The URL can be used to link to this page

Browse Search

Home My WebLink About20051200.tiff LEEBURG & ASSOCIATES 707 Hawthorn Avenue 0 Suite 207 0 Boulder, CO 80304 0(303) 442-2428 February 14, 2005 Mr. Chris Gathman, Planner II Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Re: AMUSR- 1416 Dear Mr. Gathman: As a follow up to AMUSR- 1416 approved by the Planning Commission on January 18, 2005, the following are provided: • Plat: Two paper copies of the amended Plat for preliminary approval. • Screening Plan: As indicated on the amended Plat, the Applicant proposes no fencing and minimal landscaping. The buildings shall be unobtrusive, earth tone pre-engineered steel buildings. Rapid growing, deciduous"aus" trees are planned along the north side of the AMUSR site to serve as a visual buffer and as an amenity. In the northwest corner of the site, over the septic field, low/no water use, natural landscaping is planned. Signage shall be limited to that required for emergency services and mail delivery. • Parking: Parking spaces shall be gravel surfaced with 6' x 6" concrete bumpers, nominally 9' x 21' in size with 1-handicapped (13' x 21') space. The office area will be 50' x 50' or 2,500 sq. ft., requiring I space per 500 sq. ft. or 5 spaces. Given the equipment staging space is not employee or client intensive, it is felt that 1 space per 1,000 sq. ft. is grossly over stated in that ultimately some 37 spaces would be required in addition to the 5 office spaces. One space per 5,000 sq. ft. seems more reasonable or 7 additional spaces (12 total). The Applicant is willing to install 12 spaces initially even though full build-out of the buildings will not occur for some time. • Offsite Improvements Agreement: A Road Maintenance& Improvements Agreement has been executed by the Applicant and tendered to the Weld County Public Work Department (copy attached) for dust suppression on WCR 18. • Access Agreement: Even though a platted ingress/egress easement is indicated across Lot A of Recorded Exemption 3589, a separate easement has been executed and recorded to further document the right-of-way. • Waste Handling Plan: A Waste Handling Plan (copy attached) has been submitted to the Weld County Department of Public Health. WENT 2005-1200 Mr. Chris Gathman, Planner II Weld County Department of Planning Services February 14, 2005 Page 2 The Applicant further intends to comply with those other stipulations prior to building, permitting and occupancy, as approved by the Planning Commission. If questions arise, kindly contact me at 303-947-0791. Respectfully submitted, Linn T. Leeb _ Enclosure cc: Ms. Ann M. Stonebraker Ms. Judy Fulkerson Ms. Bev Snyder • fg.4. A tte•-s S .Sc/` •.rs 60 ,.0* %/7 ----- 4-____ ___ _f____ , io J �61 i O ----_14 __ ___A ... —. .1� 1�/ 59, Se �l ci �; r-/ 3 S � ' t z � s I 60 1T° 11'120'1 :• Pr • , 1---'''Ht-LL; xz __..... isid f 1- 4 qlo I La,le5 tom` - --5S 30� , Tr I Rol i 4 -.--4. ___,____ ji,,,*.._ II 41 2. i 4t- —1—, \1/4 - -t- • __ ___________ iet_t4L____ 04. le / r♦ r ♦. i /D -- -- -....._--- , �.�I5 f _Ii IQ 9, ce---> 14 1 3' ' i .___ . - 4. 36 , __ +- tillf 0 0'L -- oft- ..r•, AP ./!tom -QV' COUNTY OF WELD,STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of _, 2005,by and between the COUNTY of WELD STATE of, hereinafter called"COUNTY"and Ann M. Stonebraker,hereinafter called "STONEBRAKER". WHEREAS, STONEBRAKER has been granted a Weld County Amended Use by Special Review (AMUSR- 1416)for an Equipment Staging&and Storage Facility in the NE 1/4 of Section 28,Township 2 North, Range 64 West of the 6th P.M. WHEREAS,the AMUSR generates an increase in vehicle traffic,and WHEREAS, the existing County roads that serve the AMUSR will require increased maintenance and improvement due to the increase in vehicle traffic and WHEREAS, the COUNTY and STONEBRAKER have reviewed maintenance and improvements proposals put forth by STONEBRAKER and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said AMUSR. NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,the COUNTY and STONEBRAKER agree as follows: 1. Term: The term of this Agreement shall be from the date first written above to and until Weld County Road 18 is paved. 2. Location:The county road that serves said AMUSR is WCR 18. 3. Improvement and Maintenance to WCR 18: A. The COUNTY shall be responsible for general maintenance, including grading and snow removal. The COUNTY shall be responsible for the preparation of the road base prior to the application of the dust suppressant chemicals described in 3B herein. B. STONEBRAKER shall apply dust suppression chemicals(magnesium chloride or calcium chloride)on said road as determined by the Public Works Department at 26536 WCR 18 twice a year or as needed, applying for approximately 300 linear feet in front of the existing home along WCR 18. The first application will be after issuance of the certificate of occupancy. 4. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 5. Indemnification: To the extend authorized by law, STONEBRAKER agrees to indemnify, save, defend,and hold harmless COUNTY from any and all liability incurred as a result of acts, omissions,or failures to act by STONEBRAKER in performance of the duties set forth in this Agreement on those portions of said roads described in this Agreement. The term liability Road Maintenance and Improvements Agreement AMUSR- 1416 Page 2 includes,but is not limited to,any and all claims,damages,and court awards, including costs, expenses, and attorneys' fees, incurred as a result of any act or omission by STONEBRAKER and its employees. 6. Modifications and Breach:This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modifications,amendment, novation, renewal,or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever,unless mutually agreed upon in writing by the undersigned parties. No breach of any term,provision,or clause of this Agreement shall be deemed,waived,or excused, unless such waiver or consent shall be in writing or signed by the arty claimed to have waived or consented. Any consent by any party hereto,or waiver of, a breach by any other party,whether expressed or implied<shall not constitute a consent to,waiver of,or excuse for any different or subsequent breach. 7. Non-Assignment: This Agreement shall not be assignable without prior written consent of COUNTY or STONEBRAKER whichever is the non-assigning party. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY,COLORADO By: By: Deputy Clerk to the Board ANN M. STONEBRAKER By: Ann M. Stonebraker • ACCESS EASEMENT AGREEMENT This Agreement is made this day of , 2005, between Larry A. and Judith S. Fulkerson (Grantors) whose legal address is 26536 Weld County Road 18, Keenesburg, CO 80643 and William N. and Ann M. Stonebraker and Stonebraker Rocky Mountain Fireworks Company(Grantees) whose addresses are 4502 WCR 11, Dacono, CO 80514 and 5445C North Federal Boulevard, Denver, CO 80221, respectively. For and in consideration of Ten Dollars ($10) and other good and valuable consideration, Grantors hereby grant to Grantees, their Successors and Assigns, a permanent non-exclusive access, ingress and egress easement through Lot A, Recorded Exemption 1305-28-1 RE-3589 (RE-3589), Reception 3097960, which is a part of the NE 1/4, Section 28, Township 2 North, Range 64 West of the 6"' Principal Meridian, County of Weld, State of Colorado. Said easement is more particularly described as: Beginning at the northwest corner of Lot A, Recorded Exemption No. 1305-28-1 RE- 3589; thence S. 89° 56' 43" E. a distance of 53.24 feet to the true point of beginning; thence S. 89° 56' 43" E. 30.00 feet; thence S. 00° 21' 35" W. a distance of 350.00 feet; thence N. 89° 56' 43" W. a distance of 30.00 feet; thence N. 00° 21' 35" E. a distance of 350.00 feet to the true point of beginning; the foregoing being coincident with that 30' Ingress& Egress Easement "' recorded on the RE-3589 Plat. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. GRANTORS: By: By: Larry A. Fulkerson Judith S. Fulkerson STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me by Larry A. Fulkerson and Judith S. Fulkerson as Grantors, this day of , 2005. My commission expires Witness my hand and official seal. Notary Public EH-I4-ZUUb IlUN U1:bd rn ENV'RUf1 ncru.iR °car Luc° oivaunuitl Feb 14 05 07:58a p.! • LEEBURG & ASSOCIATES 707 Hawthorn Avenue o skits 207 0 9oidder Co 80304 0(3(B)442-2428 February 14,2O05 Ms. Charlotte Davis Environmental Health Weld County Department of Public Health&Environment 1555 Noah 17s Avenue Greeley,CO 60631 RE: AMUSR- 1416 Dear Ms.Davis: In response to the stipulations of the approval of AMUSR- 1416,following is the Waste Handing Plan for the Stonebraker Equipment Staging&Storage Facility. YK1i16 autNivat.PUn A Wastes to be generated-Normal office and waretousins wastes incluimg cardboard. • packing and ping mastoids. Approximately 1 cubic yard pa week is generated and is disposal of by a refuse service company. • B. Chemicals stored on site: None C. The refine service provide will likely be Grey Brothers,phone-303-7324209(address unknown). • Approval of the foregoing is respectfully requested. If questions arise,please call me at 303-947- 0791. Sincerely, Limn T.• gy ( 2aL € } / `^ au tbtnrFa>rNote 7671 or'Fwfo(�a� . Date_ fujn 144 t< . Tech 1.[1 / .`Ina. 0 FranJ*v "�Flumes fax t3n3) wq 5 Fm. 1-494- BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS February 28, 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, Chris Gathman, 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_AMUSR-1416 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this day of / J i.i' tt , 2005. WITNESS my hand and official seal. ' � 1 Notary Public L 1 My Commission Expires: feid\A 051 RB r W... lam` ,, r * [ J (.£W } er a x+4 .A. "R"' S , ?7,j r 4� yy •its•^"?,. art•o- #'s ..a*a • r 'a aMre^x »+"' �, s r 4'0410 =yyv }_iT/' t„ r " y. .N t ' t ;. ,' ",, .a..yur � X ikci 'Y' Tb��7. A l , l , � #1{84. # C {L ;-+t'f fv" M'Lw "4ytxxr #ryy' +t rr.`� A7kL�kl ff� '}'� "q4 " "T` bT Y t• rnY fix i S�y1� J�y1Y tt r' IuIL+*A" V v! tb w ,�R kYB'J rr^-7'`J� '"...`" t t� ♦yY♦�� Ayyr T�m"E.r.b .4# t�r v >M 5"`.Yw. .e ✓ ,�"' :`ar' a .oat r tk t# £ ...r 1:.. 1 ry1006 "'1 r'*�' M# 4 "'�"'4M+14H{�"'Gk-Fw�tr. ';t� k .{� -.:.r #t,& r M ;^'i. � k '< i"'A y,^':H i n "� ;ith r p"�t;33 :..1: 7Y}k J"f ik , 4" a ,Jµ} T, "++ ` is n .�Ar5N yw,u iN mp' J 'r � �r , t1riI * I n' r* •1ari ;;t! � ,� 1'rZ ',it?" i.�:. y` ' " ' I' `��t,,„,:,.....-...1,47.e F ^ rvK".5 �`'�+`�'°""+�af,t �e -��`r'tt** *Jr,S,2-` .,.� .*r."`t .,✓N' ,�„ v r# 4 4. •r •". , t :11,i ii,, f", u ' a`'^. .w, 'ti: mil" '.^`rrs °+p 'b' -- : - -N >p}� 3"i x. ^'nM Yrr a r 7 .b s �;`: 'ry '�� " , d''" �,,,}`_ '477:4;:k454:‘, X : , . ;:;:k:',1:4";"*. .all» f�'w liFe` ./'t[ l;;;✓5 A".. »r✓w ;' 1 ' `A "" 5• r ""sue Kr a7: w;` T:44::tial nn[ua "yr�r/�.f �/ 4Iti:r C' 'Mw'a4 ter, i#.. .. .+ .Y L . Page 1 of 1 Chris Gathman From: Chris Gathman Sent: Thursday, March 10, 2005 9:06 AM To: 'cmernst@MMLLC.com' Subject: AMUSR-1416 (Stonebraker) hearing dates For your information the hearings for Stonebraker (AMUSR-1416) (adjacent to County Road 18 & east of County Road 53) have been rescheduled. The Planning Commission hearing will be held at the Weld County Greeley Planning Offices (918 10th Street) on April 5, 2005 (see attached notice). The Board of County Commissioners hearing will be held on the following week on April 13, 2005 (915 10th Street). Chris Gathman EMIT j40 03/10/2005 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS April 3, 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,Chris Gathman, 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 AMUSR-1416 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD tn The foregoing instrument was subscribed and sworn to me thisL� day of / �I9i , 2005. WITNESS my hand and official seal. YYY tOOLIC14 1114. Notary Public My Commission Expires: /661 4.41111, « v. %. , \/ ~ ° ® / T. \ \ , < ? r\ \ \ viiii, ' § ` � : . & . \ y si,i § :. . y §cc // . .2 A _ « : t dr» y; y. : \ » y ( 1*r. % 2 © « * \ ^ " . \ \ < : « . . ; z ^ © 44 ? . § y 61 is.5.4 . y; P22 . 2 2095 eta 21 North 1st Avenue,Suite 290 trti Brighton,CO 806(11 John R.Mehafty Phone 3113. 59 0731 Margaret R.Brubaker,LLC Pax 303.6659.(1752 ''ristopher M.Ernst MEHAFFY BRUBAKER & ERNST ILIAC Attorneys and Counselors at Law April 13, 2005 VIA FACSIMILE & HAND DELIVERY SIX(6) PAGES TOTAL Mr. Chris Gathman, Planner Lee Morrison, Esq. Weld County Dept. of Planning Services Weld County Attorney 918 10th Street 915 10th Street Greeley, Colorado 80631 Greeley, Colorado 80632 Fax: 970-304-6498 Fax: 970-352-0242 Re: Stonebraker, Case No. AmUSR-1416(the "Application") Dear Mr. Gathman and Mr. Morrison: Greetings. This is further to my letter dated April 4, 2005, regarding the above-referenced Application. This office represents Weld County residents Jim and Helen Ries, Nelly and Don Morgan, Randall and Christine Curl, and other interested neighboring landowners who oppose the Application (the "Opponents"). It is our request that you please forward a copy of this correspondence tc the Board of County Commissioners for consideration. The Opponents object to the operation of new and additional fireworks processing and production facilities in the A(Agricultural)Zone District,and contend that the Application does not comply with the Weld County Zoning Ordinance and Comprehensive Plan. As such, and because the Applicant is required to demonstrate compliance with all applicable codes and regulations, the Application must be denied. Section 23-2-220 of the Weld County Code states that the Board of County Commissioners shall approve the Application only if it finds that the Applicant has met the standards or conditions of Section 23-2-220 B, Section 23-2-240, and 23-2-250 of the Code. Under Section 23-2-220, the Applicant has the burden of proof to show that all County standards have been met,and in particular the Applicant shall demonstrate: • That the proposal is consistent with Chapter 22 of the Code (Comprehensive Plan); • That the proposal is consistent with any other applicable code provisions or ordinstnces in effect (the International Building and Fire Codes, for example); 1 Iri1BR use \y1b • That the proposal is consistent with the intent of the Agricultural District; • That the proposed uses will be compatible with existing surrounding land uses; • That the proposed uses will be compatible with future development of the area; and • That there is adequate provision for the protection of the health,safety and welfare of the inhabitants of the neighborhood and the County. Comprehensive Plan Compliance. The Application is inconsistent with the Comprehensive Plan because it proposes to convert Agricultural land to nonurban Industrial uses, in an area where Agricultural and rural residential uses predominate, and where there are insufficient roads and fire protection infrastructure to adequately support the Applicant's uses. In our view,the Applicant has not demonstrated that the Application is consistent with the Comprehensive Plan. Section 22-1-50 of the Comprehensive Plan states that"Industrial development that is not directly related to agriculture is intended to be located inside municipalities or in areas that can support the activity with adequate services and facilities." The Section further states that"Industrial uses directly related to agriculture may be accommodated in agricultural areas." Here,it is undisputed that the storage,handling,assembly and transportation of fireworks are completely unrelated to agriculture. According to the Comprehensive Plan, such development is intended to be located in municipalities, or in areas where adequate services and facilities exist. Section 22-1-50 of the Comprehensive Plan further states that"conversion of agricultural lands to nonurban uses will be accommodated only in areas that can support such development with adequate facilities and services." It is the Opponents' position that adequate public facilities and services do not exist in the area, which is rural and agricultural. Most notably, there is little if any existing or planned fire protection infrastructure, and there are no paved roads accessing the Site. The nearest fire hydrant is miles away, and the Applicant proposes to regularly transport explosives along County Road 18, which is a dirt road with an uneven"washboard" surface. This is a recipe for disaster, not only because of the inherent dangers associated with transporting explosives, but also because WCR 18 is frequented by inexperienced truck driving students operating heavy trucks from the nearby truck driving school. It is undisputed that the Applicant shall generate increased daily vehicle trips (up to 80 per day),and the Opponents are understandably concerned that the more frequent transport of explosives must not jeopardize the safety of regular neighborhood traffic, including school buses and police, fire and emergency response vehicles along WCR 18. The Comprehensive Plan is an ordinance. Pursuant to Section 22-1-130, its"written policy statements are specific guidelines for public planning decisions." Under Section 22-2-60, Agricultural Policy Statement 1.3,Weld County may"allow commercial and industrial uses,which are directly related to, or dependent upon agriculture, to locate within the A (Agricultural) Zone 2 District when the impact to surrounding properties is minimal, and where adequate services and infrastructure are currently available or readily obtainable." Again, the Applicant's proposed uses are not related to agriculture, and the impacts to the surrounding properties are measurable and intense from a local traffic and safety standpoint. There is no reliable fire water currently available or readily obtainable for the Site,and WCR 18 is unpaved and paving is not planned. How can such circumstances provide safe passage for transporting explosives? Finally, Section 22-2-150 A, Industrial Goal 1, states that "conversion of agricultural land to industrial uses will be encouraged when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area or I-25 Mixed Use Development area, urban development nodes, or where adequate services are currently available or readily obtainable. This goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between uses in the A (Agricultural) Zone District and other zone districts that allow urban scale uses." As far as the Opponents can tell, the Site is not within an IGA area or other growth and development area. More importantly,the Comprehensive Plan specifically recognizes the inherent incompatibilities between Agricultural and Industrial uses. On this issue, there was specific comment by Planning Commissioners at the April 5th Planning Commission hearing, to the effect that the Applicant's proposed uses are in fact incompatible with surrounding land uses. Other Applicable Codes or Ordinances. There are a host of local,state and federal codes and regulations governing the storage, handling, assembly and transportation of fireworks. Under the Weld County Zoning Code,the Applicant is required to demonstrate that its Application is consistent with such codes and regulations, prior to approval. In this case, Weld County officials testified at the Planning Commission hearings that the County has adopted the uniform codes known as the "International Codes." There was also testimony that the International Building Code ("IBC") requires the Applicant's structures and facilities to be fire sprinkled,and further testimony from officers of the Southeast Weld County Fire District that the District would soon be adopting the International Fire Code("IFC"),which has been adopted by the County. It is therefore our position that the IBC and IFC apply to this Site. The IFC contains an entire Chapter (at least 17 pages) dedicated to the safe storage, manufacture,handling and transportation of fireworks(IFC Chapter 33,Explosives and Fireworks). In particular,Chapter 33 addresses setbacks and safe distances for fireworks storage and processing facilities,and governs the manufacture,assembly and transportation of fireworks. There is still some question as to whe:her the Applicant's proposed uses constitute"manufacturing,"but it is undisputed that the Applicant shall store, handle, assemble and transport fireworks at this Site. Section 3 305 of the IFC regulates such activities in detail, and specifically references the 3 National Fire Protection Association Code, NFPA 1124:Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles("NFPA 1124"). The NFPA 1124 is comprehensive (at least 75 pages), and in turn, specifically references still other codes and regulations, including but not limited to the Code of Federal Regulations ("CFR"), used by the Bureau of Alcohol, Tobacco and Firearms ("ATF") and the U.S. Department of Transportation ("USDOT"), which agencies both have jurisdiction over the Applicant's proposed uses. IFC Chapter 33, NFPA 1124, and the CFR are, in themselves, complicated, lengthy and comprehensive codes of regulations. The Applicant does not dispute that its proposed activities are governed by such additional regulations,but still has not demonstrated how or whether the details of its proposed activities, or the Application, are and shall be consistent with such regulations. Under the Weld County Code, the Applicant shall demonstrate that the Application is consistent with these regulations. Although the Applicant has represented that it shall faithfully comply with all applicable regulations,the Applicant's promise alone is not enough under the Weld County Code. What is required is for the Applicant to meet its burden of proof in this case. In the absence of such a showing, the Board may not approve the Application without committing error. It is not the Opponents' duty to demonstrate the inconsistency of the Application in light of applicable codes and regulations; it is the Applicant's duty to demonstrate consistency. Therefore, the Opponents respectfully request that the Board must hold this Applicant to its burden of proof under the Weld Caunty Code, and demand that the Applicant fulfill such burden. Intent of Agricultural District. Section 23-3-10 of the Weld County Code states that"the A (Agricultural)Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses....The A(Agricultural)Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County" Fireworks handling, assembly, processing and transportation are completely unrelated to agriculture, and are therefore inconsistent with the intent of the Agricultural District. In addition, such uses are inherently dangerous, and the Applicant has not demonstrated compliance with the broad and sweeping safety codes and regulations referenced above. For the Board to approve the Application under such circumstances would constitute error, and would seriously jeopardize the heath and safety of County residents, including our clients. Compatibility. The Applicant proposes to locate inherently dangerous uses immediately adjacent to existing Agricultural and rural residential uses. The uses proposed by the Applicant are substantially different and much more intense and dangerous than the surrounding uses, and are therefore incompatible. This is a farming and residential area. Notwithstanding,the Applicant proposes unreasonable hours of operation that are better suited to a commercial or industrial area. Although the 4 Comprehensive Plan sometimes allows "low intensity" commercial or industrial development in Agricultural areas,the Applicant's proposed uses are inherently dangerous. As such,the Applicant's uses are not"low intensity," either from a fire safety and hazardous materials standpoint, or from a safe handling, local traffic and safety standpoint. Health and Safety Concerns. The Opponents and the Applicant seem to agree that there are a host of regulations governing the safe handling and transportation of explosives. To its credit,the Applicant has testified that it shall faithfully comply with all applicable fire and safety regulations. If that is the case, then the Applicant should be able to clearly explain its activities in detail, step-by-step, today. The Applicant should also explain the specific regulations applicable to each step of the fireworks assembly process, and demonstrate how the Application and proposed uses shall comply with such regulations. It is the Opponents' position that the Weld County Code requires the Applicant to make such a showing before the Board may approve the Application. For health and safety reasons,the Weld County Comprehensive Plan mandates that adequate public services must be in place or readily obtainable at the Site, in order to support the proposed development. Section 22-3-40 of the Comprehensive Plan outlines the general requirements for public facilities and services, and specifically addresses the availability of adequate water, transportation, and fire protection. Similarly, Section 23-2-240 of the Weld County Code requires the Applicant to demonstrate that the Site possesses "adequate water service in terms of quality, quantity and dependability," and "adequate fire protection measures." The Opponents live nearby,and know that there are limited services available,most notably insufficient water, fire protection, transportation, and emergency response services for the Applicant's proposed uses. The facilities and services currently in place are minimal and Agriculturally based, and as far as we can tell, the Applicant will not furnish additional services. The Volunteer Fire District in this area does a fine job,and is supported in all respects by the Opponents. At the same time, the District has limited manpower and resources available to it, and has not even had time to adopt a proper Fire Code. In our view,approving the Application will place additional burdens on the District's already limited resources. The Applicant's one(1)commercial well permit,yielding approximately one-third of an acre foot of domestic water per year,will be insufficient to provide adequate fire suppression in the event of an explosion or fire at the Site, which could be catastrophic. Weld County Building Officials testified that the proposed new warehouse buildings will require the installation of fire sprinklers, and the Applicant has not demonstrated how or whether its commercial well can support such requirements. Based on the foregoing, and because the Applicant has the burden of proving that the Application is consistent with the Comprehensive Plan and Zoning Ordinance; is compatible with surrounding rural residential and Agricultural uses; and contains adequate provisions to protect the 5 health, safety and welfare of the neighborhood and County, the Opponents respectfully submit that the Application should be denied. Thank you for your consideration. Very ly yours, M FY B R& ERNST, LLC Christopher M. rnst cc: Jim and Helen Ries Nelly and Don Morgan Randy and Christine Curl 6 ' ' • y, r. EXHIBIT I L PmUS2 #i4tco titis wa `Kd j g zip i! y3: 11.4 � a+. yys t -� (}yam I of tt'`f $ , Jy l i I !* 4,i;; 4,:'I t .;Ik ,) "t:rr'kti' it" ;l � *t-s-'s—sr - sift' i i . :,I,:.- is : :1 4 0 i 4 it if °} l fj(p,, t 4 1/1 '- (if 41 .al i. II&,,— l 1''" a ' 8A )( c ! t 1 4. , I ; 1.; ; ;s.r i . fi d j M * * I • i i,y y { F X P t,. J rt ',..', -'. . ai 3A tr Yl sr 1 ' SSyIicW nH£IE"9k+r 1 vu �*. • --_ ' k ,Y a Y YJ Ix a i 'esa. V 1 . a L _ yF' t. 14 �xx 'a E I .. C k't��, 4�. 1 1 i I I,Y e ci # area 5 I * if Y I A 4 9. �x\I 6 _ _'7l .. i is ; � I1`' � a � Y M0 t. I. a 1 4 d .e... 4x v (� Ir m. 1 8IL 11{k I I 4,4 14 1 k 7 [, , 4f'il r� � �- E ., ti It --- ' It'..., " ? if, 4, .44;t;E rail1 {{11Y h*'4. a L 1 i 1 I ((;$$, P a '9 ter" ,e ' r e 4 4.b cs }} 1 33$5 )d4 i ( $. yy . 1J F 1 ♦' i 4• N h g cL I t 4 % -ft7 • i 1�r �x.� � ��i iiil , .411.!..,,,,,,i, ;,....1.:.,:t ',,,,,?4,i4. A 9 �11 t �,q ¢¢� jR y n lirrr 22 i a R C. " tk t,1�''';‘,1,-,1'. fi '4 ^2 3�`5 4 f 1 mf � A �• 5n i y -,4,,,,,•'-'—,, 3„ :, t� i(� 3r ep boy If !4 '''-',1.-.: L Y �a— s . z A $(‘,57,...-,,..„:„.... . w tee. _yy,57,. :a.. .- a �� t 1 \144 RT ' ' d J„ !. _ ✓, i[ ! P ' 4 Y A�'I - , • 't,iii� v x . M 1 pj` a 4.. {( • \ - if Ito;',. { 'a • _ 1' iii � � Y { ,-4, i•5IF � •" yam, .. 4 � � Dear Board of Commissioners, Thank you for taking the time to hear us voice our concerns. I want to start off by saying I am disappointed in the planning board. After all the evidence they heard that shows so many reasons why it is just a bad idea to have a fireworks factory-distribution center or whatever you want to call it on this agricultural property. I want to first start off by addressing the issue that the Stonebrakers went to all the neighbors 2 years ago and told them this was only going to be a storage facility, and that they had no intentions of anything else. At the planning board they said their 10 year goal that they set 2 years ago was to move the business to this location. Not only did they lie to you but to every one of their neighbors. If this firework factory goes in this will be a direct effect on what I can do with my Land. I work for a non-profit agency called the Griffith Centers for Children. This was founded by Emily Griffith. We are a RTC/Foster care center for kids ages 0 to 21. We have equine facilities and they put on varies rodeo events each year to help raise money. It has always been my hopes that when we complete our arena and finish getting setup that I could be a sponsor of these roping and team penning events. I would not be able to this with the fireworks factory so close to our property because the kids would not be allowed to be this close to explosions. Also I presented to the planning board the fact that the Stonebrakers where in trouble with the U.S. Consumer Product safety Commission. I have pulled more information up on this and would like to read it. They told the planning board that they were randomly picked. This report shows that they were under surveillance not randomly picked. This will now be two times they did not tell the truth. The Stonebrakers also said they were in compliance with all the laws. According the Department of Public Health and environment they are not. There is no report found in 2004 or 2005 that shows that have filed the Sara Title 3 Section 3.12a Tier II Report. No report was filed for any of their properties in 2004 or 2005. The dead line was 3/1/05. This report must be filed by anyone who has Hazardous material of 10,000 pounds or more of explosives. The EPA is the department who will be enforcing this rule. They were not able to make it today but we do have a meeting set up with them. Now on to subject of safety. At the planning meeting the fact that a sprinkler system would be required was also stated. They do not have the water resources to do this. They said they don't feel that sprinklers are a benefit. It makes me wonder if they are in compliance at their Dacono site. The fire department stated that they would not enter their land if a fire occurred. They would only evacuate the neighbors and try and save their properties. There are gas tanks on each end of their property. There is one at the trucking school and numerous more on the route to the highway. Also please note it is 3.2 miles to get to the highway if going to the west entrance, and it is 2 miles if going to the east towards Keenesburg. The trucks that haul the gas go up the same road on their property that they will be hauling explosives out of Also you have truck drivers that don't have a clue how to drive 18 wheelers on the road. Also what about our animals? Do you think all that dust would be good for their lungs. There are horses, cows, dogs, cats, chickens, and goats all along this road. Watt mop I . I(n The fire department is located in the town of Keenesburg. There are railroad tracks between the fire department and our land. The time it takes them to get to us will depend on if there is a train on the tracks or not. Our fire department has not adopted the National fire code at this time. They stated they were working on it. Also there are no fire hydrants anywhere near our properties. I can't begin to tell you how many grass fires there have been around the Keenesburg area because all the farmer's bum there ditches to clear them out. I have a lot of material on factory fires and on injuries from fires. I have a copy of a black powder can that's states right on it explosive. The Stonebrakers said it would not explode. I think everyone knows explosives exploded. I cannot say enough good things about out fire department but this is not an area they are equipped to handle. There are 62 pages of rules and regulations that the Stonebrakers need to be complying with. Please remember that you have been elected to make sure the safety of the community you implement plans in can be met. Can you honestly do this in this situation? I believe you cannot, and I urge you to stop this now. Thank you for your time. Nelly Morgan 26731 WCR 18 Keenesburg, CO 80643 Importer Ordered To Test Fireworks Shipments For Safety Page 1 of 2 NEWS from CPSC U.S. Consumer Product Safety Commission Office of Infoumabon and Public Affairs Washington, DC 20207 FOR IMMEDIATE RELEASE CONTACT: March 22, 1990 (301) 504-7908 Release# 90-054 Importer Ordered To Test Fireworks Shipments For Safety vasHI GTUN,D-C.-The U.S-Conasner Product Safely Commission(CPSC)today amonced that the Governed has obtained an*beckon requiring a bhemrorks i porter b test samples of at consumer fireworks it imports into this comer Fobwig a that US_ District Judge R Allan Edgar,of the Eastern District of Tennessee imposed the order on L.W. Loyd Company,Inc.of Sat Pittsburg,Tennessee. This trasales case,USA.v. LW Loyd Company,Inc_and Lew W.Loyd,individually(ED-Tan,CIV-1� 452),was one of sir tied so far by the.Ihsbce Department on behalf of the CPSC in Federal courts around the comely.The Govemnet has readied setldnenfs*the fee ramming cases,so that those fseworks importers will similarly be requied to lest samples of Mar products. By aamiing beadle at the lime they enter U.S.Customs territory,CPSC fond L.W. Loyd had imported sane nine am violative fireworks.Time devices—We those imported by the other be Errs—oonfabed too much pyrotechnic powder,were astable,had fuses that burned too abets,a too fast add:died inadequate cautionary labeiag,a otherwise fated b comply at the CPSCs safety regulations In a typical year,approximately 10000 injuries are caused by at types of bewotks. An estimated 60 percent of these injuries are canoed by'Class C fireworks.These are beworks sold to consumes in sane stales and the ones at issue in this ifrgabom. Needy all Class C fireworks sold in this county we imported from Chita The L.W. Loyd Company argued unsuccessfully that t ad not violate the taw and that the Gummier*was discriminating against the tom by seeking to impose testing requirements not imposed on other beworks importers The Cast nevertheless ddesed LW Loyd to inane matey start testing 20 samples from every fwewnks shipment,and to repot at failures to the CPSC. The Court found the extensive twig program necessary"lo stem the flood of nonconforming fireworks devices rAhimih p_.w. Loyd is)importing to this country from China.-LW Loyd had darned to bit control over the foreign production process,but the Cast ruled that'll*vagaries of Chinese nanndactwig do not mime the defandarls of their obigabahs wider federal lay.' The five fireworles importers that reached settlement agreements with the Government are BA Nan Company, Inc.,Youngstown,Ohio;Wino)Fireworks Inc.,Lemma, Kansas;Stnbraher Rocky Mountain Freworte Co., Dauer,Colorado;South Calcine DisYbubrs,diem, a Falls, South Cambia and Red Racket Fireworks Co., Inc Pondelloula,Louisiana. Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jaisdiia► Deaths,injures and popery damage bun consumer product incidents cost the nation more than$700 boon amraty.The CPSC is coramyed to outstare consumers and families tom http://www.cpsc.gov/CPSCPUB/PRERELIptitml90/900541ffiil 411W2005 CPSC Files Suits Against Five Fireworks Importers WASHINGTON, DC. —The U.S. Consumer Product Safety commission has announced the filing of five lawsuits seeking preliminary injunctions against importers of hazardous fireworks. on behalf of the Commission,the U.S. Department of Justice is asking federal district courts to order the firms to test the fireworks they import for safety. The firms,their locations,and the judicial districts are: B.J. Alan Company, Inc., Youngstown, Ohio,Northern District of Ohio; Winco Fireworks Inc., Lenexa, Kansas, District of Kansas; LW. Loyd Company, Inc., South Pittsburg,Tennecser, Eastern District of Tennessee; Stonebraker Rocky Mountain Fireworks Co., Denver,Colorado,District of Colorado; and South Carolina Distributors,Inc.,Cherokee Falls, South Carolina, District of South Carolina The Commission alleges that the firms have all imported fireworks intended for use by consumers (sometimes referred to as "class C" fireworks)that were banned or misbranded because they failed to comply with federal safety requirements. After being notified by the Commission of numerous violations,the five firms continued to import such violative fireworks as firecrackers, fountains,and aerial devices. The violations have ranged from excessive pyrotechnic powder and improper fuse attachment to instability and inadequate warning labels. Most of the violations which support the lawsuits were discovered during an import surveillance program jointly operated by the Commission and the U.S. Customs Service. Since the program began in 1988 approximately 375 million units of illegal fireworks,valued at approximately$25 million, have been stopped at the docks before they could be sold to American consumers. Over 10,000 injuries associated with all types of fireworks were treated in hospital emergency rooms during 1988, based on Commission estimates. Half of these injuries were to children under 15 years of age. Approximately 90%of the fireworks used annually in the United States are imported. efs http://injury.findlaw.com/defective-dangerous-products/recall.feeds/cpsc/1 98 9/09/8 9090.ht... 3/14/2005 • 4/5/05 Attn: Planning Division and Board of Commissioners, According to the Department of Public Health and environment the Sara Title 3 Section 3.12 a Tier II Report is to be filed with the Colorado Hazardous material division if you store 10 thousands pounds or more of explosives on the property. If this amount was store in 2004 the report was to be filed by March 1 u 2005.No report has been found in 2004 or 2005 according to the Department of Public Health and environment for the Stonebraker Rocky Mountain Fireworks Storage location in Keenesburg. Tier II Hazardous Chemical Inventory Report Page 1 of 4 Sa Department of Public Health and Environme Department Home I About the Department I Certificates I Environment I Health I News Releases i Regulat Google Search Go„SIC C search entire web a search www.cdpl Sustainablilty Program SARA Title III (EPCRA) Tier II Hazardous Chemical Inventory Report • Tier II Form • Tier II Form Instructions • Confidential Location Information Sheet (for use only if information is confidential) • List of Colorado Local Emergency Planning Committees (LEPCs) • Tier II Submit Software Please Note: The Colorado Emergency Planning Commission (CEPC) follows the U.S. Environmental Protection Agency, SARA Title Ill regulations, thresholds, and due dates. Colorado also charges Pollution Prevention Fees for facilities reporting under SARA Title Ill regulations. Important Notice: Motor oil, antifreeze and diesel meet the OSHA definition of a "hazardous "ham in I" Contrary to what is being listed on a number of MSDS sheets from some oil companies, Motor Oil is considered a Hazardous Chemical by the Occupational Safety and Health Administration (OSHA). This letter from 1997 on the OSHA website was written in response to a memorandum stating that antifreeze, oil products and diesel were not hazardous. As stated, " . . Pp/statement about the Occupational Safety and Health Administration (OSHA) definition of a hazardous chemical is incorrect. In 29 CFR 1910.1200, OSHA simply states a hazardous chemical is any chemical which is a physical hazard or a health hazard. Antifreeze, oil and diesel are at the minimum irritants and, as such, would all fall under the category of"hazardous chemical." This memo, dated in 2002, from OSHA to Region 8 EPA, was written in response to later requests for additional information: " Based on the MSDS info and the OSHA position on the `reasonable expectation'being applied to the 1910.1200 standard, OSHA felt it would require coverage of the oil in both forms [new and used] tope regulated as a hazardous chemical." http://www.ednhe.state.co.us/el/sara/tierlIrenortc.html 4/11/2005 Tier II Hazardous Chemical Inventory Report Page 2 of 4 • Therefore, Motor Oil, Antifreeze, and Diesel are all considered a 'hazardous chemical'. and as such. are required to be reported on the annual Tier II reports when in excess of their Threshold Planning Quantity (TPQ). General Information Under SARA Title III (EPCRA), a Tier II Hazardous Chemical Inventory Report is required for every year a US EPA threshold planning quantity (TPQ) is exceeded. These reports are required to be submitted to the Colorado Emergency Planning Commission. the Local Emergency Planning Committee (LEPC) and the local Fire Department. Be sure to check with your Local Emergency Planning Committee (LEPC) for information concerning potential differences in deadlines, forms, or reporting thresholds. You may use either the Federal Tier II form (see above) or the Tier2Submit software to file with us. Use of the Tier2Submit software is strongly encouraged, but not required. Update -- TIER II Submit Software Tier II reports prepared with US EPA Tier II Submit software MUST be submitted as a HARD COPY (please include an electronic copy on diskette or CD as well) to the Colorado Emergency Planning Commission address as provided on the List of Colorado Local Emergency Planning Committees (above). The Submit software can be downloaded at http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier2.htm. Currently, electronic copies cannot be downloaded into Colorado Department of Public Health and Environment file systems, but we are working on the problem and hope to accept them in the future. Email submittal of Tier II files cannot be accepted at this time. Please make sure that the Company Name is included under the Facility Name field. Some previous submittals listed only the individual facility name, which made it difficult to determine the Company ownership. Reporting Schedule: If a threshold planning quantity (TPQ)for a chemical is exceeded during a calendar year (January 1 - December 31), this report is due to the Colorado Department of Public Health and Environment on March 1st of the following calendar year (i.e. calendar year 2003 reporting is due March 1. 2004). If a new chemical exceeds a threshold planning quantity (TPQ) or if significant new http://www.cdphe.state.co.us/el/sarthierlIrettorts.html 4/11/?005 Tier H Hazardous Chemical Inventory Report Page 3 of 4 information is determined about the chemicals at a facility, a Tier II (or Tier I) report — should be submitted to the three places listed below within 90 days. If a Tier I report is filed instead of a Tier II report, a Tier II form may also be requested. Tier II Forms- The federal Tier II form should be submitted as a hard copy to the state. Other forms required by Local Emergency Planning Committees will be accepted as long as all of the required federal information is supplied. As stated above, paper copies from Tier 2 Submit should be submitted along with an electronic copy. Required Information: The chemical name or the common name as indicated on the material safety data sheet (MSDS); an estimate (in ranges) of the maximum amount of the chemical present at any time during the preceding calendar year and the average daily amount; a brief description of the manner of storage of the chemical; the location of the chemical at the facility; and an indication of whether the owner elects to withhold location information from disclosure to the public. Threshold Planning Quantities (TPQ): Threshold planning quantities (TPQ) for Extremely Hazardous Substances (EHS), as defined by SARA, are provided in the US EPA Title Ill List of Lists. Please note that the threshold planning quantity (TPQ) for all of the Extremely Hazardous Substances (EHS) is either the threshold planning quantity (TPQ) listed or 500 pounds, whichever is lower. For any chemical that is not an Extremely Hazardous Substances (EHS), but is a Hazardous Chemical under the federal Occupational Safety and Health Administration (OSHA) regulations, and therefore requires the preparation and availability of a Material Safety Data Sheet (MSDS), the threshold planning quantity (TPQ) is 10,000 pounds. For Colorado facilities, completed forms (and any optional diskettes/CDs) should be mailed to the following three places: 1. Colorado Department of Public Health & Environment Colorado Emergency Planning Commission SARA Title III —Tier II Reports Mailcode: OEP-PPP - R2 4300 Cherry Creek Drive South Denver. Colorado 80246-1530 2. Your Local Emergency Planning Committee (LEPC) 3. Your Local Fire Department (Contact your Local Emergency Planning Committee (LEPC) to determine the contact for your local fire department.) Additional Instructions! . Please note reporting ranges are for pounds and not gallons, cubic feet, etc. Please convert all volume measurements (gallons, cubic feet, etc) into http://www.cdphesrate.co.us/eUsara/tierIIreports.html 4/11/2005 Tier II Hazardous Chemical Inventory Report Page 4 of 4 POI irkm • Also, please note that Reporting Range'00"was deleted as of June 1990. Any forms received containing this range will be returned. and a corrected form will be requested. • For annual reporting, the Tier II report should not be filed prior to January 1st, as the report should contain actual quantities, not projected quantities. Contact Information If you have any questions regarding Tier II reporting forms, please do not hesitate to email the Colorado SARA Title Ill program. For technical questions regarding Tier II reporting requirements, please email the Colorado SARA Title ill program, or call the EPCRA Hotline at 1-800424-9346. Additional information on the Tier II Hazardous Chemical Inventory Reporting: • EPA/ Preparedness - Emergency Planning and Community Right-to-Know • EPA/ EPCRA - Frequently Asked Questions • EPA / Chemical Emergency Preparedness and Prevention Office • Extremely Hazardous Substance List - Listed by Chemical Name • Extremely Hazardous Substance List - Listed by Chemical Abstract Service Number • SARA Title Ill - List of Lists - Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act (EPCRA) O Too Related links: [SARA Title III Program Overview I TRI Reporting I Colorado TRI 2001 Report] .a. htto://www.cdphe.state.co.us/el/sara/tier1Ireports.html 4/11/9ooc d BLACK RIFLE POWDER s -SUITABLE FOR MUSKETS PISTOLS & SHOTGUNS ? 1 ,, DANGER! EXPLOSIVE! YOU MUSP READ WARNINGS ON SIDE OF CAN! R- d This from canister contains black powder made otassium nitrate, 'sulphur and charcoal. Black powder is extremely flammable and black explosive.lo Keep away from heat,sparks and open flame. Sporting r ,. '-for nvder must be used only in Mack Powder firearms. Its use Y other purpose is hazardous rdous and not recommended. - #'F HANDLING PRECAUTIONS: ' •Loading-Use only approved loading methods and loading + Mien using GOEX Sporting Black Powder in original or 1 �. reproduction Black Powder np - 4' 3 Antique firearms-IF YOU DONT �: -i '— KNOW,CONSULT THE RA Handle with care. Avoid impact,friction,heat,sparks and " '. flame. open ,. '.; ,. . Prevent contact with smoking material. Keep containers lightly dosed when not in use. 1-- Prevent up any spilled powder.Use brush and dustpan. $�" tit Keep away from children. i >,, r. Wash hands thoroughly after : a Do not mix this powder with a powder of any other type. - Do not purchase or accept any GOD(black powder not in its r >'-: original container,factory-sealed. ,a r Do not dispense black powder directly from canister into firearm. . .. proximity D too not the firearm. r dispense a substantial amount of powder in chose Proti STORAGE PRECAUTIONS: •Nways store in a cool,dry place •—•Obey all laws and d k . r'q regulations regarding quantities of explosive ` material and methods of storage. •Do not store in the same area with highly combustible materials. ' �' T'i;, •Do not store within reach of children •Store only in GOD(-approved container. iS fi .- DISPOSAL: 2 •If disposal is necessary,black powder must be disposed of in accordance with all local,state,federal'laws and ' ' •Consult manufacturer for more details on dispo ulatians. s ` •Do not dispose of this container into fire. sY tyz Ibmdxlured By GOEX,Inc.fIAAPI-fMCet,GATE MINDEN,lA 71055 'Ara 1a U. I pin L >x 'P sA it rt{ rs fit I '_..: June 25 Page 1 of 1 1985 Hallet .Oklahoma. Explosion in firework factory kills 21. mipry • tiS , 2 4...Everything 4...Earthquakes 4_ ransportatnin 4— http://disaster.almanac.xs2.net/June/June_almanac/june-25.html 4/8/2005 ru-pa: necovery aver rtreworx ractory explosion Page 1 of 1 Rur.c,vrry aftt•e Firc•wi.►ik Fitetti 'y r;;ilios4ryie Following a number of major explosions at a firework storage depot in Kolding. South Jutland. Denmark in November an international team of 10 engineers from Arepa assembled to carry out } "" •- . restoration of CNC machinery. . '�.,.k. . :4 ' This recovery took place in one of the - few remaining factories not destroyed - by the explosions and subsequent fires. AU CNC machinery was contaminated with water and concrete dust and , required full disassembly to enable the cleaning works and repairs to be performed. . I., • The scale of the incident was enormous with as many as 350 buildings either } destroyed or damaged including private t1IPP homes and businesses. A security cordon was placed around . �2,4+ii the area after approximately 2000 t people were evacuated to a safe zone. One of the explosions was equivalent to magnitude-2 earthquake, according to ' • ,,• •the Geological Survey of Denmark and ` ` 's • Greenland. Fully experienced with the removal of +' .. smoke and water deposits, it is not 1,.A o ,,,.,,+ often that AREPA engineers are called ^" : •- on to remove lumps of concrete, which '•r' ‘~Y had been thrown over 200m, from .+� " s 04i control cabinets and machines. I410" ` One engineer remarked a€pelt was like • working in a war zone, there was g ` ,� .. destruction everywhere you tuuked" Working in close cooperation with the client and the machine manufacture's, AREPA were able to return the equipment to production within 3 weeks. Loss Adjuster Finn Mar on from the Insurer-Top Danmark commented that he was very impressed that it was fJussible to do tire work in such a relatively siwrr time. Tire Manufacturers, Mazak. were particularly impr'esseo with the procedures used o,, AREPA lot cleaning or electronic items. They informed us that they have st'n marry methods, but the AREPA method is the only one which our ks. It is a tribute to the skills or the AREPA and manufacturers engineers that recoveryy of these items was possible. .r+ http://uk.Arepa.wildside.dk/Hidden%20news/Recovery%20after%20Firework%20Factory%... 4/8/2005 Explosion at Michigan fireworks factory kills at least four workers Page 1 011 f1ci�� d 5 �� iJi r Yids) 5J wsws.org Published by the International Committee of the Fourth International(ICFI) Enter email address WSWS : Workers Struggles : North America to receive news about the WSWS Explosion at Michigan fireworks factory Add kills at least four workers Remove Submit By Jerry White 30 March 1999 SEARCH WSWS At least four people were killed Monday in an explosion and fire English Ithat tore through a fireworks factory near Osseo, Michigan where seven other workers perished in a similar blast three months ago. Search The explosion occurred around 8:30 a.m. at the Independence ON THE WSWS Professional Fireworks Company. The plant is located in a farming Donate to area about 90 miles southwest of Detroit and 15 miles north of the the WSWS! Michigan-Ohio border. Editorial Board The blast left only one wall standing in a building where fireworks New Today News &Analysis are assembled,roughly 100 yards from a structure that was Workers Struggles completely destroyed December 11,Hillsdale County Sheriff Stan Arts Review Burchardt said. History Science The previous explosion killed six women and one man while Polemics Philosophy injuring 13 others at the plant. Twenty-two people were working at Correspondence the time of the explosion. Federal, state and local investigators Archive determined that blast occurred in a shell assembly room, leaving About WSWS only a concrete slab with debris and human remains scattered over a About the ICFI wide area. Investigators said they might never fully understand what Help Books Online caused the explosion. OTHER Independence is one of the largest producers of fireworks in the US, LANGUAGES producing an estimated 1.3 million fireworks shells a year. German Independence makes all of its products by hand, using materials like French nitrates, sulfurs,charcoal and black powder. The December 1998 Italian Russian explosion was the second major blast in the last 10 years at the 26- Polish year-old company. Serbo-Croatian Spanish Fireworks producers often use low-paid workers who accept the risk Portuguese because they lack other opportunities. Last October 13 at least 10 Turkish Sinhala-53oe)® workers were killed in an explosion and fire in Tultepec, near Tamil Mexico City. In January, 17 workers, including three children, were Indonesian killed in fireworks factory in China. LEAFLETS According to Maura Campbell, spokesperson for the Department of http://www.wsws.org/articles/1999/mar1999/fire-m30.shtml 4/10/2005 Explosion at Michigan fireworks factory kills at least four workers Page 2 of 2 Download in Consumer and Industry Services which licenses fireworks PDF format manufacturers, the state did not revoke or suspend the company's license after last December's explosion. She said the factory was free to resume its operations, pending the outcome of an investigation. The investigation "was all but ready to be made public, and now this," Ms. Campbell said. The Michigan explosion comes on the heels of a rash of fatal explosions and fires throughout the US, which has among the highest rate of occupational fatalities—an average of 17 per day—of any industrialized nation. Occupational safety and health inspections have been drastically reduced in states like Michigan whose politicians have sought to improve the "business climate." On February 1 an explosion at the Ford Motor Company's Rouge complex in Dearborn, Michigan led to the death of six powerhouse workers. This was followed by the death of five workers in an explosion at a small chemical plant, Concept Sciences, near Allentown, Pennsylvania on February 19,and the February 23 explosion and fire at the Tosco oil refinery near Martinez,California which killed four workers. See Also: Explosion near Allentown heard for miles Five workers killed in Pennsylvania chemical blast [24 February 1999] The Ford Rouge disaster US auto industry profits rise along with injuries and deaths in factories [4 March 1999] Top of page The WSWS W S invites your comments. Copyright 1998-2005 World Socialist Web Site All rights reserved http://www.wsws.org/articles/1999/mar1999/fire-m30.shtml 4/10/2005 o�ru caruurwnu Page 1 of2 � National. NCBI B I Pub ed Library '/;�::'�\ My N( C of Medicine XI-M [Sign In][Regis all Databases PubNled Nucleotide Protein Genome Structure OMIM PMC Journals Boot Search I PubMed _i for (Fireworks Factory Explosions Go Clear Limits Preview/Index History Clipboard Details About Entrez Note: Performing your original search, Fireworks Factory Explosions, in ext Version PubMed will retrieve 2 citations. Display!Abstract J Show 120 -fI Sort by J I Send to Dverview Help I FAQ All: 1 Tutorial Review' 0 AC' New/Noteworthy E-Utilities r 1: Burns. 2002 Nov;28(7):655-8. Related Articles, Links Journals Database MeSH Database Gunpowder explosion burns in fireworks factory: causes of Single Citation Matcher death and management. Batch Citation Matcher Clinical Queries LinkOut Chen XL, Wang YJ, Wang CR, Li SS. My NCBI I Cubby) Department of Burns, The First Affiliated Hospital,Anhui Medical University, Hefei, 230022, Anhui, PR China. xulinchen@l63.net Order Documents NLM Catalog NLM Gateway The mortality rate of gunpowder explosion bums from fireworks factory -oxNET accidents was high. The aim of this study was to evaluate the impact of Consumer Health C'rni Alertsdifferent managements on outcome of these bums patients and to optimize ClinicalTrials goy treatment measures and decrease the morbidity and mortality. During the PubMed Central period from January 1987 to December 1999 in our center, 44 patients burned in gunpowder explosions died. Fifty sex-,age-, TBSA-and full- thickness-matched patients who survived were selected randomly as a comparison group. Data on time and causes of death, fluid resuscitation, and management of inhalation injury, associated injuries and wound were collected. Half of the deaths occurred during the first week after burn. The commonest cause of death was sepsis(27 patients), followed by MODS (11 patients), then hypovolaemic shock (4 patients)and pulmonary infection(2 patients). Thirty-six dead patients and 10 surviving patients had received insufficient fluid resuscitation and developed severe shock. Prophylactic tracheotomy was undertaken in 15 patients, of whom 6 died. Thirty-two patients had undergone emergency tracheotomies,of which 29 died. All associated injuries had been well-managed and no death was related to associated injuries or their complications directly. In the group of patients who died, 20 had undergone early excision(within 1 week of injury)and grafting. The number of patients in the survivor group who underwent early excision and grafting was 31. These results indicate that the sepsis and MODS are the two commonest causes of death for the patients who sustained burns by gunpowder explosions in fireworks factory. The optimal http://www.ncbi.nlm.nih.gov/entrez/query.fegi?cmd=Retrieve&db=PubMed&list uids=l2... 4/10/2005 Google Search: Fireworks Factory Explosions rage r or z • Web Images Groups News Froogle Local more » Advanced Got s l e Fireworks Factory Explosions search Preferences earch Web Results 41 -50 of about 30,300 for Fireworks Factory Explosions. (0.07 seconds) Fireworks in the News ... Fireworks explosion kills young women in Shanxi factory ... people were killed and nine injured in a fireworks factory explosion in Xiangfen County, ... xww fireworks.co.uk/publications/news-blog.html - 23k - Cached - Similar pages — Reflections — » 2004 » November ... Explosion at fireworks factory O_O. Filed under. Personal—pavali @ 6:21 pm. This is what happened here in Denmark last week.. ... pavali womansworth.net/?m=200411 - 26k -Cached -Similar pages TIME Europe 1 Europe: After the Blast 15/29/2000 ...than answers remain in the wake of a deadly fireworks factory explosion. ... A deadly explosion in a Spanish fireworks factory just two days after the ... www time com/time/europe/ magazine/2000/0529/dutchexplosion.html - 22k -Cached -Similar pages Fireworks Magazine: Issue 43 ...warning after steel support tubes explode; USA dry states turn round to legalise fireworks; Chinese factory explosions-will all factories be closed? ... WM/ fireworks-mag.org/issue43.htm - 13k - Cached - Similar pages The American Fireworks News archive of articles ... factory explosion that killed at least 36 people and injured 160 others. ... explosions later, Guangdong officials have acted to close the fireworks and ... www.fireworksnews.com/archive.htm - 27k - Cached -Similar pages english.eastday.com Fireworks explosion kills young women in Shanxi factory ...The death toll from a firecracker factory explosion was raised to 25 yesterday, ... ngl!sh eastday com/eastday/englishedition/ node20676/userobject1ai793218.html - 8k -Cached - Similar pages LancasterOnline.com: 25 Killed in China Fireworks Factory Blast ... BEIJING (AP)-Twenty-five people were killed and nine injured at an explosion Tuesday at a fireworks factory in northern China, officials said. ... :;•anw.lancasteronline.com/pages/ news/ap/4/china_firecracker_deaths- 30k - Cached - Similar pages [PDF] LAST MINUTE File Format PDF/Adobe Acrobat 1,1ter browser may not have a PDF reader available. Google recommends visiting our text version of this document ... Fireworks. 6 killed. 1 injured. 19/10. China. Illegal factory explosion. Fireworks. 1 killed. 4 injured. 20/10. RSA. Illegal storage explosion ... :www_nato_int/related/nimic/newsletter/Q4 2004_pdf- Similar pages Great Explosions In History I The Death Cookie ... decided to take a look back at some of the greatest explosions in history. ... His fireworks factory, situated next to his house in a nice residential ... hexaames.com/dcdrupal/node/30 - 14k - Cached -Similar pages http://www.google.com/search?q=Fireworks+Factory+Explosions&h1=en&lr=&ie=UTF-8... 4/10/2005 Google Search: Fireworks Factory Explosions rage z tit z Fireworks Explosions Fireworks Explosions 2000 June 30th. —China, Guangdong province: fire in a fireworks factory; at least 36 people died. 2003 July 29th. ... mvvvv emergency-management.netifireworks.htm -4k - Cached -Similar pages Result Page: Previous 1 2 3 4 5 6 7 8 9 101112/314 Next Fireworks Factory Explosions Search Search within results i Language Tools I Search Tips Google Home -Advertising Programs -Business Solutions-About Google ©2005 Google http://www.google.com/search?q=Fireworks+Factory+Explosions&hl en&1r&ie=UTF-8... 4/10/2005 Google Search: Fireworks Factory Explosions rage t or z Web Images Groups News Froogle Local' '' more » G `�0 , �- I Advanced Search t` ►`� Fireworks Factory Explosions Preferences Web Results 1 -10 of about 30,300 for Fireworks Factory Explosions. (0.15 seconds) Fireworks Factory Explosion Kills 29 ...A powerful explosion destroyed a fireworks factory in north China's Hebei ... Fatal explosions still occur frequently at China's fireworks factories, ... www.chinaorg.cn/english/2003/Jul/71125.htm - 31k - Cached -Similar pages Fireworks Factory Explosion Kills 36 ...The death toll in a fireworks factory explosion in northeast China's Shuangmiaozi Town Tuesday morning rose to 36 as of Tuesday night as an ... ,vww.china.org cn/english/2003/Dec/83648.htm - 31k - Cached - Similar pages Fireworks factory explosion kills 29 ... Fireworks factory explosion kills 29 (2003-07-30 15:48) (China Daily). A powerful explosion destroyed a fireworks factory in North China's Hebei ... vww.chinadaily.com.cn/en/ doc!2003-07;30/content_250372.htm - 19k - Cached - Similar pages Managers jailed for fireworks factory blast ... Managers of a Chinese fireworks factory where an explosion killed 37 people have been sentenced to up to seven years in prison, the government said ... vww.chinadaily.com.cn/english/doc/2005-02/02/content_414188.htm -22k - ached - Similar pane Bangkok's Independent Newspaper ... his failure to prevent Sunday's tragic explosions at a fireworks factory. ... An explosion at a fireworks factory in Chachoengsao kills factory owner ... .ww.nationmultimedia.com/page. news.php37clid=2&id=122033&usrsess=l - 53k - Cached -Similar pages Montreal Fireworks Forum :: Firework factory explosion in Denmark Fireworks discussion forum. The number 1 source for Montreal competition reports and discussion. www montreal-fireworks com/forum/ index.oho?action=vthread&forum=5&topic=317 - 36k - Cached - Similar pages BBC News I EUROPE j Hunt for firework blaze survivors Rescuers search for survivors of a fireworks factory explosion which ripped through the heart of a Dutch town killing at least 20 people. news.bbo co uk/hi/english!world/europe/newsid_747000/747762.stm - 34k -Cached - Similar pages BBC News I WORLD I Timeline: Deadly explosives accidents ... is injured in an explosion at a fireworks factory in Caldelas, Portugal. ... killed in a series of explosions at a fireworks factory near Beijing. ... news.bbc.couk/hi/english/world/newsid_1 7 33000/1 7 33991.stm - 31k - Cached - Similar pages Taipei Times - archives ... Fatal explosion at fireworks factory prompts reforms. STAFF WRITER Thursday, Oct 14, 2004,Page 2. Following an explosion that took place at a ... ww.taioeitimes.com/News/taiwan/archives/2004/10/14/2003206782 -25k - Cached -Similar pages ESD Journal - The ESD & Electrostatics Magazine http://www.google.com/search?q=Fireworks+Factory+Explosions&h1 en&lr=&ie=UTF-8... 4/10/2005 Google Search: Fireworks Factory Explosions ragc c in Z. Firefighter killed in Danish fireworks factory explosion"It looks like a moon landscape, this looks worse than the many war zones I have seen." ... v.ww.esdiournal.com/static/Denmark/fireworks.htm - 8k - Cached - Similar pages Cu 8 - ' ► Result Page: 1 2 3 4 5 6 7 8 9 10 Next Google Desktop Search: Search your own computer. Download now. Find: pemails - Ufiles - ft chats - 1 web history - "media - PDF { reworks Factory Explosions Search Search within results I Language Tools I Search Tips I Dissatisfied? Help us improve Google Home -Advertising Programs- Business Solutions -About Google ©2005 Google http://www.google.com/search?q=Fireworks+Factory+Explosions&h1=en&lr=&ie=UTF-8... 4/10/2005 Google Search: Fireworks Factory Explosions Paget or Z Web Images Groups News Froogle Local-''-( more Advanced Search 1s e Fireworks Factory Explosions Search Preferences Web Results 21 -30 of about 30,300 for Fireworks Factory Explosions. (0.07 seconds) Explosion at Michigan fireworks factory kills at least four workers At least four people were killed Monday in an explosion and fire that tore through a fireworks factory near Osseo, Michigan where seven other workers... -.vsvw:w w,vsws.orgiarticles/1999/mar1999/fire-m30shtml - 12k -Apr 9, 2005 - Cached -Similar pages [ More results from www.wsws_org ] 1 - Number One News Resource of Pakistan - The News - Jang Group ... The explosion took place Monday evening at the Guoxi fireworks factory in ... Fatal explosions are reported frequently in China's fireworks factories... rnrw iang.com pk/thenews/jul2003-daily/30-07-2003/world/w2.htm - 10k - Cached -Similar pages Fireworks Enthusiasts ... is that adopted by the Our Lady of Mount Carmel fireworks factory at Wied iz-Zurrieq. Although, we still hear about explosions in fireworks factories, ... ,vtiv.mic.orq.mt/EUINFO/sector! sections/fse_fireworks_enthusiasts.htm - 15k -Cached -Similar pages Devastating Explosion in Dutch Fireworks Factory -- EXPOSURE issue ... Devastating Explosion In Dutch Fireworks Factory-SEFireworks, a company that stores fireworks.... www.aeinsurancesolutions.com/erccorporate/ theinstitute/pc/inst_ind_prop_dutchexplosion.htm -43k - Manned - Similar pages The Namibian I Local News I China fireworks factory blasts kill nine ... BEIJING -A string of explosions at a fireworks factory in eastern China on Sunday killed nine people and injured 46 others,the official Xinhua news ... ;.iww namibian corn na/2001/December/world/0134102270.html - 14k - Cached -Similar pages [PDF] Worker Injured During Fireworks Explosion Tie Format. PDF/Adobe Acrobat-View as HTML Your orowser may not have a PDF reader available Google recommends visiting our text version of this doournent ... Fireworks Explosion. Date of Incident: 99 06 30. Type of Incident Fatal ... of explosive waste material, outside of the fireworks factory compound. The ... mww3.gov.ab.ca/hre/whs/fatalities/pdf/FR-1999-06-30.pdf- Similar pages IHLO??/Solidarity ... One of the worst accidents took place in a fireworks factory near the Chinese ... 220 workers and 169 were in the factory at the time of the explosion. ... wrr.vihlo oraiitem2/item2-49.htm - 33k - Cached - Similar pages Asian Labour News: China: Fireworks factories closed for safety checks ...Another fireworks factory explosion in northeast China on Tuesday moming killed at least 37. Police had arrested Chen Haoyan, the owner of the factory ... v asianiabour.org/archives/000466-php - 10k - Cached -Similar pages HID Safety Report Assessment Guide - Explosives -Appendix 2 reports written for installations that manufacture or store explosives. ... the fence of a fireworks factory was destroyed in a series of explosions ... yr ww hse aov u Icomah/sragexp/app2.htm - 52k-Cached -Similar pages http://www.google.com/search?q=Fireworks+Factory+Explosions&h1=en&lr=&ie=UTF-8... 4/10/2005 Google Search: Fireworks Factory Explosions Page 2 of 2 China Labour Bulletin ...to 4 August 2003-there were four reported explosions in fireworks factories ... explosions ripped through the Guoxi Fireworks Factory in Xinji city, ... www.china-labour.org.hk/iso/article. adp?article_id=4960&category_name=Rural%20workers-41k- Cached -Similar pages 1 nom Ilfi ( SIC Result Page: Previous 1 2 3 4 5 6 7 8 9 101112 Next • !Fireworks Factory Explosions Search Search within results I Language Tools I Search Tips • Google Home -Advertising Programs- Business Solutions-About Google O2005 Google http://www.google.com/search?q=Fireworks+Factory+Explosions&hl en&ir=&ie=UTF-8... 4/10/2005 We are property owners at 24495 WCR 18, County Road 18 between 49 and 51 . We purchased this 75 acres to build our dream home on. The following are reasons we feel this is not an ideal location for the fireworks business to expand: 1. The proposed site, County Road 18, is a dirt road and has very bad washboards. When it is wet it is slippery with deep mud ruts. 2. There are many oil and gas wells with tanker trucks visiting regularly to service the wells on this road. 3. There is a significant amount of inexperienced semi- tractor/trailer drivers from the Truck Driving School located on the same road. 4. The main crop that is grown in the area is hay; alfalfa and grass, at certain times of the year it is extremely flammable. In early spring the ditches and some fields are burned to remove unwanted debris and growth. 5. The Keenesburg Fire Department is volunteer and is on the opposite side of the railroad tracks from the property that is proposed to be a fireworks storage/staging/factory. I will mention the tracks are often blocked by trains. When the Keenesburg Volunteer Fire Department cannot respond because of the blocked tracks they have to depend on the Hudson Volunteer Fire Department which is an additional 20 minutes away. Last spring a fire got away from a farmer burning his ditches and it burned from County Road 18 north to County Road 20, approximately 1 mile before the fire department even arrived. I, Don Ozbun, witnessed 30 foot flames in the air while this took place. 6. Logistically the shortest path for the fireworks to be delivered and employees to get to work will be from the west to the east on County Road 18 passing by an Oil Tank Battery on our property, sitting just 20 feet from the road. Please see the enclosed photos EXHIBIT for proof. With the proposed additional 50-75 trips per day of employees and explosive shipments, mix in inexperienced STUDENT semi-tractor/trailer drivers and washboard dirt roads with dust so thick sometimes it is difficult to see oncoming traffic, sounds like if we could add Bruce Willis we could end up with a huge action film! I pray not, but as you can see this is not a good mix! Let's keep Keenesburg rural were the main draw is agriculture, and let businesses such as this operate in industrial parks where there is sufficient water for sprinklers and quality fire protection. Sincerely, Don and Sally Ozbun r � e 3R ore - f .- v'L t 2 " 141-1., §. .uiistf- y ., 9 ri , Y¢ - x �9� 'fi . �� `k�R�`S �S+'��• � 5 � vy.2. t ''4n u P t 7 • , j 4/4 ti l tiC i x y ; ,.if y ! ,� Bs a i e �„ 4 e :,i y, k `. At xr e ty i .•#a ,y.a.rit .y v '�1 t, - ,i0. W" r ,:,iYfr-r ..rr w.r—o�F' •ta r ••, e ,'fiv1� .�� i A g A 1h ri,,,k t 2. i L I T :1- it { ,,t-ik;+.14 ,. , l d ilt$ .ffl� #fir ''₹ 3 as`x .t�'' N, k^�, •'rift c - F 4 F v. i r» �1.. r f''° . • y rrn x •Elie"""' 4''� f9 Ai. '!7E. *n iu • _ ' „ . is -,..is'„ F y116PF.,-4 yew:1. '... '~. �f. • , s .`( ` 4} ,. ,-S i 4' Y I. EXHIBIT 1 nUc.12 .4tigila j:_t f e"k 4"t$hA i I .d F FG ' � � 4-4-14.44-44k44,-,,,,,r,:„..;,,,,:,4 11 'r'A tyr fsz{ �G " ,.' 41,4":, b � r �J Y1 }: 'k+ i ti S ,�,� t I M �* . 1 t - Dear Board of Commissioners, I would like o thank you for allowing us this time to voice our concerns. Upon review of Div. 4 Sec 23-2-230 Duties of the Board of County commissioners sub section B 1.* The Applicant has the burden of proof to show that the standards &conditions of this 1. That the proposal is consistent with chapter 22 and other applicable codes. 2. That the proposal is consistent with the intent of the district in which the USE is located. 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. In chapter 22 comprehensive plan Sec 22-1-50. Content of plan D. Article II Land Use Categories #2 2b Development outside of municipalities will occur only at the intensity that can be supported. #3 3a(2) Conversion of Agricultural lands to non-urban uses will be accommodated only in areas that can support such development with adequate facilities and services. #4 3b Industrial: Industrial Development that is not directly related to agriculture is intended to be located inside municipalities or in areas that can support the activity with adequate services and facilities. Industrial development is encouraged because of the economic benefits associated with it, but is is necessary to locate industrial uses appropriately to assure that impacts are addressed. Industrial uses directly related to agriculture may be accommodated in agricultural areas. #5 3e Mixed Use. These developments can include industrial, commercial, and urban residential uses, and are intended to be located in urban service areas. #6 Sec 22-1-120 Comprehensive Plan Guiding Principles C. Fairness in Land Use Change Procedure 7. It allows for approval when ALL written criteria of the land use regulations are met. E. Regulations Addressing Land Use Changes, Land use regulations which address land use changes should be written so as protect the rights of private property owners, the public health, safety, and welfare. #7 Sec 22-2-150 Industrial development goals and policies. 2.I. Policy 2.2 The applicant shall ensure that adequate services and facilities are currently available or reasonably obtainable. #8 Sec 22-4-180 Hazardous waste goals and policies. 1.H. Policy 1.1 All County producers of regulated hazardous waste and users of regulated hazardous material will comply with Federal, State and County statutes, regulations and ordinances regarding use, reporting, storage. I request that all these points and any others be carefully looked upon before approving this permit. This will be a permanent facility not mobile like the truck driving school. It ( ,, �Yt. :SIB. t'l 11M '1 r• xi ~ i 4 �' ' y"� C;fi a ,,,,.-_..... in II ti � �I I 'I it I _OS. n 1 r i y i I fit— :I 1: I! 1 .f. t ��' iFi �, H. :, j'i,'i "I _ P III,,,",LI --`-- „ma«imrma,.�aa�,�.,.a ......_______________ ... li .,,,p,,..,,,......,21'RLSn'."""^^ .f i 'K: .,d.G.i' s 's...�[i, = '':a 1. I W'+: ' l_. l� l _ l riu . .� 1r L EXHIBIT l a I muse.. 4.u0 .f.. +. �' 7eR'r. �.-..may/� z . ��•�e�— ... -., .. f I y 41, r'. 4. INV y r. • a I . .II t qN.444$ffilififirRI f8, I � [J3' 200E 1-: 4'9 97©3502179 COOT GREELEY PAGE 01104 COLORADO DEPARTMENT OF TRANSPORTATION FAX no. FACSIMILE TRANSMITTAL 363- Gs9-a3ao Record your long distance Phone no. (not FAX number) access code (if necessary) on the back of this form From: Phone no. [late Time 1-023-o5 /:so/,#f, Pages sen[(include this form) I411414C 5-74,ft/Fr 17,9 -3sd-.2//0 Y Comments `y�'4r7� -' t l itc !l2fki f£11 0A1f✓£ 6t e i/AV !t/tort/a< Ir f r 'dre ala4f ;� tj. S �5 //L)aJ LJ . acca cs r e* go J//a- realCfr/was;d '_ 9S/.77c1r5$_ 97, A7,41/ "f yr✓tt nave trauL lc a';to tArr 6s; rf yo re) ray/ c-fdeo ,y ekt part >ipdf (c7F c{ Fid'£/a / RF9u/a I/arts. T4t" /oa fie.n y/or br FA, Cit c vic/7 ck lJ ,rid eFee-27toartrS:07S, Lam"'—„' "_ 4 4. ,:75;[):::./_i19_03 14: 42 9702502179 CDOT GREELEY PAGE 0104 §55.215 27 CFR Ch. 1 (4-1-98 Edition) wedge and a fiber, rubber, or wooden fore repairing the exterior of maga- mallet are to be used for opening or tines, all explosive materials must be closing wood containers of explosive removed if there exists any possibility materials. Metal tools other than non- that repairs may produce sparks or sparking transfer conveyors are not to flame, Explosive materials removed be stored in any magazine containing from magazines under repair must be high explosives. (a) placed In other magazines appro- 55.215 Housekeeping. priate for the storage of those explo- sive materials under this subpart. or Magazines are to be kept clean, dry, (b) placed a safe distance from the and free of grit. paper, empty packages magazines under repair where they are and containers. and rubbish, Floors arc to be properly guarded and protected to be regularly swept. Brooms and other utensils used in the cleaning and until the repairs have been completed. maintenance of magazines must have 955,217 Lighting. no spark-producing metal parts, and (a) Battery-activated safety lights or may be kept In magazines. Floors stained by leakage from explosive ma battery-activated safety lanterns may teriais are to be cleaned according to he used in explosives storage maga- instructions of the explosives manufac- tines. curer. When any explosive material has (b) Electric lighting used in any ex- deteriorated it is to be destroyed in ac- plosives storage magazine must meet cordance with the advice or instruc- the standards prescribed by the "Na- tions of the manufacturer. The area tional Electrical Code,•' (National Fire surrounding magazines is to be kept Protection Association, NFPA 70-81), clear of rubbish, brush. dry grass, or for the conditions present in the maga- trees (except live trees more than ID zinc at any time. All electrical switch- feet tall), for not less than 25 feet in all es are to be located outside of the mag- directions. Volatile materials are to be azine and also meet the standards pre- kept a distance of not less than 50 feet scribed by the National Electrical from outdoor magazines. Living foliage Code, which is used to stabilize the earthen covering of a magazine need not be re- (c) arC documents c of int which work orders or moved. similar which indicate the lighting complies with the National §55.216 Repair of magazines. Electrical Code must be available for Before repairing the interior of mag- inspection by ATE officers. azines, all explosive materials are to be §55.218 Table of distances far storage removed and the Interior cleaned. Be- of explosive materials, cvasmy of exposivice I Distances in fool Inrablted buildings P,'bllt hlonwaye lass pu lic highways ghr a ys Wi— p„'ndx Wass public n eof with snpnaolnn01mage- PounOe not a to D Soffit 3, ve of more mines over over than 3000 vehicles bey Berl- I Unhord. Berri- Unborn. Bern- I Unbxd• onaeC coded carted ceded ceded . cased eded aOM caber- ceded 2 5 7C 140 30I 60 51 102 a 12 10 90 190 35! 70 ea 15 10 20 110 220 47 168 9 20 20. 30 125 250 00 s1 162 10 20 30 70 140 2eo 1 55 100 09 206 11 22 55 120 103 206 12 24 40 50 150 200 50 75i V0 340 70 120 127 220 15 ?,9 75 100 120 390 75 70 1D 127 254 15 32 100 125 200 400 80 1550 130 379 15 32 170 125 I50 215 169 315 12 38 150 200. 470 96 170 179 315 19 38 235 5 06 190 179 550 231 200; 250 270 510 105 210 198 37242 250 300 270 590 I lie 220 23 a6 3`0 400 295 G50 120 201 402 24 54 400 500 920 340 130 250 299 240 299 472 27 54 500 600 340, 6B0 506 186 270 2C3 416 29 56 I 31 02 754 02/2.±,,, a05 14: 48 97035©2179 CDOT GREELEY PAGE 03/04 r Bureau of Alcohol,Tobacco and Firearms, Treasury §55.218 Quantity of explesrona _ 0ist1nc84 In feat tO3yp9p Puhlb Alphweye 91888 .,yam PO5n0e council;nm 0 n m o _^Y" Snpnratlan 01 mPpR- M9r over ie OR 2{003 Sam- (�9r�� 000 pRy 05090 QOO.' adod UGdpcl 08064 iPY�rrl- Beryl- a Cod d 081101 9441. l- Pdetl 600 700 355 710 145 290 268 932 700 800 375, 760 150 300 275 32 84 800 900 390 760 155 310 299 78 33 70 5 900 1,000 400 600 160 320 ,01 500 35 72 1,000 1.200 426 850 165 330 636 38 72 1.200 900 170 350335 1,400 450315 872 41 72 1,400 1,60D 47082 Boo 175 350 872 44 08 1,800 1,000 490 00 185 370 370 732 45 1,800 2,000 505 505' 1,010 185 370 66 378 758 45 90 2,300 2,500 545 I 1,090 190 380 400 610 49 98 2.500• 3,000 590 1,160 195 390 452 864 52 104 3,000 I 4,000 635 1,270 210 420 474 4,000 8000 685 1,370 225 420 513 026 81 122 1,026 5,000 8.000 730 1,480 2261 470 546 1,092 65 122 5,000 7,000 n 130 7,00 6,00 600 1,600 250 490 90 800 1,148 72 144 6,000 9,000 835 1,670 50 800 1,248 72 144 9,000 10.000 665 1,730 260 510 824 1.290 78, 150 260 520 645 1.290 78 164 10,0001 12,00 575 1,76 270 540 597'2,000 14,030 555 1,77R3 6 1 275 550 1, 444 164 �� '4.000 10.000 900 1,900 280 580 766 1 512 90 190 1912 90 190 16,000 18,000 940 I 1,880 285 570 750 1,572 94 139 18,000 20,00D 976 1,950 290 550 813 1,525 I 98 198 20,000 25,000 1.055 2,000 25,000 30,000 1,133 2,000 343 830 926 1,752 112 224 0 10 30,000 35,0 1,205 2.000 350 720 951 360 720 933 1,966 119 234 35,000 40,000 1275 2,000 $80 700 1026 1462 119 240 6,610180 124 252 40,004/ 45,000 1,340. y,000, 400 600 1,068 45,00 50,000 1,400' 2,000 420 640 1,104 2,00 129 252 30,000 55,000 1,460440 2,000 135 270 0 1,140 2,300 140 290 59.000 60,000 1,913 2,000 91 I 455 60000 85,000 1,955 940 1,173 2,00 145 290 65,000 70.000 1,610 2,000 490 9970 1230 2,000 150 300 1 70.000 75,000 1,555 2,000 800 1,00700 1283 2,000 155 320 75,000 80,000 1,595 2,000 510 1,020 1.293 2.000 188 2,000 180 320 80,003 05,00 1,730 2,000 520 1,040 1,817 340 85,300 90,000 1,760 2,000 530 1.060 1.344 2,000 178 2,000 170 340 90,000 95,000 1.780 2,000 540 1,080 1,368 2,000 160 360 95.000 100,000 1,815 2,00 545 1,090 370 100.000 110,000 1.335 2.000 550 1.100 1,4437 2.000 135 370 110,000 120.000 1,855 2,001, 79 2.000 195 410 120,003 130,003 1,875 2,000 555 1,120 1,478 2,000 20s 410 120,004 140.000 1,890 6560 1,130 1,557 2.0001 815 430 140,0333 150,300 1,900 2.00000 570 1.140 1,557 2.000 235 470 150,0001 180,000 1,935 2,0000 1,529 2,000 235 470 160,009' 170,000 1,955 2,000 590 1,130 1,622 2,000 245 490 1 170,000 180,000 1,990 2000, 1,895 2,000 255 510 005 190,000 190,000 2,010 2,010 1'210 1,725 2.003 285 530 005 190,000 200,300 2,030 2030 810 1.220 1,7051210 1,725 2,000 288 550 200.00 210,000 2,055 2,055 620 1,240 1,782 2,000 296 570 210,000 230.000 2,100 I 2,100 633 1,270 1 2,000 315 500 2 ,000 250,000 2,155' 2,155 ,690 2,000 335 670 0 253,000 275,000 2,2151 2,215 670 1,30 1,90 2,000 335 670 075,000 300,000 2,27C I 2,275 690 1,340 2,000 2,000 360 720 1,380 2,000 2,OOp 386 9-70 r.. 755 ) I H III I'J111 II I II III IIV�III I c,'IN SP u.a.Id vll H NI) ul 41't1R11()N OF 1111 NI 1'4.SECTION 2H, 1(IAYNsIllI'2 NOItTI1.1t.ANGE 64 R1?,N I Oh 110 b"'I''1 WELl)(O1'N11,(OI IRAI)O b 'I(V[luaul.0 Il)1.1 NOnLln oI ..: ._ J9; i y/ I )== ___ - e 1 I I 1 w � w. aI I _2�< ► _ _ -� - -� ii I , , _ ,-.,,,,,,4-0,-,,A s5 _ �t-a � �_..4 ./.•,..,•Q /B - _ _ - _ r'''''''' ' 9y.'I ,„, . rzh, ). ..,. ... ... .,.<,.. I A/MaIor Roads /L ocal a P d N I ,ank. W.M_. . .., ar,..x , /) nYa8 , I 4_Foo4yana < S '..'"' —_ n S I I II o`o. i o 4 -, 'd � \ 1t 1 - INIoncbraAell NIoraLEI n<Ih_ \I >�� '�r C"' )_ I. i I / /l ... 1 rr.+.I c.-... k ;37y Act-Ps 1 1 1 .----..4 rra/,,* i Z0. 2e3Rdz0 .`., 1 i — •S�, --16a �r p..�/G` 1 � Yp tl,!�, to T�f Lr a ! Add': FG r _.-` 1. nl ( S of ,�� < � i Il I IV 1 1 t t y. + ' R? .,&P... rare T i. cE �/rlc v: 5-(-tr.ae _i GAF-;mrf•.r .---‘ • \. \. 1 '51r - o r u^a a) 27 CFR PART 555 Page 1 of 5 §555.219 Table of distances for storage of low explosives. Pounds From From public inhabited railroad and From above building highway ground Over Not over distance distance magazine (feet) (feet) (feet) 0 1, 000 75 75 50 1, 000 5, 000 115 115 75 5, 000 10, 000 150 150 100 10, 000 20, 000 190 190 125 20, 000 30, 000 215 215 145 30, 000 40, 000 235 235 155 40, 000 50, 000 250 250 165 50, 000 60, 000 260 260 175 60, 000 70, 000 270 270 185 70, 000 80, 000 280 280 190 80, 000 90, 000 295 295 195 90, 000 100, 000 300 300 200 100, 000 200, 000 375 375 250 200, 000 300, 000 450 450 300 §555.220 Table of separation distances of ammonium nitrate and blasting agents from explosives or blasting agents. TABLE: DEPARTMENT OF DEFENSE AMMUNITION AND EXPLOSIVES STANDARDS, TABLE 5&NDASH;4.1 EXTRACT; 4145.27 M, MARCH 1969 Donor weight (pounds) Minimum separation distance of acceptor from donor when Minimum barricaded (ft. ) thickness of artificial Over Not over Ammonium Blasting barricades nitrate agent (in. ) 100 3 11 12 100 300 4 14 12 300 600 5 18 12 600 1, 000 6 22 12 1, 000 1, 600 7 25 12 1, 600 2, 000 8 29 12 2, 000 3, 000 9 32 15 3, 000 4, 000 10 36 15 4, 000 6, 000 11 40 15 6, 000 8, 000 12 43 20 8, 000 10, 000 13 47 20 ., 10, 000 12, 000 14 50 20 MOW �I�p� 12, 000 16, 000 15 54 25 EXI 16, 000 20, 000 16 58 25 20, 000 25, 000 18 65 25 k 25, 000 30, 000 19 68 30 1 \r , Hits http://www.washingtonwatchdog.org/documents/cfr/title27/part555.html 5/5/2005 27 CFR PART 555 Page 2 of 5 30,000 35, 000 20 72 30 35, 000 40, 000 21 76 30 i""� 40, 000 45, 000 22 79 35 45, 000 50, 000 23 83 35 50, 000 55, 000 24 86 35 55, 000 60, 000 25 90 35 60, 000 70,000 26 94 40 70, 000 80,000 28 101 40 80, 000 90,000 30 108 40 90, 000 100, 000 32 115 40 100, 000 120, 000 34 122 50 120,000 140, 000 37 133 50 140,000 160, 000 40 144 50 160, 000 180, 000 44 158 50 180, 000 200, 000 48 173 50 200, 000 220, 000 52 187 60 220, 000 250, 000 56 202 60 250, 000 275, 000 60 216 60 275, 000 300, 000 64 230 60 TABLE: NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) OFFICIAL STANDARD NO. 492, 1968 NOTES OF TABLE OF SEPARATION DISTANCES OF AMMONIUM NITRATE AND BLASTING AGENTS FROM EXPLOSIVES OR BLASTING AGENTS r (1) This table specifies separation distances to prevent explosion of ammonium nitrate and ammonium nitrate-based blasting agents by propagation from nearby stores of high explosives or blasting agents referred to in the table as the "donor."Ammonium nitrate, by itself, is not considered to be a donor when applying this table. Ammonium nitrate, ammonium nitrate-fuel oil or combinations thereof are acceptors. If stores of ammonium nitrate are located within the sympathetic detonation distance of explosives or blasting agents, one-half the mass of the ammonium nitrate is to be included in the mass of the donor. (2) When the ammonium nitrate and/or blasting agent is not barricaded, the distances shown in the table must be multiplied by six. These distances allow for the possibility of high velocity metal fragments from mixers, hoppers, truck bodies, sheet metal structures, metal containers, and the like which may enclose the "donor." Where explosives storage is in bullet-resistant magazines or where the storage is protected by a bullet-resistant wall, distances and barricade thicknesses in excess of those prescribed in the table in §555.218 are not required. (3) These distances apply to ammonium nitrate that passes the insensitivity test prescribed in the definition of ammonium nitrate fertilizer issued by the Fertilizer Institute. 1 Ammonium nitrate failing to pass the test must be stored at separation distances in accordance with the table in §555.218. ess 1Definition and Test Procedures for Ammonium Nitrate Fertilizer, Fertilizer Institute 1015-18th St. N.W. Washington, DC 20036. http://www.washingtonwatchdog.org/documents/cfr/tit1e27/part555.html 5/5/2005 27 CFR PART 555 Page 3 of 5 (4) These distances apply to blasting agents which pass the insensitivity test prescribed in regulations of the U.S. Department of Transportation (49 CFR part 173). (5) Earth or sand dikes, or enclosures filled with the prescribed minimum thickness of earth or sand are acceptable artificial barricades. Natural barricades, such as hills or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the "donor"when the trees are bare of leaves, are also acceptable. (6) For determining the distances to be maintained from inhabited buildings, passenger railways, and public highways, use the table in §555.218. §555.221 Requirements for display fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks or articles pyrotechnic. (a) Display fireworks,pyrotechnic compositions, and explosive materials used to assemble fireworks and articles pyrotechnic shall be stored at all times as required by this Subpart unless they are in the process of manufacture, assembly, packaging, or are being transported. (b)No more than 500 pounds (227 kg) of pyrotechnic compositions or explosive materials are permitted at one time in any fireworks mixing building, any building or area in which the pyrotechnic compositions or explosive materials are pressed or otherwise prepared for finishing or assembly, or any finishing or assembly building. All pyrotechnic compositions or explosive materials not in immediate use will be stored in covered, non-ferrous containers. (c) The maximum quantity of flash powder permitted in any fireworks process building is 10 pounds (4.5 kg). (d) All dry explosive powders and mixtures, partially assembled display fireworks, and finished display fireworks shall be removed from fireworks process buildings at the conclusion of a day's operations and placed in approved magazines. [T.D. ATF-293, 55 FR 3722, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. 24, 1998] §555.222 Table of distances between fireworks process buildings and between fireworks process and fireworks nonprocess buildings. Net weight of fireworks \1\ Display fireworks Consumer fireworks (pounds) \2\ (feet) \3\ (feet) 0-100 57 37 101-200 69 37 201-300 77 37 301-400 85 37 401-500 91 37 Above 500 Not permitted \4\ Not permitted \4\ \5\ . \5\ \1\ Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuse only. \2\ The distances in this column apply only with natural or artificial http://www.washingtonwatchdog.org/documents/cfr/title27/part555.html 5/5/2005 27 CFR PART 555 Page 4 of 5 barricades. If such barricades are not used, the distances must be doubled. \3\ While consumer fireworks or articles pyrotechnic in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks or articles are subject to regulation. Thus, fireworks process buildings where consumer fireworks or articles pyrotechnic are being processed shall meet these requirements. \4\ A maximum of 500 pounds of in-process pyrotechnic compositions, either loose or in partially-assembled fireworks, is permitted in any fireworks process building. Finished display fireworks may not be stored in a fireworks process building. \5\ A maximum of 10 pounds of flash powder, either in loose form or in assembled units, is permitted in any fireworks process building. Quantities in excess of 10 pounds must be kept in an approved magazine. [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. 24, 1998] §555.223 Table of distances between fireworks process buildings and other specified areas. Distance from Passenger Railways, Public Highways, Fireworks Plant Buildings used to Store Consumer Fireworks and Articles Pyrotechnic, Magazines and Fireworks Shipping Buildings, and Inhabited Buildings. \3\ \4\ \5\ Net weight of fireworks \1\ Display fireworks Consumer fireworks (pounds) \1\ (feet) \2\ (feet) 0-100 200 25 101-200 200 50 201-300 200 50 301-400 200 50 401-500 200 50 Above 500 Not permitted Not permitted. \1\ Net weight is the weight of all pyrotechnic compositions, and exposive materials and fuse only. \2\ While consumer fireworks or articles pyrotechnic in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such fireworks or articles are subject to regulation. Thus, fireworks process buildings where consumer fireworks or articles pyrotechnic are being processed shall meet these requirements. \3\ This table does not apply to the separation distances between fireworks process buildings (see § 555.222) and between magazines (see §§ 555.218 and 555.224) . \4\ The distances in this table apply with or without artificial or natural barricades or screen barricades. However, the use of barricades is highly recommended. \5\ No work of any kind, except to place or move items other than explosive materials from storage, shall be conducted in any building designated as a warehouse. A fireworks plant warehouse is not subject to § 555.222 or this section, tables of distances. [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. 24, 1998] http://www.washingtonwatchdog.org/documents/cfr/tit1e27/part555.html 5/5/2005 27 CFR PART 555 Page 5 of 5 §555.224 Table of distances for the storage of display fireworks (except bulk salutes). Distance between Distance magazine and inhabited between Net weight of firework \1\ (pounds) building, passenger magazines railway, or public \2\ \3\ highway \3\ \4\ (feet) (feet) 0-1000 150 100 1001-5000 230 150 5001-10000 300 200 Above 10000 Use table § 555.218 \1\ Net weight is the weight of all pyrotechnic compositions, and exposive materials and fuse only. \2\ For the purposes of applying this table, the term ''magazine" also includes fireworks shipping buildings for display fireworks. \3\ For fireworks storage magazines in use prior to (30 days from the date of publication of the final rule in the Federal Register) , the distances in this table may be halved if properly barricaded between the magazine and potential receptor sites. \4\ This table does not apply to the storage of bulk salutes. Use table at § 555.218. [T.D. ATF-293, 55 FR 3723, Feb. 5, 1990, as amended by T.D. ATF-400, 63 FR 45004, Aug. 24, 1998] http://www.washingtonwatchdog.org/documents/cfr/title27/part555.html 5/5/2005 Hello