HomeMy WebLinkAbout20020928.tiff April 5, 2002rit
Weld County Commissioners
915 10th St.
Greeley, CO
Attn.: Board of County Commissioners of Weld County
RE: USR-1367
Dear Commissioners:
My name is Timothy N. Trostel. I reside with my wife and family at 17264 WCR 12, Ft.
Lupton, CO, and have owned our forty-three acre property since 1977. Our property
borders to the south of the proposed Special Use Permit, Case USR-1367, Docket#2002-
28. This operation is not compatible nor desirable to our family nor the agriculture uses
of our property, nor of the entire neighborhood. There are many issues that we find
reprehensible, and not in compliance with the historical use of this area.
The planning board states that this mining operation will be compatible with existing
land uses. This is an agricultural area, with many small acreages, and subdivisions 'A
mile south, comprising almost one hundred homes when completed. It is an
unprecedented action to approve a mining and fertilizer business in an established area.
The farms and homes were here first. The previous permit, issued in 1978, was for
mining sand only, which the owner operated sporadically only in the summer. There
might have been a total of five trucks (not semi's)weekly. They also erroneously state
that Boss Composting facility is '/ mile south of the proposed facility. The compost piles
are a mile south and a '/4 mile west. This facility has been around for a number of years,
and Boss owns more than double the 38 acres that Mr. Oman wants to use for open pit
mining and manufacturing soil products. The compatible uses of this area are farming,
and small acreages with animals. The road to this facility is a dirt road, not wide enough
for a semi and a car. Also we feel that 48 semi-truck round trips a day is dangerous,
noisy, dusty, and unsafe. That means every ten minutes of the day there will be a semi
rumbling by our house. Also we feel that this is unsafe for the Highway 52 traffic as Rd.
35 only goes south off Hwy. 52. Hwy. 52 does not have any shoulder-room to pull off in
case of emergency, which can be a huge problem. Also there is a hill less than 1/8 mile
west Rd. 35 which causes a time-reaction problem if one wishes to stop or slow down.
They state that this mining pit "will be compatible with future development of the
surrounding area". This is totally false and self-serving. The entire area is leaning away
from agriculture and is being subdivided into 3 & 5 acre plots.
2002-0928
EXHIBIT
1361
Having this nefarious operation in our area will totally degrade our property values, and
our neighbor's,with its dust, traffic, smells, and noise. The existing permit,which Mr.
Oman is operating under illegally, was issued in 1978. This permit is for mining sand
only. The reason he is applying for a new permit is because he was caught by the county
conducting business operating a sand mining and fertilizer mixing business without the
proper permits. He has acted fraudently, and still is operating his business without the
proper permits. Who says he will follow the rules when and if you give him a new
permit?
The Planning board states that"Development standards ensure there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County." There have been no standards. The noise is constant. Mr.
Oman operated his plant from daylight until approximately 2:00 A.M. last summer and
fall, with bright lights that were seen for more than a mile and very loud machinery
noises. Semi's were also coming and going at these hours. Who is to say what was being
delivered or carried away. These hours were kept seven days a week. This was/is very
disturbing to our family. The fine dust and debris blows on our property and covers
everything, from machinery to infiltrating our windows with a fine black dust. If they are
trafficking in human manure, which we have proof,this poses a grave medical concern
for our family. The smells get atrocious on hot summer days. Also, according to the
permit, no stockpiles of materials are to be stored on the property.(#19 of Standards)
There are many piles of dirt, sand, and miscellaneous materials. How is"fugitive dust,
blowing debris, and other potential nuisance conditions"to be controlled? (#6 of
Standards)
We are also very concerned about the type of materials to be mixed with the different
dirts. What type of chemicals are being used, their toxicity, and reactions when mixed
with the materials that are stored on the premises. Different gases are being stored
improperly. How and where are these toxic chemicals to be stored to keep wild life and
people safe from their dangerous effects?
We feel that Mr. Oman is operating with inadequate insurance. $100,000.00 is woefully
inadequate in today's business world. The minimum that contractors carry is one million
dollars. This amount of insurance is also required by almost every jurisdiction in the
state of Colorado in order to be licensed. Some cities and contractors now require two
million dollars, with a minimum of one million dollars on automobiles. Do you know
what the dollar amount of truck insurance Mr. Oman requires of his semi truck owners?
These truck drivers pose a very serious risk to the people who travel Rds. 35, 12, and
Hwy 52. There have been numerous accidents involving trucks on Hwy 52 & 35.
We live in an agricultural/residential area and we do not feel that this operation is
compatible with industrial. This plant abuts our property, and is less than three hundred
feet from our residence. We do not feel this is good for our health, property values, or
aesthetic values. This corner of Weld County is not geared for industrial growth, nor
even for large farms anymore. This entire area is plated for small acreages. We have
been the dumping ground for undesirable businesses for too long, and want the
Commissioners to take in account the present and future use of this corner of the County.
That use is small acreages and farms, and the preservation of country living that is clean,
quiet, safe, and friendly.
7Sin ely,
Timoth . & Mary T. Trostel
MEMORANDUM
410-A t a
TO: CHRIS GIMAN, PLANNER
FROM: CINDI CVERRY, ENV. SPECIALIST
ISUBJECT:BOB OMAN, SELECT MATERIALS 11 c
CC: CHAR DAVIS, SUPERVISOR, ENV. HEALTH SERVICES
COLORADO TREVOR JIRICEK, DIRECTOR, ENV. HEALTH SERVICES
On March 5, 2002, I received a complaint concerning containers of an unknown liquid being stored on the
property, raw manure on property, dirt and sand blowing off of property onto neighboring properties, and gas
or oil tanks not bermed properly. Below are the findings:
• Unknown Liquid being stored on Property. According to site personnel and Mr. Omen, the liquid
being stored on the property is used oil that has come from the maintenance of his equipment. The oil is
being stored in several plastic containers, which hold several hundred gallons per container.
The oil is inappropriately stored in plastic containers. The plastic material is susceptible to degradation
from sun and other natural elements. Additionally, Mr. Oman should contact the Colorado Department
of Public Health and Environment (CDPHE), Hazardous Waste Division, for appropriate regulatory
guidance concerning storage, handling, and burning of used oil.
• Raw Manure on Property. According to Mr. Omen, the material shown on photo number MVC-
005S.JPG and MVC-004S.JPG is not raw manure. Mr. Omen states that the material is mountain peat,
which comes from the mountains.
Although river rock and hay bailing string was observed in the material, Mr. Omen states the material is
not raw manure.
• Dirt and Sand Blowing Off Property. The facility is located on a deposit of sand.
Dirt and sand was not observed blowing off the property during the site inspections. However, it appears
that this area may be susceptible to blowing soil and sand.
• Gas and Oil Tanks not Bermed Properly. Mr. Omen states that he has two-2000 gallon, one-5800
gallon, one-450 gallon, and one-300 gallon storage and fuel tanks on site.
Partial berming of the above ground storage tanks was observed. Mr. Omen needs to contact the
Colorado Department of Labor and Safety, Division of Oil &Public Safety for the appropriate regulatory
guidance concerning above ground storage tanks.
Additionally, Mr. Omen said he mixes compost to make container mixes for nurseries and potting soils. The
compost material is exempt from the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities"
(the Regulations) as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20,
Part 1, C.R.S., as amended. Environmental Health suggests that the compost materials brought onto the site
meet the compost sampling and quality criteria described in Section 14.5 of the Regulations.
i
EXHIBIT
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MEMORANDUM
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TO: CHRIS GATHMAN, PLANNIW DEPARTMENT
y'� tde
FROM: CHAItt'AVIS AND CINI1ElCHEVERRRY,
11 I ENVIRONMENTAL HEALTH SERVICES
Ci DATE:CT:USR-/200 , ROBERT OMAN
COLORADO CC:
In response to a complaint received in our office on March 5, 2002, Cindi Etcheverry,
observed the use contemplated in USR-1367 (Robert Oman). The complainant alleged
improper storage of unknown liquids, raw manure on property, blowing dirt and sand,
and tanks improperly bermed. Based on our observation of the facility we recommend
the following additional conditions and standards be part of any approval:
We recommend that the additional requirements be met prior to allowing the plat to be
recorded:
1. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-
14), the applicant shall submit an above ground storage tank permit application to
the State Inspector of Oils, and provide to the Weld County Department of Public
Health and Environment evidence of registration and compliance with the Above
Ground Storage Tank Regulations.
We recommend that the following additional requirements be incorporated into the
permit as "development standards":
1. Any used oil that will be burned on-site for heating, shall be stored and burned in
accordance with the Hazardous Materials Regulations (6 CCR 1007-3), standards
for used oil generators.
2. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored
and handled in a safe manner in accordance with product labeling.
2002-1452
[1 EXHIBIT
M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\USR's\USR-1367 Oman memo to board rtt
Resolution USR-1367
Robert Oman
Page 4
The applicant shall submit a storm water drainage report to the Department of Public
Works. Refer to Section 24-7-20,Storm Drainage Requirements under Subdivision Design
Standards in the County Code. Evidence of Public Works approval shall be submitted to
the Department of Planning Services. (Department of Public Works)
J. The applicant shall attempt to address the recommendations (concerns) of the Colorado
Geological Survey as stated in their referral received January 25, 2002. (Colorado
Geological Survey)
K. Insurance-The operator shall furnish written evidence he is insured to the extent of not less
than one hundred thousand dollars ($100,000.00) against liability for any negligent act or
omission be the operator from the operation, maintenance, extraction, and/or production
of the sand and shall include all activities,connected with or incidental thereto.(Department
of Planning Services)
L. .The applicant shall submit a technical review application to the Division of Minerals &
Geology. Evidence of approval by the Division of Minerals & Geology shall be submitted
ito the Department of Planning Services. (Department of Planning Services)
M h
. .
� , The agreement-shouldaddress.allowing the applicant to,u
eNistieg access rn a event e access off of WCR 12 is denied through a court order.
,
er.
4. Upon completion of 1 and 2 above the applicant shall submit a Mylar plat along with all other
documentation required as conditions of approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within sixty(60)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee.
5. Prior to operation:
A. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral received January 23, 2002. (Department of Building
Inspection) Clerk and Recorder. (Department of Planning Services)
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