickie S nderson LEA Farm Pd'rtnership —714-011 7( , ' r-- Berg F�arms2LC Joan M. Milne Ed Orr Public Service Com any of Colo. ouglas E. Lin . icharz Hello