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Home My WebLink About20220573.tiffrp &1- S BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for: CH2E Colorado LLC — 8MUSR21-89-842 DEPARTMENT: Public Works PERSON REQUESTING: Jazmyn Trujillo -Martinez DATE: November 2, 2021 i,u124 Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, CH2E Colorado LLC, requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for (8MUSR21-89-842). No collateral is required with this agreement. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found to be acceptable. This Agreement complies with the terms of the Amended Use by Special Review Permit Resolution, as signed by the Director of Planning Services. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for 8MUSR21-89-842, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: P►.( a z R/yo) / ai1oe (PL-) 2022-0573 Date Set: BOCC STAFF USE Time: BOARD OF COUNTY COMMISSIONERS WORK SESSION REQUEST WORK SESSION TITLE: Tire Mountain (aka CH2E) RMA (Road Maintenance Agreement) DEPARTMENT: Planning Services P•ERtON REQUESTING: Corri rkb EXTENSTION: 3572 Has your Commissioner Coordinator or BOCC Chair approved the work session? ❑✓ Yes, Commissioner Coordinator ❑ Yes, BOCC Chair Recommended length of time needed for discussion: ❑ 15 minutes ❑ 30 minutes ❑ other (list) : 20 minutes In addition to yourself and the board, please list who should attend: Bruce Barker, Karin McDougal, Kim Ogle, Dawn Andersen, Ben Frissell, Dan Joseph Brief description of the issue: ❑ Informational only ❑✓ Action needed Staff would like to update the Commissioners on the status of CH2E's non compliance with the Colorado Department of Public Health and Environment and also the status of their Road Maintenance Agreement (RMA). Options for the board: 1) Do not execute the RMA 2) Execute the RMA Recommendation to the board: Staff is recommending that the Commissioners execute the RMA with CH2E. Representatives from the business have signed the agreement and it's a condition of approval prior to recording the USR map. The RMA has no collateral requirements. BOARD CHAIR USE Results/Outcomes: ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS CH2E Colorado LLC — 8MUSR21-89-842 THIS AGREEMENT is made this I day of 0 C T , 202 by and betwe CH2E Colorado LLC, a limited liability company organized ud'dCr tie laws of the State of Co t, whose address is 12311 County Road 41, Hudson, Colorado 80642, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Amended Recorded Exemption, 1 AMRECX20-91-1367; being part of the SE1/4 /4 and the S1/2 S1/2 of S1/2 E1/2 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado r hereinafter referred to as "the Property," and WHEREAS, Property Owner has received the Director of Planning Services conditional approval of 8MUSR21-89-842, and WHEREAS, Property Owner acknowledges that the final approval of 8MUSR21-89-842 is conditional upon Property Owner's understanding of road maintenance described in this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: PART I: SITE SPECIFIC PROVISIONS A. Haul/Travel Routes: The Property Owner shall be financially responsible for its proportional share, of the County's costs associated with maintaining and/or improving designated haul/travel routes. 1.0 Haul/ Travel Routes. The following roads are designated as haul/travel routes for the Property: 1) North and south along CR 41 between CR 22 and CR 28. 2.0 Haul trucks/ traffic shall enter and exit the site at the approved access(es) on CR 41 and remain on paved road for further dispersal. Any County roads used by traffic associated with 8MUSR21-89-842 may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds per axle and axle configurations unless overweight permits have been applied for and granted. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less), Weld County Planning Services and Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will CH2E Colorado LLC — 8MUSR21-89-842 - RMA21-0026 Page 1 of 7 utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the haul/travel routes designated herein and provide notice to the Property Owner. 5.0 Haul Route Signage. age. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. B. Maintenance Requirements: 1.0 Off -site recurring maintenance, if applicable, as required: 2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 3.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent). 4.0 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. 4.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 4. 5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property oLL o -M Owner of County's preliminary determination and assessment of Property Owner's proportional share of NIA= costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to .. a County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and o -m m determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property N m CON 0 0)1 Yv CH2E Colorado LLC — 8MUSR21-84-842 — RMA21-0026 Page 2 of 7 Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available. 7.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a fmal determination and assessment. PART II: GENERAL PROVISIONS A. Permits: Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Planning Services. Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. 3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. O U 3 o- - 3 .C OLL o U � O Ia. l 0 N N ) a- 0 a�o..- = 00 B. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. CH2E Colorado LLC — 8MUSR21-89-842 - RMA21-0026 Page 3 of 7 2.1 Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.2 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 2.3 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 Revocation of Agreement. This Agreement shall revoke upon the earliest of the following events: 3.1 Failure to Commence. County may revoke this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-170. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 Cessation of all Permit Related Activities. Revocation of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the USR including any clean up or restoration required. A partial cessation of activities shall not constitute a Revocation of this Agreement, nor shall County's issuance of a partial release/vacation constitute a Revocation. Unless informed in writing by the Property Owner of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.3 Execution of Replacement Agreement. This Agreement shall revoke following County's execution of a new Improvements Agreement with a new property owner or operator who has purchased the Property or has assumed the operation of the business permitted by the USR and intends to make use of the rights and privileges available to it through the then existing USR. 3.4 Revocation of USR. This Agreement shall revoke following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. C. General Provisions: 1.0 Successors and Assigns. 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. CH2E Colorado LLC — 8MUSR21-89-842 — RMA21-0026 Page 4 of 7 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6.0 Board of County commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null _ and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. A 1 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. o� 9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and m3 all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature '' and description caused by, arising from, or on account of the design and construction of improvements, and o a Z pay any and all judgments rendered against the County on account of any such suit, action or claim, and mI notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises max out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, d T m loss, or damage arising from the intentional torts or the gross negligence of the County or its employees ° while acting within the scope of their employment. All contractors and other employees engaged in a m construction of the improvements shall maintain adequate worker's compensation insurance and public to 0) 10ma , A CH2E Colorado LLC — 8MUSR21-89-842 — RMA21-0026 Vv �mo� Page 5 of 7 liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. 4806984 Pages: 6 of 7 03/02/2022 01:03 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill 11111 CH2E Colorado LLC — 8MUSR21-89-842 - RMA21-0026 Page 6 of 7 PROPERTY OWNS : CH2E Colorado LLC A " By: Date l Name: fA'iI1t, kO S7Vj,# Title: C&P STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before me this day of__________ 202 , by S0*&t;5 O5 )cu Noah D. Kouffman WITNESS my hand and official seal. Notary Public, State of New York Re No. 01 KO6360190 Notary Public Qualified in Suffolk County Commission Expires 6/12/25 WELD COUNTY: ATTEST: Web I: 4806984 Pages: 7 of 7 03/02/2022 01:03 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill 11111 BOARD OF COUNTY COMMISSIONERS ,COLORADO s, Chair FEB 1 6 2022 CH2E Colorado LLC — 8MUSR21-89-842 - RMA21-0026 Page 7 of 7 11 �l M m s 1 a a ira;wI: . _ 'a a iir ..a _ Al A 'e at asS -a s I _ a. .. � t •r. I` 3 I P C _ LI AM The highlighted area is Tires to Green Recycling Holding, LLC — SPR21- 0002. Traffic Information: Pickups and cars: 15-30 trips/day for personal vehicles Tire deliveries: up to 3 trucks/vans, one-roundtrip per day each Product pick-up: up to 3 trucks/vans, one-roundtrip per day each The 3 surrounding parcels are CH2E Colorado, LLC — 8MUSR21-89-842 CH2E and Tires To Green use the same access location onto CR 41. The traffic info for CH2E: Time of Day Estimated Item / Payload / Packaged Vehicle Type Source In / Out? Volume Person(s) CH2E Iu 8:00 AM - 1:00 PM 5 per day Scrap tires Iva Truck & enclosed Weekdays trailer CH2E & In 10:00 AM - 4:00 PM 2 per day Trash service. Packages 3n° party service Rubberosion Weekdays deliveries for office hand carried, vehicle (FedEx. UPS goods, materials. on hand Freight. Estes) and/or spare parts trucks. or wheeled carts CH2E Out 8:00 AM - 11:00 AM 1 per week Crumb rubber, tire Supersacks & Truck & flatbed Weekdays derived materials bales on trailer pallets CH2E Out 8:00 AM - 11:00 AM I per Scrap steel Loose Dump trailer 2 -weeks Weekdays CH2E Out u a n'a Pyrolysis oil, liquid Fuel tanks Semi -puck pulling (offline since fuels tank 2015) CH2E Out uta n•'a Carbon black Supersacks Truck & flatbed (offline since on pallets trailer 2015) Rubberosion Out 8:00 AM — 11:00 AttI 1 per week Molded materials. Bales on Truck & flatbed Weekdays erosion control pallets trailer products CH2E & In& Enter - 7:00 AM 10 - 14 per day Employee(s) ti'a Passenger cars Rubberosion Out Exit - 3:00 PM + Weekdays pickups 7MUSR16-89-842 included these traffic numbers: "A traffic narrative was submitted with the application materials and indicated that there will be approximately 30 daily roundtrips. The expected traffic routes are along CR 41 and distribution of traffic is unspecified in the application. The site will have 16-20 employees working on a Monday to Friday, 7am to 6 pm schedule." Reason for RMA now: There was a one-time RMA that required payment of $14,682 that was signed in 1989 so Melissa thought it was a good opportunity to get an RMA since they do have substantial traffic. AR23D9aU9 RESOLUTION RE: APPROVE ROAD MAINTENANCE AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND TIRE MOUNTAIN, INC., AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and ItW WHEREAS, the Board has been presented with a Road Maintenance Agreement between Weld County, Colorado, and Tire Mountain, Inc., concerning a tire landfill storage and recycling facility in a part of. the SE J of Section 34, Township 3 North, Range 65 West of the 6th F.M., Weld County, Colorado, and WHEREAS, the terms and conditions are as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board desire to approve said Road Maintenance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Maintenance Agreement between Weld County, Colorado, and Tire Mountain, Inc., be, and. hereby is, approved. EF IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. The above and foregoing and seconded, adopted by the June, A.D., 1989. ATTEST: Weld County Clerk and Recorder ems^' and Clerk Po the Bo rd 7eIUty County - trier APPROVED AS TO FORM: I' , , County Attorney Resolution was, on motion duly made following vote on the 28th day of BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO C.W. Kiry, C airman e Jc([��#son, Pro -Tern Gene R. Braritner r-� w cn w rn u, N J 0 ',b N Z o W tea C� y r Ho Zu, n 'o rN t1 c 2'.. 0 xo to N 0 0 f7 0 COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 28th day of June , 1989, by and between the COUNTY Q L , STATE OF M MA50, hereinafter called the "County" and TIRE MOUNTAIN, INC., hereinafter called the "Owner", and WHEREAS, THE Owner has applied to the County for a Use by Special Review Permit, Case No. USR 842 for a tire landfill, storage and recycling facility in °a part of the Southeast Quarter (SEa) Section 32, Township 3 North, Range 65 West of the 6th Principal Meridian, and WHEREAS, the tire landfill, storage and recycling facility will generate a slight increase in heavy truck traffic on County Road 41, and WHEREAS, the existing County road that serves the tire landfill, storage and recycling facility will require increased maintenance and improvements due to the increase in truck traffic, and WHEREAS, the County and the Owner have reviewed the proposed maintenance and improvement conditions and acknowledge that they will enhance the accessibility and safety of the roads that serve the tire landfill, storage and recycling facility; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and the Owner mutually agree as follows: 1. The primary designated haul route that serves the tire landfill, storage and recycling facility is Weld County Road 41, from the facility ingress/egress point south to Colorado State Highway 52. 2. For the Owner's use of Weld County Road 41 for ingress and egress from the tire landfill, storage and recycling facility, the Owner agrees to pay an amount equal to Nine percent (9%) of the cost of surfacing two miles of Weld County Road 41 from the end of the existing payment at Weld County Road 22 north to the ingress and egress points at Weld County Road 26. The improvements shall consist of not more than eight inches (8") of Class 6 aggregate base course and three inches (3") of hot bituminous pavement, grading EX, all twenty-four feet (24') wide plus four foot (4') wide shoulders. B 1357 REC 02309809 11/05/92 10:13 $0.00 2/004 F 1563 MARY ANN FEiJERSTEIN CLERK & RECORDER WELD CO, CO 890557 3. The Owner will pay a sum equal to nine percent (9%) of current (1989) improvements costs of $81,565.00 per mile, or an amount not to exceed a total of $14,682.00 for the Owner's share of two (2) miles of roadway improvements, said amount to be paid by 9 equal semi-annual installments of $1,631.33 with the first payment due on or before December 31, 1989, and subsequent payments due every 6 months thereafter until a total of $14,682.00 has been paid. It is agreed that the source of the funds shall be monies collected from the solid wastes disposal surcharge created by the County pursuant to Ordinance No. 53. It is agreed that all payments submitted to the County by Owner pursuant to Ordinance No. 53 shall be first applied and held by the County towards the semi-annual $1,631.33 payment required hereinabove and any funds paid by Owner in excess of $1,631.33 shall be used by the County in accordance with Ordinance No. 53. In the event the Owner pays on any semi-annual basis a sum less than $1,631.33, pursuant to Ordinance No. 53, it is agreed that Owner shall pay additional sums of money such that a minimum of $1,631.33 will have been paid to the County on a semi-annual basis until the total sum of $14,682.00 has been paid. 4. The County will furnish the necessary base material, hot bituminous pavement, equipment and labor to construct the improvements. 5. The County will inspect and replace culverts that are in a deteriorated condition or require extensions prior to paving, and will be responsible for any required utility relocations. 6. The Owner agrees to install and maintain stop signs at all exit points from his property. 7. Both the Owner and the County will be relieved of all terms of the agreement related to Weld County Road 41 should this road be vacated by the County or the Owner completes the landfill operation prior to the improvement to Weld County 41, in which case any and all funds that have been paid by Owner out of non -surcharge funds shall be reimbursed to Owner. 8. After the County has received the sum of $14,682.00 from either surcharge fees or amounts paid by Owner, any additional sums of money collected pursuant to County Ordinance No. 53 shall be collected by Owner and used by the County all in accordance with Ordinance No. 53. 9. No portion of this Agreement shall be construed to obligate County to construct the improvements described in Paragraph 2 herein within any particular time frame. County's obligation hereunder is limited to an agreement to use the $14,682.00 for improvements to the described portion of WCR 41, which improvements may consist of any portion of the improvements described in Paragraph 2 or graveling. F 157 14EC 02N9FEUERSTEIN09 /92 CLERKO&13 $0.00 RECORDER WELD CO, CO 89055? F 1564 MARY ANN 2 10. No portion of this Agreement is intended to confer a benefit on any person not a party to this contract nor constitute a waiver of any privilege or immunity held by the parties to this Agreement or their officers, agents or employees. IN WITNESS WHEREOF, the parties hereto have duly executed this day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: r a C.W. ry, arman Attest: .,..� _ ___________________ _ 4 Weld County Clerk and Recorder and Clerk, to, -,the Board TIRE MOUNTAIN, INC. By: " Jarr A. am so resi en Add es : 12311 41 Hudson, Colorado 80642 B 1357 REC 02309809 11/05/92 10:13 $0.00 4/004 F 1565 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 890557 3 Ch2E — Public Works Responses #1 CH2E MUSR 13-0013 t"1L5II3- D © i3 Hudson, Colorado August 28, 2013 Page 2 of 4 11'' Q ID /mod 4c-. C1 ~*�e ✓7 iQ u Is lam-8am 9am-4pm 5pm-12am Shift 1 (Employee's 2nd Shift) Shift 2 (Employee's 2nd Shift) Shift3 (Employee 2nd Shift) 2 2 2 2 6 6 2 6 2 8 0 8 4 8 2 0 9 0 )loyee Total for Day : :k Total for Day AL Emplovee lication was submitted for the one existing access. Please label the : number once it has been assigned on the plat. a. t;an you please provide the approved access permit? A note has been added to the plat with a space to type in the permit number once we receive it from you. 4. Please label the turning radiuses into the site. A 60 -foot radius is required to allow large trucks to turn into the site without damaging the entrance apron, ditch or culverts. An alternative turning radius may be used if shown to adequately handle the anticipated truck turning movements. a. Rather than cluttering up the MUSR drawing, I have included an exhibit showing the various turning radii. As we previously discussed on the phone, Due to existing constraints at the entrance, the standard 60 -foot radius template does not match existing conditions. The entrance, as it currently functions, accommodates the vehicles that will continue to access the site. The exhibit models a WB-60 accessing the site from the different directions and it supports the existing truck movements. 5. The existing travel surface and parking area consist of recycled asphalt which appears to adequately handle any existing offsite tracking. The existing recycled asphalt may be sufficient for the increase in vehicular traffic. If tracking of debris or mud onto the County Road becomes a problem, the applicant will be responsible for remediating the tracking problem immediately. a. The comment is unclear to me and it appears to be more of a statement. Is there something the owner needs to do? 6. The application material indicates two existing water quality depressions will be utilized to improve stormwater quality prior to stormwater leaving the site. a. Similar to #5 above, this appears to be more of a statement J 7. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). a. This appears to be more of a statement. No response. Leaving a Legacy of Enduring Improvements to Our Communities - PURPOSE STATEMENT ENGINEERS SURVEYORS PLANNERS Ch2E - Public Works Responses #1 CL12E MUSR 13-0013 Hudson, Colorado August 28, 2013 Page 3 of 4 REQUIREMENTS: 1. Prior to recording the plat: A. An Improvements Agreement and Road Maintenance agreement is required for this site. Road maintenance including dust control, damage repair, and triggers for improvements will be included. 1. Will you be providing the template for the Agreement? It isn't clear to me why this is necessary? Can you explain this in more detail? B. Plat shall be amended to delineate the following: 1. County Road 41 is designated on the Weld County Road Classification Plan as a Collector road, which requires 80 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. a) As noted with #1 with the comment section above, the plat has been revised to indicate the additional 10 -feet as noted. This was shown on the 3`d amended plat and also reflected on this plat, the 4`h amended plat. 2. Show the approved access on the plat and label with the approved access permit number (will be provided). a) As previously noted, can you please provided the approved access permit number. Once provided it will be added to the plat. Development Standards (notes on the plat): Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicantilandowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. A. This standard will be included since it does not appear to have been on the previous USR. 2. The historical flow patterns and runoff amounts will be maintained on the site. A. This standard was included in the draft standards provided with the first submittal. It was #4 in the draft standards. It was a carry-over from the 3`d amended USR. Would you like the words revised to this statement? 3. Weld County is not responsible for the maintenance of onsite drainage related features. A. This standard will be included since it does not appear to have been on the previous USR. 4. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. A. This standard will be included since it does not appear to have been on the previous USR. END OF RESPONSES Leaving a Legacy of Enduring Improvements to Our Coinrnunities . P-.JRPCSP 3fATtMO.T ENGINEERS SURVEYORS PLANNERS Ch2E — Public Works Responses #1 CH2E MUSR 13-0013 Hudson, Colorado August 28, 2013 Page 4 of 4 As previously noted, I hope that I have adequately addressed your comments. If you have any additional comments or questions please do not hesitate to call or e-mail. If you can please forward to me those items noted within my responses that I need to complete the process I would appreciate your help. Sincerely, , ,J. fin Tufte, PE 2 Leaving a Legacy of Enduring Improvements to Our Communities - PURPOSE STATEMENT ENGINEERS SURVEYORS PLANNERS FOURTH AMENDED USE BY SPECIAL REVIEW, 4TH AMUSR #842 IOTS,\ & A OP R4:CORUI) I\i?.YI I'U('' \O 1213-32-4-R3ii.36; A\D PARTOP TIIIi SOt"III Ii:\ -'I Qt;;1R't ' or ti1:(:'f:o J2'103%\ II P 3 \U .0 t%\0, I. W7S81'OI• T1IIi bTi] P hi„ WPL) ( 2' \T3 f6[.OILIOO r ` 1 L L °••{ I L • r \ r . a> \\\fit i nYb KSL 12 : L;L:.J +: 4 c_TGZ'd " ar...a wrtv-as aam 10 win 15.00 48.00 1300 40.50 F] - 0.00 , 0 4.00 19.50 WB-62 feet Tractor Width : 8.00 Lock to Lock Time : 6.0 Trailer Width : 8.50 Steering Angle : 28.4 Tractor Track : 8.00 Articulating Angle : 70.0 Trailer Track : 8.50 <10 LAMP R Y N E A R S O N 4715 Innovation Drive 970.226.0342 P EXHIBIT B Fort Collins, CO 80525 970.226.0879 F ACCESS TURN MOVEMENTS www.LRA-Inc.com L LAMP RYNEARSON Jennifer Petrik & A S S O C I A T E S Engineer I ENGINEERS I SURVEYORS I PLANNERS Weld County Public Works 4715 Innovation Drive. Suite 100 1111 H Street Fort Collins, Colorado 80525 Greeley, CO 80632 IPi 970226 0342 IFI 970.226 0879 Tele: 970-304-6496 x3762 www.LRA-Inc.com E-mail: jpetrikco.weld.co.us Reference: CH2E — Response to Comments dated August 20, 2013 to Michelle Martin Dear Jennifer, This letter is a response to your comments that I have downloaded from Accella and that we have discussed during phone conversations. Although I have been waiting for Michelle Martin to compile the comments prior to replying, I thought I would attempt to address all of yours prior to receiving her notice that all comments have been received. The following comments have been taken verbatim from your letter dated August 20, 2013 to Michelle. My responses are noted in blue text. If anything in the responses below is unclear please do not hesitate to call or e-mail me with questions. COMMENTS: CR 41 is a collector road and requires an 80 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall delineate an additional 10 -foot of right-of-way parallel to the WCR 41 right-of-way for future build -out. a. The 10 -feet of future ROW was noted in one location on the previously submitted USR however at printing the actual line and an additional call -out did not plot. We have turned those on and I have highlighted them on this drawing. They were previously shown on the 3`d amended USR and we have shown them in the same place on this drawing. See the attached plat. 2. The application materials indicated there will be 30 passenger vehicles per day (three shifts of 10 employees per shift) and 9 large trucks per day for a total of 78 vehicle trips per day. Traffic counts on CR 41 in 2010 were 1030. The applicant indicated the number of vehicles in the application materials for trucks was not correct. Public Works is waiting for an update on the number of trucks. a. Based on my discussions with the owner, the information in the original narrative is correct. However, due to variability in shifts there may be some changes as operations can vary day to day. Generally there will be 9 truck visits per day and 30 employee round trips. That is based on a maximum number of employees of 24 potentially working multiple shifts. As mentioned in the narrative provided with the original submittal, the number of employees per shift can vary affecting the number of one-way trips per day. As you note, the 30 employee trips and 9 trucks equate to an estimated 78 one way trips. The following table is intended to be an example (scenario) of that case. Leaving cr Legacy o€ Enduring Improvements to Our Communities - PuRPOSE STATEMENT ENGINEERS SURVEYORS PLANNERS From: John Tufte To: Jennifer Petrik Subject: CH2E - Public works responses #1 Date: Thursday, August 29, 2013 5:19:05 PM Attachments: 02 ►3t001-USR-Sheet 2-2 USR-Sheet 2 - Shy, 2.odf Traffic Patterns Actess Movements -Traffic c Patterns odf 2013-08-28 Comment Rensoose - Public Works.odf Jen, Sorry it took so long to get back to you. I have been in and out of the office a lot lately. As I mentioned in my attached memo, I was waiting for a compiled comment list from planning but hadn't seen anything. Since I haven't I am trying to respond to all of your comments rather than one at a time. That said, I have included a comment response letter along with a couple of exhibits to support the responses. I hope that I have adequately addressed everything. Please do not hesitate to contact me if you have any questions. Have a great day. John Tufte, PE Senior Project Manager Lamp, Rynearson & Associates, Inc. 4715 Innovation Drive Fort Collins, CO 80525 Phone (970) 226-0342 Fax (970) 226-0879 Email 1 ob n.Tuftetc-Ira-i n c.com Website ww.LRA Inc.comm "Leaving A Legacy of Enduring Improvements Within The Community" of -way. An additional 10 feet shall be delineated on the plat as future County Road 41 right-of- way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) a. As discussed with Jennifer Petrik, this information was on the previous submittal but clarified on this re -submittal by adding additional notes. 2. An Improvements Agreement and Road Maintenance Agreement is required for this site. Road maintenance including dust control, damage repair, and triggers for improvements will be included. (Department of Public Works) a. Based on discussions with Jennifer Petrik, Public Works, an Improvements Agreement is not required due to the limited number of vehicle trips entering and exiting the site on a daily basis. 3. The applicant shall verify the number of vehicles per day coming to and from the facility per day. (Department of Public Works) a. This comment was addressed in the responses back to Jennifer Petrik. The traffic volumes were clarified. Please refer to previous responses dated August 25, 2013. 4. Show the approved access point on the Plat and label with the Access Permit number (AP13- 00303). (Department of Public Works) a. Access permit number was added to the plot plan. John Tufte, PE Senior Project Manager Lamp, Rynearson & Associates, Inc. 4715 Innovation Drive Fort Collins, CO 80525 Phone (970) 226-C342 Fax (970) 226-0879 Email 1rahn.T e,@lra-ynccom Website www.LRA-hccom "Leaving A Legacy of Enduring Improvements Within The Community" From: Jennifer Petrik To: °John Tim" Subject: RE: CH2E comment responses - draft public works Date: Wednesday, October 02, 2013 1:42:00 PM Hi John, This sounds adequate to me. Thank you, -Jen Jennifer Petrik Engineer I Weld County Public Works 1111 H Street Greeley, CO 80632 970-304-6496 x3762 S ►Jofr k- Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the cunlenls of Lhis communication or any attachments by anyone other than the named recipient is strictly prohibited. From: John Tufte [mailto:John.Tufte@LRA-INC.com] Sent: Monday, September 30, 2013 9:54 AM To: Jennifer Petrik Subject: CH2E comment responses - draft public works Jennifer, I am getting ready to reply to Michelle's compiled list of comments for the CH2E project and wanted to make sure that I adequately addressed yours. I've pasted your comments and my responses below. If you think I haven't addressed everything please let me know. I wasn't sure how to incorporate some of the phone messages you've left or responses that I've provided. Thanks so much for your help. I'll talk to you later. Have a great day, 1. County Road 41 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right- /vj�... ,i,� CONFIDENTIAL PROPRIETARY TRADE SECRETS AND BUSINESS INFORMATION X c H 2 E e. Animals On -Site This is neither a dairy livestock confinement operation nor are there any animals kept on -site f. Vehicles and Traffic CH2E estimates the daily on -site traffic as follows (approximate trip numbers): Types of Vehicles 1. Private Vehicles Passenger Cars, Pickup Trucks 2 Light Trucks Pickup Trucks, SUVs, etc. 3 Medium Trucks Box Trucks, Flatbed Trucks, Dump Trailers, etc. 4 Heavy Trucks Dump Trucks, Garbage Trucks, Tank Trucks, etc. 1. Expected Travel Routes The CH2E property is located at 12311 Weld Country Road 41, Hudson Co 80642; northwest of WCR 41 and WCR 26, approximately 7 -miles north of Highway 52 in Southern Weld County. The facility can be accessed from interstate 1-76 to the Hudson exit, then West approximately 1 -mile to WCR 41, then approximately 7 -miles North of WCR 41. See: Attachment 05.4f(1) — CH2E_Site Road Areas Employees arriving at CH2E turn in from WCR 41 and head to the designated employee parking area. Visitors arriving at CH2E turn in from WCR 41 and head to the designated visitors parking area. Trucks delivering waste tires to CH2E turn in from WCR 41, head West to a weight station, are weighed and inventoried, and then deliver the waste tires. From the weigh station the trucks head West and drop off the waste tires in the Temporary Storage Areas located near the Storage Cells. The same trucks will leave the site through the same weight station and back onto WCR 41. See: Attachment 05.4f(2) — CH2E Hudson Tireville Traffic Plan In addition to the waste tire acceptance traffic, trucks also use the site for transportation of product created by CH2E's processes. These include waste tire shreds, liquid fuel, and scrap steel. This traffic uses the approved on -site roads. Liquid Fuel Tanks turn in from WCR 41, head West to a weight station, are weighed and inventoried. From the weight station the trucks head West and South, counter clockwise, using existing and approved roads on -site to the Fuel Load -out Rack. When fully loaded, the trucks return to the weight station and back to WCR 41. See: Attachment 05.4f(2) — CH2E Hudson Tireville Traffic Plan Scrap steel is transported off -site in dump trailers. Other traffic includes normal trash and deliveries of office goods and/or parts. The traffic circulation drawn on Attachment 05.4f(2) depicts the flow of traffic for: CH2E 14TH AMUSR-842 MINOR AMENDMENT APPLICATION 14 CONFIDENTIAL PROPRIETARY TRADE SECRETS AND BUSINESS INFORMATION X C H 2 E 1. The incoming waste tires delivered by licensed tire haulers for recycling who must utilize the weight station when entering the site and after completed offloading 2. The off -take traffic for the oil tanker trucks retrieving the oil via access gate and stopping at the administrative building for proper documentation, verification and direction for unloading of oil 2. Travel Distribution Along the Routes According to the Weld County Functional Classification Map, WCR 41 is classified as collector; the site utilizes existing access along this road. Additionally, per the Weld County 2035 Transportation Plan, the average daily traffic (ADT) for WCR 41 between WCR 26 and WCR 28 is 1,310 vehicles. 100% of all incoming traffic will pass thru our only main entrance on the NE side of the property. 1. Incoming traffic accounts for 50% on -site 2. Normal on -site operational traffic accounts for the other 50% 3. Highest Traffic Volume Time The highest traffic volume is expected in the morning between 6am and 7am and in the evening between 3pm and 4pm. 4. Existing and Proposed Parking Existing and proposed parking is as described in the attached MUSR 13-0013 — 842 map. See: Attachment 04.2 - MUSR 13-001 - 842 4th FINAL 5. Nearest Public Roads The nearest public road is Weld County Road 41. See: Attachment 04.2 - MUSR 13-001 - 842 4th FINAL 6. Proposed and Existing Access Points Property access points are as described in the attached MUSR 13-0013 — 842 map. See: Attachment 04.2 - MUSR 13-001- 842 4th FINAL 7. Property Boundary Property boundaries are as described in the attached MUSR 13-0013 — 842 map. See: Attachment 04.2 - MUSR 13-001- 842 4th FINAL g. Fire Protection On -Site The CH2E fire protection plan applies to the entire site and operation, including the recycling, processing, waste tire Monofill storage cells, temporary storage areas (TDF), silo storage (TDF) and various technologies and systems within the buildings. It provides equal or greater level of fire protection per the applicable local fire codes and in accordance to these Regulations. Fire protection details are attached and also described in CH2E's Engineering Design & Operations Plan (EDOP). See: Attachment 05.1b — 20150804 CH2E Fire Safety Plan Amendment Letter Full h. Water Source The CH2E property has two (2) permitted and constructed wells and one (1) permitted well to be constructed. All well water has been tested and certified to be of drinking quality. In addition to the wells, CH2E provides Water Coolers (Culligan Business Waster Delivery) for everyone on -site (employees, visitors, contractors, etc) to use as drinking . CH2E I 4TH AMUSR-842 MINOR AMENDMENT APPLICATION 15 cFl CONFIDENTIAL PROPRIETARY TRADE SECRETS AND BUSINESS INFORMATION H 5.3 Surrounding Land Use The surrounding area is mostly agricultural. The property zoning is specified as an 1-3 Industrial Zone District. CH2E operates a waste tire disposal and processing facility and is in compliance with all permits and operating regulations. 5.4 Operations I Engineering I Fire I Water I Sewage I Storage a. Site Census Employees, tire deliveries (truck drivers), contractors for equipment. CH2E estimates the following number of people using the site on a daily basis: People On -Site on a Daily Basis Total 1.I Employees 24 2 Tire Deliveries 7 3 Vendors 2 TOTAL 33 b. Number of Employees It is anticipated that there will be between 16 and 26 full-time 'on -site' employees at the CH2E facility, grouped as follows: Number of Employees Total 1. Waste Tire Monofill and Tire Acceptance Operation 2 2 General Business Operations / Office Staff 2 3 Tire Shredding Facility and Operations Staff 10 4 Processing / Recycling Operations 10 TOTAL 24 c. Hours of Operation The waste tire monofill and tire acceptance operation is open to registered tire haulers to deliver waste tires Monday through Friday between the hours of 7:00AM and 3:00PM. The general business operations / office staff may keep limited hours between 7am and 6pm. The tire shredding operation and processing / recycling operation hours are 24 hours a day 7 days a week. CH2E I 4THAMUSR-842 MINOR AMENDMENT APPLICATION 11 YM1U5R2_1m Xq_ Y4tv TRAFFIC NARRATIVE, METRICS & CIRCULATION PLAN FOR USR MINOR AMENDMENT JULY 2021 Updated from CH2E EDOP v6.3 20180601 FINAL.PDF The CH2E property is located at 12311 Country Road 41, Hudson Colorado 80642; Northwest of CR 41 and CR 26, approximately 7 -miles North of Highway 52 in Southern Weld County, Colorado. The facility can be accessed from Interstate I-76 to the Hudson Exit, then West approximately 1 -mile to CR 41, then approximately 7 -miles North of CR 41. The site is approximately 120 -acres and a Certificate of Designation (CD) for a Waste Tire Monofill and a Waste Tire Processor was granted by Weld County. According to the Weld County Functional Classification Map (circa 2021), CR 41 is classified as a collector road. The site utilizes existing access along this road (and has since 2012 when CH2E acquired the facility and property). Additionally, per the Weld County 2035 Transportation Plan (circa 2017), the average daily traffic (ADT) for WCR 41 between WCR 26 and WCR 28 is 1,310 vehicles. Vehicles delivering waste tires or retrieving tire derived materials and manufactured commodities (see below) arrive from (either the North or the South on) CR 41 and turn into the facility. Vehicles then head West to a weight station, are weighed on a truck scale and inventoried (if needed), the driver then enters the administrative building (as may be required), and then either deliver the waste tires and/or depart with the aforementioned payload of commodities. The vehicles then leave the facility through the same weight station and back onto CR 41, heading either North or South. There is an equal distribution of vehicles entering and exiting from either the North (— 50%) and the South ('- 50%). The table below depicts the overview of vehicle traffic related to both operations onsite (CH2E & Rubberosion): Source In / Time of Day Estimated Item / Payload / Packaged Vehicle Type Out? Volume Person(s) CH2E AM — 1:00 PM 5 per day Scrap tires n/a Truck & enclosed Fn_�'8:00 Weekda s trailer CH2E & 10:00 AM — 4:00 PM 2 per day Trash service, Packages 3"' party service Rubberosion Weekdays deliveries for office hand carried, vehicle (FedEx, UPS goods, materials, on hand Freight, Estes) and/or spare parts trucks, or wheeled carts CH2E Out 8:00 AM - 11:00 AM 1 per week. Crumb rubber, tire Supersacks & Truck & flatbed Weekdays derived materials bales on trailer pallets CH2E Out 8:00 AM — 11:00 AM 1 per Scrap steel Loose Dump trailer 2 -weeks Weekdays CH2E Out J n/a n/a Pyrolysis oil, liquid Fuel tanks Semi -truck pulling (offline since fuels tank 2015) CH2E Out n/a n/a Carbon black Supersacks Truck & flatbed (offline since f on pallets trailer 2015) Rubberosion Out 8:00 AM— 11:00 AM I per week Molded materials, Bales on Truck & flatbed Weekdays erosion control pallets trailer CH2E & In & Enter — 7:00 AM 0-14 per day Employee(s) n/a Passenger cars / Rubberosion Out Exit — 3:00 PM + pickups �+l: Vppa$S&i't. 1Lt- - TRAFFIC NARRATIVE, METRICS & CIRCULATION PLAN FOR USR MINOR AMENDMENT JULY 2021 Updated from CH2E EDOP v6.3 20180601 FINAL.PDF The attached traffic circulation plan depicts the flow of traffic for: 1. The incoming waste tires delivered by licensed tire haulers for recycling who must utilize the weight station when entering the site and after completed offloading 2. The off -take traffic for the vehicles retrieving various payload commodities who must access the gate and stop at the administrative building for proper documentation, verification, and instructions [SEE ATTACHMENT: TRAFFIC CIRCULATION PLAN] ° . L_J i• I Co IV ExlsnNe— E- Qp ACCESS S COMMODITY o STORAGE :J ( ■ EXISTING SCALE I. AL.L TRUCKS WILL t BE WJGHED ExtSTSNG � HANDICAP PARKING EACH HELDfl EXISTING RELOCATED II LEACH FIELD MIL NGS ( ) * w RECYCLING BUILDING CNl ➢.I HUBBIFHOSION t w• • I I EMPLOYEE LOADING PAD- . PARKING AREJ . t IODD COMMODITY Ig STORAGE T �� ) � I ♦ ■ ' I 3•] GH2E HOLDING 4I.ftLIPJAL OSIGN AREA i ..cam :11: F aD I.) RUBBEROSION TIRE DERIVED COMMODITIES MANUFACTURING 2.) RUBBEROSION PRODUCT & MATERIALS STORAGE 3.) CH2E TIRE PROCESSING AREA r--.. 4.) RUBBEROSION PRODUCT LOAD OU F ■► TIRE DROP-OFF TRAFFIC PATTERN �1► UOUID AND DRY COMMODITY HAULING TRAFFIC PATTERN ASPHALT MiLUNGS AREA ¢� 2 New Contract Request Entity Information Entity Name * Entity ID * ❑ New Entity? CH2E COLORADO LLC 9'00034791 Contract Name * Contract ID Parent Contract ID ROAD MAINTENANCE AGREEMENT 8MUSR21-89-842 CH2E 5563 COLORADO LLC * R uires Board Approval Contract Lead A,ppr Contract Status ,ITRUJILLOMARTINE2 YES CTB REVIEW Contract Lead Email Department Project # jtrujil lomartinez@weldgov.c om Contract Description * ROAD MAINTENANCE AGREEMENT SMUSR21-89-842 CH2E COLORADO LLC NO COLLATERAL REQUIRED WORK SESSION HELD 02;07; 2022 AND BOARD DECIDED THEY WOULD LIKE TO PROCEED WITH AGREEMENT STRAIGHT TO THEIR CONSENT AGENDA Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PLANNING Date* 02/122022 02/16,2022 Amount * Department Email $0.00 CM -Planning Neldgov.com Will a work session with BOCC be required?* HAD Renewable* Department Head Email NO CM -Planning- Does Contract require Purchasing Dept. to be included? DeptHeadeldgov.com NO Automatic Renewal County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COU NTYATTORN EYE WELDG OV.COM if this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TOM PARKO JR. DH Approved Date 0209}t2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02'16;2022 Originator JTRUJ I LLOMARTI NEZ Contact Type Review Dare* 02116,2023 Committed Delivery Date Renewal Date Expiration Date* 02.15:2024 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approver Legal Counsel CHERYL PATTELLU KARIN MCDOUGAL Finance Approved Date Legal Counsel Approved Date 02:102022 02,'1012022 Tyler Ref # AG 021622 Cheryl Hoffman From: Jazmyn Trujillo Martinez Sent: Tuesday, February 8, 2022 11:39 AM To: Cheryl Hoffman Subject: RE: CH2E CO LLC - 8MUSR21-89-842 Good morning Cheryl, This is an odd one because the pass around was never completed. This particular agreement had been on hold but yesterday the BOCC had a Work Session on it and decided that it had been on hold long enough so they just wanted it to go straight to their consent agenda, so that is why it is already in the works on OnBase. Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Tuesday, February 8, 2022 11:23 AM To: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com> Subject: CH2E CO LLC - 8MUSR21-89-842 Good morning, Jazmyn, Was there a pass -around approved on this one? I received the original, but I can't find the pass -around. I do see it's already in the works going through OnBase #5563. Just let me know. Thanks! P.S. I received the other 2 originals today also. Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com Hello