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Home My WebLink About20093131.tiff• • sty. WI`DC COLORADO SITE PLAN REVIEW Administrative Review Case Number: Site Plan Review 427 Parcel Number 1059 09 100027 Applicant: Colorado Sweet Gold LLC Situs Address: 8714 State Highway 60, Johnstown CO 80534 Represented By: Lafarge West Inc c% Anne Best Johnson 11409 Business Park Circle Suite 200, Longmont CO 80504 Legal Description: Part of the N2 of Section 9, Township 4 North, Range 67 West of the 6th P.M., Weld County, CO Zoning: Industrial, 1-3 Proposed Use: Four (4) Asphalt Cement (AC) storage tanks (40' tall x 100' in diameter) with 2 heater units and a modular office building. Site Plan Review Standards Comments Meets the Intent of the Weld County Code Site Plan Certification Included in Application YES Retention Facilities Engineering Dept. Approved with conditions per Memo from D. Snyder, Weld County Dept. of Public Works, dated January 16, 2009 YES Off-street Parking Approved YES Loading Areas Approved YES Access Approved with conditions per Memo from D. Snyder, Weld County Dept. of Public Works, dated January 16, 2009 YES Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping Approved with conditions per Memo from K. Ogle, Weld County Department of Planning Services, dated December 15, 2008 YES Trash Collection and Storage See comments NO Potable Water Town of Johnstown — See Comments NO Sewage Disposal Town of Johnstown — See Comments NO Environment Standards YES Property Maintenance See Comments N() 2009-3131 SPR-427 Page 1 • • This site plan review is approved with the attached conditions: 1. The Site Plan Review Map shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copy the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' staff within 30 days of the approval and with payment of eleven ($11.00) dollars per sheet. (Department of Planning Services) 2. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: /A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) i IBC t B. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection ,t J Section that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. \A � (Department of Public Health and Environment) C. In the event that 1 or more acres are disturbed during the construction and \ka. development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the SPR-427 Page 2 Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment The applicant shall provide the Department of Planning Services with a completed property maintenance plan in accordance with Section 23-2-250.6.7 of the Weld County Code. (Department of Planning Services) The applicant shall attempt to address the requirements (concerns) of the Town of Johnstown, as stated in the referral response received January 15, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements (concerns) of the Weld County Building Inspection, as stated in the referral response received January 14, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements (concerns) of the State of Colorado Division of Transportation, as stated in the referral response received December 31, 2008. Specifically, an approved access permit shall be submitted to the Department of Planning Services and the plat shall delineate the future right-of- way as required. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements (concerns) of the Landscape referral from the Department of Planning Services, as stated in the response received December 15, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) L. The applicant shall submit a Private Improvements Agreement according to policy. The applicant shall submit to the Department of Planning Services itemized -bids for all improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by County Staff. (Department of Planning Services) The applicant shall submit a partial vacation of the plat for Site Plan Review SPR-95 to the Department of Planning Services. (Department of Planning Services) A.. The applicant shall submit a copy of a water and sewer bill from the Town of Johnstown to the Department of Planning Services. (Department of Planning Services) SPR-427 Page 3 O. The plat shall be amended to delineate the following: The Site Plan Review Plat shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. (Department of Planning Services) The proposed four (4) parking spaces including one (1) spaces designed to meet the Americans with Disabilities Act (ADA) are adequate to address the proposed use of the property. (Department of Planning Services) The applicant shall adhere to the lighting standards, in accordance with Section 23-2-250 and Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 4/ A detail of the dumpster enclosure shall be added to the plat. (Department of Planning Services) 5. The entrance radii needs to be enlarged to 60' to accommodate large truck traffic. (Department of Public Works) P. The following notes shall be placed on the plat: 1. In accordance with the Weld County. Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial/Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 2. The application does not propose any portion of the leased area of the site to be leased to another party. In the event that a portion of the building or lot is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, Mountain View Fire Protection District, ATF and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application and/or a Final Plat Resubdivision. (Department of Planning Services)\ The tanks shall be painted a neutral tone. (Department of Planning Services) 4. Prior to the issuance of the Certificate of Occupancy for the office an individual sewage disposal system is required for the proposed office and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The ISDS shall be sized to accommodate all people utilizing the facility which includes truck drivers, service people and any other personnel entering the facility. (Department of Public Health and Environment) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and SPR-427 Page 4 • • groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the office trailer. (Department of Public Health and Environment) 12. Adequate drinking, handwashing and toilet facilities shall be provided for employees, service people, truck drivers and any other personnel entering the facility. (Department of Public Health and Environment) 13. The restroom facilities on the adjacent Colorado Sweet Gold, LLC property shall be utilized until such time the office trailer is constructed. (Department of Public Health and Environment) 14. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 15. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 16. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division, as applicable. (Department of Public Health and Environment) 17. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) SPR-427 Page 5 18. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 19. No staging or parking of vehicles will be allowed. On -site parking shall be utilized at all times. (Department of Public Works) 20. The historic stormwater flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 21. Weld County will not be responsible for the maintenance of drainage related facilities. (Department of Public Works) 22. All structures, including signs, on site must obtain the appropriate building permits. (Departments of Planning Services and Building Inspection) 23. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 24. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-3-350, Weld County Code. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-3-360, Weld County Code. 27. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Building Department) 3. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. (Department of Planning Services) 4. Prior to the release of building permits: A. A Final Site Plan and building construction plans must be submitted to the Johnstown Fire Protection District for review and approval. The applicant shall submit written evidence of approval to the Department of Building Inspection. (Department of Building Inspection) B. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado SPR-427 Page 6 registered architect or engineer. Two complete sets of plans are required when applying for each permit. Provide a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application. (Department of Building Inspection) C. Each building will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) D. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) Site Plan Review conditionally approved by: Date: Jacqu tine Hatchtrouillard February 10, 2009 lt� k SPR-427 Page 7 FIELD CHECK Inspection Date: 2/5/09 APPLICANT: Colorado Sweet Gold LLC represented by Lafarge West Inc do Anne Best Johnson CASE # : SPR-427 REQUEST: Site Plan Review LEGAL: Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, CO. LOCATION: Approximately IA mile east of CR 17 and south of and adjacent to State Highway 60. PARCEL ID #: 1059 09 100027 ACRES: 182 +/- total - SPR site consists of +/- 8 acres Zoning Land Use N 1-3 N Agricultural / RR E 1-3 E Industrial S A S Agricultural W 1-3 W Industrial / Residential COMMENTS: Location of new SPR is vacant. Other uses on the property consist of the following Baseball field to the west Water lagoons on the far east side Railroad spur Lot is level next to State Highway 60 then slopes down to the creek on the south part of the property. Two access points — dirt access Jacque ne Hatch- rouillard, Planner Page 1 of 2 CPC- 42-7 Kim Ogle To: Cozad, Julie Cc: Hora, Pam; Clayton D. Kimmi; Don Dunker; Chris Gathman Subject: RE: Questions Julie and Pam Lafarge Storage Tanks - New access. County Staff provided direction to you regarding the need to have follow- up consideration for the access to this facility. In Jacqueline's response she states: "At our Friday staff meeting on July 17th it was determined that to change the location of the access we are requesting new maps and a narrative be submitted. We would then re -send it out for referrals and provide back revised staff comments. I emailed Pam this on the same day. Public Works had concerns with the railroad crossing and we wanted CDOTs, the towns, the fire district etc to be able to comment on the change. The want to move the access 172' to the west." I was not present at this staff meeting, hence my request for follow-up from the case manager. Colorado Sweet Gold: I have no issue in amendment to the SPR permit boundary with the proposed site application. If known the uses proposed should also be addressed, including potential future uses, if in generic terms at this juncture. Thank you for your patience. Kim From: Cozad, Julie[mailto:Julie.Cozad@tetratech.com] Sent: Friday, July 31, 2009 11:22 AM To: Kim Ogle Cc: Hora, Pam Subject: Questions Kim, Pam and I called you several times last week and I know that you are very busy, but we need to have a couple of things addressed: 1. Lafarge AC Storage tanks: We would like to quickly talk to you about the access road to the facility. Pam is sending you a letter as well, but we also wanted to give you a heads up about the situation before just sending the letter. 2. Colorado Sweet Gold: You can answer this question in your e-mail response: Can we adjust the boundaries of the existing SPR as a part of the amendment? I think we had a couple of other things too, but they must not have been very important because we have now forgotten what they were. If you could just give us a quick call on Monday and reply to this e-mail, it would be very much appreciated. Thanks, Julie Julie A. Cozad I Land Planning Manager Civil Engineering and Land Planning Department Main: 303.772.5282 I FAX: 303.772.7039 I Cell 303-709-3319 Direct line. 720-864-4564 julie.cozad@tetratech.com Tetra Tech I Engineering and Architectural Services (EAS) 1900 South Sunset Street. Suite 1-F Longmont CO 80501 www tetratech corn PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system 8/2/2009 Page 1 of 1 Jacqueline Hatch From: Richard Hastings Sent: Tuesday, June 23, 2009 12:13 PM To: Jacqueline Hatch Cc: David Bauer; Don Dunker; Donald Carroll; Clayton D. Kimmi Subject: SPR-427 Colorado Sweet Gold IA Attachments: SPR- 427 Colorado Sweet Gold -Draft IA.pdf; Exhibits A&B-Combined-PDF.pdf Jacqueline, Please find attached the above -mentioned document and set of exhibits. Lafarge won't need the Exhibit A Off -site but its included for your future uses. Let me know if you have any questions or need further information. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 6/23/2009 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Colorado Sweet Gold — SPR-427 THIS AGREEMENT, made and entered into this day of by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Colorado Sweet Gold, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Part of the N2 of Section 9, Township I4 North, Range 67 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for an Asphaltic Cement Storage Tanks and office area on approximately 8 acres on the above described real property, and the County is currently in the process of considering an Site Plan Review for the Property (SPR-427), and WHEREAS, the Property Owner acknowledges that the issuance of SPR-427 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements until Property Owner submits an application for grading. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements: 1.0 Effect of Future Changes to Haul Routes: In the event that County should approve the use of an additional haul route or an alternative haul route which Property Owner may request as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional haul route utilizes an unpaved portion of County M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet Gold (SPA-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doc (6-23-09) roads, and if County determines that dust control or paving is required on the unpaved portion of said roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 2.0 Future Improvements: Future improvements to the haul route may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Property Owner shall address all Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route. Future CDOT or County mandated measures may include improvements to the following intersections: WCR 19 and State Highway 60, WCR 17 and State Highway 60, WCR 17 and WCR 46.5, and -WCR 19 and WCR 46.5. Property Owner shall pay a proportionate cost share based on the number of truck trips using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. B. Haul Routes: 1.0 Established Haul Routes: a. Entrance and exit onto State Highway 60 to disperse east or west: In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time, and if County approves such deviation, trucks will utilize paved county roads whenever possible. All haul trucks shall not exceed CDOT required specifications for pounds per axle. 2.0 Haul Route Signage: Non Applicable unless haul route changes in the future 3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet God (SPR-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doc (6-23-09) representative, and shall require a written amendment to this Agreement executed by County and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of then current truck trips on the haul route. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and others shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of SPR-427 as it now exists or may, from time to time, be amended in accordance with the procedures of the Weld County Code. D. On -Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and maintain the landscaping of the property. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping described and enumerated on Exhibits A and B which are attached to this Agreement. Additionally, the Property Owner shall install and maintain fencing to screen the exterior of the property. Specifically, Property Owner shall at its own expense install and maintain fencing described and enumerated on Exhibits A and B which are attached to this agreement. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade, pave specified roadway portions, and install accepted drainage facilities, in the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as described in Exhibits A and B M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet God (SPR-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doc (6-23-09) which are attached to this Agreement. Additional infrastructure improvements will be addressed at the time of application for an amended SPR. 3.0 Timing of Improvements: Property Owner shall not be required to complete the landscaping requirements until the occurrence of the triggering event for all improvements, namely the application of the grading permit or an amendment to the existing SPR. At that time, Property Owner agrees that all landscaping shall be completed within the parameters established in Exhibit B. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements listed on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B", and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet Good (SPR-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doc (6-23-09) 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said SPR improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on Exhibit "A" upon application of the Property Owner subject to the terms of Section 6 herein. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of Road Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements for a period of one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If desired by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet God (SPR-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doc (6-23-09) but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which the improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the SPR improvements in that phase of the SPR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of improvements within the SPR and required offsite improvements, and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County inspect the improvements and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial acceptance, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the improvements after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the SPR, the Board of County Commissioners shall fully accept said improvements as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County to guarantee completion of the improvements listed in Exhibits "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. 7.2 Collateral must be submitted upon the approval of this Agreement by the Board of County Commissioners. 7.3 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. The Property Owner shall utilize the following form when obtaining a LOC: IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISIIONERS OF WELD COUNTY, COLORADO. M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet God (SPR-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doc (6-23-09) 7.4 Collateral may be in the form of a deed of trust upon the Property, provided that the following are submitted: 7.4.1 An appraisal is required of the Property by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of SPR is sufficient to cover One -Hundred Percent (100%) of the cost of the improvements as set forth in this Agreement, plus all costs of sale of the Property. 7.4.2 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 7.5 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 7.6 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 7.7 Collateral may be in the form of an escrow agreement where the cash in escrow is in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The escrow agreement shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.3. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the projector a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet Gold (SPR-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doc (6-23-09) 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the County, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.6 For improvements to public rights -of -way or easements, the request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. The warranty collateral shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County. 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Colorado Sweet Gold of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner. (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0. County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet GoPd (SPR-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doc (6-23-09) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PROPERTY OWNER: Subscribed and sworn to before me this day of ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board William F. Garcia, Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney M:\AGREEMENTS\Road-Improv\2009\Colorado Sweet Gold (SPR-427)\SPR- 427 Colorado Sweet Gold -Draft IA.doo (6-23-09) EXHIBIT A - Cost Sheet (ON -SITE) Name of Subdivision, PUD, USR, RE, SPR: Filing/Case #: Location: Personnel Contact: Name Title Phone _ vide throughout this facility the (allowing improvements. Improvements (Leave spaces blank where they do not apply) (ON -SITE) Quantity Units Unit Costs ($1 Estimated Construction Cost is, Site Grading Street Grading Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer SUB -TOTAL: k dk,�'.s�-' Engineering and Supervision Costs $ (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ EXHIBIT'A - Cost Sheet (ON -SITE) - Signature Page, The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Date , 20 Title By: Applicant Date , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:WGREEMENTS\Exhibits\Exh A on-site.xls EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Date , 20 Title By: Applicant Date , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Exhibits\Exh A off-site.xls EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: Filing/Case #: Location: intending to be legally bound. the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within years from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: , Improvements (Leave spaces blank where they do not apply ) Time Schedule (ON -SITE j (OFF=.) Site Grading Street Grading Street Base Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer Final Completion Date for Entire Project EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Date , 20 Title By: Applicant Date , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Exhibits\Exh B Time Schedule.xls Page 1 of 2 Jacqueline Hatch From: Hora, Pam [Pam.Hora@tetratech.com] Sent: Tuesday, July 21, 2009 1:09 PM To: Richard Hastings Cc: Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com; David Bauer; Don Dunker; Donald Carroll; Stephanie Arries; Jacqueline Hatch; Janet Carter Subject: RE: Colorado Sweet Gold IA Update (SPR-427) Hi Rich, Here are my responses to your comments: 1. Ok. In case you need it for the updated draft of the agreement, the person who will sign for Colorado Sweet Gold is Bill Wyatt, Registered Agent. 2. Ok. 3. I'm not really clear about what may need to be "augmented" by us; however, when the next draft is forwarded, I will review it and discuss it with Lafarge to determine if anything needs to be added. I look forward to receiving the updated version if the agreement. Thanks, Pam Pamela Franch Flora, AICP I Senior Planner Direct: 720 864.4507 1 Main: 303.772.5282 I FAX: 30 .772.7039 pam.hora@tetratech.com 'Tito Tech 1 E r nen ring & Archilecture Services VLF! S Sur set Street. Suite 'I -Fr j Longmont. CO 00501 1 wae,v.fetratech.com PLEASE NOTE This message. including any attachments. ents. may include privileged, confidential andlor inside information. Any distribution or .i se of this „om MUT I icab(NI by anyone other than the intended recipient is strictly prohibited and may be un awkul. If you are not the !ntended recipient. please notify the sender by LepLying to this message and then delete it from your system. From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Monday, July 20, 2009 9:44 AM To: Flora, Pam Cc: Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com; David Bauer; Don Dunker; Donald Carroll; Stephanie Arries; Jacqueline Hatch; Janet Carter Subject: Colorado Sweet Gold IA Update (SPR-427) Pam, Above -mentioned agreement is in the process of being updated and revised. I'll send you a copy as soon as it becomes available. After review by Public Works and Planning staff, the responses (black font) to the questions (red font) you posed to myself and Jacqueline earlier are as follows: Lafarge requests that the following changes be made to the attached Improvements Agreement for SPR-427: 1. Lafarge would like to be the entity that signs the agreement since they will be responsible for constructing 7/21/2009 Page 2 of 2 all improvements and they will be putting up the Letter of Credit. Therefore. we would ask that you modify the Agreement to be signed by Lafarge West. Inc., the "Developer" rather than Colorado Sweet Gold the "Property Owner". 1. Lafarge and Colorado Sweet Gold need to sign the agreement. Delineation of "Property Owner" and "Lessee" is provided on the new signature page. 1 Delete the last sentence of paragraph 2.0 and replace it with: "The Developer has the option of hiring a traffic consultant to conduct a traffic study to verify the then current data regarding truck trips associated with SPR-427 prior to County personnel making a determination regarding the calculation of the Developer's proportionate share of the cost." If you have concerns regarding this change to paragraph 2.0. to help expedite the process of coming to an agreement on some language. please suggest some different language that indicates that Lafarge, the Developer, will have the opportunity to verify the County's traffic count numbers. 2. The last sentence of Section A.-2.0 will remain in place with no deletion. The Developer is free to conduct any traffic studies on its own, yet Weld County is under no obligation to accept information provided by any party, entity or individual relative to verification of Weld County Department of Public Works Traffic Counts. 3. Please incorporate the signature, cost estimate and schedule information we provided into the agreement. 3. When the final version of the IA is generated, the new signature pages for; the Agreement, Exhibit A (ON -SITE), and Exhibit B (Time Schedule), will need to be signed. We will be able to use the Exhibit A - Cost Sheet (ON -SITE) and Exhibit B -Time Schedule that you provided earlier. We will provide new Exhibits if you wish to augment the original ones you previously sent us. Let me know if you have questions or need further information. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 7/21/2009 Page 1 of 1 Jacqueline Hatch From: Richard Hastings Sent: Monday, July 20, 2009 8:55 AM To: Stephanie Arries Cc: David Bauer; Don Dunker; Donald Carroll; Clayton D. Kimmi; Kim Ogle; Jacqueline Hatch Subject: 7-20-09 Updates to Sweet Gold IA (SPR-427) Attachments: SPR- 427 Colorado Sweet Gold -Draft IA 7-20-09+ Updates.doc Stephanie, Lafarge decided to move the entrance to the facility so I needed to re-insert the provisions related to improving the entrance, shown in red font in Sections A. & D. Just wanted to let you in on the latest. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 7/20/2009 Page 1 of 4 Jacqueline Hatch From: Jacqueline Hatch Sent: Friday, July 17, 2009 10:03 AM To: 'Hora, Pam' Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie; Don Dunker; Kim Ogle Subject: RE: SPR-427 Pam, I brought the sign requirement to staff and it was determined that in the Industrial Zone District you are eligible to have a freestanding sign every 500'. So you are okay there. In regards to the access location change — staff is requesting that new maps and a narrative be submitted. We will re -send it out for referrals and provide back revised staff comments. Thanks Jacqueline From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Thursday, July 16, 2009 8:46 AM To: Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie; Kim Ogle Subject: RE: SPR-427 Jacqueline, While that is true in some zoning districts, I don't think that is the case in the 1 -3 zone. According to Appendix 23- D, Number and Dimensions of Individual Signs By Zone District and Type", in the I zone (it only says land doesn't refer to 1 -1, 1 -2 or 1 -3) the number of freestanding signs allowed is 1 per ZONE LOT, 1 per each 500 ft. of road frontage or 1 per each different road frontage, whichever is greater". So according to this language, it looked to me like they would be allowed to have more than one sign on the property as long as they were spaced no closer than 500' apart along Highway 60. Would you agree? Thanks, Pam Pamela French Hora, AICP j Senior Planner Direct: 720 864.4507 ' Mai:r 3}3.772.5'1.82 I FAX: 303.772.7039 pam. hora@letrata•:t:l r. corn Tetra Tech j Etrgir•eerinr; & Architecture Services 1;!C0 S. Sunset :Street,, Suite 1-F i t_arymor:. CO 80501 I ,e.,ww.tctratech.com PLEASE NOTE This message, including any attachments may inciude•priviieged. cortfrdert:al and/or inside information. Any distribution or use of this communication by anyone ether than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recin ent please notify the sander by reptyiu1 to liis message and then delete it from your system. From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Thursday, July 16, 2009 8:24 AM To: Hora, Pam Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie; Kim Ogle Subject: RE: SPR-427 Pam, You can do that but keep in mind only one sign is allowed for a property. Thanks, Jacqueline From: Hora, Pam [mailto:Pam.Hora@tetratech.comj 7/17/2009 Page 2 of 4 Sent: Thursday, July 16, 2009 8:21 AM To: Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie; Kim Ogle Subject: RE: SPR-427 Jacqueline, We don't want to add a note saying there will be no sign. We just don't want to show a sign on the site plan drawing because according to the Procedural Guide a site plan review is not needed for a sign in the I-3 zone. So, once Lafarge and Colorado Sweet Gold decide on the best place for the sign, they'll just get a building permit before installing it. Pam Pamela Franch Flora, AICP Senior Planner 720 064 / tttnar tnnt 772 t52t`2 , FAX'. 303 72.7039 n.. Then, corn i e ra Tech r ;ineeriny & (chitorturc Sentices th)/S S Sunset Sheet. Suite 1-F I Longmont. CO 30501 I wwrv.t ta.erh.com PLEASE NOTE: This messane. including any attachments. may include privileged. confidential and/or inside infoenatio i Any distribution or iSe this cc- /litigation by a ycne them Ihan the intended recipient s strictly prohibited and may be unlahattl. if you are not the intended colischt please notify the sender by replying to this message and then delete it from your egstem. From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Thursday, July 16, 2009 7:51 AM To: Hora, Pam Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie; Kim Ogle Subject: RE: SPR-427 Pam, Not a problem. Just put a note on the plat stating that there will be no sign. Thanks! Jacqueline From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Wednesday, July 15, 2009 4:18 PM To: Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie; Kim Ogle Subject: RE: SPR-427 Oos, sorry, here's the attachment. Pamela Franch Flora, AICP I Senior Planner ° %0 SIM 4507 i hair 303.772 5282 , FAX: 303 772.7039 itath rlOratigh-tratettii crnrrn Tech I Engineering & Architecture Services 00 a ratinsei Street. Sidle F - IS:L ni:on CO gt 0I I , w / Ietratech.corn •5E NO""his mess:Eta titbigairtg ang sittacaigents. may ,i.;. privileged confidential and/or inside information . Any distr buton or ,e /r t^ s hetthherht:Stihti b; anyone oilier than Inn Hilt:Meet! recipient s strictly prohibited and may he a lawtul_ Et you are not the ottennerl c er . ph airy the sender by replying to this message and then delete it from your system_ From: Hora, Pam Sent: Wednesday, July 15, 2009 4:17 PM To: 'Jacqueline Hatch' Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie; Kim Ogle Subject: RE: SPR-427 Jacqueline, 7/17/2009 Page 3 of 4 I have come up with a different solution to the sign issue for SPR-427. We would like to remove all references to the sign from SPR-427 because, according to the County's SPR Procedural Guide, a site plan review is not required for a sign in the 1-3 zone district. For your convenience, I have attached a copy of the page from the Procedural Guide and highlighted the applicable language. I am including Kim in on this email since, from what I remember, I think you are out of the office right now and he was part of the discussion on this earlier. Thanks for your consideration and I look forward to hearing from your or Kim on this matter. Pam Pamela Franch Hora, AICP Senior Planner Direct: 720 064.4507 Main: ?03.772 0282 r AX: 303.772.7039 pam.horagdtetra cern t tt Tech fEofasaerfng t rtecto r 19:.0 0 Sunset Street, Suit(' 1-F I I n, n., t CO 00501 f , w,✓.t :ratech_com. otLEASE N )76: This message. rnciurn ryail/ attachmentsmay include privilegedconfidential:molter inside inform ation. Any distribution or n` this saffirso rcatic l . anvene ether a an t`ie intended recipient is strictly prohibited and may he fantasy If you are not the intended to the set by replying to this message and then delete it from your system. From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, June 30, 2009 12:53 PM To: Hora, Pam Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie Subject: RE: SPR-427 Pam Thanks for the email The recorded easement links the sign to the Amended Site Plan Review area. The sign will need to either be in the boundary of the Site Plan Review / lease area or a separate easement will need to be recorded and then delineated on the plat. I would prefer to see the sign located within the boundary of the Site Plan Review / lease area but you can do the easement if you prefer. Thanks again and let me know if you have any questions Jacqueline From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Tuesday, June 30, 2009 10:15 AM To: Kim Ogle; Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie Subject: RE: SPR-427 Kim/Jacqueline, Since the property owner will have to sign the SPR-427 plat, why does Lafarge need to have an easement for the sign which is shown on the plat they will be signing? Pam From: Kim Ogle [kogle@co.weld.co.us] Sent: Sunday, June 14, 2009 12:18 AM To: Hora, Pam; Cozad, Julie Cc: Jacqueline Hatch; Don Dunker Subject: SPR-427 The Department of Public Works has reviewed the the application materials and supporting documents for the referenced case and has provide follow-up comments. Don Dunker with Public Works has reviewed the case file and will provide if not already provided final comments. 7/17/2009 Page 4 of 4 Please contact Mr Dunker directly with your comments. Plat preparation. Colorado Sweet Gold as property owner is required to sign the plat. Lafarge is a leasee to the principal. Refer to Code Section 23-2-160.W.6 for the property owners certificate, and attached herein. I, the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the applicable DEVELOPMENT standards and district requirements for the Industrial Zone District as stated in the Weld County Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the DEVELOPMENT standards and/or any conditions could result in the County initiating a compliance action against me. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of , , by WITNESS my hand and official scat. My commission expires: Notary Public The sign location if adjacent to SH 60 requires an easement for placement. Please provide evidence of such should the sign be located in this location. Jacqueline has also prepared comments that require re -address. Please amend the plats per her direction. Should other questions or concerns present themselves, please contact Jacqueline in this office. Thank you. Kim Ogle 7/17/2009 Page 1 of 2 Jacqueline Hatch From: Hora, Pam [Pam.Hora@tetratech.com] Sent: Thursday, July 16, 2009 10:23 AM To: Richard Hastings; Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: FW: SPR-427 Colorado Sweet Gold IA Attachments: SPR- 427 Colorado Sweet Gold -Draft IA.pdf Rich and Jacqueline, We haven't yet received an updated version of the IA in response to Lafarge's comments to the first draft and so I'm just checking back with you on the status of that. Let me know when we might expect a revised draft. Thanks, Pam Pamela Franch Hora, AICP ; Senior Planner Direct: 720.864.4507 I Main: 303.772.5282 ; FAX: 303.772.7039 pam.hore@tetratech.com Tetra Tech I Engineering & Arc ii'ecture Services 1900 S. Sunset Street. Suite 1-F I Longmont. CO 80501 I w:vw.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged. confidential andior inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient. please .ioti v the sender by replying't:: this message and then delete it from your system. From: Hora, Pam Sent: Wednesday, July 01, 2009 8:49 AM To: Richard Hastings; 'Jacqueline Hatch' Cc: Anne.Johnson@lafarge-na.com; Cozad, Julie Subject: RE: SPR-427 Colorado Sweet Gold IA Rich and Jacqueline, Lafarge requests that the following changes be made to the attached Improvements Agreement for SPR-427: Lafarge would like to be the entity that signs the agreement since they will be responsible for constructing all improvements and they will be putting up the Letter of Credit. Therefore, we would ask that you modify the Agreement to be signed by Lafarge West, Inc., the "Developer" rather than Colorado Sweet Gold the "Property Owner". 2. Delete the last sentence of paragraph 2.0 and replace it with: "The Developer has the option of hiring a traffic consultant to conduct a traffic study to verify the then current data regarding truck trips associated with SPR-427 prior to County personnel making a determination regarding the calculation of the Developer's proportionate share of the cost." If you have concerns regarding this change to paragraph 2.0, to help expedite the process of coming to an agreement on some language, please suggest some different language that indicates that Lafarge, the Developer, will have the opportunity to verify the County's traffic count numbers. 3. Please incorporate the signature, cost estimate and schedule information we provided into the agreement. Let me know if you have any questions. I should be in the office all day today and tomorrow. Thanks, Pam Pamela Franch Hora, AICP I Senior Planner Direct: 720.86. 4507 Main: 303.772.5282 I FAX: 303.772.7039 7/16/2009 Page 2 of 2 ,am.',rxayttetr tech corn Tetra Tech SnaineennoX? c itectt afrerfrices .GCS Sunset ciii. Sr t. `-F j Lie a uoni. CD 00501 1 I w‘sx.totratech.corn PLEASE NQrF This mesome. fr:ludirig any atta_lui rr ls. may include privileged. confidential and/or ii1Hde information Any distribution or use of this oonsfroyealina by anyone other than the me fed recipient is strictly prohibited and may be unlawful. It you are not the intended well:FEE please notify t it sender by!oplying to thin m,:;nsage and then delete it from your system. From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, June 23, 2009 12:32 PM To: Hora, Pam; Cozad, Julie Cc: Richard Hastings Subject: FW: SPR-427 Colorado Sweet Gold IA Attached is the draft Improvements Agreement for Colorado Sweet Gold. Thanks! From: Richard Hastings Sent: Tuesday, June 23, 2009 12:13 PM To: Jacqueline Hatch Cc: David Bauer; Don Dunker; Donald Carroll; Clayton D. Kimmi Subject: SPR-427 Colorado Sweet Gold IA Jacqueline, Please find attached the above -mentioned document and set of exhibits. Lafarge won't need the Exhibit A Off -site but its included for your future uses. Let me know if you have any questions or need further information. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. P.O. Box 758, Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell:(970) 381-3767 rhastings@co.weld.co.us 7/16/2009 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Colorado Sweet Gold — SPR-427 THIS AGREEMENT, made and entered into this day of by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," Lafarge West, Inc., hereinafter called "Lafarge", and Colorado Sweet Gold, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of and Lafarge is tho lesse ' of thq, following described property in the County of Weld, Colorado: Part of the N2 of Section 9, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner and Lafarge have acquired i", d u permits from County for an Asphaltic Cement Storage Tanks and office area on approxy"8 acres on the above described real property, and the County is currently in the process of considering an Application for a Site Plan Review filed by Lafarge for the Property (SPR-427), and WHEREAS, County acknowledg Lafarge shall use the property the core business of Lafargfs, road paving, etc., in the highw WHEREAS, Property Owner ackno"' complying with the terms and conditiol event of non-compliance by Lafarge, restrictions and possible liens, and rsuant to the Lease Agreement executed by the parties, ction and operation of industrial facilities related to e Lease Agreement as ready -mix concrete, asphalt, and construction industry, and es that while Lafarge may be primarily responsible for this Agreement and the conditions of SPR-427, in the '-tproperty may become subject to various judicial WHEREAS, the Property Owner and Lafarge acknowledge that the issuance of SPR-427 is conditional upon Lafarge's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Lafarge (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner and Lafarge acknowledge that neither may engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that neither Property Owner nor Lafarge shall be required to commence work on the on -site or off -site improvements, nor to provide collateral for said improvements until Lafarge submits an application for grading. Deleted: M:\AGREEMENTS\Road- Improv\2009\Colomdo Sweet Gold (SPR- 427)\SPR-427 Colorado Sweet Gold - Draft IA 7-17-09+ Updates.doc Formatted: Font 8 pt ( Deleted: C:\Documents and ISettings \rhastings\Local j Settings \Temporary Internet Files \OLK I BFSPR- 427 Colorado Sweet '.. Gold -Draft IA 7-20-09+ Updates.doc Deleted: 17 Unam, ,..antCm a!nl,l l oc<IIs i _:I Li»ii it, I'Iyto, I Ile, (II I.. AII;IQIA ' Juf9 I 1 Page I of I I 17- F-09) NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements: ". `1ei O1' I}It: ,.I It'!\ 1! ,lilt Clllt'Itl`. ,11:11{ IIt(ailllt. 1,11,,11',1 C'I k+It tll .itls:( licit li,lt }d\rt1 lull}ill" I:ltl!i (6Oj_(t',:( <II Ole. main c:hir:inCe onto `II f+t), dralll:tge_antl "I4'},}'_c` ltlhl•II LiU';IT•.. ,), u.t'1i, .it„{ „I1 lilt' ;1t�;4 r., ,,tl t'' n,irllttitt!1 Ilitll,. 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IP;;hr^ .,h em�`u;.r OW 'It t':h ,.! a,ttletll t+n 411 r'li ;,'ac'ttil\ 'it'IItFtitt II I'11n,: .111 l II'. II}r.(rin!�... tiesI3ZIi Un(l '!'lll'1 \h.i_I1 11,,111≤h !IttIlll�ll(11)1•,_ !It 11 \ IL••" llic• hi}'„' .i t+}1.tll II}1Froach road., 1'::U 1 111 In atltllIi 'It 1'tY t1lrt:ll ttrl ate bias \ truck tial'II ihc,c1�lai!\w \rhali a�_crrt(.�L—h --_ Ihu l\ 1 I Willi_ I It+ li:l' a, `Il,ill. �'.t..l.I iii l' 1'1•:11\. \,111:1} alt apart o }III, A'!ICtmient. caantl,lid, .111 ,',tt!>tlticlit)n anti Matr'lial's. t n.Itpls for a ,hrnyxt shall : •mfolit1 I = f11. _I::!. Hirt nit"Ii i.'I 11i = I •.U. ;(It' nine ttl tit: completion nftht' ill'I )Rtielthtnt, \tt fitrlh lil Inc -scan att{ `+'= Ir•:3i==ti1•. !:,I' 1''t,i(t dlltl Itl'!•I'�l l tln,trtlillt+ll 'r4\idt'tl b1 (l)t)I, 1)0'111,' i tHl\lru t't it Wt_ \1:tnat7.e ••1':tll occo l..n.t"t, ('1111 lln 111(.11 viirr':nt \.: r\I, H.. (+I the ".t.......l ttf Effect of Future Changes to Haul Routes: In the event that County should approve the use of an additional haul route or an alternative haul route which Lafarge may request as a result of a change in Lafarge's site activities and/or truck circulation patterns, and if the alternative or additional haul route utilizes an unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said roads, Lafarge agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. I>'Knnrrw .wd .umg. j,9,ly1l,I..r!,:A! 'lour: I rnq' 4at_ Inlrm.r I ik.( .'.l_...\.SPR;...`.? (._pL'ri.I5� ti�crrl t.Stlti.,i .iti I :\ .::'t!4i ) • 1„�gi:})y:.,Jc Page 2 of l l 17- • 09) Formatted: Not Highlight T - LFormatted _Not Highlight -- -4 Formatted: Not Highlight Formatted Not Highlight Dtt letad: 1 I Deleted: M:\AGREEMENTS\Road- Improv\2009\Colorado Sweet Gold (SPR- 427)\SPR- 427 Colorado Sweet Gold- • Draft lA 7-17-09+ Updates.doc Formatted: Font: 8 pt Deleted: C:\Documents and • 1 Settings\rhastings\Local ;l I Settings Temporary Internet Files\OLKl8nSPR- 427 Colorado Sweet I Gold -Draft IA 7-20-09+ Updates.doc Deleted: 17 County will determine the proportionate share of dust control and paving costs to be paid by Lafarge based upon then current truck trip counts that identify traffic loading due to Lafarge - sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 0 Future Improvements: Future improvements to the haul route may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Lafarge shall address all Colorado Department of Transportation (CDOT) access issues associated with afore -mentioned haul route. Future CDOT or County mandated measures may include improvements to the following intersections: WCR 19 and State Highway 60, WCR 17 and State Highway 60, WCR 17 and WCR 46.5, and WCR 19 and WCR 46.5. Lafarge shall pay a proportionate cost share based on the number of truck trips usin then current data on the haul route in the implementation of the above -mentioned improvements. personnel alone shall make all determinations regarding the gathering of and use of t ata when making decisions regarding cost sharing. B. Haul Routes: 1.0 Established Haul Routes: a. All vehicles entering onto or exiting the Property shall enter from and exit onto State Highway 60 to disperse east or west. b. In unusual or rare above -mentioned such deviation,t trucks shall e r' 2.0 Haul Route Si na 3.0 No deviation from Pe other than those specifically authorized written amendment of this Agreement. casions, if particular projects mandate deviation from the for a limited period of time, and if County approves ze paved county roads whenever possible. No haul ired specifications for pounds per axle. C. Road Maintenance Requirements: licable unless haul route changes in the future I-Iaul Routes: No deviation in the use of any roads "se in this Agreement is permitted without the prior 1.0 Obligation to Maintain Current and Future Haul Routes: Lafarge agrees to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Lafarge's site activities and/or should Lafarge's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Lafarge's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Lafarge shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to j ILai rrniroiaI�.n ry lLnIII d sm. I ,I cniA..q.a. l,tx,,tI UI IN• SPIt 4 t,Iuraay,�.�u�old U.IQ IA".It9 1p(latt 1 Page 3ofl1 17- fr091 Deleted: 2 Deleted: M:AGREEMENTS \Road- Improv@009\Colorado Sweet Gold (SPR- 427)\SPR- 427 Colorado Sweet Gold- ;- Dat IA 7-17-09+ Updates.doc Formatted: Font: 8 Pt Deleted: C:\Documents and -'4 Settings \aiastings\Local Settings \Temporary Internet Files\OLKI BF\SPR- 427 Colorado Sweet I Gold -Draft IA 7-20-09+ Updates.doc C - Deleted: 17 this Agreement executed by County, Lafarge and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Lafarge, and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Lafarge shall pay a proportionate cost of a complete restoration based on the number of then current truck trips on the haul route. ;t, rr, 4.0 Sharin_ of Road Maintenance Restonsibilities anticipated that Lafarge and other Property Owners and/or Lessees this Agreement will perform the required road maintenance work and to the equipment, labor, and materials required. Any such sharing arran and other Property Owners and/or Lessall be conducted pursuant to separate agreements between Lafarge and other Property Owrters or Lessees. County approval of said Agreements shall be required only to determine whether thy fired improvements/maintenance projects have been adequately addressed. County alo.determine the sufficiency of all road improvement/maintenance projects when cc ther Protert Owners: It is reements similar to in expenses related t between Lafarge, 5.0 Violation of Terms of Atreai3`�,,t: If L.artge does not perform as outlined in this Agreement and Exhibits A and B, such non art u y rt shall constitute a violation of any and all land use permits granted by County to Property • caner and/or to Lafarge for the property described herein, and County will take whatever remedial measures it deems necessary, against Lafarge and/or Property Over. In addition to any other remedy available to the County in law or equity, a failure to comply wi[ftfs Agreement shall be considered grounds for revocation of SPR-427 as it now exists or may, from to time, be amended in accordance with the procedures of the Weld Court ode. D. On -Site ytnrovements: 1.0 nd Fencin: Retuirements: Non Applicable 2.0 On -Site Grading, Drainage Facilities and Paving: Lafarge shall, at its own expense, grade, pave specified roadway portions, and install accepted drainage facilities, in the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as described in Exhibits A and B which are attached to this Agreement k, frl I In I l} a I,r�,vI h 1 'I .,t all, ;lylr, lilt III Ygi ('cafit p lv m�, Icqully'n leant <.eh lien ii" II I,� Il lili, ',II." Nn Is; Ipll Additional infrastructure improvements will be ,` Deleted: C9Docmnents end addressed at the time of application for an amended SPR. Formatted: Font: 12 pt, Not Highlight Formatted: Not Highlight Formatted: Font: 12 pt, Not Highlight Formatted: Not Highlight Formatted: Font: 12 pt, Not Highlight Deleted: M:\AGREEMENTS\Road- Improv\2009\Colorado Sweet Gold (SPR- 427)\SPR- 427 Colorado Sweet Gold - Draft IA 7-17-09+ Updates.doc j P l,nb iS rimy` IsvI I nry- hnofna ilt, (II L ,.A SI'It 4"-( Page 4 of l l p ,,091 Jo 1, „IA old ',all lA !II D9 l Idae,JR4i Formatted: Font: 8 pt ' Settings \rhastings\Local Settings\Temporary Internet Files\OLK 18FISPR- 427 Colorado Sweet Gold -Draft IA 7-20-09+ Updates.doc Deleted: 17 3.0 Timing of Improvements: Lafarge agrees that ,uli)n Su, [Tula t.1c lint, shall be completed within the parameters established in Exhibit.B. E. General Requirements: 1.0 Engineering Services: Lafarge shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements listed on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria estait ishe by the County for public improvements. 1.2 The required engineering services shall consis surveys, designs, plans and profiles, estimates, c and the submission of necessary documents to the 1.3 Lafarge shall furnish c public rights -of -way ore' Property for approvalp'iior 2.0 Rights -of -way and Easem-L s: Before 4 i mencing the construction of any improvements herein agreed upon for pubhts-of- ": or easements, Lafarge and/or Property Owner shall acquire, at the sole expense of `r`" d/or Property Owner, good and sufficient rights -of -way and easements on all lands and fact ties traversed by the proposed improvements. All such rights-cjt4ay and easements used for the construction of roads to be accepted by the County shall be co''tt'„lyed to the County and the documents of conveyance shall be furnished to the County for recording: t',;!, ut no j be limited to, n supervision, ction drawings for the road improvements on nts and all improvements interior on the letting of any construction contract. 0 Construction. afarge shall furnish and install, at its own expense, the improvements listed'i xhibit "A, whwlt?is attached hereto and incorporated herein by reference, with the improve .interior to the tttoperty being completed by the dates set forth on Exhibit "B", and improvemert%4o public ri&14 of -way or easements being completed also in accordance with the schedule set for `. if "13" The Board of County Commissioners, at its option, may grant an extension of the ftYYttk' r completion stated herein upon application by Lafarge and the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Lafarge shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. Do.. tom Ind1nty.Itlalvll .In lnty!ai [ L. DI LrA SI'Ni t Aural.'meet ii)1,1 D.d111")(9 Igde, d; Page of l I�-- (7- ,09) Deleted: Lafarge shall not be required to complete the landscaping requirements until the occurrence of the triggering event for all improvements, namely the application of the wading permit or an amendment to the existing 5PR. At that time, ' Deleted: all landscap ., ' Deleted: ing Deleted: s A and Deleted: M:WGREEMENTS\Road, Improv\2009\Coloado Sweet Gold (SPR- 427)\SPR- 427 Colorado Sweet Gold - Draft IA 7-17-09+ Updates.doc PorMatted _Font, 8 pt Deleted: C:\Documents and II Settings\rhastings\Local Settings\Temporary Internet Files \OLKI 8F\SPR- 427 Colorado Sweet Gold -Draft IA 7-20-09+ Updates.doc A. Deleted: 17 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Lafarge's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at the expense of Lafarge and/or Property Owner. 3.4 Said SPR improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on Exhibit "A" .n application of Lafarge and the Property Owner subject to the terms r s. 6 herein. 4.0 Release of Liability: Lafarge and Property Owner shall indharmless the County from any and all liability loss and damage County may suffe-a resu all suits, actions or claims of every nature and description caused by, arising from,nt of said design and construction of improvements, and pay any and all judgments ren.ered against the County on account of any such suit, action or claim, to with all reasonable expenses and attorney fees incurred by County in defending such su - acts claim whether the liability, loss or damage is caused by, or arises out of the negli_e o oudty or its officers, agents, employees, or otherwise except for the liability, loss, o - rim e an $ m the intentional torts or the gross negligence of the County or its employees w e a ng within the scope of their employment. All contractors and other employees engage ; struction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Wnt y of R a 'stmpro rights -of -way, it ding all .khtely creat for a period of two (2) years.. arranty a written acceptance o e impro Acceptance y the Applicant, mprove p improve s: Lafarge shall warranty all improvements to public nd maintained roads or rights -of -way, or easements riod shall begin only after the County's execution of by the County: Upon compliance with the following shall be deemed accepted by the County. If desd by the County, portions of the improvements may be placed in Sce when completed according to the schedule shown on Exhibit "B," but ch use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which the improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the SPR improvements in that phase of the SPR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant, Lafarge. 4 j) ,timin, mut I ',cum. I nl lot; mi.' I l.,- (11I.;ANIT 1 ( oforad,, Sacct(oldD)( IA' 111 (9 1pdah Pagc6oil] 17 p091 Deleted: M:\AGREEMENTS\Road- Improv\2009\Colorado Sweet Gold (SPR- 427)\SPR- 427 Colorado Sweet Gold - Draft IA 7-17-09+ Updales.doc Formatted: Font: a pt :..( Deleted: C:\Docwnents and Settings \fiastings\Local servings\Temporary Internet Files\OLK18FSSPR- 427 Colorado Sweet Gold -Draft IA 7-20-09+ Updates.doc Deleted: 17 6.3 Upon completion of the construction of improvements within the SPR and required offsite improvements, and the filing of a Statement of Substantial Compliance, the Applicant may request in writing that the County inspect the improvements and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial acceptance, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify Lafarge (the Applicant) of any deficiencies. The County Engineer shall reinspect the improvements after notification from Lafarge that any deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according ounty standards, he or she shall recommend full acceptance. Upon a r 'positive unqualified written recommendation from the Coun En er acceptance of improvements within the SPR, the Bo Commissioners shall fully accept said improvements '1}iblic with private pay. 7.0 General Requirements for Collateral: 7.1 County requires Property Ownerr:.to provide collateral to guaranty iill of Property Owner's obligations under this Agreement (1) Completion of all improvements described in this Agreement; (2) Warranty collateral required for all road improvements; and (3) Road maintenance. 7.2 Collateral submitted to .Weld. County to guarantee completion of the improvements listed. in Exhibit::".ii►;".must be equivalent to One -Hundred percent .0004) of the value:. Of .the. improvements. as shown in this Agreements Such collateral shall be provided to the County on the dates set forth herein and shall be held::in total until all improvements have been completed. This collateral must be submitted to County upon the approval of this Agreement by the Board of County Commissioners. 7.3 Warranty collateral shall be submitted. to County and shall beheld iri total: by the. County for two (2) years following its. written- acceptance of, the improvement(s). 7.4 Road maintenance collateral shall be submitted to County upon the approval of this Agreement by the Board of County Commissioners;, he amount of the collateral required for road maintenance shall be eatablishod by the Weld County Department of Public Works based upon its determination of the anticipated expenses, and its determination of the amount shall be.. final. Road maintenance collateral shall be held by County as long as this Agreement is in effect. If any of this collateral shall be collected by County, Property Owner shall replace the amount within six (6) months. 7.5 All forms of collateral shall be adjusted annually on the anniversary: date of this Agreement for inflation. The First adjustment shall be made on the. first .' Ikn,_nitk'nQ,_,m t S it*t , lIat,l,_I_ (Nal Sellings'.I cggy?ins;Inferno I iks t?I ti j.\ .I`H.;.J2;' t 1.I,1r0,10 c... O,?Id;l h.111 I \ 7 -'u -t)• 1 pAti ,!,doyr 1, Page 7 of i I (7-"<'ro91 • I Deleted: M:IAGREEMENTS\Road- Ei hogov\2009\Cobrado Sweet Gold (SPR- 427)\SPR- 427 Colorado Sweet Gold- ; l Draft IA 7-17-09+ Updates.doc Formatted: Font: 8 pt • Deleted: C:\Documents and Settings‘rhastingsLLocal SettingslTcmporary Internet Files\OLK18FFSPR- 427 Colorado Sweet Gold -Draft IA 7-20-09+ Updates.doc , Deleted: 17 anniversary date of this Agreement. The adjustment shall be equal to the lesser of two percent (2%) or the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. 7.6 The value of all collateral submitted to Weld County to guarantee completion of the improvements listed in Exhibits "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement Exhibit "B" hereto. If improve` nt frames, the County, at its discretion, the collateral and take steps to see t "}t mprovements are made. "Site Preparation" shall mean earthwork gradmg or performance of work, or construction or installation of improvements related to Applicant's planned sand and gravel mining and processing and related operations pursuant to AmUSR- egmre a grading or building permit from the County pursuant 'the N)L ounty Code. 7.8 Colla!e z be in form of an irrevocable letter of credit (LOC) in an amount eq nt to_ 00%) of the total value of the improvements set forth in the I" ` `ments Agreement; the LOC shall be subject to the requirements of County Code Section 2-3-30 B. The Property Owner shall utilize a County approved form when obtaining an LOC: (IRRVEVOCABLE, TANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISIIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.7 Acceptable collateral shall be submitted at least six (6) months prior to commencement of Site Preparation, as herein defined. No grading or building permits shall be issued for sand and gravel mining or processing operations improvements on the property and no Site Preparation shall commence until cost estimates for the improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the value of the improvements to be c.:ped, and the development plans are revised to comply with all curren ou ndards, policies and regulations. The improvements shall be co !_ah:ttime schedule set forth in mpleted within these time emand on all or a portion of 7.9 Collateral may be in the form of a deed of trust upon the Property, provided that the following are submitted: 7.9.1 An appraisal is required of the Property by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of USR is sufficient to cover One -Hundred Percent (100%) of the cost of the improvements as set forth in this Agreement, plus all costs of sale of the Property. Deleted: M:WGREEMENT5\Road- Improv\2009\Colorado Sweet Gold (SPR- • 427)\SPR- 427 Colorado Sweet Gold - Draft IA 7-17-09+ Updates.doc Formatted: Font: 8 pt 4 Deleted: C:ADocmnents and �_ry I Settings \thastings\Local Settings \Temporary Internet Files\OLKI 8FSPR- 427 Colorado Sweet Gold -Draft IA 7-20-09t Updates.doc Deleted: 17 Ilo.unu ll' and St ttio,,tsjliatch I tun, I 4 IVlpnm I II,. Page 8 of l l (7 .-09) s Plt d. ( idundo S a 6o1d.I ',tit I A' -1(i-09 Ctrdalce.d: 7.9.2 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 7.10 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 7.11 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 8.0 Request for Release of Collateral: Collateral shal eased in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to rele toll teral for the entire project or for a portion of the project by Weld County, Lafarge an P perty Owner must present a Statement of Substantial Complia t ce from an Engineer registere a State of Colorado (hereinafter "Engineer"), that the proje a portion of the project has been completed in substantial compliance with approved pla"s ecifications documenting the following: 8.1 The Engineer or his ri'fese`1%fie has made regular on -site inspections during the course ofionstructt : w)(,the construction plans utilized are the same as those accept' by Weld y. 8.2 For the improvements :'� hts-of-way or easements, test results must r° be submitted for all phases o is project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing ';,and inspections found in CDOT Materials Manual. 8.3 Muilt" plans shall be submitted at the time the letter requesting release of collar I is submitted. The Engineer shall certify that the project "as -built" is in stantial compliance with the plans and specifications as approved, or that araterial deviations have received prior written acceptance from the Count ngineer. 8.4 - At Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the County, Lafarge (and/or the Property Owner, if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. II .n -m> a .rhm.l czl �rnq gyp, Page 9 of 11 (7- ` {.-09 spi Iaraaq S,. p IA"U Deleted: M:\ AGREEMENTS\ Road- - Improv\2009\Colorado Sweet Gold (SPR- 427)\SPR- 427 Colorado Sweet Gold - Draft IA 7"17-09+ Updates.doc Formatted: Font: 8 pt Deleted: C:\Documents and 1Settings \rhastings\Local ' Settings \Temporary Internet Files\OLKI BF\SPR- 427 Colorado Sweet Gold -Draft IA 7-20-09+ Updates.dac Deleted: 17 8.6 For improvements to public rights -of -way or easements, the request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. The warranty collateral shall be released to the Lafarge (and/or Property Owner, if Property Owner has supplied any or all of the collateral), following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto ithout the express written consent of the other party and the written Agreement of the party to ' the obligations under this Agreement are assigned. Consent to a delegation or an assi t will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligatio improve and maintain the improvements outlined in this Agreement may be delegated to a punch f ortion or all of the Property or business operation conducted t t ereon, provided further that y's consent to such does not relieve Lafarge or Colorado Sweid, LLC of any obligations under this Agreement. Notwithstanding any other provisions of is `•c ement or of this paragraph, County may delegate or assign its rights and obligations under this A;,rent without the consent of Lafarge or Property Owner (or either of their assigns, delegates co'uc f in interest) to another governmental entity which by annexation or agreement has s umed ` !' : � is ; on over the roads affected by this Agreement. This Agreement shall be bin upon thee; , executors, personal representatives, successors and assigns of Lafarge and the P Ow ' , nd upon recording by the County, shall be deemed a covenant running with the land h bed. 10.0. Coto" + Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual d jndividuals appointed by the County Engineer to act on his/her behalf. 11. Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Paragraphs C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. �(.�. pool n.cnl• .ul l;luo� li.at I I .r I tirIw, I i 1p•n..n Into no l ilr. (N 1. 7. t•',Pt1 • t.'-' (. I n 1 ��r((mkl-I .dtt I1 '_'G fn) I pc Iliadr I . Page 10 of I I (7- • y09) Deleted: M:\AGREEMENTS\Road- ' hnprov\2009\Colorado Sweet Gold (SPR- 42711SPR- 427 Colorado Sweet Gold - Draft IA 7-17-09+ Updates.doc Formatted: Font: 8 pt I Deleted: C:\Documents and Sen ings\rhast ings\Lora l • Settings\Temporary Internet Files\OLKI8F\SPR- 427 Colorado Sweet Gold -Draft IA 7-20-09+ Updates.doc Deleted: 17 PROPERTY OWNER: Colorado Sweet Gold By, _Bill Wyatt, Manager LESSEE: Lafarge West, Inc. By, Subscribed and sworn to before me by Bill Wyatt, Manager of Colorado S day of Subscribed and sworn to before me by this day of ATTEST: Weld Cotinty Clerk to th oard tr. BY: Dep APPROVED AS TO FORM: of Lafarge West, Inc., COUNTY COMMISSIONERS OUNTY, COLORADO William F. Garcia, Chair County Attorney n„ 11 I d',H IP> I CPI, , flaunt I dt., r,I ,.k'rad,' sy.cct; :rid aya1: Page 11ofll (7-409) Deleted: M:\AGREEMENTS\Road- Impmv\2009\Colorado Sweet Gold (SPR- f 427)\SPR- 427 Colorado Sweet Gold - I Draft IA 7-17-09+ Updates.doc Ftn hatted: Font: 8 pt -- Deleted: C\Documents and -�; Seftings\rhastuigs\Local Seeings\Temporary Internet Files \OLK18F,SPR- 427 Colorado Sweet Gold Draft IA 7-20-09+ Updates doc Deleted: 17 Page 1 of 1 Jacqueline Hatch From: Stephanie Arries Sent: Wednesday, July 15, 2009 4:57 PM To: Richard Hastings; Jacqueline Hatch . Subject: RE: Colorado Sweet Gold and LaFarge Upon review of the file, I have a couple of questions First, did we settle that the Owner and the Tenant both need to sign the Agreement? Second, was the collateral issue finalized? Third, what happened to the paragraph dealing with the Developer hiring his own person to do a traffic study, after you told them that they could do that, but the County still had the final say?? - We need to be certain that if they add their proposed language, it will not create a question about the County's ability to have the final say. Thanks Stephanie From: Jacqueline Hatch Sent: Tuesday, July 14, 2009 1:29 PM To: Stephanie Arries Cc: Richard Hastings Subject: RE: Colorado Sweet Gold and LaFarge Stephanie and Rich, The only change to the agreement I would have is removing the landscaping and fencing requirements (1.0). The facility is proposed to be fenced but it is not a requirement and no landscaping is proposed or required. Thanks! Jacqueline From: Stephanie Arries Sent: Friday, July 10, 2009 7:57 AM To: Jacqueline Hatch Subject: Colorado Sweet Gold and LaFarge Jacqueline - Please review and get back to me Has the type and amount of collateral been determined?? Stephanie 7/16/2009 Page 1 of 1 Jacqueline Hatch From: Hora, Pam [Pam.Hora@tetratech.com] Sent: Wednesday, July 15, 2009 4:29 PM To: Jacqueline Hatch; Don Dunker Cc: Anne.Johnson@lafarge-na.com Subject: SPR-427 access location adjustment Jacqueline and Don, I wanted to let you both know that Colorado Sweet Gold has asked Lafarge to move their access point 172' to the west of where it is currently shown. The access drive will still connect to the boundary of the SPR area in the same place. Therefore, we are going to modify the site plan map and the Final Drainage Report to show this new access location/alignment. I am also in the process of working with CDOT to modify Lafarge's access permit to refer to the revised access location. If there is anyone else at the County that you think needs to be aware of this change, please let me know. Otherwise, you can expect to see the revised access point and alignment on all future SPR-427 maps. Thanks, Pam Pamela Franch Hora, AICP'; Senior Planner ` °„ 4517.7 3S3 772 F282 P;IX ft,ttri 702.70__ hoiat0rtetsitschsr m Tetra e.l eedrr 5 r rrhtte, t1 e ff. Siiiiiitut(C':r. r. IT I Lc :s fit nt nt(11- prig e,ed. confide dial andtor inside isle! . sirs dad rr nip or! s strictly prohibited, arid ,ray be unlawful. If you nd then. delete ' from vn.,r system. Any distribution or got the t ended 7/16/2009 7' Jacqueline Hatch From: Sent: To: Cc: Subject: Thanks Don. Pam Hora, Pam [Pam.Hora@tetratech.com] Monday, July 13, 2009 4:36 PM Don Dunker Jacqueline Hatch RE: Tracking Pad for SPR-427 Colorado Sweet Gold - Lafarge AC Tank Site Pamela Franch Hora, AICP I Senior Planner Direct: 720.864.4507 I Main: 303.772.5282 I FAX: 303.772.7039 pam.hora@tetratech.com Tetra Tech I Engineering & Architecture Services 1900 S. Sunset Street, Suite 1-F I Longmont, CO 80501 I www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. Original Message From: Don Dunker [mailto:ddunker@co.weld.co.us] Sent: Monday, July 13, 2009 4:17 PM To: Hora, Pam Cc: Jacqueline Hatch; Don Dunker Subject: RE: Tracking Pad for SPR-427 Colorado Sweet Gold - Lafarge AC Tank Site Pam, I did make the comment in the 7 -day review that a minimum of 100' needed to be paved with asphalt. A 300' paved section into a site off paved roadways is our standard length for gravel pits and other similar type facilities. The minimum of 100' of paved asphalt off State Highway 60 right of way into the site is fine. Sorry about that. Don Dunker, P.E. Weld County Public Works Original Message From: Hora, Pam [mailto:Pam.Hora@tetratech.coml Sent: Monday, July 13, 2009 3:55 PM To: Don Dunker Cc: Jacqueline Hatch; Anne.Johnson@lafarge-na.com; Jenkins, Steve Subject: Tracking Pad for SPR-427 Colorado Sweet Gold - Lafarge AC Tank Site Don, Our engineering staff brought it to my attention that you made a Site Plan Review comment when reviewing the SPR-427 Colorado Sweet Gold - Lafarge AC Tank Site Drainage Report. That comment was for us to show a 300' long asphalt tracking pad on the plans. I don't agree with this comment for a few reasons: 1. Back in November of last year when you completed the "Completeness Review" for the SPR application, you had requested a 100' tracking pad and we added that to the site plan (see attached for a copy of your comment). 2. Making the tracking pad longer was never brought up by Public Works during the formal Site Plan Review process and it was not included as a Condition of Approval for the 1 r' Site Plan Review. 3. The AC tank site will access State Highway 60, not a County Road, and CDOT did not request a 300' tracking pad. I will give you a call to discuss your comment; however, I wanted you to have this information to consider before I called. Thanks, Pam Pamela Franch Hora, AICP I Senior Planner Direct: 720.864.4507 I Main: 303.772.5282 pam.hora@tetratech.com FAX: 303.772.7039 Tetra Tech I Engineering & Architecture Services 1900 S. Sunset Street, Suite 1-F I Longmont, CO 80501 I www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. 2 Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, June 11, 2009 11:16 AM To: 'Hora, Pam' Cc: Richard Hastings; Don Dunker; Donald Carroll Subject: RE: revised SPR-427 plan Pam, Thanks for the revised maps. I have looked over the plat and the following corrections are needed to the plat. Please keep in mind that Public Works may have additional comments/changes. 1. the aerial layer from the 'permit area location map' shall be removed 2. the signature block shall be for Colorado Sweet Gold 3. the proposed access, drainage, and utility easement shall include the recording document number 4. the location of the sign shall be within the SPR-427 boundary 5. please put Development Standard number 3 back in and re -number accordingly. (also keep the note regarding the color under general notes) I believe Rich Hasting in Public Works is working on the Improvement Agreement. I will let you know as soon as I hear something from Public Works regarding the revised plat and the Improvements Agreement. Thanks and let me know if you have any questions Jacqueline From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Tuesday, June 09, 2009 9:34 AM To: Jacqueline Hatch; David Snyder Cc: Anne.Johnson@lafarge-na.com Subject: revised SPR-427 plan Jacqueline and David, Attached is an update version of SPR-427. We added the "No staging of trucks in State or Weld County Right -of - Way" note requested by David (see General Note 4 on sheet 2). With that change made, should we consider the plan acceptable and print a set of mylars? Thanks, Pam Pamela Franch Hora, AICP Senior Planner 'tt 720 F, 1..1507 I Main. n d(213 772 5782 ! FLAX Ca 772.7039 ora,7 essa ieGh. noin :rreerinr & Sc rces 1Pd0 > Sri toresd. Suite 1-F Longmont. CO r ) r i.sww tetrintech eom Ri =ASE NOTE This message. including any attachments; may include privileged_ confidential and/or inside information. Any distribution or -;r ; o5ralin h, ;yore other that; the intended recipient is > rioly prohibited and may be unlawful. if you are not the inended r dent r e .se notify the sender by replying to this message and then delete it from your system. 6/11/2009 Page 1 of 2 Jacqueline Hatch From: Jacqueline Hatch Sent: Wednesday, June 03, 2009 8:32 AM To: 'Nora, Pam' Cc: David Snyder Subject: FW: SPR-427 Colorado Sweet Gold Pam, I received this email from David on Friday. I will check with David to see if this also covers the Improvements Agreement, Thanks, Jacqueline From: David Snyder Sent: Friday, May 29, 2009 3:19 PM To: Jacqueline Hatch Subject: SPR-427 Colorado Sweet Gold Jacqueline, Submitted materials appear acceptable with one additional note. The applicant shall put the following note on the plat: "No staging of trucks in State or Weld County Right -of -Way". David Snyder, E.I., CFM Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsnyder@co.weld.co.us 6/3/2009 Page 1 of 2 Jacqueline Hatch From: Jacqueline Hatch Sent: Wednesday, June 03, 2009 8:29 AM To: David Snyder Cc: 'Hors, Pam' Subject: FW: SPR-427 Improvements Agreement information David, Can you please let me know the status of this review. THANKS! Jacqueline From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Monday, June 01, 2009 2:38 PM To: Jacqueline Hatch Subject: RE: SPR-427 Improvements Agreement information Jacqueline, Anne was just asking me about the status of the Improvements Agreement and comments from Public Works on the plat. Please let me know when we can expect to receive something so I can update Anne. Thanks, Pam Pamela Franch Hera, AICP Senior Planner 7_0 86c E50$ higic 32. 772 0282I FAX 30g772.7030 'Tetra Tech En., neerinc `x 7 n CCC >C0 S. Su Street, Suite t -F i�tor grnont. CO 80501 77 tetratech.wm fOTE.This me stge i : a c attacl rr rs. ma, crude privileged. confidential nfidenral and/or inside Information. Any distr huiion er communication by anyone other than the intended recipient is strictly prohibited and may he unlawful. N you are nut the intended .lease notify the senderbyr r, y ng to this r e ;ace onci then delete if iom. your system. From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Thursday, May 21, 2009 1:31 PM To: Hora, Pam Subject: RE: SPR-427 Improvements Agreement information Thanks Pam I forwarded your email onto Public Works to write up the agreement. I'm sure one of us will be in touch shortly. I'm also waiting for Public Works comments on the review of the paper plats which I also expect soon. Thanks! Jacqueline From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Thursday, May 21, 2009 8:51 AM To: Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: SPR-427 Improvements Agreement information Hi Jacqueline, Attached is all of the information from Lafarge that you need to draft an Improvements Agreement for SPR-427. 6/3/2009 Page 2 of 2 Let me know if you have any questions or need any additional information. Thanks, Pam Pamela Franch Flora, AICP I Senior Planner Direct. 720 864 4507 ..FIr, 303.772 5252 FAX: 303.772 %039 rr noratc, et atech con Tetra Tech. Engineering & Ardiitecture Services 190ii 5, 9unse Street. Suite -F I Longmont, CO 00500 oxiextetrateolacara Pi EASE NOISE_ This message ineo cli g a , attachments may to ode piiVi etred. confidential and/or inside information. Any distribution or nee c` iiils noinraUrliCation by anyone other tlian the; intended recipient strictly prohibited and may be unlawful. If you are not the intended sip cot. please notify the sender by repiying ,o thiZ, message and lb eldelete it front your system. 6/3/2009 Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, May 21, 2009 1:29 PM To: David Snyder Cc: Richard Hastings Subject: FW: SPR-427 Improvements Agreement information Attachments: Imp Agrmt Completed Forms 5 21 09.pdf David, The attachments are the improvements agreement exhibits for SPR-427 Colorado Sweet Gold. Are you or Rich going to write up the agreement? Thanks! Jacqueline From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Thursday, May 21, 2009 8:51 AM To: Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: SPR-427 Improvements Agreement information Hi Jacqueline, Attached is all of the information from Lafarge that you need to draft an Improvements Agreement for SPR-427. Let me know if you have any questions or need any additional information. Thanks, Pam Pamela Franch Hera, AICP Senior Planner Direct: 720.834.4007 I Main: 303372.5282 1 FAX: 303.772.7039 pad} nora@tetr:=tech.com Tetra a Tech Engineering & Architecture Services 1900 S. Sunset Street, Suite 1-F I Longmont, CO 80501 I !eww.tetratech.com PLEASE NC.I n This message. including any attachments, may include privileged- confidential and/or inside information, Any distribution or use ., tins communication by anyone other than the intended recipient is strictly prohibited and may be unlawful_ If you are not the intended rd Ent. please r .ay the sencler by replying to t n S message end then delete it (corn your system. 5/21/2009 Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, May 21, 2009 1:31 PM To: 'Nora, Pam' Subject: RE: SPR-427 Improvements Agreement information Thanks Pam I forwarded your email onto Public Works to write up the agreement. I'm sure one of us will be in touch shortly. I'm also waiting for Public Works comments on the review of the paper plats which I also expect soon. Thanks! Jacqueline From: Nora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Thursday, May 21, 2009 8:51 AM To: Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: SPR-427 Improvements Agreement information Hi Jacqueline, Attached is all of the information from Lafarge that you need to draft an Improvements Agreement for SPR-427. Let me know if you have any questions or need any additional information. Thanks, Pam Pamela Franch Hora, AICP Senior Planner Direct 7203t54.1507 Main. 30' 772.5282 FAX 303.772.7039 carryheragtetratech.som Tetra Tech Engineering e r :ecture Services 9d 3 S. Sunset e. Street. 'e 1 F I Lengmont. CO 80501 prwasi. te!ratech.com PLEASE NOTE: This message. incl tiding any attachments, may include privileged, confidential and/or inside information_ Any distribution or use of this communication by anyone other than the tn,ended recipient is strictly prohibited and may be unlawful. It you are not the intended ,bent grease notify the set per by is plying to this message and then delete it from your system. 5/21/2009 Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Wednesday, May 20, 2009 8:05 AM To: David Snyder Subject: SPR-427 Colorado Sweet Gold David, I was wondering if you have had a chance to look over the paper plats I sent up to you for SPR-427 Colorado Sweet Gold? THANKS!!!! Jacqueline 5/21/2009 Jacqueline Hatch From: Sent: To: Subject: Attachments: IJ Jacqueline Hatch Tuesday, April 21, 2009 8:59 AM David Snyder FW: (SPR-427) SITE PLAN 4 20 09.pdf; spr427.pw.response.pdf SITE PLAN 4 20 spr427.pw.respons 09.pdf (1 MB) e.pdf (570 KB... David, Attached is a plat map for SPR-427 and a memo in response to your referral. I am asking for an Improvements Agreement. Let me know if you have any questions and if you are okay with everything. THANKS! Jacqueline • Jacqueline Hatch From: Sent: To: Subject: Jacqueline Hatch Tuesday, April 21, 2009 8:43 AM 'Hora, Pam' RE: (SPR-427) Pam, Good morning I've looked through the application and the only remaining item I noted is that an Improvements Agreement still needs to be submitted for review and approval. Even though it was not requested specifically in Public Works comments the Planning Department is requiring it. I have also forwarded on this email to Public Works for their comments. I will need a 24x36 map of the revised map to review (one copy is fine). Thanks! Jacqueline Original Message From: Nora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Monday, April 20, 2009 12:10 PM To: Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com Subject: RE: (SPR-427) Jacqueline, Based on this direction from Lauren and all of the issues we worked out with Kim, could you please provide me with and updated Administrative Review Report? I would appreciate it if you could delete any conditions that we have already met from your updated report. Attached is copy of the most current SPR-427 plat map to help you in preparing this report. Let me know if you have any questions. Thanks, Pam Pamela Franch Hora, AICP I Senior Planner Direct: 720.864.4507 I Main: 303.772.5282 I FAX: 303.772.7039 pam.hora@tetratech.com Tetra Tech I Engineering & Architecture Services 1900 S. Sunset Street, Suite 1-F I Longmont, CO 80501 I www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. Original Message From: Lauren Light [mailto:llight@co.weld.co.us] Sent: Wednesday, April 08, 2009 3:00 PM To: Jacqueline Hatch Cc: Hora, Pam Subject: (SPR-427) Jacqueline, I am fine with moving conditions A through F to "Prior to Construction" for SPR-427. Item D will not be deleted but can be moved to "Prior to Construction". IF you need anything else let me know. Thank you. 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 Original Message From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Wednesday, April 08, 2009 9:44 AM To: Lauren Light Cc: Corey.Hansen@lafarge-na.com; Anne.Johnson@lafarge-na.com Subject: Request to change requirement for timing of Health Dept required permits for Lafarge's AC Tank Site (SPR-427) Hi Lauren, As we discussed yesterday, Lafarge is requesting that you allow them to satisfy your conditions of approval "prior to construction" rather than "prior to recording the final plat" because they would like to get the plat recorded soon and it will take them while to get all the permits. For clarification, below is a listing of your comments/conditions as listed in Jacqueline's original Staff report that we would ask you to require "prior to construction": A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) B. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) D. SEE BELOW E. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment Regarding item D: 2 w D. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Corey Hansen with Lafarge explained to me that a CDPS permit will not be required for the AC Tank site because CDPS permits are aligned with process water discharges (pit dewatering, etc) which the AC Tank site will not have. Therefore, this permit would not be applicable and so we would ask that the requirement to submit this permit be removed as a condition of approval. Hopefully this all makes sense. Give me a call if you have any questions. Thanks, Pam Pamela Franch Hora, AICP I Senior Planner Direct: 720.864.4507 I Main: 303.772.5282 I FAX: 303.772.7039 pam.hora@tetratech.com Tetra Tech I Engineering & Architecture Services 1900 S. Sunset Street, Suite 1-F I Longmont, CO 80501 www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. 3 4 Jacqueline Hatch From: Sent: To: Cc: Subject: Lauren Light Wednesday, April 08, 2009 3:00 PM Jacqueline Hatch Hora, Pam (SPR-427) Jacqueline, I am fine with moving conditions A through F to "Prior to Construction" for SPR-427. Item D will not be deleted but can be moved to "Prior to Construction". IF you need anything else let me know. Thank you. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) Original Message From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Wednesday, April 08, 2009 9:44 AM To: Lauren Light Cc: Corey.Hansen@lafarge-na.com; Anne.Johnson@lafarge-na.com Subject: Request to change requirement for timing of Health Dept required permits for Lafarge's AC Tank Site (SPR-427) Hi Lauren, As we discussed yesterday, Lafarge is requesting that you allow them to satisfy your conditions of approval "prior to construction" rather than "prior to recording the final plat" because they would like to get the plat recorded soon and it will take them while to get all the permits. For clarification, below is a listing of your comments/conditions as listed in Jacqueline's original Staff report that we would ask you to require "prior to construction": A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) B. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) D. SEE BELOW E. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public 1 Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment Regarding item D: D. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Corey Hansen with Lafarge explained to me that a CDPS permit will not be required for the AC Tank site because CDPS permits are aligned with process water discharges (pit dewatering, etc) which the AC Tank site will not have. Therefore, this permit would not be applicable and so we would ask that the requirement to submit this permit be removed as a condition of approval. Hopefully this all makes sense. Give me a call if you have any questions. Thanks, Pam Pamela Franch Mora, AICP I Senior Planner Direct: 720.864.4507 I Main: 303.772.5282 pam.hora@tetratech.com FAX: 303.772.7039 Tetra Tech I Engineering & Architecture Services 1900 S. Sunset Street, Suite 1-F I Longmont, CO 80501 I www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. 2 Lafarge AC Facility 1.1 SEEDING DATES SEEDING SPECIFICATIONS Spring Planting from March 15th to June 30th. Fall Planting from September 15th to November 15th. 1.2 WATERING REQUIREMENTS ci ac 3/31/09 ti t A. Supplemental watering will be provided by a watering truck and shall be applied to seeded areas at intervals to obtain a moist soil condition to a minimum depth of 1 inch for seeded and hydro -seeded areas for 30 days after planting to ensure germination of the seed mix. After the 30 day germination period natural rainfall will be the primary sourced of irrigation. Clean, fresh, non -potable water shall be utilized and shall be applied to the topsoil in a fine spray by nozzles in such a manner that it will not wash or erode the newly placed soil. 1.3 MULCHING a. Mulch will be applied to seeded areas. Embankments or slopes 4:1 or greater are to be hydro -mulched, all other areas are to be mulched by mechanical or hand methods depending on the accessibility of equipment. All newly seeded areas, except embankments, shall be mulched and crimped within 48 hours after seeding. Areas not mulched and crimped within 48 hours after seeding will be reseeded in accordance with the specified seed mix at the Contractor's expense. b. Straw Mulch: Dry oat or wheat straw, free from weeds and foreign matter detrimental to plant life. Native hay or chopped cornstalks are acceptable. Applied at a rate of 1 ton per acre, or to a depth of 1 inch coverage. 1.4 PERMANENT SEEDING A. General a. All seeding shall be installed by the drilling method, except in areas of steep slopes 4:1 or greater. Seeding shall not be undertaken in adverse weather and unsuitable ground conditions. Examples of these respective conditions may be wind, precipitation, frozen or untellable ground or conditions detrimental to the effectiveness of the application. B. Seed Bed Preparation a. This work shall consist of preparing the soil for seeding. All stones, sticks and debris brought to the surface shall be removed from the site and properly disposed of by the Contractor at no additional cost to the Owner. The Contractor shall work the prepared soil to a depth of six inches (6") with a disc, springtooth R Lafarge AC Facility 3/31/09 harrow or other suitable equipment to loosen the seed bed in order to establish a uniform and acceptable seed bed surface. Areas that have been eroded or rutted to a degree will require the placement of fill, graded and compacted to a uniform and acceptable seed bed surface. Areas that have been compacted due to construction equipment traffic shall require the Contractor to work the prepared soil to a depth of eight inches (8") with a disc, springtooth harrow or other suitable equipment to loosen the seed. Drilling a. Seeding shall be accomplished by means of an approved power drawn drill, followed by drag chains. The grass drill should be equipped with a satisfactory feeding mechanism, agitation, and double disk furrow openers. Drills shall have depth bands set to maintain a planting depth of approximately one-half inch (1/2") and shall be set to space rows not more than seven inches (7") apart. b. If inspections indicate that strips wider than the specified space between the row planted have been left or other areas skipped, the Construction Manager shall require immediate re -sowing of seed in such areas at the Contractor's expense. The seeding mixtures shown in the Products Section shall be applied the specified pure live seed rate per acre, and during the specified dates. c. An approved grassland drill has seven (7) inch spacing between double disc furrow openers with depth bands on every disc, packer wheels, seed box with agitator and picker fingers, and a separate small seed box. The seed tubes will drop seed between disc openers - not behind them. Hand Seeding (as approved by the Construction Manager for areas inaccessible for drilling) a. In certain areas where access is limited, seeding may be accomplished by hand broadcasting seed over the area. Special care shall be taken to assure the proper seeding rate is used on these areas. After broad casting of the seed has been accomplished, the seed shall be raked into the soil to a depth of one-fourth inch (1/4") to three-quarters inch (3/4") and rolled. The recommended seeding mixtures shall be applied at twice the pure live seed (PLS) rate per acre. E. Reseeding a. Areas that require re -seeding designated by the Construction Manager at least 15 days prior to the guarantee period. Re -seeding shall be with the seed and rates and within the times specified herein before for seeding and shall be accomplished in a manner that will cause a minimum of disturbance to the existing stand of grass. F. Areas to be seeded a. All areas that have been damaged or disturbed by the Contractor's operation, shall be reseeded according to these specifications. Page 1 of 2 Jacqueline Hatch From: Hora, Pam [Pam.Hora@tetratech.com] Sent: Thursday, April 02, 2009 6:00 PM To: Kim Ogle; Jacqueline Hatch Cc: Thomas Honn; Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: RE: Lafarge West AC Facility - SPR-427 Attachments: LAFARGE SEED SPECS.doc Kim, In response to your comments: 1. Lafarge will use an earth tone color for the tanks. Would you like us to just add that as a note on the plat? 2. Attached are some seeding specifications that Lafarge will follow for this site; they address your landscape related comments. Please let us know how you would like them incorporated into the application for the record. Thank you, Pam Pamela Franch Hera, AICP Senior Planner �t. Pa 5t 7 t Main 3^,3.7'2 '3282 t FAX ,( J 7727039 tse.styhtiffriftfC corn h corn PLEASE NOTE: This me ssa,7o including any attachments. may include privileged. confidential and/or inside information. Any distribution or r of this communication by anyone other than the intended recipient is strictly prohibited and may he unlawful. It you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Saturday, March 14, 2009 10:38 PM To: Hora, Pam; Jacqueline Hatch Cc: Thomas Florin; Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: RE: Lafarge West AC Facility - SPR-427 Pam 1 hank you for your reply. As indicated in previous correspondence, staff requests evidence of a color palette analysis for the tanks. Stainless steel, gunship grey or black does not blend into the surrounding landform as well as earth tones. Specific to the irrigation of plant material. aim Doyle of your office is a landscape architect, I would propose that he develop a schedule for watering of the proposed. plant material; given the extremely dry conditions and the disturbed soil of the industrial lands there may be additional considerations required to establish the grasses. Also, it appears that the grasses will germinate from a seed mix. What mitigation techniques are proposed to provide a moisture holding medium to provide the best opportunity for success. nk you for our opportunity to provide additional comment. Kim From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Friday, March 13, 2009 10:56 AM To: Kim Ogle; Jacqueline Hatch Cc: Thomas Honn; Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: RE: Lafarge West AC Facility - SPR-427 4/3/2009 Page 2 of 2 Kim, This is in response to your emailed comments from a couple of weeks ago. 1. You are correct that this is not the first AC Tank to be installed by Lafarge; however, Lafarge does not have a history of painting the tanks and so a paint analysis has not yet been done. Lafarge will give serious consideration to an earthtone color palette for the tanks. 2. As indicated in General Note 1 on the SPR-427 plan, "Temporary irrigation will be provided as necessary until the grass is established." We will add a sentence to this note to also indicate that the seed will be drilled or disked into the disturbed areas. Please let me know if this adequately addressees both of your comments. Thank you, Pam Pamela Franch Hora, AICP I Senior Planner Di ec7. 720 861 9OO-1I Mai 303 772 5282 I FAX 30: I + 1 : ra@ tetrateeh coin Ely eernir 8Arn,n,ectarc &,.r et StreetSuite i F Long 2./039 F 0f,f NOTE This III,0SS,3q0 nmh me any .r?laclrrte d may Include privi coed. confidential and/or frisk,e intern LloC ,rt th,s ,., r nr tuaabc r by anyone other than the intended recipient is strictly prohibited and may be unlawful. It? .:will, ffloose notify the sender by r piyng to this message. nd then delete it from your system. From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Wednesday, February 25, 2009 10:06 PM To: Jacqueline Hatch; Hora, Pam Cc: Thomas Honn Subject: Lafarge West AC Facility - SPR-427 its ributi nr or he intended Pam Your comments associated with the Landscape component appear to adequately address the issues brought forth from the landscape referral, with two exceptions. Staff is on record that an earth tone palette of color for the vertical tanks be strongly considered. Apparently the Town of Johnstown expressed a similar comment based on the response specified in your letter of February 24, 2009. Given that this is not Lafarge's first tank farm facility, staff believes that a previous paint analysis could be employed for this facility. The second item of concern, or actually clarification addresses the reseeding of the disturbed areas of the facility. A Dryland Aggressive Seed mix from Pawnee Buttes Seed Company in Greeley was identified. There was no discussion on the ability to water the seed to germinate, establish and sustain itself in this upland climate, nor was there discussion of how the seed was to be placed on the land form. Will it be drilled, broadcasted or disked into the planting medium? Clarification on these two points is requested. To save on time, an electronic mail reply is more than sufficient. Thank you for the follow-up inquiry. Kin] Ogle 4/3/2009 Jacqueline Hatch From: Sent: To: Cc: Subject: Pam: Bruce Barker Friday, March 20, 2009 10:46 AM Pam.Hora@tetratech.com Jacqueline Hatch Lafarge Agreement Please provide an updated letter indicating Frank can sign on behalf of Lafarge. That will be acceptable. Bruce Barker Weld County Attorney. Page 1 of 2 Jacqueline Hatch From: Kim Ogle Sent: Saturday, March 14, 2009 10:38 PM To: Hora, Pam; Jacqueline Hatch Cc: Thomas Honn; Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: RE: Lafarge West AC Facility - SPR-427 Path Thank Volt for your reply. As indicated in previous correspondence. staff requests et idence of a color palette analysis for the tanks. Stainless steel. gunship grey or black does not blend into the surrounding landlOnn as well as earth tones. Specific to the irrigation of plain material. Jim Doyle of your office is a landscape architect. l would propose that he develop a schedule for watering of the proposed. plant material; given the extremely dry conditions and the disturbed soil of the industrial lands there may he additional considerations required to establish the grasses. Also. it appears that the grasses will germinate from a seed mix. What mitigation techniques are proposed to provide a moisture holding medium to provide the best opportunity for success. Thank you for our opportunity to provide additional comment. Kint From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Friday, March 13, 2009 10:56 AM To: Kim Ogle; Jacqueline Hatch Cc: Thomas Honn; Anne.Johnson@lafarge-na.com; Kevin.Garcia@lafarge-na.com Subject: RE: Lafarge West AC Facility - SPR-427 Kim, This is in response to your emailed comments from a couple of weeks ago. I . You are correct that this is not the first AC Tank to be installed by Lafarge; however, Lafarge does not have a history of painting the tanks and so a paint analysis has not yet been done. Lafarge will give serious consideration to an earthtone color palette for the tanks. 2. As indicated in General Note 1 on the SPR-427 plan, "Temporary irrigation will be provided as necessary until the grass is established." We will add a sentence to this note to also indicate that the seed will be drilled or disked into the disturbed areas. Please let me know if this adequately addressees both of your comments. Thank you, Pam Pamela Franch Nora. AICP ; Swiior Planner f: _i...�.+`i:J�:.i•i•:.Ir;fit,;.t;i I. r;{:t71 .-Ira l t.ctt Ar e;n 14-.:titr 4 .services 1c!QC 3. Sin..,et I Lon4(nunl. CO %:e5DDi I .vwtv.tetrrarceh ur,,m PLEASE NOTE. i'iii$ ^lc •sagu. ul.',tud 1, , any ott,l^.hmcmts, may include privileged. `;cute ICrltta: and,or I!1iiCO 4tlrrrli tan. Any distribution or use of tl, s r,ornmurtice,'t(ri by r1'Fv ilC oiler tl`an the it:leaded recipient is strictly prohihltu Arid (flay be uni.wif,rl. If you are not trio `iaiap ;'7It. LAtase notiry trio sender by !opryirl.l to this rue..raa4Je zinc! tht ii rleletn, 4 from your system From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Wednesday, February 25, 2009 10:06 PM 3/16/2009 Page 2 of 2 To: Jacqueline Hatch; Hora, Pam Cc: Thomas Honn Subject: Lafarge West AC Facility - SPR-427 Pam Your comments associated with the Landscape component appear to adequately address the issues brought forth from the landscape referral, with two exceptions. Staff is on record that an earth tone palette of color for the vertical tanks be strongly considered. Apparently the Town of Johnstown expressed a similar comment based on the response specified in your letter of February 24, 2009. Given that this is not Lafarge's first tank farm facility, staff believes that a previous paint analysis could be employed for this facility. The second item of concern, or actually clarification addresses the reseeding of the disturbed areas of the facility. A Dryland Aggressive Seed mix from Pawnee Buttes Seed Company in Greeley was identified. There was no discussion on the ability to water the seed to germinate, establish and sustain itself in this upland climate, nor was there discussion of how the seed was to be placed on the land form. Will it be drilled, broadcasted or disked into the planting medium? Clarification on these two points is requested. To save on time, an electronic mail reply is more than sufficient. Thank you for the follow-up inquiry. 3/16/2009 Jacqueline Hatch From: Sent: To: Cc: Subject: Pam, Kevin.Garcia@lafarge-na.com Friday, March 13, 2009 10:57 AM Pam.Hora@tetratech.com Anne.Johnson@lafarge-na.com; Jacqueline Hatch; Kim Ogle; Thomas Honn RE: Lafarge West AC Facility - SPR-427 I am comfortable with this response, thank you. Kevin Garcia Regional Manufacturing Performance Manager, Asphalt/Paving Lafarge US West 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 Phone: (303) 657-4455 Cell: (303) 601-0431 "Hora, Pam" <Pam.Hora@tetrate ch.com> 03/13/2009 10:55 AM To: Kim Ogle <kogle@co.weld.co.us>, Jacqueline Hatch <jhatch@co.weld.co.us> cc: Thomas Honn <thonn@co.weld.co.us>, "Anne.Johnson@lafarge-na.com" <Anne.Johnson@lafarge-na.com>, "Kevin.Garcia@lafarge-na.com" <Kevin.Garcia@lafarge-na.com> Subject: RE: Lafarge West AC Facility - SPR-427 Kim, This is in response to your emailed comments from a couple of weeks ago. 1. You are correct that this is not the first AC Tank to be installed by Lafarge; however, Lafarge does not have a history of painting the tanks and so a paint analysis has not yet been done. Lafarge will give serious consideration to an earthtone color palette for the tanks. 2. As indicated in General Note 1 on the SPR-427 plan, "Temporary irrigation will be provided as necessary until the grass is established." We will add a sentence to this note to also indicate that the seed will be drilled or disked into the disturbed areas. Please let me know if this adequately addressees both of your comments. 1 Thank you, Pam Pamela Franch Hora, AICP I Senior Planner Direct: 720.864.4507 I Main: 303.772.5282 I FAX: 303.772.7039 pam.hora@tetratech.com Tetra Tech I Engineering & Architecture Services 1900 S. Sunset Street, Suite 1-F I Longmont, CO 80501 I www.tetratech.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Wednesday, February 25, 2009 10:06 PM To: Jacqueline Hatch; Hora, Pam Cc: Thomas Honn Subject: Lafarge West AC Facility - SPR-427 Pam Your comments associated with the Landscape component appear to adequately address the issues brought forth from the landscape referral, with two exceptions. Staff is on record that an earth tone palette of color for the vertical tanks be strongly considered. Apparently the Town of Johnstown expressed a similar comment based on the response specified in your letter of February 24, 2009. Given that this is not Lafarge's first tank farm facility, staff believes that a previous paint analysis could be employed for this facility. The second item of concern, or actually clarification addresses the reseeding of the disturbed areas of the facility. A Dryland Aggressive Seed mix from Pawnee Buttes Seed Company in Greeley was identified. There was no discussion on the ability to water the seed to germinate, establish and sustain itself in this upland climate, nor was there discussion of how the seed was to be placed on the land form. Will it be drilled, broadcasted or disked into the planting medium? Clarification on these two points is requested. To save on time, an electronic mail reply is more than sufficient. Thank you for the follow-up inquiry. Kim Ogle Weld County Planning Services - Greeley Office 918 Tenth Street I Greeley CO 80631 I kogle@co.weld.co.us T: 970.356.4000 x 3549 I F: 970 304 6498 I C: 970.302.2875 Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Tuesday, March 10, 2009 9:26 AM To: 'Nora, Pam' Cc: Anne.Johnson@lafarge-na.com Subject: SPR-427 Colorado Sweet Gold Attachments: Exh B Time Schedule -Signature Page.pdf; Exh A off-site.pdf; Exh A off -site -Signature Page.pdf; Exh A on-site.pdf; Exh A on -site -Signature Page.pdf; Exh B Time Schedule.pdf Pam, We are now doing new Improvements Agreements and the process is a little different. We are including both on site and off site improvements in one agreement. We are also including trigger points, if requested, that the collateral will not need to be posted until the time of a grading and or building permit. What I do need is the attached forms completed prior to us writing the Improvements Agreement. Once I have received the attached documents Public Works, Planning and the County Attorneys office will create the Agreement. I will then forward you the Improvements Agreement for you and your applicant to review prior to bringing the Agreement before the Board of County Commissioners for approval. If you have any questions please do not hesitate to contact me. Thanks, Jacqueline 3/10/2009 Page 1 of 2 Jacqueline Hatch From: Hora, Pam [Pam.Hora@tetratech.com] Sent: Wednesday, February 25, 2009 10:20 AM To: Jacqueline Hatch Cc: Anne.Johnson@lafarge-na.com Subject: FW: reqeust for Planning Commission minutes Attachments: Minutes 01-14-09.doc Jacqueline, Attached are the Johnstown Planning Commission meeting minutes you requested for SPR-427. Unfortunately, they are pretty vague. Pam Pamela Franch Hera, AICP Senior Planner are 720 gni'1 ``07 Main; 303.772 5282 I FAX: 303 772 7039 parr, heragtetratech.com tetra Tech I Engineering & Architecture Services 1200 S. Sunset Street. Suite I -F I Longmont, CO 80501 j ww.v.tetratech coin PLEASE NOTE f hi; message. including any attachments, may include privileged. confidential and/or inside information. Any distribution or e ,I this coratnuaisation t y anyone other than the intender) recipient is strictly prohibited and may be unlawful. If you are not the intended r .if Sint. pi ,rr • oh y the sender ter hi/repro to !Ho inesoage and d then delete It hem your system. From: John Franklin[mailto:jfranklin@townofjohnstown.com] Sent: Wednesday, February 25, 2009 8:41 AM To: Hora, Pam Subject: RE: reqeust for Planning Commission minutes Pam, Here is a copy of the draft minutes — the P&Z will approve these tonight. John Franklin Original Message From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Tuesday, February 24, 2009 10:35 AM To: John Franklin Subject: reqeust for Planning Commission minutes John, Can you please send me the Planning Commission minutes from the Planning Commission meeting at which Lafarge's AC Tank Site Plan application was discussed (I think it was January 141h??). Jacqueline Hatch-Drouillard asked me to get those for her to include in the County's records. Hopefully they are available, but if they aren't yet available, if you could let me know when they will be available. Thanks for your help, Pam Hora Pamela Franch Hora, AICP Senior Planner H i ere', 4Ser I Mail . n3 2 02/12 i AX: .30S 172.7: hr lkitnl .ur, h tom r a Tech En pneertnt $ Architecture Sc aces 1909 S Sunset Street S ote 7-F I Longmont, CO 00F'1 .aww.telr tech -con :LEASE NOTE: This ritessoqu. including any attachmentsmay include privileged, confidential and/or inside information- Any distribution or use of this communiralion by anyone other than the intended recipient is strictly prohibited and may be unlawful. It 2/25/2009 r SUMMARY MINUTES (Audio Tape Available) PLANNING & ZONING COMMISSION WEDNESDAY, JANUARY 14, 2009 POLICE FACILITY MEETING ROOM 430 S. PARISH AVE. 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL: Present: Commissioners Mason, Dowling, Longdo, Kingsolver, Eady, Montez and McGuire. 3. PUBLIC COMMENTS REGARDING ITEMS NOT ON THE AGENDA: No presentations or correspondence. 4. PUBLIC HEARINGS: None 5. NEW BUSINESS: A. Approval of Minutes of December 10, 2008: Motion by Kingsolver, second by Dowling to approve the Minutes as presented. Unanimous. B. Referrals - Weld County: 1. Recorded Exemption — Gray's, Inc: Town Planner Franklin presented information on the referral. The Commissioners directed the Town Planner to send a "standard referral" to the County. 2. Asphaltic Cement Storage Tanks — LaFarge/Colorado Sweet Gold: Representatives of LaFarge discussed the proposal with the Commissioners, who then directed the Town Planner to send referral comments. C. Adoption of 2009 Three -Mile Plan: Town Planner Franklin introduced the item and presented the staff recommendation. Motion by Dowling, second by McGuire to recommend approval of the Three Mile Plan. Unanimous. 6. STAFF REPORT: Town Planner Franklin presented information on the following items: A. Recent Town Council Actions on Applications B. Applications in Review C. Downtown Improvements Plan Status D. Vision/Strategic Plan Status 7. COMMISSIONERS ITEMS: 8. ADJOURN: Chair Longdo adjourned the meeting at 7:55 p.m. Prepared by John Franklin, Town Planner, as Secretary to the Commission Page 1 of 1 Jacqueline Hatch From: Kim Ogle Sent: Wednesday, February 25, 2009 10:06 PM To: Jacqueline Hatch; Hora, Pam Cc: Thomas Honn Subject: Lafarge West AC Facility - SPR-427 Pam Your comments associated with the Landscape component appear to adequately address the issues brought forth from the landscape referral, with two exceptions. Staff is on record that an earth tone palette of color for the vertical tanks be strongly considered. Apparently the Town of Johnstown expressed a similar comment based on the response specified in your letter of February 24, 2009. Given that this is not Lafarge's first tank farm facility, staff believes that a previous paint analysis could be employed for this facility. The second item of concern, or actually clarification addresses the reseeding of the disturbed areas of the facility. A Dryland Aggressive Seed mix from Pawnee Buttes Seed Company in Greeley was identified. There was no discussion on the ability to water the seed to germinate, establish and sustain itself in this upland climate, nor was there discussion of how the seed was to be placed on the land form. Will it be drilled, broadcasted or disked into the planting medium? Clarification on these two points is requested. To save on time, an electronic mail reply is more than sufficient. Thank you for the follow-up inquiry. 3/2/2009 fjj] TETRA TECH February 24, 2009 Ms. Jacqueline Hatch-Drouillard Planning Services 4209 CR 24 %2 Longmont, CO 80504 RE: SPR-427, Colorado Sweet Gold Response to Administrative Review Comments Dear Jacqueline: We received your Site Plan Review Administrative Review Report for Lafarge's SPR-427 application. Below is a listing of all of your comments followed by our responses. Attached is an updated copy of the SPR-427 map. 1. The Site Plan Review Map shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copy the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' staff within 30 days of the approval and with payment of eleven ($11.00) dollars per sheet. (Department of Planning Services) SPR-427 was prepared in accordance with Section 23-2-160. V of the Weld County Code. Attached is a paper copy of the plat map for your review. 2. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Lafarge is following up on this request and the appropriate evidence will be provided to the County as soon as it is available. B. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they 900 S. Sunset Street, Suite 1-F Longmont CO 80501 112303 772.5282 Fax 303.772.7039 wwwtetratech corn MbTETRA TECH Page 2 of 9 Ms. Jacqueline Hatch-Drouillard February 24, 2009 are not subject to these requirements. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Lafarge is following up on this request and the appropriate evidence will be provided to the County as soon as it is available. C. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Lafarge is following up on this request and the appropriate evidence will be provided to the County as soon as it is available. D. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Lafarge is following up on this request and the appropriate evidence will be provided to the County as soon as it is available. E. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Lafarge is following up on this request and the appropriate evidence will be provided to the County as soon as it is available. F. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment Lafarge is following up on this request and the appropriate evidence will be provided to the County as soon as it is available. Lilit TETRA TECH Page 3 of 9 Ms. Jacqueline Hatch-Drouillard February 24, 2009 G. The applicant shall provide the Department of Planning Services with a completed property maintenance plan in accordance with Section 23-2-250.B.7 of the Weld County Code. (Department of Planning Services) A Property Maintenance Plan note has been added to the SPR-427 plan which states: "The property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. All disturbed areas inside the boundary of SPR-427 shall be reseeded with the grass seed mix listed below. Temporary irrigation will be provided as necessary until the grass is established. Weeds shall be monitored and a weed management program implemented until the grass is established to prevent the growth of noxious weeds. Drvland Aggressive Seed Mix: Green Needlegrass, Lodorm 18% Slender Wheatgrass, Native 18% Western Wheatgrass, Native 18% Pubescent Wheatgrass, Luna 18% Intermediate Wheatgrass, Oahe/Rush 18% Russian Wildrye 10% Application rate is 20 pounds per acre. H. The applicant shall attempt to address the requirements (concerns) of the Town of Johnstown, as stated in the referral response received January 15, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) See attached letter to Johnstown. I. The applicant shall address the requirements (concerns) of the Weld County Building Inspection, as stated in the referral response received January 14, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) See attached letter to the Weld County Building Inspection Department. J. The applicant shall address the requirements (concerns) of the State of Colorado Division of Transportation, as stated in the referral response received December 31, 2008. Specifically, an approved access permit shall be submitted to the Department of Planning Services and the plat shall delineate the future right-of-way as required. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) Attached is a copy of the CDOT Access Permit and 30' of additional future Highway 60 right-of-way has been shown and labeled on the plan. K. The applicant shall address the requirements (concerns) of the Landscape referral from the Department of Planning Services, as stated in the response received TTETRA TECH Page 4 of 9 Ms. Jacqueline Hatch-Drouillard February 24, 2009 December 15, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) See attached letter to Kim Ogle regarding his comments. L. The applicant shall submit a Private Improvements Agreement according to policy. The applicant shall submit to the Department of Planning Services itemized -bids for all improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by County Staff. (Department of Planning Services) We do not think a Private Improvements Agreement is needed as it was not requested by Public Works. M. The applicant shall submit a partial vacation of the plat for Site Plan Review SPR-95 to the Department of Planning Services. (Department of Planning Services) This application was submitted and approved by Planning Staff. We will provide a signed mylar of this Partial Vacation map to the County. N. The applicant shall submit a copy of a water and sewer bill from the Town of Johnstown to the Department of Planning Services. (Department of Planning Services) Attached is a letter from the Town of Johnstown regarding Colorado Sweet Gold's water and sewer charges as evidence that Colorado Sweet Gold has both water and sewer taps from the Town. O. The plat shall be amended to delineate the following: 1) The Site Plan Review Plat shall be prepared in accordance with Section 23-2- 160.V of the Weld County Code. (Department of Planning Services) To the best of our knowledge, the plat was prepared in accordance with this Section of the Code. Please let us know if any additional information needs to be added. 2) The proposed four (4) parking spaces including one (1) spaces designed to meet the Americans with Disabilities Act (ADA) are adequate to address the proposed use of the property. (Department of Planning Services) These parking spaces are shown on the plat. 3) The applicant shall adhere to the lighting standards, in accordance with Section 23-2-250 and Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) We have added the following note to SPR-427: "Lighting will be security lighting only and all lighting shall be designed, located and operated in such a matter as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no ITETRA TECH Page 5 of 9 Ms. Jacqueline Hatch-Drouillard February 24, 2009 colored lights may be used which may be confused with or construed as traffic control devices." In addition, we have shown the proposed locations of the security lighting on the plan. 4) A detail of the dumpster enclosure shall be added to the plat. (Department of Planning Services) A dumpster detail has been added to the plan. 5) The entrance radii needs to be enlarged to 60' to accommodate large truck traffic. (Department of Public Works) The access onto Highway 60 is the responsibility of CDOT as acknowledged by Public Works in their referral comments. Lafarge has already obtained an access permit from CDOT for the proposed access (see attached). The access permit indicates that the radii for the entrance needs to be 20'. Our plan proposes 35' radii; therefore, what we have shown is adequate. P. The following notes shall be placed on the plat: 1) In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial/Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) Note added as requested. 2) The application does not propose any portion of the leased area of the site to be leased to another party. In the event that a portion of the building or lot is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, Mountain View Fire Protection District, ATF and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application and/or a Final Plat Resubdivision. (Department of Planning Services) Note amended to refer to Johnstown Fire Protection District rather than the Mountain View Fire Protection District and the ATF was removed as a review agency, then the note was added. 3) The tanks shall be painted a neutral tone. (Department of Planning Services) Kim Ogle and the Town of Johnstown requested that Lafarge consider painting the tank a neutral tone. As indicated in our attached response letters back to both Kim and Johnstown, Lafarge will take this request into consideration; however, they do not want to promise to paint the tanks at this time because of energy efficiency issues that will need to be considered at the time of construction. Therefore, we have not included this as a note on the plat. iTETRA TECH Page 6 of 9 Ms. Jacqueline Hatch-Drouillard February 24, 2009 4) Prior to the issuance of the Certificate of Occupancy for the office an individual sewage disposal system is required for the proposed office and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The ISDS shall be sized to accommodate all people utilizing the facility which includes truck drivers, service people and any other personnel entering the facility. (Department of Public Health and Environment) Note added as requested. 5) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) Note added as requested. 6) No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) Note added as requested. 7) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) Note added as requested. 8) The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) Note added as requested. 9) Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) Note added as requested. 10) This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) Note added as requested. 11) A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the office trailer. (Department of Public Health and Environment) Note added as requested. 12) Adequate drinking, handwashing and toilet facilities shall be provided for employees, service people, truck drivers and any other personnel entering the facility. (Department of Public Health and Environment) Note added as requested. mit TETRA TECH Page 7 of 9 Ms. Jacqueline Hatch-Drouillard February 24, 2009 13) The restroom facilities on the adjacent Colorado Sweet Gold, LLC property shall be utilized until such time the office trailer is constructed. (Department of Public Health and Environment) Note added as requested. 14) Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) Note added as requested. 15) The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) Note added as requested. 16) The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division, as applicable. (Department of Public Health and Environment) We have modified this note to say that the applicant will comply with this permit rather than say that they will obtain the permit because Conditions 2C and 2D both require a permit from the State prior to recording the plat. 17) The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) As requested by the Department of Public Health and Environment, a copy of the Plan will be provided to them prior to recording the plat. However, the Plan can not be made available on site at all times because this will often be an unmanned site. There is a future office trailer proposed on the site; however, even when it is constructed at some point in the future it will only be used when Lafarge employees need to visit the site. Therefore, we have not included this note on the Plan. 18) The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) Note added as requested. 19) No staging or parking of vehicles will be allowed. On -site parking shall be utilized at all times. (Department of Public Works) We revised the first sentence of this note to say: "No staging or overnight parking of vehicles will be allowed. " 20) The historic stormwater flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) Note added as requested. 21) Weld County will not be responsible for the maintenance of drainage related facilities. (Department of Public Works) Note added as requested. TETRA TECH Page 8 of 9 Ms. Jacqueline Hatch-Drouillard February 24, 2009 22) All structures, including signs, on site must obtain the appropriate building permits. (Departments of Planning Services and Building Inspection) Note added as requested. 23) Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) Note added as requested. 24) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) Note added as requested. 25) The property owner or operator shall be responsible for complying with the Design Standards of Section 23-3-350, Weld County Code. Note added as requested. 26) The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-3-360, Weld County Code. Note added as requested. 27) Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Building Department) Note added as requested. 3. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. (Department of Planning Services) Following your review of the attached SPR-427 map, please let us know if we can print a mylar for recording. 4. Prior to the release of building permits: A. A Final Site Plan and building construction plans must be submitted to the Johnstown Fire Protection District for review and approval. The applicant shall submit written evidence of approval to the Department of Building Inspection. (Department of Building Inspection) Noted B. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Provide a Code Analysis Data sheet provided by the Weld r---% T TETRA TECH Page 9 of 9 Ms. Jacqueline Hatch-Drouillard February 24, 2009 County Building Department with each Building permit application. (Department of Building Inspection) Noted C. Each building will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) Noted D. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) Noted Thank you for your consideration. If you have any questions or need any additional information, please let me know. Sincerely, TETRA TECH '60114 \AskilL9cL Pamela Franch Hora, AICP Senior Planner cc: Anne Best Johnson, AICP, Lafarge West, Inc. Attachments P 223511 111.25511_1 000Tpeliverables\Response to Comments\StaR Comments 2 10 09 doe It TETRA TECH February 24, 2009 Mr. Kim Ogle Planning Services 918 10th Street Greeley, CO 80631 RE: SPR-427, Colorado Sweet Gold Response to December 15, 2008 Landscape Referral Comments Dear Kim: On behalf of Lafarge West, Inc., I am responding to your comments regarding SPR-427, Colorado Sweet Gold dated December 15, 2008. Below is a listing of each of your comments followed by our responses. 1. The Site Plan Review shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. In addition to these requirements, the plat scale of 1 "=60 feet is acceptable with the Vicinity Map delineated at a scale of 1"=2000 feet. Noted 2. This application shall be in compliance with Section 23-3-350 and is addressed in the following comments, as applicable. Section 23-3-350 addresses the Design Standards applicable to this proposed facility. a. Per Section 23-3-350.B, the applicant shall delineate all areas associated with outdoor storage. These areas shall be screened from adjacent properties and rights -of -way. The applicant shall delineate an opaque visual screen on all sides of the property to mitigate the potential negative impact and aesthetic concerns on surrounding properties. No outdoor storage is being proposed on this site. b. Section 23.3.350.G addresses the Required Landscape areas. The SPR plat has not identified areas for landscape treatment. Given the type of facility, Staff will not request a Landscape Plan for this facility. Staff does request that all areas disturbed by construction activities including pipeline placement be drilled with an appropriate seed mix to limit the potential on -site erosionary processes. The seed mix, prepared by a professionaUconsultant seed company or government agency shall be submitted for review and approval prior to recording the SPR Plat. We have added a note to the plat containing a dryland grass seed mix that was recommended to us by Glenn Ledall from Pawnee Buttes Seed in Greeley. On the following page is the seed mix he recommended: 1900 S. Sunset Street. Suite I -F Longmont. CO 80501 Tel 303.772 Fax 303.772.7039 wwwtetratech.com ["lb TETRA TECH Dryland Aggressive Seed Mix: Green Needlegrass, Lodorm 18% Slender Wheatgrass, Native 18% Western Wheatgrass, Native 18% Pubescent Wheatgrass, Luna 18% Intermediate Wheatgrass, Oahe/Rush 18% Russian Wildrye 10% Application rate is 20 pounds per acre. Page 2 of 4 Mr. Kim Ogle February 24, 2009 c. Section 23-3-350.H addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. This fence enclosure structure shall be delineated on the SPR Plat. A trash enclosure detail has been added to sheet 2 of the plan set. 3. Section 23-3-360 addresses Operation Standards. The applicant shall address the issue of noise, air quality, water quality, radiation and radioactive material, heat, light and property maintenance. Following is an explanation of how Lafarge is addressing each of these issues: • Noise levels will not be exceeded for the 1-3 Industrial Zone. • Lafarge is working with the State and Department of Health and Environment to make sure all applicable air permits are obtained. • Lafarge is working with the State and Department of Health and Environment to make sure all applicable water quality permits are obtained. • No radiation or radioactive materials are associated with AC tanks. • The air temperature will not be raised as the tanks are insulated. • We have added a note to the site plan map which says: "Lighting will be security lighting only and all lighting shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices." Lighting fixture locations are also shown on the site plan map. 4. Section 23-3-360.A addresses noise. The Department of Public Health and Environment will regulate the maximum permissible noise levels allowed for this facility. We will coordinate with the Department of Public Health and Environment to make sure they are satisfied that this facility will not exceed the maximum permissible nose levels allowed. 5. Section 23-3-360.F addresses the issue of on -site lighting, including security lighting if applicable, this section, states "any lighting...shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams P U3511'133.2351 I-0800TDdnriables Response m Comnmmv\Planning Rest' m F210 00 commen64oc ii---% T TETRA TECH Page 3 of 4 Mr. Kim Ogle February 24, 2009 or rays of light will not shine directly onto adjacent properties..." Staff shall require a Lighting Plan be submitted for review and approval prior to recording the SPR Plat. The locations of proposed lights have been added to the plan along with a note regarding the proposed on -site lighting. 6. Section 23-3-360.G addresses property maintenance. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/ landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. Lafarge acknowledges the fact that they will be responsible for controlling any noxious weeds that may exist or become established as a result of the proposed development. A Property Maintenance Plan note has been added to the plan. 7. All other operation standards including, the proposed point of ingress and egress associated with this facility should be further explored with the Weld County Department of Public Works and the railroad, specific to the appropriate distances between rail tracks and access onto a State Highway. All other operation standards will be addressed by other referral agencies as warranted. The access onto Highway 60 is the responsibility of CDOT as acknowledged by Public Works in their referral comments. Lafarge has already obtained an access permit from CDOT for the proposed access (see attached). 8. The applicant shall delineate all on -site signs. The signs shall adhere to Article IV, Division 2 of the Weld County Code. Further, the location of the signs shall be delineated on the SPR Plat. All structures, including signs, on site must obtain the appropriate building permits and be outside of the site distance triangles. The location of the proposed sign is delineated on the SPR plat map. A sign detail with a note was also included on the plan. In the note we clarified the fact that the sign will need to adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 9. The applicant shall consider painting the AC storage tanks in a buff color palette or other acceptable color as approved by the Department of Planning Services. As explained to the Johnstown Planning Commission, Lafarge will evaluate the paint color options and balance these choices with energy efficiency concerns because some colors are a deterrent to heat absorption. Based on Lafarge's analysis they may paint the top portions of the tanks. The color choice will be evaluated at the time of construction because new construction materials are continuously being developed. 10. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation and non - transportation components as required. The Department of Public Works will address additional requirements as warranted. Should the Improvements Agreement be required for . this facility, the agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the SPR plat. We do not think that an Improvements Agreement is needed as it was not requested by Public Works. P O3511\133-73511-08007 Deliverables`. Resoonse to Commcets\Plamnn6 Rep to 12 15 03 comme ms doe [UitJ TETRA TECH Page 4 of 4 Mr. Kim Ogle February 24, 2009 Please let me 'mow if you have any additional comments regarding the application. If you do not have any other comments, please send a written notification to me and Jacqueline Hatch- Drouillard indicating that all of your comments have been adequately addressed. Thank you for your consideration. Sincerely, TETRA TECH 75fith Pamela Franch Hora, AICP Senior Planner Attachment cc: Jacqueline Hatch-Drouillard, Weld County Planning Anne Best Johnson, AICP, I Marge West, Inc. P435I I\I 3J -2”I I-000OTCeliverables\Response ro Comments\Plann.ng Resp TO 12 I 28 comments dm mrt TETRA TECH February 24, 2009 Frank Piacentino, Plans Examiner Building Inspection 918 10`h Street Greeley, CO 80631 Weld County Planning Department GREELEY OFFICE FFR 2 5 ?ono RECEIVED RE: SPR-427, Colorado Sweet Gold Response to January 14, 2009 Comments Dear Mr. Piacentino: On behalf of Lafarge West, Inc., I am responding to your comments regarding SPR-427, Colorado Sweet Gold dated January 14, 2009. Below is a listing of each of your comments followed by our responses. 1. A building permit shall be obtained prior to the construction of the tanks. The classification of the structures will be a U Occupancy. Noted 2. A plan review is required for each tank for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Date sheet which is provided by Weld County Building Department with each Building permit application. Noted 3. Tanks shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. Noted 4. All structures will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado Registered Engineer. Noted 5. The Tanks will be classified as U occupancy. Setback and offset distances shall be determined by the Zoning Ordinance. Noted 6. Tanks height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. Noted ^ t . «' 1. 20S01 D TETRA TECH Page 2 of 2 Mr. Frank Piacentino February 24, 2009 7. Provide letter of approval from Johnstown Protection District proper to issuance of the building permit. Noted Please let me know if you have any additional comments regarding the application. If you do not have any other comments, as required by Planning prior to the recording of the plat, please send a written notification to me and Jacqueline Hatch-Drouillard indicating that all of Building Inspection's comments have been adequately addressed. Thank you for your consideration. Sincerely, TETRA TECH Wimneh 4.76z_ Pamela Franch Hora, AICP Senior Planner cc: Jacqueline Hatch-Drouillard, Weld County Planning Anne Best Johnson, AICP, Lafarge West, Inc. P 23511IR; ,I I UNDO]Debvemblcs. Response to ( mentc Bldg lnspui Resp to I lb lid conniei:,._. TETRA TECH February 24, 2009 Mr. David Snyder, E.I., CFM Public Works P.O. Box 758 Greeley, CO 80632-0758 RE: SPR-427, Colorado Sweet Gold Response to January 16, 2009 Comments Dear Mr. Snyder: On behalf of Lafarge West, Inc., I am responding to your comments regarding SPR-427, Colorado Sweet Gold dated January 16, 2009. Below is a listing of each of your comments followed by our responses. I have also attached an updated version of the plat. 1. The Colorado Department of Transportation has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Attached is a copy of the access permit that Lafarge obtained from CDOT for this project. 2. Please add the following statement to the plat: "Weld County will not be responsible for the maintenance of drainage related facilities." This statement has been included as a Development Standard note on the plat. 3. Entrance radii needs to be enlarged to 60' to accommodate large truck traffic. As indicated in comment I above, CDOT has jurisdiction over all access onto State Highway 60. According to the access permit, the access needs to be 25' wide with 20' radii. We are proposing a 30' access road with 35' radii; therefore, we have adequately met the requirements of CDOT and will not be enlarging the radii. 4. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. Noted; details regarding historical flow patterns and run-off amounts will be addressed in the Final Drainage Report. 5. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/ landowner shall be responsible for controlling the noxious weeds. Noted; Lafarge acknowledges that this will be their responsibility on the land they are leasing from Colorado Sweet Gold for the AC Tanks. Please let me know if you have any additional comments regarding the application. If you do not have any other comments, please send a written notification to me and Jacqueline Hatch- Drouillard indicating that all of Public Works' comments have been adequately addressed. 1900 S. Sunset Street, Suite I -F Longmont, CO 80501 591 303 7725 282 tax 303.772.7039 www.tetratech.com D TETRA TECH Thank you for your consideration. Sincerely, TETRA TECH c-Pailiaidfrrniaez- Pamela Franch Hora, AICP Senior Planner Attachments cc: Jacqueline Hatch-Drouillard, Weld County Planning Anne Best Johnson, AICP, Lafarge West, Inc. Page 2 of 2 Mr. David Snyder February 24, 2009 P '235115133-23511-0800]ADeliverables\Response to Comments\Public Works Rcsp to 1 1609 commons doc TETRA TECH February 24, 2008 Mr. John Franklin, AICP Town Planner Town of Johnstown P.O. Box 609 Johnstown, CO 80534 RE: SPR-427 Site Plan Review Referral Comments Dear John: On behalf of Lafarge West, Inc., I am responding to your comments regarding Lafarge's SPR-427 Site Plan Review application for the Asphaltic Cement Storage Tanks on the Colorado Sweet Gold Property dated January 15, 2009. According to your letter, "the Town finds that the use is acceptable, but would like to see the `shiny' aluminum tank — especially the upper one-third — painted an earth tone color to reduce visibility." In response to this comment, we first wanted to let you know that the tanks will not be `shiny' aluminum. They will have a brushed metal finish which may help address the Town's concern. Also, as indicated by Lafarge at the Johnstown Planning Commission meeting at which this project was discussed, there are some energy efficiency issues related to painting the tanks as some colors are a deterrent to heat absorption. Therefore, at the time of construction (because new construction materials are continuously being developed), Lafarge will evaluate the paint color options and balance these options with the energy efficiency issues to decide if the top portion of the tanks will be painted. Your letter also indicated that the Town would like to have trees planted on the west and north sides of the existing stand of trees to further screen the tank site. However, the areas west and north of the existing stand of trees are outside of the boundary of the area that Lafarge is leasing from Colorado Sweet Gold. Therefore, they do not have the right to plant trees in these areas. Thank you for your comments. Sincerely, TETRA TECH c-gazgA Pamela Franch Hora, AICP Senior Planner cc: Jacqueline Hatch-Drouillard, Weld County Planning Anne Best Johnson, AICP, Lafarge West, Inc. 1900 S. Sunset Street. Suite I -F Longmont, CO 80501 Tel 301772.5282 Fax 303.772 7039 vvww.tetratech.com .t 2351 133 23511.0800TDdiverablestResponsc to Commcnlsliohnsiows Resp to I Io 09 comments doc Page 1 of 1 Jacqueline Hatch From: Hora, Pam [Pam.Hora@tetratech.com] Sent: Tuesday, February 24, 2009 10:53 AM To: Jacqueline Hatch Cc: Lauren Light; Anne.Johnson@lafarge-na.com Subject: SPCC for AC Tank Site Jacqueline, I talked to Lauren and she would like Lafarge to find some place on site to keep the SPCC so I will talk to Lafarge about figuring out a place to keep the plan and we'll add that note onto the site plan map. Thanks, Pam Pamela Franch Hera, AICP I Senior Planner Direct: 720.864.4507 I Main: 303.772.5282 I FAX. 303.772.7039 parnhoragteIralech. con, Tetra Tech I Engineering 3 Architecture Services 1900 S. Sunset Street, Suite 1-F i Longmont, CO 80501 l www.tetratech com PLEASE, NOTE: This message. including any attachmentsmay include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful, a you are not the intended ip'ent, please notify the sender by replying to this message and then delete it from yeu r system. 2/24/2009 • ‘scrt WIiDc COLORADO December 15, 2008 • DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Colorado Sweet Gold, LLC Lafarge West, Inc Attn: Anne Johnson 11409 Business Park Cir, Ste 200 Longmont CO 80504 Subject: SPR-427 -Site Plan Review located in the 1-3 (Industrial) Zone District on a parcel of land described as Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Berthoud, Johnstown, and Milliken Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Berthoud, Johnstown, and Milliken Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Berthoud at 970-532-2643, Johnstown at 970-587-4664, and Milliken at 970- 587-4331, for further details regarding the date, time, and place of the meeting. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, Jacqueline Hatch Planner • WELD COUNTY • COMPLETENESS REVIEW REVIEW DATE: 11/24/08 TYPE OF APPLICATION: Site Plan Review (SPR) NARRATIVE: A Site Plan Review for 4 asphaltic cement storage tanks. LEGAL DESCRIPTION: Pt N2 of section 9, T4N, R67W COMPANY NAME/REPRESENTATIVE/OWNER: property owner - Colorado Sweet Gold LLC, applicant — Lafarge West Inc. PARCEL NUMBER: 1059 09 100027 SECTION - TOWNSHIP - RANGE: 9-4-67 PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Jacqueline Hatch-Drouillard at 720-652-4210 extension 8730, or email at jhatchta7co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre - application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Jacqueline Hatch-Drouillard—jhatch(a�co.weld.co.us - 720-652-4210 x8730 Public Works: Don Dunker—ddunkero(7co.weld.co.us - 970-304-9496 x3750 Public Health: Lauren Light — Ilight(Wco.weld.co.us — 970-304-6415 x2211 Building: Frank Piacentino — fpiacentinoco.weld.co.us — 720-652-4210 x8730 Greeley Office — 918 10t Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office — 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WELD COUNTY PLANNING COMMENTS The Department of Planning Services has reviewed the 7 -Day Completeness Review and has no comments at this time. BUILDING COMMENTS The Department of Building Inspections has reviewed the 7 -Day Completeness Review and states that building permits will be required. PUBLIC WORKS COMMENTS Public Works has reviewed the 7 -Day Completeness Review. Site Plan Review: The entrance tracking pad surface is not labeled, it should be asphalt for the first 100' into the site. List the type of surface treatment for the drive around the site. Traffic Study: A preliminary traffic study was submitted. Access is off State Highway 60 a copy of the CDOT access permit was provided. Preliminary Drainage: Preliminary drainage was provided. Public Works will need details fro riprap, culverts, spillways and agreement to discharge into the irrigation ditch. Geotechnical Soils Report: Please provide a copy of the Geotechnical Soils Report. Flood Hazard Development Permit: A flood hazard development permit (FHDP) will not be required for the site if it is out of the FEMA regulated 100 -year floodplain. HEALTH DEPARTMENT COMMENTS The Health Department has reviewed the 7 -Day Completeness Review and has no comments at this time. Greeley Office — 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office — 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 SITE PLAN REVIEW (SPR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 0 5 9. 0 9. 1 _ 0 0. 0 2 7 (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 N. 1/2 , Section 9 Township 4 North, Range 87 West Lot/Block: Zone District: I-3 Industrial Total Acreage: 8 Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: Colorado Sweet Gold, LLC (Bill Wyatt) Work Phone # 9/0.587.0271 Home Phone # Address: 8714 State Highway 60 City/State/Zip Code Johnstown, Colorado 80S34 Email Address: Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Lafarge West, Inc. (Anne Best Johnson) Work Phone # 303.684.2307 Home Phone # Address: 11409 Business Park Circle, Suite 200 City/State/Zip Code Longmont, Colorado 80504 Email Address: anne.johnson@lafarge-na.com PROPOSED USE: 4 AC Storage Tanks with 2 heater units and modular office building. 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 included showing the signatory has to legal auth.;:,o sign for the corporation. Signature: Owner . r Authorized gt -nt Date Signature: Owner or Authorized Agent Date LAFARGE AGGREGATES & CONCRETE March 31, 2009 TO: Jacqueline Hatch, Weld County Planning FROM: Anne Best Johnson RE: Lafarge Tank Farm SPR near Johnstown Attached please signature authority for Frank Mayfield for the AC Tank Farm near Johnstown. Anne Johnson Lafarge North America 114009 Business Park Circle, Suite 200 Longmont, CO 80504 (303) 653-4101 anne johnson(a:Iafarue-na.com LAFARGE NORTH AMERICA INC. - Western U.S. Region 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 Main: (303) 657-4000 www.lafargenorthamerica.com fLAFARGE AGGREGATES & CONCRETE March 26, 2009 Bruce Barker, Esq. County Attorney Weld County P.O. Box 758 915 Tenth St. Greeley, CO 80632 Re: Signature authorizations for Lafarge West, Inc. Dear Mr. Barker: As was previously discussed during your phone conversations with M.L. Richardson, Weld County requested documentation that the individuals signing various land use submittals and related applications are authorized to sign such documents on behalf of Lafarge West, Inc. We appreciate your pro active position of trying to protect landowners by requiring written confirmation of authority to sign such important documents. Further to those conversations and Ms. Richardson's letter to you dated October 13, 2008, we would like to add the following individual who is authorized on behalf of Lafarge West, Inc to sign various land use documents and related applications in Weld County: Frank Mayfield, Director of Operations, Lafarge West, Inc. We also wish to remove the authorization for M. L. Richardson to execute documents for Lafarge West, Inc., as she is no longer with the company. A copy of this letter can be retained in any land use cases submitted by Lafarge West, Inc. Thank you again for your assistance in working out a simple solution for both of us. Please let me know if you have any questions. Sincerely, Steven T. Brown, AICP Director of Land Management 303-657-4054 LAFARGE WEST, INC. 10170 Church Ranch Way, Suite 200, Westminster, Colorado 80021 Telephone: (303) 657-4000 Facsimile: (303) 657-4037 LAFARGE AGGREGATES, CONCRETE & ASPHALT Bruce Barker County Attorney Weld County P.O. Box 758 915 Tenth St. Greeley, CO 80632 October 13, 2008 Dear Bruce: As we discussed during our phone conversations, Weld County would like documentation that the person signing various land use submittals and related applications is authorized to sign such documents on behalf of Lafarge West, Inc. We appreciate your pro active position of trying to protect landowners by requiring written confirmation of authority to sign such important documents. Therefore, as we also discussed, the following individuals are authorized to sign various land use documents and related applications in Weld County, on behalf of Lafarge West, Inc.: Anne Johnson, Land Manager Sean Frisch, Land Manager Steven T. Brown, Director of Land M.L. Richardson, Regional Manager of Public and Governmental Affairs A copy of this letter can be retained in any land use cases submitted by Lafarge West, Inc. Thank you for working out a simple solution for both of us with me. Let me know if you have any questions. Sincerely, M.L. Richardson Regional Manager of Public and Governmental Affairs LAFARGE NORTH AMERICA INC. - Western U.S. Business Unit 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 Main: (303) 657-0000 www. lafarge northamer ca.com SWEET' ©CUD ILL© November 1, 2008 Ms. Jacqueline Hatch Weld County Planning 918 le Street Greeley, CO 80631 RE: Designation of Authorized Agent Dear Jacqueline: I, Bill Wyatt, am the registered agent for Colorado Sweet Gold, LLC. I authorize Anne Best Johnson with Lafarge West, Inc. to be Colorado Sweet Gold's Authorized Agent for the Asphaltic Cement Storage Facility Site Plan Review Application proposed to be located on our property located in the north half of Section 9, Township 4 North, Range 67 West of the 6`h PM, County of Weld, State of Colorado (Parcel #105909100027). Sincerely, COLORADO SWEET GOLD, LLC r yatt Registered went P 133-2]511-08-00TDeliverables VAppllcatlon MaterialsACSG aulh leper. doc 8714 State Highway 60 • P.O. Box 628 • Johnstown, CO 80534 970-587-5131 • FAX 970-587-6536 , ARTICLES OF ORGANIZATION 1 OF COLORADO SWEET GOLD. LLQ9951,,3552 $ 50.00 r„ , The undersigned person, being 18 years orr;""leei+Tk forms a limited liability company under the Col "di-f?Fiitiad24:06 Liability Company Act and adopts as the Articles of Organization of such limited liability company the following: I. The name of the limited liability company: COLORADO SWEET GOLD, LLC II. The period of its duration: Thirty (30) years from the date of filing of these Articles of Organization with the Secretary of State of the state of Colorado. III. The name and address of the registered agent for service of process: Bill Wyatt Wyatt and Martell LLC 222 West Magnolia Street Fort Collins, CO 80521 IV. The name and business address of the initial manager who is to serve as manager until the first annual meeting of members or until his successor is elected and qualified: John D. Hamilton 19921 Rawhide Drive Sonora, CA 95370 V. Management of the company shall be vested in one (1) or more managers. DATED: December 15, 1998. STATE OF COLORADO ss. County of Larimer I, Bill Wyatt, being first duly sworn upon oath, depose and state that: I am 18 years of age or older; that I am the organizer of Colorado Sweet Gold, LLC; that I have read the contents of the Articles of Organization and the statements contained in such Articles of Orgtioare t Bil f"'rat , O ani er Before me, Ginger Slatten, a notary pub f in and for said county and state, this 15th day of December i 998, personally appeared Bill Wyatt, who being first duly s^orn by me upon his oath, said and acknowledged that the facts alleged in the foregoing instrument are true. 4.f.triPb /NOTARY® E 2*: • OF C J •••' No ry ublic M co fission expires: 2/7/00 SITE PLAN CERTIFICATION I (We) hereby certify that the uses, buildings, and structures proposed to be located on: A PORTION OF THE NORTH HALF OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 9 WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS SOUTH 89°09'47" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION; THENCE ALONG THE NORTH LINE OF SAID SECTION 9 SOUTH 89°09'47" EAST 1957.72 FEET; THENCE SOUTH 00°50'13" WEST 530.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°09'47" EAST 633.60 FEET; THENCE SOUTH 00°50'13" WEST 550.00 FEET; THENCE NORTH 89°09'47" WEST 633.60 FEET; THENCE NORTH 00°50'13" EAST 550.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 348480 SQUARE FEET OR 8.000 ACRES MORE OR LESS. are designed and will be constructed and operated in accordance with the applicable Performance Standards and District Requirements for the 1-3 Industrial zone district as stated in the Weld County Code and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. Signature of Applica The foregoing instrument was subscribed and sworn to before me this 3 day of bet_ 2008, by P\-'Y\nt .. >oV-, WITNESS my hand and official seal. My Commission expires: Notary Public MY COMMISSION EXPIRES 4/2/2011 wItri ��OCT°,• 'nom. Eta gpfl/fLolll b1,dtO EMERGENCY CONTACT INFORMATION PLEASE TYPE OR PRINT Business Name: Lafarge North America, Inc. Phone: 303-6574000 Address: 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 Business Owner: Phone: Home Address: City: List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Jerimy Runner, No. CO Asphalt Manager 11409 Business Park Cir., Suite 200 Longmont CO 80504 970-556-0105 cell Kevin Garcia, Regional Manuf. Performance Mngr. Asphalt/Paving See Church Ranch above 303-601-0431 cell Steve Burnside, Fr. Range Asphalt General Manager 1590 West 12th Denver, CO 80204 303-619-2498 cell Business Hours: generally 7 a.m.- 7 p.m. Type of Alarm: None Days: generally Monday -Friday ❑ Burglar ❑ Holdup ❑ Fire O Silent ❑Audible Name and address of alarm company: No alarm proposed Location of Safe: NA MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: NA Location(s): Future office structure will be reviewed at time of building permit. Office structure/habitable structure not proposed at this time. Is alcohol stored in building? No Location(s): Are drugs stored in building? No Location(s): Are weapons stored in building? No Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. X Physical Security Check X Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Gas shut off: Exterior water shutoff: NA Interior water shutoff: NA identify Results • • Page 1 of 1 Account#: R2706004 WELD COUNTY ASSESSOR PROPERTY PROFILE Tax Area: 0509 Bordering County: Acres: 182.82 Township Range Section Quart. Sec. 04-67-09-1 •,: W . _ ..:tka et ..,nay,.. ... Owners Name & Address: COLORADO SWEET GOLD LLC 8714 STATE HIGHWAY 60 JOHNSTOWN, CO 80534 Business/Complex: Sale Date Sale Price $0 Parcel#: 105909100027 Subdivison Name Block# Lot# Property Address: Street: 8295 46.5 CR City: WELD Sales Summary Deed Type Legal Description Reception # N2 9-4-67 EXC PT PLATTED AS JOHNSTOWN COLONY & PURVIS ADD ALSO EXC BEG 2044.2'E OF NW COR SEC E1814' S1068' W400' N75DW 327' N60D50'W 229' N89DW 100' NOSDE 160' N45DW 832' N63DW 258' TO BEG ALSO EXC TRIANGULAR PIECE OF LAND TO GREAT WESTERN RWY CO & 80' S Land Type Agricultural Industrial Agricultural Agricultural Land Subtotal: Abst Code 4167 3115 4127 4117 Land Valuation Summary Unit of Number of Measure Units Acres Acres Acres Acres 44.82 64 39.5 34.5 Actual Value Assessed Value 182.82 $337,695 $97,930 No Buildings on Parcel http://maps2.menick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1059... 12/11/2008 Lafarge West, Inc. Asphaltic Cement Storage Facility Site Plan Review Application December 2008 Submittal Item • Completeness Review form • Application form with Deed attached Number of Copies 1 copy 1 original plus 14 copies • Draft Lease Agreement identifying applicant's interest in the property 1 original plus 14 copies • Description of Use/Statement of Compatibility • Evidence of adequate potable water and sewage disposal facilities (see highlighted language on p. 4 of Draft Lease Agreement) • County Road Access Information Sheet • Structure elevation and Site Plan Review context photo sheet • Site Plan Review Map • CD with Site Plan Review Map saved as a pdf • Mineral Owners Agreement Documentation (see letter from Wyatt and Winslow dated October 30, 2008 regarding Oil Well Site Near Lafarge Land Lease) • Letter from Ditch Company regarding Ditch Agreement • Site Plan Review Certification • Emergency Information Sheet • Preliminary Drainage Report • Preliminary Traffic Study • Access Permit Application • Dust Control Plan • Design and Operations Plan (part of SPCC plan) • Waste Management Plan • Geoteclmical Soils Report • Agreement regarding relocation of underground pipe (see letter from Wyatt and Winslow dated November 10, 2008 Regarding Underground Pipe for delivery of the consolidated Hillsboro Ditch Company Water) • Application fee P:\I33-23511O8-0PADeliverables\Application Matcnals\cover sheet doc 1 original plus 14 copies 1 original plus 14 copies 1 original plus 14 copies 1 original plus 14 copies 1 original plus 14 copies 1 CD 1 original plus 14 copies 1 original plus 14 copies 1 original plus 14 copies 1 original plus 1 copy 3 copies 4 copies 4 copies 1 original plus 14 copies 1 original plus 14 copies 1 original plus 14 copies 3 copies 3 copies $1,000.00 AC Tank Elevation Size: 40' tall, 100' diameter • • Lafarge AC Tanks SPR-427 The AC Tanks will be an earthtone tan color similar to the following: {,Nt PUIPV • Tan Name of Subdivision, PUD, USE, RE, SPR: Personnel Contact: Name EXHIBIT A - Cost Sheet (ON -SITE) SPR-427 Filing/Case #: Location: to real Mwiaf ctufM rnwue *viola. Phone 310.3457-41115,5 here6 a to rovwe thug: balk this faalhy thelollowing improvements e Tide Improvements (Leave spaces blank where they do not apply) �i a` or � " , , ra ". , ° e as n gir , /Ez ii Quantity Units Unit Costs ($) uco„ Estimated Construction Cost is; Site Grading rill= 5Booj4tf= !3750 cy t 2.5O $• '140., 075 Street Grading 7500 5 j( P 2.00 •/ 5, 000 Street Base CGaK (o) 'L500 Cy 1'21,00 I55Z,506_ Street Paving 1 t ona4 pod, a4pha w. -!'Yank I IS ' 3a, c00 034,000 Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities(Jt('Xg3+'eh4 /3o I_ F- 4-46 Retention / Detention Ponds I L. S */(000 ys�gicio r/Q 000 Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's 1 L5 4ce, 000 'e8, 000 Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area /,nclu4 ) d th Sfet 3rahn Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer SUB -TOTAL: _:...._ .. .__ '16°Z4n5— Engineering and Supervision Costs $ (Yl 00 ) 000 (resting, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ .11P), ) f 9-15 EXHIBIT A - Cost Sheet (ON -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: F►?aAv /I4o y6C id Applicant —0(1QC/bit of °read]D s, Title Let-PaleI VO ss I 1 By: Applicant Title Date , 20 Date , 20 _ (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) MAAGREEMENTS\Exhibits \Exh A on-site.xls EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, CSR, RE, SPR: --)19g` — Y2-7 Filing/Case It: Location: Intending to be legally bound, the undersigned Applicant hereby agrees ro provide throughout this facility the following improvements. AU improvements shall be completed within 3 years from the date of approval of the final plat. W 1 1!L 1 -he 4-1 11' "es Construction of the umprovements listed in Exhibit A shall be completed as follows: / _Y eX 1I{%S/Cil5 Improvements (Leave spaces blank where they do not apply ) Time Schedule (ON -SITE) a ‘OFF ,SI!El Site Grading prior -b operafl h5 Street Grading fo 4pefirho 5 Street Base pie!Qr Fri 0 y o a-hm 5 Street Paving psior leo Ofcra,174/JS Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds l 1° r a-QI7 S Road (:ulvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's (y(•l �+ y� GOn 4►14.0 0 54114. 7 Laterals (house or building connected) ✓q Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area prior 740 arra ns Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer Final Completion Date for Entire Project EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Frank May&ld Applicant Title IQf S Date , 20 L -Parle vies], Lit, By: Applicant Title Date , 20 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS\Exhibits\Exh B Time Schedule.xls 11/4...) wit TETRA TECH August 20, 2009 Mr. Kim Ogle Weld County Planning 918 10th Street Greeley, CO 80631 RE: Response to SPR-427 Comments and Updated Site Plan Maps Dear Kim: Attached please find 4 updated copies of the revised site plan map for SPR-427. In addition, following is a response to Jacqueline's comments regarding SPR-427 that were emailed to me on June 11, 2009. 1. The aerial layer from the "permit area location map" shall be removed. It has been removed. 2. The signature block shall be for Colorado Sweet Gold. The signature block has been changed to list Colorado Sweet Gold rather than Lafarge. 3. The proposed access, drainage and utility easement shall include the recording document number. The original map referred to an access, drainage and utility easement; however, only an access easement is needed as no drainage improvements or utilities are planned in the easement. Therefore, Colorado Sweet Gold and Lafarge signed and recorded a Memorandum of Agreement granting the easement. The recording information for the Memorandum has been added to the plan. 4. The location of the sign shall be within the SPR-427 boundary. All references to the sign have been removed as a site plan is not required for a sign in the 1-3 zone district. S. Please put Development Standard number 3 back in and renumber accordingly (also keep the note regarding the color under general notes). Development Standard number 3 has been added back in and the other Standards have been renumbered. We have also left in the General Note about the color. In addition, as I indicated to you in an email on August 11, 2009, per Don Dunker's request, we have added a cattle guard to the plans along with a note about Lafarge having the option to add an additional 200' of paving in lieu of the cattle guard. [it] TETRA TECH Page 2 of 2 Mr. Kim Ogle August 20, 2009 Thank you for your consideration. Please let us know if we can print mylars of this site plan map. Sincerely, TETRA TECH j4041-64—L412— Pamelaa Franch Hora, AICP Senior Planner cc: Anne Best Johnson P.\23511\133-23511-08007 \ Deliverables\ Response to Comments Planning Resp to 6 1109 comments doc TETRA TECH July 31, 2009 Mr. Kim Ogle Weld County Depaitinent of Planning Services 918 10th Street Greeley, CO 80631 RE: SPR-427 Proposed Access Dear Kim: Weld County Planning Department GREELEY OFFICE PUG fl'if G RECEIVED I am writing this letter on behalf of Lafarge West, Inc. who currently has SPR-427 under review at the County to permit some AC Tanks on property they are leasing from Colorado Sweet Gold. Earlier this month I had emailed Jacqueline Hatch-Drouillard to let her know that Colorado Sweet Gold asked Lafarge to relocate their proposed access drive 181' west of where it was initially proposed so that it would be farther away from the railroad spurs on their property. I let her know that we would submit updated copies of the SPR-427 map and Final Drainage Report to the County showing the new location and that we would have CDOT update the access permit to reflect the new location. Jacqueline responded saying that staff was requesting not only new maps but a narrative, that the application would be resent out for referrals and that we would receive revised staff comments. The change we are proposing is not a substantial change to require such a drastic response. Moving the access further to the west will not affect the area within the permit boundary area of the site plan application. Therefore, it is our opinion that as long as the property owner is in agreement with Lafarge's proposed access (they are in the process of working out a formal agreement) and CDOT issues an access permit, that the County Staff should be able to accept a change in the site plan without needing to send the application back out for referrals. Attached is a copy of sheet 1 of SPR-427 showing the access where it was initially proposed to be located. We have also attached an "Exhibit B" document showing where Colorado Sweet Gold would like Lafarge to move the access. A copy of the CDOT access permit permitting the access to be located in the proposed location, as shown on "Exhibit B", is also attached. Therefore, we are requesting that County Staff allow the access to be moved without sending the application back out for referrals. I appreciate your time and consideration regarding this matter and look forward to hearing from you. Sincerely, TETRA TECH amela Franch flora, AICP Senior Planner Attachments P \23511\133-2351' -08007 \ ProjMgmt CorrespondenceLetters access location doc s w w CD LD ACCESS EXHIBIT ❑ 9 v_ 0 Drawing Description Project No.: 133-23511-09-007 PROPOSED SITE ACCESS [CNExsiax BOX 75' 150' 300' r�E STATE HIGHWAY 60 R/W 30 11ESERVED FOR FUTURE HICIMMAY GAS ayi \\ \ e HE`OGOIItS ne CONSTRUCTED) - -.` Se°o9'47'E�3 .�'"-''• ysns;o r .90500 I �I I rtY"` i t .T OW.EFW ) LAMS r' OO TETRA TECH etratech.com 1900 S. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX: (303) 772-7039 Ne9'0947'W 633 80 EXHIBIT "B" AC TANK ACCESS EXHIBIT LAFARGE WEST, INC. EXISTING RAILROAD SPUR Date: 7-31-09 Designed By: Drawing No. B Copyright: Tetra Tech • ,� � { isitTh. y ��Acuiza; O I- 1SWEETGOLD ACCESS EXH LL a N O Ul co a N O RNV PROPOSED SITE ACCESS 75' EEWIl 3— s /7 E EE f alz 11� 1 JAI zosz G0 trt eimo !41-rEfk'ia4 I 150' L 6169.0447'W 633 60' 300' CONIC EERXATION OEYEREICM IEEE SET �I GATE I • \HIGH dl"Ere.\ OAS GEE\ \\ IRRIGATION PIPE `l '„ EE RELOCATED Al THE THAT nOSSTR RE CON STRUG10X.TEDI \\ .\ \ • • Iwo \\• %• \ \\ VVMSNENaowR: IEEE OET1y ON EPEE'S) IS' CULVERT PPE INV X•A11s1I INV S•4113.le \\ •,=••\ .Ilion.• i 22” 17 I SAR ONG .r EEAGES nP E O LONG)• I I ��flpOOx I / pi \ oIO EPEA i J I ! GONG DIVERSgX S AUCNRE INV NM1n 10 TETRA TECH www.tetratech.com 1900 S. Sunset Street. Ste. 1-F Longmont, Colorado 80501 PHONE. (303) 772-5282 FAX: (303) 772-7039 Drawing Description EXHIBIT "B" AC TANK ACCESS EXHIBIT LAFARGE WEST, INC. Project No.: 133-23511-08-007 Date: 7-31-09 Designed By: Drawing No. B Copyright: Tetra Tech COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE NOTICE TO PROCEED CDOT Permit No. 408138 SHISIMP 60A/ 10.198 !R l.ocalJuttsdictlon Weld County Permittee(s): Applicant: Colorado Sweet Gold LLC Lafarge West, Inc. 8714 State Highway 60 10170 Church Ranch Way, Suite 200 Johnstown, CO 80534 Westminster, CO 80021 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 (X) T1tle Date This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By (X), A.,4� l� Tale I1 Date 2/17/2009 py distrib on: Required: Region (original) Applicant Staff Access Section 16-Gilacst Make copes as necessary or Local Authority Inspector Lee Ireton MTCE Patrol Traffic Engineer orm 1LO3 W O. COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 40813E Permit fee $100.00 Date of transmittal 11/24/2008 Region//Section/Patrol 4 / 01 / t6•Gllcrest State Highway Nofft!y'Side 60 A / 10.; ' R _ Local Jurisdiction Weld County The Permittee(s); Applicant: Colorado Sweet Gold LLC Lafarge West, Inc. 8714 State Highway 60 Johnstown, CO 80534 970-302-7100 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 303-653-4101 Ref No.: 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 it accordance with this permit, including the State Highway Acc'ss 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 duty appointed agents and employees shall be held harmless against any action for personal Injury or property damage sustained by reason of the exercise of t the permit Location: This access is located on State Highway 60, a distance of 1050 feet east of mile post 10 on the southlright side. Access to Provide Service to: (Land Use Code:) 147 - Storage Tanks (4 tanks) 142 - Office Trailer (1 trailer) (Size or Count) (Units) 30 ADT 10 ADT Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date i 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 commendng construction within the State Highway right-of-way. The person signing as the pennittee must the owner or legal representative of the property served by the permitted access and have full authority to perm and coed ' s. Mee t Name Date V This permit is valid until signed by a duly authorized representative of the Department COLORADO DE ARTMENT OF TRANSPORTATION Sig zeta � ,t,� `-�- — P ' t Name 1 ( '1.,0 ILIA HtcE -I Dce..02. Title ft-12Mtl P- 01Z- Date (of issue) 27 (p4 (7y l ibuuon: Regrired 1.Regon 2Appics . Make copies as necessary tor 3.Steff Access Section Local Authority Inspector 4.Centrat Files MTCE Patrol Traffic Engineer Previous editions are obsolete and may not be user Page 1 of 3 COOT Form alai 5707 eW z z¢ @00 x01 zers-eeL (CDC) 3NOMd 10909 9)99900 93304c91 ALL Ns' 10930 N:.9s s 0001 woo LpoLaLLEIL 1900 11331 `1131 6NOISIA I 500)CI03„ 0009900 O3w ad 80-9 0 00-0L W4ru 3ev° VIVID "9" As NOIle010030 >-! _o J'c? z U oo 1 a LLU y LL ° Iw zJ <C(F3LL Imo° _ C1'12 z r „ JO N-() QU N W �-M L oo aW ZI°W (n W I J z �GjzEL- QO'Cl(2) WL. w U e1 III'Ua ' O H _1 J° J w W I OF K LL 0_ J Wo < l�N U3 =a ^ I o m LLw a6 U. z Z v di Q Q Q K W U U LL WP 0U 2 z W 3' aW O>W 2< W2 E- H up Q as W O 0 < V gfl NVId LZ17-eldS A11lIOV3 30Vl1015 1N316130 3111VHdSV -... owuo-0'LI 103013M 'ON! 193M 3OWi/110.03 00 a fig SHEET INDEX: J 0 0 w S o 0- z N I-- - W W u: w uiiw SCALE: 1'-O00' 30101' NOSMON 3WMN 11000 1133001I1OAb19M0 NV1S 3110-00 131010119935901/9110080-1 LOLL CL1\I I)CL1 d ON 90990 NM LC 00018000 80 .900 '1999911 Page 1ofI Bilobran, Timothy From: Hora, Pam [Pam.Hora cat tetratech corn] Sent: Thursday. July 16, 2009 10:11 AM To: Bilobran, Timothy Cc: Anne.Johnson@lafarge-na.com Subject: Request to edit access permit Hi Tim, Lafarge West, Inc. would like to modify their access permit on the Colorado Sweet Gold Property (permit # 408138) to indicate that the access will be located in it's originally requested location at Mp 10.198. Thank you. Pam Hora Pamela Franch Hora, AICP ! Senior Planner Direct. 720 864 4507 i Main 303 772..5292 I FAX 303.77_2 7039 Nam horaete!ratech corn `etra Tech I Engineering b Archtecture Services 1900 S. Sunset Street Suite 1-FF _ongmont. CO 8050' ! :5MAV tetratech corn PLEASE NOTE This message including any attachments may include privileged. confidential and'or inside information Any distribu:oi n' use of this communication by anyone other than the intended recip+ent is strictly prohibited and may be c.lavrfu' •t You are not me intendsc recipient. please notify the sender by replying to this message and then delete it from your system COLORADO DEPARTMENT OF TRANSPORTATION HIGHWAY ACCESS CODE NOTICE TO PROCEED T ov Yew n 408138 SHSTATE fio,\ :().191i tt Loco' ` `5' ""^ Weld Count4 Permattee(s): Applicant: Colorado Sweet Gold LLC Lafarce West. 1n.. 8714 State I Iighwav 60 10170 Church Ranch Way. Suite 2W) .Johnstown. CO 80534 Westminster. Co 800: I 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 conditionai The following items shall be addressed prior to or during construction as appropriate. Municipality or County Approval (When the appropriate local author.ty retains issuing autncrir: ) By T i!e DE -se (X) This Notice is not valid until signed by a duly author zed represertat:ve of tie Department Colorado Department of Transportation BY 7.--\1 T;t:.e_ Ds!e X � i j � ' 2' i 7/2009 N. (X) 011 1 !' Q , - .ter, Region (original) App!icart Staff Access Section Jake copies as necessary for: Local Author: y inspector Lee tretcn MICE Patrol Traffic Engineer 16-Gilcrest Form 1265 8(98, 6199 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No 40813E Permit fee Date of transm'tta $ 100.00 11/24/2008 Regicr'Section/Pa'.rol 4 / 01 /'_5 Glcrest State Highway No/Mo'S'de 60 A / 10..4 ,414. R Local Jurisdiction Weld County The Permittee(s): Applicant: Colorado Sweet Gold LLC Lafaree West. Inc. 8714 State Highway 60 Johnstown, CO 80534 970-302-7100 I0l70 Church Ranch Way, Suite 200 Westminster. CO 80021 303-653-4101 Ref No.: is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained ano used it 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 harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: This access is located on State Highway 60. a distance of 1050 feet east of mile post 10 on the south/right side Access to Provide Service to: iLand L:se i'ade:i 147 - Storage Tanks (4 tanks) 142 - Office Trailer t t trailer) Additional Information: k?r Cuuntl tL'nns� ?0 AD'r l t. ADT MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature 1 P'•nt Name 1 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 Dermittee 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 permlttee must k the owner or legal representative of the property served by the permitted access and have full authority to ofceprttl%"perriiit Its-tand cons. Pwrmtttee t Name This permit is rbt valid until signed by a duly authorized representative of the Department COLORADO DEPARTMENT OF TRANSPORTATION Sig tore 1 1 f m 1 l nt Name I Title 1 Date (of issue] L� -'( �- 1 ' ' LU l2 i A1 -T i c E - I D c..Eba I F' 2z t� t "C k crra Z7f -7 l p `l (Copy Dis ributton: Required: Make copies as necessary fc= Previous editions are obsolete and may not be user 1.Regior, 3.StallAs�ss Se lion Local Authors/ ;specfo Page 1 of 3 COOT Form 4101 5107 2 Applicant 4.Central Flies MTCE Patrol Traffic Engineer COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE NOTICE TO PROCEED cool Permit No. 408138 SH/SMlP 60A / 10.198 / R Local Jurisdiction Weld County Permittee(s): Applicant: Colorado Sweet Gold LLC Lafarge West, Inc. 8714 State Highway 60 10170 Church Ranch Way, Suite 200 Johnstown, CO 80534 Westminster, CO 80021 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 (X) Title Date This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By (X) 61/4. - L� Title � Iml1 Date 2/17/2009 py distribu on: Required: Region (original) Applicant Staff Access Section Make copies as necessary for: Local Authority Inspector Lee Ireton MICE Patrol Traffic Engineer 16-Gilcrest Form 1265 8/98,6/99 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOTPermit No. 40813E State Highway No/Mp/Side 60A/ 10.413, R Permit fee $100.00 Date of transmittal 11/24/2008 Region/Section/Patrol 4 / 01 /16-Gilcrest Local Jurisdiction •-vbh Weld County J The Permittee(s); Applicant: Ref No.: Colorado Sweet Gold LLC Lafarge West, Inc. 8714 State Highway 60 10170 Church Ranch Way, Suite 200 Johnstown, CO 80534 Westminster, CO 80021 970-302-7100 303-653-4101 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 ii 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 harmless against any action for personal injury or property damage sustained by reason of the exercise of the ermit. Location: This access is located on State Highway 60, a distance of 1050 feet east of mile post 10 on the south/right side. Access to Provide Service to: (Land Use Code) (Size or Count) (Units) 147 - Storage Tanks (4 tanks) 30 ADT 10 AnT Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the perm'ttee 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 b the owner or legal representative of the property served by the permitted access and have full authority to acepr4fe permifa7 its'Ye and. cond s. P¢fmittee h f t Name ,�'/ lei,/.....4 Date Q /�/ od' /-40e/ This permit is riot valid until signed by a duly authorized representative of the Department. COLORADO DE ARTMENT OF TRANSPORTATION Sig ture fri Pnt Name ' I Lo l rA + t I c e p�C2 Title ,t f fz t -.t IT P- 012 Date (of issue) 2/1 /p el ( �Y E py Distribution: Required: 1. Region 2 Applicant Make copies as necessary for 3.Staff Access Section Local Authority Inspector 4.Central Files MTCE Patrol Traffic Engineer Previous editions are obsolete end may not be usec Page t of 3 CDOT Form #101 5/01 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42- 4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 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. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 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-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT - Please Review The Following Information Carefully - Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE) — General Information — (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp. • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager, Julia Horn (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices Omaha District (NE Colorado), Denver Office (303) 979-4120 http://www.nwo.usace.armv.mil/html/od-tl/tri-lakes.html Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.sok.usace.armv.mil/cesok-co/reautatorv/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.spa.usace.armv.mil/req/ • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http://www.dot.state.co.us/Permits/ Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http://www.dot.state.co.us/environmental/Wildlife/Guidelines.asp or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources — The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by 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 OAHP at (303) 866-3395. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November'07 Asbestos Containing Materials. Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM Involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT protects is available from Julia Horn, CDOT Asbestos Project Manager (303) 512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality Control Division at 303 692-3500. Website: htt.://www.cd•he.state.co.us/w./PermitsUnit/w•cd.mt.html Construction Dewaterinq (Discharge or Infiltration) — Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at 303 692-3500. Website:htt.://www.cd•he.state.co.usw./PermitsUnif/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:htt•://www.cd•he.state.co.us/w./PermitsUnit/w.cd•mt.html Municipal Separate Storm Sewer System (MS41 Discharge Permit — Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities re•uired to obtain MS -4 Permits, or •o to htt.://www.cd•he.state.co.us/•/PermitsUnit/w.cd.mt.html#Munici.alFormsGuidance. 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 •ermit ma be r- •uired information •rovided at to. of ECIS . Contact the CDPHE Water Quali Control Division at 303 692-3500. Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation. In either case, the CDOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact Information: The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at 303 757-9313 or from: htt • ://www.dot.state.co.us/environmental/envWate • ual/w. ms4.as. Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on -site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by COOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quali Pr. • ram 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 CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quali Pro. ram Manager at 303 757-9343. S•ill'e••din.-S•illssh.11•e •ntaine• n.clan-•u.ass••nas.•ssi•I:.S•illsshallN•T •owsh=••.wnint.th storm - in Alls.illssh II.:r C••Tllliisch-r• H•tlin:.t(313)512 I .r .r.uri •. ..rt .t.th Dill s(•1121)..swal sth •i•n • • • a • 'e•i•n.lMaint nanc Su. rvis•r. Sills •nhi.hw. s, int. wale s, •rthatm- .th nvis- •r s nt -n Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation November '07 immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-(877)-518-5608. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra-state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Paleontology - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at www.dot.state.co.us/environmental/wildlife/permitapplication.asp. About This Form - Questions or comments about this Information Summary may be directed to Dahir Egal, CDOT Safety & Traffic Engineering, Utilities Unit, at (303) 757-9344, dahir.egal@dot.state.co.us Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation November' 07 State Highway Access Permit 1 Attachment to Permit No. 408138 - Additional Terms and Conditions 1. If there are any questions regarding this permit, please contact Tim Bilobran at (970) 350-2163. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit (CDOT Form No. 137) Permit (CDOT Form No. 101) and its two page attachment Exhibits: "A"- Access Plans "B"- Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon existing and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (current edition). 6. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. All workers within the State Highway right-of-way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupation Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. At a minimum, all workers in the State Highway right-of-way, except when in their vehicles, shall wear the following protective equipment: * Head protection that complies with the ANSI Z89-1-1997 standard; * At all construction sites or whenever there is a danger of injury to feet, protective footwear that complies with the ANSI Z41-1999 standard will be worn; * High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSLISEA 107-1999, Class 2). Where any of the above -reference ANSI standards have been revised, the most recent version of the standard shall apply. 7. This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy State Highway Access Permit 2 Attachment to Permit No. 408138 - Additional Terms and Conditions upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such repairs. 9. The Department retains the right to perform any necessary maintenance work in this area. 10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 11. All costs associated with the maintenance of this access are the responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 12. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requires the Permittee to obtain a CDOT Landscaping Permit from the Traffic/Access Section. The access permit does not authorize that activity. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Linda McWilliams at the Greeley Traffic Office, (970) 350-2147 to obtain the Landscaping Permit. 13. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 14. If highway right-of-way fence exists or is proposed, the Permittee must contact Tim Bilobran at the Greeley Traffic Office, (970) 350-2163, prior to removal or installation. 15. The access shall be maintained at 25 feet wide with a 20 foot radii. 16. Surfacing of the access shall be maintained as per Exhibit "A". 17. The access shall be maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 18. The maintenance of the access and/or further development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. State Highway Access Permit 3 Attachment to Permit No. 408138 - Additional Terms and Conditions 19. The Department inspector may suspend any work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department inspector. 20. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction-Environmental Guidance webpage at http://www.dot.state.co.us/environmental/Forms/asp. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substance such as: wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System Permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air condition condensation, irrigation water, springs, footing drains, waterline flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. ANY OTHER DISCHARGES, including storm water discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from CDPHE before work begins. For additional information and forms, go to the CDPHE website at: http://cdphe.state.co.us/wq/PermitsUnit/wqu. 21. The Permittee is required to maintain all culverts found at this location and shall provide for proper side slopes. COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT APPLICATION Issuing authority application acceptance date: litoltfroV VT( Instructions: - Contact the Colorado Department of Transportation (COOT) or your local government to determine your issuing authority. - Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form (some questions may not apply to you) and attach all necessary documents and Submit it to the issuing authority. Please print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority - For additional information see CDOT's Access Management website at htto:I/www.dotstate.co.us/AccessPermkNindex.htm 1) Property ow (Permitee) Color4l SWeCt epic) LLG 2) Agent f r permittee (if differeqt frojn property owner) I-a1arge WCST, Inc. Street%i 4 slut f h' horn (oO � Mailingadss ICI -70 Church Rana, waij,sur,le City, state & zip VWGstmir>5br Cn 8O021 20o Phone#(requlred)Any, cut 803 (053 4101 City, state & zip i7'ohretw'/n CD X34 Phone# t. -nn is cut ono 302'(100 E-mail address E-mail address if available An n6. iohr)5onu /AfAr5& — nn. Can 3) Address of property to be served by permit (required) 8295 Silas I-h-rohwhy lot) 4) Legal description of property: If within jurisdictional limits of Municipality, city andlor County. which one? county I 1 'subdivision ^_ I block I lot /y section I township if w I retype ` b�W 5)What State Highway are you requesting access from? SOOa CIJ� 6)V tat side of the hi hway1?❑ ❑ N S E W 7) How manyfeet is the proposed access from the nearest mile post? 10G"i"fed--efeet ON USIA E❑W)from: 10 How many feet is the proposed access from the nearest cross street? 2,027 feet ON Els PIE OW) from: WCR I-4 8) What is the approximate date you intend to begin construction? t lease. p'c-Fcr- +1D Gol c!' ` anucxnj 12009 h�ap�r�— orq{, road cs. A C rcrybtcc*. 9) Check here if you are requesting a: anticipated: ) improvement to existing access removal of access elocation of an existing access (provide detail) ■ new access • temporary access (duration change in access use 10) Provide existing property use AtcytuthA2i.l AnA Inch woraI 11) Do you have knowledge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest? permit number(s) and provide copies: and/or, permit date: Ciftelt hal MAiro Olt permit3 Aro oUcr. • no �� yes, if yes - what are the PleA5e 4cc 12) Does the property owner own or have any interests in any adjacent property? GtI4 COntinv Irn 01"1Asej no ayes, if yes - please describe: MI 13) Are there other existing or dedicated public streets. roads, highways or access easements bordering or within the property? L, your plans and indicate the proposed and existing access points. A. tge.hcd rnapc bcst F ■ no NI yes, if es - list them on I11t1 Aic V(Glni G6c6• 14) If you are requesting agricult cal field access - how many acres will 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. businessAand use square footage business square footage I.Afar& AC Gbrarye *anl.c5 (4) I I La -ions. aff'tt -haute I I 16) If you are requesting residential developement access, what Is the type (single family, apartment, townhouse) and number of units? type number of units type number of units I _ — I —. 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 EJ1eak hour volumes orRaverage daily volumes. a of passenger cars llgbt IrucsaYMYJw.wWies a of mufti unit trucks at peak hour volumes and 15 tl of single unit vehicles in excess of 30 ft N of fame vehicles (field equipment) Total count of all vehicles25 A Previous editions are obsolete and may not be used Page 1 of 2 COOT forte #13T 12104 18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access, bordering roads and streets. e) Subdivision, zoning, or development plan. b) Highway and driveway plan profile. f) Proposed access design. c) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. d) Map and letters detailing utility locations before and after h) Traffic studies. development in and along the right-of-way. i) Proof of ownership. 1- It is the applicant's responsibility to contact appropriate to their activities. Such clearances may include Corps of permits, or ecological, archeological, historical or cultural Information Summary presents contact information for agencies prohibited discharges, and may be obtained from Regional CDOT Planning/Construction-Environmental-Guidance webpage 2- All workers within the State Highway right of way shall procedures, and all applicable U.S. Occupational Safety and limited to the applicable sections of 29 CFR Part 1910 - Occupational - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, respirators, gloves, etc.) shall be worn as appropriate for minimum, all workers in the State Highway right of way, except protective equipment: High visibility apparel as specified accompanying the Notice to Proceed related to this permit protection that complies with the ANSI Z89.1-1997 standard; injury to feet, workers shall comply with OSHA's PPE requirements and 1926.96. If required, such footwear shall meet the requirements Where any of the above -referenced ANSI standards have apply. 3- The Permittee is responsible for complying with the Revised under the American Disabilities Act (ADA). These guidelines use of a defined pattern of truncated domes as detectable can be found on the Design and Construction Project Support <http://www.dotstate.co.us/DesignSupportl> then click agencies and obtain all environmental clearances that apply Engineers 404 Permits or Colorado Discharge Permit System resource clearances. The CDOT Environmental Clearances administering certain clearances, information about CDOT Utility/Special Use Permit offices or accessed via the http://www.dot.state.co.us/environmental/Forms.aso. comply with their employer's safety and health policies/ Health Administration (OSHA) regulations - including, but not Safety and Health Standards and 29 CFR Part 1926 high visibility apparel, safety glasses, hearing protection, the work being performed, and as specified in regulation. At a when in their vehicles, shall wear the following personal in the Traffic Control provisions of the documentation (at a minimum, ANSI/ISEA 107-1999, class 2); head and at all construction sites or whenever there is danger of for foot protection per 29 CFR 1910.136, 1926.95, of ANSI Z41-1999. been revised, the most recent version of the standard shall Guidelines that have been adopted by the Access Board define traversable slope requirements and prescribe the warnings at street crossings. The new Standards Plans and web page at: on Design Bulletins. If permitted permit. The laws, true I an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the access not consistent with the terms and conditions listed on the permit may be considered a violation of the applicant declares under penalty of perjury In the second degree, and any other applicable state or federal that all information provided on this form and submitted attachments are to the best of their knowledge and complete. understand receipt of an access permit does not constitute permission to start access construction work. Appl ✓,,�� nl's signal p Print name h�C.Odhnc Date Ii.Lr 2vog If the applicant is not th their legally authorized r with this application by all cases, will be F d as the wner of the property, we require this application also to be signed by the property owner or resentative (or other acceptab e written evidence). This signature shal constitute agreement owners -of -interest unless stated in writing. If a permit is issued, the property owner, in most permittee. Property owner signature Print name Date i Previous editions are obsolete and may not be used Page 2 of 2 COOT Form #137 12104 CD . f r � � c, c o A C �} / \ , Otte Z DrLORME -. _.._:-_..'Elwell_ Vicinity Map for Access Permit #408138 Ifartfor Reserve /r Data use subject to license. © 2005 DeLorme. Street Alas USA® 2006. www.oelorme.com At(( pane;n . tn) Hillsboro Reservoir Street Atlas USA® 2006 Scale 50,000 Wildcat /` Mound f . J V=4,166.7 ft Data Zoom 12-0 DATE ////, INSPECTOR REVIEWED WITH UTC F 0jnI .( St.re�,Dr^J HIGHWAY M.� CITY COUNTY HMW JI SITE REVIEW 1. Category Located on the 3. Adistance of 4. Posted speed Waits =a 5. Number of driving lanes Anticipated vehicle types ' C r .. 7. Sight distance MINIMUM REQUIRED AVAILABLE: cv / 8. Abutting roads available Does reasonable alternate access exist? 9. Number of existing driveways serving property Length of property along highway 10. Existing access width L f (ccIi LAI 1 I . Existing curb and gutter n 12. Existi.ng drainage culvert YES SIZE TYPE Culvert required YES NO SIZE TYPE Depth of fill / , ,n) .c /3. Speed change lanes RT DECEL RT ACCEL I I' DECEL LT ACCEL 14. Width•of existing driving lane 15. Width of existing right asphalt shoulder Distance of BO to ROW 16. Existing fence 1 Existing gate Existing cattle guard 17. Distance from planned access to access in both directions 18. Survey markers 19. Distance from nearest City/State Highway (if within 2 mile limit) 20. Other 610,11A.0 0•WA(C0011401d MJ31 VLL131 c. IIPIC al. WWI awl 3BS NOLLvOIlddtl-3Nd A1110/3 30YlliaLS DOPIXDOWIVIOISV mow raw I I 1 r S >-- C) I J w og u 0 W acs0 G Z gWls (QJLL W agw of °- Llla wk0 a11U g Qca s r ILAFARGE AGGREGATES & CONCRETE November 4, 2008 Ms. Gloria Hice-Idler CDOT 1420 Second Street Greeley, Colorado 80631 RE: State Highway 60 Access Permit near mile post 10 Dear Ms. Hice-Idler, On behalf of Lafarge North America, I am pleased to submit the enclosed Access Permit application for an Asphaltic Cement Storage Facility near the community of Johnstown, Colorado. Enclosed for your review are the following items: CDOT Access Permit application form signed by Lafarge North America and Colorado Sweet Gold; Existing Access Permit information provided by Colorado Sweet Gold; Asphaltic Cement Storage Facility Site Plan prepared by TetraTech; and a copy of the Traffic Study completed by Gene Coppola. Please contact me at your earliest convenience should you require any additional documentation. I understand payment for this permit is not due until review completion. I look forward to working with you. Sincerely, A -O4, Mir Anne Best Johnson, AICP Land Manager Copy: Dennis Trego, Colorado Sweet Gold Electronic copy: Frank Mayfield, Thomas Potter, Kevin Garcia, Jerimy Runner LAFARGE NORTH AMERICA INC 11409 Business Park Circle, Ste 200 Longmont, CO 80504 (303) 657-4000 www lafargenorthamerica.com OLORADO DEPARTMENT OF TRANSPORTATION • STATE HIGHWAY ACCESS PERMIT APPLICATION Issuing authority application acceptance date: Instructions: - Contact the Colorado Department of Transportation (COOT) or your local government to determine your issuing authority. - Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form (some questions may not apply to you) and attach all necessary documents and Submit it to the issuing authority. Please print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority. - For additional information see CDOT's Access Managementwebsife atMlnJAwtiw.dotatate,cu,us/AccessPermitslmdex.hprt 1) Property owner (Permittee) Colorat 'Sweet &l a L -1.-C, 2) Agent fArpemiittee (if differe kaflrge Wren, from property owner) Inc. Street address $1 14 shat/ +-i1 CIhwAt1 tat) Mailing address 10170 Church Ranch Wail l5ufie 2c9CD City, state & zip Johr n O7 iscSM Phone! C.-nniS a t -I cr-io 3°2.71Oo City, state & zip VAJGstmif)sf✓r Cn €0021 Phoney frequiAlehfle Cat 303 (oG3 4101 E-mail address E-mail address if available anne. J0hr)50116 /a/Arye — nO• Ce)n ro 3) Address of property to be served by permit (required) 5215 :Node htiehwtiy ivy 4) Legal description of property: If within jurisdictional limits of Municipality, city and/or County, which one? /, .--. County W e Id I aubEivision I stork I torn I section 9 township r V I range %% IIV 5) What State Highway are you requesting access from? �� 6) What side of the t hway? �N S � E � W 7) How many feet is the proposed Glut " 1D...t/ feet a access IIIIS'®E from the nearest mile post? i W)from: I d How many feet is the proposed access from the nearest cross street? 21027 feet ON •Stpe•VV) WGQ- I-7 from: 8) What is the approximate date you intend to begin construction? ,_ mC�� („C - - G rt SanUa� 1 20C9)YJy'`Gt Xuro(� road cc. f�-ti�� 9) Check here if you are It new access ® change in access requesting ■ use a: r'ti'otN/Si-. temporary access (duration anticipated: pcs �� improvement anto existing ac access removal of access ocation of e " � -xhstkmg (provide detail) 10) Provide existing property use AOJ ,r._;614.‘..i Ant I And Inetu 5+n'a I 11) Do you have $ knowledge no .CI Bete of any State Highway access permits serving this property, or adjacent properties in which you have a property interest? yes, Byes - what are the permit number(s) and provide copies: and/or, permit date: sce et+ttthe 1 m611 /16 pc anti+, Aro older 12) Does the • property owner own or have any interests in any adjacent property? no ayes, if yes - please describe: Coni-1nu ath m o F Ust, 13) Are there III1A JO other existing or dedicated public streets, roads, highways or access easements bordering or within the property? no NI yes, if yes - list them on your plans and indicate the proposed and existing access points. 4.4-1 4t4- cd mayS �s+ Mt VILlhitr) tA64s• 14) If you are requesting agricuh cal field access - how many acres will 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 L0Are AC G4nrM& tunKs (4) I La-Furyy. dif tt. -Ivait,er I I 16) If you are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units? type number of units type number of units I — ^� I " ___ I ____ 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 [beak hour volumes or Beverage daily volumes. x of single unit in s of passenger cars and tight mm ' ' " 15 I of multi amt trucks at peak hour volumes vehicles excess of 30 It .25ll of fern vehicles (feu equipment) Total count of all vehicles 40 Page 1 of 2 COOT Farm 0137 12/04 18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access, bordering roads and streets. e) Subdivision, zoning, b) Highway and driveway plan profile. mJ•si development plan. c) Drainage plan showing impact to the highway right-of-way. g) Panded accessdesign. d) Map and letters detailing utility locations before and after Parcel ownership maps including easements. h) Traffic studies. development in and along the right-of-way. Q Proof ofofowrnership. 1- It is the applicant's responsibility to contact appropriate to their activities. Such clearances may include Corns of permits, or ecological, archeological, historical or cultural Information Summary presents contact information for agencies prohibited discharges, and may be obtained from Regional CDOT Planning/Construction-Environmental-Guidance webpage 2- All workers within the State Highway right of way shall procedures, and all applicable U.S. Occupational Safety limited to the applicable sections of 29 CFR Part 1910 - - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, respirators, gloves, etc.) shall be worn as appropriate for minimum, all workers in the State Highway right of way, protective equipment: High visibility apparel as specified accompanying the Notice to Proceed related to this permit protection that complies with the ANSI Z89.1-1997 standard; injury to feet, workers shall comply with OSHA's PPE requirements and 1926.96. If required, such footwear shall meet the requirements Where any of the above -referenced ANSI standards have apply. 3- The Permittee is responsible for complying with the Revised under the American Disabilities Act (ADA). These guidelines use of a defined pattern of truncated domes as detectable can be found on the Design and Construction Project Support <httolhvww.dotstate.co.us/DesignSuoport/>, then click agencies and obtain all environmental clearances that apply Engineers 404 Permits or Colorado Discharge Permit System resource clearances. The CDOT Environmental Clearances administering certain clearances, information about CDOT Utility/Special Use Permit offices or acclaimed via the http://www.dotstate.co,us/environmental/Forms.asa. comply with their employer's safety and health policies/ and Health Administration (OSHA) regulations - including, but not Occupational Safety and Health Standards and 29 CFR Part 1926 high visibility apparel, safety glasses, hearing protection, the work being performed, and as specified in regulation. At a except when in their vehicles, shall wear the following personal in the Traffic Control provisions of the documentation (at a minimum, ANSI/ISEA 107-1999, class 2); head and at all construction sites or whenever there is danger of for foot protection per 29 CFR 1910.136, 1926.95, of ANSI Z41-1999. been revised, the most recent version of the standard shall Guidelines that have been adopted by the Access Board define traversable slope requirements and prescribe the warnings at street crossings. The new Standards Plans and web page at: on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Apo \-- nrs signa \ 1 Print name AhlC.Cohn Date I1-LI-, 2oag If the applicant is not th their legally authorized r with this application by all cases, will be tistS,. as the r of the property, we require this application also to be signed by the property owner or esentative (or other acceptable written evidence). This signature shat constitute agreement owners -of -interest unless stated in wilting. If a permit is issued, the property owner, in most pernittee. - Property owner signtine 6b/ � Print name ennis / 1 e,o Date /O, W. 5 7/ Previous editions an obsolete and may not W used Page 2 of 2 CDOT Fonn 0137 12104 MaMORM•li SM. d %1 HIPS NOI1VOIlddtl-3tld 9 Y 103.1.'alit 0 o' } F - J i ULO < a w ati0 zz w mCO w I- g Z3ta od weo� S2Q W 5" a_—i `Fife U aw U z Q 2w d co Q 0 fE g @6 cosign 4nrnd #Jmola SOD JLLMId9Y mom+d0•v.+Ir aYasNnae f • .USPS - Track & Confirm Page 1 01 1 r1! UNITED STATES e POSTAL SERVICE,: Track & Confirm Search Results Label/Receipt Number: 7007 3020 0002 4388 2828 Detailed Results: • Delivered, November 05, 2008, 11:47 am, GREELEY, CO 80631 • Notice Left, November 05, 2008, 9:53 am, GREELEY, CO 80631 • Acceptance, November 04, 2008, 4:44 pm, WINDSOR, CO 80550 < Back Return to USPScom Home .> Notification Options Home I Help Track & Confirm Track & Confirm Enter Label/Receipt Number. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go> Site Map Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National & Premier Accounts Copyright© 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA m ru m ru m m m 7007 3020 0002 U.S. Postal Service,, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided). Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage S Fees $2.02 $2.70 $0.00 $0.00 $ $4.72 fy ut ut Irn nos Snt &t /4k-,--tool- street, Apt. No., or PC Bar No. City Stale, ZIP+4 420 (r l7 -SOla31 PS Form'3800;August 2006 ' . See Reverse (er Instructions: http://trkcnfrm1.smi.usps.com/PTSlntemetWeb/InterLabelDetail.do 11/10/2008 IMOP HISTORICAL SITE TRAFFIC Historical site traffic generated by the Colorado Sweet Gold (CSG) site was calculated using owner input, data supplied by businesses located on the site and interviews. Currently, five businesses use the CSG site. They are West Plains Company, Colorado Greenbelt Management Company, NEVCO Services, Renewable Fiber and Weld Works. Descriptions of each business and a site plan follow. West Plains Co. West Plains Co. (WP) is in the business of buying, storing and selling grain and feed ingredients including wheat, corn, and soybean meal. WP leases a storage building, a 4,500 square foot office building, a grain storage tank, grain silos, a control building, the grain loading/unloading structure, a scale and scale house (structures 9, 29, 13, 14, 15, 16, 27 and 28 on the site plan map) to operate their business. They also use a couple of areas on the property (north of structure 9 and west of structure 13) for temporary (90 days max) outdoor grain storage during their peak seasons. The peak seasons are July (wheat harvest) and October and November (corn harvest). The business operates Monday through Friday with the typical hours of operation between 6:30 am and 4:30 pm. However, during peak seasons, the hours of operation could extend to 8:00 pm. WP employs up to 20 people on site to operate the business. Grain comes and goes from the site by truck and rail. Typically 25-30 trucks enter the site per day; however, in the three peak season months, there could be up to 100 trucks coming onto the site per day. During this busy time, WP utilizes a truck staging area located east of the grain silos to make sure trucks never back up onto State Highway 60. The scale house and scale used by WP for the trucks are shown on the site plan as structures 27 and 28. Once or twice a week a train with 5-10 cars will deliver feed ingredients onto the site and about once per month a train with 75-100 cars will leave the site with grain. The only waste generated by WP is ordinary trash generated in the office building. This trash is disposed of in one of the trash dumpsters on site which are emptied by Waste Management on an as needed basis. Colorado Greenbelt Management Colorado Greenbelt Management (CGM) is a lawn maintenance and snow removal business. CGM leases space in a maintenance shop (structure number 12 on the site plan map) from CSG to store and maintain their lawn maintenance and snow removal equipment. They also use the area directly west of structure 12 as an overnight parking area for 3-4 trucks and trailers and outdoor storage space for some pallets of rock and landscape material. They also have a trash dumpster in this area for disposing of all waste generated by the business. The dumpster is emptied by Waste Management on an as needed basis. CGM employs up to 5 people and the business operates Monday through Friday with their peak operating season between April and October. During this time employees arrive in their personal vehicles about 6:00 am, leave with the company vehicles and equipment, then return at the end of the day so that they can head home by 9:00 pm. During the winter months, CGM does offer snow removal services and so employees may be on site to retrieve snow removal equipment 24 hours a day. With the exception of occasional equipment maintenance, employees of CGM don't occupy the maintenance shop that they lease. NEVCO Services, Inc. NEVCO Services, Inc. (NS) is in the business of collecting and storing used oil and antifreeze in tanks on the CSG property which they then test to certify as burner fuel per state specifications and sell to the asphalt industry as oil for their asphaltic cement tank fire burners. NS leases three used oil/burner fuel tanks on the property (structures 18, 21 and 22), a guard house (structure 19) and a used oil debris drum (structure 20). NS collects and brings oil to the site via tanker truck and rail during the winter months (November through March) and then delivers it to off -site users via tanker truck and rail in the summer (April through October). In the winter, a tanker truck comes to the site to drop off the oil approximately 1-3 times per week and in the summer trucks come to pick up oil approximately 4-5 times per week. NS has two rail cars that they use 2-3 times per month to transport oil to and from the site. The oil is delivered to and from the site Monday through Friday between the hours of 8am and 5pm. The only time NS has employees on the site (1-2 vehicles with up to 3 employees) is when oil is being dropped off or picked up from the site. Records and equipment associated with the facility are stored in the guard house that they lease. The used oil debris drum is used to store the debris that has settled to the bottom of the tanker trucks or rail car. NS has contracts with BFI and CSI to pick up and dispose of this used oil debris. Renewable Fiber Inc. Renewable Fiber Inc. (RF) operates a transfer facility operation for silica sand on the CSG property; they use a scale and scale house (structures 4 and 5) and space on the rail spurs to park the box cars full of silica sand. The silica sand always comes onto the site via rail and leaves the site via truck. Trains come to the site approximately 2-3 times per week to deliver the sand; at any one time RF may have approximately 25 box cars of sand sitting on a rail spur. RF then uses a mobile conveyor belt to transfer the sand from the box cars into trucks for delivery off -site. The business operates Monday through Friday from 7:00 am until 4:00 pm during their non -peak season and until midnight or 1:00 am during their peak operating season. The peak season for RF is August through April. During this peak season, they occasionally operate for half a day on Saturdays and, very rarely, on Sundays. RF employs 2 people on -site (they work out of the 200 square foot scale house) and 6 truck drivers that come and go throughout the day delivering the sand. They own 5 semi -trucks to transport the sand and these trucks are parked overnight on the site in an area just west of their scale and scale house. Approximately 25-30 roundtrips are made by trucks to deliver sand off -site during the non -peak season; this number may increase to 50 trucks per day during the business' peak season. The only waste generated by RF is general office waste and it is disposed of in one of the trash dumpsters on the CSG property which are emptied by Waste Management on an as needed basis. Weld Works, LLC Weld Works, LLC (WW) is a welding business that operates in a 5,664 square foot shop building on the CSG property (structure 6). They have a total of 8 employees and are open Monday through Friday from 7:00 am to 3:30 pm. There is no peak season associated with the business. Employees generally make just one trip in and one trip home in the afternoon at the end of the business day. Every week, the business gets approximately 4 customers and 2 supply trucks coming to the site. WW uses the area on the north side of the building for outdoor storage (for steel), a trash dumpster (for all construction debris and general trash), a recycling dumpster (for scraps of steel), and overnight parking for a couple of the business' trucks (passenger trucks). During the day, all employees park on the east side of the building and delivery trucks pull up to the west side of the building to unload. WW has contracts with Royal Disposal to pick up their trash every other week and with Anderson Salvage to pick up the steel scraps for recycling on an as needed basis. Prior Recent Use Sterling Construction, a gas pipeline company, occupied the site until 2008. While not currently on -site, it was added to current site traffic to better represent historical site uses. Estimates for this user were obtained from the Colorado Sweet Gold owner. Historical site generated traffic was tabulated as shown on Table 1. A review of the information contained on Table 1 yielded the following: 1. The number of daily trips generated by this site is some 290 trips on a normal operating day. 2. The CSG site generates up to some 490 daily trips during the peak season. This level of traffic is expected in October and November and is associated with the corn harvest. 3. During the peak season, operating hours are extended to serve increased demands related to the corn harvest. 4. On an average annualized basis, some 400 - 425 daily site trips are expected from the Colorado Sweet Gold site. PEAK SEASON CONDITIONS ( Others Neg. a ri v Z ti 0 W N ., I* Rounded to nearest 5. Trucks per day E -W Distribution I COT M o to v s m m v Z ti Ln i 0 Ln N O I S . \ b Ln el b i \ b in N H - tn in N # Employees E -W Distribution O N in ti Ln m 03 w a o in 75 D S in r c 6:30AM- 8:00 PM > Z G T 6:00 AM - 9:00 PM 0 _ a Q 8:00 AM 5:00 PM 0 _ Q 7:00 AM - 1:00 AM 'August - Apri Q 8 n I 3:30 PM NORMAL CONDITIONS I N r 0 ti, z 3 Neg. j tla z .-i in co • i Trucks per day E -W Distribution o N N O al m N° LC) Negligible I v a m N 7 O m o o o in 0 0 0 in 8 'l S # Employees E -W Distribution oN el VI * . N * oN . g CO 'toe' A0 6 00 * P.O 0 m 70 Hours 6:30AM- 4:30 PM 6:00 AM - 9:00 PM 8:00AM- 5:00 PM Q n- 8 8 7:00 AM - 3:30 PM Current Total * Sterling Construction (Prior Use) Grand Total* West Plains Co. Colorado Greenbelt Mgmt NEVCO Services Renewable Fiber Inc. Weld Works � E ti. Wild 311E eoz adswv , - t !, N H33.1 tltl131 O -- oao.ti.o�.w.me` i f ,.�. ,,.o r m -) k11 Ps 3 .7O ') S)`g; 0 1 9 p eeci ti V S FACILITY HIPNORTH. RANGE 67 OF COLORADO I b4 a ®. Q Q a4 1 �< b4s$� . Qcp fq. a AMSPR 248 COLORADO SWEET GOLD COLORADO SWEET GOLD A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION S. TOW Ns WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD. STAT 14 t 3 © -V 1 iI a Aso , • I I f: If Ir I$a I { I I ! n J h `E k k ZIT qE P. l ld X.5 114 f arks `f' � s" 04 s, q`} p k G V 9 f h. 4 4 iv R q , z 9 ,/ f � k4 i a c t 3 4 a° y d d 1/ i- I i '/fir' = I I 1 4 LIy , y9� da.� S• - o e aA p % - 5 ry o o D 3 u3 'e w W 0€ d y Ro 3 6 w aoo d y I si zi^u�a w •E'npl]AAgR.9P8.; „p 1 OO.Lb YY� EXISTING STRUCTI r % €k a o w ° 3< m . / qq y t W 9 Y I e 45` 4 a 8is : a3 o x � a g i33 Po - B I / © R 3ai 7 1 1 1 1 1 1 Traffic Impact Study ASPHALTIC CEMENT STORAGE FACILITY LAFARGE WEST Weld County, Colorado Prepared For: TetraTech RMC 1900 S. Sunset, Suite #1 F Longmont, CO 80501 Prepared By: Eugene G. Coppola PE, PTOE P. O. Box 630027 Littleton, CO 80163 303-792-2450 October 31, 2008 Table of Contents I. INTRODUCTION 1 II. AGENCY DISCUSSIONS 3 III CURRENT CONDITIONS 3 A). Current Road Network 3 B). Current Traffic Conditions 4 C). Surrounding Land Uses 4 IV. SITE ASSUMPTIONS 4 V. FUTURE CONDITIONS 9 A). Background Traffic 9 B). Total Traffic 9 C). Roadway System 9 VI. TRAFFIC IMPACTS 15 A). Short Term 15 B). Long Term 17 VII CONCLUSIONS 18 I I I I 1 I I I I I I I I I I I I List of Figures Figure 1 Vicinity Map 2 Figure 2 Current Traffic 5 Figure 3 Concept Plan 7 Figure 4 Short -Term Site Traffic 8 Figure 5 Long -Term Site Traffic 10 Figure 6 Short -Term Background Traffic 11 Figure 7 Long -Term Background Traffic 12 Figure 8 Short -Term Total Traffic 13 Figure 9 Long -Term Total Traffic 14 Figure 10 Short -Term Roadway Geometry 16 I. INTRODUCTION 1 This study addresses the traffic engineering impacts of an asphaltic cement storage facility in Weld County Colorado. It assesses full operation of the facility with particu- lar attention to critical time frames. Anticipated activities include the delivery, storage and distribution of asphaltic cement and related activities. The site will be operated by Lafarge West in support of its batch plants. The storage facility will be located east of Johnstown, Colorado along the south side of State Highway 60 (SH 60). The site is part of the Colorado Sweet Gold property. A vicinity map is presented in Figure 1. Key work tasks undertaken as part of this effort are described below. • Obtain current traffic and roadway data in the immediate area of the site. • Determine site generated traffic and distribute this traffic to the nearby street system. • Estimate traffic volumes for future roadway conditions. • Evaluate traffic operations with the proposed facilities fully operational un- der future conditions. • Identify areas of potential deficiencies. • Recommend measures to mitigate the impact of site generated traffic and other deficiencies as appropriate. O 0 0 N I W J 0 2 U, w VICINITY MAP II. AGENCY DISCUSSIONS 11 I 1 I At the onset of this study, the Colorado Department of Transportation (CDOT) was contacted. Several discussions with Gloria Hice-Idler resulted in the following agreed upon items: • Peak hour analyses should be conducted. • Traffic growth as stated in area planning documents should be used to es- timate future traffic. • The need for site related acceleration and deceleration lanes at the SH 60 access should be fully investigated. These items are used or included in the various sections of this study. III. CURRENT CONDITIONS A). Current Road Network SH 60 is a major east — west roadway extending from 1-25 east to the communities of Johnstown and Milliken and connecting to US 85. The site is located along the south side of SH 60 between the Great Western railroad tracks and the Colorado Sweet Gold buildings. SH 60 is under CDOT control and carries a NRA designation. It has one lane in each direction. The posted speed limit is 35 miles per hour in the immedi- ate area of the proposed site driveway and increases to 55 miles per hour just to the east. 3 B). Current Traffic Conditions Traffic counts were undertaken in conjunction with this study. Traffic was counted on SH 60 for a 24 hour period. Current morning and afternoon peak hour traffic is shown on Figure 2 with count sheets available in Appendix A. C). Surrounding Land Uses The project will be located on vacant ground leased from Colorado Sweet Gold. The site is located between the Colorado Sweet Gold facilities and the baseball field. Johnstown lies directly west of the site with Milliken situated a few miles to the east. The area surrounding the site is best described as the fringe of the urban area. IV. SITE ASSUMPTIONS Lafarge is proposing to build an unmanned asphaltic cement (AC) storage facility with two heated storage tanks. The tanks will be filled from December through April with AC arriving at the site by tanker truck between the hours of 7:00 A.M. and 7:00 P.M. daily, with a maximum of 6 trucks per day. Each truck will take some 30 - 40 minutes to unload. Given time and temperature sensitivities, truck arrivals will be staggered. During the peak one hour period, two to four trucks and one to two employees could be on site at one time. Assuming the high end of the stated ranges, peak hour traffic could consist of up to four inbound and outbound truck trips, and two inbound and outbound employee trips. The indicated trips assume all traffic enters and exits the site during the same hour and reflects days when AC is delivered to the site. On other days, site traffic will be significantly less. On peak days, 15 - 20 site trips will occur; however, 5 — 10 site trips per day are expected on an annualized basis. 4 I I 1 I I I I LEGEND: AM/PM Peak Hour 4— 443/390 423/482 —i SH 60 Figure 2 5 CURRENT TRAFFIC AC will be distributed to the various Lafarge batch plants about five times per month during the peak construction season. 1 1 I 1 1 M I I I While there are no specific plans, two additional tanks may be built on site in the future. With the additional tanks, peak hour site traffic is expected to remain un- changed; however; deliveries will occur over an extended delivery time. Some 12 trucks per day are expected on delivery days with four tanks. An office trailer serving about two employees may also be built on the site. At build out the expanded facility is expected to generate 35 — 40 site trips per day with an annual average of some 15 — 20 site trips per day. Rail service is planned to serve this site in the future. When available, it will greatly reduce the number of site related truck trips. In order to evaluate the worst case scenario, however, no site traffic reductions were assumed in this study. Primary site access will be provided by a single driveway to SH 60, some 1,000 feet east of the Great Western railroad crossing. Traffic will enter and depart the site equally in both directions on SH 60. The AC storage facility is expected to be operational over the next few years and continue in operation for the foreseeable future. A concept plan for the AC storage facility is provided on Figure 3. Peak hour site traffic was estimated for the AC storage facility based on Lafarge's operating strategy. In order to conduct conservative evaluations, most site traffic was compressed into a hypothetical peak hour. This assumed that two-thirds of the daily truck traffic and all of the employee traffic will occur in a single hour in the short-term. It was further assumed that the site peak hour will occur concurrently with the peak hour on SH 60. Short-term peak hour site traffic is shown on Figure 4. A breakdown of trucks, cars and combined trips in passenger car equivalents is provided. 6 I I 1 I I I I HD31 VN131 LL aci o 2z < (o w O w Fah v¢w ag ie a uj <a. O aLLI up U H J 2 0_ db'W 311S NOI1VOIlddtl921d unnrd 3OVdO1S 1N34'0 J11TNdSV CaVeransalit•Ct :DTI tit t I I • 7 I I I I I I I I I 1 I 1 I I 2 MI N N CD a a 4 SH 60 Trucks IC 1 1 N U C) 4 SH 60 Cars 3 (7) 3 (7) SH 60 Total & Passenger Car Equivalents Total (PCEs) LEGEND: Peak Hour 8 Figure 4 SHORT-TERM SITE TRAFFIC I I I I 1 I I I I i 1 I In the long-term, with the two additional storage tanks and a modular office on site, only a modest increase in peak hour site traffic is expected. This is due to the fact that short-term site traffic was very conservative and truck deliveries will be spread out over a longer time. Long-term peak hour site traffic is shown on Figure 5. V. FUTURE CONDITIONS A). Background Traffic Background traffic was developed using straight-line growth based on CDOT's SH 60 EOS and the recently updated Johnstown Transportation Plan. Since traffic growth varies between these documents, the higher growth rate presented in the Johnstown Transportation Plan was used to estimate short- and long-term background traffic. Background peak hour traffic is shown on Figures 6 and 7 for the short-term (2010) and long-term (2028) time frames, respectively. B). Total Traffic Total traffic volumes were developed for each future evaluation year, namely 2010 and 2028. Total traffic is the combination of site and background traffic. This informa- tion is shown on Figure 8 for the short-term and on Figure 9 for the long-term. C). Roadway System Short-term and long-term roadway features were estimated using known or planned improvements along SH 60. At this time, the Johnstown Transportation Plan indicates SH 60 may be widened to four lanes with a center left turn lane before the 2028 9 I I I I f 1 1 1 I I I I I 2 2 SH 60 Trucks j-2 2 SH 60 Cars tr- 4 (8) 4 (8) ry 063 vv SH 60 Total & Passenger Car Equivalents Total (PCEs) LEGEND: Peak Hour 10 Figure 5 LONG-TERM SITE TRAFFIC I I I I 1 I I I I I I a I 1 I 4- 450/400 LEGEND: AM/PM Peak Hour NOTE: Rounded to nearest 5 vehicles. 430/490 -► 11 SH 60 Figure 6 SHORT-TERM BACKGROUND TRAFFIC I I 1 I i I 1 I I I 1 1 I 1 I 4- 540/475 LEGEND: AM/PM Peak Hour NOTE: Rounded to nearest 5 vehicles. 515/590 - 12 SH 60 Figure 7 LONG-TERM BACKGROUND TRAFFIC I I I I I I I I I 1 I I 4— 450/400 3/3 430/490 —P 3/3 LEGEND: AM/PM Peak Hour 13 SH 60 Figure 8 SHORT-TERM TOTAL TRAFFIC I I I I 1 I1 I I I I I I I I 41— 540/475 r 4/4 515/590 —t 4/4 LEGEND: AM/PM Peak Hour 14 SH 60 Figure 9 LONG-TERM TOTAL TRAFFIC I i I I I r I I I I I I I I planning horizon. To be conservative however, SH 60 was retained as a two lane roadway through the long-term. VI. TRAFFIC IMPACTS In order to assess operating conditions with the AC storage facility fully operational, highway capacity analyses were conducted at the site access intersection. Short- and long-term conditions were evaluated. At the onset of these undertakings, peak hour traffic was reviewed at each location to identify the need for new auxiliary lanes or an upgrade in traffic controls. Findings for each time frame are documented in the following sections. A). Short Term A review of peak traffic was conducted to determine the need for auxiliary lanes at the SH 60 — site access intersection. CDOT's State Highway Access Code auxiliary lane criteria for NRA roadways and the existing speed limit were used in this assessment. It was determined that no turn lanes will be warranted at the SH 60 - site access intersection with the AC storage facility fully operational. This results in the short-term roadway geometry shown on Figure 10. Short-term operating conditions were as- sessed using highway capacity analysis procedures. Resultant 2010 levels of service with the AC storage facility operational are shown below. 15 I I I I I I I I I I I I I I i I t 16 V SH 60 Figure 10 SHORT-TERM ROADWAY GEOMETRY 1 I I I 1 I 1 I 1 1 i I 1 I I i 1 SHORT-TERM OPERATIONS WITH AC STORAGE Intersection Control Movement/ Direction Level of Service AM PM SH 60 - Site Access Stop WB LT A A NB LR C C As shown, acceptable operations are expected with the facility fully operational. Capacity worksheets are presented in Appendix B. B). Long Term A review of long term peak hour traffic determined that no turn lanes will be warranted at the site access intersection with the AC storage facility fully operational. Conse- quently, the short-term roadway geometry was retained through the long-term. Long term total peak hour traffic was loaded onto the short-term roadway geometry to reflect conditions in 2028. Resultant operating levels of service are shown below. LONG-TERM OPERATIONS WITH AC STORAGE Intersection Control Movement/ Direction Level of Service AM PM SH 60 - Site Access Stop WB LT A A NB LR C C As indicated above, all intersections will operate acceptably in the long-term. Capac- ity worksheets are available in Appendix C. I 17 t r 1 S I I I I 1 I 1 1 I 1 1 1 VII. CONCLUSIONS Based upon the above documented investigations and analyses, the following can be concluded. • At full operation, this project will generate an insignificant number of site trips. • No auxiliary lanes will be warranted in either the short-term or long-term at the site access to SH 60. • Site trips can be easily accommodated by the existing street system. • Overall level of service 'C' or better is expected for all traffic movements at the site access to SH 60. These levels of service will be maintained from the opening of the AC storage facility through the long-term horizon. • Lafarge's asphaltic cement storage facility is viable from a traffic engineer- ing perspective. In summary, no roadway improvements are necessary to serve this development. This is evidenced by the facts that CDOT criteria does not require any auxiliary lanes at the site access to SH 60 and the site access intersection will operate acceptably for the foreseeable future. 18 I I t I I I I I I I I 1 I I I I I APPENDIX A Cutting Edge A Division of Navjoy Consulting Services, Inc. 1385 S. Colorado Blvd Suite A-707 Denver, CO 80222 Start 14 -Oct -08 Time Tue EB WB 12:00 AM 15 8 01:00 16 6 02:00 3 10 03:00 8 14 04:00 18 43 05:00 63 163 06:00 167 273 07:00 423 443 08:00 265 316 09:00 220 211 10:00 196 209 11:00 238 242 12:00 PM 261 234 01:00 196 213 02:00 315 296 03:00 403 341 04:00 482 364 05:00 449 390 06:00 373 329 07:00 246 201 08:00 186 140 09:00 118 73 10:00 57 39 11:00 25 23 Total 4743 4581 Percent 50.9% 49.1% AM Peak 07:00 07:00 Vol. 423 443 PM Peak 16:00 17:00 Vol. 482 390 Grand 4743 4581 Total Percent 50.9% 49.1% ADT Not Calculated Page 1 Site Code: 1 Station ID: 1 SH 60 8O JOHNSTOWN Latitude: 0' 0.000 Undefined Total 23 22 13 22 61 226 440 866 581 431 405 480 495 409 611 744 846, 839 702 447 326 191 96 48 9324 07:00 866 16:00 846 9324 1 I I I I I I I I I1 I I I I I APPENDIX B wo-Way stop Control rage 1 o] TWO-WAY STOP CONTROL SUMMARY nalyst Agency/Co. ate Performed • nalysis Time Period .f ."ig { e`.k H�y��yg}4 yy�pSyS+%k.ty,ryy'}"'',jy-qO'{g I�i 'A�F hP'�'JJ +tST3 S,6^h'iA�%%'. .fi +l.q �. GC 9/2008 A/1\rM iRCV.,aX�r �a4t� Y A, 4.... .... Intersection Jurisdiction Analysis Year ..'X.�a. SH 60 - AC ACCESS SS LT OTA Project Description ast/West Street: SH 60 North/South Street: ACCESS tersection Orientation: East-West Study Period (hrs): 0.25 ajor Street Eastbound Westbound ovement 1 2 3 4 5 6 L T R L T R olume (veh/h) 0 430 3 3 450 0 'eak-hour factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate (veh/h) 0 430 3 3 450 0 roportion of heavy ehicles, PEN 0 — -- 66 -- Median type Undivided T Channelized? 0 0 anes 0 1 0 0 1 0 Configuration TR LT pstream Signal 0 0 inor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R olume (veh/h) 3 0 3 0 0 0 Peak -hour factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 ourly Flow Rate (veh/h) 3 0 3 0 0 0 roportion of heavy vIIIFehicles, PHv 66 0 66 0 0 0 'ercent grade (%) 0 0 lared approach N N Storage 0 0 T Channelized? 0 0 anes 0 0 0 0 0 0 onfiguration LR tl E:YY'.... ICY® YT�diu'8 -t ).t S"1 4C?t Approach EB WB Northbound Southbound ovement 1 4 7 8 9 10 11 12 ane Configuration LT LR Volume, v (vph) 3 6 apacity, cm (vph) 856 330 v/c ratio 0.00 0.02 Queue length (95%) 0.01 0.06 ontrol Delay (s/veh) 9.2 16.1 LOS A C >s pproach delay (s/veh) — -- 16.1 • pproach LOS -- -- C HCS2000TM Copyright ® 2003 University of Florida, All Rights Reserve I o -Way Stop Control Page 1 o: TWO-WAY STOP CONTROL SUMMARY *a nalyst Agency/Co. ate Performed nalysis Time Period Project Description ast/West Street: SH 60 ntersection Orientation: East-West GC 1029 008 AM Intersection Jurisdiction Analysis Year SH 60 - AC ACCESS LT OTA North/South Street: ACCESS Study Period (hrs): 0.25 ajor Street ovement 1 L 0 Eastbound 2 T 3 R 3 4 L 3 Westbound 5 T 6 R 0 olume (veh/h) eak-hour factor, PHF 1.00 490 1.00 490 1.00 1.00 400 1.00 400 1.00 Hourly Flow Rate (veh/h) roportion of heavy ehicles, PHv 0 0 3 3 66 0 Median type Undivided T Channelized? 0 0 anes 0 1 0 0 1 0 Configuration pstream Signal inor Street Movement TR 0 Northbound LT 0 Southbound 7 8 9 10 11 12 L T R L T R olume (veh/h) Peak -hour factor, PHF 3 1.00 0 1.00 3 1.00 0 1.00 0 1.00 0 1.00 ourly Flow Rate (veh/h) oportion of heavy vehicles, PHv 3 66 0 0 3 66 0 0 0 0 0 0 ercent grade (%) ared approach Storage T Channelized? 0 0 N N 0 0 0 0 anes Configuration Approach 0 Northbound Southbound EB 0 LR WB 0 0 0 0 ovement 1 4 7 8 9 10 11 12 ane Configuration Volume, v (vph) LT LR 3 6 apacity, cm (vph) /c ratio 808 317 0.00 0.02 Queue length (95%) .ontrol Delay (s/veh) 0.01 0.06 LOS 9.5 16.6 A C pproach delay (s/veh) pproach LOS HCS2000TM 16.6 C Copyright O 2003 University of Florida, All Rights Reserved Versii I I I I 1' I I I' I I I I I I APPENDIX C wo-way Stop Control rage I o: TWO-WAY STOP CONTROL SUMMARY Intersection SH 60 - AC ACCESS Jurisdiction Analysis Year S OTAa nalyst GC Agency/Co. Date Performed 10/29/2008 nalysis Time Period ir. Pro'ect Descri.tion ast/West Street: SH 60 North/South Street: ACCESS ntersectionyyOyrriientation:: East-West Stud Period hr s : 0.25,, ... e -. " ip �3 < -., '.3 ` i _ tt• .. :. r_ -. E �t}lsi i "Ye p r 1 5 � 'Bn: aR3k i ' a'or Street Eastbound Westbound ovement 1 2 3 4 5 6 L T R L T R olume veh/h 0 515 4 4 540 0 eak-hour factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate (veh/h) 0 515 4 4 540 0 • roportion of heavy ehicles, PHv 0 -- 66 Median type Undivided 'T Channelized? .anes -- 0 1 0 0 -- 0 1 0 0 Configuration -- TR LT .stream Si.nal 0 -- 0 inor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R olume veh/h 4 0 4 0 0 0 Peak -hour factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 ourly Flow Rate (veh/h) 4 0 4 0 0 0 roportion of heavy vehicles, PHv 66 0 66 0 0 0 ercent grade (%) 0 0 -lared approach N -- N Storage 0 T Channelized? 0 0 anes 0 0 0 0 0 0 Configuration LR 9-( f., 0#....- J9{ . a W 4i! -ii c=&maims „, 41 L J j .lA :s(i¢5Yiii' Ld�ti.&: W'.!%'G� ` _., i'r�._ Northbound a S@. Ri Southbound Approach EB WB ovement 1 4 7 8 9 10 11 12 _ane Configuration LT LR Volume, v (vph) 4 8 -- apacity, cm (vph) 788 264 /c ratio 0.01 0.03 Queue length (95%) 0.02 0.09 ontrol Delay (s/veh) 9.6 19.1 LOS A C pproach delay (s/veh) -- -- 19.1 • pproach LOS - -- C HCS2000TM Copyright C 2003 University of Florida, All Rights Reserved ersi Yage 1 O W u- vv ay Ottlp lAIIIL1l/1 TWO-WAY STOP CONTROL SUMMARY w ` Sz 1f..� � R w 5; At e2.)4-';,il ai! nalyst GC Agency/Co. ate Performed 10/2008 nalysis Time Period AM Intersection SH 60 - AC ACCESS Jurisdiction Analysis Year ST ' T 't OTA• Project Description ast/West Street: SH 60 North/South Street: ACCESS intersection Orientation: East-West Study Period (hrs): 0.25 ajor Street Eastbound Westbound ovement 1 2 3 4 5 6 L T R L T R olume (veh/h) 0 590 4 4 475 0 eak-hour factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate (veh/h) 0 590 4 4 475 0 roportion of heavy ehicles, PHv 0 -- -- 66 Median type Undivided T Channelized? 0 0 _anes 0 1 0 0 1 0 Configuration TR LT pstream Signal 0 0 Southbound inor Street Northbound Movement 7 8 9 10 11 12 L T R L T R plume (veh/h) 4 0 4 0 0 0 Peak -hour factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 ourly Flow Rate (veh/h) 4 0 4 0 0 0 • roportion of heavy vehicles, Pm/•ercent 66 0 66 0 0 0 grade (%) 0 0 tared approach N N Storage 0 0 T Channelized? 0 0 anes 0 0 0 0 0 0 onfiguration LR -at=r,c n .,fix a s " ��.y'•' I{ zm x' v " „ . Approach EB WB Northbound Southbound ovement 1 4 7 8 9 10 11 12 ane Configuration LT LR Volume, v (vph) 4 8 apacity, cm (vph) 733 253 /c ratio 0.01 0.03 *ueue length (95%) 0.02 0.10 ontrol Delay (s/veh) 9.9 19.7 LOS A C pproach delay (s/veh) -- -- 19.7 Approach LOS -- -- C HCS2000TM Copyright O 2003 University of Florida, All Rights Reserved Versi MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is made and entered into effective the 1st day of June, 2009, by and between COLORADO SWEET GOLD, LLC, a Colorado limited liability company, hereinafter referred to as "the Lessor," and LAFARGE WEST, INC., a Delaware corporation, hereinafter referred to as "the Lessee." The Lessor and the Lessee for good and valuable consideration entered into a Lease Agreement with an effective date of June 1, 2009, hereinafter referred to as "the Lease," and the Lease in Section 43 provides that if either of the parties wishes to record evidence of the Lease, they may do so by recording a Memorandum of Agreement in the county of Weld, Colorado, by reference to the Lease, the description of the lease premises and such other information as deemed appropriate. Now therefore, the Lessor and the Lessee state and agree as follows: 1. Lease Premises. As used in the Lease, and as used herein, the Leased Premises and the Option Lease Premises shall mean the real property described on Exhibit A-1 and A-2 of the Lease, attached hereto and incorporated herein by reference and referred to herein, both the Leased Premises and the Option Lease Premises, as "the Lease and Option Lease Premises." 2. Access to Highway 60. The Lease provides that the Lessee is leased by the Lessor an appurtenant access road easement from the Lease and Option Lease Premises to Colorado State Highway 60, as more fully described on Exhibit "B" attached hereto and incorporated herein by reference "Access Road Easement." 3. Term. The Term of the Lease is twenty-two (22) years, primary and option terms, and a right to purchase under contingencies set forth in the Lease. 4. Safe -Keeping. A fully executed copy of the Lease is held in safe -keeping by the Lessor and the Lessee and may be examined upon reasonable request and execution and delivery of a confidentiality agreement to Lessor and Lessee, which request shall not be unreasonably withheld. 5. Incorporation of Lease. This Memorandum of Agreement incorporates the Lease with an effective date of June 1, 2009, between Lessor and Lessee by reference as fully as if it were set forth herein verbatim. The preamble to this Memorandum of Agreement is incorporated herein. 6. Execution in Counterparts. This Memorandum of Agreement may be signed in counterparts by the Lessor and the Lessee and when signed by both and the signature pages attached, this shall constitute one agreement. att d, Winslow LLC Attorneys At Law 222 West Magnolia Street aA M19. This Memorandum of Agreement is binding upon the Lessor and Lessee, their successors and assigns, to the same extent and degree as the Lease. LESSOR: COLORADO SWEET GOLD, LLC, a Colorado limited liability company By: A.L. GILBERT COMPANY, a California Corporation, Member/Manager By Y avid S Gil' ert, Presid: t LESSEE: LAFARGE WEST, INC., a Delaware corporation By (See attached California All -Purpose Acknowledgment for David S. Gilbert signature) STATE OF ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of July, 2009, by , as of Lafarge West, Inc., a Delaware corporation. Witness my hand and official seal. My commission expires: Notary Public Title or Type of Document: Document Date: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT : .G'OaG`rw'.fo`P- . t a a• -</;•• a• - S State of California County of V%AMSLgOS On 4 August 2oo, before me, Date personally appeared M1c4AE. t. b. ScHomioWF Newly Ria sc., Here Insert Name and Title of the Officer DAvin S. (in -SERI Name(s) of Signer(s) •MICHAEL D. SCHONHOFF c r?.1 COMM. #1699108 m Notify PotOIbraNfog — ` L mecum COUNTY otr Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(af whose name4s5 islaro•subscribed to the within instrument and acknowledged to me that hoishe/they executed the same in his/her/tM.,I, authorized capacity(iee%, and that by hisTer{iheirsignature.(s)'on the instrument the person(a)' or the entity upon behalf of which the persons?). acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS i my d o ial s al. - Signature `,�`/ryY�--d OPTIONAL _ Siggat o ota Pu Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document AEMoRAND0M I -,71)46 209 Signer(s) Other Than Named Above: NONE. Capacity(ies) Claimed by Signer(s) Signer's Name: SAME• ❑ Individual t? Corporate Officer — Title(s): ?a es Del o ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THU OF SIC Top of thumb here BPRINT ER OF A00CELMEN r Number of Pages 21414P Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHT THUI OF SIG Top of thumb here PRINT R 02037 National Notary Association • 9350 De Solo Ave., PO. Box 2402 •Chat Oh, CA 91313.2402•iwiw.NalionalNotaryorg Item 05907 Reorder.Call Toll -Free 1400.876-6827 This Memorandum of Agreement is binding upon the Lessor and Lessee, their successors and assigns, to the same extent and degree as the Lease. LESSOR: COLORADO SWEET GOLD, LLC, a Colorado limited liability company By: A.L. GILBERT COMPANY, a California Corporation, Member/Manager By David S. Gilbert, President LESSEE: LAFARGE WEST, INC., a Delaware corporation By v.V /Gz vri4n/ Judi Q_i%yi was i�/500AaNN/ ea vG (See attached California All -Purpose Acknowledgment for David S. Gilbert signat re) STATE OF 0.o62.tQ( ) ) ss. COUNTY OF,\AcFe1SOn ) The foregoing instrument was acknowledged before me thisda day of July, 2009, by c5► -Uen3+ "Pp_-rso*A , as \j 9 /&eciamkl, (Ybherof Lafarge West, Inc., a Delaware corporation. ��Jl Witness my hand and official seal. My commission expires TETRA TECH EXHIBIT A-1 LEGAL DESCRIPTION: AN 8.000 ACRE PARCEL LOCATED IN THE NORTH HALF OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER. SAID SECTION 9 WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS SOUTH 89°09'47" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS LEGAL. DESCRIPTION; THENCE ALONG THE NORTH LINE OF SAID SLC:T'ION 9 SOUTH 89°09'47" EAST 1957.72 FEET; THENCE SOUTH 00°50'13" WEST 530.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°09'47" EAST 633.60 FEET; THENCE SOUTH 0()°50'13" WEST 550.0() FEET; THENCE NORTH 89"09'47" WEST 633.60 FEET; THENCE NORTH 00°50'13" EAST 550.00 FEET TO THE POINT OF BEGINNING, CONTAINING 8.000 ACRES MORE OR LESS. o1/4,...t1, ?jt 400 011 .j FOR �� ' . BL • [ 'TRA TECH, INC. BY: LE d 1bL. ACOS1'%. �? COLOR.A S; I.i) .t.N>?'('.\1)':Curvtti IAiI.' ( A( RI: Icg:ai ilocra>tiao DA'Z'E 1'•q.4 1 °I' 2 EXHIBIT A-1 A PORTION OF THE NORTH HALF OF SECTION 9, TOWNSI-IP 4 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO 0 Lai O POINT OF COMMENCEMENT NW COR., SEC 9 T4N, R67W, 6TH P.M. � n S89°09'47"E BASIS OF BEARINGS S89°09'47"E HIGHWAY 60 (ASPHALT) NE COR., SEC 9 T4N, R67W, 6TH P.M. 4- r - o POINT OF BEGINNING 0 0 P:\133-23511-08-007\CAD\Survey\Dwg\SWEET GOLD SITE w C.) 0 0 0 z 1,0 S89°09'47"E 633.60' TANK SITE 348480 S.F. 8.000 AC. COLORADO SWEET GOLD REC. NO. 2672117 N89°09'47"W 633.60' COLORADO SWEET GOLD REC. NO. 2672117 PAGE 2 OF 2 O TETRA TECH www.tetratech.com 1900 5 SUNSET STREET, SUITE 1-F LONGMONT, COLORADO 80501 PHONE: 303-772.5282 FAX: 303-772-7039 Drawing Description A.C. TANK FACILITY PARCEL LAFARGE WEST, INC. Project No.: 133-23511-08007 Date: NOV. 6, 2008 Designed By: LA 2OF2 of Copyright: Tetra Tech D TETRA TECH LEGAL DESCRIPTION: EXHIBIT A-2 A 2.000 ACRE PARCEL LOCATED IN THE NORTH HALF OF SECTION 9, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 9 WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS SOUTH 89°09'47" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION; THENCE ALONG THE NORTH LINE OF SAID SECTION 9 SOUTH 89°09'47" EAST 1957.72 FEET; THENCE SOUTH 00°50'13" WEST 392.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°09'47" EAST 633.60 FEET; THENCE SOUTH 00°50'13" WEST 137.50 FEET; THENCE NORTH 89°09'47" WEST 633.60 FEET; THENCE NORTH 00°50'13" EAST 137.50 FEET TO THE POINT OF BEGINNING, CONTAINING 2.000 ACRES MORE OR LESS. FOR BY: LER COLORAD TECH, INC. DATE /2,200e 1900 S. Sunset Street, SuLte I -F Longmont. CO 80501 Tel 303 772.5282 Fax 303 772 7039 w..wtet,atech com P.\133-23511-08-007\ CAD\Survey\Data\2 ACRE legal description rev.doc Page 1 of 2 EXHIBIT A-2 A PORTION OF THE NORTH HALF CF SECTION 9, TOWNSHIP 4 NORTH, RANGE 67 WEST CF THE 6TH PRINCPAL MERDIAN COUNTY OF WELD, STATE OF COLORADO 0 Co 0 LU Y W Z LU an 0 C N 0 O 0 N III POINT OF COMMENCEMENT NW COR., SEC 9 T4N, R67W, 6TH P.M. BASIS OF BEARINGS 889°09'47"E NE COR., SEC 9 T4N, R67W, 6TH P.M. S89°09'47"E STATE HIGHWAY 60 O SiO Cl, POINT OF b BEGINNING\ b 0 COLORADO SWEET GOLD REC. NO. 2672117 w C') 0 to O 2 COLORADO SWE GOLD REC. NO. 26721 S89°09'47"E 633.60' O h; co 87118 S.F. 2.000 AC. N89°09'47"W 633.60' COLORADO SWEET GOLD REC. NO. 2672117 0 100' 200' 400' - U O COLORADO SWEET GOLD REC. NO. 2672117 TETRA TECH www.tetratech.mm 1900 S. SUNSET STREET, SUITE 1-F LONGMONT. COLORADO 80501 PHONE: 303-7725282 FAX 303-772-7039 Drawing Description A.C. TANK FACILITY PARCEL LAFARGE WEST, INC. Project No.: 133-23511-08007 Date: NOV. 6, 2008 Designed By: LA 2OF2 Copyright: Tetra Tech RAN PROPOSED SITE ACCESS A>. 's, s III j // c7 O 0- A 0 0 N CO n' LL 0 75' 150' N09.0947 W 633 f0' L 300' D IRRIAiuv+n€ MATt Rt.tt.7tIR7...t CONSTRUCTED) Q to m \, 580.09'a7•E 833.6a P —I) :flaon.tw t 1214 W S •C TETRA TECH tetratech.com 1900 S. Sunset Street, Ste. 1-F Longmont. Colorado 8O5O1 PHONE: (303) 772-5282 FAX: (303) 772-7039 Drawing Description EXHIBIT "B" AC TANK ACCESS EXHIBIT LAFARGE WEST, INC. Project No.: 133-23511-08-007 Date: 7-31-09 Designed By: Drawing No. B Copyright: Tetra Tech Lafarge West, Inc. Asphaltic Cement Storage Facility Waste Management Plan There will be no waste generated from this site other than typical waste generated by truck drivers and employees such as bottles, paper wrappers, etc. A dumpster will be located at the site and will be serviced by a local waste management company. No permanent disposal of wastes shall be permitted at this site. All liquid and solid wastes will be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. All potentially hazardous chemicals will be stored and handled in a safe manner in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. Dec 09 08 12:07p Dennis Trego 970 587 6524 p.1 December 5, 2008 Ms. Anne Johnson Lafarge West, Inc. Dear Anne: The ditch for delivery of the Consolidated Hillsboro Ditch Water on the Colorado Sweet Gold property is a private ditch owned by Colorado Sweet Gold. Colorado Sweet Gold agrees to allow Lafarge to discharge their stormwater into the ditch and Lafarge will obtain a stormwater permit to discharge stormwater from the leased premises into the ditch leading to the river. cerely, / Dennis Trego CSG Sit Manager 8714 State Highway 60 • P.O. Box 628 • Johnstown, CO 80534 970-587-5131 • FAX 970-587-ft536 • • Downtown Office Bill Wyatt - of Counsel 222 West Magnolia Street Fort Collins, CO 80521 Direct: 970-482-0703 Fax: 970-484-1170 E-mail: wyattlaw@qwest.net 484-1115 wyattwinslow@wyattwinslowlaw.com Ms. Anne Johnson Lafarge West, Inc. WYATT & WINSLOW, LLC Attorneys At Law November 10, 2008 Via Email E-mail: South Office David R. Wyatt Walter A. Winslow 4703 Boardwalk, Ste. B3 Fort Collins, CO 80525 Firm Telephone: 970-484-1112 Fax: 970 - Re: Underground Pipe for Delivery of The Consolidated Hillsboro Ditch Co. Water Dear Anne: Dennis Trego, site manager for Colorado Sweet Gold, LLC, requested that I, as general counsel for CSG, advise you as to the status of the above -referenced underground irrigation pipe. This pipe runs through the property being leased to Lafarge. Mr. Frank Mayfield and Dennis Trego have examined the property and the location of the underground pipe. CSG agrees that the pipe may be relocated in the event it interferes with construction and operations on the leased premises. It is our understanding that in the event the pipe is relocated the expense of relocation will be borne by Lafarge. Lafarge may coordinate the timing and physical aspects of the relocation with Dennis Trego. gss cc: Dennis Trego (via email) David Gilbert (via email) Thomas Potter, Esq. (via email) Sincerely, gAIL w jatt Bill Wyatt PRELIMINARY DRAINAGE REPORT FOR ASPHALTIC CEMENT STORAGE FACILITY WELD COUNTY, COLORADO Prepared for: LAFARGE NORTH AMERICA 11409 Business Park Circle Firestone, CO 80504 Prepared by: TETRA TECH 1900 South Sunset, Suite 1-F Longmont, Colorado 80501 Tetra Tech Job No. 133-23511-08-007 November 12, 2008 TETRA TECH • • • • • • • • • • • • • • • • • • • TETRA TECH November 12 2008 Mr. David Bauer, P.E. Senior Engineer Weld County — Public Works 1111 H Street Greeley, CO 80632 Re: Preliminary Drainage Report for Asphaltic Cement Storage Facility Dear Mr. Bauer: On behalf of LaFarge North America, we are submitting the enclosed Preliminary Drainage Report for Asphaltic Cement Facility. The proposed development includes construction of an asphaltic cement facility, paved area for truck access, storage tanks, emergency spill confinement berms and stormwater onsite detention. The enclosed report provides information on the historic site drainage and the developed drainage design for the proposed facility. If there are any questions or comments concerning this report, please feel free to contact us. Sincerely, TETRA TECH Steve E. Sciscione, E.I.T. Design Engineer 6 ea Cameron Fowlkes, P.E., LEED®AP Project Manager • P:\133-23511-08-007\Deliverables\Reports\Preliminary Drainage\Drainage Report.doc • • • • • • • • • • • • • • • • • • • • • • • • • • Kb' TETRA TECH ENGINEER'S CERTIFICATION I hereby certify that this Preliminary Drainage Report for Asphaltic Cement Storage Facility was prepared under my direct supervision in accordance with the provisions of the Weld County Code and the Urban Storm Drainage Criteria Manual, and was designed to comply with the provisions thereof. Cameron F Registered P State of Colora Cr • • • I• • • • • • • • • • • • • • • • • • • • • • • • • • • • • TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 INTENT 1 3.0 ANALYSIS AND DESIGN CRITERIA 1 4.0 EXISTING SITE TOPOGRAPHY AND DRAINAGE FLOW PATTERNS 2 5.0 DEVELOPED DRAINAGE CHARACTERISTICS 2 6.0 WATER QUALITY 3 7.0 OFFSITE FLOWS 3 8.0 CONCLUSION 3 9.0 REFERENCES 4 List of Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Vicinity Map Site Properties Historic Runoff Calculations Developed Runoff Calculations Detention Pond Sizing Culvert/Riprap Sizing List ofDrawinss Historic Drainage Plan Back Pocket Developed Drainage Plan Back Pocket i • S• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • PRELIMINARY DRAINAGE REPORT ASPHALTIC CEMENT STORAGE FACILITY WELD COUNTY, COLORADO 1.0 INTRODUCTION The proposed Asphaltic Cement (AC) Storage Facility site is located in the North half of Section 9, Township 4 North, Range 67 West of the 6th Principal Meridian, Weld County, State of Colorado. (For the site location information please refer to the Vicinity Map in Appendix A). The site is 8.0 acres, and is located north of Weld County Road 46 'A, west of Weld County Road 19, East of Weld County Road 17, and south of State Highway 60. The site's nearest major drainage way is the Little Thompson River, approximately 850 feet south of the site. LaFarge North America wants to meet the nation-wide increase in demand of asphaltic cement. The facility will provide important additional storage space to ensure the company's operations are not interrupted. The property will be leased from Colorado Sweet Gold for the purpose of housing up to two asphaltic cement storage tanks with the option to add an additional two tanks in the future as market conditions indicate the need. 2.0 INTENT The intent of this report is to provide the preliminary drainage design for the proposed AC Storage Facility. The enclosed design reviews the historic and developed stormwater runoff patterns for both off -site and on -site flows. Stormwater management will be addressed with a proposed detention pond that will include a water quality capture volume and an outlet structure. 3.0 ANALYSIS AND DESIGN CRITERIA This report was prepared in compliance with the Urban Storm Drain Criteria Manual (USDCM). The Criteria was followed in accordance with Weld County Code and Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3. Rainfall data for each design storm was obtained from the NOAA Atlas 2. (NOAA Atlas Maps and IDF Curve Table are located in Appendix B.) The minor storm was calculated for the 5 -year storm frequency; the major storm was calculated for the 100 -year frequency. The Rational Method was used in the calculations for stormwater runoff. Runoff coefficients (C), applied in the Rational Method, were weighted based on the historic and planned land use. Detention Pond Sizing: The required detention pond volume and the pond outlet structure were evaluated using the Urban Drainage UD-Detention spreadsheet. The detention pond is designed to detain the 100 -year storm and release flows at the 5 -year historic rate. (Please refer to the calculations provided in Appendix E and the Drainage Plan in the back of this report) 1 • • • • • • • • • • • • • • • • • • • • Culvert Sizing: The detention pond outfall has been sized using the Manning's Equation. A roughness coefficient (n) of 0.013 was used for concrete pipe. Culvert sizing calculations are shown in Appendix E. (Please refer to the calculations provided in Appendix F.) 4.0 EXISTING SITE TOPOGRAPHY AND DRAINAGE FLOW PATTERNS Prior to development of the AC storage facility consists of sparse vegetation. According to the "Geotechnical Subsurface Exploration Report," a settling lagoon previously existed on the site, but has since been backfilled in after abandonment. Historically, the site divides naturally into two drainage basins. Basin HI consists of the southwest portion of the site, the majority is located south of an existing irrigation pipe that runs through the property. This basin currently drains south and west toward to Little Thompson River. Basin H2 consists of the north eastern corner of the site. This basin currently drains northeast off the site. The irrigation pipe, running through the site from northwest to southeast, outfalls into an existing irrigation ditch at the southeast corner of the site. The irrigation ditch runs south and east to the Little Thompson River, and its direction of flow is controlled by a concrete diversion structure. According to the United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Soil Survey of Weld County, Colorado the site soils belong to Hydraulic Soil Group B. Kim is the predominant soil type on the site. (Please refer to the Soil Map provided in Appendix B for the soil type reference.) Historic runoff coefficients were interpolated for the site soil type, using 2% imperviousness for historical flows. The site rainfall depth information was obtained using the Rainfall Depth - Duration -Frequency charts provided by the Drainage Criteria Manual (VI Ch. 4 Rainfall). (Please refer to Appendix B for the site properties calculations and Rainfall Depth maps.) Using the obtained rainfall depth information and soil map average, site runoff coefficients were found. Historic runoff coefficients of the site are C5 = 0.09, and C100= 0.36. Historic site runoff for Basin H1 was calculated to be 1.01 cfs in a 5 -year storm and 7.65 cfs in a 100 -year storm. Historic site runoff for Basin H2 was calculated to be 0.32 cfs in a 5 -year storm and 2.40 cfs in a 100 -year storm. (Historic flow calculations are shown in Appendix C. Please refer to Historic Drainage Plan in the back of this report.) 5.0 DEVELOPED DRAINAGE CHARACTERISTICS Approximately 4.0 AC (50%) of the entire site will be developed. The site will initially include two asphaltic cement storage tanks, a paved area for truck access, and minimal parking. The proposed site was graded to drain from the southwest to the northeast, which follows the historic flow patterns. The site has been subdivided into two proposed drainage basins. Basin Al includes all areas of the property that will be developed. This Basin is graded to drain all of the storm runoff into the detention pond, which will release at the 5-yr historical release rate. With a release rate of 1.01 cfs, the required detention volume is 1.25 Acre*ft plus one foot of freeboard. Basin A2 will not be developed; hence, it will maintain its historical flow pattern, and sheet flow off the site. (Developed flow calculations are shown in Appendix D. Please refer to Developed Drainage Map for discussions in this section.) 2 • • • • • • • • • • • • • • • • • • • • From the detention pond, storm drainage will be released through a 12 inch concrete outfall pipe. An orifice plate located over the outlet pipe will ensure the release rate out of the pond to be no greater than 1.01 cfs. These flows will be released into an existing irrigation ditch at the southeast corner of the site. The detention pond and the outlet sizing for the pond were sized using the Urban Drainage UD-Detention spreadsheet. (Please refer to Appendix E for UD- Detention spreadsheet input and output information.) The irrigation pipe running northwest to southeast through the site will remain in it's current location. As part of future construction, the irrigation pipe may have to be rerouted through the site as to not interfere with future AC tank facilities. 6.0 WATER QUALITY The proposed water quality feature for the AC Storage Facility is a water quality capture volume and outlet structure located in the bottom of the detention pond. The water quality volume was sized in accordance with the Urban Storm Drainage Criteria Manual, and the water quality feature was designed to handle the runoff from the whole developed portion of the site. The entire site's developed runoff flows are designed to go through the water quality feature located in the bottom of the detention pond. The required site water quality capture volume is 0.18 Acre*ft. Per Urban Storm Drainage Standards 120% of the water quality volume will be provided for the site. The proposed water quality volume drain time is 40 hours. A plate with water quality perforations will be used as a water quality orifice for the pond. (Please refer to Appendix E for Pond Water Quality calculations.) 7.0 OFFSITE FLOWS The northeastern portion of the proposed site is located along the crest of a hill and therefore no offsite flows affect the site. (Please refer to Historic Drainage Map for discussions in this section.) 8.0 CONCLUSION This report was prepared in compliance with Weld County Code and the Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3. In conclusion, the proposed drainage system for the AC Storage Facility will detain the developed 100 -Year runoff and release not more than the 5 -Year historic flow rate for the site, thus the drainage will not adversely affect the existing drainage patterns of the site and areas surrounding the site. A copy of the Drainage Plan and drainage calculations follows for your review. 3 9.0 REFERENCES 1. NOAA Atlas 2, Precipitation -Frequency Atlas of the Western United States, Volume 111 -Colorado, U.S. Department of Commerce, 1973. 2. Weld County Code, Weld County, Colorado, September 6, 2008. 3. Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2, and 3, Weld County Public Works Department, October 2006. • • • • • • • • • • • • • 4. United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station, Soil Survey of Weld County, Colorado, Southern Part, September 1980. 5. Urban Drainage and Flood Control District, Urban Storm Drainage Criteria Manual, Volume 1-3, June 2001. • • • 4 • • APPENDIX A VICINITY MAP Monday, November 10, 2008 10:23:39 AM DRAWING: P:\133-23511-08-007\CAD\SheetFiles\C1-Developed Drainage Plan .DWG LAYOUT: LAYOUT2 USER NAME: LAURA WEATHERL 0 1000' 2000' 4000' TETRA TECH www.tetatech.com 1900 S. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX (303) 772-7039 Drawing Description ASPHALTIC CEMENT STORAGE FACILITY LAFARGE WEST, INC WELD, COUNTY, COLORADO Project No.: 133-23511-08-007 Date: OCT. 10, 2008 Designed By: CF Drawing No. V1 Copyright: Tetra Tech S• S S • S S S S S• • • • • S S S S S S• • • APPENDIX B SITE PROPERTIES S• • • • • • • S• S• z 0 z 0 0 104°55.000' W 104°55.000' W JS6s Map TOPOI map printed on 10/30/08 from "Coloredo.tpo" end "Untltled.tpg" 104°54.000' W 104°55.000' W SW, 004°54.000' W .5 O E0Dit" 9 PSMeeanTOPOI O2000 WIYO°.°rPnercli°M frvfl°p°°°W 104°53.000' W I Litt 500 MO Motel WGS84104°52.000' W WGS84 104°52.000' W 0 z 0 8 I • • • • • • • • • • • • • • • • • • • • 14, 15, 16, 17---- • Colby • 18*: Colby • Adena • 19, 20 Colombo • 21, 22 • Dacono • 23, 24 Fort Collins • 25, 26 • Haver son 132 SOIL SURVEY TABLE 14. --SOIL AND WATER FEATURES [Absence of an entry indicatesthe feature is not a concern. See text for descriptions of symbols and such terms- as "rare," "brief," and "perched." The symbol < means less than;- > means -greater than] - Soil name and map symbol 1, 2 Altvan 3*: Aquolls Aquents 4*: Aquolls A quepts 5, 6, 7, 8, 9 Ascalon 10 Bankard 11, 12 Bresser 13 Cascajo 27, 28 • H eldt • 29, 30 Julesburg • 31, 32, 33, 34 ▪ Kim • 3Lou5*: p • Boel • 36*: • Midway • • • • • Hydro- logic group Flooding Frequency Duration ;Months B None D D D D B A B A B B C B C B B C A B D ;Apr-Jun;0.5-1.0 ;Apr -Jun 0.5-1.0 Frequent ----;Brief Frequent ----;Brief Frequent ----(Brie£ i Frequent---- Brief None -- Frequent---- None None None None None Rare None None to rare Rare to common. None None None Rare to common. A Occasional D None See footnote at end of table. Brief Brief Brief Brief High water table ; Bedrock i Depth ; Kind ;Months IDepth;Hard- I ness In Apparent Apparent ;Apr -Jun 0.5-1.5iApparent ;Apr -Jun; 0.5-1.5; Apparent ; >6.0 ; Mar -Jun; >6.0 >6.0 >6.0 >6.0 May -Sep Mar -Jun Mar -Jun >6.0 >6.0 >6.0 >6.0 >6.0 >6.0 >6.0 >6.0 >6.0 Apparent Apparent Apr -Jun Apr -Jun Apr -Jun Apr -Jun Nov -May ov-May >60 >60 >60 >60 >60 >60 >60 >60 >60 >60 I --- >60 >60 >60 >60 >60 >60 >60 >60 >60 >60 >60 10-20 Potential frost action Moderate. High. High. ;High. High. Moderate. Low. Moderate. Low. Low. ;Low. ;Low, ;Moderate. ;Low. Low. Low. Low. Moderate. Low. ;Moderate. Moderate. Rip- Low. pable; • TETRATECH Client: La -fa rge Description: One- Aw - AC cfora e.. ;61i4 -k ruvn4 ii de phi P1. • Professional Engineers • Job No • (33'23511 -OB-eoa Sheet I of Designed By: SEC Date' Checked By: cr Dale - A4fgs Z Vet' Pie firon iy es (o NR Ave or 6lbws • de ihs a re as flaws • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • p i�C cement<star Project: t-2lFSrge Enter the elevation at the center of the watershed: 1. Rainfall Depth -Duration -Frequency Table Enter the 6 -hour and 24 -hour rainfall depths from the NOAA Atlas 2 Volume III in rightmost blue columns Return Period Rainfall Depth in Inches at Time Duration 5 -min 10 -min 15 -min 30 -min 1 -hr 2 -hr 3 -hr 6 -hr 24 -hr (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) output output output output output output output input input 2-yr 0.28 0.44 0.55 0.76 0.97 1.11 1.21 ":t≥€> 8't:€;ilaSIVIIII 5-yr 0.39 0.61 0.77 1.07 1.35 1.54 1.69 iiiiii:a9.1Ziiii.I:(`c242tit 10-yr 0.46 0.72 0.91 1.26 1.60 1.80 1.96 `<2 %%;'w296'a 25-yr 0.56 0.86 1.09 1.51 1.91 2.18 2.38 >% 2 ? ij ≥3 e(W 50-yr 0.64 1.00 1.26 1.75 2.21 2.48 2.66 `( 3fi <% ?=4ty',!t," 100-yr 0.72 1.12 1.42 1.97 2.49 2.73 2.91 3 " ,. 4.S3;;: Elev = 4;E $ 1 (input) Note: Refer to NOAA Atlas 2 Volume Ill isopluvial maps for 6 -hr and 24 -hr rainfall depths. 2. Rainfall Intensity -Duration -Frequency Table Return Period Rainfall Intensity in Inches Per Hour at Time Duration 5 -min 10 -min 15 -min 30 -min 1 -hr 2 -hr 3 -hr 6 -hr 24 -hr (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) output output output output output output output output output 2-yr 3.37 2.61 2.21 1.53 0.97 0.55 0.40 0.23 0.08 5-yr 4.69 3.64 3.07 2.13 1.35 0.77 0.56 0.32 0.10 10-yr 5.56 4.32 3.64 2.53 1.60 0.90 0.65 0.37 0.12 25-yr 6.66 5.17 4.36 3.02 1.91 1.09 0.79 0.45 0.15 50-yr 7.70 5.97 5.04 3.49 2.21 1.24 0.89 0.50 0.17 100-yr 8.67 6.73 5.68 3.94 2.49 1.37 0.97 0.53 0.19 LaFarge-RainZone.xls, Z-1 10/29/2008, 3:27 PM • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Rainfall Depth in Inches 3.00 2.50 2.00 1.50 1.00 0.50 0.00 One -Hour Rainfall Depth Design Chart 2.49 2.21 • 1.91 • 1.60 41, 1.35 0.97 • 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr Return Period LaFarge-RainZone.xls, Z-1 10/29/2008, 3:27 PM , ...=09 .. 107. - ,_ • • • • • • • • claim -• 1,7 0 ;)1J S • 108'- 107 12 11 3: i c: If....ls ATw a; vane cot?" ew N• W .min NmMS.n SNGenmNWi.5RNi. EryYm' NtiA/oo • vne«:ae u.s osnximeaf.V4 k M 104 203 -'107 Nom az ISOINEMA S OF: SYWG4IR'PRECIart¢TION IN ..' TENTHS OF AN INCH 1• _ 0b 105 - - 104 • - 103'- - JO • • • r.; • • • • • • • I ( O • • • • • p 57Th;; • • • • • • Paz • (7 (;r 5thf,. c-hn 'n = 3. oo • • • • • • • Jr 5.1)1(1. S7arn, _ . /S • • • • • • •• /0.9 „' ,>,A 3.20 • • • • • I • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • APPENDIX C HISTORIC RUNOFF CALCULATIONS • • • • • • • • • • • • • • • PRELIMINARY DRAINAGE REPORT FOR ASPHALTIC CEMENT STORAGE FACILITY WELD COUNTY, COLORADO HISTORIC DRAINAGE BASIN ANALYSIS Historic stormwater runoff for the proposed development was calculated using two drainage basins, Basin H1 and Basin H2. Historic drainage basins were evaluated using USGS topography and AutoCAD software. (Please refer to the Historic Drainage Plan included in the back pocket of this report for historic drainage basins.) Historic stormwater runoff rates for the 5 -year and 100 -year storm events were calculated. All calculations were prepared in accordance with Urban Storm Drainage Criteria Manual. Design Storms: Runoff Quantities: Soil Conditions: Runoff Coefficients: Overland Flow Length: Time of Concentration: Minor Storm: 5 - year event Major Storm: 100 - year event Historic basins were less than 160 acres; therefore, stormwater runoff rates were calculated using the Rational Method. Kim loam is the predominant soil types at the site. This soil is classified as NRCS Hydrologic Soil Group B. The percent imperviousness was determined from Table RO-3 of the Urban Drainage and Flood Control District Drainage Criteria Manual. The runoff coefficient was then interpolated from table RO-5 for Type B NRCS Hydrologic Soils Group. Copies of Tables RO-3 and RO-5 are included in this section of the report. Flow length, L, was considered to be the furthest distance from the know discharge point to the upstream end of the basin. The time of concentration for the historic basins was calculated using equation RO-2. Calculations and Urban Storm Drainage References are included in this section of the report. Calculations of historic site flows are included in this Appendix. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • O O r O c in C C 0) ca N C R N O R N N u c E LL Y E E U O Q u. W C Q • m O ▪ v a H R co U < 0 w C a = r • ;) LL Q J m 2 N m 0 N E C y m 5.0 O (O I- N N O CO r O O N W CO (O (.0 CO CO 00 MO) OO 00 O O OO N N N C] O O1 CO r _ • N_ 0 0 N CO CO 0 0 0 O CJ Ta H 0 P:\133-23511-08-007\Deliverables\Reports\Preliminary Drainage \ Historic \Historic Runoff Summary.xls • • • • • • • • • • • • •' • • • • • • • • • • • • !, • • • • • • • • • • • • J • [it] TETRA TECH Client: Lc, role AC Si -OA' e TreC t l r t t Description: Slit IMP QVU'tlsac$5 f115Grscai now Anal .57K • Professional Engineers • Job No.: /P- 23511" o8' L01 Sheet I of Designed By: gr 5 Date - Checked By: Cr Date - From Ro-3 of he arbor 7)ra(a;9e. (1 Gt'slat- ing pe vtoc,SneS5 of 4&e side is ti u. Accerdity fa 't✓t. Untied Sloies Dewr/Ike rrl Coen tvaiwi4 Sor I Survey bit raw n Cooptlaieon bill., Color Ado AJr.acAtfeemf of Weld (Quell, C'vlorodor -li'e Sate, is foccSed off l,rifler-al sod fcyyt. (fie -e- 1'ta Append r; a) f��t fagr� Soils 1 294 C - v,QZ8 (51,' 0, 081' O. l66 0.312 Pro rnage <2rderro Pt? xvAI e /✓RC 5' Inyervrorceess C vs"be ,t ore ac 'a ff>Rr c ,r DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF Table RO-3—Recommended Percentage Imperviousness Values • • • • • • • • • • • • • • • • • • • • • • • • • • Land Use or Surface Characteristics Percentage Imperviousness Business: Commercial areas 95 Neighborhood areas 85 Residential: Single-family • Multi -unit (detached) 60 Multi -unit (attached) 75 Half -acre lot or larger Apartments 80 industrial: Light areas 80 Heavy areas 90 Parks, cemeteries 5 Playgrounds 10 Schools 50 Railroad yard areas 15 Undeveloped Areas: Historic flow analysis 2 Greenbelts, agricultural 2 Off -site flow analysis (when land use not defined) 45 Streets: Paved 100 Gravel (packed) 40 Drive and walks 90 Roofs 90 Lawns, sandy soil 0 Lawns, clayey soil 0 * See Figures RO-3 through RO-5 for percentage imperviousness. CA= KA + (1.3113 —1.44/2 + 1.135i — 0.12) for CA ≥ 0, otherwise CA= 0 (RO-6) CCD = KcD + (0.85813 - 0.786i 2 + 0.774i + 0.04) (RO-7) CB = (C A + CCD )l2 08/2006 Urban Drainage and Flood Control District RO-9 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DRAINAGE CRITERIA MANUAL (V. 1) Table RO-5— Runoff Coefficients, C RUNOFF Percentage Imperviousness Type C and D NRCS Hydrologic Soil Groups 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 0% 0.04 0.15 0.25 0.37 0.44 0.50 5% 0.08 0.18 0.28 0.39 0.46 0.52 10% 0.11 0.21 0.30 0.41 0.47 0.53 15% 0.14 0.24 0.32 0.43 0.49 0.54 20% 0.17 0.26 0.34 0.44 0.50 0.55 25% 0.20 0.28 0.36 0.46 0.51 0.56 30% 0.22 0.30 0.38 0.47 0.52 0.57 35% 0.25 0.33 0.40 0.48 0.53 0.57 40% 0.28 0.35 0.42 0.50 0.54 0.58 45% 0.31 0.37 0.44 0.51 0.55 0.59 50% 0.34 0.40 0.46 0.53 0.57 0.60 55% 0.37 0.43 0.48 0.55 0.58 0.62 60% 0.41 0.46 0.51 0.57 0.60 0.63 65% 0.45 0.49 0.54 0.59 0.62 0.65 70% 0.49 0.53 0.57 0.62 0.65 0.68 75% 0.54 0.58 0.62 0.66 0.68 0.71 80% 0.60 0.63 0.66 0.70 0.72 0.74 85% 0.66 0.68 0.71 0.75 0.77 0.79 90% 0.73 0.75 0.77 0.80 0.82 0.83 95% 0.80 0.82 0.84 0.87 0.88 0.89 100% 0.89 0.90 0.92 0.94 0.95 0.96 TYPE B NRCS HYDROLOGIC SOILS GROUP 0% 0.02 0.08 0.15 0.25 0.30 0.35 5% 0.04 0.10 0.19 0.28 0.33 0.38 10% 0.06 0.14 0.22 0.31 0.36 0.40 15% 0.08 0.17 0.25 0.33 0.38 0.42 20% 0.12 0.20 0.27 0.35 0.40 0.44 25% 0.15 0.22 0.30 0.37 0.41 0.46 30% 0.18 0.25 0.32 0.39 0.43 0.47 35% 0.20 0.27 0.34 0.41 0.44 0.48 40% 0.23 0.30 0.36 0.42 0.46 0.50 45% 0.26 0.32 0.38 0.44 0.48 0.51 50% 0.29 0.35 0.40 0.46 0.49 0.52 55% 0.33 0.38 0.43 0.48 0.51 0.54 60% 0.37 0.41 0.46 0.51 0.54 0.56 65% 0.41 0.45 0.49 0.54 0.57 0.59 70% 0.45 0.49 0.53 0.58 0.60 0.62 75% 0.51 0.54 0.58 0.62 0.64 0.66 80% 0.57 0.59 0.63 0.66 0.68 0.70 85% 0.63 0.66 0.69 0.72 0.73 0.75 90% 0.71 0.73 0.75 0.78 0.80 0.81 95% 0.79 0.81 0.83 0.85 0.87 0.88 100% 0.89 0.90 0.92 0.94 0.95 0.96 08/2006 Urban Drainage and Flood Control District RO-11 • • • • • • • • • • • • • •_. • • • • • • • • • • • • • • • • • • � • • • • • • • • • • Client - TETRATECH La fit rqu Description: fits'na. Flow/ 8a5,n }i 1 - Sipe o qe. Calc✓(4 iiora5. Too,/ C.,..-fritubel Arpe= 6.02 AC fhiw f? H to„:e4ii = 75o ft A �r ve aj` s �, f J Tittle oC (oil; 0,395(1.!- C,)CUT ' 3's s. Cr 0. a b 5DD. (/vt.K) 0.3s(t,r 0. o8g") s7; _ 3o.57 3 O.0ZS �D y tt : 75-0- coo 250 £f. Y e S° Cy=5 Yy 55(o.o25)" . _ 0,7q rtes 2SO _ S. m;,. 4 3S.94Min • Professional Engineers • Job No- /33-23Sl1-o$-a7 Sheet ) of 7 Designed By SES Date. Checked By: S F Date - Erb -n reP-2 , Urbayi Grpino1c-) (£$-n R t)-3 M In. (E �"r 12o -'I (7a61e go -2) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Client: TETRA TECH • Professional Engineers • La Toile AG 51 -bra Jr/e. Foci 1 i l y Description: How Catea.i i04 S Basin ill ln'fearr/H QaeT�)4714 Pi-sa. /3S A?iv ix .5 laoye 2.v9 15 YR X8.5( 135) s O in/hr (/04I≤ 9)°78' =l0nYR a is (2, Y4) (OD y a 5.8 o.7F 4 Roelof C = CIA C5' 0.0 el Ts f. %D /hr 6.02 AG /OOy4 /fa cJ Ci90 °'0.342 ` 3.51 'nIhr. ---� A ; 6,12 AG 7. s! Job No'/" 2357/- 0g' °oI Sheet ,2 of I Designed By SC Date' Checked By: GF Date: (it,- in- PA -3) xo - Rm4fana 1 Nicshod ) D. 088(Lydp6.rig) _ /. Dl QL1, 0.342 (3.51)(4.0.2), LG S • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • HbTETRA TECH • Professional Engineers • Client: I. Fort Aa Muir -3e- pact 1. �`� Job No.: "C"-`21-44)7 Sheet Description: /Iis+orr& Flow, Co Icy la I/0115Designed By: ,SES Date _ 605{n FiC Checked By: Cr Date 13aa / Con'{r,ba t,ry Area = (.99 AC, Fiow Pam Lg ny tr 490 fl. Ave role S/Tt = f. 2 V. rime- or etwerwirsli Alt : cr o,29Cal' Cs)V Lt:. 0.D8g 0.395(t.l- o,ottP)\I990 $iac.c L'5oo 7amie/I lent ns'e y: 29,sP., 001 7 )O.71& +-5`/R I3s 7.yq 31O.0 12 c E� 38.44 min Appercl+'x Tsva = n 8, s (1.3 6") (la+38Ga 78 tea = 3.35 '" Ihr 3 • • • • • • • • • • • • • • • • A = 1,1$4f -G. • Client: TETRA TECH • Professional Engineers • La F4ryc. AC Sfura9e Foci I; ty Job No.: X33-Z3S11-op-Uo7 Sheet 4 of '1 Description: FIisior t csc 1 Flow Colt-via•1iail 5 Designed By: Date: &.sin H 2. Checked By: Date: RunOff ff (2= CIA 5 5r, rto U� G� p,Pig Xc ° l.`d7 1yIhr • • • • ' • • • • • • • •. • ; • • • ; • • • • • • • • • • Cloo -1-$00 ffDw. P. 34 Z 5.50- 4 = Off Ac, -fl Ro-1) Ra ra!ii Mi_4kvd) (o. oYs)(/8;)(/:9S') % 0.13A cis (o.362)13,35)(x.98) _ 2. YO c{s • S • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF 2.0 RATIONAL METHOD For urban catchments that are not complex and are generally 160 acres or less in size, it is acceptable that the design storm runoff be analyzed by the Rational Method. This method was introduced in 1889 and is still being used in most engineering offices in the United States. Even though this method has frequently come under academic criticism for its simplicity, no other practical drainage design method has evolved to such a level of general acceptance by the practicing engineer. The Rational Method properly understood and applied can produce satisfactory results for urban storm sewer and small on -site detention design. 2.1 Rational Formula The Rational Method is based on the Rational Formula: Q = CIA in which: Q = the maximum rate of runoff (cfs) (RO-1) C = a runoff coefficient that is the ratio between the runoff volume from an area and the average rate of rainfall depth over a given duration for that area /= average intensity of rainfall in inches per hour for a duration equal to the time of concentration, rC A = area (acres) Actually, Q has units of inches per hour per acre (in/hr/ac); however, since this rate of in/hr/ac differs from cubic feet per second (cfs) by less than one percent, the more common units of cfs are used. The time of concentration is typically defined as the time required for water to flow from the most remote point of the area to the point being investigated. The time of concentration should be based upon a flow length and path that results in a time of concentration for only a portion of the area if that portion of the catchment produces a higher rate of runoff. The general procedure for Rational Method calculations for a single catchment is as follows: 1. Delineate the catchment boundary. Measure its area. 2. Define the flow path from the upper -most portion of the catchment to the design point. This flow path should be divided into reaches of similar flow type (e.g., overland flow, shallow swale flow, gutter flow, etc.). The length and slope of each reach should be measured. 3. Determine the time of concentration, rc, for the catchment. 08/2006 RO-3 Urban Drainage and Flood Control District S S DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF 2.4 Time of Concentration • • • • • • • • • • • • • • • • • • • • • • • • • • • • • One of the basic assumptions underlying the Rational Method is that runoff is a function of the average rainfall rate during the time required for water to flow from the most remote part of the drainage area under consideration to the design point. However, in practice, the time of concentration can be an empirical value that results in reasonable and acceptable peak flow calculations. The time of concentration relationships recommended in this Manual are based in part on the rainfall -runoff data collected in the Denver metropolitan area and are designed to work with the runoff coefficients also recommended in this Manual. As a result, these recommendations need to be used with a great deal of caution whenever working in areas that may differ significantly from the climate or topography found in the Denver region. For urban areas, the time of concentration, lc, consists of an initial time or overland flow time, rr, plus the travel time, r„ in the storm sewer, paved gutter, roadside drainage ditch, or drainage channel. For non - urban areas, the time of concentration consists of an overland flow time, r;, plus the time of travel in a defined form, such as a swale, channel, or drainageway. The travel portion, 4, of the time of concentration can be estimated from the hydraulic properties of the storm sewer, gutter, swale, ditch, or drainageway. Initial time, on the other hand, will vary with surface slope, depression storage, surface cover, antecedent rainfall, and infiltration capacity of the soil, as well as distance of surface flow. The time of concentration is represented by Equation RO-2 for both urban and non -urban areas: f =1, +1, in which: r, = time of concentration (minutes) t,= initial or overland flow time (minutes) If= travel time in the ditch, channel, gutter, storm sewer, etc. (minutes) 2.4.1 Initial Flow Time The initial or overland flow time, 4, may be calculated using equation RO-3: 0.3951.1 — C's )JE fr = So33 in which: If= initial or overland flow time (minutes) Cs = runoff coefficient for 5 -year frequency (from Table RO-5) (RO-2) (RO-3) 08/2006 RO-5 Urban Drainage and Flood Control District • • • RUNOFF DRAINAGE CRITERIA MANUAL (V. 1) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • L = length of overland flow (500 ft maximum for non -urban land uses, 300 ft maximum for urban land uses) S = average basin slope (ft/ft) Equation RO-3 is adequate for distances up to 500 feet. Note that, in some urban watersheds, the overland flow time may be very small because flows quickly channelize. 2.4.2 Overland Travel Time For catchments with overland and channelized flow, the time of concentration needs to be considered in combination with the overland travel time, t„ which is calculated using the hydraulic properties of the swale, ditch, or channel. For preliminary work, the overland travel time, t,, can be estimated with the help of Figure RO-1 or the following equation (Guo 1999): v = cos:5 5 in which: V = velocity (ft/sec) C„ = conveyance coefficient (from Table RO-2) S. = watercourse slope (ft/ft) Table RO-2—Conveyance Coefficient, C„ (RO-4) Type of Land Surface Conveyance Coefficient, G. Heavy meadow 2.5 Tillage/field 5 Short pasture and lawns 7 Nearly bare ground 10 Grassed waterway 15 Paved areas and shallow paved swales 20 The time of concentration, rc, is then the sum of the initial flow time, r,, and the travel time, 4, as per Equation RO-2. 2.4.3 First Design Point Time of Concentration in Urban Catchments Using this procedure, the time of concentration at the first design point (i.e., initial flow time, t,) in an urbanized catchment should not exceed the time of concentration calculated using Equation RO-5. t` 180 +10 (RO-5) in which: to = maximum time of concentration at the first design point in an urban watershed (minutes) RO-6 8/2006 Urban Drainage and Flood Control District • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • RAINFALL DRAINAGE CRITERIA MANUAL (V. 1) 4.0 INTENSITY -DURATION CURVES FOR RATIONAL METHOD To develop depth -duration curves or intensity -duration curves for the Rational Method of runoff analysis take the 1 -hour depth(s) obtained from Figures RA -1 through RA -6 and multiply by the factors in Table RA -4 to determine rainfall depth and rainfall intensity at each duration. The intensity can then be plotted as illustrated in Figure RA -15. TABLE RA -4 —Factors for Preparation of Intensity -Duration Curves Duration (minutes) 5 10 15 30 60 Rainfall Depth at Duration (inches) 0.29Pr 0.45P1 0.57P1 0.79P1 1.0/31 Intensity (inches per hour) 3.48P1 2.70P1 2.28P1 1.58/3, 1.0P1 Alternatively, the rainfall intensity for the area within the District can be approximated by the equation: 28.5 P, (io + Ty' in which: / = rainfall intensity (inches per hour) P1= 1 -hour point rainfall depth (inches) = time of concentration (minutes) RA -6 (RA -3) 01/2004 Urban Drainage and Flood Control District • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • APPENDIX D DEVELOPED RUNOFF CALCULATIONS • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LA FARCE AC STORAGE FACILITY Preliminary Developed Runoff Calculations Streets Commercial Drives & Walks Paved Gravel Open Space Percent Imperviousness 95 90 100 40 2 Basin Area (Acres) Percent Total Commercial Drives & Walks Paved Gravel Of en Space Imperviousness 6.76 0.72 0.00 3.76 0.00 2.28 66.41 1.24 0.00 0.00 0.00 0.00 1.24 2.00 8.00 Al (developed) A2 (undeveloaed Basin Al A2 2 year Composite C " 5 year 10 year 0.42 0.46 0.50 0.03 0.09 0.17 100 year 0.60 0.36 • Composite C values taken from Table RO-5 for Type B NRCS Hydrologic Sails Group Al A2 Al A2 Basin Flowlerlgth, L Final Tc" Rainfall Intensity (inlhr) (ft) (min) 2 year 5 year 10 year 100 year® 750 14 2.26 3.15 3.73 5.80 280 29 1.55 2.15 2.55 3.97 Runoff. Q (cfs) Basin 2 year 5 year 10 near 100 year 6.42 9.80 12.61 23.52 0.05 0.24 0.52 1.77 TOTAL 10.04 25.29 P:\133-23511-08-007\DeliverableslReports\Preliminary Drainage\Developed \LaFarge Developed Runoft.xls 1 of 1 • • • • • • • • • • • • •' • •._ • • • • • • • • • • •_ • ' •_ • • • • • • • • • • • i _ lb • Client TETRATECIi Fade, AG Shale Fae;lily Description- Devehpeal Flow CaIcola.'�an5 ?sin Al lutes l Area = 6. -u A c St, ( -Ace -AC <:>ved -7-6m .cc,..,eKfaf) Ofe,n S1ace 2.2 3.71, /oo 0.71 75 2 ?vazr. T':t lr;; A:)6 - 5 !tir6ovt 2Th na yG C3.. U.46 Cio 0 ,5 O Go O.6o ,of Gv'a 1'r reel /eer A = 750 ft. { = LAD t (0 7S°%o + to Poen iq 11 1 fl4n6l 13 r= s7, (/D fi c) o, 7dG l- 5 YR fame 3 ArUeh4'`( 8 • Professional Engineers • Job No - /33- 235/1 -o5-cc-'? Sheet I of 2 Designed By SES Date: Checked By: Cr Date %vIal Imp. = (o(r.4i X , /4/ 17 Al o e\ Z$',5 (/ 55) 3./S'"/F,- 0o t ! y. n) o. 7Th I1orte r "2t.5 04i) (l0+ /d:17)&79er s S 80 l'Ar ( 6 -,1 RA- s) • • • • • • • • • • • • • • • • •• • • : •- • • • • • ' • •_ • • • • • ' • . • • • • • • • • • MIN TETRATECH Client: 10 -14K -le. A 5.4rasye FO47;1;11. Job No.:/n- z35// -O®"450'1 Sheet a of a Description 7e_ k,10p?J Flout Cale, 101,4; Designed By: 513 Date- ? 5;n Al Checked By CF Date' (7 -r efin 5 yr. 14.u% Cs.0 3. ls'"�� 6,76 AC — (0 at #fQ& C/oa CP; )(;.Yc2)(6 ?6i - as. 32 cir5 _roo , 20 w/4` Qinv , 6 I Ae— • Professional Engineers • (it -n k -1, estkod • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • (t) Client: TETRA TECH • Professional Engineers • La r�,je, ac Shra9 . lac; ; Description: tr d /c w .Lc.5i1 A2 SG! %a Ce. (2i)l-'7 . 7 C 424/ (u401, p. t) 7 Z I -z 7v.blc.. Ro - >t urban Diaiiia9c': C2- 0,03 Cs 0,09 Co 7 0.17 05(2 Job No.: /?..3 " 235/"I-607 Sheet of Designed By: Date. Checked By: Cr To, e f C;oVI CCM Ira boo wafer Aea Lath : aye -!j- Lc t (z 500') mac--- - ,sa 4-ee. as ti;s}nr;G Gmncl i' ▪ �L �L -- - 6,),/-77 CS= O.0q >_, 29° i - 0.335 (.t- 0.0e1)1.1672 29. 14 M;d Pa fk tt TLt-icu s r'1� 7:2g.s /10 4 -1T o.78' 1.35 t'4 A"peed + x g Date. • • • • • • • • • • • • • • • • • •1. • • • • • • • • • • • • • • • • , • • • • • • Client TETRA TECH �A f iigt 4 c2. S solo je Tac t i'1} Description: 'vrhpcJ F(ow Cwlu.L:k41.ta„5 gaSts A2. RQT'?/a// T .{e;s ((o4. ) Z5Yg _ ?$5(1.35) a,/5 '"Af piin Off (Io t fl. 16) o.7fv (98.5 (0,49) (, 129.16)°"7ry G IA J gr. lam) C5 D.a9 S a. /5 'VA, 11 ° (.?4 Ac. /OO yr. f a.,) Ctw ' o,2 22:,1aU fl71" A = 1;2YAt x,97 • Professional Engineers • Job No 133- n311-.41'007 Sheet of Designed By Sts Date. Checked By `"f Date (0.09)(,.15'} 0.240 0, 24/ c (o:36)0.97l(Lt ) : 1.77 cis • • • APPENDIX E DETENTION POND SIZING I• •• .% • • • • • • • • L.* TETRA TECH • Professional Engineers • Client: LJ)krge- AL sior"�z Tat. Job No • 133- 235- 11-03-00-1 Sheet 1 of Description: qtr"` '°^ {'a'ck Designed By: ce5 Date - Checked By: c P Date' PrIk0wobk WeIfa5e r Wtid Cou n-i� S"fovw -bra &105 re fees Rq "l ite'..- his -few rc 5-jr cl SC✓.G re� O5 7 1.01 'fhe dee • • • e • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • fit DETENTION VOLUME BY MA & MODIFIED FAA METHOD fSee UW₹YCM Uolumta4 Fta6aff Uhaptesfor desetiptlon of met4lod) (For catchments less than 160 acres only. For larger catchments, use hydrograph routing method) (Note: for catchments larger than 90 acres, CUHP hydrograph and routing are recommended) The user must fill in all of the blue cells for these sheets to function. Design Information (Input): Catchment Drainage ImperAousness Catchment Drainage Area Predevelopment NRCS Soil Group Return Period for Detention Control Time of Concentration of Watershed Allowable Unit Release Rate (See Table A) One -hour Precipitation Design Rainfall IDF Formula I= Cl' P1f(C2.Tc)AC3 Coefficient One Coeffdent Two Coefficient Three :8641'' A=Ey.{::?steno: Type Tc 29 P '2 percent acres A, B, C, or D years (2. 5. 10, 25, 50, or 100) minutes '!.cfs/acre inches O, 'gone Determination of Average Outflow from the Basin (Calculated): Runoff Coefficient Inflow Peak Runoff Allowable Peak Outflow Rate Ratio of Op-ot 0p -in C oao Op -in i5R3 ' cfs Op -out :!:1A1 ::3! cfs c Ratio ':::4130 : S '/ . URIC RAT' .............. .............. erminan Rainfall Rainfall Duration Intensity minutes inches/tr zee:put: '41133::.,: t: SSA n84. inflow Vokime Mic feet Average Outflow c. oetouft 54 Out low Volume (FAA, 7:1; Storage Afusiment Volume Factor (FAA, of; `!m1' cu/YI:: to:i4'u:.: ::.4:1MtS 4x.:476 ..:::;1:4469 as3.66 a .f ':3 :558::3 640.19 59934 062 ::3 5s 258 ..At M6₹ 342614 #6,;W. k 68428 ''434 A . ..:< 0839 .:. 4134:# w.. :..::..42.5}...C:;:i:.:A:: 64564 -A:Og 413 1333 I11AS1 :::: 6454 j 6643 I111146 M2 436 . I ::146:630 .... D9' . >16258:;; AM 74 1454 i?:S.MABB 5t , SIVASAIIA 966f MAMMA ' :48'984 4 u :.xii : 96 Average Outflow (Mod. rte) o_:V0:) Outflow VOPme u:: .. 0:55' " 1:49138:: :' ms.F.': 64SI b 54; 12442.;:: #234x: MA6o S �r548 -954 36x06 :4e.satl :a sn. 9164. ,� 15x138: 34749 1363 .:.654,.: i-113:: .? ::434 ,.14063 ,:46;664 a Aitg Storage Volume x$.i (tAges '(6303 4833sg!.S:?: de;5 4 651'•;. 645848':':: Ara 5f 22fi 1I114606I1IBI:BI1 064: .:025BiiBi•MS:SBBSB ABBVISA BBIaRINBAB :ABAMB'BAjBA AIMS 054 :2 64866 :62.1+'6 ':::6454 BS1.P.A:B?SiStiB 15309 :.:.:46'6164 .5D63 ..6.64:: :'. yS:332:: 7e'644i: ;3:` :;:'5522 46,508 16M: .S4:.;: 4515 3 OS? : _: 62411 454 X03: 62669 443 :::6454 (120 0 0 : 133 zj8 1154 ::15648 16I60AI1B1 Bil11.,I4g5SIBA. :,4.8.;574 .;i)5s 054:' 93568:: 46623 ;:4::1 616 48'445 iBIBAAPA:B: 13;33 64x64 ASST 3'513'' 15:049 i.V:8s8!i >. 1fi 12 1305:: 3 FAA Major Storage Volume (cubic ft.). 11111IiKftftft.A111 Mod. FAA Major Storage Volume (cubic ft) 461466::?:' FAA Major Storage Volume (tt) = A1AAV.1.131I:IIE Mod. FAA Major Storage Volume (acre ft.) 4071),:::I C- -- UDFCD DETENTION VOLUME ESTIMATING WORKBOOK Version 2.02, Released January 2007 uD-oetmsonv202_LeFarge Detenton-PRELIM.ds, Modified FM 11/9/2008, 1,43 PM • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Project: Basin ID: LaPafgwA 'Sfof.gwcaatriy .... 70,000 60,000 50,000 40,000 a^ LL U Lt E > • 30,000 20,000 10,000 0 Inflow and Outflow Volumes vs. Rainfall Duration Intersection of Modified and FAA Outflow Plots is at maximum detention volume 0 100 200 300 Duration (Minutes) 400 500 600 -tA- Inflow Volume -sa.- Modified Outflow Volume +FAA Outflow Volume UDFCD DETENTION VOLUME ESTIMATING WORKBOOK Version 2.02, Released January 2007 UD-Detentm_v2 02_LaFarge Delentor-PRELIMds, Modified FAA 11/9/2008, 1'43 PM • • • • • • • • • • • • • • • • •- • • • • • • • • • • • • • • • • • • • • • • •' • • • Th TETRA TECH • Professional Engineers • Client: to rove At ,S't`Draie jrk'_.,1;11P i Job No.: /33— Z35/+ -0$-O7 Sheet 1 of 1 Description: h/G�<.V tJeta; ,on 790,121 Designed By: SE5 Date Checked By: Cr Date' 7o1*! }!feet (Basin Al) = 6,7G .e1C... y acv= 0. - 1.11e'f 0,78 Twp. - y6.yl Cyo t,r, cl'rn = 0,91 (0.664)3_ //q (0.66'!)1 a.-715(0.66111 0, 34 14. j7e5 n Val wocV 12- 0.IV AC•FT To -111 l?arel Yaluwic- 100yr, _ /,07 r 0.18 x /..2 (SSda x 6.76 x_ t. z_ 1.9 5 pc, Fr t /' -Trer h0314 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • APPENDIX F CULVERT/RIPRAP SIZING • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Worksheet for Outlet Pipe Friction Method Solve For Roughness Coefficient Channel Slope Normal Depth Diameter Discharge Diameter Normal Depth Flow Area Wetted Perimeter Top Width Critical Depth Percent Full Critical Slope Velocity Velocity Head Specific Energy Froude Number Maximum Discharge Discharge Full Slope Full Flow Type Adi inlgtgk 4*Ii Downstream Depth Length Number Of Steps Upstream Depth Profile Description Profile Headless Average End Depth Over Rise Normal Depth Over Rise Manning Formula Full Flow Diameter SubCritical 0.013 0.00500 ft/ft 0.71 ft 0.71 ft r.. 12" RCP w/ oy;1 -t, 1.01 ft3/s 0.71 ft 0.71 ft 0.40 ft2 2.23 ft 0.00 ft 0.47 ft 100.0 % 0.00835 ft/ft 2.55 ft/s 0.10 ft 0.81 ft 0.00 1.09 ft3/s 1.01 ft3/s 0.00500 ft/ft 0.00 ft 0.00 ft 0 0.00 ft 0.00 ft 0.00 % 100.00 % Bentley Systems, Inc. Haestad Methods Solution Center Bentley FlowMaster [08.01.071.00] 11/912008 1:46:15 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 Page 1 of 2 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Worksheet for Outlet Pipe Downstream Velocity Upstream Velocity Normal Depth Critical Depth Channel Slope Critical Slope Infinity ft/s Infinity ft/s 0.71 ft 0.47 ft 0.00500 ft/ft 0.00835 ft/ft Bentley Systems, Inc. Haestad Methods Solution Center Bentley FlowMaster [08.01.071.00] 11/9/2008 1:46:15 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 Page 2 of 2 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • co tLco O 01 m co • O on Et a to U a ansion Factor WI DI a a oCe og ❑ c 2 m N r v a N 0 Pipe 0, D Discharge. Q t a- O N O Q C 0 P:\133-23511-08-007\Deliverables\Reports\Preliminary Drainage\Developed\Riprap Sizi • • •` S S • • • ID • • • • • • • • • BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL FIGURE 713 RIPRAP EROSION PROTECTION AT CIRCULAR CONDUIT OUTLET 40 GpiLcc,C 05 ,It _NGP(4yQ0 6. PE TIDE t- ** Yt/D Use Da instead of D whenever flow is supercritical in the barrel. **Use Type L for a distance of 3D downstream. 1.0 WRC ENG. REFERENCE: USDCM, DRC0G, March 1969 (Revised 11-15-82) • • • • • • • • • • • • • • • • • • • • • • BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL I TABLE 707 CLASSIFICATION AND GRADATION OF ORDINARY RIPRAP * % SMALLER THAN INTERMEDIATE ROCK d50 RIPRAP GIVEN SIZE DIMENSION DESIGNATION BY WEIGHT (INCHES) (INCHES) Type VL 70-100 12 50-70 9 35-50 6 6** 2-10 2 Type L 70-100 15 50-70 12 35-50 9 9** 2-10 3 Type M 70-100 21 50-70 18 35-50 12 12 2-10 4 Type H 100 30 50-70 24 N 35-50 18 18 / 2-10 6 Type VH 100 42 50-70 33 35-50 24 24 2-10 9 *d50 = Mean particle size **Bury types VL and L with native top soil and revegetate to protect from vandalism. - s �IIIIII,rninfrlII 33�Ulfl!yEfii ZlII 9el,�,viii I 2 3 4 $6Te9EI m 3040 m8) INTERMEDIATE ROCK DIMENSION- INCHES WRC ENG. REFERENCE:USOCM, DRCOG, March 1969 . (Rev 11-15-82) • • • • • • • • • • • • • • • • • • • • • • BOULDER COUNTY STORM DRAINAGE CRITERIA MANUAL FIGURE 716 EXPANSION FACTOR FOR CIRCULAR CONDUITS 0 ^IN EXPANSION FACTOR , 8 6 5 4 1 0 =Expansion Angle 2 31:011777 7 0 // f l 0 .1 .2 .3 .4 .5 .6 .7 . TAILWATER DEPTH/ CONDUIT HEIGHT, Yf/D REFERENCE: USDCM, DRCOG, March 1969, (Revised 11-15-82) LARGE MAPS IN ORIGINAL FILE NOT SCANNED i • Downtown Office Bill Wyatt - of Counsel 222 W. Magnolia Street Fort Collins, CO 80521 Direct: 970.482.0703 Fax: 970.484.1 170 E-mail: wyattlaw@gwest.net WYATT & WINSLOW, LLC ATTORNEYS AT LAW October 30, 2008 Via Fax — 303-684-2327 and U.S. Mail Lafarge North America, Inc. 11409 Business Park Circle, Suite 200 Longmont, CO 80504 Attention: Ms. Anne Johnson Re: Oil Well Site Near Lafarge Land Lease Dear Anne: South Office David R. Wyatt Walter A. Winslow 4703 Boardwalk, Suite B3 Fort Collins, CO 80525 Firm Telephone: 970.484.1112 Fax: 970.484.1115 E-mail: wyatiwinslow@wyattwinslowlaw.com In response to your email received on October 28, 2008, I am enclosing information from my file, our site manager's file, and the file of Mac Neumann, agent of Unioil, the operator and a 100% subsidiary of Petroleum Development Corporation. I am the attorney for Colorado Sweet Gold, LLC ("GSG"), the landowner and lessor of the subject eight acres to Lafarge West, Inc. The oil and gas interest are severed mineral interests. The operator of the mineral lease is Unioil. Attached is a photo map of the CSG property prepared by Unioil that shows existing wells as an asterisk and future wells by a blue circle. There is no Surface Use Agreement. The existing wells go back to the old Great Western Sugar days. The well nearest the Lafarge lease is the CWS 2 well. You might have your engineers show the Lafarge lease. Unioil has filed an Application for Permit to Drill Gold 11-9DU that will be directionally drilled as shown in the application to reach an area west of the Great Western Railroad in Johnstown. The attached exhibit to the Application will show you where the existing well is and where the proposed well will be. This also shows how the well site is accessed off State Highway 60, which has been referred to in the Lafarge lease. As you can see, the well site is adequately removed from Lafarge North America, Inc. October 30, 2008 Page 2 the Lafarge lease to meet all state and county requirements and the access road does not encroach on the eight acres. The enclosed is all we have and should be adequate for your permitting use. gss Enclosures cc: Dennis Trego (via email) David Gilbert (via email) to • -' `t1 L+.� �+ it \_ i•••• L. L `1. ` ` LL'S L• L ••"a. V t •. ` \ \\ + \ \*. r, L \.`L 4,,,,4 ~ NN \_ + • 4. 7' \\ '\\N 'a�\\ ,.\`\\ `,\\ \`+ , ,. \ \ sti: "`.. ‘• \ \\ C.: \ \is:. . \ ti. • .1•'+ •t.. ; \, \'%:; J oHNsT WN �,.,�sz&\ \ �`t. •r.. St. 1. \ ••, t • `' \.LL •..`''t' aL\:•t A ,",'"'1/4',\E \ 4. \ ‘ ..... .....,...\ '.N. 'I, „\ `�.\ . \ \ i ; ` \ `,• \ tig — MILLIKEN ;4 =1 1:,!_z.owil: 1 15 r1o.� L• arc I ; cid Cl en 'e(o Scy-etr CI` La !V iirne..5 ( mac i 41IA- )1—ctLe. /I-yu C//Ar f"' %4H 87:23) A 1 6; 4er C'≥,y/l-/L chi at"e,i,S ire `1 a fJ l.' ! sri�L N IN ike 42 Air w w•` 1 C.v J' 410-4 - t"7 NW/VA/` Orr A) Cr 6 oY.'/c J.CF/r%SCtrs y s �. n '\' 'Veld County. Caiarada 60u5 6,00rAJL-- 135 ore - 1790 Ft -v/- 660 r40( - fro 5 cr60 CAS 3 fqgofFvt Go sC#l,c V. I(o EI14 .16S 15 P_i S //-- CJ U S �.vn e. t `t irf.- ' c-� 2 lie i f ci l re-c?'e nr, �r /4 � `ice r /ear /iL9'1 rrtti✓ 9 4X /oc ia.t. 64 A!c' L Qit t' d L / /lee, fe rev P cli�r ti t S fre5O ctlyviri, r atyrs ceine to c fear.. de? -rhtiIPikel ij 9 4- b: apt Vela Ai 9 Ia e 7� d, rr ey— f co rig:rot:7 ter( (07, I 6‘ 14 de( s 1.0 5 a fa cfe 0-1 I oft . C tit (91 /Lit We(l V-011 CA t Pre len (41 �� ?t, --s- is /it Gt. f�f. //-9&J C' f 22 m 1 tea if, Go�0 Gici3t47 s OF /2 Lett/ Crave %;;-: '1/4` A C \:\ .•`\\�\ \`'♦_ -♦•`� �♦ \ • ' ♦ \ "'ti \\ k +T •\ `\•\•N•. ` 4 ♦ ♦1� • aid County. Co " N • cc11;53 I. ,4OOO !e RAD0us I4 -K/ DEITY • 1 ) C(A)5 2 NENw-q-1-(-G7 8$0 FAIL /7nFwL Gw5 3 SwNw-9-y-67 /91(UfyL ‘‘dtbeii • tari- Samba DE E ES FORM State of Colorado 2 Revives \ / Oil and Gas Conservation Commission 6 r > 1120 Lincoln Street, Suite 801, Denver, Colorado 80203 Phone: (303)8942100 Fax:(303)894-2109 APPLICATION FOR PERMIT TO: rata', 1. lj Drill, [J Deepen, [J Re-enter, Recomplete and Operate 2. TYPE OF WELL GA517 COALBED OTHER: Refling Sidetrack Plugging Bond Surety tortOIL SINGLE ZONE MULTIPLE ZONES ,/ COMMINGLE ZONESI Complete the 3. Name of Operator: Unioil 4. COGCC Operator Number: 90950 Attachment Checklist OP COGCC 5. Address: 1775 Sherman St, Suite 3000 APD Orig 81 Copy ✓ City: Denver State: CO Zip: 80203 Form 2A fit 6. Contact Name: James Annable Phone: (303) 90 5-434 0 Fax: Well location plat 7. Well Name: Gold Well Number: 11-9DU Topo map 1 8. Unit Name Of appl): Unit Number: Mineral lease map 9. Proposed Total Measured Depth: 7461' Surface agrmt/Surety WELL LOCATION INFORMATION 30 Day notice letter fir/ 10. Otretr: NENW Sec: 9 Twp: 4N Rng: 67W Meridian: 6th PM Deviated Drilling Plan ,/ Latitude: 40.33184 N Longitude: 104.89980 W Exception Location FNLFSL FEIJ WL Request Footage At Surface: 961 N 1761 W Exception Loc Waivers 11. Field Name: Wattenberq Field Number: 90750 H2S Contingency Plan 12. Ground Elevation: 4789' 13. County: Weld Federal Drilling Permit 14. GPS Data: Date of Measurement: 7/10/08 PDOP Reading: 6 Instrument Operator's Name: Chris Pearson 15. dwell is: PA Directional Horizontal (highly deviated), submit deviated drilling plan. Bottomhole Sec Twp Rng: Sec. 9, T4N, R67W rNrasu FEurwL FNisaL FEURAL Footage At Top of Prod Zone: 663 N 679 W At Bottom Hole: 663 N 679 lW 16. Is location in a high density area (Rule 603b)? [J Yes fl No 17. Distance to the nearest building, public road, above ground utility or railroad: 240'+ (RR) 18. Distance to Nearest Properly ire: 217' 19. Distance to nearest well permitted/completed in the same formation: 777' 20. Objective Formation(s) Formation Code Spacing Order Number (s) Unit Acreage Assigned to Well Unit Configuration (N/2, SE/4, etc.) Niobrara, Codell NB -CD 407-87 80 W2NW4 21. Mineral Ownership: 22. Surface Ownership: 23. Is the Surface Owner also 23a. If 23 is Yes: Is the ,/ Fee Fee Mineral Owner? Owner(s) Owners Rng format State State Federal Federal Indian Indian Yes Blanket upon which Lease # a/ _ Surface Surety ID# 20070028 the Surface Surface Twp, ignature on Agreement Attached enter entire Yes the lease? mineral I / No I CNo 23b. If 23 is No: or $25,000 Surface Bond so$2,000 Surface Bond D$5,000 Surface Bond 24. Using standard OhOtr, Sec, N2 Sec. 9 T4N R67W lease description this proposed wellsite is located (attach separate sheet/map if you prefer): 25. Distance to Nearest Mineral Lease Line: 663' 26. Total Acres in Lease: 320 LEASE, SPACING AND POOLING INFORMATION DRILLING PLANS AND PROCEDURES 27. Is H2S anticipated? 28. Will salt sections be 29. WII salt (>15,000 ppm 30. If questions 27 or 28 31. Mud disposal: Method: NOTE: The use of an earthen encountered TDS are [J Yes duing oil Recompietion fl No If Yes, attach continency plan. No Yes Yes Facility air/gas drilling, No No If 28, 29 or 30 are 'Yes' a pit permit may be required. CI) or yes, is this Offsite Land Farming pit for drilling? based muds be used location in a sensitive [J Yes fl during drilling? area (Rule 903)? ,/ FA Onsite Disposal If notify / Land Spreading [J [J Other: fluids requires a pit permit (Rule 905b.) local fire officials. String Size of Hole Size of Casing Weight Per Foot Setting Depth Sacks Cement Cement Bottom Cement Top Surface 12 1/4" 8 5/8" 24# 500' 360sx 500' Surface Production 7 7/8" 4 1/2" 10.5# 7461' 150sx Poz 7461' 6261' Corot irtnr /0... N/A Stage Tool 32. BOP Equipment 33. Comments Type: Conductor Annular Preventor will not be used. Rotating Head 0 f Double Ram None Casino 34. Initial Rule 306 Consul has been waived or if PERMIT SUBMITTED I hereby certify that acompl' to the best of my knowledg: Signed: ti •od 0 C \ took place on (date) =ith effort did not result rG - PRIOR TO COMPLIANCE - permit package has true, coo- t, and complete. -- 4/23/08 ,was waived, 306 Print Date: or is not CONSULTATION Local Government Name: 10/2/08 required. Provide supporting documentation if consultation SHALL BE RETURNED UNAPPROVED. Designee(s), and all statements made in this form are, James Annable in consultation. WITH RULE been sent to the applicable Title: Sr. R-'ulato Consultant Email: jim.annable@comcastnet Based on the information provided herein, this Application for Permit -to -Drill complies with COGCC Rules and applicable orders and is hereby approved. COGCC Approved: API NUMBER 05 - Permit Number: Director of COGCC CONDITIONS OF APPROVAL, IF ANY: Date: Expiration Date: FORM 2A Rev 6/99 State of Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801, Denver, Colorado 80203 130318942100 Fax 1303) 8942109 DRILL SITE/ACCESS ROAD RECLAMATION FORM This form shall be submitted in duplicate with the application for permit -to -drill (OGCC Form 2) unless a Federal 13 -point surface plan is included. Also required are a minimum of two photographs (site and access road). Soil and plant community information is from United States Natural Resources Conservation Services (USNRCS). FOR OGCC USE ONLY 1. OGCC Operator Number 90950 2. Name of Operator: Dnioil 3 Address: 1775 Sherman St, Suite 3000 City: Denver 5. Well Name and No.: Gold e11-9Dv 7. Location (QtrOtr, Sec, Twp, Rng, Meridian): NEWS - 9 - T4N R67W 6th PM State: co Zip: 80203 4. Contact Name and Telephone: James Annable No: (303) 905-4340 Fax: 6. County: weld Complete the Attachment Checklist 6n 0666 DEISM nlarw WWm* COE Salim 4041mr a ube Pre -Drilling Information Current Land Use 8. Crop Land: Q Irrigated ❑ Dry Land 9. Non -Crop Land: 0 Rangeland 0 Timber 10. Subdivided: 0 Industrial ❑ Commercial ❑ Improved Pasture ❑ Recreational ❑ Residential ❑ Hay Meadow 0 Other (describe): Attach color photographs of drill site and access road; identify each photo by date, well name and location. ❑ CRP Soils 11. Soil map units from USNRCS survey: Sheet No: mcs site Soil Complex/Series No: 32 Soils Series Name: Kim Loam 1-36 elopes Horizon thidtness (in inches). A 0-12" Soils Series Name: Horizon thickness (in inches). A: .B.12-40" • B: D. 40-60" Plant Community Complete this section only If operations are to be conducted upon non -crop land. 12. Plant species from: 0 USNRCS or 0 Field Observation Date of observation: List individual species: 13. Check one predominant plant community for the drill site: ❑ Disturbed Grassland (Cactus, Yucca, Cheatgrass, Rye, Thistle) ❑ Grassland (Bluestem, Grama, Wheatgrass, Buffalograss, Fescue, Oatgrass, Brome). ❑ Shrub and Brush Land (Mahogany, Oak, Sage, Serviceberry, Chokecherry) ❑ Plains Deciduous Riparian (Cottonwood, Willow, Aspen, Maple, Poplar, Russian Olive, Tamarisk) ❑ Mountain Conifer Riparian (Spruce, Flr, Ponderosa Pine) ❑ Evergreen Forest Land (Spruce, Fir, Ponderosa Pine, Lodgepole Pine, Juniper, Pinyon) ❑ Aquatic (Bullrush, Sedges, Cattail, Arrowhead) ❑ Tundra (Alpine, Willow, Currant, Raspberry) ❑ Other (describe): 14. Was an Army Corps of Engineers Section 404 Permit filed? O Yes No If yes, attach appropriate documentation. Comments: I hereby certify that I, or persons under my direct supervision, have inspected the proposed drill site and access road; that I am familiar with the conditions which presently exist, that the statements made in this form are, to the best of my knowledge, true, correct, and complete. Print Name Signed: Jalmes ' noble Title: Sr. Regulatory Consultant Date: 1O/2/O8 i '*1 w :7•AL Now. C3eUM NW SEC. 9 3Y." ALUM CAP LS 34993 zM W� N cD N 2 � EZ 7 b O 0 Z WASEC. 9 234" ALUM. CAP LS 23513 WELL LOCATION CERTIFICATE. GOLD 11-9DU SECTION 9, TOWNSHIP 4 NORTH. RANGE 6/ WEST, 6TH P.M. S 89'09'52" GREAT WESTERN SUGAR 2 (existing) BH- 663' FNL 679' FVXIL 2719.90' S 89'09'35" E 2720.37' N 00'52'39" W SW SEC. 9 234" ALUM. CAP LS 23513 1761' 113 NY. SEC 9 2h" ALUM CAP LS 14166 GOLD 9ADU BOTTOM HOLE (proposed) NOTES. THIS IS A DIRECTIONAL WELL BOTTOM HOLE LOCATION IS TO BE AT 663' FNL. 679' FWL BOTTOM HOLE LOCATION PROVIDED BY CLIENT. HORIZONTAL DISTANCE FROM BH TO GOLD 9ADU BOTTOM HOLE IS 787 SE. TWINNING PROPOSED WELL GOLD 9ADU, 22' TO THE SOUTH. PROPOSED GOLD 9ADU WELL IS TO BE LOCATED AT 983' FNL & 1760' FWL. LAND SURFACE USE -AGRICULTURAL FIELD TWINNING EXISTING WELL GREAT WESTERN SUGAR 2 50' TO THE NW. EXISTING WELL GREAT WESTERN SUGAR 2 IS AT 933' FNL. 1720' FWL GPS OPERATOR CHRIS PEARSON GREAT WESTERN SUGAR 2 IS LOCATED N 55'11'06" W 50i NO VISIBLE IMPROVEMENTS WITHIN 200' GOLD 11-9DU SURFACE LOCATION GROUND ELEVATION= 4789' LATITUDE= 40 33184' LONGITUDE= 104 89980' EXISTING WELL LOCATION (GWS 2) LATITUDE= 40 33192' LONGITUDE= 104 89994' PROPOSED GOLD 9ADU LOCATION LATITUDE= 40 33178° LONGITUDE= 104 89980° 9 S Y. SEC 9 3X" ALUM CAP LS 7242 N 89'11'05" W 2708.09' P N 88'26'50' W 2722.94' LS 13155 WELL GOLD 11-9DU TO BE LOCATED 961' FNL AND 1761' FWL, SECTION 9, T4N, Rfi7W OF THE 6th P.M. NE SEC 9 2)4" ALUM CAP TO BE SET LS 20671 „L. l ,c4.00 S IT, N 01 GI 1v 0 E Y. SEC. 9 2X" ALUM. CAP LS 17664 3 „c1,L4.00 S LEGEND 445. = EXISTING MONUMENT • = BOTTOM HOLE BH= BOTTOM HOLE • = PROPOSED WELL • = EXISTING WELL NOTES. 1. THIS SURVEY WAS DONE BY GPS METHODS AND CONFORMS TO THE MINIMUM STANDARDS SET BY THE C O.G C C.. RULE NO. 215 (POOP VALUE IS LESS THANe0. 0. LATITUDE AND LONGITUDE ARE ACCURATE TO 5 DECIMAL PLACES. AND GPS OBSERVATIONS ARE DIFFERENTIAL AND DONE BY QUALIFIED PERSONNEL ) 2 ELEVATIONS SHOWN AT THE WELL HEAD, AS WELL AS HORIZONTAL CONTROL. ARE BASED ON GPS-RTK VALUES DERIVED FROM DOING 2 -HOUR STATIC GPS SESSIONS AND REDUCTIONS USING OPUS SOLUTIONS VERTICAL = NAVD88: HORIZONTAL = NAD83/92 3 THE BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS BETWEEN THE MONUMENTS SHOWN HEREON AS FOUND ON THE FIELD DATE BELOW 4 DISTANCES SHOWN ARE AT GROUND LEVEL. AS MEASURED IN THE FIELD, WITH TIES TO WELLS MEASURED AT A PERPENDICULAR TO SECTION LINES. FIELD OATS 07.10.08 3RAWIMG ntTE 08-06-08 IT LB NAME GOLD 11-90U LIMA(( LOW' al WELD COUNTY. COLORADO NE 114 NW 114. SEC 9. T4N, R67W I RICHARD E. BROOKS. A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY TO PETROLEUM DEVELOPMENT CORPORATION , THAT THE SURVEY AND WELL LOCATION CERTIFICATE SHOWN HEREON WERE DONE BY ME OR UNDER MY DIRECT SUPERVISION, THAT THE DRAWING SHOWN HEREON ACCURATELY DEPICTS THE PROPOSED LOCATION OF THE WELL GOLD 11-9OU THIS CERTIFICATE DOES NOT ��>>``r REPRESENT A LAND SURVEY PLAT OR IMPROVEMENT `��N0Q d E6/ 1` SURVEY PLAT AS DEFINED BY C.R S 38-51-102 AND `1� Q.A•• 7 0., 8�f'�iF CANNOT BE RELIED UPON TO DETERMINE OWNERSHIP.4Z` v .•�' kD E• 8,Q b� 9� V•v �s� 00 S� CHARD E BROOKS. PLS 20671 0 SE SEC 9 3Y." ALUM. CAP 500 1000 SCALE: 1=10W • • cr • 0 • y„ COLORADO LICENSED PROFESSIONAL LAND SURVEYOR //�� iel 4. FOR AND ON BEHALF OF P F S , LLC //Q/yd tI� Q ,mod NOTICE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THIS SAID DATE OF THIS CERTIFICATION SHOWN HEREON • • • I tt %_ P cn 16774 10 Z 4016 _ • - ysa• ti Vl�\ • y. • dOkoStOWD, •949 s4 r i tCt'• "`��_.. 1,95 t• • ark II. ''" DELORME •92 ._y, r . P•• ■ s • \ . J \ rJ •�a -.5 e .r l . Y , 44 • 1 r .'i—"116-- ■ 1 47A2 • •'-.= •— rte. • .GO 9DU K - • GREAT 4778. ■e. Romer --. ,I k • • : y r _ •__ _ v:a 4783• / Au .roo Plop. ) ,� 1 i'-„LI;1LL ■O army q.Z • O • J y •'t „.' il WLd7ERto • 14.7"` • r/ . r • • / / ■. ;71 • p t f— m 2002 DeLorme. 3-D TopoOt ado 6. Data copyright of content owner. www.oelorme.com 1. 14878 1' •14879.11 Seale 1 : 25.000 1' - 2080 11 .•640 so Yt. • • Petroleum Development Corporation September 16, 2008 A_ L. Gilbert and Company 8714 Highway 60 Johnstown, CO 80534 Attn: Mr. Dennis Trego Sent by Priority Mail Delivery Confirmation Requested Item No. 0308 0730 0000 0854 4059 Notice of Drilling Operations Well Names: Gold 9ADU, Gold 1 1-9DU Township 4 Nord*, Range 67 West, 6d' P. M. Section 9: Ctr NW/4, Ctr NW/4NW/4, Bottom Hole locations, respectively Section 9: NEI4NW/4 Surface Location (both wells) Weld County, Colorado Dear Mr. Trego: Reference is made to the March 12, 2008 Notice Letter sent you (similar to this one) covering the Gilbert 1 1-9U, and Gilbert 9 -AU proposed wells. As I have recently explained to you and Bill Wyatt, based on our agreement, we have decided to directionally drill the both of the captioned wells, which we renamed the Gold wells, from a common pad area near the existing GWS 2 well located in the NE/4NW/4 of Section 9. Since the prior notice letter (referenced above) showed these wells to be vertically drilled, not directionally drilled, and the well names were changed, lam sending you this new notice letter. Therefore, pursuant to Rule 305.b. (1), of the Rules and Regulations of the Colorado Oil and Gas Conservation Conunission ("COGCC"), Unioil, a wholly owned subsidiary of Petrotewn Development Corporation, Inc., ("PDC"), as Operator, hereby gives notice to you that it intends to commence operations for the drilling of a well or wells for oil/and or gas on the referenced lands no sooner than (30 days) from the date of this letter. As surface owner you have the responsibility for notifying any affected tenant of the proposed operations. As you know, we have already consulted with you concerning the proposed operation and location of production facilities, pipelines and roads. The well locations will be directional drilled as twins from the GWS 2 existing well. The locations have already been staked_ Should you have any questions regarding our operations, please feel free to contact me at (303) 517-3010. The attached survey copies depict the proposed well locations. Also attached is COGCC's brochure describing surface owner rights and responsibilities and a copy of the COGCC's Policy for Onsite Inspections_ Thanks for your cooperation. Sincerely, PETROLEUM DEVELOPMENT CORPORATION Fr- .,' 4 `/ 1 . Mac Neumann, Agent cc: Carrie Eggleston J & M Energy, Inc. CORPORATE OFFICE: Petroleum Development Corporation 120 Genesis Boulevard • PO Box 26 Bridgeport. WV 26330 304-842-3597 DENVER OFFICE: Petroleum Development Corporation 1775 Sherman Street. suite 3000 Denver, CO 80203 303.860.5800 EVANS OFFICE: Petroleum Development Corporation 3801 Carson Avenue Evans, CO 80620 970-506-9272 Consultation Form Rule 306 On tick, 12 Dec E the undersigned met with the Surface Owner (or Surface Owner designated Tenant) regarding good faith consultation pursuant to COGCC Rule 306. The parties discussed proposed well locations, proposed dimensions of well site, proposed Bowline route, proposed access mute, and proposed tank battery locations. Initial Consultation was completed for the following well described below; a copy of the attached map was provided to Surface Owner (or Surface Owner designated Tenant). Well Name: Gold 11-9DU Location: Bottom hole: NW/4NW/4 of Section 9, T4N-R67W, 6th P.M. Surface Location: NE/4NW/4 of Section 9, T4N-R67W, 6th P.M. County: Weld State: Colorado By: Print Name: Land Consultant • • Attached to and made apart of that Consultation Form dated /Va../ oL ' , )-CCEC Township 4 North Range 67 West Sec 9: NW/4NW/4 (BHL) Well Name Gold 11-9DU Weld County, Colorado cc: Carrie Eggleston Jim Annable ENSIGN Directional Well Name:Gold 11-9DU Surface Location: Gold 9ADU Pad c.9-T4N-R67W North American Datum 1983 , US State Plane 1983 , Colorado Northern Zone Ground Elevation: 4788.0 +N/-S+E/-W Northing Easting Latittude Longitude Slot 0.0 0.0 1364296.38 3167328.7040° 19' 54.624 N104° 53' 59.280 W Original Well Elev WELL @ 4801 Oft (Original Well Elev) _ J is. 8 5/8" 750— _ -- 1200 -- Start Build 2.00 1500—.1599 s - - Start DLS 2.00 TFO 46.72 - 2250—._. 2140 - - - Start 2826.3 hold at 2155.7 MD _. _. _.... c_ O _ 000— _.. _. 0 _ O m D3750 — To O - t - N 4'4500 __. N - 4835 F z Start Drop -2.00 5250— - - - _ 5700. — .. _ Stan 1600.0 hold at 58610 6000—_ _.. 6750-- __.. _. _.... 7300 _(- _ J TO at 7461.0 7500— .._. _ 111111 1111111 IIIIIi l l II 0 750 1500 2250 Vertical Section at 286.12° (1500 ft/in) PETROLEUM DEVELOPMENT CORP Weld County CO 800 — C_ O V 400- + t 0 Z L 0 O CO -400 BHL 663'FNL & 679'FWL TARGET GOLD 11-9DU BHL 663'FNL, 679'FWL LEGAL WINDOW 400' X 400' 663'FNL, 679'FWL Gold 11-9DU SHL 961'FNL & 1761'FWL III I I I I I IrI 1.l l F! III -1200 -800 -400 West( -)/East(+) (400 Win) 0 D to CD t 0 t 0 Z Great Western Sugar 2 (Exist.) Gold 11-9DU Gold 9ADU -65 0 West( -)/East(+) (65 Win) Azimuths to True North Magnetic North: 9.26° Magnetic Field Strength: 53385.2snT Dip Angle: 67.07° Date: 9/23/2008 Model: IGRF200510 WELLBORE TARGET DETAILS (LAT/LONG) Name TVD +N-5 +E/ -W Latitude Longitude Shape TARGET GOLD 11-9DU BHL 663'FNL, 679'FWL 5700.0 314.0 -1086.5 40° 19' 57.727 N 104° 54' 13.310 W Point LEGAL WINDOW 400' X 400' 663'FNL, 679'FWL 7300.0 314.0 -1086.5 40° 19' 57.727 N 104° 54' 13.309 W Rectangle (Sides: L400.0 W400.0 SECTION DETAILS Sec MD Inc Azi TVD +N/ -S +E/ -W DLeg TFace VSec Target 1 0.0 0.00 0.00 0.0 0.0 0.0 0.00 0.00 0.0 21200.0 0.00 0.00 1200.0 0.0 0.0 0.00 0.00 0.0 31600.0 8.00 260.00 1598.7 -4.8 -27.5 2.00 260.00 25.0 4 2155.7 17.58 287.69 2140.4 14.0 -145.9 2.00 46.72 144.0 5 4982.1 17.58 287.69 4834.8 273.4 -959.1 0.00 0.00 997.3 6 5861.0 0.00 0.00 5700.0 314.0 -1086.5 2.00 180.00 1131.0 TARGET GOLD 11-9DU BHL 663'FNL, 679'FWL 7 7461.0 0.00 0.00 7300.0 314.0 -1086.5 0.00 0.00 1131.0 A Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan LAFARGE AGGREGATES AGGREGATES & CONCRETE SPILL PREVENTION, CONTROL AND COUNTERMEASURE (SPCC) PLAN LAFARGE WEST, INC. Colorado Sweet Gold AC Storage Facility Johnstown, Colorado Original Date of Facility's Plan: 10/30/08 Date of Last Plan Amendment / P.E. Certification: Date of Last Plan Review: 10/30/08 Designated person responsible for spill prevention: TBD EMERGENCY TELEPHONE NUMBERS: (Immediate emergency, use Lafarge Crisis Management Plan and dial 911) Notification Contacts: 1. Jerimy Runner, Area Manager 2. Corey Hansen, Environmental Manager 3. Steve Burnside, General Manager Government Agencies: • Johnstown Fire Department • State of Colorado Dept. of Health & Environment • National Response Center • Weld County LEPC (Further spill response items on page 2) 970-556-0105 303-657-4330 303-657-4043 970-587-4477 (911) 1-877-518-5608 (toll -free) 1-800-424-8802 970-356-4015 1 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan Reportable Quantities: Any spill or overfill of petroleum products to the environment is reportable to the Lafarge Environmental Division if: • Quantities are unknown, and/or • The release is equal to or greater than 25 gallons, unless you can conclusively show the release was less than the reportable quantity, and/or • The release, in any amount, reaches or threatens to reach surface water, groundwater, dry gullies, or storm sewers, and/or • The release is a hazardous substance that exceeds 1 gallon, and/or • The release is less than 25 gallons, but cannot be cleaned -up within 24 hours. In the event of a spill of petroleum products: DO: • Enact Lafarge Crisis Management Plan, if appropriate • Shut off supply, stop leak (if possible) • Shut off ignition sources • Contain spill and/or dike ahead of spill • Call your supervisor and/or Lafarge Environmental Technical Services • Protect adjacent people, property, surface waters, and equipment from contact with spill • Follow MSDS for clean-up guidance • If the need arises, evacuate the spill area DON'T: • Do not smoke • Do not risk personal injury • Do not wash down spill with water • Do not try to hide spill Should a major release occur, use Lafarge Crisis Management Plan and have the following information available (See Attachment D): • Your name and phone number: • Date and time: • Site name, phone number, and address: • Description of release: o Material discharged o Estimate quantity discharged o Cause and source of discharge o Affected media o Any damages or injuries • Emergency response actions taken: o Actions to stop, remove, or mitigate discharge o Names of individuals and organizations contacted • Person responsible for spill prevention: 2 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan TABLE OF CONTENTS P.E. Certification and Management Approval Page 4 Certification of the Applicability of the Substantial Harm Criteria Checklist 5 Five -Year Review Plan Summary 5 Location of Plan Statement Spill Experience / History Introduction Facility Information General Description Fixed and Mobile Storage List General Requirements (40 CFR 112.7) Potential Equipment Failures Predictions Resulting in Spills Containment and Diversionary Structures Demonstration of Practicability Inspections, Tests and Records Personnel Training and Spill Prevention Procedures Security Tank Car and Truck Loading / Unloading Rack Facility Drainage Bulk Storage Containers Facility Transfer Operations, Pumping, and Facility Process FIGURES: 6 6 6 7 8 8 8 11 11 12 12 12 13 13 14 14 15 Figure 1. Facility Diagram 17 A. Substantial Harm Criteria Determination Checklist 18 B. AST Monthly Visual Inspection Form* 19 C. Spill Report Form 20 D. Integrity Testing Guidelines 21 REFERENCE DOCUMENTS: A. SPCC Session Training Records • * Completed Aboveground Storage Tank (AST) Monthly Visual Inspection Forms must be kept in separate location on site. 3 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan PROFESSIONAL ENGINEER CERTIFICATION 40 CFR 112.3 (d) CERTIFICATION: By means of this certification, I attest that I am familiar with the requirements of provisions of 40 CFR 112, that I or my designated agent have visited and examined the facility, that this SPCC Plan has been prepared in accordance with good engineering practices, including consideration of applicable industry standards, and with the requirements of this Part, that procedures for required inspections and testing have been established and that the Plan is adequate for the facility. Engineer: Registration Number: State: Colorado Signature: Date of Plan Certification: SPILL PREVENTION, CONTROL AND COUNTERMEASURE PLAN MANAGEMENT APPROVAL 40 CFR 112.7 I hereby certify that the necessary resources to implement this Plan have been committed. Steve Bumside General Manger Date 4 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA CHECKLIST (C -II Form) Please see Attachment A. FIVE YEAR REVIEW PLAN SUMMARY PAGE In accordance with 40 CFR 112.5(b), a review and evaluation of this SPCC Plan is conducted at least once every three years prior to August 16, 2002, and at least once every five years after August 17, 2002. As a result of this review and evaluation, you must amend your SPCC Plan within six months of the review to include more effective prevention and control technology if the technology has been field -proven at the time of the review and will significantly reduce the likelihood of a discharge. A Professional Engineer must certify any technical amendments. By signing the below table, the reviewer agrees that they completed the review and evaluation of the SPCC Plan, for the facility listed in the top left corner of this page, and the below comments are accurate. These reviews and evaluations are recorded below: Reviewer (signature) Reviewer (print) Date Comments P.E. Cert. Required * Completed a review and evaluation to have new plan be in compliance with regulation change. 5 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan A COMPLETE COPY OF THE SPCC PLAN IS MAINTAINED AT THE OFFICE OF THIS FACILITY PER 112.3 (e)(1). SPILL EXPERIENCE / HISTORY Description of Spill or Correction Actions Taken Plan for Preventing Release Recurrence No spills have occurred at this site since Lafarge purchased the property. NA NA INTRODUCTION Spill Prevention, Control, and Countermeasure (SPCC) plans for facilities are prepared and implemented as required by the U.S. Environmental Protection Agency (U.S.EPA) Regulation contained in Title 40, Code of Federal Regulations, Part 112, (40 CFR 112). A non - transportation related facility is subject to SPCC regulations if: the aggregate aboveground capacity of the facility exceeds 1,320 gallons (excluding those tanks and oil filled equipment below 55 gallons in capacity) or if the aggregate underground capacity of the facility exceeds 42,000 gallons (excluding those that are currently subject to all of the technical requirements of 40 CFR Part 280 or all of the technical requirements of state programs approved under 40 CFR 281); and if, due to its location, the facility could reasonably be expected to discharge oil into or upon the navigable waters or adjoining shorelines of the United States. An SPCC plan is not required to be filed with the EPA, but a copy must be available for on -site review by the Regional Administrator (RA) during normal working hours. The SPCC plan must be submitted to the US EPA Region 8 RA and the state agency along with the other information specified in Section 112.4 (a) if either of the following occurs: 1. The facility discharges more than 1,000 gallons of oil into or upon the navigable waters of the United States or adjoining shorelines in a single spill event; or 2. The facility discharges oil in quantities greater than 42 gallons in each of two spill events within any twelve-month period. The following spill information must be submitted to the RA within 60 days if either of the above thresholds is reached. This report is to contain the following information (112.4 (a)): 1. Name of the facility. 2. Name of individual submitting the information. 3. Location of the facility. 4. Maximum storage or handling capacity of the facility and normal daily throughput. 5. The corrective actions and/or countermeasures taken, including adequate description of equipment repairs and/or replacements. 6. Descriptions of the facility including maps, flow diagrams, and topographical maps. 6 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan 7. The cause(s) of such spill(s), including a failure analysis of system or subsystem in which failure occurred. 8. Additional preventive measures taken or contemplated to minimize the possibility of recurrence. 9. Such other information as the Regional Administrator may reasonably require that is pertinent to the plan or discharge(s). The SPCC plan must be amended within 6 months whenever there is a change in facility design, construction, operation, or maintenance that materially affects the facility's spill potential. The SPCC plan must be reviewed at least once every 5 years and amended to include more effective prevention and control technology, if such technology will significantly reduce the likelihood of a spill event and has been proven in the field. All such amendments must be re -certified by a registered professional engineer (PE). If the owners and operators of a facility that are required to prepare an SPCC plan and are not required to submit a Facility Response Plan, the SPCC plan should include a signed certification form, provided in Attachment A (per Appendix C to 40 CFR 112). FACILITY INFORMATION Name: Mailing Address: Street Address: Owner: Facility Contact: Owner Contact: Location: Johnstown AC Storage Facility Lafarge- Johnstown AC Storage Facility Lafarge West, Inc. 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 303-657-4000 TBD Meghan McDonald, Director of Environment 303-657-4000 7 Colorado Sweet Gold AC Storage Facility GL# SPCC Plan GENERAL DESCRIPTION The Lafarge Colorado Sweet Gold AC Storage facility will be used to store bulk quantities of asphalt cement (AC) for distribution to nearby Lafarge Asphalt plants. The AC tanks will be partially heated by circulated heat transfer oil, which allows for the highly viscous material to be pumped out of the bulk terminals and into delivery trucks. There will also be water heaters on site to warm pipes and lines in cold weather Deliveries of AC will occur between December and April between the hours of 7 am and 7 pm by an estimated 6 trucks per day. AC will be loaded and removed from the facility year round. Fixed and Mobile Storage f112.1 (d)(2)(ii)]: AST 1— AC Storage 1,200,000 gallons AST 2 — AC Storage 1,200,000 gallons AST 3 — Burner Fuel 14,000 gallons AST 4 — Diesel Fuel 10,000 gallons HTO1 — Heat Transfer Oil tank and lines —4,000 gallons Total regulated oil storage capacity: —2,428,000 gallons 40 CFR 112.7 GENERAL REQUIREMENTS 112.7 (a)(1) This facility is in complete conformance to the SPCC Regulation, which became effective on July 17, 2002. 112.7 (a)(2) In complying with all applicable requirements of the SPCC Regulation, no deviations were employed or claimed in this Plan. 112.7 (a)(3) See the Facility Diagrams in Figure 1 for the location of the tank and general arrangement of the facility. Also provided on this diagram are the storm water flow directions (and spilled oil paths). As required under this section, the facility diagram indicates the location and contents of each container. 112.7 (a)(3)(i) The main oil storage area is located east of the plant, within the pit. Fuel and oils are delivered to the facility via a delivery contractor using tanker trucks. Drum storage includes approximately seven 55 -gallon drums of oils, which are stored on spill pallets within two semi trailers that serve as adequate secondary containment. All mobile equipment is parked within the site in such a manner that no spills would leave the property (areas designated on map). Detailed tank listing is shown in J112.1(d)(2)(ii)] 8 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan Sources of oil and diversionary or containment structures are situated in such a way that spilled material could not leave the site or reach navigable waters. Oil storage at the time of this plan is based on observations made at the site, but in the future amounts may fluctuate due to the number of drums stored on -site. 112.7 (a)(3)(ii) The site uses several measures to prevent storm -water runoff or spills and other pollution from reaching the navigable waters of the United States. Those measures include both structural and non-structural controls. Cleanup materials and supplies shall be kept stocked and shall be located near all oil -storage and handling areas. At least one person, whether a Lafarge attendant or a delivery contractor, shall be continuously present during all fueling and oil -transfer operations. Oil -storage tanks shall be checked routinely to establish the volumes of materials in storage at the facility. All piping connections shall be properly secured and inspected before transfer pumps are turned on. Drivers shall conduct visual inspections before departure; the inspections shall include a close examination of the lowermost drain and all outlets to ensure that caps are tight and properly adjusted, and that they will prevent liquid discharges while in transit. Fuels and oils shall be poured or pumped carefully to prevent spilling and over -filling. Employees shall visually inspect the area following all fueling and oil -transfer activities. Lafarge employees shall promptly clean up drips and small spills. 112.7 (a)(3)(iii) Loading and unloading of fuels occurs mostly within the loading area. The site is graded so that any spills would flow to the South and West. A compacted berm is installed to prevent any material from leaving the property. Drainage is such that all spilled material would remain on site. Around the heat transfer storage lines, there will be a paved area with a curb to serve as containment for a leak or rupture of the Heat Transfer Oil lines. 112.7(a)(3)(iv) The facility's countermeasures for discovery of a discharge will ensure rapid discovery of leaks or spills. They are based on awareness training, inspections, and site security. The facility's countermeasures for response to a discharge are designed to ensure rapid and appropriate responses to leaks or spills and that the health and safety of employees and the public are protected. They are based on response training, Lafarge's internal notification procedures, and ensuring that access to the spill area is restricted. Emergency -Response Contractors have been established and agreements include approved emergency -response contractors to deal immediately with large spills. Spill kits are utilized to clean-up minor spills. The facility's countermeasures for cleanup of a discharge will ensure that all areas and media affected by the spill are identified, that the health and safety of employees and the public are protected, and that the cleanup actions will protect the quality of surface and groundwater resources. 9 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan 112.7(a)(3)(v) Materials recovered during spill cleanup must be properly contained until it is determined whether they can be recycled through on -site processes or disposed of offsite. The decision between the two will depend on the types and quantities of fuels or oils spilled; types and quantities of materials recovered during cleanup (i.e., contaminated soil or water); and concentrations of oil products in the recovered materials. Offsite disposal of contaminated materials may be recycled through a nearby Lafarge hot plant, through a vendor, or an appropriate landfill. The Lafarge Management (Operations OR Environmental) must pre - approve all disposals of spill cleanup materials. 112.7 (a)(3)(vi) See the cover page of this Plan for the spill notification contacts. The clean-up contactors to be utilized to handle large spills will be: Environmental Resources Management (ERM) Water and Waste Engineering, Inc. Safety-Kleen Lafarge Environmental Group National Spill Response Center State Response Center 112.7 (a)(4) See Pages 1 & 2, and Attachment C, Discharge Report, which must be filled -out prior to reporting a spill report to the proper notification contacts. The Lafarge Crisis Management Plan and the first two pages of this Plan should be followed when responding to an oil release. The Discharge Report will help remind the operator of the information which must be furnished. 303-741-5050 303-292-3503 303-761-1365 505-328-0470 (C. Hansen) 303-807-2973 (M. McDonald) 1-800-424-8802 1-877-518-5608 40 CFR 112.7 (b) POTENTIAL EQUIPMENT FAILURE PREDICTIONS RESULTING IN SPILLS: Aboveground Stora e e Tanks AST 1 —Asphalt Cement AST 2 — Asphalt Cement AST 3 — Burner Fuel AST 4 — Diesel HTO 1 — Heat Transfer Oil Facilit Loading/Unloadin. O.erations Tanker truck unloading 1,200,000 gal 14,000 gal 10,000 gal -4,000 gal —500 gal/hr -500 gal/hr 14,000 al/hr 10,000 al/hr -4,000 al/hr South West South West South West South West South West Greater than 110% of larest compartment Greater than 110% of lar.est compartment Greater than 110% of lar.est compartment Greater than 110% of larest compartment Greater than 110% of larest compartment Site grading and berms; AC will solidi u.on reachinambient tem.s Site grading and berms; AC will solidi u.on reaching ambient tem.s Double Walled tank Double Walled tank Concrete containment Rupture, leakage, overtillin 3,000 gal. 3,000 gal/hr West Greater than 110% of largest compartment Surface Depression 10 Colorado Sweet Gold AC Storage Facility GL /OW SPCC Plan 40 CFR 112.7 (c) CONTAINMENT AND DIVERSIONARY STRUCTURES 112.7 (c)(1) (i-iii) ASTs 1-2 are bulk Asphalt Cement (AC) storage tanks. Asphalt Cement is a highly viscous liquid that will reach near solid states at ambient temperature. Only a small portion of the tank is warmed so only a small portion of the AC will be in a state that could potentially release from the tank. The natural side grading slopes to the South and West. A compacted berm will be placed along these edges of the property. The berm will adequately prevent the AC from leaving the property, and the natural property of the chemicals prevent it from infiltrating into the ground. ASTs 3-4 are both double walled tanks. AST -3 will hold Burner Fuel that will be used to fuel the heater to heat the Heat Transfer Oil. AST -4 will hold Diesel Fuel to be used for a small heater to warm the transfer lines of the AC tanks. Sands, absorbent materials, and various spill kits are located within a reasonable distance to of the oil storage locations onsite. The generator and loaders operate within the pit at all times, which will ensure that spills will remain in the pit area. The entire amount of any release would be contained within the site boundaries, even during a severe storm. See the facility diagram on Figure 1 for the stormwater / oil flow directions. 112.7 (c)(1)(iv) A berm will be placed along the West and South property boundary 112.7 (c)(1)(v) NA 112.7 (c)(1)(vi) NA 112.7 (c)(1)(vii) Spill kits are located by the fuel containment areas. Two -hundred and sixteen feet of boom sections, eight 2x2 foot pillows, and fifty 16x20 inch absorbent pads OR 40 feet of boom sections and 100 16/20 inch heavy oil only absorbing pads are generally stored within the spill kit. Additionally, stockpiles of sands or absorbent stockpile material are standard inventory for the facility. These inventories are replenished if used. 112.7 (c)(2)(i-ii) Off -shore facility references are not applicable. 40 CFR 112.7 (d) DEMONSTRATION OF PRACTICABILITY Lafarge management has determined that the use of the containment and diversionary structures and the use of readily available spill equipment to prevent discharged oil from reaching navigable water, is practical and effective at this facility. 40 CFR 112.7 (e) INSPECTIONS, TESTS AND RECORDS 11 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan Daily visual inspections consist of a walk-through of the facility to check the following: piping, equipment and tanks for leakage, soils for staining and discoloring. The checklist provided in Attachment B is used during monthly inspections. The items covered in the inspections are performed in accordance with API standards and good engineering practices. This written monthly report (checklist) is prepared, signed by the inspector, and the original copies are maintained on file for three years. 40 CFR 112.7 (1) PERSONNEL TRAINING AND SPILL PREVENTION PROCEDURES 112.7 (fl(1) Oil handling personnel have been instructed by management in the operation and maintenance of equipment to prevent discharges, to follow discharge procedure protocols, applicable pollution control laws, rules, and regulations, and general facility operations, and to understand the contents of their SPCC Plan. 112.7 (f)(2) The Facility Manager, see Page 1, is accountable for spill discharge prevention at this facility. 112.7 (fl(3) Yearly spill prevention briefings are provided by management for operating personnel to ensure adequate understanding of the SPCC plan. These briefings highlight any past spill events or failures and recently developed precautionary measures. Training includes oil spill prevention, containment, and retrieval methods. Records of these briefings and spill prevention training are kept at the Church Ranch office and may be available on site in the Environmental Training Binder. 40 CFR 112.7 (g) SECURITY 112.7 (g)(1) The site will use a combination of fences and natural boundaries as a means for site security. 112.7 (g)(2) The master flow and drain valve are locked in the closed position when in non -operating or standby status 112.7 (g)(3) Starter valves will be locked in the 'off position on each oil pump when tank is not in use, and will be located in an area with restricted access. 112.7 (g)(4) The loading and unloading connections of oil pipelines or facility piping are capped when not in service or when in standby service for an extended time. 112.7 (g)(5) Operations are contained within the property boundary. Sufficient lighting is maintained at the facility during operating hours. 12 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan 40 CFR 112.7 (h) TANK CAR AND TRUCK LOADING / UNLOADING RACKS 112.7 (h)(1) There is adequate loading / unloading area at this facility. Sufficient containment exists for any spills on the site. This includes containment and site grading 112.7 (h)(2) Warning signs are utilized at the loading / unloading racks to prevent premature vehicular departure, where applicable. 112.7 (h)(3) The lower -most drain and all outlets on tank trucks are inspected for leaks prior to departure. All deliveries and transfers of oil products are supervised by at least one person. Rail tank cars are not utilized in this facility. 112.7 (i) There are no field constructed ASTs at this facility. 112.7 0) There are no other prevention standards that are required to be followed, including other prevention and containment procedures listed in 40 CFR 112 or any applicable state or local rules, regulations or guidelines. 40 CFR 112.8 (a) GENERAL REQUIREMENTS The general requirements for the plan under the regulation have been met. 40 CFR 112.8 (b) FACILITY DRAINAGE 112.8 (b)(1) Drainage from the oil storage areas at the facility is not discharged off property. The facility has stormwater or process water discharge permits that require regular inspections of all discharges for oils or sheen. 112.8 (b)(2) Not applicable; no flapper -type drain valves used to drain diked areas. 112.8(b)(3) Spills outside of containment areas will flow by gravity to areas where oil will be retained by berms or within site until it can be pumped out. 112.8 (b)(4) & (5) Not applicable 13 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan 40 CFR 112.8 (c) BULK STORAGE CONTAINERS 112.8 (c)(1) The existing bulk -storage containers have been, and any new containers shall be, constructed using materials, methods and standards that are appropriate for the types of oil stored in them and for the conditions under which the materials are stored (e.g., pressure and temperature). 112.8 (c)(2) All bulk storage tanks are provided with secondary containment structures. If a spill occurs, drainage to shallow depressions on the site would detain the spill until it could be cleaned up. Mobile equipment is stored within the property boundary, where all material would remain onsite in the event of a spill until material could be properly removed. 112.8 (c)(3) No bypass valves are present in the containment areas. 112.8 (c)(4) & (5) There are no buried or partially buried underground storage tanks at this facility. 112.8 (c)(6) As required and deemed necessary, Lafarge shall implement the integrity -testing protocols presented in Attachment D for bulk storage containers and ancillary equipment. All aboveground bulk storage containers for fuels, oils or oil products shall be included in the integrity -testing program. The facility does not have any piping that is subject to integrity testing requirements. As required and deemed necessary, integrity testing shall be performed on a regular schedule, and following all material repairs or modifications. Appropriate repairs shall be undertaken whenever a tank or other equipment fails an integrity test. Records of all integrity testing shall be kept with this Plan. Visual inspections are performed regularly according to the procedures, and include inspection of tank supports and foundations. Inspections are recorded on a monthly basis and are maintained for 3 years. 112.8 (c)(7) The facility will utilize internal heating coils, however no steam return flow will discharge into an open water course. Steam return and will be examined for evidence of contamination during the monthly AST inspections. 112.8 (c)(8) The bulk AC storage tanks, AST 1 and 2, will be visually checked to determine their available capacity. Due to the nature of the chemical, fast response systems are not yet feasible or reliable. AST 3 is a double walled tank equipped with visual gauges. AST 4 is a double walled tank and also equipped with visual gauges. HTO-1 is a closed system and oil is not regularly added to the system. . Lafarge's procedure calls for least one person be present during the material delivery to immediately stop product flow in the event of an overfill incident. Additionally, at each of these tanks, the individual filling the tanks must manually "stick" the tanks or document the clock gauge reading to ensure they can hold the entire delivery load. 14 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan 112.8 (c)(9) The site does not have an effluent treatment system. 112.8 (c)(10) Hydrocarbon leaks which result in a loss of material from tanks will be promptly corrected and cleaned. 112.8 (c)(11) The only mobile bulk storage associated with the facility is the 55 -gallon drums and mobile equipment. All of these containers are positioned or stored overnight on the site to prevent a discharge to navigable waters. 40 CFR 112.8 (d) FACILITY TRANSFER OPERATIONS, PUMPING, AND FACILITY PROCESS 112.8 (d) (1) This facility does not have buried piping. 112.8 (d)(2) Pipelines not in service or on standby for an extended period (over 3 months) are capped or blank flanged and marked as to their origin. 112.8 (d)(3) Pipe supports are designed to minimize abrasion and corrosion and to allow for expansion and contraction. 112.8 (d)(4) Aboveground valves and appurtenances are examined regularly to assess their condition and written records are kept on a monthly basis. 112.8 (d)(5) A sign will be posted at the site entrance to warn drivers of the danger of overhead pipes. Roadways will be laid out to keep delivery trucks a safe distance from overhead lines. 40 CFR 112.9, 112.10, 112.11 & SUBPARTS C & D Not applicable. 15 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan Figure 1 16 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan ATTACHMENT A CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA CHECKLIST Facility Name: Riverbend Pit Facility Address: 12673 Weld County Road, Fort Lupton, CO 80817 1. Does the facility transfer oil over water to or from vessels and does the facility have total oil storage capacity greater than or equal to 42,000 gallons. Yes No 2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and does the facility lack secondary containment that is sufficiently large to contain the capacity of the largest aboveground oil storage tank plus sufficient freeboard to allow for precipitation within any aboveground oil storage tank area? Yes No 3. Does the facility have a total capacity greater than or equal to 1 million gallons and is the facility located at a distance (as calculated using the formula in Attachment C -III, Appendix C, 40 CFR 112 or a comparable formula) such that a discharge from the facility could cause injury to fish and wildlife and sensitive environments? For further description of fish and wildlife and sensitive environments, see Appendices I, II, and III to COC/ NOAA's "Guidance for Facility and Vessel Response Environments" (Section 10, Appendix E, 40 CFR 112 for availability) and the applicable Area Contingency Plan. Yes No 4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a distance (as calculated using the appropriate formula (Attachment C -III, Appendix C, 40 CFR 112 or a comparable formula) such that a discharge from the facility would shut down a public drinking water intake? Yes No 5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 5 years? Yes No I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document, and that based on my inquiry of those individuals responsible for obtaining this information, I believe that the submitted information is true, accurate and complete. Name: Meg McDonald Title: Director of Environment Signature: Date: ATTACHMENT C 17 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan SPILL REPORT FORM (Use Pages 1 & 2 of this Plan while filling out this Sheet) 1 Date: 2 Time: 3 Your name and title: 4 Facility name: 5 Facility address: 6 Facility phone numbers: Type of product discharged or spilled: 8 Estimate quantity discharged: 9 Cause and source of discharge: 10 Affected media: 11 Any damages or injuries as a result: 12 Emergency actions taken to stop, remove or mitigate discharge: 13 Names of individuals or organizations contacted: 14 Person responsible for spill prevention: 15 Other Remarks: 18 Colorado Sweet Gold AC Storage Facility GL ### SPCC Plan ATTACHMENT D INTEGRITY TESTING ATTACHMENTS As required and deemed necessary, Lafarge will perform integrity testing on oil containing Aboveground Storage Tanks (ASTs). The tests will be performed on a regular schedule and whenever material repairs are made. This testing will use one of the following testing methods such as hydrostatic, radiographic, ultrasonic, acoustic emissions, or another system of non- destructive shell testing. Lafarge will perform ultrasonic shell testing as the method used for testing the ASTs integrity. Lafarge will likely use an A&D Company's Ultrasonic Thickness Gage (AD -3253) or an equivalent ultrasonic device. The testing will be performed on a regular schedule that will be based upon the condition and age of the each AST. The records of integrity testing will be kept with this plan. 19 f J LAFARGE AGGREGATES AGGREGATES & CONCRETE Environmental DUST CONTROL PLAN Lafarge Colorado Sweet Gold AC Storage Facility Johnstown, Colorado October 2008 Site Information Facility Name: Facility Address: Emergency Contact: Phone: Backup Emergency Contact Phone: General Operation Schedule: Colorado Sweet Gold AC Storage Facility TBD Jerimy Runner 970-556-0105 Kevin Garcia 303-601-0431 Deliveries will occur between 7:00 am and 7:00 pm The AC storage tanks will be filled between December and April of each year. AC product will be removed and delivered to other Lafarge facilities throughout the year. SECTION 1 Description of Industrial Activities This fugitive dust plan (FDP) has been prepared for the Lafarge Johnstown AC Storage facility. Two bulk Asphalt Cement (AC) storage tanks are stored on site. There will also be a storage tank for reformulated waste oil, also known as burner fuel. This will be used to heat oil that will be circulated to warm the AC. AC and burner fuel will be delivered to the site regularly. AC will also be loaded into trucks and removed from the site as needed. While the site will not be required to obtain an air permit, fugitive dust controls will be implemented to manage emissions. There will be no point sources of dust on the property Lafarge — AC Storage Facility Johnstown, Colorado Fugitive Dust Plan Page 2 of 3 SECTION 2 FDP Administration Team Team Members Responsibilities Name: Jerimy Runner Title: Area Manager Phone: 970-556-0105 - Assist in plan development - Facility inspections and compliance - Employee Training Name: Corey Hansen Title: Environmental Manager Phone: 303-657-4330 - Complete and update plan - Update plan as informed of changes - Assist in implementation, maintenance, and revision of the site - Employee Training Name: Meghan McDonald Title: Director of Environment Phone: 303-657-4148 - Develop and implement BMPs for regional fugitive dust management - Manage pollutant issues NOTE: Any team member may designate other trained personnel to conduct a facility inspection. SECTION 3 Identification of Potential Pollutants Potential sources of fugitive dust emissions at this facility will be the initial dirt work and site grading until the site design is completed. Once it is operational, the only source of fugitive dust will be attributed to haul road emissions Best Management Practices The following best management practices will be implemented to minimize fugitive dust: •During periods of site grading a sprinkler system or water truck will be utilized •As deemed necessary, a water truck or alternative water source will be used to minimize dust from haul roads. Another option will be to apply crushed Rip - Rap to the road to minimize dust. Lafarge — AC Storage Facility Johnstown, Colorado Fugitive Dust Plan Page 3 of 3 Name: Colorado Sweet Go LC REFERRAL LIST • Case #: SPR-427 County _Attorney x Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works Housing Authority Airport Authority x Building Inspection x Code Compliance Ann x Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State _Div. of Water Resources _Geological Survey _Department of Health x Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) x North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial x Greeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs _USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault x Berthoud Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson x Johnstown _Keenesburg _Kersey LaSalle Lochbuie _Longmont Mead x Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other School District RE - _Central Cola Water Cons RR x Consolidated Hillsboro Ditch Company Art Elmquist (MUD Area) Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 Brighton F-3 Eaton F-4 Fort Lupton F-5 Galeton F-6 Hudson F-7 x Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Commissioner South Hwy 66 (Loveland) _Northglenn North Hwy 66 (Greeley) (°zj �r,,(o _Nunn _Division of Minerals/Geology p _Pierce Soil Conservation Districts _Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial Counties Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Platteville Severance Thornton Windsor Federal Government Agencies _US Army Corps of Engrs _USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Other School District RE- _ _Central Colo. Water Conservancy Dist RR Ditch Company,( orJoL -1s-9 Art Elmquist (MUD Area) /1ycu16C/Id or*G Commissioner Name: C)to. i Sit/C r csi_inty Attorney Health Department _Extension Office Emergency Mgt Office - Ed Herring Sheriffs Office Public Works _Housing Authority Airport Authority Building Inspection Code Compliance S. -Beth CKim Ogle (Landscape Plans) Lin (Addressing Change of Zone) Ambulance Services • REFERRAL LIST • o Case #: see - tiff C,, in c, €w-(:. Towns & Cttles Fire Districts _Ault Ault F-1 ixBerthoud _Berthoud F-2 Brighton _Briggsdale F-24 _Dacono Brighton F-3 _Eaton _Eaton F-4 _Erie _Fort Lupton F-5 _Evans Galeton F-6 _Firestone _Hudson F-7 _Fort Lupton Johnstown F-8 Frederick _LaSalle F-9 _Garden City _Mountain View F-10 Gilcrest Milliken F-11 _Greeley Nunn F-12 _Grover _Pawnee F-22 State _Hudson Platteville F-13 Div. of Water Resources pClohnstown _Platte Valley F-14 Geological Survey Keenesburg Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 ILDepartment of Transportation _LaSalle Southeast Weld F-16 _Historical Society _Lochbuie Union Colony F-20 _Water Conservation Board Longmont Wiggins F-18 _Oil & Gas Conservation Commission _Mead _Windsor/Severance F-17 Milliken Division of Wildlife New Raymer Legal Pr I) 2 `l— <1-C7 Parcel ID # 16 $ `j Oct / coo 27 Zone I. Acres? I et) a Pa l alMd Airport Al Geo Haz {4) FP? ,k/3 Panel # IGA? NZ) ORD # MUD? No P • IIIIIDe COLORADO Weld County Referral December 15, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Sweet Gold LLC Case Number SPR-427 Please Reply By January 15, 2009 Project Site Plan Review Legal Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 'A mile east of CR 17 and south of and adjacent to State Highway 60. For a more precise location, see legal. Planner Jacqueline Hatch Parcel Number 1059 09 100027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Di �We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: LipO,11 A__11/ Ito &17tpekt &le/Oil-AB ?pi 1,M. all an; Jolt/ ,7isYCn! Signature Agency /.2-/& -Of Date 4Weld County Plannin ept. 4,4209 CR 24.5, Longmont, CO. 80504 4*(720) 652-4210 ext.8730 4(720) 652-4211 fax 01/15/2009 12:08 970586 40ir' ° COLORADO MILLIKEN PAGE 02/02 • Weld County Referral December 15, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Sweet Gold LW ' Case Number SPR-427 Please Reply By January 15, 2009 Project Site Plan Review Legal Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colorado. Planner Jacqueline Hatch Location Approximately % mile east of CR 17 and south of and adjacent to State Highway 60. For a more precise location, see legal. Parcel Number 1059 09100027 • The application Is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have anyfurther questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: �11 x//47 f4te,dh/ 4",,1vr,tsro-h Th.P�/ /1ut.< no fld lit°,va LI a4gnp,nis_ 1leA 7141 Signature Agency Date +Weld County Planning Dept. 04209 CR 24.5, Longmont, CO. 80504 4(720) 6524210 ext8730 0(720) 6524211 tax israriR planning DePe 1111D Weld DG ntY p an DFFICE eld County Referral CJAN 7° December 15, 2008 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Sweet Gold LLC Case Number SPR-427 Please Reply By January 15, 2009 Project Site Plan Review Legal Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately Y: mile east of CR 17 and south of and adjacent to State Highway 60. For a more precise location, see legal. Planner Jacqueline Hatch Parcel Number 1059 09 100027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature ' nn n ��'/ /9/ell Agency deslantin L J llh'S, to eT Da(e +Weld County Planning Dept. ••4209 CR 24.5, Longmont, CO. 80504 ❖(720) 652-4210 ext.8730 t(720) 652-4211 fax Weld County Planning Department GREELEY OFFICE tft,(1(r WIWDe. COLORADO MEMORANDUM SEP P2?rmfl RECEIVED TO: Kim Ogle, Planning Services FROM: Don Dunker, P.E., Public Works SUBJECT: SPR-427 Colorado Sweet Gold — Lafarge NC Storage Facility DATE: September 1, 2009 Comments made during this stage of the review process will not be all-inclusive, as revised materials are submitted other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: Public Works received a Final Drainage Report August 21, 2009, dated August 12, 2009 prepared for Lafarge North America for a site labeled Colorado Sweet Gold, prepared by Tetra Tech stamped, signed and dated by a Colorado licensed Engineer, stamp number 25736. REQUIREMENTS: Drainage Report: 1. Explain the swales and the location of each one in the narrative. Appendix D: 2. Include asphalt calculations for the 300' of pavement from the CDOT roadway SH60, 300' into the site per Site Plan drawing General note 4 of the plan set. Update the percent imperviousness on all applicable sheets within the drainage report. 3. Label the Storm Pipe Runoff Calculations the same as the drainage maps. 4. Show and label the design points on the drawings and include the calculations within the drainage report. Appendix E: 5. Please explain how the allowable spillway release values were derived. Appendix F: 6. Calculate for the bare soil condition n=.020 and vegetated state n=.030 for all swales. 7. Please label the calculation sheet as to what part of the drainage facility is being evaluated. 8. Explain the riprap and its location in the narrative. 9. On the riprap calculation sheet remove the reference to Boulder County specifications they are not acceptable within Weld County. 10. Please address all redlines within the drainage report. Drainage Report Drawings and Construction Drawings: 1. No construction drawings for this project have been submitted for review; please submit the construction drawings with the next submittal. 2. Label the asphalt portion of the access driveway; include the hatch line in the legend. 3. Label the double cattle guards; include the symbol within the legend. Provide a cattle guard detail. 4. What is the material of the 143.53 -feet 14" x 23" elliptical culvert, include on the drawings. 5. Provide a profile view of the 143.53 -feet 14" x 23" elliptical culvert. 6. Label the swales on the drawings, provide the calculations for the swales, and show a cross-section view of each swale. 7. Show and label the grouted riprap. 8. What is the material of the pond outlet pipe label it in the plan view? 9. Provide a profile view of the pond outlet pipe. 10. Provide a profile view of the pond and spillway. 11. Provide a detail of the outlet end of the outlet pipe. 12. Provide a cutoff wall under all outlet pipes and FES include a detail. 13. Provide grouting details and notes. 14. Provide and show riprap plus the details. 15. Provide the concrete and rebar notes and callouts. 16. Provide cross sections of the access road for the paved and unpaved areas. 17. Provide a grading plan for construction and include erosion control notes and placement on the plans plus details. 18. Please dimension the outlet structure. 19. Please provide a riprap gradation. 20. Please address all redlines comments on the drawings. 21. All drawing sheets shall be stamped, signed and dated by a licensed Engineer able to practice within the State of Colorado. Plan site drawing: 1. Please show the final grading on the drawing and label the existing and proposed contours. 2. Label the pipe across the AC Storage drive and show the riprap at both ends of the pipe. 3. Label and show the riprap at the pond outlet plus label the outlet pipe. 4. Label and show the detention pond emergency spillway. 5. Add the text "No Build Area" under the detention pond label. 6. Include the detention pond 100-yr WSEL, pond volume, and 5-yr historic release rate. 7. Add note number 5 under General Notes: "Weld County is not responsible for any maintenance of the drainage facilities." 8. Please address all redline comments. Upon resubmittal of updated documents please resubmit all redlined reports, plans and drawings. pc: pc and email: email, redlines post: email: SPR-427 v Kim Ogle, Planning Services Applicant's Engineer - Steve Jenkins — Tetra Tech - steve.jenkins@tetratech.com Applicant's Planner — Pam Hora — Tetra Tech— pam.horaCa?tetratech.com M -\PLANNING - DEVELOPMENT REVIEVASPR-Site Plan Review\SPR-427 Colorado Sweet Gold \SPR-427-082809-2 review comment Drainage Report.DOC 2 WIWDe. COLORADO MEMORANDUM Weld County Planning Department GREELEY OFFICE JI IIfll ?P0.? RECEIVED TO: Jacqueline Hatch, Planning Services DATE: July 6, 2009 FROM: Don Dunker, P.E., Public Works SUBJECT: SPR-427 Colorado Sweet Gold — Lafarge A/C Storage Facility, Drainage Report comments only The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: Public Works received a Final Drainage Report June 12, 2009, dated June 12, 2009 prepared for Lafarge North America for a site labeled Colorado Sweet Gold, prepared by Tetra Tech stamped, signed and dated by a Colorado licensed Engineer, stamp number 25736. Comments made during this stage of the review process will not be all-inclusive, as revised materials are submitted other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. REQUIREMENTS: Drainage Report: Page 1 under 2.0 Inlet change preliminary to final. Please have basin A2 report to the detention pond. It appears that you have added the Water Quality Capture Volume (WQCV) to the detention pond volume, the County allows the WQCV to be include within the 100-yr detention pond volume. If all the portions of basin A2 cannot he captured in the pond this extra water quality volume may help offset the require volume for basin A2. Please explain in the narrative. Appendix D, Page 2, include the first 300' x 24' of asphalt off State Highway 60. This asphalt is required to prevent mud tracking onto the State Highway system. Please show this on the site plan, sheet D1, and on the construction drawings. Appendix E, Page 2, the Tc value in the Design Information (input) section should be 14.2 minutes, please correct. Appendix E, Page 7, the staged water elevation does not show a release rate of 1.01 cfs, please correct. Appendix E, Page 9, please provide calculations to show how the riprap will hold up to constant irrigation flows, grouting the riprap may be an option. Include this in Appendix F, Culvert/Riprap sizing section too. Appendix E, Page 10, Discharge should match maximum 100-yr flow rate. Drawing Sheet Dl: List the 100-yr water surface elevation. Include the top of spillway weir elevation on the drawing. pc: SPR-427 pc and email: Jacqueline Hatch email: Applicant's Engineer - Steve Jenkins —Tetra Tech - steve.jenkins@tetratech.com M:\PLANNING — DEVELOPMENT REVIEw\SPR-Site Plan Review\SPR-427 Colorado Sweet Gold\SPR-427-070209-1 review comment Drainage Report. DOC 2 COLORADO • Weld -.county Referral DEC 1 6 2008 The Weld County Department of Planning Services has received the following item for review: December 15, 2008 Applicant Colorado Sweet Gold LLC Case Number SPR-427 Please Reply By January 15, 2009 Project Site Plan Review Planner Jacqueline Hatch Legal Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately %2 mile east of CR 17 and south of and adjacent to State Highway 60. For a more precise location, see legal. Parcel Number 1059 09 100027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does /does not comply with our Comprehensive Plan ❑ e have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency //4 /i/ 1 K Date ,Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO. 80504 3(720) 652-4210 ext.8730 4(720) 652-4211 fax r Weld County Planning Department GREELEY OFFICE fig WIk COLORADO MEMORANDUM JAN 19'nna RECEIVED TO: Jacqueline Hatch, Planning Services DATE: January 16, 2009 FROM: David Snyder, E.I., CFM, Public Works e, SUBJECT: SPR-427, Colorado Sweet Gold The Weld County Public Works Department has reviewed this proposal. Comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS AND REQUIREMENTS: The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 60) Please add the following statement to the plat: "Weld County will not be responsible for the maintenance of drainage related facilities". Entrance radii needs to be enlarged to 60' to accommodate large truck traffic. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: SPR-427 The applicant shall address the comments listed above for this review process. Comments made during this stage of the review process may not be all-inclusive, as revised materials must be submitted and `other concerns or issues will arise during further review. Issues of concern must be resolved with the Public Works Department prior to recording. M:\PLANNING - DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-427 Colorado Sweet Gold\SPR-427.DOC stems W�`Pe COLORADO MEMORANDUM TO: J. Hatch, Planner DATE: December 15, 2008 FROM: K. Ogle, Planning Services/ SUBJECT: Lafarge West, Inc. Colorado Sweet Gold, LLC, Applicant Landscape Referral — SPR-427 The Department of Planning Services reviewed the above referenced Use by Special Review documentation and drawings and offers the following comments: The Site Plan Review Plat shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. In addition to these requirements, the plat scale of 1" = 60 feet is acceptable, with the Vicinity Map delineated at a scale of 1" = 2000 feet. This application shall be in compliance with Section 23-3-350 and is address in the following comments, as applicable. Section 23-3-350 addresses the Design Standards applicable to this proposed facility. Per Section 23-3-350.B, the applicant shall delineate all areas associated with outdoor storage. These areas shall be screened from adjacent properties and public rights -of -way. The applicant shall delineate an opaque visual screen on all sides of the property to mitigate the potential negative impact and aesthetic concerns on surrounding properties. Section 23-3-350.G addresses the Required Landscape areas. The SPR Plat has not identified areas for landscape treatment. Given the type of facility, Staff will not request a Landscape Plan for this facility. Staff does request that all areas disturbed by construction activities including pipeline placement be drilled with an appropriate seed mix to limit the potential on -site erosionary processes. The seed mix, prepared by a professional/ consultant seed company or government agency shall be submitted for review and approval prior to recording the SPR Plat. Section 23-3-350.H addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. This fence enclosure structure shall be delineated on the SPR Plat. Section 23-3-360 addresses Operation Standards. The applicant shall address the issue of noise, air quality, water quality, radiation and radioactive material, heat light, and property maintenance. Section 23-3-360.A addresses noise. The Department of Public Health and Environment will regulate the maximum permissible noise levels allowed for this facility. Section 23-3-360.F addresses the issue of on -site lighting, including security lighting if applicable, this section, states "any lighting ... shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties...." Staff shall require a Lighting Plan be submitted for review and approval prior to recording the SPR Plat. Section 23-3-360.G addresses property maintenance. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/ landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. All other operation standards including, the proposed point of ingress and egress associated with this facility should be further explored with the Weld County Department of Public Works and the railroad, specific to the appropriate distances between rail tracks and access onto a State Highway. All other operation standards will be addressed by other referral agencies as warranted. The applicant shall delineate all on -site signs. The signs shall adhere to Article IV, Division 2 of the Weld County Code. Further, the location of the signs shall be delineated on the SPR Plat. All structures, including signs, on site must obtain the appropriate building permits and be outside of the site distance triangles. The applicant shall consider painting the AC storage tanks in a buff color palette or other acceptable color as approved by the Department of Planning Services. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation and non - transportation components as required. The Department of Public Works will address additional requirements as warranted. Should the Improvements Agreement be required for this facility, the agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the SPR plat. End Memorandum m1krogle\ogle cases \landscapereferral\SPR-427.doc • • MEMORANDUM TO: JACQUELINE HATCH, PLANNING SERVICES FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH SUBJECT: SPR-427 COLORADO SWEET GOLD LLC DATE: 1/16/2009 Environmental Health Services has reviewed this proposal for four asphaltic cement storage tanks. An office trailer may be constructed on the site for four employees. There will be trucks that access the site to fill the storage tanks as well as transport the product to various facilities. Lafarge West, Inc. has a lease agreement with Colorado Sweet Gold, LLC to allow the use of Colorado Sweet Gold's restroom facilities. When the office trailer is constructed on the leased site, potable water and an individual sewage disposal system (ISDS) will be installed by Lafarge West, Inc. The ISDS shall be sized to accommodate all people utilizing the facility which includes truck drivers, service people and any other personnel entering the facility Noise will be restricted to the level allowed in the industrial zone district. A dust abatement plan was submitted with the application. Dust will be controlled through the application of water on internal haul roads and the application of crushed rip rap may be utilized. A waste management plan was included with the application. Waste on site would be from truck drivers and employees. A dumpster will be provided and will be serviced by a local waste management company. The name, address and phone number of the waster handling facility shall be included in the plan. Fuel storage tanks will be located on the site and are subject to the rules and regulations of the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section. Although the applicant states that an air emissions permit (APEN) is not required, the heaters may have some emissions. This department is requiring documentation from the Air Pollution Control Division, Colorado Department of Health and Environment, that an APEN is not required for the AC tanks, the fuel storage tanks and the heaters. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. 2. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. 3. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 4. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. 5. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. 6. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). 2 • We recommend that the following requirement be incorporated into the permit as conditions that must be met prior to the issuance of the Certificate of Occupancy for the office: 1. An individual sewage disposal system is required for the proposed office and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The ISDS shall be sized to accommodate all people utilizing the facility which includes truck drivers, service people and any other personnel entering the facility We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. 7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the office trailer. 8. Adequate drinking, handwashing and toilet facilities shall be provided for employees, service people, truck drivers and any other personnel entering the facility. 3 • • 9. The restroom facilities on the adjacent Colorado Sweet Gold, LLC property shall be utilized until such time the office trailer is constructed. 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.The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 12. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division, as applicable. 13. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. 14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 4 OtitiV Wilk COLORADO • Weld County Referral December 15, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Sweet Gold LLC Case Number SPR-427 Please Reply By January 15, 2009 Project Site Plan Review Legal Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately % mile east of CR 17 and south of and adjacent to State Highway 60. For a more precise location, see legal. Planner Jacqueline Hatch Parcel Number 1059 09 100027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does / does not comply with our Comprehensive Plan Ca. ❑ We have reviewed the request and find no conflicts with our interests. C . See attached letter. Comments: Signature Agency Da//y/e2 ❖Weld County Planning Dept. +4209 CR 24.5, Longmont, CO. 80504 ❖(720) 652-4210 ext.8730 4•(720) 652-4211 fax WE�atic Y� January 14, 2009 Site Plan Review for Colorado Sweet Gold LLC DEPARTMENT OF PLANNINSERVICES BUILDING INSPECTION NORTH OFFICE 918 10th GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 SOUTH WEST OFFICE 4209 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)-65-4210 SPR-427 1. A building permit shall be obtained prior to the construction of the tanks .The classification of the structures will be a U Occupancy. 2. A plan review is required for each tank for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet which is provided by the Weld County Building Department with each Building permit application. 3. Tanks shall conform to the requirements of the various codes adopted at the time of permit application, Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 Internationa' Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code and the 2008 Nationa Electrical Code and Chapter 29 of the Weld County Code. 4. All structures will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Coloradc registered engineer. 5. The Tanks will be classified as U occupancy. Setback and offset distances shall be determined by the Zoninc Ordinance. 6.. Tanks height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setbacl requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearlj identified and all property pins shall be staked prior to the first site inspection. 7. Provide letter of approval Johnstown Protection District prior to issuance of the building permit. Sincer Fra6k Piacentino Plans Examiner 01/15/2009 02:56 9705870 TOWN OF JOHNSTOWN • PAGE 01/02 00:1 VUkCOLORADO Weld County Referral/ski December 15, 2008 The Weld County Department of Planning Services has received the following item for review: Fp Applicant Colorado Sweet Gold LLC Case Number SPR-427 Please Reply By January 15, 2000 Project Site Plan Review Legal Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately' 'A mile east of CR 17 and south of and adjacent to State Highway 60. For a more precise location, see legal. Planner Jacqueline Hatch Parcel Number 1059 09 100027 i The application is submitted to you for review and recommendation. Any he above list ed ts or recommendation date so tnat we mau consider relevant to this request would be appreciated. Please reply by give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under reeviee during g the rteview pf otI ss. If g yoyou desire to examine or obtain this additional information, p pa ❑ We have reviewed the request and find that It does / does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with cur interests. See attached letter. Comments: Signature Agency H5 -o1 Date +Weld County Flemming Dept. 04200 CR 24.5, Longmont, CO. 80504 +(720) 662-4210 ezt.8 01/15/2009 02:56 9705870 1 TOWN OF JOHNSTOWN PAGE 02/02 Johnstown January 15, 2009 Weld County Pining Department 4209 CR 24.5 Longmont, CO 80504 Attn: Jacqueline Hatch. Re: SPR — 427 - Site Plan Review (Asphaltic Cement Storage Tanks - Colorado Sweet Gold Property) Dear Jacqueline Hatch: Thank you for the referral. The proposed Asphaltic Cement storage tanks project proposed by LaFarge on the Colorado Sweet Gold property will be within the Johnstown Planning Area. According to the Johnstown Area Comprehensive Plan the area is designated as 'Employment' which would allow a variety of light industrial uses. The tanks would be located south and east of 'Sticker Stadium" ball&clds — approximately 1200' from the nearest dwellings. As described by the operator LaFarge, the storage tanks would stand alone and not be part of an asphalt plant — a heavier industrial use that would not be compatible with residential, commercial and light industrial uses in the vicinity - The tanks and delivery system would be sealed, reducing potential odor and fire issues. The tanks would be served by tanker trucks (approximately 20 per day) and possibly by railroad tanker cars. The Town finds that the use is acceptable but would like to see the 'shiny' aluminum tank — especially the upper one-third - painted an earthtone color to reduce visibility. We would also like to have trees planted on the west side and north of the existing stand of trees to further screen the tank site. Please let me know if you need further detail. Sincerely, John. Franklin, MCP Town Planner Copy to: Planning and Zoning Commission File P.O. Box 609 101 charlotte 7ohn5town, CO 80534 p: 970.587.4664 f: 970.587.0141 www.townofiohnstown. com Weld County Planning Departmen 111k COLORADO GREELEY OFFICE CEC 19 7nnR RECEIVED Weld County Referral December 15, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Sweet Gold LLC Case Number SPR-427 Please Reply By January 15, 2009 Project Site Plan Review Legal Part of N2 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1/2 mile east of CR 17 and south of and adjacent to State Highway 60. For a more precise location, see legal. Planner Jacqueline Hatch Parcel Number 1059 09 100027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑U We have reviewed the request and find that it does /does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency 4Weld County Planning Dept. :4209 CR 24.5, Longmont, CO. 80504 ❖(720) 652-4210 ext.8730 +(720) 652-4211 fax SPR-427 ----- Colorado Sweet Gold, LLC 1 U Co N C 0- o Ca —) Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Additional Comments the applicant does an on site soils test prior to any construction. For a more complete soils our office at (970) 356-8097. If you or the applicant have any questions please feel free to Prime Farm Land (if irrigated) [Yes [Yes [Yes Septic Tank Absorption Fields Slight Severe Small Commercial Buildings Severe Slight Dwellings with basements [Severe Slight Dwellings without basements Severe Slight Shallow Excavations Slight `J U a) C9 () c N O O UIz .) I— -c C) Soil Texture [Loam Clay Loam 1 Fine Sandy Loam Case Number: Applicant: Planner: Soil Name E Y C g Z ,Olney _ Map Symbol Cry Produced by the West Greeley Conservation District 12/30/2008 08:12 970-35207 04. WE�Y� CDOT UTL SAFETY PAGE 02/03 wtaa cal \\`.,y s„,„,��i QtC 6 41 II; C. eE %tt t tt�l CD°Intogaa41taf4c$ce C . o'c �o\+r s�vvn Weld County Referral December 15, 2008 The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Sweet Gold LLC ' Case Number SPR-427 Please Reply By January 15, 2009 Planner Jacqueline Hatch Project Site Plan Review Legal Part of N2 of Section 9, T4N, R67W of the 8th P.M., Weld County, Colorado. Location Approximately 1/4 mile east of CR 17 and south of and adjacent to State Highway 80. For a more precise location, see legal. Parcel Number 1059 09 100027 1 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be w uring the examine or obtain this added itio al Into afoirmation, pleaseons under call althe Department of Planning Services.s. If you to We have reviewed the request and find that It does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. nts: 4\hkS\a W A ts\a-o..\r.tcs \_ { css s .C?art.4% t tVflc '\Ms \' Sn " \O.70° QC rer o.` Eta, \\\-n� 1/451:31/451:3( O, �, y #O ch ' --. \eta(k\Ctic.att\\4 ,�.� C' C4 -n\ 4-7-3N\ v.% Signature may„_ Agency L S� .Weld County Planning Dept. +4209 CR 24.5, Longmont, CO 80504 0(720) 052.4210 ext.8730 0(720) 852.4211 tax `C c\ftCzyt Date \: mmmag mmme H3311111131 eing Iron 1 SlIV130 [INV S310N LZ9-21dS All -110'4f 390,01S 1 6 1 N 3 eLl 1133.1. vuia1 ni MOW. Meg W. dial 6.-6 MAWS NVId LZPadS ix -^ ew 1 1 r U WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970)304-6497 Road File #: RE#: c ((arse e6i, 303 -4%'2307 1. Applicant Name d- �i TYI C � Phone Address ll4o%adsine> Peck irae' Sulk 200 City LcnJgmont State Co Zip SosO4 2. Address or Location of AccessA!on9 the south side of Stak I-(z9{tway (v0, 3,400` West of WCR- 19 Section g Township `i N Range (07 V)/ Subdivision Block Lot Weld — County Road #: Stale I{toy k0 Side of Road South Distance from nearest intersectionNW 3/goo cP Mc'y(a04twCIC 3. Is there an existing access to the property? Yes X No # of Accesses 2- 4. Proposed Use: X Permanent ❑ Residential/Agricultural X Industrial ❑ Temporary ❑Subdivision ❑ Commercial ❑Other *********************************************************************************************************** Date: Other Case #: 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential 0&G = Oil & Gas D.R. = Ditch Road I I = House = Shed Q = Proposed Access + = Existing Access *************************************** _J Per ant ngnr�� p eo tt OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title. APPLICATION ASSISTANCE AND OFFICE LOCATIONS -6- i • LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of October, 2008, by and between COLORADO SWEET GOLD, LLC, a Colorado limited liability company, hereinafter referred to as "the Landlord", and LAFARGE WEST, INC., a Delaware corporation, hereinafter referred to as "the Tenant". WITNESSETH: WHEREAS, the Landlord is the owner of that certain parcel of real property located east of the Town of Johnstown, County of Weld, State of Colorado, generally known as part of the North Half of Section 9, Township 4 North, Range 67 West of the 6th P.M. County of Weld, State of Colorado, more particularly described in Section 1 below; and WHEREAS, the Tenant leases the Leased Premises described in Section 1 below for the purposes set forth in Section 3 below and upon the terms set forth in this Lease. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements incorporated in this Lease, the parties hereto covenant, promise, and agree to and with each other as follows: 1. Lease of the Leased Premises. The agreed two parcels be leased by Landlord to Tenant are described on Exhibit "A-1," an eight -acre parcel, and on Exhibit "A-2," a two -acre parcel. A. Eight -Acre Parcel. The Landlord does hereby lease, demise, and let unto the Tenant, and the Tenant does hereby hire and take from the Landlord the Leased Premises described on Exhibit "A-1" attached hereto and incorporated herein by reference consisting of eight (8) acres ("the Leased Premises). The Leased Premises shall include the appurtenant access to State Highway 60 described in Section 2 below, utilities described in Section 10 below, rail line from Great Western Railroad described in Section 11 below, first right of refusal and option at end of Lease to purchase Leased Premises described in Section 8 below, and option to lease additional land described in Section 7 below. B. Two -Acre Parcel. Adjacent to the eight -acre Leased Premises is a two (2) -acre parcel described on Exhibit "A-2" attached hereto and incorporated herein by reference ("2 -Acre Parcel"). The 2 -Acre Parcel is currently leased to Suncor Energy (U.S.A.) Pipeline Company ("Suncor"). The Suncor lease, including all month -to -month extensions, will end not later than May 1, 2010. The parties agree that when the Suncor lease ends they shall execute an addendum to this Lease providing that the 2 -Acre Parcel shall become a part of the Leased Premises on the first day of the month following the date that the Suncor lease ends. The per acre Rent as adjusted and all other Terms of this Lease shall apply to the Leased Premises as enlarged to ten (10) acres. 2. Access to State Highway 60. The Leased Premises are not adjacent to a public road. The public and private roads used to serve the Leased Premises for ingress and egress of vehicles and pedestrians is shown on Exhibit "B" attached hereto and incorporated herein by reference ("the Access"). Landlord shall provide during the terms of this Lease reasonable Access for Tenant's use and enjoyment of the Leased Premises for the purposes described in Section 3 below. The Access private road shown on "Exhibit "B" is for the use of Tenant until Landlord makes use of the adjacent land indicated on Exhibit "B", and except for oil company use crossing the Access road to service the Great Western Sugar Well #2, the oil well west of the Access road, and drill directional wells from the GWS #2 well site. The Tenant shall construct, maintain, and replace, at its expense, the Access road during the term of this Lease or until Landlord leases or sells the adjacent indicated land on Exhibit "B" and requests joint use of the Access road. At such time as the Landlord requests joint use of the Access road, the maintenance and replacement costs shall be shared on a prorata basis determined by the ratio of the size of the land being served by the Access Road. The Access road includes a private access off of State Highway 60. The Landlord reserves the right to relocate the Access road and entrance from Highway 60 and, in such event, the Landlord shall pay all cost of relocating the road and the relocation shall not unreasonably interfere with Tenant's use and enjoyment of the Leased Premises. Roads located upon the Leased Premises shall be private roads for Tenant's sole use and shall be constructed, maintained, and replaced at the sole expense of the Tenant. 3. Use of Leased Premises. The Tenant shall use the Leased Premises for the construction and operation of industrial facilities related to its core businesses ("the Business"). Tenant's core business is ready -mix concrete, asphalt, road paving, etc. in the highway development and construction industry and may be expanded in future years to meet diversified demand. The Tenant shall obtain all required consents and permits from federal, state, and county regulatory agencies required to construct and operate the Business at the cost and expense of Tenant. The Tenant shall provide to Landlord a copy of all required consents and permits. This Lease is contingent upon the Tenant being able, with its diligent efforts, to obtain within one hundred fifty (150) days of mutual execution of this Lease, the required permits and/or licenses from federal, state, and local governments and agencies necessary to construct the necessary facilities and to operate the Business. Landlord shall not unreasonably withhold an extension of time due to circumstances outside control of Tenant in obtaining permits. 4 Rent. The Tenant shall pay to the Landlord during the term of this Lease 2 Rent in the amount and upon the terms as follows: A. Amount of Rent. Rent, hereinafter referred to as "the Rent," shall be determined based on the number of acres, or fractions thereof, described on Exhibits "A" and "B", the Leased Premises. The Rent for the first year of the Term shall be per acre, the number of acres is estimated to be eight (8) acres at the Rent Commencement Date and then expanded to ten (10) acres as provided in subsection 1.B. above. The actual acreage of the Leased Premises shall be determined by a survey prepared by a Colorado Licensed Professional Land Surveyor at Tenant's sole expense. The Rent shall be aid monthly in advance in the amount of per acre. The Rent for all years of the Lease term subsequent to the first year's Rent shall be increased annually on the anniversary of the date the Rent commences as provided in subsection B below. The Rent shall increase each year over the prior year's Rent during the entire term of the Lease. B. Rent Commencement Date. Rent (also commencement date of the Lease term) shall commence on the first day of the calendar month following the month in which Tenant receives a consent or permit from Weld County, Colorado or any other governmental agency required to construct and/or conduct the Business on the Leased Premises as provided in Section 3 above, or one hundred fifty (150) days from the first day of the month following the month of mutual execution of this Lease by the parties hereto, whichever shall be the sooner ("the Rent Commencement Date"). The Rent Commencement Date is subject to the contingency set forth in the last sentence of Section 3 above. C. Currency. Rent shall be paid in current legal tender of the United States of America as the same is then constituted by law. D. Method of Payment of Rent. The Rent shall be paid by check to Landlord at the address stated in Section 38, Notice. E. Time of Payment of Rent. The Rent shall be paid monthly on the first day of each month commencing on the Rent Commencement Date. F. Grace Period. The Tenant shall have a grace period of ten (10) days for the payment of Rent without penalty. G. Late Payment Penalty. In the event the Rent is not paid within the ace period, the Tenant shall pay to the Landlord a late payment penalty of of the unpaid Rent. 3 • • H. No Waiver. The extension of time for the payment of any installment of Rent or the acceptance by the Landlord of any money other than of the kind herein specified shall not be a waiver of the right of the Landlord to insist on having all of the payments of Rent made in the manner and at the time herein specified. 5. A. Term. The term of this Lease shall be for a period of twenty (20) years, commencing on the Rent Commencement Date as provided in Section 4.B above ("the Term'). B. Termination Upon Payment of Fee. Following the tenth (10th) anniversary of the commencement of the Term of this Lease, the Tenant shall have the right to terminate this Lease, which shall include the lease of any additional land as provided in Section 7 below, or extensions of the Lease by mutual agreement of the parties, by giving the Landlord not less than one hundred eighty (180) days' prior written notice of the date of termination and paying a termination fee of one year of the calculated annual Rent on the effective date of termination based on what the Rent would be for the following year were the Lease not terminated. 6. License to Enter Landlord's Property. The Tenant shall have the license to enter the Leased Premises until the commencement of the Term for the following purposes: A. Survey crews to survey existing property features including, but not limited to, rail lines, elevations, property corners, and other land features; B. Consultants/contractors to perform geoteclmical investigations such as soil borings; C. Employees, contractors, and subcontractors to investigate utility location, rail lines, etc. to prepare for development of the Leased Premises; and D. Commence dirt work. The Tenant and its employees, contractors, and subcontractors shall have the license to use restrooms located on the Landlord's property for personal hygiene and relief until such facilities are constructed and made available on the Leased Premises by the Tenant. 7. Option to Lease Additional Land. The Landlord agrees and grants to Tenant the option to lease the land described on Exhibit "C" attached hereto and incorporated herein by reference ("Option Land"). The actual legal description and acreage of the Option 4 • i Land shall be determined by a survey prepared by a Colorado Licensed Professional Land Surveyor at Tenant's sole expense. The Option Land shall be available to be leased by Tenant when the present tenant's lease is terminated and not later than May 1, 2010. This option to lease the Option Land shall be in effect for one hundred eighty (180) days from the effective date of notice from Landlord to Tenant that the Option Land is ready for leasing pursuant to the terms of this Lease. The Landlord shall give the notice to Tenant as herein provided not later than May 1, 2010. In the event Tenant exercises its option herein granted, it shall do so within the 180 days provided and an addendum to this Lease shall be executed by the Landlord and Tenant adopting all the terms of this Lease with the per acre Rent for the Leased Premises and the Option Land to commence at the adjusted Rent rate applicable at date of commencement of the lease of the Option Land and the term shall end at the end of the Term of the Lease. This option shall only be in effect if this Lease is in effect and the Tenant is not in default under any Term of the Lease. All references to Leased Premises in this Lease shall include the Option Land from the effective date that the Option Land is leased by the Tenant. 8. Option to Purchase. A. First Right of Refusal. The Landlord grants to the Tenant the first right of refusal to purchase the Leased Premises and Option Land if it has been made a part of this Lease ("the Land") if Landlord receives a bonafide offer from a third party to purchase the Land that is acceptable to Landlord. The Landlord shall notify the Tenant of the offer and terms and the Tenant shall have fourteen (14) days from the effective date of the notice to advise the Landlord that it will purchase the Land upon the same terms as the bonafide offer. In the event of such offer and Tenant's failure to exercise its option to purchase, the Landlord shall have the unencumbered right to sell the Land subject to this Lease, less this first right of refusal section which shall be deleted. This first right of refusal shall only be exercised during the Term of this Lease and Tenant must not be in default of any Term of this Lease at time of exercise of its first right of refusal. B. Option to Purchase at End of Lease. The Tenant shall have the option to purchase the Leased Premises at the end of the Term of this Lease. In the event Tenant desires to exercise its option to purchase, the Tenant must not be in default of any Term of this Lease, including timely payment of Rent, and it shall give the Landlord one hundred eighty (180) days' prior written notice that it exercises its option to purchase the Leased Premises ("Exercise of Option to Purchase"). In the event of Tenant's timely exercise of Option to Purchase, the Landlord and the Tenant shall meet at a mutually agreeable location in Fort Collins, Colorado, at least two times during the thirty (30) days following the effective date of Tenant's notice and negotiate in good faith to reach a price and term for the purchase of the Leased Premises by Tenant. In the event the parties do not reach an 5 agreement for the purchase and sale of the Leased Premises, the Landlord and Tenant shall each engage a certified general appraiser who is a member of the Appraisal Institute (MAI) to certify the land value of the Leased Premises with all service utilities, rail and access to public roads, less the Business improvements installed by Tenant as personal property. The appraisals shall be completed within ninety (90) days of the effective date of Tenant's written Exercise of Option to Purchase. In the event the values certified by the two MAI appraisers are not more than ten percent (10%) apart (the lower appraisal not less than 90% of the higher appraisal), the average of the two appraisals shall be the agreed purchase price. If the two appraisals differ by more than ten percent (10%) calculated as above stated, the two appraisers shall select a third appraiser and the average of the two closest appraisals shall be the agreed purchase and sales price for the Leased Premises and shall be binding on the Landlord and Tenant. The parties shall enter into a standard Colorado Real Estate Commission Vacant Land Contract to close within one hundred eighty (180) days of the Exercise of Option to Purchase. This option to Purchase shall be contingent upon Landlord procuring approval of the Leased Premises as a legal lot or tract under Colorado law. 9. Taxes. The Tenant shall pay, before delinquent, all taxes, assessments, license fees, and public charges levied, assessed, or imposed upon the Business, as well as any personal property in, on, or upon the Leased Premises and improvements made by Tenant to and upon the Leased Premises. Real property taxes shall be prorated between Landlord and Tenant based on the total acres of land owned by Landlord east of the Great Western Railroad line and the total acres of the Leased Premises. The taxes shall be paid by Landlord before delinquent and interest assessed thereon. Tenant's share of the assessed taxes shall be reimbursed by Tenant to Landlord within thirty (30) days of notice from Landlord to Tenant, with paid receipt attached. The parties agree that during the Term of this Lease the Landlord or its successor in title may subdivide the Leased Premises into a separate legal tract or lot pursuant to Section 41 below, and, in that event, the Leased Premises will be assessed separately by Weld County and Tenant shall then pay the assessed taxes on the Leased Premises as subdivided. 10. Utilities. The attached map, Exhibit "D" incorporated herein and made a part hereof ("the Utility Map"), shows the approximate location of the nearest potable water service, natural gas service, sewer manhole, and electric service. The parties agree that as to the utility services each of them shall be responsible for construction, maintenance, and service fees as follows: A. Potable Water Service. Tenant shall pay the cost of tapping the existing water line at the approximate location shown on the Utility Map, running a three (3) -inch line, or smaller to meet its needs, to the Leased Premises and installing a meter at the location of the tap of the master water line. Landlord shall provide up to one (1) acre 6 foot of potable water each year, read the water meter each month to determine the usage, and bill the Tenant for the water used at the same rate paid by Landlord to the Town of Johnstown for the water used. Delivery and quality shall be contingent upon quantity and quality delivered by Johnstown to Landlord. The Tenant shall pay Landlord for the water used within thirty (30) days of receipt of bill for the water. Tenant shall pay all maintenance costs of the meter and the line from the tap to and on the Leased Premises. In the event Tenant uses, on a regular basis, more than one (1) acre foot of water each year, it is agreed that Tenant shall provide raw water to the Town of Johnstown in an amount required by the Town to meet its requirement for the annual deliveries over one (1) acre foot. B. Natural Gas Service. The existing gas line shown on the Utility Map and supply is owned by Xcel Energy Inc. and Tenant shall pay the costs and fees and shall be responsible for all gas service from Xcel Energy, including tap, gas line, meter, and gas delivered. Delivery and quantity of gas delivered shall not be the duty of Landlord. C. Sewer Service. Tenant shall, at its cost, connect its sewer outfall line at the manhole marked on the Utility Map. Sewer usage rates are paid to the Town of Johnstown based on water usage. Tenant shall pay to Landlord for its sewer service its fair share based on the charge from the Town of Johnstown. D. Electric Service. Landlord has a 13,800 volt electric service line at the location shown on the Utility Map. Tenant may connect, at its expense, to the electric service line and install a transformer, line, and meter at the connection. Landlord shall read the meter and shall bill Tenant and it shall pay for its electrical use at the rate paid by Landlord to supplier. Electric service is contingent upon delivery of electric service by supplier to Landlord. The parties agree that Landlord cannot and does not warrant continued supply of utilities to the Tenant. The parties further agree that all cost of service line construction from Landlord's main lines to the Leased Premises and meters and repairs, maintenance, and replacement shall be paid by Tenant. 11. Railroad. A. Railroad Tracks. The use of the Great Western Railroad line will be in accordance with any agreements between the Tenant and Great Western Railroad, the owner of the railroad tracks serving the Landlord's property (the "Great Western Line"). Landlord will assist in rail car movement from the Great Western Line to and on the Leased Premises so long as the Landlord's locomotive is operational and personnel are available to operate the locomotive. The Landlord owns and controls the railroad tracks that connect to the Great Western Line to the Leased Premises (the "Boomer Track") as 7 shown on Exhibit "D." The Boomer Track will be repaired, maintained, and replaced when needed by Landlord. The Tenant shall have the non-exclusive use of the Boomer Track. The Landlord shall schedule the use of the Boomer Track between users. The Tenant shall have the right to connect, own, and operate a railroad spur with switch to the Boomer Track for the exclusive use of the Tenant to move rail cars to and from the Leased Premises (the "Rail Spur"). Repairs, maintenance, replacement, and switching of the Boomer Track from the Great Western Line shall be provided by Landlord at its sole cost and expense. Repairs, maintenance, replacement, and operation, including switching from the Boomer Track to the Rail Spur, shall be provided by Tenant at its cost and expense. The Tenant shall not overload or use the Boomer Track in an improper manner. Landlord shall have no liability for any casualty loss suffered by Tenant, its employees, agents or contractors while using the Boomer Track. Both parties specifically waive all claims for consequential damages against each other. B. Rail Cars Arriving at Leased Premises. The Tenant shall pay a fee of per rail car using the Boomer Track to be moved from the Great Western Line to the Rail Spur. The fee for all years of the Lease term subsequent to the first year's fee shall be increased annually on the anniversary of the date Rent commenced as provided in subsection 4.B above. The fee shall increase each year — over the prior year's fee during the entire Term of the Lease. C. Use of Locomotive by Tenant. The Tenant shall pay a fee of - per hour, or any part thereof, for use of the Landlord's locomotive with operator. The fee for all years of the Lease Term subsequent to the first year's fee shall be increased annually on the anniversary of the date Rent commenced as provided in subsection 4.B above. The fee shall increase each year over the prior year's fee during the entire Term of the Lease. 12. Trash Disposal. The Tenant shall not burn or incinerate any rubbish, oil, combustible products, or debris at, in, or about the Leased Premises and shall cause all containers, rubbish, oil, combustible products and waste, and debris accumulated thereon to be stored and disposed of in accordance with procedures established by regulatory federal, state, and county authorities having jurisdiction over the Business. 13. Ordinances. In the conduct of the Tenant's Business in and about the Leased Premises, the Tenant shall observe and comply with all laws, ordinances, and regulations of public authorities having jurisdiction over the Leased Premises. 14. Installation and Maintenance of Leasehold Improvements. The Tenant may purchase and install upon or within the Leased Premises any trade fixtures, equipment, and 8 • ! furnishings as the Tenant may deem necessary or proper for the operation of the Business. All such trade fixtures, equipment, and furnishings shall be of first rate quality and commensurate in appearance and in keeping with the Leased Premises. The Tenant, throughout the term of this Lease, shall maintain all fixtures, equipment, and furnishings installed by the Tenant in good order, condition, and repair at the Tenant's own expense. Upon the termination of this Lease, all fixtures, equipment, and furnishings installed by the Tenant on or within the Leased Premises may be removed by the Tenant, provided that any damages caused by such removal shall be repaired by the Tenant, at Tenant's sole cost and expense. Any fixtures, equipment, or furnishings remaining on the Leased Premises after thirty (30) days after the termination of this Lease shall become the property of the Landlord. 15. Maintenance of Leased Premises and Storm Drainage by Tenant. A. The Tenant covenants and agrees, at Tenant's own cost and expense, to keep and maintain the Leased Premises in a good, substantial, and sufficient condition, repair, and order, including but not limited to the following: (1) It will not permit or suffer any waste thereon or thereof or any nuisance thereon or thereabout; (2) It shall keep the walks and roads on the Leased Premises free from ice and snow; (3) It will maintain the Leased Premises in an orderly, sanitary, and sightly condition; (4) It will keep all improvements upon the Leased Premises in good condition and repair; (5) It will comply with and observe the laws, statutes, ordinances, regulations, and legal requirements concerning the use and occupancy of the premises and all health codes of any applicable governmental body; (6) It will hold the Leased Premises, adjacent land and buildings of Landlord, and the Landlord harmless from all obligations of every nature whatsoever incurred as a result of any alterations, changes, additions, repairs, maintenance, and replacement that may be made pursuant to the obligations required of the Tenant under this Lease, excepting Landlord's negligence or willful misconduct; and 9 (7) It will obtain a storm water permit ("Permit") to discharge storm water from the Leased Premises directly into the Little Thompson River ("River") and comply with the Permit during the Term of the Lease. The storm water will be discharged by pipe from the Leased Premises to a ditch starting right below a water -measuring flume and discharging into the River. Tenant shall pay all cost, expenses, and maintenance to obtain and comply with the Permit up to the point where the storm water discharges into the ditch, including any structure in the ditch to receive the storm water. The location of the ditch and the pipe from the Leased Premises is shown on Exhibit "E" attached hereto and incorporated herein by reference ("Storm Drain Easement"). Landlord leases to Tenant the Storm Drain Easement for the use herein stated for the Term of this Lease. Landlord reserves the right to relocate the Storm Drain Easement in the future and in such event the land served by the relocated storm drain shall share in the cost of the new storm drain, which cost shall include design, construction, and maintenance, in the ratio of their respective storm water demand. 16. Defects, Defective Condition, Acts of Third Persons. A. Landlord's Liability. The Landlord shall not be liable to the Tenant for any damage or injury to the Tenant or the Tenant's property occasioned by any defect or defective condition on or about the track and Leased Premises or occasioned by the act or omission of any third party, or from any other cause whatsoever, except such as may be caused by the Landlord's negligence or willful misconduct. The Landlord shall not provide any security services for the Tenant and assumes no responsibility for the protection or security of Tenant's property against theft, vandalism or other third party actions whether the Tenant's property is stored on the Leased Premises or on the adjacent property of the Landlord. Tenant's property as used in this paragraph shall mean and refer to the property of the Tenant, its employees, guests and invites. B. Waiver of Claims. Both parties hereby expressly waive all claims against the other for any actual damage or injury to the other party or their property, except such damage or injury as may be caused by the other's negligence or willful misconduct. 17. Abatement of Rent. In the event of casualty or work stoppage for any reason within Tenant's control, the Rent shall not abate while the Leased Premises are wholly or partially unoccupied or the Business is not in operation pending the repair of casualty damage or commencement of work. In the event the casualty or work stoppage is caused by Landlord's negligence or willful misconduct, Rent shall abate for the period during which 10 the Leased Premises are untenable. 18. Insurance A. Tenant to Obtain Liability Insurance. The Tenant shall, at Tenant's own expense, at all times during the term of this Lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers which will insure the Tenant against liability for injury to or death of persons or loss or damage to property occurring in or about the Leased Premises. The liability under such insurance shall be in such amount as set forth below: i. Workers' Compensation with statutory limits in the State of Colorado ii. Employers' Liability with limits of $500,000 per accident or disease; iii. Commercial General Liability/Property Damage with limits of $2,000,000 per occurrence. Such CGL policy will be provided on an Occurrence Basis. iv. Commercial Automobile Insurance with coverage for owned and leased vehicles with limits of $2,000,000 per accident. B. Tenant's Failure to Insure. Should the Tenant fail to keep in effect and pay for such insurance as the Tenant is required to maintain under the terms of this Lease, such failure shall constitute a breach of this Lease. C. Landlord Additional Insured. All insurance policies to be obtained by the Tenant hereunder, except for worker's compensation, shall name the Landlord as an additional named insured, and provide that such policies shall not be cancelled or materially modified without thirty (30) days prior written notice to the Landlord. 19. Indemnification of Landlord. A. Liens and Encumbrances. The Tenant shall indemnify the Landlord and the Leased Premises and all improvements placed thereon against all claims, liens, claims of lien, demands, charges, encumbrances, or litigation arising directly out of any work or activity of the Tenant on the Leased Premises and shall forthwith, within ten (10) 11 business days after the filing of any lien of record, fully pay and satisfy the same. If the Tenant desires to contest any such claim or lien, the Tenant may do so after satisfactorily indemnifying the Landlord against loss or expense thereon, in which event the Landlord shall not have the right to pay such claim or lien. In the event the Tenant shall fail to pay and fully discharge any claim, lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, the Landlord shall have the right, at the Landlord's option, at any time after the expiration of the ten (10) business day period, to pay the same or any portion thereof All amounts so paid by the Landlord shall be repaid by the Tenant to the Landlord within thirty (30) days of receipt of invoice therefore with interest on the amount to be repaid at the rate of twelve percent (12%) per annum for late payment after the thirty (30) -day payment period. B. Personal Injuries, Violation of Law. The Tenant shall indemnify the Landlord and the Leased Premises against direct and reasonable costs, liability, or expenses, arising out of any claims of any person or persons caused by Tenant's negligence or willful misconduct, and shall indemnify the Landlord against any penalty, damage or charge incurred by reason thereof 20. Signs. Subject to the written approval of the Landlord and all governmental ordinances or other regulations applicable to the Leased Premises, the Tenant shall have the right to erect and maintain on the exterior and interior of the Leased Premises, at the Tenant's own expense, such signs as the Tenant deems necessary or appropriate to the Business of the Tenant. Any signs erected or placed in or on the Leased Premises by the Tenant may be removed by the Tenant during the term hereof only with the written approval of the Landlord. All damages caused by the erection, maintenance, or removal of any and all signs installed by the Tenant shall be fully repaired at the expense of the Tenant. 21. Transfer or Pledge of Leasehold Interest by Tenant. The Tenant shall not assign this Lease or any interest therein, nor sublet the Leased Premises or any part thereof; nor license the use of all or any portion of the Leased Premises or Business conducted thereon or therein, nor encumber or hypothecate this Lease, without first obtaining the written consent of the Landlord, which is not to be unreasonably withheld; and any assignment, subletting, licensing, encumbering, or hypothecating of this Lease without such prior written consent shall, at the option of the Landlord, terminate this Lease; provided, however, that the Tenant may sublease portions of the Leased Premises to other persons or entities operating businesses which are complementary or supplementary to the Business of the Tenant without the prior written consent of the Landlord. Notwithstanding the foregoing, Tenant shall have the right to transfer or assign this Lease to its parent company, subsidiaries or affiliates upon written notice to Landlord. 12 22. Transfer by Landlord. In the event of a sale or conveyance by the Landlord of the Landlord's interest in the Leased Premises other than a transfer for security purposes only, Landlord shall provide reasonable advance written notice thereof to Tenant and the Landlord shall be relieved from and after the date specified in any such notice of transfer of all obligations and liabilities accruing thereafter on the part of the Landlord, provided that any funds in the hands of the Landlord at the time of transfer in which the Tenant has an interest shall be delivered to the successor of the Landlord. This Lease shall not be affected by any such sale; and the Tenant agrees to attorn to the purchaser or assignee, provided all the Landlord's obligations hereunder are assumed as herein written in their entirety and unmodified in writing by the transferee. Notwithstanding the foregoing or any other provision contained herein to the contrary, in the event Landlord's purchaser or assignee refuse to accept this Lease under the same terms and conditions as agreed to between Landlord and Tenant, Tenant shall have the option to immediately terminate this Lease without any penalty or further obligation. This section shall be subject to Tenant's first right of refusal set forth in Section 8.A above. 23. Subordination of Lease. The Tenant shall execute any instrument permitting a mortgage or deed of trust to be placed on the Leased Premises or any part thereof as security for any indebtedness and subordinating this Lease to such mortgage or deed of trust if required to do so by the secured party. 24. Landlord's Right of Inspection. The Landlord shall have access to the Leased Premises, and each part thereof, during the Tenant's regular business hours for the purpose of inspecting the same and posting notices which the Landlord may deem to be for the protection of the Landlord or the Leased Premises. 25. Surrender of Leased Premises. The Tenant shall, at the termination of this Lease, vacate the Leased Premises and shall leave the Leased Premises in as good condition as they were in at the commencement of the term of this Lease, except for reasonable use and wear thereof and, on vacating, shall leave the Leased Premises free and clear of all rubbish and debris. 26. Holding Over. No holding over and continuation of any business by the Tenant after the expiration of the term hereof shall be considered to be a renewal or extension of this Lease unless written approval of such holding over and a definite agreement to such effect is signed by the Landlord, defining the length of such additional term. Any holding over without the consent of the Landlord shall be considered to be a month -to -month tenancy at a rental equal to the monthly rental at the time such holding over commences. 13 27. Default. A. Landlord's Right to Repossess, Operate, or Relet. If the Rent reserved by this Lease or other charges to be paid hereunder by the Tenant, or any part thereof, are not paid when due and shall remain unpaid for a period of ten (10) days after notice thereof in writing, or if the Tenant shall violate any other covenant, condition, or provision to be performed by the Tenant hereunder and shall fail to commence correction of such violation within thirty (30) days after notice thereof in writing specifying the nature of such violation and continue to proceed diligently to complete correction of such violation within a reasonable period of time thereafter, or if the Tenant abandons the Leased Premises, or if the Tenant breaches any obligation under this Lease to be performed by the Tenant which cannot be cured, then and in any such event, the Tenant shall be deemed to be in default; and the Landlord, upon reasonable advance written notice, may, at the Landlord's option, reenter and take possession of the Leased Premises, including all fixtures and equipment located at, in, or about the same, and take or relet the same in whole or in part for the account of the Tenant at such rental and on such agreement and conditions and to such tenant or tenants as the Landlord, in good faith, may deem proper for the unexpired period of the full term of this Lease. The Landlord shall receive all proceeds and rent accruing from such reletting of the Leased Premises and shall apply such proceeds to the payment of rent; expenses incurred by the Landlord in reletting the Leased Premises, including reasonable attorney's fees, commissions, and collection fees, and the cost of any and all alterations or repairs reasonably necessary to enable the Landlord to relet the Leased Premises; and all other amounts as may be due or become payable under the provisions of this Lease; the balance remaining, if any, at the expiration of the full term of this Lease or on the sooner termination thereof by written notice given by the Landlord to the Tenant, shall be paid over to the Tenant. B. Tenant's Obligation to Pay Deficiencies. In the event the proceeds or rentals received by the Landlord under the provisions of this paragraph are insufficient to pay all costs and expenses and all amounts due and becoming due under this Lease, the Tenant shall pay to the Landlord on demand all such deficiencies as may from time to time occur or exist. Notwithstanding the foregoing, Landlord shall be obligated to use best efforts to ensure the proceeds and rentals received hereunder are equal to or in excess of the amounts payable by Tenant hereunder. In the event Rents received by Landlord are in excess of the amount payable by Tenant hereunder, the Landlord shall retain the excess as fees. C. Landlord's Right to Perform Tenant's Duties at Tenant's Cost. Notwithstanding any provision as to notice in this Lease, if, any default by the Tenant, other than for the payment of money, continues beyond the full cure period as provided herein, 14 and Tenant has not made diligent effort to commence or continue to cure such default, the Landlord may, with reasonable advance written notice to Tenant of its intentions, elect to perform those acts in respect of which the Tenant is in default, at the expense of the Tenant; and the Tenant shall thereupon reimburse the Landlord for any such actual and required expenses within thirty (30) days' after invoice for the same by the Landlord to the Tenant. D. Landlord's Right to Terminate Lease. In the event of the Tenant's uncured default as stated herein, the Landlord may, at the Landlord's option, upon reasonable advance written notice, terminate this Lease and any and all interest of the Tenant hereunder, and may thereupon immediately reenter and take possession of the Leased Premises. Upon such termination by Landlord, Tenant shall be relieved of any further obligation hereunder, excepting only the payment of Rent due up to and including the date of termination and liquidated damages in the amount that would be paid by Tenant had Tenant elected to terminate the Lease on the date as provided in subsection 5.B. above (one year's rent at the amount Tenant would have paid had the Lease continued for the following year). E. Indemnification. Tenant shall indemnify, protect, defend and hold Landlord, and Landlord's successors and assigns, and the owners, managers, employees, and agents of Landlord ("Indemnified Party"), harmless for, from and against any and all claims (including without limitation third -party claims for personal injury or real or personal property damage), actions, administrative proceedings (including both formal and informal proceedings), judgments, damages, punitive damages, penalties, fines, costs, liabilities, sums paid in settlement of claims, interest and losses, including reasonable attorneys' and paralegals' fees and expenses and consultant and expert fees (collectively, the "Costs") that are caused by the presence or release of any Hazardous Substance in the Leased Premises or in or into the air, soil, groundwater or surface water at, on, about, above, under, or within the Leased Premises, or any portion thereof, to the extent such presence of release was caused by Tenant's acts or omissions or willful misconduct. If Landlord or any other Indemnified Party suffers or incurs any such Costs; Tenant shall pay to Landlord or such other Indemnified Party, as applicable, the total of all such Costs suffered or incurred by Landlord or such other Indemnified Party, as applicable, thirty (30) days after undisputed written demand therefore by the Landlord or Indemnified Party entitled to such payment. Notwithstanding anything to the contrary set forth in this Agreement, the indemnification provided by this paragraph 27(E) shall not extend to any Costs incurred by an Indemnified Party that are incurred as a result of such Indemnified Party's negligence or intentional misconduct. F. Remedies Cumulative. The parties shall have all remedies provided in this Lease and under governing law. Each and all of the remedies provided for in this Lease 15 or by law shall be cumulative, and the exercise of one right or remedy by a party shall not impair the right of that party to exercise any other right or remedy. 28. Expenses of Enforcement. If any breach of a party's obligations under this Lease occurs or if any dispute arises relating to the interpretation, enforcement or performance of this Lease, the prevailing party shall collect from the other party all reasonable and necessary fees and expenses incurred in connection therewith, including but not limited to reasonable and necessary fees of attorneys, accountants, appraisers, environmental inspectors, consultants, expert witnesses, arbitrators, mediators and court reporters. Without limiting the generality of the foregoing, the nonprevailing party shall pay all such reasonable and necessary fees and expenses incurred in connection with (a) arbitration or other alternative dispute resolution proceedings and court actions; (b) all preparation for any of the foregoing; and (c) all settlement costs. 29. Eminent Domain. A. Public or Quasi -Public Takings. In the event any part of the Leased Premises shall be taken for a public or quasi -public use, this Lease shall terminate at the option of either party within fifteen (15) days after the date of the actual physical taking; and the parties shall thereupon be released from any and all further liability hereunder. B. Right to Condemnation Award. Any award made in any condemnation proceeding for the taking of any part or all of the Leased Premises shall be the sole property of and be paid to the Landlord, except to the extent any such award is reasonably allocable to the remaining term of the lease and the good will of the Tenant's Business. 30. Quiet Enjoyment. The Landlord hereby covenants and warrants that the Landlord is the owner of the Leased Premises; and that the Tenant, on payment of Rent as herein provided and performance of the provisions hereof to be performed by the Tenant, shall and may peacefully possess and enjoy the Leased Premises during the term hereof without any interruption or disturbance. 31. Estoppel Certificate. The Tenant shall at any time, upon not less than fourteen (14) days' prior written notice from the Landlord, execute, acknowledge, and deliver to the Landlord such statements in writing as may be requested of the Landlord by banks or other lending institutions who have security interests in the Leased Premises (i) certifying that this Lease is unmodified and in full force and effect (or if modified, stating the nature of the modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any; and 16 (ii)acknowledging that there are not, to the Tenant's knowledge, any uncured defaults on the part of the Landlord hereunder, or specifying such defaults, if any are claimed. If the Landlord desires to finance the Leased Premises or any part thereof; the Tenant hereby agrees to use commercially reasonable efforts to provider to any lender designated by the Landlord copies of such publicly available financial statements of the Tenant as may be reasonably required by such lender. All such financial statements shall be received by the Landlord in confidence and shall be used only for the purposes herein set forth. Notwithstanding the foregoing, nothing stated herein shall require Tenant to provide any financial information it, in its sole discretion, deems confidential or company private, or any such information which Tenant deems, in its sole discretion, should not be so provided for any reason whatsoever. 32. No Partnership. The Landlord does not, in any way or for any purpose, become a partner of the Tenant in the conduct of the Tenant's Business or otherwise, or a joint venturer, or a member of a joint enterprise with the Tenant. 33. Waiver of Breach. No waiver of any breach or breaches of any provision of this Lease by either party shall be constituted to be a waiver of preceding or succeeding breaches of such provision or any other provision hereof. 34. Time of the Essence. Time is of the essence of each and every provision hereof. 35. Headings for Convenience Only. The headings used herein are for convenience and shall not be resorted to for purposes of interpretation or construction hereof. 36. Pronouns. Feminine or neuter pronouns shall be substituted for those of masculine form or vice versa, and the plural shall be substituted for the singular number or vice versa in any place or places in which the context may require such substitution or substitutions. 37. Amendments to be in Writing. This Lease may be modified or amended only by a writing duly authorized and executed by both the Landlord and the Tenant herein. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall he reduced to writing duly authorized and executed by both the Landlord and the Tenant. 17 38. Notice. Any notice required or desired to be given by the parties hereto shall be in writing and may be personally delivered, e -mailed, mailed by certified mail, return receipt requested, sent by telephone facsimile with a hard copy sent by a nationally recognized, receipted overnight delivery service, including, by example and not limitation, United Parcel Service, Federal Express, or Airborne Express. Any such notice shall be deemed given when personally delivered; if mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if sent by e-mail or telephone facsimile, on the day sent if sent on a business day during normal business hours of the recipient or on the next business thy if sent at any other time; or if sent by overnight delivery service, one (1) business thy after deposit in the custody of the delivery service. The addresses, e-mail addresses, telephone numbers, and facsimile numbers for the mailing, transmitting, or delivering of notices shall be as follows: If to Landlord: With a copy to: If to Tenant: Colorado Sweet Gold, LLC Attn: David Gilbert, Manager 304 N. Yosemite Avenue P.O. Box 38 Oakdale, CA 95361 Telephone: 209-847-1721 Fax: 209-847-3542 E-mail: david.gilbert@algilbert.com Bill Wyatt and/or David Wyatt 4703 Boardwalk Drive, Suite B3 Fort Collins, CO 80525 Telephone: 970-484-1112 Fax: 970-484-1115 E-mail: wyattlaw@gwest.net (Bill Wyatt) and/or dwyatt@wyattwinslowlaw.com (David Wyatt) Mr. Frank Mayfield Regional Operations Director Lafarge North America, Inc. 10170 Church Ranch Way Westminster, CO 80021 Telephone: 303-657-4278 Facsimile: E-mail: frank.mayfield@lafarge-na.com 18 With a copy to: And: Thomas Potter WUS Sourcing Manager Lafarge North America, Inc. 10170 Church Ranch Way Westminster, CO 80021 Telephone: 303-657-4357 Facsimile: 303-657-4462 E-mail: thomas.potter@lafarge-na.com Lafarge North America Inc. 12950 Worldgate Drive Suite 500 Herndon, Virginia 20170 Attn: General Counsel Notices of a change of address of either party shall be given in the same manner as all other notices as hereinabove provided. 39. Representations and Warranties. The parties hereby expressly acknowledges and agrees that they have not relied upon any statements, representations, agreements, or warranties made by the other or any of the other's agents or employees, except as expressly set forth herein. Landlord gives no warranty that the Leased Premises or railroad are fit and adequate for the Business. 40. Parties Bound. Each and every provision of this Lease shall bind and shall inure to the benefit of the parties hereto and their legal representatives. The term "legal representatives" is used in this Lease in its broadest meaning and includes, in addition to executors and administrators, every person, partnership, corporation, or association succeeding to the interest or to any part of the interest in or to this Lease or in and to the Premises, of either the Landlord or the Tenant herein, whether such succession results from the act of a party in interest, occurs by operation of the law, or is the effect of the operation of law together with the act of such party. Except as otherwise provided herein, each and every agreement and condition of this Lease to be performed shall be binding on all permitted assigns, subtenants, concessionaires, and/or licensees of the parties. 41. Annexation and Subdivision. The Landlord may in the future annex the Leased Premises, with or without additional land, to Johnstown or Milliken, and subdivide the Leased Premises with other land. Further, the Landlord, at its choice, may subdivide the Leased Premises in Weld County with other land. No annexation or subdivision of the Leased Premises shall be initiated by Landlord that would interfere with Tenant's rights to 19 conduct the Business without the prior written consent of Tenant. Contingent upon Tenant's consent, the Tenant shall cooperate with the Landlord in the annexation of the Leased Premises into Johnstown or Milliken, or the subdivision of the Leased Premises. Landlord shall pay all cost and expense of annexation or subdivision of the Leased Premises, except improvements upon the Leased Premises. If annexation or subdivision materially interferes with Tenant's operations as provided for herein, Tenant may, upon thirty (30) days advance written notice to Landlord, terminate this Lease and upon such termination shall be relieved of any further liability or obligation hereunder, excepting only the obligation to pay Rent due up to and including the date of such termination and return the Leased Premises as provided in Section 14 above. 42. Recording Memorandum of Lease. The parties agree that a Memorandum of this Lease giving notice that this Lease is in effect shall be recorded in the office of the Clerk and Recorder of Weld County, Colorado. Upon termination of this Lease, the Tenant shall execute and deliver to Landlord a release of this Lease in an acceptable and recordable form. 43. Forum Selection. The forum and jurisdiction for any dispute resolution arising out of this Lease shall be in the District Court in and for the County of Weld, Colorado. 20 t • • IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first above written. LANDLORD: COLORADO SWEET GOLD, LLC, a Colorado limited liability company By: A.L. GILBERT CO., a California corporation, Member/Manager By David Gilbert, President STATE OF CALIFORNIA ) ) ss COUNTY OF ) TENANT: LAFARGE WEST, INC., a Delaware corporation By The foregoing instrument was acknowledged before me this day of September, 2008, by David Gilbert, president of A.L. Gilbert Co., a California corporation, Member/Manager of Colorado Sweet Gold, LLC, a Colorado limited liability company. STATE OF COUNTY OF ) ss. Notary Public My commission expires: The foregoing instrument was acknowledged before me this day of September, 2008, by , of Lafarge West, Inc., a Delaware corporation. 21 Notary Public My commission expires: • Description of Use/Statement of Compatibility for Lafarge West, Inc. Asphaltic Cement Storage Facility Site Plan Review Application Lafarge West, Inc. is requesting a site plan review for 8 acres of land located on a parcel of land owned by Colorado Sweet Gold, LLC. The property is zoned I-3 Industrial and is located in Section 9, Township 4 North , Range 67 West of Weld County, east of Johnstown, west of Milliken, and just south of Highway 60. The 8 acres of land that Lafarge proposes to lease from Colorado Sweet Gold is situated west of other existing industrial uses on the Colorado Sweet Gold property and is located approximately 465' south of State Highway 60. Lafarge intends to house two asphaltic cement (AC) storage tanks on the leased property in the immediate future with the option to add two additional tanks later on as market conditions indicate the need. The proposed tanks are 40 feet tall and 100 feet in diameter. Each pair of tanks will also have a heater building with fuel tanks next to them. An office trailer is also shown on the plan; however, it will not be placed on the property in the immediate future. When the office trailer is constructed, up to four Lafarge employees may be on -site. Due to a nation-wide shortage of this asphaltic cement, Lafarge wants to remain proactive in meeting this demand. Approval of this project will provide important additional storage space while ensuring that the company's operations are not interrupted. Lafarge has requested an access permit onto Highway 60 from CDOT. The proposed access point is located directly north of the property they are leasing from Colorado Sweet Gold and coincides with an existing access point. The proposed hours of potential deliveries will be from 7:00 am to 7:00 pm. Most deliveries will be during the week; however, there is the possibility of weekend deliveries. The amount of traffic generated from this proposal is expected to be low (see traffic report for details). The storage tanks will be filled between December and April each year. During the 150 -day filling period, a maximum of 6 trucks per day will access the site when there are just two AC tanks and a maximum of 12 trucks per day if and when there are four AC tanks on site. It will take approximately 30 to 40 minutes to unload each truck. There is also the possibility that rail service may become a viable alternative to filling the tanks. The future implementation of rail service could negate the need for some truck transportation. Approximately five times per month throughout the year, the site will also be accessed by AC trucks that fill up and then transport the AC from the site to various Lafarge batch plant facilities. Detailed plans for the proposed structures will be submitted with the building permit applications for each structure. When building permits are applied for, the standards found in Sections 23-3- 350 and 23-3-360 shall be adhered too. More specifically, the following standards will be maintained: • There shall be no overnight parking on -site. • Lighting will be security lighting only and all lighting shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices. • The Colorado Sweet Gold property is already fenced and no new fencing is proposed. There is also an existing gate at the access point that will be used to access Lafarge's site. This gate will likely be replaced with a new gate when the improvements are constructed on the Lafarge site. • There will be no staging of vehicles. There are parking spaces shown on the site next to the proposed office building to accommodate the vehicles of Lafarge employees that may be on - site. • The required and provided offset shall be 10' or 1' per 2' of building or structure height (whichever is greater) • The required setback is 25' from Highway 60. This setback will be met because no structures will be placed outside of the permit boundary shown on the site plan map. The northernmost permit boundary line is approximately 465' south of Highway 60. • The location of a proposed sign and a conceptual drawing of the sign are shown on the site plan map. The sign will be designed to meet sign code requirements and more detailed sign information will be provided at the time of building permit. • Attached is a waste management plan for the site. A trash dumpster has been shown on the plan. • Water and sewer facilities are not required in the immediate future since this the site will be unmanned until such time that the modular office building is constructed. Therefore, Colorado Sweet Gold has agreed to allow Lafarge personnel to use their restroom facilities if needed. The attached draft lease agreement with Colorado Sweet Gold outlines the use of their restroom facilities when needed by Lafarge personnel. When a building permit for the office building is requested, adequate water and sewer to the building will be provided. • Noise levels will not be exceeded for the I-3 Industrial Zone. • Air Permits are not required for AC tanks. • Water quality standards will be maintained. • No radiation or radioactive materials are associated with AC tanks. • The air temperature will not be raised as the tanks are insulated. • The proposed tanks and associated appurtenances will not create any off -site glare. • The area within the permit boundary will be maintained by Lafarge West, Inc. • Disturbed areas will be reseeded with drought tolerant native grasses; if needed, the reseeded areas will be watered to get them established. • Lafarge will work with the County for both off -site and on -site improvements agreements. P:\133-13511-08-OOTDeIivcrables\Application Materials \Desc of Use Statmt ofCompdoc nil vii! it IIIII mil it III in III: EXHIBIT "A" 2672117 02/08/1999 02:35P Weld County CO 1 of 4 R 21.00 D 130.00 sn Suki Tsukamoto WARRANTY DEED THIS DEED, made this 1st day of February, 1999, between GOLDEN TECHNOLOGIES COMPANY, INC., a Colorado corporation, ("Grantor"), 16000 Table Mountain Parkway, Golden, Colorado 80403, and COLORADO SWEET GOLD, LLC, a Colorado limited liability company, whose legal address is 8714 State Highway 60, P.O. Box 628, Johnstown, Colorado 80534, of the County of Weld, State of Colorado ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of good and valuable consideration and ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: The property described on Exhibit "A" attached hereto and incorporated herein by reference, also known as: 8714 State Highway 60, Johnstown, Colorado 80534. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or in equity, of, in, and to the above -bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances unto the Grantee, its successors and assigns forever. And the Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, except and subject to easements, reservations, rights -of -way and other matters of record as more specifically set forth on Exhibit "B" attached hereto and incorporated herein by reference (the " Permitted Encumbrances"); and real property taxes for the year 1999 to be prorated pursuant to agreement between Grantor and Grantee, and subsequent years taxes. Subject to the Permitted Encumbrances, the Grantor will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. GOLDEN TECHNOLOGIES COMPANY, INC., a Colorado corporation By STATE OF COLORADO ) ss. COUNTY OF Jc' ' t ) d The foregoing instrument was subscribed, sworn to, and acknowledged before me this 1st day' of February, 1999, by )c f (If .i H. (,,,: t-_, , as Yr.cj i d, ,;ct of Goldet4= ea Technologies Company, Inc., a Colorado corporation. Witness my hand and official seal. i L-52)(1, _r 3 J J A � E Ecag n r� • Rotary Public EXHIBIT "A" The N1/2 of Section 9, Township 4 North, Range 67 West of the 6th P.M., Weld County Colorado, EXCEPTING THEREFROM the following described tracts of land. 1) That part thereof platted as Johnstown Colony; 2) That part thereof platted as Purvis Addition to the Town of Johnstown; 3) A strip of land 80 feet in width through, over and across the NW1/4 of said Sect being 40 feet on each side of the centerline of the Great Western Railway as surveyE located, said centerline being described as follows: Beginning at a point on the North line of said Section 9 which is 1036.3 feet East c NW corner; thence S35°43' East, a distance of 51 feet to a point of curve to the ric whose radius is 1910.1 feet; thence on said curve to the right for a distance of 115 feet to a point of tangent; thence S05°00' East on said tangent, a distance of 1551 to the South line of said NW1/4 at a point 1618.5 feet East of the W1/4 corner of sE Section 9 (variation 15° East), which strip of land was heretofore conveyed by Deed Engelbert Sauter to The Northern Construction Company, a Colorado Corporation, whict is dated January 30, 1905, and recorded in the office of the Clerk and Recorder of County, State of Colorado, in Book 73 at Page 283; 4) A triangular piece of land situated in the NW1/4 of said Section 9, which is des as follows: Beginning at a point on the North line of said Section 9 which is 1090 feet East of corner; thence East on Section line, a distance of 660 feet; thence curving to the Southwest and to the left with a radius of 455.3 feet for a distance of 660 feet; th northerly 40 feet East of and parallel to the centerline of the Great Western Railwa a distance of 610 feet, more or less, to the North line of said Section 9 and the pl beginning, which piece of land was heretofore conveyed by Deed from William A. Purvi Caroline Sauter to The Great Western Railway Company, a Colorado Corporation, by correction deed dated April 2, 1917, and recorded in the office of the Clerk and Rec of Weld County, State of Colorado, in Book 414 at Page 585; 5) A tract or parcel of land, No. 1 of Colorado Department of Highways Project No. S0053(2) in the N1/2 of the NE1/4 of said Section 9, as conveyed to the Department o Highways, State of Colorado, by Deed recorded April 23, 1958, in Book 1501 at Page 2 said tract or parcel being more particularly described as follows: Beginning at a point on the East line of said Section 9, from which point the NE cor said Section 9 bears N00°50'30^ West, a distance of 100.00 feet; thence along the Ea line of said Section 9, N00°50'30° West, a distance of 100.00 feet to the NE corner said Section 9; thence along the North line of said Section 9, N89°15'30" West, a di of 1583.50 feet; thence S00°35'30" West, a distance of 100.00 feet; thence S89°15'30 East, a distance of 1586.00 feet, more or less, to the point of beginning; 6) A tract of land lying in the NE corner of said Section 9 which was conveyed to P Service Company of Colorado by Deed recorded January 15, 1987, in Book 1142 as Recep No. 2084905, said tract of land being more particularly described as follows: Beginning at the NE corner of said Section 9; thence S30°57'42" West, 115.25 feet to intersection of the southerly right of way of Colorado State Highway No. 60, and the westerly right of way of Weld County Road 19, and the true point of beginning; thenc along the westerly right of way of said county road, S00°24'44° E, 288.34 feet; then N88°11'48" W, 297.21 feet; thence N01°09'12" E, 284.86 feet, more or less, to the southerly right of way of said Colorado State Highway No. 60; thence along said sout right of way, 588°50'48" E, 289.31 feet to the true point of beginning. 111111111111 X111)1 IIIII 1111111111111111 III 11111 IIII IIII 2672117 02/08/1999 02:35P Weld County CO 2 of 4 R 21.00 D 130.00 JA Sukl Tsukamoto EXHIBIT "B" Exceptions 1 through 7 intentionally deleted. 8. Rights inferred or easement in favor of the United States, State of Colorado, or the Public which exist or are claimed to exist in and over the present and past bed, banks, and water of the Little Thompson River. 9. Right of way for The Great Western Intake No. 1 as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 10. Right of way for State Highway No. 60 over and along the North line of subject property. 11. Right of way for Weld County Road 46 1/2 along the South line of subject property as evidenced by various instruments of record. 12. Rights of way and easements as now established and used, including but not 1i to roads, ditches, pipe lines, power lines, telephone lines and reservoirs. 13. Right of way for county roads 30 feet wide on either side of section and towr lines as established by Order of the Board of County Commissioners for Weld C recorded October 14, 1989, in Book 86 at Page 273. 14. Easement for ditch relocation purposes as granted to the Department of Highwe State of Colorado, by instrument recorded April 23, 1958, in Book 1501 at Pac 276. 15. Right of way for pipe line purposes as granted to Panhandle Eastern Pipe Line Company by instrument recorded June 10, 1974, in Book 716 as Reception No. 1638306. 16. Right of way easement for pipe line purposes as granted to Panhandle Eastern Line Company by instrument recorded February 28, 1983, in Book 990 as Recepti 1918745. 17. Right of way for pipe line purposes as granted to Panhandle Eastern Pipe Line Company by instrument recorded April 5, 1984, in Book 1025 as Reception No. 1961832. 18. Overhead Utility Line Easement Agreement between Coors Biotech, Inc., a Colox Corporation, and Public Service Company of Colorado, a Colorado Corporation, recorded May 5, 1988, in Book 1195 as Reception No. 2140166. 19. Natural Gas Pipeline Easement Agreement between Coors Biotech, Inc., a Colore Corporation, and Associated Natural Gas, Inc., a Colorado Corporation, recorc 20, 1988, in Book 1203 as Reception No. 2148762. 20. Utility Line Easement Agreement between Coors Biotech Products Company, a Col Corporation, and Public Service Company of Colorado, a Colorado Corporation, recorded August 29, 1989, in Book 1242 as Reception No. 2190070. 21. Natural Gas Pipeline Easement Agreement between Coors Biotech Products Compar Colorado Corporation, and Associated Natural Gas, Inc., a Colorado Corporatic recorded April 16, 1990, in Book 1261 as Reception No. 2210867. 22, Easement Agreement between Coors Biotech, Inc., a Colorado Corporation, and L West Communications, Inc., a Colorado Corporation, recorded March 11, 1991, i 1292 as Reception No. 2243558. 23. Easement for sanitary sewer line purposes as granted to the Town of Johnstowr Municipal Corporation, by instrument recorded February 28, 1995, in Book 148: Reception No. 2428241. 24. Reservation as contained in Patent recorded March 3, 1882, in Book 20 at Page (which covers the NE1/4 or said Section 9, said reservation being as follows: Excluding and excepting "All Mineral Lands" should any such be found to exist . _ __. - =.�Cr«O,, b sari noc be construed to include coal and. iron 1111111"II' III'II'I111 11111 11111111111 111 I'I" IIII I"I 2672117 02/08/1999 02:35P Weld County CO 3 of 4 R 21.00 D 130.00 JP Suki Tsukamoto • • 25. Reservation as contained in Patent recorded September 11. 10n. 393, which co„„ tr,e ,we/., „r sa,a section 9, said reservation being as follows: Excluding and excepting "All Mineral Lands" should any such be found to exist, but this exclusion and exception shall not be construed to include coal and iron land. 26. Reservation of the right of way for said railway in width and in manner m z and form provided by the acts of congress in relation thereto. It is further agreed that whenever it is required by law that the company shall fence the road, such fence along the line of the road upon the land hereby conveyed, shall be erected and maintained by the party of the second part, their heirs and assigns; and this agreement is hereby declared a covenant running with the land, as contained in instrument from Denver Pacific Railway and Telegraph Company recorded February 3, 1879, in Book 25 at Page 29, and any interests therein, assignments or conveyances thereof. (affects NE1/4) 27. Oil and Gas Lease from The Great Western Sugar Company, a Delaware Corporation, to O Exploration, Inc., a Colorado Corporation, recorded January 10, 1973, in Book 683 as Reception No. 1605092, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Extension of Oil and Gas Leases by Production recorded October 18, 1989, in Book 1246 as Reception No. 2194930. 28. The Johnstown Community Oil and Gas Lease to X O Exploration, Inc., recorded December 17, 1981, in Book 955 as Reception No. 1877330, and any interests therein, assignments or conveyances thereof. 29. Mineral Deed from Adolph Coors Company, a Colorado Corporation to Co E Company, ors nerdy p y, a Colorado Corporation, conveying all oil, gas and other minerals and mineral rights underlying and/or appurtenant to the subject property, recorded February 13, 1984, in Book 1020 as Reception No. 1955974, together with the right O1 ingress and egress for the purpose of exploring, developing and operating said land; for oil, gas and other minerals and for producing and marketing the same therefrom; and any interests therein, assignments or conveyances thereof. 30. Contract between The Extension Irrigation Company, a mutual ditch corporation, and The Great Western Sugar Company, recorded June 27, 1947, in Book 1206 at Page 549, and as modified by instruments recorded June 27, 1947, in Book 1206 at Page 557; April 21, 1953, in Book 1355 at Page 177; April 21, 1953, in Book 1355 at Page 188; April 21, 1953, in Book 1355 at Page 192; October 14, 1953, in Book 1371 at Page 203. 31. Agreement between Lillian O. Becker and Joe W. Becker and The Great Western Sugar Company, a New Jersey Corporation, recorded October 14, 1953, in Book 1372 at Page 203, as Reception No. 1165563. 32. Agreement between The Company recorded July 33. Agreement between The Company recorded July Great Western Sugar Company and The Great Western Railway 9, 1985, in Book 1076 as Reception No. 2016333. Great Western Sugar Company and The Great Western Railway 18, 1985, in Book 1077 as Reception No. 2017575. 34. Agreement to Waive Rights in Connection with Attachment to Real Property between Solar Turbines Incorporated, Lessor; Texas -Ohio Power, Inc., Lessee, and Coors -Biotech, Inc., Party in Interest, recorded November 12, 1991, in Book 1317 as Reception No. 2268954; also filed in the UCC records under Filing No. O243717. 35. Easement dated September 23, 1929, granting Colorado Wyoming Gas Company, a Delaware Corporation, the right to construct, maintain and operate a 6" pipe line for the transportation of gas. 36. Agreement dated June 27, 1963, granting the Town of Johnstown, a body politic and corporate of the State of Colorado, the right to construct, maintain and operate a sanitary sewer line. 37. Right-of-way Agreement dated May 5, 1924, granting the Town of Johnstown, a body politic and corporate of the State of Colorado, the right to maintain and operate a municipal sewer main or conduit. 38. Agreement dated September 8, 1949, granting G.C. Binder a right of way for an irrigation ditch. 39. Easement for pipe line purposes granted to Natural Gas Associates by instrument recorded October 25, 1985, in Book 1089 at Reception No. 2029807. 40. Easement for pipe line purposes granted to Natural Gas Associates by instrument recorded July 20, 1988, at Reception No. 2148780. 41. An easement granted to Public Service Company of Colorado by instrument recorded January 15, 1987, in Book 1142 at Reception No. 2084906. I)Yi11I 1111111011111111111 1111! III 111111111 III! 2672117 02/08/1999 0236? Weld County CO 4 of 4 R 21.00 D 130.00 JR Sukl Tsukamoto Feb 12 09 09:25a Dennis Trego 970 587 6524 p.1 Town of Johnstown January 31, 2009 Colorado Sweet Gold, LLC 8714 State Highway 60 Johnstown, CO 80534 Attention: Accounts Payable Department To Whom It May Concern: Please find enclosed the following charges for water usage during the Month of January 2009 Reading as of Jan 31, 2009 Reading as of Dec 31 2008 Total amount for water use Sincerely, Debbie King Deputy Town Clerk Town of Johnstown P.O. Box 609 101 Charlotte Johnstown, CO 80534 19460.000 19460.000 0,000 gallons for January 2009 X 2.49 per thousand gallons $0.00 Total usage due $ 36.00 Sewer Charge S36.00Total Due for January 2009 Grand Total $36.00 Approved by Account Si Co. 521 a. Vendor # O 6 7 Voucher # _ Date Paid _ Amount p: 970.587.4664 f: 970.587.0141 www.townolJohnstown.com Batch # Sk# S®jLOEIC September 23, 2008 Lafarge West US 11409 Business Park Circle, Suite 200 Longmont, Colorado 80504 Attn: Mr. Jerimy Runner Re: Geotechnical Subsurface Exploration Report Lafarge Storage Tanks (Colorado Sweet Gold Facility) Johnstown, Colorado Soilogic Project # 08-1050 Mr. Runner: Soilogic, Inc. (Soilogic) personnel have completed the geotechnical subsurface exploration you requested for the proposed storage tanks to be constructed at the Colorado Sweet Gold facility in Johnstown, Colorado. The results of our subsurface exploration and pertinent geotechnical engineering recommendations are included with this report. We understand the proposed storage tanks will be approximately 100 feet in diameter and 40 feet in height. The tanks are expected to be steel shell structures supported on a ring footing foundation. At full product storage, we understand the tanks will exert approximately 2650 psf on the supporting soils. Small cuts and fills are anticipated to develop finish site grades. The purpose of our investigation was to describe the subsurface conditions encountered in the completed site borings and develop the test data necessary to provide recommendations concerning design and construction of the tank foundations. The conclusions and recommendations outlined in this report are based on results of the completed field and laboratory testing and our experience with subsurface conditions in this area. Soilogic, Inc. 1435 Hilltop Circle • Windsor, CO 80550 • (970) 674-3430 Lafarge Storage Tanks Johnstown, Colorado Soilogic # 08-1050 2 SITE DESCRIPTION The proposed storage tanks will be constructed in the western portion of the Colorado Sweet Gold facility in Johnstown, Colorado. The western portion of the site contains a lower lying area to the south with an elevated plateau to the north. The north and south tiers were observed to be relatively flat with the maximum difference in ground surface elevation across the respective tier areas estimated to be less than 4 feet. The maximum difference in ground surface elevation between the north and south tiers was estimated to be approximately 10 feet at the time of our site exploration. The north tier was vegetated while a portion of the southern tier appeared to have been stripped and was sparsely vegetated. We understand a settling lagoon previously occupied a portion of the upper tier area. We understand the lagoon was backfilled in after abandonment. Areas of settling soils were observed in the lagoon area at the time of our site exploration. Evidence of prior building construction was not observed in the proposed construction area by Soilogic personnel at the time of drilling. EXPLORATION AND TESTING PROCEDURES To develop subsurface information in the area of the proposed storage tanks, eight (8) soil borings were advanced to depths ranging from approximately 30 to 45 feet below present site grades. The boring locations were established in the field by Lafarge North America Inc. and Soilogic Inc. personnel. A diagram indicating the approximate boring locations is included with this report. A graphic log of each of the auger borings is also included. The test holes were advanced using 4 -inch diameter continuous flight auger powered by a truck -mounted CME-55 drill rig. Samples of the subsurface materials were obtained at regular intervals using California and split -barrel sampling procedures in general accordance with ASTM specification D-1586. As part of the D-1586 sampling procedure, standard sampling barrels are driven into the substrata using a 140 pound hammer falling a distance of 30 inches. The number of blows required to advance the Lafarge Storage Tanks Johnstown, Colorado Soilogic # 08-1050 3 samplers a distance of 12 inches is recorded and helpful in estimating the consistency, relative density or hardness of the soils or bedrock encountered. In the California barrel sampling procedure, relatively undisturbed samples are obtained in removable brass liners. Samples of the subsurface materials obtained in the field were sealed and returned to the laboratory for further evaluation classification and testing. As part of the field testing, resistivity tests were completed on the upper and lower tiers to help evaluate corrosive soil characteristics with respect to buried ferrous metals. The results of the completed field resistivity tests are outlined below. The samples collected were tested in the laboratory to measure natural moisture content and visually classified in accordance with the Unified Soil Classification System (USCS). The USCS group symbols are indicated on the attached boring logs. An outline of the USCS classification system is included with this report. As part of the completed laboratory testing, a calibrated hand penetrometer (CHP) was used to estimate the unconfined compressive strength of essentially cohesive specimens. The CHP also provides a more reliable estimate of soil consistency than tactual observation alone. Dry density, Atterberg limits, -200 wash and swell/consolidation tests were completed on selected samples to help establish specific soil characteristics. Atterberg limits tests are used to determine soil plasticity. The percent passing the #200 size sieve (-200 wash test) is used to determine the percentage of fine grained soils (clay and silt) in a sample. Swell/consolidation tests are performed to evaluate soil volume change potential with variation in moisture content. The results of the completed laboratory tests are outlined on the attached boring logs and swell/consolidation summary sheets. Four (4) selected soil samples were outsourced to a local laboratory for water soluble sulfates (WSS) and pH testing. Results of the completed WSS and pH tests will be provided as they become available. SUBSURFACE CONDITIONS The subsurface materials encountered in the completed site borings can be summarized as follows. Approximately 2 to 6 inches of topsoil and vegetation was encountered at the surface at the boring locations. The topsoil and vegetation was underlain by brown sandy lean clay at boring locations B-6 through B-8 completed within the upper tier. A portion of the near surface lean clay encountered in the upper tier borings appeared to be fill soils Lafarge Storage Tanks Johnstown, Colorado Soilogic # 08-1050 4 placed to develop finish site grades. The lean clay was generally soft to medium stiff, showed low swell potential at in situ moisture and density conditions and extended to depths ranging from approximately 8% to 12 feet below present site grades. The topsoil and vegetation encountered at boring locations B-1 through B-5 and lean clay encountered at boring locations B-6 through B-8 was underlain by brown to reddish brown silty sand. The sand was generally medium dense, becoming cleaner and coarser with depth. The sand extended to depths ranging from approximately 9% to 11 feet below ground surface in the completed lower tier borings and to depths ranging from approximately 19 to 22 feet below ground surface in the upper tier borings and was underlain by blue/grey claystone bedrock. The claystone was moderately hard to hard and showed low swell potential at current moisture and density conditions. The site borings were terminated at depths ranging from approximately 30 to 45 feet below present site grades in the claystone bedrock. The stratigraphy indicated on the included boring logs represents the approximate location of changes in soil and rock types. Actual changes may be more gradual than those indicated. At the time of drilling, groundwater was encountered in the lower tier borings at depths ranging from approximately 4%z to 6%z feet below ground surface. Groundwater was encountered in the upper tier borings at depths ranging from approximately 12'/2 to 14 feet below ground surface. Groundwater level information is indicated in the upper right hand corner of the attached boring logs. Groundwater levels will vary seasonally and over time based on weather conditions, site development, irrigation practices and other hydrologic conditions. Perched groundwater conditions may also be encountered at times throughout the year. Perched water is commonly encountered in soils overlying less permeable soil layers and/or bedrock. The location and amount of perched water can also vary over time. ANALYSIS AND RECOMMENDATIONS Site Development Approximately 7 feet of apparent fill soils were encountered at boring locations B-7 and B-8 completed in the upper tier area. We understand a settling lagoon previously Lafarge Storage Tanks Johnstown, Colorado Soilogic # 08-1050 5 occupied a portion of the upper tier and was backfilled after abandonment. The apparent fill soils were generally soft in consistency. Soil settlement was apparent at the surface in portions of the upper tier area. In addition, relatively soft apparently natural clay was encountered at the surface at boring location B-6 completed within the upper tier. Within the upper tier we recommend the proposed storage tanks be overexcavated to natural undisturbed soil level or to a minimum depth of five (5) feet whichever results in the greater overexcavation depth. The removal/overexcavation area should extend laterally 6 inches past the edge of the tank for every 12 inches of removal depth. As a precaution, we recommend the individual tanks be overexcavated to a consistent depth in order to reduce the amount of differential settlement across the tank footprints. The excavated/removed materials should be replaced with controlled and compacted backfill as outlined below. Any existing topsoil and vegetation should be completely removed from storage tank areas. After stripping and completing all cuts and removal procedures, we recommend the exposed subgrade soils be scarified to a depth of 9 inches, adjusted in moisture content and compacted to at least 100% of the materials standard Proctor maximum dry density. The moisture content of the scarified soils should be adjusted to be within the range of ±2% of standard Proctor optimum moisture content at the time of compaction. Fill and backfill soils required to develop foundation bearing should consist of approved, low volume change, essentially granular soils free from organic matter, debris and other objectionable materials. We recommend materials consistent with Colorado Department of Transportation (CDOT) Class 5, 6 or 7 specifications be used as fill or backfill to develop tank foundation bearing. Suitable fill and backfill soils should be placed in loose lifts not to exceed 9 inches thick, adjusted in moisture content and compacted as recommended for the scarified soils above. Care should be taken to avoid disturbing reconditioned subgrades and site fill and backfill soils prior to placement of foundation concrete. Soils which are allowed to dry out or become wet and softened or disturbed by the construction activities should be removed and replaced or reworked in place prior to concrete placement. Lafarge Storage Tanks Johnstown, Colorado Soilogic # 08-1050 6 Foundations Based on results of the completed field and laboratory testing, it is our opinion the proposed storage tanks could be constructed with ring footing foundations bearing on natural undisturbed silty sand or suitable structural soils developed as outlined above. Stage loading of the individual tanks should be completed to full capacity upon initial filling to allow for close monitoring of the anticipated total and differential movement of the tanks. For design of footing foundations bearing on medium dense sand or properly placed and compacted structural soils, we recommend using a maximum net allowable soil bearing pressure of 3000 psf. As a precaution, we recommend footing foundations be protected from frost. We recommend formed strip footings have a minimum width of 12 inches in order to facilitate construction and reduce the potential for development of eccentrically loaded footings. Actual footing widths should be designed by a structural engineer. For design of footing foundations to resist lateral movement, a passive equivalent fluid pressure value of 300 pcf could be used. A coefficient of friction of 0.55 could be used between foundation concrete and the bearing soils to resist sliding. The recommended passive equivalent fluid pressure value and coefficient of friction do not include a factor of safety. We estimate settlement of tank foundations designed and constructed as outlined above and resulting from the assumed structural loads would be less than 2.5 inches. Differential settlement could approach the amount of total settlement estimated above. Care should be taken to provide sufficient separation distance, in between storage tanks in order to reduce the potential for compounding settlement effects. We recommend a minimum of 20 feet of separation be developed between all tanks. Seismicity Based on our review of the International Building Code (2003), a soil profile type D could be used for the site strata. Based on our review of United States Geologic Survey Lafarge Storage Tanks Johnstown, Colorado Soilogic # 08-1050 7 (USGS) mapped information, design spectral response acceleration values of SDS = 0.209 (20.9%) and SDI = .091 (9.1%) could be used. Corrosive Soil Characteristics Field resistivity tests were completed on the upper and lower tiers to help evaluate corrosive soil characteristics with respect to buried ferrous metals. The resistivity tests were completed with a Nilsson model -400 soil resistance meter using the Wenner 4 Pin Method. The tanks are expected to bear a maximum of approximately 30 inches below grade such that probe spacings of 5 and 10 feet were used to develop subsurface information at those depths. Results of the field resistivity tests are outlined below in Table I. TABLE I - RESISTIVITY TEST RESULTS Test Location Electrode Spacing Measured Resistivity (ohm -cm) A 5' 21,100 10' 19,100 B 5' 2,400 10' 4,200 The results of the resistivity test completed on the lower tier soils fall within a non - aggressive category for the degree of aggression for corrosion of buried ferrous metals. The results of the resistivity test completed on the upper level soils fall within a moderately aggressive category for the degree of aggression for corrosion of buried ferrous metals. Preventative venues should be taken in areas of moderately aggressive soils to help reduce the potential for iron degradation over time. Water-soluble sulfates (WSS) and pH tests are currently being completed on selected samples to help evaluate corrosive soil characteristics with respect to buried concrete, Lafarge Storage Tanks Johnstown, Colorado Soilogic # 08-1050 8 iron and steel. Results of the WSS and pH tests will be provided as they become available. Drainage Positive drainage is imperative for long term performance of the product storage tanks. Water which is allowed to pond adjacent to the tanks can result in a loss of subgrade support and unsatisfactory performance of the storage tanks over time. LIMITATIONS This report was prepared based upon the data obtained from the completed site exploration, laboratory testing, engineering analysis and any other information discussed. The completed borings provide an indication of subsurface conditions at the boring locations only. Variations in subsurface conditions can occur in relatively short distances away from the borings. This report does not reflect any variations which may occur across the site or away from the borings. If variations in the subsurface conditions anticipated become evident, the geotechnical engineer should be notified immediately so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include either specifically or by implication any biological or environmental assessment of the site or identification or prevention of pollutants or hazardous materials or conditions. Other studies should be completed if concerns over the potential of such contamination or pollution exist. The geotechnical engineer should be retained to review the plans and specifications so that comments can be made regarding the interpretation and implementation of our geotechnical recommendations in the design and specifications. The geotechnical engineer should also be retained to provide testing and observation services during construction to help determine that the design requirements are fulfilled. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with the generally accepted Lafarge Storage Tanks Johnstown, Colorado Soilogic # 08-1050 9 standard of care for the profession. No warranties express or implied, are made. The conclusions and recommendations contained in this report should not be considered valid in the event that any changes in the nature, design or location of the project as outlined in this report are planned, unless those changes are reviewed and the conclusions of this report modified and verified in writing by the geotechnical engineer. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning the enclosed information or if we can be of further assistance to you in any way, please do not hesitate to contact us. Very Truly Yours Soilogic, I Wolf von Carlowitz, P.E. Principal Engineer t I I LAFARGE STORAGE TANKS JOHNSTOWN, COLORADO Y F I U t� , ACCESS ROAD 0 I- D. J enE. I , Z N W z o In E 0 O Z / / / i CC w BORING LOCATION DIAGRAM / Y COLORADO STATE HIGHWAY 60 No PS' •\ . B -B •• B--7 I• Resistivity B 8-6 • • • • • UPPER TIER /GRADE BREAK e 2 B LOWER TIER $. �UN B-4 I i Resistivity A 4- B-1 B-3 SEPTEMBER 2008 PROJECT # 08-1050 LAFARGE STORAGE TANKS LOG OF BORING B-1 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 r SOILOGIC Sheet 1/2 Drilling Rig: CME 45 Water Depth Information Start Date 9/11/2008 Auger Type: 4" CFA During Drilling 5' Finish Date 9/11/2008 Hammer Type: Automatic After Drilling 4.8' Surface Elev. - Field Personnel. WvC 24 Hours After Drilling in re te % Passing SOIL DESCRIPTION Depth a "N" MC DD q„ % Swell @ Swell Afterberg Limits # 200 Sieve 101 (%) (pofl Ipso 500 psf Pressure LL PI (%) TOPSOIL AND VEGETATION - 1 SM SILTY SAND - light brown 2 medium dense - 3 SP SAND 4 reddish brown medium dense 5 CS 26 4.7 108.1 N/A None <500 psi NL NP 6.5% 6 7 a 9 10 CS 28 14.8 - N/A - • - - 11 CLAYSTONE blue grey 12 moderately hard to hard 13 14 15 16 17 18 19 20 - SS 50/3 19.0 - 9000+ - • - 21 22 23 24 Continued on Sheet 2 of 2 25 LAFARGE STORAGE TANKS LOG OF BORING B-1 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SOILOGIC r Sheet 2/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/11/2008 Auger Type: 4" CFA During Drilling 5' Finish Date 9/11/2008 Hammer Type: Manual After Drilling 4.8' Surface Elev. - Field Personnel WvC 24 Hours After Drilling m w % Passing up SOIL DESCRIPTION Depth E' "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve lnl in (%) (PO (PSI) 500 psf Pressure LL PI 1%1 Continued from Sheet 1 of 2 - 26 CLAYSTONE CONT. - blue grey 27 moderately hard to hard - 28 29 30 CS Bnce 11.7 9000+ • - - - 31 32 33 34 35 36 37 38 39 90 - ss 50/1 - - - - • - - - BOTTOM OF BORING 40.5' 41 42 43 44 45 46 47 48 49 50 LAFARGE STORAGE TANKS LOG OF BORING B-2 JOHNSTOWN, COLORADO Project # 08.1050 September 2008 SOILOGIC r Sheet 1/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/11/2008 Auger Type: 4" CFA During Drilling 6.5' Finish Date 9/11/2008 Hammer Type: Manual After Drilling 6.5' Surface Elev. - Field Personnel. WvC 24 Hours After Drilling m % Passing In SOIL DESCRIPTION Depth a "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve IO) N (%) (Pot) (pet) 500 psf Pressure LL PI I%) TOPSOIL AND VEGETATION - 1 SM SILTY SAND 2 brown to reddish brown medium dense 3 4 5 - SS 11 3.6 93.4 N/A None <500 psi NL NP 3.3% SP SAND reddish brown 6 medium dense 7 8 9 10 11 CLAYSTONE - blue/grey 12 moderately hard to hard - 13 14 15 CS 50/2 13.7 • 9000+ . - - • 16 17 18 19 20 21 22 23 24 Continued on Sheet 2 of 2 25 SS 50/3 12.3 109.4 9000+ - • - - LAFARGE STORAGE TANKS LOG OF BORING B-2 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SOILOGIC s Sheet 2/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/11/2008 Auger Type: 4" CFA During Drilling 6.5' Finish Date 9/11/2008 Hammer Type: Manual After Drilling 6.5' Surface Elev. - Field Personnel. WvC 24 Hours After Drilling ,n vi % Passing in SOIL DESCRIPTION Depth it "N" MC DD qa % Swell @ Swell Atterberg Limits # 200 Sieve 3 161 (%) Ipso Ipso 500 psf Pressure LL PI (%) Continued from Sheet 1 of 2 26 27 CLAYSTONE CONT. grey maderalley hard to hard 28 29 30 31 32 33 34 35 55 50/2 18.6 - 9000+ - - - - - BOTTOM OF BORING 35.5' 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 LAFARGE STORAGE TANKS LOG OF BORING B-3 JOHNSTOWN, COLORADO Project# 08-1050 September 2008 SOILOGIC Sheet 1/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 5' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel CLV 24 Hours After Drilling - co ir % Passing N SOIL DESCRIPTION Depth J "N" MC DD q„ / Swell @ Swell Atterberg Limits # 200 Sieve IN ,a„ 1%) (rich lash 500 psf Pressure LL PI Oh TOPSOIL AND VEGETATION - 1 SM SILTY SAND brown 2 medium dense 3 4 SP SAND 5 CS 21 3.1 - N/A - - - - - reddish brown medium dense 6 7 8 9 10 - 55 50/5 8.1 - N/A - 11 GLAYSTONE blue/grey 12 moderately hard to hard 13 14 15 16 17 15 19 20 - 55 50/3 14.4 - 9000+ - - - - - 21 22 23 24 Confined on Sheet 2 of 2 25 LAFARGE STORAGE TANKS LOG OF BORING B-3 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SQILQGIC o Sheet 2/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 5' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel CLV 24 Hours After Drilling - m ce w % Passing m SOIL DESCRIPTION Depth u- "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve (01 (%I (pc0 (ps0 500 psf Pressure LL PI p41 Continued from Sheet 1 of 2 - 26 CLAYSTONE CONT. - blue/grey 27 moderately hard to hard - 28 29 30 - SS 50/3 15.0 - 9000+ - - - 31 32 33 34 35 36 37 38 39 40 - 5S 50/2 18.4 - 9000+ • - - - - BOTTOM OF BORING 40.5' 41 42 43 44 45 46 47 48 49 50 LAFARGE STORAGE TANKS LOG OF BORING B-4 JOHNSTOWN, COLORADO Protect # 08-1050 September 2008 SCjLCIGIC r Sheet 1/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 4.5' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel. CLV 24 Hours After Drilling - u1 Lu % Passing u SOIL DESCRIPTION Depth a "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve 101 v, (%) lace (P51) 500 psf Pressure LL PI (s( TOPSOIL AND VEGETATION - 1 2 SM SILTY SAND - brown 3 medium dense - 4 5 SP CLAYSTONE - SS 23 13.5 • N/A - • - • blue/grey 6 moderately hard to hard - 7 8 9 ID - SS 50/5 19.8 - 9000+ - - - - 11 12 13 14 15 16 17 18 19 20 - SS 50/3 15.0 - 9000+ - - - - - 21 22 23 24 Continued on Sheet 2 of 2 25 LAFARGE STORAGE TANKS LOG OF BORING B-4 JOHNSTOWN, COLORADO Project # 08.1050 September 2008 SCIILCIGIC Sheet 2/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 4.5" Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel. Cli/ 24 Hours After Drilling - Le cc vs V Passing N SOIL DESCRIPTION Depth d "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve 3 (0) (v.) (pcq (pail 500 psf Pressure LL PI (%) Continued from Sheet 1 of 2 - 26 CLAYSTONE CONT. - blue/grey moderately hard to hard 27 28 29 30 - SS 50/2 13.5 - 9000+ - - - - - BOTTOM OF BORING 30.5' 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 LAFARGE STORAGE TANKS LOG OF BORING B-5 JOHNSTOWN, COLORADO Project# 08-1050 September 2008 SOILOGIC Sheet 1/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 5.3" Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel. CLV 24 Hours After Drilling 0 ta % Passing N SOIL DESCRIPTION Depth a "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve In) N Ix) (pct) tpsl) 500 psf Pressure LL PI I'M TOPSOIL AND VEGETATION 1 SM SILTY SAND 2 brown - medium dense 3 4 SP SAND - reddish brown 5 medium dense - SS 18 2.7 • N/A - - 6 7 8 9 10 - SS 16 - - - - - - 11 CLAYSTONE 12 blue/grey moderately hard to hard 13 14 15 16 17 18 19 20 - 55 50/4 - - 21 22 23 24 Continued on Sheet 2 of 2 25 55 50/3 15.8 - 9000+ - - - - - LAFARGE STORAGE TANKS LOG OF BORING B-5 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SOILOGIC r Sheet 2/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 5.3' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel. CLV 24 Hours After Drilling ie w % Passing In SOIL DESCRIPTION Depth 0- "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve MI ("4) (Poi) Ipso 500 psi Pressure LL PI 1x) Continued from Sheet 1 of 2 - 26 CLAYSTONECONT. 27 blue/grey - moderately hard to hard 28 29 30 31 32 33 34 35 - 55 50/2 16.6 - 9000+ - - - - - BOTTOM OF BORING 35.5' 36 37 36 39 90 41 42 43 44 45 46 47 46 49 50 LAFARGE STORAGE TANKS LOG OF BORING B-6 JOHNSTOWN, COLORADO Project # 08.1050 September 2008 SO(LOGIC Sheet 1/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 13.8' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel. CLV 24 Hours After Drilling - m w % Passing in SOIL DESCRIPTION Depth a "N" MC DD q„ %Swell @ Swell Atterberg Limits # 200 Sieve 3 (ft)IN (Pot)IN(P(Pe)500 psf Pressure LL PI I TOPSOIL AND VEGETATION 1 SC CLAYEY SAND brown 2 medium dense 3 4 5 - 55 9 8.6 107.0 9000+ 0.4% 1250 psf 27 11 48.1% 6 7 8 9 10 - 55 6 14.1 - 6000 - - - • . 11 CLEANER AND COURSER Q 12' 12 13 14 15 16 17 18 19 20 CLAYSTONE - 55 22.2 9000+ • - - . blue/grey 21 moderately hard to hard 22 23 24 Continued on Sheet 2 of 2 25 LAFARGE STORAGE TANKS LOG OF BORING B-6 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SOJLOGIC 1 Sheet 2/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 13.8' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel CLV 24 Hours After Drilling - u, % Passing N SOIL DESCRIPTION Depth a- "N" MC DD flu % Swell @ Swell Atterberg Limits # 200 Sieve 3 IN ,a„ (x) (pcq (psfl 500 psf Pressure LL PI (%) Continued from Sheet 1 of 2 - 26 27 CLAYSTONE CONT. - blue/grey moderately hard to hard 2B 29 30 - SS 50/3 15.1 9000+ - - • - 31 32 33 34 35 36 37 38 39 40 - SS 50/2 16.4 • 9000+ - - BOTTOM OF BORING 40.5' 41 42 43 44 45 46 47 48 49 50 LAFARGE STORAGE TANKS LOG OF BORING B-7 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SOJLOGIC , Sheet 1/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 12.4' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel CLV 24 Hours After Drilling - in cc ci % Passing u In SOIL DESCRIPTION Depth c- "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve Inl PM tpc0 Ipso 500 pst Pressure LL PI MI TOPSOIL AND VEGETATION - 1 SC FILL: CLAYEY SAND brown 2 medium dense 3 4 5 - 55 8 9.8 6500 _ 6 7 SC CLAYEY SAND brown 8 medium stiff 9 10 • 5S 6 18.1 110.2 4500 None <500 pal 27 10 39.8% 11 CLEANER AND COURSER al 12' 12 13 14 15 16 17 18 19 20 - SS 8 22.9 N/A - - - 21 22 CLAYSTONE 23 blue/grey - moderately hard to hard 24 Continued on Sheet 2 oft 25 SS 50/6 17.3 • 9000+ - - - - - LAFARGE STORAGE TANKS LOG OF BORING B-7 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SQILQGIC , Sheet 2/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 12.4' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel. CLV 24 Hours After Drilling - in cc % Passing N SOIL DESCRIPTION Depth 0- "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve 3 (nt ,a„ MI (pct/ (psq 500 psi Pressure LL PI (5:) Continued from Sheet 1 of 2 - 26 27 CLAYSTONECONT. blue/ grey 28 moderately hard to hard - 29 30 31 32 33 34 35 SS 50/2 17.3 - 9000+ - - - - 36 37 38 39 40 41 42 43 44 95 - SS 50/2 18.6 • 9000+ • - - - BOTTOM OF BORING 45.5' 46 47 48 49 50 LAFARGE STORAGE TANKS LOG OF BORING B-8 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SO]LOGIC r Sheet 1/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling 13.3' Finish Date 9/17/2008 Hammer Type: Manual After Drilling Surface Elev. - Field Personnel. CLV 24 Hours After Drilling - m w % Passing SOIL DESCRIPTION Depth it "N" MC DD q„ % Swell @ Swell Atterberg Limits # 200 Sieve 3 tnf y PM Ipoq (pat) 500 psf Pressure LL PI (%) TOPSOIL AND VEGETATION - 1 SC FILL: CLAYEY SAND 2 brown - medium dense 3 4 5 - S5 7 9.2 - 9000+ - - - - 6 7 SC CLAYEY SAND 6 brown medium dense 9 10 - 55 5 7.9 109.2 3500 None <500 psf NL NP • 11 CLEANER AND COURSER rg 12' 12 13 14 15 16 17 18 19 CLAYSTONE 20 blue/grey - SS 21 19.0 9000+ - - - - moderately hard to hard 21 22 23 24 Continued on Sheet 2 of 2 25 LAFARGE STORAGE TANKS LOG OF BORING B-8 JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SOILOGIC 1 Sheet 2/2 Drilling Rig: CME 55 Water Depth Information Start Date 9/17/2008 Auger Type: 4" CFA During Drilling None Finish Date 9/17/2008 Hammer Type: Manual After Drilling 13.4" Surface Elev. - Field Personnel. CLV 24 Hours After Drilling in vi Passing SOIL DESCRIPTION Depth a "N" MC DD q° °A Swell @ Swell Atterberg Limits # 200 Sieve 3 (ft) h t%) 1poq tps0 500 psi Pressure LL PI 1A1 Continued from Sheet 1 of 2 - 26 CLAYSTONE CONT. 27 blue/ gray - moderately hard 28 29 30 - SS 50/4 17.4 - 9000+ • - - - 31 32 33 34 35 36 37 38 39 40 - 5S 50/3 22.0 • 9000+ • - • • BOTTOM OF BORING 40.5' 41 42 43 44 45 46 47 48 49 50 LAFARGE STORAGE TANKS JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SWELL/CONSOLIDATION TEST SUMMARY Sample ID: B-1, S-1 @ 4' Sample Description: Light Brown Poorly Graded Sand Initial Moisture 8.0% Liquid Limit NL Final Moisture 19.1% Plasticity Index NP % Swell @ 500 psf None % Passing #200 6.5% Swell Pressure <500 psf Dry Density 108.1 pcf iSoLOGIC LAFARGE STORAGE TANKS JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SWELL/CONSOLIDATION TEST SUMMARY Sample ID: B-2, S-1 @ 4' Sample Description: Reddish Brown Poorly Graded Sand Initial Moisture 3.1% Liquid Limit NL Final Moisture 21.3% Plasticity Index NP % Swell @ 500 psf None % Passing #200 3.3% Swell Pressure <500 psf Dry Density 93.4 pcf soILOGIC LAFARGE STORAGE TANKS JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SWELL/CONSOLIDATION TEST SUMMARY Sample ID: B-2, S-3@ 24' Sample Description: Blue/Grey Claystone Initial Moisture 15.7% Liquid Limit - Final Moisture 19.0% Plasticity Index - % Swell @ 500 psf 1.7% % Passing #200 - Swell Pressure - Dry Density 109.4 pcf SO LCOGIC LAFARGE STORAGE TANKS JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SWELL/CONSOLIDATION TEST SUMMARY Sample ID: B-6, S-1 @ 4' Sample Description: Brown Clayey Sand Initial Moisture 12.6% Liquid Limit Final Moisture 16.6% Plasticity Index % Swell @ 500 psf 0.4% % Passing #200 27 11 48.1% Swell Pressure 1250 psf Dry Density 107.0 pcf V SaLoGic LAFARGE STORAGE TANKS JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SWELL/CONSOLIDATION TEST SUMMARY Sample ID: B-7, S-2 @ 9' Sample Description: Brown Clayey Sand Initial Moisture 16.2% Liquid Limit 27 Final Moisture 16.4% Plasticity Index 10 % Swell @ 500 psf None % Passing #200 39.8% Swell Pressure <500 psf Dry Density 110.2 pcf SOILOGIC LAFARGE STORAGE TANKS JOHNSTOWN, COLORADO Project # 08-1050 September 2008 SWELL/CONSOLIDATION TEST SUMMARY Sample ID: B-8, S-2 @ 9' Sample Description: Brown Silty Sand Initial Moisture 10.6% Liquid Limit - Final Moisture 15.5% Plasticity Index - % Swell @ 500 psf None % Passing #200 - Swell Pressure <500 psf Dry Density 109.2 pcf soirt Gic UNIFIED SOIL CLASSIFICATION SYSTEM (USCS) Coa(se-Grained Soils more than 50% retained on No. 200 sieve Grovels more than 50% oI coarse fraction retained on No. 4 sieve Clean Gravels Less than 52 lines Cu14 and <Cc<3' CW Well -graded grovel' CuC4 and/or 1>Cc>3` GP Poorly -graded grovel' Gravels with Fines Finep classify en MI or MN more Ihon 52% lines Fines classify os CL or CH Clean Sands Less Cu>y and l<Cc53' than 5% fines GM Silty grovel. G.H GC Clayey Grovel' Sands 502 or more cootie fraction posses No. 4 sieve SW Well -graded sond Cu<6 and/or INc>J' SP Poorly -graded sand' Sands with Fines Fines classify as ML or MM more Iho 52% lines Fines classify os CL or CH SM SC Silly sand`"' CIotey sand' Fine-Groined Silts and Cloys Soils 50% or liquid Limit less more posses the than 50 No. 200 sieve inorganic PI)7 and plots on or above -A Line' CL Leon cloy" Pl<4 or plots below -A -Line' Mt Slt" organic Liquid Limit - oven dried Liquid Limit - not dried <0.75 OL Organic cloyr.-- Organic silt •' Silts and Cloys inorganic Liquid Limit 50 or more Pl plots on or above 'Aline CH Fot PI plots below -A -Line M71 Elastic Sill" organic Liquid Limit - oven dried Liquid Limit - not dried <0.75 OH Organic clay'' Organic sill"l Highly organic soil 'Roses be on meleud pase.eq ter 3-'n (75 - re.) sire 41 Me .omple cOnloWeit cobbles Or Renders. v both. see 'ei. cebtlel s baWders, er bole' to yew. wow wade elth 5 to Is tines mound awl robots: CW-0.I eel poses yowl sits bbl no -yeses Mad sits cloy ' pwey y<ee revel Win CPI tP-EC '°rly-geedee yowl vim awn 'Sane. Web 5 to 122 Mel meson. con stare, 5N -Su eel- yeses send wan .55 SM-SC .M-greeed .Me rub Y Cloy -Son peony oilseed sand e sel 50 -SC peony tweed . Win nay Pri,npriy organic molter. sorb in color, end organic odor PT Peot d 0 0 'Cue.D../o, CcO14 - 'II poi contain. >us sand, 'Wendt, sane m roue neme. ell fon conc.? es CL -CL, oo one symbol k -N, r SC -Sin. 'Sr rats We e,geaie. sit .Its wort roe. Ir ed el ea I .r ew >LSxgroea..ail .an yowl lo I rivesname. Ilei0 9 ^ie eels d,eaeo °roe. awl .e a CL -CL, elle dap 'II sW owtone 15 le 2020n Na. 700. odd 'ewe. send- et 'eil, growl. .nknes LI seed.,,inant • 9ei Conlon; 1 36' plash.. 200 e.ede.'Y,esuy lead. odd WWI Is eras •n no contains 1 30% lice o 70° s'edombeendy Yank odd grever le pour • P1>e end Meta On or Obese 'C Flee °Pis< or fret. brio.' l.a °R plots on • aeon*r.' M. b•lot. Rein .C rat Ix eoniewibe we m ewrd sods wwwww ea M.. us art to tits. d V's4 ,..e renew x-0.1 is et Ilea-bowe rx,Yn is ILL -NI rli -an aao was r __. �,�• -J.' ' e O� - d ' ' - Qt G ML ee OL t MHMOH '--- al .a .a tar LIOUIO 1114 ILL) Fine Grained Soils Qu(psf) Consistency Coarse Grained Soils Blows/ft Relative Density Bedrock Blows/ft Weathering .300 Very Soft 0-4 Very Loose 0-50 Weathered 500-1000 Soft 5-8 Loose 50. Competent 1001.2000 Medium Stiff 9.12 Slightly Dense Degree of Weathering 2001-4000 Stiff 13-30 Medium Dense Slight: Slight decomposition, possible color change 4001.8000 Very Stiff 31-50 Dense • Moderate: Some decomposition and color change throughput 8001.16000 Very Had 50. Very Dense HHgh: Rock highly decomposed, may be extremely broken Hello