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Home My WebLink About20080750.tiff C „.J - j 11008 Kim Ogle PC /92I use #' run t Weld County Department { j ,LC G , of Planning Services t(,, 918 Tenth St. Cnka.t-L Greeley, CO 80631 Subject: Ready Mixed Concrete Land Use Application, USR-1608 February 25, 2008 Dear Mr. Ogle, /W 41,66(/) First, let me apologize for the incorrect salutation in my letter dated January 21, 2008. It was not intentional and wish to apologize. There are several issues in your letter that I would like to address. There seem to be some inconsistencies that trouble me. First, in your email to Tom Parko with the Fort Lupton planning department you stated that you had mailed a response to me on January 28, 2008. I received your letter and a copy from Tom Parko on the same date - February 9, 2008. Your letter was postmarked February 8, 2008. This makes me wonder if you had any intention of responding to my letter. Secondly, it was stated in your letter that the hearing on the land use was held on June 19, 2007. The information I have is that it had to be rescheduled to a later date. I do not have the information of the actual date since I did not receive any notice of a delay of the hearing. In fact one of my neighbors came and spoke at the hearing but left feeling that what they had to say was of little value. Also were there any signs posted along the corridor informing people of the upcoming hearing? I did not see any signs but maybe I just didn't look in the correct areas. Was there a meeting held in the city limits of Fort Lupton or notices in the local newspapers? Thirdly, I am well aware that an individual land use does not require an Environmental Impact Study but this particular case leads me to believe that such a study is necessary. There are too many variables that this gravel pit would impact. This does have a huge impact on Fort Lupton city residents and the quality of life here. When the city of Fort Lupton wished to put in a pedestrian bridge to access the baseball park located on the west side of the river and Highway 85, the city would have had to have an Environmental Impact Study done at that time. Why is this situation any different? In fact this situation is more critical. At the Fort Lupton City Council Workshop meeting on February 20, 2008 there was a resolution regarding Boral Aggregates requesting a 600 foot well spacing for the gravel pit project. The resolution was put on hold until a study could be done regarding the impact this would have on the city's well-heads. Maybe this information would have been included if an 2008-0750 Environmental Impact Study had been done. Now the city has to spend money to have the study done. I am not opposed to growth if it is done responsibly and with some forethought of the impact down the road in a few months or years for the city of Fort Lupton, Weld County and its residents. The bottom line is that this seems to be another situation that has been pushed through on someone's personal agenda. This reminds me of the Pioneer development issue in eastern Weld county, the railroad project and the development north of Firestone. A select group with the right networking, contacts and money can get whatever they want accomplished in south Weld county. Please send copies of all documents regarding USR-1608 to the Fort Lupton City Hall so that these records can be seen by the citizen's of Fort Lupton. If these records are available online please notify me with the website address. In closing this is a formal request for an Environmental Impact Study to be completed and funded by the county or individuals of the Holton Lakes/Ready Mixed Concrete Plant.Win e ly yl Meier ,� 625 S. Grand Ave. Fort Lupton, CO 80621 303-857-4518 CC: Dick Wolfe, State of Colorado Water Engineer Jim Hall, South Platte River Basin Water Division 1 Engineer Matthew Sares, Chief of Environmental Geology, State of Colorado Ralf Topper, Hydrogeologist, State of Colorado Weld County Commissioner Fort Lupton Mayor Shannon Crespin and Fort Lupton City Council Greeley Tribune Weld County Planning Departmen GREELEY OFFICE MEMORANDUM APR ?q 7008 rto RECEIVED 111 I TO: Kim Ogle, Planning Services DATE: April 28, 2008 FROM: Donald Carroll, Engineering Administrator OO SUBJECT: USR-1608, Ready Mix Concrete (Holton Lakes) COLORADO The Weld County Public Works Department has received the Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) for the Holton Gravel Pit. In my memo dated March 30, 2007, under Site Access, it states that the applicant shall hard surface with either concrete or asphalt the first 300 feet adjacent to the main entrance to State Highway 52 and match the existing grade with adequate turning radiuses. In the Exhibit A portion, the applicant is identifying 120 square yards of pavement to accomplish this requirement. The quantity, unit costs appear to be adequate to complete this item. The Weld County Public Works Department recommends acceptance of the transportation of Exhibit A and recommends approval of acceptance of collateral. The non-transportation items should be verified by Planning Services prior to scheduling. pc: USR-1608 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1608-A.DOC (OnvwuiNtattnup / - I3-QO/O (20p$- 0/So Fugal ' '52 I (60b CDOT Permit No. 408030 COLORADO DEPARTMENT OF TRANSPORTATION 91/S/MP STATE HIGHWAY ACCESS CODE 85 C / 241.057 / L Local Lrisi°ti°° NOTICE TO PROCEED Weld County Permittee(s): Weld County Planning Department Applicant: Ready Mixed Concrete Company(RMCC{�REELEY OFFICE Mike Hart 4395 Washinton Street • i1; r', % 7lfR P.O. Box 1303 Denver,CO 80216 f ^ r"rte g;c Boulder, CO 80306 ti w a,.`:m,g_ The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced Rate Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By Title Date (X) 0LtA -r V-0 CQ ICIL ((Oil ��f�✓ 8/5/2008 Copy 'stri 'on: Required: Make copies as necessary for: Form 12658/98,6/99 1.Region(original) Local Authority Inecector Linda McWilliams 2.Applicant MTCE Patrol Traffic Engineer -- 3.a ff Access action 14-Fort Lupton G..l<# 4'0S9 I COLORADO DEPARTMENT OF TRANSPORTATION COOT Permit No. 40803 STATE HIGHWAY ACCESS PERMIT State Highway No/Mp/Side 85 C / 241.057 / Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction $100.00 4/4/2008 4/ 01 /14-Fort Lupton Weld County The Permittee(s); Applicant: Ref No.: Ready Mixed Concrete Company(RMCC) Mike Hart 4395 Washinton Street P.O.Box 1303 Denver, CO 80216 Boulder,CO 80306 303-659-0630 303-444-6602 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed, maintained and used accordance with this permit,including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority, the Department and their dul appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise o the permit. Location:This access is located on State Highway 85, a distance of 305 feet north of mile post 241 on the west/left side. Access to Provide Service to: (Land Use Code:) (Size or Count) (Units) 991 - Sand&Gravel Mining 10 ADT Additional Information: THIS ACCESS IS A TEMPORARY ACCESS ONLY AND WILL EXPIRE 5 YEARS AFTER THE SIGNATURE DATE ON THIS PERMIT. AT THAT POINT, THIS ACCESS MUST BE REMOVED IN ITS ENTIRETY. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Linda McWilliams with the Colorado Department of Transportation in Greeley, Colorado at (970) 350-2147, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the p it and its terms and conditions. Permitt eture Print Nam pate /4 e-- ,A4Mon/S 2//4/1/acO1 This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signature PriJL,Name Title Date(of issue) c1z---(CSC_ C�Lo2/A �—� 10E IDLER Rcm /'� y 7^/4 Copy istr ution: Required: Make copies as necessary for: Previous edition obsolete and may not be use 1.Region 3.Staff Access Section Local Authority Inspector Page 1 of 3 CDOT Form#101 5/0 2.Applicant 4.Central Files MTCE Patrol Traffic Engineer • State Highway Access Permit PERMIT EXPIRATION Form 101, Page 2 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date The following paragraphs are excerpts of the State Highway or before the expiration of any authorized extension. When Access Code. These are provided for your convenience but the permittee is unable to commence construction within one do not alleviate compliance with all sections of the Access year after the permit issue date, the permittee may request a Code. A copy of the State Highway Access Code is one year extension from the issuing authority. No more than available from your local issuing authority(local government) two one-year extensions may be granted under any or the Colorado Department of Transportation (Department). circumstances. If the access is not under construction within When this permit was issued, the issuing authority made its three years from date of issue the permit will be considered decision based in part on information submitted by the expired. Any request for an extension must be in writing and applicant, on the access category which is assigned to the submitted to the issuing authority before the permit expires. highway, what alternative access to other public roads and The request should state the reasons why the extension is streets is available, and safety and design standards. necessary, when construction is anticipated, and include a Changes in use or design not approved by the permit or the copy of page 1 (face of permit) of the access permit. issuing authority may cause the revocation or suspension of Extension approvals shall be in writing. The local issuing the permit. authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the APPEALS Department of all denied extensions within ten days. Any 1. Should the permittee or applicant object to the denial of person wishing to reestablish an access permit that has a permit application by the Department or object to any of expired may begin again with the application procedures. An the terms or conditions of a permit placed there by the approved Notice to Proceed, automatically renews the Department, the applicant and permittee (appellant) have a access permit for the period of the Notice to Proceed. right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a CONSTRUCTION request for administrative hearing to the Transportation 1. Construction may not begin until a Notice to Proceed is Commission of Colorado within 60 days of transmittal of approved. (Code subsection 2.4] notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of 2. The construction of the access and its appurtenances Colorado, 4201 East Arkansas Avenue, Denver, Colorado as required by the terms and conditions of the permit shall 80222-3400. The request shall include reasons for the be completed at the expense of the permittee except as appeal and may include changes, revisions, or conditions provided in subsection 2.14. All materials used in the that would be acceptable to the permittee or applicant. construction of the access within the highway right-of-way or on permanent easements, become public property. Any 2. Any appeal by the applicant or permittee of action by a materials removed from the highway right-of-way will be local issuing authority shall be filed with the local authority disposed of only as directed by the Department. All fencing, and be consistent with the appeal procedures of the local guard rail, traffic control devices and other equipment and authority. materials removed in the course of access construction shall be given to the Department unless otherwise instructed by 3. In submitting the request for administrative hearing, the the permit or the Department inspector. appellant has the option of including within the appeal a request for a review by the Department's internal 3. The permittee shall notify the individual or the office administrative review committee pursuant to [Code] specified on the permit or Notice to Proceed at least two subsection 2.10. When such committee review is requested, working days prior to any construction within state highway processing of the appeal for formal administrative hearing, right-of-way. Construction of the access shall not proceed 2.9(5)and (6), shall be suspended until the appellant notifies until both the access permit and the Notice to Proceed are the Commission to proceed with the administrative hearing, issued. The access shall be completed in an expeditious and or the appellant submits a request to the Commission or the safe manner and shall be finished within 45 days from administrative law judge to withdraw the appeal. The two initiation of construction within the highway right-of-way. A administrative processes, the internal administrative review construction time extension not to exceed 30 working days committee, and the administrative hearing, may not run may be requested from the individual or office specified on concurrently. the permit. 4. Regardless of any communications, meetings, 4. The issuing authority and the Department may inspect administrative reviews or negotiations with the Department the access during construction and upon completion of the or the internal administrative review Committee regarding access to ensure that all terms and conditions of the permit revisions or objections to the permit or a denial, if the are met. Inspectors are authorized to enforce the conditions permittee or applicant wishes to appeal the Department's of the permit during construction and to halt any activities decision to the Commission for a hearing, the appeal must within state right-of-way that do not comply with the be brought to the Commission within 60 days of transmittal provisions of the permit, that conflict with concurrent of notice of denial or transmittal of the permit. highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by right-of-way or any adopted municipal system and drainage law, or the health and safety of workers or the public. plan. 5. Prior to using the access, the permittee is required to 11. By accepting the permit, permittee agrees to save, complete the construction according to the terms and indemnify, and hold harmless to the extent allowed by law, conditions of the permit. Failure by the permittee to abide by the issuing authority, the Department, its officers, and all permit terms and conditions shall be sufficient cause for employees from suits, actions, claims of any type or the Department or issuing authority to initiate action to character brought because of injuries or damage sustained suspend or revoke the permit and close the access. If in the by any person resulting from the permittee's use of the determination of the Department or issuing authority the access permit during the construction of the access. failure to comply with or complete the construction requirements of the permit create a highway safety hazard, CHANGES IN ACCESS USE AND PERMIT VIOLATIONS such shall be sufficient cause for the summary suspension 1. It is the responsibility of the property owner and of the permit. If the permittee wishes to use the access prior permittee to ensure that the use of the access to the to completion, arrangements must be approved by the property is not in violation of the Code, permit terms and issuing authority and Department and included in the permit. conditions or the Act. The terms and conditions of any permit The Department or issuing authority may order a halt to any are binding upon all assigns, successors-in-interest, heirs unauthorized use of the access pursuant to statutory and and occupants. If any significant changes are made or will regulatory powers. Reconstruction or improvement of the be made in the use of the property which will affect access access may be required when the permittee has failed to operation, traffic volume and or vehicle type, the permittee or meet required specifications of design or materials. If any property owner shall contact the local issuing authority or the construction element fails within two years due to improper Department to determine if a new access permit and construction or material specifications, the permittee shall be modifications to the access are required. responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. 6. The permittee shall provide construction traffic control The Department or issuing authority may summarily devices at all times during access construction, in suspend an access permit and immediately order closure of conformance with the M.U.T.C.D. as required by section 42- the access when its continued use presents an immediate 4-104, C.R.S., as amended. threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, MAINTENANCE relocate, or repair a traffic control device or public or private 1. The permittee, his or her heirs, successors-in-interest, utilities for the construction of a permitted access, the assigns, and occupants of the property serviced by the relocation, removal or repair shall be accomplished by the access shall be responsible for meeting the terms and permittee without cost to the Department or issuing conditions of the permit, the repair and maintenance of the authority, and at the direction of the Department or utility access beyond the edge of the roadway including any cattle company. Any damage to the state highway or other public guard and gate, and the removal or clearance of snow or ice right-of-way beyond that which is allowed in the permit shall upon the access even though deposited on the access in the be repaired immediately.The permittee is responsible for the course of Department snow removal operations. Within repair of any utility damaged in the course of access unincorporated areas the Department will keep access construction, reconstruction or repair. culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for 8. In the event it becomes necessary to remove any right- the repair and replacement of any access-related culverts of-way fence, the posts on either side of the access shall be within the right-of-way. Within incorporated areas, drainage securely braced with an approved end post before the fence responsibilities for municipalities are determined by statute is cut to prevent any slacking of the remaining fence. All and local ordinance. The Department will maintain the posts and wire removed are Department property and shall roadway including auxiliary lanes and shoulders, except in be turned over to a representative of the Department. those cases where the access installation has failed due to improper access construction and/or failure to follow permit 9. The permittee shall ensure that a copy of the permit is requirements and specifications in which case the permittee available for review at the construction site at all times. The shall be responsible for such repair. Any significant repairs permit may require the contractor to notify the individual or such as culvert replacement, resurfacing, or changes in office specified on the permit at any specified phases in design or specifications, requires authorization from the construction to allow the field inspector to inspect various Department. aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the Form 101, Page 3 State Highway Access Permit 1 Attachment to Permit No. 408030 -Additional Terms and Conditions 1. If there are any questions regarding this permit, please contact Tim Bilobran at (970) 350-2163. 2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit(CDOT Form No. 137) Permit(CDOT Form No. 101) and its two page attachment Exhibits: "A"- Access Plan "B"- Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-I), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon existing and anticipated future conditions. 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (current edition). 6. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. All workers within the State Highway right-of-way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupation Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. At a minimum, all workers in the State Highway right-of-way, except when in their vehicles, shall wear the following protective equipment: * Head protection that complies with the ANSI Z89-1-1997 standard; * At all construction sites or whenever there is a danger of injury to feet, protective footwear that complies with the ANSI Z41-1999 standard will be worn; * High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107-1999, Class 2). Where any of the above-reference ANSI standards have been revised, the most recent version of the standard shall apply. 7. This permit is subject to revocation due to: 1) Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy State Highway Access Permit 2 Attachment to Permit No. 408030 -Additional Terms and Conditions upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such repairs. 9. The Department retains the right to perform any necessary maintenance work in this area. 10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 11. All costs associated with the maintenance of this access are the responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. 12. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requires the Permittee to obtain a CDOT Landscaping Permit from the Traffic/Access Section. The access permit does not authorize that activity. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Linda McWilliams at the Greeley Traffic Office, (970) 350-2147 to obtain the Landscaping Permit. 13. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 14. If highway right-of-way fence exists or is proposed, the Permittee must contact Linda McWilliams at the Greeley Traffic Office, (970) 350-2147, prior to removal or installation. 15. The access shall be maintained at 27 feet wide with 25 foot radius. 16. Surfacing of the access shall be maintained as per Exhibit "A". 17. The access shall be maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 18. The maintenance of the access and/or further development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Permittee. State Highway Access Permit 3 Attachment to Permit No. 408030 -Additional Terms and Conditions 19. The Department inspector may suspend any work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the Department inspector. 20. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS) for details. The ECIS may be obtained CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction-Environmental Guidance webpage at http://www.dot.state.co.us/environmental/Forms/asp. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substance such as: wash water, paint, automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System Permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air condition condensation, irrigation water, springs, footing drains, waterline flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. ANY OTHER DISCHARGES, including storm water discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from CDPHE before work begins. For additional information and forms, go to the CDPHE website at: http://cdphe.state.co.us/wq/PermitsUnit/wqu. 21. The Permittee shall maintain any culvert found at this access and shall provide for proper side slopes. Culverts over 18 inches in diameter shall have end sections. • COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE-This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities(such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive-additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT—Please Review The Following Information Carefully—Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit,Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS-As indicated in the permit/clearance descriptions listed below,the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment(CDPHE)—General Information—(303)692-2035 Water Quality Control Division (WQCD)(303)692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp. • CDOT Water Quality Program Manager; Rick Willard(303)757-9343 • CDOT Asbestos Project Manager; Julia Horn(303)512-5519 • Colorado Office of Archaeology and Historic Preservation: (303)866-3395 • U.S.Army Corps of Engineers, District Regulatory Offices Omaha District(NE Colorado), Denver Office (303)979-4120 http://www.nwo.usace.army.mil/html/od-tl/tri-lakes.html Sacramento Dist. (Western CO), Grand Junction Office(970)243-1199 http://www.spk.usace.armv.mil/cespk-co/regulatory/ Albuquerque District(SE Colorado), Pueblo Reg.Office(719)-543-6915 http://www.spa.usace.armv.mil/req/ • CDOT Utilities, Special Use and Access Permitting:(303)757-9654 http://www.dot.state.co.us/Permits/ Ecological Resources—Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work,work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http://www.dot.state.co.us/environmentalNVildlife/Guidelines.asp,or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources—The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation(OAHP), Denver,to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work,work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP at(303)866-3395. General Prohibition—Discharges-All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343, or the Colorado Department of Public Health and Environment,Water Quality Control Division(WQCD)at(303)692-3500. General Authorization -Allowable Non-Stormwater Discharges-Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State,the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation,diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources,foundation drains,air conditioning condensation,irrigation water,springs, footing drains;water line flushing,flows from riparian habitats and wetlands,and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division(telephone#'s listed above). Hazardous Materials, Solid Waste-The Solid Wastes Disposal Sites and Facilities Act C.R.S.30-20-100, et al,and Regulations Pertaining to Solid Waste Disposal Sites and Facilities(6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation(a landfill permit). The Colorado Hazardous Waste Act C.R.S.25-15-301 et al,and the Colorado Hazardous Waste Regulations(6 CCR 1007-3)prohibit the transfer, storage or disposal(TSD)of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore,all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point(e.g.,for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination(including oil or gasoline contaminated soil,asbestos,chemicals, mine tailings,etc.) is encountered during the performance of work,the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info:Contact the CDOT/CDPHE Liaison at(303)757-9787. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation July'07 Asbestos Containing Materials,Asbestos Contaminated Soil—All work on asbestos containing materials(ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's(APCD)Regulation 8. Disposal of ACM,and work done in asbestos-contaminated soil,must comply with the CDHPE Hazardous Materials and Waste Management Division's(HMWMD)Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info:CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information is available from Julia Hom, CDOT Asbestos Project Manager(303)512-5519. Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities-Discharges of stormwater runoff from construction sites disturbing one acre or more-or certain types of industrial facilities-requires a CDPS Stormwater Permit. Contact Information:For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at(303)757-9343. Otherwise,contact the CDPHE Water Quality Control Division at(303)692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html Construction Dewaterinq(Discharge or Infiltration)—Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at(303)692-3500. Website:http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Minimal Industrial Discharge Permit—Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit("MINDI"). Contact Info:Contact the CDPHE WQCD at(303)692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Municipal Separate Storm Sewer System(MS4) Discharge Permit—Discharges from the storm sewer systems of larger municipalities,and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit,the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations,and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at(303)692-3500 for a listing of municipalities required to obtain MS-4 Permits, or go to http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html#MunicipalFormsGuidance. Discharge of Dredged or Fill Material—404 Permits Administered By the U.S.Army Corps of Engineers,and Section 401 Water Quality Certifications Issued by the CDPHE WQCD-Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits,including Nationwide Permits,which are issued for activities with relatively minor impacts. For example,there is a Nationwide Permit for Utility Line Activities(NWP#12). However,depending upon the specific circumstances, it is possible that either a"General"or"Individual" 404 permit would be required. If an Individual 404 Permit is required,Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required(information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at(303)692-3500. Erosion and Sediment Control Practices-For activities requiring a Construction Stormwater Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required,all reasonable measures should be taken in order to minimize erosion and sedimentation. In either case,the CDOT Stormwater Quality and Erosion Control Guide(2002) should be used to design erosion controls. Contact Information:The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at(303)757-9313 or from: http://www.dot.state.co.us/environmental/envWaterQual/wgms4.asg Disposal of Drilling Fluids-Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as"discharges" or"solid wastes",and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids(less than 1 cubic yard of solids)may be left on-site after either being separated from fluids or after infiltration of the water,provided: 1)the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties,small quantities of polymer additives that are approved for use in drinking water well drilling;2) the solids are fully contained in a pit,and are not likely to pose a nuisance to future work in the area,3)the solids are covered and the area restored as required by CDOT permit requirements(Utility, Special Use,or Access Permits, etc.). Contact Information: Contact the CDOT/CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout-Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343. Spill Reporting-Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at(303)512-4446(4H20),as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways,or that may otherwise present an immediate danger to the public shall be reported by calling 911,and shall also be reported to the CDPHE at 1-(877)-518-5608. Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation July'07 Transportation of Hazardous Materials-No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed,described, packaged, marked, labeled,and in condition for shipment as required or authorized by applicable requirements,or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter-and intra-state HAZMAT Registration (303)969-6748. Colorado Public Utilities Commission:(303)894-2868. Paleontology-The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at(303)757-9632. Working on or in any stream or its bank- In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries,it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1)represented by a solid blue line on USGS 7.5'quadrangle maps;and/or 2)intermittent streams providing live water beneficial to fish and wildlife; and/or 3)segments of streams supporting 25%or more cover within 100 yards upstream or downstream of the project;and/or 4)segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife(CDOW) application, as per guidelines agreed upon by CDOT and CDOW,can be accessed at www.dot.state.co.us/environmental/wildlife/oermitapolication ASP. About This Form-Questions or comments about this Information Summary may be directed to Dahir Egal,CDOT Safety&Traffic Engineering, Utilities Unit,at(303)757-9344,dahir.egal@dot.state.co.us • Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation July'07 • COLORADO DEPARTMENT OF TRANSPORTATION Issuing authority application STATE HIGHWAY ACCESS PERMIT APPLICATION accep r\t iculate;` Instructions: - Contact the Colorado Department of Transportation(COOT)or your local government to determine your issuing �authority. - Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form(some questions may not apply to you)and attach all necessary documents and Submit it to the issuing authority. Please print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority. - For additional information see CDOT's Access Management website at htte://www.dot.state.co.us/AccessPermits/index.htm 1)Property owner(Permittee) 2)Agent for permittee(if different from property owner) Ready Mixed Concrete Company (RMCC) Mike Hart Street address Mailing address 4395 Washington Street P.O. Box 1303 City,state&zip Phone# City,state&zip Phone#(required) Denver, Colorado 60216 (303) 659-0630 Boulder, Colorado 80306 (303)444-6602 E-mail address E-mail address if available bill. timmons@boral.com mjhart0l@gmail.com 3)Address of property to be served by permit(required) 4747 Colorado Highway 85 4)Legal description of property:If within jurisdictional limits of Municipality,city and/or County,which one? county subdivision block lot section township range Weld I I I NW 1/4 7 11 North 166 West 5)What State Highway are you requesting access from? 6)What side of the hi hway? State Highway 85 ON US E I]W 7)How many feet is the proposed access from the nearest mile post? How many feet is the proposed access from the nearest cross street? 300 feet l®N❑S❑E OW)from: MP-241 2815 feet ON WIDE❑W)from: State Highway 52 8)What is the approximate date you intend to begin construction? 7/1/2009 9 Check here if you are requesting a: new access ®temporary access(duration anticipated: 5 years ) nimprovement to existing access ®change in access use nremoval of access relocation of an existing access(provide detail) 10)Provide existing property use Agricultural-Vegetable Truck Farm 11)Do you have knowledge of any State Highway access permits serving this property,or adjacent properties in which you have a property interest? flno ayes,if yes-what are the permit number(s)and provide copies: and/or,permit date: 12)Does the property owner own or have any interests in any adjacent property? Ono 0 yes, if yes-please describe: Holton Family LLC owns 295 acres.See attached aerial photograph 13)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the property? 0 no O yes,if yes-list them on your plans and indicate the proposed and existing access points. 14)If you are requesting agricultural field access-how many acres will the access serve? No 15)If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business/land use square footage business square footage Sand and Gravel Mining I95 Acres I I 16)If you are requesting residential developement access,what is the type(single family,apartment,townhouse)and number of units? type number of units type number of units I I 17)Provide the following vehicle count estimates for vehicles that will use the access.Leaving the property then returning is two counts. Indicate if your counts are #of passenger cars and light trucks at peak hour volumes #of multi unit trucks at peak hour volumes peak hour volumes or average daily volumes. 8 0 [leverage or of single unit vehicles in excess of 30 ft. #of farm vehicles(field equipment) Total count of all vehicles 2 0 10 Previous editions are obsolete and may not be used Page 1 of 2 CDOT Form#137 12/04 • 18)Check with the issuing authority to determine which of the following documents are required to complete the review of your application. a) Property map indicating other access,bordering roads and streets. e) Subdivision,zoning,or development plan. b) Highway and driveway plan profile. f) Proposed access design. c) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. d) Map and letters detailing utility locations before and after h) Traffic studies. development in and along the right-of-way. i) Proof of ownership. 1- It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the CDOT Planning/Construction-Environmental-Guidance webpage http://www.dot.state.co.us/environmental/Forms.asn. 2- All workers within the State Highway right of way shall comply with their employer's safety and health policies/ procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 107-1999, class 2); head protection that complies with the ANSI Z89.1-1997 standard; and at all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSI Z41-1999. Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shall apply. 3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: <http://www.dot.state.co.us/DesiunSupport/>, then click on Design Bulletins. If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permit does not constitute permission to start access construction work. Applicant's ature / Print name Date ( Bill Timmons, GM January 30, 2008 If the applicant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this application by all owners-of-interest unless stated in writing. If a permit is issued, the property owner, in most cases, will be listed as the permittee. 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