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/ Tim Kent
r' VA.L .1_D cou : I I 36731 Brian Avenue
Windsor, CO 80550
pc/ !,,.� ,� {�, 9• o i (970) 686-7375
/' Pici--TO T . March 30, 1998
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Mr. Todd Hodges
Lead Planner
Planning and Zoning Department
Weld County
1400 N. 17th Avenue
Greeley, CO 80631
RE: Development Standard Violations at Buckeye Trap and Skeet Range,
6255 Weld County Road 74
Dear Mr. Hodges:
I would like to bring possible violations of the Special Use Permit Development Standards on
the above referenced property to your attention. I appreciate your efforts to clarify these
issues and take immediate steps to rectify any violations.
Item 10 of the Development Standards requires that "The perimeter of range shall be
landscaped to provide natural noise barriers as shown hereon". The diagram on file indicates
that the full boundary of the property be included. A physical inspection of the property shows
that currently only the South boundary has been landscaped to provide a barrier No barrier of
any kind is visible on the West, North, or East sides of the property.
The County's own studies show that the noise level in the Roth subdivision area is only slightly
lower than the noise level at the club itself. Given the distances involved, this clearly illustrates
that the requirement to provide a noise barrier has not been met.
Please determine if the lack of a noise barrier on the West, North, and East sides of the
property is in fact a violation of the Development Standards. If so, I would like to know what
steps the County will take to insure that an effective noise barrier is constructed immediately.
If not, please explain why a noise barrier is not required.
Reports currently on file in your office of preliminary noise studies also indicate possible
violations of Item 6 regarding permissible noise levels. I request that the studies needed to
decisively determine if current noise levels meet County, State and Federal requirements be
conducted at this time. Please explain for me why these studies have not been conducted in
the past and when the County will be conducting objective studies in the future.
980651
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I also note that there was no recent documentation on file that the current operation meets the
requirements of items 2 and 3. Namely, these requirements call for approval of the facility by
the American Trap Association and that qualified personnel supervise all operations. I request
your review of these requirements at this time.
I appreciate your time and effort to investigate these items and any others that you may
believe apply to this situation. For almost 20 years the vast majority of area residents have
requested action for mitigation of the negative influences this operation has on their property. I
trust that you will treat this request and their past pleas seriously by taking all necessary
actions to insure that County requirements are being strictly enforced and neighboring property
rights are being protected.
Please feel free to contact me if I can be of assistance. I look forward to your reply to this .
inquiry.
Sincerely,
Tim Kent
Cc: Commissioner George Baxter
- 2 -
From: VICKY SPRAGUE
To: JPICKLE
Subject: BUCKEYE TRAP
01-28-99
I am still holding a file on Buckeye Trap regarding a letter of complaint from
Tim Kent dated March 30, 1998. You were postponing your recommended response
until your investigation was complete. What is the status, please?
-3 \� ( c �� �N__
• •
From: SHEBLE MCCONNELLOGUE
To: ejerman
Date: 9/28/98 11:57am
Subject: shooting range -Forwarded -Forwarded
Eric-
Attached is the new legislation about this type of development.
Hi Eric-
Attached is some new legislation on shooting ranges. Looks like they are
exempt. The Buckeye USR states, " Applicant shall be responsible for
adhering to the sound levels listed in 25-12-103 In the Colorado Revised
Statutes 1973. " This Special Use Permit is zoned agricultural which is not
addressed in the C.R.S. Since the readings at the residences do not exceed 55
dbs (they register < 45 dbs) , and agriculture doesn't apply (across the street
from Buckeye where the levels are higher Q 70dbs) this facility is in
compliance. One other consideration is if the house was there before 1985.
I'm having Jeff Stoll look at this so if there are any changes, I'll let you
know.
See you soon. Sheble
From: LEE MORRISON
To: jstoll
Date: 9/21/98 12:18pm
Subject: shooting range
Reply requested when convenient
COLORADO SESSION LAWS
Sixty-First General Assembly, Second Regular Session
Additions are indicated by «+ Text +»; deletions by
«- Text -». Changes in tables are made but not highlighted.
Vetoed provisions within tabular material are not displayed.
CHAPTER 91
H.B. 98-1170
HEALTH--QUALIFYING SPORT SHOOTING RANGES, NOISE--CIVIL ACTIONS AND PENALTIES,
ASSUMPTION OF RISK
AN ACT CONCERNING QUALIFYING SHOOTING RANGES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 12 of title 25, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
« CO ST § 25-12-109 »
«+25-12-109. Exception--sport shooting ranges--legislative declaration.
(1) The general assembly hereby finds, determines, and declares that the
imposition of inconsistent, outdated, and unnecessary noise restrictions on
qualifying sport shooting ranges that meet specific, designated qualifications
work to the detriment of the public health, welfare, and morale as well as to
the detriment of the economic well-being of the state. The general assembly
further finds, determines, and declares that a need exists for statewide
uniformity with respect to exempting qualifying shooting ranges from the
enforcement of laws, ordinances, rules, and orders regulating noise. As the
gain associated with having a uniform statewide exemption for qualifying sport
shooting ranges outweighs any gains associated with enforcing noise
regulations against such ranges, the general assembly further declares that
the provisions of this section, as enacted, are a matter of statewide concern
and preempt any provisions of any law, ordinance, rule, or order to the
contrary.+»
«+(2) As used in this section, unless the context otherwise
requires:+»
«+(a) "Local government" means any county, city, city and county, town,
or any governmental entity, board, council, or committee operating under the
authority of any county, city, city and county, or town.+»
«+(b) "Local government official" means any elected, appointed, or
employed individual or group of individuals acting on behalf of or exercising
III ID
the authority of any local government.+»
«+(c) "Person" means an individual, proprietorship, partnership,
corporation, club, or other legal entity.+»
«+(d) "Qualifying sport shooting range" or "qualifying range" means any
public or private establishment, whether operating for profit or not for
profit, that operates an area for the discharge or other use of firearms or
other equipment for silhouette, skeet, trap, black powder, target,
self-defense, recreational or competitive shooting, or professional
training.+»
«+(3) Notwithstanding any other law or municipal or county ordinance,
rule, or order regulating noise to the contrary:+»
«+(a) A local governmental official may not commence a civil action nor
seek a criminal penalty against a qualifying sport shooting range or its
owners or operators on the grounds of noise emanating from such range that
results from the normal operation or use of the qualifying shooting range
except upon a written complaint from a resident of the jurisdiction in which
the range is located. The complaint shall state the name and address of the
complainant, how long the complainant has resided at the address indicated,
the times and dates on which the alleged excessive noise occurred, and such
other information as the local government may require. The local government
shall not proceed to seek a criminal penalty or pursue a civil action against
a qualifying sport shooting range on the basis of such a noise complaint if
the complainant established residence within the jurisdiction after January 1,
1985.+»
«+(b) No person may bring any suit in law or equity or any other claim
for relief against a qualifying sport shooting range located in the vicinity
of the person's property or against the owners or operators of such range on
the grounds of noise emanating from the range if:+»
«+(I) The qualifying range was established before the person acquired
the property;+»
«+(II) The qualifying range complies with all laws, ordinances, rules,
or orders regulating noise that applied to the range and its operation at the
time of its construction or initial operation;+»
«+(III) No law, ordinance, rule, or order regulating noise applied to
the qualifying range at the time of its construction or initial operation.+»
SECTION 2. Part 1 of article 21 of title 13, Colorado Revised Statutes,
is amended BY THE ADDITION OF A NEW SECTION to read:
« CO ST § 13-21-111.8 »
«+13-21-111.8. Assumption of risk--shooting ranges. (1) Any person who
engages in sport shooting activities at a qualifying sport shooting range, as
defined under section 25-12-109 (2) (d) , C.R.S. , assumes the risk of injury or
. 0 0
damage associated with sport shooting activities as set forth in section
13-21-111.7.+»
«+(2) For purposes of this section, "engages in sport shooting
activities" means entering and exiting a qualifying sport shooting range,
preparing to shoot, waiting to shoot, shooting, or assisting another person in
shooting at a qualifying sport shooting range. The term includes being a
spectator at a qualifying sport shooting range and being present in the range
for any reason.+»
SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Approved April 13, 1998.
, .
From: VICKY SPRAGUE
To: NORTHDOMAIN.NORTHPOST(JPICKLE)
Subject: Buckeye Trap Shooting Range -Forwarded -Forwarded -Reply
The board agreed you should respond after the investigation is complete.
Thanks for your help.
>>> JOHN PICKLE 07/22/98 02:07pm >>>
Vickie,
As you can see we have been working on this but apparanatly our we have not
completed our full investigation yet. Would it be better to respondt to the
�1complainanat as to where we are at now on this complaint, or wait until we are
finished? Let me know
9a-k- i Se" ell C3b ifile-i- e .
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From: JOHN PICKLE
To: CENTDOMAIN.CENTPOST.VSPRAGUE
Date: 7/22/98 2:07pm
Subject: Buckeye Trap Shooting Range -Forwarded -Forwarded
Vickie,
As you can see we have been working on this but apparanatly our we have not
completed our full investigation yet. Would it be better to respondt to the
complainanat as to where we are at now on this complaint, or wait until we are
finished? Let me know
CC: JSTOLL, CENTDOMAIN.CENTPOST.GBAXTER
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fer, 474 MEMORANDUM
WineTO: Staff/ File August 28, 1998
COLORADO From: Eric A. Jerman, Planner 6 �`�B\4
SUBJECT: SUP-389 Buckeye Trap and Skeet Range
Noise Testing has been conducted at the site on the following dates:
July 21, 1998 7:35 p.m. Weld Co. Health
August 4, 1988 5:30 p.m. Weld Co. Health Protection
December 30, 1989 9:30 a.m. Weld Co. Health
January 4, 1990 5:45 p.m. Weld Co. Health
January 6, 1990 11:30 p.m. Weld Co. Health
A letter dated June 9, 1988 from Lanell Swanson, Current Planner with Weld County
states that Development Standard #10 was incorrectly recorded on the Special Use Permit plat.
Apparently, the requirement for landscaping was amended to included just the South property
line along CR 74.
This is important. Because the basis for most all of the complaints about
Buckeye for the past 18 years has been based upon Development Standard #10.
This means that Buckeye does not need all the perimeter landscaping that was
originalTsked for by the Planning Commission and the Department of Planning
Service .
Also, Development Standard#4 was incorrectly recorded. It should now read that there
are no restrictions placed upon the number of consecutive days that shooting can take place.
A memo written by Wes Potter, Health Protection was written September 12, 1988 which
states that "The Health Protection Division would not consider these levels to be significantly
high enough to initiate compliance action against the facility."
A letter from Chris Brough and Tim Elder of Buckeye Trap Range dated May 27, 1998
indicates that there was a Show Cause Hearing sometime that same year before the Board of
County Commissioners where the applicant was allowed to install Skeet towers.
A Resolution from the Board regarding this matter is not in the SUP-389 file.
02/06/1999 18:17 970-686- SANDY LYLE/STRATEGIC PAGE 01
•
Facsi• � Tim Kent
mile 36731 Brian Avenue
y�a��, u�y=< ,<<• '= ;s""" _� ,� _ .,rT� ='_'=:a:;` d= Windsor, CO 80550
_ '�;.•°y <, �" Phone/Fax: (970) 886.7275 E-Mail: tim@sandy-lyle.com
TO: Mr. Eric Gelman,Planner No.of Pages: 3
Weld County Planning Dept.
RE: Buckeye Trap Club Noise Levels Date: August 26,1998
• Eric:
Following is the memo from Sheble McConnellogue of August 13, 1998.
• tt is important to remember that these are preliminary levels only, however I am certain that the average noise
level will be higher than indicated in this report. 1 believe noise levels are measurably higher when the number
of shooters increases and wind conditions are calm.
I have also included a copy of CRS 25-12-103. This sets out the maximum permissible noise levels under
Colorado law. As you suggested, it would be best if any actions contemplated at this lime keep these
requirements in mind in addition to the required landscaping or terming.
Thanks for your assistance and I look forward to speaking with you again in a few days.
•
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08/26/98 15:11 TX/RX NO.2163 P.001
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02/06/1999 18:17 970-686—# SANDY LYLE/STRAW PAGE 02
MEMORANDUM
'P To: Board of County Commissioners August 13, 1998
logo
CI From:Sheble McConnellogue,Environmental Protection Services
COLORADO Subject: Buckeye Trap Shooting Range
The Weld County Health Department has been working with the Department of Planning Services on a complaint
about the Buckeye Trap Shooting Range. In June,Sharyn Frazer and I visited the site to conduct a noise study.
Unfortunately,no one was there shooting. Since that date,I have done a site visit at three different occasions and
again,no one was there shooting. Sharyn spoke with Tim Kent,the complainant, and I spoke with him July 21,
1998. He mentioned that Tuesdays, Wednesdays, and Thursday evenings are nights when people are there
shooting. On July 21, 1998, at 7:35 p.m., I arrived at the site on Weld County Road 74 and there were a few
people shooting. The wind was coming from the northwest at 9 M.P.H_ Background sound levels ranged from
about 45-60 dBA because of the wind. Buckeye is only open until 8:00 p.m. Below are my findings.
• On Weld County Road 13,just east of and parallel to Buckeye,the decibel level at this location was 48-52
dBA.
• The south side of Weld County Road 74,just across from Buckeye,the decibel level at this location was 70
dBA
• By the time I arrived in the Roth Subdivision,the shooting ceased and I was unable to get a reading.
1,or someone In our Department will conduct further studies in the future.
pc: Jeff Stoll, Director, Environmental Protection Services
Sharyn Frazer,Zoning Compliance Officer
s5RvncE,TEAMWORK,II l GarrY.QUALITY
08/26/98 15:11 TX/RX NO.2163 P.002 U
Q2/@6/1999 18:17 97@-686- SANDY LYLE/STRe IC PAGE @3
—' I Page 1. of 2
Statute 25-12-103
Bowe Edit--Srju'ch Ncw Search
Pe .� _ - —
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= Maximum permissible noise levels.
25-12-103. Maximum permissible noise levels. (I) Every activity to which
Ithis article is applicable shall be conducted in a manner so that any noise
produced is not objectionable due to intermittence, beat frequency, or
shrillness. Sound levels of noise radiating from a property line at a distance
' of twenty-five feet or more therefrom in excess of the db(A) established for
the following time periods and zones shall constitute prima facie evidence that
such noise is a public nuisance:
7:00 a.m. to 7:00 p.m. to
Zone next 7:00 p.m. next 7:00 a.m.
Residential 55 db(A) 50 db(A)
Commercial 60 db(A) 55 db(A)
' Light industrial 70 db(A) 65 db(A)
Industrial 80 db(A) 75 db(A)
(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise
Ilevels permitted in subsection (1) of this section may be increased by ten
db(A) for a period of not to exceed fifteen minutes in any one-hour period.
(3) Periodic, impulsive, or shrill noises shall be considered a public
nuisance when such noises are at a sound level of five db(A) less than those
listed in subsection (1) of this section.
(4) This article is not intended to apply to the operation of aircraft or
Ito other activities which are subject to federal law with respect to noise
control.
(5) Construction projects shall be subject to the maximum permissible
I noise levels specified for industrial zones for the period within which
construction is to be completed pursuant to any applicable construction permit
issued by proper authority or, if no time limitation is imposed, for a
Ireasonable period of time for completion of project.
I (6) All railroad rights-of-way sha1,1 be considered as industrial zones
for the purposes of this article, and the operation of trains shall be subject
to the maximum permissible noise levels specified for such zone.
(7) This article is not applicable to the use of property for purposes of
Iconducting speed or endurance events involving motor or other vehicles, but
such exception is effective only during the specific period of time within
Iwhich such use of the property is authorized by the political subdivision or
governmental agency having lawful jurisdiction to authorize such use.
(8) For the purposes of this article, measurements with sound level
meters shall be made when the wind velocity at the time and place of such
I measurement is not more than five miles per hour.
(9) In all sound level measurements, consideration shall be given to the
effect of the ambient noise level created by the encompassing noise of the
environment from all sources at the time and place of such sound level
I measurement.
(10) This article is not applicable to the use of property for the
purpose of manufacturing, maintaining, or grooming machine-made snow. This
I subsection (10) shall not be construed to preempt or limit the authority of any
political subdivision having jurisdiction to regulate noise abatement.
I (11) This article is not applicable to the use of property by this state,
Il any political subdivision of this state, or any otherentity not organized for
profit, including, but not limited to, nonprofit corporations, or any of their
lessees, licensees, or permittees, for the purpose of promoting, producing, or
holding cultural, entertainment, athletic, or patriotic events, including, but
not limited to, concerts, music festivals, and fireworks displays. This
I subsection (11) shall not be construed to preempt or limit the authority of any
political, subdivision having jurisdiction to regulate noise abatement.
I
I
I
http://w.-./statdspf.exe?N&srch=25%2d12%2d103&m=1&r=108cs'68938t=893692371&cr= 4/27/95
08/26/98 15:11 TX/RX NO.2163 P.003II
A
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MEMORANDUM
To: Board of County Commissioners July 22, 1998
From: Sheble McConnellogue, Environmental Protection Services
COLORADO Subject: Buckeye Trap Shooting Range
The Weld County Health Department has been working with the Department of Planning Services on a complaint
about the Buckeye Trap Shooting Range. In June, Sharyn Frazer and I visited the site to conduct a noise study.
Unfortunately, no one was there shooting. Since that date, I have done a site visit at three different occasions and
again, no one was there shooting. Sharyn spoke with Tim Kent,the complainant, and I spoke with him July 21,
1998. He mentioned that Tuesdays, Wednesdays, and Thursday evenings are nights when people are there
shooting. On July 21, 1998, at 7:35 p.m., I arrived at the site on Weld County Road 74 and there were a few
people shooting. The wind was coming from the northwest at 9 M.P.H. Background sound levels ranged from
about 45-60 dBA because of the wind. Buckeye is only open until 8:00 p.m. Below are my findings.
• On Weld County Road 13,just east of and parallel to Buckeye,the decibel level at this location was 48-52
dBA.
• The south side of Weld County Road 74,just across from Buckeye,the decibel level at this location was 70
dBA
• By the time I arrived in the Roth Subdivision, the shooting ceased and I was unable to get a reading.
I, or someone in our Department will conduct further studies in the future.
pc: Jeff Stoll, Director, Environmental Protection Services
Sharyn Frazer,Zoning Compliance Officer
SERVICE,TEAMWORK,INTEGRITY,QUALITY
. .• .
FAX TRANSMISSION
WELD COUNTY
OFFICE OF THE BOARD
FAX: 970-352-0242
PHONE 970-356-4000, Ex-r. 4200
To: John Pickle Date: July 13, 1998
Fax: 356-4966 Pages:
2 plus
cover
Phone:
From: Vicky Sprague
Subject:
COMMENTS:
The attached letter was received in March and to my knowledge,no one has ever responded.
Last I heard, Monica said since it is a noise complaint, it was forwarded from Planning to the
Health Dept. Would you please follow-up and advise status? We need a copy of the response to
complete our file. Thanks for your help.
P r
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