HomeMy WebLinkAbout20050690.tiff ADDENDUM
� Feb. 8, 2005
Weld County Planning Comm.
Re: Aggregate Ind. Watenburg Lakes Project
U.S.R.
We are Peter and Cindy Baurer and we own and reside on the the 90 acres immediately
south of this proposed gravel mine and water storage project. Although we are generally
in favor of approval we have some concerns regarding the visual, noise, dust and liability
impact of this project.
Although we will not be able to attend your meeting of Feb. 15th, we will be represented
by our son Jonathan who has full authority to act on our behalf.
We thank you for your consideration.
Regards,
Pete & Cindy Baurer
E HI IT
2005-0690
�.. Carl Eiberger
754 WCR 23 '
Brighton, CO 80603
303 880-4001
February 10, 2004
Mr. Kim Ogle
Planner
Department of Planning Services
Weld County, Colorado
918 10th Street
Greeley, Colorado 80631
970 353-6100 (3540)
970 304-6498 Fax
KOGLE(c�CO.WELD.CO.US
RE: Surrounding Property/Mineral Owners
CASE NUMBER: USR-1350
Mr. Ogle:
Thank you for returning my call. I own property within 500-hundred (500) feet of the
above mentioned case: otherwise known as the Aggregate Industries Wattenberg Lakes
Project. The property I own is to the South of the aforementioned, and some of my
concerns are with quite enjoyment and noise, visual impacts, the generation of dust, and
other aspects of mining due to the project. Many of these concerns could be mitigated
with the installation of a 10 foot high wooden—break away fence.
Mr. Mike Reefer, who works with Aggregate Industries, has always been a good
neighbor, but with the recent sale of Aggregate Industries to a Swiss company, we now
do not know our neighbors.
I will be attending the Public Hearing before the Weld County Planning Commission on
Tuesday, February 15`h, 2005.
Thank you for your assistance in advance. If you have any questions, I can be reached at
303 880-4001.
.-. Carl Eiberger
EXHIBIT
FROM : AGGREGATE IND GREELEY PHONE NO. : 970 378 6856 Feb. 11 2005 11:47PM P1
P.O.Box 337231
Preey, 80633
Phone: (9797 0)336.6526
Far (970)37&6656
AGGREGATE
INDUSTRIES
Fax
lb: Char Davis Frsrre Connie N.Davis
Weld County Health Department Land Resources Assistant
Fat (970) 304-6411 Pages: Two(2)
Phonon (970) 304-6415 Dame 2/11/2005
Rea USR-1350—Wattenberg Lakes CC: Kan Ogle
Health Department Conditions Weld County Health Department
Fax No. : (970)3046498
O*Agent ❑ For Review O Please Comment O Please Reply O Meese Recycle
• Comment= Following is a copy of the Colorado Statute that contains the exemption for
Aboveground Storage Tanks at gravel pits [C.R.S. 8-20.5-101(2)(b)(IX)). I believe this satisfies
proposed Condition K for USR-1350.
I have one other question regarding a proposed pre-recording condition. Condition 3.J. requires
evidence that the facility has adequate water supply,i.e. bottled water. I appreciate your understanding
with regard to using bottled water, however, I am not sure how we would provide evidence of bottled
water prior to recording the plat Could this be added as a development standard, stating that bottled
water shall be provided for employees?
Thank you for your time and patience in addressing the health related issues for this project. Please
call if you have any questions.
EXHIBIT
FROM : AGGREGATE IND GREELEY PHONE NO. : 970 378 6856 Feb. 11 2005 11:48PM P2
LexisNexisaM) CD
Document 1 of 1
Source:
Colorado Statutes/TITLE 8 LABOR AND INDUSTRY/LABOR I - DEPARTMENT OF LABOR AND
EMPLOYMENT/Fuel Products/ARTICLE 20.5 PETROLEUM STORAGE TANKS/PART 1 ADMINISTRATION/8-
20.5-101. Definitions.
8-20.5-101.Definitions.
As used in this article,unless the context otherwise requires:
(1) "Abandoned tank" means an underground or aboveground petroleum storage tank that the current
tank owner or operator or current property owner did not install, has never operated or leased to another
for operation,and had no reason to know was present on the site at the time of site acquisition.
(2) (a) "Aboveground storage tank" means any one or a combination of containers, vessels, and
enclosures, including structures and appurtenances connected to them, constructed of nonearthen
materials, including but not limited to concrete, steel, or plastic, which provide structural support, used
to contain or dispense fuel products and the volume of which, including the pipes connected thereto, is
ninety percent or more above the surface of the ground.
(b) "Aboveground storage tank"does not include:
(I)A wastewater treatment tank system that is part of a wastewater treatment facility;
(II) Equipment or machinery that contains regulated substances for operational purposes;
(III)Farm and residential tanks;
(IV) Aboveground storage tanks located at natural gas pipeline facilities that are regulated under
state or federal natural gas pipeline acts;
(V) Aboveground storage tanks associated with natural gas liquids separation, gathering, and
production;
(VI)Aboveground storage tanks associated with crude oil production, storage,and gathering;
(VII) Aboveground storage tanks at transportation-related facilities regulated by the federal
department of transportation;
(VIII) Aboveground storage tanks used to store heating oil for consumptive use on the premises
where stored;
(IX)Aboveground storage tanks used to store flammable and combustible liquids at mining facilities
and construction and earthmoving projects, including gravel pits, quarries, and borrow pits where, in the
opinion of the director of the division of oil and public safety, tight control by the owner or contractor
and isolation from other structures make it unnecessary to meet the requirements of this article;
(X)Any other aboveground tank excluded by regulation.
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FROM : AGGREGATE IND GREELEY PHONE NO. : 970 378 6856 Feb. 12 2005 12:24RM P1
P.0.Box 337231
i--. Grimy,CO 80633
Phone; (970)336-6526
Fax: (970)378-6856786556
AGGREGATE
INDUSTRIES
Fax
To: ICirn Ogle Prone Connie N. Davis
Weld County Planning Department Land Resources Assistant
Faic (970)304-6498 Pages: Five(5)
Phone: (970) 353-6100 gate: 2/11/2005
Re/ USR-1350—Wattenberg Lakes CC: Fax No. :
Electrical Permit Exemption
❑Urgent O For Review ❑Please Conrna:t O Please Reply CI Please Recycle
• Comments: Proposed Development Standard#35 for USR-1350 states that permits are required
for all electrical work Following is a copy of a Colorado Statute that contains an exemption for
electrical permits at gravel pits [CRS. 12-23-111(16)]. (This starts at the bottom of the second page
and continues onto page three). Weld County Building Inspectors have not typically required electrical
permits. When one of there questioned this a couple of years ago, an electrical contractor that does
work for Aggregate Industries referred me to this Statute. In view of this, can deletion of this
Development Standard be requested at the Planning Commission hearing?
EXHI T
FROM : AGGREGATE IND GREELEY PHONE NO. : 970 378 6856 Feb. 12 2005 12:24AM P2
I,exisNexis(I'M) CI)
Page 1 of 5
Document 1 of 1
Source:
Colorado Statutes/TITLE 12 PROFESSIONS AND OCCUPATIONS/GENERAL/ARTICLE 23 ELECTRICIANS/12-
23-111. Exemptions,
12-23-111. Exemptions.
(1) Employees of public service corporations, rural electrification associations, or municipal utilities
generating, distributing, or selling electrical energy for light, heat, or power or for operating street
railway systems, or telephone or telegraph systems, or their corporate affiliates and their employees or
employees of railroad corporations, or lawfully permitted or franchised cable television companies and
their employees shall not be required to hold licenses while doing electrical work for such purposes.
(2)Nothing in this article shall be construed to require any individual to hold a license before doing
electrical work on his own property or residence if all such electrical work, except for maintenance,
repair, or alteration of existing facilities, is inspected as provided in this article; if, however, such
property or residence is intended for sale or resale by a person engaged in the business of constructing or
remodeling such facilities or structures or is rental property which is occupied or is to be occupied by
tenants for lodging, either transient or permanent, or is generally open to the public, the owner shall be
responsible for, and the property shall be subject to, all of the provisions of this article pertaining to
inspection and licensing,unless specifically exempted therein.
(3) Nothing in this article shall be construed to require any regular employee of any fntn or
corporation to hold a license before doing any electrical work on the property of such firm or
corporation, whether or not such property is owned, leased, or rented: If the firm or corporation
employing any employee performing such work has all such electrical work installed in conformity with
the minimum standards as set forth in this article and all such work is subject to inspection by the board
or its inspectors by request in writing in accordance with subsection (14) of this section; and if the
property of any such firm or corporation is not generally open to the public. No license for such fun or
corporation, nor inspection by the board or its inspectors, nor the payment of any fees thereon shall be
required, with the exception of inspection by the board or its inspectors when performed by written
request Nothing contained in this article shall be construed to require any license, any inspection by the
board or its inspectors, or the payment of any fees for any electrical work performed for maintenance,
repair, or alteration of existing facilities which shall be exempt as provided in this section.
(4) If the property of any person, firm, or corporation is rental property or is developed for sale,
lease, or rental, or is occupied or is to be occupied by tenants for lodging, either transient or permanent,
or is generally open to the public, then such property of any such person, firm, or corporation shall be
subject to all the provisions of this article pertaining to inspection and licensing, except for the
maintenance,repair,or alteration of existing facilities which shall be exempt as provided in this section.
(5) Nothing in this article shall be construed to cover the installation, maintenance, repair, or
alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks,
dumbwaiters, stagelifis, man lifts, or appurtenances thereto beyond the terminals of the controllers.
Furthermore, elevator contractors or constructors performing any installation, maintenance, repair, or
alteration under this exemption, or their employees, shall not be covered by the licensing requirements
of this article.
(6)Nothing in this article shall be construed to require any individual to hold a license before doing
any maintenance, repair, or alteration of existing facilities on his own property or residence, nor to
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require inspet.tion by the board or its inspectors, nor to pay any fees connected therewith. Likewise,
nothing in this article shall be construed to require any firm or corporation or its regular employees to be
required to hold a license before doing maintenance, repair, or alteration of existing facilities on the
property of any such firm or corporation whether or not any such property is generally open to the
public; nor shall inspection by the board or its inspectors nor the payment of any fees connected
therewith be required.
(7)to(9) Repealed.
(10) An individual, firm, copartnership, or corporation may engage in business as an electrical
contractor without an electrician's license if all electrical work performed by such individual, firm,
copartnership, or corporation is under the direction and control of a licensed master electrician.
(11) Any person who plugs in any electrical appliance where approved electrical outlet is already
installed shall not be considered an installer.
(12)No provision of this article shall in any manner interfere with,hamper, preclude,or prohibit any
vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance, if
the connection of said appliance does not necessitate the installation of electrical wiring of the structure
where said appliance is connected_
(13) The provisions of this article shall not be applicable to the installation or laying of metal or
plastic electrical conduits in bridge or highway projects where such conduits must be laid according to
specifications complying with applicable electrical codes.
(13.5)Repealed.
(14) Nothing in this article shall be construed to exempt any electrical work from inspection under
the provisions of this article except that which is specifically exempted in this article, and nothing in this
article shall be construed to exempt any electrical work from inspection by the board or its inspectors
upon order of the board or from any required corrections connected therewith. However, no fees or
charges may be charged for any such inspection except as set forth in this article, unless request for
inspection has been made to the board or its inspectors in writing, in which case, unless otherwise
covered in this article, the actual expenses of the board and its inspectors of the inspection involved shall
be charged by and be paid to the board. The board is directed to make available and mail minimum
standards pertaining to specific electrical installations on request and to charge a fee for the same, such
fee not to exceed the actual cost involved, and in no case more than one dollar. Requests for copies of
the national electrical code shall be filled when available, costs thereof not to exceed the actual cost to
the board.
(15) Inasmuch as electrical licensing and the examination of persons performing electrical work is a
matter of statewide concern, no examination, certification, licensing, or registration of electrical
contractors, master electricians, journeymen electricians, residential wiremen, or apprentices who are
licensed, registered, or certified under this article shall be required by any city, town, county, or city and
county; however, any such local governmental authority may impose reasonable registration
requirements on any electrical contractor as a condition of performing services within the jurisdiction of
such authority.No fee shall be charged for such registration.
(16) The provisions of this article shall not be applicable to any surface or subsurface operation or
property used in, around, or in conjunction with any mine which is inspected pursuant to the "Federal
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Mine Safety and Health Amendments Act of 1977", P.L. 95-164, except permanent state highway
tunnel facilities, which shall conform to standards based on the national electrical code. Nothing
contained in this subsection (16) shall prohibit the department of transportation from adopting more
stringent standards or requirements than those provided by the minimum standards specified in the
national electrical code,and the department of transportation shall furnish a copy of such more stringent
standards to the board.
(17)(a) The permit and inspection provisions of this article shall not apply to:
(I) Installations under the exclusive control of electric utilities for the purpose of communication or
metering or for the generation, control, transformation, transmission, or distribution of electric energy,
whether such installations are located in buildings used exclusively for utilities for such purposes or
located outdoors on property owned or leased by the utility or on public highways, streets, or roads or
outdoors by virtue of established rights on private property;or
(II) Load control devices for electrical hot water heaters that are owned, leased, or otherwise under
the control of, and are operated by, an electric utility, and are on the load side of the single-family
residential meter, if such equipment was installed by a registered electrical contractor. The contractor
will notify appropriate local authorities that the work has been completed in order that an inspection may
be made at the expense of the utility company. The applicable permit fee imposed by the local
authorities shall not exceed ten dollars.
(b) This subsection (17) does not exempt any premises wiring on buildings, structures, or other
premises not owned, by or under the exclusive control of the utility nor wiring in buildings used by the
utility for purposes other than those listed in this subsection (17), such as office buildings, garages,
warehouses, machine shops, and recreation buildings. This subsection (17) exempts all of the facilities,
buildings, and the like inside the security fence of a generating station, substation, control center, or
communication facility.
(18) Nothing in this article shall be construed to cover the installation, maintenance, repair, or
alteration of security systems, lawn sprinkler systems, environmental controls, or remote radio-
controlled systems beyond the terminals of the controllers. Furthermore, the contractors performing any
installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be
covered by the licensing requirements of this article_
(19) Nothing in this article shall be construed to cover the installation, maintenance, repair, or
alteration of electronic computer data processing equipment and systems beyond the terminals of the
controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration
under this exemption, or their employees, shall not be covered by the licensing requirements of this
article.
(20) Nothing in this article shall be construed to cover the installation, maintenance, repair, or
alteration of communications systems, including telephone and telegraph systems not exempted as
utilities in subsection (1) of this section, radio and television receiving and transmitting equipment and
stations, and antenna systems other than community antenna television systems beyond the terminals of
the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or
alteration under this exemption, or their employees, shall not be covered by the licensing requirements
of this article.
(21) Nothing in this article shall be construed to cover the installation, maintenance, repair, or
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alteration of electric signs, cranes, hoists, electroplating, industrial machinery, and irrigation
machinery beyond the terminals of the controllers. Furthermore, the contractors performing any
installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be
covered by the licensing requirements of this article.
(22) Nothing in this article shall be construed to cover the installation, maintenance, repair, or
alteration of equipment and wiring for sound recording and reproduction systems, centralized
distribution of sound systems, public address and speech-input systems, or electronic organs beyond the
terminals of the controllers. Furthermore, the contractors performing any installation, maintenance,
repair, or alteration under this exemption, or their employees, shall not be covered by the licensing
requirements of this article.
(23) Nothing in this article shall be construed to require either that employees of the federal
government who perform electrical work on federal property shall be required to be licensed before
doing electrical work on such property or that the electrical work performed on such property shall be
regulated pursuant to this article.
(24) Nothing in this article shall be construed to require licensing that covers the installation,
maintenance, repair, or alteration of fire alarm systems operating at fifty volts or less. Furthermore, the
contractors performing any installation, maintenance, repair, or alteration under this exemption, or their
employees, shall not be covered by the licensing requirements of this article but shall be subject to all
provisions of this article pertaining to inspections and permitting.
Source: L. 59: p. 420, § 11. CRS 53: § 107-2-11. L. 63: p. 737, § L C.R.S. 1963: § 142-2-11. L.
65: p. 1223, § 6. L. 71: pp. 1292, 1294, §§ 8, 9, 1. L. 73: p. 934, § 22. L. 75: (2)and (4) amended and
(15) added, pp. 440, 445, §§ 5, 2, effective July 25. L. 77: (7) amended, p. 648, § 2, effective May 20;
(16) added,p. 417, § 3, effective June 9; (9)R&RE, p. 648, § 3,effective July 1; (13.5) added,p. 652, §
1, effective July 1. L. 78: (7)and (8)amended and(13.5)repealed,pp. 321, 326, §§ 9, 17, effective July
1. L. 79: (17) added, p. 476, § 1, effective May 25. L. 83: (16) amended, p. 527, § 1, effective May 10.
L. 84: (16) amended, p. 413, § 2, effective March 22. L. 87: (9)(b) amended, p. 377, § 1, effective May
20. L. 88: (16) amended, p. 1434, § 26, effective June 11; (1), (5), and (15) amended, (7), (8), and (9)
repealed, and(18) to (24)added,pp. 496, 502, §§ 12, 23, effective July 1. L.91: (16)amended,p. 1057,
§ 11,effective July 1. L. 97: (17) amended,p. 143, § 1,effective March 28.
Cross references: For the"Federal Mine Safety and Health Amendments Act of 1977", see 91 Stat 1290, 5
U.S.C.A. §§5314 and 5315,29 U.S.C.A. § 557a, 30 U.S.C.A. §801 et seq., and 43 U.S.C.A § 1456.
ANNOTATION
State law not superseded by licensing ordinance.The state has a clear concern in ensuring that Colorado
electricians have free access to markets throughout the state, in eliminating duplicative and expensive licensing
and in establishing a statewide policy on the required competence of electricians, and therefore the licensing
ordinance of a home-rule city could not supersede state law. Century Elec. Serv. & Repair, Inc. v. Stone, 193
Colo. 181, 564 P.2d 953(1977).
Masters duty to direct and control work done under his license. Although subsection (10) does not
provide literally for vicarious liability of a master electrician, there exists a relationship between a master and an
electrician working under the master's license which imposes upon the master the duty to direct and control the
work done under his license. Stocker v. Stitt,643 P.2d 793 (Colo.App. 1982).
®2004 by The Committee on Legal Services for the State of Colorado and Matthew Bender& Company, Inc., a
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r LAW tvtht &
COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS FEBRUARY 5, 2005 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A
SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT
FACILITIES INCLUDING SAND AND GRAVEL MINING IN THE (A) AGRICULTURAL
ZONE DISTRICT
KIM OGLE
Name of Person Posting Sign
Signatuerson Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me th•is day of Pi'1 /Lfak_ , 2005.
WITNESS my hand and official seal. 11
f 1 /i
otary Public
i�� EXHIBIT
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