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HomeMy WebLinkAbout20060571.tiff 14802 W. 44 Avenue PAV/NG Golden,Colorado 80403 CO. Office: 303-279-6611 Fax: 303-279-6216 www.asphahpavingco.com The Sign of Quality January 26, 2006 VIA FACSIMILE AND U.S. MAIL Ms. Esther Gesick Weld County Clerk to the Board of County Commissioners 915 10th Street Greeley, CO 80631 Re: USR-1533, Asphalt Paving Company, Wattenberg West Sand and Gravel Mine Dear Ms. Gesick: On January 17, 2006, the above-referenced case was presented to the Weld County Planning Commission. Asphalt Paving Company wishes to present this case to the Board of County Commissioners for their consideration and approval. We would prefer that this case be scheduled for a meeting date at which all of the commissioners are likely to be in attendance, but no earlier than March 1, 2006. It is our understanding that March 15, 2006 is such a date, and we therefore request that this case be heard at the March 15th County Commissioners' meeting. Please contact Maureen Jacoby of Banks and Gesso, LLC (303-274-4277)to confirm or reschedule this hearing date, as necessary. Thank you. r JeftFe i K ler Jo M. Keller \P i Secretary / - 7 6/ date date 2006-0571 cc: Michelle Martin, Weld County Dept. of Planning Services EXHIBIT Maureen Jacoby, Banks and Gesso, LLC }Fi` .3 it �tor..-11931,tas �ci� ae.,A.anal Pareme n R:mac a on + 14802 W. 44Th A'enue P:44 Golden,Colorado 80403 CO. Office: 303-279-6611 Fax: 303-279-6216 • www.asphaltpan ingco.com The Sign of Quality Weld County Department of Planning Services Attn: Michelle Martin 4209CR24 %z Longmont, CO 80504 RE: USR-1533 -Asphalt Paving Company,Wattenberg West Sand and Gravel Mine To Whom It May Concern: Asphalt Paving Company is both the property owner and applicant for a proposed sand and gravel mine, to be known as the Wattenberg West Sand and Gravel Mine, located in the NW %Section 25, Township 1 North, Range 67 West, eh Principal Meridian, Weld County, Colorado. The President of Asphalt Paving Company, Jeffrey W. Keller, has the authority to solely sign the Use by Special Review application, dated 10/10/05, on behalf of Asphalt Paving Company, and is also authorized to solely sign any additional letters or documents associated with the project. The signatures of the Asphalt Paving Company officers noted below confirm the above information to be accurate and truthful. Unde signed: 7/ Jam/' Itr _ / lea/% Jeffrey BelleJl C j Pre,5id / STATE O COLORADO ) )ss COUNTY OF 7,r,-) The foregoing instrument was acknowledged before me on this 2//lfr' day of i c,,,,,'n�� .-. , 2006 by a 4�/ 41u 6 tefe/ >, lT•7l.t/iR! of lC✓y]ALra(Motez nR ( "1, . G G (tCme) (Title) (Company) Xpre� Witness my hand and official seal. 1. fl(pmryTe6Be / ' J?!lR'E03LtoLORA�D --:----A , 1 ( „ tat) L% My commission expires: 7-2'V-O`,� y O,gip 7.24-W Notary Publi John M�(e ler Secre ry STATE OFCOLORADO ) z----\ )ss COUNTY etr („tias.,„_.)) The foregoing instrument was acknowledged before me on this G.-'ti day \17,w xuo.44.j-` , 2006 by / 6 7 - C .,. .�;7 "/ife,v! , -- inC: f;ru, ofJLtyl..laef (%i,Li>n K (Name) (Title ' (Com,any) xpeneginfasois tary Prat fitness ray hand and official seal. TE Ofcotx• 7)eef'' i�,(1,-cl- vex / My commission expires: i- 4-C1-f Aly Comm.TP744-09 Notary P4� k kt:, O ArY NAPA Na, 9L Page 1 of 3 Carol Harding From: Bill Jerke Sent: Friday, January 20, 2006 2:25 PM To: Carol Harding Subject: FW: USR#1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado I don't know if this should be included in 1533. Bill From: Trevor Jiricek [mailto:tjiricek@co.weld.co.us] Sent: Wednesday, January 18, 2006 3:17 PM To: Bill Jerke Cc: Dave Long; Glenn Vaad; Rob Masden; Mark Wallace Subject: FW: USR #1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado Bill, Please see below. This is follow-up to the Larry Johnson complaint. As you requested I've copied to Glenn and Dave. Also, copied to our coordinator- Rob. Take care! Trevor Jiricek, M.A. Director, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave Greeley, Colorado 80631 970-304-6415, ext. 2214 (office) 970-304-6411 (fax) Lti%•*En From: Phillip Brewer Sent: Tuesday, January 17, 2006 2:17 PM To: Trevor Jiricek Subject: RE: USR #1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado Trevor: I visited with Larry Johnson at his home from about 10:45-12:00 this morning. I then went to two of the areas of concern that he had: Xcel and Asphalt Paving Co's new mining site that is under planning review. Hisotry: Larry was the complainant some years ago about the subsurface and air vibrations that his family was experiencing from the Xcel Yosemite compressor plant at WCR 19 and WCR 4. Cindi Etcheverry primarily (and I) were involved with the investigation of that complaint. I also, personally, interacted with Larry during that event when I was driving my "civilian"car during one of my investigational trips down there. Larry confronted me on the public-right-of-way and asked me my business and what I was doing just hanging and looking around the area (maybe I was sort of appearing like a vagrant, loiterer, and potential thief). I introduced myself and explained the reasons for my activities. His house is about 1 mile NEE of the compressor plant. Today, I listened to his concerns about the Yosemite Compressor Plant and the proposed Asphalt Paving aggregate mining operation that is planned for the SE corner of WCR 23 and WCR 6 (about 1.4 miles NE of him). This is to be reviewed with the Public in a Planning Comm. hearing at the south county building today at �. 1:30pm (USR-1533). The Yosemite Compressor Plant at WCR 19 &4, according to Larry is to be phased out, and all of the functions of the plant are to be transferred to the"Yosemite North Compressor Plant" that will be a totally new plant. The 1/20/2006 Page 2 of 3 new plant is 0.6 miles directly west of Larry's house, and in line of sight of his panoramic view of the front range. The new plant is to have seven compressor engines operating. A new 36 inch pipe line is to be supplying the new plant. The new plant is presently equipped with a single compressor. Larry said that the plant is scheduled for completion by 2009. Larry mentioned that the compressor plant had a"mercaptan" leak recently (undefined date) and he can sometimes (not commonly) smell natural gas from the plant. Larry's complaint about the Asphalt Paving Company proposed mine is just that. It is a creeping situation that is punching more holes in the county. I explained to him how air permitting works, who does the enforcement of possible violations of permits, and the importance that he will be by calling me when he observes possible violations. I left him with some suggestions that were"friendly" and I hope helpful in the long run: 1. I said to him that most of his concerns about country growth, traffic, activity, houses everywhere, etc. maybe could be addressed better if he were to become politically active--attend public meetings and/or run for a position on the BOCC. He said that he did not want to do that as he is too old (he is probably older than I am, and he is retired). He said that he does know Victor Jaccobucci and Barb Kirkmeyer, and knows that they were effective in getting some roads paved down in that southern Weld area. 2. I left him my phone#'s so that he can call me when the gas plant is spreading smelly gas around the area, or roads are dusty, or the new gravel mine is causing air pollutants to be generated. 3. I called and determined for him where the Planning meeting is to be held at 1:30 pm today (South Weld Co Bldg) so he can attend and participate. This is the meeting at which the Asphalt Paving project USR is to be reviewed (the last item on the agenda). With a bigger compressor plant just 0.6 miles to his immediate west, he is going to be driven absolutely nuts. But, the land between the compressor plant and his house is already "sold" and planned for a housing development. Those new home owners are going to be driven nuts---but I guess the plant will have been there first!!! He made a side comment that Montana looks pretty good at this point. So, if you get any phone calls from Larry, or more referrals from the BOCC, let me know. I am sure that Larry is just at the beginning of being annoyed with "promised" increased volumes and numbers of nuisances in that area. Phil From: Trevor Jiricek Sent: Friday, January 06, 2006 10:16 AM To: Phillip Brewer Subject: FW: USR #1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado can we chat about this? Trevor Jiricek, M.A. Director, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave Greeley, Colorado 80631 970-304-6415, ext. 2214 (office) 970-304-6411 (fax) 1/20/2006 Page 3 of 3 From: Bill Jerke [mailto:bjerke@co.weld.co.us] Sent: Friday, January 06, 2006 9:50 AM To: Trevor Jiricek; Glenn Vaad; Dave Long; Carol Harding Subject: FW: USR #1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado Trevor, could you look into the health issue at bottom of email and respond to contituent and Commissioners. Glenn and Dave, I didn't see your names on the original email. Carol please include in any pending usr. Bill From: KITDSGN@aol.com [mailto:KITDSGN@aol.com] Sent: Friday, January 06, 2006 8:08 AM To: Rob Masden Cc: Mike Geile; Bill Jerke; Michelle Martin Subject: USR #1533, Asphalt Paving, NW/4 Section 25-1N-67W, Weld County, Colorado As 35 year residents of Weld County and living in the raped and uncontrolled cannibalization of South Weld, you have to ask; Why is it that you want to live and raise children in this land of junk car lots, rock crushing plants, desecrated outdoor environment, Xcel plants emitting & spewing toxic odors with health altering sonic noise, murderess 80,000 pound out side the law thundering gravel trucks, speeding traffic on "just" passable third rate roads, blankets of sickening raw natural gas releases, high drug traffic, no police protection or monitoring, raping of your land with gaping pock marked un reclaimed gravel pits? Where is this all leading and for what purpose? "COME ON OVER...IT'S A GREAT PLACE TO L/VE....enjoy the urban life in uncontrolled and the dumping ground of South Weld County USA!! Please for the sake of our(your) lives...save that which is precious regardless of the tax base loss....retain what little"life quality" we have left...be strong....don't be part of a rubber stamp commission as we've had in the past....you are entrusted with our lives...don't take that trust lightly....it's our families lives too! Have you ever wondered how Bill Keller owner of Asphalt Paving has become a multimillionaire in just the past 10-15 years? Ever wondered why he lives on a multimillion dollar horse ranch? Why is it that we allow them to steal from Weld County and pocket our wealth without concern? Thank you for your time and understanding and know we can look forward to prudent and controlled development....it's your responsibility. The Larry Johnson family PS When I called the Sheriffs department regarding a 10 hour siege of gut wrenching gas odors courtesy of Xcel three weeks ago, was asked...."why are you calling us?" "We deal with crimes!" So much for protect& serve...call only"after" you are dead...there went my idealistic view and memory of the policeman helping children across the street....now the image is...well, enough! 1/20/2006 Page 1 of 1 • Carol Harding From: Dmdeherrera@aol.com Sent: Wednesday, January 25, 2006 6:28 PM To: Dave Long Cc: avaad@co.weld.co..us Subject: re: opposing of case number USR-1533 We are writing in regards to case number USR-1533. We are surrounding property/mineral interest owners. We strongly oppose the Development Plans for a Mineral Resouce Development facility including a Concrete and Asphalt Batch Plant,Recycling Plant.Materials Blending.lmport of Materials and Gravel Mining . We are located south of and adjacent to CR 6 and east of and adjacent to CR 23. We were informed at a meeting with Asphalt Paving Co. that we were 50 ft. away from point of digging. We strongly oppose anything being done so close to our home where we enjoy our outdoors with our Grandchildren. Concern of health issues with regards to some of them having asthma. My husband and I also have allergies. Please help us against the Development of this project. Thank-you, Arthur and Mary DeHerrera 1513 Caroline Ave. Ft. Lupton, Colorado 80621 303-659-1747 y, p P& 1/26/2006 Page 1 of 1 Mike Geile From: bobbi baeza [bjbaeza@yahoo.com] Sent: Thursday, January 26, 2006 11:17 AM To: Mike Geile Subject: Case number USR-1533/Wattenberg plant proposal January 26, 2006 Dear Mr. Geile, Hello, my name is Bobbi Baeza, and I am a member of the community of Wattenberg, Colorado. The reason for this brief letter is to ask you for your vote against Asphalt Paving Co.'s pending approval of their gravel/cement/asphalt recycling plant on the land west of Wattenberg and east of Weld county Road 23, case number USR-1533. The implementation of this plant will have detrimental effects on living conditions for the residents of the Wattenberg community and the families located around the perimeter of Wattenberg. Thank you for your time, and I hope you do take my request into consideration. Sincerely, Bobbi Baeza 1653 Caroline Ave. Wattenberg, CO 80621 303-654-0513 Bring words and photos together (easily) with PhotoMail - it's free and works with Yahoo! Mail. E1(!f ONT N tz.. 41,533 1/28/2006 Page 1 of 1 Mike Geile From: Owttnbrg@aol.com Sent: Thursday, January 26, 2006 11:57 AM To: Dave Long; Glenn Vaad; Rob Masden; Bill Jerke; Mike Geile Subject: case# usr-1533-gravel pit and batch plant As concerned residents of Wattenberg, Co, we strongly urge you to vote against the gravel pit and batch plant ( case# usr-1533 )that Asphalt Paving Company is proposing on the west side of Wattenberg. We believe that this mining and recycling operation would be devastating to the 100 families who reside in the town of Wattenberg. We strongly believe that our water supply, the air we breathe, and the heavy traffic will greatly affect our livlihood. Thank-you Sincerely, Robert L Giron Orlinda J Giron -4 in #1533 1/28/2006 — , Page 1 of 2 Mike Geile From: FENCEPOSTART@aol.com Sent: Friday, January 27, 2006 6:21 PM To: Mike Geile Subject: USR 1533 Sir: I offer the following comments and observations as a layman and as a resident of the town of Wattenberg and request that you vote not to allow the ASPHALT BATCH PLANT as request in USR - 1533 I understand that the distance between the town of Wattenberg and the decision maker in Greeley and the low dollars amount that we generate in tax dollars continues to isolate us as a community. Regarding the proposed ASPHALT BATCH PLANT/RECYCLING PLANT, I offer the following questions, comments and suggestions. AFFECTS ON THE AIR WE BREATH. The Town of Wattenberg is located in a valley with the prevailing winds blowing from the Northwest to the Southeast, the proposed located to the subject plant is directly to the west of Wattenberg. Any breeze will bring any fumes from the subject plant into the town. Because of the location of the town, we have an air inversion, such occurrences as fog, agricultural burning, and odors from feedlots, cause such fumes and orders to settle in the valley in which we live. In the event there is no breeze any discharge from the subject plant will settle over the town until there is a breeze. I am not learned in air pollution, however all the report and studies I have read from the internet, indicate that such plants have the potential to cause negative affects on lives and quality of health. If the air pollution become worse, this will most likely affect the high percentage of elderly persons who live in Wattenberg. TRAFFIC The proposed plan for the subject plant indicates that traffic will be moving from the proposed site to U.S. 85. One comment made was that there will be approximately seventy (70) gravel trucks traveling on Weld County Road, from the West side to the Wattenberg to US 85. This may not be viewed as additional traffic, however, I ask you to consider that the flow of traffic will now increase. This traffic had been traveling from the East side of Wattenberg to US 85 and if this permit is granted will now be traveling from the West side of Wattenberg to US 85. Currently there is gravel truck traffic traveling East and West on WC Road 6 past Wattenberg. For the most part the gravel truck drivers do not adhere to traffic regulations. In my opinion the increase of traffic past the town will also increase the potential for traffic accidents. No one has mentioned the possible affect that this increase in traffic will have on the school buses that travel on WC Road 6. Noise The proposed plan for the subject plant indicates that hours of operation will be daylight hours, six (6) days a week, unless there is an emergency and at such time they will work extended hours. I would like to point out that during the summer time, this could mean that the plant could be in operation till 9:30PM, six days a week. Emma 1/28/2006 Page 2 of 2 WATTENBERG'S QUALITY OF LIFE I as others from Wattenberg are third generation, my grandmother and mother were not born here, however, when they migrated to the United States, Wattenberg was where they settled. There is still a sense of community in Wattenberg, neighbors are still willing to lend a helping hand, and we know our neighbors. Not to say that we are not without our problems. My family moved here for the sense of community, the country atmosphere and the amenities that country living has to offer. Many of these things will be lost once we are surrounded by gravel pits and have a Batch plant. As a final comment, I have read about all of the control the gravel plants have in place or will have in place to save guard the underground water, I offer the questions, If the gravel pits do not effect the underground water, why are there so many trees either dead or dying around gravel pits? And, what has happened to all the wild life, at one time I was able to sit and watch deer and turkeys graze. As a boy growing up in Wattenberg I hunted quail with a sling shot, it's been years since I've seen a quail. The bald eagles that were transplanted into this area seen to be flourishing, with the changes in our environment, what is to happen to them? PROPERTY VALUES — The property values in Wattenberg are bound to decline, as a result of all the gravel mining area the town, I would expect that the county will take this into consideration When the next property assessments are completed and reduce our property taxes accordingly. Respectfully, Anthony R. Espinosa, a resident of Wattenberg 303-960-5583 1/28/2006 Page 1 of 1 Carol Harding From: Rob Masden Sent: Monday, January 30, 2006 9:29 AM To: Carol Harding Subject: FW: Gravel pit, cement&asphalt recyling plant case# USR-1533 From: stephanie archuleta [mailto:sarchuleta3@yahoo.com] Sent: Saturday, January 28, 2006 10:49 PM To: Rob Masden Subject: Gravel pit, cement&asphalt recyling plant case # USR-1533 Dear Commissiioner Masden: Our names are Ventura& Estefanita Archuleta and we live at 1621 Caroline Ave. in Wattenberg, Co. We are asking you to oppose the sand and gravel pit, Cement & Asphalt recycling plant, Case no. USR- 1533. Our concerns are these:the quantity and quality of our private and city wells, without water our homes will be worthless, the traffic on Rd. 6 will be tremendous as those huge semi-trucks carry materials to & fro, creating dangerous conditions for our school age children and also our residents that use Rd. 6 as their primary access to leave town, the harmful dust pollution created from the asphalt and cement recyling plants, that will affect all people in Wattenberg because of the wind direction, hitting us directly, the horrendous noise levels from machinery running constantly. PLEASE SUPPORT US IN OUR EFFORT OPPOSING THIS PROPOSAL! Thank you,again Ventura& Estefanita Archuleta Bring words and photos together(easily) with PhotoMail- it's free and works with Yahoo! Mail. f 1/30/2006 January 30, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my concerns about the pending proposal of the gravel/cement/asphalt recycling plant by the Asphalt Paving Co. Case Number USR- 1533. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, �u�yan.v�✓ iAr Name: /)Sc(iec 6 C Address: )' 3< ' 1 TIG Wel en ber-� , e is- / Phone#: 3Z-- 33 - S-'-� R I L /� )dirtA-A-ait il01006 lD cF.._ ,0croc D f C am, SS t rrus g(-r14;13- 71\e- rva- ow_ &o . M t - 1533 . `nom w,t-, + (.41:5-5 a._ .a . j__ C Ic& u fined 4CULK I Cic [VO-Y)tt , -..Q— 1AELIS yon 'no_ ‘..-e_ dotA2 6,(__ /flaky kGa wed &L k 4 r (11AtAir vei no-y. aki i.A.)--)._ 1-\(-A-g- • J( 4,0 „ - -.A (-44-srt ((AAA__ --Ad wily -41-k-e_ 1 f ch\t, pcietuv c!Z Pct CwnfiL 7)0,4-r_L i i ILA -.4 1_ t_ trxir Cu LydDti0f (loose_ 'hp ktiet tick,_ L. pe, 40 4s-frol, (Pm- hiyt_s . Thr„, . ' tout _ he_ so ' u,c3,_ .e-s+r t4- , f-t„- cut_ / Iv-_ �S00 ' rresrn a . . we.. I Art, T Jntk was t it rest aNte ±c-k la-rd w r t d so o wcc t 0-1 rrittr- t . 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(b) koc_ 114-V hem Go 80&ai 303- '7-96-37 February 4, 2006 Dear Mr. Glenn Vaad, I am writing this letter to you being that you are the Weld County Commissioner, I want to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete asphalt batch plant and recycling plant and materials blending plant just west of our Wattenberg Community. My concerns include the water ,traffic safety, the health and the environmental that are going to effect our Community even more than what it has already been effected.. I believe this is happening because this is a Hispanic Community and nobody really care what happens here. I would like to invite you to our Community so you can see first hand how this Asphalt Paving Co. Gravel Mines and concrete batch plants etc. are surrounding us. Thank -You for your consider God Bless You. Sincerely, John and Mary Morales Pc\c71 EXHIBIT I Ni *)683 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 1, 2006. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 15 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1533 IN THE AGRICULTURAL ZONE DISTRICT. Michelle Martin Name of Person Posting Sign 1/1 Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) ( L The foregoing instrument was subscribed and sworn to me thi4 2 LI day of, , 200k WITNESS my hand and official seal. Notary Public „ ('�� �' 11(r� y � B J.v NOTARYILLIE PUBLICM00RE /1� STATE OF COLORADO /My Commission Expires: C C(d�/�/ _ EXHIBIT •a { f. � 7 d 1r` . Y .o _ .!-:.°v...,.:;,: - ,. • •-•,::.54,„4":9, In . r�& • ti r b • ib ' y.. 'T :,,Al. } - fy.✓Cr r • 0011/11;Pp,�. - y� .T' � l ""svq ` .eR !fly 01: -w. ,4 r' t pZ 'E"` rrx � 3 A " yX.I1 s' y #k 88� J... w C". a ' 4 w 3 ry 5 4s 3 I t +`PP 5 s x t'< i4 3' { F`§5 i. "4'i,i } x€ Y��<C - .i i��af - yyf' h j ',. a 5 `�' a�m ° t. ` ,fir ,., ,. �' ag ".r"�'a,' r'ljj tit. 4 3 . Y i sx' tl.'.* fir T :..�.--4 ydlFJ*Q.A. Y r '. r �.e j tC f I 4104 - f _ X. d4 y.a ry ' +d" i1 } - _ - 1eTaFwl Page 1 of 1 Carol Harding From: Sharkrantz@aol.com Sent: Sunday, March 05, 2006 12:21 AM To: Carol Harding Subject: Docket#2006-16 Dear Weld County Commissioners, We are writing to let you know of our opposition to Weld County Docket #2006-16 for Asphalt Paving Company's application for a Site Specific Development Plan and a Special Review Permit #1533 for a Mineral Resource Development Facility, including a concrete and asphalt batch plant, recycling plant, materials blending, import of materials and gravel mining located south of Weld County Road 6 and east of Weld County Road 23. If approved, this development will be located within 200 feet of our home and property. Our residence address is 1755 Weld County Road 23 and we have lived at this address for over 28 years (since August 1977). We have many concerns regarding the proposed mining facility and its effect on our lives, our home and our neighborhood, such as the possible damage to our water well and water supply; how our legal mineral rights might be effected; the environmental impact of noise, traffic, air pollution; property depreciation; the lack of landscaping outlined in the proposal by Asphalt Paving Company; and how this development will look in 15 to 20 years after the mining operation is finished. We are planning to attend the public hearing to be held on March 15, 2006 to voice our opposition and elaborate on our concerns regarding this development. Thank you, Jerry and Sharlene Krantz 1755 Weld County Road 23 (P.O. Box 632) Brighton, CO 80601 Home Phone 303-659-0205 ;14 c t52.4 1 3/6/2006 Kin KERR-MCGEE R C v4717114111101 efoRPIR477vPI 1999 BROADWAY,SUITE 3700•DENVER,COLORADO 80202 PHONE: 303-296-3600 February 28, 2006 FAX. 303-296-3601 VIA FACSIMILIE AND U.S. MAIL Weld County Commissioners 915 10`h Street P.O. Box 758 Greeley, Colorado 80632 Re: Specific Development Plan and Use by Special Review Permit#1529 Asphalt Specialties Company, Inc, Applicant Township 3 North, Range 67 West, 6th P.M. Section 31: (part) SE/4 Weld County, Colorado Dear Board of Weld County Commissioners: The purpose of this letter is to inform you that Kerr-McGee Rocky Mountain LLC. formerly Kerr-McGee Rocky Mountain Corporation, after further review of the -asp(r,ii Specialties Company's application and successful negotiation of a surface use agreement, Kerr- McGee fully acknowledges and supports their development. Please contact me at 720-264-2642 if you have any questions of comments about this matter. Thank you for cooperation and consideration. Sincerely, Kerr-McGee Rocky Mountain LLC C. , Terry-D. Enrr t Landman ' alist cc: James P. Wason—Kerr-McGee Rocky Mountain LLC . Nicole R. Ament, Attorney 2 EXHIBIT Page 1 of 1 Carol Harding From: Terri Velasquez [TVelasquez@centenoclinic.com] Sent: Wednesday, March 08, 2006 7:06 AM To: Carol Harding Subject: USR#1533 I am writing concerning the plan of a gravel pit/asphalt plant in Wattenberg. My husband and I have lived in the proposed neighborhood for over 8 years and we are totally against the proposed plant moving in and destroying the lives of the community. With this plant the traffic will be dangerous not to mention the lives that have already been lost in the past year on Cty. Rd. 6. It's coming will impact the homes and there wells with no consideration to there only source of water. This proposed site will be to big for the area and we fill it will be a danger to all neighbors. Please accept this as a concerned Weld Cty. Resident and ask the Commissioners note to vote this in. We appreciate your concerns for our needs. We will be attending the March 15th meeting. Thank You Edward K. Velasquez Terri L. Velasquez 3480 W.C.Rd. 21 Ft. Lupton, Co. 80621 303-659-9252 3/8/2006 Page 1 of 1 Carol Harding From: stephanie archuleta [sarchuleta3@yahoo.com] Sent: Wednesday, March 08, 2006 9:05 AM To: Carol Harding; Dave Long; Glenn Vaad; Rob Masden; Bill Jerke; mgeile@weld.co.us Dear Weld County Commissioners: Our names are Ventura and Estefanita Archuleta and we live at 1621 Caroline Avenue in Wattenberg,Co.We are askiing you to please oppose the sand and gravel plant, cement and asphalt recycling plant (Case no. USR-1533.) Our concerns are these: the quality and quantity of our private wells,as well as our city well.We know that without water our homes will be worthless. Also the traffic on Road 6 will be tremendous as approximately 70 Semi-trucks carry materials to and fro creating dangerous conditions for our school age children and also our residents that use Road 6 as their primary access to leave town. Also the harmful pollution created from the asphalt and cement recyling plants is a very large concern, that will affect all people in Wattenberg because of the wind direction, hitting us directly. The loud, horrendous noise levels is also a concern because of the machinery running for many hours during the day. PLease support us in our effort opposing this proposal ! Thank you for hearing our plea! Ventura and Estefanita Archuleta Yahoo! Mail Bring photos to life! NewPhotoMail makes sharing a breeze. EXHIBIT s as2 4N533 3/8/2006 Page 1 of 1 Carol Harding From: Frank, Hazel [hfrank@bjorklindley.coml Sent: Wednesday, March 08, 2006 9:12 AM To: Rob Masden; Mike Geile; Bill Jerke Cc: Carol Harding Subject: Case Number USR-1533, Asphalt Paving Company, NW/4 Section 25-1N-67W Although I already contacted you with regard to the captioned matter prior to the Planning Commission hearing, the more I have thought about the proposed use of this site the more concerned I have become. Before making a decision as to whether or not an aggregate and batch plant should be permitted at this location I would strongly urge each of you to visit the location if you have not already done so. I would suggest that you drive eastbound on Weld County Road 6 from Weld County Road 21 and imagine the following scenarios: 1. You are approaching the intersection of WCR 13 and WCR 23 and wish to turn left(north) onto WCR 23 (an awkward turn due to the camber of the road); a fully loaded truck that has just left the plant is traveling westbound up the hill so you must wait for it to pass before you can turn; however, there is another truck(which would presumably be empty if only aggregate is mined at the site but which could be fully loaded if a batch plant is approved) eastbound on WCR 6 which is rapidly closing on your rear bumper; would the truck behind you be able to stop before hitting you? Now imagine this scenario in the winter when the road is a sheet of ice (this location gets little sun). 2. You are approaching the intersection of WCR 13 and WCR 23 and wish to continue eastbound into Wattenberg; as you approach the intersection, a fully loaded truck that has just left the plant is making a right turn onto WCR 23 but in order to make the turn he must swing wide; you are not anticipating westbound traffic encroaching into your lane and could not see the truck before reaching the intersection because of the hill (and the westbound truck could not see you); would you be able to stop in time, and if an eastbound truck is behind you, would he be able to stop? Now imagine this scenario when the road is icy. Ideally, I would suggest you drive WCR 6 from 1-25 to Highway 85 in both directions noting the hills and poor visibility intersections and bearing in mind that traffic typically travels at speeds of 65-70 mph on this road. (It is presumably not economically feasible for Weld County to provide the law enforcement necessary to ensure compliance with speed limits or other traffic laws in our rural area and I do not expect this). If time permitted, I would also suggest that you drive WCR 23 and imagine dealing with truck traffic on this narrow road (it would naïve to think that the trucks would stick to prescribed routes and not use roads such as WCR 23 if they found them to be quicker and restricting the trucks to prescribed routes could not be enforced). I feel that, due to the topography, any use of this site involving high levels of truck traffic would be very dangerous. It is my hope that you will protect the residents of this area and other users of the roads in this vicinity • by not allowing this type of use at this site. Hazel Frank 1596 WCR 15 I can sit on my deck and watch (and hear) trucks racing along WCR 6 as they travel between the existing plants near Highway 85 and 1-25. I f U5r24h533- 3/8/2006 Exhibit U is oversized maps - Revised Extraction Plan, dated n 03/06/2006 - Revised Landscape, Screening and Buffering Plan, dated 03/03/2006 Please see originals in File RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD'OF COUNTY COMMISSIONERS vote against the BATCH/RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address Z-?-06) ;.! )ac4 Date Name at te Address 2.8-o6 4414 e - ��ss y � Date Name Si Address I- p ll /513 cca...e..:..,c...; . Date Na e Signatu e Address 1513 C4,166.9 t 1e 2—4 • o 2�r�>nv� pct t.e�r (4 Q'ni ,c Dettca uaca 14t.z Date Name Sign tur Address ,2-0 -v �r42,/ Date N e Signature Address a-ar-e6 We, ,�1e/a. &.mum-j QS �,t cac��,e Date /LG,f L Name /Signature Address r2/f4 /ZlJeb 4-��tDl� Lain_ /, L 2 r e Date Name S4 #it4u Addres 3 (ioial nxe ' 02*� ()/e/Ah a. J O - Ft �u� , peo/ Date Name S Address /, ►563 C owol,he but 2.-a-ca6 CIns>ia Galav;7 art3 st 4c-stair( ->r-+ \,v Oro PCO C O6al Date " Name Signature Address Lea fLecrera 4e_ Wtjvu , 1/4. Date Name Signature Address a — Y—D � � � I7- b' Caro /84� /-1-� Add l.yela .. Ca Date Name Signature Address i t t ' 02- r- 04. maAwl (lQr~pLZatia Date Name Signature Address 171 (0nelcryALit • I"CI (O 17)a-riA.Q Alt rvera- hirsa0Sf{•avtc F. Lo (24-otit co Date Name Signature Address go b?/ • - Y e / 7751 �us a., / ate Name Signature Address d d C t gaCrrttiertk4 EXHIS T (oa t RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote --' against the BATCH/RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address e1.1-o4 Gsndt„eta ACC%ant, \�}ebA.. . .w (LQ4w Ft ►4sp-tuh,Ca 9bQ7.1 Date Name Signature Address • a�Ylo %140 �lt,,ard s1 e �, �. ( ,.,,,�, cork Late, ca *% I Date Name Si ture Address MRffktj4 tchtma- n hI tdOesf St tts�z9rb` tfrnla.- r'#— 1 rr�CCZ t»6 al Date Name Signature Addres it les-btan dal) 1/1 J o 4. ni cuit lal et # ea row Date Name Signature Address 4O1 Date Name Signature Address nJ Date Name ature C7›"�"' Add ess . `` L•n /L 1,71 Car-6 1;r. tAvc. Zr $ - c V LA e_ i�.c a v+ l is An Co a oc Z Date Name S ature Address .... /r213 (skirt-atate: ate ame Sign Address tot/ } ..2 / i—.l-t k ;Lit Ao/ /7 73 lii ` ''.`K/ 'C L -- ‘ Gil'` & I6 Date Name I Signature Address 3/8/S 7-6;1Thipeno �l /in/ Fd �•d� S .@u . , a ,, 62 / Date Name Signature Addres a/F/4 £Th �q�� � ' ns31 td va. st. QG'n8 M,eatl� e nA.2....a.VYb.ltatt.Q_ rf 8a4:71 Date Name Signature Addre _1 a �� ..��rY�� //S/c .Ea/Stri sf o e s is n bs �n—t ° C, Lr4y Cd/o at'6z/ n2te Name — f Signature Address //Sid EC/Wads/ -Wog i��..a�s F,z• "N Co/o. p�� a e Name Si a re Address doh „pate Name gnature Address �- aa06 e CI 20�u t c t$e l g o kcvc Ltsr Foc-t- Ulvt"\ 0 2� RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote against the BATCH/ RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address M.o4! Tul: s S-/— W at..e•R;ttlec C�a� Date Name Signature Address Date /Im.Name Si ature Ad edr ss Cr 7 I a I-0(o ENt �, f 4f�i (07.1 Date Name r signature Address 2 /I. 0G afj ietrl' Ay'e /od••eNgee, Ar O o Ay7.Lrp412 L.k.s�062/ Date Name Signature `�� ✓ /' Address Sa.41-VG Date Name pp Signature A ess 2- -0(p Da MaoQVi P1P(lj(Q o sscx��n Date Name gnature Address p Il 3 to he) wc.j Nu-e. D-1I•0la R4c.41,6,6 beVerreYa. leatAnj19i4 - c-. u.,..04.,„-.c 4 tb6z Date Name Signature Address 6 l41 _I -o 2 Date Name Si ture Address o-". /Con /')X /921V /40 e. %,//,,/, C �ofr.,k . Dr. --krrco dt lA4 4.,p,../e,-„, c-✓. x'04-2 ( ate Name Signature ddressq, 2110C3 F5N 1' T � , M 7fn r) Date Name -'Signature Address i 1 �ti fC . . f/Uld/ Gio( ri, t ' I7JJ , urJ(o:_-_i Date ame Signature Address I 5—/1 -0L", 7/! d ��a (- 7a iOUd IIIbu L'% 0.n.¢4/ o �� r/%?.+�J�i= ',� ui9 {;ecy �co.?vJ; u. Date Name Signature ABdWss Z /1-04 Sowfrt4:--7",./.49.62._,80‘6/'` Date Name Signature Address • Date Name Signature Address -��'Q� /78'.S M4/ qva /tit .- G u)071-0.4 c.. 6.G.7f RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote against the BATCH/ RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address 2- 1.1 -a C, Li. C4.. Mac.as.s EJ.s�,,.M.e.a,Q.Qa t"ISs !TAN t a u c_ Date Name Signature Addres 1 E-t t M 2.- 11 - o� q,R-{•hvV egAve aw• dk u2 Date Name ignature Address Q/� " /�// rI 1t34 cl Ave,. —II— Olo P sctA I i Cpa.,l I ee cu. v7ctq.C..erG,/,� .4—r., F+- Lu pfv+n, CO tv4z-/ Date Name Signature Address • /&53 CeLnelint.c. CLuc • 4-11-04. 3o 6194 J• &tat, , ' 1 f-n--f &yam, co tom z/Date Name Signat Address -o /�+r�G t� � x453 Gwole�,e �jjy[ • it fo N R• i&.c Fa,- co ty@z1' Date Name S ature Address 2/7 b6. y /yam a 'en 2-P Date Name Signature Addr ss --�'// or !� *h at G Gicctc& ��'/�G /1�t°i 14,� l�c�°1� �e g06z Date Nam Signature Address 2/ -o< Oak* iktie#e es re e, JP? bflaer Date Name Sign Address It 54Cad z a.tt -(A 5\V t �Mse19 i-ug. -4-. haA 0)-0 63-1 Date Name S' a e Address //' /t./' .-e(er ,7C.,p , 8,6 ate./ Date Name Signa e Addre s 2• ll• 6__ Amvic n Y Y 'G _i/`' , . ,. p•re,"r co. 0o(,Z( Date Name Signature A4dress 2'll-0(0 I7 o Can€14.4 A Ve_ Dateail N '0 Signature Address3.r. t�� / 1'flte.r� 2-((-pip G &ella A-dam.ec- 6Co Re tai Date gg Name Signature ddress��yye(x���yy 2-t1-06 � ire aQG 'RE C,prroA"7o, SO6g j mate / Aame Si ature Address 61_,76064 ic rc'p cse . RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote against the BATCH/RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address fjC /72t_SeG,l1� � - lD.,.f r�i //4 �Aiitra.< f9-.4 tie re ea . aszczr Date Name Signature Address 0ia �� Co R U Leif t, [ Z--a c2A. ct is 4614 ate Name Signature Address 02 - !D • d C a,arIA /g • C fiats% /f a tacit ao< A:4; Date Name Signature Address -e...--- --/0-0.6 . � a APO fin..f I . p In Date Name Signature Address Date e i ra re Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address —.Date Name Signature Address RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wallenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote against the BATCH/ RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address ///l / a. , h u b. i, c. 4 ni .,0 ,,c, , '` 'b-g--k Date Name Si a ure ddr ss .��d/'�� L R l&ab Ntf+2y //We / �L itiJFi It/vPc/�, ...� � fft. 7Kp(Lc., tro Si.ea/ Date Name Signa rte e Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address ..--- Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address ..Date Name Signature Address February 1,2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co.for a permit to operate a gravel mine,concrete& asphalt batch plant,and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant,and also the drying up of the community well which supplies the residents of Wattenberg with water;also,the increase of flood possibility due to a slurry wall being implemented to help with the gravellcement processes • Safety issues concerning increased traffic on Weld County Road 6,where 18- wheelers sometimes fail to follow posted traffic signs,where travel on WCR 6 is often more than the posted 35mpb,and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air,soil,and ground water,especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: ACFI -1,'() Aut) 7[.)p4),4 /L74/1'34;6( Address: 1 -6 La'_ L13 TT C0PTM 91-6<'-I Phone#: 72L% (;P`; - 35,-/C2 ( 4. EXHIBIT t,ISQ *15'&3 February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine,concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the graveUcement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water,especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Y2",7i� ‘11' �� Name: . tL t Address: /kit/ ZC'r! ,el-e ALdj-tt e e _ I Phone#: (� : t � - M �� February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also,the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs,where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: V v a,t 7s \��2crc� eu Address: l 6,9( , r�i' - 7°6a Phone#: 303-6 3 February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravellcement plant,and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs,where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: POQIIA �0 Address: f g(O; Nary \fir , --,�t • - .,tp ��n c� ?(g2I Phone #: t� — ff�}� " f February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine,concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: .,y,51i /rise s ate_ Address: /713 tikrlirt A !! V� Phone #: 3e3 - ",-/- 3 sr _ February 1,2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: Address: /GO U slot/ 4c is Phone#: )c) 65- -" 3 6 G6 February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also,the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs,where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: u~ 114 Address: /i1, ,44t//( / i9(/C /1 / {/'rfl (de Ko(,2 / Phone #: ' )3_' ( 5 y - 2 7 7,' February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the graveUcement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, c Name: G Address: /[F• '7 G Cam,_rc ( , frtc'•( FiLL etc Phone#: .3o 3- (;3,S —Qc? t� February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs,where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: Address: ✓Y71-- ¢,JL�‘7Uc Phone#: 2 2 655 S5 $' 5' February I, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine,concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the graveUcement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also,the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: `1) Address: /9-VC/1r1i13 ut Phone #: j O1 -- S 3- 3 3 S� February 1,2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water,especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: CC, C fe2c,rtlt,tJt Address: T( (p � � e Plc. S J C_-() Phone#: S'e; 3 - 6,3 9 February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank QQyou, Name: &i/ •� Address: '7 'j Crurt 0 - -13 Bny n as goE.i)) Phone #: 30,12y- 691- O%'5 February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine,concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant,and also the drying up of the community well which supplies the residents of Wattenberg with water; also,the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: � [. ,�u cLeU Address: / /7 3 04,444_6 cs- Ctitit.e_ isitcyt, et) / Phone #: 4p:3-6!,?-24 z February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the graveUcement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you,Name: &lt'ka.-. P_G7 ' �vLt Address: I1(p v nit ot, 41—(41 • �ofib/� Co 80(92) �� Phone#: SO 6 G61- 11(a February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: C tF a nc Address: )J (r-(v/ /di u'aat-cc_ Ati (4/11 c IA N Phone #: (34)8 & -5-g i/yyc February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also,the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: /1/� lL L(' �C�?�-�' O //� ( s /Address: 7 7% -7 7-/cc' Phone#: 03 ('3`7- 7j/r/ February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: 6'� art t,-,6 / (/ . Age vw % Address: /Jl` G�'�1/k y e't- P. l-di Phone#: C 5 y • G7 February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, / Name: j, t//0 Address: /ego /u24 4y d 6Z- I Z a//0,,0 (Woe VCC Z / Phone#: . CL7 5' 9— 2 77 r February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant,and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, c Name: //227.4 't Ejlee14Y l Address: I/GI-)- /7-,e ', clue,- ti3n t1- ea c2/ Phone#: 7Q3 5.2/ ' °I'-42 February 1,2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the graveUcement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: Lam/ A.1,9414),-_,2/Li r 7 -- Address: jg-6/1 ( iifijeoti Cl,�)/Z C .j1 a-A_ C. 2 6E> Phone #: j 63/„Sc% 9c2 79 February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant,and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: c\��2( Address: 16175 Alai A-ve te. f .97r ( O ?S O Z I Phone #: 3 63 61S — I(ac-f` February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: °c16-1'h E 2n-,;,L e, 1//ct-ta- "&t./ Address: /( 3/ S{ a-_2 Phone#: 305-LS y-3 'lam 1- February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete& asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the graveUcement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the graveUcement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water,especially for the town of Wattenberg which will is in a down-flow position from the proposed plant -- • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: !� cn a ilk " `- p. Address: J j S i h tA.c-4 y - Phone#: 3C .) _ k59 J--O?/ February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine, concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also,the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6, where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, Name: GIA3v4-11,\1-tnc Address: 1'tia®Cp v (�� _SLAM) Phone #: 3 Ds tpc_r; c55'13 February 1, 2006 Dear Weld County Commissioner(s): I am writing this letter to you to express my opposition to USR-1533 regarding the application by Asphalt Paving Co. for a permit to operate a gravel mine,concrete & asphalt batch plant, and recycling plant and materials blending plant just west of the town of Wattenberg. My concerns include the following: • Water issues concerning the possibility of private wells drying up due to the water consumption of the gravel/cement plant, and also the drying up of the community well which supplies the residents of Wattenberg with water; also, the increase of flood possibility due to a slurry wall being implemented to help with the gravel/cement processes • Safety issues concerning increased traffic on Weld County Road 6,where 18- wheelers sometimes fail to follow posted traffic signs, where travel on WCR 6 is often more than the posted 35mph, and where school buses travel and use WCR 6 everyday for the transport of the local school children • Health and environmental issues concerning the toxic chemicals which will be emitted into the air, soil, and ground water, especially for the town of Wattenberg which will is in a down-flow position from the proposed plant • Refurbishment of the land, if the proposal is approved by Weld County commissioners. What will the land look like once the mining is complete? I hope that you take these concerns into consideration before your approving vote for this new plant. I only want what is best for my community and its surrounding neighbors. Thank you, L Name: 4 .� Address: Y' }C 833 1 9'� Phone#: (03-9 - a- 7 o3 I am Nancy Fidrter.I live at 8706 Weld County Rd.8,Brighton,CO 80603 This Agreement has been provided to interested parties by members of the Wattenberg Improvement%s- i,tion. The Agreement between the Walter dxng Improvement Association and Asphalt Paving Company purportedly protests Wattenberg's interests.I have highlighted or made notes in the margin which seem to me to be im pala points.It is hard to imagine how$35,000 would be an adequate amount to cover the cost of a replaoenert well and the possibility of damage to the water pipelines.There is absolutely no protection for those people veil private wet.What will happen to them when or if their wells are damaged or destroyed?The owners of Asphalt Paving have told the Planning Commission that it is not their policy to deal with private wells. In addition to the problems I see in the Agreement,there are others which should be mentioned.There is no adequate landscape plan mentioned here.Also,no weed control plan nor routine rertaval of trash and dead trees.The Perry Pit on the east side of Wattenberg,owned by Asphalt Paving,is a good example of their not being a"good neighbor•. The citizens of south Weld do not look with favor on the problems which wit be aealed by Asphalt Paving should USR 1533 be permitted.Increased noise,blowing dust,traffic,and air and ground pollution will be evident and Wattenberg will suffer the brat of it Their country life style will be heavily impacted with large piles of gravel shutting off all views of the mountains. A"Recycling Plant,Materials Blending and Import of Materials"will mean stock pies of chunks of concrete,piles of asphalt to be ground up,phi any of the materials used to nix with the aggregates used in pavement construction.This is what we will see for the twenty years of the projected use of this parcel. You are our elected Commissioners and we in south Weld hope you wi consider the fnpact on our agricultural community and support us by voting against tJSR1533.Thank you. [ g EXHIBIT LtSk *1533 AGE ! This agreement is entered into this itilday Zppobetween ASPHALT W PAVING COMPANY("APO',and the ATTENt3ERG luti'ROVEMENT ASSOCIATION, INC. ("Wattenberg") WHEREAS.APC seeks to develop and operate a sand and gravel mine to operation with concrete and asphalt plants,known as the Wattenberg West proms be lrtions of the NW'A of Serer 1 North,Range W�6*P.M Weld ki Cor . Colorado,on lands described in Exhibit A. and comprising approximately 135 acres(the"ply)'and with the Wattenberg West project.APC has filed or WHEREAS,mongotherin conjunction r 112 Construction Materials Reclamation Permit l it among with the,a DMG Regular application the Colorado Division of Minerals and Geology n a Use bySped more well permit applications with the Colorado State Engineer, Review Permit application with Weld County;and WHEREAS.APC,in conjunction with one or more water providers,will be developing water reservoirs on the site;and WHEREAS,Wattenberg is a community water provider which provides water to its customers from the Wattenberg well, Permit No. 16006-F.The well was decr the eed by the Water Court,Water Division No. 1 North,Case 878 West of the P.M.and is located d nld County (%NE IA of Section the Wattenberg �5m�Township 'replacement thereof,is hereinafter referred to as the Wattenberg Welf);and of the Wattenberg WHEREAS,Wattenberg's customers are located in the vicinity West project and WHEREAS,Wattenberg and APC are mutually interested in protecting the water supply system,including water quality,water quantity and water levels in the Wattenberg Well;and ASS,APO destr+es Vtlat the�r'9*mt drit s to rrtr►e the proper"and tmate Wistar ifiservoirs. NOW,THEREFORE,in consideration of the foregoing recitals,the mutual tion the receipt and covenants contained herein,and other good and valuable ; sufficiency of which is hereby acknowledged the .. „pse bet wet mining arid dry MOD 1. Mpnina T�n�UeS tt the instiott �at the Wattenberg West project. Dry vet occur through the use of dewatering trenches and pumps. Usshi shiny of a constructed wail ttf�2 and S(as shown on Exhibit B.) The slurry wait Mit dd0%00'04 constructed in a manner that will ensure that the reservoirs meet all Will be designed and standards the performance stndard of the Colorado State Engineer and all requirements of the Division of Minerals and Geology A slurry wall will not be installed around Mining Area i (as shown on Exhibit B.) 2. Measurement of Water Levels—Wallenberg Well and Monitor Wells APC has installed five (5)monitoring wells(the five monitoring wells and any replacements thereof are hereinafter referred to as"Monitoring Wefts')around the planned mining site in order to develop information concerning existing water levels in Said Monitoring Wells are located the area ately by h mining and tit B. oir execution of this Agreement APC shall approximately as shown in Exhrlt'rt B. Upon execution monitor the water levels in the Wattenberg Well to establish a baseline water level in the Wattenberg Well, and shall Include the Wattenberg Well as part of the to enable APC program described in paragraph 4. Alt and Wattenberg shall cooperate to conduct such measurement and monitoring of the Wattenberg Well without disruption to the Wattenberg customers. me;parties understand that upon completion ofminirtg;Reaeivd rt2 and 3w1t be used by a private or public water entity to store apprordmately 1,000 acre-feet of wafer APC agrees that its contracts and agreements with the reservoir owners will include the requirement that water levels in the Wattenberg Well and the Monitoring Wells shall continue to be measured on a monthly basis until the reservoirs"are filled, and for a period of one year She Maras have been fitted,and that APG shall be allowed access to the Monte 1►V+ for such purpose. APC shall preprint%.each monthlyreport of such measurements,setting forth water law*its'measured,-ta Wattenberg within ten days of completion of measurernents. 3. No Unreasonable Disturbance. The measurement and monitoring activities described in paragraph 2 above and the water quality testing described in paragraph 5 below shall be conducted in a manner that will not ts of cause unreasonable disturbance to the lands,wells,and/or other improvement attenberg or its customers.APC shall be respectable for any damage resulting from said measurement and monitoring activities and such water quality testing and for restoring any such damaged lands,wells, and/or other improvements as a result of APC's activities. 4. Monitoring Program. I Groundwater Elevations. In order to evaluate dewatering and slurry wall effects (including the operation of the slurry wail after mining has been completed and water is stored),APC commits to continue measurement and monitoring of the Monitoring Wefts andihe;Wattenberg Well as herein provided- Ttlevrelltrwiltbe monitored"on a monthly basis and results ofirre'inontioring effwt vats subttittarftoitie DMG and Wattenberg aidng-wtth carer annual.reporting rethrheuntffi. Collected baseline data(data collected prior to mining below the groundwater table or installation of a slurry wall) is expected to 9 provide a range of relative water levels associated with pre-mining groundwater , nit.) • conditions. APC believes,based on data collected to date from the Monitoring Wens, ✓,�J' the typical alluvial groundwater elevations along the South Platte River near the site tend -2- '( c to fluctuate between two and four feet each year, being highest hi the summer and lowest in the winter and early spring. With the baseline information established, monitoring data collected during f mining and reclamation activities eel be used to identify potential groundwater effects during dewatering and installation of the slurry wails. Data collected during and after the reservoirs are filled will identify potential groundwater effects from storage of water in the reservoirs. Monitoring data collected during the mining and reclamation activities, and � a during and after the time the reservoirs are filled,will be evaluated and compared to the established baseline data lithe groundvagar elevatitertelbeifthaterthem Well xt. wr-CL. increases or decreases by two(2)or mom feet bout tiettietisonat range,and the t z measured elevaboft s conSiatent with meter elevation trends at one or mom of U the other wells on site,the DMG and Wattenberg wilt be notif f within seven(7)days. After the DMG and Wallenberg have been notified,APC will review data from all the Monitoring Wells and the Wattenberg Well and submit a report to the DMG,with a to win copy to Wattenberg,within thin (30)days. Changes in measured groundwater 4 '(t it `Vvi elevations will be evaluafeabaseaon groundwater fluctuations and changes in i ,o �y i cyy i non-project related local conditions i ciuding precipitation, river flows.and land use. The C}?' report will present results of the evaluation and identify any potential impacts associated '4Gti0� with the change. Mitigation of potential impacts caused by changing groundwater elevations will be addressed based upon the specific location and nature of the impact. If APC's activities such as dewratering,installation of the slurry wall, or other mining or reclamation activities, or if storage of water in the reservoirs,changes the groundwater elevation which may create adverse impacts to adjacent properties or the Wattenberg Well, and the measured elevation Is consistent with groundwater elevation trends at one ' C�"� 7 r more of the other APC Monitoring Wells or any other wells on the property,the 1H vv.IAadjacent property owners and Wattenberg will be notified and the impacts will be 4W-d--- to the satisfaction oflit DMG and impacts to the Wattenberg Well will be addressed to the satisfaction of Wattenberg as well. APC will coordinate and cooperate with Aggregate Industries or its successors and Wattenberg in such an evaluation. Wafer Q v. The parties agree that quarterly tests of the quality of untreated water in the Wattenberg Well will be conducted at APC's cost prior to installation of the slurry wall,and baseline parameters will be obtained for nitrates,turbidity,total suspended solids, total dissolved solids,and hardness_ Prior to completion of the slurry wall, descriptive statistics such as mean, median and standard deviation acceptable to both parties will be developed for each parameter based on the quarterly testing. When the data has been obtained for at least one year, and the descriptive statistics compiled,the parties will agree upon appropriate mitigation triggers based on deviations from the baseline data. The quality of untreated water in the Wattenberg Well will be tested for the same parameters quarterly at APC's cost following commencement of construction of the slurry wall, and the mitigation triggers will be applied to determine If quality degradation has occurred. -3- N • -r. If. following completion of the slurry wall, no quality degradation in such parameters is shown during two consecutive quarters, quality testing will be undertaken 7 at AFC's cost at six-month intervals. if no quality degradation in the parameters tested is demonstrated for a period of two years following commencement of the six-month testing intervals, APC shall not be required to undertake any further water quality testing, �� .4.,.P unless the slurry wall develops a leak or is otherwise compromised, in which case quarterly testing will be resumed and the above-described quality testing process and schedule will be re-commenced. APC will evaluate the water quality data obtained pursuant to the above- described testing process, investigate causes of any {tiga quality degradation, prepare a report and submit a copy to Wattenberg and DMG within 30 days of obtaining the quality data. The report will present results of the water quality evaluation, identify any activities or conditions associated with the change in quality, and set forth plans for mitigation of any adverse impacts caused by APC. Mitigation must be addressed to the satisfaction of DMG and Wattenberg. 5_ Mitigation Program. If dewatering of the Wattenberg West project or installation of the slurry wall or mining activities or storage in the reservoirs creates injuries to the Wattenberg Well, APC will take all necessary actions to remedy the injuries. Injuries may include, but are not limited to, inability to obtain the needed water i. supply from the Wattenberg Well,adverse effect on rate of recovery of the Wattenberg Well, increased pumping costs,water quality degradation, increased costs of operation, 7' maintenance, repair or replacement of the existing reverse osmosis filtration system, or any other injury to Wattenberg's decreed water rights due to installation of the slurry wall or dewatering at the Wattenberg West site by APC, or mining activities or storage of /-}1 i water in the reservoirs. If such injury occurs, APC will promptly implement one or more /14- - F of the following mitigation measures which may include, but are not limited to: l��' cc<,7 isitif, a_ Modification of the existi Wattenng berg Well fo operate under lower 0 groundwater conditions. This may include additional drilling of the existing Wattenberg 1 Well to deeper depths, or lowering the pump. All work will be done at APC's expense. VY __cif' , , + b_ If the existing Wattenberg Well cannot be repaired or modified to enable it ,-, to operate under changed groundwater conditions, APC will drill a new well at APC's ;_ l -'-4 sole expense for Wattenberg to replace the damaged well. The new well will produce water of the same quantity and quality to support its decreed use. The design of any r.new well will be comparable to the existing well_ itai./"'6`�-`" i.- Provision of an alternative source of water to support the decreed water foa fev:d2C, use. �1PIP Additionally, installation of the slurrydeemed mounding or Q . shadowing impacts affecting the Wattenberg Well if two consecutive monthly measurements of water level in the Wattenberg Well show a water level increase or decrease of a₹least 2 feet, and in the event of such water level increase or decrease, APC will take appropriate corrective action, Mitigation measures may include, but are not limited to: -4- t. ,^ } a. Pumping from mounding areas or mine dewatering operations to recharge ponds in shadowing area b. Installing surface or underground drain systems to transport groundwater from mounding areas to shadowing areas c Diverting surface water flows to recharge ponds in shadowing areas Finally, if installation or presenoa`cithe slurry wall or mining operations adversely affects the quality of water in the W attenbet-Wel.:f SRC will take appropriate corrective action,which may include installation of addonsl5-on the well, additional water 4,4?, treatment methodologies or facilities, or payment erNattenberg's increased operation, ant, repair or replacement costs resulting torn such quality impact. including any increased costs that may be*wined by Wattenberg in connection with operating and maintaining its reverse osmosis water treatment system,and discharge of the resulting effluent into the South Platte River in accordance with its discharge permit. Wattenberg may invoke the provisions of paragraph 4 and this paragraph 5 as often as may be necessary to protect its well and water rights. APC will attempt to . coordinate with Aggregate industries in such mitigation plans, but cooperation of Aggregate is not a condition precedent for the performance of APC described herein. 6. Escrow Account. The parties recognize that some impacts may require immediatda emergency mitigation, for example, a total failure of the Wattenberg Well. Therefore, prior to commencement of any construction or mining activities on the l property,APC will establish an escrow nL Q an escrow agent reasonably r acceptable to both parties in the amount $35,000, the primary purpose of providing f immediately-available funds to allow imm mitigation to be undertaken without awaiting a determination of responsibility for the impact. Upon occurrence of I such an event,Watternay, upon written request to the escrow agent,withdraw • c.,-,.iii ? i some or all of the funds in the escrow account in order to provide for immediate . I . 7 emergency mitigation, such as a i for water deliveries nother source.�" Should it be determined that the event requ nng emergency mitigation is an event fore '-\Aesor which APC is responsible,APC will,within thirty (30)days of determination that the ' t If-1 event is a_j_e_Atatior which APC is resjnsibie, replace in the escrow account the 1);;(,,„ A 1l• amount expended for such emergency mitigation, y th a rriud�nuu escrow account ]'` balance of$35,000. Should it be determined that the event requiring emergency 1 mitigation is not an event r whr A C is responsible, Wattenberg will reimburse to the escrow account the amount withdrawn for such emergency mitiga lion within thirty(3b) days of determination that the event is an event for which Wattenberg is responsible- . Wattenberg may also make withdrawals from the escrow account upon written request to the escrow agent if mitigation required by paragraphs 4 and 5, or water main repairs required as provided in paragraph 7 below, are not undertaken and completed within a reasonable time, in Wattenberg's reasonable judgment- In such event,APC will, within thirty (30)days of the escrow account withdrawal,replace in the escrow account i /174 i -5- t I i the amount expended for such mitigation, up to a maximum escrow account balance of $35,000. tokAt 1,24& } If Wattenberg is required to reimburse the escrow account as set forth above, and fails to do so within the thirty(30)day period provided for such reimbursement, the amount owed by Wattenberg to the escrow account will bear interest at the annual rate t/fr ii applica eb-o �eescrow account on the date that reimbursement was due, and said interest shall be paid or credited to APC. Furthermore, the parties recognize that increased truck traffic is likely to occur on WCR 6, as a result of APC's activities and mining activities of others in the vicinity, and that this increased traffic may increase the lkelihood of a water main break on • /P Wattenberg's water main located in the WCR L ' C. the event o a main brea on said water main, it me resp e that in 1 The parties therefore agree that Wattenberg may withdraw funds fromhe e escrow lily. account upon written request to the escrow agent in an amount necessary to repair any such main break, without the need to first determine responsibility for the break. If the main break can reasonabi be demonstrated to have been caused by the activities of A:�t' its contractors, agents or employees, APC will rush the escrow account by the amount withdrawn to repair such main break. However, if the main break cannot be J. reasonably demonsti cited to have been caused by the activities of APC or its contractors, agents, or employees,APC will not be required to replenish the escrow account by the amount withdrawn for such repairs. in such event,Wattenberg will reimbu cc xint b such irs within thirty days 30) of the date on which it is determined that the main break cannot reasonably demonstrated to have been caused by the activities of APC, its contractors, agents, or employees. if Wattenberg does not reimburse the unt within said 30-day period, the a unt owed to the escrow account will r interes as described above. Fees and costs associated with the escrow account shalt be paid by APC. 7. Acneqs to Mining Operations. APC acknowledges that oversized commercial vehicles and heavy equipment associated with its operations at the Wattenberg West project will utilize only WCR 6 adjacent to the town, and agrees to work with Weld County Public Worfcs to ensure that appropriate safety measures are installed. APC agrees that any damage to Wattenberg property, including but not limited L to damage to water mains located adjacent to WCR 6, caused by APC vehicles or heavy equipment,will be the sole responsibility of APC and will be fixed in a timely and efficient manner to the satisfaction of Wattenberg. 8 Conveyance of 8.88 Acre Buffer Parcel and Irrigation of Buffer Parcel. • APC is the owner of an 8.88 acre parcel of land located adjacent to and west of /i +he- Wattenberg,within the NE 11 of To Range 67 West, 6th P M., • also known as Weld Coun � '` Number 146925100028) APC agrees to deed this parcel to Wattenberg at no additional consideration alter approval of the Colorado Department of Minerals and Geology Application for Construction Materials Regular 112 Permit, application number M-2005-066, or any amended or replacement application thereof, and the Application for Weld County Use by Special Review(USR) Permit for a f r t Mineral Extraction and Processing, application number USR-1533, or any amended or replacement application thereof, and on or before the commencement date of mining activity. The deed of the parcel to Wattenberg shall convey the parcel to Wattenberg to be used for civic or community purposes, including but not limited to a community park, recreation center, meeting rooms,grater system infrastructure(such as wells, water treatment facilities and tanks), and wastewater system infrastructure, but not for4 - 714 commercial development or residential purposes. AlsC will use best efforts to assist Wa a oe in o aining irrigation water, a no cost to Wattenberg;in-the amount, at the times, and at the location necessary to enable Wattenberg to reasonably irrigate the parcel for public park, playing field,for other community purposes_ In particular APC will negotiate for such irrigation water on behalf of Wattenberg with the party or parties (expected to be a municipal water provider)who will develop APC's property following completion of mni , 9_ Mosquito Control: Dust Control;Noise.Wet mining activities of APC and post-mining construction and completion of reservoirs at the mining site may increase the mosquito population in and around the Wattenberg community. APC agrees that it will engage in mosquito population control, at its expense, in and around '• the mining site and proposed or constructed reservoirs in and around the mining site_ Wattenberg agrees to cooperate with APC to allow it to implement the necessary safeguards_ APC, at its expense, will comply with all requirements imposed by federal, state cizrezo or local laws, regulations or permits regarding dust suppression, and noise restrictions and, in addition to any such requirements, will take reasonable steps to assure that dust is reasonably suppressed in and adjacent to the Wattenberg community, and that noise -1`6 from APC's operations is reasonably minimized after 5:00 p.m and on weekends and ei' _ " 7 holidays recognized by the United States government. APC's noise reduction efforts shall include, but not necessarily be limited to,installation of a 6— 10 foot high berm on the eastern property line of the southern parcel of the property, and planting and { maintenance of trees on or adjacent to the berm. In addition, representatives of APC will meet with Wattenberg's board or designated representatives at bast quarterly, or more frequently as reasonably requested by Wattenberg to advise Wattenberg of its mining plans for the upcoming quarter, or more frequently as reasonably requested by Wattenberg including asiymticipated nor httime, weekend or holiday operations, and the e expected location, nature and duration of such operations_ r 10. PendingApealications to be Consistent with this Agreement. APC agrees r that its pending DMG 112 Permit and any applications that have been or may be filed for !' a Use by Special Review with Weld County are or will be consistent with this Agreement, and will recognize the terms and conditions of this Agreement, and will not contain terms or conditions inconsistent with this Agreement ARC agrees that any well permit or replacement permit issued to it by the Colorado State Engineer's office shall recognize the terms and conditions of this Agreement and will not contain terms or conditions inconsistent with this Agreement. 1iVttten to file any ob ctiorrs to any ajEiications filed with the MG or Weld Coun related to th ttenbe es -e site, pro ed that such applications are consistent with this Agreement Wattenberg agrees not to object to a well permit or any replacement thereof issued for the 7 t Wattenberg West project, provided that such permit is consistent with and will incorporate this Agreement, and any well drilled under the permit is located more than 600'from the Wattenberg Well,with the exception of a well permit for a gravel pit that exposes groundwater to evaporation as required under the provision of C.R.S. §37 90- . 107(6)or C.R S §37-90-137(11). 11. Termination. This Agreement shalt terminate immediately in the event that either APC's reclamation permit application or its Use by Special Review application has been finally denied, and no further appeal is available to APC, or upon occurrence of the latest to occur of the following conditions: (1)expiration of the reclamation permit described in the Wattenberg West project's DMG permit, or any extension or renewal thereof, or any subsequent permit for the Wallenberg West project,without commencement of mining activities; or(2)one year following completion of all mining and reclamation activities at the Wattenberg West project and the DMG's release o€all r. bonds related to the Wattenberg West project, provided however that a period of at least 6 months of no de-watering has elapsed immediately prior to the termination, and further provided, that at the time of termination, any agreement between APC and any other party to provide any portion of the Wattenberg West project for water storage has been terminated; or(3) one year following storage of water to the full storage capacity of the Wattenberg West reservoirs_ if termination occurs as a result of condition (2) but there has not been a period of at least 6 months of no de-watering immediately prior to such condition, then this Agreement shall remain in effect until such a 6-month period has elapsed. If termination occurs as a result of condition (3), APC agrees to inform the purchaser of the reservoirs of this Agreement and facilitate negotiations between Wattenberg and such purchaser for continued monitoring and injury prevention mechanisms, 12,. Effective Date. This Agreement shall become effective upon execution by both parties. 13 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any litigation regarding this Agreement shall be Weld County, Colorado. 14. Notices. Any notice or other communication required hereunder shall be in writing and shall be deemed effective upon personal delivery or within three days of the date on which such notice communication is sent by certified or registered U.S. mail, `i postage prepaid, return receipt requested, to the other party at the address set forth ,. below that party's signature hereon. Either party may change the place for serving of such notice or communication by giving the other party at least ten days prior written • • notice in the manner provided in this paragraph. Upon execution of this Agreement, each party shall provide to the other the name, address,telephone number and email address of a contact person with whom the other party may address any matters concerning this agreement Each party's contact person shall be reasonably available during regular business hours_ In the event a party's contact person, or any information regarding the contact person, changes, that party shall promptly provide revised Information 4/14 -8- 15 Binding Effect This Agreement shall bind and benefit the parties hereto and their heirs,successors, and/or assigns. APC shall continue to be responsible for the obligations herein set forth notwithstanding any transfer or conveyance of all or any portion of the Wattenberg West project,or any real property associated therewith. Any deeds, contracts, or other agreements regarding transfer or use of the Wattenberg West site(including any agreements regarding development of storage facilities at the site) shall provide notice of and agreement to APC's continuing responsibilities hereunder. IN/pmectoryffNESS WHERE the parties have executed this Agreement this day of z t ASPHALT PAVING COMPANY attn: Jeffrey W. Keller, President • 14802 W. 44th Avenue Golden, CO 80403 By: �._ _ . Ji�t, . Data: PA/ .4—, P t Attested to by: '— t Title: CJ_ `�.-...e le— STATE OF COLORADO ) COUNTY oy ) 11 lilt The foregoi ' s ment was ac(Sno �d, ed eiare me this &LP''day of ri&g 1tth/ 2005, b . i Witness my hand and official seal MD........1,,ion expires: 7'v'�`i O9 _4. ....Fq ,, • Not ry Public • lid I 4 r �'•,A MyCorivrissimEl NCOMM -9- 'f WATTENBEG IMPROVEMENT ASSOCIATION attn: Frank Galicia, President • 1924 Caroline Avenue Fort Lupton, CO 80621 By. Frank Galicia, President DVe3/0704 Attest S Date Secretary STATE OF COLORADO ) Ss. COUNTY OF ) -. The foregoing instrument yps acknowledged before me this�day of \ r\ cc r 200bJ by --!'a.vx k (-ie.\ i CA-4k_ Witness my hand and official seal My commission expires: .D-11O1O1 f Notary Public } -10- EXHIBIT A Legal Description of Subject Property Lot B of Recorded Exemption No. RE-3007 (1469-25-2-RE-3007), recorded at Reception Number 2859529 on June 22, 2001, being a portion of the North 1/2 of the Northwest% Section 25, Township 1 North, Range 67 West, 6th Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000020; and South '/2 of the Northwest% Section 25, Township 1 North, Range 67 West, 6th Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000002. !�C! I am Nancy Fichter and I live at 8706 Weld County Rd. 8, Brighton, CO 80603. The following documents list materials used in concrete and asphalt batch plants, recycling plants, materials blending and importing of materials and gravel mining and their associated hazards. We in south Weld are very concerned about the pollutants and hazardous emissions should this USR 1533 be approved. Will there be frequent and careful checks for these emissions? At the very least, there will be a lot of diesel fumes from the seventy trucks owned by Asphalt Paving as well as the other trucks which may enter the site. During working hours, trucks on site will be entering, loading, weighing and leaving, all the while emitting diesel exhaust which is very toxic. There are numbers of health problems associated with fugitive dust, silicate, asphalt additives, heavy metals and organic chemicals all associated with the asphalt plants. There are almost 2000 dangerous chemicals in asphalt fume. The. waste and byproduct materials used in pavement construction are truly amazing. A few samples of such products are sludge, waste glass, scrap tires, reclaimed asphalt and concrete, roofing shingle scrap, coal bottom ash, cement kiln dust and sulfate wastes, to mention a few. Noise associated with the mixing, grinding and truck traffic is another health factor resulting in the general reduction in the -- quality of life. " Public health officials in Boston found that the construction of an asphalt batch plant caused a relatively high incidence of asthma and cardiovascular disease and a decision was made to try to locate the plant elsewhere." Asphalt plants use several fuels, including waste oils, to fire the burner. Another problem here is leaking storage tanks leading to soil and water contamination. A study of the attached documents can only lead one to believe that USR 1533 poses a threat to the community of Wattenberg and the surrounding homes and farms as well. Wattenberg has been here for one hundred years and several generations of some families still reside there. Their life style will be negatively changed by such an intrusive neighbor over such a lengthy period of time. We hope that you Commissioners will see that this is not a suitable business in an agricultural zone, to be located so near to Wattenberg and on a busy and dangerous road where ten deaths have occurred in the past few years. Thank you. = EXHIBIT Y i.tsx-t E533 / Small Business Assistance Program N G Colorado Department of Public Health and Environment http://www.cdphe.state.co.us/ap/sbap.asp An Overview of Colorado Air Regulations for: Surface Mining Operations, Concrete Batch'Plants & Hot Mix Asphalt Plants Surface mining operations in Colorado, including sand and gravel pits, borrow pits, and quarries, as well as concrete batching operations and hat mix asphalt plants, release air pollutants that are regulated by the Air Pollution Control Division (Division) at the Colorado Department of Public Health and Environment. This document provides an overview of the air pollution reporting and permitting requirements that apply to these operations. Pat 44 it's*fi WHAT AREA IS MY BUSINESS IN? (?O111G211' 1 Air emission re orting and permitting requirements in Colorado vary based on whether a business is located "" in an attainmen attainment maintenance"area or a"nonattainment"area of Colorado. In general, air ,yt4/regulations are moFe stringent of itonattainment"areas because these areas exceed the National Ambient Air Quality Standards for regulated pollutants. The Small Business Assistance Program (303-692-3150) can assist you in determining which area your business is located in. `PR i lx AIR POLLUTANTS The Air Pollution Control Division regulates two types of air pollutants: criteria and non-criteria pollutants. Criteria pollutantsiinclude particulate matter, carbon monoxide nitrogen oxides, sulfur dioxide, and volatile organic compounds (VOCs), amont, other pollutants.( on-criteria pollutantsliuchtde a list of over 188 chemicals listed in Colorado Reguktion No. 3, A endix B. Surface mining operations, concrete batch plants, and hot mix asphalt plants commonly emit particulate matter, including total suspended particulates [TSP] and particulates with a diameter of 10 microns or less [PM 10]. Particulate matter is emitted from processes such as conveying, screening, crushing, s� t oc p g, storing, and hauling materials. Dryers tired with natural gas, oil, propane, or diesel, may also emit TSP, PM 10, carbon monoxide and nitrogen oxides. Dryers may emit VOCs or sulfur oxides depending on the type of fuel used. AIR EMISSION REPORTING AND PERMITTING REQUIREMENTS In Colorado, obtaining an air permitiis a two-step process. The first step is to report your air emissions through the submission of an Air Pollution Emission Notice(APEN) to the Division. For businesses with Colorado Small Business Assistance Program Page I of 8 BREDL Clean Air Campaign Page 1 of 9 Home Campaigns Alerts News Chapters Links About Sean BLUE RIDGE ENVIRONMENTAL Clean Air DEFENSE LEAGUE ASPHALT PLANTS BREDL Comments on Tar Heel Paving Draft Permit March 12, 2001 Dr. Ernest Fuller Division of Air Quality, Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Re: Tar Heel Paving, DRAFT Permit No. 08977R00 Dear Dr. Fuller: I write to comment on the draft permit for Tar Heel Paving in Henderson County. Based our analysis and research done by experts in asphalt plant air pollution, we recommend denial of this permit. Further, we recommend that a statewide epidemiological study be undertaken by the DAQ so that we may better determine the health effects of human exposure to asphalt fumes. Also, we recommend that DAQ develop and implement noise pollution control measures for all asphalt plants.LBased on our experience working with residents living near asphalt plants, we must conclude that the skin rashes, difficulty breathing, asthma, hypertension, and cancer clusters associated with living near these plants constitute a public health problem of unknown L It is hard to believe that all these problems are due solely to careless plant operators who lack concern for their neighbors. Rather, it is the responsibility of the state agencies charged with protecting public health to take action to reduce known sources of http://www.bredl.org/air/tarhee1031201.htm 1/16/2006 BREDL Clean Air Campaign Page 2 of 9 death and disease. General Comments Asphalt cement additives, higher operating temperatures at small plants, and use of recycled asphalt paving cause increases in toxic emissions. These variables are not accounted for in the PA emissions data which is used to permit asphalt plants. Further, the state persists in utilizing inappropriate smokestack models to predict ambient fugitive emission levels. The asphalt paving industry has dozens of diluents and modifiers which are used to alter asphalt properties. These additives include plastic/rubber, rejuvenating oils, anti-stripping agents, extenders and anti-oxidants. . These additives change the volatility of the hot mix asphalt product. These substances are added in significant amounts: from one to several percent by weight of the asphalt. It is important to note that the recommended amount of additive exceeds the typical volatiles content. According to experts, these additives alter the vapor pressure of the asphalt by increasing the volatility of some of the lighter components which otherwise might not have volatilized in the temperature range of 275 to 375 degrees-F. EPA estimates of volatiles content are based on asphalt cement without additives and may bear little relation to the emissions from asphalt paving practices in North Carolina. Another factor which increases asphalt fume emissions is operating temperature. Emissions increase exponentially with temperature. State highway departments specify minimum and a maximum temperature for HMA when delivered to the job site where the pavement is being installed, typically 275 to 325 degrees-F. Obviously, the actual temperature of the asphalt loaded into a truck is h Such restrictions do not apply to HMA for non-state supervised jobs. Further, private contractors will demand a higher temperature at load-out since a smaller mass of HMA will cool faster in smaller trucks http://www.bredl.org/air/tarhee1031201.htm 1/16/2006 BREDL Clean Air Campaign Page 3 of 9 When a plant switches from one hot mix formula to another emissions may increase. For example, a plant using recycled asphalt pavement (RAP) has a higher operating temperature to provide extra heat to evaporate water associated with RAP, since RAP is stored in the open. Switching to a formula without RAP, the plant load-out will emit a higher level of organics because of overheating. Examples of this exist in the data collected by the EPA at Plant C, a drum mix plant, where emissions increased by a factor of 2 to 3 over a 40 minute period. Episodes of high emissions caused by variations such as high temperatures are missed by the total reliance on averages of data collected under ideal test conditions. The table below shows the effect of different volatile contents and operating temperatures on emissions. Load Out Emissions EPA CITIZENS (a) (c) (d) Total Particulate Matter 104 515 Organic Particulate Matter 68 478 Total Organic Compounds (Method 25A) 832 5,836 Carbon Monoxide 270 1,893 Silo filling emissions (b) Total Particulate Matter 117 423 Organic Particulate Matter 51 356 Total Organic Compounds (Method 25A) 2,437 17,100 Carbon Monoxide 236 1,656 a) Load-out emissions for both batch and drum plants - See AP-42, Table 11. 1-14 (b) Load-out emissions for plants with silo storage- mainly, but not exclusively, drum plants. See AP-42, Table 11.1-14 http://www.bredl.org/air/tarhee1031201.htm 1/16/2006 BREDL Clean Air Campaign Page 4 of 9 (c) EPA estimates for drum plant in lb/200,000 tons of HMA. Volatility of 0.5%, 325 degrees-F (d) Citizen estimates for drum plant in lb/200,000 tons of HMA. Volatility of 1.0%, 375 degrees-F The report (Attachment A) issued by citizens groups after the issuance of EPA's fugitive emissions test results states: It can be seen that the emissions calculated by using EPA-derived equations, particularly emissions of noxious organic compounds, increase by over 600% under conditions of higher operating temperature and volatility contents. Both the EPA and the Citizen numbers would increased by another 20 to 30% to compensate for the low bias introduced by the "background correction" and "Method 204", discussed later in this report. Finally, it should be noted that although the numbers in Table 1 are shown on an annual basis to help compare them to Table 1 in the Executive Summary of the Emission Assessment Report, the citizens are aware that actual annual emissions will be lower since a plant will not always operate with an asphalt with a high volatiles content at high temperatures. On the other hand, the table clearly shows the type of variation in emissions that is likely to occur under such conditions with its acute effects on nearby residents. Minority Report on Emissions from Asphalt Plants, January 29, 2001, page 8 ased on reports from residents in communities with operating asphalt plants, we believe that periods of high emissions are frequent. Further, the public health impacts of these emissions are more significant since asphalt plants in unzoned communities are located http://www.bredl.org/air/tarhee1031201.htm 1/16/2006 BREDL Clean Air Campaign Page 5 of 9 closer to residential areas and small operators, such as John Pace Enterprises, are more likely to demand hotter asphalt. These emissions data are even more significant in light of the already high levels of PM-10, carbon monoxide, and benzene emissions indicated by the DAQ's analysis of Tar Heel Paving. Finally, the DAQ's use of computerized screening models for toxic, ground level (fugitive) emissions remains troublesome because such dispersion models do not apply within the atmospheric boundary layer, a distance of 30 feet from the ground where frictional effects predominate (see Attachment B, Affidavit of Dr. R. Nadkarni). This means that the use of such models for fugitive emissions will predict more dispersion and lower pollutant levels than will actually occur. North Carolina's acceptable ambient limits for toxics are designed to protect human health, but the use of the dispersion model in this case predicts the wrong ambient level. Other air dispersion studies, based on average factors from EPA's AP-42, show that ambient air quality standards are often exceeded for arsenic, cadmium and other heavy metals and for organic chemicals such as benzene and formaldehyde/ ith almost 2,000 danserous chemicals in asphalt fume, it is important that the decision to build an asphalt plant in a populated valley prone to inversions not be based on a model which was developed solely for smokestack emissions, not boundary layer fugitive emissions. Because of the DAQ's persistent and inappropriate use of screen models for fugitive emissions, we have little confidence in the draft permit's ability to protect public health at this site. Specific Comments 1) The permit will not control odorous emissions Under Specific Conditions and Limitations, the draft permit states, As required by 15A NCAC 2D .0522 "Control and Prohibition of Odorous Emissions," the Permittee shall not cause, allow, or permit any source to be operated without employing suitable measures for the control of http://www.bredl.org/air/tarhee1031201.htm 1/16/2006 BREDL Clean Air Campaign Page 6 of 9 nuisance odors. .-- State law prohibits operation of a plant without suitable measures to control odorous emissions. The stated purpose of 2D .0522 is "to provide for the control and prohibition of odorous emissions." [2D .0522 (a)]. It states further that, "This regulation shall apply to all operations that produce odorous emissions." [2D .0522 (b)] (emphases added). Also, the DAQ Permit Review states that, "No facility shall emit odorous emissions without suitable control measures." However, no specific measures for the control of odor are listed. As written, this draft permit fails to stipulate measures for the control of odor. Further, the Division has no objective means to determine if the plant is in compliance with permit requirements and the law. As a practical matter, the DAQ inspector who might respond to a plant neighbor's complaint about odor would have no means of enforcing this regulation. This is an omission which must be corrected before any air permit is issued. 2) Air pollution is underestimated The draft permit lists regulated emission sources ES-1 aggregate dryer; ES-2, ES-3, and ES-4 three 100-ton storage silos; and ES-5, ES-6, and ES-7 gravity-drop truck-loadouts. An attachment to the permit also lists Activities Exempted from Permitting Under 15A NCAC 2Q .0102. The officially exempted sources include: 1) a No.2 fuel oil fired asphalt tank heater ES-8, and 2) two 30,000 gallon fuel oil storage tanks ES-9 and ES-10. The attachment acknowledges that the asphalt tank heater and the storage tanks are sources of toxic air pollutants and Title V criteria pollutants.\Omitted from the permit exemption list are: 1) mobile sources of diesel exhaust, 2) material andling and road dust, and 3) fugitive emissions from loaded trucks rior to departure to the job site. A recent EPA report lists all the above sources with corresponding emissions of criteria pollutants and hazardous air pollutants. I have attached Table 2 from the December 2000 EPA Hot Mix Asphalt Plants Emission Assessment Report to these remarks. The DAQ's omission of so many known air pollution sources from the permit should be corrected. The true total http://www.bredl.org/air/tarhee1031201.htm 1/16/2006 BREDL Clean Air Campaign Page 7 of 9 of toxic air emissions should be included in the determination of whether the plant meets the required acceptable ambient limits. 3) Air Inversions and Pollution Trapping Topography in area of Henderson County near the proposed asphalt fry�yt,,,J plant site ranges from about 2060 to 2600 feet amsi (Attachment C). 1 An aerial photograph taken over Henderson County (Attachment D) reveals a surface inversion at about 150 feet above the ground. High W altitude cloud cover was present on that day and is shown in the photo. Cloud cover reduces sunlight and heating of the surface which is the major way for such inversions to be broken. Such conditions could cause this inversion could persist into the evening hours, and into the next day. This is, perhaps, the worst case scenario for air pa valley in the valley along Muddy Creek. The inversion traps the air from above, and hills and mountains (Attachment E) trap it laterally. These conditions are akin to an automobile with the engine running in a room with the doors and windows closed. No screening model used by North Carolina is conservative enough to account for these circumstances. 4) Noise Pollution is an Uncontrolled Threat to Public Health The problem with noise is that it negatively affects human health and well-being. Problems related to noise include hearing loss, stress, high blood pressure, sleep loss, distraction and lost productivity, and a eneral reduction in the quality of life. While I can find no applicab e state statute or rule which applies to asphalt plant noise, the close proximity to residential areas in which the Tar Heel Paving plant would operate requires an assessment of noise impact on plant neighbors. The relevant example here would be the Rhodes Brothers Paving plant in Macon County which began operation in May 1999. Since the plant commenced operation, residents have reported effects associated with excess noise including hypertension and anxiety. In a letter to Macon County on December 22, 1999 (Attachment F), State Health Director Dennis McBride states, "OEE is concerned that chronic exposure to noise, a stressor, emanating from the Rhodes http://www.bredl.org/air/tarhee1031201.htm 1/16/2006 BREDL Clean Air Campaign Page 8 of 9 Brothers Asphalt Plant may have a negative impact on the health of he Cullasaja community over a long-term period." If the Division of Air Quality proposes to issue a permit for a plant which would create noise levels high enough to damage public health, it must take steps to ensure that the residents are protected. It would be an inadequate response to pass this off because noise is not a chemical compound. According to NC Occupational and Environmental Epidemiology Branch, the Rhodes Brothers plant created noise levels of 66-70 dBA. Dr. McBride stated that this exceeds the levels specified by some local ordinances and the EPA. The Commonwealth of Massachusetts Division of Air Quality Control Policy states: "A source of sound will be considered to be violating the Department's noise regulation (310 CMR 7. 10) if the source: Increases the broadband sound level by more than 10 dB(A) above ambient, or Produces a "pure tone" condition - when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more. These criteria are measured both at the property line and at the nearest inhabited residence. Ambient is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment operating hours. The ambient may also be established by other means with the consent of the Department. North Carolina does not expect local governments to adopt toxic air pollution rules; neither should the state expect them to control noise pollution from industrial plants permitted by the Division of Air Quality. Thank you for considering these remarks. http://www.bredl.org/air/tarhee1031201.htm 1/16/2006 Portland Cement(Total Dust) Page 1 of 2 OSHA Occupational Safety Ft Health Administration Home U.S. Department of Labor / Index Search Chemical Sampling Information Portland Cement (Total Dust) Field Definitions I Chemical Sampling Information - Table of Contents Analytical Methods Health Guidelines General Description NAME: Portland Cement (Total Dust) SYNONYM(s): Hydraulic cement; Cement; various trademark names are used; Portland Cement (less than 1% Crystalline Silica) prior to 9/1/89 IMIS: 0577 CAS: 65997-15-1 NIOSH: RTECS W8770000 DESCRIPTION: Fine grey powder used for the manufacture of concrete. MW: Variable VP: approx. 0 mm INCOM: None hazardous Exposure Limits OSHA GENERAL INDUSTRY PEL: 50 mppcf (Silicates) (Z-3) OSHA CONSTRUCTION INDUSTRY PEL: 50 mppcf (Mineral Dusts Table) ACGIH TLV: 10 mg/m3 TWA; The value is for particulate matter http://www.osha.gov/dts/chemicalsampling/data/CH_263800.html 1/12/2006 y Portland Cement(Total Dust) Page 2 of 2 containing no asbestos and <1% crystalline silica. NIOSH REL: 10 mg/m3 TWA Health Factors SYMPTOM(s): Eye, nose irritation; coughing, expectoration; exertional dyspnea, wheezing, chronic bronchitis; dermatitis HEALTH EFFECTS: Nuisance particulate (HE19) If quartz content is less than 1%. Irritation-Eye, Nose---Mild (HE16) ORGAN: Respiratory system, eyes, skin Monitoring PRIMARY SAMPLING/ANALYTICAL METHOD (SLC1): MEDIA: Tared Low Ash Polyvinyl Chloride (LAPVC) filter 5 microns MAX V: 240 Liters MAX F: 1.0 L/min ANL 1: Gravimetric analysis followed by X-ray Diffraction REF: 11, 12, 2 (OSHA ID-207) CLASS: Fully Validated NOTE: Gravimetric analysis is field method for determining compliance with Portland Cement (Total Dust) standard. Confirmation of Portland Cement is performed using method ID-207. Submit samples to SLTC if gravimetric analysis indicates > 10 mg/m3. If filter is not overloaded, samples may be collected up to an 8-hour period. Submit bulk sample in separate mailing container at time air samples are submitted. Chemical Sampling Information - Table of Contents Revision Date: 01/13/1999 * All Trademarks are the property of their respective owners. http://www.osha.gov/dts/chemicalsampling/data/CH_263800.html 1/12/2006 AASHTO Center for Environmental Excellence-Environmental Issue Construction and ... Page 1 of 2 U'Gy Guide.jl-),e43 -Far 4144fc mad eyerodu4 ati k/e /r/ /94)senrwt eC,rt7rvcfrn Table 14 : Recycled Materials Applications-FHWA Application/Use Material Blast Furnace Slag Coal Bottom Ash Coal Boiler Slag Foundry Sand Mineral Processing Wastes Municipal Solid Waste Asphalt Concrete—Aggregate Combustor Ash (Hot Mix Asphalt) Nonferrous Slags Reclaimed Asphalt Pavement Roofing Shingle Scrap Scrap Tires Steel Slag Waste Glass Coal Bottom Ash Asphalt Concrete—Aggregate (Cold Mix Asphalt) Reclaimed Asphalt Pavement Blast Furnace Slag Asphalt Concrete—Aggregate Coal Boiler Slag (Seal Coat or Surface Treatment) Steel Slag Baghouse Dust Sludge Ash ($o W9&) Asphalt Concrete—Mineral Filler Cement IGln Dust Lime Kiln Dust Coal Fly Ash Asphalt Concrete—Asphalt Cement Modifier Roofing Shingle Scrap Scrap Tires Portland Cement Concrete—Aggregate Reclaimed Concrete Portland Cement Concrete—Supplementary Coal Fly Ash Cementitious Materials Blast Furnace Slag Blast Furnace Slag Coal Boiler Slag Mineral Processing Wastes Municipal Solid Waste Combustor Ash Granular Base Nonferrous Slags Reclaimed Asphalt Pavement Reclaimed Concrete Steel Slag Waste Glass Coal Fly Ash Mineral Processing Wastes Nonferrous Slags Embankment or Fill Reclaimed Asphalt Pavement Reclaimed Concrete Scrap Tires Stabilized Base—Aggregate p Coal Bottom Ash Coal Boiler Slag f 1 Q http://environment.transportation.org/compendium/manual/5_7.aspx 1/19/2006 AASHTO Center for Environmental Excellence-Environmental Issue Construction and ... Page 2 of 2 Stabilized Base—Cementitious Materials Coal Fly Ash (Pozzolan, Pozzolan Activator, or Self-Cementing Cement Kiln Dust Material) Lime Kiln Dust Sulfate Wastes Coal Fly Ash Flowable Fill—Aggregate Foundry Sand Quarry Fines Flowable Fill—Cementitious Material (Pozzolan, Coal Fly Ash Pozzolan Activator, or Self-Cementing Material) Cement Kiln Dust Lime Kiln Dust Federal Highway Administration, `User Guidelines for Waste and Byproduct Materials in Pavement Construction." www tfhrc.gov/hnr20/recycle/wastehndex htm. http://environment.transportation.org/compendium/manual/5_7.aspx 1/19/2006 " „ t = > a E a; a+ as n. =coo= 3 o c� c m g�'on= 02 - o f o z7 = .v 0� C12�q0 5 n� a AE ate gE = u= . W t Ed `ot'Qs g Ass m� .aa spy v9 Qco' 3 ad p = ' `el' G L. W 6 '3.�•O co— at_5 m aYi ` 3 "-am60 , s y. t.a E' E mo o Rp e.g� v �0 c v ms a a) ary.- 0 a+�aa _ • � N 1 512. E. —. a „E. 0 9'W Gap EE E = ai g L L .c vg o in GJ `.. .. 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G! m� 'co E u O '`a ME M = y w o c a y VI Cid lJ p mE �• d .C EgB =.. oa= ow .8 Y 0 N u c� m = s ,. (Q�j E y 12 cu y W y + ea u V 0 E ▪Y M ` N C Y m 0 'm N .sew -. QUQ 3S p i 0r� 3� ;g 0 E N C el F- = O y a u et C nUu� 0 t u .d Ec�? A uds S o n—n 0 3 'n 3 w 3:94 Pas o O Chapter 2, Final Copy of Risk Commission and Risk Management Page 1 of 1 The likely synergy between environmental and public health agencies is a reservoir of untapped potential for environmental risk management. Many environmental pollution problems can be identified by their public health contexts. For example, construction of an losphaltbatchpiant was proposed in Boston. Public health officials found that the residents of the urban community in which it was to be constructed had a relatively high incidence of asthma and cardiovascular disease. Those findings signaled a potential environmental health problem that could have been exacerbated by emissions from the asphalt plant. On that basis, construction of the plant was opposed by citizens and by the public health agency, and a decision was made to try to leestatherplitateleewheret http://www.riskworld.com/Nreports/1997/risk-rpt/volume2/html/v2epa2a.htm 1/19/2006 GUIDANCE FOR DISCHARGES FROM ASPHALT OPERATIONS USING WET SCRUBBERS Replaces WPDES Permit No. WI-0057673-2 April 2004 This document is intended solely as guidance, and does not contain any mandatory requirements except where requirements found in statute or administrative rule are referenced. This guidance does not establish or affect legal rights or obligations, and is not finally determinative of any of the issues addressed. This guidance does not create any rights enforceable by any party in litigation with the State of Wisconsin or the Department of Natural Resources. Any regulatory decisions made by the Department of Natural Resources in any matter addressed by this guidance will be made by applying the governing statutes and administrative rules to the relevant facts. GENERAL INFORMATION This guidance document is intended to replace the general permit(GP) for asphalt operations using wet scrubbers and provide an equivalent description of regulatory information for operator compliance. A GP for asphalt operations with wet scrubbers was first issued in 1993 to ensure that the related wastewater did not escape to surface or groundwater. This GP and the current GP required that there be zero discharge from these operations. As discussed below, this requirement is established in both state and federal regulations. Because this goal has been achieved, a WPDES permit is no longer needed for these facilities. The GP is,therefore,revoked as of April 1, 2004. When the GP was first issued in 1993,there were discharges to state waters and associated problems at asphalt operations using wet scrubbers. The petroleum based, asphalt mix contained contaminants and pollutants of concern that readily transferred to the wet scrubber water. These facilities used some type of process water storage structure,usually a pond. These storage structures are subject to the design standards and requirements of NR 213, Wis. Adm. Code. Some of these storage facilities discharged wastewater because of poor design or operation or a misunderstanding of the regulatory requirements. A general permit was issued to bring the facilities into compliance and to establish direct regulatory oversight. The requirements of the GP have been implemented by these operations, and all known facilities are in substantial compliance with the "zero discharge" standard and the design standards for storage facilities. Additionally, the number of facilities employing wet scrubber air pollution control technology has decreased and replaced with baghouse technology. OPERATIONS COVERED UNDER THIS GUIDANCE DOCUMENT This guidance document is applicable to operations producing asphaltic concrete, also called hot wix or blacktop. Asphaltic concrete is produced by mixinghot aggregate(sand and gravel)with a hot liquid asphalt binder in a batch or continuous process. {he following processes and r--, materials may be used in the production oTasphalt concrete: A) Conventional Plants-Conventional plants produce blacktop through either batch or continuous mixing operations. The process begins with a front-end loader hauling raw, I Guidance Document Replacing Asphalt Wet Scrubber WPDES Permit No. WI-0057673-2 April 2004 drum mix plants, it's usually added about half way down the drum; in conventional plants, recycled asphalt material is added to the weigh hopper prior to the mixer(pugmill). The amount of recycled pavement may range from 5%to 60%of the total raw material. Using recycled material reduces virgin asphalt and aggregate requirements but may increase emissions of organic compounds. F) Fuels - Asphalt plants may use natural gas,propane, or distillate oil, and waste oils to fire the burner. Depending on burner efficiency and hot mix specifications, 1-2 gallons of fuel are buine�i for each ton of hot mix produced. Waste oils are burned because they are usuall half t e price per gallon of vi n fuels. Waste oils are a blend of motor vehicle cr case, transformer, and miscellaneous industrial process oils and some virgin fuel oil. G) Remediation Activities - A serious environmental threat is the contamination of soils and groundwater by petroleum leaking from underground storage tanks. In Wisconsin, most of -the contaminated soil is placed in landfills. Some contaminated soils are now being treated in asphalt plants. A portion of the organic pollutants is driven off and a portion is destroyed. The soil usually becomes fill, road base or part of the hot mix product. Asphalt plants have been approved by the Department's Air Management program to process petroleum contaminated soils with several additional plant approvals still pending. Most of these facilities have baghouses rather than wet scrubbers. Contaminated soils should be stored on an impervious pad and covered to prevent ground and surface water contamination. H) Wastewater- A limited number of asphalt plants use wet scrubbers to remove particulates from exhaust gases. Scrubber water is recycled through settling ponds for solids removal before reuse in the scrubber. Settled solids are removed from the ponds as needed and typically set aside in piles or spread on plant property roads. GUIDANCE Although there is no permit, the regulatory requirements establishing a zero discharge standard apply to all new and existing asphalt plants using wet scrubbers (ch. NR 275, Wis. Adm. Code). Any discharge from such an operation may be a"discharge without a permit"(Chapter 283, Stats.)or may be subject to the requirements of Chapter 292, Stats., and be prosecutable under one or both of these laws. A proposed discharge from this type of operation will require application for an individual WPDES permit, and any such discharge is not allowed without this permit. Storage facilities must be designed to meet the standards in NR 213, Wis. Adm. Code. A) Discharge to Surface Waters and Groundwater Prohibited—NR 275, Wis. Adm. Code, and 40 CFR Part 443 prohibit the discharge of scrubber water and sections NR 213.08 and NR 214.04 prohibit the discharge of toxic pollutants or hazardous substances that contaminate groundwater. Because asphalt plant scrubber water may contain toxic pollutants (particularly polynuclear aromatic hydrocarbons) at levels that can contaminate groundwater,the asphalt plant scrubber water recycle/storage system cannot discharge to groundwater via spill or seepage. For the same reason, field(or road) spreading this wastewater is not allowed. The scrubber water at facilities that process contaminated soils will contain some of the 3 Guidance Document Replacing Asphalt Wet Scrubber WPDES Permit No.WI-0057673-2 April 2004 unsorted aggregate from storage piles to hoppers of the feed unit. The material is metered from the hoppers onto a conveyor belt and into a rotary dryer. Because a substantial portion of the heat is transfLicd by radiation,dryers are equipped with flights designed to tumble the aggregate. As it leaves the dryer,the hot aggregate drops into a bucket elevator and is transferred to a set of vibrating screens where it is sorted by particle size and stored in large bins near the mixer. The difference between a batch and a continuous plant is mainly in the configuration of the hot aggregate storage bins and the mixer. Batch plants store the hot, sorted aggregate in bins stacked on top of the weigh hopper and mixer(pugmill). The operator controls the aggregate size distribution by opening individual bins and allowing the classified aggregate to drop into a weigh hopper until the desired weight is obtained. After all the material is weighed,the sized aggregates are dropped into a mixer and mixed for about 30 seconds. Hot asphalt is then pumped from heated storage tanks, weighed and injected into the mixer. After further mixing the asphalt concrete is dropped into trucks or stored in a silo. Continuous plants meter the sorted material from the hot bins to an elevator which carries it to the mixer. Asphalt is metered through the inlet end of the mixer and retention time is controlled by an adjustable dam at the end of the mixer. The mix flows out of the mixer into a hopper from which a silo or trucks are loaded. B) Drum Mix Plants-Drum mix plants are the most common type of plant and simplifies blacktop production by using feed controls in place of hot aggregate sorting equipment, storage bins and a mixer. In this process,pre-sorted aggregate and the asphalt binder are introduced near the flame end of the revolving dryer/mixer drum and the finished mix is discharged from the other end into a storage silo. A variable flow asphalt pump is linked electronically to the aggregate belt scales to control mix specifications. Parallel flow has the advantage of giving the asphalt a longer time to coat the aggregate and to collect dust in the mix,thereby reducing particulate emissions. However,because asphalt is heated to high temperatures for a long time, a disadvantage is the higher organic emissions. C) Aggregate-Many types of sand and gravel (aggregate)can be used in making asphalt, but crushed limestone or glacial sand and gravel are commonly used in Wisconsin. The amount of solids in the scrubber water from aggregate handling and drying is mostly dependent on the amount of fine sand and silt(particles passing through a 200 mesh screen) in the aggregate. Certain specialty mixes may specify a large amount of fines(i.e.,curb mix)and may temporarily increase solids concentrations. D) Asphalt-Asphalt is the binder or"glue" for the aggregate in blacktop. Asphalt contains high molecular weight hydrocarbons including many polynuclear aromatic hydrocarbons and volatile organic compounds. Asphalt is heated to 250°F±25°F for mixing purposes,thus causing some thermal degradation and volatilization of some compounds producing emissions and odors. In the past sulfur was also used in the binder,but no sulfur extended jobs are currently being contracted in Wisconsin. E) Recycled Pavement- Salvaged asphalt pavement and road base material can be crushed, screened and introduced into the dryer drum downstream of the virgin aggregate inlet. In 2 • Guidance Document Replacing Asphalt Wet Scrubber WPDES Permit No.WI-0057673-2 April 2004 contaminants removed from the soil. This scrubber water,therefore,cannot be discharged to the groundwater or directly to surface waters. B) Pretreatment Requirements—Some facilities may want to discharge a portion of their wastewater to a publicly owned treatment works(POTW)on an intermittent basis.Although the Department has no specific discharge limitations for this type of waste, ch. NR 211, Wis. Adm. Code, contains general picheatment requirements that prohibit discharge of wastes that interfere with or pass through a POTW. Most POTWs have local sewer use ordinance requirements in place to protect their plant. Additionally,POTW operators have the opportunity to evaluate the impacts of the waste on their plant and accept or reject discharges into their systems,as appropriate. C) Sizing Recycle/Storage Systems for Direct Rainfall—Treatment systems must have sufficient capacity to allow adequate retention time for settling. They must also be designed to prevent overflow caused by precipitation events. Chapter NR 205 identifies the design rainfall amount and probable intensity of 10-year and 25-year, 24-hour rainfall events for locations in Wisconsin. Process water storage capacity should be of sufficient size to store water from a 10-year, 24-hour event frequency and which falls within or flows into the area of the recycle/storage system. These considerations must be addressed in plans for storage facilities submitted for approval to meet the requirements in NR 213. D) Solids/Sludge Removal,Dewatering,and Disposal—Sludge should be removed to maintain the hydraulic capacity of the recycle/storage system. The sludge should be dewatered in such a manner to prevent discharge of the wastewater. Common dewatering methods include inclined impermeable surfaces with a gravel bed or spaced wood slates to retain the solids and collection of the water in the recycle/storage system. Solids/sludge removed from the recycle/storage systems may be contaminated and should be disposed of in accordance with Department regulations. Facilities should contact the Department's local Waste Management Specialist with specific questions regarding disposal or reincorporation of these types of waste. E) Operation,Maintenance and Inspections—Proper maintenance and operation of the recycle/storage system is necessary to assure compliance. Periodic inspections of recycle/storage systems and equipment should be performed to assure compliance with the zero discharge requirements. Inspections in the spring can be used to assess damage from freeze/thaw conditions. If it is necessary to temporarily remove water from the recycle/storage system to perform a proper inspection,the wastewater may not be discharged to surface waters or groundwater without obtaining an individual permit. The wastewater may be hauled to a POTW for treatment. F) Spills and Bypassing—Because some of the materials used in these operations are hazardous materials, any release of the process water may be a hazardous substance spill subject to the requirements of chapter 292, Stats. and associated rules. The owner/operator is required to report spills to the Department immediately(local DNR contact or the 24-hour toll free spills hotline 1-800-943-0003)and take appropriate action prescribed by the applicable laws. 4 Page 1 of 1 Carol Harding From: LAMBFEEDER@aol.com Sent: Friday, March 10, 2006 2:11 PM To: Carol Harding Subject: USR 1533 We would like to register our opposition to the proposed development by Asphalt Paving Company. The presence of a batch plant and recycled materials dump is not complementary to our agricultural neighborhood. We have lived in this neighborhood for over 20 years. We do not oppose the mining of gravel, but industrial development will create hazardous road condiitons on WCR 6 and surrounding roads. L. Spencer Rule 600 WCR 21 Brighton, CO 80603 El EXHIBIT US✓2 #15 3 3/10/2006 Hello