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HomeMy WebLinkAbout20080083.tiff Lorraine Elmquist& • Elmquist Bros. 8724 I-25 Frontage Rd. East Longmont, CO 80504 July 9, 2007 Mr. Chris Gathman, Weld County Department of Planning Services 4209 CR24.5 Longmont, CO 80504 Re: Case Number USR-1617 Dear Mr. Gathman, Thank you for your assistance on May 21 when you provided written information about Case Number USR-1617, east of and adjacent to CR 3 and south of and adjacent to State Highway 60. Having reviewed the "SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW" submitted by Mr. James Warner, we wish to bring to your attention our concerns. The"Proposed Use" is listed on the USR application form as, "Water tap to support oil & gas • activities." When Lorraine Elmquist received the "Notice to Surrounding Property/Mineral Interest Owners,"the description provided in it did not bring to our attention what appears to be a more significant change in the use of the Warner property surrounding the oil and gas support facility. Upon reviewing the detailed information attached to the form, we learned that not only would a water tap be under review but also a change in the vehicular access to the tank facility and treater house that exist immediately adjacent to Weld CR 3. As surrounding property and mineral owners, we have the following interests and concerns: 1. We understand by reading the information associated with the USR application that there is a continuing need for oil and gas related separation, production and storage equipment to remain in use on the site adjacent to CR 3, including the water tap that apparently already exists and has been there since sometime after 1994. As surface and mineral interest owners of both the farm immediately to the north of this site on,the north side of State Highway 60 and of a nearby reservoir southwest of the intersection of CR 3 and SH 60, we have a stake in the continued viability of oil and gas production activities in the vicinity. (The farm is located in Larimer County and is the S'/ of the SW% of Section 32, T5N, R68W. The reservoir site was not labeled on the notification's map and is surrounded by the property labeled as"Schrage." It is located in Weld County and is part of E''/2 of the NE'%of Section 6, T4N, R68W.) We do not have a full understanding of how the use of the Warner property may have • evolved over many years. Nevertheless, it appears to us that the proposed fencing and EXHIBIT 2008-0083 Comments from Lorraine Elmquist& Elmquist Bros. Case Number USR-1617 July 9, 2007 • Page 2 of 3 landscaping between the oil and gas facilities and CR 3 should have been installed on the west side of CR 3 by, and at the expense of, the developers of new residences there, rather than expecting those amenities to be provided now by the oil and gas operators. 2. In conjunction with any changes being proposed on the Warner property now or in the future, we believe that it is important to have Weld County document the routing across the Warner property of an irrigation ditch that carries water to the eastern portion of our farm. This is labeled as an "unnamed ditch"on the site map associated with the application. Our water comes from the Home Supply Ditch and, for a short distance between the Home Supply Ditch and the oil tank facility, it runs northerly along the eastern edge of Weld County Road 3. Just south of the oil tank facility, it turns away from CR 3 and heads northeasterly across the Warner property, passing along the southeast edge of the oil tank facility and treater house. The routing and construction features of the proposed access road need to be designed in such a way that our farm operation's continued use of, and accessibility to,this ditch is recognized and accommodated. 3. We do not agree that the proposal to move the truck access from CR 3 to SH 60 can be easily • summarized as a change that"will improve road conditions, minimize dust,reduce noise and improve safety." (Part 1 of the USR Questionnaire) • Dust: One might assume that all traffic leaving or entering the oil and gas facilities would be using SH 60 and not by coming from or leaving the site to the south via CR 3. It appears to us from the site drawing that the length of driveway associated with changing the access from CR 3 to SH 60 would cause trucks to travel on what we are expecting would be a privately owned gravel or dirt lane for a substantially longer distance than they currently travel on CR 3 (which is a gravel road) between SH 60 and the two current access points along CR 3. (If some traffic is reaching or leaving the site from/to the south on CR 3, it will have an even longer distance to travel on gravel or dirt after the change.) Consequently, it seems reasonable for us to assume that the change in access would result in more dust being generated by each truck trip overall, and certainly more dust being airborne in the immediate vicinity of our property's residence, which is directly across SH 60 from the proposed access point. The house on our property has existed there for about 90 years and we believe that its surroundings, environmental quality, and transportation safety deserve to be given as much consideration as the residences along CR 3 that were built much more recently in close proximity to the pre-existing oil and gas facilities. • Noise: We understand the interest in moving truck traffic away from residential sites for • purposes of reducing noise impacts. However, while having trucks enter and exit the oil and gas facilities via the proposed SH 60 access will cause less noise to be generated at Comments from Lorraine Elmquist& Elmquist Bros. Case Number USR-1617 July 9, 2007 • Page 3 of 3 the CR 3 residences,the change in traffic pattern will likely cause more noise to be generated in close proximity to the residence on our property after the proposed change. Additionally, because there is presumably more traffic using SH 60,there is likely to be even more noise generated than before from the other vehicles on SH 60, which will now be accelerating or decelerating because of being impeded by the slow-moving oil and gas related vehicles turning on and off SH 60. There does not appear to be any reasonable assurance that the truck traffic can be restricted to daytime hours, resulting in the potential for sleep to be interrupted during the night. • Safety: We do not understand how the proposed change in access will improve traffic- related safety. Having truck traffic continue to utilize the well-marked CR 3 intersection enroute to the water tap would seem to be a better choice from the standpoint of vehicular safety than having it use a private driveway on SH 60. With State Highway 60 being a paved thoroughfare, as compared to CR 3 being a much lower volume, gravel collector/local road, there are likely to be greater risks for collisions between the oilfield trucks and other traffic traveling past the site's public road access point if it would be on SH 60. While the proposed"oil/gas access" onto the Warner property from SH 60 • already exists to serve a well head and pump south of our farm,the proposed change would result in increased use of this access by rerouting what has previously been traffic turning onto and off of CR 3. This would appear to be an unwise change simply because of the conflicts with the substantially faster-moving SH 60 traffic, notwithstanding the higher volumes of traffic on SH 60. The increased traffic using this access will pose new conflicts and hazards to those motorists wishing to enter or leave the driveways on the north side of SH 60 that serve our property, and to the other motorists using SH 60. In other words,the proposed change would appear to bring the detrimental aspects of environmental impacts (dust, noise and headlight distractions) and traffic safety hazards from CR 3 to our property's residence on SH 60 and even make them more pronounced. We appreciate your consideration of our concerns and look forward to seeing responses to them as the application moves forward. Best regards, Stanley O Elmquist 6 on behalf of Lorraine Elmquist &Elmquist Bros. • cc: Colorado Department of Transportation Region 4—Attn: Gloria Hice-Idler 209 east fourth street lowland,colorado 80537 970.663.0548 • fax 970.669.2384 www.kenneyarch.com July 10, 2007 Chris Gathman Weld County Planning Services 918 10th Street Greeley, CO 80631 RE: Warner USR-1617 Dear Chris, Please find attached my response to the USR Questionnaire for the above referenced project. The questionnaire as submitted is very misleading and exaggerated. I will respond to each section as it is outlined in their proposal. 1) Use of property When I moved onto my property in 1992 the site consisted of storage tanks only. No other use occurred. Approximately 6 or 7 years ago the storage tanks were relocated and a Little Thompson 4"water tap and a metal building were installed without a permit. If the USR site is only the area located at the corner of SH 60 and WCR 3 then no production occurs on the site. There are numerous wells in the vicinity, as there are in all of Weld County; however the use of the site is Heavy Industrial filling • of 18 wheel tanker trucks. Photos have been submitted for your review. As per the traffic study by Weld County Public Works for the 3 days of 3/13/07 to 3/16/07 the study shows A&W truck activity of 91 trucks in 72 hours. That's 30.3 per day not the 9.89 the applicant is claiming. I have previously provided a copy of the report to you. An ambient air quality report was performed on the truck loop road only on 3/6/07. The Colorado and National Ambient Air Quality standard for 24-hour impact is 150 micrograms per cubic meter. The report concluded that at my front door the impact is 350 micrograms or over twice the legal limit. In order to get to the legal limit you have to be 160 meters from the loop road. So simply keeping the trucks off of WCR 3 is not going to minimize the dust problem. Again you have a copy of this report. Not only is the dust a problem but the noise of as many as 10 diesel trucks idling at the same time as well as the smell from the exhaust is EXHIBIT • kenney e associates, LLC architects landscape architects urban designers planners 209 east fourth street lowland,colorado 80537 970.663.0548 • fax 970.669.2384 www.kenneyarch.com well beyond the goals outlined in the Weld County Comprehensive Plan. The trucks are not able to safely turn onto SH 60 from WCR 3 without having to cross into oncoming traffic. Photos of this have been provided. The previous use as well as the proposed use is in violation of the Industrial Development Policy 4.3 of the Comp. Plari. As far as a portable toilet goes, I would rather they just continue to relieve themselves behind the building than have to look at and smell a portable toilet that will never be pumped out or cleaned. 2) Consistent with Comp. Plan This use is not even close to being consistent with the Comp. plan. The use will remain unchanged? It was illegal to begin with. They want to preserve the property? It is currently for sell, and will most likely become a subdivision like all the other land that surrounds it. The look of the property will not be preserved in nature; they are proposing a heavy industrial use. And as stated they intend to intensify its usage. It will take on the look of a truck stop. Something like a Johnson's Corner. • The water tap is not a scarce resource they informed me they have numerous taps they can pull water from. Since the notice went out they were in violation of numerous codes the use has almost stopped. Since the planning hearing notice was posted it has stopped altogether. They are not just sitting around doing nothing; they are getting water from other sources. The company will not be put out of business they will just have to relocate this tap or continue to get water elsewhere. No economic impact will be felt by anyone. 3) Consistent with Weld County Zoning The proposed use is for Heavy Industry not a use allowed by right. Again the average trips are incorrect and they state it is in decline. However they previously stated they wanted to intensify the use. Oil and gas wells have historically coexisted, but not industrial water taps in a predominantly residential area. Don't be fooled this is an Industrial operation. I bought my property and built in 1992, this use did not exist on the proposed property until about 6 or 7 years ago. So I predate this use. • kenney t associates, LLC architects landscape architects urban designers planners 209 east fourth street loveland,colorado 80537 970.663.0548 • fax 970.669.2384 www.kenneyarch.corn Also since the existing usage of the property was illegal it does not predate any of the subdivisions in the area since it has not been approved yet. If approved this will be the only industrial or commercial activity located on SH 60 between US 287 and 125 with the exception of the trailer sales right at the frontage road of 125. This area has changed over the last 15 years and is now predominantly residential and will continue to develop in this way. The land to the North of this property is in Loveland's UGA and is planned for low density housing. Two other subdivisions have been approved on WCR 3 just to the South and homes are under construction in the subdivision to the East. Hacienda Heights subdivision is built out to the West so the proposed area is completely surrounded by residential uses. 4) Surrounding Land Uses The use of the surrounding land as mentioned above is residential not agricultural and oil production. You can see wells scattered around the area just as you can in all of Weld County. However you will not find a commercial or industrial use in site. Again don't be fouled they are not asking to construct a well on this site as they would lead you to believe. Their operations do not adhere to any Weld County Codes and are in complete conflict with the surrounding neighborhoods. • 5) a. Number of persons Again the traffic study performed by Weld County Public Works shows 30.3 trucks a day. b. This is true c. Historically Sat. and Sun. show the most activity. But they do run 7 days a week. I have provided photos of trucks in the AM with their lights on and in the PM with their lights on. They have started as early as 5:30 and as late as 10: PM. d. The existing structures on the site were built without a permit. e. Last year there was a pair of pheasants nesting in the corner, that was kind of cool. f. They are 18 wheeled 2,000 gallon tanker trucks. And show up 30.3 times on an average day. As stated they want to intensify the use. g. Berthoud provides fire protection however there is no fire hydrant within the required distance to the structures. h. If a restroom and landscaping is required then a tap for this purpose would be required. • kenney t associates, LLC architects landscape architects urban designers planners 209 east fourth street loveland,colorado 80537 970.6610548 • fax 970.669.2384 www.kermeyarch.com I As I stated I have no desire to look at or smell a portable toilet and they are not going to drive these tankers to the office to use the restroom. j. They already have storage on the site. One of the storage tanks looks like it fell of the back of a truck. It even has the tail lights and fenders still attached. 6) Landscape This site has never been treated to prevent vegetation in fad it is currently covered with 2' to 3'weeds. The berms referred to are the 12" high detainment berms around the storage tanks. 7) Reclamation Indefinitely is a very long time. What happens when the site is completely surrounded by residential uses? The soil under the new access would have to be removed and the remaining soil amended to grow any type of vegetation. 8) Drainage This does not address the low wet land area at the Northwest corner of the site. 9) Timeframe This is a false statement, the tanks and building have been painted but there is no fence in site. Will there be a silt fence around the property? Or will they be allowed to manufacture more • dust for us?What will become of the two existing access points? Or will they be allowed three? 10) Storage They say in this statement they plan to store materials and dirt on site, what kind of materials, is this going to continue to be a junk storage yard?Will we have massive dirt piles on site? This proposed use is in violation of every aspect of Weld County's Comp. Plan, Zoning Ordinance's and just about everything else Weld County has accomplished in the past years. The application is misleading and incomplete. No Traffic Impact Report was submitted. No Air Quality Report was provided to Weld County Health Department as required. No noise mitigation plan was submitted. They have not demonstrated compliance as required in section 24.5.1 or have they met the requirements of section 24.5.1.2, 24.5.1.5.1, 24.5.1.8 this states, and is by far the most important, The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For uses generating high volumes and large number of kenney t associates, LLC architects landscape architects urban designers planners 209 east fourth street loveland,colorado 80537 970.663.0548 • fax 970.669.2384 www.kenneyarch.com lame, slow accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. 24.6.1.1, 24.6.1.2, 24.6.1.3, 24.6.1.6 and 24.7.1.7 It requires A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. Since the applicant has not demonstrated this project can meet any of the County requirements and since no conditions could be placed upon the project to get even close to being in conformance I would respectfully request the Planning Staff and Commissioners recommended denial of this request. Since - Roger Kenney 23955 Weld County Road#3 • • kenney a associates, LLC architects landscape architects urban designers planners • t7t:lbiZ0IU,, 12: 20 970-250 07 CDOT LITL SAFETY PAGE 02x'15 • COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. 407063 sws/MP STATE HIGHWAY , ICCESS CODE 60 A / 2.128 / R NOTICE TO PROCEED Local Jurisdiction L Latimer Couny Permittee(s): Applicant: James Warner Ryan Warner 2707 South Country Road 11 2707 South County Road 11 Loveland, CO 80537 Loveland, CO 80537 The permittee is hereby authorized tr proceed with access construction within state highway right-of-way in accordance with the above referenced State t lighway 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 const uction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is requires 3t all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices fol Streets and Highways. All construction shall be completed in : r expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shat notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice 7 t Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The'follm ing items shall be addressed prior to or during construction as appropriate. .O1tC 7011 C> teE • �^r Municipality or County Approval (When the appropriate local authority retains issuing authority) By I Tith Date (X This Notice is not valid until signed by a duly authorized ref resentative of the Department Colorado Department of Transportation By Title Date (X) [ tcU Acccs.3 (0/s/c7 opy !drib ion: Required: Make copies as necessary kr: Form 1265 6/96 6/99 1.Region Ioriginal) Local Authority inspector Linda McWilliams 2.Applicant MICE Patrol Traffic Engineer EXHIBIT 3.Staff Access Section 5-Loveland I G d. • 07/16/2007 12: 20 970-350-2207 CDOT UTL S< ETY PAGE 03;'15 COLORADO DEPARTMENT OF TRANSPORTATION COOT Permit No. 407063 STATE HIGHWAY ACCESS PERMIT State Highway No/Mp/Slde 60 A / 2.128 / R Permit fee Date of transmittal Region/Section/Pat r Local Jurisdiction $100.00 5/24/2007 4/ 01 /5-Lovely d Larimer County The Permittee(s); Applicant: Ref No.: James Warner Ryan Warner 2707 South Country Road 11 2707 South County R ad 11 Loveland, CO 80537 Loveland, CO 8053" 970-669-6308 970-669-6308 Is hereby granted permission to have an access to the state highway at the location noted belo• The access shall be constructed,maintained and used in accordance with this permit, including the State Highway Access Code and any attachments,tr 'ns,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: smit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action far personal Injury r property damage sustained by reason of the exercise of the permit. Location: This access is located on State Highway 60,a distance of 452 feet east of mile post on the south/right side. Access to Provide Service to: (Land Uac Code:1 (Size or Count) (Units) 988-Oil/Gas Field 11 ADT Other terms and conditions: i MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing auth,rrity. By Date Title (X) 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 wit'the terms and conditions of the permit prior to being used. The permittee shall notify Linda-McWilliams_ with the 1olorado Department of Transportation,telephone nbr. (970) 350-2147 at least 48 hours prior to commencing c)nstruction within the State Highway right-of-way. The person si ring as the committee must be the owr`er or legal representative of the rroperty served by the permitted access and have full authority to accept the pe it and its terms and conditions. Permittee/SI ature i Date / / (X) ! /D7 Permitt ted Name: This ermit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Sy Date(of issue) Title A co sien SS Copy Is button: Required; Make copies as necessary for Previous editions are obsolete and m no be use 1.Region Local Authority Inspector Linda McWilliams COOT Fo -lot 5/5 2.Appicant tree Patrol Traffic Engineer 3.Staff Access Section 5-Loveland "`' s o' L°"' sz: zu y/b-3bU7-22b/ CD0T UTL SAFETY PAGE 04/1 • State Highway Access Permit PERMIT EXPIRATION Form 101, Page 2 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date The following paragraphs are excerpts of the State Highway or before the expiration of any authorized extension. When cess Code. These are provided for your convenience but the permittee is unable to commence construction within one o not alleviate compliance with all sections of the Access year after the permit issue date, the permittee may request a Code. A copy of the State Highway Access Code is one year extension from the issuing authority. No more than available from your local Issuing authority(local government) two one-year extensions may be granted under any or the Colorado Department of Transportation (Department), circumstances. If the access is not under construction within When this permit was issued, the issuing authority made its three years from date of issue the permit will be considered decision based in part on information submitted by the expired. Any request for an extension must be in writing and applicant, on the access category which is assigned to the submitted to the issuing authority before the permit expires. highway, what alternative access to other public roads and The request should state the reasons why the extension is streets is available, and safety and design standards. necessary, when construction is anticipated, and include a Changes in use or design not approved by the permit or the copy of page 1 (face of permit) of the access permit. Issuing authority may cause the revocation or suspension of Extension approvals shall be in writing. The local issuing the permit. authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the APPEALS Department of all denied extensions within ten days. Any 1. Should the permittee or applicant object to the denial of person wishing to reestablish an access permit that has a permit application by the Department or object to any of expired may begin again with the application procedures.An the terms or conditions of a permit placed there by the approved Notice to Proceed, automatically renews the Department, the applicant and permittee (appellant) have a access permit for the period of the Notice to Proceed. right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a CONSTRUCTION request for administrative hearing to the Transportation 1. Construction may not begin until a Notice to Proceed is Commission of Colorado within 60 days of transmittal of approved. (Code subsection 2.4] notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of 2. The construction of the access and its appurtenances Colorado, 4201 East Arkansas Avenue, Denver, Colorado as required by the terms and conditions of the permit shall 80222-3400. The request shall include reasons for the be completed at the expense of the permittee except as appeal and may include changes, revisions, or conditions provided in subsection 2.14. All materials used in the oat would be acceptable to the permittee or applicant. construction of the access within the highway right-of-way or on permanent easements, become public property. Any 2. Any appeal by the applicant or permittee of action by a materials removed from the highway right-of-way will be local issuing authority shall be filed with the local authority disposed of only as directed by the Department. All fencing, and be consistent with the appeal procedures of the local guard rail, traffic control devices and other equipment and authority. materials removed In the course of access construction shall be given to the Department unless otherwise instructed by 3. In submitting the request for administrative hearing, the the permit or the Department inspector, appellant has the option of including within the appeal a request for a review by the Department's internal 3. The permittee shall notify the individual or the office administrative review committee pursuant to [Code] specified on the permit or Notice to Proceed at least two subsection 2.10. When such committee review is requested, working days prior to any construction within state highway processing of the appeal for formal administrative hearing, right-of-way. Construction of the access shall not proceed 2.9(5) and (6), shall be suspended until the appellant notifies until both the access permit and the Notice to Proceed are the Commission to proceed with the administrative hearing, issued. The access shall be completed In an expeditious and or the appellant submits a request to the Commission or the safe manner and shall be finished within 45 days from administrative law judge to withdraw the appeal. The two initiation of construction within the highway right-of-way. A administrative processes, the internal administrative review construction time extension not to exceed 30 working days committee, and the administrative hearing, may not run may be requested from the individual or office specified on concurrently. the permit. 4. Regardless of any communications, meetings, 4. The issuing authority and the Department may Inspect administrative reviews or negotiations with the Department the access during construction and upon completion of the or the internal administrative review Committee regarding access to ensure that all terms and conditions of the permit revisions or objections to the permit or a denial, if the are met. Inspectors are authorized to enforce the conditions permittee or applicant wishes to appeal the Department's of the permit during construction and to halt any activities decision to the Commission for a hearing, the appeal must within state right-of-way that do not comply with the be brought to the Commission within 60 days of transmittal provisions of the permit, that conflict with concurrent notice of denial or transmittal of the permit. highway construction or maintenance work, that endanger cx:ib/zh0/ 12: 20 970-350-2207 CD0T LJTL SAFETY PAGE 05x''15 highway property, natural or cultural resources protected by right-of-way or any adopted municipal system and drainage law, or the health and safety of workers or the public. plan. 5. Prior to using the access, the permittee is required to 11. By accepting the permit, permittee agrees to say complete the construction according to the terms and indemnify, and hold harmless to the extent allowed by I conditions of the permit. Failure by the permittee to abide by the issuing authority, the Department, its officers, a all permit terms and conditions shall be sufficient cause for employees from suits, actions, claims of any type or the Department or issuing authority to initiate action to character brought because of injuries or damage sustained suspend or revoke the permit and close the access. If in the by any person resulting from the permittee's use of the determination of the Department or issuing authority the access permit during the construction of the access. failure to comply with or complete the construction requirements of the permit create a highway safety hazard, CHANGES IN ACCESS USE AND PERMIT VIOLATIONS such shall be sufficient cause for the summary suspension 1. It is the responsibility of the property owner and of the permit. If the permittee wishes to use the access prior permittee to ensure that the use of the access to the to completion, arrangements must be approved by the property is not in violation of the Code, permit terms and issuing authority and Department and included in the permit. conditions or the Act. The terms and conditions of any permit The Department or issuing authority may order a halt to any are binding upon all assigns, successors-in-interest, heirs unauthorized use of the access pursuant to statutory and and occupants. If any significant changes are made or will regulatory powers. Reconstruction or improvement of the be made In the use of the property which will affect access access may be required when the permittee has failed to operation,traffic volume and or vehicle type,the permittee or meet required specifications of design or materials. If any property owner shall contact the local issuing authority or the construction element fails within two years due to improper Department to determine if a new access permit and construction or material specifications,the permittee shall be modifications to the access are required. responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 2. When an access Is constructed or used in violation of the Code, section 43-2-147(5)(0), C.R.S., of the Act applies. 6. The permittee shall provide construction traffic control The Department or issuing authority may summarily devices at all times during access construction, in suspend an access permit and immediately order closure of conformance with the M.U.T.C.D. as required by section 42- the access when Its continued use presents an immediate 4-104, C.R.S., as amended. threat to public health, welfare or safety, Summary suspension shall comply with article 4 of title 24, C.R.S. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, MAINTENANCE relocate, or repair a traffic control device or public or private 1. The permittee, his or her heirs. successors-in-inter. utilities for the construction of a permitted access, the assigns, and occupants of the property serviced by the relocation, removal or repair shall be accomplished by the access shall be responsible for meeting the terms and permittee without cost to the Department or issuing conditions of the permit, the repair and maintenance of the authority, and at the direction of the Department or utility access beyond the edge of the roadway including any cattle company. Any damage to the state highway or other public guard and gate, and the removal or clearance of snow or ice right-of-way beyond that which is allowed in the permit shall upon the access even though deposited on the access in the be repaired immediately.The permittee is responsible for the course of Department snow removal operations. Within repair of any utility damaged in the course of access unincorporated areas the Department will keep access construction, reconstruction or repair. culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for 8. In the event it becomes necessary to remove any right- the repair and replacement of any access-related culverts of-way fence, the posts on either side of the access shall be within the right-of-way. Within incorporated areas, drainage securely braced with an approved end post before the fence responsibilities for municipalities are determined by statute is cut to prevent any slacking of the remaining fence. All and local ordinance. The Department will maintain the posts and wire removed are Department property and shall roadway including auxiliary lanes and shoulders, except in be turned over to a representative of the Department. those cases where the access installation has failed due to improper access construction and/or failure to follow permit 9. The permittee shall ensure that a copy of the permit is requirements and specifications in which case the permittee available for review at the construction site at all times. The shall be responsible for such repair. Any significant repairs permit may require the contractor to notify the individual or such as culvert replacement, resurfacing, or changes in office specified on the permit at any specified phases in design or specifications, requires authorization from the construction to allow the field inspector to Inspect various Department. aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. • 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the Form 101, Page 3 • th/Ib/2667 12: 20 970-350-2267 CDOT UTL SAFETY FAGS 06!1' I COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary • PURPOSE -This summary is intended to inform entities external to COOT 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 COOT 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.cdehe,atate.co,ue/taermlts,asp. • CDOT Water Quality Program Manager;Rick Willard(303)757-9343 • CDOT/CDPHE Liaison; Pat Martinek(303)757-9787 • COOT 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 htto://Walay.nwo.usace.armv.mil/html/od-tl/tri-Jakes.html Sacramento Dist.(Western CO),Grand Junction Office(970)243-1199 http;//www,sok.usage.armv.mil/cespkcglrequlatorti/ Albuquerque District(SE Colorado), Pueblo Reg.Office(719)-543-6915http://wwweDa.usace,army,.mll/ree/ • CDOT Utilities, Special Use and Access Permitting: (303)757-9654 http://WWW.dot.state.Co.4s/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 COOT 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,usiertylronmentalANildlife/QuIdelines.asp,or the Colorado Division of Wildlife website http//wildlife.state.co.usNVildlifespecles/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 COOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be halted and the 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 COOT Water Quality Program Manager at(303)757-9343, or the Colorado Department of Public Health and Environment,Water Quality Control Division (WQCD)at(303J 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 stormwatersystems 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 entitles 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 dumester). 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 COOT Regional Permitting Office for direction as to how to proceed. Contact Info;Contact the CDOT/CDPHE Liaison at(303)757-9787, Asbestos Containing Materials,Asbestos Contaminated Soli—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 is available from Julia Horn. COOT Asbestos Prgject Manager(303)_512-5519. Environmental Clearances Information Summary Papa 1 of 2 Colorado Department of Treneponation Jan.05 07/16/2007 12: 20 970-350-2207 CDOT UTL SAFETY PAGE 07!15 State Highway Access Permit 1 • Attachment to Permit No. 407063 -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 (COOT Form No. 137) Permit (COOT Form No. 101) and its two page attachment Exhibits: "A"- Access Plan "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 applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. At a minimum, all workers in the State Highway right-of-way, except when in their vehicles, shall wear the following personal protective equipment: * Head protection that complies with the ANSI Z89-1-1997 standard; * At all construction sites or whenever there is a danger of injury to feet, protective footwear that complies with the ANSI Z41-1999 standard will be worn; * High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107-1999, Class 2).. Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shall apply. • 0c15/2007 12: 20 970-350-2207 CDOT UTL SAFETY PAGE 08/ 1E • State Highway Access Permit 2 Attachment to Permit No. 407063 - Additional Terms and Conditions 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 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 . The Permittee is responsible for obtaining any necessary additional federal, state, and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 12 . All costs associated with the reconstruction of this access are the responsibility of the • Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 13 , No work will be allowed at night, or on Saturdays, Sundays, and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 14 . Traffic detours or lane closures will not be allowed, unless pre-approved by the Department. 15 . No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway right-of-way overnight. 16 . No work shall be performed near a Department electronic traffic control device without coordination with Cobie Garbiso at (970)350-2137. 17 . 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. • U/:16(2007 12: 20 972-356-2267 CD0T UTL SAFETY PAGE 09/15 State Highway Access Permit 3 • Attachment to Permit No. 407063 - Additional Terms and Conditions 18 . 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. 19 . All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. (If discrepancies arise, this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Department's design and code requirements, The Department is not responsible for the accuracy and adequacy of the design, dimensions, elevations, and any other elements which shall be confirmed and correlated at the work site. The Department through the approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans. 20 . Survey markers or monuments must be preserved in their original positions. Notify the Department at (970) 350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced immediately at the expense of the Permittee. 21 . Should any excavation encounter plant or animal fossils, the remains of historic or • prehistoric structures, artifacts, (pottery, stone tools, arrowheads, etc.), the work shall be stopped and the Permittee shall notify the Department inspector. 22 . The Permittee or the contractor shall notify Linda McWilliams at (970) 350-2147 or (970) 301- 1127 at least two working days prior to beginning any access improvements or construction of any kind within the State Highway right-of-way. Failure to comply with this requirement may result in revocation of this permit. 23 . 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. 24 . The access shall be reconstructed at 35 feet wide with 25 foot radii. 25 . Construction traffic devices, when not in use, shall be removed or turned away from traffic. 26 . The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 27 . All required access improvements shall be installed prior to the herein authorized use of this access. 28 . The access shall be resurfaced immediately upon completion of earthwork construction and prior to use. 29 . Resurfacing of the access shall be maintained as per Exhibit "A". • • U1/16/2007 12:20 S70-350-2207 CDOT UTL SAFETY PAGE 10/1E • State Highway Access Permit 4 Attachment to Permit No. 407063 -Additional Terms and Conditions 30 . No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a straight edge for patching. 31 . If frost, water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost, water or moisture is gone or removed. 32 . The access shall be reconstructed and 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. 33 . The Permittee shall request final inspection by Linda McWilliams at (970) 350-2147, within 10 days following completion of access construction, and prior to authorized use. The Permittee or their representative shall be present. 34 . All existing drainage structures shall be extended, modified, or upgraded as necessary, to accommodate all new construction and safety standards, in accordance to the Department's standard specifications. 35 . A fully executed complete copy of this permit must be on the job site with the contractor at all times during construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 36 . The design and reconstruction of access and/or 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 Pemtittee. 37 . Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization is obtained from the Department. 38 . The State requires a Certificate of Insurance prior to commencing any work on the State Highway right-of-way. Policies shall name the State of Colorado as additional insured party. All vendors, contractors, and utility companies shall procure, at their own expense, and maintain for the duration of the work period, the following minimum insurance coverages: A. Standard workman's compensation and employer's liability, including occupational disease, covering all employees engaged in performance of the work at the site, in the amount required by State Statutes. B. Comprehensive general liability in the amount of$1,000,000 combined single limit bodily injury and property damage, each occurrence and $2,000,000 annual aggregate. C. Automobile liability in the amount of$1,000,000 combined single limit bodily injury and. property damage, for each accident. Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this permit and be available on the site during construction. 39 . The Permittee shall install a new 18 inch corrugated metal pipe and shall provide for proper side slopes. Culverts over 18 inches in diameter shall have end sections. • D7/16/2007 12: 20 970-350-2207 CDOT UTL SAFETY PAGE 11115 State Highway Access Permit 5 Attachment to Permit No. 407063 -Additional Terms and Conditions • 40 . 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. • Little Thompson Water District Sample Water Meter Data 11/22/2004 - 5/24/2007 • Monthly Usage Cum Meter Reading 98264000 Dec-04 2230000 100494 Jan-05 2969000 103463 Feb-05 2766000 106229 Mar-05 2232000 108461 Apr-05 11/22/O4- May-05 70840000 01/29/2007 Jun-05 4441000 120839 7763000 1/29/O7- Jul-05 2764000 123603 05/24/2007 Aug-05 3518000 127121 78603000 Total Usage Sep-05 2961000 130082 Oct-05 Nov-05 2596000 135550 Dec-05 3070000 138620 May 24,2007 end Jan-06 2880000 141500 Nov 22,2004 begin Feb-06 3068000 144568 Mar-06 2789000 147357 Apr-06 3336000 150693 May-06 2357000 153050 130 weeks 3 days Jun-06 2773000 155823 913 days Jul-06 2192000 158015 Aug-06 2962000 160977 86093.09967 gal per day • Sep-06 1782000 162759 divided by 8000 gal truck Oct-06 2068000 164827 equals 10.76 trucks day Nov-06 1907000 165765 Dec-06 1451000 167216 Jan-07 169104 Feb-07 1710000 1710000 zeroed meter Mar-07 2961000 4671000 Apr-07 2410000 7081000 May-07 682000 7763000 Trucks/Day Gal/Day Days in sample Gallons total Kenney'5 Claim 30.30 242400.00 913 221311200 Magpie's Records appro, 10.00 80000.00 913 73040000 Little Thompson's Recon 10.76 86093.10 913 78603000 The difference in Magpie's records and Little Thompsons is explained by miscellaneous small uses and the difference in calculation methods. Measuring by tanks (20000 gallon oilfield tanks) as a unit versus gallons as a unit ( Little Thompson Meter). The Magpie number will vary from month to month. See attached "Trend Sheet." • EXHIBIT ln .e • year tanks trucks/day Avg Daily Vol 2001 667 4.56849315 4.57 2002 1150 7.87671233 7.88 2003 742 5.08219178 5.08 2004 1254 8.5890411 8.59 2005 1938 13.2739726 13.27 2006 1439 9.85616438 9.89 2004-2006 4631 10.5730594 10.57 2001-2006 7190 8.20776256 8.2 Water Tanks Used 2500 .._.r..__ _ �_._ . 2000 . 1500 r r: Seriesl ro 0.3 1000 .. �. .. 500 1 2 3 4 5 6 year Truck Traffic 14 12 ?. 10 I6 8Q .. .. .:. .... s : :: ... .......... : :.: :::. .: . ...: Senes 1 q 2 0 1 2 3 4 5 6 year MEMORANDUM • ape TO: Planning Commissioners 7/16/2007 COLORADO FROM: Chris Gathman - Planner II C' SUBJECT: Revisions to USR-1617 staff recommendation 1) Condition A.4 shall be amended to read: "The off-street parking, loading spaces, and the access drive shall be surfaced with recycled asphalt, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems." 2) Remove Condition 1.F: CDOT has approved the proposed access point off of State Highway 60. • • EXHIBIT SERVICE,TEAMWORK.INTEGRITY,QUALITY AA • Weld County Planning Department SOUTHWEST BUILDING Date: July 17th 2007 • JUL 1 7 2007 To: Weld County Commissioners Weld County Planners RECEIVED A fundamental principal of land use planning is compatibility. Compatibility is determined by many factors, such as size, height, intensity of uses, impact on natural resources, and similarity to surrounding uses. Just as it would be inappropriate to put a massage parlor or liquor store next to an elementary school, it is similarly wrong to put an industrial use, such as this water extraction business, next to rural homes. One obvious incompatibility is traffic. For instance, according to the institute of Traffic Engineers (ITE) —Trip Generation Manual, a typical residence generates ten trips per day (five cars, including the residents of the home, and services such as mail delivery and the like). However, this business creates substantially more traffic, and consequently is a serious threat to safety (see pictures of traffic) and quality of life. The truck s are on site from 8 am to 5 pm often idling as they sit for hours on the side of the County Road. This creates air and noise pollution on a regular basis which is both a health concern and nuisance that diminishes the enjoyment of the surrounding rural residential properties. In addition, cars using the county road are forced to pass these parked trucks by using the wrong side of the road to access the highway. This is unsafe, illegal, and problematic for everyone using the county road. Furthermore, when the trucks enter the highway, they are unable to get up to speed. Both of these factors result in an inherent risk of collision, which further diminishes the safety for the residents • of the surrounding rural residential homes and users of the adjacent roadways. The size, weight, and number of trucks also have an adverse impact on road quality. The road is wash-boarded; damaging cars as they use the road and requiring the county to pay for what would otherwise be unnecessary road maintenance. People's homes are their greatest investment. The value of the homes in this area is estimated at around $600,000 to $800,000. The reason I and many of my neighbors moved to this part of the County was for the rural environment, the country estate that allows for a high quality of life, open fields, with rural experiences and the core values of country living. This industrial use is not compatible with the expectation or reality of rural living or the right to farm. It is intuitively evident that this industrial use will diminish the value of the rural residential homes that surround it. Due to the intensity of the activity on this water extraction business it is unlikely that anyone desiring a country experience will select the neighboring properties for their home. Therefore, there is the real potential for this industrial use to diminish the re-sale value and return on my investment. Consequently, the taxes generated by these residential properties will also be diminished if the proposed industrial use continues. Where does the County get its funds for road maintenance and other services? From tax dollars. Therefore, if this industrial use is approved an allowed to continue our tax dollars will be subsidizing a business that adversely effects our property. When considering this industrial and conditional use, no level of visual mitigation will offset these adverse impacts. The nature of the business generates truck traffic that is • not compatible with the neighboring properties and uses. Any trees planted will take a generation to grow to sufficient size to screen the property and use. In addition, EXHIBIT fn . �. seasonal changes will result in the business being visible for half of the year, even if • there were mature trees to help screen it. If they planted evergreens, then it would take even more time for the trees to mature, and they would not be compatible with the surrounding plains environments. Furthermore, the trucks would continue to be there, idling for hours generating noise and air pollution, and adversely impacting the adjacent roadways and safety. In addition to the monetary loss in value this business has created for the neighboring rural residential properties; there is the intrinsic value of living in a rural environment that will be lost with continued operation of this industrial business in our rural residential area. These losses will be real and there will continue to be serious health and safety concerns. Commissioners, do not approve this Industrial use in our rural residential and agricultural neighborhood. Tha you, President of Hacienda Home Owners Association/Home owner Todd Norris 3599 Bianca Ct 970-622-9514 • • Little Thompson Water Meter Usage/Truck Trips: • December 2004: Approx. 9 trips a day January 2005: Approx. 12 trips a day February 2005: Approx. 12.4 trips a day March 2005: Approx. 9 trips a day April 2005: No data May 2005: No data June 2005: Approx. 18.5 trips a day July 2005: Approx. 11.1 trips a day August 2005: Approx. 14.2 trips a day September 2005:Approx. 12.3 trips a day October 2005: No data November 2005: Approx. 10.8 trips a day December 2005: Approx. 12.4 trips a day January 2006: Approx. 11.6 trips a day February 2006: Approx. 13.7 trips a day March 2006: Approx. 11.2 trips a day April 2006: Approx. 13.9 trips a day May 2006: Approx. 9.5 trips a day June 2006: Approx. 11.6 trips a day July 2006: Approx. 8.8 trips a day • August 2006: Approx. 11.9 trips a day September 2006: Approx. 7.4 trips a day October 2006: Approx. 8.3 trips a day November 2006: Approx. 7.9 trips a day December 2006: Approx. 5.9 trips a day January 2007: No data February 2007: Approx. 7.6 trips a day March 2007: Approx. 11.9 trips a day April 2007: Approx. 10 trips a day AVERAGE (excluding May 07): 10.9 trips per day. May 2007: Approx. 2.75 trips a day EXHIBIT • PERMIT #407063 LINDA MCWILLIAMS (970) 350-2147 YOUR ACCESS INSPECTOR IS LINDA MCWILLIAMS. YOU MUST CONTACT THE INSPECTOR AT LEAST 2 WORKING DAYS PRIOR TO ANY ACCESS IMPROVEMENTS OR CONSTRUCTION OF ANY KIND WITHIN THE STATE HIGHWAY RIGHT-OF-WAY. • ALL ACCESS ACTIVITY WITHIN THE RIGHT-OF-WAY MUST BE COMPLETED IN 45 DAYS ONCE WORK BEGINS. UPON COMPLETION OF ALL PERMIT REQUIREMENTS, YOU MUST REQUEST A FINAL INSPECTION BY THE ACCESS INSPECTOR OR THEIR REPRESENTATIVE. • EXHIBIT ‘:,, • COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. 407063 STATE HIGHWAY ACCESS CODE SH 5/MP • 60A / 2.128 / R NOTICE TO PROCEED Local)urisdic[ion Larimer County Permittee(s): Applicant: James Warner Ryan Warner 2707 South Country Road 11 2707 South County Road 11 Loveland, CO 80537 Loveland, CO 80537 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. Of& lab to TsIf' Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By 1 I� Title Date (X) /! 'i-1,2,- it_ 1\c ces. (ils7O 7 likopy istrib ion: Required: Make copies as necessary for: Form 1265 8/98,6/99 1.Region(original) Local Authority Inspector Linda McWilliams 2.Applicant MICE Patrol Traffic Engineer 3.Staff Access Section 5-Loveland • July 17, 2007 Lorraine Elmquist and Elmquist Bros. 8724 I-25 Frontage Rd. East Longmont, CO 80504 RE: Case Number USR— 1617 Dear Sir or Madam, I am writing to offer our assurance that upon approval of USR-1617, our construction of the proposed access road will address your concerns. We will design the road in such a way that will allow continued access to your ditch. We will attempt to accommodate and preserve its existing use to the absolute best of our ability. We appreciate your respectful and constructive comments of our proposed plan. • Best regards, Ryan J. W rner • Little Thompson Water District Sample Water Meter Data 11/22/2004 - 5/24/2007 • Monthly Usage Cum Meter Reading 98264000 Dec-04 2230000 100494 Jan-05 2969000 103463 Feb-05 2766000 106229 Mar-05 2232000 108461 Apr-05 11/22/04- May-05 70840000 01/29/2007 Jun-05 4441000 120839 7763000 1/29/07- Jul-05 2764000 123603 05/24/2007 Aug-05 3518000 127121 78603000 Total Usage Sep-05 2961000 130082 Oct-OS Nov-05 2596000 135550 Dec-05 3070000 138620 May 24,2007 end Jan-06 2880000 141500 Nov 22,2004 begin Feb-06 3068000 144568 Mar-06 2789000 147357 Apr-06 3336000 150693 May-06 2357000 153050 130 weeks 3 days Jun-06 2773000 155823 913 days Jul-06 2192000 158015 Aug-06 2962000 160977 86093.09967 gal per day • Sep-06 1782000 162759 divided by 8000 gal truck Oct-06 2068000 164827 equals 10.76 trucks day Nov-06 1907000 165765 Dec-06 1451000 167216 Jan-07 169104 Feb-07 1710000 1710000 zeroed meter Mar-07 2961000 4671000 Apr-07 2410000 7081000 May-07 682000 7763000 Trucks/Day Gal/Day Days in sample Gallons total Kenney'!Claim 30.30 242400.00 913 221311200 Magpie's Records approu 10.00 80000.00 913 73040000 Little Thompson's Recori 10.76 86093.10 913 78603000 The difference in Magpie's records and Little Thompsons is explained by miscellaneous small uses and the difference in calculation methods. Measuring by tanks (20000 gallon oilfield tanks) as a unit versus gallons as a unit ( Little Thompson Meter). The Magpie number will vary from month to month. See attached "Trend Sheet." • • year tanks trucks/day Avg Vol 2001 667 4.56849315 4.57Daily 2002 1150 7.87671233 7.88 2003 742 5.08219178 5.08 2004 1254 8.5890411 8.59 200 5 1938 13.27397`— 13.27 2006 1439 9.85616438 9.89 2004-2006 4631 10.5730594 10.57 2001 2006 7190 8.20776256 8.2 Water Tanks Used 2500 2000 1500 "' „aSeriesl to . 1000 - °' • 500 a 0 1 2 3 4 5 6 year Truck Traffic 14 12 10 ^-=seriesl Y 6 2 0 1 2 3 4 5 6 year EPA AP-42 • 13.2.2.2 Emissions Calculation And Correction Parameters 1-6 The quantity of dust emissions from a given segment of unpaved road varies linearly with the volume of traffic. Field investigations also have shown that emissions depend on source parameters that characterize the condition of a particular road and the associated vehicle traffic. Characterization of these source parameters allow for"correction" of emission estimates to specific road and traffic conditions present on public and industrial roadways. Dust emissions from unpaved roads have been found to vary directly with the fraction of silt(particles smaller than 75 micrometers [:m] in diameter) in the road surface materials. 1 The silt fraction is determined by measuring the proportion of loose dry surface dust that passes a 200-mesh screen, using the ASTM-C-136 method. A summary of this method is contained in Appendix C of AP-42. Table 13.2.2-1 summarizes measured silt values for industrial unpaved roads. 'fable 13.2.2-2 summarizes measured silt values for public unpaved roads.It should be noted that the ranges of silt content vary over two orders of magnitude. Therefore, the use of data from this table can potentially introduce considerable error. Use of this data is strongly discouraged when it is feasible to obtain locally gathered data. Since the silt content of a rural dirt road will vary with geographic location, it should be measured for use in projecting emissions. As a conservative approximation,the silt content of the parent soil in the area can be used. Tests, however, show that road silt • content is normally lower than in the surrounding parent soil, because the fines are continually removed by the vehicle traffic, leaving a higher percentage of coarse particles. • TOGA Services LLC 5730 East Eleventh Avenue, Denver,Colorado 80220 (720)260-6070 • March 23, 2007 Mr. Ryan Warner Magpie Operating, Inc. 2707 South County Road 11 Loveland, Colorado 80537 Re: Dust Issue at Weld County Water Fill Station Dear Mr. Warner: As requested, I have reviewed the ambient air quality impact analysis provided by Dr. Bruce MacDonald in regard to the issue of dust generated during tank truck filling operations at a specific location on Weld County Road 3. The following information may be helpful. 1. The assumptions that are used in the analysis are conservative, which means that they tend to predict a higher level of dust emission than is likely to be the case in reality. • 2. The dispersion modeling tool (SCREEN3) is also very conservative and tends to overstate the impact on ambient air quality. 3. If site-specific data and a more refined dispersion modeling tool are used instead of the above,the predicted air quality impact will likely be significantly less. 4. Implementation of a common dust control method, such as routine road surface wetting, will significantly reduce actual dust emissions. 5. Regulatory oversight of this issue is provided by the Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division (APCD). In regard to this subject matter, Regulation No. 1 Section III.D addresses fugitive particle emissions and, in particular, establishes in Subsection III.D.2.a.(i).(B) regarding unpaved roads that the threshold for regulatory action is"vehicle traffic exceeding 200 vehicles per day" As stated in Dr. MacDonald's analysis, vehicle traffic at the water station was estimated at 30 trucks per day,which is well below this threshold. Sincerely, • Thomas D. Atwood, P.E. • (H! r _ ' --se-7 santin r'91 ILI ,y . • 40. 1 L q f J . • 1 �� t »cn -IW w . g•T ti U 5 n G b Ef a cos gricil z ir XYclg � Wr U O 9 r�m�O z + to z Q� gh320§gi --u, o z %.1ii VJ J9 �z OQ Q G»_ z o lilt M .t ; -%1IPIU!I o _ 8 6a N mZ t v Ud3_aoteE g r— wrxO 5 nam@ it2t1s $r a r -a 3 . c 2 * i » §rtilga cf I m Zct to 5U k` efs g o Cn m �r1 '�`Jw °�a l w D ! u�U I ^' GsaoWu � Ss ` is] w CY W d. U k 1< Ziit ›- \ -r� k k k k T yC Cl) J. )1 + CD al W J 7, ' - / N- *U cr) CD LL �> r •L 1 N M CC M H Q 4- o cn 4 N W . 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OF SH 60 Lt11-::E LN2=NB Par : 1 Begin 1th 1 ,,1. 1 _. 1 . 1 Sat. 1 �,pmt rued Tim,- 04ii- A.M. P.M. A.M. 1 1 11. I 11 04/ll• A M .f1. A M P.14 R.M. F.M 0 .IS 1 0 1 1 u '• 0 ' 1?:30 t 0 m i 1 1 1 1 i 19:41 1 0 . 0 3 1 0 a 01:50 _ 1 ' 1 - 4-,1:1t _ ., ii 1 3 1 J 0 t 1 I 11 1 I -. 1 • J n. n I 1 ,, .1 I _ - , 1 4: . . L. i o , ' 0 11 �1 4 1 . i _ Y ,t. 4 - 1 0 4 "'k::: 0 4 J ''0 11 t 0 1 i li ° -_ - 11 3 • 1 09:45 • 1 1 1 3 . 1 4 1 t 0 1 80 3 0I IND 11 ,� d • 0 1 i 13 u I 12 i I 0 I4 i� � i 1 5 0 1 i H 00, ._4 of 11 lh 148 1`41; lut tti• 153 lit OWq Mr 325. 'S0°. iu _:.,0t Co€ i -_::b :Lace., 04:1' 1 ':' 39:30 1`:0: '12:15 10:03 17:,.0. 1, _ .11 1 .O, . ,.. ab EXHIBIT �,K. Weather ILc'I:y Mountain 1' nts, Lii'. -gusted by: 1106 Choi I y Cl. Sato . .Nc ' 000000ot-66 Boatel / Ft. Luptin, 90621 Start Date: 04/15/1004 Other. Phone 13031 641-0445 Pacm (303, 857-9191 File 1.0. : WCFI3NGHdC, Ott eel name :WOE 3 N F Sli to NTII❑ UNI Page : I Beginall Int. -M t a] w/ Pl.Cup A::le 3 I 1 4 A':1 ti l A le 6/7 A>: 5 Axle 64 Arlo --7 A10- N. Time Total 1: trailr 'ban Lu 1 L ie )1131 -1591 bI5ht w/ Tt1 it e Multi Multi Multi 6145=,1' 00 04 I C' 0 0 0 0 0 0 0 0 0 0 0 0 0 01:00 U 0 0 0 I) L 0 0 0 0 p 01:00 1 0 II 0 0 0 0 0 0 0 60 7 0 (I )4:000 0 0 0 0 0 n 0 0 0 0 0 0 04:00 0 0 U 0 -' 0 0 O u. 0 05:00 u 0 0 I 0 I. 0 0 0 1 I 0 0 0 0 0 C.:0 I _ 0 P 0 Ln v 0 u _1 i. 1 O u , 0 n a �, 0 0 Fi 1 0 N . 0 0 0 0 l l 1V ,J i. a V 0 l u V Q L lI t I, 0 0 'i - - .1 II 0 ii iI 0 0 li Il I t 0 0 0 0 4. .! 0 0 I. 0 0 0 0tt _ 0 0 0 u 0 0 0 1 ', 1 0 0 0 0 0 0 3 0 0 . n 1 0 0 0 •..� 11. 0 0 0 0 0 0 0 1 1 0 0 0 I_ 0 0 n 0 0 0 0 L 0 0 4 0 .. I I 0 1 0 0 0 1 0 o a u 0 0 0 0 Ill • 0j. 0 0 01 0 u0 0 0 0 0 00 l: B "- F .I 0 u 7 1 .. 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S AYK 1 ( 'LUUI IUl 1L Ub rr1 nnKUt1 UL ik rf7HICtt1J Inn NU. are ;ao o'i i uc �+ �U• ++ n i pew wuNIY PUBLIC WORKS FAX NO. 070 304 6497 P. VI S Traffic Study Results CR 3- 48 to Hwy 60 Date of study: 3/13/2007 to 3/16/2007 Type of study: CJa=xifiesition of gravel road Length of study: 72 hrs Reason far study: Determine impact of A&W water truck use of CR 3. Requested by Drew Scheltinga A classification counter was placed on CR 3 at 280ft south of Hwy 60 between the entrance and exit for AMY water fill up station. Please see attached map for rlarement location. This study was conducted over the required 72 hour time period. The calculated AADT reported at a7 vehicles per day. The MDT was also through traffic on this road and reported at 1_,W vehicles per day. • (AADT= raw volume 4 # of days 3 x seasonal aQj- factor Raw volume: With A&W'tricks: 591 Without A& trucks:ABM, 00 85th percentile: 13 mph Posted speed: Not ivrategi 7Z I-Ws 1-S Poet*fax Note 7671 s' ; i�� S T To -vi�.r: eta ;tie Scar La t.up cans- 30 . E irg Mate are. FO., . 2-571 ef • 3//3 76 3//6 67 /� G S� / EXHIBIT FAX NO. 8(U 498 8431 N. us APR-17-2007 TUE 12:05 PM MARCH OLIVE PHARRi5 '., '• _w CLO n 'thin rill wtLU L'UUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 02 - I • ' y Y 'i_.; -, a y ' �� h• n { • • yam{{ 7 t glilli _I' f a "` ,- ew.1 • 1t a f U 1 # t • lits.44& ;:ler.1- - - RPK-1 (-'LUU/ IUE 1'L:Ut1 Vu rIHKI;h ULIVt k Y1HKKla rHA nu. uru vaa ov�i r. U4 ••-?• •la LVUI iiu1x iu.oc tm WCLu IZJUN7Y PUBLIC WORKS FAX NO, 970 304 6497 P. 03 ! • Request for Traffic Study Date: 3-8- 07 Location: H4/6O f' vets Requested by: PEEK) 5Netnev64 "Requested completion dote: a iae .c Priority level: high moderate overage Comments: t 7 4-.#. M crl,rdt. ...r t Typified study: -- ,d Classification flaw volume a Stop sign o Sight distance o Intersection turning movements Gravel a Paved_ Sketch•• .n. I . I a ' R 1r..1 Date completed: 3-'6 .07 _ Length of count: 7074-5 Raw volume:J t Truck +'BSm percentile: i3.►yp-1 AADT: 07/7 = (Raw oaf ea #Of days 3 a seasonal adj factor__/'j) 'Please note: Traffic studies are typicaj•conducted from March l i thru October 31+r • conditions permitting. Requests wilt he scheduled according to pit city. • APR-17-2007 TUE 12:06 PM MARCH OLIVE & PHARRIS FAX NO. 970 498 8431 P. Lib 'um 4 cuul nun lu:De an WaLU CUUMTY PUBLIC WORKS FAX MD, 970 304 6497 P. 04 r Traffic count Worksheet Location: 0.48- 67164.0 �, a Requested bv:- krand 3 GPS Id#: $-Ateinn6rrhuyb0 5tudV 11/De:_7?ae 6 yraheirg A—Classification A Gravel Posted speed : de o Raw volume —Paved . Sketch Li b0 e-se.3 fdra,iu 411 :) I er ‹.— —•--- otirope A 4 . . ail . • , •'Day) Ekay z DCP/3 Day 4 Day 5 . Dav b Day_7 r Time S • ADTA .5-9Y 1_ 167 ADTEt !Lb • AMA AQr e DaleiTime set: o=•o Counter#: all • • Date Wu: Length of count: 727i i 9% Raw volume: a 9 . At adl.factor:_AL Seasonal ad.factor; 11. 0 -1; 4, fry.91/ _ *or dws x sAF / x no, I.=AADT gig' MS!' -a/7 Truck 96: /�g Bas'percentile:_/3 ..-✓ n menu r. I Co FAX NO. UM 4Ud 4431 F. Ub APR-17-2007 TUE 12:06 PM MARCH OLIVE & PHARRIS ill It +u cuur nun :U:34 tin friW) COUNTY PUBLIC WORKS FAX N0. 970 304 6437 P. 05 ' jd • Traffic Count Worksheet Location:GC.0- Vat'!d 46474,0 Requested by: ASK)a CsP5 Id go. 3- VPhay GQ Study type: 4.. 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Z a W O CO t0 t7 p) r N — r m O y N z — z z 3 3 Z z o 3 3 m w - N N w 3 °b m O C) ¢ N N Q l7 M C) ¢ (7 (O co O p N C 06 �+ M W ad W W M M aU '6 '6 o0 MS 0 0 ar) 0 r C) N a> 0 N V n 0 O <0') com e) m to in N co 0 C) N 0 V 0 0 0 9 0 0 O 0 0 N m N M M 4 4) N O 2 ¢ Q Q Q Q Q Q Q I Q a I Q 2 2 S 2 x ¢ m to Co 0 0 0 J J ¢ NJ ¢ ¢ ¢NO• MY Y Y ~ DO Oo w ¢ 3 r 3 r 2 Z O J r S ¢ ¢ N r _ (�Z m F F F F ¢ ¢ o • J Nh,w -. F - f`Q m, m¢ 0 3 3 3 U 05 U 3 3 ` �a m3 Y 33 Uz m;¢ A3 "W W W J NJ J 33 Q J �� ww Q < E �� ow X .y a c%) v � J m3 N3 W 4 a ^Q Nw0 3 C . U ¢ m W C)W mh No 0J y ,, ,,3N D ;J m" r Nw CoJ N V mJ `�¢ y¢ N¢ Cl3N Q m J m i J m ca— s , p N Y m J c .. `m <m m 3 c Y Y Y Y m F 9 F Qt- m Y Y N 0 J O J O E J m a° m - >o F k o f 0..1 on m n .c J Cm p , p o O N c N m pm m 5 -1 24 ¢ Q JG QQ > a 2 'L 3or 34 0. >c- >N QQ UN YN NN 0> Q> J> Nm r E O L LL 0 Y C W I- 6 0 0 < J J J J J J 4 O Q 4 4 4 4 4 m ¢ 4 M C C C Q C 4 m m 4 u CO x I 2 I I I Q x I x I I U LL 0 w m m m C 0 m m 0 c 0 m c w U 0 U m W m 2 5 a a a 3 m a a 5 2 2 2 W 0 W p Y Y Y 0 0 0 z w 2 2 $ w Y Y Y Y a d a W E E E O 3 3 0 CoN m a) O) n e N N m n o o n 0 0 0 m m m N W (p W 0 0 0 WW W 0 W 0 2 x x x x x 2 x x x Q ¢ '0 3 3 3 3 3 3 3 3 F- r- F I- F- F- t- I- F- I- LL W m o Statement of Dr. Bruce Macdonald ENSR Corporation 1601 Prospect Parkway Fort Collins, CO 80525 I have been asked to provide an estimate of impacts to ambient air quality resulting from truck traffic at 23955 Weld County Road 3. Loveland Colorado, in Weld County Colorado. We were provided pictures of the site, including proximity to highways and configuration of the site roadway in order to make estimates of the emissions characteristics and the local impact area. Particulate matter emissions with an aerodynamic diameter less than 10 microns (PM10) from the truck traffic and background emissions on the county road were estimated using the USEPA standard guideline for estimating emissions, Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources (AP-42), Chapter 13.2.2 Unpaved Roads. For the industrial truck traffic on the unpaved loop used for water filling, Equation la for industrial traffic used as follows. EF= k (s/12y (W/3)e x (365-P/365) x (1 —CE) where: • EF = emission factor in pounds per vehicle mile traveled (Ib/VMT) k=constant for PMio (unitless); 1.5 (Table 13.2.2-2) a =constant for PM10 (unitless); 0.9 (Table 13.2.2-2) b =constant for PM i0 (unitless); 0.45 (Table 13.2.2-2) s = surface material silt content (%); 8.5 (Mean for construction sites, Table 13.2.2-1) W=mean vehicle weight (tons); 20 (Max vehicle weight per CDOT) P =days precipitation above 0.254" per year; assumed 0 for worst case day CE = control efficiency (%); no controls assumed The average daily emission rate was then calculated from the emission factor based on vehicle nniles-traveled-as-fe11ews— - - ER = (VMT x EF)/OT VMT = (L x N) where: ER=average hourly emission rate in pounds per hour (lb/hr) VMT =vehicle miles traveled per day OT=number of operating hours per day; 12 (estimated) L=length of haul loop (mi); 180 feet (measured from site drawing) N =number of trucks per day; 30 (estimated) The results of this calculation is attached as Attachment 1. • EXHIBIT • To estimate background emissions of PMio from the nearby County Road 3, Equation lb from AP-42, Chapter 13.2.2 was used as follows: EF = [k (s/12)a (S/30)`]/(M/0.5)° x (365-P/365) x (1 —CE) where: EF =emission factor in pounds per vehicle mile traveled (lb/VMT) k=constant for PM to (unitless); 0.18 (Table 13.2.2-2) a= constant for PMio (unitless); 1 (Table 13.2.2-2) c = constant for PM10 (unitless); 0.2 (Table 13.2.2-2) d=constant for PM10 (unitless); 0.5 (Table 13.2.2-2) s= surface material silt content (%); 4.8 (Mean for sand and gravel, Table 13.2.2-1) S =mean vehicle speed (mph); 30 (estimated) M = surface material moisture content (%); 6.7 (Mean for public roads; Table 13.2.2-3) P = days precipitation above 0.254" per year; assumed 0 for worst case day CE=control efficiency (%); no controls assumed The results of this calculation is attached as Attachment 2. The maximum predicted concentrations of PM10 was estimated as function of distance using the EPA guideline SCREEN3 model for estimating maximum short term impacts. The unpaved haul truck loop was characterized as an area source with dimensions of 55 meters by 6 meters while the county road was characterized as 60 meter by 6 meter section of road. The emission rate was • determined by dividing the average hourly emission rate by the total area. The SCREEN3 model generates maximum hourly impacts using the hypothetical worst case meteorological conditions. A copy of the SCREEN3 model output data for each run is attached as Attachment 3 and 4 respectively. The standard practice to calculate maximum impacts for a 24-hour period is to multiply the predicted 1-hour impacts by a factor of 0.4. We can determine the maximum predicted ambient concentration of PM10 by adding the impacts at a given distance. Assuming the road is 10 meters from the loop,the maximum predicted impacts are shown in Attachment 5. Graphs showing the maximum predicted impact as a function of distance are included in Attachment 6 for the industrial source, Attachment 7 for the roadway, and Attachment 8 for the combined sources. The Colorado and National Ambient Air Quality standard for 24-hour PM10 impacts is 150 micrograms per cubic meter. From Attachments 5 and 8, we can predict an exceedance of the ambient air PMio 24 hour standard at receptors within 120 meters of the center of the site haul road. • Attachment 1 • Equation from AP-42 Chapter 13.2.2, December 2003 Equation la- Unpaved Surfaces at Industrial Sites EIIb PMIONMT)= [k* (s/12)a*(W/3)1* [(365-P)/365]*[1-CE] Input Variables Description Variable Value Constant for PM10(IbNMT) k 1.5 Constant for PM10 (IbNMT) a 0.9 Constant for PM10 (IbNMT) b 0.45 Mean vehicle weight(tons) W 20 [From Table 13.3.3-1, Construction Sites-mean value Surface material silt content(%) s 8.5 for"haul road to/from pit"] Number of days with at least 0.254mm (0.01 in) of precipitation during the averaging period. P 0 Assume 0 for worst case day Control Efficiency(Wet Suppression) CE 0% Emission Factor(IbNMT) EF 2.58 Operating Parameters Number of trips per day 30 Length of road (ft) 180 Length of road (mi) 0.034 Vehicle Miles Traveled per day VMT 1.02 Operating Hours (hours/day) OT 12 ER(lb/hr) = (EF*VMT)/OT 0.22 • ER(g/s)= 0.028 ER (g/s-m2) = 8.4E-05 Modeling Parameters Length of road (m) 55 Width of road (m) 6 map spot Adjusted width of road (m) 12 Volume Height(m) 2 height of truck Release Height 1 Source Area (m2) 330 1/2 of truck height • Attachment 2 • Equation from AP-42 Chapter 13.2.2, December 2003 Equation 1b-Unpaved Surfaces on Public Access Roads Epb PM1QNMT)={[k*(s/12)2*(S/30)`]/[(M/0.50)d] -C}* [(365-P)/3651*(1-CE) Input Variables Description Variable Value Constant for PM10(IbNMT) k 0.18 Constant for PM10(IbNMT) a 1 Constant for PM10(IbNMT) c 0.2 Constant for PM10(IbNMT) d 0.5 [From Table 13.3.3-1, Construction Sites-mean value Surface material silt content(%) s 4.8 for"haul road to/from pit"]Adjusted for gravel Mean vehicle speed(mph) S 30 Surface material moisture content C/0) M 6.7 Brake,wear and exhaust C _ 0.00047 Number of days with at least 0.254mm (0.01in) of precipitation during the averaging period. P 0 Assume 0 for worst case day Control Efficiency(Wet Suppression) CE 0% Emission Factor(IbNMT) EF 0.02 Operating Parameters Number of trips per day 197 Length of road (ft) 198 Length of road(ml) 0.038 Vehicle Miles Traveled per day VMT 7.39 Operating Hours(hours/day) OT 24, ER (lb/hr)_ (EF*VMT)/OT 0.01 ER (g/s)= 0.001 ER(g/s-m2) = 2.1E-06 Modeling Parameters Length of road (m) 60 Width of road(m) 6 map spot Adjusted-width-of-road(m) . -. --12 Volume Height (m) 2 height of car Release Height - 1 1/2 of truck height Source Area(m2) 360 • • Attachment 3.txt ATTACHMENT 3 - SCREE# MODEL OUTPUT FILE --- INDUSTRIAL SITE 03/06/07 21:02:42 i`i`i' SCREEN3 MODEL RUN ""i` *** VERSION DATED 96043 *** ARLOOP SIMPLE TERRAIN INPUTS: SOURCE TYPE = AREA EMISSION RATE (G/(5-M""2)) = .840000E-04 SOURCE HEIGHT (M) = 3.0000 LENGTH OF LARGER SIDE (M) = 55.0000 LENGTH OF SMALLER SIDE (M) = 6.0000 RECEPTOR HEIGHT (M) = 2.0000 URBAN/RURAL OPTION = RURAL THE REGULATORY (DEFAULT) MIXING HEIGHT OPTION WAS SELECTED. THE REGULATORY (DEFAULT) ANEMOMETER HEIGHT OF 10.0 METERS WAS ENTERED. MODEL ESTIMATES DIRECTION TO MAX CONCENTRATION BUOY. FLUX = .000 M**4/S**3; MOM. FLUX = .000 M**4/S"*2. * * FULL METEOROLOGY *** *******_*___*****_ *• " SCREEN AUTOMATED DISTANCES x".._ . *** TERRAIN HEIGHT OF 0. M ABOVE STACK BASE USED FOR FOLLOWING DISTANCES *** DIST CONC UIOM USTK MIX HT PLUME MAX DIR (M) (UG/M**3) STAB (M/S) (M/S) (M) HT (M) (DEG) 1. 359.6 4 1.0 1.0 320.0 3.00 0. 100. 444.8 6 1.0 1.0 10000.0 3.00 0. 200. 198.1 6 1.0 1.0 10000.0 3.00 0. 300. 114.8 6 1.0 1.0 10000.0 3.00 0. 400. 75.28 6 1.0 1.0 10000.0 3.00 0. 500. 53.35 6 1.0 1.0 10000.0 3.00 0. 600. 39.98 6 1.0 1.0 10000.0 3.00 0. 700. 31.24 6 1.0 1.0 10000.0 3.00 0. 800. 25.45 6 1.0 1.0 10000.0 3.00 0. 900. 21:23 6 170 1.0-1:00-0070 ----3.00 --0. 1000. 18.03 6 1.0 1.0 10000.0 3.00 0. MAXIMUM 1-HR CONCENTRATION AT OR BEYOND 1. M: 44. 879.1 6 1.0 1.0 10000.0 3.00 0. *** SCREEN DISCRETE DISTANCES *..* *** TERRAIN HEIGHT OF 0. M ABOVE STACK BASE USED FOR FOLLOWING DISTANCES *** DIST CONC U1OM USTK MIX HT PLUME MAX DIR (M) (UG/M*"3) STAB (M/S) (M/S) (M) HT (M) (DEG) 10. 487.0 5 1.0 1.0 10000.0 3.00 0. 20. 608.1 5 1.0 1.0 10000.0 3.00 0. • 30. 744. 5 6 1.0 1.0 10000.0 3.00 0. 40. 864. 5 6 1.0 1.0 10000.0 3.00 0. Page 1 • Attachment 3.txt 50. 858.4 6 1.0 1.0 10000.0 3.00 0. 60. 767. 5 6 1.0 1.0 10000.0 3.00 0. 70. 664.4 6 1.0 1.0 10000.0 3.00 0. 80. 574.6 6 1.0 1.0 10000.0 3.00 0. 90. 502.0 6 1.0 1.0 10000.0 3.00 0. 120. 361.4 6 1.0 1.0 10000.0 3.00 0. 140. 303. 5 6 1.0 1.0 10000.0 3.00 0. 160. 260.0 6 1.0 1.0 10000.0 3.00 0. 180. 225.8 6 1.0 1.0 10000.0 3.00 0. --° SUMMARY OF SCREEN MODEL RESULTS "••" CALCULATION MAX CONC DIST TO TERRAIN PROCEDURE (UG/M**3) MAX (M) HT (M) SIMPLE TERRAIN 879.1 44. 0. REMEMBER TO INCLUDE BACKGROUND CONCENTRATIONS `- • • Page 2 Attachment 4.txt • ATTACHMENT 4 - SCREEN3 MODEL OUTPUT FILE - - ROADWAY 03/07/07 08:25:36 **• SCREEN3 MODEL RUN ** ** VERSION DATED 96043 * ARROAD2 SIMPLE TERRAIN INPUTS: SOURCE TYPE = AREA EMISSION RATE (G/(S-M*"2)) = .210000E-05 SOURCE HEIGHT (M) = 1.0000 LENGTH OF LARGER SIDE (M) = 60.0000 LENGTH OF SMALLER SIDE (M) = 6.0000 RECEPTOR HEIGHT (M) = 2.0000 URBAN/RURAL OPTION = RURAL THE REGULATORY (DEFAULT) MIXING HEIGHT OPTION WAS SELECTED. THE REGULATORY (DEFAULT) ANEMOMETER HEIGHT OF 10.0 METERS WAS ENTERED. MODEL ESTIMATES DIRECTION TO MAX CONCENTRATION BUOY. FLUX = .000 M**4/S**3; MOM. FLUX = .000 M**4/S**2. • FULL METEOROLOGY *-** *** SCREEN AUTOMATED DISTANCES *'.... • -** TERRAIN HEIGHT OF 0. M ABOVE STACK BASE USED FOR FOLLOWING DISTANCES DIST CONC U1OM USTK MIX HT PLUME MAX DIR (M) (UG/M**3) STAB (M/S) (M/S) (M) HT (M) (DEG) 1. 9.983 5 1.0 1.0 10000.0 1.00 0. 100. 15.98 6 1.0 1.0 10000.0 1.00 0. 200. 6. 519 6 1.0 1.0 10000.0 1.00 0. 300. 3.504 6 1.0 1.0 10000.0 1.00 0. 400. 2.213 6 1.0 1.0 10000.0 1.00 0. 500. 1.536 6 1.0 1.0 10000.0 1.00 0. 600. 1.136 6 1.0 1.0 10000.0 1.00 0. 700. .8804 6 1.0 1.0 10000.0 1.00 0. 800. .7132 6 1.0 1.0 10000.0 1.00 0. -9-0(C-75-915 6 1.0 1TO 1000-0.0 f0-0 O. 1000. . 5018 6 1.0 1.0 10000.0 1.00 0. MAXIMUM 1-HR CONCENTRATION AT OR BEYOND 1. M: 48. 25.39 6 1.0 1.0 10000.0 1.00 0. *• * SCREEN DISCRETE DISTANCES *** *** TERRAIN HEIGHT OF 0. M ABOVE STACK BASE USED FOR FOLLOWING DISTANCES *** DIST CONC U1OM USTK MIX HT PLUME MAX DIR (M) (UG/M**-3) STAB (M/S) (M/S) (M) HT (M) (DEG) 10. 13.75 5 1.0 1.0 10000.0 1.00 0. 20. 17.34 5 1.0 1.0 10000.0 1.00 0. • 30. 20.36 6 1.0 1.0 10000.0 1.00 0. 40. 24.10 6 1.0 1.0 10000.0 1.00 0. Page 1 Attachment 4.txt • 50. 25.35 6 1.0 1.0 10000.0 1.00 0. 60. 23.93 6 1.0 1.0 10000.0 1.00 0. 70. 21.81 6 1.0 1.0 10000.0 1.00 0. 80. 19.69 6 1.0 1.0 10000.0 1.00 0. 90. 17.74 6 1.0 1.0 10000.0 1.00 0. 120. 13.04 6 1.0 1.0 10000.0 1.00 0. 140. 10.75 6 1.0 1.0 10000.0 1.00 0. 160. 8.983 6 1.0 1.0 10000.0 1.00 0. 180. 7.605 6 1.0 1.0 10000.0 1.00 0. •• * SUMMARY OF SCREEN MODEL RESULTS *** CALCULATION MAX CONC DIST TO TERRAIN PROCEDURE (UG/Mt '3) MAX (M) HT (M) SIMPLE TERRAIN 25.39 48. 0. • ` REMEMBER TO INCLUDE BACKGROUND CONCENTRATIONS ** .************************************************** • 0 Page 2 • O) r r Q) O r CD (D P- O O (0 (`0 0) O U) CO N (O C> (0 a) 4 0 j cf co C (7 M N� (Q CO CO ui CO CO co N O N (O M O CO r p O) V O (Q (f) r N— C) CD CO (Q N O O) CO CO Cr) N r r r- 0 Cp L r (NJ CO CO M (h N N N r r r T- 92 6 N C) C a C E O U E U) 3)0 0 0 co (Q 0) co V r (0 C (Q co P- P- co co CD CO V (h m CD m CD U r�.N- r C' N N CO CO r N r O O C' U CO (D N (D r cci C EE C R O N CD N CO 0) co 0) N (O N- r r c') O (D N— 1.0 C' (0 N N r a L X cr U L C CD N- CO CO r O (D (D V co co N N N V- N N U r O (U O O O O O O O O O O O O O O O O O O O O O O O r U r N COV tO tD r ¢) m O N T- CD N- N O Cr O (0 r 0) 00) O Cl)C E cn r E m N — N y m • O O a C ) r r r r V N(D (O 0) C+) (O O C C +) N N CD 0) (D CO C N 3 6 6 N Qf O 6 N r r (p 6 V M M N r 0 0 0 O O O O U C 0 r =o N N N c) V a C E m E O) O)0 CO V r Cr 0) N r r O O CO 0) (D (D in N (D r 0) N CO (D p J U M r O C' 6 CD r 0 (O M O W NCO (h Ni r r 0 0 0 0 a t o o r r N N N N N r r r r r ' 5 0 L C m r 0 CD C 0 Nu 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U V' N co V (D OD P- 001O N C CD OD 0 0 0 0 0 0 0 0 0 _CI C _ _ _ __ - _.-- _._�I_S1�.ID_LO__C-_10 O_ _. 00 Q r M Z W W IX U to O y en O N co CO V O co co CO 0) (D C O CO N O) r C7 O (O N CD N �" 10 j C M r (O M r (O m O r C' r V O Q) r O CO N O c0 c— m 0 0) C CD V V O CD N O r V N O 0) N- (O Ch N r r r N y U O L r N N C0 C0 (O N N N r r r r d Zce) N m N c') a- W m -Cl- C— N m 0 r 0 CD C' (0 C' (D O cO C (D O CO C- CO CO Cr O N (O N O U co J E 0 p v 0 O V CO (X _aV0 (D (aD r O V CD O CO N co V r co V c') N N cr c- up U ~ Y X U L C (0N- CO CO r CO (0 (O C C) C0 N N r r I U MI • C p in E — r Era C ~ O 000000000000000000000 0 L E (V N r N CO C (O (O P-- CO 0) O N V CO CO 000000000 0 0 0 0 0 0 0 0 yE L C r r r r r N co V (0 (O N- CO 0) O a m E Q 1 m in .' 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