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Home My WebLink About991760.tiff RIVERDANCE LAND CO., LLC. Siegrist Constuction Co. 875 West 64th Ave. Denver, Colorado 80221 Submitted in response to request for Use By Special Review Ademar Constuction Francisco & Maclovio Martinez Case Number USR-1220 Docket# 99-42 Hearing Date June 30, 1999 @ 10:00 June 25, 1999 2 EXHIBIT E 991760 u64** aolo June 25, 1999 Weld County Board of Commissioners 1400 N. 17th Avenue Greeley, Colorado 80631 RE: Ademar Constuction - Case Number USR-1220 -Docket#99-42 -Hearing Date June 30, 1999 @ 10:00 a.m. Siegrist Companies represents the property owners south and east of the concrete batch plant being proposed by the applicants, Francisco and Maclovio Martinez. Property owners represented by Siegrist Companies include; St. Vrain Land Company, Construction Leasing Investment Co., Robert L. and Winifred J. Siegrist, and RiverDance Land Co, LLC. Collectively, they own a 500 acre development known as RiverDance (formerly Waterside), which is currently in the planning process. The sketch plan for RiverDance has been submitted, comments received, and the request for change of zone will be submitted on, or about, July 1, 1999. Siegrist Companies would request that the Use By Special Review be denied based on three areas of concern. First, long term planning for the Del Camino area did not include the installation of a concrete batch plant at this location. Secondly, the type of facility being proposed does not meet the list of intended uses in the MUD. Third, a concrete batch plant is not compatible with intended uses within the MUD. First, it is our opinion that a industrial concrete batch plant complete with; trucks, loader, noise and dust, is not consistent with the long term planning for commercial and residential development within the Del Camino area. Siegrist Companies, and the related parties listed above, have owned property in the Del Camino area since 1979. Some of the property was purchased as gravel reserves, while other property was purchased to supplement reclamation activities and end use plans including; commercial and residential development. In the mid eighties, Siegrist Companies and other land owners in the area, considered the long term needs of the Del Camino area. One of the most substantial accomplishments of this group was the formation, construction, and operation of the St. Vrain Sanitation District. In addition to planning done within the private sector, Weld County developed the Mixed Use Development Plan (MUD), which originally encompassed the same area as the St. Vrain Sanitation District. This plan was approved by the County Commissioners in 1996. As a result of these activities, property owners and Weld County have invested considerable time and capital into long term planning for the Del Camino area. A concrete plant, located in the area being proposed, was not part of the long term plans and will be detrimental to development in the area. Our second concern is that the use does not comply with the uses allowed in the Weld. County Mixed Use Development Plan dated September 1, 1996. A concrete batch plant is clearly an industrial use, which should not be allowed in the MUD. However, should the concrete batch plant be allowed in the MUD, the facility must be classified as a manufacturing plant. Generally a manufacturing plant is where raw materials are processed into a finished product. In this case; sand, gravel, cement, additives, and water are blended in proper proportions. The resulting product being concrete. Manufacturing is allowed within Employment Centers under Section 2.2.1, which clearly states: all manufacturing must be "conducted entirely within enclosed buildings.". The proposal submitted by the applicant does not meet this criteria, and most likely due to the nature of the process, would not be able to meet the requirements of Section 2.2.l.. Furthermore, a concrete batch plant should not be exempt from the requirements of the MUD, as has been implied. At the hearing before the Planning Commission, Assistant County Attorney Lee Morrsion stated; "a concrete batch plant is typically associated with . . . sand and gravel operations."1. and section 2.5.2 of the MUD exempts "Sand and Gravel Mining Operations" from the PUD provisions. We believe that this interpretation is incorrect. It seems clear that sand and gravel operations were exempted from the MUD due to the several sand and gravel operations within the area, which were permitted prior to the MUD. In addition, Colorado State law, specifically Senate Bill 35, requires that where gravel reserves exist, the reserves must be extracted prior to development, when practical. Mr. Morrision's interpretation that sand and gravel mining and concrete production is one in the same is simply not the case. It seems clear that the exemption included in the MUD was to allow existing sand and gravel reserves to be depleted prior to development, and not to exempt concrete batch plants. It is true that concrete batch plants have in fact been located at sand and gravel mining locations located within the MUD, as has been implied. However, this is done as a cost savings to the operator and is generally acceptable to the controlling governmental entity because it reduces traffic on the roadway system, and concentrates heavy industrial activities to one area. However, the property in question is not related to any kind of mining activity, and is not covered in the Senate Bill 35 overlay area. Furthermore, in the case of the applicants request, the benefits of combining sand and gravel mining with concrete manufacturing are lost as sand and gravel must be hauled over public roadways to the concrete batch plant. After the concrete is manufactured, it will be hauled back out of the site, thus increasing both the cost of the concrete and amount of truck traffic on the roads. Therefore, as stated above, sand and gravel mining is a prerequisite to manufacturing concrete, not the other way around as has been implied. In addition, the applicant's own application clearly states, "None of the material used in the production of concrete will be mined at the site.". Based on these facts, it is clear that the proposed concrete batch plant does not meet the requirements for the exemption allowed for sand and gravel operations as specified in Section 2.5.2 of the MUD plan. Our third objection to the proposed concrete batch plant is the compatibility with proposed land uses in the area. Section 24.3.1.4 of Weld County zoning ordinance states; "uses which would be permitted will be compatible with future development of the surrounding area permitted by the existing zoning and with the future development as projected by the comprehensive plan.". Comments prepared by the Weld County Planning Department, prior to the Planning Commission hearing state; "the batch plant poses an extreme disparity with the use of the Waterside (RiverDance) PUD to the south and the east.". It stands to reason that since the RiverDance development is in compliance with the MUD, approval of the concrete batch plant would be in violation of the compatibility requirements of Section 24.3.1.4. Not only is the proposed concrete batch plant not compatible due the excessive noise, dust and environmental issues associated with this type of industrial manufacturing facility, the visual impact is not compatible with the proposed uses at RiverDance. We have enclosed several photographs of the concrete batch plant as viewed from the RiverDance development. Most notable is the obstructed view of Longs Peak (Photograph #1) and the obstructed view from our primary entrance (Photograph #2). Photograph #2 looks through an area which was to have been maintained as wetland open space. These photographs are included in Exhibit B. Exhibit A shows the location from which the photographs were taken. As detailed in a letter from our land planner, attached as Exhibit C, the site was designed to optimized the view corridors. As the photographs vividly show, the installation of the concrete batch plant, at the proposed location, obscures those views and thus diminishes both the desirability and value of the residential lots. For additional information concerning the diminished value the RiverDance property, and the impact on future development in the area, please see the attached letter from Griffin Marketing included as Exhibit D. Finally, we would like to address the specific location of the plant on the applicant's property. Had this review for Special Use occurred prior to construction of the plant, we would have requested, assuming the Weld County Board of County Commissioners considered allowing the Concrete Plant in an Employment Center, that the plant site be moved to the north. You will note on the attached Exhibit A, the applicant has located the concrete plant where it will most impact our development. Should the Commissioners find that the applicants concrete plant is allowed in an Employment Center, we would request that the plant be moved to the northwest corner of their property, where it will least impact the future homeowners at RiverDance. In addition, we would also ask the Commissioners to impose buffering and landscaping requirements commensurate with industrial uses. Lastly, storage of all aggregates, equipment, and other materials, as well as manufacturing of the concrete, should be done in a enclosed building in accordance with Section 2.2.1 of the MUD. In addition, many operational issues associated with the operation of a concrete batch plant, have not been addressed by the applicant. Photographs #3 through #8 were taken at other concrete facilities within the area, and show typical concrete plant operations and the problems associated with their operation. Photographs #3 and #4 show concrete washout areas. The concrete washout area is used to clean the mixer drums. The applicant does show a detention area, however, has not addressed how the settling will occur and what measures will be taken to assure no washout water contaminates the surrounding area, including our wetland area and lakes. Another operational issue at a concrete plant is the disposal of waste concrete. The applicant does show a concrete waste area located close to our property line. Photographs #5 and #6 show a concrete waste area at currently operating concrete batch plant. The applicant has indicted on their plan that the concrete waste is to be recycled however, they have not indicated if they would seek approval of an additional permit to install a crushing plant on site, or if they plan to haul material to another facility for processing. We have also attached Photographs #7 and #8 which show normal plant operations, and one method of stockpiling. In closing, I would like to thank the Commissioners in advance for their consideration of our concerns and ask that the Use By Special Review be denied, and the facility,, which was placed illegally on the property without knowledge or consent of the various governmental agencies or the adjoining landowners, be removed. If I can answer any questions I may be reached at (303) 427-8472. / Sincerely, ( r. lictfael U. Siegrist President 1) Weld County Planning Commission minutes dated May 4, 1999 O b I ). 7 r' ,/',y II `v f } s. �� lc1 � , ' \��I\1 i ��- 'fir �S '%r ct i ,\I: tl 11 � 1>11 ii� 1 is I o NNN MCI •. . , 1 ) tt $ . � �r a - -- - , i j Nil I 3\tH s1w 0 . 1L IIIIJIIIGI I > \ . il II { Ii ' Ce It )22I itI ` i 1 eld ` , VI I i ii t 4) 0) 0 a 0 GRIFFIN MARKETING June 23, 1999 Weld County Board of Commissioners 1400 N. 17th Avenue Greeley, CO 80631 RE: ADEMAR Construction Case #: USR-1220 Docket # 99-42 Hearing Date: June 30, 1999, 10:00 a.m. Dear Board of Commissioners, Griffin Marketing, Inc. is an exclusive real estate marketing firm designed to promote and sell upscale custom home communities. Siegrist Companies has retained our services to promote their property, RiverDance, formerly Water Side, to the north Denver metro region. Out interest in representing this special parcel of land is two-fold. First, the growing employment base around Del Camino, along with Longmont, Boulder and north Denver combined with anti-growth sentiments in Boulder County, has created a housing shortage. Secondly, very rarely does a parcel of land appear that offers the special amenities that luxury homebuilders and homeowners feel privileged to live in. That is our focus in the development of this property. Combining water front homesites in a rural setting with outstanding views of the mountains, we intend to have custom homes constructed comparable to other communities that we represent in Boulder County. These homes range in price from $350,000 to over $1,000,000. When we first met with the land planners to create the sketch plan, we envisioned developing a custom home community in Weld County that would rival any luxury home community in the Denver/Boulder area. We envisioned hosting the Denver Metro Parade of Homes, an event that attracts over 120,000 visitors every year. What we didn't 1371 Ilecla Drive • Suite F • Louisville, CO 80027 • (303) 604.6100 • FAX (303) 604-6166 envision was that when those visitors toured the homes, looked over the lakes and gazed out at the mountains they might be looking at a 24 hour concrete batch plant operation. Regardless of the devaluation of the homesites, the real concern might be why zoning regulations would support concrete operations next to any residential community and even more so next to one with such unique qualities. Should plans for the concrete plant actually survive this case, RiverDance as a higher end community would be scaled back considerably thus lowering the property value for more than just the parcel it sits on but the surrounding area as well. Such approval would also create additional financial burden to the land owner and deprive future home owners of a truly distinctive living experience. Sincerely, �A , Michael C. Wood President/Managing Broker MCW/jah CC: Mike Siegrist EXHIBIT B O PtIfitograph II II Looking west from residential Lots - Longs Peak in Background Pt `e - ' °:top,, " - . L a. �� iy �pri r ai• • ,, f R _ ,K Photofiraph g 2 View Corridor through Wet Land Area ' 1' SOkt. asklaita a r 1p, IiiiicyR@g ri2i ph 0 Typical Wash out Facility ..,i. • I +np, - ^ R WS .,• Mr' �Y+.w J01t .,'.T-0'4A 1 At J '�1'IM •Pi k �. � t TV' ia Il;r1� T �+�r Rs 13 .. 1/4.0.44 �^ a, L aRr'Y e. siw � �� A to t ` yae"� gins 3' ••r A.. a7a ,�� y rs g Typical Wash out Facility Ili ,, y _ .-n • •�. c " Rr^ iisol air r i ' '>, - . - ' 1 it s ' � t.. _. "VW eke 'T ...:I.-,rw ":3 y o 4 pNoIRo gg B pD g Concrete Waste Area• tie 1y • ry'Y� r,in Ire wk l t t fa 'gyp I � • �.R�i'\ Is i Y 's �T' 1y�. PhOR©gpalph C Concrete Waste Area ati tr °i r,.ti?°nt ki r rav x u I.40 vamiridellsommY - • hcyR@gri7n,(Dh Sand & Gravel Stockpliles @g©-0 ni®PIO S 1 Xl Normal Plant Operations Yr it -. _ . ... Ascp,,,,,,,, MEMORANDUM TO: Eric Jerman, Planner DATE: June 25, 1999 WI t FROM: Donald Carroll, Engineering Administrator eSUBJECT: USR-1220: Ademar Construction C. COLORADO I have received the Storm Water Drainage Plan for Ademar Construction which was submitted by Alpha Engineering Company. This report has been stamped and signed by a professional engineer. Weld County Public Works Department has reviewed the proposal and calculations and has no conflict with this report. Item #3 of my memo of March 5, 1999, has now been met. I will retain the original copy and plat drawing in my file. If you need a copy, please contact me. cc: USR-1220 Francisco Martinez Weld County Planning Dept. plan16 JUN 28 1999 RECEIVED [ 22! EXHIBIT 8 F oS' to zzo ThttleApplegate,lnc. Consultants for Land, Mineral and Water Development June 22, 1999 Weld County Planning Dept. JUN 23 1999 Attention: Jennifer Mehring Weld County Planning Department RECEIVED Secretary to Weld County Planning Commission 1555 N. 17th Avenue Greeley, CO 80634 RE: Summary of the Weld County Planning Commission Hearing - Case # USR-1220 (Ademar Concrete Batch Plant) Dear Jennifer: Please place this letter in the above mentioned project file and provide a copy to the Board of County Commissioners prior to their June 30th hearing. As conveyed in our telephone conversation last month, the summary for Ademar Batch Plant does not fully summarize the concerns I presented at the Planning Commission hearing held on May 4, 1999 on behalf of Mike Siegrist, Siegrist Companies. The concerns presented at the hearing included: 1) Negative Visual Impact Siegrist Companies is developing the land south and east of the batch plant. A Sketch Plan was submitted last year for a 600 to 800 residential and commercial development (see site plan enclosed) and a Planned Unit Development Change of Zone application (Riverdance PUD) will be submitted in July 1999. Views of the mountains, lakes on-site, and the St. Vrain Creek corridor are visual assets of the property and residential units have been oriented towards these features. The batch plant is situated in the middle of the view corridor to the west and will negatively impact the Siegrist property. 2) Noise, Dust, and Lighting The plant is to operate 12 to 15 hours during the off peak season and 24 hours during the peak season. The noise of the operation, dust, and lighting of the facility are concerns since residential development is proposed within close proximity of the batch plant. EXHIBIT 1 C LT us2 #iz2O 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 Ademar Concrete Batch Plant Job#99-158 Page 2 of 3 3) Traffic Impacts The main entrance of the Siegrist development is south of the batch plant. Safety issues of truck traffic mixing with a large residential development on the 1-25 Frontage Road should be reviewed further by Weld County prior to making a ruling on this project. 4) Drainage Issues The batch plant site plan illustrates a detention pond on the southern portion of the parcel. Since the Siegrist property is situated below their detention pond and development is to occur in this area, the property owner is curious where the detained water will be released. 5) Pollution The question of how on-site pollution (i.e., oil/gas spills) is handled since the Siegrist property is situated downhill from the batch plant. 6) Compatibility The batch plant is not a compatible use with land uses proposed on the Siegrist property (i.e., residential and neighborhood commercial) and uses identified through the Mixed Use Development Plan. 7) Illegal Structure The batch plant was built without any County review or permits. Without going through the proper County procedures, Siegrist Companies was not able to object to the location of this structure. Had the batch plant been open to public comment, this structure may be situated in another location on the applicant's property. 8) Relocation of Batch Plant Siegrist Companies does not believe that the batch plant is a permitted use. However, should the County allow such a use, Siegrist Companies would request the batch plant be moved to the north side of the applicant's property. 9) Special Review Process It is unclear why this application is exempt from the PUD District provisions of the Mixed Used Development Plan and being reviewed under the Special Review process. The concrete batch plant proposed is not a "Sand and Gravel Mining Operation" since no mining of this type will be occurring on the property. In addition, concrete batch plants are not indicative of this type of mining and are absent on some sand and gravel mining sites. Ademar Concrete Batch Plant Job#99-158 • Page 3 of 3 Should you have any further questions please do not hesitate to contact me at 303-452-6611. Sincerely, TUTTLE APPLEGATE, INC. *t QL CQAS 4 - Molly Orkild-Larson, AICP cc: Mike Siegrist, 99-158 Ne�.eivLU: oil/i9 ; I,:IU, 1 JuO 004 bbj4 -- hoe MAN, NI JUN-17-99 02 :33 PM 26646668 723 1 303 684 9893 P.01 USDAUnited States Natural Resources Longmont Field Office iiiiiiii Department of Conservation 9595 Nelson Road - Suite D Agriculture Service MRCS) Longmont, CO 80501 Serving Soaker, Southwest Weld and Northwest Adams Counties Telephone:303 778.1242 X101 tesmay@co.nres.usda.gov fox: 303 884.9893 June 17, 1999 Francisco Martinez Ademar Ready Mix PO Box 344 Firestone, Colorado 80520 FAX # 303 833 3219 Mr. Martinez, I have reviewed your most recent letter dated June 15, 1999 regarding changes to your proposed reclamation, landscaping, weed control and water quality management plans for the Ademar Ready Mix Batch Plant in SW Weld County, Colorado . Your updated proposal appears adequate to address the concerns I identified in your earlier proposal, and in my telephone conversation with you. Sincerely, a &;t%- '117— Tim Carney Resource Conservationist. EXHIBIT ti I ask #10 The Naturd Resources Conservation Service works hand-In-hand with the American people to ermine natural rumor***on private lands. AN EQUAL OPPORTUNITY EMPLOYER AND PROVIDER. Received: b/10199; 11:0; 1 303 684 9893 SUN--10-99 01 :21 PM 26646668 723 USDAUnited States Natural Resources Longmont Field Office Department of Conservation 9595 Nelson Road Suite 0 Agriculture Service (NRCS) Longmont, CO 80501 Serving Boulder, Southwest Wild and Northwest Adams Counties Telephone: 303 776.1242 X101 tcameyeco.nres.usde.9ov Fax; 303 884.8893 June 10, 1999 Francisco Martinez Ademar Construction PO Box 334 Firestone, Colorado 80520 Subject: Comments on the reclamation information you submitted to this office. I have briefly reviewed the reclamation information you Faxed to me this week. I offer the following comments : Revegetation and topsoil berm seed mix: Change mix each smooth bromegrass, f intermediate rom that twheatgrass,ed in your l and ewestern r to awheatgrass. There is no mention of the control of noxious weeds as required by Colorado State Law and the Colorado Division of Minerals and Geology. There is no mention of steps to prevent negative water quality impacts to the irrigation ditch which flows though the site and delivers water to nearby farms. Sediment, weeds and any potential foreign materials need to be mitigated from impacting this ditch. Please consult the Colorado Department of Natural Resources Division of minerals and Geology to determine if your proposal meets their requirements. Thank you, // Tim Carney - Resource 'Conservationist cc: file The Natural Resources Conservation Service works E UAL OF-head w with the EMPLOYER AND PROVIDER.concern natural resources on private lands. STATE OF COLORADO Bill Owens,Governor Off.COAD Jane E.Norton,Executive Director �`` X. Dedicated to protecting and improving the health and environment of the people of Colorado �'n e * • ' ' * 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division + •,,,:: * Denver,Colorado 80246-1530 8100 Lowry Blvd. r iron' Phone(303)692-2000 Denver CO 80220-6928 Colorado Department Located in Glendale,Colorado (303)692-3090 of Public Health http://www.cdphe.state.co.us.co.us and Environment Water Quality Control Division WQCD-PERMITS-B2 (303)692-3500 FAX(303)782-0390 June 17, 1999 Francisco M. Martinez Ademar Ready Mix P.O. Box 334 Firestone, CO 80520 RE: Need For a Permit Ademar Ready Mix Weld County Dear Mr. Martinez: This letter responds to your 6/14/99 and 6/16/99 faxes regarding the need for a Colorado Discharge Permit System (CDPS) permit for your proposed Weld County batch plant operation. Colorado administers the NPDES program under the CDPS regulations. On the basis of these letters and subsequent telephone conversations, the Division will not require a CDPS permit for activities at your site. Your letters indicate that sanitary wastes go to a septic system with a leach field, and that a retention pond serves to collect drainage from the site. The septic system would not require a CDPS permit. If all stormwater from the entire site is collected in the drainage pond with no overflow, it would not require a CDPS permit. If any stormwater is discharged from any portion of the site, a CDPS stormwater permit would be required. It is our understanding from the telephone conversations that all stormwater will be captured in the drainage pond and none will be discharged off the property. In your latest letter, you indicated that before you wash out concrete trucks you will construct s'h` it. You also stated that the site is about one mile from the St. Vrain River and that the closest surface water, Highland Ditch, is one-half mile away and upgradient:. On this basis, a -0 pate will not be required for this activity. We request that when the pit is constructed, you submit a letter to the Division describing how the pit was lined. If you have further questions, please contact me at (303) 692-3605 or Michael Liuzzi at (303) 692-3588. Please contact Nathan Moore at (303) 692-3555 for stormwater questions. Sincerely, Jon C. Kubic Environmental Protection Specialist Permits Unit, Water Quality Protection Section xc: Weld County General File 'z. EXHIBIT y Miliechael Liuzzi, Permits Unit, WQCD ,Nathan Moore, Permits Unit, WQCD _2- Id County Health Department USR ft/.220 STATE OF COLORADO Bill Owens,Governor oF:Cow Jane E.Norton, Executive Director 'cc' Dedicated to protecting and improving the health and environment of the people of Colorado '"«; 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division Denver,Colorado 80246-1530 8100 Lowry Blvd. •1976 Phone(303)692-2000 Denver CO 80220-6928 Located in Glendale,Colorado (303)692-3090 Colorado Department of Public Health Water/Quali cdphe.state.co.us and Environment Water Quality Control Division WQCD-PERMITS-B2 (303)692-3500 FAX(303)782-0390 June 15, 1999 Francisco M. Martinez Ademar Ready Mix P.O. Box 334 Firestone, CO 80520 RE: Need For a Permit Ademar Ready Mix Weld County Dear Mr. Martinez: This letter responds to your 6/14/99 fax regarding the need for a Colorado Discharge Permit System (CDPS) permit for your batch plant operation. Colorado administers the NPDES program under the CDPS regulations. Your letter indicates that sanitary wastes go to a septic system with a leach field, and that a retention pond serves to collect drainage from the site. The septic system would not require a CDPS permit. If all stormwater from the entire site is collected in the drainage pond with no overflow, it would not require a CDPS permit. If any stormwater is discharged from any portion of the site, a CDPS stormwater permit would be required. In our telephone conversation you indicated that water from washing of concrete trucks goes to an unlined pit. Pits such as these are typically near a river or other state waters and seepage can cause a subsurface hydraulic connection to be established. This typically results in raising the pH in the river, which is detrimental. Because our agency has authority for discharges to groundwater and subsurface discharges to surface waters, a CDPS permit would be required for such an unlined pit. To avoid having to obtain a permit, we recommend that you line the pit to prevent seepage. Other ready mix operations have used excess concrete to line their pits. This is a practical solution and would avoid the need for you to obtain a CDPS permit. You would need to demonstrate to the Division that the pit was imperviously lined on the bottom and all sides before we could issue a determination that no permit is required for the pit. If you have further questions, please contact me at (303) 692-3605 or Michael Liuzzi at (303) 692-3588. Please contact Nathan Moore at (303) 692-3555 for stormwater questions. Sincerely, on C. Kubic Environmental Protection Specialist Permits Unit, Water Quality Protection Section xc: Weld County General File Michael Liuzzi, Permits Unit, WQCD '' Nathan Moore, Permits Unit, WQCD veld County Health Department I. U.1JJJ 10 S4W1 - R).797 P.lil Weld County Health Department Greeley, Colorado The Ademar Ready Mix Batch Plant will not release any water in any form in State Waters. The batch plant will have a leach field for its spetic system, and a retention pond for drainage. Since there will be no discharge into State waters, there is no need for a permit. Sincerely, Francisco M. Martinez neceivea: JLN.16.1999 B:28AN COSTILLA COUNTY ASCFSSOR NO.831 P.1/3 June 15, 1999 Mr. Tim Carney Longmont Field Office 9595 Nelson Road - Suite. D Longmont, CO 60501 Dear Mr. Carney, The Ademar Ready Mix Batch Plant will not release any polluted water into State Waters. The plant will have a leach field for its septic system, and a retention pond for site drainage. There will be no mining on site; sand and gravel will be trucked in, and the batch plant is about one mile from the St. Vrain River. An additional pit will be built, and lined. This will he used for washing trucks. There is an irrigation ditch providing farmers with irrigating water, but it is about half-a-mile north, uphill from the plant site. There is no possibility of pollution of dtich water by the plant. Thank you for your consideration. Sincerely, Francisco M. Martinez = EXHIBIT lASE ire/2o HYJtl1vtlU. U; OJ bey . JUN.16.1999 8:28AM COSTILLA COUNTY ASSESSOR NO.831 P.2,3 RECLAMATION The Ademar Concrete Ready Mix Plant is located on a site off I-25 Frontage Road approximately one mile south of Weld County Road 28. The site is designated as Commercial/Industrial an the Weld County M.U.D. plan. The property was used as an irrigated meadow and contains 5 acres, approximately. That part where the plant is located has been graded, and a berm has been built on the West side between the property and I-25 Frontage Road. There is another berm in the process of building on the East side of the batch plant site. When the batch plant site is vacated, the land will be reclaimed to its original use which is meadow unless a permit is acquired for a commercial or industrial use. The site if returned to agricultural use will still retain its Commercial/Industrial designation. The berm containing top soil removed during the grading for the batch plant site will be spread over the site from which it came, and the retention pond on the South-east corner of the property will be filled. The truck pit wash will be dismantled and filled in as well. The concrete pad' for the plant will be torn-out and disposed of in an environmentally sound manner by recycling or removal. Grass will be planted as followsc Thirty three percent each , Smooth bromegrass BROMIUS, Intermediate wheatgrass, AGROPYRON INTERMIDIUM, western wheatgrass, AGROPYRON SMITBII. Access to the property will be removed as required, and drains, waterlines, and other infrastructure will be removed as necessary. LANDSCAPING Landscaping will be accomplished by seeding the berms, and exem ground not used by the batch plant, with grass. Trees will be planted around the perimeter of the site. A sprinkler system will be installed to water the grass and trees. Pecelveu: 0/16/99; 9:11; _+ AULMAN; N3 JUN.16.1999 B:28AM COSTILLA COUNTY ASSESSOR NO.831 P.3,3 NOXIOUS WEED CONTROL Weed control base will be implemented on an regular basis, and herbicide will be used to control weeds, based on the types of weed present on site at the time. WATER QUALITY The Ademar Ready Mix Hatch Plant will not release any water into State waters. The batch plant will have a leach field for its septic system, and a retention pond for site drainage. There will be no mining on site, and the ready mix batch batch plant is about one mile from the St. Vrain River An additional pit will be built, and lined, to be used in washing of trucks. There is an irrigation ditch (Highland ditch) about half-a- mile North, uphill, from the plant site. There no possibility of pollution of highland ditch water by the plant. There is a cement lined ditch about 50 feet North, of the plant that was used to irrigate the meadow where the plant is located, and used to drain strum water from the land to the North. Hecelvea: 6/22/99, 1:b8; aU3613516c AUtMAH; ei 1999-06-22 08: 11 3035735166 ** FACSIMILE SERVICE STATION ** 002 P01 LEGAL DESCRIPTION: (USR AREA) PART OF THE WEST HALF OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M.. COUNTY OF WELD, STATE OF COLORADO. BEING DESCRIBED AS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 35 AND CONSIDERING THE WESTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 35 TO BEAR SOUTH 00'56'59' EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'16'36" EAST ALONG THE NORTHERLY LINE OF SAID SOUTHWEST 1/4 OF SECTION 35 A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'56'59' EAST PARALLEL WITH SAID WESTERLY LINE OF THE SOUTHWEST 1/4 OF SECTION 35 A DISTANCE OF 553.28 FEET TO A POINT 2126.71 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SOUTHWEST 1/4 OF SECTION 35; THENCE SOUTH 88'39'32" EAST A DISTANCE OF 130.88 FEET; THENCE NORTH 00'12'13" WEST A DISTANCE OF 379.20 FEET; THENCE NORTH 88'12'05" EAST A DISTANCE OF 185.84 FEET; THENCE NORTH 00'57'12" WEST A DISTANCE OF 172.50 FEET; THENCE NORTH 82'52'48" EAST A DISTANCE OF 12.90 FEET; THENCE NORTH 00'02'59" EAST A DISTANCE OF 607.96 FEET; THENCE SOUTH 89'03'19' WEST A DISTANCE OF 344.90 FEET TO A POINT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 00'56'43" EAST PARALLEL WITH SAID WESTERLY LINE OF THE NORTHWEST 1/4 OF SECTION 35 A DISTANCE OF 604.74 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 7.186 ACRES MORE OR LESS. OouNTA/A, MOUNTAIN VIEW FIRE PROTECTION DISTRICT ,��+ a Administrative Office: tL s 9119 County Line Road • Longmont, CO 80501 /I:, a �alw�� (303) 772-0710• FAX (303) 651-7702 e 'L�iIi e VIEW Weld County Planning Dept. JUN 16 1999 June 14, 1999 RECEIVED Mr. Eric Jerman Weld County Planning Department 1555 North 17th Street Greeley, CO 80631 Dear Mr. Jerman: I have completed an inspection at the Ademar Construction Batch Plant Facility. The requirements of the Fire District have been met for the facility. In accordance with Section 903.2 and Section 3.1 of Appendix III-A of the Uniform Fire Code, the Fire Chief will not require water supply for fire protection based on the nature of the facility. If any additional buildings or facilities are constructed, Fire District review and approval will be required and water supply for fire protection requirements may apply. Should you have any questions, please contact me at 303-772-0710. Sincerely, ._)\-,Q `Q LuAnn Penfold Fire Marshal LMP/Ip cc: Francisco Martinez, Ademar Construction, P.G. Box 334, Firestone, CO 80520 Roger Vigil, Weld County Building Department, 1555 N. 17th Street, Greeley, 80631 project file file 106.1599 EXHIBIT U K teSe -444220 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 PO.Box 11 10911 Dobbin Run P.O.Box 666 P.0.Box 90 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette.CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie.CO 805`6 Darono.CO 80514 11 DEPARTMENTOF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17TH AVENUE GREEL.EY,COLORADO 80631 is t ADMINISTRATION(970)304.6410 WI Ile PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FES(970)304-6415 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO June 14, 1999 Maclovio Martinez P.O. Box 334 Firestone, Colorado 80520 RE: Individual Sewage Disposal System Permit No.: SP-9900176 Location: 12632 Weld County Road 9 Dear Mr. Martinez: This is to inform you that your Engineer Designed Septic System has been reviewed by the Weld County Board of Health and approved. A copy of the Weld County Board of Health I.S.D.S. Review Form and your I.S.D.S. Permit are enclosed. PLEASE NOTE THAT THE SYSTEM MUST BE INSPECTED BY A REPRESENTATIVE OF THIS DEPARTMENT AND BY THE DESIGNING ENGINEER. BEFORE THE SYSTEM CAN BE APPROVED FOR OPERATION. THE ENGINEER MUST CERTIFY TO THIS DEPARTMENT, IN WRITING, THAT THE SYSTEM HAS BEEN INSTALLED ACCORDING TO HIS/HER SPECIFICATIONS. Should you have any questions regarding your septic system, please contact this office at your earliest convenience at 304-6415. Sincerely, � ( SWIM; �J Wrl SvWTM; i • Pam Smith t'i Environmental Protection Specialist PS/rb-0450 cc: Cecil Crowe,Alpha Engineering EXHIBIT WELD COUNTY BOARD OF HEALTH ENGINEER DESIGNED SYSTEM REVIEW PROPERTY OWNER: Maclovio & Francisco Martinez PERMIT NO.: SP-990176 (New) LEGAL DESCRIPTION: PT: 000 SECTION: 35 TOWNSHIP: 03N RANGE: 68W SUBDIVISION: N/A LOT: 000 BLOCK: 000 FILING: 000 SITE ADDRESS: 12632 Weld County Road 9 FACILITY: Commercial building concrete batch plant office 35 employees ACRES: 114.0 PERC RATE:5.3 SOIL: Suitable WATER SUPPLY: Little Thompson SLOPE: LIMITING ZONE: None Yes ENGINEER DESIGN (3.5) No EXPERIMENTAL DESIGN (3.14) ENGINEER: Cecil Crowe, Alpha Engineering ADDRESS: P.O. Box 392, Fort Lupton, Colorado 80621 ESTIMATED FLOW: 525 G.P.D. PRIMARY TREATMENT: Standard tank CAPACITY: 1000 GALLONS DISPOSAL METHOD: Absorption SIZE: 516 SQUARE FEET REQUEST FOR VARIANCE: N/A STAFF COMMENTS: The system is adequately sized for the proposed load, of 35 days workers at 15 gallon per person per day. STAFF RECOMMENDATION: Approval ENVIRONMENTAL PROTECTION SPECIALIST: Troy Swain REVIEWED BY BOARD: May 25, 1999 e B.O.H. DECISION: APPROVED:i DENIED: TABLED:__ edh„„_ s-t Ben Slater, Chairperson Weld County Board of Health TS/rb-0352 WELD COUNTY HEALTH DEPARTMENT 1517 16TH AVENUE COURT, GREELEY, CO 80631 (970) 353-0635 EXT 2225 FAX (970) 356-4966 Permit # : SP-9900176 Sec/Twn/Rng: 35 03 68 PERMIT Permit Type : CNEW C=commercial, R=residential t NEW, REPair, VauLT Applied: 04/09/1999 Parcel No: 1207 35 200055 Expires: 04/03/2000 Location: 12632 WCR 9 35-3-68 Legal Desc : PT W2 35 3 68 BEG 3231 . 37' S OF NW4 THENCE S88D29 12632 WCR 9 APPLICANT MARTINEZ MACLOVIO & FRANCISCO & P 0 BOX 334 , FIRESTONE CO 80520 OWNER MARTINEZ MACLOVIO & FRANCISCO & P 0 BOX 334 , FIRESTONE CO 80520 SEPT-INSTL CONTRACTOR SERVICE INC Phone : (303) 772-1890 1205 BOSTON AVENUE, LONGMONT CO 80501 Description: Btitetlitatk-litEMME �jct-{c,I r Cr rt--C Commercial (Y/N) : Y Residential (Y/N) : N Acres : 114 . 00 Number of Persons : 35 Basement Plumbing (Y/N) : Y Number of Bedrooms : Bathrooms-> Full : 3/4 : 1/2 : 1 Water Public (Y/N) : Y Utility Name : LITTLE THOMPSON Water Private (Y/N) : Cistern (Y/N) : Well (Y/N) : Water Permit No : Percolation Rate : ' 3 Limiting Zone : :? ft in Desc : °s Ground Slope : 2 Dir : --' Soil Suitable (Y/N) : 1 Engineer Design Req' d (Y/N) : Y _ In 100 Yr Flood Plain (Y/N) : From the application information supplied and the on-site soil percolation data the following minimum installation specifications are required: Chambers Septic Tank : /0 00 gallons, Absorption Trench sq. ft . or Absorption Bed SIL sq. ft . 17 In addition, this permit is subject to the following additional terms and conditions : w , 5-kc4- ACI-O-vd /.c� * fv v -e✓ beS /' ' /}f( Leid NOTICE This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County Health Department for reasons set forth in the Weld County individual sewage disposal system regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system. Ti permit is not transferable. Before issuing final approval of this permit the Weld County Health Department reserves the right L pose additional terms and conditions required tri nuet our regulations on a continuing basis. Phial permit appiuvai is contingent upon the final inspection of the completed system by the Weld County Health Department. This permit expires one year from the signature date. X Site (4fl1tici PO BOX 334 FIRESTONE CO 80520 FX 303 833 3219 PH 303 434 7029 AADEMAR READY MIX Go��ti ko a�n�o� Fax so �n, ,, tv cst‘ TO: ERIC JERMAN. From: ADEMAR READY MIX FRANCISCO M MARTINEZ FAX(970)-352-6312. Pages: # fre Loved /N sew c e) 2 Phone:9704534100. Date: 05/13199 EXT:3540. Re RECLAMATION CC: FMM LETTER 12632 X Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle e Comments:. CONFIDENTIAL THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL.. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE SOLELY TO THE RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED 2. EXHIBIT in USQ .:x/.220 heceive b! J/I9; 13:50; -> AOEIAAR; w2 MAY. 3.1999 1:06PM COSTILLA COUNTY ASSESSOR NO.652 P.2/2 RECLAMATION The Ademar Concrete Ready Mix Plant is located on a site off I-25 Frontage Road approximately 1/2 mile South of Weld County Road 28. The site is designated as Commercial/Industrial on the Weld County M.U.D. Plan. The property was used as an irrigated meadow and contains 35,1 acres, approximately. That portion where the plant is located has been graded, and a birm has been built on the West side and 1-25 Frontage Road. When the batch plant is vacated, the land will be reclaimed to its original use which is meadow, if necessary, but retaini;g it commercial/industrial designation.. The bi#m containing top soil removed during the grading for the batch punt site will be spread over the site, and the small pond &n the South-east corner of the property will be filled. The concrete pad• for the plant will be torn-out and disposed of( in an eviru$entally sound manner by recycling or removal. Gtass will be planted as follows AGROPYRON DESERTORUM- (Wheat Grass) , RALEUM PRATENSH (Timothy) , DACTYL'S GLOMERATA, (Orchard Grass) . Access to the property will be removed as required and drains , waterlines and other infrastructure will be removed a$ necessary. LANDSCAPING Landscaping will be accomplished by seeding the birm and excess group$ not used by the batch plant with grass. Trees will be planted around the perimeter of the site. A sprinkler system wil be installed to water the grass and trees. DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 III D C. Fax: (970) 352-6312 COLORADO April 7, 1999 Francisco Martinez Ademar Construction P.O. 334 Firestone, CO 80520 Subject: VI-9900130, The W2 of Section 35, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Martinez: It has come to the attention of the Department of Planning Services' staff that the uses on your property (see legal description above) may not be in compliance with the Weld County Zoning Ordinance. There are possible setback violations stemming from the location of the existing batch plant to the additional road right-of-way reserved for Colorado Department of Transportation, as well as fifty(50) feet additional lands(aped buffer area required of developments in the Mixed Use Development area. There is a noncommercial junkyard located on the property consisting of miscellaneous debris. The storage areas for sand and gravel that are not sufficiently screened from adjacent properties. Use by Special Review (USR-1220), will need to be approved and the plat recorded to deter the iolation process. If you should have any questions, please contact me at the above address and phone number taer, AE O Code Compliance Officer pc: VI-9900130 Eric Jerman, Planner = EXHIBIT S i.RvicE, 1 EAM WORK,INTEGRITY,()NAME /J ABEMAR CONSTRUCTION PO BOX 334 FIRESTONE CO 80520 Phone 303-434-7029 ERA:303-833-3219 April02, 1999 Mr. Eric Jerman Weld County Planning Commission Greeley, Co.80632. Dear Mr. Jerman. This is to confirm our conversation and to say that we are in agreement to amend the boundary of the USR 115 acres to the area surrounding the proposal batch plant including, the parking and storage area and the existing house as an office for plant management, and realestate sales office. Sincerely, / Maclovio -. Martinez --__.__ / __ _ . -- GLtCl3 r`g-'\ - (/10 E- EXHIBIT 0542Jet4/220 AUEMAR CONSTRUCTION PO I)OX 334 FIRESTONE CO 80520 Phone 303-434-7029 Pak 303-833-3219 April 02, 1999 Mr. Eric Jerman Weld County Planning Commission Greeley, Co.80632. Dear Mr. Jerman. Yesterday April 1, 1999, I measured the distance from the middle of 1-25 frontage road to the Ademar Ready Mix Plant. The distance is 195 feet from the middle of the frontage road to the batch plant. this places us in compliance with CDOT and Weld County Requirements. Sneer - 77 rancisco M MaytineL EXHIBIT teSQ ago Luc Wally Byers 1116 131h Avenue Greeley,Colorado 80631 Phone(970)346-9975 March 24, 1999 Weld County Commisioners Greeley, Colorado Greetings; As an employee of AAdemar Ready Mix Concrete,this letter is in support of the application for special use permits that have been applied for and will be addressed in April. The Martinez brothers have assembled a state of the art manufacturing plant in our community and we will offer services within those criteria. The aformentioned facility will eventually offer many employment opportunities and be an asset to Weld County. Small business growth in Weld County continues to evolve and ensure a strong economic future. Thank you in advance for your cooperation and approval of needed use permits. Sincerely, oockt) Wally Byers Weld County Planning Dept. APR 0 9 1999 1 EXHIBIT RECEIVED Q ti! ask 1 '/.Z0 DOUG'S EXCAVATING LLC 1885 CAROL DR ERIE,CO 80516 303}666_ 2442 OR(3{13)828-3603 MARCH 19, 1999 WELD COUNTY COMMISSIONERS GREF<LEY,CO DEAR COUNTY COMMISSIONERS: WF. ARE A SMALL EXCAVATING COMPANY THAT HAS PROVIDED OUR SERVICES TO ADEMAR CONSTRUCTION,FRANCISCO AND FERNANDO MARTINEZ, WE ARE WRITING THIS LETTER IN SUPPORT OF THE CONCRETE READY-MIX BUSINESS WHICH IS PI,ANNED AT 771E LOCATION OF I-2S FRONTAGE ROAD AND A HALF MILE SOUTH OF WELD COUNTY ROAD 28. TILE READY-MIX BATCH PLANT WOULD PROVIDE ADDITIONAL OPPORTUNITIES AND SERVICES FOR SUB CONTRACTORS LIKE OUR SELVES, SMALL ENTERPRISE TEND 1O REFER AND WORK TOGETHER. THIS PROVIDES OUR BUSINESS WITH SUPPORT IN W;ITCH EVERYONE,CAN PROFIT FROM WE REQUEST YOUR A 117 NTION TO THIS MA I tbk AND SUPPORT THE WELD COUNTY COMMISSIONER'S TO APPROVE THE BATCH PLANT SITE IN ORDER FOR THE MARTINEZ PERMIT SINCERELY, ROLLAND GREER DOUG'S EXCAVATING LLC GENERAL MANAGER f: EXHIBIT -2. lice #/22i II t abed `Z5 L 66 0Z JEIY `•ZE Ib Ides E0E `Dil �JIQIlvAVDX3 9flf10u :A9 Tung i@ !HYW30V <- ZE ib RZR £0£ 'L£ R :68/OZ%£ :QaATeDk 31199 WELD COUNTY COMMISSIONERS GREELEY,ca MOST HONORABLE WELD COUNTY COMMISSIONERS THIS LETTER IS IN REGARDS FOR THE SUPPORT OF THE MARTINEZ&OTHERS. I.E 'ADEMAR'CONCRETE CO. THESE PEOPLE WOULD LIKE TO GET INTO THE CONCRETE READY-MIX BUSINESS. THE PLANT SITE WOULD BE LOCATED A HALF MILE SOUTH ON VCR 29. WE HAVE BEEN INVOLVED WITH THE MARTINEZ'S FOR OVER 10 YEARS NOW, AND HAVE HAD A VERY GOOD WORKING RELATIONSHIP WITH THESE PEOPLE WE HAVE PROVIDED SUBCONTRACT SE RVICES T O THE MARTINEZ'S DURINGTHIS PERIOD WHO BUILD HOMES IN FREDERICK AND FORT LUPTON. AS YOU ARE PROBABLY A WA.REE, THERE IS A CONCRETE SHORTAGE ALONG THE FRONT RANGE THE NEED r-QA FACILITY LIKE THIS WOULD BEA TRUE ASSET FOR BOTH THE COUNTY, AND SURROUNDING AREAS. f. NOULD NOT ONLY FILL A VERY MUCH NEEDED V ID, BUT ALSO GENERATE A HUGE AMOUNT OF TAX REVENUE. WE FIND HERE IN ERIE THAT SMALL ENTERPRISES LIKE THAT OF THE MARTINEZ'S PREFER TO KEEP THE WORK WITHIN NE COMMUNITY WHENEVER POSSIBLE THIS PROMOTES GROWTH FOR EXISTING AND FUTURE BUSINESS. IT IS OUR HOPE THAT THE COMMISSIONERS APPROVE THE BATCH PLANT APPLICATION FOR PERMIT. SINCERELY, S J.GOLD l COUNTY LINE L 2 EXHIBIT S use-46/..2.20 JOHN STINNETT PLUMBING & HEATING 1041 Denver Ave. FORT LUPTON, COLO. 80621 857-6211 — METRO 659-8471 Date __ F` (l Weld County Commissioners - Greeley, Colorado 3^' Honorable Weld Commissioners: This is a letter of support for the Martinez brothers who would like to get into the concrete ready-mix business . The plant site is on I-25 Frontage Road about a half mile South of Weld County Road 28 . We have provided sub-contract services to Martinez who build homes in Frederick and Fort Lupton . Small , independent contractors like the Martinez provide contracts to local business like ourselves. They provide first-time home buyers the opportunity to get good value for the money, and we feel good about being path of that . The Ready-mix batch plant will provide additional opportunity for local providers of services like ourselves . We find that small enterprises like that of the Martinezes prefer to keep the work within the community whenever possible. This promotes growth for community business. We hope and appreciate that the Weld County Commission approve the Martinez batch plant application for permit. Sincerely, ��}} 1 EXHIBIT USA/,220 Valley Heating & Air Conditioning 165 longspeak Street / Brighton. Colorado 80601-1674 / 303-659-1087 / 303-659-1089 Fax Your Independent Blair Swenson, President Monte Schmidt., Secretary/Treasurer Ancona Dealer March 5, 1999 Weld County Commissioners Greeley, Colorado Commissioners : This letter is in support of Fernando and Franisco Martinez . The Martinez brothers are attempting to gain approval for the ready mix plant that is located at I-25 Frontage Road and about a half a mile South of Weld County Road 28 . Valley Heating and Air Conditioning has provided services in the HVAC area to the Martinez ' s in the towns of Hudson, Frederick and Fort Lupton. The Martinez ' s provide business opportunities to local businesses like ourselves . They also provide affordable homes to those looking to purchase a new home, and for that Valley Heating considers them to be a valuable asset to the county and the communities they serve . The approval of the ready mix plant will provide many opportunities for new home owners and will provide a great deal of work for small contractors like ourselves and others . This plant will promote growth for all community business . Valley Heating and Air Conditioning encourages the approval of the batch plant in question. Sincerely, I. EXHIBIT I U . usc « Specializing in the Sales and Installation of Amana Air Conditioners and Furnaces, Honeywell Electronic Thermostats, Electronic filters--and offering 24-Hour Emergency Service of all Manufacturers R&B CONCRETE FORMING,INC. 17723 CIARA LEK St- BRIGI 1.1(IN CO.80601 WI MD ('hone 857-0475 March 05, 1999 Weld County Commissioners Greeley, Colorado Honorable Weld Commissioners; This is a letter of support for the Martinez brothers who would like to get into the concrete ready-mix business. The plant site is on 1-25 Frontage Road about a half mile South of Weld County Road 28. We have provided sub-contract services to Martinez who build homes in Frederick and Fort Lupton. Small, independent contractors like the Martinez provide contracts to local business like ourselves. They provide first-time home buyers the opportunity to get good value for the money, and we feel good about being part of that. The Ready-mix batch plant will provide additional opportunity for local providers of services like ourselves. We find that small enterprises like that of the Martinezes prefer to keep the work within the community whenever possible. This promotes growth for community business. We hope and appreciate that the Weld County Commission approve the Martinez batch plant application for permit. Sincerely,�� , � '' ,,// :JG 72 -z., �,..6. //7/1 R&B Concrete Forming, Inc. Randy& Bonnie Turnbull ,r. , .i % �._ L,1. EXHIBIT USE i moo Date 3/y/99 Weld County Commissioners Greeley, Colorado Honorable Weld Commissioners: This is a letter of support for the Martinez brothers who would like to get into the concrete ready-mix business . The plant site is on I-25 Frontage Road about a half mile South of Weld County Road 26 . We have provided sub-contract services to Martinez who build homes in Frederick and Fort Lupton. Small , independent contractors like the Martinez provide contracts to local business like ourselves . They provide first-time home buyers the opportunity to get good value for the money, and we feel good about being part of that . The Ready-mix batch plant will provide additional opportunity for local providers of services like ourselves . We find that small enterprises like that of the Martinezes prefer to keep the work within the community whenever possible. This promotes growth for community business . We hope and appreciate that the Weld County Commission approve the Martinez batch plant application for permit . Sincerely, .S /Tl a-1 ion k° C , hL 5c-r�t L'E, Y0 //K.' FWD 107) �LP!dxb £ 6efocsie'A) 01) j ' T Li;1/-21- Oo p E-Azg ppo f&JD F win'/ >A",fel A}64 — 57 YS _ - - = EXHIBIT 3-4--95 47 loPrv41, Cc Date -*II Weld County Commissioners Greeley, Colorado Honorable Weld Commissioners: This is a letter of support for the Martinez brothers who would like to get into the concrete ready-mix business . The plant site is on I-25 Frontage Road about a half mile South of Weld County Road 28 . We have provided sub-contract services to Martinez who build homes in Frederick and Fort Lupton. Small , independent contractors like the Martinez provide contracts to local business like ourselves . They provide first-time home buyers the opportunity to get good value for the money, and we feel good about being part of that . The Ready-mix batch plant will provide additional opportunity for local providers of services like ourselves. We find that small enterprises like that of the Martinezes prefer to keep the work within the community whenever possible. This promotes growth for community business. We hope and appreciate that the Weld County Commission approve the Martinez batch plant application� for permit . Sincerely,, eit �l��z��' o. S ilit (G, / f_t,,,27 2,4.),T-6 M, Co 14 EXHIBIT EQUIPMENT CO., INC. 12739 Weld County Rd. #4, Brighton, Colorado 80601 Phone:303/659-3900 • Fax:303/659-5158 March 4, 1999 Weld County Commissioners Greeley, Co. 80631 Gentlemen: This letter is in support of the Martinez brothers who would like to get into the Ready Mix business. We sold the concrete batch plant, located on I-25 frontage road, 1/2 mile south of Weld County Road 28, to the Martinez brothers. The plant is new with the best dust collection system available and computerized batching to provide a clean, state of the art concrete batch plant. Martinez is a local independent contractor who will provide a service to the community and keep business within the community. We would recommend the Weld County Commission approve the Martinez batch plant application for permit. i Sinc'erel Ne 1 Foster Pr ident _;. EXHIBIT t U SQ 5/az Date 3 - Weld County Commissioners Greeley, Colorado Honorable Weld Commissioners : This is a letter of support for the Martinez brothers who would like to get into the concrete ready-mix business . The plant site is on I-25 Frontage Road about a half mile South of Weld County Road 28 . We have provided sub-contract services to Martinez who build homes in Frederick and Fort Lupton. Small , independent contractors like the Martinez provide contracts to local business like ourselves . They provide first-time home buyers the opportunity to get good value for the money, and we feel good about being part of that . The Ready-mix batch plant will provide additional opportunity for local providers of services like ourselves . We find that small enterprises like that of the Martinezes prefer to keep the work within the community whenever possible . This promotes growth for community business . We hope and appreciate that the Weld County Commission approve the Martinez batch plant application for permit . Sincerely, 1/4( r cA, vez z_poleicAp, -nr - 20 � ` " �y s & v' Gtofl (-'O/ ��`�di � 3 oO ( EXHIBIT rasa S/aao 0` FOOT I N. '' �itpof fort Lupton P.O.BOX 148 COUNTY OF WELD _ 130 S. McKINLEY AVENUE FT. LUPTON, CO 80621 (303) 857-6694 COL Olin 3-4-99 Weld County Commissioners Greeley, Colorado 80631 Dear Commissioners: This correspondence is a show of support for the Martinez brothers in their effort to establish a ready mix business along the I-25 Frontage Road and 1/2 mile south of Weld County Road 28. I am the City of Fort Lupton Building Official. I have been working with the Martinez Brothers for the past 3 years, inspecting their new home in the Aspen Hills Subdivision. I have found the Martinez Brothers knowledgeable in the construction business and cooperative in their dealings with me. The ready mix batch plant at this location would give the local contractors another supplier to use in their construction activity. I am asking you to approve this request. Sincerely, • lie ;, wait /John Swallow Building Official 1 EXHIBIT l5Q 0142070 Nc .10 912 Denver Avenue • Fort Lupton, Colorado 80621 Local 303 857-2201 • Metro 303 572-9156 • Fax 303 659-0801 Electric, Inc. B March 4, 1999 Weld County Commissioners 915 10th Greeley, Co 80631 Honorable Weld County Commissioners, Neb Electric Inc. is an electrical contractor located in Ft. Lupton. We have been in business since 1984. We perform residential, commercial and industrial work. In the course of our work we have worked for the Martinez brothers. They have applied for a permit for a concrete batch plant located on I-25 Frontage Road about a half mile south of WCR 28. I want to voice my support on their behalf. I think a batch plant will be a plus for Weld County in this location, because of the growth in that area. Common sense says having products conveniently located., keeps the cost down, rather than having to contract with concrete firms at much greater distances. Small independent contractors like the Martinez brothers help provide opportunities for local people and companies. I commend you for the time you spend dealing with Weld County concerns and I just wanted to provide my comments to you on behalf of the Martinez brothers, as we have personally dealt with them and find them to be hard working, honorable people, trying to better their community. Sincerely, Cr/(11 Sandra L. Neb President 1. EXHIBIT ag use#haao STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT •opt cot. AIR POLLUTION CONTROL DIVISION 4• TELEPHONE: (303) 692-3150 * G9; } *Ins* CONSTRUCTION PERMIT PERMIT NO: 98PO0690 INITIAL APPROVAL DATE ISSUED: December 15, 1998 ISSUED TO: ADEMAR Ready Mix THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable concrete batch plant located at 12632 E 1-25 Frontage Road, Longmont, Weld County, Colorado. This equipment is home-based in P.O. Box 334, Firestone, Colorado, 80520. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Concrete batch plant consisting of a CON-E CO LP Concrete Batch Plant, M/M: LOW PRO 10, SN: C-5706-L with a design rate of 100 cubic yards per hour. This plant is equipped with a Baghouse for particulate control. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. (25-7-101) et seq). TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Reg. 3, Part B, IV.E.) (State only enforceable) 3. The manufacturer, model number and serial number of the subject equipment shall be provided to the Division prior to Final Approval. (Reference: Reg. 3, Part B, IV.E.) 4. Construction of this source must commence within 18 months of initial approval permit issuance date or within 18 months of date on which such construction or activity was scheduled to commence as stated in the application. If commencement does not occur within the stated time the permit will expire on June 15, 2000 (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit.) (Reference: Regulation 3,Part B, IV.G.4.) 777/1293/001 EXHIBIT Rev. 8/98 ad, usa 442nd Page 2 Colorado Department of Public Health and Environment Air Pollution Control Division ADEMAR Ready Mix Permit No. 98P00690 Initial Approval 5. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,III.A.4) Production of concrete shall not exceed 100,000 cubic yards per year. 6. Emissions of air pollutants from point sources shall not exceed the following limitations (as calculated in the Division's preliminary analysis). (Reference: Regulation 3, Part B, III.A.4) Point sources include: sand and aggregate transfers, silo loading, bucket elevator, weigh hopper loading, mixer loading, and truck loading. Particulate Matter: 3.06 tons per year PM,() (Particulate Matter<'10pm): 1.45 tons per year. Emissions of fugitive particulate matter and fugitive particulate matter of less than ten microns (PM,0) shall not exceed the following limits. Fugitive emissions include: wind erosion from exposed areas and stockpiles, and vehicular traffic. These emission limits are based on the production rates listed in condition number 5 above. The Division assumes that these levels are being met if the control measures stated in the approved control plan are followed and the stated process rates are not exceeded. Particulate Matter: 3.00 tons per year Particulate Matter (PM10): 1.43 tons per year 7. Each time this equipment is moved to a new location within the State of Colorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior to the change in location. The Relocation Notice shall include a facility emission inventory of all emission units at the site. (Reference: Regulation 3, Part A,II.C.1.f and Part B.IV.E.) 777/1293/001 Page 3 Colorado Department of Public Health and Environment Air Pollution Control Division ADEMAR Ready Mix Permit No. 98P00690 Initial Approval 8. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or For VOC sources in ozone non-attainment areas emitting less than 100 tons of VOC per year, a change in actual emissions of one ton per year or more or five percent, whichever is greater, above the level reported on the last APEN submitted; or For sources emitting 100 tons per year or more, a change in actual emissions of five percent or 50 tons per year or more, whichever is less, above the level reported on the last APEN submitted; or A change in actual emissions, above the level reported on the last APEN submitted, of 50 pounds of lead. For any non-criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. NOTE: A one ton per year emission increase will occur when the production/raw material process rate increases by 16,515 cubic yards per year. (Based on emission factors noted on the last page of this permit.) 777/1293/001 Page 4 Colorado Department of Public Health and Environment Air Pollution Control Division ADEMAR Ready Mix Permit No. 98PO0690 Initial Approval 9. This source is subject to New Source Performance Standards requirements of Regulation No. 6, Part B, Section III, Standards of Performance for New Manufacturing Processes. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. d. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. A copy of the complete applicable subpart(s) is attached. 10. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 777/1293/001 Page 5 Colorado Department of Public Health and Environment Air Pollution Control Division ADEMAR Ready Mix Permit No. 98PO0690 Initial Approval 11. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit or can be obtained from the Division at 303-692-3209.)By: By: .. /4 . Jenn' er Stewart Dennis Myers P.E. Per ' Engineer Construction Permit Unit Stationary Sources Program Air Pollution Control Division Notes to Permit Holder: 1). The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2). This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3). The emission levels contained in this permit are based on the following emission factors: Process emissions: Particulate Matter: 0.061 pounds per cubic yard of concrete produced PM,p (particles less than 10 microns): 0.029 pounds per cubic yard of concrete produced • Fugitive Emissions: Particulate Matter: 0.060 pounds per cubic yard of concrete produced PM,() (particles less than 10 microns): 0.029 pounds per cubic yard of concrete produced 4). This source is classified as a: Minor source 777/1293/001 Page 6 Colorado Department of Public Health and Environment Air Pollution Control Division ADEMAR Ready Mix Permit No. 98PO0690 Initial Approval PARTICULATE EMISSIONS CONTROL PLAN FOR MATERIAL PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1 Section III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Processing Activities - Visible emissions not to exceed 20%, no off-property transport of visible emissions. b. Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks - No off-property transport of visible emissions except that when operating off the property of the owner or operator, the applicable guidelines shall be no off-vehicle transport of visible emissions. Control Measures 1. Emissions from material handling Cie: loading and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 2. Vehicle speed on unpaved roads and disturbed areas shall not exceed 30 miles per hour. Speed limit signs shall be posted. 3. Unpaved haul roads shall be watered as often as needed to control fugitive particulate emissions. 777/1293/001 1 . Method 1 for selecting sample site and velocity traverses; 2. Method 2 for velocity and volumetric flow rate; 3. Method 3 for gas analysis to be used when applying Reference Methods 5 and 6; 4. Method 5 for concentration of particulate matter and associated moisture content; and 5. Method 6 for concentration of SO2. III. STANDARDS OF PERFORMANCE FOR NEW . MANUFACTURING PROCESSES A. Applicability and Designation of Affected Facility The provisions of this section are applicable to the following affected facilities: new manufacturing processes, regardless of production rate, and new alfalfa dehydration plants constructed, reconstructed, or modified after January 30, 1979. B. Definitions As used in this section, all terms not defined herein shall have the meaning given them in the Common Provisions Regulation and in Part A, Subpart A of this Regulation, unless otherwise required by context. C. Standard for Particulate Matter On and after the date on which the required performance test is conducted, no person subject to the provisions of this regulation shall discharge, or cause the discharge, into the atmosphere from any affected facility, particulate matter in excess of: 1 . For process equipment of process weight rates up to 60,000 lbs/hr the allowable emission rate shall be determined by use of the equation: E = 3.59(P►o.62 Where: Regulation No. 6 Part B Page 18 E is the Allowable Emission in lbs/hr. P is the Process Weight rate in tons/hr. 2. For process equipment of process weight rates equal to or greater than 60,000 lbs/hr the allowable emission rate shall be determined by use of the equation: E = 17.310:y116 Where: E is the Allowable Particulate Emissions in lbs/hr. P is the Process Weight rate in tons/hr. 3. Greater than 20 percent opacity. D. Standard for Sulfur Dioxide On and after the date on which the required performance test is completed, an owner or operator subject to the provisions of this section shall: 1 . Limit the discharge of sulfur dioxide to a maximum of 2.0 tons/day, or 2. Utilize best practical control technology for control of sulfur dioxide as determined by the Division, subject to review by the Air Pollution Control Commission. This subsection shall not apply to any manufacturing process specifically covered by Section IV. of this Part. E. Test Methods and Procedures The reference methods contained in Appendix A of this regulation, except as provided under Part A, Subpart A, Section 60.8(b), shall be used to determine compliance with the standards prescribed in Subsection C. and D. as follows: 1 . Method 1 for sample site and velocity traverses; 2. Method 2 for velocity and volumetric flow rate; Regulation No. 6 Part B Page 19 • 3. Method 3 for gas analysis to be used when applying reference Methods 5 and 6; 4. Method 5 for concentration of particulate matter and associated moisture content; and 5. Method 6 for concentration of SO2. IV. STANDARDS OF PERFORMANCE FOR NEW SOURCES OF SULFUR DIOXIDE A. Applicability and Designation of Affected Facilities The affected facilities to which the provisions of this Section apply are: natural gas desulfurization, petroleum refineries, production of oil from shale, shale oil upgrading facilities, refining of oil from shale and any other new source of SO2 not specifically covered by other sections of this regulation, constructed, reconstructed, or modified after January 30, 1979. For purposes of this regulation, shale oil production facilities, and upgrading/refining facilities shall be considered separate sources and subject to separate SO2 limitations. B. Definitions As used in this section, all terms not defined herein shall have the meaning given them in the Common Provisions Regulation and in Part A, Subpart A of this Regulation, unless otherwise required by the context. 1 . "Shale oil production facility" A facility which utilizes a retorting operation (in-situ or surface retorting or both) to recover oil from shale. 2. "Shale oil upgrading facility" A facility which produces from raw shale oil a semi-refined oil, (or products,) substantially equivalent to petroleum crude oil (or products) through hydrogenation and/or other processing, including, but not limited to, de-arsenation, distillation, cracking, reforming and coking. 3. "Shale oil refining facilities" A facility engaged in refining processed (upgraded) shale oil to produce gasoline, kerosene distillate fuel oils, residual fuel oils, lubricants, or other products Regulation No. 6 Part B Page 20 • STATE OF COLORADO Roy Romer,Governor Fco Patti Shwayder,Executive Director F_O 2O Dedicated to protecting and improving the health and environment of the people of Colorado N�/i Ica 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division DEC 17 199B •�� Denver,Colorado 80222-1530 8100 Lowry Blvd. •ran• Phone(303)692-2000 Denver CO 80220-6928 (303)692-3090 Colorado Department ofd Public Health SUBJECT: Instructions for Obtaining Final Approval of the enclosed Initial Appr avn lEnvtm ment Construction Permits Dear Permittee: Under the provisions of a new law passed by the State Legislature, the method by which a facility operator(a"source") demonstrates compliance with the provisions of an initial approval Construction Permit has been revised. The provisions of this bill became effective July I, 1996. Beginning July 1, 1996, and until further notice, the Colorado Department of Public Health and Environment, Air Pollution Control Division(Division) will not conduct any final approval inspections. Previously, the Division was required to conduct a Final Approval inspection of the source prior to issuing the Final Approval permit. Under the revised statute, new sources are required to demonstrate to the Division, compliance with the terms and conditions of the Initial Approval permit within 180 days after commencement of operation. If you cannot demonstrate compliance with all of the provisions of your permit,you should contact the Division immediately at the numberlisted below. Guidance to self-certify compliance with permits is included with this letter. The Division is available to provide assistance on self-certification of permit compliance, which may include providing assistance to sources in the form of a site visit, at the express request of a source. However, please be advised that all time spent by the Division or its agents will be charged to the source at the rate of$50.00 per hour. To request any such assistance with self-certification please either write or call me as soon as possible after you receive this letter to discuss your needs. To self-certify, submit a Final Approval Certification Form, signed by a designated Responsible Official (as defined in Regulation No. 3, Part A, I.B.54-see attached) for the facility, indicating that the source is in compliance with all of the conditions of the initial approval permit. A separate Final Approval Certification Form along with the associated documentation is required to be submitted for each individual Initial Approval permit. This includes "dash numbered " permits (e.g. 96WE199-2). Copies of those initial approval construction permits in need of final approval are attached for your reference. Please submit the information directly to me at the address below. Certification that you are currently meeting all terms and conditions of the initial approval permit does not in any way preclude the Division from taking any action against your facility for violations of permit terms and conditions. Final Approval Permit Issues Page 2 Please feel free to call the Final Approval Coordinator at (303)692-3209 if you have any questions concerning this letter. Thank you for your cooperation. Sincerely, ( 764116if Stationary Sour ro am Air Pollution Control Division Attachments Mailing Address: Colorado Department of Public Health and Environment APCD-SS-B 1 Attn: Final Approval Coordinator 4300 Cherry Creek Drive South Denver, CO 80222-1530 GUIDANCE for SELF-CERTIFICATION Q: How DO I SELF-CERTIFY COMPLIANCE WITH MY INITIAL APPROVAL PERMIT? REVIEW THE PERMIT IN QUESTION: 1. Review the company name, location and equipment information on the permit to determine if all information is correctly listed. 2. Review all permit conditions and determine if the facility is in compliance with all conditions. a. Are opacity or visible emissions limits listed? If yes and subject equipment is operating within the opacity limit(s) listed, certify compliance with this condition according to the following procedures: VOC Only Sources This would include activities such as printers and paint booths. The Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall be considered sufficient to certify that the source is in compliance with the opacity standard for the purpose of obtaining a final approval permit. Gas-burning Only Equipment Burning natural gas (only) will be considered sufficient to demonstrate compliance with the opacity standard for the purpose of obtaining a final approval permit. The Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall be considered sufficient to certify that the source is in compliance with the opacity standard for the purpose of obtaining a final approval permit. All Other Equipment The Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall include either EPA Reference Method 9 observations or state-certified Continuous Opacity Monitor data. If compliance will be demonstrated by EPA Reference Method 9 observations, the Responsible Official certification shall include: 1) EPA Reference Method 9 reading(s) for all subject equipment by a currently EPA Reference Method 9 certified observer; 2) a copy or copies of such SOURCES WHICH HAVE SUBMITTED AN APPLICATION FOR A TITLE V OPERATING PERMIT SHOULD CONTACT THE DIVISION-ASSIGNED OPERATING PERMIT ENGINEER PRIOR TO CONTINUING WITH THIS PROCESS reading(s) to the Division; and 3) a copy of the observer's EPA Reference Method 9 certification to the Division. If compliance is demonstrated by use of data from a state-certified Continuous Opacity Monitor, the Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall include sufficient data to demonstrate compliance with the opacity standard for the purpose of obtaining a final approval permit. b. Is the permit number required to be marked on the subject equipment? If yes, and the permit number is marked on the subject equipment, then compliance with this condition has been demonstrated. The Responsible Official certification, or completion of the attached Final Approval Self- Certification Form, shall be considered sufficient to certify that the requirement to stencil the construction permit number on the equipment has been met. c. Are equipment manufacturer(s). model number(s). and/or serial number(s) required to be provided to the Division? If yes, and all equipment manufacturer(s), model number(s), and/or serial number(s) required have been provided to the Division, then compliance with this condition has been demonstrated. The Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall be considered sufficient to certify that the serial numbers given in the initial approval construction permit are correct. Equipment make, model, and serial numbers must be provided to the Division prior to final approval for any equipment specified in the permit if that information is not already included in the permit. d. Are any consumption, production or through out. and/or operational limits listed? If yes and the facility is operating within all consumption, production (through put), and/or operational limits in all units listed, then compliance with this condition has been demonstrated. The Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall be considered sufficient to certify that the limits set forth in the construction permit are being met. Records used to make this determination must be made available to the Division upon request. SOURCES WHICH HAVE SUBMITTED AN APPLICATION FOR A TITLE V OPERATING PERMIT SHOULD CONTACT THE DIVISION-ASSIGNED OPERATING PERMIT ENGINEER PRIOR TO CONTINUING WITH THIS PROCESS e. Is an emissions test or stack test required? If yes, and the facility is in compliance with all stack testing requirements and emission limit(s) in the units listed, then the Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall ensure that the facility has: 1) completed all stack tests required by the Initial Approval permit prior to self-certification; 2) submitted the test protocol 30 days prior to the test for Division approval; 3) received Division approval of test protocol; 4) requested Division witness attend stack test; and 5) submitted results of stack test to the Division for review and approval as soon as the results are available. All tests must be witnessed by Division staff unless the Division specifically chooses not to observe the test. Note that the time spent related to all of those activities is chargeable to the source. Contact Tom Lovell at (303)692-3204 for any questions regarding stack testing. f. Are emissions limits listed? If yes, the facility is operating within the emission limits in all units specified, and a stack test is not required, then compliance with this condition has been demonstrated. Again, if a stack test is not required, the Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall be considered sufficient to certify that the emission limits in the permit are being met. A copy of the calculations and associated records made to make this determination must be made available to the Division upon request. g. Is a compliance Dian required? If yes, and the compliance plan has been submitted and approved by the Division, then compliance with this condition has been demonstrated. The Responsible Official certification, or completion of the Final Approval Self- Certification, shall ensure that the facility has: 1) submitted a proposed compliance plan to the Division; and 2) received Division approval for proposed compliance plan. The Final Approval permit will not be issued until the compliance plan has been approved. Note that the time spent related to this activity is chargeable to the source. Contact Scott Mason at (303)692-3253 for any questions regarding compliance plans. h. Are any other conditions listed? If yes and the facility is in compliance with the condition(s) as listed, the SOURCES WHICH HAVE SUBMITTED AN APPLICATION FOR A TITLE V OPERATING PERMIT SHOULD CONTACT THE DIVISION-ASSIGNED OPERATING PERMIT ENGINEER PRIOR TO CONTINUING WITH THIS PROCESS Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, in most cases shall be considered sufficient to certify that the conditions set forth in the construction permit are being met. Records used to make this determination must be made available to the Division upon request. 3. Review all General Terms and Conditions and determine if the facility is in compliance with all conditions. a. Is a copy of the permit maintained on site at the permitted facility per General Term and Condition 4? If yes, compliance with this condition has been demonstrated. The Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall be considered sufficient to certify compliance with this requirement. b. Is the permit still valid, not having expired per General Term and Condition 6? If yes, compliance with this condition has been demonstrated. The Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall be considered sufficient to certify compliance with this requirement. If no, the activity still requires a permit and the permit has expired or will expire before self-certification will be completed, then contact the Division to determine what needs to be done to correct this matter. c. Has the Division been notified at least 30 days. or 15 days for portable sources, prior to commencement of the currently permitted operation or activity per General Term and Condition 7? If yes, compliance with this condition has been demonstrated. The Responsible Official certification, or completion of the attached Final Approval Self-Certification Form, shall be considered sufficient to certify compliance with this requirement. If no, and no notification was given to the Division for the currently permitted activity, then submit notification of date of startup with the completed Final Approval Self-Certificaiton Form. SOURCES WHICH HAVE SUBMITTED AN APPLICATION FOR A TITLE V OPERATING PERMIT SHOULD CONTACT THE DIVISION-ASSIGNED OPERATING PERMIT ENGINEER PRIOR TO CONTINUING WITH THIS PROCESS 4. IMPORTANT!!!! Once it has been determined that the facility is operating in compliance with ALL terms and conditions of its initial approval construction permit, sign and date one copy of the attached Final Approval Certification Form for each permit. Mail this signed and dated form(s) along with any required additional supporting documentation to: Colorado Department of Public Health and Environment APCD-SS-B1 Attn: Final Approval Coordinator 4300 Cherry Creek Dr. S. Denver, CO 80246-1530 Please note that records used to make this determination and not otherwise required to be submitted along with the signed self-certification forms, must be made available to the Division upon request. Therefore the Division highly recommends that self-certification records, including compliance determination and all supporting documentation, be maintained on file. Q: WHAT IF I NEED ASSISTANCE AND WOULD PREFER TO HAVE A DIVISION REPRESENTATIVE DETERMINE IF I AM IN COMPLIANCE WITH MY INITIAL APPROVAL PERMIT? Write or call the Division to schedule assistance. Again, if you request that the Division provide final approval assistance, all time spent by the Division or its agents will be billed to the source at the rate of$50.00 per hour. Q: WHAT IF I CANNOT DEMONSTRATE COMPLIANCE AND MY PERMIT NEEDS TO BE REVISED? Contact the Division to discuss those items that need revision to reflect current operation, including changes of company name, location, equipment information, and/or any permit condition which cannot be met. Take appropriate steps as defined by the Division to revise permit. Again, if you have any questions, please contact the Final Approval Project Coordinator at (303)692-3209. SOURCES WHICH HAVE SUBMITTED AN APPLICATION FOR A TITLE V OPERATING PERMIT SHOULD CONTACT THE DIVISION-ASSIGNED OPERATING PERMIT ENGINEER PRIOR TO CONTINUING WITH THIS PROCESS DEFINITION OF RESPONSIBLE OFFICIAL Responsible official means one of the following: a. for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (I) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) the delegation of authority to such representative is approved in advance by the permitting authority; b. for a partnership or sole proprietorship: a general partner or the proprietor, respectively; c. for a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this section, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or (Excerpt taken from Regulation Number 3, Part A, Section I.B.54.) COLORADO DEPARTMENT OF TRANSPORTATION IAP Issuing authority application STATE HIGHWAY ACCESS PERMIT APPLICATION 3EP 25 1998 ae epa^ced to Ic/l9/R8 Instructions: - contact the Department of Transportation or your local government to determine your issuing authority. - contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - complete this form(some questions may not apply to you)and attach all necessary documents and submit it to the issuing authority.Submit an application for each access requested. - H you have any questions contact the issuing authority. Please print or type 1)Property owner(Perminee) 2)Applicant ASANcisea MMA2rlNP3 �Titwclstn titMR.Q7 N 7Pa streeta dress,city 3/py QWfyy4,ryt/ street address,city 34s y 64014-v4✓ 12'a01"33y Fattszrva 4ve-vurr g'4 133 9 Fr r ssithe Av Gym E state Si zip phones y.Zl363 ,$2/f/ state a zip C e tic,.C2-0 phones#,..3 .933 s.r ir eu 8052-( W,jr'3 V3970-1f In/.3r3 Y34' AY--9 3)Address of propety to be served by permit(if known) - /cl(v32 C —1—a, fgcwTAG-es ,eat.4,1 10,4/6-Men.T (4/ Ef'≤ i 4)Legal description of property: _ county adenine., bled, lots t/ hp Wejd I I I oscine 7 I 0Nc' v1ht2TH[ 7(o way 5)What state highway e y��esting access from? 6)What side of the highway N OS K E w FFR K 7)How many feel is the proposed access from the newest mile post? How many feet is,the proposed access from the nearest cross street; Wet(circle: N S E W I from: _feet(circle: N S E W Worn: _ )Check here if you are requesting a pc new access ❑ temporary access U improvement to existing access ❑ change in access use ❑ removal of access 9)What is the approximate date you intend to begin construction? '�T^� 10)Do you have knowledge of any State Highway access permits serving Ihis properly,or adjacent properties in which you have a property interest. vV�C no ❑ yes, it yes-what are the permit number(s)?: and/or,permit date: 11)Does thgproperty owner own or have any interests in any adjacent property? Igl no U yes,if yes-please describe: 12)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the property? )l no-dyes,if yes-list them on your plans and indicate the proposed and existing access points. esa 13)If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square lootage of each. business square footage business square footage PM Xlhe CDACrei 4e/(en5e L 122-eti) I J I _ I 14)If you are requesting agricultural field access-how many acres will the access serve? 15)II you are requesting residential developement access,what is the type(single family,apartment,townhouse)end number of units? type number of units type number of units I I I 16)Provide the following vehicle count estimates for vehides that will use the access.Leaving the property then returning is two counts.Indicate it your counts are ❑peak hour volumes or 4,average daily volumes. .elpase.ne.,was and pin trucks/1f,sp/(__ r .otnnl6 end tads .daherseheles _— s d angle urne.IJea.in oscine or h. J aom..n . aa.a.l al a ry ,r np Total count of all vehicles 2— .. 3 8 17)Check with ere issuing authority to determine which of the following documents are required to complete the review of your application. (plans should be no larger than 24'x 36') e) Property map indicating other access,bordering:roads and streets. al Highway and driveway plan profile. 1) Proposed access design b) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. c) Map and letters detailing utility locations before and after h) Signing and striping plans. development in and along the rightof-way. ii Traffic control g y d) Subdivision,zoning,or development plan. j) Proof of li tra cce 107 If an access permit is issued to you it will state the terms and conditions for' sh e.Anyr4ttanges i use of the permitted access not consistent with the terms and conditions listed on the permit m e cons' r-. violat of the permit. �yJt ip The applicant declar- under penalty of aerjury in the second degr and anfyn zr appl J le state or federal laws,that all Info Ion provided on I. - for • an submitted attach is are ttl' s best of eir knowledge true and complete. / ao i—____—__ L' .m .nts signature / _ te O ate If the appl• ant is not the o - the perry,w require this application also to be signed by the property owner or their legally -alhorize.1 epresentativa (o -r acc-p able written evidence).This signature shall constitute agreement with this applic- ion by owners-of-inte est ri. ,: -. 'a ''r'. If a permit is authorized,the property owner will be listed as the per - -- - Properryywne .Ig'.lure / Date i ....„-ft , 4 ///s/98 rev -editions ma used until supplies are eehau stud ... ...'.. ZOOT Form sill 9/46 VI A . I U Lli S T C c Ou S C/ in- in tot,. 14,' l mo Li 3 V 0 yU • c V G O C v E c o v �s 45 73 Po` LL te W mEEEa a N R L y z = V v ) T o o � o .. o - m CO V rn . c E - f 3 y 0 \ \ U = cam . c > C �l Lc - z, m • :: _ c p U = c o0 • m z U V R — Z.-1 CG C C •n C . V 7 in (� C l O- C O C tD O C C. 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IF, 20 R• Ii ' �pc/, ai oc aho _ - Fireslonep _' c",,,,,,‘,. • ,' �' reek _ Like Q Pleasant View,- _Ridge 1.0 RD le Ro 1s RDN .- : P r IQ -- a - G -.--.1FirestrIIte 165 RD c (0 o cc ,, 1 c,4 'I Evanston - i Padwo - 1�`� -- 'sue—' P N ALE OIL F. /I Tower c ME ne uzs RD na".' R tt, ti '��^ Freder ck I -- TT- ' O' I 1450 R_D. �' �. I I { o. i Plumb Exit s t. a 52 1 zoL, 1 �� Sam1 I o i. ) r u} til _ O,r -. 1 , [ I 1 i / Qi 3. 1 i Pir Sterl ny .� �� V 1 1 �Pn 1 L 12po / ^ Mme tik 6g �� From: SHEBLE MCCONNELLOGUE To: ejerman Date: 7/6/99 8:51am Subject: waste plan requirements for Ademar Please add this requirement to Ademar USE. Thanks, Sheble Prior to recording the plat, the applicant shall submit a waste handling plan to the Environmental Protection Services Division of the Weld County Health Department. The plan shall include at a minimum, the following: 1) A list of wastes (liquid & solid) which are expected to be generated on site (this should include expected volumes and types of waste generated) . 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number) . [ z. EXHIBIT EE use #4420 Sent by: ADEMAR 3038333219 07/09/99 15:14 Job 19 Page 1 !2 .:, AMMAN, .,_. 69 03 : 12 PM CEIS ,0 , 7,1 r.'94:' Environmental Protection Services Weld County Health Department July 08, 199 ADEMAR Ready Mix Waste Handling and Chemical Storage ADEMAR Ready Mix will adhere to all Local, State and Federal regulation in regards to waste handling, chemical storage and spill prevention Chemical stored on site: I. Air Entraing for concrete 500 gals 2. Water Reducer Normal for concrete 500 gals 3. Water Reducer Retarder for concrete 500 gals 4. Non Chloride Accelerator for concretel000gals 5. Diesel Fuel 5000 gals All chemicals listed above have their own containment in case of a spill. An emergency plan to be acted upon will be in the plant, for employees with phone numbers of Supervisory personal and any agencies that need to be contacted Any spill over 5 gallons will be reported and disposed of according to State and Federal regulations. Waste Concrete will be handled at the plant location and hauled to a site for recycling. Disposal of waste concrete varies as to demand it can be used as fill or crushed and used as road base. Depending on that demand will determine the location of the waste site. ADEMAR Ready Mix will only keep waste on site until there is an end dump load to haul to a suitable disposal location that conforms to all Local, State and Federal regulations. Wash out water will be contained in a concrete containment and reused to wash the truck out at night. This containment system will be constructed in such a way that it will contain all wash water from the mixer fleet. (This system will be similar to the one that the Siegrist have on their property at 64th Ave. that CAMAS of Colorado is presently using ) Waste concrete generated on an average is approximately 1/4 cubic yard per mixer truck per day. Washout water will not be a problem as it will be recycled and contained in a washout system. Weld County Planning Dept. JUI.. 0 9 1999 RECEIVED EXHIBIT FF Usk-#IE/.7.72o ` N,JUNT41/4 MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: F ��1 l s 9119 County Line Road• Longmont, CO 80501 E � ' (303) 772-0710• FAX (303) 651-7702 0E* p ,1114 199 • June 14, 1999 Mr. Eric Jerman . Weld County Planning Department 1555 North 17th Street Greeley, CO 80631 Dear Mr. Jerman: I have completed an inspection at the Ademar Construction Batch Plant Facility. The requirements of the Fire District have been met for the facility. In accordance with Section 903.2 and Section 3.1 of Appendix III-A of the Uniform Fire Code, the Fire Chief will not require water supply for fire protection based on the nature of the facility. If any additional buildings or facilities are constructed, Fire District review and approval will be required and water supply for fire protection requirements may apply. Should you have any questions, please contact me at 303-772-0710. Sincerely, ^4 LuAnn Penfold Fire Marshal LMP/lp cc: Francisco Martinez,Ademar Construction,P.O.Box 334,Firestone, CO 80520 Roger Vigil, Weld County Building Department, 1555 N. 17th Street, Greeley, 80631 project file file 'p06.15.99 (;. EXHIBIT 46 USC 4eaa0 Station 1 Station 2 Station 3 Station 4 Station 5 Station a Station 7 9119 Only line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont CO Longmont.CO 299 Palmer Ave. 8500 Niwot Road Lafayette.CO 600 Badge 100 So.Forest St. 80501 80504 Mead,CO 80542 Niveot,CO 80544 80026 Ede,CO 80518 Dacono,CO 80514 • w,ouNra4 MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: s 9119 County Line Road •Longmont, CO 80501 R o (303) 772-0710• FAX (303) 651-7702 E • E VIEW • February 25, 1999 • Mr.Ben Patton Weld County Planning Department 1400 North 17th Avenue Greeley,CO 80631 Dear Mr. Patton: I have reviewed the submitted material pertaining to the special use request for the construction of a batch plant to be located east of I-25 and south of Weld County Road 28 (Case Number: USR-1220, Case Name: Ademar Construction). The property named is within the boundaries of the Mountain View Fire Protection District and receives service from the District. The Fire District does not object to this request if the requirements of the District can be met. Based on my review,I have the following comments and stipulations: - Construction shall be in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners;, and the 1994 Edition of the Uniform Building Code, as enforced by Weld County. In accordance with Section 903.2 of the Uniform Fire Code, an approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. The batch plant is considered a facility and will also have buildings on the site. A minimum fire flow of 1,500 gallons of water per minute, measured at a residual pressure of 20 pounds per square inch (p.s.i.), will be required. Water supply must be provided by a hydrant located within 450 feet of the facility as measured along the fire apparatus access road and aroun the extenor of the facility. A letter must be provided to the Fire District from the water supplier that the required fire flow is available. Before contraction may begin, fire department apparatus access must be provided for all structures in excess of 150 feet from a public access road. Fire apparatus roads shall be extended so fire apparatus may reach to within 150 feet of all portions of buildings or facilities. Apparatus access roads shall be a minimum of 20 feet in width and be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds). Roads must have a surface that provides all-weather driving capabilities. Roads in excess of 150 feet in length must be provided with approved provisions for the turning around of fire apparatus. The minimum turning radii for all turns shall be thirty-five (35) feet inside�ing radius and forty-eight (48) feet o ' turning radius. L Station 1 . Station 2 Station 3 Station 4 Station 5 Stallion 6 Station 7 9119 Cray Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Nava Road Latayetta,CO 800 Briggs 100 So.Fonat St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Eric CO 80516. Dacono,CO 80514 Mr.Ben Patton February 25, 1999 Page Two • Approved address numbers shall be placed on the building or at the entrance to the site in such a position to be plainly visible and legible from the street fronting the property. Address numbers or letters shall contrast with their background. A final site plan showing the location of existing fire hydrants or proposed fire hydrants, waterline sizes, and available fire flows must be submitted to the Fire District for review and approval. A final inspection of the facility will be required by a member of the Fire District before operations commence. The Fire District reserves the right to make further comments as the project proceeds. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/lp cc: Roger Vigil, Weld County Building Department, 1400 N. 17th Avenue, Greeley, 80631 x Francisco Martinez,Ademar Construction, P.O. Box 334, Firestone, CO 80520 project file file Ip0211.99 JUL-13-98 17-02 FROM•FRASCONP JOINER GOODMAN ID.3034948309 PACE 1/3 Frasoosa, Joiner,sad Guoeltaas. P.G. Mho E L.. *Ira grit•-• • "..r S I::.. A P..L.o...l G..p..soe a.up.Sea AWL,A.d..i.r ass ilk S.LL Mr.tbt•a to ,Caftan maa6.be7a admit dl"`l 4,1 Get 6..rMr naisio.Fri(sN) Assam thrik...(set) 044404 Mtge Ale*%.L.. Corr[ �a :f/..+a.o..a. so.sisa(9..taea)aime nia.w. Y=Leo A' 'LP MIMS llzL� Amy&Alm Gar Ally 13. 1999 Mdtc Wally Goat.El. VA FACSIMILE ONLY:On 774.29.6 Gann d Oat LIP 436 Cabot Smut,gate 700 Lamm CO 80902 Re: Vora clSc Shads Cow Meese) Ora theta A*r Cmauadioo.Lac-('Adams% Dear Wally: Tara for mild*die patio this mowing ta teaching ape= w4t regard to Segd.cs madams'of it oejaaioa to tto Ado=Weld Catty'OR penult application. IIat ofilhdtartil of Sto`at's etifectiee to maga Oat ts9 aeon Weems to to Moeamate= mcJo¢ 1. AsauaiaC me matt is appeoved,Ademar will roam the Rod Kte ammo heft on or ibis will be the select°a..j_..ta agteenew which rural be recorded as cowman my climes tea property,&- I dmazipooa of width Was provided to rec..7 Srn.Jb 3S 1-3A) 'COW `e 4Itfe t (.Ln.tPI 2. Sooting atho it 7®azy 1,2001 at at to tame the gat:n"4t atial bttsdhtg rant do Siepvt's planned deveiaptoant h l 1,whichever s boo,the following ]im�tions on the opesatLao of the&di Mac plant stall be in effect a 1e plant wilt operate between 6 am.and 6 p_m.Monday tern*Parlay,withImola aocesionally returning to the plat (Sr outer Waal°gelation)a(hr 6 p.m.; b. Stang°patina ham read be S a.m. to snot(wit tracks omasioaege mcloopias ear new* a flat than ism3Ida,Orcatiotttorsi mei Z8'd 800I98ZE0E 'ON 'WE S3!NddU00 ISIN031S 6Z:91 Elu 66-EHInc EXHIBIT L(52 #Oat) JUL-l3-S t^-03 FROM-PRASCONA JOINER CUOUMAN ID•30399993U9 PAGE 3/3 • P,SOY.Jew id G..:--n-, P.C. Me Wally Gast Furl 1*13, 1999 Pons 2 4. 'Ate MIME Itern-Mb pint stall not opens an New Yells Day,Prosideess'Day,Yse nodal Day,4m of My,Labor Day. Tbantogbia,ar Odom,for proposes of sea to Nod plot lb be era drat A oar red its prinaPois ate peob eios web krbe is their awn ooas¢vctica.Spin >ouY aces anthem 3. !icy k{woe ilea don not red 700 rntic yards.mz Sit =blob pies eocsed 30 Ret in dint. 4. Mock dries b cabin a right of Roc fetal b bay the rear inzgory rrta is em 0ton al the Ma permit application. You ellt dealt mcb a puritan ftr belnaon in the caverns s te k teesaded. Wise=net zoo a soon as poe bk inlays lays nbnbazarterbrd any altars abteemiree=WS des=Wag Worm oar rapeetbe tdienr. Apes,dank lar bar yaw flows in siting ebb mar mint ancetety yoga, Franca,labor and Goodman,Y.C. By- Yawn 7. u.. Donbas Idea(via fmdm9%) Mt t$ti%err r and Mt. Malec:ice tva taainlic) Lae liasbic £0'd 8001881:£05 'ON Xdd S31N8d4100 i518J3[S 0£:91 3111 66-E':lM ,[2ISH; l:D ; wO,-O.Ov -- ..uc . -, "3—06-22 08: 11 3035735186 ** FACSIMILE SERVICE STATION ** 002 P01 LEGAL DESCRIPTION: (USR AREA) PART OF THE WEST HALF OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING DESCRIBED AS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 35 AND CONSIDERING THE WESTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 35 TO BEAR SOUTH 00'56'59" EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'16'36" EAST ALONG THE NORTHERLY LINE OF SAID SOUTHWEST 1/4 OF SECTION 35 A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'56'59" EAST PARALLEL WITH SAID WESTERLY UNE OF THE SOUTHWEST 1/4 OF SECTION 35 A DISTANCE OF 553.28 FEET TO A POINT 2126.71 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAN) SOUTHWEST 1/4 OF SECTION 35; THENCE SOUTH 88'39'32" EAST A DISTANCE OF 130.88 FEET: THENCE NORTH 00'12'13" WEST A DISTANCE OF 379.20 FEET; THENCE NORTH 88'12'05" EAST A DISTANCE OF 185.84 FEET; THENCE NORTH 00'57'12" WEST A DISTANCE OF 172.50 FEET; THENCE NORTH 82'52'48' EAST A DISTANCE OF 12.90 FEET; THENCE NORTH 00'02'59" EAST A DISTANCE OF 607.96 FEET; THENCE SOUTH 89'03'19" WEST A DISTANCE OF 344.90 FEET TO A POINT 50.00 FEET EASTERLY OF THE WESTERLY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 00'56'43" EAST PARALLEL WITH SAD WESTERLY LINE OF THE NORTHWEST 1/4 OF SECTION 35 A DISTANCE OF 604.74 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 7.186 ACRES MORE OR LESS. ( 1 EXHIBIT STATE OF COLORADO Roy Romer, Governor pe Cotn Patti Shwayder,Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Chery Creek Dr.S. Laboratory and Radiation Services Division • : Denver, Colorado 80246-1530 8100 Lowry Blvd. ' ?1876 Phone(303)692-2000 Denver CO 80220-6928 Located in Glendale,Colorado 1303)692-3090 Colorado Department of Public Health http://www.cdphe.state.co.us and Environment AIR POLLUTION CONTROL DIVISION CONSTRUCTION PERMIT FINAL APPROVAL CERTIFICATION FORM SOURCE NAME: [Insert Company Name] FACILITY IDENTIFICATION NUMBER: [Insert MRS ID# '] PERMIT NUMBER: [Insert Construction Permit#1 All information related to the Final Approval certification of the above referenced Initial Approval construction permit must be certified by a responsible official as defined on the attached page. This certification means that each condition of the Initial Approval permit has been reviewed and that the source is in compliance with all conditions of the permit. A Final Approval permit will be issued only if all permit conditions are being met.The attached memo provides guidance on what steps must be taken to certify compliance with various types of permit conditions. This signed certification document must be packaged with the documents being submitted for the request for Final Approval of this permit. A separate Certification along with the associated documentation is required for each individual Initial Approval permit. This includes"dash numbered" permits(e.g. 96LA199-2). I have reviewed the above paragraph,the attached document entitled "Guidance for Self-Certification", terms and conditions of the initial approval permit referenced above,and the information being submitted for final approval of this permit in its entirety. Based on information and belief formed after reasonable inquiry,I certify that the source is in full compliance with each permit and condition of this initial approval permit,and the statements and information contained in this submittal are true,accurate anti complete. Please note that the Colorado Statutes state that any person who knowingly,as defined in § 18-1-501(6), C.RS.,makes any false material statement,representation,or certification in this application is guilty of a misdemeanor and may be punished in accordance with the provisions of§25-7 122.1,C.R.S. Printed or Typed Name Title Signature Date Signed The Facility Identification Number can be found on the lower left corner of the permit. NOTICE OF START-UP THIRTY-DAY PRIOR NOTICE REQUIRED OF ALL SOURCES Even with a permit you cannot legally commence operation or conduct an activity until 30 days after you have notified the Division of the start-up date(section 25-7-I 14(4)(j)of the Colorado Air Quality Act). In most cases, a permit is applied for and approved before the anticipated commencement date, so the 30 day prior notice causes no problems. If,however you plan to commence your operation or activity as soon as you receive the permit,you should estimate the date you expect to commence(assuming the permit is approved)and fill out and return this form at least thirty days prior to that date. This will avoid a 30-day delay between receipt of the permit and commencement. Notification can be accomplished by completing the form below and returning it to: Colorado Department of Health 4300 Cherry Creek Drive South Denver, CO 80222-1530 APCD-SS-Bl • Please contact the Division immediately (303) 692-3150 if you have any questions or problems concerning this requirement. PERMIT NUMBER: 98P00690 PROJECT DESCRIPTION Portable Concrete Batch Plant Operation of the emission source(s)to which the above permit number has been assigned is expected to begin on January 28, 1999 and will be in full operation by February 25, 1999 ADEMAR Ready Mix Francisco Martinez COMPANY I NrS N E E PRINT) Francisco Martinez PERSON TO CONTACT FOR VERIFICATION OF AP L C A STARTUP DATE Secretary\Treasurer TELEPHONE NUMBER OF CONTACT PERSON POSITION OR TITLE (303) 434-7029 December 23, 1998 DATE • • PARTICULATE EMISSIONS CONTROL PLAN THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1 . THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: • a. Mining Activities - Visible emissions not to exceed 20%, no off-property transport of visible • emissions. b. Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. • c. Haul Trucks - No off-property transport of visible emissions except that when operating off the property of the owner or operator, the applicable guidelines shall he no off-vehicle transport of visible emissions. • Control Measures 1 . Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. 3. Emissions from material handling (i.e_ removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 30 m.p.h. Speed limit signs shah be posted. 5. Unpaved haul roads shall he watered as often as needed to control fugitive particulate emissions. 6. Reclamation works and sequential extraction of material shall be initiated :o keep the total disturbed areas at any one time :o a minimum. 7. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 8. Plant entryway, truck service roads, and concrete batching areas shall be graveled. Watering shall be implemented if emission guidelines above are not met. HMW II - AL ROYS PERMIT #498156 (970) 535-4757 (303) 826-0457 pager YOUR ACCESS INSPECTOR IS AL ROYS. YOU MUST CONTACT THE INSPECTOR AT LEAST 2 WORKING DAYS PRIOR TO ANY ACCESS IMPROVEMENTS OR CONSTRUCTION OF ANY KIND WITHIN THE STATE HIGHWAY RIGHT-OF-WAY. ALL ACCESS ACTIVITY WITHIN THE RIGHT- OF-WAY MUST BE COMPLETED IN 45 DAYS ONCE WORK BEGINS. UPON COMPLETION OF ALL PERMIT REQUIREMENTS, YOU SHALL REQUEST A FINAL INSPECTION BY THE INSPECTOR OR THEIR REPRESENTATIVE. ii EXHIBIT Use. /22o COLORADO DEPARTMENT OF TRANSPORTATION CDOT Perm" Nr, 498156 STATE HIGHWAY ACCESS CODE SH/S/MP lzs 1 FR/z41/682/RT NOTICE TO PROCEED Local s°"`d on Weld Permittee: Francisco Martinez Applicant: Francisco Martinez PO Box 334/364 Buchanan Avenue PO Box 334/364 Buchanan Ave. Firestone, CO 80520 Firestone, CO 80520 (303) 434-7029 (303) 434-7029 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. #V1s/Kiblifk/tb/ffdo%eeb/i4/o/dn'd'ifi6116/./fi VolYo44(rig hE/rfs/sh'a1Vb4/a&l6fWetV S/i6/1QS/of/c1dr1djE5M14-6Eti6(1/A Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation atr(X) -.�4� Title Access Manager b Copy Distribution: Required 1. Region Permit files 2. S Access Section. As needed: Local Authority, MICE Patrol, Inspector Form 1265 8/98 COLORADO DEPARTMENT OF TRANSPORTATION COOT Permit No. • STATE HIGHWAY ACCESS PERMIT _498156 State Highway No/Mp/Side 125 EFR/241 .6b2/RT Permit fee Date of transmittal Region/Section/Patrol 1 Local jurisdiction $100.00 10/19/98 4/1/15 Weld The Permittee; Francisco Martinez PO Box 334/364 Buchanan Avenue Firestone, CO 80520 (303) 434-7029 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit,including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Access is to be located on the I-25 East Frontage Road, a distance of 3,602 feet north from Mile Post 241 on the east/right side. Access to provide service to: Concrete Plant - 2,800 sq. ft. Other terms and conditions: SEE ATTACHED A Notice to Proceed, CDOT Form 1265, is required before beginning the construction of the access or any activity in the highway right-of-way. All submittals , documents, plans and other items that must be completed, shall be submitted and approved before a Notice to Proceed to construction will be issued. Contact the Department (or local issuing authority) for the Notice to Proceed. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By Date Title (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permlttee shall notify Al Roys with the Colorado Deparlment of Wansportation In Mead at_ (970) 535 4757 , at least 48 hours prior tocommencing construction withl the State Highway right-of-way. The person signin s the permittee must be the ow r or I al representative of the property served by the permitted access and have full authority to accept the perm' nd it's terms and conditions. Perm _ —._.... Date // J ye This ermit is not valid until signed by d authorized representative of the Department. COLORADO DEPARTMENT OF TRANSP RTATION tY Date(of issue) Title /:C40(x) Al' V w /fJ('/�j ,047,O/f� Access Manager Copy distribution: Required; ake copies as necessary for; Previous editions ere obsolete and may not be used 1.Region(original) Local Authority Inspector COOT Form#101 Use 2.Applicant MTCE Patrol Traffic Engineer 3.Staff Access Section To c N L .: a 'L"' LO.. E a om, d .c m O L L NI: C C N L O •C O N C C = W N C « aw E c ac' m co o a, m :' _ m 06. 0 a01/10 «a) -C 0 CO a) o 0 U 10. m y = ~ 3C. 0 :5 D o c r m y L" v, a) c E -o «u. 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E L O a w .-5 .0 al a O c -o co .o 2 ° a) U J a) O a w L .O co O N y >N O aJ C U CD U a wE m 3 > w m C 3 v u c "0 m D 'N w to vai o )°a .°) (a `. m cam = C w aNi in c '� w N y E ° N ?) .3 = o O O a O a N N a N L J •- a ` 0 0 0 Q O D U ¢ > - m J 2 L E O O,... to i 2O a a) — N a) w a) W U = m m a_ a N cur,. y ° m N 'E N m N Cu N c c m Jr n m in V m w w S J ` 0 V a) m ° d E a) O C C O J a -Co O E a) 'C w 'O a) O 0 U C N (1.) m O U ro j O a v L m o m ; > O) w a co• C F-- m `o °.)- Em000 Q ma.c u � v H U .E `o rvma r) o .S � a C am 'Cr C 0 L DATE : October 16 , 1998 ACCESS PERMIT NUMBER 498156 - SHEET 2 ISSUED TO: Francisco Martinez TERMS AND CONDITIONS 1 . If there are any questions regarding this permit , please contact Gloria Hice-Idler at (970) 350-2148 . 2 . The Permittee shall refer to all additional standard requirements attached to this Permit (Form lDlb) and any enclosed additional terms, conditions , exhibits and noted attachments . 3 . Incorporated as part of this Permit are the following : Application for Access Permit (Form 137) Permit and its two page attachment (Form 101 ) Depatment ' s M & S Standard Plans Exhibits : "A" - Access Plan. "B" - Site Plan "C" - Vicinity Map 4 . This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1) , and is based in part upon the information submitted by the Permittee . This Permit is only for the use and purpose stated in the Application and Permit . Any changes in traffic volumes or type , drainage, or other operational aspects may render this Permit void, requiring a new permit to be applied for based upon existing and anticipated future conditions . 5 . If necessary, minor changes, corrections and/or additions to this Permit may be ordered by the Department inspector, other Department representative, or local authority to meet unanticipated site conditions . Changes may not be in violation of the Code . All major changes to the plans must be approved in writing by the Department or the issuing authority prior to commencement of any work within the State Highway right-of-way. 6 . Reconstruction or improvements to the access may be required when the Permittee has failed to meet the required design and/or materials specifications . If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such repairs . 7 . The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County permits or clearances required for construction of the access . Approval of this access permit does not constitute verification of this action by the Permittee . 8 . THE ACCESS PERMIT IS NOT AUTHORIZATION OF UTILITY WORK. THE PERMITTEE SHALL OBTAIN A UTILITY PERMIT AS NECESSARY. THE DATE : October 16 , 1998 ACCESS PERMIT NUMBER 498156 - SHEET 3 ISSUED TO: Francisco Martinez TERMS AND CONDITIONS (CONT ' D) PERMITTEE IS RESPONSIBLE FOR ANY UTILITIES DISRUPTED BY CONSTRUCTION OF THIS ACCESS AND ALL EXPENSES INCURRED FOR THEIR REPAIR. 9 . All costs associated with the installation of this access are the responsibility of the Permittee . This includes the design, construction, utility relocation, testing of materials and inspection. 10 . Landscaping shall not obstruct sight distance at any State Highway access . 11 . In the event any changes are made to this highway in the future that would necessitate utility removal , adjustment, or relocation of any installation, the Permittee will arrange for those changes promptly upon written notice from CDOT, and at no cost to CDOT except as provided by law. 12 . Survey markers or monuments must be preserved in their original positions . Notify the Department at (970) 350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site . Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee . 13 . The Permittee or the contractor shall notify your inspector Al Roys at (970) 535-4757 or pager (303) 826-0457 at least two working days prior to beginning any access improvements or construction of any kind within the State Highway right-of-way. Failure to comply with this requirement may result in revocation of this permit . 14 . It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way. Removal , adjustment, or relocation of an existing utility requires the Permittee to obtain a utility permit . Any work necessary to protect existing permitted utilities, such as an encasement , will be the responsibility of the Permittee . Any damage or disruption to any utilities during the construction shall be the Permittee ' s responsibility and shall be repaired or replaced at no cost to the Department . 15 . The access shall be constructed 35 feet wide, with 20 foot radii , as per Exhibit "A" . DATE : October 16 , 1998 ACCESS PERMIT NUMBER 498156 - SHEET 4 ISSUED TO: Francisco Martinez TERMS AND CONDITIONS (CONT ' D) 16 . The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet . 17 . The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 18 . All required access construction shall be completed prior to the herein authorized use of this access . 19 . The access shall be surfaced immediately upon completion of earthwork construction and prior to use . 20 . Surfacing shall consist of 8 inches ABC Class 6 . 21 . If frost , water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost , water or moisture is gone or removed. 22 . The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall not interfere with the existing drainage system in the right-of-way. Drainage to the state highway right-of-way shall not exceed the historical rate of flow. 23 . THE PERMITTEE SHALL REQUEST FINAL INSPECTION BY Al Roys WITHIN 10 DAYS FOLLOWING COMPLETION OF ACCESS CONSTRUCTION, AND PRIOR TO AUTHORIZED USE OF ACCESS . PERMITTEE OR THEIR REPRESENTATIVE SHALL BE PRESENT. 24 . An increase of traffic of more than 20% will require the access be re-evaluated. Re-evaluation could require the access be relocated or closed. 25 . A COMPLETE COPY OF THIS PERMIT SHALL BE ON THE JOB WITH THE CONTRACTOR AT ALL TIMES DURING CONSTRUCTION. If necessary, minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions . FAILURE TO COMPLY WITH THIS OR ANY OTHER CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE SUSPENSION OF WORK BY ORDER OF THE DEPARTMENT' INSPECTOR OR THE ISSUING AUTHORITY. 26 . THE DESIGN AND CONSTRUCTION OF ACCESS AND/OR DEVELOPMENT OF THIS PROPERTY SHALL NOT NEGATIVELY IMPACT ADJACENT OR NEARBY PROPERITES . CORRECTION OF THE PROBLEM AND COSTS RESULTING DATE: October 16, 1998 ACCESS PERMIT NUMBER 498156 - SHEET 5 ISSUED TO: Francisco Martinez TERMS AND CONDITIONS (CONT'D) FROM DAMAGES SHALL BE BORNE BY THE PERMITTEE. • STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 41420 OT Cree 2ndorora 070)35,-1232 da OOfiJI 191O1151�I DZ STATE HIGHWAY ACCESS PERMIT INFORMATION AND BILLING To: Permittee: ;ancxo Ma.-irtneg Address: PO Bog 334 • fires etc CC tto5ao Date: )O/2O/9 g Permittee: Please review both sides of the attached State Highway ,/ Access Permit (form `.101) and all attachments. NOTE: IF YOU FAIL TO SIGN AND RETURN THE ATTACHED ACCESS PERMIT WITHIN 60 DAYS OF THE DATE OF THIS LETTER, THE COLORADO DEPARTMENT OF TRANSPORTATION WILL CONSIDER THE PERMIT VOID. If you choose not -o act on the permit: - return the permit unsigned. If you wish to appeal the terms and conditions of the permit: - refer to the back of the Access Permit for an explanation of appeal procedures. If you accept the permit, please: - sian the Access Permit on the line marked "PERMITTEE". Your signature confirms your agreement to all listed terms and conditions. - provide a check or money order made out to the jurisdiction named on the next line for the amount due. CDOT $ I00 4 W Make check or money order payable to Amount due - return all copies and attachments of the Access Permit along with your payment back to the Colorado Department of Transportation at the address noted below. • The Department of Transportation will process and return to you a validated (signed and recorded) copy of your Access Permit. DO NOT BEGIN ANY WORK WITHIN THE STATE RIGHT OF WAY WITHOUT A VALIDATED NOTICE TO PROCEED. USE OF THS PERMIT WITHOUT TRANSPORTATION DEPARTMENT VALIDATION SHALL BE CONSIDERED A VIOLATION OF STATE LAW. If you have any questions, please call: Giori& HIIeee — Idiev Phone: eg3c) -zs4cg 4 Return Access Permit to: Colorado Department of Transportation 1420 2nd Street Greeley, CO 00632 Hello