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
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+ 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
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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
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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
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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
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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
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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
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Date Name Signature Address
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Date Name Signature Address go b?/ •
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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
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Date Name Si ture Address
MRffktj4 tchtma- n hI tdOesf St
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Date Name Signature Addres
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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
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Date Name S ature Address
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Date Name I Signature Address
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Date Name Signature Addres
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Date Name Signature Addre
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n2te Name — f Signature Address
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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
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Date Name Signature `�� ✓ /' Address
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Date Name pp Signature
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Date Name gnature Address
p Il 3 to he) wc.j Nu-e.
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Date Name Signature Address
6 l41 _I
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Date Name Si ture Address
o-". /Con /')X /921V /40 e.
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ate Name Signature ddressq,
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Date Name -'Signature Address i
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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
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Date Name Signature Address
• Date Name Signature Address
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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
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Date Name ignature Address
Q/� " /�// rI 1t34 cl Ave,.
—II— Olo P sctA I i Cpa.,l I ee cu.
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Date Name Signature Address
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Date Name S ature Address
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Date Name Signature Addr ss
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Date Nam Signature Address
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Date Name Sign Address
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Date Name S' a e Address //'
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Date Name Signa e Addre s
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Date Name Signature A4dress
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Date gg Name Signature ddress��yye(x���yy
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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
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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
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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: <'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 }
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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