HomeMy WebLinkAbout20032658.tiff DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax (970)304-6498
USE BY SPECIAL REVIEW APPLICATION
Application Fee Paid Receipt# Date
Recording Fee Paid Receipt# Date
Application Reviewed by:
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: (see attached Exhibit "A")
PARCEL NUMBER: (see attached Exhibit "A") (12 digit number-found on Tax I.D.
Information or obtained at the Assessor's Office.
Section 32 , T 3 N, R 65 W-Total Acreage 120 Zone District?-3 Overlay Zone n/a
Property Address (if available) 12311 WCR 41, Hudson, CO 80647
Proposed Use Tire landfill, storage and recycling facility, including
fenced storage yards.
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW
PERMIT
Jarrald A. Jamison
Name: Faye L. Jamison Address: 15721 WCR 10
(303)
City/State/Zip: Fort Lupton, COHome Telephone: Business Telephone 573-5744
80621
Name: Address:
City/State/Zip: Home Telephone: Business Telephone
APPLICANT OR AUTHORIZED AGENT (if different than above)
Name:
Kenneth F. Lind, Esq. , Lind. Lawrence & Ottenhnff T.LP
Address: 1011 11th Avenue City/State/Zip: Greeley, CO 80631
Home Telephone: Business Telephone: (970) 353-2323
DEPARTMENT OF PLANNING SERVICES USE ONLY
Case#
Floodplain: ❑ Yes ❑ No Geologic Hazard: ❑ Yes O No
I hereby state that all statements and plans submitted with the application are true and correct to the best
of my knowledge.
Rev: 1-4-01 ig ature: Owner or uth. zed Agent
EXHIBIT
2003-2658 p2
5
EXHIBIT "A"
(all parcels are located in Section 32, Township 3 North, Range 65 West)
Legal Description Parcel No.
N'%S'/2S'/2E'% (a/k/a N'/2S'/%SE%) 121332000019
S'/2S%2S'/%E'/2 (a/k/a S'/2S'/2SE%) 121332000020
Lot "B" of Recorded Exemption RE-1367 121332000024
located in S'ANVASE'%
Lot "A" of Recorded Exemption RE-1367 121332000023
located in S%2N'/SE%
F:\KFL\USR\TIRE.MOUNTAIN.LEGALS.02
JARRALD AND FAYE JAMISON --
15721 WCR 10
Fort Lupton, CO 80621
November 12, 2002
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: Use by Special Review and Certificate of Designation Application
for Tire Mountain
To Whom It May Concern:
The law firm of Lind, Lawrence & Ottenhoff LLP is authorized to represent us in all
matters concerning the USR Tire Mountain application. As they are attorneys, it is obvious
and self-evident that they are authorized to represent us.
Very truly yours,
aehatabsefic
Jarrald & Faye Jamison
USE BY SPECIAL REVIEW QUESTIONNAIRE
1. Explain, in detail, the proposed use of the property.
The application is for a Site Specific Development Plan and Use by Special Review
for a tire landfill, storage and recycling facility. The basic operation is for customers
to deliver tires to the facility; the tires are dumped into an engineer designed and
constructed cell; the deposited tires are inspected for possible reuse; tires that can
be reused are set aside for additional inspection; unusable tires are then moved
back into the cell. As cells are filled with tires, new cells are constructed.
2. Explain how this proposal is consistent with the intent of the Weld County
Code, Chapter 22?
This proposal is consistent with Chapter 22 of the Weld County Code as it is an
existing approved industrial use on marginal land, in a somewhat isolated location;
has good vehicle access; does not create pollution; is outside of any urban growth
boundaries; does not interfere with agricultural uses; is a diversification of the
industrial economic base; is an identical use to the existing tire facilities located both
North and South of the existing property; is a cost effective service and facility; will
meet environmental standards; is compatible with surrounding land use in terms of
use, traffic, density, scale, dust and noise; is suitable for the land; produces tax and
other revenues for the County; is a necessary public facility and service; has no
affect upon water or air quality; provides a necessary place for disposal products;
as a disposal facility it minimizes interference with ag uses, rural settlement patterns
and existing residential communities; is compatible with existing and future land
uses in all aspects; appropriate infrastructure exists which provides adequate
access; will be in compliance with all Federal, State and County statutes,
regulations and ordinances; allows for disposal, storage and recycling in a safe and
environmentally sensitive manner; will have future economic uses by preserving a
wasted" resource.
3. Explain how this proposal is consistent with the intent of the Weld County
Code, Chapter 23 and the zone district in which it is located.
This proposal is consistent with Chapter 23 of the Weld County Code specifically
under Section 23-3-330 et seq. The existing 1-3 (industrial) zone district is for the
purpose of accommodating industrial uses which may have some visual impacts on
adjacent uses and thus may require isolation from other land uses. This location
is ideal as it is an expansion of existing tire operations and storage yards located
on the North and South parcels of the proposed total site. The Weld County Code
provides for this type of use by special review with applicable performance, design
and operation standards.
4. What type of uses surround the site? Explain how the proposed use is
consistent and compatible with surrounding uses.
Upon the North and South porjions of the property are existing tire landfill, storage
and recycling facilities. Also located to the North are open air storage yards. All
land in the East half of the subject section is zoned 1-3. Located West and East of
F:\KF L\U S R\TIRE M O U NTAI N.OCT02
the subject property is ag zoning upon which agricultural operations take place7The
adjoining and existing I-3 uses have been on site and been in use for well over
eleven years which makes this property perfectly consistent and compatible with
surrounding land uses.
5. Describe, in detail, the following:
a. How many people will use this site?
On the average, it is estimated that less than eight customers per day will
utilize the site. This is based upon ten year's experience with current Tire
Mountain operations.
b. How many employees are proposed to be employed at this site?
The current Tire Mountain operation utilizes five employees and it is
contemplated that this amended and expanded facility will also use five
employees.
c. What are the hours of operation?
7:00 to 4:00 Monday through Friday and 8:00 - 12:00 on Saturday. The
facility is closed on Sunday and holidays.
d. What type and how many structures will be erected (built) on this site?
No surface structures will be constructed on the site, structures will consist
of tire holding cells identical to those located North and South of the facility.
e. What type and how many animals, if any, will be on this site?
None.
f. What kind (type, size, weight) of vehicles will access this site and how
often?
Vehicles from pickups to large end-up dump trucks weighing approximately
70,000 pounds and hauling up to 40 cubic yards utilize the existing as well
as the proposed facility. The larger vehicles (30 to 40 cubic yards and
50,000 to 70,000 pounds gross weight) arrive on the average, once per day.
Smaller dump trucks and flat beds (20,000 gross vehicle weight to 50,000
gross vehicle weight) arrive on the average of twice per day.
g. Who will provide fire protection to the site?
Platteville/Gilcrest Fire Protection District, 303 Main Street, P.O. Box 407,
Platteville, Colorado 80651, phone number (970) 785-2232, fax number
(970) 785-0139. Wes Scott, District Chief.
F:\KFL\USR\TI RE.MOUNTAIN OCT02
h. What is the water source on the property? (Both domestic and
irrigation).
There are two types and two sources of water for the subject facility. Water
for fire protection is provided by a lease between Tire Mountain, Inc. and
Moser Farms, Inc. A second amendment to this lease was executed May 6,
1999, a copy of which is attached hereto.
Water for domestic and sanitation purposes is provided by on-site wells
which have been drilled and are in production. Copies of the permits are
attached. This new site, as it adjoins the office building and facilities of the
existing tire land fill, will utilize those same wells and sources.
There is no irrigation.
i. What is the sewage disposal system on the property? (Existing and
proposed).
The property will utilize existing septic tank and leech field at the office
building located on site. A copy of the permit for the existing office tank and
leech field is attached.
j. If storage or warehousing is proposed, what type of items will be
stored?
Tires will be stored on site.
6. Explain the proposed landscaping for the site. The landscaping shall be
separately submitted as a landscape plan map as part of the application
submittal.
Due to the location and surrounding uses, no landscaping is proposed.
7. Explain any proposed reclamation procedures when termination of the Use
by Special Review activity occurs.
The State of Colorado, Department of Public Health and Environment, Hazardous
Materials and Waste Management Division has in place regulations and a financial
assurance program for solid waste disposal sites and facilities. This program is an
on-going program which requires yearly update and vision for financial assurance
for reclamation. This application is to expand the existing operations by 40 acres
which will result in a change in the requirements of the financial assurance program.
The financial assurance program will also require modifications to the closure and
reclamation plan but those plans will be identical for this new 40 acres.
8. Explain how the storm water drainage will be handled on the site.
Storm water drainage will be detained on site in accordance with engineering,
design, drainage and studies.
F:\KFL\USR\TI RE.MOUNTAI N.OCT02
9. Explain how long it will take to construct this site and when construction and
landscaping is scheduled to begin.
Construction of the first tire holding cells will commence in the third or fourth quarter
of 2003. Additional cells will be constructed as existing cells are completed. It is
estimated that the entire site will have a life span of approximately ten years.
10. Explain where storage and/or stockpile of wastes will occur on this site.
All storage and stockpiling of tires takes place on site and within the engineering
designed and constructed cells.
F:\KFL\USR\TI RE.MOUNTAIN.OCT02
AR2169148 B 1222 REC 02169148 01/26/89 14 :09 $12 . 00 1/004
F 1811 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
LEASE
THIS LEASE made and entered into this th day of
December , 1988 between MOSER FARMS, INC. of 22468 WCR TO , Hudson ,
Colorado 80642 , hereinafter "Moser" and TIRE MOUNTAIN , INC. of
12311 WCR 41 , Hudson , Colorado 80641 , hereinafter "Tire" , and
WITNESSETH
WHEREAS , Tire is the owner and operator of a tire land fill
and recycling operation located in part of the Southeast One
Quarter ( SE ) of Section Thirty-two ( 32 ) , Township Three ( 3 )
North, Range Sixty-five (65) West of the 6th P.M. ; and
l.y1r4 u WHEREAS , Moser owns property located in the Nosh{ Half
(pi ) of Section Nine ( 9 ) , Township Two ( 2 ) North , Range
Sixty-five (65 ) West of the 6th P.M. ; and
WHEREAS , said Moser property has two adjudicated wells ,
( 1 ) Well Permit No . 3507F for 1 , 000 gallons per minute and ( 2 )
Well Permit No. 20370-R for 1 , 000 gallons per minute; and
WHEREAS , Tire desires to enter into a lease agreement with
Moser concerning the use and operation of the wells for emergency
fire fighting operations upon the property owned by Tire
described hereinabove;
NOW , THEREFORE , in consideration of the understanding ,
mutual covenants , rights , duties and obligations herein created ,
the parties hereto agree as follows :
1 . All of the foregoing recitals are incorporated herein
and made a part of this agreement .
2 . This Lease is expressly contingent upon Tire being
granted a Certificate of Designation and Amended Use by Special
Review for a tire land fill and recycling operation upon the
property owned by Tire. Said application for the Use by Special
Review and Certificate of Designation have been submitted to both
the State of Colorado Department of Health and Board of County
Commissioners of Weld County and are pending as of this date. In
the event the Use by Special Review and Certificate of
Designation are not approved in accordance with the applications
submitted by Tire , this Lease shall be null and void and all
parties released from the provisions hereof.
3 . For and in consideration of the sum of Five Hundred
Dollars ( $500. 00) per year which shall be paid by Tire to Moser ,
Moser hereby agrees to lease to Tire the right to use the wells
1
B 1222 REC 02169148 01/26/89 14 : 09 $12 .00 2/004
F 1812 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
described hereinabove for emergency fire fighting operations
appurtenant or necessary at the property described hereinabove
owned by Tire . The Five Hundred Dollar ($500. 00) annual payment
shall be paid by Tire to Moser on or before February 1 of each
year commencing February 1 , 1989 and due every year thereafter
during the term of this Lease .
4 . The term of this Lease shall commence January 1 , 1989
and be in effect for a period of ten ( 10 ) years unless sooner
terminated .
5 . As additional rights and considerations for the
granting of this Lease, Moser agrees to allow Tire to install , at
its own expense , necessary equipment and apparatus to allow the
wells to be used by the Platteville Fire Department for fire
fighting operations . All equipment and apparatus shall be
installed with the approval and supervision of the Platteville
Fire Department and Moser agrees to allow the installation of
such equipment . It is agreed that the installation of such
equipment is the sole responsibility and expense of Tire and Tire
hereby indemnifies and holds harmless Moser for the use and/or
operation of such equipment at any time . Moser further agrees to
allow either the Platteville Fire Department or Tire to test said
wells and apparatus at any time to assure proper flow and
operation.
6 . Moser agrees to provide all necessary electrical
connections and supply to keep the wells in good operating
condition such that the wells can be used on a year-round basis .
Moser further agrees to keep the wells and appurtenant pumping
equipment in good and operable condition such that the wells will
each provide not less than 500 gallons per minute of water for
eight continuous hours.
7 . Tire will be in default under this agreement if Tire
fails to pay the rent in full on or before the dates when it is
due or if Tire fails to comply with any of the affirmative
obligations set forth in this Lease which must be performed by
Tire . Moser shall be in default under this agreement if Moser
fails to comply with any of the affirmative obligations set forth
in this agreement to be performed by Moser. In the event of any
default by any party , the non-defaulting party shall provide
written notice of the alleged default to the defaulting party and
the defaulting party shall be allowed 30 days to correct any such
default . The 30 days shall commence as of the date of mailing or
delivering the written notice to the other party and all such
mailing or delivery shall be by registered or certified mail
postage prepaid and properly addressed or by personal delivery .
If , after 30 days the defaulting party has not corrected the
default , the non-defaulting party may terminate this Lease .
However , in the event of a default by Moser, Tire shall have the
2
B 1222 REC 02169148 01/26/89 14 :09 $12 .00 3/004
F 1813 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
right to make any repairs , connections or adjustments to any well
to bring it into operation . All such costs incurred by Tire
shall be deducted from rent which may be owed by Tire to Moser.
8 . It is further agreed between the parties that Moser
shall not be liable to Tire for any damage or injuries caused by
any shortage of water from the use of the wells .
9 . Moser agrees not to abandon or terminate use of the
wells without the prior written consent of Tire . The parties
hereto understand and agree that the emergency use of said wells
is a requirement for the operations of the tire facility.
10 . This agreement may be modified or amended by all
parties hereby entering into any such modification in writing and
signed by all such parties .
11 . This lease may be renewed for an additional period of
ten ( 10 ) years by Tire . To renew this Lease , Tire shall give
written notice to Moser not later than November 1 , 1998.
12 . The parties agree that this agreement or a memorandum
of this agreement shall be recorded with the Clerk and Recorder
of Weld County , Colorado incorporating the provisions of this
agreement which shall bind not only the parties hereto but also
their heirs , personal representatives , lessees , successors and
assigns and the provisions of this agreement shall constitute
covenants running with the title to the lands described herein .
• '••� idli d,,.WITNESS WHEREOF , the parties hereto have executed this
_r'l eeta 'n9 the day and year first above written .
4j:' "' • d z
: co; :_.w ` '•.0
• {: ' M0SER FARMS, INC.
041 L-61/1
Secretary President
fi t: TIRE MOUNTAIN, INC.
O i M ,Se 1, 000D p u
n.j00 t o; Secretary President
3
B 1222 REC 0_ _69148 01/26/89 14 :09 , 12 .00 4/004
F 1814 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO )
) ss .
COUNTY OF WELD )
/ r4
Subscribed and sworn to before me this !c7 day of
December, 1988 by p,-,.,<., R.•..we
d'�assi and
as President and Secretary respectively of Moser Farms , Inc .
U��''' '''`Winess my hand and official seal .
,co ,. • •
My.; ebmmission expires : /1-9Z
Bno
12-H.
Notary Public
STATE OF COLORADO )
) ss .
COUNTY OF WELD )
Subscribed and sw r to before me this day of
o`'°� .Dettem'her 1988 by and
=s�
;:''\r7;_•'' asP.'' esi Mdent and e retary r Lively of Tire o tak , ne .
_ e ;Witness my nd and o icial seal .
•
WC'.i.thy commission expires :
•Q'Ic•'C'C"Cot
..._ ,_
o.
C _ Q,0 tt e
Notary Public
4
B 1227 REC J2173698 03/17/89 15 : 22 $6.00 1/002
F 0190 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
- AMENDMENT TO LEASE
AR2173698
This AMENDMENT made and entered into this _/Sy/, day of
March , 1989 between MOSER FARMS , INC . of 22468 WCR 30 , Hudson ,
Colorado 80642 , hereinafter "Moser" and TIRE MOUNTAIN , INC. of
12311 WCR 41 , Hudson , Colorado 80641 , hereinafter "Tire" , and
WITNESSETH :
WHEREAS , on December 6 , 1988 Moser and Tire entered into a
Lease Agreement which was recorded on January 26 , 1989 in Book
122, Reception No. 02169148 of the Weld County Records; and
WHEREAS, Moser and Tire desire to amend said Lease ;
-NOW, THEREFORE, the parties hereto agree as follows :
1 . All of the foregoing recitals are incorporated herein
an'd made a part of this agreement .
2 . Well Permit No. 3507-F for 1 , 000 gallons per minute and
located in the North Half (Ni) of Section Nine ( 9 ) , Township Two
( 2 ) North , Range Sixty-five ( 65 ) West of the 6th P.M. is hereby
deleted and released from the December 6 , 1988 Lease . It is the
intention of this Amendment that Tire makes no claim and shall
- have no right to the use of said Well Permit No. 3507-F.
'3 . • As -.a replacement : for .the well • described hereinabove at
'Paragraph 2, Moser hereby leases : to -Tire Well Permit No . 2117-F
adjudicated 'for 1 , 000 gallons per minute. Said well is located
' in the Southeast Quarter of the Southwest .Quarter (SEt SW-k ) of
Section Four ( 4 ) , Township . Two ( 2) North, Range Sixty-five (65 )
' West of" the 6th P.M. , Weld County , Colorado . All terms , rights ,
duties and obligations of the December 6 , 1988 Lease are included
herein and shall be binding upon Well Permit No . 2117-F as if
said well were included in the original 1ecember 6 , 1988 Lease .
4 . All other terms and conditions of the December 6 , 1988
Lease except as modified herein are hereby confirmed , ratified
and made a part of this amendment . It is further agreed that
this amendment shall bind the parties hereto including their
heirs , personal representatives , lessees , successors and assigns
and the provisions of this amendment shall constitute covenants
running with the title to the lands described herein .
ATTEST: MOSER FARMS, INC .
Seal
BY: nn «r o D / ' l By : YYtIJ.-tom( 1lr��KCL-QU7
Secretary President
1
B 1227 REC 02,. 73698 03/17/89 15 .22
$6 . 00 2/002_
F 0191 ,MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
ATTEST: TIRE MOUNTAIN , INC.
Seal
By: I>/'tr(e ,'M°S-Pt.. /port /GPI , //I'.C-P c.
Secretary President
STATE OF COLORADO )
) ss .
COUNTY OF WELD )
; ,.`.:.: Subscribed and sworn to before me this /, /_ day of March ,
,.. 4.`16119:9 NY t /• iri c•-c, /d/f {'��f and h,'L /lor
Lett vse
Or'•
&ea .�cnt and Secretary respectively of Moser Farms , Inc .
(jgL\C •
b' tJess my hand and official seal .
F expires :p •
r ••M ' commission ex i &'-t l/
0f_C„‘. Sc
L726-44:.- f{ c• g
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Su scribed d sworn to before me this f3•/�Zf of Marcht
1989 b
as Presi ?wand e art'respectively do iee Mount- Mount-a7-Inc.
Wi ness my hand. and off..101 1
r7Qp• o)ission expires :
• piAay . i._
of t o //j
'. tart' k
,te o.. C.
2
SECOND AMENDMENT TO LEASE
O70-
THIS SECOND AMENDMENT is made and entered into this (atk day of May,
1999 between MOSER FARMS, INC. of 22468 WCR 30, Hudson, Colorado 80642,
hereinafter "Moser" and TIRE MOUNTAIN, INC. of 12311 WCR 41, Hudson, Colorado
80641, hereinafter "Tire", and
WITNESSETH
WHEREAS, on December 6, 1988 Moser and Tire entered into a Lease Agreement
which was recorded on January 26, 1989 in Book 122, Reception No. 02169148 of the
Weld County records; and
WHEREAS, on March 13, 1989 Moser and Tire entered into an Amendment which
was recorded on March 17, 1989 in Book 1227, Reception No. 02173698 of the Weld
County records; and
WHEREAS, Moser and Tire desire to again amend and extend said Lease and
Amendment;
NOW, THEREFORE, the parties hereto agree as follows:
1. All of the foregoing recitals are incorporated herein and made a part of this
Agreement.
2. The Lease and Amendment are hereby confirmed, ratified and reapproved.
Said Lease and Amendment are renewed for an additional period of Ten (10) years. This
extension shall be for the time period commencing January 1, 1999 and ending on
December 31, 2008.
3. This Second Amendment binds the parties hereto including their heirs,
personal representatives, lessees, successors and assigns and the provisions of this
Second Amendment shall constitute covenants running with the title to the lands described
in the Amendment and original Lease which lands are located in the North Half (N'/%) of
Section Nine (9),Township Two (2) North, Range Sixty-five (65)West of the 6th P.M., Weld
County, Colorado.
TIRE MOUNTAIN, INC. MOSER FARMS, INC.
By: By: tine.,
lit
F 1KFLUAMIS0MM0SER.AM D
11111111111111111 IIII IIII 1111111111111 III 11111 IIII IIII
2693072 05/11/1999 01:43P Weld County CO
1 of 1 R 6.00 D 0.00 JA Sukl Taukamoto
LINE', LAWRENCE & OTTENHOFF _LP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
LECOPIER
P.ANDREW JONES TE)356-111
(970)oIaw.c 11
RICHARD T. TER ken(a111olaw.com
KELLY J.CUSTER
February 28, 2003
Weld County Department of Planning Services
1555 North 171h Avenue
Greeley, CO 80631
Attention: Sheri Lockman
Re: Tire Mountain, Inc. (Second Amended USR-842)
Dear Ms. Lockman:
Attached to this letter please find 19 copies of the following: (1) revised Design and
Operations ("D&O") Plan, (2) fire control plan, and (3) revised USR plat maps dated
February 26, 2003.
These documents are submitted to you in accordance with my letter of January 21,
2003 which was in response to your telephone comments and the letter dated January 8,
2003 addressed to you from the Colorado Department of Public Health and Environment.
The letter from the Colorado Department of Public Health and Environment dated
January 8, 2003 also addressed the financial assurance cost estimate. As I have
repeatedly stated, it is impossible to prepare a final financial assurance cost estimate until
the D&O plan, fire plan and development and design standards are developed, reviewed
and approved. It would be my suggestion that after you receive responses from referral
agencies, including the Colorado Department of Public Health and Environment, that we
then develop the financial assurance proposal prior to the first hearing with the Weld
County Planning Commission.
At this time please forward the complete application, as now revised,to your referral
agencies. If you have any questions, please contact the undersigned.
Very truly yours,
LIND, '+% 'E "' 7iTTENHOFF LLP
Ke . d
KFUcg
Enclosure
pc: Tire Mountain, Inc.
Vern Nelson, P.E.
Pickett Engineering
F:\KFLUAMISON\PLANNING LOCKMAN LTR 2 28 03.wpd
Design and Operations Plan
to Accompany Application for 2nd Amended USR-842
and Certificate of Designation on behalf of Jarrald Jamison and Faye Jamison
for TIRE MOUNTAIN, INC. at
S1/2 and S1/2N1/2 of the SE 1/4 of Section 32, T. 3 N., R 69 W.of the 6th P.M.
in Weld County, Colorado
Prepared: February, 2003, by LaVern C.Nelson,P.E.
The Design and Operations (D&O) Plan consists of: a) the accompanying revised plan
sheets 1, 2, and 3,titled Use By Special Review and dated February 26, 2003, including
legal description, vicinity map, plot plan, details of construction, and development
standards; b) a fire control plan; c) equipment availability; and d) information to expand
the written 2nd Amended Application and/or the plan sheets.
A financial assurance plan will be submitted and funded upon agreement of the Colorado
Department of Public Health and Environment,the Weld County Department of Planning
Services, and Tire Mountain representatives with regard to the development standards,
plan drawings, and the fire control plan for the 2nd amended USR 842. The assurance
plan will include a mechanism for adjustment covering the potential of reduced and/or
exhausted funds.
1. Stormwater drainage throughout the tire storage area will be captured in the fire
storage cells to the extent that there will be no runoff therefrom. The existing unpaved
storage yards and the office area, in the northeast corner of the USR area, consisting of 17
acres,more or less, has not changed significantly from its historical condition with
respect to runoff. Therefore, surface runoff will remain as it was in the historical state.
2. Site security consists of tire barriers of large sized tires around the entire perimeter of
the site and a barbed wire fence along part of the perimeter, with a locked steel gate at the
entry point(s). The gate(s) will remain unlocked and open during business hours.
Post-closure security will consist of the same perimeter barriers remaining in place with
provision for annual inspections to assure the integrity of the security facilities. A
prominent sign shall be posted in public view at the entrance to the facility with the name
of the facility, the hours which the facility is open for business, a listing of the item(s)
accepted at the facility, and a phone number for a 24-hour emergency contact.
3. At completion of excavation of each tire cell, the Weld County Planning Department
officials are notified so that Weld County inspectors can inspect the finished excavation
for groundwater and configuration. Tire Mountain will continue its procedure to call the
Page/of3
D &O Plan-Tire Mountain,lnc.
February. 2003
proper authorities each time a tire cell is completed. Also. compaction tests of the
adjacent fire lanes will be accomplished in accordance with the compaction test
specification by a qualified geotechnical engineer. The results of such tests taken as
needed and as recommended by the geotechnical engineer will be maintained by Tire
Mountain and retained for inspection by regulatory agencies.
4. The basic fire control activity in any tire storage cell will be smothering the fire with
dirt from the immediately adjacent fire lanes, from one or both sides of the cell.
Smothering the fire with dirt removes the oxygen supply needed for burning. The dirt
will be moved onto the burning tires using contracted bulldozers and other needed heavy
equipment and an on-site bulldozer and excavator. Ancillary fire protection, for fire
control of adjacent weeds, other combustible material, or cooling equipment, will be
provided by the Platteville-Gilcrest Fire Department. Fire department equipment and
personnel can be on site within minutes after notification of an emergency. The on-site
bulldozer and excavator can be at the fire site in less than 30 minutes, while the
contracted bulldozers and other needed equipment will be at the site within one hour from
notification.
5. Any excavated fire lanes as the result of a fire will be replaced within 30 days to their
original condition using dirt from the designated on-site areas shown on the plans, and
using placement methods and compaction standards as specified on the plans. The dirt
will be transported to the used fire lane using scrapers on a hired basis.
6. The probability of a fire at this site must be determined on the basis of past history of
fires at this location and logical reasoning of fire possibility. The Tire Mountain storage
area has been in existence for 23 years or more. There has been one fire in that time,
some 16 years ago, on June 10, 1987, and that occurred while the tires were stored in
piles in the open, above ground and prior to placing tires in underground pits. All tires
are now stored in prepared underground pits of specified sizes with access fire lanes to
alleviate a fire hazard. There has been no fire since the tires have been strategically
placed in the prepared trenches with maintained fire lanes. It is highly unlikely that one
fire will occur on-site when considering all the protective measures in place. However,
for purposes of determination of cost for financial security needs, and to establish a
liberal safety factor, this analysis and the financial assurance plan will be based upon the
likelihood of two fires in separate trenches occurring simultaneously during the next 20
year period. The dirt required for cover of two pits burning entirely and simultaneously is
as follows:
Cover dirt required - 2 pits x 2' x 105' x 250'/27 =3,888 cu.yd.
The available cover dirt from the immediately adjacent fire lanes surrounding a storage
pit is equal to 1,315 cu.yd. for each 1-foot depth (35,500 s.f. x 1'/27) of fire lane dirt. As
a result a 1.5-foot excavation (1,944 cu.yd./1,315 cu.yd.)would be needed to provide a
two-foot cover over an entire storage cell. The fire lane replacement dirt required for
restoring the used fire lanes for two storage pits is as follows:
Fire lane replacement dirt - 3,888 cu.yd. x 1.15 =4.471 cu.yd.
The on-site available dirt area is 130,800 s.f., thus the depth of excavation to acquire the
Page zof 3
D &O Plan- Tire Mountain Inc.
February,2003
needed dirt for the represenative two pits is: 4,471 cu.yd. x 27/130,800 = 0.93 ft., a depth
less than a one-foot excavation in the available dirt area. Soil tests done privately by a
licensed.reputable company and the U.S. Department of Agriculture Soil Conservation
Service soils information confirm that the soils in this area are deep, well-drained and
adequate for the intended use of replacement dirt for dirt used from the fire lanes for fire
extinguishing purposes. These data show that at least a 10-foot depth of acceptable and
readily useable dirt from the designated dirt replacement areas is available on site for fire
fighting.
7. The fire control plan was developed under separate contract with Schirmer
Engineering Company, Golden, CO,who are specialists in fire control plans for various
types of facilities, including tire storage. The plan, included herewith, becomes a part of
the D&O plan and the financial assurance plan for the 2nd Amended USR-842.
Page3of 3
FOR COMMERCIAL SITES, PLEASE FILL OUT THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business Name: Tire Mountain, Inc, Phone: (303) 573-5744
Address: 12311 NCR 41, Hudson, CO 80642
Business Owner: Jarrald A. Jamison Phone: (303) 857-4538
Home Address: 15721 WCR 10 City: Fort Lupton, Co 80621
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
15721 WCR 10
Jarrald A. Jamison Owner - Fort Lupton, CO 80621 (303) 857-4538
225 8th Street
Mike Jaso Manager Fort Lupton, CO 80621 (303) 857-6728
P.O. Box 724
Dale Brickeler Foreman Fort Lupton, CO 80621 (303) 857-6886
1. 2. 1. 2.
Business Hours: 7:00 - 4:00 8:00 - 12:00 Days: Monday - Friday Saturday
Type of Alarm: None Burglar Holdup Fire Silent Audible
Name and address of alarm company: n/a
Location of Safe: n/a
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: 2 Location(s): Nest and East side of building
Is alcohol stored in building? No Location(s): n/a
Are drugs stored in building? No Location(s): n/a
Are weapons stored in building? No Location(s): n/a
The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs
of interest.
Physical security check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS: See attached Exhibit "A"
Main electrical:
Gas shut off:
Exterior water shutoff:
Interior water shutoff:
6
•
EXHIBIT "A"
Electric shutoffs:
Main office building, inside on the northwest end of the building; small rental building,
outside of building on a transformer at northeast corner of building; mobile homes, one
electric shutoff inside each mobile home and one on the outside electric utility pole.
Natural gas:
Gas shutoff is at the gas meter generally at 12311 WCR 41, Hudson, CO 80642 (near
office building).
Exterior water shutoff:
Exterior water shutoff is located at the wellhead.
Interior water:
Each building and mobile home has interior shutoffs in the kitchens and bathrooms.
F:\KFL\USR\TIRE.MOUNTAIN.UTILITIES
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
P.ANDREW JONES (970)356-1111
RICHARD T.LiPUMA ken@Ilolaw.com
KELLY J.CUSTER
April 28, 2003
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attention: Sheri Lockman and Monica Daniels-Mica
Re: Second Amended USR - 842 (Jamison and Tire Mountain)
Dear Ladies:
The purpose of this letter is to submit additional, supplemental and amended
information concerning the above referenced application. This letter and submittals are
to be considered as part of the application materials. Accordingly, we are providing an
original and 24 copies of this letter and all submittals.
First, and in reference to a letter dated January 8, 2003 from Douglas M. Ikenberry
and Glenn F. Mallory of the Solid Waste Unit of the Colorado Department of Public Health
and Environment ("State Health Department") and addressed to the Weld County
Department of Planning Services,there were 16 comments concerning the application and
we repeat those comments and respond as follows:
COMMENTS AND RESPONSE TO LETTER DATED JANUARY 8, 2003
Appendix B -Weld County Road Access Information Sheet:
Comment from State Health Department:
1) "The Weld County Road Access Information Sheet indicates that there are three
locations to access the Tire Mountain site. However, the Use by Special Review
F:U(FLUAMISOMPLANNING 4 28 03.wpd 1
Weld County Department of Planning Services
April 28, 2003
Page 2
Vicinity Map, Plot Plan, Details drawing (sheet 2 of 3) indicates that there are only
two existing access locations to the site. The application must be consistent
throughout."
Response of Applicant:
The revised vicinity map and detailed plans and drawings dated April 25, 2003
- (submitted herewith) show that there are three points of access.
Use by Special Review Questionnaire
Comment from State Health Department:
2) "The response to the item 2 question indicates that the proposal is consistent with
Chapter 22 of the Weld County Code because (among other things) it has no affect
upon water or air quality. It is our position that the tires placed on site may present
a potential fire hazard (as occurred in 1987) and a corresponding potential for
adversely affecting water and air quality."
Response of Applicant:
The Use by Special Review Questionnaire purpose is to provide information for
proposed operations of the specified use. Operations by Tire Mountain, Inc. will
not affect water or air quality. Obviously, this requested use (or for that matter, any
other use of any type of application in Weld County) can be negatively affected by
fires, earthquakes, tornadoes, explosions, etc., but that is not the purpose of the
Use by Special Review Questionnaire. Accordingly, the comment by the State is,
apparently, a matter of information.
Comment from State Health Department:
3) "The response to the item 2 question indicates that the proposal is consistent with
Chapter 22 of the Weld County Code because (among other things) it will be in
compliance with all Federal,State and County statutes, regulations and ordinances.
Tire Mountain has to comply with the solid waste regulations as specified in our
October 4, 2002 compliance advisory in addition to comments in the letter that
accompanies this document."
F:\XFLVAMISON\PLANNING 4 28 03.wpd 2
Weld County Department of Planning Services
April 28, 2003
Page 3
Response of Applicant:
As stated, the Applicant must comply with all requirements as listed by the State,
County and Federal Government. Again, this is a comment from the State and the
applicant generally agrees.
Comment from State Health Department:
4) "The response to the item 5g question indicates that the Platteville/Gilcrest Fire
Protection District will provide fire protection to the site. Please note the solid waste
regulations require that Tire Mountain shall submit a site specific fire control plan to
the Department and the local governing body having jurisdiction. This plan shall be
in accordance with local fire codes and the plan shall be submitted to the local fire
control authority for review and approval."
Response of Applicant:
A revised Fire Safety Evaluation and Fire Control Plan is submitted herewith. This
document has been provided to the Chief of the Platteville/Gilcrest Fire Protection
District.
Comment from State Health Department:
5) "The response to item 8 question states that storm water drainage will be detained
on site in accordance with engineering,design,drainage and studies. The currently
approved design drawings indicate that storm water can be directed off site via a
system of culverts. Clarification is required concerning this apparent discrepancy."
Response of Applicant:
There is no discrepancy. The existing Amended USR-842 shows the use of
detention ponds and culverts for storm water control. What has been submitted by
the applicant is a Second Amended Use by Special Review-842 and all plans and
information have been or are submitted herewith. Drainage is specifically
addressed in the Design and Operations Plan (submitted herewith and dated April,
2003 at Paragraph 1. There is no change in historical runoff as to volume, quantity
or location. In fact, storm water drainage is basically held on site due to the
construction of the storage cells.
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Weld County Department of Planning Services
April 28, 2003
Page 4
Use by Special Review Drawings
Comment from State Health Department:
6) "A Colorado registered professional engineer should properly certify the design
drawings."
Response of Applicant:
All drawings, on each page, have been sealed, signed and dated by Mr. LaVern C.
Nelson, a registered professional engineer within the State of Colorado. Neither the
undersigned nor our engineers know of any other procedure for"certification". If the
State or County is requiring some special type of"certification", it will be necessary
for the State and/or County to provide the information to the applicant.
Comment from State Health Department:
7) "Drawing 1/3: There appears to be a typographical error with regard to the Parcel
B legal description in the N-1/2 should be replaced with S-1/2."
Response of Applicant:
This change was made on the February 27, 2003 plans as well as in the latest plans
submitted herewith and dated April 25, 2003.
Comment from State Health Department:
8) "Drawing 2/3:The Plot Plan and Sections B-B,C-C and D-D indicate typical fire lane
width is 50 feet. The permit documentation should make clear that the fire lanes
must be fifty (50) feet wide or (preferably) a minimum of fifty (50) feet wide."
Response of Applicant:
While the use of"typical" is the standard and appropriate engineering standard and
practice, in deference to the State, the word "typical" has been removed and the
word "minimum" inserted.
F:XFLVAMISON\PLANNING 4 28 03.wpd 4
Weld County Department of Planning Services
April 28, 2003
Page 5
Comment from State Health Department:
9) "Drawing 2/3: The cross-hatched legend indicates that available fire
fighting/replacement soils are located exclusively at a 17,500 square foot area and
at a 82,500 square foot area (detention pond)on the Plot Plan, whereas the entire
site is cross-hatched as shown on the Vicinity Map. Clarification is required
concerning this inconsistency. Moreover,we stress that destruction of the fire lanes
may be problematic. If fire lanes are required to be destroyed in the process of
fighting a fire, a short period of time to repair the damage should be allowed after
- the fire is extinguished."
Response of Applicant:
The plans submitted on February 27, 2003 appropriately separate and identify the
vicinity map from the plot plan map and the hatching was appropriate in accordance
with engineering standards. However, in deference to the State, the vicinity map
has been changed to show shadowing rather than cross-hatching.
Additional information is provided underthe Design and Operations Plan(submitted
herewith) dated April, 2003 at Paragraph 5.
Comment from State Health Department:
10) "Drawing 2/3: The typical excavation for fire fighting soil detail indicates that the
depth of excavation will be + 1 foot. The design needs to explicitly specify the
maximum depth of excavation (e.g., 1 ft + .01 ft) and how it will be controlled (e.g.,
by providing existing contours in the excavation areas). In addition, the design
should provide procedures to detail and document that any other excavated areas
are properly backfilled to the required elevation(s)."
Response of Applicant:
Detail information at Drawing 2/3 has been removed as no maximum or minimum
depth is required. This is further addressed in the attached Design and Operations
Plan at Paragraphs 5 and 6.
The existing plot plan as submitted on February 27, 2003, as well as the new plans
submitted herewith, do show existing contours.
F:\XFL4AMISON\PLANNING 4 28 03.wpd 5
Weld County Department of Planning Services
April 28, 2003
Page 6
Comment from State Health Department:
11) "Drawing 2/3: According to the Plot Plan and the 1 foot excavation depth, only
100,000 cubic feet of soils would be available for fire fighting and/or apparently to
be used as replacement soils for the fire lanes. This is only enough soil to cover
one existing cell with an approximate average thickness of 3.9 feet (i.e., provided
the tires are at grade and the soils are not lost into the tire mass, etc.). Per our
October 4, 2002 compliance advisory, we are concerned that the proposed soil
reserves for fire fighting are severely limited."
Response of Applicant:
This information is described in the Design and Operations Plan submitted herewith
and dated April, 2003 at Paragraph 6 as well as indicated on Drawing 2-3. Soil
reserves on site are not limited whatsoever, and according to USDA Soil
Conservation Soils Information, acceptable soils located on site are at a depth of
ten feet. Clearly, there is a substantial oversupply of on-site soils.
Comment from State Health Department:
12) "Drawing 2/3: The "Typical Cell Section B-B" note states, "Fill material to be
compacted to at least 95% of ASTM D698 with native silty sands and sandy clays
which will provide a stable subgrade for roads. The design should also include that
suitable non-native silty sands and sandy clays may also be used for roads. In
addition, the design documents should address how it will be determined and
documented that the required soil types are used and that the required compaction
is attained."
Response of Applicant:
The note accompanying Drawing 2/3 at Section B-B has been amended. As on-site
soils are satisfactory for all purposes, the applicant does not intend to bring in non-
native soils for use on roads or for any other purpose of the Second Amended USR.
The note does indicate use of native on-site soils. Furthermore, the note
specifically indicates proper engineering procedures for determination of
compaction and procedures.
Comment from State Health Department:
13) "Drawing 2/3: Typical Cell Sections B-B and C-C provide vertical and horizontal
• dimensions for the configuration of the finished cells. The design documents should
F:V(FLUAMISOMPLANNING 4 28 03.wpd 6
Weld County Department of Planning Services
April 28, 2003
Page 7
also address how it will be determined and documented that the required cell
dimensions (and fire lane dimensions) are achieved."
Response of Applicant:
This is specifically identified in the Design and Operations Plan submitted herewith
dated April, 2003 at Paragraph 3.
Comment from State Health Department:
14) . "Drawing 2/3: Typical Cell Section C-C and the Plot Plan show that some of the
center parcel cell dimensions will be increased to 305 feet in length. The currently
approved development standards require that the cells be 550 feet in length, with
internal fire breaks extending the full depth of the trench with a minimum 50 foot
width at the top, to be constructed at the center of each trench. The effect of these
requirements limit the existing cell lengths to only 250 feet in length. The internal
fire break was evidently recommended in a document entitled Fire Protection
Evaluation for Scrap Tire Landfill dated December 5, 1988 and prepared by Glenn
T. Hoynoski, P.E. Appropriate documentation that refutes Mr. Hoynoski's
recommendations should be provided to support an increase in cell length to 305
feet, particularly in light of the proposal to store tires above grade."
Response of Applicant:
Submitted herewith and dated April 28,2003 is a revised Fire Safety Evaluation and
Fire Control Plan as prepared by Schirmer Engineering Corporation of Golden,
Colorado. Schirmer Engineering Corporation has made an extensive review of the
National Fire Protection Association Guidelines,the 1988 High Country Engineering
report and by using an equivalency approach based upon fire protection
engineering calculations and other mitigating factors that the proposed cells being
not more than 102 feet in width and not more than 305 feet in length does not
increase fire risk at the facility. This engineering evaluation is reviewed and
analyzed under the Section, "Proposed Expansion" starting on Page 8 in the
attached April 28, 2003 Fire Safety Evaluation and Fire Control Plan.
Comment from State Health Department:
15) "Drawing 2/3: Typical Cell Sections B-B and C-C indicate that the typical tire surface
is at the same level as the adjacent fire lanes. The design should explicitly specify
a maximum tire height relative to the grade of the adjacent fire lanes. The design
F:U(FLVAMISOMPLANNING 4 28 03.wpd 7
Weld County Department of Planning Services
April 28, 2003
Page 8
documents should also include procedures for determining and documenting that
the tires are placed as specified."
Response of Applicant:
This is addressed in the notes on Drawing 2-3 in Section C-C, both on the February
27, 2003 submittal as well as the newest plans and drawings dated April 25, 2003.
Additional information is provided in Paragraph 3 of the attached Design and
Operations Plan dated April, 2003.
Comment from State Health Department:
16) "Drawing 2/3: The terms 'Crown' and 'Existing Crown' as denoted in Sections A-A
and D-D should be defined more explicitly."
Response of Applicant:
The terms were removed on the February 27, 2003 plans and are not included with
the latest plans dated April 25, 2003.
II
COMPLIANCE ADVISORY DATED OCTOBER 4, 2002 FROM DOUGLAS M.
IKENBERRY AND GLENN F. MALLORY OF SOLID WASTE UNIT, COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AS ADDRESSED TO TIRE
MOUNTAIN, INC.
The Colorado Department of Public Heath and Environment is also requiring the
applicant to comply with those items as contained in the Compliance Advisory dated
October 4, 2002 as follows:
Comment from State Health Department:
1) "The Department of Weld County(either the Board of Weld County Commissioners
or the Weld County Department of Planning Services, as appropriate) must review
and approve the revised D&O plan including any changes to the current permit
(e.g., with regard to tire height, excavation of the fire lanes between the trenches,
expansion of the permitted area, etc.)"
F:U(FL JAMISONIPLANNING 4 28 03.wpd 8
Weld County Department of Planning Services
April 28, 2003
Page 9
Response of Applicant:
The whole purpose of the Second Amended Use by Special Review application and
hearings is to allow all State and County agencies (as well as the public)to review
and approve the application and all requirements submitted therewith.
Comment from State Health Department:
2) "The revised D&O plan must incorporate a revised fire control plan that specifies the
facility's fire lane locations and widths, means to be used to extinguish fires and
designation of a facility emergency coordinator. The fire control plan shall be in
accordance with local fire codes and the plan shall be submitted to the local fire
• control authority. Consideration must be given to the idea that leaving the tires
uncovered indefinitely requires commensurate post-closure site security. Also, the
on-site soil reserves for fire fighting (proposed in Vern Nelson's June 10, 2002
correspondence)are of a finite quantity and their volume must be presented in three
(not two) dimensions (i.e., access to the soil must be achievable by the heavy
equipment proposed and the excavation depth must be limited). The heavy
equipment must be readily available and the operators may also have to be
professional fire fighters or individuals able to operate such equipment using
supplied air and wearing appropriate protective clothing. The procedures that
specify how on-site (and potentially off-site) soils would be assessed, excavated
and transported to the fire(s) must be explicitly detailed in the plan. And, the plan
must include a contingency that allows it to be amended in the event that the
approved fire control procedures are no longer viable(e.g., change of soil source)."
Response of Applicant:
A revised Fire Protection Analysis and Control Plan dated April 28, 2003 is
submitted herewith. Said fire control plan as well as the Design and Operations
Plan (submitted herewith)dated April, 2003 and design drawings address all items
in this Comment No. 2. Jerry Jamison is the designated facility
emergency/coordinator.
Comment from State Health Department:
3) "The revised D&O plan shall incorporate a mechanism for triggering adjustment to
the financial assurance funding based on the potential for reduced/exhausted funds
and/or on a dynamic fire control plan. The revised D&O plan must be accompanied
by a separate financial assurance submittal that is based upon revised fire control
F:NCFLUAMISOMPLANNING 4 28 03.wpd 9
Weld County Department of Planning Services
April 28, 2003
Page 10
procedures and closure and post-closure care cost estimates. The latest financial
assurance cost estimate, as proposed in Vern Nelson's June 10, 2002
correspondence, is unacceptable. A conservative scenario in which more than one
pit is ignited (e.g., due to vandalism) must not be overlooked. And, more than one
fire event may occur if the tires are left uncovered. We emphasize that all third
party financial assurance cost estimates must be directed to the state. The May 30,
2002 Mountain Constructors letter(attached to Vern Nelson's June 10, 2002 letter)
is not directed to the state and only provides hourly rates for the proposed
equipment to do emergency work. The third party cost estimates must definitively
identify the specific fire control procedures to which they apply and cover all aspects
(e.g., labor and relative estimates of equipment capabilities) of the work. State
approval of the revised D&O/fire control plan is dependent on state approval of the
corresponding financial assurance cost estimate. Moreover, Tire Mountain, Inc. is
responsible for financial assurance coverage of all aspects of fire fighting at Tire
Mountain."
Response of Applicant:
A draft Financial Assurance Plan has been submitted to the State for review by
letter dated April 7, 2003. A final Financial Assurance Plan cannot be prepared and
finalized until the County, State (and other referral entities) have reviewed this
submission. After this final review, a proposed Financial Assurance document can
be finalized (subject to review by the County and State), and that Financial
Assurance document will be submitted prior to any public hearing.
Comment from State Health Department:
4) "Item 2 of Vern Nelson's June 10, 2002 letter states, Should fire lane dirt be used
for fire control, the lane(s) will be restored from available on-site dirt within a
reasonable time, not to exceed six months. Incidentally, based on a comparison of
the drawing attached to Vern Nelson's June 10,2002 letter and the permit drawings,
it appears that the office and the 32,750 square feet of 'available' on-site
replacement dirt is not located within the currently permitted area. Clarification is
required regarding this matter. Nonetheless,the currently approved design requires
that, "Fire equipment access roads will be maintained year around as all weather
roads using on-site equipment to assure access to delivery trucks which exceed the
weight of fire fighting equipment used at the site(50,000 lbs.) Destruction of the fire
lanes may be problematic because it could limit access during a fire(s)or if another
fire starts before the lanes are repaired. Should a variance from this requirement
be allowed, the roads must be properly restored within a maximum of thirty days
F:\XFL\JAMISON\PLANNING 4 28 03.wpd 10
Weld County Department of Planning Services
April 28, 2003
Page 11
after the time that they are disturbed, provided that access to other potential fires
is not hindered in the interim."
Response of Applicant:
All items are addressed in the Design and Operations Plan dated April, 2003, the
Fire Safety Evaluation and Fire Control Plan dated April 28, 2003 and USR
drawings dated April 25,2003. Additionally, restoration of roads within the thirty day
time frame as suggested by the State will, presumably, be included by Weld County
as a Development Standard or requirement. It is also presumed by the applicant
that the State will require restoration within thirty days as part of any conditions of
approval.
•
III
SUBMITTED HEREWITH AS A SUPPLEMENT TO THE APPLICATION ARE THE
FOLLOWING ORIGINAL AND 24 COPIES AS FOLLOWS:
1. This letter;
2. Design and Operations Plan dated April, 2003;
3. Fire Safety Evaluation and Control Plan dated April 28, 2003; and
4. Plot plan and vicinity map plans for Second Amended USR-842 dated April
25, 2003.
IV
DETAIL OF STORAGE YARDS
Part of the Second Amended Use by Special Review application (and existing on-
site use) is open storage yards. The Weld County Department of Planning Services has
requested more detail concerning the storage yards. Submitted herewith is a drawing
dated March, 2003 providing specific information as to the storage yards. Upon request
of the Weld County Department of Planning Services, a detailed site plan for the storage
yards can be included as a separate page, on mylar, and attached to the other USR map
pages.
F:U(FLUAMISOMPLANNING 4 28 03.wpd 11
Weld County Department of Planning Services
April 28, 2003
Page 12
This now concludes applicant's submission. Please forward to your reviewing
agencies and schedule a hearing with the Planning Commission in late July of 2003.
Very truly yours,
LIND, LAWR CE & O HOFF LLP
Kenneth F In
KFUcg
Enclosure
pc: Jarrald Jamison
Vern Nelson, P.E.
Pickett Engineering
Colorado Department of Public Health & Environment
Weld County Department of Public Health & Environment
F:UffLUAMISOMPLANNING 4 28 03.wpd 12
Design and Operations Plan
to Accompany Application for 2"d Amended USR-842
and Certificate of Designation on behalf of Jarrald Jamison and Faye Jamison
For TIRE MOUNTAIN, INC. at
S%2 and S%2 N%2 of the SE ''A of Section 32, T.3N., R 69 W of the 6th P.M.
in Weld County, Colorado
Prepared: April 2003, by LaVem C.Nelson, P.E.
The Design and Operations (D&O) Plan consists of: a) the accompanying revised plan
sheets, 1, 2, and 3, titled Use By Special Review and dated February 26, 2003, including
legal description, vicinity map, plot plan, details of construction, and development
standards; b) a fire control plan; c) equipment availability; and d) information to expand
the written 2"d Amended Application and/or the plan sheets.
A financial assurance plan will be submitted and funded upon agreement of the Colorado
Department of Public Health and Environment, the Weld County Department of Planning
Services, and Tire Mountain representatives with regard to the development standards,
plan drawings, and the fire control plan for the 2nd amended USR 842. The assurance
plan will include a mechanism for adjustment covering the potential of reduced and/or
exhausted funds.
1. Stormwater drainage throughout the tire storage area will be captured in the tire
storage cells to the extent that there will be no runoff therefrom. The existing
unpaved storage yards and the office area, in the northeast corner of the USR area,
consisting of 17 acres, more or less, has not changed significantly from its historical
condition with respect to runoff. Therefore, surface runoff will remain as it was in
the historical state.
2. Site security consists of tire barriers of large sized tires around the entire perimeter
of the site and a barbed wire fence along part of the perimeter, with a locked steel
gate at the entry point(s). The gate(s) will remain unlocked and open during
business hours. Post-closure security will consist of the same perimeter barriers
remaining in place with provision for annual inspections to assure the integrity of
the security facilities. A prominent sign shall be posted in public view at the
entrance to the facility with the name of the facility, the hours which the facility is
open for business, a listing of the item(s) accepted at the facility, and a phone
number for a 24-hour emergency contact.
D&O Plan—Tire Mountain, inc.
Revised April 16,2003
3. At completion of excavation of each tire cell, the Weld County Planning
Department officials are notified so that Weld County inspectors can inspect the
finished excavation for groundwater and configuration. Tire surface may be raised
4' above the adjacent fire lane surface elevation with an additional 1' (5' total)
allowed for unevenness of the tire surface. Steel posts will be installed to a height
of 5' above ground elevation adjacent to and at the North-South center point on both
sides at each cell. The top 1' (from 4' to 5') shall be painted in a bright color. Tire
Mountain will continue its procedure to call the proper authorities each time a tire
cell is completed. Also, a qualified geotechnical engineer will accomplish
compaction tests of the adjacent fire lanes in accordance with the compaction test
specification. The results of such tests taken as needed and as recommended by the
geotechnical engineer will be maintained by Tire Mountain and retained for
inspection by regulatory agencies.
4. The basic fire control activity in any tire storage cell will be smothering the fire with
dirt from the immediately adjacent fire lanes, from one or both sides of the cell.
Smothering the fire with dirt removes the oxygen supply needed for burning. The
dirt will be moved onto the burning tires using contracted bulldozers and other
needed heavy equipment, and an on-site bulldozer and excavator. Ancillary fire
protection, for fire control of adjacent weeds, other combustible material, or cooling
equipment, will be provided by the Platteville-Gilcrest Fire Department. Fire
department equipment and personnel can be on site within minutes after notification
of an emergency. The on-site bulldozer and excavator can be at the fire site in less
than 30 minutes, while the contracted bulldozers and other needed equipment will
be at the site within one hour from notification.
5. Any excavated fire lanes as the result of a fire will be replaced within 30 days to
their original condition using dirt from the designated on-site areas shown on the
plans, and using placement methods and compaction standards as specified on the
plans. The dirt will be transported to the used fire lane using scrapers on a hired
basis. The designated on-site areas for replacement dirt can be left excavated since
there is no other designated use for the excavated areas.
6. The probability of a fire at this site must be determined on the basis of past history
of fires at this location and logical reasoning of fire possibility. The Tire Mountain
storage area has been in existence for 23 years or more. There has been one fire in
that time, some 16 years ago, on June 10, 1987, and that occurred while the tires
were stored in piles in the open, above ground and prior to placing tires in
underground pits. All tires are now stored in prepared underground pits of specified
sizes with access fire lanes to alleviate a fire hazard. There has been no fire since
the tires have been strategically placed in the prepared trenches with maintained fire
lanes. It is highly unlikely that one fire will occur on-site when considering all the
protective measures in place. However, for purposes of determination of cost for
financial security needs, and to establish a liberal safety factor, this analysis and the
financial assurance plan will be based upon the likelihood of two fires in separate
Page 2 of 3
D&O Plan—Tire Mountain, inc.
Revised April 16,2003
trenches occurring simultaneously during the next 20-year period. The dirt required
for cover of two pits burning entirely and simultaneously is as follows:
Cover dirt required—2 pits x 2' x 105' x 250'/27= 3,888 cu.yd.
The available cover dirt from the immediately adjacent fire lanes surrounding a
storage pit is equal to 1,315 cu.yd. for each 1-foot depth (35,500 s.f. x 1'/27) of fire
lane dirt. As a result, a 1.5-foot excavation (1,944 cu.yd./1,315 cu.yd.) from the fire
lanes would be needed to provide a two-foot cover over an entire storage cell. The
fire lane replacement dirt required for restoring the used fire lanes for two storage
pits is as follows:
Fire lane replacement dirt—3,888 cu.yd. x 1.15 =4,471 cu.yd.
The on-site available dirt area is 130,800 s.f., thus the depth of excavation to acquire
the needed dirt for the representative two pits is:
4,471 cu.yd. x 27/130,800 = 0.93 ft., a depth less than a one-foot excavation in the
available dirt area.
Soil tests done privately by a licensed, reputable company and the U.S. Department
of Agriculture Soil Conservation Service soils information confirm that the soils in
this area are deep, well-drained and adequate for the intended use of replacement dirt
for dirt used from the fire lanes for fire extinguishing purposes. These data show
that at least a 10-foot depth of acceptable and readily useable dirt from the
designated dirt replacement areas is available on site for fire fighting.
The following table is based on the above calculations. The table shows the dirt
available as a factor of the depth of excavation in the designated dirt replacement
areas and the number of cells that could be covered one-foot deep.
Depth of cubic yards Cells
excavation of soil covered one
foot
1 4,844 5
3 14,533 15
5 24,222 25
10 48,444 50
7. The fire control plan was developed under separate contract with Schirmer
Engineering Company, Golden, CO, who are specialists in fire control plans for
various types of facilities, including tire storage. The plan, included herewith,
becomes part of the D&O plan and the financial assurance plan for the 2"" Amended
USR-842.
Page 3 of 3
SURFACE DAMAGE AGREEMENT
THIS AGREEMENT is made by and between the undersigned JARROLD
A. and FAYE L. JAMISON, 15721 Weld County Road 10 , Fort Lupton,
Colorado 80621, herein called "OWNER" , and SNYDER OIL CORPORATION,
3939 SOCO Parkway, Evans, Colorado 80620 , herein called "SOCO" ;
WHEREAS, OWNER represents that they are the surface owners and
in possession of an interest in part of all of the surface estate
for the following described lands in Weld County, Colorado, said
lands herein called "LANDS" , to wit :
Township 3 North, Ranae 65 West, 6th P .M.
Section 32 : S/2SE/4
WHEREAS, SOCO has certain leasehold interests in the oil and
gas mineral estate in the LANDS and proposes to conduct drilling
and subsequent production operations on the LANDS; and
WHEREAS, OWNER and SOLO desire to minimize any surface damage
to the LANDS and to reach an agreement regarding such surface
damage .
NOW, THEREFORE, in consideration of Ten Dollars ($10 . 00) and
other valuable consideration, the sufficiency of which is hereby
acknowledged, the parties agree as follows :
1. Prior to commencement of drilling operations, SOLO shall
pay OWNER the amounts set out in that certain "Letter Agreement"
dated March 7 , 1994 by and between the parties herein as full
settlement and satisfaction of all damages growing out of, incident
to, or in connection with usual and customary exploration,
drilling, completion, reworking, equipping and production
operations, unless otherwise specifically provided herein, for each
wellsite located on the LANDS in which OWNER owns the entire
surface estate, together with any lands used for access road
purposes, production facilities, flowlines or other necessary
facilities in connection with the wellsite .
If, by reasons directly resulting from the operations of SOCO,
there is damage to real or personal property upon the LANDS which
is not associated with usual and customary operations, such as (but
not limited to) damage to livestock structures, buildings, fences,
culverts, cement ditches, irrigation systems, and natural
waterways, such damage will be repaired or replaced by SOCO, or
SOCO will pay reasonable compensation to OWNER for such additional .
damage. However, OWNER specifically reserves the right to seek
additional compensation and/or damages against SOLO in the event
OWNER is denied permission by any government entity to construct a
tire holding cell upon the subject property due to setback
1
requirements or the failure to approve construction of any such
tire holding cell due to safety concerns based upon location of the
well (s) adjacent to any tire holding cell .
•
2 . Prior to heavy equipment operations on each wellsite,
SOCO' s representative will meet and consult with OWNER (or OWNER' s
representative) as to the location of the wellsite, access road,
flowlines, tank batteries and any other associated production
facilities . SOCO and OWNER will agree to the location of all such
facilities .
3 . In conducting operations on the LANDS, SOCO shall :
A. Limit the size of each wellsite to approximately 300 feet
by 300 feet during drilling, completion, recompletion or workover
operations and shall be no more than 1/4 acre in size during other
periods of operation. The area required for any tank battery
location associated with each well shall be limited to
approximately 1/2 acre in size upon completion of construction.
Access roads shall be limited to 30 feet in width during drilling,
completion, recompletion and workover operations . The well head
access road (shown on Exhibit "A" attached hereto) shall be limited
to 15 feet in width, leveled, maintained and graveled for all year
access . The main drilling access road (described on Exhibit "A" )
shall be 50 feet in width, leveled, maintained and graveled for
year around access . OWNER and SOCO shall jointly determine the
location of the well head access road and main drilling access
roads for purposes of insuring correlation with future locations
for tire holding cells .
B . Separate the top soil at the time of excavation of pits so
that the top soil and subsurface soil can be placed back in proper
order as nearly as practicable .
C. Reclaim the wellsite as nearly as practicable to its
original condition. Weather permitting, reclamation operations
shall be completed within three months following drilling and
subsequent related operations, unless SOCO and OWNER mutually agree
to postponement because of crop or other conditions .
D. Keep all well and battery sites free of weeds and debris .
E . All pipelines of any type or for any purpose shall be
buried at least 4 feet deep and water packed or compacted upon
installation. All locations and routes of pipelines shall be
clearly indicated. No pipelines shall be permitted which do not
serve a well or wells located upon OWNER' s property.
4 . OWNER agrees to waive the minimum thirty day written
notice requirement described in the Notice Letter provided by SOCO
to OWNER when it initially gave notice of its intent to drill on
the lands .
2.
5 . When the word "SOCO" is used in the Agreement, it shall
mean the successors and assigns of Snyder Oil Corporation,
including but not limited to its employees and officers, agents,
affiliates, contractors, subcontractors and/or purchasers .
6 . This Agreement shall be binding upon and inure to the
benefit of the heirs, successors and assigns of the parties .
7 . This Agreement is subject to Exhibit "A" , a plat showing
the approximate locations of SOCO' s welisite, access road,
flowlines, production facilities, etc . , attached hereto and by this
reference made a part hereof .
Dated this /gin day of March, 1994 .
OWNER:
i
SA. a ison
AlFaye Jamis
. 3 . . .
EXHIBIT "A"
Attached hereto and made a part hereof that certain Surface Damage Agreement dated
1994 by and between Jarrold A. & Faye L. Jamison, "OWNER", and Snyder Oil Corporation,
"SOCO".
Township 3 North, Ranee 65 West, 6th P.M.
Section 32: S/2SE/4
WELh CmDWI ROAR 28
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