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Home My WebLink About20202261.tiffEXHIBIT INVENTORY CONTROL SHEET CASE COZ20-0004 - GERRARD INVESTMENTS, LLC, C/O ROCK AND RAIL, LLC Tyler Exhibit Submitted By Page # Description Water Quality Report dated 7/20/2020 AS. Dave Kisker 3 - 29 (received 7/20/2020) AT. Tammy Brown 30 - 31 Letter of opposition (received 7/20/2020) Health effects of Particulate Matter, Noise Analysis Report, Property value report as of 7/20/2020, Report AU. Dave Kisker 32 - 84 on actual existing land uses (received 7/20/2020) Letter of opposition dated 5/4/2020 (received AV. Lee Ann Rosenquist 85 7/21/2020) AW. Royal Kupec 86 - 87 Letter of opposition (received 7/21/2020) AX. Holly A. Herson 88 - 89 Letter of opposition (received 7/21/2020) AY. Chris Dighero 90 - 91 Letter of opposition (received 7/21/2020) Mike O'Donnell, Colorado Lending Letter of opposition dated 7/21/2020 (received AZ. Source 92 7/21/2020) John L. Warren, BA. 4X Industrial, LLC 93 Letter of support dated 7/15/2020 (received 7/21/2020) Greg Frazee, Interstate Highway BB. Construction 94 - 95 Letter of support dated 7/15/2020 (received 7/21/2020) Lloyd Lawson, BC. Lawson Const. 96 Letter of support (received 7/21/2020) Joe Gonzales, Letter of opposition dated 7/21/2020 (received BD. Party Services 97 - 98 7/21/2020) BE. Paul N. Echternacht 99 Letter of opposition (received 7/21/2020) BF. Applicant 100 - 133 PowerPoint Presentation (received 7/22/2020) Kelsie Barnett, Letter of opposition dated 7/22/2020 (received BG. Kakes by Kelsie 134 - 135 7/22/2020) BH. Dakota Cotner 136 - 137 Letter of opposition (received 7/22/2020) BI. Brielle Dighero 138 - 139 Letter of opposition (received 7/22/2020) Bob and Renata BJ. Meusch 140 - 142 Letter of opposition (received 7/22/2020) BK. Gregg Dighero 143 - 144 Letter of opposition (received 7/22/2020) BL. Sally Boccella 145 - 146 Letter of opposition (received 7/22/2020) 2020-2261 EXHIBIT INVENTORY CONTROL SHEET - PAGE 2 CASE COZ20-0004 - GERRARD INVESTMENTS, LLC, C/O ROCK AND RAIL, LLC Tyler Exhibit Submitted By Page # Description BM. BN. BO. BP. BQ. BR. BS. BT. BU. BV. BW. BX. Keith R. Lightfield, Lightfield Enterprises, Inc. Lindsay Miller, Miss Miller's Photography 148 - 154 Letter of opposition (received 7/22/2020) Valerie Harmon, Ralph L. Wadsworth Letter of opposition dated 7/14/2020 (received Construction 155 7/22/2020) Kelly Wagner, Colorado Party Rentals Letter of opposition dated 7/21/2020 (received 147 7/22/2020) 156 - 157 Letter of opposition (received 7/22/2020) Adam Sayer 158 - 159 Letter of opposition (received 7/22/2020) CLR-34 response to Sound Level Survey done by Gary Oplinger 160 - 161 Behrens and Associates (received 7/22/2020) List of persons represented by CLR-34 Neighborhood Dave Kisker 162 - 164 Association (NA) (received 7/22/2020) Ronnie Bogart 165 Martin Marietta Load Ticket (received 7/22/2020) Exposure to air pollution and COVID-19 mortality in the Craig Wilson 166 United States (received 7/22/2020) Applicant 167 - 209 Rebuttal PowerPoint presentation (received 7/22/2020) Debbie Glasco, Paper Heart Productions 210 Letter of opposition (received 7/22/2020) Bailee Ward 211 - 214 Letter of opposition (received 7/22/2020) 2020-2261 Water Quality: One More Drip in the Incompatibility Story July 20, 2020 By Joanne Fenton Ellen Kisker, Ph.D. 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED Water quality: One more drip in the incompatibility story Locating concrete and asphalt manufacturing next to farms risks contaminating water they use on crops. Unfortunately, our investigation into CDPHE water quality requirements and monitoring practices revealed that they impose few requirements on Martin Marietta Materials/Rock & Rail's operation, and monitoring is extremely lax. Thus, MMM/RR's claims that they meet all CDPHE requirements provides little assurance that water used by local farmers will remain safe. In the absence of accountability, it is impossible to conclude that MMM/RR's operation (or any other allowed use in the 1-3 zone that may later exist) is compatible with surrounding agricultural land uses. An important concern of neighboring farmers is that the Martin Marietta Materials/Rock & Rail (MMM/RR) concrete and asphalt manufacturing facility will degrade water quality by contaminating groundwater or stormwater run-off. Introducing a new source of potential contamination next to crops is one more way in which rezoning the parcel on which the MMM/RR facility is located to Heavy Industrial (1-3) is incompatible with surrounding uses. The EPA's industrial stormwater fact sheets for asphalt and concrete manufacturing (attached) identify potential pollutants at concrete and asphalt paving materials manufacturers: total suspended solids, total dissolved solids, biochemical oxygen demand (BOD5), chemical oxygen demand (COD), oil and grease, benzene, methylene blue active substances, pH, and metals. While compatibility of MMM/RR activities and plans with the surrounding residential and agricultural land uses is a critical issue, rezoning also requires compatibility with all allowed uses on 1-3 zoned parcels. Some of these allowed uses, including crop -dusting operations, biosolid and domestic septage disposal, commercial truck washout facilities, service facilities for taxis or buses, heliports, and vehicle service/repair establishments, could threaten water quality even more than the MMM/RR operation. The range of potential water contaminants from these allowed uses is likely to include additional potential pollutants. MMM/RR's approach to water quality At the Weld County Planning Commission hearing on June 16, 2020, MMM/RR's attorney addressed the concern about water quality, basically saying that MMM/RR was doing everything CDPHE requires. We followed up by investigating what this really means and considering whether it mitigates incompatibility. At the Planning Commission hearing on June 16, 2020, the attorney for MMM/RR responded to neighbors' concerns about water quality by saying': Brian Connolly: Turning to storm water. Certainly heard some concerns about stormwater. And I thought it would be helpful to first explain that in the time that this facility has been either under construction or operating, the only release of stormwater from this property was the ' The Planning Commission hearing discussions cited here were taken from audio recordings of the hearing. 1 incident that Mr. Cummings referenced in 2017, which occurred during the time that the facility was under construction. The facility has three stormwater detention ponds onsite. They all have water quality treatment. They all have water... they have detention structures and that spill occurred...or that release occurred before all three of those ponds were complete. I also point out that there is a channel that's been dug basically around the eastern edge of the site that takes water from the north and transports it all the way around the site and then releases it to the south. So really, the only storm water that could be tracked coming off of this site comes from this site. Now, there were questions that were raised about water quality. And I have a copy of the CDPHE storm water permit with me, and I don't want to belabor the point, but I'll just know... I'm happy to put it into the record but I don't have enough copies for everyone, but I just want to know that... there are... so that the permit itself is probably twenty five pages long and it contains a monitoring plan. So, things that are monitored on the property include things like hydrocarbon tanks, secondary containment, the detention pond which under the permit is actually monitored daily. There are containment devices, general plant conditions, erosion, structural BMPs, vehicles. These are all monitored either on a daily, weekly or monthly basis. So there is significant monitoring that is required as a result of the CDPHE permit. Now, all of that being said, Rock and Rail would be happy as it continues to build out this property to work with neighboring landowners and ditch... uh, ditch owners to ensure that any runoff that comes off of the site is not contaminated. After the Planning Commission hearing, we contacted the Colorado Department of Public Health and Environment (CDPHE) to request a copy of MMM/RR's water quality permit and monitoring reports. Below we report on what we learned. CDPHE staff told us that companies with detention ponds are "highly encouraged" to obtain a permit for detention ponds, but CDPHE "can't force" a company to get a permit "until they discharge." MMM/RR has a stormwater discharge permit (COR901285) that was originally issued in 2015. A copy is attached. Although the attorney claimed that the permit was "probably twenty-five pages long and it contains a monitoring plan," the permit in CDPHE records is one page in length and does not contain a monitoring plan that an interested citizen can obtain. CDPHE told us that MMM/RR is required to have a stormwater management plan available on site, but they do not submit it to CDPHE. CDPHE staff informed us that what MMM/RR is required to monitor is determined automatically by the Standard Industry Codes (SICs) they select in their permit. Based on the SICs MMM/RR selected, they are required to monitor three things: total suspended solids, total iron, and selenium (hardly an extensive monitoring plan, given the potential pollutants identified by the EPA). The selected codes do not include railroad activity, but including such a code would not have resulted in additional requirements. CDPHE requires quarterly reporting on stormwater discharge monitoring. We obtained the MMM/RR's quarterly reports that they have submitted electronically since the second quarter of 2017. A copy of the monitoring report records is attached. MMM/RR is required to monitor with a "grab" within 30 minutes (or as soon as practicable) from stormwater discharge after a measurable storm event. In NO quarterly report since the one submitted for the second quarter of 2017 has MMM/RR reported the results of grab sample monitoring. This is 2 consistent with their claim in the Planning Commission hearing that there has been no discharge since the 2017 flood from their detention pond that we have documented. It is curious that MMM/RR's attorney claimed "there is significant monitoring that is required as a result of the CDPHE permit." We spoke to a number of CDPHE staff and questioned them carefully about MMM/RR's permit and monitoring requirements, and they provided no evidence that MMM/RR's permit requires significant monitoring, and the reports MMM/RR submits to CDPHE do not contain ANY monitoring results that would suggest the existence of significant monitoring requirements. It's clear that MMM/RR's attorney misrepresented the situation. Later in MMM/RR's rebuttal, James Sharp elaborated on what MMM/RR's monitors and reported that there has been no discharge from the site except the one documented by John Cummings: James Sharp: So there are parameters per the stormwater management plan that govern what we have to monitor. In this particular case, it's iron, selenium and total dissolved solids. Of course, if there is a something noticeable like a sheen or something like that on the water, then we have to take it and we have to do like a BTEX or for hydrocarbons. At the same point, there has never been a release from this site besides this one in 2017 that was done during construction. That was happening during construction. We reported that to CDPHE and no violations were noticed or received from CDPHE. MMM/RR does not have a hazardous waste permit and according to CDPHE, has no requirement to report on monitoring for potential groundwater contamination. Under questioning by Planning Commissioner Holland at the Planning Commission hearing, the attorney for MMM/RR acknowledged that MMM/RR does not presently have groundwater monitoring on the site but indicated that they are committed to doing what CDPHE regulations require. Unfortunately, it does not appear that CDPHE requires them to monitor groundwater, so that is an empty promise. Potential groundwater contamination is a concern. At the Planning Commission meeting, Commissioner Holland, who has experience in water quality issues', questioned MMM/RR about this: Commissioner Holland: Any site like that is covered with things that collect someplace, chemicals... What I said is any detention basin contains contaminants because you got effectively your site being washed by every rainstorm. And this site gets washed frequently of containments, because it does rain out there. And you do have railroad tracks. You do have trucks parking. You do have chemicals fall on the ground. Those all end up in the detention basins. So my question is, is the detention basin lined? Brian Conolly: No, it's not. Commissioner Holland: So those contaminants then end up in the groundwater or in runoff that happens to be released in the ten-year release. There is a release from every detention basin unless the basin is sized as a retention basin which is a bathtub. And then you got to pump it out. So the question really, I think that you ask, is an industrial site, especially an 1-3 type site, is going to contribute contaminants to the overall groundwater column, either because it seeps in or because it's allowed to wash out. James Sharp: I disagree with your statement. 2 At the hearing, Commissioner Holland said, "I grew up in this storm water business. I developed all of the storm water quality and quantity for Las Vegas Valley." 3 Commissioner Holland: On what basis? James Sharn: Well, our industrial site, OK, yes, there are vehicles on there. At the same time. If you look at it that way, we have an SPCC plan there. We have an SWMP plan, specifically designed there for that facility. If you go along that same logic, then every road and highway and every parking lot in Weld County does the same thing. Commissioner Holland: That's absolutely correct. James Sharn: OK. Commissioner Holland: And it ends up in the rivers. That's why we have an EPA that monitors the discharge... James Sharn: We monitor the discharge. Absolutely. Commissioner Holland: So my question really is, what are you doing to monitor the discharge out of your detent... Because I think you have detention basins, not retention basins. If you have a detention basin, those contaminants are either in that pond or by the water that falls or goes into the pond, it gets down into the groundwater column that ends up in the groundwater. James Sharn: Yes, we have detention basins and yes, we are required to if we release water from the site, we have parameters that we have to monitor for. Commissioner Holland: You monitor but that doesn't... James Sharn: And at the same point, yes, you know, if you're under that assumption that every parking lot that has a vehicle contributes to something to the groundwater. OK. And that can include the Applebee's down the street because there's cars parking on it. OK. Or Indianhead, who has, you know, subdivision that has roads going through that, and that contributes that. Then everything does contribute to some form of degradation to the water. If you look at it that way. But that's why we have measures in place. That's why we have the head gates. That's why we have to release a little monitoring of the water. Commissioner Holland: I fully understand. Fully understand. Don't understand. I mean it. James Sharn: Hopefully, I answered your questions. Commissioner Holland: No, you didn't. James Sharn: OK. Commissioner Holland: There are two types of sources of pollution that our EPA and our state EPA monitors. What's called point sources. That's a treatment plant. James Sharn: Correct. Commissioner Holland: That's maybe a site like this that has some major effluent that comes off and has to go someplace. It either gets treated or it's then returned and diluted through another treatment process. This would be called a point source. From the standpoint of monitoring the contaminants that come off of a site like this. I'm not saying that you're excessive, but we had a previous person from an irrigation company that was asking, can you help us monitor what's going in. You're asked to report. I understand perfectly what the requirements are for reporting. If you don't exceed the requirements, no harm, no foul is how the state looks at it. And all I think we are trying to get to here is are you appropriately monitoring your release and reporting from that detention basin? If you are, you're meeting the requirements. 4 James Sharn: Absolutely. The monitoring process by CDPHE is loose and minimal, leaving accountability weak and the public unprotected. Yes, the stormwater discharge permit defines required monitoring and reporting; however, the reports are only reviewed by CDPHE if the company is inspected. The state "inspects 10% of the permittees annually." Therefore, a company could be in violation for years without the state knowing. A violation occurs only if the DMR is flagged for an exceedance and it is reviewed by the compliance officer if they inspect that company. Conclusion Where does that leave us? We were unable to establish for sure whether MMM/RR is adhering to all CDPHE requirements as they claim. But even if they are, that is little comfort, because CDPHE requirements are minimal and barely enforced. At the Planning Commission Hearing in June, assertions were made that MMM/RR is doing a lot of water quality monitoring. No information about that monitoring seems to be available to the public, nor does it appear that MMM/RR is accountable to any external entity regarding the results of that monitoring. If MMM/RR (and future risky industrial operations allowed on I-3) are not accountable to any external entity for thoroughly monitoring and maintaining water quality, it is impossible to conclude that MMM/RR is compatible with surrounding agricultural land uses. 5 COLORADO Department of Public Health Er Environment CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT C0R900OOO STORMWATER ASSOCIATED WITH NON -EXTRACTIVE INDUSTRIAL ACTIVITY Certification Number: C0R901285 This Certification to Discharge specifically authorizes: Rock and Rail LLC to discharge stormwater from the facility identified as Hwy 34 Facility, Loveland to: surface drainage - Big Thompson River Facility Located at: 6433 CR 56 Loveland Weld County, CO80534 Center Point Latitude 40.39623 Longitude -104.93981 Outfalls Latitude Longitude 001 40,3925 -104.94995 All discharges must comply with the lawful requirements of federal agencies municipalities, counties, drainage districts and other local agencies regarding any discharges to storm drain systems, conveyances, or other water courses under their jurisdiction. REQUIRED MONITORING A. VISUAL MONITORING Part 1.1.1 (Quarterly) B. BENCHMARK MONITORING Part LI.2 Sector(s) D1 E2 Subsector Parameter Benchmark Monitoring Concentration Monitoring Frequency Sample Type D1 Total Suspended Solids (TSS) 100 mg/L 00530 Quarterly grab E2 E2 Total Iron 01045 Total Suspended Solids (TSS) 00530 1.0 mg/L 100 mg/L Quarterly grab Quarterly grab C. WATER QUALITY STANDARDS MONITORING Part 1.1.4 Discharges authorized under this permit must be controlled as necessary to meet the applicable water quality standard for potentially dissolved selenium at the point of discharge (end -of pipe). Parameter Units Site -specific Benchmark Values Monitoring Frequency Sample Type Daily Max 30 Day Average Selenium (Potentially Dissolved) 01323 ugh! 18.4 4.6 Quarterly Grab Modified and reissued 3/5/2019 Effective 3/5/2019 Modification 3 updates the name of the facility Modified and reissued: 9/27/2018 Effective: 9/27/2018 Modification 2 transfers permit from Martin Marietta Materials Inc to Rock and Rail LLC Modified and reissued: 3/30/2017 Effective: 3/30/2017 Modification 1 corrects lat long on outfall 001 Originally Issued: 11/12/2015 Effective: 11/12/2015 Expiration Date: This authorization expires upon effective date of the General Permit COR900000 renewal unless otherwise notified by the division. ADMINISTRATIVELY CONTINUED This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. Certification approved by Meg Parish, Unit 1 Manager Permit Section Water Quality Control Division 6 4300 Cherry Creek Drive S.. Denver, CC 50246-1530 P 303-692-2000 www.colorada.govicdphe EXTERNAL PERMIT_ VERSION PERM_FEATURE_ PERM FEATURE_ LIMIT SET DE LUMIT_SET K. LIMIT BEGIN_, LIMIT END_DA ACIM/ITT_ID NMBR NMBR PERM_EEATURE.JD NMBR TYPE_CODE UMITSETID SIGNATOR HUDDLE ID` UMiT_ID . 'DATE TE 3600438425 CO8901285 0 3600069887 001Q 680 3600087643 E2 3600104005 3600783791 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 680 3600087642 D1 3600104004 3600783790 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 680 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600783874 I1/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 OO1Q 680 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 009901285 0 3600069887 001Q EXO 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010. EXO 3600087642 D1 3600104004 3600783790 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 EXO 3600087643 E2 3600104005 3600783791 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 001Q EXO 3600087643 E2 3600104005 3600783791 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 001Q 580 3600087642 D1 3600104004 3600783790 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 680 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 680 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 C0R901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 001Q EX0 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 001Q EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 001Q 680 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 680 3600087642 DI 3600I04004 3600783790 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 001Q 680 3600087643 E2 3600104005 3600783791 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010 EXO 3600087643 E2 3600104005 3600783791 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010 EXO 3600087642 D1 3600104004 3600783790 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010 580 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 001Q 680 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 CO8901285 0 3600069887 001Q EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 001Q EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600104007 3600783874 11/12/2015 6/30/2017 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010. 580 3600087642 D1 3600104004 3600783790 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 EX0 3600087643 E2 3600104005 3600783791 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 001Q 680 3600087643 E2 3600104005 3600783791 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 001Q EXO 3600087642 DI 3600104004 3600783790 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 001Q EXO 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0014 680 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 CO8901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 680 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 880 3600087642 D1 3600204004 3600783790 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 001Q EXO 3600087643 E2 3600104005 3600783791 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 001Q 580 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010 580 3600087643 E2 360O1040O5 3600783791 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 001Q 680 3600087642 D1 3600104004 3600783790 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 EXO 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010. 680 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010. 580 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 001Q 680 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0014 EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 C08901285 0 3600069887 0010 680 3600087643 E2 3600104005 3600783792 11/12/2015 6/30/2017 3600783790 11/12/2015 6/30/2017 3600783791 11/12/2015 6/30/2017 3600438425 008901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600783874 11/12/2015 6/30/2017 3600438425 COR901285 0 3600069887 0010 680 3600087645 A 3600104007 3600438425 008901285 0 3600069887 0010 EXO 3600087643 E2 3600104005 3600438425 008901285 0 3600069887 0010 EXO 3600087642 01 3600104004 3600438425 008901285 0 3600069887 0010 EXO 3600087643 E2 3600104005 3600438425 COR901285 0 3600069887 0010 880 3600087643 E2 3600104005 3600438425 008901285 0 3600069887 0010 EXO 3600087642 01 3600104004 3600438425 COR901285 0 3600069887 0010 EXO 3600087643 E2 3600104005 3600438425 008901285 0 3600069887 0014 EXO 3600087645 A 3600104007 3600438425 COR901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600438425 008901285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600438425 008901285 0 3600069887 001Q EXO 3600087645 A 3600104007 3600438425 008901285 0 3600069887 0010 EXO 3600087643 E2 3600104005 3600438425 COR901285 0 3600069887 0010 EXO 3600087642 D1 3600104004 3600438425 008901285 0 3600069887 0010 EXO 3600087643 E2 3600104005 3600438425 008901285 0 3600069887 001Q EXO 3600087643 E2 3600104005 3600438425 008901285 0 3600069887 0010 EXO 3600087642 01 3600104004 3600438425 008901285 0 3600069887 001Q EXO 3600087643 E2 3600104005 3600438425 008901285 0 3600069887 001Q EXO 3600087645 A 3600104007 3600438425 CO8801285 0 3600069887 0010 EXO 3600087645 A 3600104007 3600438425 COR901285 0 3600069887 0010 680 3600087645 A 3600438425 C08901285 0 3600069887 0010. EXO 3600087643 E2 3600438425 008901285 0 3600069887 0010 680 3600087642 D1 3600I04004 3600438425 COR901285 0 3600069887 001Q 580 3600087643 E2 3600104005 3600783874 11/12/2015 6/30/2017 3600783791 11/12/2015 6/30/2017 3600783790 11/12/2015 6/30/2017 3600783792 11/12/2015 6/30/2017 3600783792 11/12/2015 6/30/2017 3600783790 11/12/2015 6/30/2017 3600783791 11/12/2015 6/30/2017 3600783874 11/12/2015 6/30/2017 3600783874 11/12/2015 6/30/2017 3600783874 11/12/2015 6/30/2017 3600783874 11/12/2015 6/30/2017 3600783791 11/12/2015 6/30/2017 3600783790 11/12/2015 6/30/2017 3600783792 11/12/2015 6/30/2017 3600783792 11/12/2015 6/30/2017 3600783790 11/12/2015 6/30/2017 3600783791 11/12/2015 6/30/2017 3600783874 11/12/2015 6/30/2017 3600783874 11/12/2015 6/30/2017 MONITOR LIMIT _.VA". STATISTIC LIMIT VA ING_LOC UMITVA LIMIT VA :. STANDAR :STANDAR ,LUE_STA STATISTIC AL BASE WE QUA NMBR_OF_SU NMBR_OF_ PARAMETER PARAMETER ATIOAI_C STAY_TYP WE TYPE WE_NMB UM T_LIN LIMIT UN D_UNIT C D_UNIT_ . NDARD_' A,L_BASE_ TYPE_CO LUFIER_CO EMISSION REPORT _CODE _DESC ODE E CODE LIMO' VALUE ID _CODE R : LT CODE IT DISC one DESC UNITS CODE DE DE 3 3 530 Solids, total 51,1 3601194331 C2 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 530 Solids, total se 1 3601194330 C2 100 19 mg/L 19 mg/L 100 CIA AVG <_ 3 3 1045 Iron, total las 1 3601194332 C2 1 19 mg/L 19 mg/L 1 OA AVG <_ 3 3 132.3 Selenium, pot 1 3601194415 C3 18.4 28 ug/L 19 mg/L 0.0184 DD MAX <= 3 3 1323 Selenium, pot 1 3601194414 Cl 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194414 Cl 4.6 28 ug/L 19 mg/L 0.0046 3C AYG <_ 3 3 1323 Selenium, pot 1 360I194415 C3 18.4 28 ug/L 19 mg/L 0.0184 DD MAX <_ 3 3 1045 Iron, total [as 1 3601194332 Cl 1 19 mg/L 19 mg/L 1 CA AVG <= 3 3 530 Solids, total a 1 3601194330 Cl 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 530 SolIds, total CL 1 360!194331 C2 100 19 mg/L 19 mg/L 100 CIA AVG <_ 3 3 530 Solids, total se 1 3601194331 C2 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 530 Solids, total V, 1 3601194330 C2 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 1045 Iron, total las 1 3601194332 C2 1 19 mg/L 19 mg/L 1 QA AVG <= 3 3 1323 Selenium, pot 1 3601194415 C3 18.4 28 ug/L 19 mg/L 0.0184 OD MAX <_ 3 3 1323 Selenium, pot 1 3601194414 C2 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194414 Cl 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194415 C3 18.4 28 ug/L 19 mg/I 0.0184 OD MAX <_ 3 3 1045 Iron, total lac 1 3601194332 C2 1 19 mg/L 19 mg/L 1 QA AVG <= 3 3 530 Solids, total se 1 3601194330 C2 100 19 mg/I 19 mg/L 100 QA AVG <_ 3 3 530 Solids, total se 1 3601194331 Cl 100 19 mg/L 19 mg/L 100 QA AA <_ 3 3 530 Solids, total se 1 3601194331 Cl 100 19 mg/L 19 mg/L 100 0.8 AVG <= 3 3 530 Solids, total s� 1 3601194330 C2 100 19 mg/L 19 mg/L 100 CA AVG <_ 3 3 1045 Iron, total [as 1 3601194332 C2 1 19 mg/L 19 mg/L 1 QA AVG <_ 3 3 1323 Selenium, pot 1 3601194415 C3 18.4 28 ug/L 19 mg/IL 0.0184 DO MAX <_ 3 3 1323 Selenium, pot 1 3601194414 Cl 4.6 28 ug/L 19 mg/L 0.0046 3C AVG Cu 3 3 1323 Selenium, pot 1 3601194414 C2 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194415 Cl 18.4 28 ug/L 19 mg/L 0.0184 DD MAX <_ 3 3 1045 Iron, total as 1 3601194332 C2 1 19 mg/L 19 mg/L 1 QA AVG <_ 3 3 530 Solids, total s[ 1 3601194330 Cl 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 530 Solids, total se 1 3601194331 Cl 100 19 mg/L 19 mg/L 100 QA AVG <= 3 3 1323 Selenium, pot 1 3601194415 Cl 18.4 28 ug/L 19 mg/L 0.0184 OD MAX <_ 3 3 530 Solids, total se 1 3601194331 Cl 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 530 Solids, totals 1 3601194330 Cl 100 19 mg/L 19 mg/L 100 QA AVG <= 3 3 1045 Iron, total las 1 3601194332 C2 1 19 mg/L 19 mg/L 1 QA AVG <_ 3 3 1323 Selenium, pot 1 3601194414 C2 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194414 C2 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1045 Iron, total [as 1 3601194332 Cl 1 19 mg/L 19 mg/L 1 CIA AVG <_ 3 3 530 Solids, total se 1 3601194330 Cl 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 530 Solids, total se 1 3601194331 Cl 100 19 mg/L 19 mg/L 100 QA AVG <e 3 3 1323 Selenium, pot 1 3601194415 C3 18.4 28 ug/L 19 mg/L 0.0184 DO MAX r<_ _ 3 3 530 Solids, total at 1 3601194331 Cl 100 19 mg/L 19 mg I 100 GA 3 3 530 Solids, total se 1 3601194330 C2 100 19 mg/L 19 mg/L 100 CIA AVG AVG <_ 3 3 1045 Iron, total [as 1 3601194332 Cl 1 19 mg/L 19 mg/L 1 QA AVG <_ 3 3 1323 Selenium, pot 1 3601194415 C3 3601194414 Cl18.4 28 ug/L 19 mg/L 0.0184 DO MAX <_ 3 3 1323 Selenium, pot 1 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194414 C2 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194415 C3 18.4 28 ug/L 19 mg/L O.0184 DD MAX <_ 3 3 1045 Iron, total [as 1 3601194332 Cl 1 19 mg/L 19 mg/L 1 QA AVG <= 3 3 530 Solids, total St 1 3601194330 Cl 100 19 mg/L 19 mg/L AVG <_ 3 3 530 Solids, total se 1 3601194331 Cl 100 19 mg/L 100100 QAGA AVG r_ 3 3 1323 Selenium, pot 1 3601194414 Cl 4.6 28 ug/L 1919 mg/Lmg/L 0.0046 3C AVG r_ 3 3 1323 Selenium, pot 1 3601194415 Cl 18.4 28 ug/L 19 mg/L 0.6184 DO MAX <_ 3 3 530 Solids, totals[ 1 3601194331 Cl 100 19 mg/L 19 mg/L 100 OA AVG <_ 3 3 530 5ollds,totalst 1 3601194330 Cl 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 1045 Iron, total [as 1 3601194332 Cl 1 19 mg/L 19 mg/L 1 QA AVG <_ 3 3 1045 Iron, total [as 1 3601194332 C2 1 1 QA AVG <= 3 3 530 Solids, total s[ 1 3601194330 Cl 100 1919 mg/Lmgll 19 mg/L 19 mg/L 100 QA AVG <= 3 3 530 Solids, total se 1 3601.194331 C2 100 19 mg/L 19 mg/L 100 QA AVG <= 3 3 1323 Selenium, pot 1 3601194415 C3 18.4 28 ug/L 19 mg/t.0.0184 DD MAX <= 3 3 1323 Selenium, pot 1 3601194414 Cl 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194414 Cl 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ 3 3 1323 Selenium, pot 1 3601194415 Cl 18.4 28 ug/L 19 mg/L 0.0184 DD MAX <_ 3 3 530 Solids, total se 1 3601194331 C2 100 19 mg/L 19 mg/L 100 OA AVG <_ 3 3 530 Solids, total se 1 3601194330 C2 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 1045 Iron, total las 1. 3601194332 C2 1 19 mg/L 19 mg/L 1 OA AVG <_ 3 3 1045 Iron, total las 1 3601194332 C2 1 19 mg/I 19 mg/L 1 QA AVG <_ 3 3 530 Solids, total se 1 3601194330 C2 100 19 mg/L 19 mg/L 100 QA AVG <_ 3 3 530 Solids, total s[ 1 3601194331 Cl 100 19 mg/L 19 mg/L 100 OA AVG « 3 3 1323 Selenium, pot 1 3601194415 C3 18.4 28 ugh.19 mg/L O.O184 DD MAX <= 3 3 1323 Selenium, pot 1 3601194414 Cl 4.6 28 ug/L 19 mg/L 0.0046 3C AVG <_ OPTIONA UMRTR DMR VAL DMR_VAL L_MONIT LIMIT SA EQ_OF.A STAY VA1 MONITORING DMR_SA DMR_FREQ REPORTED VALUE_T DMR VAL UE_STAN UE_QUAL ORING_FL MPLE_TY NALYSIS UE_NMB UMITTY DMR EVE _PERIOD_END MPLE TY OF_ANALY _EXCURSIO DMR_FORM YPECOD DMR_VAL UE_N_NEB DMR_UN1 DMR_UNI DARD_U IFIER CO AG PE_CODE CODE R PE_CODE NT ID _DATE PE CODE SES_CODE N NMBR VALUE_ID E UEMD R -- ' T CODE T_DE5C NOS. DE N GR Jan -90 ALP 3.61E+09 12/31/2019 3727306877 C2 3.71E+09 N GR Jan -90 ALP 3.61E+09 12/31/2019 3727306670 C2 3.71E+39 N GR Jan -90 ALP 3.61E+09 12/31/2019 3727306883 C2 3.71E+09 N OR Jan -90 ALR 3.61E+09 12/31/2019 3727306551 C3 3.71E+09 N GR Jan -90 ALR 3.61E+09 12/31/2019 3727306548 C2 3.71E+09 N OR Jan -90 ALR 3.61E+09 3/31/2020 3782783405 C2 3,71E+09 N GR Jan -90 AIR 3.61E+09 3/31/2020 3782783444 C3 3.71E+09 N GR Jan -90 ALR 3.61E+09 3/31/2020 3782783860 C2 3.71E+09 N GR Jan -90 ALR 3.61E+09 3/31/2020 3782783678 C2 3.71E+09 N GR Jan -90 ALR 3.61E+09 3/31/2020 3782783843 C2 3.71E+09 N GR Jan -90 ALR 3.61E+09 12/31/2018 N OR Jan -90 ALR 3.61E+09 12/31/2018 N GR Jan -90 AIR 3.61E+09 12/31/2018 N GR Jan -90 AIR 3.61E+09 12/31/2018 N GR Jan -90 ALR 3.61E+09 12/31/2018 N OR Jan -90 ALR 3.61E+09 3/31/2019 N GR Jan -90 ALR 3.61E+09 3/31/2019 N GR Jan -90 AIR 3.61E+09 3/31/2019 N GR Jan -90 ALR 3.61E+09 3/31/2019 N GR Jan -90 ALR 3.61E+09 3/31/2019 N GR Jan -90 ALR 3.61E+09 6/30/2019 N GR Jan -SO ALR 3.61E+09 6/30/2019 N OR Jan -90 ALR 3.61E+09 6/30/2019 N GR Jan -90 ALR 3.61E+09 6/30/2019 N GR Jan -90 ALR 3.61E+09 6/30/2019 N GR Jan -90 ALR 3.61E+09 9/30/2019 N GR Jan -90 ALR 3.61E+09 9/30/2019 N GR Jan -90 ALA 3.61E+09 9/30/2019 N GR Jan -90 AIR 3.61E+09 9/30/2019 N GR Jan -90 ALR 3.61E+09 9/30/2019 N OR Jan -90 ALR 3.6E+09 12/31/2017 N GR Jan -90 AIR 3.6E+09 12/31/2017 N GR Jan -90 ALR 3.6E+09 12/31/2017 N GR Jan -90 ALR 3.6E+09 12/31/2017 N GR Jan -90 ALR 3.6E+09 12/31/2017 N OR Jan -90 ALR 3.6E+09 3/31/2018 N OR Jan -90 ALR 3.6E+09 3/31/2018 N GR Jan -90 ALR 3.6E+09 3/31/2018 N GR Jan -90 ALR 3.6E+09 3/31/2018 N GR Jan -90 ALR 3.6E+09 3/31/2018 N GR Jan -90 ALR 3.6E+09 6/30/2018 N GR Jan -SO ALP 3.6E+09 6/30/2018 N GR Jan -90 AIR 3.6E+09 6/30/2018 N GR Jan -90 ALR 3.6E+09 6/30/2018 N OR Jan -90 ALR 3.6E+09 6/30/2018 N GR Jan -90 ALR 3.6E+09 9/30/2018 N GR Jan -90 ALR 3.6E+09 9/30/2018 N GR Jan -90 ALR 3.6E+09 9/30/2018 N GR Jan -90 ALA 3.6E+09 9/30/2018 N GR Jan -90 ALR 3.6E+09 9/30/2018 N GR Jan -90 ALR 3.6E+09 12/31/2016 N GR Jan -90 ALR 3.6E+09 12/31/2016 N GR Jan -90 ALR 3.6E+09 12/31/2016 N GR Jan -90 ALR 3-6E+09 12/31/2016 N GR Jan -90 ALR 3.6E+09 12/31/2016 N GR Jan -90 ALR 3.6E+09 3/31/2017 N GR Jan -90 ALR 3.6E+09 3/31/2017 N GR Jan -90 ALR 3.6E+09 3/31/2017 N GR Jan -90 ALR 3.6E+09 3/31/2017 N GR Jan -90 ALR 3.6E+09 3/31/2017 N GP Jan -90 ALR 3.6E+09 6/30/2017 N GR Jan -90 ALR 3.6E+09 6/30/2017 N GR Jan -90 ALR 3.6E+09 6/30/2017 N GR Jan -90 AIR 3.6E+09 6/30/2017 N GR Jan -90 ALR 3.6E+09 6/30/2017 N GR Jan -90 ALR 3.6E+09 9/30/2017 N GR Jan -90 ALR 3.6E+09 9/30/2017 N GR Jan -90 ALR 3.6E+09 9/30/2017 N GR Jan -90 ALR 3.6E+09 9/30/2017 N GR Jan -90 ALR 3.6E+09 9/30/2017 3727306745 C2 3.68E+09 3727306623 C2 3.68E+09 3727306763 C2 3.68E+09 3727306447 C3 3.68E+09 3727306443 C2 3.68E+09 3727306457 Cl 3.69E+09 3727306465 C3 3.69E+09 3727306798 C2 3.69E+09 3727306633 C2 3.69E+09 3727306781 C2 3.69E+09 3727306823 C2 3.69E+D9 3727306643 C2 3.69E+09 3727306828 C2 3.69E+09 3727306476 C3 3.69E+09 3727306473 C2 3.69E+09 3727306533 C2 3.7E+09 3727306537 C3 3.7E+09 3727306848 C2 3.7E+09 3727306656 C2 3.7E+09 3727306840 C2 3.7E+09 3649965606 C3 3.65E+09 3649965964 C2 3.65E+09 3649965783 C2 3.65E+09 3649965966 C2 3.65E+09 3649965603 C2 3.65E+09 3649965613 C2 3.66E+09 3649965983 C2 3.66E+09 3649965792 C2 3.66E+09 3649965977 C2 3.66E+09 3649965616 C3 3.66E+09 3649966012 C2 3.67E+09 3649965828 C2 3.67E+09 3649966017 C2 3.67E+09 3649965621 C3 3.67E+09 3649965620 C2 3.67E+09 3649965629 C2 3.68E+09 3649965634 C3 3.68E+09 3649966106 C2 3.68E+09 3649965849 C2 3,68E+09 3649966049 C2 3.68E+09 3627957189 C2 3.63E+09 3627957190 C3 3.63E+09 3627957165 C2 3.63E+09 3627957154 C2 3.63E+09 3627957166 C2 3.63E+09 3627957168 C2 3.64E+09 3627957155 C2 3.64E+09 3627957167 C2 3.64E+09 3627957192 C3 3.64E+09 3627957191 C2 3.64E+09 3627957193 C2 3.64E+09 3627957194 C3 3.64E+09 3627957169 C2 3.64E+09 3627957156 C2 3.64E+09 3627957170 C2 3.64E+09 3649965933 C2 3.65E+09 3649965729 C2 3.65E+09 3649965883 C2 3.65E+09 3649965590 C3 3.65£+09 3649965535 C2 3.65E+09 NPDES VI RNC_DET RNC DET RMC_RES RNC_RES VAWE_RECEIVED EXCEEDENCE OLATION VIOLATION ECTION_C ECTION_ OLUTION OLUTION _DATE DAYS_LATE NODI_CODE _PCT _FD _CODE ODE DATE CODE DATE... 1/28/2020 1/28/2020 1/28/2020 1/28/2020 1/28/2020 4/28/2020 4/28/2020 4/28/2020 4/28/2020 4/28/2020 1/22/2019 1/22/2019 C 1/22/2019 C 1/22/2019 C 1/22/2019 C 4/25/2019 C 4/25/2019 C 4/25/2019 C 4/25/2019 C 4/25/2019 C 7/23/2019 C 7/23/2019 C 7/23/2019 C 7/23/2019 C 7/23/2019 C 10/28/2019 C 10/28/2019 C 10/28/2019 C 10/28/2019 C 10/28/2019 C C C C c C C c C C 1/24/2018 C 1/24/2018 C 1/24/2018 C 1/24/2018 C 1/24/2018 C 4/28/2018 C 4/28/2018 C 4/28/2018 C 4/28/2018 C 4/28/2018 C 7/27/2018 C 7/27/2018 C 7/27/2018 C 7/27/2018 C 7/27/2018 C 10/24/2018 C 10/24/2018 C 10/24/2018 C 10/24/2018 C 10/24/2018 C 1/28/2017 C 1/28/2017 C 1/28/2017 C 1/28/2017 C 1/28/2017 C 4/28/2017 C 4/28/2017 C 4/28/2017 C 4/28/201 C 4/28/2017 C 7/28/2017 C 7/28/2017 C 7/28/2017 C 7/28/2017 C 7/28/2017 C 10/27/2017 C 10/27/2017 C 10/27/2017 C 10/27/2017 C 10/27/2017 C po S ror etwi t'" otisdpAr. INDUSTRIAL STO FACT SHEET SERIES p v Sector Es. glass, Clay, ment, nc te, and GypsumGypsurd,product Manufacturing US. EPA Office of Water Facilities EPA -833-F-06-020 December 2006 What is the NPDES stormwater permitting program for industrial activity? Activities, such as material handling and storage, equipment maintenance and cleaning, industrial processing or other operations that occur at industrial facilities are often exposed to stormwater. The runoff from these areas may discharge pollutants directly into nearby waterbodies or indirectly via storm sewer systems, thereby degrading water quality. In 1990, the U.S. Environmental Protection Agency (EPA) developed permitting regulations under the National Pollutant Discharge Elimination System (NPDES) to control stormwater discharges associated with eleven categories of industrial activity. As a result, NPDES permitting authorities, which may be either EPA or a state environmental agency, issue stormwater permits to control runoff from these industrial facilities. What types of industrial facilities are required to obtain permit coverage? This fact sheet discusses stormwater discharges from glass, clay, cement, concrete, and gypsum product manufacturing facilities as described by Standard Industrial Classification (SIC) Major Group 32. Facilities and products in this group fall under the following categories, all of which require coverage under an industrial stormwater permit: • Flat glass (SIC 3211) • Glass containers (SIC 3221) • Pressed and blown glass, not elsewhere classified (SIC 3229) • Hydraulic cement (SIC 3241) • Brick and structural clay tile (SIC 3251) • Ceramic wall and floor tile (SIC 3253) • Clay refractories (SIC 3255) • Structural clay products, not elsewhere classified (SIC 3259) • Vitreous china plumbing fixtures and china and earthenware fittings (SIC 3261) • Vitreous table and kitchen articles (SIC 3262) • Fine earthenware (whiteware) table and kitchen articles (SIC 3263) • Porcelain electrical supplies (SIC 3264) • Pottery products, not elsewhere classified (SIC 3269) • Concrete block and brick (SIC 3271) • Concrete products, except block and brick (SIC 3272) • Ready -mix concrete (SIC 3273) • Gypsum products (SIC 3275) • Minerals and earths, ground or otherwise treated (SIC 3295) • Non -clay refractories (SIC 3297) i INDUSTRIAL STORMWATER FACT SHEET SERIES Sector E; Glass, Clay, Cenient Concrete, and Gypsum Product Manufacturing Facilities What does an industrial stormwater permit require? Common requirements for coverage under an industrial stormwater permit include development of a written stormwater pollution prevention plan (SWPPP), implementation of control measures, and submittal of a request for permit coverage, usually referred to as the Notice of Intent or NO'. The SWPPP is a written assessment of potential sources of pollutants in stormwater runoff and control measures that will be implemented at your facility to minimize the discharge of these pollutants in runoff from the site. These control measures include site -specific best management practices (BMPs), maintenance plans, inspections, employee training, and reporting. The procedures detailed in the SWPPP must be implemented by the facility and updated as necessary, with a copy of the SWPPP kept on -site. The industrial stormwater permit also requires collection of visual, analytical, and/or compliance monitoring data to determine the effectiveness of implemented BMPs. For more information on EPA's industrial stormwater permit and links to State stormwater permits, go to www.epa.gov/npdes/stormwater and click on "Industrial Activity." What pollutants are associated with my facility's activities? Pollutants conveyed in stormwater discharges from facilities involved with the manufacturing of glass, clay, cement, concrete, and gypsum product will vary. There are a number of factors that influence to what extent industrial activities and significant materials can affect water quality. • Geographic location • Topography • Hydrogeology • Extent of impervious surfaces (e.g.,, concrete or asphalt) • Type of ground cover (e.g., vegetation, crushed stone, or dirt) • Outdoor activities (e.g., material storage, loading/unloading, vehicle maintenance) • Size of the operation • Type, duration, and intensity of precipitation events The activities, pollutant sources, and pollutants detailed in Table 1 are commonly found at glass, clay, cement, concrete, and gypsum product manufacturing facilities. Table 1. Common Activities, Pollutant Sources, and Associated Pollutants at Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities Activity j Pollutant Source I Pollutant Glass Manufacturing Storage of materials Exposed or spilled sand, soda ash, limestone, cullet, and petroleum products Total suspended solids (TSS), chemical oxygen demand (COD), oil and grease (O&G), pH, lead Clay Product Manufacturing Storage of materials Exposed ceramic parts, pryophvllite ore, shale, ball day, fire clay, kaolin, tile, silica, graphite, coke, coal, brick, sawdust waste oil, and used solvents TSS, COD, O&G, pH, lead, alurniilum, zinc Material handling, including loading/ unloading Exposed ceramic parts, liquid chemicals, ammonia, waste oil, used solvents, piyophyllite ore, shale, ball clay, fire clay, kaolin, tile, alumina, silica, graphite, coke, coal, divine, magnesite magnesium carbonate, brick, sawdust, and wooden pallets TSS, COD, BOD, TKPJ, O&G, pH, lead, aluminum, zinc Forming/drying clay products Clay, shale, slag, cement, and lime TSS, pH EPA -S33 -F-06-020 2 INDUSTRIAL STURMWATlaR FACT SHEET SERIES Sector E: Glass, clay Cement, Concrete, and Gypsum Product Manufacturing Facilities Table 1. Common Activities, Pollutant Sources, and Associated Pollutants at Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities (continued) Activity [Pollutant Source I Pollutant . : . Cement Manufacturing Storage of materials Exposed kiln dust, limestone, shale, coal, clinker, gypsum, day, slag, and sand TSS, pH, COD, potassium, sulfate Material handling Exposed kiln dust, limestone, shale, coal, clinker, gypsum, clay, slag, anhydrite, and sand TSS, pH, COD, potassium, sulfate, O&G Crushing/grinding Settled dust and ground limestone, cement, oyster shell, chalk, and clinker TSS, pH Concrete Product Manufacturing Storage of materials Exposed aggregate (sand and gravel), concrete, shale, clay, limestone, slate, slag, and pumice TSS, COD, pH Material handling Exposed aggregate, concrete, shale, clay, limestone, slate, slag, and pumice as well as spills or leaks of cement, fly ash, admixtures and baghouse settled dust TSS, COD, pH, lead, iron, zinc Mixing concrete Spilled aggregate, cement, and admixture TSS, pH, COD, lead, iron, zinc Casting/forming concrete products Concrete, aggregate, form release agents, reinforcing steel, latex sealants, and bitumastic coatings TSS, pH, O&G, COD, BOD Vehicle and equipment washing Residual aggregate, concrete, admixture, O&G in washwater TSS, pH, COD, O&G Gypsum Manufacturing Storage of materials Exposed gypsum rock, synthetic gypsum, recycled gypsum and wallboard, stucco, perlite ore/expanded perlite, and coal TSS, COD, pH Material handling Exposed or spilled gypsum rock, synthetic gypsum, recycled gypsum and wallboard, stucco, perlite ore/expanded perlite, and coal TSS, pH, COD Crushing/grinding of gypsum rock Exposed or spilled gypsum rock and dust TSS, pH All Facilities Equipment/vehicle maintenance Leaks or spills of gasoline, diesel, fuel, and fuel oil O&G, BOD, COD Parts cleaning COD, BOD, O&G, pH Waste disposal of solvents, oily rags, oil and gas filters, batteries, coolants, and degreasers O&G, lead, iron, zinc, aluminum, COD, pH Fluid replacement including lubricating fluids, hydraulic fluid, oil transmission fluid, radiator fluids, solvents, and grease 0&G, arsenic, lead, cadmium, chromium, COD, benzene Vehicle fueling Gas/diesel fuel, fuel additives What BMPs can be used to minimize contact between stormwater and potential pollutants at my facility? A variety of BMP options may be applicable to eliminate or minimize the presence of pollutants in stormwater discharges from glass, clay, cement, concrete, and gypsum product manufacturing facilities. You will likely need to implement a combination or suite of BMPs to address stormwater runoff at your facility. Your first consideration should be for pollution prevention BMPs, which are designed to prevent or minimize pollutants from entering stormwater runoff and/or reduce the volume of stormwater requiring management. Prevention BMPs can include regular cleanup, EPA -X33 -F-06-020 3 INDUSTRIAL STORMWATER FACT SHEET SERIES Sector E: Glass, Clay, Cement; Concrete, and Gypsum Product Manufacturing Facilities collection and containment of debris in storage areas, and other housekeeping practices, spill control, and employee training. It may also be necessary to implement treatment BMPs, which are engineered structures intended to treat stormwater runoff and/or mitigate the effects of increased stormwater runoff peak rate, volume, and velocity. Treatment BMPs are generally more expensive to install and maintain and include oil -water separators, wet ponds, and proprietary filter devices. Pavement Washwaters A primary source of pollutants in the stormwater discharges from glass, clay, cement, concrete, and gypsum product manufacturing facilities are spilled materials or settled dust from material handling processes. As these materials have the potential for being conveyed in pavement washwater, a primary focus of the pollution prevention plan requirements for these facilities are good housekeeping measures, in particular, sweeping the paved portions of the site surrounding the material handling areas. When mixed with stormwater, pavement washwaters are authorized under an industrial stormwater permit. However, the accumulated fly ash, cement, aggregate, kiln dust, clay, concrete, or other dry significant materials handled at the facility must be removed in a dry form from the pavement by measures such as sweeping or vacuuming. Washing the paved areas without first removing the accumulated solids may result in the discharge of these pollutants in the washwater unless it is contained on -site or otherwise collected without discharge. Washwaters may be collected into a BMP designed to remove solids prior to discharge, such as sediments basins, retention basins, and other equivalent measures. Where possible, pavement washwater shall be directed to process wastewater treatment or recycling systems. A number of facilities in the concrete products industry maintain washwater recycle/retention ponds which receive the process wastewater from equipment cleaning and other operations. There ponds may also receive a portion or all of the runoff from the industrial site. These facilities are required to provide an estimate of the depth of the 24 -hour duration storm event that would cause the recycle/ retention pond to overflow and discharge to receiving waters. Methods to make this estimate can include, but are not limited to, the original design calculations for the recycle/retention pond or historical observation, BMPs must be selected and implemented to address the following: Good Housekeeping Practices Good housekeeping is a practical, cost-effective way to maintain a clean and orderly facility to prevent potential pollution sources from coming into contact with stormwater. It includes establishing protocols to reduce the possibility of mishandling materials or equipment and training employees in good housekeeping techniques. Common areas where good housekeeping practices should be followed include trash containers and adjacent areas, material storage areas, vehicle and equipment maintenance areas, and loading docks. Good housekeeping practices must include a schedule for regular pickup and disposal of garbage and waste materials and routine inspections of drums, tanks, and containers for leaks and structural conditions. Practices also include containing and covering garbage, waste materials, and debris. Involving employees in routine monitoring of housekeeping practices has proven to be an effective means of ensuring the continued implementation of these measures. Specific good housekeeping practices for glass, clay, cement, concrete, and gypsum product manufacturing facilities include: • Preventing or minimizing the discharge of spilled cement; aggregate (including sand or gravel); kiln dust; fly ash; settled dust; or other significant material in stormwater from paved portions of the site that are exposed to precipitation. • Using regular sweeping or other equivalent measures to minimize the presence of these materials. EPA -033-F-06-020 4 INDUSTRIAL STORMWArER FACT SHEET SERIES Sector E: Glass Clay, Cement. Concrete, and Gypsum Product Manufacturing facilities • Preventing the exposure of fine granular solids (cement, fly ash, kiln dust, etc.) to stormwater where practicable, by storing these materials in enclosed silos/hoppers, buildings, or under other covering. Minimizing Exposure Where feasible, minimizing exposure of potential pollutant sources to precipitation is an important control option. Minimizing exposure prevents pollutants, including debris, from coming into contact with precipitation and can reduce the need for BMPs to treat contaminated stormwater runoff. It can also prevent debris from being picked up by stormwater and carried into drains and surface waters. Examples of BMPs for exposure minimization include covering materials or activities with temporary structures (e.g., tarps) when wet weather is expected or moving materials or activities to existing or new permanent structures (e.g., buildings, silos, sheds). Even the simple practice of keeping a dumpster lid closed can be a very effective pollution prevention measure. Erosion and Sediment Control BMPs must be selected and implemented to limit erosion on areas of your site that, due to topography, activities, soils, cover, materials, or other factors are likely to experience erosion. Erosion control BMPs such as seeding, mulching, and sodding prevent soil from becoming dislodged and should be considered first. Sediment control BMPs such as silt fences, sediment ponds, and stabilized entrances trap sediment after it has eroded. Sediment control BMPs should be used to back-up erosion control BMPs. Management of Runoff Your SWPPP must contain a narrative evaluation of the appropriateness of stormwater management practices that divert, infiltrate, reuse, or otherwise manage stormwater runoff so as to reduce the discharge of pollutants. Appropriate measures are highly site -specific, but may include, among others, vegetative swales, collection and reuse of stormwater, inlet controls, snow management, infiltration devices, and wet retention measures. A combination of preventive and treatment BMPs will yield the most effective stormwater management for minimizing the offsite discharge of pollutants via stormwater runoff. Though not specifically outlined in this fact sheet, BMPs must also address preventive maintenance records or logbooks, regular facility inspections, spill prevention and response, and employee training. All BMPs require regular maintenance to function as intended. Some management measures have simple maintenance requirements, others are quite involved. You must regularly inspect all BMPs to ensure they are operating properly, including during runoff events. As soon as a problem is found, action to resolve it should be initiated immediately. Implement BMPs, such as those listed below in Table 2 for the control of pollutants at glass, clay, cement, concrete, and gypsum product manufacturing facilities, to minimize and prevent the discharge of pollutants in stormwater. identifying weaknesses in current facility practices will aid the permittee in determining appropriate BMPs that will achieve a reduction in pollutant loadings. BMPs listed in Table 2 are broadly applicable to glass, clay, cement, concrete, and gypsum product manufacturing facilities; however, this is not a complete list and you are recommended to consult with regulatory agencies or a stormwater engineer/consultant to identify appropriate BMPs for your facility. EPA -t23 -F-06-020 5 iND1JhiRIAL SIOR1\i. "lr 1f i R. FA(..:f Si !t.f l St F'.if', Table 2. BMPS for Potential Pollutant Sources of Glass, Clay, Cement, Concre₹e, and Gypsum Product Manufacturing Facilities Pollutant Sources i SRMMPs `olFig dry bulk J Stcre h'aterialk In an. rnrlrr,ec! ; la or h,;a:ari t. r'nt rl.3.1 inClLi h J Ci rribt day, ,i i I J ''-lT Fri t, It!J :4h,'{iln J Lonflrc uto d 'u i , and d i t` r J _. rcr.t r. •.1i1`.�lyti �Irt,i 5 a n ' Ir.li,;E� : c;,, a :Id C- )- Clu_r, and gypsum ..tt r<il, o cra, ;;r . phalt parr`,; to I'.IT'II liil !-t'Ii ,'I"I r:l a.ta Ililrr+if. J 1 ,s:vll .1-' • •1l?= :a)i v' t: ar Only ',tore -..a:,I,e;l sand and c:ra,,el r)r.rtclpor5., i I +!lir3:l l ilk r`). lE I_!51 d Irth sand (g 1Y _l clay, reliant, `''y .1). riuST, and gypsum J LA' q-, r en. Child asa ri: ,_rl �. t; �el'JIrI 7 > El�rar?•'i-�, J : io:itprli <II; C> r. n` vv<..; r Ieater idl:,''riir: churl icll('<toll t,y,tern; ,and orler J r .::((cave Sl,il cal I, ,_rrn :7.,ri ;e?tlt-l. +..,. trl�ln p.�:�f,c� [�o:;' �i,_: ul an F. J P n_> tically cle:11I In„'.er J r,• dnisrV5(r: vin/dr)rerislOL;:. J ;r':I t,ilai:to r,re.riitintis J Use dull ruilrr:tlon sy5;f`ran •r q h �c : it<: t.liet t zriruur'i!? iii .a I r --rd,anq nnerr;rnr;. J splll d ',1:1 r•:. i,:l' .::r lri•; ;I�IS.._<,ueda 7 r -quIai J Irl still 's ,SIC'.[ int f7 strn i, '.:I, ',-rl r. tel: ,r., _ 'll_ -r r_)l5, t:ii r''':cr edi, i.- I ovaI PLI_' collectlo, [ Fuming ng arc; (tail-:] `nt,liicic fur'lilio J Tau: Ho,.t l7ir ., ,! II ;,rr :,° I :r, i Jactle b -r Cll:n��..... !=r1e-Julaly o: pfeciplt[rtic1 ( ill ,-1O11 caul, Pt ( ttit rr, 1 !I 't5 I1 .1 l.n.,Prpn! Cla.. -115 :rl : f!! -sic 131( Ci rev J rin(t,.�L, riirilf '! .,: ( 21E-�I'<. '�L.�_I'. 'r tll:' ..i ;)t 'U(: 'I..r+1 r)is'3 ._ r::, ,i, t, :rl-r-.t,' r I p :, ,rrr ..r >.I;,I: r i,_,�„il ` .,III ii E! c'rt+ills : tl ur1 . an Ilr'ca,ert'.! �i'�: ::u;u..f `I.LIilnc icr..i'i;rr°�;: I r.r ; ,•tr I ,:r.l 10sp!i-alt iv J Use drip pass ca --rare leas:, cur spills or lire, ne i JC... „`.CI It l anc: I L4( :u;e! g'I'ott ::I :. C'lL ;11'•. _':'.[r ;ne trl: 'i: a-tJiler , INDUS I UAL 510 FMWArEIL FACT SHEET SERIES Sector E: Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities Table 2. BMPS for Potential Pollutant Sources at Glass, Clay, Cement Concrete, and Gypsum Product Manufacturing Facilities (continued) Pollutant Sources BMPs Vehicle fueling : (continued) J Use spill and overflow protection devices. J Keep spill cleanup materials readily available. Clean up spills and leaks immediately. J Minimize/eliminate run-on into fueling areas with diversion dikes, berms, curbing, surface grading or other equivalent measures. J Collect stormwater runoff and provide treatment or recycling, J Use dry cleanup methods for fuel area rather than hosing down the fuel area. Follow procedures for sweeping up absorbents as soon as spilled substances have been absorbed. Provide curbing or posts around fuel pumps to prevent collisions from vehicles. J Discourage "topping off" of fuel tanks. 0 Regularly inspect and perform preventive maintenance on fuel storage tanks to detect potential leaks before they occur. J Inspect the fueling area for leaks and spills. J Train personnel on vehicle fueling BMPs. Vehide and equipment washing Good Housekeeping J Confine vehicle and equipment washing to designated areas outside of drainage pathways. away from surface waters and that drain to recycle ponds or process wastewater treatment systems. O Clean washwater residue from portions of the site that drain offsite. J Train employees on proper procedure for washing vehicles and equipment including a discussion of the appropriate location for vehicle washing. Vehicle and equipment maintenance Good Housekeeping Eliminate floor drains that are connected to the storm or sanitary sewer; if necessary,install a sump tliat is pumped regularly. Collected wastes should be properly treated or disposed of by a licensed waste hauler. Do all cleaning at a centralized station so the solvents stay in one area. J If parts are dipped in liquid, remove them slowly to avoid spills. J Use drip pans, drain boards, and drying tacks to direct drips back into a fluid holding tank for reuse. J Drain all parts of fluids prior to disposal. Oil filters can be crushed and recycled. J Promptly transfer used fluids to the proper container; do not leave full drip pans or other open containers around the shop. Empty and clean drip pans and containers. J Clean up leaks, drips. and other spills without using large amounts of water. Use absorbents for dry cleanup whenever possible. J Prohibit the practice of hosing down an area where the practice would result in the discharge of pollutants to a stormwater system. J Do not pour liquid waste into floor drains, sinks, outdoor storm drain inlets, or other storm drains or sewer connections. J Maintain an organized inventory of materials. J Eliminate or reduce the number and amount of hazardous materials and waste by substituting nonhazardous or less hazardous materials. J Label and track the recycling of waste material (e.g., used oil, spent solvents, batteries). EPA -833-F-06-020 7 INDUSTRIAL STORMWATER FACT SHEET SERIES Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities Table 2. BMPS for Potential Pollutant Sources at Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities (continued) Pollutant Sources .BMPs Vehlde and" Good Housekeeping (continued) equipment- . maintenance > Store batteries and other significant materials indoors. g (continued) 3 Dispose of greasy rags, oil filters, air filters, batteries, spent coolant, and degreasers in compliance with RCRA regulations. Minimizing Exposure 3 Perform all deaning operations indoors or under covering when possible. Conduct the cleaning operations in an area with a concrete floor with no floor drainage other than to sanitary sewers or treatment facilities. 3 if operations are uncovered, perform them on concrete pad that is impervious and contained. 3 Park vehicles and equipment indoors or under a roof whenever possible and maintain proper control of oil leaks/spills. 3 Check vehicles closely for leaks and use pans to collect fluid when leaks occur. Management of Runoff 3 Use berms, curbs, grassed swales or othe, diversion measures to ensure that stormwater runoff from other parts of the facility does not flow over the maintenance area. Collect the storrnwater runoff from the cleaning area and provide treatment or recycling. Discharge vehicle wash or rinse water to the sanitary sewer (if allowed by sewer authority), wastewater treatment, a land application site, or recycle on -site. DO NOT discharge washwater to a storm drain or surface water. Inspections and Training 7 Inspect the maintenance area regularly to ensure BMPs are implemented 3 Train employees on proper waste control and disposal procedures. What if activities and materials at my facility are not exposed to precipitation? The industrial stormwater program requires permit coverage for a number of specified types of industrial activities. However, when a facility is able to prevent the exposure of ALL relevant activities and materials to precipitation, it may be eligible to claim no exposure and qualify for a waiver from permit coverage. If you are regulated under the industrial permitting program, you must either obtain permit coverage or submit a no exposure certification form, if available. Check with your permitting authority for additional information as not every permitting authority program provides no exposure exemptions. Where do ► get more information? For additional information on the industrial stormwater program see www.epa.govinpdes/stormwaterhinsgp. A list of names and telephone numbers for each EPA Region or state NPDES permitting authority can be found at www.epa.gov/npdes/stormwatercontacts. EPA -833-F-06-020 8 INDUSTRIAL STORMWATER FACT SHEET SERIES Sector E: Glass, Clay Cement. Concrete, and Gypsum Product Manufacturing Facilities References Information contained in this Fact Sheet was compiled from EPA's past and current Multi -Sector General Permits and from the following sources: • City of Phoenix, Street Transportation Department, Storm Water Management Section. 2004. Prevent Stormwater Contamination Best Management Practices for: Section E - Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturers. SIC Codes: 3210-3299." http://phoenix.gov/STREETS/glasday.pdf • Orange County, California, Watershed & Coastal Resources Division. "Concrete and Asphalt Production, Application, and Cutting." www.ocwatersheds.com/StormWater/documents_bmp_existing_development.asp#ind • USEPA. Stormwater Management for Industrial Activities; Developing Pollution Prevention Plans and Best Management Practices. 1992. EPA 832-R-92-006. www.epa.gov/npdeststormwater • USEPA, Office of Compliance and Office of Enforcement and Compliance Assurance. 1995. EPA Office of Compliance Sector Notebook Project: Profile of the Stone, Clay, Glass, and Concrete Industry. EPA -310-R-95-017. www.epa.gov/compliance/resources/publications/assistance/sectors/notebooks/stone.html • USEPA, Office of Science and Technology. 1999. Preliminary Data Summary of Urban Stormwater Best Management Practices. EPA -821-R-99-012. www.epa.gov/OST/stormwater/ • USEPA, Office of Wastewater Management. NPDES Stormwater Multi -Sector General Permit for Industrial Activities (MSGP). www.epa.gov/npdes/stormwater/msgp • World Bank Group. "Pollution Prevention and Abatement Handbook: Cement Manufacturing." www.ifc.org/ifcext/sustainability.nsf/AttachmentsByTitie/gui_EHSGuidelines2007_ CementandLimeMfg/$FILE/Final+-+Cement+and+Lime+Manufacturing.pdf • World Bank Group. "Pollution Prevention and Abatement Handbook: Glass Manufacturing." www ifc.org/ifcext/sustainability.nsf/AttachmentsByTitle/gui_EHSGuidelines2007_ GlassMfg/$FILE/Final+-+Glass+Manufacturing.pdf EPA -833-F-06-020 9 INDUSTRIAL STO FACT SHEET SERIES ♦ Sector II: Asphalt Pawing and .Roofing°Mater€als Manufacturers and Lubrint U.S. EPA Office of water anufa> f`fr5 EPA -833-F-06-019 December 2006 What is the NPDES stormwater permitting program for industrial activity? Activities, such as material handling and storage, equipment maintenance and cleaning, industrial processing or other operations that occur at industrial facilities are often exposed to stormwater. The runoff from these areas may discharge pollutants directly into nearby waterbodies or indirectly via storm sewer systems, thereby degrading water quality. In 1990, the U.S. Environmental Protection Agency (EPA) developed permitting regulations under the National Pollutant Discharge Elimination System (NPDES) to control stormwater discharges associated with eleven categories of industrial activity. As a result, NPDES permitting authorities, which may be either EPA or a state environmental agency, issue stormwater permits to control runoff from these industrial facilities. What types of industrial facilities are required to obtain permit coverage? This fact sheet discusses stormwater discharges from asphalt paving and roofing materials manufacturers and lubricant manufacturers as described by Standard Industrial Classification (SIC) Major Group 29. Only facilities that perform the following operations require coverage under an industrial stormwater permit: • Asphalt paving mixtures and blocks (SIC 2951) • Asphalt felts and coatings (SIC 2952) ♦ Lubricating oils and lubricating oils and greases (SIC 2992) • Products of petroleum and coal not elsewhere classified (SIC 2999) Not discussed in this fact sheet are renderers of fats and oils (see Fact Sheet U (EPA -833-F-06-036) for food and kindred products), oil recycling facilities (see Fact Sheet N (EPA -833-F-06-029) for scrap recycling facilities), or petroleum refining facilities. What does an industrial stormwater permit require? Common requirements for coverage under an industrial stormwater permit include development of a written stormwater pollution prevention plan (SWPPP), implementation of control measures, and submittal of a request for permit coverage, usually referred to as the Notice of Intent or NOI. The SWPPP is a written assessment of potential sources of pollutants in stormwater runoff and control measures that will be implemented at your facility to minimize the discharge of these pollutants in runoff from the site. These control measures include site -specific best management practices (BMPs), maintenance plans, inspections, employee training, and reporting. The procedures detailed in the SWPPP must be implemented by the facility and updated as necessary, with a copy of the SWPPP kept on -site. The industrial stormwater permit also requires collection of visual, analytical, and/or compliance monitoring data to determine the effectiveness of implemented BMPs. For more information on EPA's industrial stormwater permit and links to State stormwater permits, go to www.epa.gov/npdes/stormwater and click on "Industrial Activity." 9 INDUSTRIAL STORMWATER FACT SHEET SERIES Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers What pollutants are associated with activities at my facility? Pollutants conveyed in stormwater discharges from facilities involved with the manufacturing of asphalt, roofing materials, and lubricants will vary. There are a number of factors that influence to what extent industrial activities and significant materials can affect water quality. • Geographic location • Topography • Hydrogeology • Extent of impervious surfaces (e.g., concrete or asphalt) • Type of ground cover (e.g., vegetation, crushed stone, or dirt) • Outdoor activities (e.g., material storage, loading/unloading, vehicle maintenance) • Size of the operation • Type, duration, and intensity of precipitation events The activities, pollutant sources, and pollutants detailed in Table 1 are commonly found at asphalt paving and roofing materials manufacturers and lubricant manufacturing facilities. Table 1. Common Activities, Pollutant Sources, and Associated Pollutants at Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturing Facilities Activity . 1 .Pollutant Source I Pollutant Asphalt Paving and Roofing Materials • Outdoor stockpiling of materials Exposure of aggregate (sand, stone, limestone, gravel, etc.) to precipitation Total suspended solids TSS), total dissolved solids (TDS) biochemical oxygen demand (SODS), chemical oxygen demand (COD), oil and grease (O&G), benzene, methylene blue active substances (MBAS), metals, pH Storage of materials in above -ground tanks Leakage from tanks TSS, TDS, BOOS, COD, O&G, benzene, MBAS, metals, pH Transport of materials by a conveyor or front-end loader Exposed materials and potential spills T55, TDS, BOD5, COD, O&G, benzene, MBAS, metals, pH Lubricating Oils and Greases t Storage of raw materials Spills and leaks of materials from tank farms or 55 -gallon drums Petroleum or synthetic -based stocks and various additives, O&G, pH Vehide and equipment maintenance Parts cleaning, waste disposal of rags, oil filters, air filters, batteries, hydraulic fluids, transmission fluids, brake fluids, coolants, lubricants, degreasers, spent solvents Gas/diesel fuel, fuel additives, oil/lubricants, heavy metals, brake fluids, transmission fluids, chlorinated solvents, arsenic Vehide and equipment fueling Spills and leaks during fuel transfer, spills due to "topping off" tanks, runoff from fueling areas, washdown of fueling areas, leaking storage tanks, spills of oils, brake fluids, transmission fluids, Gas/diesel fuel, fuel additives. uil, lubricants, heavy metals What BMPs can be used to minimize contact between stormwater and potential pollutants at my facility? A variety of BMP options may be applicable to eliminate or minimize the presence of pollutants in stormwater discharges from asphalt paving and roofing materials manufacturers and lubricant manufacturing facilities. You will likely need to implement a combination or suite of BMPs to address stormwater runoff at your facility. Your first consideration should be for pollution prevention BMPs, EPA -E33 -F-06-019 2 INDUSTRIAL STORMWArER FACT SHEET SERIES Sector D: Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers which are designed to prevent or minimize pollutants from entering stormwater runoff and/or reduce the volume of stormwater requiring management. Prevention BMPs can include regular cleanup, collection and containment of debris in storage areas, and other housekeeping practices, spill control, and employee training. It may also be necessary to implement treatment BMPs, which are engineered structures intended to treat stormwater runoff and/or mitigate the effects of increased stormwater runoff peak rate, volume, and velocity. Treatment BMPs are generally more expensive to install and maintain and include oil -water separators, wet ponds, and proprietary filter devices. BMPs must be selected and implemented to address the following: Good Housekeeping Practices Good housekeeping is a practical, cost-effective way to maintain a clean and orderly facility to prevent potential pollution sources from coming into contact with stormwater. It includes establishing proto- cols to reduce the possibility of mishandling materials or equipment and training employees in good housekeeping techniques. Common areas where good housekeeping practices should be followed in- clude trash containers and adjacent areas, material storage areas, vehicle and equipment maintenance areas, and loading docks. Good housekeeping practices must include a schedule for regular pickup and disposal of garbage and waste materials and routine inspections of drums, tanks, and containers for leaks and structural conditions. Practices also include containing and covering garbage, waste materi- als, and debris. Involving employees in routine monitoring of housekeeping practices has proven to be an effective means of ensuring the continued implementation of these measures. Minimizing Exposure Where feasible, minimizing exposure of potential pollutant sources to precipitation is an important control option. Minimizing exposure prevents pollutants, including debris, from coming into contact with precipitation and can reduce the need for BMPs to treat contaminated stormwater runoff. It can also prevent debris from being picked up by stormwater and carried into drains and surface waters. Examples of BMPs for exposure minimization include covering materials or activities with temporary structures (e.g., tarps) when wet weather is expected or moving materials or activities to existing or new permanent structures (e.g., buildings, silos, sheds). Even the simple practice of keeping a dumpster lid closed can be a very effective pollution prevention measure. Erosion and Sediment Control BMPs must be selected and implemented to limit erosion on areas of your site that, due to topography, activities, soils, cover, materials, or other factors are likely to experience erosion. Erosion control BMPs such as seeding, mulching, and sodding prevent soil from becoming dislodged and should be considered first. Sediment control BMPs such as silt fences, sediment ponds, and stabilized entrances trap sediment after it has eroded. Sediment control BMPs should be used to back-up erosion control BMPs. Management of Runoff Your SWPPP must contain a narrative evaluation of the appropriateness of stormwater management practices that divert, infiltrate, reuse, or otherwise manage stormwater runoff so as to reduce the discharge of pollutants. Appropriate measures are highly site -specific, but may include, among others, vegetative swales, collection and reuse of stormwater, inlet controls, snow management, infiltration devices, and wet retention measures. A combination of preventive and treatment BMPs will yield the most effective stormwater management for minimizing the offsite discharge of pollutants via stormwater runoff. Though not specifically outlined in this fact sheet, BMPs must also address preventive maintenance records or logbooks, regular facility inspections, spill prevention and response, and employee training. EPA -833-F-06-019 3 INDUSTRIAL STORMWATER FACT SHEET SERIES Sector D: Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufac₹carers All BMPs require regular maintenance to function as intended. Some management measures have simple maintenance requirements, others are quite involved. You must regularly inspect all SMPs to ensure they are operating properly, including during runoff events. As soon as a problem is found, action to resolve it should be initiated immediately. Implement BMPs, such as those listed below in Table 2 for the control of pollutants at asphalt paving and roofing materials manufacturers and lubricant manufacturing facilities, to minimize and prevent the discharge of pollutants in stormwater. Identifying weaknesses in current facility practices will aid the permittee in determining appropriate BMPs that will achieve a reduction in pollutant loadings. BMPs listed in Table 2 are broadly applicable to asphalt paving and roofing materials manufacturers and lubricant manufacturing facilities; however, this is not a complete list and you are recommended to consult with regulatory agencies or a stormwater engineer/consultant to identify appropriate BMPs for your facility. Table 2. BMPs for Potential Pollutant Sources at Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturing Facilities Pollutant Source BMPs Material storage, ❑ Cover material storage and handling areas with an awning, tarp, or roof. .handling; and-, - processing ❑ Confine storage to designated and labeled areas outside of drainage pathways and away from surface waters Practice good stockpiling practices such as storing materials on concrete or asphalt pads; surrounding stockpiles with diversion dikes or curbs; and revegetating areas used for stockpiling in order to slow runoff. ❑ Use curbing, diking, or channelization around material storage, handling and processing areas to divert run-on around areas where it ran come into contact with material stored or spilled on the ground. ❑ Utilize secondary containment measures such as dikes or berms around asphalt storage tanks and fuel oil tanks. ❑ Use dust collection systems (i.e., baghouses) to collect airborne particles generated as a result of material handling operations or aggregate drying. Promptly dispose of waste materials from dust collection systems and other operations. U Remove spilled material and dust from paved portions of the facility by shoveling and sweeping on a regular basis. ❑ Utilize catch basins to collect potentially contaminated stormwater. Develop and implement spill prevention plans to prevent contact ot runoff with spills of significant materials. Clean material handling equipment and vehicles to remove accumulated dust and residue on a regular basis. 11 Use a detention pond or sedimentation basin to reduce suspended solids. Use an oil/water separator to reduce the discharge of oiVgrease. LI Maintain up-to-date material inventory. © Maintain dry, clean floors and ground surfaces. O Train employees in good housekeeping, spill prevention and control, and materials management procedures. EPA -833 -F -06-0T9 4 INDUSTRIAL S-TCJRMWATER FACE" SHLET SERIES Sector D: Asphalt Paving and Roaring J14ateriais Manufacturers and Lubricant Manufacturer! Table 2. BMPs for Potential Pollutant Sources at Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturing Facilities (continued) Pollutant Source BMPs Storage of ❑ If area is uncovered, connect sump outlet to sanitary sewer (if possible) or an oil/water Petroleum, synthetic- separator, catch basin filter, etc. If connecting to a sanitary sewer check with the system based stocks and operator to ensure that the discharge is acceptable. If implementing separator or filter additives technologies ensure that regular inspections and maintenance procedures are in place. 0 Develop and implement spill plans. ❑ Train employees in spill prevention and control. Above ground tanks Provide secondary containment, such as dikes, with a height sufficient to contain a spill (the greater of 10 percent of the total enclosed tank volume or 110 percent of the volume contained in the largest tank). ❑ If containment structures have drains, ensure that the drains have valves, and that valves are maintained in the dosed position. Institute protocols for checking/testing stormwater in containment areas prior to discharge. U Use double-,vallert tanks with overflow protection. ❑ Keep liquid transfer nozzles hoses in secondary containment area. Portable containers/drums ❑ Keep liquid transfer nozzles/hoses in secondary containment area. ❑ Store drums indoors when possible. ❑ Store drums, including empty or used drums, in secondary containment with a roof or cover (including temporary cover such as a tarp that prevents contact with precipitation). ❑ Provide secondary containment, such as dikes or portable containers, with a height sufficient to contain a spill (the greater of 10 percent of the total enclosed tank volume or 110 percent of the volume e contained in the largest tank). Clearly label drum with its contents. Vehicle and U Conduct fueling operations (including the transfer of fuel from tank trucks) on an impervious equipment fueling or contained pad or under a roof or canopy where possible. Covering should extend beyond spill containment pad to prevent rain from entering. U When fueling in uncovered area, use a concrete pad (asphalt is not chemically resistant to the fuels being handled). ❑ Use drip pans where leaks or spills of fuel can occur arid where making and breaking hose connections. ❑ Use fueling hoses with check valves to prevent hose drainage after filling. ❑ Use spill and overflow protection devices. U Keep spill dcanup material readily available. Clean up spills and leaks immediately. ❑ Minimize/eliminate run-on into fueling areas with diversion dikes, berms, containment trenches, curbing or other equivalent measures. ❑ Collect stormwater runoff and provide treatment or recycling. Use dry cleanup methods for fuel area rather than hosing down the fuel area. Follow procedures for sweeping up absorbents as soon as spilled substances have been absorbed. U Provide curbing or posts around fuel pumps to prevent collisions from vehicles. U Discourage "topping off" of fuel tanks. U Regularly inspect and perform preventive maintenance on fuel storage tanks to detect potential leaks before they occur. ❑ Inspect the fueling area for leaks and spills. ❑ Train employees on vehicle fueling BMPs. EPA -833-F-06-019 5 INDUSTRIAL STORMWATER FAO' SHEET SERIES Sector D: Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers Table 2. BMPs for Potential Pollutant Sources at Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturing Facilities (continued) Pollutant Source BMPs' Vehicle and Good Housekeeping equipment ❑ Eliminate floor drains that are connected to the storm or sanitary sewer; if necessary, install a maintenance sump that is pumped regularly. Collected wastes should he properly treated or disposed of by a licensed waste hauler. Do all cleaning at a centralized station so the solvents stay in one area. U If parts are dipped in liquid, remove them slowly to avoid spills. ❑ Use drip pans, drain boards, and drying racks to direct drips back into a fluid holding tank for reuse. ❑ Drain all parts of fluids prior to disposal. Oil filters can be crushed and recycled. ❑ Promptly transfer used fluids to the proper container; do not leave full drip pans or other open containers around the shop. Empty and dean drip pans and containers. ❑ Clean up leaks, drips, and other spills without using large amounts of water. Use absorbents for dry cleanup whenever possible. O Prohibit the practice of hosing down an area wnere the practice would result in the discharge of pollutants to a stormwater system. U Do not pour liquid waste into floor dra,ru, sinks, outdoor storm drain inlets, or other storm drains or sewer connections. 0 Maintain an organized inventory of materials. ❑ Eliminate or reduce the number and amount of hazardous materials and waste by substituting nonhazardous or less hazardous materials. ❑ Label and track the recycling of waste material (e.g., used oil, spent solvents, batteries). ❑ Store batteries and other significant materials indoors. ❑ Dispose of greasy rags, oil filters, air filters, batteries, spent coolant, and degreasers in compliance with RCRA regulations. Minimizing Exposure U Perform all cleaning operations indoors or under covering when possible Contluc t the cleaning operations in an area with a concrete floor with no floor drainage other than to sanitary sewers or treatment facilities. ❑ If operations are uncovered, perform them on concrete pad that is impervious and contained. Park vehicles and equipment indoors or under a roof whenever possible and maintain proper control of oil leaks/spills. U Check vehides closely for leaks and use pans to collect fluid when leaks occur. Management of Runoff ❑ Use berms, curbs, grassed swales or other diversion measures to Ansure that stormwater runoff from other parts of the facility does not flow over the maintenance area. ❑ Collect the stormwater runoff from the cleaning area and provide treatment or recycling. Discharge vehicle wash ur rinse water to the sanitary sewer (if allowed by sewer authority), wastewater treatment, a land application site, or recycle onsite. DO NOT discharge washwater to a storm drain or to surface water. Inspections and Training C] Inspect the maintenance area regularly to ensure BMPs are implemented. ❑ Train employees on proper waste control and disposal ¢rocedures. EPA -833-F-06-079 6 !NDUSTI IUAL S oRMWATER FACT SHEET SERIES S7E, 7 !" ri: A5phae-t Paving and Roofing Materials Manufacturers and Lubricant ellarnefactztierre What if activities and materials at my facility are not exposed to precipitation? The industrial stormwater program requires permit coverage for a number of specified types of industrial activities. However, when a facility is able to prevent the exposure of ALL relevant activities and materials to precipitation, it may be eligible to claim no exposure and qualify for a waiver from permit coverage. If you are regulated under the industrial permitting program, you must either obtain permit coverage or submit a no exposure certification form, if available. Check with your permitting authority for additional information as not every permitting authority program provides no exposure exemptions. Where do I get more information? For additional information on the industrial stormwater program see www.epa.gov/npdes/stormwater/msg p. A list of names and telephone numbers for each EPA Region or state NPDES permitting authority can be found at www.epa.gov/npdes/stormwatercontacts. References Information contained in this Fact Sheet was compiled from EPA's past and current Multi -Sector General Permits and from the following sources: • City of Phoenix, Street Transportation Department, Storm Water Management Section. 2004. Prevent stormwater Contamination Best Management Practices for: Section D - Asphalt Paving and Roofing Materials and Lubricant Manufacturers. SIC Codes: 2951, 2952, 2992, 2999. http://phoenix.gov/STREETS/asphroof.pdf • New Jersey Department of Environmental Protection, Division of Water Quality. "Stormwater Discharge General Permits: Hot Mix Asphalt Producers (HMAP) General Permit (R4)." www.nj.gov/dep/dwq/gp_stormwater.htm#asphalt • Orange County, California, Watershed & Coastal Resources Division. Concrete and Asphalt Production, Application, and Cutting, www.ocwatersheds.com/StormWater/documents_bmp_existing_development.asp#ind • Pierce County Washington, Public Works and Utilities. "Best Management Practices for Commercial and Industrial Activities." www.co.pierce.wa.us/xml/services/home/environ/water/cip/swmmanual/stakeholders) SWUM %20V4•C4_1.pdf • USEPA. 1992. Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices. EPA -832-R-92-006. www.epa.gov/npdes/stormwater • USEPA Office of Science and Technology. 1999. Preliminary Data Summary of Urban Stormwater Best Management Practices. EPA -821-R-99-012 www.epa.gov/DST/stormwater) • USEPA, Office of Wastewater Management. NPDES Stormwater Multi -Sector General Permit for Industrial Activities (MSGP). www.epa.gov/npdes/stormwater/msgp EPA -M -F-06-019 7 EXHIBIT 1 Jessica Reid From: Sent: To: Cc: Subject: �N O1 AT i COZa0 -CCDOR Esther Gesick Monday, July 20, 2020 2:11 PM tbcalhoon@aol.com Steve Moreno; Tom Parko Jr.; Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: MMM Hello Tammy, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street I P.O. Box 758IGreeley, Greeley, CO 80632 tel: (970) 400-4226 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. Original Message From: Steve Moreno <smoreno@weldgov.com> Sent: Monday, July 20, 2020 1:48 PM To: Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: FW: MMM Steve Moreno Weld County Commissioner At Large 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-336-7204 Ext. 4207 Fax: 970-336-7233 Email: smoreno@weldgov.com Website: www.co.weld.co.us 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. Original Message From: Tammy Brown <tbcalhoon@aol.com> 1 Sent Monday, July 20, 2020101 PM To Steve Moreno <smoreno@weldgov corn> Subject MMM My name is Tammy Brown I live at 27400 Hopi Trail and have owned my property since June 21, 1986 Hopefully you have visited Indianhead Estates and seen first hand the negative impact Maarten Marietta is having on our property values, clean air and peaceful community I strongly ask that you vote NO on their proposal to change the agricultural land use Sent from my Phone 2 Health effects of Particulate Matter Trina Bogart, MD Submitted to the Weld County Board of County Commissioners 20 July 2020 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. Health effects of Particulate Matter "Particulate matter," also known as particle pollution or PM, is a complex mixture of extremely small particles and liquid droplets. Particle pollution is made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. The size of particles is directly linked to their potential for causing health problems. The Environmental Protection Agency (EPA) is most concerned about particles that are 10 micrometers in diameter or smaller because those are the particles that generally pass through the throat and nose and enter the lungs. Once inhaled, these particles can affect the heart and lungs and cause serious health effects. The EPA groups particle pollution into two categories: • Inhalable coarse particles: The diameter size of the particles range from 2.5 to 10 micrometers (PM 10 — 2.5). • Fine Particles: Usually found in haze and smoke and the size can range up to 2.5 micrometers (PM). The residents of the surrounding community near the Rock and Rail (Martin Marietta) plant have serious concerns related to the acute and long-term health effects of exposure to emissions from the concrete batch plant and the future proposed asphalt operations. Surface mining operations, concrete batch plants, and hot mix asphalt plants commonly emit particulate matter (PM), including particulates with a diameter of 10 microns or less (PM10 down to PM 2.5). Particulate matter is emitted from processes such as conveying, screening, crushing, stockpiling, storing, and hauling materials. Dryers fired with natural gas, oil, propane, or diesel, may also emit PM, Carbon monoxide and nitrogen oxides. Dryers may emit Volatile Organic Compounds (VOCs) or sulfur oxides depending on the type of fuel used. Particulate matter from concrete batch plants consists of cement, pozzolan (silica or siliceous material), aggregate and sand dust emissions. In addition, there can be the emissions of metals. Point source emissions from these plants include the transfer of cement and pozzolan material to silos. Fugitive sources include the transfer of sand and aggregate, truck loading, train loading and unloading, mixer loading, vehicle traffic, and wind erosion from sand and aggregate storage piles. Other potentially harmful emissions created during concrete production are related to additives mixed into the cement mixture which may include materials such as fly ash, granulated blast - furnace slag, and silica fume. These products are intended to make the concrete more economical, reduce permeability, or increase strength. Chemical additives may also be added, which are usually liquid ingredients intended to entrain air, reduce the water required, retard or accelerate the setting rate, and make the concrete more fluid. 2 Air pollutants - including carbon monoxide, nitrogen oxides, volatile organic compounds (VOC), particulate matter, nickel and formaldehyde - can also be generated by on -site internal combustion engines. Most concrete batch plants that have engines use diesel compression ignition internal combustion engines up to 1,000 horsepower The trucks that come and go from the facility are often diesel -fueled and frequently idle outside waiting to load for long stretches of time, all the while, emitting toxic diesel PM. Another major source of potential emissions is the movement of these heavy trucks over unpaved or dusty surfaces in and around the plant. These trucks often arrive before dawn to pick up loads of concrete to take to construction sites, and the idling of these early -morning arrivals and their reverse warning sounds can be noisy, in addition to spreading diesel fumes throughout the neighborhood. Concrete Batch Plant Operations Figure (From EPA Publication AP -42): Multiple areas of the concrete batch plant operations lead to particulate matter emissions. 1 BARGE / TRANSFER TO CONVEYOR 'TRANSFER TO ELEVATED STORAGE AGGREGATE (SCC 3-05-011-23) AGGREGATE (SCC 3-05-911-04) SAND (SCC 3-05-011-24) SAND (SCC 3-05-011-05) TRUCK DELIVERY TO GROUND STORAGE AGGREGATE (SCC 3-05-011-21) SAND (SCC 3-05-011-22) ri PARTICULATE EMISSIONS FRONT END LOADER U ELEVATED STORAGE BINS A C G OG UE RG S A E. T E SAND TRANSIT MIX TRUCK LOADING (SCC 3-05-011-19) TRUCK MIXED PRODUCT WATER UNLOADING TO ELEVATED STORAGE SILO CEMENT (SCC 3-95-011-97) CEMENT SUPPLEMENT (SCC 3-05-011-17) ELEVATED CEMENT AND SUPPLEMENT SILO PNEUMATIC TRANSFER BUCKET ELEVATOR 1 BARGE / IllIrs9vffill TRI.Ck1 SCREW CONVEYOR WEIGH HOPPER LOADING OF SAND & AGGREGATE, (SCC 3 -05 -01I -OS) MIXER LOADING (SCC 3-05-011-09) CENTRAI. MIXED PRODUCT Multiple studies have established a link between particulate matter exposure and major negative human health impacts. In addition to the very clear link to respiratory inflammation and lung disease, the association between PM and inflammation -related cardiovascular diseases, such as ischemic heart disease, cardiac dysrhythmias, congestive heart failure, 3 cerebrovascular disease, and stroke, has emerged very strongly. This notion is supported by a number of studies showing that each 10 to 20 mg/m3 increase in PM levels is associated with an increase of 0.5% to 2% in cardiovascular mortality. (1) Exposure to PM has been found to cause a systemic reaction in the body and this is the main pathway through which it is thought to damage the cardiovascular system. These health effects can be caused directly by the movement of inflammatory components of PM into the circulation, or indirectly as a consequence of the lung damage caused by PM. Epidemiologic studies suggest that certain individuals are more susceptible than the general population to effects associated with PM exposure. For example, susceptibility factors include advanced age, underlying health conditions, socioeconomic factors, and genetic factors. For example, the obese, the elderly, and patients with diseases, such as COPD, asthma, previous myocardial infarction, or diabetes, have a higher risk of experiencing an acute exacerbation of their disease at the same air pollution concentration as healthy individuals. (1-4) Modern-day air quality standards are motivated by the protection of all people, but particularly of these susceptible individuals. In the United States, the National Ambient Air Quality Standards mandated by the Clean Air Act are set with the explicit intent to protect susceptible groups with an "adequate margin of safety" based on the best available evidence (5). In fact, it is data from susceptible subpopulations that show a greater risk of adverse health outcomes resulting from a given exposure that have driven the standards for air pollutants to increasingly lower levels (6). Protection of susceptible groups is the fundamental motivation for the regulation of air pollution. The literature base convincingly supports the association between short-term acute spikes in air pollution and exacerbations of underlying diseases, including asthma, chronic obstructive pulmonary disease, myocardial infarction, and heart failure Asthma is the most well studied of these, so much so that, the Health Effects Institute concluded that there is sufficient evidence to infer a causal association of PM with childhood asthma exacerbations. Asthma exacerbations, characterized by emergency room visits, hospitalizations, and increased medication use, are increased for both children and adults during episodes of peak air pollution (7, 8, 10). "The National Institute of Environmental Health Sciences Sister Study", a nationwide study of more than 50,000 U.S. women, provided evidence for an association between PM 2.5 and an increased risk of incident asthma symptoms in non -asthmatic adults. They also found some evidence to support an association with new onset asthma development. Higher concentrations of PM2.5 were associated with wheezing and asthma development in this large national cohort of women (9). In persons with underlying chronic obstructive pulmonary disease, short-term exposure to particulate matter (particulate matter<2.5 mm in aerodynamic diameter [PM2.5] 4 and particulate matter <10 mm in aerodynamic diameter [PM10]), nitrogen dioxide (NO2), carbon monoxide (CO), SO2, and ozone are all associated with exacerbation frequency. Among these, particulate matter and NO2 showing the strongest effect (11). Susceptibility to air pollution health effects is not limited to persons at the extremes of age or those with preexisting diseases. Increasingly sophisticated exposure assessments employed in large prospective cohort studies are uncovering evidence that air pollution exposure is linked to new -onset cardiovascular and pulmonary diseases in previously unaffected individuals (12). Lung cancer is a principal example. On the basis of compelling evidence, notably the evidence derived from the landmark ESCAPE (European Study of Cohorts for Air Pollution Effects) analysis, the International Agency for Research on Cancer classified outdoor air pollution, inclusive of particulate matter and diesel exhaust, as a group I carcinogen; air pollution is acknowledged as a cause of lung cancer (13, 14). Dry eye disease may be linked to specific levels of pollutants in the atmosphere, reports a study published online in JAMA Ophthalmology.(20). Dry eye disease was associated with elevated levels of ozone and nitrous oxide. In another study, the eyes of mice were exposed to PM 2.5. This study found a link between exposure to PM 2.5 and interruption in normal tear production and abnormal corneal changes that mirrored that seen in dry eye syndrome in humans. (21) Exposure to air pollution and COVID-19 mortality in the United States: A nationwide cross-sectional study (15) Many of the pre-existing conditions that increase the risk of death in those with COVID-19 are the same diseases that are affected by long-term exposure to air pollution. Numerous scientific studies reviewed by the United States Environmental Protection Agency (US EPA) have linked PM2.5 to a variety of health concerns including premature death in people with heart or lung disease, non -fatal heart attacks, irregular heartbeats, aggravated asthma, decreased lung function, and increased respiratory symptoms such as inflammation, airway irritations, coughing, or difficulty breathing.(16) This recent study hypothesized that because long-term exposure to PM2.5 adversely affects the respiratory and cardiovascular systems and increases mortality risk, that it would also exacerbate the severity of COVID-19 infection symptoms and worsens the prognosis of COVID- 19 patients (15). The results indicate that long-term exposure to PM 2.5 increases vulnerability to the most severe COVID-19 outcomes. This study found statistically significant evidence that an increase of 1 /Lg/m3 in long-term PM2.5 exposure is associated with an 8% increase in 5 the COVID-19 mortality rate. Bottom line conclusion: A small increase in long-term exposure to PM2.5 leads to a large increase in the COVID-19 death rate. These results are consistent with previous findings that air pollution exposure increases severe outcomes during infectious disease outbreaks. Several studies have reported associations between short-term PM2.5 exposure and poor infectious disease outcomes, including higher hospitalization rates or increased medical encounters for influenza, pneumonia, and acute lower respiratory infections. (17, 18). Relationships have also been detected between pollution exposures and severe outcomes in the context of past pandemics. Studies found particulate matter exposure to be associated with the mortality during the H1N1 influenza pandemic in 2009 (19). The negative health impacts of particulate matter cannot be disputed! In the following section, several Case Studies of persons who reside near the Rock and Rail Highway 34 facility are summarized. Community interviews Trina Bogart -6645 Apache Road: On May 3, 2020 I ended up in the Emergency Department with chest tightness and shortness of breath. These symptoms had been progressively worsening over the previous 2 months. I received a thorough work -up and was ultimately diagnosed with adult onset asthma. I am 54 years old, I have never smoked, and I do not have a family history of asthma. Developing asthma at this stage in my life is an unusual occurrence. I have noticed a marked increase in dust in and around my home over the past couple of years since the Rock and Rail concrete batch plant began operations. I believe that exposure to dust and fine particulate matter over these past two years may have a connection to my new diagnosis. I began to wonder how many other neighbors were experiencing new health challenges or symptoms, so I set out to perform interviews with community members that live within a %2 mile radius of the Rock and Rail plant. Here is what I learned. Resident A- 77 year -old with no prior history of allergies or sinus problems who developed severe nasal congestion that started late in the year of 2018 and has been getting progressively worse. He tried over the counter nasal sprays and medications with no benefit. He suffers severe sinus and nasal congestion and lots of thick mucus in his throat. He went to an Ear, Nose, and Throat specialist and was diagnosed with a hypersensitivity and allergies. He has never allergies before. Typically, he is very active and walks daily. He used to run and do more vigorous exercise, but now he has been unable to do these activities, due to his symptoms. He noticed that when visited his daughter in Idaho the symptoms significantly improved. He has 6 noticed a lot more dust in the house over the past two years and says that it is a constant battle to try to keep up with the cleaning in the house. Resident B- 71 year old women with a history of asthma. She has been "very well controlled with her asthma symptoms for years and has had no problems what -so -ever". She moved to Indianhead Estates a little over 2.5 years ago. Prior to moving into this neighborhood her asthma was very well controlled. She has always had to be careful with dust and grass clippings, as these are common triggers for her asthma. "When we bought the house and we were doing our research, Martin Marietta was not up and running. "We had no idea what was coming, we knew the potential related to trains and unloading, but we did not imagine how much dust would be created". "When the wind blows, it blows right across their property and brings that dust right into our yard and home. We get a lot of that dust". "Behind us is a field and MMM is 500 feet away. We cannot even open our windows and enjoy the cool days". "I love to garden, but now I try not to be out in the yard at all, because it triggers my asthma. "The amount of dust is much increased since the operation started in full swing". Now she has to dust frequently. "Trains come and go about 4 times per week and there are Piles of aggregate". Both she and her husband have had dry and itchy eyes and increased nasal congestion this summer. Her husband has Nonhodgkin's lymphoma. He stays indoors as much as possible and she works hard to keep the house clean from all of the dust. Dust in the house seems to "instantly reappear shortly after cleaning". Resident C This family who lives on Apache road moved here in 2017 -They have a young son with health problems since his time of birth. He gets frequent upper respiratory infections and has had problems with his lungs. He has an underlying condition called Selective IgA deficiency which makes him prone to infections. This disease has also been associated with increased incidence of allergies and asthma in children. IgA is an important protein (immune globulin) in the body that helps us to fight infections and may also help to bind allergens. It plays a role in allowing the body to clear foreign substances from the nose, throat, and lungs. Since living here, their son has had some really severe episodes of respiratory problems. He has had to go to Emergency Department twice. He has had a lot of symptoms with increased mucous in his throat and lungs. "He has been struggling with wheezing and more frequent attacks respiratory problems". "He loves to play outside and we have had to be careful about him being outdoors on days that the dust is bad". Resident D- This resident has recently suffered from worsening allergy symptoms and has been diagnosed with severe dry eye. She has been treated for allergies for many years (dust is one of her allergies). She gets allergy shots and takes medications daily. Her allergy symptoms have been well controlled for many years with these treatments. With the recent Covid-19 pandemic she has been working from home for the past four months. Prior to that she was out of the home during the day all week long. Since working from home, she has been experiencing severe irritation of her eyes. She has required multiple appointments with her eye specialist 7 and has been started on very expensive medications totally $600.00 per month She has also been suffering from Increased allergies despite her usual medications. Her allergist has told her that this allergy season has been no worse than usual and pollen counts are in the typical range for this time of year. Her allergy symptoms have "really intensified" and her "symptoms are really severe". Resident E- Has suffered from severe nasal and sinus congestion for the past L5 years. She and her husband moved to Indian Head Estates in January, 2018. Prior to living in this area, she did not suffer from these symptoms. She had to undergo Major sinus surgery this past year, due to severe inflammation and sinus and nasal obstruction. Recently she has been experiencing severe irritation in the throat. She has been seen by her doctor a couple of times over the past month. She has been tested for strept throat and covid and both were negative. She complains of "Intense pain in my throat for the last three weeks". She notes that the home is "thick with dust". She has been cleaning daily, in order to keep the dust at a minimum. Resident F- This resident of Indian Head estates has a grandson with a history of asthma. She has noted that for the past 2 summers, when he comes over to visit he frequently develops an exacerbation of his asthma symptoms. He often has to go home and take a respiratory treatment with his albuterol. He rarely gets asthma attacks at his own home, but when he is out playing in the back yard at her home, his asthma gets triggered. Resident G and H- These two residents of Indianhead Estates have never been diagnosed with allergies or asthma. However, over the past year they have both suffered from dry and itchy eyes, nasal and sinus congestion, and throat irritation. They used to change the furnace filter every 3 months, but now they change it monthly. The "filters are absolutely filthy". They have to dust off counters every day. Conclusions Based on the current state of understanding of the health effects of dust generated at facilities such as the Rock and Rail Highway 34 facility, and in particular, the micron scale emissions, PM10 and PM2.5, there must be severe concern that the facility is causing health affects in the neighboring population. Given the extent of dust generation that is observed on nearly a daily basis, it's inevitable that residents are exposed to elevated levels of these emissions. While it is correct that at this point there is only a correlation between the onset of mild to severe respiratory and other conditions and the initiation of the Rock and Rail operations in the fall of 2018, the likelihood of eventually establishing a cause -effect relationship seems high. This indicates that this use is not, in fact a compatible use, but instead a use that conflicts with the health, safety and welfare of the neighbors, and therefore interferes with their quiet enjoyment of their property. 8 References 1. Langrish JP, Bosson J, Unosson J, Muala A, Newby DE, Mills NL, et al. Cardiovascular effects of particulate air pollution exposure: time course and underlying mechanisms. J Intern Med 2012;272:224-39. 2. Peters A, Dockery DW, Muller JE, Mittleman MA. Increased particulate air pollution and the triggering of myocardial infarction. Circulation 2001;103: 2810-5. 3. Brook RD, Rajagopalan 5, Pope CA 3rd, Brook JR, Bhatnagar A, Diez-Roux AV, et al. Particulate matter air pollution and cardiovascular disease: an update to the scientific statement from the American Heart Association. Circulation 2010;121: 2331-78. 4. Delfino RJ, Staimer N, Tjoa T, Arhami M, Polidori A, Gillen DL, et al. As Sociations of primary and secondary organic aerosols with airway and systemic inflammation in an elderly panel cohort. Epidemiology 2010;21: 892-902. 5 U.S. Environmental Protection Agency. Clean Air Act Title I Air Pollution -Prevention and Control, Parts A through D. Available from: https://www.epa.gov/clean-air-act-overview/clean- air-act-text 6 U.S. Environmental Protection Agency (EPA). 2015 National Ambient Air Quality Standards (NAAQS) for ozone. Washington, DC: EPA. 7. McHugh MK, Symanski E, Pompeii LA, Delclos GL. Prevalence of asthma among adult females and males in the United States: results from the National Health and Nutrition Examination Survey (NHANES), 2001-2004. J Asthma 2009;46:759-766. 8. Guarnieri M, Balmes JR. Outdoor air pollution and asthma. Lancet 2014;383:1581-1592. 9. Young M, Sandler D, Deroo L, Vedal S, Kaufman J, London S. Ambient air pollution exposure and incident adult asthma in a nationwide cohort of U.S. Women. Am J Respir Crit Care Med Vol 190, Iss 8, pp 914-921, Oct 15, 2014 10. Jacquemin B, Schikowski T, Carsin AE, Hansell A, Kraemer U, Sunyer J, Probst-Hensch N, Kauffmann F, Ku" nzli N. The role of air pollution in adult -onset asthma: a review of the current evidence. Semin Respir Crit Care Med 2012;33: 606-619. 11. Li J, Sun S, Tang R, Qiu H, Huang Q, Mason TG, et al. Major air pollutants and risk of COPD exacerbations: a systematic review and meta -analysis. Int J Chron Obstruct Pulmon Dis 2016;11:3079-3091. 12 Kaufman JD, Adar SD, Barr RG, Budoff M, Burke GL, Curl CL, et al.vAssociation between air pollution and coronary artery calcification withinvsix metropolitan areas in the USA (thevMulti- 9 Ethnic Study of Atherosclerosis and Air Pollution): a longitudinal cohort study. Lancet 2016;388:696-704. 13 Raaschou-Nielsen O, Andersen ZJ, Beelen R, Samoli E, Stafoggia M, Weinmayr G, et al. Air pollution and lung cancer incidence in 17 European cohorts: prospective analyses from the European Study of Cohorts for Air Pollution Effects (ESCAPE). Lancet Oncol 2013;14:813-822. 14 Straif K, Cohen A, Samet J, editors; International Agency for Research on Cancer (IARC). Air pollution and cancer. IARC Scientifi Publication No. 161. Lyon, France: IARC Press; 2013. 15. Xiao Wu, Rachel C Nethery, M Benjamin Sabath, Danielle Braun, Francesca Dominici Department of Biostatistics, Harvard T.H. Chan School of Public Health, Boston, MA, 02115, USA. April 24, 2020 16. United States Environmental Protection Agency. Integrated Science Assessment (ISA) for Particulate Matter (Final Report, 2019). EPA/600/R-19/188. Washington, DC: US EPA 2019. 17 Horne BD, Joy EA, Hofmann MG, et al. Short-term elevation of fine particulate matter air pollution and acute lower respiratory infection. Am J Respir Crit Care Med2018;198(6):759- 66. doi: 10.1164/rccm.201709-1883OC [published Online First: 2018/04/14] 18. Croft DP, Zhang W, Lin S, et al. Associations between source -specific particulate matter and respiratory infections in New York state adults. Environ Sci Technol 2020;54(2):975-84. doi: 10.1021/acs.est.9b04295 [published Online First: 2019/11/23]2018/04/14] 19.Morales KF, Paget J, Spreeuwenberg P. Possible explanations for why some countries were harder hit by the pandemic influenza virus in 2009 - a global mortality impact modeling study. BMC Infect Dis 2017;17(1):642. doi: 10.1186/s12879-017-2730-0 [published Online First: 2017/09/28] 20. Hwang SH, Choi YH, Paik HJ, et al. Potential importance of ozone in the association between outdoor air pollution and dry eye disease in South Korea. JAMA Ophthalmol. 2016 March. 21. Gang Tan1,2, Juan Li3, Qichen Yang 4, Anhua Wu2, Dong-Yi Qu 5, Yahong Wang6, Lei Ye1, Jing Bao1 & Yi Shao1 Air pollutant particulate matter 2.5 induces dry eye syndrome in mice Scientific Reports;(2018) 8:17828 I DOI:10.1038/s41598-018-36181- (2018) 8:17828 DO I :10.1038/s41598-018-36181- 10 Understanding Noise: What is really happening near the Rock and Rail concrete manufacturing site? Dave Kisker, Ph. D. Partner, Twin Peaks Partners LLC Report submitted to the Weld County Board of County Commissioners 20 July 2020 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. Understanding Noise: What is really happening near the Rock and Rail concrete manufacturing site? Prepared by D. W. Kisker, Ph.D., Twin Peaks Partners LLC The noise emanating from the Martin Marietta Materials (MMM) concrete manufacturing operation has been a subject of contention since as early as August 12/ 2015. At the Weld County Board of County Commissioners hearing that day/ the decision was made to approve the Use by Special Review (USR) application for a massive aggregate distribution center. This occurred despite the universal objections of the surrounding property owners, the Planning Commission, the Planning Staff, the towns of Johnstown and Windsor and the city of Greeley. However, at the time, in a concession to the affected neighbors, the Board of County Commissioners added Development Standards to that USR which required MMM to meet the residential noise standard, SSDB/50dB, day/night. MMM also was required and agreed to present a plan to monitor noise to assure that they would not exceed the residential noise standard at their property line. At the hearing, there was extensive discussion as to the measurement point necessary to confirm compliance, and, County Attorney► Bruce Barker specifically clarified that the proper measurement point is at the noise generator''s own property line. Despite the specific requirements of this development standard, D523, MMM never submitted any noise monitoring plan to Weld County, and, in fact, at the November ii, 2017 meeting of the "Community Work Group", Mr. James Sharn stated their specific position that they did not intend to do sufficient monitoring to assure compliance with the residential noise standard they simply refused to do continuous monitoring which would have been the only way to confirm compliance. (See this link for a video record of this discussion: https://youtu.be/1OOOjD9Groo Shortly after that meeting, on 11/22/2017, the Colorado Court of Appeals ruled that the approval of the USR by the BOCC was invalid because the noise study upon which the approval was partly based indicated that MMM would not be able to meet DS23, and therefore, that the operation would not meet the required compatibility criteria for the application's approval. At that point, the future of noise and DS23 became uncertain. Some clarity was achieved in 2018 when MMM sold the facility to Rock and Rail (R&R) and, shortly thereafter, R&R began concrete manufacturing and aggregate transloading, claiming that their entire operation was not subject to state and local land use regulations under the Interstate Commerce Commission Termination Act, ICCTA. From that point forward, any limit on the noise generation at the facility► has been completely ignored by MMM/R&R, and it's clear that they have no intention of either monitoring the noise level or meeting the previously agreed upon residential noise standard. In fact, the senior manager at the time, A.J. Arjanen, general manager of Rock & Rail, was quoted in a Ft. Collins Coloradoan article as saying "Rock & Rail is not bound by the "defunct" USR, but it "does voluntarily try to minimize its impacts on surrounding properties. " "The company does not believe it exceeds the standards set by the USR", Arjanen said, "although it does not currently monitor noise." (https://www.coloradoan.com,story/news/2019/02/02/weld-county-concrete-facility►- operates-neighbors-push-back/2744408002/ Of course, the facts "on the ground" are different, and the neighbors have submitted numerous examples of excess noise emanating from the plant, both as part of the record for COZ20-0004 and, previously, as part of the response to "discovery" that has occurred as part of the Federal District Court case. However, in their application, R&R claims that there has been no noise measurement that demonstrates this non-compliance. They further have claimed that all noise is dominated by traffic noise from US 34, and that it is not possible to discern noise that emanates from the plant. In the balance of this short report, we will explain our detailed approach to understanding and discriminating routine noise that is the result of unrelated activities such as dogs barking, birds chirping, mowing activity, aircraft activity and, of course traffic from US 34, from the plant - specific noises that are directly observable by humans but are also discernable by listening to and/or suitable analysis of audio recordings. A summary of our approach is presented in the flow chart in Appendix A. Methods for Sound Discrimination 1. Human observation One of the most effective ways to discern the source of sound is by simply listening. Humans are actually very good at determining the direction from which many sounds emanate. (Exceptions are very low frequencies —deep base sounds --which tend to be omnidirectional.) Therefore, in many of our reports, a human observer has simply noted whether the observed noise comes from the R&R facility. Together with noise level measurements using a calibrated noise level meter, both the intensity and the direction of the noise can be determined. If it's from the facility, the data is retained, some of which is presented in this record. As will be discussed in Appendix B, if plant noise can be heard at all, even in the presence of significant background noise from, for example U534 traffic, then it's certain that the plant noise is at least comparable in level to the background noise. Therefore, when a human observation is made, there is generally no confusion about the noise source. 2. Noise level meter measurements (only) As stated during the Planning Commission hearing, in addition to spot measurements being conducted by various people from various locations, we are also monitoring noise once per second on a continuous (24/7/365) basis near the R&R property line. The data from this noise level meter (Noise Meter, Model LIT -5E) is then automatically uploaded to a publicly available website where it can be reviewed and, potentially downloaded for further analysis. As expected, the noise levels measured at that location fluctuate throughout the day and on the weekends as various activity occurs at the R&R facility or in other nearby locations. These time - dependent noise level measurements often contain sufficiently specific characteristics that the noise source can often be determined with certainty, even with no human observer is present. Noise Report Monitor ID LiveNoise 44E7CDC 44E7CDC ✓ r 70 13 50 40 Tue Jul 14, 2424 O "ells W� lAegrls Profile - 60 runs 616 am 621 am 526 am 611 am 636 am 6:41 am 646 am 651 am 6:56 am 701 am 706 tun 7I1an Time Figure 1. Example of the noise level as measured near the R&R property line between 6:11 and 7:11 AM on 14 July 2020. The repeated cycling of the noise level results from the timing of the traffic lights at WCR 13 and 17 as well as at LCR 5. For example, we now know that the traffic noise from US 34 on weekdays, begins at around 4AM and peaks around 6AM, typically between 55 and 60 dB (decibels). However, that portion of the background often has a very specific characteristic: it is modulated with peaks and valleys that repeat about every 2' 30". This behavior, as shown in Figure 1, occurs because of the sequencing of the traffic lights, and is often quite predictable for long periods of time. Another example of specific characteristics are the sounds from the horns from trains, whether they are on the union Pacific track or the Great Western track, further to the south. In that case, shown in Figure 2, the characteristic is typically that there will be 3-5 strong noise peaks that are then repeated several times as the train moves through the area. By the same token there are also impulse sounds very brief, intense sounds that may also occur at any time. Often those sounds are not perfectly distinct, but typically are made by a barking dog or a chirping bird. 3. Audio recording Noise Report Monitor LlveNolse 414E7C0C rf 44E7CDC 1 < t, 0 hits 90 80 mon Jul 13, 2020 tAq,1s Profile -5 mins 70 41 60if 50 40 I .1. 8:5823 am 855:53 am 8:5923 an 8:59 53 am 9,0023 am 800:53 am 9.0123 am 9:01:53 am 9:0223 am 9:92:53 am Tine Figure July seconds 2020. 2. Example This is characteristic sequence of train whistle of of the several train noise blasts whistle. at about of 9AM around 15 on 13 Despite the continuous monitoring that we are doing near the site, sometimes, the noise level meter measurement is insufficient to determine the noise source. To address this problem, we are recording the sound at the same location using an audio recorder. An example of such a recording, taken on June 3012020, between 7AM and 10AM, is shown in Figure 3. Unlike the simple noise level meter, the actual recording contains information about all frequencies of sound that were detected. A software tool, Audacity, allows the selection of a portion of the sound record for specific analysis. By selecting various portions of the recorded information, the source of the noise can be determined. In particular, by combining the noise level measurements with the audio recording, noise sources that result in potential exceedances of the residential noise limit can be identified. ce June30_0700-1000 — in File Edit Select View Transport Tracks Generate Effect Anal; ze tools Help 1 -� . . I - -42i . -48 - act to Start Monitoring -IS -42 - 0 II ■ 14 N0 �,►` : - C. 49. 49 — 54- -48---a2 -3s -30 -24 1} -12 -6---01 * P 1 ilD- Q XloiIIll.�,l�� 1 1 - • ,a. MME • r, Microphone (Reeltek High Defini '- 2 (Stereo) Recording Char : le Speakers (Realtek High Definiti •15:00 0:00 15:00 30:00 45} 1:00:00 1:15:00 1:30:00 1:45:00 2:00:00 2:15:00 2:30:00 2:45:00 3:00 X Jvrre30_070W 0.20 - Mute Solo ' 8 0.15- ; ----e— R Mono, 44100Hz 32-a4 float 0.10- 0.0s I 1 b 0.0o- -0.05- .0.10- -0.15- -0.20- -0 25. I I; Figure 3. Data collected Audio recording between of noise 0700 and 1000 in the area of IMMM on 30 June 2020. concrete manufacturing plant. 4. Spectral analysis The final characteristic that we use to identify the source of the loudest sounds is the actual spectrum of a specific sound. Any type of equipment that generates noise will have a characteristic spectrum that consists of unique components that are like fingerprints or DNA for the sound. Some examples of spectral analysis are shown below. Spectral analysis examples To fully appreciate the power of the combination of noise level measurement coupled with audio recording and spectral analysis, several examples are useful. US 34 traffic noise As mentioned above, the sound that emanates from US34 due to traffic has certain features that we have come to recognize as characteristic. The most important of these is the repetitive cycling of the noise intensity, as measured by the noise level meter. However, more detailed analysis provides information that is characteristic of the traffic noise. By comparing the spectra from the maximum and minimum of the traffic noise, we see there are characteristics that will be present in the spectrum when traffic is present. In particular, the broad bands that appear at about 150 and 250 Hz, are typical of traffic sounds that emanate Background traffic noise Characteristic traffic noise Frequency Analyses 0 X Frogaincy Andras O X AIM ~ A - -- - . t" ttit . _ _ 1' .�. - - Mt+ - __�. , .. 41613 i t t nip -364$ . `-• + I . 1 -5443 I , -{?48 - - . 47de • --•--s--essi II T .. . • .{• - , - _ 4 . b ,. _ I Ii -8644 ♦ ri I.. - 9dB 7 p.. t •sde I f" 460 -7 !dB - . .. . • •7Sd8 .t. 1 -81 de --4--f•-•-. -sae le -$4160- T+- (1"' � • v p 4443 30 00IC 1001.00HZ 300 OO1~t 1000.0014.t WA MO 148 0.OONt al4* ., p 30.00F� 10�.R�01it 3O0 CC' i 0G0i.OOHI w00 00 1$: Curiae; 19495 Hz (Ds 14a : • 119 d Dee! 1 N11J Hs (DIMa -1119.6 Q Gads C Inc $$$ Ht dP1f - • $8 48 Peak 484 H; _ -w, 4 3 Gods r'i19 dhrrt Spectrum v Set 204 Y' typed _ �1 iftt`. ,r S+tt r � ,. i usetcn. Hinwnin9 rand*" v A s: tog frequency - Repot._ . r ctcn Hrnw.; sindC r v &as Lot frtquency v Replan Chase Le OM 1 O Stae1 and Enid of S$.aon Stan and End of Selectson .718x* 100N07m21.718s* I00h08an0S.890r 100hOsm04.785s‘ 1001105m53.374s- Traffic Peak,30 June 2020 Traffic Lull, 30 June 2020 7:07e7:08 AM 7 se 05e7:06 AM Figure 4a. Spectrum of low traffic noise Figure 4b. Spectrum of high traffic noise from Us 34. Other ambient sounds Other detected sounds can be analyzed in a similar way once the audio signal is isolated and identified. For example, in Figure 5, we present the audio spectrum that was detected as a bird was chirping. Superimposed upon the broad, generally featureless background is a sharp peak at about 500 Hz. We find this is characteristic of this type of contribution from this particular species of bird. Frequency Analysis In X -43dB. AI -, ^ A 1 -48dB- - _ r > -51(16- �� III , + -54(18- A .M■1111 -5746- -60dB- i -6348. In � -66(101.1 ■■■1111LI -68 IT -72dB- -75(18. ■■��II�■■■ I 1 E -'$0 ■■Ill 1�■■■■Ill" -81(1g• I -84dB- ,i 1 II In 30.00Hz 100.00Hz 300.00Hz 1000.00Hz 3100.00Hz 10000.00Hz Cursori 16936 Hz (C10) = -117 dteallcj 16895 Hz (C10) = -116.0'1 v Grids A'gorrthm: Spectrum v Size 2048 v Export.. Function: Hamming window v Axis Log frequency v Replot... Close 6 i Start and End of Selection 34.601 sy 02h35m34.601 sv 102h35m41.227s* Figure bird. Note 5. Example the strong of spectrum peak including at 500 Hz. the sound from a Using spectragrams to detect and distinguish noise Although inspecting the spectrum of a sound event is very effective, a more efficient method is needed since our recordings consist of hundreds of such spectra for each second of recorded sound. An efficient way to accomplish this is through the use of spectragrams, which are simply a representation of hundreds of sequential spectra. Turning to the specific example of a train horn, in figure 6A, the spectrum is shown, including numerous sharp peaks between about 300 and 1500 Hz. In figure 6B, the entire spectragram of the full sequence of horn sounding over about 30 seconds is shown. In this case, the frequency of the sounds are presented along the vertical axis and the intensity is represented by color, with blue representing the lower intensity, red being moderate intensity and yellow being the highest intensity. The horizontal axis is time, so, a vertical slice through the spectragram would be composed of spectra similar to that shown in figure 6a. Inspection of such a spectragram can quickly elucidate specific noise features that occur as a function of time. In the case of the train horn, for example, this characteristic pattern allows immediate identification of the noise source. Freq uency Analysis ❑ i 111111 _11 5d8 �� gill_•i i -48d uNniiiiiunii� -51dE� 1� ! �r�r �� II� ��11� -54dE �i ��u l -57d6 l 1Tn I _ I Si,11hI -160dB- I d -6348..Iii - -66dB•° I I IIIIII I1I -694E3. _I_ J 1 �1� -75dE3 ( 1 1 �� -78dB - -81dE3• : -- -84d i I -90dB_ I 30.00Hz 100.00Hz 300.00Hz 1000.00Hz 3100.00Hz 10000.00Hz Cursor. 16350 Hz (C10) = -113 dE Pealc 16363 Hz (CU)) = -112.3 t 9 Grids Algorithm: Spectrum Size: 2048 v Export.... Function: Hamming window v Axis: Log frequency Sr Replot.... I Close 1O] .1 58i s- 0 1 h 03 m40.1 58 sr 01 h 03 m:11.983 sir Figure 6A, Spectrum of train horn 1 5k.- 1.0k- 0$k 0.0k 1 �, 1 e l 11 I I. 1 I i I x•'11. ., ,.; i r . i iI i I te lz: Snap -To Audio Position Start and End of Selection - oft •. r01h04m14.091set IO1h04m14.091sv!01h04m1J_091sw total Figure 6B. of about Spectragram 30 seconds of complete of noise. train horn sequence, a General Plant Noise, Dumping, Banging and Crashing Sounds Turning now to other typical sounds that emanate from the plant, and routinely occur.. The first example is the high pitched back up alarms from vehicles on the site. These alarmsoccur as early as 3AM, and pierce the entire neighborhood. Figure 7A shows the spectrum from such an alarm. The peak at 1750 Hz is characteristic, although we do find that it varies somewhat. Figure 7B shows the spectragram where an entire 20 second sequence is apparent. Another common noise that is clearly associated with the MMM concrete manufacturing plant is the various methods of handling aggregate. Note that this is completely independent of any railroad operations since it often occurs when there is no train on site. This noise is also penetrating, often being heard as much as 0.5 miles away, and, as early as 4AM. Although sporadic in nature, our measurements indicate that this noise, along with a general background level of noise is often responsible for exceeding the residential noise limit, both before and after 7AM . First, the spectral characteristic is presented in figure BA and then the spectragram is shown in figure 80. In figure 8A, the notable spectral element is the broad noise emission between 1000 and 3000 z. The specific characteristics of this noise do vary somewhat, as it likely depends on exactly what activity is being conducted. But, it's easily distinguishable from other ambient noise that may occur. , Fre Frequency Analysis — q ' l 53:15 53:30 55CIS. A T - — + �w0k 3.5k .0k • I i I I M I I I #1 i', I. I' I. , �= . I + " ll � . i i iI ff i 1 I IIAlI1L,^:Al_1 r1 '! I' 1 I r __. I I I ICI I �{q l .;! ,I 1 il, I i III !( I I( 11 I n I 1. `, ! I I I I I I I' I ! III i I ! r II ' li I ` I L 1' Si II r -50dB- •. it II 1 —69 8- �j p� ill I 1 1 I i1; .ID 27 ■) i1 11 I �1� y .` t, 1 ;CAW ` ! I -72dB- — .— II --.—_ ii 1 1 2.5k 0 1.5k' 1.0k— 0.5k- 0.0k � i I 1 !1� '' I .,I t 1 II Ii,,.1, ; f ,, ;,, ' - I , I • 1 a �l ' 11 t�. �I'" , I'14' 1�f1.iiiIi't1 I �I ' ItiTII. 1 ,' II � l 't 1, �, I • I I ", �,. 1�� 1 1 V / ' ' ►I ' I � I 1, 111 1 ' I I ; I I I!{L111II i ' 'ffta ,, �, ,... , II I i a I I I l� . ) �., 1 I1 y 11 1; ti fi , i 1 I ., �I iI �t,. 1. II II, It t1 t{r ill;:: a �� It: �r1, � 1 j' la 0 ,, i f i I I i III , , �,I,l , , J't'I*' 1 Q_ Il l' 111}I 1 ,•l F I I ' I I ill' I' .1, a•I- I I I 1 I t I 1 ' ii lit 1 1`1 1 I ill. , ,H . r) j`J 1 1 , Xfin . 111 i i 1le • 111111 .11'' 1 1 —81c1@-. 1 -8dd®- -90d8.- _ - 1�1�1it � 30.00Hz 100.0011z 300.00Hz 1000.00Ht 310C CC CCIHz 10000.00Ht Cursor. 10318 Hz (19) = -116 d6 kaki 10370 Hz (E9) - -116.4 di [2] Grids Algorithm: Spectrum •• Size: 2048 Export„. Function: Hamming window .. Axis: Log frequency y Replot... Close ®I Start and End of Selection 1 on Star! and Elul of Selection 65sir 00 h 53 m32.655 sw 00 h 53 m32.656 set 122.849s* 00h53m22.849s* 00h53m23.214s* Figure 7A. Spectrum of backup alarm at 1750 Hz. Figure alarms, 7B. Spectrogram at 7:53 AM, of 20 second 30 June 2020. sequence of backup Turning to the spectragram, figure SB, there are four such sounds, indicated by the vertical streaks between 44 and 45 minutes into the measurement. In addition, there are several other, more faint ones, that appear a few minutes later. Is it a noise limit violation? Of course, all of this analysis is just being done to satisfy our curiosity unless it is demonstrated that there is a violation of the residential noise limits, 55 dB by day, and 50 dB by night. Using the described methods, we can confidently address the first essential question: i) is the MMM M plant the source of the noise? The second question is then, ii.) Does the measured noise exceed the applicable limit? As prescribed by County Attorney Barker in the 2015 USR hearing before the BOCC, the measurement point is supposed to be at the boundary of the noise source property, in this case, Rock and Rail. However, all of our noise measurements have been collected from further away, typically about 650-750 feet outside the property line. This means that our measurements are all conservative —the actual noise level that is measured at the MM'I property line will be higher by several dB, depending on the actual source of the noise. But, for noise generated at the concrete plant, for example, the actual level at the property line would be 3-5 dB higher than our measurements indicate. Frequency Analysis O ?C -39dB A jb -45d8• -48dB- dB• A -5, 54dB Ali■1111 /■■Alll -57dB• 60dB- ■�'I --- -63.8• -66d:.■■■1111■ilt I I I -75d= •iiiir li Ida LI ■ II II II t 81dB -84dB= 1 1 a I le -90dB v ID 30.00Hz 100.00Hz 300.00Hz 1000.00Hz 3100.00Hz 10000.00Hz Cursor193 Hz (FR) a -40 d8 'Peak' 80 Hz (E2) _ -39.6 d8 l F✓ Grids Algorithm: Spectrum H Size: 2048 so L Ex port... Function: Hamming window 'v Axis: Log frequency VII Replot,.. It................ Close 11O 854 s' `b00h44m38.854s- RID h44m48.151 sm. Figure manufacturing 8A. Characteristic plant aggregate spectrum of handling. concrete 442350 44:30 45:00 45:30 46:00 46:30 47:00 47:30 4D:DD 4D:3D 49:00 39-16 3.0k- 25k. Mk- 1.Cw- 1.0k 05k• 1 i 4I t I' '. l j �� N 4 I 4' 11.. i i G 0;0k �' . r.. it :f, ti! Snap -To I.4udioPosdcr• S. iandEndc2Sa's+knn Ce ',Hoeh46m.07.3343+ i0Un46m07.3343•Nooh4-6m0Y.334.' Figure handling 8B. Spectragram noises emanating of multiple from Rock aggregate and Rail plant. Moreover, since the decibel scale is logarithmic, other ambient noises have less impact as the property line is approached. The final step in our analysis is therefore to tie the noise spectrum and/or spectragram back to the noise level measurement. In the particular case of the aggregate dumping sounds, which occurred at about 7:44 AM, the noise level measurement clearly indicates that this noise level due to the aggregate handling was in excess of the residential noise limit, 55dB, at the time of that the measurement was taken. In figure 9, the noise level measurement from 7AM until about 10:35 AM is presented. Importantly, all of the noise events recorded here occurred in the absence of any train or locomotives on the site. It is NOT railroad noise. However, as the plot clearly shows, there were number times during this window that the measured noise exceeded the 55 dB residential limit. It was not continuous, but it was also not predictable so that only continuous monitoring would be a reliable method of confirming compliance with the standard. In particular, the Plant Noise June 30, 2020 Time is MDT No train on site I. :. .- ,.-., LII SOW 4 r T 1 t 1 9 I 1 1 * 171 v is 1 Tip Fir i 45.40 m a �p M1M1 y 1� M �y + p y� ry �p Q A Q �y S elt;AaigA Sa 42 N A 24 q �n ��Ny MRO *X2 gM g V“IM pSM='.4 �K 7 i lyat R4V v c G LS qAS$ 440741A 8.1?" i�fBfORgglifilli�f!t$2:.eS9F:KAPIA ?Y! g13 - =',Pifi1R�;Z:39` ?i]R`"wR'rclHgA o o W m W r m 9 cor m w 9 c A r C _ - _ _- _ S iT OS -- _ O e C pz^ n n O .a Figure demonstrating dashed aggregate 9. circle Noise handling indicates level residential measurements activities the noise limit period occurred. when on 6/30/2020 exceedances. the analyzed The timing of the described dumping/aggregate handling activity confirms that this occurred at the same time that the noise limit was, in fact violated, about 7:44 AM. Especially when it is understood that the dumping noises were not the only noise present at the time, its undeniable that the Rock and Rail concrete and aggregate operation are routinely exceeding the residential noise limits that were imposed by the Weld County USR permit. Conclusion In summary, by doing a careful analysis of all the properties of the noise that is measured near the MMM/R&R site, we are able to confidently assign the source to many sounds that emanate from the activity on the site. Although our ability to analyze every sound is limited, when we are able to develop the full "fingerprint" of a noise, we can be sure that the source characteristics, based on weeks and months of measurements is correct. Any attempt by MMM/R&R to dismiss our results as incomplete or incorrect is simply misguided. Appendix A. Flowchart of Noise Analysis Because our level of detail and depth of analysis may not be familiar to either BOCC members or, in factCounty staff, here we provide a detailed flow chart for our process. Because of this level of detail, we are completely certain when we conclude that a particular sound does or does not come from the R&R plant. Indeed, because not all sounds can be clearly identified and categorized, the source of some noise remains uncertain. However, much of the time, our procedures are sufficient to determine whether or not noise violations in excess of the residential noise standard have occurred. Collect Noise Level Measurements Classify sounds Identify sounds Noise Violation Yes Yes Listen to audio recording Noise Violation It's worth pointing out that there is equipment that is commercially available that does some of this type of analysis in a less manual fashion. The product, known as the "Noise Compass" is able to not only detect the direction from which the noise emanates, but also the elevation, which allows the discrimination from outside sources such as aircraft. While highly desirable for a continuous, real time effort to monitor the noise source for compliance, the cost of this equipment is beyond the budget of a citizen group such as CLR-34. The datasheet and other information about the Noise Compass is attached. V Noise Compass Harerwre raorCbcld MOrReview Specifications More i EN Y AN Norsonic Noise Compass Noise Monitoring with directidrCL • • Q Noise Compass Hardware NarCioud NagReview Sp ci!-_arIcra Mare Specifications Horizontal angle range Vertical angle range Sound pressure level range Operating conditions Horizontal accuracy Vertical accuracy Calibration Operation principle Time resolution Filtering Time averaging Instrument compatibility Software compatibility 0 Noise Compass Mounting ingress protection Connectivity Power supply 0 to 360 degrees - 90 to 90 degrees 40 to 123dBSPL re. 20 pPa - flee-field ± 7.5 deg. , std. dev. typ_ 2.0 deg. ±10 deg. , std_ dev. typ. 4.0 deg. Factory calibrated with certificate Multi -correlation 100 ms A -weighting Exponential time and 10 ms max h4or145 and Nor150 ` orCloud and NorReview Hardware NorOCud NorRteaiewSpeci tatioru More Nor1218, Nor1217 and Nor1218 compatible EP55 Ethernet 100 mbps 5V to 15 V passive power -over -ethernet Hatiexilal accmary aging vertical accuracy u..,reragoo ar. Source: https://www.noisecompass.com/ NV Norson/c r+ Norson/C Appendix B. Relative noise level of multiple sources One of the expected claims from MMM/R&R is that it is not feasible to determine that the noise contribution from the facility is actually in violation if there is significant other noise present. While fundamentally untrue, some explanation is useful. Because noise is a logarithmic scale, two noise levels don't add linearly. That is, two signals that are each 50dB don't sum to 100dB, but rather 53dB. Similarly, two noise levels that are each 60 dB result in a total of 63dB. At the same time, if one level is 60 dB and a second level is only 55dB, the sum of the two noise levels is actually only 61.2 dB. (see https://www.noisemeters.com/apps/db-calculator/ for these calculations.) Since typical precision of the Noise Level Meter is either _/- 1 or 1.5 dB, the effect of adding the additional 55dB signal is barely noticeable. However, if the known background, due, for example to US 34 traffic is 60 dB, then a measurement of 62dB would indicate that the plant was producing 57.7 dB, which under the night time limit (50dB) is a substantial violation of the residential noise standard. If the total measurement is instead 65 dB, with the 60 dB background, then the plant is producing 63.3 dB, which is a violation of the residential limit at all times of day and night. These results are summarized in the following table. Measured Noise Total Level 40 dB Background 50 dB Background 55 dB Background 60 dB background 55 --- --- 58 57.9 57.3 --- 60 60.0 59.5 58.3 --- 63 63.0 62.8 62.3 60.0 65 65.0 64.9 64.5 63.3 67 67.0 66.9 66.7 66.0 70 70.0 70.0 69.9 69.5 Daytime limit (55 dB)exceeded. Thus, given that the background noise level at the measurement sites in Indianhead Estates -West as well at Rockin' S Ranch are essentially ALWAYS less than 60dB, any noise level measurement that indicates a total noise level higher than 60 dB means that a residential noise limit violation is occurring. The violation MAY occur if the total noise is low•.er than 60dB, depending on the time of day. So, for example in the early morning, when the background is as low as 40dB, any measurement above 50 dB would mean that a violation is occurring. Property Value Losses are Real MMM/RR's Highway 34 Facility Has Cost Indianhead Estates West More than $600K So Far July 20, 2020 By Ellen Kisker, Ph.D. with Melanie Schlotter 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. Property Value Losses are Real The MMM/RR Hwy 34 Facility Has Cost Indianhead Estates West More Than $600K So Far The real estate report submitted by MMM-RR (by Andrew Abrams) has several important flaws that invalidate its conclusions. • The report submitted by Martin Marietta Materials/Rock & Rail (MMM/RR) defines "appreciation" as the increase in median sales price, but that says nothing about the value of any specific home. It says more about the real estate market and the types of homes being put on the market than it does about what is happening to the value of any specific home. • This is especially a problem when the number of sales each year is small. The number of sales in the area around the MMM/RR facility was small during the period (5 to 7 sales per year in Indianhead Estates [IH]). Abrams' report actually presents "averages" based on a single transaction, which is meaningless. • No careful comparison is made to what happened in similar neighborhoods, which is essential for interpreting the information. To address these limitations, we conducted a more careful analysis. • We looked at the actual values estimated by the Weld County Assessor for all homes in IH in all recent assessments. Because the number of sales was small, it is more instructive to look at property values of all homes in IH. The Weld County Assessor estimates the total actual value of each property every two years, and those data are available in the Weld County Property Portal, where Notices of Valuation (NOVs) are posted (more information about the total actual values estimated by the Assessor is in Appendix A). • We looked separately at changes in assessed values between each two-year period. Because construction of the MMM-RR facility was not completed until 2017, buyers in the early part of the 2015-19 period may not have been aware of or taken into account the MMM-RR facility next door, while buyers later in the period could easily see the large facility next door and could have factored it into their purchase decision. • We found a similar neighborhood and looked at what happened to property values there. We chose the Mad Russian neighborhood in Millikin, because like IH, it backs onto a highway (Highway 257), is near Great Western railroad tracks, and is surrounded by open space. The lots in part of the neighborhood are also larger than they are in many neighborhoods and closer in size to IH than other neighborhoods. MR proved to be an excellent comparison neighborhood for Indianhead Estates West (IHW), which is nearest the MMM/RR facility. It is an excellent comparison because appreciation rates in the period prior to MMM/RR construction are equivalent. Therefore, we focus on IHW in this report (see Appendix B for more discussion of the analysis method used in this report). 1 We found clear evidence that IHW residents did not experience the full appreciation of their property values that they would have in the absence of MMM/RR. • While property values increased in IHW between 2015 and 2019, most of that increase occurred prior to construction of the MMM/RR facility. On average, assessed total actual values increased by 23% between the 2015 and 2017 NOVs (prior to construction of the MMM/RR facility) but by only 10% between the 2017 and 2019 NOVs (after construction). See the graph below. • Indianhead Estates West (IHW), which is nearest to the MMM/RR facility, initially experienced property value appreciation very similar to Mad Russian (MR), but after the MMM/RR facility was constructed, appreciation in IHW was significantly lower than in MR. Prior to MMM/RR construction, appreciation in assessed total actual values was about the same (23% and 22% in IHW and MR, respectively, between the 2015 and 2017 NOVs). After MMM/RR construction, however, assessed total actual values increased by only 10% in IHW, compared with 14% in MR. • If IHW had kept up with MR appreciation rates, the 2019 assessed total actual values would have been, on average, $22,241 higher than they actually were. In IHW as a whole, this amounts to a loss in property value between the 2017 and 2019 NOVs of well more than half a million dollars ($600,512). • Total assessed values do not yet fully reflect the effect of MMM/RR on property values in IHW, because the most recent assessment available is not based on a full period of facility operation. Moreover, the losses already evident will grow at compounded rates in future periods. Table 1. Appreciation in average assessed total actual values Indianhead Estates West (26 homes) Mad Russian (143 homes) Appreciation rate between 2015 and 2017 NOV (before MMM/RR construction) 23% 22% Appreciation rate between 2017 and 2019 NOV (after MMM/RR construction) 10% 14% Appreciation rate between 2015 and 2019 NOV 35% 38% NOV = Notice of Valuation prepared by the Weld County Assessor Note: The total assessed values of each property in the neighborhoods were obtained from NOVs posted in the Weld County Property Portal. All homes in each neighborhood for which total assessed values were available at all time points were included (homes built during the period are not included). See Appendix A for more information about assessed total actual values. 2 Appreciation Rates Before and After MMWRR Facility Construction r Appreciation in assessed total actual value 20% 15% 10% 5% 0% Before MMM/RR construction 23% 224 • M�63�ti 14% it 10% After MM1'0/RR construction —s-Mad Russian ■ Indianhead West Note: Our conclusions are based on the comparison between IHW and MR, because these two neighborhoods experienced virtually the same appreciation rate, on average, in the period before construction of the MMM/RR facility (see Appendix B). Appreciation rates for IHE and IH as a whole are included as descriptive contextual information. Conclusion MMM/RR reduced property values in IHW below what they would have been had the MMM/RR facility not been built, costing each resident more than $20,000, on average, by the 2019 assessment. That loss will be compounded in the future, because future appreciation will occur on a smaller base value and because the effects of the MMM/RR on property values are likely to be more severe once asphalt manufacturing is added to the site. The full effect of operation, primarily noise and dust, on property values has not had a chance yet to be seen in the Weld County Assessor's data. The next assessment, based on the period from January 2019 through June 2020, will show more completely the effects of MMM/RR on IHW property owners. NOTE This report was prepared by Twin Peaks Partners, LLC, a local small business providing research and evaluation consulting services to diverse clients. Twin Peaks Partners' Managing Partner has more than 30 years of experience conducting rigorous evaluations of interventions and policy changes. 3 APPENDIX A Total actual values estimated by the Weld County Assessor The Weld County Assessor follows legal requirements for determining taxable property values set by the Colorado legislature and rules promulgated by the State Department of Property Taxation to assure that all like real property in CO is valued nearly the same for tax equity. The Weld County Assessor uses a market approach to determine the actual value of real property, calculating the value based on an analysis of arm's length sales of similar properties. For the 2019-2020 appraisals, for example, the actual value assigned to residential properties is based on sales and other market data from January 1, 2017 through June 30, 2018. This data gathering period, called the base period, is prescribed by Colorado statutes. In determining total actual values in IH, the Assessor uses sales in the same neighborhood if at all possible, so the total actual values for IH properties will reflect any effects of MMM-RR on sales prices. In a meeting with residents in 2017, the Assessor indicated that they were very aware of the MMM facility and its potential impact, and they chose a pretty narrow set of transactions, as well as looked for any sign of property value degradation. Although there were 19 transactions in all of IH during the period from 1/1/2015 to 1/30/16, there was simply no evidence of an effect, as might be indicated if the rate of increase in sales price changed around the beginning of 2016. According to the Assessor, the appreciation rate in all of IH was around 0.8% per month for the period under consideration (January 1, 2015 to June 30, 2016). This is not surprising, because while the "news" of the facility should have been in the marketplace as of 8/12/15, MMM did not start significant activity on the site until April or May 2016 (and construction of the facility wasn't completed until 2017). If you take into account that the latest, comparable transactions may have already been under contract before site activity began, it is not surprising that an effect was not observed in the 2017 NOV period. APPENDIX B Explanation of analytic methodology The analysis of appreciation rates uses a matched comparison group (a neighborhood with similar characteristics and appreciation rates in the pre-MMM/RR facility period) to estimate the effect of the MMM/RR facility on appreciation rates in IHW. This approach is commonly used to evaluate interventions and policy changes on outcomes of interest. In this type of analysis, the more similar two groups are prior to the change being studied, the more likely any differences between groups after the change being studied was caused by the change being studied. MR proved to be a strong comparison group for IHW. Not only is the MR neighborhood located adjacent to a highway, near the Great Western railroad tracks, and surrounded by open space, the appreciation in the average total assessed value of homes in MR prior to construction of the MMM/RR facility was very similar to IHW (22% in MR compared with 23% in IHW). This demonstrated similarity of the neighborhoods in the period prior to construction of the MMM/RR facility means that any difference in appreciation rates in the period after construction of the MMM/RR facility is very likely due to the facility. 4 Because MR is not as strong a comparison group for IHE or IH as a whole, we focused our conclusions on the comparison between MR and IHW. The average appreciation rate in the period before MMM/RR construction was larger in IHE (32%) than in MR (22%). After construction of the MMM/RR facility, however, the appreciation rate was larger in MR (14%) than IHE (11%). To the extent that the initial difference in appreciation rates was due to fixed differences between MR and IHE, the analysis looking at differences (between neighborhoods) in differences (in appreciation rates) controls for the initial difference. However, any differences between neighborhoods that did not remain constant during the study period may have contributed to the post-MMM/RR-construction difference in appreciation. All homes built prior to the study period for which assessed total actual values were provided on the Weld County Property Portal for all three NOVs (2015, 2017, and 2019) are included in the analysis. Because the appreciation rates were calculated for the entire population of built homes, not just a sample of homes, there is no sampling error reducing the precision of appreciation rates estimated. 5 Documentation and a New Map: Rock and Rail's Map of Existing Land Uses is Deceptively Inaccurate July 20, 2020 By Dave Kisker, Ph.D. Larry Sipes Ellen Kisker, Ph.D. 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. When considering whether changing the zoning of the land on which the Martin Marietta Materials/Rock & Rail (MMM/RR) Highway 34 Facility is now located to 1-3, Heavy Industrial, the criteria in the Weld County Code require that all of the allowed uses on thel-3 zoned land be compatible with surrounding land uses. It is self-evident that in order to assess compatibility, it is vital that Commissioners work with accurate information about what the actual current uses of surrounding land are. IV1I M/RR has presented a map of current land uses that looks like this: EXISTING LAND US.HES HWY34 Terminal .a Su rrounding Land Uses L �CH and Gs Jr_- afiniFicosy Lasuae r--:rrsr r kPsi!& fL L iFi :.Y rS:.Y Metal :Inn& SuintOo D3 DA D This map suggests, and MMWRR asserts using it, that the area around the Highway 34 Facility includes considerable industrial and commercial land uses. Anyone who lives here or is familiar with the area, however, knows that this is far from the truth. To demonstrate that, we looked more closely at some of the parcels that MIMWRR claims are commercial or industrial/extraction or PUD-Mixed Use. We examined the ownership and zoning of each parcel, and we photographed the land as it looks in July 2020. This documentation proves that the map presented by MM M RR is an inaccurate portrayal of current land use. 1 On the following pages we present six examples of elements of the WIN/1 M/RR map that are inaccurate. Following these examples, we present an accurate map of current land use in a sixteen square mile area around the Highway 34 Facility►. 2 Example 1: Property north of Hwy 34 between WCR 13 and WCR 15 is designated industrial/extraction but current use is agricultural "se\ryt EXISTING LAND USES HWY 34 Terminal - Surrounding Land Uses Legend Railroad Major Highway Interstate OH end Ga.. Properly Hwy 3a Facility Land Us. Comm$rciz' 1 I n du stral/ e•Irau1iuti Rc,idvtibal PUD - Mixed Use N h 0 02 04 06 HIGHWAY 34 TERMINAL l CHANGE OF ZONE 3 Weld County Planning Commission -June 15, 2020 15 NOM Sag 1 34 Ti saggps_golle. 1 ■iii■ II telt ■ Ma II Surrounding Land Uses Legend 44+0 Railroad Major Highway Interstate tfil and Gas Property lHwy 34 Facib'ly Land Use Commercial I n du stria i.: Extraction Residential PUD Mixed Use Owner: Zeiler Farms, Parcels 0957070300002 and 095708000041, zoned Agricultural 28204 County Road 15, Windsor Colorado 4 The following images were taken July 3, 2020 --.---_ ate. T.. -f -Jibstet —• T...• _ • l a. II weir 3 4 - - - I ? r rv• i • ,.�,irti-:waii'� 2 - . -sue -. (-it- - ...IS. knit -- Vim%".1 sat- ti. 7 -tit SWISS 5 Absolutely no industrial activity can be seen on this land. To designate it as such on a map of existing land uses is WRONG. 6 Example 2: Property north of Hwy 34 west of WCR 13 is designated commercial but current use is agricultural °`� EXISTING LAND USES HWY 34 Terminal - Surrounding Land Uses Legend witspierati. !if dad Major Highway Interstate Oil and Gas Property Hwy 34 Facility Land Us. Commercial In dostrial' Extraction Residential PU6 • Mired Use N A _aleUnw} 04 06 HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Planning Commission - June 16, 2020 15 The depicted area is made up of two parcels. The first is: 1. Owner: North Timnath Properties. LLC, Parcel R1657658, 103 acres for Extraction 2. Owner: Miracle on 34 LLC, Parcel R0429660, 1313 Acres zoned PUD-Mixed Use. Existing land use of Parcel 0429660 is approximately 95% agricultural. = R1657658 R0429660 a i t I In fri: tSlalesiH};):34 U�r�ite,S yfriAAVeallanliallgdlicarestifyvy 34 - The following images were taken July 3, 2020 • poor grew -r ` • ''fit ft Cs- le 1 8 L.. AIWA Hwy a 4 a k 94!„, wavy - 4.. Ys:+r • ism, it�� J _ ._. - _ "'.der.•. a4...•-grirfltraY'l3 n;;y r`J 3.s .. $ * omen 1 6 .in.41. INS Absolutely no commercial activity can be seen on this land. There is a small amount of oil and gas activity, and the majority of land is currently agricultural. To designate it as commercial on a map of existing land uses is WRONG. 9 Example 3: Property north of Hwy 34 on WCR 17 is designated commercial but is currently a community college and empty land tan afrte EXISTING LAND USES 15 HIGI-IWAY 34 TERMINAL I CHANGE OF ZONE 10 HWY 34 Terminal - Surrounding Land Uses Legend lea Rams mom ,m,.oed c Oa and Gas Props.* Hwy 34 FaciWy Land Us. J Dawn small Ir,wilr v[h taw esttas Reasdensal PUD- Mued Use Weld County Planning Commission — June 16, 2020 surrounding Land Uses a Railroad Major Highway Interstate Oil and Gas 'Property Hwy 34 Facility Commercial This section of the map contains several parcels, which are described further here: Aims Local College District, Parcel 095708407001, zoned Commercial 1130 Southgate Drive, Windsor p tir) rLc:' Jainb• v 11O11 Owner: South Gate Business Park Subdivision, Parcels 0975708401009, 0955708401010, 0095708406003, zoned Commercial 900 South Gate Dr. Windsor U To group these parcels together and designate them as currently used for commercial operations when the majority of the land is currently empty and one parcel contains a community college is misleading and WRONG. Example 4: Property south of Hwy 34 on WCR 17 is designated commercial but is a farm with a seasonal corn maze ti„,1O1 EXISTING LAND USES HWY 34 �nrrninal - Surrounding Land Uses Legend —seek Raltaad Hajar Hlphwiuy (Ml and ass Nro,xrq Hay 14 Facility Land Use Commercial InductriaL Ealracuen nesedentiel PUQ - Mixed Use M A 5cswmt 0.2 0.4 0.6 HIGHWAY 34 TERMINAL 1 CHANCE OF ZONE 13 Weld County Planning Commission -June 16, 2020 Property Hwy 4 Falabl y Land Use Commercial 1 Industrial/ Extraction Residential PtJD_ MixedUse 15 Owner: Haskins Farms LLC, Parcel: 095720100004, zoned Agricultural Existing use is agricultural year -around with the exception of a USR granted for a corn maze on the north end of property during Halloween season. The following images were taken Jul ► 3, 2020 14 Designating a large farm as commercial because it devotes a small proportion of the land to a seasonal corn maze (allowed by a USR) is misleading and WRONG. 15 Example 5: Property north of Hwy 34 and east of WCR 13 is designated PUD-Mixed Use but is currently agricultural ta,z/teR ail EXISTING LAND USES 15 HIGHWAY 34 TERMINAL / CHANGE OF ZONE HWY 34 Terminal - Surrounding Land Uses rrthrsrj8.t, En traction Weld County Planning Commission - June 16, 2020 This entire area is zoned as "Mixed Use" and is made up of 9 parcels totaling 147.2 acres. However, farming is the actual "Existing Land Use" on seven of the nine parcels. 16 Mixed Use consists of: Electrical substation: 3.1 acres Extraction operations: 5 acres on 2 parcels Town of Johnstown Water Tower area: .9 acres Residential: 3.6 Acres Agricultural: 134.6 Acres (90%) The following image was taken July 3, 2020 This land is part of Johnstown and zoned PUD-Mixed Use. Johnstown describes the intent of this zone as: Intent. The PUD-MU Mixed Use District is created to allow the integration of higher - density residential, commercial and employment/light industrial development within an area so as to facilitate the formation of a self-sustaining project. Light industrial uses are permitted, provided that they complement the commercial uses and do not substantially negatively impact the residential uses. Note Johnstown's emphasis on the compatibility of any light industrial use with commercial and residential uses in the zone. Absolutely no industrial, light industrial, or commercial activity can be seen on this land currently. To designate it as anything but agricultural on a map of existing land uses is WRONG. 17 Example 6: Property east of the Highway 34 Facility is designated commercial, but the majority of the land is agricultural S'` EXISTING LAND USES HWY 34 Terminal - Surrounding Land Uses Legend Ram Mapes Mira y n� rr+tsreaM 0.1 ene Gas Propcity Hwy 31 Fealty Land use Industrial: Extraction Residental PUG - Mrxed Use M A Scay- 0 az d oa HIGHWAY 34 TERMINAL I CHANGE OF ZONE Weld County Planning Commission -June 16, 2020 15 Owner: Cheryl Friede dba: Rockin S Ranch, Parcel 095718400054, zoned Agricultural with a USR for a wedding venue. 6943 WCR 56, Johnstown, CO The entire area is depicted as 35 acres of commercial operation. The residence and wedding venue take up approximately 5 acres. Existing land use is approximately 30 acres agricultural (86%). 18 This image was taken on July 3, 2020 Designating a large parcel as commercial because it devotes a small proportion (14%) of the land to a wedding venue (allowed by a USR) is misleading and WRONG. 19 An accurate representation of current land use Starting with Google Maps street view and using Weld County and Larimer County land use maps, information about zoning of parcels in the area of interest, information about what zoning designations mean, and local knowledge of current uses of land in this area, we prepared a much more accurate portrayal of current land use: Conservation Land Agriculture Ag Related Commercial Residential Office Mining Light :ndu:strial School, Church., Hospital This map shows the area from 1-25 to WCR 17 and from Crossroads Blvd on the north and Highway 402 on the south. It is important to note that: • There are currently no other parcels zoned heavy industrial in this area, nor are there any current heavy industrial land uses in operation. • There are few commercial operations east of the Centerra/Johnstown area on the west edge of the area. • There are currently few light industrial land uses in this area. Those that exist consist primarily of the Walmart distribution center on Crossroads Blvd and indoor light industrial operations including several companies in Kelim and the Canyon Bread Company, Coke, and Carrier facilities in Johnstown SW of Kelim. • The vast majority of the land is currently used for agriculture. 20 Conclusion As the examples above prove beyond doubt, the map of existing land uses provided by MMM/RR is WRONG. It is inaccurate and misleading. It cannot be trusted and should not be used by the Weld County Commissioners in their assessment of the compatibility of all allowed uses in the 1-3 Heavy Industrial zone with surrounding land uses. An accurate map of the area demonstrates that the area remains largely agricultural, with some residential uses, a few commercial and light industrial operations, and not a single heavy industrial operation. It has been that way since 2015, when MMM first applied for a USR. The fact that the area remains largely agricultural proves that any claim that the area is inevitably "going industrial" is not true and has no basis in what is happening on the ground. County staff may think that it should become more industrial or wish that it will become industrialized, but there is nothing in the planning and zoning to indicate that nor is there any other change beyond MMM/RR's facility occurring that points to that as the direction of future development. It is an irrefutable fact that the vast majority of current land uses surrounding the MMM/RR Highway 34 facility are agricultural and residential, land uses that are not compatible with all allowed uses on 1-3 zoned land. As a result, this rezoning application does not meet the criteria for rezoning and must be denied. 21 5-14-2020 Dear Weld County Planning Commission, I am writing to request your opposition to the Weld County Rezoning Application Case COZ20-0004. Rock & Rail LLC and/or Gerrard Investments LLC property located at 27486 CR 13 & 6433 CR 56 from zoning A to 1-3. An 1-3 Zone is inconsistent with the current and future use of this area. This property abuts the Indian Head Estates residential neighborhood and agricultural land. This property is in an area that is projected for urban and residential development not industrial development. Heavy industrial use of this property has already negatively impacted this area by adding increased truck traffic, train traffic, dust, odor and noise pollution. The building of the Martin Marietta plant a few years ago was grossly misplaced in this agricultural and residential area. This zoning change will further negatively impact the quality of life in this area. The enjoyment of a peaceful, quiet quality of country living and the potential to impact property value has been affected since this company has moved into our neighborhood. I am asking for your careful consideration as you hold the future of the quality of life in this neighborhood your hands. Respectfully, Lee Anne Rosenquist 27740 Blackfoot Rd Loveland, CO 80534 EXHIBIT Jessica Reid From: Sent: To: Cc: Subject: Hello, w Cotac - oao 4 Esther Gesick Tuesday, July 21, 2020 11:09 AM ROYAL CATHERINE Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Denial of MM - Rocking Rail zoning Your email has been received and by copy on this message will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 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: ROYAL CATHERINE <kupec5@msn.com> Sent: Tuesday, July 21, 2020 10:42 AM To: Esther Gesick <egesick@weldgov.com> Subject: Denial of MM - Rocking Rail zoning ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Esther Gesick, Clerk to the Board I would like to voice my concerns for not allowing Rocking Rail / MM cement plant re -zoning. First the noise has been very detrimental. I have noted and seen they have tried to install walls to reduce the noise. However, it has not helped, it should also be noted just days before the re -zoning hearing. If they wanted to be a good neighbor this could have been done over 5 years ago, but it was not. Second, the amount of nuisance dust coming off the plant is all over my home, furniture, cabinets and dishes, the silica dust on our lungs will be a future lawsuit and all of this is because this plant is not compatible with the neighborhood/area. It should not have never been allowed to be built. The Colorado Court of appeals also agreed, but yet here we go again!!! The plant is NOT compatible with our area. I do understand that Weld County is mad that the housing development is here, although I had nothing to do with it or the approval. Maybe it is the county fault, all of these problems may not existed if Weld County had a master plan and followed through with it. As of right now this is nothing more than spot zoning. This rezoning needs to be denied. 1 Reasons for denial: Not compatible Noise Nuisance Silica Dust Hours of operation are a nuisance Colorado Court of appeals denied regardless of name Spot Zoning More than eight other cement plants within 30 miles — not needed! Rail cars held up traffic and create an additional danger that was not there prior Royal Jay Kupec 27761 Hopi Trail Johnstown, Co 80534 Sent from Mail for Windows 10 Jessica Reid From: Sent: To: Cc: Subject: Esther Gesick Tuesday, July 21, 2020 11:16 AM Holly Herson Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Public comment for meeting on Wednesday Hello Ms. Herson, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street) P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 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: Holly Herson <holly.herson@gmail.com> Sent: Monday, July 20, 2020 7:03 PM To: Esther Gesick <egesick@weldgov.com> Subject: Public comment for meeting on Wednesday Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Gesick and the Commissioners, I would like to include this statement as public comment for the Johnstown zoning meeting this Wednesday. I unfortunately am unable to make it to the meeting, as I am a healthcare worker and will be seeing patients during this meetln g As a resident of Milliken, and a native of Weld County, I am concerned, and frankly disgusted with the objective to change the zoning from agricultural to heavy industrial near businesses and communities. The heart and soul of Weld County is the agricultural industry. The businesses that have grown in this area are specific to the charm of the agricultural nature of our communities. This change in zoning will cause lasting harm to the businesses and the economies of the Johnstown, Milliken, and surrounding communities for generations to come. As the candidate for House District 48, these businesses, these people, and these communities are of my utmost concern. I implore you to vote no on this rezoning, and allow this area to remain zoned agricultural. I implore you on the grounds that our economies in Weld County will see more harm than benefit from the rezoning; the charm, heart and soul of our agricultural founding will be forever tarnished. We must listen to the people in our communities. They are the ones who 1 1 live, work, raise families, and make a life here Growth in our communities cannot occur when there are heavy industrial zones in their backyards It is imperative that we take into consideration the proximity to the major areas of commerce and business, and the avenues for commuting from our bedroom communities If we are to attract business, and grow our economies we cannot place heavy industrial areas between our neighborhoods and economic progress and prosperity I thank you for the opportunity to write my statement, and I have hope that the right decision for the people of Weld County will be made Thank you, Holly A Herson Constituent of Commissioner District 2 Resident of Milliken Candidate for House District 48 r 2 Jessica Reid From: Sent: To: Cc: Subject: Esther Gesick Tuesday, July 21, 2020 12:44 PM Chris Dighero Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Rezoning Application COZ20-0004 Hello Chris, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 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: Chris Dighero <cgdighero@gmail.com> Sent: Tuesday, July 21, 2020 12:36 PM To: Angela Snyder <asnyder@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: Rezoning Application COZ20-0004 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Weld County Board of County Commissioners - My name is Chris Dighero, a born and raised Colorado Native. I am actively involved in our community via my full time job with an oilfield services company and part time with my jobs via professional sports teams around the state. A rezoning application COZ20-0004, was recently brought to my attention. It was brought to my attention on how it will affect near -by businesses, and one business in particular that is dear to my heart: The Rockin' S Ranch, a wedding venue that my wife and I recently had the honor of getting married at. Weld County has a well known GEM of a venue that shows off not only your county but the beautiful state we live in. Colorado is becoming a destination wedding location for many people around the country, and after touring many venues around the state for our wedding, I can honestly say there isn't a better venue that represents our state, and your county, than the Rockin' S. 1 With this rezoning, it will negatively affect your attraction that neighbors the zone in question. The view, the sounds, the smells that will come from this expansion will change the landscape of the beautiful land you have, long term. Asphalt has a smell unlike any other, buildings and infrastructure will ruin the skyline, and the increase in traffic will be more than the roads around this venue can handle. All of these things are not what future brides and grooms are looking for when they are locking on a place to start forever together, especially out of town destination couples that the venue will for sure be attracting in the near future. If taking this step to expand this infrastructure will expand the business, at what cost are we willing to sacrifice other smaller businesses to do so? These other smaller businesses represent what Colorado is in its beauty, and in its opportunity; not only opportunity for the owners and future business owners, but the opportunity we have to show off Colorado's mentioned beauty to tourists/couples that want to start their forever journey together, with our state and your county as their background. More people want to move here and get married here than ever before, because of what the Rockin S and Weld County currently showcases. We stand with our venue, and with other home/small business owners that are in opposition around the zone in question. We hope you take this letter into consideration along with the others I'm sure you are receiving. This venue will be bringing thousands of people to your county, so show off it's beauty and grace, and I pray that it will be there for years to come. It would be a shame if the venue, future newlyweds and other businesses lost opportunity, in order to give one business theirs. Best Regards, Chris Dighero Chris Dighero 720 989 6372 CGDighero@gmail.com 2 'COLORADO er_. LENDING SOURCE Case #: COZ20-0004 for Public Record Tuesday, July 21, 2020 To: Ms. Angela Snyder Weld County Department of Planning Services 1 555 N. 17th Avenue, Greeley, CO 80631 Via email: asnyder@weldgov.com Weld County Board of County Commissioners: Colorado Lending Source, Ltd, is a private nonprofit entity whose mission is to foster the economic growth of diverse small businesses within the state of Colorado. For twenty- three out of the last twenty-six years in Colorado, small businesses less than one year old have created ALL the net new jobs in this state and without the jobs entrepreneurs create each year, communities such as those in Weld County would be a mere shadow of what they are today. Northern Colorado in general and specifically Larimer and Weld Counties in particular are the two most entrepreneurial counties in Colorado, creating a disproportionate number of new small businesses per capita in a state where the number of startups continues to decline year over year. I am writing to oppose Weld County Rezoning Application COZ20-0004 and request that the application be denied because it would impact local existing small businesses and actively discourage the creation and incubation of new small businesses. Historically, larger firms shed jobs in Colorado each year and the desire by Weld County Commissioners to reserve a larger swath of Weld County for use by a large company with headquarters outside the state is both short sighted and backward looking. In post-COVID Colorado, small business owners and entrepreneurs will help the state recover, not large corporations. Accordingly, please decline Weld County Rezoning Application COZ20-0004. Respectfully, Mike O'Donnell Executive Director Colorado Lending Source, Ltd. 1441 18" Street, Suite IOU, 1)em ei; CO 80202 Phone: 303.657.0010 www.coloradolendingsouree.org July 15, 2020 Weld County Colorado 1555 N 17th Ave. Greeley, CO 80631 Attn: Angela Snyder PFCFIVF JUL 21 2020 Weld County Planning Department GREELEY OFFICE RE: PROPOSED ZONING CHANGE, MARTIN MARIETTA HWY 34 ROCK & RAIL FACILITY (Rock & Rail, COZ20-0004) Ms. Snyder, I write to you today to express 4X Industrial, LLC's ("4X") wholehearted, unequivocal support for the proposed zoning change for Martin Marietta's Hwy 34 Rock & Rail Facility located at Hwy 34 and CR13 in Weld County. Changing the zoning for this facility from Agricultural to Industrial is important and beneficial to a variety of stakeholders. including 4X, its employees. and multiple other construction support businesses within Weld County. Given the market pressures currently facing company's like 4X who are active in Weld County's construction industry, including the local and significant impacts of the recent downturn in the oil and gas industry and the COVID-19 pandemic, everything we can do to manage our company's costs and keep our employees working is a priority of ours - and should be for you. The close proximity of Martin Marietta's facility is a hugely positive proposition for local construction contractors like 4X. Driving fewer miles to source rock and aggregate materials will help our business in a variety of ways, including lowering our unit costs and the costs charged for our projects, increasing the competitiveness of our bids, potentially increasing employment, reducing wear and tear on our haul trucks, and decreasing vehicle emissions and traffic on our roads. Of course, the converse is also true. The Weld County construction industry needs your help and support. The proposed change to the zoning for Martin Marietta's facility is a sound one with many real benefits to companies like 4X, and we strongly encourage it be approved. I appreciate your consideration and welcome any questions you have. Sincerely, kt1 000A-u*C John L Warren, CFO 4X Industrial, LLC 800 8th Ave., Suite 300 Greeley, CO 80631 Mobile: (707) 845-3239 ImiAI III I or \3 Interstate Highway Construction July 15, 2020 Weld County Colorado Angela Snyder 1555 N. 17th Ave. Greeley, CO 80631 Re: Rock & Rail, COZ20-0004 Ms. Angela Snyder 7135 South Tucson Way, P.O. Box 4356 Englewood, Colorado 80155 Telephone (303) 790-9100 Fax (303) 790-8524 RFCFI\/ED JUL21 2U20 Weld County Planning uepartrrseni GREELEY OFFICE Please consider this letter in support of Weld County's proposed zoning change for Martin Marietta's Hwy 34 Rock and Rail Facility. Interstate Highway Construction Inc. (IHC) has a long-standing business relationship with Martin Marietta throughout the US and, more importantly, Northern Colorado. We have relied on Martin Marietta to support our work for Weld County throughout the years for both material supply and as a paving Subcontractor. Martin Marietta's Rock and Rail facility provides a critical terminal for delivery and distribution of materials essential for our business. Natural alluvial deposits are being quickly depleted throughout Northern Colorado. This results in the need for the import of quality materials to meet the demanding specifications governing our work. The Rock and Rail Facility allows for the more cost-effective import of materials from Wyoming to meet this demand, thus lowering costs for regional Owners and supporting our continued work for Weld County and Northern Colorado. In addition, another asphalt, concrete, and aggregate supply facility within the region fosters additional competition and competitive pricing for upcoming projects while assuring adequate supply can be met. The facility's location and proximity to US 34, I-25 and rail access allows for cost effective distribution throughout Weld County and Northern Colorado. IHC supports Weld County's proposed zoning change for Martin Marietta's Rock and Rail facility. This facility will not only help to support our continued business relationship with Weld County but will likely result in lower costs and taxpayer savings for the residents of Weld County. A RALPH C. WILSON COMPANY An Equal Opportunity Employer Interstate Highway Construction Test Letter Sincerely, ---'? Z.,__,... Greg Frazee Assistant West Division Manager Enclosures: None 2 J CONSTRUCTION COMPANY 20 South Sunset Street • P. 0. Box 1318 • Longmont, Colorado 80502 (303) 776-3456 • Metro (303) 444-8580 • Fax (3C3) 938-9955 Weld County Colorado 1555 N 17th Ave. Greeley CO, 80631 Attn: Angela Snyder RE: Rock & Rail, COZ20-0004 Mrs. Snyder, RFricnr JUL 21 2020 Weld County Pianiiing uepas talent GREELEY OFFICE Lawson Construction Company would like to express our support for Martin Marietta's Hwy 34 Rock and Rail Facility located at Hwy 34 and CR 13. Lawson Construction's business is dependent on aggregates and other building materials such as concrete and asphalt. Without these essential materials, Lawson Construction's business would not be able to continue operations. Lawson Construction does a substantial amount of business in Weld County/Northern Colorado and our office is located in Longmont, CO. At any given time, we employ 20-30 individuals who live in Weld County. Throughout the 30+ years we've been in business, we have done millions of dollars in business with Martin Marietta and they have been a great trade partner. Due to several factors including population growth, Northern Colorado's aggregate sources have been depleted to the point where we need to be looking elsewhere for aggregates. Both concrete and asphalt are time sensitive materials which need to be produced and installed within a few hours. The Rock & Rail facility is located in a great location that will allow Martin Marietta to service their customers in an efficient and cost-effective manner. Weld County is fortunate to have an organization like Martin Marietta Materials proposing to rail in aggregates and use them for concrete & asphalt mixes in a single location. By allowing Martin Marietta to produce concrete and asphalt at the Rock & Rail Facility, Weld County will benefit by keeping the cost of these everyday materials down. Martin Marietta is a wonderful company to do business with and their proposed facility will be a great asset to Weld County. Lawson Construction thanks Weld County for your consideration and we hope to continue growing with you in the future. Should you have any questions, feel free to call me at (303) 444-8680. Respectfully Lloyd La s J Vice Preside Lawson Construction Company "An equal opportunity employer" r Case #: COZ20-0004 for Public Record 7/21/20 From: Joe Gonzales Party Services 1021 112th St. Lafayette, CO To: Ms. Angela Snyder Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 asnyder@weldgov.com Dear Weld County Board of County Commissioners, I am writing this to strongly oppose the new zoning application for COZ20-0004 and wish for this application to be denied. I first met Chris Friede about 5 years ago when she began the business venture of starting her own event venue. I instantly fell in love with Chris and her beautiful property. Her event venue is so unique to Colorado and Weld County. I host events all over the state and her venue is absolutely stunning. My business hosts the bar service for all of her events and we've done 100% of the events that she's held. Party Services is a small, local, family owned business and we rely on partnerships like the one I've created with Chris. My company would not be able to stay in business if it weren't for partnerships like this. I'm concerned this new zoning of her neighbors will really impact her ability to market her venue. Clients choose her unique outdoor space for the beautiful view she has to the west. The rezoning of the Rock & Rail/Martin Marietta Concrete Operation would completely ruin the previously gorgeous views the venue has and destroy her business. This would also very negatively impact my small local business in doing so. Not only will the landscape view be ruined, but the smell and increased noise level at all hours would force Chris to close her venue and ultimately negatively impact my small business. I know how hard Chris has worked on her venue since I've been there every step of the way. She's invested so much time and money into the property and it would be such a shame to see all of this hard work go to waste. I don't know about you, but I know I wouldn't want to host an event at her property if this were to be approved. I urge you to deny the rezoning application as to not negatively impact both of our small businesses As you can imagine, this year has already been hard enough on all of us in the event industry I really appreciate your time and I hope you'll consider businesses like ours when you make the decision on the rezoning Sincerely, Joe Gonzales EXHIBIT .y d Jessica Reid From: Sent: To: Cc: Subject: e-oZx - O0O Esther Gesick Tuesday, July 21, 2020 3:58 PM Paul Echternacht Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Docket #2020-47, PL2360 Hello Paul, Your email has been received and will be added to the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street I P.O. Box 758 I Greeley, CO 80632 tel: (970) 400-4226 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. Original Message From: Paul Echternacht <p_echternacht@q.com> Sent: Tuesday, July 21, 2020 3:51 PM To: Esther Gesick <egesick@weldgov.com> Subject: Docket #2020-47, PL2360 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Commissioners, I find it amazing that the five of you, all espousing fealty to the sacredness of private property rights, would even consider denying those rights to the neighbors of Gerrard Investments, LLC, aka Rock and Rail, LLC. Rock and Rail, LLC, is a "limited liability company", a piece of paper, an entity that has no inalienable rights only those privileges granted by the state. Privileges which can and should be restricted to protect human rights. In this case you should restrict the privileges of the LLC to protect the private property rights of the neighboring property owners and reject Rock and Rail's request for a zoning change. Paul N. Echternacht 1 St L ,.. • - AL • a �M "r — e ^.C. r t yn *14 Ili= t•�� BIGHWAY 34 TERMINAL CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 Applicant: AgProfessionals Owner: Gerrard Investments LLC Lessee: Rock & Rail, LLC Legal Representative: Otten Johnson Robinson Neff + Ragonetti, P.C. EXHIBIT 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. . 4 4 4 \ tetect: REQUEST Change of zone from A Agricultural to 1-3 Heavy Industrial HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 2 !LI PRESENTATION OUTLINE INTRODUCTION BACKGROUND PLANNING ANALYSIS APPROVAL CRITERIA GOOD NEIGHBOR EFFORTS QUESTIONS AND ANSWERS HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 3 do> amtsibil PROJECT TEAM Owner Gerrard Investments, LLC Lessee Rock & Rail, LLC Planning AgProfessionals Legal Counsel Otten Johnson Robinson Neff + Ragonetti, P.C. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 4 a ACHIEVING BALANCE Land use decision -making is all about balance Supporting business and economic growth -�-��- Fulfilling comprehensive planning goals Accommodating a federally -regulated railroad Protecting private property rights Mitigating impacts through County regulation to ensure compatibility HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 5 WHY THE CHANGE OF ZONE? • Consistency with good planning principles • 133 -acre site served by mainline (Union Pacific) railroad • Close proximity to major highways and shod -line railroads • Currently developed with rail spur, transload yard, concrete mixing • Comprehensive plan supports industrial uses in this location • Align zoning with site's actual and future use • Site is an industrial site • Rail improvements are not going away • Rock & Rail can voluntarily place some operations under local control • County's 2019 code amendments prohibit use in Agricultural zone and encourage zoning of industrial uses in industrial zones • Complete site buildout as envisioned by 2015 USR approval HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 6 Atio*ch ticz!La PROJECT HISTORY A_ as Al November 2017 Colorado Court of Appeals reverses USR approval because noise modeling showed site operations would not comply with residential noise limits development standard twenty-four. We therefore conclude that the board abused its discretion because its finding of compatibility relied on a conclusion of noise mitigation that is unsupported by the record. USR allowing district court )nr. frnm rP- no injunction 2017 June 2018 Remand to BOCC for further findings 2G7 HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 7 WHO IS ROCK & RAIL? Class III, federally -regulated common rail carrier • Serving Colorado since 1998 • Interchange with UPRR and BNSF • Provide logistics, transloading, and car storage service to all industries. • Commodities handled include: Aggregate, mineral, magchloride, chemicals, cement, quarried stone, pipe and machinery, building materials P/11�e✓. r' -�s.nVlati AP Rock and Rail providing unit train cement service to a customer in southern Colorado Rock and Rail providing unit train rock service to the Parkdale Quarry, Southern Colorado HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 8 teliga COMMUNITY PROJECTS SUPPORTED BY HIGHWAY 34 TERMINAL :::- t ailwRil st Provided material to 22 Agricultural projects - R70 Ranch Dam Provided material to 128 Residential projects - Eagle Brook Meadows - City Center Apartments Provided material to 15 Education projects - Weld Central HS Provided material to 23 Retail projects - Johnstown Plaza Provided material to 53 Industry projects - Windsor Yard itt Provided materials to 84 Energy projects - Cummings 18-19 HZ - O'Conner Gas Plant Provided materials to 43 Roads and Highway projects - CDOT Weld County Road 39 Provided material to 15 Governmental and Other projects - Weld County Jail Expansion - COVlD19 Hospital - Johnstown Recreation Center - Greeley Fire Station HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 9 dt\gch tszediticAil COMMUNITY PROJECTS SUPPORTED BY HIGHWAY 34 TERMINAL Weld Central High School Retail - Johnstown Plaza City Center Apartments Greeley Energy — Oxy Cummings 18-19HZ • Energy — O'Conner Gas Plant Jail Expansion .� at,. I. O Cn2 as As. r _ *,,i ._ .. V. "' .'""' ill‘ --'..—� • f yam• _ • b. III •. !• mi i• !. .... •.. _. Roads and Highways — 83rd Greeley al 1 Industry — Windsor Yard ':R Governmental — COVID- 19 Hospital Governmental — Weld North HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 10 /4**\ ttga FEDERAL PREEMPTION "Transloading activities are covered by [federal Iaw]'s express preemption." --Judge R. Brooke Jackson, denying Clear 34's motion for summary judgment in the case of Rock & Rail v. Indianhead West Homeowners Association, Inc. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 11 ‘/t3!„ -te PROJECT HISTORY September 2018 Rock & Rail filed a declaratory judgment action with U.S. District Court to confirm that its operations were "rail transportation" under federal law; CLR 34 counterclaimed 2079 2020 I Early 2020 Rock & Rail files change of zone application in order to complete the buildout of the site HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 12 &A a`l DELIVERING AN ESSENTIAL PRODUCT Stone, concrete, and asphalt are used everywhere, everyday, by everyone How do we best locate land uses that provide these products? Provide for efficient delivery of materials to the site Consolidate processing on one single site Provide for efficient delivery of materials processed at the site to construction projects Highway 34 Terminal accomplishes all of these goals and might be the best site in the entire County to do so. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 13 THOUGHTFUL PLANNING TO SERVE CRITICAL INFRASTRUCTURE NEEDS The Highway 34 Terminal provides... Consolidation of uses on single, 133 -acre parcel of property at transportation node Advantages of rail -served concrete or asphalt mixing • Each train removes 800 truck trips from roadways —along with attendant traffic and environmental impacts Supports essential construction industry • Construction industry is a major part of county and regional economy —especially during the current pandemic HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 14 REGIONAL PLANNING DESIGNATIONS • ,„ t.r....errr..mere.anesesseesusseessases a.aas - ; map ._ a user generated static uutput from an Internet mapping :.:te and n r,_ . reference only Data layers that appear on this map may or may not be accurate rtjr►Pflf or ntherwKe •elabk HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 15 /dt* NEARBY INFRASTRUCTURE 16 HIGHWAY 34 TERMINAL / CHANGE OF ZONE HWY 34 Terminal - Infrastructure Legend lRtle Thompson Water District Waterlines l Railroad Major Highway Interstate Hwy 34 Facility Poudre Valley Rural Electric Association, Inc. Boundary M A Scale(rnl ) 0 0 2 0.4 0.6 Weld County Board of County Commissioners — July 22, 2020 EX STING AND ZONED LAND USES I n I CI & sb�QMOS HIGHWAY 34 TERMINAL / CHANGE OF ZONE HWY 34 Terminal - Surrounding Land Uses Legend 04444+04 Railroad Major Highway Interstate Oil and Gas Property Hwy 34 Facility Land Use Corn mercial Industrial/ Extraction Residential PUD - Mixed Use A Scalern,i 02 0.4 Weld County Board of County Commissioners — July 22, 2020 17 APPROVAL STANDARDS 1. Consistency with Comprehensive Plan 2. Compatibility with surrounding uses 3. Adequate water and sewer service 4. Adequate street and road facilities HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 18 /44\ �Cdr/LQa COMPREHENSIVE PLAN Section 22-2-70 — 80 Industrial development "[E]stablish industrial areas where a balanced, diversified economy can be encouraged in an effort to maintain and enhance the quality of life of Weld County citizens. These Goals and Policies intend to assure desirable local employment opportunities and to strengthen and stabilize the economy" • A.I. Goal 1. Promote the location of industrial uses . . . along railroad infrastructure or where adequate services are currently available or reasonably attainable. • 1. I. Policy 1.1. Ensure that adequate industrial level of services and facilities are currently available or reasonably obtainable to serve the industrial development or district. • D.I.Goal 4. All new industrial development should pay its own way. • E.I.Goal 5. New industrial uses or expansion of existing industrial uses should meet existing federal, state and local policies and legislation. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 19 eik,,, COMPREHENSIVE PLAN Section 22-2-20 Agriculture Goals and Policies A.Goal 7. County land use regulations should protect the individual property owner's right to request a land use change. • A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. • A.Policy 7.3. Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 20 �ocK bdtail COMPATIBILITY HWY 34 Terminal - Surrounding Land Uses Legend Railroad Major Highway Interstate Oil and Gas Property Hwy 34 Facility Land Use I Commert Industrial/ I Extraction Residential PUD - Mixed Use N A 5[dit“f'tli 02 04 HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 21 /44\L COMPATIBILITY • Compatibility is a function of use, site characteristics, and development and operational measures taken • 1-3 uses are made compatible by: • Site characteristics • Site planning and operational characteristics • Federal and state law, County code • Five compatibility factors in this case • Uses • Views • Noise • Dust • Stormwater HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 22 COMPATIBILITY - USES Uses on a parcel are dictated by: • User • Rock & Rail is a railroad, transloads construction materials • Site characteristics • Large property -133 acres • Property is developed with a railroad spur • Uses of the site will correspond to the existence of rail infrastructure • Use restrictions • Legal limitations and performance standards • Noise - County enforcement • Dust - CDPHE enforcement • Odor - CDPHE enforcement • Site planning - County enforcement HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 23 -ests/th 'tell COMPATIBILITY VIEWS ;,• • 1,400 feet 4 s , Clear, unobstructed view to mountains •a....�- A .tap 4 HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 24 14\gek COMPATIBILITY — NOISE Noise Level, dBA INV 30.0 35.0 40.0 45.0 50.0 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 7+C) cc ;7•".2 _r ■ ~! 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"114 • c At_HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22 , 2020 26 COMPATIBILITY - STORMWATER Stormwater plan approved in 2015 Three onsite detention ponds • Only release from property occurred during construction in 2017 Water quality monitoring required by CDPHE • Conducted recent samples on June 26, 2020 showed no groundwater contamination around site • Committed to ensuring no groundwater contamination HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 27 trth„ -aigb-?‘"r COMPATIBILITY Median Sales Price $1 4M $1 2M $1 OM $0 8M $0.6M $0.4M Weld County Homes along RD 56, 34, road 13 and 15 $0.2M • _ 2019 Median Sale Price: $637,800 *removes $1.2M sale in Coyote Ridge in September 2019 and $329K sale in Kelim in February 2019 1-2015 1 1-2016 1-2017 ■ i 1-2018 1-2019 1-2020 Weld County & Homes along RD 56, 34, road 13 and 15* HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 28 ,e4•\ iJ:ttl COMPATIBILITY 2016 Imagery Date: 9/7/2016 40°24'11.50" N 2017 2019-20 Imagery Date: 7/17/2019 40°24'11.50" N 10 new home construction HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 29 GOOD NEIGHBOR EFFORTS Agricultural-themed architecture Noise mitigation measures Berming, buffering, and landscaping Truck underpass I Dust mitigation Separation from residential uses HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 30 GOOD NEIGHBOR EFFORTS P ast outreach Significant public outreach associated with 2015 USR Community working group • $100,000 landscaping fund; separate Rockin' S Ranch fund P resent and future efforts • Maintenance of all pre-existing mitigation measures • Contact information available to all neighbors, responses to neighbor concerns HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 31 GOOD NEIGHBOR EFFORTS Based on community feedback presented at the Planning Commission hearing, the applicant has undertaken the following additional mitigation efforts • Additional sound walls • Changed all railcar brake shoes to composite -type, to reduce brake noise • Installation of a new rail greaser, to limit noise from rail, is scheduled in August 2020 • Additional training of engineers and truck drivers with respect to loading and unloading practices • Watering of aggregate piles themselves to reduce dust and water truck deployment and dust suppressant on unpaved roads conducted by dedicated staff members HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 32 anes GOOD NEIGHBOR EFFORTS July 14, 2D20 Wet! Coia Planning canmission min: Angela Snyder 1555 liiorti lit Avenue Cheeky, CO 138631 RE: CcZ2o-000* Dear C s : l am man in sort oil Rock and Rats application tor a change in posting at Rs H 34 site in Weld Corrity, Co. I am a naorof See sir and have walcfted the dtveloponerrtor Its operations born lie beginnings** years ago. lit t I s.* Malty opposed in the tadlity, Rave ave wWieslse d lvSa 1d die company's efibrts to mitigate concerns hal were need by the community and I hove sees use efforts work. Spartalite :planning proms in 2D1 S, Rock and Rats grit company, Martin Marietta, aliened b concern and vokintarily Impemented menaces at Ste site b l fllaeimpacts. Mace Sat tine, I have no imanlis sea the company or Ns operations as the St The comany has done everything that it said ■ toukt do and continue to honor Its commitment to be a good neighbor. Thal b a I kne clangedmy posl!tlort aid now sport R ck aid Mil''s re2oni g. ilicerel. e McOososlh Ise 4 HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 33 f QL/ oa +�� QUESTIONS AND ANSWERS • a • M1 • �� • •.y;. iM. -rr �1 �..rl wI. II •tone I•NU 4'ca • •�%. •.. r .' �•r�•w it �b►Fr}N a• no• sr • HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 34 Case #: COZ20-0004 for Public Record July 22, 2020 From: Kelsie Barnett/The Rockin' S Ranch & Kakes By Kelsie 6943 CR 56 Johnstown, CO 80534 To: Ms. Angela Snyder Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 asnyder@weldgov.com Weld County Board of County Commissioners: I am writing to STRONGLY OPPOSE the Weld County Rezoning Application COZ20-0004 and insist that the application be denied. The Rockin' S Ranch/Chris Friede property directly borders the majority of the east side of the Rock & Rail/Martin Marietta facility. The Rockin' S Ranch is a Wedding/Special Events Venue. As a venue we have directly seen the negative impact that it has had on the business. From excess noise, dust, visual impact, excess traffic on road (especially during ceremony times) and loss of potential income from people choosing to not book the venue due to the Rock & Rail/Martin Marietta facility. As a worker of the Rockin' S Ranch and a small business owner, Kakes By Kelsie, we have seen a significantly negative impact on the business due to noise, dust, visual appeal and increased traffic, and the situation only continues to get worse due to complete lack of disregard by Rock & Rail/Martin Marietta for the critical needs of the business, neighboring residences and farms and their unwillingness to follow through to implement and adhere to development standards. The impact of the new Rock & Rail/Martin Marietta facility on the Rockin' S Ranch and the surrounding neighborhoods and housing would be extremely negative if Weld County BOCC were to approve this rezoning. When considering their wedding locations, potential clients consider how the venue will photograph, what the ceremony site view looks like, and the overall setting and ambiance of the wedding venue for their guests. The presence and negative impacts (dust, visual, noise, traffic) of Rock & Rail and the Martin Marietta facility directly affects how sellable the venue is to potential clients, not to mention the "wedding day experience" of existing clients that booked the venue a year or more in advance. As the Day of Coordinator for the Venue, I am the one who "directs" the event. It is my job if something goes wrong or if something happens that we did not plan for that I take care of it, and not put the stress on the Bride and Groom. We see too often there being excess traffic and noise on the road, causing a distraction and hazard for our guests. As a small business owner, I can get directly affected from the lack of business at the Rockin' S Ranch. I am a Cake baker, and make professional cakes and cupcakes. Being the number one recommended cake baker for the venue, I get most of the business for the events. With that being said, when there is a lack a business due to people not wanting to book because of the Rock & Rail and the Martin Marietta facility it makes it extremely frustrating as a business owner Allowing Rock & Rail to rezone is incompatible with the surrounding area and if Weld County approves this spot rezoning it will not only be devastating to the surrounding neighbors, it will put the wedding venue out of business, and exponentially decrease my cake business sales In closing, I'm asking that you DENY Weld County Rezoning Application COZ20-0004. Not only will the visual impact, increased noise and traffic, and odor have a significant negative impact on residents, farmers, and businesses such as The Rockin' S Ranch, as well as anyone who travels on Highway 34 This proposed re -zoning will also prohibit our ability as a venue to continue to operate the wedding/event business Sincerely, Kelsie Barnett EXHIBIT N rBN Jessica Reid From: Sent: To: Cc: Subject: CO2 DO -0 6001A Esther Gesick Wednesday, July 22, 2020 5:29 AM Dakota.Cotner@colostate.edu Steve Moreno; Tom Parko Jr.; Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Johnstown Resident re: Land Use Permit Hello Dakota, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 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: Steve Moreno <smoreno@weldgov.com> Sent: Tuesday, July 21, 2020 6:45 PM To: Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: FW: Johnstown Resident re: Land Use Permit Steve Moreno Weld County Commissioner At Large 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-336-7204 Ext. 4207 Fax: 970-336-7233 Email: smoreno@weldgov.com Website: www.co.weld.co.us 1 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: Cotner,Dakota <Dakota.Cotner@colostate.edu> Sent: Tuesday, July 21, 2020 3:50 PM To: Steve Moreno <smoreno@weldgov.com> Subject: Johnstown Resident re: Land Use Permit Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Moreno, I am a Johnstown resident hoping that you may hear my voice prior to the Land Use Permit Hearing taking place tomorrow morning for Docket #2020-47, PL2360, Gerrard Investments, C/O Rock And Rail. My father and I bought this property along County Road 13 about 8 years ago with dreams of owning a small piece of land for our dream of owning and raising horses. My family, 2 children and husband, and myself, live on this property and as you can imagine have seen numerous changes over the past few years. The house is, in today's standards, quite meager, but I can't imagine loving a home more, and probably in large part due to the work and sweat my family has put into a 100 year old farmhouse. We have stayed pretty quite as the pasture behind our land was built up by Gerrard's. Gerrard himself, and his son, even met with us to discuss how far they might need to build their buildings off their property line to keep us happy — which in the end they did not do. I was even told in that meeting to just "paint a sunrise on their building if I cared so much about seeing a sunrise." And still, we didn't file any complaints. While Martin Marietta was telling us they were building an asphalt and concrete plant behind our property, then conveniently sold to Rock and Rail, well that seemed pretty shady in my book, but the Commissioners approved it and so we go on. Unfortunately when they were building this massive industrial site behind us, our voices were never heard and opinions never asked. A sound barrier was built for the neighbors to the East, but the couple homes to the West, a new rail spur filled with trains grinding and loading at all hours of any day became a new normal.lam am now working from home due to COVID and have had multiple meetings and presentations disrupted because of the sound from inside my home. We were recently informed that this same company filed for a new Zoning permit, as you know, changing the zone from A to 1-3. This is unacceptable. The constant noise from the train, the massive amounts of traffic already overloading a small two lane road in front of my home, the Jake Breaks used over and over again in between the railroad tracks from the heavy trucks, 60mph+ speeds from these trucks flying past my home and children is more than enough headache. I-3 zoning should not even be considered when there is a court case already against this company. There is no reason they need this zoning in their original plan for this piece of land. This could be such a beautiful, economically and culturally strong part of Johnstown as the shopping areas grow, but it won't be with this re -zoning approved. I ask you to please be our voice. Do not let the backyard of Johnstown residents become a dumping group for hazardous waste. I like to think I do my part as a citizen, contributing to society and supporting our local economy. You have an opportunity to change our town for the better here — please vote against re -zoning. 2 Thank you for your time, Dakota Dakota Cotner 3 Jessica Reid From: Sent: To: Cc: Subject: Esther Gesick Wednesday, July 22, 2020 5:31 AM Brielle Oakes Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Case #: COZ20-0004 for Public Record Hello Brielle, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 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: Brielle Oakes <briellecda@gmail.com> Sent: Tuesday, July 21, 2020 9:50 PM To: Esther Gesick <egesick@weldgov.com>; asynder@weldgov.com Subject: Case #: COZ20-0004 for Public Record f Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. July 21, 2020 From: Brielle Dighero 15945 Saint Paul St Thornton, CO 80602 To: Ms. Angela Snyder Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Weld County Board of County Commissioners: My name is Brielle Dighero and I am writing in regards to Weld County Rezoning Application COZ20-0004. As someone who was born and raised in Colorado as well as someone who has represented the Denver Broncos as a Cheerleader for the past 5 years, I spend numerous hours a week out in our community interacting with 1 people from all over the country and giving back to those that make our amazing state what it is Because of this, I know first hand the value of small towns (like those in Weld County) and the people who live in it, and this rezoning would be detrimental to all of the things we love about our rural Colorado towns As a former Bride of the Rockin' S Ranch, I knew the moment I saw it this was the place that I wanted to say "I do" From the rustic charm of it being an old dairy farm, to the stunning views of the water and skyline, I knew that this was the backdrop I wanted for every picture hanging in my home for years to come and the photos we would show our grandchildren one day The Rockin' S Ranch showcases our Rocky Mountains, has that cozy "homey" feel, and is the perfect representation of all things Colorado Not to mention that it is a family owned and operated business and you just don't get that with wedding venues nowadays I truly think this venue will be a destination for so many couples that want that perfect "Colorado Wedding" If this rezoning were to go through, it would not only take away that charm and beautiful skyline, but it would be ruining a local business that so beautifully represents all that we stand for I can't imagine being 'a Bride and coming to visit a venue that had large industrial buildings blocking the skyline, the horrible smell of asphalt, and a busy street of semi trucks and trains all in the background and thinking, "oh, this is a place I would love to get married " In addition to my work as a DBC, I am the sole owner of a Dance Studio in Fort Collins As a small business owner for 8 years now, I know first hand what it is like to build something you have dreamed of for a lifetime from the ground up This is exactly what Chris from the Rockin' S Ranch has done and this rezoning would be detrimental to not only her business and livelihood, but to the place that she calls home A place that she has spent her whole life dreaming up just to have destroyed by a big business who does not care what affects they may have on those around them So we beg you, please deny this rezoning If our own counties won't support their small businesses especially after all we have gone through given the current state of the world, then who will? We stand with Rockin' S Ranch and so many other small business owners like myself who are just trying to keep their businesses and dreams alive Thank you for your time and consideration, Bnelle Dighero 970-515-2831 2 Jessica Reid From: Sent: To: Cc: Subject: Attachments: Hello Mr. and Mrs. Meusch, Esther Gesick Wednesday, July 22, 2020 5:34 AM Renata Meusch Scott James; Steve Moreno; Kevin Ross; Mike Freeman; Barbara Kirkmeyer; Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Please deny, vote NO IMG_5339 jpg Your email and attached photograph have been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 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: Renata Meusch <rmeusch@skybeam.com> Sent: Tuesday, July 21, 2020 10:42 PM To: Esther Gesick <egesick@weldgov.com>; Scott James <sjames@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kevin Ross <kross@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com> Subject: Please deny, vote NO ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Esther and the Board of County Commissioners: You have a very important decision to make tomorrow. Just remember, we here in Indianhead Estates have to live with your decision. A lot of you propose to be NIMBY's, aka Not In My Back Yard, people. Well, look at the attached picture and think if you would want that in your backyard. This was taken this last Saturday from our back deck, only 700 yards from the MM plant that a couple of you let happen in 2015. If this was to come to you today, with all of the litigation that has happened since then, you would have to deny this Use by Special Review. Therefore, PLEASE deny their request to make this 1-3, or heavy industrial. Most of you, if not all of you, have your positions by a vote that was decided by the people that live in this area. We, the people, are now asking you to listen to us, represent us, and vote NO on this 1 request! Rock N Rail (AKA Martin Marietta) shouldn't even be on this site, have thumbed their noses at you by leasing this property to Rock N Rail for $10, and now want to extend their abuse of power by making this area heavy industrial. We are tired of the noise, dust, decreasing property values, etc. Now we are learning the dust may even be carcinogenic. To go from an idyllic neighborhood to an area of concern in our own backyards is a travesty. Don't let them get by with any more of their antics. PLEASE vote NO to their request, and any request going forward, for the sake of our neighborhood and surrounding area!! Respectfully, Bob & Renata Meusch 27647 Hopi Trail Loveland, CO 80534 970-590-4315 rmeusch@skybeam.com 2 - • ' • fa ,! -. art � `f r� r. 1 r(c .. *.F , ' • •y�Y• i _ . . r .4 ' 4.. 1 ^' Y - _ +. r 1' li . ..M. 4 . ,- `kd 1 ^fir , •I e. • -,� 4 "II►i. - iiiiirlit las . 11 _� • i' • t•. lb i - .r • • 11:1"4112e , —. 1, • 410 --• - • — - - • • 1 j . . . . y .: , . . _ _ , • .. . . . _ _ ,. - i+ ,� 1 , j. hilkillilli--- - . .1 ! . • . . ..... i., ... . ..„........... • • .,.... . ... . . . . ...... :, ... • s r�RF . . _ • ft • n� .. ,._ T 4 1 . - + Ilthikkasaaw r 6 ��:� ' .r.+_. 4��•-. . •. �-:'� .. t vaf'M _ 't «.- -..� y..= - �., •s.r-. . s .• r. s•rte• Sit Z.ellita y"•1.�' R 1No .• • r _ r. : .Hr ti ? 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Jessica Reid From: Sent: To: Cc: Subject: Esther Gesick Wednesday, July 22, 2020 5:35 AM GREG DIGHERO Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Case# : COZ20-0004 Hello Gregg, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 F 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: GREG DIGHERO <gdighero@msn.com> Sent: Tuesday, July 21, 2020 10:51 PM To: Esther Gesick <egesick@weldgov.com> Subject: Case# : COZ20-0004 Importance: High Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Weld County Commissioners, My name is Gregg Dighero. I am a long time Colorado resident and a graduate of the University of Northern Colorado. For the last 30+ years I have worked in the oil industry based in Colorado with extensive experience in rail logistics and petroleum marketing, including asphalt. Rail facilities are a necessary part of the supply chain for various products. I have firsthand knowledge how difficult it is to secure access to regional rail facilities. Companies like Martin Marietta looking to expand access to regional markets seek cost effective assets to expand their business. In the case of COZ20-0004, I believe Weld County would be making huge mistake rezoning this pristine agricultural area. There are many other well thought out rail access points in place to accommodate such expansions. Martin Marietta has a concrete facility near where I grew up in Arvada. The facility is practically void of natural vegetation and a complete eye sore along 1-76. Along with 1 experience in rail logistics, I worked for a refining company for 17 years that produced several grades of asphalt Asphalt is the bottom of crude oil distillation cut Asphalt products have lots of bad acting chemical compounds to start with The odor from asphalt plants and transload facilities is obnoxious It requires a constant heat source that contributes significant emissions to the atmosphere Most asphalt specifications today require polymer additives That means this pristine agricultural area of Weld County, if approved, will now contain a complete eye sore facility, significantly increase carbon emissions, and expose the residence of the area to unknown heated toxic polymer compounds This facility fully utilized, will also create a significant amount of commercial traffic Traffic from hundreds of heavy trucks will create a significant cost to maintain county roads in the area and risk the safety of local residents and customers of the already congested Centerra shops directly west of the region Martin Marietta gambled on investing in this area without concern for the local residents and obtaining proper zoning requirements Weld County has the opportunity in this case to protect the safety and health of the residences of this area that chose to call this place home versus an international company looking for a cheap location Please make them look at established rail spurs in existing commercial locations before making a regrettable decision Thank you for your attention to this matter, Gregg Dighero z Jessica Reid From: Sent: To: Cc: Subject: EXHIBIT egL 4Cort3.o so L\ Esther Gesick Wednesday, July 22, 2020 5:38 AM Sally Boccella Scott James; Mike Freeman; Barbara Kirkmeyer; Steve Moreno; Kevin Ross; Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: LAND USE CASE it: COZ20-0004 Hello Ms. Boccella, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 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: Sally Boccella <sboccella345@gmail.com> Sent: Tuesday, July 21, 2020 10:51 PM To: Scott James <sjames@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kevin Ross <kross@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: LAND USE CASE #: COZ20-0004 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Weld Board of County Commissioners, Upon review of the land use codes, visiting the local neighborhoods, small business and farms directly affected by the existing operations of Rock and Rail (Martin Marietta Materials), along with the Town of Johnstown's 2015 and recent 2020 resolution opposing this operation, I respectfully ask that the Board denies the application for rezoning of land located at 27486 CR 13 & 6433 County Road 56 from agricultural to heavy industrial. Per the Town of Johnstown Resolution No. 2020-13 opposing this application for a change of zone classification, "an 1-3 zone, the most significant and impactful of all the industrial zones, is far too intense and far beyond the type of use the Town desires near its municipal boundary; and after careful review and consideration, the Town finds that a change of 1 zone of the Property from A (Agriculture) to 1-3 (Heavy Industrial) would create undesirable, offensive and harmful consequences, inconsistent with the Town's long-range planning and inconsistent with the best growth and development along the U S Highway 34 corridor " As a Weld County and Johnstown resident, I ask that you listen to the concerns and will of the people of this county with respect and validation while protecting our Colorado way of life here in Weld County It would be a huge disappointment and egregious error to disregard the voice of the people I respectfully ask that you deny this application for rezoning from A to 1-3 Respectfully, Sally Boccella Johnstown and Weld County District 2 resident Colorado Senate District 23 Candidate i 2 EXHIBIT /NC U LIGHTFIELD ENTERPRISES Concrete & Construction Services LIGHTFIELD ENTERPRISES, INC. July 21, 2020 Weld County Board of County Commissioners Attn: Angela Snyder 1150 O Street Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: As a local small business owner here in northern Colorado, I am writing to ask for your support for the change of zoning application for the Rock and Rail Highway 34 Transload Terminal in Weld County. The Rock and Rail facility was built to address the diminishing supply of aggregate and construction materials critical to construction needs along the northern front range. As we all know, economic growth in the region is dependent on the local availability of cost-effective building materials that can be used for critical infrastructure needs such as roads, schools, hospitals, homes, farms.. and commercial/industrial facilities. Since it became operational last year, this facility has already sourced materials for many important projects in the area, including our all-important roads, schools, commercial and residential sites, and hospitals. The location is ideal, as it is centrally located along Colorado's northern front range. In my opinion, and the opinion of many other business owners, a change in this zoning to industrial is appropriate and it reflects the fact that Weld County highlighted the benefits of rail -served properties as commercial or industrial in their newly adopted zoning code. Not only would the change in zoning provide the County with additional oversight at this location, but it would also provide the company with clarity and certainty around the regulatory approach on the site. For these reasons and more. I again ask for your support of the Rock and Rail application. Sincerely, Keith R. Lightfield Executive Vice President 2600 Midpoint Drive • Fort Collins, CO 80525 (970) 484-3880 • www.lightfieldenterprises.com Jessica Reid From: Sent: To: Cc: Subject: Attachments: Letter of Concern for COZ20-0004 Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Angela Snyder Wednesday, July 22, 2020 7:37 AM Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid Connolly, Brian J.; james.sharn@martinmarietta.com; Tim Naylor FW: Opposition of Martin Marietta plant expansion 054.jpg; pg; 151 j pg; 197.jpg; pg; 077.jpg; pg; 221.jpg pg 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: Lindsay Miller <missmillersphotography@aol.com> Sent: Wednesday, July 22, 2020 12:11 AM To: Angela Snyder <asnyder@weldgov.com> Subject: Opposition of Martin Marietta plant expansion Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Angela, My name is Lindsay Miller. the owner of Miss. Miller's Photography. I am contacting you on behave of the Wednesday hearing for the expansion of Martin Marietta plant. I hope this email finds you in time, I only heard of these plans less than 24 hours ago. As you might already know, located to the east of the plant is one of the cutest hidden gems in Weld County. The Rockin S Ranch. These days I am a very successful wedding photographer but 3 years ago this was NOT the case...I shot my very first wedding at The Rockin S Ranch. If it wasn't for Chris Friede and her amazing hospitality I have no doubt I wouldn't have made it to where I am today. Chris has worked hard to preserve the history behind her old fashion dairy parlor into the beautiful wedding venue it is today. I come from a long line of Weld County beef producers and nothing makes me happier than to see someone like Chris Friede doing her best to preserve our rich agriculture history in this county but also showing urban outsiders just how beautiful it can be. Showing them a different view of agriculture. In fact 1 one of my favorite things about this wedding venue is the original cattle load out chute that Chris has left standing. It is truly beautiful, and not to just a farm girl like me! I have seen countless photographers from near and far use this chute in their wedding photos because it is something you NEVER see at a wedding venue. I have captured weddings at The Rockin S Ranch for my fellow community members from Kersey CO. all the way to new clients from as far as Ohio! The Rockin S Ranch, I am fearful, would be no more if Martin Marietta plans to expand proceed. Chris has done nothing but preserve the dairy parlor, turning it into one of my favorite places in Colorado. It would be a shame to see the "little guys" like Chris Friede get pushed out to make way for this eye sore to only grow bigger and suffocate the amazing, agriculture friendly, tourist attracting wedding venue she has created. I feel that every day out deep roots of agriculture are slipping further and further away from us in this state. Sacrificing The Rockin S Ranch is proof to that. Sincerely. 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Wadsworth Construction Co., LLC: 166 East 14000 South Suite 200 Draper, Utah 84020 Phone: 801-553-1661 Fax: 801-553-1696 July 14, 2020 Re: Hwy 34 — Proposed Zoning Weld County Colorado Attn: Angela Snyder — Rock & Rail COZ20-0004 1555 N 17th Ave Greeley, CO 80631 To Whom It May Concern: �tPAcro 4,0 Ralph L. Wadsworth (RLW) is in support of the proposed zoning change on Hwy 34 to industrial. The new zoning would have a positive impact on our costs, which in turn would benefit Weld County. The costs for trucking to haul aggregates to the Weld County area are very high. The closest place besides the Rock & Rail facility at the Hwy 34 Rock and Rail facility is in Morrison or Idaho Springs. RLW is currently in a joint venture with SEMA Construction for the 1-25 Express Lanes project segments 5&6. The Express Lanes project is expected to last a couple years and is located in Weld County. Our project is one of many that would greatly benefit from the Rock & Rail facility changing to full time operation. Those cost savings would trickle down to the city, county or state projects to save money. We believe that the projects in the area could also apply these savings to other possible changes needed in the Weld County area. Please consider changing the zoning to industrial on Hwy 34, we believe this is important for the continued growth and development in the area. My understating is that a change in zoning at this location would give Weld County more oversight over the land use applications, while giving Rock and Rail more certainty to rules that apply a the location which seems like a logical approach to me. Thank you. Sincerely, Valerie Harmon Ralph L. Wadsworth Construction 9351 Grant St., Suite 110 Thornton, CO 80229 303-802-5801 EXHIBIT S37 Jessica Reid From: Sent: To: Cc: Subject: Uzoo- 030Lk Esther Gesick Tuesday, July 21, 2020 5:18 PM Kelly Wagner Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Weld County Rezoning Application COZ20-0004 Opposition Hello Ms. Wagner, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 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: Kelly Wagner <kwagner@cpartyrentals.com> Sent: Tuesday, July 21, 2020 4:44 PM To: Esther Gesick <egesick@weldgov.com>; asynder@weldgov.com Subject: Weld County Rezoning Application COZ20-0004 Opposition Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Weld County Board of Commissioners: I am writing to STRONGLY OPPOSE the Weld County Rezoning Application COZ20-0004 and insist that the application be denied. As a locally owned, small business that works closely with Rockin' S Ranch, we and many other small businesses would be dramatically affected by the changing landscape. The draw to Rockin' S is the beautiful location; should this be re -zoned the sellability of the venue will drastically decline therefore, leading to additional decline for the venue's associated vendor partners. Thank you for your time and thoughtful consideration of our situation. Kelly W arLeAr Colorado Party Rentals Wedding & Event Design Coordinator Denver: (303)781-1111 1 Kelly's Office Hours: M, T, W, F 7am-3pm & Saturday 9am-4pm Additional Locations in C.Springs: (719) 425-2637 and New Mexico: (505) 303-7556 www.cpartyrentals.com fi d Jessica Reid From: Sent: To: Cc: Subject: Esther Gesick Wednesday, July 22, 2020 8:13 AM Adam Sayer Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Rockin S Ranch - coz20-0004 Hello Adam, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 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: Adam Sayer <sayerada@gmail.com> Sent: Wednesday, July 22, 2020 7:05 AM To: Esther Gesick <egesick@weldgov.com> Subject: Rockin S Ranch - coz20-0004 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the Weld County Commissioners, I'm writing to express my strong opposition to the Rezoning Application COZ20-0004. The approval of this application would be devastating for the residences surrounding the new "industrial" area, devastating for the businesses in the surrounding area, and a direct contradiction to what Weld County claims to represent. Northern Colorado, and Weld County specifically, has always had a focus on agriculture and maintaining the natural beauty of our state. Approving this application and allowing Martin Marietta to function as an unregulated industrial area would bring much of the same appeal as Commerce City. Judging by the chamber's own website, this would not fit into it's goals. Beyond destroying the beauty of this farmland, the approval of this application would result in many small and local businesses being negatively affected. The Chamber's own website claims to focus on championing small and local 1 businesses, however, approving this application would mean choosing an out of state businesses interests at the detriment of small and local businesses, like the Rockin' S Ranch wedding venue Along with destroying this small businesses, the negative impacts would ripple to other local small businesses like photographers, caterers, DJs, rental companies, hotels, etc who have been able to benefit from the weddings the Rockin' S has hosted I'm confused as to why this would be approved at all For years, I've been seeing the "visit Greeley" initiative plastered all over the state, trying to push the message that Greeley is a cultural hub that seeks to bring in tourists who can appreciate both the natural beauty our state has to offer, the agricultural aspect of our state, and enjoy culture and community The Rockin' S Ranch brings in tourists from out of state and from all over the state for every single wedding, and directly contributes to the "Visit Greeley" initiative in an exceptionally positive way Approving an industrial zone at the main entry way to Greeley would directly negatively impact this initiative, and would be a major deterrent to anyone that may have been drawn in initially The Rockin' S brings tourists from all over to our local economy, and showcases the natural beauty of our state perfectly The Chamber choosing industrial zone and ruining natural landscape and culture to benefit an eyesore and an out of state business rather than a local business would frankly be Greeley Expected I implore the Chamber to consider the culture of Weld County it seeks to cultivate in the years to come Does the Chamber care about local small businesses that legitimately line up with what it claims to value as a group, or does your group only care about out of state large corporations? I strongly, strongly oppose the approval of the Rezoning application COZ20-0004 Adam Sayer 2 CLR-34 Response to Behrens and Associates Sound Level Survey Report Prepared by: Gary L. Oplinger 27687 Hopi Trail Johnstown, CO 80534 July 22, 2020 Purpose The purpose of this paper is to provide CL.R--34's response to the subject report. Introduction CLR-34 has been collecting noise data from the Rock & Rail site since June 2019. Over 130 recordings have been made to date. The instrument used is a Digi-Sense 20250-29 Recording Sound Level Meter, bearing a May 2019 calibration lag from the manufacturer. The instrument and its use conform to all CRS 25-12-103 requirements. The A weighting scale was used for all measurements, and the fast (125 ms) time constant was used for all except the earliest few measurements. The instrument has a memory size of 32700 records, allowing for 9 hours of recording at 1 second intervals. Measurements were conducted at 27687 Hopi Trail Johnstown, CO, roughly 1500 feet from the Rock & Rail concrete plant and 800 feet from the rail loop. Data was collected from both rail and non -rail operations as conditions allowed. Typically the meter was deployed at 9:45 pm and recovered at 5:45 am, to be redeployed if operational noise was noted. Other measurements were made if operational noise was audibly detected. Conclusion This report should be dismissed as incomplete, evasive, and meaningless. It does not address the claims of excessive noise made by CLR-34. No attempt was made to refute CLR-34's measurements. Discussion 1. In Development Standard 24 that accompanied LISR 15-0027, Martin Marietta was required to submit a noise control plan which included monitoring. This plan was never written or implemented. To the best of our knowledge this is Martin Marietta's (now Rock & Rail's) first attempt to make meaningful noise measurements since the plant became operational in 2018. 2. CLR-34 has only reviewed data from locations 1 and 2, which are reasonably close to CLR-34's measurement site. Data from locations 3 and 4 are too far away for meaningful comparison. 3 CLR=34 has collected data for over 1 year The Behrens data covered a period from 8 00 am on Friday, July 10 to 6 00 am on Monday, July 14, a total of 94 hours Sunday, July 12, was not an operational day for Rock & Rail and so can be omitted, resulting in 70 hours of operational data 4 Rock & Rail was first made aware of CLR-34's noise data at the Planning Commission meeting on June 16, 2020 Beginning on June 18 the facility became more quiet than in the past This was not unexpected 5 On July 2, 2020 CLR-34 noted large panels erected in the vicinity of the concrete plant These appear to be temporary in nature Behrens confirms in its report Temporary acoustical mitigation blankets and barrier walls, provided by Behrens and Associates Environmental Noise Control (BAENC), were installed at the facility and were in place for the duration of the sound level survey 6 The Beherens data is presented in 15 -minute averaged intervals CLR-34, by contrast has measured in 1 -second intervals Many, of not most, of the noise issues identified by CLR-34 are short-term events such as aggregate dumping, backup beepers, etc A 15 minute averaging interval simply "erases" these events This is particularly notable in light of CRS 25-12-103 (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section Thus, particularly annoying noises that are subject to lower limits are hidden by averaging 7 At no point in the report does the author question or refute CLR-34's data There is no evidence that it was made available to the author 8 At no point in the report does the author deny hearing any "plant noises " 9 The report includes an acoustic model of the plant and surroundings While the reliability of any such model is open to question, it should be noted that the model predicts unmitigated (i e , under current conditions) noise levels of 55 to 60 dB(A) over most of the Indianhead West subdivision during normal concrete operations This is consistent with measurements made by CLR-34 10 During the Behrens measurement period, CLR-34 made 1 measurement that exceeded legal limits This was on July 13, 2020 However, during the CLR-34 measurement period the Beherens monitoring system had a "code issue", leaving a gap in the data Thus no comparison could be made 7/21/2020 To: Weld County Board of County Commissioners From: Dave Kisker, President, CLR-34 Neighborhoods Assn. Subject: Residents who will be represented by CLR-34 group presentation The following persons will be giving a presentation as representatives of a larger number of persons. Speaker Address Dave Kisker 6681 Apache Road H Ellen Kisker 6681 Apache Road Trina Bogart 6645 Apache Road Gary Oplinger 27687 Hopi Trail Chris Friede 6943 WCR 56 In addition, the following list of persons is also being represented by CLR-34 NA Name Address Signatur 1 &krefr)c7 ?jrkt 62 GW74)/j s0h10o1F1) °l17 0 0 lion TM(L 1 • 3 jJ5g r1 Ggl�n�}� r l x21n'itCrait 4 taec1 A crna Conineoci -9.s ex .5i 5 V 6 /3-7(u &tee, 7 i Tr/ up iecfec a27)6/ Ke,(a(ed,<J-GF-uf'_8 >440f: cA0 agia-v)trateik)1 4/791..5 9 7)CftryivC8aCtcf ID7b'/( H 'ir S%1 -P—&es 10 ino aJ�� /4,/i C ft,g i%ML 11 Mntkn ,P-ZEtlDtloP TLPrIL _�y 12 13 14 15 16 17 18 19 20 EXHIBIT I am opposed to COZ20-0004, the proposed rezoning of the Rock & Rail property to the west of Indian Head Estates. I support the efforts of CLR-34 and neighborhood representatives to oppose this rezoning before the Weld County Board of County Commissioners. I will not be able to attend the WCBOCC hearing on July 22, 2020. By my signature below, I authorize CLR-34 and its speakers to represent me at this hearing by relinquishing 3 minutes of speaking time to them. /oz /Mite, N. /Alders° Signature and Date Printed Name 6 893 eicomynanghe N. i 3-oh.sslaiun. CoFob-rag Address Signature and Date Printed Name Address Signature and Date Printed Name Address Signature and Date Printed Name Address 7/21/2020 To: Weld County Board of County Commissioners From: Dave Kisker, President, CLR-34 Neighborhoods Assn. Subject: Residents who will be represented by CLR-34 group presentation The following persons will be giving a presentation as representatives of a larger number of persons Speaker Address Dave Kisker 6681 Apache Road Ellen Kisker 6681 Apache Road Trina Bogart 6645 Apache Road Gary Oplinger 27687 Hopi Trail Chris Friede 6943 WCR 56 In addition, the following list of persons is also being represented by CLR-34 NA AddressSignature 1 /Name b:0)/? 5: "5 ff Kid /VG 4 6 9'0 2./440-r/4- r/4- &- 2 V VLe,l )(GL G/ r^-(' LSi O Lt -!_c 4i C,t` 3 4 � e, fQ�yJ 3 dJ/4L,,,,dG 4 MAgi-ellef-E7.95.1/Alti Lo 7 s ) r,, 9 Ct G`f;e=9,.. 5 Jim frV ii5e( 67, ec L9 to Yq C4-% -&/,i71.7 6 4j 1 l 1 Qmaii, Rg d htkl;'cl`4 , //.6P L% .t.`-`7 7 6 4 ilk,p-,-/7/oz, .27977 penpE,,_ /o--.)- Ai -i-4. 8 1301dalelkk le 731, E I dci K (6v 9 sus �D e ?d rl(.i 1,736 A1�� A Dr g J�Z 10 ti Vied o-ei� �i z�'%j�/.4/.N,�r, �-, 11 o Tthe� f if `� i��r o/Wy y ( 12 LIB os` j ao6/D A-oa/41/4) 13 Orn vi, fr f< 4 ( � f( (9 ( 4 sb r 14 ,/1ij/ V l� am4)r�ci6 'e 15 aH,e./sr� tii= Act/zi4�,e. 6656 4/41(4 ,,l Cr, 1J« -1 16 Wart c i��aA yu- G 5 o L. er(2,,. �� r , ai/,ru,�._ 17 18 19 20 , FRONT Martin i is w ie IL to 16416 HWY 34 Agg 27494 Weld County Road 13 JOHNSTOWN, CO 80534 Date DEL/PU , Dispatch Scale 6/18/2020 0 30737 2 Time Due Time In Time Out Silo # :- 25 0 00 _ .' 52 1E NH Vehicle Carrier Trailer 11 lilU lit,, 1111111 Ii Ticket Customer No Ship To Dest ID Instruct Order No PO No Product Dispatch Totals Job To Date 4538 - CLS 5 - 1-1/2 ROAD BASE 14 LDS x_347.05 Ton) 347.05 Ton cr 13 north head east on new liberty then turn north on autt GROSS TARE NET LBS 80,080 32 840 47.240 TONS 40.04 16 42 23 62 Metric 3632 1493 21.43 'P.T. lVNeigh Master Maria C Seal #: Signature of Receiving Agent BACK Customer Martin Manetta Standard Terms and Conditions apply (copy available at Site Office). I g Am S D • WARNING Real inpnrt: u a health ,ntonneirx,'. n rcwei Zo 3 C r alla Pursuant to prior oral or written agreement between the parties. delivery occurred and title passed immediately after the products were loaded into the carrier at the point of shipment. All hauling tram this plant or quarry at an agreed rate per ton or yard is performed by independent trucking contractors. Drivers. other than owner -drivers, will be employed by the trucking contractor. The trucking contractrassumes all I aoilhty for compersation. public liability. and property damage insurance. also al! social security taxes. withholding taxes, and any other taxes assessed. Aggregates may contain components that could react e ith alkaline materials in concrete mixtures. This could result in potential deterioration of and Carnage to tee final concrete product I" AIkeleAggregate Reactivity' or AAR"). The potential for AAR should be taken into account ie formulating concrete mixtures. Other than warranty of title and conformance to written specifications. MARTIN MARIETTA HEREBY EXCLUDES ANY AND ALL WARRANTIES OF MERCHANTABILITY AND ALL WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES. EXPRESS OR IMPLIED. AS TO THE PERFORMANCE OF ITS AGGREGATES WITH RESPECT TO AAR. fhis is to certify that the fo:lowing described commod.ry was weighed. Treasured. or counted try a werghmaster. whose signature is on this certificate. who is a recogrized authority of accuracy. as prescribed aye cnapter 7 (commencing with Section 127 00) of Division 5 of the California Business and Professions Code. administered by the Division of Measurement Standards of the California Department of Food and Agriculture. A WARNING: AVOID BREATHING DUST FROM THIS PRODUCT 1 This product contains crystalline silica. Prolorged and repeated breathing of crystalline si ica dust can cause a progressive lung disease caked slllcesrs. • Several scientific organizations have reported that prolonged and repeated breathing of crystalline silica dust can cause lung cancer. • Crystalline silica is known to the State of California to cause lung cancer. • Silicosis or lung cancer can result in permanent injury cr death. • To recuce the risk of injury, prevent excessive and repeated dust exposure or t.se a (\JOSH approved respirator as more fully described in tee MSDS • The risk of siliccsis or lung cancer depends upon the duration and levels of silica exposure. • Read the Material Safety Data Sheet before using or handling this product to determine the appropriate ventilation or respiratory protection necessary to safeguard ;our health. MSDS are available on cur website at w,v.vvi.martrnmarretta.com cr ask the plant manager to' a copy. A ADVERTENCIA: EVITE RESPIRAR EL POLVO DE ESTE PRODUCTO Este producto contiene silice cristalina. Respirar ei polvc de is silice cristalina repetidamente y por periodos prolongados puede causar la silicosis. una enfermedad progresiva de los pulmones. • Varies organizaciones cientificas reporter one el respirar el polvo de la silice cristalina de forma repetida y por peridos prolongados puede causar carcer del pulmOn. • El Estado de California reconoce que las silice cristalina causar cancer. • La silicosis o el cancer de pulmon eueden causar danos permanentes o la muerte. • Para reducir ei riesgo de sufrir darts a la salud. evite repetidamente y por periodos prolongados que este expuesto al polvo de is sit ce cristalina a user tin respirarinr aorehadn del NOOSE • El riesgo de la silicosis o del cancer pu monar cepende de la duracicn y de los n;veles de exposition a la silice. • Lase Ia Hoja de Delos sabre Ia Seguridad de los Materiales (llamada "Material Safety Data Sheet") antes de usar a manelar este producto para determiar la ventilacion apropiaaa a la proteccion necesario para proteger su salud. La Hoja de Dabs sabre la Seguridad de los Materiales esta disponible en niestra sitio web :r.rw.nartrnmarietta corn o le puede pedir una copia si gereete de pianta. respiratoria Exposure to air pollution and COVID-19 mortality in the United States: A nationwide cross-sectional study • Long-term exposure to PM 2.5 increases vulnerability to the most severe COVID-19 outcomes. • This study found statistically significant evidence that an increase of 1 µg/m3 in long-term PM2.5 exposure is associated witi an 8% increase in the COVID-19 mortality rate. • • Bottom line conclusion: A small increase in long-term exposure to PM2 5 leads to a large increase in the COVID-lY death rate. Xiao Wu, Rachel C Nethery, M Benjamin Sabath, Danielle Braun, Francesca Dominici Department of Biostatistics, Harvard T.H. Chan School of Public Health, Boston, MA, 02115, USA. April 24, 2020 EXHIBIT CeZele USES Example Allowed Uses • ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT • A USE of a research, repairing, manufacturing, fabricatiric, assembling, PROCESSING, or storage nature. • BIOSOLID and DOMESTIC SEPTAGE disposal • BREWERIES, DISTILLERIES, and WINERIES. • CUSTOM MEAT PROCESSING • DISTRIBUTION CENTERS • LUMBERYARDS/WOODWORKING • MEAT PROCESSING • ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. CLR-34 Neighborhoods Assn. 19 Not allowed due to proximity to residential development Allowed in Agricultural zone district 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners - July 22, 2020 3 As\ ch CJ�«cl USES M. Example Allowed Uses • S I. ADULT BUSINESS, SERVICE or ENTERTAINME7T L, ESTABLISHMENT A USE of a research, repairing, manufacturing, fabricatinc, assembling, PROCESSING, or storage nature. BIOSOLID and DOMESTIC SEPTAGE disposal BREWERIES, DISTILLERIES, and WINERIES. CL�SiOM MEAT PROCESSING DISTRIBUTION CENTERS LUMBERYARDS/WOODWORKING MEAT PROCESSING 00. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. CL's -34 Neighborhoods Assn_ 19 Not allowed due to proximity to residential development Allowed in Agricultural zone district HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 3 Sesk ts,07,?3/4sat USES Uses Mr Right • Temporary asphalt or concrete batch plant Temporary borrow pits Uses by Site Plan Review . • Research, repairing, manufacturing, fabricating, assembling, processing, or storage Asphalt or concrete batch plants. •.• Car washes and gas stations. • Commercial storage Commercial truck washout facilities Custom meat processing (allowed in A District) • Distribution centers • Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people Heliports (allowed by USR in A District) Indoor shooting ranges • Lumberyardslwoodworking (allowed by USR in A District) • Meat processing Offices Oil and gas storage facilities (allowed by USR in A District) • Oil and gas support and service (allowed by USR in A District) • Organic fertilizer production/composting facilities (allowed by USR in A District) Outdoor storage (allowed in A District) Parking areas and structures • Pet crematories • Police, ambulance, and fire stations or facilities • Racing Facilities (allowed by USR rn A District) • Repair service establishment (allowed by USR in A District) • Retailiservice establishments • Small scale solar facility (allowed by USR in A District) • Theaters and convention halls • Transloading (allowed by USR in A District) Vehicle service/repair establishments Accessory Uses • Cargo containers • Loading areas semi -trailers as accessory storage • Accessory structures a n d buildings Uses Allowed by Permit • One (1) manufactured home per lot • Temporary seasonal uses *List does not include uses also allowed in A District, except where otherwise noted HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 4 At‘ USES Absolutely no industrial activity can be seen on this land. To designate it as such on a map of existing land uses is WRONG. Absolutely no commercial activity can be seen on this land. There is a small amount of oil and gas activity, and the majority of land is currently agricultural. To designate it as commercial on a map of existing land uses is WRONG. Highway 34 and CR 13 (northeast corner) Zoned INDUSTRIAL - LIMITED in Town of Windsor Highway 34 and CR 13 (northwest corner) Zoned PUD MIXED USE in Town of Johnstown HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners —July 22, 2020 5 074:sr\ as" USES -01 To group these parcels together and designate them as currently used for commercial operations when the majority of the land is currently empty and one parcel contains a community college is misleading and WRONG. I. this end bpert ofJohns:owr and zonedPUb-Mired Use. Johnstown describesthe intent of :hk 243 se as: Intent. The PJD•MU Mixed Use District iscreatei to allow the integration cf higher - density residential, commercial one employment -Bight rtdtxstrie development within an area so as -.4) facilitate tf'eformation of set -sustaining project. Lytfrt industrial uses are permitted, provided tnet they complement the commercial oocs and do not substantially nepotvtty impact the residential on. Mete John srowr's emphasis on the compatititry of any light industrial use with commercial and to idertial uses in the zone. Absolutely no industrial, light industrial, or commercial activity can be s€en on this land currently. I c designate it as anything but agricultural on a map of existing land uses Is WRONG. Highway 34 and CR 17 (northwest corner) Zoned GENERAL COMMERCIAL in Town of Windsor, has commercial development Larimer County Road 3, north of Highway 34 Zoned PUD MIXED USE in Town of Johnstown HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners —July 22, 2020 6 Att t=tri3/4.3ii USES The "deceptively inaccurate" map... HWY 34 Terminal - Surrounding Land Uses Legend *Hilo} Rai real Major HIq Tway Interstate anC G s I Propory 11wy 5i redlity Land Use :,unnncruial Indu shial) txtraclon I_ I PUD - Mixed Uac A Stalatrtl j a 0.2 04 0.6 Map shows: 1. Wide mix of existing and zoned uses in the area 2. Residential uses coexist with other uses, including industrial 3. Infrastructure In each case of a shaded area, the governing jurisdiction found these uses compatible with agriculture and other surrounding uses HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 7 Ate,t t=tridat USES Compatibility with existing uses is achieved • • • Physical and operational limitations achieve compatibility with residential uses • Very little of the property touches residential area Various industrial and extraction uses in the area • • • Industrial to the west in Johnstown (allows transportation terminals) Excavating businesses, extraction uses Oil and gas use on adjacent property Railroads on, adjacent to, and in close proximity to the property HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners —July 22, 2020 "I'N%A DrIY!Sl pion as Ai Otiit1 Jatard,r' h�l try;Saner ' l-' - Devw Aspnalk:& ri, a 200 ft � . L rawley1 tulirrrte -Boats 4 r'se t por,es 71 r��"._. IM !ilC. iyd �Ut�Mt PorlieJtro t. �`�"" j 9W1 cir i- tay44• t sit+ • a ' &.ir ?Lind_ atnon I�otmpan� p LJ9tirn:a�c 1!.1:Cy , ' ! Ieprir o!ir «h'I 61thAwe '. V in lab + -1 -ark 41 Apter, lair C 024 MGM row* Sardines.* tt'. i et I I. 4. > Alesrell' rip 1_ii J`t131:r T{it t ai l ,4 a • quiSt '14 e � a $ t ,L:ogle ryia is ni de.� +4. ir ; _ Lf- ry a. ~ 1 4 �1 ra:t�, rto,l i c F urn Service, Pgrlr1C it Val al ■ 02020 Lkard' Stoics Tmm■ Sold Lrcribar* RIO It Rock & Rail facility provides a 1,40Q - foot buffer to the concrete mixing plant and 751 -foot buffer to the railroad HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 itsho\ aoRsat VIEWS Mission: Provide a unique, intimate, memorable, & convenient wedding/event venue RucakettIng-situate4ow35 aepri- iitag) Industrial Setting Spectacular views Rocky Mountains, Lake • Views of massive asphalt plant, unmaintained berm, including ugly train unloading structure as backdrop to wedding photos, rail spur, piles of aggregate and concrete and large conveyors, ciouids of east Noise — large crashing noises, constant noise from cement plant and material handling Difficult access to venue due to significant truck and train traffic congestion Renovated 1950's dairy barn CLR-3.4 N.., BOCC COZ2Qi4JO04., 22 July 202O HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners —July 22, 2020 �� Ats\h VI EWS I theknotcor i/marketplace/rockir-s-ranch Johnstown-co-1068864 Photos About Amenities Pricing Reviews Contact Team * * * * * Reviewed On 6/05/2020 by _banner Pi This venue is absolutely breathtaking. It's truly a hidden gem in Colorado. Chris is a dream to workwith. We had to postpone our wedding due to COVID and she was understanding and nothing short of wonderful C She's amazing to work with and the charm of the place is unrivaled. Please 'consider having your outdoor wedding here- I don't think you'll be disappointed ! We can't wait to have our ceremony here! theknot.com/cnarketplacefrockin-s-ranch-johnstown-c©- 1068864 Read Less a Photos About Amenities Pricing Reviews Contact Team ' Reviewed On10/31/2019by sienna F * * * * * Reviewed On 8112/2019 by (ilari.e V Love this verlt : e ' ! We got married ied here in August and everything was perfect. There was so much spaceW My cl.aughter's original wedding venue was closed due to a permitting problem ' days before our event for a welcome area with food and for a casual entrance for our guests, space for a food truck, and a ton of e found the Ftocl in' Ranch was nrcredibly� open for our date. kris. the owner, was so gracious and space for dancing. The view of the mountains is unbeatable.beatable. especially at sunset, and the setting of an old genuine. We felt so fortunate to have ended up at her venue and in hindsight. I ' m so glad that our venue dairy barn looks phenomenal in our wedding photos. Everything was perfection. Read Less cancelled us because our guests would not have had the experience they did, nor would we have been so happy as to how the wedding turned out.. Most of our guests were from out of state and were hi awe of the incredible view of the Front Range from anywhere on the property. We had ample time in between ceremony and receptoon for the guests to enjoy games in the lawn area, take incredible pictures of the * * * * Reviewed On 10/12/2019 by Carley C view and family, and explore the creek and pond. We received so many compliments about how beautiful Chris was out of this world ! We love her ranch so much and our Octob=erwedding was magical ! Chris was everythingwas and that was due to the beautiful simplicity that Chris has created in the old dairy barn and so incredibly attentive to our needs and she made sure everything was in place for our big day ie surroundings. I can't thank Chris and her team enough for helping make my daughter's day so beautiful. decorations. guests accommodations,set up/clean up). We love how secluded her venue was and intimate. Read Less a The backdrop of her ranch made for some amazing photos and the Mountain View was awesome. Read Less a * * * * Reviewed On 7/151201_ 9 by Justin H Rockin" S Ranch was everything mywife and I were looking for in a venue ! Views are great and Chris was awesome! She was 'helping us through the entire process and was accommodating for some specific requests pertaining to our wedding. My wife grew up in the country and Rockin S' Ranch met her expectations completely! Highly recommended! ! Read Less a * * * * Reviewed On 6/26/2019 by kel s ie ' HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 12 VIEWS C ii rockinsranchevents.com/gal Eery * I Home (� G reckir zranchc✓cnts.camJcallcry Concrete plant Services Gallery Otte I* +9-63' la 1471= d mtpc, is 'KA . I Imp 14 Gaol, u Op n 12 Jeer 14 Jam; al. mulct. le* dna III I Dente C Y rockinseancheverts.cflmigaEeey I�c;�tl,lt itch S 0CMIr,41PNFiivr1f. Unloading facility Cv x # 3Mler� HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 13 do)c, VIEWS One resident's (dust -free) southwesterly view with a telephoto lens at 1,300 feet, when the plant was fully operating Sr - .1? Same resident's panoramic west -facing view 'aT"?% r_ .: t HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 14 ,1441\ tot/ VIEWS Mitigation measures taken • i Concrete plant • Architectural treatment • Location I ,'nr) feet (1/4 mile) away from nearest residential property Berming and buffering • Not intended to screen everything... • 1 c -on foot high berms shield views of most activity on the property • Landscaping is intended to be native prairie grasses, etc. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 15 NOISE Noise disparity LAM. Numerous. examples already presented. I3 would remove an controls! CLR 4 NA., BOCC 0022040044 22 July 2020 Not true. Approval allows for County regulation ` of noise. STB does not regulate noise. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 17 oest tz9&ii NOISE Important questions about CLR 34 noise studies • Qualifications of CLR 34 members to conduct studies • Meter calibration • Methodology and consistency • Location of meter per best practices • Wind speed during each recording period • Measurement metrics and integration period • Isolation of non -plant noise HIGHWAY 34 TERMINAL I CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 18 Stc' NOISE Understanding Noise: What is really happening near the Rock and Rail concrete manufacturing site? Dave Kisker1 Ph. D. Partner!. Twin Peaks Partners LLC Report submittedto the Weld County Board of County Commissioners 20 July 2020 Noise "report"... • • Prepared by president of CLR 34, not an acoustic engineer Methodology is inconsistent, does not appear to isolate plant noise from other noise Not clear where the meter is located No discussion of weather Admits inability to decipher every sound HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 19 /4119>JZafl NOISE 64) 5.5, 50 Composite Baseline August 27, 2O19 anti April 21r 20' 0 This plot, or a portion of it, represents typical weekday night z rid morning noise levels. When the Rock & Rail plant is not operating, It may appear on the following graphs for reference purposes. di IA a ri • ri u.i ,2,7,1 — a ra ern a -r u-1 • i .1 T rw 6:1.1 ... ;01f .S+H L �.1 rY �d ('++ Y'i enAn� .in en :YI enL`� u.l fL N i-,i N rY H IN rY N ▪ N N CA IN R •N ,iJ N N +'Y G C 4�a r_ m no in en r a) r. tf'. Ys6 .7 iS. i_ q �•1 r:l ma R3 C v., i. -r5 J r a T a a V': .3 .r r. r4 T1 434 © 4 re ,~ ,-I .-i r i .� ▪ e N N ri rti Ir Lfl CIL P. Fi N R R5 R4 i .r a, m r\ rn tYf�79 ..a .^1 n Lilo Ml .r In 144. cfl .r. r- no T ,Y: * en T. ..d rl td f i. Cr +SYY IY^ 6 b f•t Y. eli .r M nil 'WV A W f It 4? ull .c. .. biro The "Composite Baseline" • • Taken at night • • • No traffic on Highway 34, no birds, little air traffic, etc. Rock & Rail plant not operating How can this "baseline" serve as a comparison? Shows violations of County noise standard, even in the absence of the Rock & Rail plant • Continuous violation of noise standard from approximately 3:30 a.m. onward HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 20 NOISE May 21, 2020 7.05 G5.05 ,m 6[0.00 i cm 55,05 • Start:5: 48 AM Ster 94 25. AM Plant Nail May IL 2020 Tine 'hi Q t : to IIIFIIPPIrm 11,1IMT ir N rYp �"` y� 17 T u� T � � A IYI 1!l en IM IR � !II - A � 4 T IV � rl �y �p �•I !r��'[ �,yi ,,qv�� .. �7' � � � � 1� ,.7..}�y.{�, _ . a R � °� � ��q, i�+t .. �r '�(7 � � ��1 ^�Xyi y} .may �_ G�' � � f�j'4 r{. R�yl g4 R_ N�tl �yy '+�If+ ��¢'+�, +F .ii kl M'. a tl H Fi f% (i P r;'I 4 A F ': E !I1 9 Y. 03 0 Y. ' ':7 '! . a ! . 11 4 4 4 1 * t Y� M Yl 9 a rR rA DLI A .C 74 N7 Yi Wl N`. V7 10 mug- m 1& 19 U7 ry :B 1a io W W Q W W mo r+ M" M1 A R t'ti R M1 i. R M1 A. sa h R R e-. A M1 R W m co U b mgia F1mOi$4.4 l n ian m one so at ow.o ar+ao+m m on ti; m o+an Composite baseline chart shows that this is likely ambient, background noise Momentary spikes measured on a 2:50 interval • Interval is not consistent with accepted approaches to sound measurement • Not clear whether attributable to plant • Could be a car door, bird, train, airplane, etc. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 21 Atk.\ fec.dpfi'tt4-at` NOISE June 10-11, 2020 Ki i 11) 50- 00 clatIO la 00 Start: 9: 34 PM Stop: 5:33 AM Train Arrival and Plant Noise Tune 1O-110 2020 T me is Train cud noisez wing from pitnta a diwity r1Rr1� It'r'i��►��!SIR C dzi :51 ed NI en 171• 7 (r 4 fl n a +a N 'Y f,li fit :074 ire 0,11 nt rrn+��P fn in in N F YI 711 7 T. tit d 0 0 0 d Q-1 v grin 1"I ri a# r1 srl N N -Pi ea ii RP:CI ” 0 14 9 in 111 4 a En! IA Plant stopped operating at 3:06 p.m. on June 10 • None of this is plant noise Train is exempt from noise regulation, controlled by Union Pacific Noise is well within industrial standard, and largely tracks composite baseline Unidentified loud noises No internal identified HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 22 t1/41/4 ��JZafl �� NOISE "Inverse Square Law" CLR 34 says... It can be calculated that the CRS Commercial Zone Limit will be reached at 9500 feet, or 1.8 miles. Inside this radius noise levels will exceed 60 dB(A), And so will exceed both state and local limits for commercial and residential activity. There are a number of residential areas within this radius with noise limits of 55 dB(A). It can be calculated that the CRS Residential Zone Limit will be reached at 16,700 feet or 3.2 miles, Inside this radius noise levels will exceed 55 dB(A), and so will exceed state residential limits and both residential and commercial Weld County limits. • • Based on key assumptions: • • • • • N o topographic change N o barriers N o atmospheric absorption N o ground absorption N o other sound sources Fails to consider all of the items that a sound study or model would consider... The Inverse Square Law as applied by CLR 34 would suggest that the Rock & Rail facility is audible at the interchange of I-25 and US -34 HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 23 110:2\ "`t NOISE Plant noise, pre -mitigation: • Based on actual data collection in June 2020 • Assumes normal daytime operations • No train • Buffering, berming, existing sound walls Noise Level, dBA • 30.0 35.0 40.0 45.0 = 50.0 55.0 - 60.0 65.0 70.0 - 7'5.0 80.0 85.0 = 90.0 0 250 500 750 et HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners —July 22, 2020 24 "Itis> tutat NOIS Plant noise, post -mitigation: • Based on actual data collection, July 2020 • Assumes normal daytime operations • No train • Buffering, berming, existing sound walls • New sound barriers around concrete plant Finite 5-5 Scenario 2 - Mitigated Noise Contour MAw (..BA) Signs and symbols Inda$r al build r j'F1orrn IS: alai s, myI kw ILA Noi:se Level, dBA KM . l' a a a 3110 35.0 40,0 45.0 _ 60.0 _ 55.0 = 60.0 65.0 70.0 75,0 80.0 85.0 _ 90,0 nt2D 7S0 tut!, HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners —July 22, 2020 25 till& NOISE HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 26 NOISE :5"Frew 1-1 r_e"6Jpr' a ! all prnLTG ccz, moo r 12f N el Slue Mt= Indium !d &nut.V pas km *bid ps a.S. touk ! Face- tht MEI bCIA . S. tilt gyps hits elini ion in a HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 27 -tree NOISE COMMON OUTDOOR NOLS:E LEVEL "commicw INDOOR SOUND LEVELS (18 IA) 5OU b LEVELS„.. 110 S4417 -2W1) Takeoff m 2 rni Ga_® lawn M t. t 3 I₹t Nse Truck si 150It - I- Ta cM at 2 rani. Noisy LtrWin, '1r iirna ail— IC Et 'r - ma R-757 Taipar2IT at 2 rn IL Coil ntertlaI.Araa a :10 _trlIfl� Quit Urban r n1■Tut Quiel gieban NLghlttr au_Ist Subirbary Niealltirrkti it • QraI of R-uial N hitii rr 1} 0.a' ■ a in iv -r a as 1 is ■ _ b s a on a - -.r 9f es 1 OD Ineide Staitsiwav l alrL\ °m i fro . Ble n do at Ms siS go -®r•1ti D sn,I 3 M L.rbin a t a Vat:curl Cleanet ID ni 1e Ii ' u Nonni S c m €i t I 3 ft . r ran Larcc 1 : rInes G'r t& 3a ova 5 _ ■ sari ribr0 1 IC 0 i.RID beJrr■atiVa I N _j 'Concert Hall kLI. cKQrouri 411aA:kairceurecii 8 roSti : so 'Si Rocaritinig Tinrrshold of Heal -Iry Normal Rock & Rail operations as heard from lndianhead Estates, based on actual data, with mitigation HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 28 Sesk tocizsat NOISE Railroad noise is not regulated by County Code, but has a limited impact • Since plant commenced operation in 2018, 70 trains have arrived and departed the property i • Averages to approximately 3 trains per month Most during summer months highest month was 8 trains in September 2019 • No trains in January, 1 in February, 2 in December, 4 in November, 5 in March • unloading • Earliest: 7:16 a.m. • Latest: 4:50 p.m. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 29 'closesk "`t NOISE Existing Control Measures Site 'Substantial buffer area along property margins ' 15 to 20 feet tall berms —north, east and south (on average 10 feet higher than rail track) 'Six (6) feet high fence along northeast side of property 'Interior Berm north of concrete plant •1 ,200 -foot long, 10 to 15 feet tall wall along southwest site of property Rail 'Enclosed unloading facility ' Underground hopper for receiving material 'Partially enclosed aggregate transfer points 'Reduced height transfer towers ' Loaders, skid steers, and other equipment's backup alarms switched to white noise Plant ' Enclosed loadout 'Enclosed aggregate transfer into silo ' Ground mounted blowers, enclosed in buildings ' Loaders back up alarms switch to white noise Additional Measures Plant ' Sound Control Wall ' Trucks switching back up alarms to white noise alarms ' Signs indicating "Quiet Zone, No Backing Up" to limit back up alarms. Rail ' Replaced steel brakes with composite material brake shoes. ' Additional training for train engineers on best practices for train handling and brake application. ' Rail greasers added to unloading loop (this substantially reduces friction between wheel flange and the rail) ' Later arrival for cement and fly ash ' Shut down locomotive after unloading during warmer weather conditions to limit idling. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 30 At**, «tl UST Since commencement of plant operations... • i • 0 complaints to CDPHE I complaint to County, no violation 1 incident observed by County, resolved by Rock & Rail Complaint Report Case Number CP-1 YU'JUUEI Type or Conip aant: .Air Rececilieel by: Isabelle Vazquez Complainant Ed Suppes Address: CO Phone Number 97a396MO Complaint Address: 21486 CR 13, WELD, CC Property Owner Gerrard Investments Lk Property Cr ner Address: 27154 COUNTY ROAD 13, JOHNSTOWN, CO 805348205 Property Owner Phone Number Discription of plaint: Date"Tim : 111012019 8:3D:1 Date of Incident: Complaint of dust from truck traffic attic Rock. and Rail facility.. Will follow up. Went out to the area on 11842019.. There was truck activity onsite, but there were no visible emissions observed from any activity occurring. No opacity reading conducted as there were no visible emir to observe. e. Emailed IErin Kunkel and received the fallowing response: II spoke with our onsite staff and they have conveyed to me that live did not complete any specific activity tonsite that may have caused excessive fugitive dust emissicrs on either Thursday or Friday. After speaking wilt them, we deterrined that the loader operator moved a small amount of material one Thursday, but the activity occurred far less than 3E) minutes and did not deviate tram our active air Fite.. Close out Complaint of dust from truck. traffic at the Rock and Rail WiI.l fOllow up.. W=ent out to the area on i/812019 truck activity onsite, but there were no visible emis n:s rot:lensed from any aity °muffing. No opacity reading 'inducted as there were visible emissions to �L&aiva no HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 32 /04c,\ DUST HIGHWAY 34 TERMINAL I CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 33 DUST Dust from Rock & Rail Plant at Rockin' S Ranch June 1, 2020 Opponents' Dust Photos • Telephoto lenses are intended to magnify problems Hazy days • • Accepted air quality standards require taking photos with sun behind the camera • Opacity of dust does not exceed permissible levels No dust transmission to Indianhead itself • Some photos taken on days when the plant was not in operation Only one photo from 2020 • • HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 34 Al> DUST Sunday no operations on site Hazy day Dust appears to be blowing from northwest, which is not where stockpiles are located January 13, 2019 CLR; 34 NIA., 11OCC CtaQc-0004, 22 July 2'020 5.2 HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 35 loci)\ °"I DUST Aerial View of Indian Head Estates May 2/, 2020 HIGHWAY 34 TERMINAL 1 CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 36 At\ ottoce4 45O7?sal UST Health effects of Particulate Matter Air quality "report"... • Not prepared by a pulmonologist or allergist; prepared by a Modern-day sir quality standards are motivated by the protection of all peophe, but particulady of these .susceptible individuals. In the United States, the National Ambent Air Quality Standards mandated by the Clean Air Act are set with the explicit intent to protect susceptible groups with an "adequate margin of safety" based ba5ed on the best available evidence (5).. In fact, is data from susceptible subpopulations that show a greater risk of adverse health outcomes resulting from a ,given exp -sure that have driven the standards for gar pollutants to, increasingly lower levels (6). Protection of susceptible groups is the fundamental motivation for the regulation of air poflution. Trine Bogart,. MD Submitted to the Weld county Board of County Commissioner 20 July 2.020 LJVCl I I1/4.11. COLOLJI1OI I L'auOC-GII'C'.L relationship between facility and any medical condition HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 37 ottoce4 45O7?sal UST "Using data from Martin Marietta's submitted and approved applications, ! confirm my prior findings that the asphalt plant and storage facilities, and concrete plant and the aggregate transload facility sources operated under the terms of their permits meet applicable Clean Air Act standards, both from a health and nuisance standpoint based on models and parameters set or accepted by CDPHE." "The facility has met all the permit requirements and is in full compliance with the permit. There have not been any issues associated with the facility from the State of Colorado." --David Stewart, Ph.D„ P.E. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners —July 22, 2020 38 10> tleed DUST HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 39 'closesk "`t DUST Existing Control Measures Additional Measures Plant ' Central dust collection at load points ' Lined aggregate scale from overhead storage to capture dust ' Operators trained to limit drop heights when transferring earthen materials ' 2 opacity -trained operators every 6 months •Baghouses (6 on top of silo) ' Enclosed load out ' Polymer blend dust suppressant on unpaved roads ' Material stockpiles partially enclosed ' Conveyer covers on aggregate conveyer feed belt ' Asphalt paving on all non -roadways. ' Aggregate weigh hopper fully enclosed in the plant Rail ' Spray bars on transfer points ' Enclosed rail aggregate loadout ' Partial enclosed aggregate transfer points ' Water truck and sweepers ' Tarp loads ' Reduced and enforced speed limit •Additional Polymer Blend dust suppressant on unpaved roads HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 40 STORMWATER Water Quality: One More Drip in the Incompatibility Story July 20, 2020 By Joanne Fenton Ellen Kiskec, Ph.D. Stormwater "report"... • Not prepared by a civil or hydrological engineer; prepared by project opponents • No data regarding the site • Appears to voice concerns about CDPHE enforcement capability HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 42 10:62\ tttt.toriti"`i STORMWATER The actual data... All of the: soil &unpile analytes in all of the sampling classes were reported as non -detect both on -site and offsite except for Barium and Chromium. Barium was detected in al of the onsite samples as well as at an increased lev& in the offsite samples. However, of the Barium reported results were less than the applicabm EPA and COPHE Iimts1 Chromium was only detected in the �ffsite #5 sample (south of the site) and was eSl bellow all of the comparable Urnfts for EPA and CDPNE These pail samples conclude that f ere are no nta in nts of concern that could cause adverse environmental or health effects in the soil at the Rock & Rail Faclhty that could pate ntiafly leach into the groundwater or stornnwater. HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 43 ertg)% PROPERTY VALUES Property Value Losses are Real NI/RR's: Highway 34 Facility Has Cost Indianhead Estates West More than 5600E So Far July 20, 2010 By Ellen Kicker, PhD, with Melanie Schlotter Real estate "report"... • Prepared "Twin Peaks Partners" —owned by CLR 34 president Entire report is based on County assessor value estimates and assessed values (which are set by state law and have little relation to sales prices) Comparison to one other neighborhood, which the report even admits is not a good comparator to Indianhead • Claims "flaws" in Rock & Rail real estate report, which simply reports actual sales • HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 45 Indianhead Estates West (z6 homes) Mad Russian (143 homes) Between 2015 and 2017 NOV (before MMnA/RR construction) Be#ween 2017 and 2019 NOV (after AAMM/RR construction) Be#ween 2015 and 2019 NOV HIGHWAY 34 TERMINAL / CHANGE OF ZONE 35% 38% Entire report is base •'' on County assessor's valuations NOT actual sales Weld County Board of County Commissioners — July 22, 2020 46 itgic)\ PROPERTY VALUES Median Sales Price $ .4M $1.21M 1.OMI 0.8M $f.6M $O.4M Weld County Homes ailong RD 56, 34, road 13 and 15 O.2M _ 2019 Median Sale Price: $637,800 *removes $1.2M sale in Coyote Ridge in September 2019 and $329K sale in Kelim in February 2019 1-2015 'i-2016 1-2017 1 1-2018 1-2019 1-2020 Weld County & Homes along RU 56, 34, road 13 and 15t HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 47 D NEIGHBOR MEASURES List of Mitigation Measures Taken To Date Sound walls Berms Concrete plant modifications Truck underpass Underground power line Landscaping Traffic improvements Neighborhood water line connection Enclosed unloading facility Reorganized Farmers' Ditch engineering and permitting $940,000 $1,900,000 $1,200,000 $3,850,000 $35,000 $870,000 $6,800,000 $36,000 $250,000 $11,000 TOTAL MITIGATION $15,900,000 HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners July 22, 2020 49 fF w WHAT DOES ROCK & RAIL DO AT THE HIGHWAY 34 TERMINAL? Aggregate Transloading Asphalt Mixing Commodity Transloading Concrete Mixing HIGHWAY 34 TERMINAL / CHANGE OF ZONE Weld County Board of County Commissioners — July 22, 2020 51 r Jessica Reid From: Sent: To: Cc: Subject: To be added as an Exhibit. EXHIBIT rS)D Cozy -aoay Esther Gesick Wednesday, July 22, 2020 10:38 AM Bob Choate; Commissioners; Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid paperhprod@gmail.com FW: Rockin S Ranch Esther E. Gesick Clerk to the Board 1150 O Street I P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 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: Debbie Glasco <paperhprod@gmail.com> Sent: Wednesday, July 22, 2020 10:10 AM To: Esther Gesick <egesick@weldgov.com> Subject: Rockin S Ranch Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings, I am reaching out to express support for the Rockin S Ranch. I have been a vendor there on multiple occasions and want you to know that it's a beautiful property/venue as it stands today. The owner, Chris Friede, has made a significant investment to make her venue the one -of -a -kind and beautiful that it is today.. Having it rezoned to Heavy Industrial would be detrimental to the success of her venue. As an event designer and florist, noise and visual appeal is a make it or break it in the event industry. Photos are a big part of weddings and changing the view would not make that venue a desirable venue and I'm certain having a level of noise in the background would turn potential clients away. I ask that you do not approve the rezoning to Heavy Industrial. The Rockin S Ranch is a highly desirable and affordable venue for many vendors and clients in Northern Colorado. Debbie Glasco Owner, Paper Heart Productions 1 Jessica Reid From: Sent: To: Cc: Subject: Hello Bailee, Esther Gesick Wednesday, July 22, 2020 2:23 PM Bailee Ward Commissioners; Bob Choate; Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid FW: Rockin S Ranch Your email has been received and by copy on this message is being forwarded to the Commissioner and will be included in the public record as an Exhibit. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 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: Bailee Ward <wanderoftenphotography@gmail.com> Sent: Wednesday, July 22, 2020 2:00 PM To: Esther Gesick <egesick@weldgov.com>; asynder@weldgov.com Subject: Rockin S Ranch Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Case #: COZ20-0004 for Public Record Weld County Board of County Commissioners: I am writing on behalf of Chris Friede, owner of Rockin S Ranch to STRONGLY OPPOSE the Weld County Rezoning Application COZ20-0004 and insist that the application be denied. Her 35 -acre property (that is home to both home and business) directly borders the majority of the east side of the Rock & Rail/Martin Marietta facility. As a property owner who borders the facility, both my family and business have already been very negatively impacted by the noise, dust, visual impact, traffic, and financial hardship from the Rock & Rail facility and the illegal operation of the Martin Marietta concrete operation. 1 As the business owner of The Rockin 'S Ranch wedding and event venue, USR15-0028, the negative impact of the Rock & Rail/Martin Marietta facility has reached my business and anyone who chooses to book a wedding at my venue My business was established in 2014, and I received my USR approval from the county in June 2015, prior to the County hearing for the MMM USR Over the past five years the unlawful activity "next door" has had a significant negative impact on my business due to noise, dust, visual appeal and increased traffic, and the situation only continues to get worse due to complete lack of disregard by Rock & Rail/Martin Marietta for the critical needs of my business, neighboring residences and farms and their unwillingness to follow through to implement and adhere to development standards The negative impact of this facility on my business and the surrounding neighborhood would be devasting if Weld County BOCC were to approve this rezoning I purchased my property in 2011 and knew I had found something very special, a spectacular, panoramic view of the Rocky Mountains, an adjoining lake, beautiful sunsets, quiet, rural setting surrounded by great neighbors and prime farmland Upon purchasing the property my children and I immediately started a major cleanup of the 1950's dairy farm We have worked very hard and I have made significant financial investments to improve the property with a vision to transform it into a stunning wedding and event venue From 2011- 2014, in addition to the major cleanup I worked closely with architects, a builder, structural engineer, landscaper, Weld County Planning Department, the Weld County Small Business Development Center, neighbors, family and friends June 17., 2015, was the date that I reached a major milestone in launching my small business, the Weld County BOCC approved my USR15-0028 for The Rockin' S Ranch Wedding and Event venue. In applying for and getting my USR approval, I worked with my neighbors to make sure I addressed and resolved any concerns A huge pillar in the building of my business has been to maintain the historical rustic nature of the 1950's dairy farm, in order to preserve this special piece of local history, as well as to provide my community with a business that will serve as a positive gathering space for one of life's biggest milestone events, and provide local entrepreneurs and small businesses (photographers, caterers, florists, DJs, wedding planners, etc ) with a Weld County wedding venue that attracts business from all of Northern Colorado and provides these people with work As a result of constantly seeking to be a good neighbor and considering the community impact as I build my business, myself and my neighbors all work well together with respect for one another When considering their wedding locations, my potential clients consider how the venue will photograph, what the ceremony site view looks like, and the overall setting and ambiance of the wedding venue for their guests The presence and negative impacts (dust, visual, noise, traffic) of Rock & Rail and the Martin Marietta facility directly affects how sellable my venue is to potential clients, not to mention the "wedding day experience" of existing clients that booked the venue a year or more in advance I have specific development standards that are part of my USR I take these development standards very seriously and am diligent in adhering to them and work hard to be a good neighbor I respect my neighbors and we work together as a community For example, A -Concrete, a business which is located to the east of my property across County Road 15 and Coyote Ridge Construction, another business located to the west of my property off County Road 56 have both been excellent to work with They demonstrate what being a good neighbor should be We work together, respecting each other's business needs, adhering to required development standards, and showing mutual respect for each other's businesses and for the surrounding neighborhood This has most definitely NOT been the case with regard to Rock & Rail/Martin Marietta Over the past five years, I have lived the with reality of what kind of a "neighbor" they are They are only concerned with their business with no regard to any of the surrounding residences, farmers, and businesses They have demonstrated unethical, illegal behavior and do whatever is necessary to operate their business at the expense of those around them, including a subdivision of over 100 homes, farms, and businesses such as my wedding venue They have a complete lack of respect with regards to the negative impact their business has on the lives and businesses of those around them Following are a few examples of the increased negative impact since 2015 Noise Levels: 2 A significant increase in noise (at all hours of the day and night) due to train arrival/departures, train unloading, concrete plant operations, conveyors dumping materials 0 • Loud crashing noises when • train unloads The train unloading building is directly across the lake from my wedding venue so noise from the unloading is the worst in the venue ceremony area It is a constant worry that a train will be unloading in the middle of a wedding ceremony which • would be horrific for a bride/groom as they say their vows and would have devasting impact on my ability to stay in business • Loud noise from illegal • operation of cement plant and movement of material being dumped from conveyors Under my USR the development standards state that I have to meet the noise requirements of the "unspecified" zone, which are identical to those for the residential zone 55 dB(A) day, 55 dB(A) night I'm further restricted to no music after 12 AM and no partying after 2 AM, (although, to be sensitive to my neighbors I end all music by 10 pm) These are legitimate restrictions for the protection of the neighborhood so that The Rockin' S Ranch is "compatible" with its surroundings Rock & Rail's application to Weld County for the subject rezoning identifies 5 Weld County businesses located close to the proposed Industrial Zone as evidence that the 1-3 zone would be compatible with the surrounding area • O Pet Crematorium/ RV storage ® area, USR 15-0040 • • A Concrete, USR 16-0010 0 • • W3 Legacy LLC fly ash transloading © facility, USR 15-0010 • • • Conference Center, USR 15-0028 • • • Construction business, USR • 15-0075 • A search of the Development Standards for these USRs reveals the following USR Document Noise limit 15-0040 20153646 Unspecified, 55/50 dB(A) 15-0044 20160083 Unspecified, 55/50 dB(A) 16-0010 20161723 Commercial, 55/50 dB(A) 15-0075 20160731, 20160596 Residential, 55/50 dB(A) 3 15-0028 20151533 Unspecified, 55/50 dB(A) Since the proposed 1-3 zone would be permitted to emit 80 dB(A) daytime, 75 dB(A) nighttime, it would NOT be compatible with these surrounding uses Hours of Operation: Facility operates all hours of day and night • • • Trains arrive/leave all hours of day and night My family and I frequently get woken up when trains arrive/leave in the middle of the night O e O Train unloading not limited ® to day time hours or during the week Unloading often occurs on weekends and evenings, prime time for wedding ceremonies Visual impact. The berm that was put in along my property line which was supposed to be landscaped and maintained is now full of weeds, a fire hazard, and no additional screening or landscaping has been done This has resulted in a very negative impact on the view from my wedding venue, a view that was once one of the key selling points of my venue What has replaced the stunning mountain views and beautiful sunsets is a berm full of weeds with large conveyors, train cars, piles of material and a train unloading structure directly across from my venue which sticks out like a sore thumb, certainly not the vision of what couples want as a backdrop for their wedding ceremony and pictures. Business ethics. As a small business owner, I have worked very hard and have made significant financial investments to develop and operate my business I am ethical and respectful of my neighbors On the other hand, Rock and Rail/Martin Marietta, a multi -billion -dollar company has demonstrated a complete lack of respect for any of their neighbors Based on firsthand experience over the past five years, they only care about what they need to do for their own business and will go to whatever means they need to in order to accomplish it, unethically, illegally, whatever it takes Allowing Rock & Rail to rezone is incompatible with the surrounding area and if Weld County approves this spot rezoning it will not only be devastating to the surrounding neighbors, it will put my wedding venue out of business, a small business/USR that has already been approved and is operational under a valid USR from June of 2015 In closing, I'm asking that you DENY Weld County Rezoning Application COZ20-0004 Not only will the visual impact, increased noise and traffic, and odor have a significant negative impact on residents, farmers, and businesses such as mine, as well as anyone who travels on Highway 34 This proposed re -zoning will also prohibit my ability to continue to operate my wedding/event venue business, The Rockin' S Ranch Sincerely, Bailee Ward 4 Hello