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Home My WebLink About20202125.tiffEXHIBIT INVENTORY CONTROL SHEET CASE COZ20-0004 - GERRARD INVESTMENTS, LLC, C/O ROCK AND RAIL, LLC Tyler Exhibit Submitted By Emit Description A. B. C. D. E. F. G. H. I . J. K. L. M. N. O. P. Q. R. S. T. U. V. Planning Commission Resolution of Recommendation Planning Commission Summary of Hearing (Minutes dated 06/16/2020) Planning Services 4 - 45 PowerPoint presentation and site visit slide show Karen and Grant Strawmatt 46 Letter of opposition dated 7/3/2020 (received 7/6/2020) Lynn Stockton 47 Letter of opposition dated 7/7/2020 (received 7/8/2020) Michael Anest, A3 Construction 48 Letter of support dated 7/1/2020 (received 7/9/2020) Randy Stippich, Claystone Const. 49 Letter of support dated 7/9/2020 (received 7/9/2020) Jeff Nissen, T.C.S. Inc, 50 Letter of support dated 6/29/2020 (received 7/9/2020) Jason Waldo, Waldo Trucking 51 52 Letter of support dated 7/9/2020 (received 7/9/2020) Tony Milo, Colorado Contractors Assn. 53 Letter of support dated 7/8/2020 (received 7/9/2020) Ellen De Lorenzo 54 - 55 Letter of opposition (received 7/9/2020) Ken Baty, Coyote Ridge Construction 56 Letter of support (received 7/13/2020) Sharon Powis 57 Letter of opposition (received 7/12/2020) Brad Mueller, City of Greeley Clarification of the City of Greeley's referral response 58 - 59 (received 7/13/2020) Tom Norton 60 - 61 Letter of support (received 7/13/2020) Don Anderson 62 - 63 Letter of opposition (received 7/13/2020) Richard Grimaud 64 Letter of opposition (received 7/13/2020) Tricia and Ron Bartolomei 65 - 67 Letter of opposition (received 7/13/2020) James. R. Silvestro, Request for continuance on behalf of Kisker, Oplinger, Ireland Stapleton 68 - 70 Dirks, and Piraino (received 7/13/2020) Harold Amerin, Harold's Excavating 71 Letter of support dated 7/10/2020 (received 7/14/2020) Bill Jerke, FUEL 72 Letter of support (received 7/14/2020) Dave McDonough 73 - 74 Letter of support (received 7/14/2020) 2020-2125 EXHIBIT INVENTORY CONTROL SHEET - PAGE 2 CASE COZ20-0004 - GERRARD INVESTMENTS, LLC, C/O ROCK AND RAIL, LLC Tyler Exhibit Submitted By Page # Description Tom Preston, Colorado Asphalt W. Pavement Assn. 75 Letter of support dated 7/15/2020 (received 7/15/2020) Dave Kisker/ Email correspondence regarding "creepy trespassers" X. Sheriff Reams 76 - 77 (received 7/15/2020) Jeff Shulse, TruHorizon Environmental Business offering permanent sound barrier solutions Y. Solutions 78 - 79 (received 7/15/2020) Page 12, correction to CLR-34 PowerPoint presentation Z. Dave Kisker 80 - 82 (received 7/15/2020) AA. Robert Balich 83 - 84 Letter of opposition (received 7/15/2020) Dan Haley, Colorado Oil and AB. Gas Association 85 - 86 Letter of support dated 7/17/2020 (received 7/16/2020) Barry and Sandy AC. Robertson 87 - 90 Two letters of opposition (received 7/15/2020) Terry Perardi, Colorado Asphalt AD. Services, Inc. 91 Letter of support dated 7/17/2020 (received 7/16/2020) K. Spencer Zinn, AE. West Edge, LLC 92 Letter of support (received 7/16/2020) Letter of opposition dated 7/16/2020 (received AF. Pete Straub 93 7/16/2020) Letter of opposition dated 7/15/2020 (received AG. Susan Straub 94 7/16/2020) Tom Livingston, Livingston Leigh Livestock of Weld AH. County 95 Letter of support dated 7/15/2020 (received 7/17/2020) Dino DiTullio, Westward Al. Development 96 Letter of support (received 7/17/2020) John C. Moore, Ill, AJ. JE Dunn Const. 97 Letter of support dated 7/14/2020 (received 7/17/2020) Bill Moser, AK. Wells Trucking 98 Letter of support (received 7/17/2020) PowerPoint presentation on the Inverse Square Law (noise compatibility), an article on Highway Noise AL. Gary Oplinger 99 - 112 Barriers (received 7/20/2020) 2020-2125 EXHIBIT INVENTORY CONTROL SHEET - PAGE 3 CASE COZ20-0004 - GERRARD INVESTMENTS, LLC, C/O ROCK AND RAIL, LLC Exhibit Submitted B Todd R. Ohlheiser, Colorado Stone, Sand and Gravel AM. Association Nathan Anderson, AN. Union Pacific RR Paul and Sharon AO. Markus Nikki Giordano, Homebuilders AP. Assoc. of NoCo Jeffrey Shulse, TruHorizon Environmental AQ. Solutions Brian J. Connolly, Otten, Johnson, Robinson, Neff and AR. Ragonetti, PC Tyler Page # Description 113 Letter of support dated 7/17/2020 (received 7/20/2020) 114 Letter of support dated 7/17/2020 (received 7/20/2020) 115 - 116 Letter of opposition (received 7/20/2020) 117 - 118 Letter of support dated 7/20/2020 (received 7/20/2020) Email communication and Precast Concrete Barrier 119 - 121 specifications (received 7/20/2020) 122 - 270 Additional applicant materials (received 7/20/2020) 2020-2125 rt;;! - no innij% concem;ng this property will be heard before the County Planning Cornmiss,on and Board of County Commissioners Bu'h hranng3 to ,,a d wt. Commission Hearing will be th JUIJE � �D 2020; at: Clam, am, unto Comrnlss;cru;r Hearing will be t cta qr Request. r -A (fi44Jct}Inill &ro,1, 2ate FOR FURTHER INFORMATION PLEASE CONTACT AT THE WELD COUN 1Y DEPARTMENT OF PLANNING SERVICE:-;, AT 9'16-353-6100, i!Xt 3525 For Adaillon3i Ifl'orrnation Visit Wwr"N.Yet'it7Cfiufltyplartningcasos.ofG 4[flh(4K hcOaittC nttk.rrt trk;rd tr.te:tVei>nrk fAvriv,•wo.t !Ian sigh' try'onluAnt,' Pr '.t tgVnit..M..y tti.Nit B-etrfM t eti.-n&ea- alb au r t:Ta't'r:4x.n,lccct7'. wrrrr ,n nin.*data* t* .tM'a Cm!✓Mk or 'W.or:..L;rti to '')..4 (A -r ,tam :rt bo-t!.4 (r ry C cm v: IA.YI healos-t _ c ,_� t-ib&C he fcUK:ha ayt' erni'ly'F i5 F''e r:ity nl' be heErd L. -Jr ra tht3 C:UL ntv Plarriti j Corn T133COr Uut: 0:ard tp COW) ill C. nmrmur o'ler? both neern.T. "moll tr> 1 EIG 2t Plenring C:r nnrn ;sir Hear Fl;l v. if ce trek on &lard (' GLIM ty !Th+Nnmissianer f INannej 'All:; he. rely an FOR FI fRTP-ER NIQRMATIUN PLEASE CC)N1 ACT AT THE vtiFI D :;oir( DFP'AtThdEAT Or ?LAFif'I.NIG SERVICES Al 9IC-153-51910, exL rt.- Act rtlonal Irfornation • it Vrmv: %c Count' pi rn ngcaaes:arg ArTurr'l'?;wc,r.rga el-tr,rrl.'N', iFmr ',Priir-Ai C.+yc.n.nl'k.t -.dairy k.krePa.,!'&tit:to-.: tal'9 tv'A.'. r'mn'w '. td. -.rr« dN'u.c!Dor $.-M, . , d xetns wscr y .: a onto dg:En n.444 r.kyn w.1 r"ci . 45. nr I Kr:nl t5lih. rmorwu'n'6c(ii'' Ot.r.unCn':r.c.iusnr.6:rida CtartY=rin;1WkY'etlCJy[. • 46414 } r •;.C . 9^, r„ A. a t it • 44 4 : .: -,I las 4e:. , , Z.N.: $4,1115074iltilk ti. 114 II Ji.:Ne pr y,..,,,,,,,,:,:,1_44.73...4 g 7,,r 0.. 'k"�! ►y X f • ! r .' rg s. z•fir, i • • ' -- , •• of { ) u L .a `.. 1 44,i) Fyt l� t '.� sa it q ,' Is C �� :, '1/4T • . ilk �- N'rti 4 , 4 /,4 1 t arar-ifI Is a - k 1/4\O1 �`. Wit ‘01.1 4 S '4, , t Adult business, service or entertainment establishment Agricultural production. Airstrips and airports, including crop -dusting operations. Asphalt or concrete batch plants, temporary Asphalt or concrete batch plants. Biosolid and domestic septage disposal Breweries, distilleries, and wineries. Car washes and gas stations. Commercial storage buildings. Commercial truck washout facilities. Custom meat processing. Distribution centers. Farm equipment sales, repair, and installation facilities. Golf courses. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. Heliports. Indoor shooting ranges. Landscaping companies. Lumberyards/woodworking. Meat processing. Offices. Oil and gas storage facilities. Oil and gas O rganic ferPi facilities. es omp O utdoor storage utility-rel. -. equipment. O utdoor storage. Parking areas and parking s#ruE Pet crematories. Police, ambulance, and fire stations or facilities. Public parks. Public schools. Racing facilities. Repair service establishments. Research laboratories.. Research, repairing, manufacturing, fabricating, assembling, processing, or store nature. Retail/service establishments. Small scale solar facility. Taxi services, bus services Telecommunication antenna towers Temporary borrow pits project. Theaters and convention halls. Transloading. Utility service facilities. Vehicle service/repair establishments. 1-3 Uses by Right and by Sifie Plan Review Change of Zone 1. That the proposal is consistent with Chapter 22 of the Weld County. 2. The uses which would be allowed on the subject property by Ito granting the change of zone will be compatible with the surrounding land uses. ewer service can be made available to the site to serve the uses permitted within the proposed zone district. 4. Street or highway facilities providing access to the property are adequate in "PPP to meet the requirements of the • • 5. In those instances \there the following characteristics are applicable to ME rezoning request, the applicant has mpliance with the applicable stand. rds. THAT THE PROPOSAL IS CONSISTENT WITH CHAPTER 22 OF THE WELD COUNTY. Guiding Principles as. Private Property Rights Res sect for Our Agricultural Tradition Fairness in the Land Use Change Procedure iftt Recognition of the County's Diversity Regulations Addressing Land Use Changes Economic Growth Industrial Goal 1 Section 22-2-80 I.Goal 1. Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable. Industrial Goal 2 Section 22-2-80.8 I.Goa/ 2. Encourage appropriate industrial development to annex into a municipality if the new or expanding industrial development is adjacent to the municipality's corporate limits. r LAND USE is map was it lu strati', .e purp y re_percussion:s s.use or misrew__ this map or its contents, Ether in to n lion al OF net. a. sole re5p®n5ibi1'rty c4 the: ateah srn.1.201 dated by: tilting e a toed: tabed by; st€rmetich • LLJMA2O1® Single Family Residential Central Business District Other Public/Semi-Private Multi -Family Residential MO Employment Corridor Schools Low Density Estate Single Family Residential Neighborhood & General Commercial Light Industrial High Density Estate Single Family Residential Community Separator Heavy Industrial i Residential Mixed Use Parks, Open Space, Mineral Extraction & Flood Plain I GMA CIA CAC Bluffs Water 1:87,127 ededi; EI1L1 � � � B � U'1�1 j fly �'�i 4it°+ siL'r+'tra *Is raj Industrial Uses girh tluiLr4 Parka, Nor trrmpuyinn niatwig lines I'oti'E�MAlS'0 5µ+Lim U 34 t � Lir.al uisi Milliken ulr ran •UIrei frIvn Ian r�l" l,sotip...L:wifir I tam ptertili Lan I. return Kati Nemor}' o rl' .mss 2y A' tLimirciwei :J 'carr. Lumn earl Claud Linmerla Inbadtr w 6'1 y ri Wu molar trytim Lr 4;!1 v v`^ aul ix; LArtiter, L rrn rti Fes, • -I '` r.iur 1NULtsdatY Ix! ratiery - • a :/!arall 1 • `emir me red • yeas. ' LtNeCri 1D Industrial Goal 3 p Section 22-2-80.C. I.Goal 3. Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments. Industrial Goal 4 Section 22-2-80.D. I.Goal 4. All new industrial development should pay its own way. Industrial Goal 5 Section 22-2-80.E. I.Goal 5. New industrial uses or expansion of existing industrial uses should meet existing federal, state and local policies and legislation. Surface Transportation Board (STB) Rail Customer and Public Assistance Program 1-866-254-1792 N 1-202-245-0238 rcpa@stb.gov Industrial Goal 6 Section 22-2-80.F. I.Goal 6. Minimize the p incompatibilities that occur between industrial uses and surrounding properties. Walla DEPARTMENT OF TRANPRTATION COLORADO DEPARTMENT OF TR N P RTATION NOISE ANALYSIS AND ABATEMENT GUIDELINES JANUARY 15, 01 COLORADO DEPARTMENT 1ENT OF TRANSPORTATION Department of Transportation Development (DID) En : F .L entail Programs Branch 4201 t Arkansas. Avenue, _ y Net, Colorado 80222 Noise hog= (303) 757-9015 This document suedes. CDOT Noise Analysis and Abatement Guidelines dated February 8, 2013 Industrial Goal 7 Section 22-2-80.G. I.Goal 7. Recognize the importance of railroad infrastructure to some industin.a/ uses. CRITERIA THE USES WHICH WOULD BE ALLOWED ON THE SUBJECT PROPERTY BY GRANTING THE CHANGE OF ZONE WILL BE COMPATIBLE WITH THE SURROUNDING LAND USES. rartrarara 411 itRY9anSe efikaat ear ararFal CENT E • V liage Center .34Thnstawn Gate' Gateway DOWNI Downtown dawritc f r &I'k plan) pisnuers is Errs pteryment Co rrirrierrial Ca nrnercial l di ce ! U` NEIGHBORHOOD(S) Consenratioft-oriented Agricola Natal/Large Lot Residential Resklential Mixed -Use Low Density Residential (av91 3 du/ac) Medium Density Residential (avg. B dour) Public/Institutional LTI-MODAL CORRIDORS Fray Expressway y .Major Arterial bar Arterial Local Road.; Railroad Community Trail Primary Granny -0, :',11;;;:traTi#4-1.:72:10friree" y th ,`'. jle -11:i°,711 :I; ,441):( /41// AM/ .i 441144.7. Sae larC114#44 [ rie;:a/77 11/0.1 At .:10„ 7/7 . 7/ /1/4.. leVard :d 00,4, AO fee(3/0:1,S seNa e.e.;'077/7",. I-SAS 7/0/ grirZesa s Legend LUAM Future Land Use Description Agriculture Commercial Industrial Mixed Use Open Space Public Residential Tra nsitian World Street Map 1 ilch=O.89mil . Imagery O020 Maxar Technologies, USDA Farm Service Agency, Map data @2020 United States Terms Send feedback 500 ft Crowley Marine - Boats t _ Googl� nitEI A Frrtiissinn _ - Sanborn, U.S. Geological Survey. USDA Farm Service Agency., Map data ©2020 Terms Send f-dbac'k boa f Hien'Brie s i r. Alit I I r =\ .II tr axar Technologies, US. GeologicaPSurvey, USDA Farm Service Agency, Map data 02020 Un ted States Rnkk r lac d Ili imam air alias task"- sea Percheron Dr C! FrT 20 Maxar Technologies, USDA Farm Service Agency, Map data ©2020 United States CRITERIA ADEQUATE WATER AND SEWER SERVICE CAN BE MADE AVAILABLE TO THE SITE TO SERVE THE USES PERMITTED WITHIN THE PROPOSED ZONE DISTRICT. STREET OR HIGHWAY FACILITIES PROVIDING ACCESS TO THE PROPERTY ARE ADEQUATE IN SIZE TO MEET THE REQUIREMENTS OF THE PROPOSED ZONE DISTRICTS. CRITERIA IN THOSE INSTANCES WHERE THE FOLLOWING CHARACTERISTICS ARE APPLICABLE TO THE REZONING REQUEST, THE APPLICANT HAS DEMONSTRATED COMPLIANCE WITH THE APPLICABLE STANDARDS Site from Indianhead Subdivision FILE (EXHIBIT C) CONTAINS SITE VISIT SLIDE SHOW Please See Flash Drive in Original File Jessica Reid abject: Change Ag to Heavy Industrial in Weld Co. EXHIBIT Original Message From: GRANVILLE STRAWMATT <strmwkr@bajabb.com> Sent: Friday, July 3, 2020 7:34 AM To: Mike Freeman <mfreeman@weldgov.com>; Scott James <sjames@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kevin Ross <kross@weldgov.com> Subject: Change Ag to Heavy Industrial in Weld Co. We strongly reject the idea of moving acreage from agricultural to Heavy Industrial on the 34 corridor. Leave our agricultural acreage alone. We need this land to grow crops to support feeding people. NOT HEAVY INDUSTRIAL that destroys our beautiful Weld Co. and looks like a lot of Commerce City. It just ruins our country side. WE ARE URGING YOU TO NOT VOTE TO CHANGE THIS. Karen and Granville Strawmatt Johnstown, CO Weld Co. 1 Jessica Reid bject: Zoning change From: Steve Moreno <smoreno@weldgov.com> Sent: Wednesday, July 8, 2020 11:20 AM To: Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: FW: Zoning change 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 e 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: Lynn Stockton <lesis2mor@hotmail.com> Sent: Tuesday, July 7, 2020 7:59 PM To: Mike Freeman <mfreeman@weldgov.com>; Scott James <sjames@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kevin Ross <kross@weldgov.com> Subject: Zoning change 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. I want you to know I am adamantly opposed to the proposed change from agricultural to heavy industry you are considering along Highway 34. I am aware that Weld needs to bring in income since the near -demise of the oil industry, but I suggest you change your antiquated ideas and start looking to the future . .. and that future is technology, clean energy, education, recreation, and other clean manufacturing that makes Weld county more attractive rather than less. Just look around you and you'll see the enormous housing boom that's taking place here in northern Colorado. Those people need jobs and they need water ... it's time for you to start thinking about that instead of remaining in your rut and seeing what you've always seen. ?ase start doing the job you were elected to do ... take care of your constituents. Thank you. nn Stockton Johnstown, CO 1 July 1, 2020 Weld County - Board of County Commissioners Weld County Planning Commission Attn: Angela Snyder 1180 O Street P.O. Box 758 Greeley, CO 80631 R E : COZ20-0004 Dear Commissioners: I am writing to ask for your support of the zoning change that Rock and Rail is requesting for their Highway 34 transload terminal in Weld County. As a construction industry professional, I can attest to the importance of cost-effective access to the materials we need in order to deliver our services to our customers. The Rock and Rail terminal was built to address a diminishing supply of aggregate and construction materials critical to construction needs in a growing northern Colorado market. This terminal, which includes a concrete mixing facility, is centrally located in the area, and provides us with the ability to procure these critical resources locally. More significantly, this facility is crucial to stabilize concrete and aggregate prices that have been rising sharply over the last decade. It is my understanding that this rezone request has been supported by Weld County Planning staff and that it conforms with the new zoning code changes that were adopted by the county last year. In that new code, Weld County acknowledges the benefit of rail served properties, like this one, for potential industrial sites. Additionally, the change in zoning will give Weld County more oversight and governance by aligning zoning with actual usage at the site. Please support Rock and Rail's request for change in zoning at its Highway 34 terminal site. This location is critically important to the economic growth in the region that is dependent on the local availability of building materials that can be used for infrastructure needs such as roads, schools, hospitals. homes, farms. and commercial and industrial facilities. Sincerely, Michael Anest A3 Construction Inc. 07/09/2020 Weld County Board of County Commissioners Weld County Planning Commission Attn: Angela Snyder 1180 O Street P.O. Box 758 Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: On behalf of Claystone Construction, I am writing to urge g your support of the change of zone application that Rock and Rail has submitted for its Highway 34 transload terminal in Weld County. g y Claystone Construction is a family owned contractor services business based in Fort Lupton with a long history of providing quality contractor services at a quality price. Rock and Rail's Highway 34 transload terminal and concrete mix ing facility is significant to Claystone's ability to continue that history as it provides critically ally important and locally available resources to support our work. The location of this terminal allows us to source these construction materials right here in northern Colorado which minimizes transportation costs and allows us to maintain the quality price for our q Y customers in the region. A change in the zoning at Rock and Rail's Highway 34 terminal ma kes Y sense because it is consistent with Weld County's vision for land use that was included its recently approved zoning code change. By changing the zoning at this site, the county would have the ability to oversee the non -rail activity on the site and it wou ld provide more certainty to rules that apply at the location - all while supporting pp g an essential construction industry that is a major contributor to the county and regional g al economy. In closing, I respectfully request your favorable consideration of this application for a change of zoning. By approving this application, you will be supporting pporting not only Rock and Rail, but the many businesses who rely on the materials trans ported and mixed at this site to deliver critically important infrastructure projects for northern Colorado. Sincer Randy Stippich Claystone Construction Total Concrete Services, Inc. June 29, 2020 Weld County Colorado 1555 N. 17th Avenue Greeley, CO 80631 Attention: Angela Snyder RE: Rock & Rail, COZ20-0004 Dear Ms. Snyder, I'm writing in support of the change of zone for the Rock & Rail Facility located on County Road 13 in Weld County. Total Concrete Services (TCS) is a family owned business since 1969. Our office and shop are located in Weld County. A number of our employees live in Weld County. Our business is built upon long-term relationships. TCS has had a long-term partnership with Martin Marietta and its successors. We have completed a number of commercial, industrial, public, and residential projects in Weld County. We were recently awarded the Aims Community College Welcome Center project in Greeley. We have partnered with Martin Marietta to service this project from their Highway 34 facility. Therefore, we are in support of the change of zone under COZ20-0004. Sinc ely, Leff Nissen President 4462 Hilltop Road Longmont, CO 80504 Ph: (970) 535-4780 (303) 447-8450 Fax: (303) 447-8483 www.tcs-co.com Wellington, CO 7/9/20 To: Weld County B.C.C. From: Jason Waldo Subject: Support re -zoning Rock & Rail Case#COZ20-0004 As a small business owner and lifelong resident I would like to comment on the great value added to the community with the introduction of Rock & Rail to the hwy 34/ I-25 corridor. • • • This current business has a direct and indirect employment of over 4700 people in Northern Colorado This current business has worked hard to blend in to the neighborhood, going to significant lengths to architecturally design and produce a rural look. Our business counts on this site to put food on the table for 17 people that count on this operation to maintain family financial stability. OUR SOCIETY IS DIVERSE • The conservative grandfather that listens to Rush Limbaugh falls down and rides in an ambulance to the hospital on Concrete • The liberal grandmother that listens to NPR and can't wait to vote for Joe Biden becomes ill and rides in an ambulance to the hospital on Concrete • The teenage redneck boy spins the tires of his jacked up diesel pickup on Asphalt • The progressive college student rides her zero emission bicycle on an Asphalt bike path • The protesters on both sides of various issues travel to the state capitol on roads made of Aggregate CONCRETE, ASPHALT and AGGREGATE ARE THE GREAT COMMONALITY OF OUR CIVILIZATION We need this site located centrally now more than ever. This is why I support this proposal. Sincerely, Jason Waldo President Waldo Trucking, INC ON COLORADO ‘0, CONTRACTORS ASSOCIATION BRINGING INFRASTRUCTURE TO LIFE 6880 SOUTH YOSEMITE COURT. SUITE 200 CENTENNIAL. COLORADO 80112 303 290 6611 303 290 9141 July 8, 2020 Weld County - Board of County Commissioners Attn: Angela Snyder 1180 O Street P.O. Box 758 Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: On behalf of the Colorado Contractors Association (CCA), I am writing to request your approval of Rock and Rail's application for a change of zoning at their Highway 34 transload terminal in Weld County. CCA was founded in 1933 to represent the collective concerns of the state's infrastructure construction industry. Today CCA represents the contractors who perform the vast majority of all public works projects in the state, including many who deliver the infrastructure needs in northern Colorado. For our members to succeed in their mission to deliver these important infrastructure projects around the state, access to construction materials is critical. The Rock and Rail terminal was built to address a diminishing supply of aggregate and construction materials necessary to meet the construction needs in a growing northern Colorado market. This terminal, which includes a concrete mixing facility, is centrally located in the area, and provides us with a cost-effective option to procure these critical resources locally. CCA is asking for your support of this change of zoning because it makes sense. Not only will it give Weld County more oversight and governance of the site, but it will provide Rock and Rail with more regulatory certainty. Also, it conforms to the newly adopted zoning code in Weld County which acknowledges the benefit of rail served properties, like this one, for potential industrial sites. This is an ideal location for a transloading facility as it allows for efficient distribution of materials by rail which reduces truck traffic in the area. Please support this request for change in zoning as this location is critically important to the economic growth in the region that is dependent on the local availability of building materials for growing infrastructure needs. Si erely, ony Executive Director PROUD CHAPTER OF AGC AMERICA COLORADOCONTRACTORS.ORG EXHIBIT 90 01 3 IL Jessica Reid Dm: nt: To: Cc: Subject: Good morning Ms. De Lorenzo, Esther Gesick Friday, July 10, 2020 5:25 AM Ellen De Lorenzo; Mike Freeman; Scott James; Barbara Kirkmeyer; Steve Moreno; Kevin Ross Jessica Reid; Jan Warwick; Isabella Juanicorena; Esther Gesick RE: LAND USE CASE #: COZ20-0004 toz-ao - ace \A Thank you for your comments. Your email has been received and will be included in the case file as an Exhibit for the Board's consideration. Regards, 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 nail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the ....ntents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Ellen De Lorenzo <nvr2grn@gmail.com> Sent: Thursday, July 9, 2020 8:11 PM To: Mike Freeman <mfreeman@weldgov.com>; Scott James <sjames@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. Weld County Commissioners: This purpose of this email is to tell you how vital denying this application is to the health, safety, future and strategic planning of the residents of Weld County. The usage of the "131 more or less" acres of agricultural land is critical to the future design of the Highway 34 corridor, its residents both homeowners and commercial. The current state data shows MM has not lived into their promises from the beginning. The Planning Commission hearing rebuttals from them held inaccuracies and misinformation. Granting this request would further denigrate the rrounding neighborhoods quality of health and safety, provide a dismal path forward for our county on Highway 34 in terms of public appeal, commercial appeal and reiterate your negative stand on the needs of the people you serve. 1 All I can say, in sum, is please do the right thing You will feel better about yourself, I promise And thanks for listening Ellen De Lorenzo Johnstown 2 Weld County - Board of County Commissioners Weld County Planning Commission Attn: Angela Snyder 1180 O Street P.O. Box 758 Greeley, Co 80631 RE: COZ2o-0004 Dear Commissioners: I am writing on behalf of Coyote Ridge Construction, LLC. to ask for your support of Rock and Rail's application for a change of zoning at its Highway 34 transload terminal in Weld County. Coyote Ridge Construction, LLC. is a general contractor business specializing in the underground phases of residential, industrial, and commercial projects. We specialize in obtaining the best value possible in the construction market, using highly qualified subcontractors and material vendors who provide us with highly competitive pricing. The skills of our management team, equipment operators, and laborers make it possible to build high quality projects on time and within budget. The Rock and Rail Highway 34 terminal and its location in Weld County provide an invaluable resource to us as we work to meet these goals as it provides a cost-effective option for us to source our construction materials. For example, the Highway 34 terminal has sourced our materials for a number of projects in the northern Colorado region, including Shores at Water Valley, City Center in Greeley, Wildwing Phase III & IV, Harmony — six filing; and Maple Ridge in Firestone in Weld County and the Eaglebrook project in Larimer County. Each of these projects were built based on growing demand for infrastructure in the region. I support this change of zoning request because I understand that it will allow Weld County to have more oversight and governance at the site while giving Rock and Rail more regulatory certainty. Also, I understand that this rezone request has been supported by Weld County Planning staff and that it conforms to the new zoning code changes that were adopted by the county last year. I appreciate your consideration of this issue and respectfully request your approval of the application for a change of zoning at the Highway 34 terminal site. Sincerely, Ken Baty Coyote Ridge Construction LLC EXHIBIT m Jessica Reid Subject: FW: Proposed rezoning of the MMM facility Original Message From: Sharon Powis <siwop@comcast.net> Sent: Sunday, July 12, 2020 1:51 PM To: Esther Gesick <egesick@weldgov.com> Subject: Proposed rezoning of the MMM facility aZa ea 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. My husband William and I live at 27601 Hopi Trail in the Indian head Estates subdivision. Our home is about 500 ft. From the Martin Marietta (aka Rock & Rail) plant. We see and hear the train when it arrives (over 100 rail cars). We also hear the noise when the aggregate is unloaded on what looks like conveyor belts and dumped to make large piles of aggregate. At this time the train comes and goes approximately 3-4 times a week. When the wind blows, which is often in this area, there is a considerable amount of dust that comes from their facility. Mainly it blows West to East which puts us in the dust storm. I have asthma so I try not to be outside when this happens and we must keep our windows closed. If this area is rezoned to 1-3 and they are able to begin making asphalt the smell will make it almost impossible for me to be outside in our yard at all. My husband has Non Hodgkin's Lymphoma and takes medication to keep it under control every day. In March when The first cases of Covid 19 were reported in Colorado, his Oncologist advised both of us to stay home as much as possible, our age and health conditions make us part of the "vulnerable" group. For this reason we will not be able to attend the hearing on July 22nd regarding the proposed 1-3 rezoning. My husband and I are very much opposed to this rezoning. Having the MMM facility directly behind us has already affected our health and our quality of life in a negative way, the rezoning would only make it worse. We are asking the Board of County Commisioners to not approve this. Please do the right thing and put the health and well being of people who live and work in this area first. Thank you, Sharon Powis 1 Jessica Reid From: Sent: To: Cc: Subject: All, Angela Snyder Monday, July 13, 2020 1:30 PM Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid Connolly, Brian J.; james.sharn@martinmarietta.com; Tim Naylor FW: COZ20-0004 -- request for materials I will be adding this letter into Accela, as it clarifies the City of Greeley referral response. Please add to the case file for COZ20-0004. Best, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writ ngs 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: Brad Mueller <Brad.Mueller@Greeleygov.com> Sent: Monday, July 13, 2020 10:41 AM To: Angela Snyder <asnyder@weldgov.com> Cc: Brad Mueller <Brad.Mueller@Greeleygov.com> Subject: COZ20-0004 -- request for materials 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! Could you send a copy of the referral responses from Johnstown and Milliken for this case? I'm having a challenge pulling those out of your on-line system. 1 Also — I note that the Record Details list indicates that Greeley "recommended denial." I would request that you please revise that after reviewing our referral letter, which does not make a recommendation either way, but rather simply makes various observations. A more accurate summary would be "no recommendation," since the comments did not include either a recommendation for or against. Our feeling was that it was too complicated for us to make a recommendation, per se, and also that — while certainly an important impact to the overall NoCo region of which Greeley is a part -- it was more important to defer to the comments of the jurisdictions in the immediate area (i.e., Johnstown, Milliken, Windsor, Larimer and, of course, Weld). Thank you for sending those on. Best regards, y Greeley Brad Mueller, AICP Director, Community Development Department 1100 10th Street, Greeley, CO 80634 970-350-9786 I brad.mueller@greeleygov.com www.greeleygov.com 2 EXHIBIT Jessica Reid From: Sent: To: Subject: Attachments: Letter of Support for COZ20-0004. Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Angela Snyder Monday, July 13, 2020 3:20 PM Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid FW: Rock and Rail /Highway 34 Facility Tom Norton letter 7.10.2020.docx Lacceq, 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: Tom Norton <tenlIc@comcast.net> Sent: Monday, July 13, 2020 12:47 PM To: Angela Snyder <asnyder@weldgov.com> Subject: Rock and Rail /Highway 34 Facility 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. Angela Snyder Please distribute the attached information to the commissioners prior to the July 22, 2020 zoning hearing for the subject application. Thank you, Tom Norton 1 Weld County Board of County Commissioners Weld County Planning Commission Attn: Angela Snyder 1180 O Street PO Box 758 Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: I am writing to ask for your support of Rock and Rail's application for a change of zoning at its Highway 34 transload terminal and cement mixing facility in Weld County. As you know, our region has experienced significant growth over the last few years, bringing with it many economic benefits. The 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 and industrial facilities. The Rock and Rail facility was built to address the diminishing supply of aggregate and construction materials critical to meet these infrastructure needs in northern Colorado The site has already contributed to our economy in the region since it became operational last year, with the creation of good paying jobs and revenue to the county. Among the direct benefits generated by the Rock and Rail site are average salary and benefits of $74,000/year, 4,300 indirect jobs, and $300,000 annually in property taxes to Weld County or over $7 million in property taxes over the next 25 years. To date, the resources provided by the terminal have sourced multiple projects that are critical to our region's long term growth and viability — including several in the agricultural, residential, education, retail, general industry, energy, roads and highway and governmental areas. The designation of this site as heavy industrial is consistent with land use planning that was recently identified by the County in its new zoning code. In that code, Weld County emphasized the benefit of industrial sites that are served by rail. The Rock and Rail facility is an ideal location for a transloading facility as the site lies between two railroads and has good access to U.S. 34 and 1-25 facilitating the efficient distribution of materials. The movement of bulk materials via rail for significant distances reduces congestion and emissions resulting from vehicular traffic with each train eliminating roughly 400 truckloads that would otherwise be traveling on our roadways. Thank you for your consideration of my input and I respectfully ask for your support of this application from Rock and Rail. Sincerely, Tom Norton Jessica Reid Subject: Gerrard Investments dba. Rock and Rail Rezoning Request WCBOCC Rezoning Application From: Esther Gesick <egesick@weldgov.com> Sent: Monday, July 13, 2020 4:20 PM To: Angela Snyder <asnyder@weldgov.com>; julie.mikulas@martinmarietta.com; Esther Gesick <egesick@weldgov.com>; Isabella Juanicorena <ijuanicorena@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: FW: Gerrard Investments dba. Rock and Rail Rezoning Request WCBOCC Rezoning Application From: Don Anderson <anderD@skybeam.com> Sent: Monday, July 13, 2020 3:37 PM To: Esther Gesick <egesick@weldgov.com> Subject: RE: Gerrard Investments dba. Rock and Rail Rezoning Request WCBOCC Rezoning Application 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. Thank you. Please add this correction to my email. Our property value has decreased 5% since 2017, not the 17% stated in my previous email. I apologize for the mistake. Thank you, Donald Anderson 6897 Commanche Ct. Johnstown, CO 80534 From: Esther Gesick [mailto:egesick@weldgov.com] Sent: Monday, July 13, 2020 12:07 PM To: Don Anderson <anderD@skybeam.com> Cc: Angela Snyder <asnyder@weldgov.com>; iulie.mikulas@martinmarietta.com; Esther Gesick <egesick@weldgov.com>; Isabella Juanicorena <ijuanicorena@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Jessica Reid <jreid@weldgov.com> Subject: RE: Gerrard Investments dba. Rock and Rail Rezoning Request WCBOCC Rezoning Application Hello Mr. Anderson, Thank you for your email. Your comments will be included in the public record as an Exhibit for the Commissioners to review. Regards, Esther E. Gesick Clerk to the Board 1 sender and know the content is safer 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: Don Anderson <anderD@skybeam.com> Sent: Monday, July 13, 2020 10:52 AM To: Esther Gesick <egesick@weldgov.com> Cc: 'Don Anderson' <anderD@skybeam.com> Subject: Gerrard Investments dba. Rock and Rail Rezoning Request WCBOCC Rezoning Application Cautiion: This email originated from outside of Weld County ' Government. Do not click links or open attachments unless you, recognize the Dear Ms. Gesick, Attn: Weld County Board of County Commissioners Would you please pass along this email to the WCBOCC regarding the upcoming Gerrard Investments dba Rock and Rail Rezoning Application? My wife and I live in the lndianhead Estates Subdivision. Our home is exactly 2600 feet from the existing Martin Marietta concrete batch plant. As a result of the construction and operation of this facility, our sleep is disrupted numerous times each week by arrival of aggregate trains and the sound of the aggregate crushing and conveying process in the early morning hours. Additionally the noise created at this site (rail car humping and squeaking brakes, conveyor operation, heavy equipment operation, etc.) is disruptive to any type of outdoor activity Not to mention the negative effect on our quality of life, our property value has decreased by 17% since 2017, and will continue to decline if the Rock and Rail application for rezoning to an 1-3 classification is approved. With an 1-3 classification, there will be no control or limitation on the type of current and future heavy industry built on this site. It seems ironic to us that the initial USR for this site was approved with Conditions. Everyone knew that all of the Conditions could not be met. Once the District court case as decided against Martin Marietta and remanded back to the WCBOCC, Martin Marietta magically pulled a railroad out of their pocket as Rock and Rail, claiming they now had a Federal exemption. I am sure you are all aware of the remainder of the story. This is just wrong! In summary we are asking you, the governing body, to do the right thing and deny the RE -Zoning Application. Regards, Donald E. Anderson 6897 Commanche Ct. Johnstown, CO 80534 2 Jessica Reid Subject: FW: COZ20-0004 Land Use Case Original Message From: Rich <trailguy46@gmail.com> Sent: Saturday, July 11, 2020 4:08 PM To: Esther Gesick <egesick@weldgov.com> Cc: Mike Freeman <mfreeman@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Scott James <sjames@weldgov.com>; kross@welgov.com Subject: COZ20-0004 Land Use Case 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. As a Johnstown resident I am concerned about the future of my surroundings. The current Rock and Rail facility is merely a cover for Martin Marietta Materials. A cover that allows them to hide behind Federal railroad regulations. This is a facility which should never have been approved in the first place and should not be allowed further approval under this Land Use case. The factual data collected does not portray them as "good neighbors". Do not allow the Hwy 34 corridor to develop into a drive through Commerce City. I strongly urge not approving this case. Richard Grimaud 1744 Goldenvue Dr Johnstown CO 80534 1 Jessica Reid From: Sent: To: Cc: Subject: Hello Ron and Tricia, Esther Gesick Monday, July 13, 2020 4:15 PM Tricia & Ron Bartolomei Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: BOCC rezoning hearing July 22 - Case COZ20-0004 Thank you for your email. Your correspondence will be included in the public file as an Exhibit for the Commissioners to review. Regards, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758IGreeley, 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: Tricia & Ron Bartolomei <twobadnova@gmail.com> Sent: Monday, July 13, 2020 3:57 PM To: Esther Gesick <egesick@weldgov.com> Subject: BOCC rezoning hearing July 22 - 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. July 13, 2020 TO: Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Case COZ20-0004 — Change of Property Zone This note is in regard to Gerard Investments, LLC, c/o Rock & Rail, LLC's request to change their concrete manufacturing plant's property zone from Agricultural Zone District to I-3 Heavy Industrial Zone District. We attended the previous hearing which was voted 4 for and 4 against, now passing the issue off to BOCC. Frankly, we are shocked that Gerard/MMM/RR are attempting this obvious ploy to get around the years of dispute they've had with the surrounding homes and businesses. For your knowledge, they are 1 scheduled to appear in Federal Court in Denver August 24-27, 2020. That hearing was postponed from a May date due to the Covid-19 issues, and now the company is trying to manipulate Weld County Commissioners into circumventing what they know will probably be the final legal battle in which they apparently believe they will lose again. We live less than 500 feet away from this noisy, dusty cement plant that was "temporarily" built on Agricultural Zoned land, and it has been affecting both the health and safety of all the County residents around it. In their lengthy battle with surrounding homes, with many court losses, they eventually changed themselves into Rock & Rail — their own private rail subsidiary that they purchased during this legal battle. Since Martin Marietta's plant switched over to being a "rail" company, their noise factor and dust factor has increased exponentially. I put "rail" in quotes since the only "rail" activity they do is to load and unload their product, just like they do from the hundreds of big rigs coming there each day. To be clear, this is a private, not a public, railroad being used by anyone else, so they are not operating under "federal regulations" as they claim they are. That will be determined clearly in Federal Court this August. Since they made this ownership change last year, when we try to sleep at night, we are interrupted regularly during the hours of 12 midnight to 5am with a cacophony of loud noises. And ironically those are the ONLY hours of the day when they "operate" their rail cars. We are bombarded by loud screeches on the rails, trains blasting on their horns, engines sitting idle loudly rumbling for at least 30 minutes at a time, locomotives coupling and uncoupling loudly, and the sounds of gravel pouring into the rail cars. And all of this is in the wee hours of THE NIGHT with absolutely no concern about their neighbors or even just decent hours of business! My 70 -year old husband who is a retired firefighter and has nine stents in his heart, has had his health greatly affected by the constant interruptions of his sleep, which have thrown him into the hospital several times. Our doctor says the only real help for him would be good, uninterrupted sleep, which at this point is impossible due to Rock & Rail's abusively noisy nightly "rail" activities. And in just the past two years, I have changed from a person of good health to having major sinus surgery and am finding it harder to breathe each day and night where we live. Many of my neighbors express similar concerns These health issues are not coincidences. They have developed since Martin Marietta was allowed to "temporarily" build here. I am certain that Weld County Commissioners do not want to jeopardize the health and safety of their tax- paying residents, who rely on your good faith to protect us. We live in a well -established beautiful, well - maintained development that was peaceful and serene until all this continuous chaos was created by a concrete manufacturing plant being built on adjacent agricultural land. According to County guidelines, the noise this current operation produces is clearly above the residential level at my property line and is therefore NOT COMPATIBLE with residential development or even local business development. We have the right to live in our homes and operate our businesses with windows open day or night and to enjoy being outside in our backyard without horrible sounds and dust blown on us. That's what we signed up for when we purchased our home adjacent to agricultural land, not industrial land. And when reading over the company's zone -change proposal where Rock & Rail states they are mostly surrounded by industrial or farm property, it is blatantly not true. While all of the "industries" they list are merely light indoor industries that are located in the general area of their facility within miles, they are nowhere adjacent to their property, like they claim. As a matter of fact, the property directly to the north of the applicant was denied an I-2 application for that very reason. So in truth the applicant is surrounded by agricultural land, residential properties, and just a few small businesses just like it was when they first built on this agriculturally - zoned property. They also mention in their zone -change proposal that "utilizing rail substantially reduces truck pollution," yet all day long Monday through Friday there are hundreds of trucks coming and going from the plant. The noise, traffic, and air pollution from constant truck traffic is definitely NOT beneficial to the area's air quality, as they falsely state! 2 We are certain Weld County Commissioners do not wish to jeopardize our health and safety by allowing a current concrete manufacturing plant (which is already wrongly built in agricultural land) try to become an even -exponentially -worse asphalt plant operating next to its residents! The County commissioners are elected and work for its tax -paying citizens, so allowing this current noise and air -quality travesty to become even worse by changing the current Agricultural zoning to Heavy Industrial zoning would completely drop the ball on protecting us!! An I-3 zone is open to ANY allowable use, and from our experience with the applicant's facility showing zero concern or cooperation with its neighbors over these past few years, it is clear that the applicant will abuse that right to the greatest extent, greatly harming the residential developments and agricultural land that surrounds it. They claim they have done all sorts of mitigation - and they have even sent their employees roaming around our neighborhood to try to disclaim our noise and dust issues. But they don't send them in the middle of the night when they let loose so don't believe their claims! And please explain how they can "mitigate" the tons of dust constantly blowing from their plant by building a six foot wall - really? We can clean our homes one day and have everything thickly coated again the next day. Would you and your family want to live in this thick atmosphere - breathing toxic dust every day? We rely on you to support us, your County citizens, who were all here living in our homes WAY before this concrete manufacturing plant was allowed to build on the adjacent agriculturally -zoned land. Please post this letter of protest into the public records. And... please, please DO NOT GRANT this company the right to change the zoning of the land just to suit their needs, against the health and safety of all the residents around it. With hope that you will do the right thing, Tricia and Ron Bartolomei 27575 Hopi Trail Johnstown, CO 80534-8279 3 EXHIBIT N 3 .0 IRELAND STAPLETON VIA E-MAIL Mike Freeman Chair, Board of County Commissioners mfreeman c weldgov.com Barbara Kirkmeyer County Commissioner bkirkmeverweldgov.corn Kevin Ross County Commissioner krossid)weldgov.com July 13, 2020 her32- aaioco JAMES R. SILVESTRO ATTORNEY AT LAW 303.628.3632 (direct) jsilvestro@irelandstapleton.com Scott James County Commissioner sjamesr&weldgov.com Steve Moreno County Commissioner smoreno@weldgov.com Re: Weld County Rezoning Application COZ20-0004 Dear Commissioners: This firm represents the Indianhead West Homeowners Association, Inc., Rockin S Ranch LLC, John Cummings, David Kisker, Gary Oplinger, Wolfgang Dirks, and James Piraino (collectively, the "Neighborhood Defendants"), each of whom is a named defendant in the lawsuit that Rock & Rail LLC ("Rock & Rail") filed (and which remains ongoing) in U.S. District Court regarding the Highway 34 Facility that was originally constructed by Martin Marietta Materials, Inc. ("Martin Marietta") and is now nominally operated by Rock & Rail (the "Federal Lawsuit"). The Neighborhood Defendants live, work, and own property in the vicinity of the Highway 34 Facility and, as such, are interested parties with respect to Weld County Rezoning Application COZ20-0004 (the "Rezoning Application"). We previously submitted letters in opposition to the Rezoning Application on behalf of the Neighborhood Defendants on May 8, 2020 (included in the administrative record as PC Exhibit 23) and on June 12, 2020 (PC Exhibit 93). We urge you to seriously consider the issues raised in each of those letters before taking any final action on the Rezoning Application. The purpose of this letter is to formally request that the Board of County Commissioners ("BOCC") continue the hearing for the Rezoning Application that is currently set for July 22, 2020, until after the Rock & Rail's Federal Lawsuit has been resolved. IRELAND STAPLETON PRYOR & PASCOE, PC 717 11TH STREET SUITE 2800, DENVER CO 80202 TEL 303.623.2700 FAX 303.623.2062 IRELANDSTAPLETON.COM Weld County Commissioners July 13, 2020 Page 2 Rock & Rail's Federal Lawsuit asks the U.S. District Court for the District of Colorado to declare that the Highway 34 Facility is exempt from state and local regulation, including but not limited to zoning laws and various health and safety laws, due to alleged federal preemption under the Interstate Commerce Commission Termination Act (the "ICCTA"). As part of the Federal Lawsuit, the Neighborhood Defendants deny that the ICCTA applies to the Highway 34 Facility and thus have maintained that the entirety of the Highway 34 Facility remains subject to state and local land use laws. The Neighborhood Defendants have further alleged that Rock & Rail is obligated to comply with design and operations standards that Martin Marietta agreed to as a condition of constructing the Highway 34 Facility. All of these issues remain pending and unresolved before the U.S. District Court.' Rock & Rail filed the Federal Lawsuit against the Neighborhood Defendants in September 2018, and that action is now set for a four -day trial beginning August 24, 2020. After almost two years of vigorous litigation, this action is nearing final resolution. Although Rock & Rail initiated the Federal Lawsuit and asserts that its operations at the Highway 34 Facility are entirely exempt from all Weld County land use laws, Rock & Rail is nevertheless attempting to change the facts on the ground before a court can enter final judgment regarding the Highway 34 Facility. Specifically (and without notice to the Neighborhood Defendants until months later), Rock & Rail initiated the rezoning process in January 2020 while the parties were continuing to litigate the Federal Lawsuit. At the Planning Commission hearing on the Rezoning Application, Rock & Rail suggested that it was seeking the rezoning as part of an effort to voluntarily comply with Weld County zoning law. This newfound claim of good faith and voluntary cooperation ignores the reality that Rock & Rail has been operating the Highway 34 Facility in violation of Weld County zoning law for almost two full years and with the assertion that Weld County can do nothing to regulate it. Instead, Rock & Rail's Rezoning Application appears calculated to potentially moot some portion of the Federal Lawsuit before it can finally be considered on the merits after two years of litigation. Rock & Rail argued before the Planning Commission that the County should grant the Rezoning Application because this would allow the County to retain some land use authority over the Highway 34 Facility in the event that the U.S. District Court ultimately concludes that all local land use law will be preempted with respect to the Highway 34 Facility. Of course, the U.S. District Court could also determine that the County still maintains land use authority over the Highway 34 Facility. Rather than speculating about what the U.S. District Court will or will not do, it is in all parties' best interest (including the County's) to simply wait another month for the Federal Lawsuit to run its course. ' Counsel for Rock & Rail incorrectly suggested to the Planning Commission that the Federal Court has already determined that the Highway 34 Facility's rail loop and transloading facility are exempt from local zoning law. The Federal Court has not made any determinations regarding any portion of the Highway 34 Facility, including the extent to which the ICCTA does or does not apply. IRELAND STAPLETON PRYOR & PASCOE. PC 3287921.1 Weld County Commissioners July 13, 2020 Page 3 A continuance of the BOCC hearing on the Rezoning Application until the conclusion of the Federal Lawsuit is consistent with the BOCC's longstanding position regarding the Highway 34 Facility in the years since Rock & Rail sued the Neighborhood Defendants in federal court. For example, as quoted in an October 2018 news story, Commissioner Kirkmeyer expressed a desire to achieve some compromise between Rock & Rail, the Neighborhood Defendants, and the County "only after the court battle is complete." See "U.S. Rep. Ken Buck Gets Involved in Controversial Concrete and Asphalt Plant," Greeley Tribune (Oct. 12, 2018) (available at https://www.greelevtribune.com/2018/ 10/ 12/u -s -rep -ken -buck -gets -involved -in -controversial - weld -county -concrete -and -asphalt -plant/). In an April 2019 email, Commissioner James similarly informed the Neighborhood Defendants that the BOCC would not consider bringing any enforcement action against Rock & Rail "until after trial [in the Federal Lawsuit] is concluded and judgment by the Federal District Court is issued." Although the Neighborhood Defendants were disappointed with the County's "wait -and -see" approach, they respected the BOCC's decision. Rock & Rail now appears poised to abuse that decision by prematurely seeking to rezone the property before the U.S. District Court has had a chance to resolve the lawsuit that Rock & Rail itself filed. After more than two years of federal litigation, the BOCC should not now reverse course, and accede to Rock & Rail's rushed and premature request to rezone the property. The Neighborhood Defendants believe both that it would be both inefficient and fundamentally unfair for the BOCC to facilitate Rock & Rail's continued efforts to manipulate this process and once again change the facts on the ground just weeks before trial in the Federal Lawsuit. Accordingly, the Neighborhood Defendants respectfully request that the BOCC postpone its final consideration of the Rezoning Application until after the final resolution of the Federal Lawsuit. On behalf of the Neighborhood Defendants, we thank the County for its time and its careful consideration of this important matter. If the County has any questions regarding any of the foregoing, please do not hesitate to contact us. Sincerely, /s/James Silvestro James Silvestro cc: Angela Snyder (asnyder@weldgov.com) Tom Parko Jr. (tparko@weldgov.com) Bruce Barker, Esq. (bbarker(&weldgov.com) Bob Choate, Esq. (bchoate(&,weldgov.com) Mark Lacis, Esq. IRELAND STAPLETON PRYOR 8 PASCOE. PC 3287921.1 July 10, 2020 Weld County Board of County Commissioners Weld County Planning Commission Attn: Angela Snyder 1180 O Street P.O. Box 758 Greeley, CO 80631 RE: CO120-0004 Dear Commissioners: I am writing today to ask for your support of Rock and Rail's application for a change of zoning at its Highway 34 terminal. My company Harold's Excavating Services has a long history in Weld County. We provide a wide -range of services for commercial, residential, industrial and a variety of other complex projects — including site development, demolition, earthwork, site utilities and trucking capabilities. We are proud of what we do and how we have helped to build our community and support its growth and sites like the Rock and Rail facility are so important to give us cost effective access to the resources we need to do that work. A change of zone at this site makes sense. The location has been recognized by the county as an area well suited for industrial and commercial development and the county's recently approved zoning code promotes rail serviced properties like this one for potential industrial sites. Additionally, the change in zoning will give Weld County more oversight and governance by aligning zoning with actual usage at the site. Thank you for your consideration of my request. Your approval of this change of zone application will allow the site to continue to provide the services that companies like mine need to build Weld County's infrastructure needs long into the future. Sincerely, /ri Harold Amerin Harold's Excavating Services EXHIBIT Weld County Board of County Commissioners Weld County Planning Commission Attn: Angela Snyder 1180 O Street PO Box 758 Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: RECEIVED JUL 1 4 21120 WELD COUNTY COMMISSIONERS Cozzo - woe I am writing to you on behalf of an alliance of Weld County civic and business leaders called FUEL (Fostering Unity and Energizing Leadership) to ask for your suppport of the change of zone application submitted by Rock and Rail for its Highway 34 transload facility. As you may know, FUEL's members are committeed to advancing citizens' understanding of the n atural resource industries in our county, including oil and gas, agriculture, gravel and water as a means to demonstrate their value to Weld County's quality of life and economic well-being. Rock and Rail's terminal is a state of the art example of one of these industry facilities and its location in Weld County generates essential economic benefits to both the county and the region and will continue to provide these benefits for years to come. Among the direct benefits generated by the Rock and Rail site are average salary and benefits of $74,000/year, 4,300 indirect jobs,and $300,000 annually in property taxes to Weld County or over $7 million in property taxes over the next 25 years. The site will also address a diminishing supply of aggregate and construction materials critical to infrastructure needs in a growing northern Colorado market and will help to stabilize what have been sharply rising prices for these products over the last decade. The site is currently operational and has already proven its benefit to the infrastructure needs in o ur region. To date, the resources provided by the terminal have sourced multiple projects that are critical to our region's long term growth and viability — including several in the agricultural, residential, education, retail, general industry, energy, roads and highway and governmental areas. The application for the site to be designated as heavy industrial under the newly approved Weld County zoning code is a logical approach. With this approval, the land use designation will align with actual usage and provide more certainty on the rules that apply at the site. Additionally, bringing this site under the new zoning code requirements, rather than permitting the activities u nder a permanent USR approval, allows the County to have more oversight and governance of the site. Thank you for your consideration of my input and I respectfully ask for your support of this application from Rock and Rail. Sincerely. Bill Jerke FUEL =FUEL Energizing Weld County Bill Jerke Executive Director 970-371-2532 bill@fuelcoiorado.org www.fuelcolorado.com Jessica Reid From: Sent: To: Cc: Subject: Letter of Support for COZ20-0004 Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Angela Snyder Tuesday, July 14, 2020 3:38 PM Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid Connolly, Brian J.; james.sharn@martinmarietta.com; Tim Naylor FW: Record Number - COZ20-0004 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: Lynn McDonough <lynnmcdo@lpbroadband.net> Sent: Tuesday, July 14, 2020 2:53 PM To: Angela Snyder <asnyder@weldgov.com> Cc: me <Iynnmcdo@Ipbroadband.net> Subject: Record Number - 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. July 14. 2020 Weld County Planning Commission Attn: Angela Snyder 1555 North 17th Avenue Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: I am writing in support of Rock and Rail's application for a change in zoning at its Highway 34 site in Weld County, CO. 1 I am a neighbor of the site and have watched the development of its operations from the beginning a few years ago. While I was initially opposed to the facility, I have witnessed firsthand the company's efforts to mitigate concerns that were raised by the community and I have seen those efforts work. As part of the planning process in 2015, Rock and Rail's parent company, Martin Marietta, listened to concerns and voluntarily implemented measures at the site to minimize impacts. Since that time, I have no complaints about the company or its operations at the site. The company has done everything that it said it would do and continue to honor its commitment to be a good neighbor. That is why I have changed my position and now support Rock and Rail's rezoning. Sincerely, Dave McDonough 307 N County Line Road Johnstown, CO 80534 EXHIBIT Colorado Asphalt Pavement Association July 15, 2020 Angela Snyder Case # COZ20-0004 Gerard Investments, LLC, c/o Rock & Rail, LLC Email: asnyderldweldgov.com RE: Letter of Support - Rock and Rail's Highway 34 Terminal Rezoning Ms. Snyder; t°tb -000't I'm writing to indicate our support of Weld County's approval to rezone the Rock & Rail Highway 34 Terminal site. Rock & Rail has been successfully operating the site since September 2018 and it is already providing much needed construction materials and generating significant economic benefits (ie. taxes and jobs) to Weld and Larimer Counties. The demand of construction materials — aggregate, ready mixed concrete and asphalt - continues to grow in Northern Colorado. Current supply is being depleted and this facility provides an environmentally friendly location that can serve northern Colorado for generations. The facility has already provided much needed construction materials to over 400 projects ranging from agricultural needs to the construction of homes, schools, stores, and roads. Aggregate, asphalt, and concrete are essential to the economic health and recovery of the region. Rock and Rail have incorporated state -of -the art technology and industry best practices into the operation. Neither the company nor the county have received ongoing complaints about the construction and operation of the rail or ready -mix operation, and they continue to strive to not only meet all requirements but to exceed them to be recognized as a good neighbor. Based on this commitment to the community and the tremendous need for this facility, we encourage your approval of the rezoning application. If you need to contact me for any reason, I can be reached at (303) 741-6150 x 152 or at tompeterson@co-asphalt.com Sincerely, Thomas Peterson, P.E. Executive Director, Colorado Asphalt Pavement Association EXHIBIT in 0o :O .O S x Jessica Reid From: Sent: To: Subject: For inclusion in the file. Esther Gesick Wednesday, July 15, 2020 11:38 AM Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid FW: Creepy trespassers --for the record in COZ20-0004 Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 O Zo1- OCO 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: Steven Reams <sreams@weldgov.com> Sent: Wednesday, July 15, 2020 10:42 AM To: Dave Kisker <dave.kisker@gmail.com> Cc: Esther Gesick <egesick@weldgov.com>; James Silvestro, Ireland -Stapleton <JSilvestro@irelandstapleton.com>; Mark E. Lacis <MLacis@irelandstapleton.com>; Bob Choate <bchoate@weldgov.com>; Angela Snyder <asnyder@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Scott James <sjames@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kevin Ross <kross@weldgov.com> Subject: RE: Creepy trespassers --for the record in COZ20-0004 Dave, Thanks for the email and to start, if someone is truly trespassing on your property then it doesn't matter if they are with a private company or not, there is still a potential criminal violation. That being said, if a person is driving through the neighborhood and staying in public access areas (public property) then they are allowed to do so even if they may not live in the area. I would encourage you to call the dispatch center and provide as much information as possible if you are witnessing what you believe to be criminal activity. There are often mitigating factors on these types of calls such as easements, unknown property lines, and people just being lost and not realizing they have crossed onto private property. My Deputies routinely handle these types of calls and would have no issue responding to whatever might be reported in your area. I hope this helps give some direction and remember, the more information that can be provided to the dispatch center, the better the chance my Deputies have for figuring out what is going on. Respectfully, Sheriff Reams 1 From: Dave Kisker <dave.kisker@gmail.com> Sent: Wednesday, July 15, 2020 9:24 AM To: Steven Reams <sreams@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; James Silvestro, Ireland -Stapleton <JSilvestro@irelandstapleton.com>; Mark E. Laois <MLacis@irelandstapleton.com>; Bob Choate <bchoate@weldgov.com>; Angela Snyder <asnyder@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Scott James <sjames@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kevin Ross <kross@weldgov.com> Subject: Creepy trespassers --for the record in COZ20-0004 It;autioa This entail originated from outside of Weld County Government. Do not cliCklir sender and know the content is safe. Sheriff Reams: open attachments unless you,r.'ec You may or may not be aware that our neighborhood is facing an attempt by our industrial neighbor, Rock and Rail, aka Martin Marietta Materials, to rezone their property to 1-3, heavy industry. The hearing is next week, 7/22/2020. This inquiry is not specifically about the details of that land use application, but rather, to alert you to the fact that we are seeing a lot of creepy traffic in the neighborhood, including trespassing onto private property, driving away at speed when we try to connect for identification purposes, refusing to identify themselves and being argumentative when confronted on private property, etc. I personally witnessed one of these vehicles speeding along the ditch access right of way on my property yesterday. This is explicitly trespassing, and the access road is posted as such. We have determined by following one of the vehicles that it does, indeed originate from the Rock and Rail facility. Because of the unknown intentions of these (at least 3 different) trespassers, we have become concerned about our neighborhood security, since these people are apparently conducting some sort of unauthorized surveillance. My question to you is whether this sort of activity is allowed in Weld County, even when unauthorized on private property, and, if not, what we should do so that we can document these incursions for the purposes of any possible investigation. Further, I would like to know what our rights are with respect to potentially detaining these individuals pending a response from one of your deputies. Thanks for your time, Dave Kisker 6681 Apache Road 2 From: To: Subject: Date: Attachments: Tom Parko Jr. Angela Snyder FW: Martin Marietta Facility Re -Zoning Tuesday, July 14, 2020 4:14:40 PM Weld County Info.pdf From: Steve Moreno <smoreno@weldgov.com> Sent: Tuesday, July 14, 2020 2:16 PM To: Tom Parko Jr. <tparko@weldgov.com> Subject: FW: Martin Marietta Facility Re -Zoning 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. From: Jeff Shulse <jshulse@TruHorizon.com> Sent: Tuesday, July 14, 2020 2:14 PM To: Steve Moreno <smoreno@weldgov.com> Subject: Martin Marietta Facility Re -Zoning ( action: 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. Commissioner Moreno: I have read the recent articles in the Loveland Reporter Herald about the noise and zoning disagreements between the Martin Marietta facility and its neighbors. I am very confident there are options and solutions that allow all parties to declare victory and happily co -exist without businesses failing and precious jobs leaving the county. We have installed permanent sound barriers throughout Weld County at locations such as the DCP O'Connor Gas Plant, the Anadarko / Oxy Midstream Latham Gas Plant and numerous other smaller locations that are attractive and protect the people around the facilities from the noise, light and even dust created with these operations. It seems to me a similar solution would go a long way to solving the problems with the Martin Marietta facility. We would love the opportunity to speak with you about our experience with installations in and around Weld County to solve similar disagreements between businesses and neighbors. We would love the opportunity to speak with yrou, and provide you with some relevant facts and figures that will aid in the process to help the parties find a solution that is good for Weld County. Respectfully, Jeffrey Shulse Rocky Mountain General Manger TruHorizon Environmental Solutions www.truhorizon.com 713-213-5301 Jessica Reid Subject: FW: RE: PC slide correction for the record From: Dave Kisker <dave.kisker@gmail.com> Sent: Wednesday, July 15, 2020 9:45 AM To: Bruce Barker <bbarker@weldgov.com> Cc: Bob Choate <bchoate@weldgov.com>; James Silvestro, Ireland -Stapleton <JSilvestro@irelandstapleton.com>; Mark E. Lacis <MLacis@irelandstapleton.com>; Angela Snyder <asnyder@weldgov.com> Subject: Fwd: RE: PC slide correction for the record Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the Isender and know the content is safe. Mr. Barker, As you can see from the email trail below, on June 17th, I informed Mr. Choate that there was an error in the record regarding one of the slides that was used for the CLR-34 presentation at the Planning Commission hearing on COZ20- 0004 on June 16th. In particular, this slide was corrected before our presentation, despite an assertion by the representation for Rock and Rail that we made untrue assertions regarding the issue of vested property rights. As you can see, Mr. Choate responded that my correction would be added to the record. However, it appears that this has not happened. I attempted to follow up with Mr. Choate on 7/10/20, but was informed that he is out of the office until 7/20. In the interest of assuring that the administrative record for this case is accurate, I'm repeating this request to you, along with the relevant file. Hopefully this will be sufficient to correct the record from the Planning Commission hearing. Regards, Dave Kisker Forwarded Message Subject:RE: PC slide correction for the record Date:Wed, 17 Jun 2020 15:15:11 +0000 From:Bob Choate <bchoate@weldgov.com> To:Dave Kisker <dave.kisker@gmail.com> CC:Angela Snyder <asnyder@weldgov.com>, James Silvestro, Ireland -Stapleton <JSilvestro@irelandstapleton.com>, Mark E. Lacis <MLacis@irelandstapleton.com> Mr. Kisker, We will include this slide and your explanatory email below as a separate exhibit in the record. Thanks for taking the time. 1 Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Dave Kisker <dave.kisker@gmail.com> Sent: Wednesday, June 17, 2020 9:13 AM To: Bob Choate <bchoate@weldgov.com> Cc: Angela Snyder <asnyder@weldgov.com>; James Silvestro, Ireland-Stapleton<JSilvestro@irelandstapleton.com>; Mark E. Lacis <MLacis@irelandstapleton.com> Subject: PC slide correction for the record 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. Choate, At the Planning Commission hearing yesterday, I showed the attached slide, identified as #12 in the CLR-34 presentation. I had made a correction to the version that had been submitted on Monday afternoon to Ms. Snyder. As a layperson, I did not consider the correction, which changed the wording in the table regarding "Property Rights" associated with rezoning to be especially significant. That cell in the table was corrected to refer to "Certain Property Rights" rather than "Vested Property Rights". I did, in fact, use the corrected version and wording during the CLR-34 comments. However, during his rebuttal comments, Rock and Rail's attorney, Mr. Connolly, stated that I incorrectly asserted that rezoning confers "Vested Property Rights", which of course, it does not, which is precisely why the correction was made. Apparently, Mr. Connolly was referring to the uncorrected version which was placed into the record on Monday, rather that the actual presentation, which the audio and video record will show did NOT, in fact make that assertion. In the interest of making the sure record is correct, I have attached the corrected version of slide 12. The version that was actually used was also on the computer that was used for the presentation. The complete file is large, so it cannot easily be sent by email. However, if the entire "as -presented" presentation is needed instead, then I would be happy to deliver it to you or Ms. Snyder. Or, perhaps it would be sufficient to include this email along with the corrected slide 12 in the record as documentation. Please let me know if this is adequate. Regards, Dave Kisker 2 Rezoning vs. USR Property Rights Limitations/Enforcement Conditions Mitigation requirements Change procedure Compatibility Requirements Use by Special Review Vested Property Right Applies ONLY to the approved uses Other uses would be a permit violation Conditions of Approval Development Standards Amendments Termination by Applicant Revocation by BOCC Imposed by application of Development Standards CLR-34 Neighborhoods Assn. Certain Property Right Applies to ANY allowed use in the zone district; Any attempt at restriction would violate vested rights Conditions of Approval None Rezoning None. Compatibility is assumed as part of the approval process 12 Jessica Reid From: Sent: To: Cc: Subject: Hello Robert, Esther Gesick Wednesday, July 15, 2020 5:06 PM Robert Balich Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid FW: Rezoning hearing for Martin Marietta Thank you for your comments. Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Regards, 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: Robert Balich <rbalich2002@yahoo.com> Sent: Wednesday, July 15, 2020 4:37 PM To: Esther Gesick <egesick@weldgov.com> Subject: Rezoning hearing for Martin Marietta Cautio1 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, I hope your week is starting off well. I am writing in regards to the July 22 hearing to rezone the Martin Marietta plant to heavy industrial. I live in Indianhead Estates directly across from the Martin Marietta operation. I am writing to express my concerns about the current disruption and likely increased disruption if they are allowed rezoning. Currently, both dust and n oise levels have a profound impact on being able to enjoy my own property and what I had hoped would continue to be a quiet residential area when I purchased this house. There also seems to be little consideration about level of noise from the current operation at Martin Marietta as there are incoming and outgoing trains at seemingly all hours and also significant other noise frequently. My understanding from neighbors who have been actually recording noise levels is they exceed acceptable levels for their proximity to residential areas, which seems to indicate some level of disregard for their neighbors. Also, my diagnosed Asthma condition seems to be exacerbated by the increased dust levels caused by o ngoing activity as I find myself needing to utilize my Albuterol inhaler more than I have at any other point in my life and a more frequent coughing, which I am guessing is due to large amounts of dust coming from their facility. It is not u ncommon to have observable dust plumes from their facility travel to the nearby residential areas. I am completely o pposed to the proposed rezoning being requested by Martin Marietta as they seem to already completely disregard the 1 residential community a short distance from their plant and if the rezoning is approved I only anticipate things would get significantly worse I apprectiate you taking a few moments to read this email and hear my concerns Respectfully, Robert Balich 27627 Hopi Trail Loveland, Colorado 80534 ( 2 COLORADO OIL&GAS ASSOCIATION July 17, 2020 The Honorable Weld County Commissioners 1180 O Street PO Box 758 Greeley, CO 80631 Via email: asnyderweldgov. com 1800 GLENARM ENA RM PLACE SUITE 1100 DENVER, CO 80202 Phone 303.861.0362 WWW.COGA.ORG RE: Docket #2020-47, PL2360, Gerrard Investments, LLC Dear Commissioners, Thank you for your favorable consideration of this rezoning request submitted by Rock and Rail. As you all know, the Colorado Oil and Gas Association (COGA) serves as a statewide trade association with more than 250 members that represent the entire value chain of the oil and gas industry. We take great pride in the fact that the oil and natural gas molecules produced in Colorado are among the cleanest in the world. Under Colorado's rigorous regulatory framework and environmental rules that are widely seen as the gold standard, Colorado companies are utilizing technology and innovation to decrease emissions, reduce leaks, and disturb less land. The end result is abundant, efficient and affordable energy sourced and produced locally in one of the safest and most environmentally sound manners anywhere. That matters, particularly if the alternative is relying on energy produced by countries with poor labor standards and environmental practices. We know that Rock and Rail shares this commitment. We support its rezoning application because it will improve safety in the region by further limiting truck traffic and mileage. Having another high -quality supplier locally will give our Weld County members a chance to "buy local," which reduces the delivery distances, while benefitting the local economy. As we continue to struggle through the COVID-19 pandemic, jobs and opportunities are at a premium. Undoubtedly, our industry is feeling the downturn, but so are many other industries resulting in less activity and fewer jobs Approving this application will help give hope to those who may have lost their jobs or struggling to make ends meet We appreciate your thorough review of the application on its merits and would encourage your favorable recommendation Thank you Sincerely, - ers----(-(s4,, Dan Haley President & CEO Colorado Oil and Gas Association EXHIBIT Jessica Reid From: Sent: To: Cc: Subject: Hello Mr. and Mrs. Robertson, " AC a 3 Cozao -Occ)`� Esther Gesick Thursday, July 16, 2020 11:05 AM BARRY ROBERTSON Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: Case number COZ20-0004 Thank you for your correspondence. Your email has been received and will be included in the file as an Exhibit for the Commissioners to review. Regards, 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: BARRY ROBERTSON <robertsonbs@msn.com> Sent: Wednesday, July 15, 2020 5:35 PM To: Esther Gesick <egesick@weldgov.com> Subject: Fw: Case number COZ20-0004 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. Please enter this formal complaint into the review of the zoning for Martin Marietta / Rock and Rail facility. From: BARRY ROBERTSON <robertsonbs@msn.com> Sent: Sunday, May 31, 2020 11:57 AM To: bpascoe@co.weld.co.us <bpascoe@co.weld.co.us> Subject: Fw: Case number COZ20-0004 Bethany, We understand Martin Marietta and Rock n Rail are trying to tell you that they have not received any complaints from surrounding properties about noise, dust, smells, sight infractions. Back in 2017 it 1 became painfully true that any complaint sent directly to them would be falling on deaf ears and not responded to. The below is my letter to Angela Snyder in response to the upcoming rezoning request. My response to Martin Marietta and Rock n Rail is: Are not THREE legal suits in three different courts and a decision in our favor in the appellate court...AND hundreds of thousands of dollars spent in legal fees NOT ENOUGH OF A COMPLAINT! From: BARRY ROBERTSON Sent: Monday, May 11, 2020 12:34 PM To: asnyder@weldgov.com <asnyder@weldgov.com> Subject: Case number COZ20-0004 Ms. Angela Snyder We live in the Indian Head subdivision and are unhappy to say our home is on the south west corner. We have a direct view of the Martin Marietta facility from our deck. We purchased our home in 2016 before any of the building of the facility and have put up with the constant changes and disregard to our pre -established neighborhood. This project was opposed by all surrounding it including the counties and towns. We as a group have won in the Colorado Appellate Court a decision to disallow the facility and have proven to the surrounding community that it was a mistake. To not reject the application for rezoning would be completely ignoring all of the history up until now. I do not understand why this would be anything but a NO answer on the rezoning. We have put up with unreasonable noise, dust, traffic and railroad trains at overnight hours for too long already. Our house is disturbed all hours both night and day to the point of not sleeping at night and not wanting to go out during the day to enjoy the day and our otherwise excellent neighborhood. Rezoning would only give them a green light to do as they please which it seems they are already taking to many liberties. Respectfully Barry and Sandy Robertson 27701 Hopi Trail in Indianhead Estates 2 Jessica Reid From: Sent: To: Cc: Subject: Hello Sandy, Esther Gesick Thursday, July 16, 2020 11:04 AM BARRY ROBERTSON Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: COZ20-0004 Thank you for your correspondence. Your email has been received and will be included in the file as an Exhibit for the Commissioners to review. Regards, 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: BARRY ROBERTSON <robertsonbs@msn.com> Sent: Wednesday, July 15, 2020 5:36 PM To: Esther Gesick <egesick@weldgov.com> Subject: Fw: COZ20-0004 Please enter this formal complaint into the review of the zoning for Martin Marietta / Rock and Rail facility. From: BARRY ROBERTSON <robertsonbs@msn.com> Sent: Sunday, May 31, 2020 11:56 AM To: bpascoe@co.weld.co.us <bpascoe@co.weld.co.us> Subject: Fw: COZ20-0004 Bethany, 1 We understand Martin Marietta and Rock n Rail are trying to tell you that they have not received any complaints from surrounding properties about noise, dust, smells, sight infractions. Back in 2017 it became painfully true that any complaint sent directly to them would be falling on deaf ears and not responded to. The below is my wife's letter to Angela Snyder in response to the upcoming rezoning request. My response to Martin Marietta and Rock n Rail is: Are not THREE legal suits in three different courts and a decision in our favor in the appellate court...AND hundreds of thousands of dollars spent in legal fees NOT ENOUGH OF A COMPLAINT! From: BARRY ROBERTSON Sent: Monday, May 11, 2020 5:25 PM To: asnvder@weldgov.com <asnyder@weldgov.com> Subject: COZ20-0004 Ms. Angela Snyder Weld Co Dept of Planning Services 1555 N. 17th Avenue Greeley,CO 80631 Dear Ms. Snyder As you have already been informed, there are multiple reasons that this neighborhood and this prime agriculture area residents have been adamantly opposed to the Martin Marietta / Rock and Rail invasion that we have all been subject to for the last 5 years. Of course, the illegality of the zoning change and the dubious moral character of our county commissioners and their self-serving decisions regarding anything Martin Marietta, certainly make one question the honesty and integrity of these public servants making the best decisions on this matter. These "public servants" decisions have clearly disregarded the original zoning and protection of this prime agricultural land and the residents who have enjoyed the peace and quiet of their country living here in Indianhead Estates. The effect on our community and the rural surroundings have been: There is constant dust: grinding commotion from noisy machinery: endless heavy truck traffic on all the surrounding roads: the presence and sounds of the train --horn blasting, brakes squealing, train cars banging together, and constant idling of the train engine for hours, have been documented by the very well educated scientific minds that live in this neighborhood. Their data show that noise limits have exceeded the acceptable limits both day and night! Needless to say, the quality of life here has changed for the worse and if Martin Marietta/ Rock and Rail are allowed to continue operations, our fear is that other large industry will see an open door for development here --in a place that should have NEVER have been rezoned from the beautiful and peaceful alfalfa and grain fields that rightfully and peacefully have been in place here for so many years. Thank you for your consideration. Sandy Robertson 27701 Hopi Trail Johnstown, CO 80534 2 P.O. BOX 329 COMMMERCE CITY, CO 80037 (303) 292-3434 FAX (303 292-6267 COLORADO ASPHALT SERVICES, INC. July 16, 2020 Weld County Board of County Commissioners Attn: Angela Snyder 1555 North 17th Avenue Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: On behalf of Colorado Asphalt Services, Inc. (CAST), I am writing to ask for your favorable consideration of the change of zoning application that has been submitted by Rock and Rail for its Highway 34 transload terminal in Weld County. CASI is a full -service asphalt and concrete company that has provided outstanding installation, paving, and maintenance services in Colorado for thirty years. We rely on facilities like the Rock and Rail terminal to source the materials we need to deliver these services to our customers. In areas like northern Colorado, demand for these construction materials, including aggregate, ready mixed concrete and asphalt continues to grow. The Rock and Rail facility was built to provide a locally available resource to help meet this demand and has already helped to deliver on significant infrastructure improvements in the area. The change of zoning application would allow Rock and Rail's facility to conform with new zoning code changes that were adopted last year by the County. In that code, rail served properties are determined to be good candidates for industrial zoning as they allow for the movement of goods in a way that minimizes the impacts from truck traffic. This location has been recognized by Weld County as an area well suited for industrial and commercial development so the change in designation is the right choice. I appreciate your consideration of my request and would urge you, once again, to approve this application. Sincerely, ----------).—a----ge"---0C---_ Terry Perardi CEO/CFO CASI EXHIBIT I AE Cozao - 000LA Weld County Board of County Commissioners Attn: Angela Snyder 1555 North 17th Avenue Greeley, CO 80631 R E : COZ20-0004 Dear Commissioners: I am writing to ask for your support of Rock and Rail's application for a change of zoning at its Highway 34 transload terminal and cement mixing facility in Weld County. As you know, the northern Colorado region has seen significant growth in recent years — which has brought several economic benefits. This growth 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 and industrial facilities. The Rock and Rail facility was built to address the diminishing supply of aggregate and construction materials critical to meet these infrastructure needs in northern Colorado, and has already contributed to the economy by supporting the development of a number of major projects in the region. To date, the resources provided by the terminal have sourced multiple projects that are critical to our region's long-term growth and viability — including several in the agricultural, residential, education, retail, energy, and transportation areas. An approval of this application is consistent with the vision identified in the county's recently approved zoning code, which highlighted the value of rail served properties for industrial use. Materials at this site can be moved by rail from this site, which significantly reduces truck traffic on the roads. It is my understanding that each trainload eliminates roughly 400 truckloads that would have otherwise been traveling on the roads creating additional congestion and emissions. Designating this site as industrial makes sense. I appreciate your consideration of this application and respectfully ask for your support. Sincerely, Spencer Zinn Chief Commercial Officer West Edge LLC EXHIBIT 1 a Ar zao-000y 7/16/20 Weld County Board of Commissioners 1150 0 Street Greeley, CO 80631 Dear Commissioners: It's time to stop Martin Marietta. We believe the commissioners errored in approving the original USR request because the applicant did not fulfill the criteria of the Weld County USR process. MMM built the concrete plant and transloading site at their risk, knowingly that they might have to someday deconstruct it. Other sites that were compatible and located in 1-3 zones in Windsor and near Milliken were available and better suited. The only difference is that they would have cost Martin Marietta a few dimes more per yard in concrete, aggregate, and asphalt. The same people would have been employed; the same projects would have been built. It is not up to the BOCC to ensure the most optimal economics for a national multi -billion - dollar company. Now, after multiple losses in court, after coming up with the trickery of buying a spur railroad as a wholly owned subsidiary and claiming wrongly that anything they do adjacent to a railroad is protected by the Federal jurisdiction of the Surface Transportation Act, and thereby dropping the USR, they want a Zone change. This is a ploy and BOCC members should be outraged. If that was the proper direction, why did they not do that in the first place. And now all the sudden, we see sound walls built, and MMM trucks running up and down the neighborhood with sound measurement devices. If they cared about noise — where were they when they first operated the plant? More importantly, where will they be when 13 noise standards are a very uncontrolled 80 dBA and we have no recourse? Things are marginally a little more quiet just the past couple of weeks, evidence that MMM is working on their "tippy-toes" and "whispering" their equipment. Nothing prevents them from turning up the noise, dust, and eventually the odors if you approve 1-3. The bottom line is MMM doesn't care to be a good neighbor, they have proved that time and again. 1-2 was disapproved adjacent to the north 1/4 a couple of years ago. 1-3 has less restrictions on allowed uses, much worse, so it should be disallowed too. It is clearly an attempt at illegal spot zoning. MMM, Rock and Rail should be required to allow the court case to continue and delay any further action until that case is resolved. Thank you Pete Straub 27793 Hopi Trail Johnstown, CO 80534 7/15/20 Dear Commissioners: In reference to COZ20-0004, Change to 1-3 Zoning on the MMM Plant, Please end this nightmare and turn down the latest ploy of Martin Marietta, Rock and Rail, and the Gerrard's to circumvent and push through a zoning change. A zoning change that would deny Weld County any control of noise, the significant dust, negative visual impact, traffic, likely storm water and ground water contamination and most egregiously the odors of an asphalt plant. Please stop this and deny the change. This is a fight that Martin Marietta, (make no mistake, this is Martin Marietta Minerals, a fifteen billion dollar company with vast resources to fight a small community, and even Weld County), to set a precedent across the county regarding concrete/asphalt plants located in tandem with transloading facilities, regardless of the compatibility of the facility to surrounding land uses. This neighborhood was here first for many years. Regardless of the drama that allowed it decades ago, we and the landowners surrounding us should be able to expect our elected leaders to protect our surrounds what was allowed, and not grant illegal and incompatible land uses next door. We acknowledge development will occur eventually in this corridor, but compatible development, and not 1-3 industrial development. If you correctly denied 1-2 development on the NW % property offsetting the plant to the north, then there is no justification that can be used to approve this rezoning. The communities of Johnstown, Windsor, and Greeley oppose it on a land use and compatibility basis. The District Court ruled against it. And the Federal courts are soon to rule on this - we believe they will find in favor of those opposed to the plant. Finally, I have suffered from Asthma and breathing disorders since I was a little girl in Montana. My husband and I left the larger city to escape some of the pollution that aggravated my condition and it improved substantially when we moved to this area. Since the plant has been erected and in operation, the increased dust and particles in the air have made breathing more difficult. This plant should have located in an industrial area in Windsor or Milliken, and not adjacent to a hundred homes. Again, please deny the change. Respectfully, Susan Straub 27793 Hopi Trail Weld County Board of County Commissioners Attn: Angela Snyder 1150 O Street Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: I am writing to ask for your support of the change of zoning application that was submitted for the Martin Marietta/Rock and Rail Highway 34 transload facility in Weld County. As a landowner with farming and ranching acreage in Weld County who has had direct experience working with Martin Marietta, I can attest to the fact that they are good corporate citizens who go the extra mile while working with landowners and neighbors. Martin Marietta has a long term lease to mine gravel on my ranch at the intersection of County Roads 64 and 25. and have consistently honored the integrity of the conditions I have requested — even when some may have been considered to go above and beyond what is typically expected of a lessee. Specifically, I found them to be respectful and responsible in the delivery of a reclamation plan that was finalized at the time of the permit and also responsive in addressing a restoration plan where I had specific requests on the final configuration of a lake on the property. I have observed the process that the company has undertaken at the Highway 34 terminal and have been very pleased with the efforts to screen and mitigate the concerns of the adjacent neighbors. Of note, the vertically constructed improvements on the site that were built to mimic farm buildings that are consistent with the historical look of the county were impressive. The bottom line -- the company is a good neighbor in the communities in which it operates. I support the zoning change application because it makes sense. This change in land use would be consistent with the vision that was identified in Weld County's recently approved zoning code that suggests properties served by rail are good candidates for commercial and industrial zoning. By approving this application, Weld County can have more input on the land use applications at the site and the company will have more regulatory certain. Please consider my request in support of this application for a change in zoning — this seems to be a logical solution. Sincerely, adv Ate_/N.A.t-ke1/4AZ3 V i t.‘ bCOSJ �. �7 bbl \AQDCCtUc_ C)Ast�l� Cov\-W\ 1 EXHIBIT ATE Co2ao-000t-k Weld County Board of County Commissioners Attn: Angela Snyder 1150 O Street Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: I am writing on behalf of Westward Development to ask for your support of the change of zoning application that was submitted by Rock and Rail for its Highway 34 transload terminal. As a development industry professional, I can attest to the importance of cost-effective access to the materials that are needed to support our infrastructure needs. The Rock and Rail terminal was built for that exact reason - to address a diminishing supply of aggregate and construction materials critical to construction needs in a growing northern Colorado market. This terminal, which includes a concrete mixing facility, is centrally located in the area, and provides businesses with the ability to procure these critical resources locally. Ultimately, that can result in diminished cost to both the business and its end users. I support the application for a change of zoning because it will allow the Rock and Rail site to conform with the new zoning code changes that were adopted by the county last year. In that new code, Weld County acknowledges the benefit of rail served properties, like this one, for potential industrial sites. Additionally, the change in zoning will give Weld County more oversight and governance by aligning zoning with actual usage at the site and give Rock and Rail more regulatory certainty for its business. Please support Rock and Rail's application for a change of zoning at this site as the facility and its central location in Weld County is an important driver for economic vitality in the region. Sincerely, Dino DiTullio Westward Development JE DUI%N® CONSTRUCTION www.jedunn.com JE DUNN CONSTRUCTION COLORADO CENTER - TOWER ONE 2000 S COLORADO BLVD, SUITE 1 2000 DENVER, CO 80222 TEL 303.753.8988 FAX 303.753.8964 July 14, 2020 Weld County Board of County Commissioners Attn: Esther Gerick 1180 O Street P.O. Box 758 Greeley, CO 80631 RE: Case No: COZ20-0004 Dear Weld County Commissioners: EXHIBIT .2 i A r - CI - £02aO - a6o ti Please accept this letter of support for the change of zoning request for the Rock and Rail Highway 34 transload terminal in unincorporated Weld County. As construction company that operated across the United States, JE Dunn can attest to the importance of cost-effective access to the materials we need in order to deliver our services to our customers. The Rock and Rail terminal was built to address a diminishing supply of aggregate and construction materials critical to construction needs in a growing northern Colorado market. This terminal, which includes a concrete mixing facility, is centrally located in the area, and provides us with the ability to procure these critical resources locally. It is my understanding that this rezone request has been supported by Weld County Planning staff and that it conforms with the new zoning code changes that were adopted by the county last year. In that new code, Weld County acknowledges the benefit of rail served properties, like this one, for potential industrial sites. Additionally, the change in zoning will give Weld County more oversight and governance by aligning zoning with actual usage at the site. This location is critically important to the economic growth in the region that is dependent on the local availability of building materials that can be used for infrastructure needs such as roads, schools, hospitals, homes, farms, and commercial and industrial facilities. Thank you in advance for your full consideration of this important project. Sincerely, n C. Moore, Ill enior Vice President. In pursuit of building perfection- Weld County Board of County Commissioners 1555 North 17th Avenue Greeley, CO 80631 Attn: Angela Snyder RE: COZ20-0004 Dear Commissioners: I am writing to ask for your support of a change of zoning that was submitted to Weld County by Rock and Rail for its Highway 34 transioad terminal. As a construction industry professional, I can attest to the importance of cost-effective access to the materials we need to deliver our services to our customers. The Rock and Rail terminal was built to address a diminishing supply of aggregate and construction materials critical to construction needs in a growing northern Colorado market. This terminal, which includes a concrete mixing facility, is centrally located in the area, and provides us with the ability to procure these critical resources locally. A change of the zoning at this site to heavy industrial would be consistent with the zoning vision identified in Weld County's recently adopted code which highlights the benefits of rail served facilities like this one to be designated industrial. It is my understanding that this rezone request has been supported by Weld County Planning staff and that it will give Weld County more oversight and governance by aligning zoning with actual usage at the site. Thank you in advance for your consideration of my request. The location of this facility is critically important to supporting industries who enhance the region's economic health. Sincerely, Bill Moser Wells Trucking q70 c90 so'V EXHIBIT i _ 1\L C --Lao _ 000 4 Noise Compatibility: The Inverse Square Law A case study of the possible regional noise impact of the Industrial -3 rezoning COZ20-004, based on a fundamental principle of physics. 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. Inverse Square Law • Another very important but little known acoustical phenomena is the Inverse Square Law. As a sound wave propagates spherically, the sound energy is distributed over the ever-increasing surface diameter of the wave front surface. The Inverse Square Law teaches us that for every doubling of the distance from the sound source in a free field situation, the sound intensity will diminish by 6 decibels. Technature.ca Because noise may be located at many places within the facility, assume that it is concentrated at the center as shown. Then The shortest (most conservative) distance to the zone boundary is 943 feet. If this noise source creates 80 db(A) at the boundary as shown, then according to the Inverse Square Law the noise level will be: 80 6 dB = 74 dB at 2 x 943 feet = 1886 feet. 74dB-6dB68dBat2x18863772feet 68dB-6dB = 62dBat2x3772 = 7544 feet. 62dB-6dB56dBat2x7544 15088 feet. Path Polygon Circle 3Q path 313 polygon 1 Measure the distance between two points on the ground Map Length: Ground Length: Heading: L Mouse Navigation Save 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 an• both residential and commercial Weld County limits. Conclusion • An Industrial -3 rezoning would have a substantial impact on commercial and residential development for a very large distance from the zone. • The precise impact would depend on operations inside the zone, which cannot be controlled by Weld County. On Highway Noise Barriers, the Science Is M Are There Ahern... https://und 'rg/2017/ 12/27/highway-noise-barrier-science/ On Highway Noise Barriers, the Science Is Mixed. Are There Alternatives? The massive walls are supposed to reduce traffic noise, but they're not very effective — and can make matters worse. Visual: Connecticut DOT D 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. BY MERYL DAVIDS LANDAU (HTTPS://UNDARK.ORG /UNDARK-AUTHOR /M ERYL-DAVI DS - LAN DAU/) 12.27.2017 RIVE DOWN THE interstate highways bisecting many busy cities and suburbs, and you'll likely no longer see the homes, buildings, or vistas that used to be a staple of roadway views. That's because in most populated places, massive sound walls have been installed. These noise barriers, typically made of concrete and standing an average of 14 feet, turn the backs of neighborhoods into prison -like yards, and, on narrower stretches of road, encase drivers in roofless tunnels. Since the iros, when the barriers first started sprouting, nearly three thousand (https://www.thwa.dot.gov/environment /noise/noise barriers/inventory!) linear miles have been erected. According to Department of Transportation officials, California alone has 760 miles of sound walls; Florida, 252 miles. 1 of 10 7/7/2020, 6:24 PM On Highway Noise Barriers, the Science Is Mixed. Are There Ahern_.. https://undark.org/2017/12/27/highway-noise-barrier-science/ By and large, residents say they want these walls. California has a waiting list (http://www.dot.ca.gov /disto7/resources/soundwalls/) for them. And at meeting last June (http://www.allianceofdelray.com /item_list.asp?subcat=1466& subtitle =Turnpike+Expansion+Meeting) with representatives of the Florida Department of Transportation (FDOT), which this journalist attended, many residents of Boca Raton were eager to know whether sound walls would be erected to buffer their homes from a planned turnpike expansion. One man's concern, however, stood out at that meeting. He talked about his prior house, which he claimed was quiet until a highway noise wall was installed a few blocks away — and it turns out that this isn't so unusual. For homes several streets from the barriers, or for those uphill of sound walls — and for everyone in certain weather conditions — the walls don't effectively block the sound, and may even help to amplify it. And what's worse is that these aren't new insights. Engineers and acousticians have known for years that the sound barriers bracketing America's urban and suburban highways are only marginally useful, and that a variety of better technologies could be developed. The problem: Nobody has an incentive to get them on the road. "Walls are not a very effective solution," said Robert Bernhard, vice president for research at the University of Notre Dame and an expert on noise control. Because the federal government pays for noise walls — and only noise walls — as part of highway expansion projects, he said, there is little incentive for researchers to keep testing and perfecting the alternatives. 2 of 10 7/7/2020, 6;25 PM On Highway Noise Barriers, the Science Is Mixed. Are There Ahern... https://undarkc.org/2017/12/27/highway-noise-barrier-science/ Sound moves in not -so -mysterious ways, meaning that typical sound barriers have only limited effectiveness. Visual: Wisconsin DOT OISE THAT BOTHERS a community must be at least considered for mitigation thanks to the Noise Control Act of 1972. It was passed as part of the federal government's efforts to better protect the environment — noise being one of many pollutants coming under scrutiny. Typically, when an interstate is widened or newly built, and in a small number of cases, when no additional construction is done, the state highway agencies determine whether they should mitigate the ruckus to area neighborhoods. That ruckus tends to come from three separate elements: the roar of the vehicles — primarily the exhaust and engine; the whooshing aerodynamics around the vehicles; and the slapping of the tires against the road. At highway speeds, the predominant sound for cars is that of tire -pavement; for trucks, engine and stack sounds are also a factor — at least for now. States use a specific noise model to predict the sound once the road will be expanded, and for several decades after. The complex formula includes the mixture of cars and trucks expected on the road; the buildings and vegetation in the area that would block some sound; the configuration and ground quality of the land between the road and the homes; the ways the sound is expected to diffract around the wall; and other key factors. Based on the formula, if the noise is projected to go over the government threshold of approximately 67 decibels (dB) during the noisiest hour of the day — and it is "reasonable and feasible" to reduce it at least 5 dB for some percentage of homes -- the government requires that walls be included if the surrounding community 3 of IC 7/7/2020, 6:25 PM On Highway Noise Barriers, the Science Is Mixed. Are There Altem... https://undark.org/20 17/121271highway-noise-barrier-science/ wants them. Just what constitutes "reasonable," of course, is interpreted in different ways by each state, which is why the use of sound walls varies greatly from one state to another. Even with the sound reduction, however, roadside residents are unlikely to hear crickets chirping. A dishwasher running in the next room is 50 dB (http://www.dot.ca.gov/dist2/projects/sixer/loud.pdf), as are the ambient sounds of a laid-back city. The noise criteria aim to allow people to talk over their backyard picnic table, or shout at someone several feet away. "It's not a situation where meeting the standard makes for a great backyard environment," Bernhard said. Of course, some of our ability to process sound is psychological: If people can see the tops of trucks over the wall they say it's noisier, something people in the field call "psycho-coustics," explained Bruce Rymer, a senior engineer at the California Department of Transportation. Just by ensuring a wall breaks that line of sight, "we achieve a reduction of 5 decibels," said Mariano Berrios, environmental programs coordinator at FDOT. But because noise travels in waves, not straight lines, sounds can and do go over the walls. This is why even with barriers standing 16 feet, homes several blocks away can hear the highway. Part of the sound wave is absorbed, part is reflected away from the wall, and part is transmitted through, Berrios explained. "Most of it goes above the barrier and gets diffracted, and gets to the receiver," — that is, to a resident's ears — he said. 4 of 10 7/7/2020, 6:25 PM On Highway Noise Barriers, the Science Is Mixed. Are There Altern... hops:/rundark.ori/2017/12/27/highway-noise-barrier-science/ This is especially problematic during certain weather conditions. When the consulting firm Bowlby & Associates, in Franklin, Tennessee, measured sounds around a highway in a yet -to -be -published study, they found that residents hundreds of feet from the highway could hear sounds some 5 decibels louder if the wind was blowing towards them, said Darlene D. Reiter, the firm's president. Weather, however, isn't taken into account by the regulations. The noise model "assumes neutral conditions — no wind and no temperature effects — when in reality that happens only occasionally," Reiter said. In the early morning, if the ground is cool but the air warms up, for instance, sound that would normally be pushed up is refracted downward, causing homes some 500 or 1,000 feet from the road to hear it loudly. Those living up on hills or near freeway openings sometimes find the noise actually worsens once walls are built nearby. It was a gap in the barrier near his suburban New Orleans home — partially to accommodate a highway exit — that substantially increased noise in the backyard of attorney Harry Molaison. Although his house is roughly 500 feet from the service road leading to the interstate, "you have all this rebounding sound from one parallel wall to another," he said. "We don't have the same peacefulness we had before," he added. 5 of 10 T'S WITH THESE problems in mind that the University of Pittsburgh recently received a grant to study whether walls could be made of materials that absorb, rather than reflect, more of the noise. But even if new materials were 7/7/2020, 6:25 PM On Highway Noise Barriers, the Science Is Mixed. Are There Altern... https:I/undark.org/2017112727/highway-noise-barrier-science/ developed — in addition to the popular concrete, sound walls are currently made of everything from masonry and steel to wood and plastic — the question would remain: Is this the best use of taxpayer money? Highway walls are expensive, running more than $2 million per linear mile — for one side of the highway, Rymer said. The total spent on sound walls through 2013, the most recent government figures, tops $6 billion (https://www.#hwa.dot.gov/environment/noise /noise_barriers/inventory/). Each state has a different threshold for what triggers the need for a "reasonable" intervention. According to Rymer, in California, which has one of the lowest thresholds, walls are justified when they cost federal taxpayers as much as $92,000 per impacted home. This is money that isn't spent on mass transit, or fixing ailing tunnels or bridges, or other transportation needs. "Three miles of sound barriers on both sides of an interstate would buy another M8 railcar for Metro -North [train service], and take ioo passengers off the state's highways" wrote Jim Cameron, the founder of a Connecticut -based commuter advocacy group, in a newspaper editorial (http://www.ctpost.com/local /article/Getting-There-Taxpayers-shouldn-t-pay- for-1o85o65o.php) earlier this year. Love Undark? Sign up for our newsletter! Your Email Address SUBMIT 6 of TO 7/7/2020, 6:25 PM On Highway Noise Barriers, the Science Is Mixed. Are There Altem... https://undark.org/2017/12/27/highway-noise-barrier-science/ Mammoth barriers also block small animals — frogs, turtles, snakes — from getting from one habitat to another, said Elizabeth Deakin, professor emerita of city and regional planning at the University of California, Berkeley. This may affect wildlife communication, migration, and even reproduction. Of course, it's understandable why neighbors whose homes border a highway want something that mitigates the noise. Loud traffic interferes with the enjoyment of your yard. Having cars so close to a home can even cause health issues. According to a 2011 World Health Organization (hlLp://www.euro.who.int/ data/assets /Pdf file/0008/136466/eg4888.pdf) report, environmental noise leads to heart disease, hypertension, and cognitive impairment in kids. But if the bulk of the noise is caused by the tires and the roadway, some experts suggest that attacking the commotion at the source — or testing other methods that might absorb it — could be a more effective and less costly approach. Some tire companies have done research on making tires quieter, but the bulk of their efforts are in keeping the noise from penetrating the inside of the car, not in silencing them outside, Bernhard said. And while electric cars are far quieter than cars with internal combustion engines, at highway speeds car engines aren't much of a factor — though trucks could be a different story. Tesla's recent introduction (hiIps://www.tesla.com/semi) of its electric semi -truck will undoubtedly alter highway sounds going forward, since the engine and stack noises will be eliminated. Companies in some European countries are 7 of 10 7/7/2020, 6:25 PM On Highway Noise Barriers, the Science is Mixed. Are There Astern... https://undark.org/2017/12/27/highway-noise-barrier-science/ experimenting with unconventional methods that could ultimately block highway sound. One, a luminescent solar concentrator (LSC) (https://www.nature.com /articles/519298a.pdf?origin,-ppub), features colorful translucent sheets that not only don't obstruct views and sunlight, they generate electricity to nearby homes. Another is researching whether dense bamboo (https://dgmr.nl/uploads/files /InterNoise%2o2o16%20000bo8%2oBamb00%2oplants%ooas%2oa% or other plant species can be coaxed to form an effective vegetation wall. But altering the pavement is where most of the potential seems to lie. Several states — Arizona (http://asa.scitation.org/doi/1o.1121/1.4780322), California, and Florida in particular — have experimented with such changes. These "quieter pavements" involve adding more porous surfaces to asphalt or altering the configuration of the tiny grooves in concrete. "When there is texture on the surface of the pavement, the trapped air inside the tire's tread pattern doesn't make the same clapping noise," Bernhard explained. Some states have laid thousands of miles of these road surfaces, and have seen results of up to a 9dB reduction in noise. Dana M. Lodico, a senior consultant with Illingworth and Rodkin, said engineers have been studying its effects since the 1990s. Her firm alone conducted four major decade -long studies and many shorter ones. "There's tons of research" showing its effectiveness, she said, especially in states with warmer climates. (The studded tires some drivers use in snowy states can break down the road surface more quickly.) One major report (http://www.trb.org/Publications /Blurbs/1692oo.aspx) that her firm worked on examined 8 of 10 7/7/2020, 6:25 PM On Highway Noise Barriers, the Science Is Mixed. Are There Altern... baps://undark.org/2017/12/27'highway-noise-barrier-science/ the cost -benefit of sound walls versus pavement changes, and found many scenarios where a combination of lower walls — or no walls — were more effective and less expensive than a barrier by itself, she said. Despite all of these potential innovations, however, the current structure of federal highway subsidies is likely to keep them from widespread use anytime soon. As it stands, the Federal Highway Administration has not approved pavement as an accepted form of noise abatement. "We have uncertainty about how long the reduced noise level from the pavement will last, and there is no guarantee that the reduction can be achieved on a consistent basis nationwide," said agency spokesperson Doug Hecox. That means states that currently change their pavement still have to put up walls as part of their highway projects. And because maintenance of the pavement to keep it quiet — resurfacing perhaps every 15 years, Lodico said — would fall to the states, many state officials undoubtedly prefer the more -permanent walls, which are built almost exclusively with federal funds. When it comes to mitigating highway noise, Bernhard noted, "The predominant culture is cost avoidance." Meryl Davids Landau is a Florida -based journalist whose work has appeared in a variety of publications, including U.S. News & World Report, Glamour, Vice Media, Parents, Reader's Digest, Good Housekeeping, and Prevention, among others. of 10 7/7/2020, 6:25 PM COIOMGO MOT MI:H) cow ^ETE ASSOCIATION July 17, 2020 �CSSGA Colorado Stone, Sand & Gravel Association Weld County Board of County Commissioners Attn: Angela Snyder 1150 O Street Greeley, CO 80631 R E : COZ20-0004 Dear Commissioners: I am writing to you today on behalf of the Colorado Stone, Sand & Gravel Association (CSSGA) and the Colorado Ready Mixed Concrete Association (CRMCA) regarding the change of zoning application submitted by Rock and Rail for its Highway 34 transload terminal in Weld County. CSSGA is a membership organization comprised of aggregate producers and companies who provide goods and services to the construction industry. Similarly, CRMCA members include ready mixed concrete producers, contractors that purchase concrete during their projects, and companies who provide products and services to the industry. Together, these organizations work with stakeholders at the state and local government level to improve and grow the aggregate mining and ready mixed concrete industries. CSSGA and CRMCA both support the opening and/or expansion of mine sites and material handling facilities to meet the demands for material supply in our state. The consumption rate for construction aggregates is approximately 10 tons/capita/year. While citizens may not purchase aggregate directly, it is consumed in the construction of projects like new schools and churches, pathways, sidewalks, or roadway expansion and repairs. This directly affects all citizens allowing for ease of travel and shipments of goods and services to places like stores and restaurants in our communities. Projects like the Highway 34 transload terminal site and the designation as heavy industrial under the newly approved Weld County zoning code is a logical approach that will help meet the growing demands of our industry. Sincerely, Todd R. Ohlheiser Executive Director Colorado Stone, Sand & Gravel Association and Colorado Ready Mixed Concrete Association UNION PACIFIC BUILDING AMERICA July 17, 2020 Weld County - Board of County Commissioners Weld County Planning Commission Attn: Esther Gerick 1180 O Street P.O. Box 758 Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: I am writing in support of the requested zoning change on behalf of the Rock and Rail Highway 34 transload terminal in Weld County. It is my understanding that this rezone request has been supported by Weld County Planning staff and that it conforms to the new zoning code changes that were adopted by the county in 2019. In that new code, Weld County acknowledges the benefit of rail served properties. like this one, for potential industrial sites. Additionally, the change in zoning will give Weld County more oversight and governance by aligning zoning with actual usage at the site. The Rock and Rail terminal facilitates safe, cost effective and environmentally responsible distribution of key industrial materials necessary for critical infrastructure needs such as roads, buildings, homes, and commercial and industrial facilities. Moving bulk materials via rail for significant distances reduces road congestion and. emissions while improving road safety. Each train currently being transloaded at the site removes roughly 400 truckloads from Weld County roads. The Association of American Railroads estimates that each freight rail job supports nine jobs elsewhere in the U.S. economy. Please support Rock and Rail's request for change in zoning at its Highway 34 terminal site. This location is critically important to the economic growth in the region. Sincerely. Nathan Anderson Senior Director, Public Affairs UNION PACIFIC RAILROAD 650 Davis Rd Salt Lake City. UT 84119 Nathan Anderson Senior Director, Public Affairs Corporate Relations P 801-212-5415 F 402-501-2301 E nanderson@up.com Jessica Reid From: Sent: To: Cc: Subject: Esther Gesick Monday, July 20, 2020 8:38 AM psmarkus@lbbroadband.net Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid FW: COZ20-0004 Hello Mr. and Mrs. Markus, Your email has been received and will be included in the public record as an Exhibit for the Commissioners to review. Regards, 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: Steve Moreno <smoreno@weldgov.com> Sent: Monday, July 20, 2020 8:28 AM To: Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: FW: COZ20-0004 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 1 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 Markus <psmarkus@Ipbroadband.net> Sent: Monday, July 20, 2020 8:28 AM To: Steve Moreno <smoreno@weldgov.com> Subject: 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. Case # COZ20-0004 Dear Commissioner Steve Merino, I write this letter in protest of the Rock & Rail railroad, subsidiary of Martin Marietta, rezoning to industrial -3 site. As a neighbor to Rock & Rail's existing concrete operation, I find the tasks of the operation very loud and obnoxious. There are days when I can hear the squealing wheels of the rail cars to the track because of the tight arc of the rail. The loud noise from the tug and stop of the rail cars as they're unloaded. The continuous machine noise of mixing large batches of concrete. The train locomotive whistle as it warns of its presence, many times over, as was the case on April 24, 2020. Almost all of the arrivals of these trains are in early morning as I try to enjoy my patio with my coffee and breakfast. All of this noise is not white noise and must be breaking residential noise limits. On the morning of February 21, 2020 enjoying a cup of coffee on the patio, when a diesel odor permeated my space and filled the air. We shouldn't have to tolerate these situations. In 1976 -1977 the Weld County Government permitted plans for the lndianhead residential to be built amid farm land. The present Weld County government should continue the original commitment, as this area is not compatible for heavy industrial as Rock & Rail and Martin Marietta wishes. You can stop this! Paul & Sharon Markus 27711 Blackfoot Rd. Johnstown, Colorado 80534 2 July 20, 2020 Weld County Board of County Commissioners Attn: Angela Snyder 1150 O Street Greeley, CO 80631 RE: COZ20-0004 Dear Commissioners: On behalf of the Homebuilders Association of Northern Colorado (NoCo HBA), I am writing to ask for your support of the change of zoning application that was submitted by Rock and Rail for its Highway 34 transload terminal in Weld County. NoCo HBA is an organization of residential construction and related professionals dedicated to high ethical standards, education, and advocating for the health of our industry and success of our members. As an organization, we have represented every segment of the residential building industry in 54 municipalities and eight counties, including Greeley, Loveland, Windsor, Fort Collins, and surrounding areas since 1967. As a building industry, it is critically important for us to be able to source cost-effective materials to deliver our products to our customers. As demand for building materials have increased over the last decade, costs have increased. For this reason, the construction of the Rock and Rail terminal at its location in Weld County has been an important asset to our success. This facility was built to address a diminishing supply of construction materials that are so important to meet the infrastructure needs in a growing northern Colorado market. Because this terminal is centrally located in the area, it provides us with the ability to procure these critical resources locally. Rock and Rail's application for a change of zoning at this site to heavy industrial is consistent with Weld County's recently adopted zoning code and would be consistent with the county's vision for land use applications. Also, I understand that an approval of this request would give Weld County more oversight over the land use applications at the site while giving Rock and Rail more certainty to rules that apply at the location - all while supporting an essential construction industry that is a major contributor to the county and regional economy. Thank you in advance for your consideration. I respectfully ask for your support of this application from Rock and Rail as its location is important to the economic growth in the region that is dependent on the local availability of building materials that can be used for infrastructure needs including home building. Best, Nikki Giordano, Executive Officer HBA of Northern Colorado 1907 N Boise Ave, Unit 1 ( Loveland, CO 80538 Office: 970-686-2798 I Cell: 907-830-9139 Jessica Reid From: Sent: To: Cc: Subject: Attachments: Hello Jeff, Esther Gesick Monday, July 20, 2020 1:12 PM jshulse@TruHorizon.com Kevin Ross; Angela Snyder; julie.mikulas@martinmarietta.com; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid FW: Martin Marietta Facility Re -Zoning Weld County Info.pdf Your email/attachment 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: Kevin Ross <kross@weldgov.com> Sent: Monday, July 20, 2020 12:05 PM To: Esther Gesick <egesick@weldgov.com> Subject: FW: Martin Marietta Facility Re -Zoning From: Jeff Shulse <shulse@TruHorizon.com> Sent: Tuesday, July 14, 2020 2:15 PM To: Kevin Ross <kross@weldgov.com> Subject: Martin Marietta Facility Re -Zoning 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. Commissioner Ross: I have read the recent articles in the Loveland Reporter Herald about the noise and zoning disagreements between the Martin Marietta facility and its neighbors. I am very confident there are options and solutions that allow all parties to declare victory and happily co -exist without businesses failing and precious jobs leaving the county. We have installed 1 permanent sound barriers throughout Weld County at locations such as the DCP O'Connor Gas Plant, the Anadarko / Oxy Midstream Latham Gas Plant and numerous other smaller locations that are attractive and protect the people around the facilities from the noise, light and even dust created with these operations. It seems to me a similar solution would go a long way to solving the problems with the Martin Marietta facility. We would love the opportunity to speak with you about our experience with installations in and around Weld County to solve similar disagreements between businesses and neighbors. We would love the opportunity to speak with you, and provide you with some relevant facts and figures that will aid in the process to help the parties find a solution that is good for Weld County. Respectfully, Jeffrey Shulse Rocky Mountain General Manger TruHorizon Environmental Solutions www.truhorizon.com 713-213-5301 2 Precast Concrete Barriers Our comprehensive approach sets up the right plan for each individual customer. Different locations require different solutions. 4114 Product Diversity: Our relationships with numerous material suppliers allows TruHorizon to deliver a solution that meets your specific needs. Our walls meet a range of specifications to provide high performing results with the look you want: Ballistics: ANSI 1 UL 752 Level 5 to Level 10 Fire: Resistance from 1 hr to 3hrs, 100% Compressive Strength to 1,200 degrees Sound: SIC Ratings from 26 to 70+ and NRC Ratings from .25 to .95 Sizing: Available in spans ranging from 5' to 20' on center Textures: Brick, Sandstone, Stone Block, Stacked Stone, Smooth Posts: Steel or Concrete, Piers or Direct Burial Industries Served: TruHorizon Environmental Solutions offers a complete range of services from sound monitoring, design and installation with everything executed on time and on budget. Our up -front analysis yields an optimal solution at a competitive cost. Our project execution transcends industries with the experience, capabilities and safety that you should expect: TruHorizon ' Distribution Centers ' Data Centers ' Electrical Transmission ' General Contractors "Real Estate Developers ' Petrochemical / Industrial Integrated Services. Advanced Solutions Environmental Solutions OTTENJOHNSON ROBINSON NEFF+RAGONETTI Memorandum To: Angela Snyder FROM: Brian J. Connolly CC: Bruce Barker Bob Choate DATE: July 20, 2020 RE: VIA E-MAIL Weld County Planning File No. COZ20-0004 Highway 34 Terminal Additional Applicant Materials As you are aware, our firm represents Rock & Rail, LLC (the "Applicant"), the applicant in the above - referenced matter. Attached, on behalf of the Applicant, we are submitting the following additional materials for consideration by the Board of County Commissioners: 1. Letter response to July 13, 2020 letter from James Silvestro requesting a continuance of this matter. 2. Applicant's proposed findings of fact. 3. Sound Level Survey Report prepared by Behrens and Associates, Inc., dated July 17, 2020. 4. Noise Modeling Report prepared by Behrens and Associates, Inc., dated July 17, 2020. 5. Response to Indianhead West noise analysis by Behrens and Associates, Inc., dated July 17, 2020. 6. Letter from David Stewart, PhD, P.E., of Stewart Environmental Consulting Group, LLC, addressing air quality matters, dated July 16, 2020. 7. Review of Stormwater and Groundwater Quality and Quantity, prepared by Tetra Tech, dated July 16, 2020. Please do not hesitate to contact our office with any questions regarding any of these documents. 950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303.825.8400 F 303.825.6525 OTTENJOHNSON.COM 1878209.1 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED OTTENJOHNSON ROBINSON NEFF +RAGONETTL July 20, 2020 VIA E-MAII, Weld County Board of County Commissioners c/o Bruce Barker, County Attorney 1150 O Street Greeley, CO 80631 BRIAN J. CONNOLLY 303 575 7589 BCONNOLLY©OTTENJOHNSON.COM Re: COZ20-0004 Highway 34 Terminal Applicant Response to Request for Continuance To Whom It May Concern: As you know, our firm represents Rock & Rail, LLC ("Applicant"), the applicant in the above -referenced matter (the "Application"). This letter responds to the correspondence dated July 13, 2020 from James Silvestro, on behalf of the small group generally known as "CLR 34," requesting a continuance of the scheduled July 22, 2020 hearing before the Board of County Commissioners. The request for continuance asks the BOCC to cede decision -making authority in this case to the federal district court and risks the possibility of a court determination that the County lacks any authority to regulate the subject property. However, the interests of the County and its citizens are better served by the BOCC exercising its authority to zone the subject property and approving the Application. The Applicant requests that the BOCC deny the request for the additional reasons discussed below. First, the trial in the referenced Federal Lawsuit has been scheduled since April 6, 2020, and the BOCC hearing in this matter has been scheduled since April 27, 2020. Given that the request for continuance came just nine days before the scheduled BOCC hearing, it appears that the request is an extension of this special interest group's attempt to delay the Application and to deprive the BOCC of any say in this matter. This same group filed an appeal in 2018 to avoid the BOCC completing the prior Use by Special Review process, only to have that appeal dismissed by the Colorado Court of Appeals. Although such delaying tactics may benefit a small interest group, they are not in the best interests of the County. Moreover, the fact that the federal trial will take place in August 2020 does not mean that a ruling will issue simultaneously, and it is altogether likely that the CLR 34 group will again use appeals to avoid a BOCC decision in this matter. Second, the BOCC's disposition of the Application will have little bearing on the Federal Lawsuit, and vice versa. The Federal Lawsuit is squarely concerned with whether the Applicant's present activities on the subject property are considered "rail transportation" under the Interstate Commerce Commission Termination Act ("ICCTA"), and thus not subject to local regulation. If the Applicant prevails in the Federal Lawsuit, it simply 950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303.825.8400 F 303.825.6525 OTTENJOHNSON.COM 1877633.5 Weld County July 20, 2020 Page 2 means that its operations may continue to function under the jurisdiction of the federal government, not the County. Conversely, the upcoming BOCC hearing is about zoning, an entirely separate matter within the County's exclusive control. The Applicant's goal in requesting the proposed change of zone is to (a) voluntarily subject its existing concrete operations to County zoning regulation to ensure regulatory clarity and consistency, and (b) allow, under County regulation, for the buildout of the remainder of its original proposal for the subject property. The trial's outcome will not and cannot have any effect on the County's zoning designation for the subject property. The only effect of continuing the hearing is that it will further delay making any operations at the subject property subject to County regulation. Third, the request letter incorrectly ties the proposed continuance to the County's decision not to pursue enforcement action against the Applicant. The County unquestionably has jurisdiction to determine the appropriate zoning classification of the subject property. The Applicant is voluntarily consenting to the County's exercise of regulatory and enforcement jurisdiction over aspects of its operations, and there is no reason to delay the County's exercise of that authority. The Application process has now proceeded for more than three months, during which the CLR 34 group has participated in the change of zone process with great zeal. They will have a similar opportunity to participate in the July 22, 2020 hearing, and their letter does not indicate that they will be unable to participate in that proceeding. Their request is filed solely for purposes of delay. CLR 34 should not now, a few days before the hearing, be given authority to tell the BOCC, the Applicant, and the public when this Application will be decided. The Applicant respectfully requests that the BOCC deny the requested continuance. Very truly yours, &to, Brian J. Connolly For the Firm BJC/abm cc: Angela Snyder 1877633 5 Weld County Planning File No COZ20-0004 Highway 34 Terminal Applicant Rock & Rail, LLC's Proposed Findings of Fact The applicant, Rock & Rail, LLC, submits the following proposed findings of fact and respectfully requests that the Weld County Board of County Commissioners adopt such findings in connection with approval of the applicant's request for Change of Zone WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Department and the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons 1 The applicant has complied with all of the application requirements listed in Section 23-2-50 of the Weld County Code 2 The request is in conformance with Section 23-2-40 B of the Weld County Code as follows A Section 23-2-40 B 1 — That the proposal is consistent with Chapter 22 of the Weld County Code 1) Section 22-2-70 A states, "The intent of the industrial Goals is to establish 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 " The proposed change of zone will ensure that the subject property, which is appropriately suited to industrial development, will be able to continue to receive and process materials necessary for construction activities throughout the County and region. The subject property's industrial uses support on- and off -site employment opportunities for County and regional workers. 2) Section 22-2-70 B states, "When reviewing proposed industrial development, there should be a thorough examination of issues, such as compatibility with surrounding and regional land uses, availability and adequacy of infrastructure and services serving the proposal and impacts on the natural environment " The proposed change of zone is compatible with surrounding land uses. Land uses surrounding the property generally consist of industrial and agricultural uses. A residential development is located to the north and east of the property, separated from the improvements on the property by more than 700 feet, and a substantial berm. The change of zone proposes industrial land 18775294 uses in fan area that is capable of supporting them, with access to a Union Pacific railroad line and major regional highways. 3) Section 22-2-80 A states, "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Region Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably attainable " The subject property is along railroad infrastructure and where adequate services are currently available. The subject property is located within the Cooperative Land Use Annexation and Utility Areas (CLUA) designated in the Windsor -Greeley Intergovernmental Agreement (IGA). The proposed zone change is consistent with Greeley's Comprehensive Plan, which states that heavy industrial and manufacturing uses should be located to "take advantage of existing freight rail corridors, air transportation, and major arterials." Under the proposed zone change, industrial uses would be located within Intergovernmental Agreement urban growth areas and growth management areas as defined in the County's and associated municipalities' comprehensive, plans. With limited areas in the county designated for 1-3 uses, this proposed zone change will help ensure that adequate services and facilities are available to serve industrial development. 4) Section 22-2-80 A 1 states, "Ensure that adequate industrial level of services and facilities are currently available or reasonably obtainable to serve the industrial development or district" Sufficient services are available to serve the industrial development of the subject property. The property is served with potable water and has access to a County arterial roadway and major state highway (U.S. Highway 34), as well as access to a main line railroad. 5) Section 22-2-80 A 2 states, "Encourage new industrial development within existing industrial areas" The area surrounding the property contains a pet crematorium, excavating company, several industrial and -logistics uses (to the west in Johnstown), oil and gas exploration, and agricultural uses. 6) Section 22-2-80 A 3 states, "Encourage industrial development by improving major transportation corridors " U.S. Highway 34 and the Union Pacific railroad serve the subject property. County Road 13 is a County -designated major arterial road. 2 18775294 7) Section 22-2-20 G 2 states, "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 " The subject property is presently zoned agricultural, but is an area that is rapidly urbanizing It is also located in a transportation node. The area can thus support industrial development, and such development can be made compatible with the region and surrounding area. 8) Section 22-2-20 G 3 states, "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 " The subject site is located inside Intergovernmental Agreement areas, Urban Growth Boundary areas, and an Urban Development Node. Additionally, adequate services are available to serve the subject site. B Section 23-2-40 B 2 — The uses which will be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses 1) The area surrounding the subject property has a vast mix of land uses, including agricultural, residential, commercial, industrial, and extractive land uses. The subject property is also served by significant regional transportation infrastructure, including two railroads, U.S. Highway 34, and Interstate 25. 2) There are several industrial uses in the immediate vicinity of the subject property. A construction business, permitted under USR15-0075, and a pet memorial facility and RV storage facility, permitted under USR15-0044, are located directly southwest of the site. A conference center and event venue, permitted under USR15-0028, is located directly east of the site. The property directly north of the site owned by Occidental Petroleum Corporation will be utilized for oil & gas development. Other land uses in the vicinity include A Concrete, Inc. under USR 16-0010, W3 Legacy LLC, a trucking and construction business permitted under USR15-0040 for fly ash transloading, Waste -Not Recycling, Slager Trucking Company, and Rocky Mountain Hoist and Equipment. Additional establishments include Canyon Bakery with 3 18775294 transload facility. The surrounding area is seeing more commercial and industrial uses because of its proximity to a major transportation corridor and the demand for commercial and industrial land. 3) The site is on a very large piece of land that permits extensive buffering and mitigation. A small part of the rezoned property abuts an urban -scale residential subdivision, Indianhead Estates, to the northeast of the subject property, but there is a 750 foot buffer between it and the railroad track on the property Additionally, the two uses are separated by a large berm and by a brick wall, both of which serve to mitigate aesthetic and sound impacts. The residential subdivision is over 1300 feet from the currently existing concrete facility existing concrete plant on the property. That subdivision stands out among the surrounding land uses as the only urban -scale residential development in the area. The subdivision exists among a mix of agricultural, commercial, and industrial uses, with more commercial and industrial uses planned for the U.S. Highway 34 corridor in the future. 4) Compatibility between land uses is a function of both the use itself, the size of the property and the use of parts of the property as buffer, as well as the development and operational measures that are employed in the construction and operation of a given use. 5) Federal and state law, and the Weld County Code, limit and restrict impacts of industrial uses through air permitting, stormwater permitting, and sound regulations. The site planning process provided pursuant to the Weld County Code further ensures that any development is compatible with surrounding uses, as Section 23-2-150.A provides, "Site Plan Reviews require additional consideration to ensure that the uses permitted are established and operated in a manner that is compatible with existing and planned land uses in the neighborhood " 6) The current industrial uses on the site, including the transloading and concrete mixing operations, were developed with several measures to protect residential and other surrounding properties. Measures that have been taken to ensure compatibility between the subject property and the adjacent subdivision include an approximately 15 -acre buffer area northeast of the existing rail loop, containing berming, stormwater facilities, and irrigation ditches. The rail spur on the property is over 750 feet, and the transloading facilities are 4 18775294 more than 1,000 feet, from the nearest home. The very large buffer area provides an appropriate transition to the residential subdivision. The site could have been designed with a transitional use instead of 15 acres of buffer, but the designation of it as buffer provides a better transition between the uses. 7) Although the I-3 district allows many industrial uses, the foregoing improvements generally dictate that the subject property will be used for transportation -related uses. Specifically, the existence of the rail loop and transloading operations on the subject property ensure that it will be utilized for such purposes for an extended period of time. 8) Even if the subject property were to be utilized for other uses allowed in the I-3 district, these uses would be appropriately mitigated to {ensure compatibility. For instance, adult businesses and biosolid and domestic septage are prohibited by the Weld County Code due to the site's proximity to residential uses. Other uses are limited by County noise regulations, state and federal air quality regulations, and stormwater regulations. The site planning process requires the County to evaluate compatibility with respect to any proposed use, and to ensure that appropriate mitigation measures are taken to ensure compatibility 9) The foregoing mitigation measures, in addition to other mitigation measures that will be taken in connection with future site planning for the subject property, ensure that any uses that will be developed on the subject property are compatible with surrounding land uses. C Section 23-2-40 B 3 — Adequate water and sewer service can be made available to the site to serve the use permitted within the proposed Zone District A twelve -inch Little Thompson Water District line runs along the east side of WCR 13 and twelve -inch line runs along the entire north property line. This is connected to a twelve -inch line looping through the interior of the property. The district currently supplies water to the property through meter nos. 3902, 825001 and 832801. Copies of the water bills for each of these are included with this application. No additional water is required at this time. The properties are currently served by three septic systems permitted under SP -0701064 for buildings at the entrance with SP -1000036 and SP -1900423 modifications, SP -1600224 for buildings inside the loop with SP - 1900424 modification, and SE -0000094 for the house along CR 56 on south side of properties. 5 1877529 4 D Section 23-2-40 B 4 — Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed Zone District The roadway infrastructure surrounding the property is sufficient to serve the industrial improvements on the property. The property is located less than one-half mile from U.S Highway 34, a four -lane divided highway. The intersection of Weld County Road (WCR) 13 and US Highway 34 was recently improved to accommodate existing and future industrial development on the subject property and in the surrounding area. These improvements include (1) Northbound right -turn lane at the Site Drive/ WCR 13 intersection, (2) Southbound left -turn lane at the Site Drive/ WCR 13 intersection; (3) Northbound right -turn acceleration lane at the US Highway 34/ WCR 13 intersection, (4) Installation of a traffic signal at the intersection of WCR 13 and US Highway 34, (5) Upgraded pavement on WCR 13 from the site to WCR 13 Intersection; and (6) Railroad signals installed on WCR 13 and along Great Western Rail crossing on Highway 34. E Section 23-2-40 B 5 — In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards 1) Section 23-2-40 B 5 a — If the proposed Change of Zone is located within any overlay zoning district identified by maps officially adopted by the County, that the applicant has demonstrated compliance with the County regulations concerning overlay zoning districts Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application The proposed change of zone is not located in an any overlay zoning district 2) Section 23-2-40 B 5 b — That the proposed rezoning will not permit the use of any area known to contain a commercial mineral deposit as defined by state statutes in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property There is no known commercial mineral deposit on the subject property. 3) Section 23-2-40 B 5 c — If soil conditions on the site are such that they present moderate or severe limitations to the construction of structures or facilities proposed for the site, that such limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to development of the property There are no soil conditions presenting moderate or severe limitations to the construction of structures or facilities on the subject property. 6 1877529 4 Kelim Offload Facility Sound Level Survey Report July 17, 2020 Prepared for: Rock and Rail, LLC 27486 Co Rd 13 Johnstown, Colorado 80534 Prepared by: Behrens and Associates, Inc. 9536 East I-25 Frontage Road Longmont, CO 80504 Colin Drolshagen Lead Acoustical Technical Jason Peetz Engineering Manager Corporate Office: Hawthorne, California Carson. California - Aledo, Texas Napa, California -- Longmont, Colorado - McDonald. Pennsylvania 800-679-8633 WW‘k.environmental-noise-control.com -- www.drillingnoisecontrol.com Behrens and Associates. Inc. Environmental Noise Control J" 1. Introduction The purpose of this study is to document the measured ambient and operational sound levels near the Rock and Rail Kelim Offload Facility (40.397911°, -104.939363°) located near Kelim, Colorado. Four sound level meters and a weather station were deployed at the locations shown in Figure 1-1. The meters were deployed on Friday, July 10, 2020 and retrieved on Tuesday, July 14, 2020. The meters were deployed in accordance with the requirements of the Colorado Revised Statute (CRS) 25-12-103. The facility was operational for four out of the five days surveyed with Sunday as a shutdown day representing an uninterrupted ambient period. 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. The following is provided in this report: • A brief introduction of the fundamentals of noise. • A review of the sound level survey procedure. • Presentation of the results for the ambient, operational, and overall survey periods. Figure 1-1 Kelim Offload Facility Sound Level Monitoring Locations Introduction 1 tiot gat% Behrens and Associates, Inc. Environmental Noise Control 2. Noise Fundamentals 1 Sound is most commonly experienced by people as pressure waves passing through air. These rapid fluctuations in air pressure are processed by the human auditory system to produce the sensation of sound. The rate at which sound pressure changes occur is called the frequency. Frequency is usually measured as the number of oscillations per second or Hertz (Hz). Frequencies that can be heard by a healthy human ear range from approximately 20 Hz to 20,000 Hz. Toward the lower end of this range are low-pitched sounds, including those that might be described as a "rumble" or "boom". At the higher end of the range are high-pitched sounds that might be described as a "screech" or "hiss". 2.1 Environmental Noise Environmental noise generally derives, in part, from a combination of distant noise sources. Such sources may include common experiences such as distant traffic, wind in trees, and distant industrial or farming activities. These distant sources create a low-level "background noise" in which no particular individual source is identifiable. Background noise is often relatively constant from moment to moment but varies slowly from hour to hour as natural forces change or as human activity follows its daily cycle. Superimposed on this low-level, slowly varying background noise is a succession of identifiable noisy events of relatively brief duration. These events may include the passing of single -vehicles, aircraft flyovers, screeching of brakes, and other short-term events. The presence of these short-term events causes the noise level to fluctuate. Detailed acoustical definitions are provided in Appendix A. COMMON OUTDOOR NOISE LEVEL COMMON INDOOR SOUND LEVELS dB (A) SOUND LEVELS 110 Rock Band B-747-200 Takeoff at 2 mi. Gas Lawn Mower at 3 ft. Diesel Truck at 150 ft. DC -9-30 Takeoff at 2 mi. Noisy Urban Daytime B-757 Takeoff at 2 mi. Commercial Area Quiet Urban Daytime Quiet Urban Nighttime Quiet Suburban Nighttime Quiet Rural Nighttime 100 Inside Subway Train (New York) 90 80 70 60 at 3 ft. 50 40 30 20 10 Food Blender at 3 ft. Garbage Disposal at 3 ft. Shouting at 3 ft. Vacuum Cleaner at 10 ft. Normal Speech Large Business Office Dishwasher Next Room Small Theatre, Large Conference Room +. F (Background) Library Bedroom at Nig t Concert Hall (Background Broadcast & Recording Studio 0 Threshold of Hearing Figure 2-1 Typical Indoor and Outdoor Sound Levels Noise Fundamentals 2 Behrens and Associates, Inc. Environmental Noise Control 2.2 Relative Loudness of Environmental Noise Published data exists describing how humans generally respond to changes in relative loudness. Table 2-1, adapted from the Highway Traffic Noise: Analysis and Abatement Guidance (revised December 2011) published by the Federal Highway Administration, shows typical responses to changes in relative loudness. The table describes reductions in noise levels, but the opposite holds true for increases in noise level. Table 2-1 Decibel Changes, Loudness, and Relative Loudnessl Sound Level Change Relative Loudness 0 dB(A) Reference -3 dB(A) Barely Perceptible Change -5 dB(A) Readily Perceptible Change -10 dB(A) Half as Loud -20 dB(A) 1/4 as Loud -30 dB(A) 1/8 as Loud ' Table adapted from FHWA Highway Traffic Noise: Analysis and Abatement Guidance, revised December 2011 Noise Fundamentals 3 Behrens and Associates, Inc. Environmental Noise Control 3. Sound Level Survey N _ 3.1 Survey Procedure Three Type 1 SVANTEK Model 971 sound level meters were deployed at the parcel property lines of the Rock and Rail Kelim Offload Facility and one Type 1 SVANTEK Model 971 was deployed on the north side of 27780 Co Rd 13 to conduct the survey. Each sound level meter conforms to Type 1 as per ANSI S1.4 Specification for Sound Level Meters. The microphones associated with the sound level meters were placed approximately 4 feet above the ground at the locations shown in Figure 1-1. Monitoring Locations 1, 2, and 3 were deployed to assess the ambient and operational sound levels at parcel boundaries and Monitoring Location 4 was deployed to assess the ambient sound levels due to traffic noise from Weld County Road 13 and U.S. Highway 34. Each sound level meter was calibrated before and after the measurement period. The instrumentation details are presented in Table 3-1. Table 3-1 Instrumentation Details Location Instrument Manufacturer/Model Serial Number 1 Sound Level Meter 2 Sound Level Meter 2 Weather Station 3 Sound Level Meter 4 Sound Level Meter SVANTEK 971 Sound Level Meter SVANTEK 971 Sound Level Meter Davis Vantage Vue SVANTEK 971 Sound Level Meter SVANTEK 971 Sound Level Meter 51622 56203 MJ150511037 61564 51600 The sound level meters were deployed on Friday, July 10, 2020 and programmed to continuously monitor and record A -weighted sound levels using the fast setting and audio. Collecting audio data can be helpful in identifying the dominant noise source during a given sound level event for a given measurement location. The meters were retrieved on Tuesday, July 14, 2020. Weather data including temperature, humidity, rainfall, and wind speed were recorded using a Davis Instruments Vantage Vue Model 6250 weather station located adjacent to Location 2. 3.2 Ambient and Operational Sound Level Survey Results The measured sound level data is presented as 15 -minute average A -weighted (Leg dBA) sound levels graphically in Figure 3-1 through Figure 3-17 and in tabular form in Appendix A. The Leg is the equivalent continuous sound level is the steady sound level which over a given period has the same total energy as the fluctuating noise and is also known as the energy average sound level. The A -weighted filter is applied to instrument -measured sound levels in accordance with Colorado Revised Statutes (CRS) 25-12-103. Per CRS 25-12-103, data collected where winds over five (5) miles per hour (mph) are present, are inadmissible. The daytime and nighttime sound level averages in Table 3-2 through Table 3-8 omit the data collected where the wind speed exceeded 5 mph. The Leg values in Figure 3-1 through 3-17 and the tables in Appendix A include all the unfiltered data. Appendix B shows photos of the deployed monitors. Tables 3-2 & 3-3 show the daily ambient Leg levels. Figure 3-1 through 3-9 show the daily ambient Leg levels. Ambient levels are sound levels collected outside of the operational log times provided by Rock and Rail, as shown in Table 3-4. The ambient sound levels measured at Location 1 ranged from a high of 48.2 dBA to a low of 38.7 dBA. The ambient sound levels measured at Location 2 ranged from a high of 48.3 dBA to a low of 39.7 dBA. The ambient sound levels measured at Location 3 ranged from a high of 48.7 dBA to a low of 38.5 dBA. The ambient sound levels measured at Location 4 ranged from a high of 56.4 dBA to a low of 50.2 dBA. A N/A value is displayed if no data was collected with winds under 5 mph. The nighttime ambient levels are in some cases higher than the daytime Sound Level Survey 5 Behrens and Associates, Inc. Environmental Noise Control ambient levels due to the early morning and afternoon traffic activity from Weld County Road 34 and U.S. Highway34. As shown in Figures 3-8 & 3-9, these early morning (nighttime) traffic noise levels start to influence ambient levels as early as 3am, which precedes the operational start-up time for the plant for the duration of the survey. Table 3-4 shows the operational log provided by Rock and Rail, LLC. Tables 3-5 & 3-6 show the daily operational Leq levels. Figure 3-10 through 3-17 show the daily operational Leq levels. Figures 3-10 through 3-17 and Tables 3-5 & 3-6 omit the data collected where the wind speed exceeded 5 mph. Audio files collected during the survey were used to identify sources of elevated noise levels. The reviewed audio files identified trains, train horns, birds chirping in close proximity to the monitors, and traffic from U.S. Highway 34 and Weld County Road 13. In Appendix A, operational 15 -minute Leq with winds over 5 mph is marked with red cells and black text. Birds chirping, traffic, trains, and train horns identified as dominant noise sources have been identified with red text, along with a notes section stating the noise source. A N/A value is displayed if no data was collected with winds under 5 mph, environmental impact, and/or train noise was the main noise source. The operational sound levels measured at Location 1 ranged from a high of 49.5 dBA to a low of 46.0 dBA. The operational sound levels measured at Location 2 ranged from a high of 48.8 dBA to a low of 43.3 dBA. The operational sound levels measured at Location 3 ranged from a high of 48.3 dBA to a low of 39.8 dBA. The operational sound levels measured at Location 4 ranged from a high of 60.1 dBA to a low of 55.1 dBA. A large portion of the operational data collected was at or below ambient levels. Tables 3-6 & 3-7 show the daily overall Leq levels. Day 7/10 — 7/11 Daytime is an Leq from 8am until 7pm, and Day 7/14 Daytime is an Leq from 7am until 8am. The overall sound levels measured at Location 1 ranged from a high of 50.6 dBA to a low of 41.1 dBA. The overall sound levels measured at Location 2 ranged from a high of 51.0 to a low of 41.0 dBA. The overall sound levels measured at Location 3 ranged from a high of 50.3 dBA to a low of 39.2 dBA. The overall sound levels measured at Location 4 ranged from a high of 60.1 dBA to a low of 52.5 dBA. Sound Level Survey 5 Behrens and Associates, Inc. Environmental Noise Control fv _ Table 3-2 Measured Daily Ambient Lea Sound Levels (dBA] Locations 1 & 2 Location 1 Location 2 Day Daytime Leq Ambient Noise Levels Nighttime Leq Noise Ambient Levels Daytime Leq Noise Ambient Levels Nighttime Leq Noise Ambient Levels dBA dBA dBA dBA 7/10 7/11 39.1 44.5 39.7 44.7 7/11 7/12 - 38.7 41.1 40.9 44.3 7/12 7/13 43.5 48.2 41.0 48.3 7/13 7/14 - N/A 48.2 N/A 44.6 Overall Leq 41.4 46.3 40.8 45.8 Table 3-3 Measured Daily Ambient Lea Sound Levels (dBA) Locations 3 & 4 Day Location 3 Location 4 Daytime Leq Noise Ambient Levels Nighttime Leq Noise Ambient Levels Daytime Leq Ambient Noise Levels Nighttime Leq Noise Ambient Levels dBA dBA dBA dBA 7/10 7/11 - 38.5 41.0 53.7 56.4 7/11 7/12 - 39.4 39.2 50.2 53.2 7/12 7/13 43.6 46.0 52.9 55.1 7/13 7/14 - N/A 48.7 N/A 54.0 Overall Leq 41.6 45.2 52.1 54.8 Sound Level Survey 6 Behrens and Associates, Inc. Environmental Noise Control Not Table 3-4 Operational Lo N _ Date 1st ticket time Plant close time 7/10/2020 6:39am 3:54pm 7/11/2020 6:30am 10:34am 7/12/2020 Closed 7/13/2020 6:31 am 4:55pm 7/14/2020 6:25am Table 3-5 Measured Daily Operational Leq Sound Levels (dBA) Locations 1 & 2 Day Location 1 Location 2 Operational Daytime Leq Nighttime Operational Leq Operational Noise Daytime Levels Leq Operational Noise Nighttime Levels Leq Noise Levels Noise Levels dBA dBA dBA dBA 7/10/2020 47.2 N/A 45.7 N/A 7/11/2020 46.0 49.4 43.3 48.8 7/13/2020 46.7 N/A 47.1 N/A 7/14/2020 49.5 N/A 48.7 N/A Overall Leq 46.9 49.4 46.0 48.8 Table 3-6 Measured Daily Operational Le Q Sound Levels (dBA) Locations 3 & 4 Day Location 3 Location 4 Operational Daytime Leq Operational Nighttime Leq Operational Noise Daytime Levels Leq Operational Noise Nighttime Levels Leq Noise Levels Noise Levels dBA dBA dBA dBA 7/10/2020 46.8 N/A 55.3 N/A 7/11/2020 39.8 47.5 55.1 56.4 7/13/2020 46.1 N/A 60.0 60.0 7/14/2020 48.3 47.9 60.1 61.2 Overall Leq 45.8 47.7 57.8 59.9 Sound Level Survey 7 Behrens and Associates, Inc. Environmental Noise Control Table 3-7 Measured Daily Overall Leq Sound Levels (dBA) Locations 1 & 2 Day Location 1 Location 2 Daytime Leq Noise Nighttime Leq Noise Daytime Leq Noise Nighttime Leq Noise Levels Levels Levels Levels dBA dBA dBA dBA 7/10 7/11 - 47.7 45.1 44.8 45.0 7/11 7/12 - 42.6 41.1 41.9 44.3 7/12 7/13 - 43.5 48.9 41.0 48.9 7/13 7/14 - 50.6 48.7 51.0 46.0 7/14 49.5 - 48.7 - Overall Leq 47.1 46.9 46.2 46.4 Table 3-8 Measured Daily Overall Lea Sound Levels (dBA] Locations 3 & 4 Da - y Location 3 Location 4 Daytime Leq Noise Nighttime Leq Noise Daytime Levels Leq Noise Nighttime Levels Leq Noise Levels Levels dBA dBA dBA dBA 7/10 7/ 1 1 - 49.8 41.6 55.0 56.4 7/ 7/ 1 12 1 - 39.5 39.2 52.5 53.2 7/12 7/13 - 43.6 46.6 52.9 55.5 7/13 7/14 - 50.3 48.6 60.0 55.1 7/14 48.3 - 60.1 - Overall Leq 47.5 45.5 56.0 55.1 Sound Level Survey 8 Behrens and Associates, Inc. Environmental Noise Control 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 Q a O. a pO. Oa a 8 O O 0 S O O O 911 ei 00 O N gt tD 00 O el el - vl dBA Wind 2 2 2 2 < pO < pQ Q O 8 8 N et to 00 Q D- 8 O N el I -I ap pa C. 0- O O 8 N vtt0 00 Ambient C NY Q Q Q QC a a O. ppa a a p 8 8 8 8 0 8 0 0 0 0 0 ni 4 ti cc o ri rs a to 00 O et el e-+ M C O c tit Q Qpp pQ2 2 Q Q a app pd pa app a ? pQ Qp pQ 8 O O 8 O O 0 O 0 0 O 3 O O O N Q tD 00 O • N etCO 00 N Co H July 10- July 14, 2020 Figure 3-1 Ambient Measured 15 -Minute Leq Sound Levels Location 1 40 35 I _> 1l) O Sound Level Survey 9 Behrens and Associates, Inc. Environmental Noise Control Ambient dBA Wind 15 70 65 60 SO 45 40 35 30 25 20 15 10 5 A) 2222222-6222 Q a a a a a a Q < Q c Q a a 0000000�S00800 O N N 4 :D 66 O is N 1D 66 O N r-- ri r-1 t/1 ei e--1 2 2 2 2 22 8 J •.L' 2 a 0 O 66 O a O O N 5 vt 2 2 2 2 < < < Q 8888 N 'QC.6 66 2222 <a a a a an. o o 8 O 8 8 0 O N N rt o CO O ry P4 r-1 July 10- July 14, 7020 Mon 13 -Jul <<<<< a a a. a z a Q Q Q 0 0 0 0 0 0 0 0 0 0 4 o 8 o N d 66 O AiN 4 to 60 O N' tO 40 35 10 c U Figure 3-2 Ambient Measured 15 -Minute Leq Sound Levels Location 2 Sound Level Survey 10 Behrens and Associates, Inc. Environmental Norse Control 75 70 65 55 50 45 40 35 30 15 20 15 10 5 0 Q Q a a. a. 8 0 0 0 0 O O O O CO a a a O 8 O .6 00 O a a < 8888 N 4 O fJ0 Q O O O 0. O O e4 a a a o. O.. 88888 Ai tD 00 O e1 Ambient Q dd Q Q 8 8 8 8 dBA Wind < a a a. a. a. O. 8888880 O N N c0 00 O e-/ e1 e1 Mon 13 -Jul a a a a 8 8 8 8 N Q tD 00 O O O 08808 Ai N d tD 00 O July 10- July 14, 2020 Figure 3-3 Ambient Measured 15 -Minute Leq Sound Levels Location 3 2 3 o o.4 co H < < Q 888 N CD 40 25 20a- 2 15 lt) 5 0 Sound Level Survey 11 Behrens and Associates, Inc. Environmental Noise Control Ambient idBA Wind 75 70 65 60 55 50 4S 40 35 30 25 20 15 10 S 2 2 2 2 2 2 2 2 Q 4 a a a a 8 0 0 0 8 0 ao O 4 2 2 2 2 2 2 2 2 2 2 2= 2 2 2 2 2 2 2 2 2 2 2 Q Q Q Q Q a a a. O. a a 4 4 d 4 4 a a a a 0 a 88880000800'88880008000 N Q to 00 O Ai Ai 4 to 00 O 3 N CO O N N 4 t i 00 O e-1 el el Mon 13 -Jul 2 2 2 2 < 4 4 4 0000 Ai 4 to 00 2 2 2 2 2 2 4 d a C. 2 a O O O O O O O O O O O O O O O N N 4 tD OD a e--� July 10 - July 14, 2020 Figure 3-4 Ambient Measured 15 -Minute Leq Sound Levels Location 4 0 2 2 2 < 4 < O O O O N 4 tD 40 15 1l) 0 Sound Level Survey 12 Behrens and Associates, Inc. Environmental Noise Control dBA Sound Level (15 -minute Leq) 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 S Ambient Location 1 Location 2 Location 3 Location 4 Wind 40 35 25 1 0 S Q S Q S d S a i 4 8 8 00 Ci 0 O 0 i Q 0 0 S S rJ i a 8 2 8 i 8 July 10, 2020 8 S 8 a S a 0 do S pa 8 C' S a 0 0 .1 - O O 10 0 Figure 3-5 Ambient Measured 15 -Minute Leq Sound Levels July 10, 2020 Sound Level Survey 13 2 Behrens and Associates, Inc. Environmental Noise Control dBA Sound Level (15 -minute Leq) 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 4 e-1 rV Ambient a Location 1 a 2 Q 2 Q Q2 2 Q a 8 8 8 8 8 8 8 8 e-/ N M N 00 Location 2 Location 3 a 4 a o 0 0 0 o 0 0 9 o .-1 N ri a July 11, 2020 Location 4 Wind a 0 0 m 4 2 un s a 0 8 g S n 00 Cr; d 0 0 0 S 0 40 35 2 20a. 2 15 10 5 0 Figure 3-6 Ambient Measured 1S -Minute Leq Sound Level July 11, 2020 Sound Level Survey 14 Behrens and Associates, Inc. Environmental Noise Control Ambient Location 1 Location 2 location 3 Location 4 Wind dBA Sound Level (15 minute Leq) 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 2 2 2 2 2 2 2 2 2 2 2 2 2 i 2 2 2 4 4 4 4 4 4 4 4 4 4 4 a d a. a. F. a. 0 0 0 8 8 8$ 0 8 0 0 0 8 8 8 8 8 .-t N M 4 to R X; O .-1 Ai .-; Ai M 4 CA e-1 .-1 eel July 12, 2020 2 2 2 2 2 2 a. CI. a. M. a. a. O O O O O O 0 fl 0 0 CC N 3 e O .-4 40 35 30 25 I 20 O- 2 15 10 S 0 Figure 3-7 Ambient Measured 15 -Minute Leq Sound Level July 12, 2020 Sound Level Survey 15 Behrens and Associates, Inc. Environmental Noise Control Ambient Location 1 Location 2Location 3 --Location 4 Wind dBA Sound Level (15•minute Leq) 75 10 65 60 55 50 45 40 30 15 20 15 10 r 1 0 Mon 13 -Jul Q 2 Q c a Q Q Q 8 8 8 8 8 8 8 8 e-1 N m tt 1J1 tJJ ► - 00 Q a a 8 e-1 5 a 5 a a 2 0 00 00 00 0 4 J'; 00 Qr a_ 0 o July 13, 2020 Figure 3-8 Ambient Measured 15 -Minute Leq Sound Level July 13, 2020 40 i5 30 L J 20 Q- S 15 10 5 () S Sound Level Survey 16 Behrens and Associates, Inc. Environmental Noise Control 75 70 65 6O 55 50 45 -J 4! 45 40 C E LA 35 30 25 2O m 15 4 1O 5 lip 0 _. Ambient aLocation 1 2 C 0 0 2 C 0 0 m Location 2 alocation 3 — Location 4 a Wind 2 Q 8 i a 8 ui i a 8 0 40 35 30 25 20 15 1O July 14. 2020 Figure 3-9 Ambient Measured 15 -Minute Leq Sound Level July 14, 2020 5 2 C 8 r Sound Level Survey 17 Behrens and Associates, Inc. Environmental Noise Control Sound Level (15 -minute Leg) 75 70 65 60 S5 50 45 40 35 30 25 20 15 10 2 5 2 < < n. G S d d 88(8888 CO O N el e4 Operational dBA Wind 2 S 2 5 2 2 2 2 4 4 4 4 Q a $88888 N Q O 00 O (5 ry el ep 00 O N e-! el el 8888 a 0 O N 'tt 1/40 00 O C N 4 < 8 < < 4 88 O O N 4 ti 66 el e a IL IZ a 8 8 8 8 2 O 0 N '7 o0 e� Gaps in data are omitted due to code. Refer to Section 3.2 for more information. Mon 13 -Jul 8888 Ai 4 2 2 2 4 4 4 4 4 O O t0 00 O a 0 a O July 10 -July 14, 2020 Figure 3-10 Operational Measured 15 -Minute Leg Sound Levels Location 1 a 0 e a. a o 0 0 tis 00 4/ a a a 8 8 8 N d tD • 40 35 30 25 2C 10 5 0 Sound Level Survey 18 Behrens and Associates, Inc. Environmental Noise Control Operational dBA —Wind 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 A L 88888 N tD CO O ri Gaps in data are omitted due to code. Refer to Section 3.2 for more information. A ppp0 Q Q Q Qp QCI- `i 0 0 0 0 0 7; N 4 tD 00 O N N ry .-4 2 i 5 i 888 tD 00 01Std p 0 Q pppp 0Q QQpp Q d 0 0 0 0 O C N d tC 00 O N el vs ri el N nt to 00 7 0 0 0 Q Q a 8 8p � 8 8 8 8 O g N of t0 00 O N e-1 .-1 2 pa ap a- C O N d t0 a, a 1 0 0 0 eo�888 00 O N 4 ti July 10 -July 14, 2020 Figure 3-11 Operational Measured 15 -Minute Leq Sound Levels Location 2 Sound Level Survey 40 35 30 25 I 20 a- 15 10 5 0 19 Behrens and Associates, Inc. Environmental Noise Control 75 70 65 60 55 50 45 40 35 30 25 70 15 10 A Ail Operational dBA — Wind i 2 i < < Q 888 Gaps in data are omitted due to code. Refer to Section 3.2 for more information. 44/y��/ WV' < < 8 O O O O 66 O N OO. O 00 O N C < < < < < 888800 N 4 t0 66 O CV '-1 .-1 a 0 N as 8 8 to a 0 a O O O Mon 13 -Jul a a a a < 0 0 8 0 0 N 4 tC oo O a a a a a 0 8 8 8 8 N N to oo July 10 - July 14, 2020 Figure 3-12 Operational Measured 15 -Minute Leq Sound Levels Location 3 � Q Q Q Q o p ^' 8 O oO a N Q 40 35 30 10 5 0 Sound Level Survey 20 Behrens and Associates, Inc. Environmental Noise Control 7 C, /l) 65 61) rc so 45 40 35 30 25 20 15 10 5 0 Q 8 a a a a- 0 0 0 0 0 0 000000 N N 4 tD 00 a a. a 4. VI Operational dBA Wind NS I Gaps in data are omitted due to code. Refer to Section 3.2 for more information. • 222222 < < a a < a- O 0 N 88880 N 4 ;Li 00 O a 8 N a- a- a 888 tD 00 Q Q Q a 8888 = N Q tD 00 N act. O O o 0 O a- a 88 NI 4 a a. a; a a a Q 8 8 8 r' 8 8 8 8 CD 00 O C N et tD 00 a a a a a a 088880 N N tD CO O July 10- July 14, 2O2O Figure 3-13 Operational Measured 15 -Minute Leq Sound Levels Location 4 4 a 222 < a Q 8 8 8 N 4 O 40 3S 30 25 20 15 10 5 0 Sound Level Survey 21 Behrens and Associates, Inc. Environmental Noise Control Operatic,: Location 1 Location 2 Location 3 Location 4 Wind dBA Sound Level (15 -minute Leg) 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 Gaps in data are omitted due to code. Refer to Section 3.2 for more information. S 0 0 a S a 0 0 t S a 0 0 ^.i S a 0 0 S a 0 0 S a. 0 0 July 10, 2020 S a S C6 S c x 2 0 S a 0 0 2 a 0 0 40 35 30 25 >0 2 15 10 5 0 Figure 3-14 Operational Measured 15 -Minute Leq Sound Level July 10, 2020 Sound Level Survey 22 Behrens and Associates, Inc. Environmental Noise Control dBA Sound Level (15 -minute Leq) 7c 70 65 60 55 SO 45 40 35 30 25 20 15 10 5 0 Operational alocation 1 i Q 2 2 Q 4 e t 2 2 2 2 Q Q Q Q 8 8 8 8 e-1 N M 2 Q 8 8 8 8 8 tie) tC N 06 ei Location 2 Location 3 Gaps in data are omitted due to code. Refer to Section 3.2 for more information. Q 2 d Location 4 Wind July 11, 2020 2 a 0 0 N 8 8 8 8 0 0 e a--i Al M J" A: 00 a 8 40 35 30 25 2O a- 15 10 5 0 Figure 3-15 Operational Measured 15 -Minute Leq Sound Level July 11, 2020 Sound Level Survey 23 Behrens and Associates, Inc. Environmental Noise Control 75 /0 65 60 55 50 45 J a) S 40 C E ,A 35 1-4 30 J 25 O Q 20 CO 15 10 5 0 Operational Mon 13 -Jul S Q S 2 z < < o o re'i �t Location 1 aisLocation 2 Location 3 location 4 Wind Gaps in data are omitted due to code. Refer to Section 3.2 for more information. 2 2 2 < 2 2 5 5 p p O O C O O S O X11 t47; A. 00 O1 O r-1 N el el el d O a July 13, 2020 a 5 a 2 5 a a. 2 a 2 d 0 O p 0 0 0 0 O S N + 4 U^ .i N OQ O/ 40 35 30 25 20 15 10 5 0 Figure 3-16 Operational Measured 15 -Minute Leq Sound Level July 13, 2020 Sound Level Survey 24 Behrens and Associates, Inc. Environmental Noise Control dBA Sound Level (15 -minute Leq) 1� 70 65 60 55 50 45 40 35 30 75 20 15 10 5 0 Operational Location 1 Location 2 Location 3 Location 4 Wind Gaps in data are omitted due to code. Refer to Section 3.2 for more information. 2 Q 2 Q 2 Q 2 Q 3 d a, 3 H 2 Q 8 .-i 2 Q 8 N 8 m 8 a 8 2 a 0 0 t0 July 14, 2020 Figure 3-17 Operational Measured 15 -Minute Leq Sound Level July 14, 2020 40 35 30 25 10 0- 2 15 10 S 0 8 n Sound Level Survey 25 Behrens and Associates. Inc. Environmental Noise Control 4. Conclusion The purpose of this study was to document the measured ambient and operational sound levels near the Rock and Rail Kelim Offload Facility (40.397911°, -104.939363°) located near Kelim, Colorado. Four sound level meters and a weather station were deployed at the locations shown in Figure 1-1. The meters were deployed on Friday, July 10, 2020 and retrieved on Tuesday, July 14, 2020. The meters were deployed in accordance with the requirements of the Colorado Revised Statute (CRS) 25-12-103. The facility was operational for four out of the five days surveyed with Sunday as a shutdown day representing an uninterrupted ambient period. 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. Three Type 1 SVANTEK Model 971 sound level meters were deployed at the parcel property lines of the Kelim Offload Facility and one Type 1 SVANTEK Model 971 was deployed on the north side of 27780 Co Rd 13 to conduct the survey. Each sound level meter conforms to Type 1 as per ANSI S1.4 Specification for Sound Level Meters. The microphones associated with the sound level meters were placed approximately 4 feet above the ground at the locations shown in Figure 1-1. Monitoring Locations 1, 2, and 3 were deployed to assess the ambient and operational sound levels at parcel boundaries and Monitoring Location 4 was deployed to assess the ambient sound levels due to traffic noise from Weld County Road 13 and U.S. Highway 34. Each sound level meter was calibrated before and after the measurement period. The ambient sound levels measured at Location 1 ranged from a high of 48.2 dBA to a low of 38.7 dBA. The ambient sound levels measured at Location 2 ranged from a high of 48.3 dBA to a low of 39.7 dBA. The ambient sound levels measured at Location 3 ranged from a high of 48.7 dBA to a low of 38.5 dBA. The ambient sound levels measured at Location 4 ranged from a high of 56.4 dBA to a low of 50.2 dBA. A N/A value is displayed if no data was collected with winds under 5 mph. The nighttime ambient levels are in some cases higher than the daytime ambient levels due to the early morning and afternoon traffic activity from Weld County Road 34 and U.S. Highway 34. As shown in Figures 3-8 & 3-9, these early morning (nighttime) traffic noise levels start to influence ambient levels as early as 3am, which precedes the operational start-up time for the plant for the duration of the survey. Audio files collected during the survey were used to identify sources of elevated noise levels. The audio files reviewed identified trains, train horns, birds chirping in close proximity to the monitors, and traffic from U.S. Highway 34 and Weld County Road 13. In Appendix A, operational 15 -minute Leg with winds over 5 mph is marked with red cells and black text. Birds chirping, traffic, trains, and train horns identified as dominant noise sources have been identified with red text, along with a notes section stating the noise source. A N/A value is displayed if no data was collected with winds under 5 mph, environmental impact, and/or train noise was the main noise source. The operational sound levels measured at Location 1 ranged from a high of 49.5 dBA to a low of 46.0 dBA. The operational sound levels measured at Location 2 ranged from a high of 48.8 dBA to a low of 43.3 dBA. The operational sound levels measured at Location 3 ranged from a high of 48.3 dBA to a low of 39.8 dBA. The operational sound levels measured at Location 4 ranged from a high of 60.1 dBA to a low of 55.1 dBA. A large portion of the operational data collected was at or below ambient levels. The overall sound levels measured at Location 1 ranged from a high of 50.6 dBA to a low of 41.1 dBA. The overall sound levels measured at Location 2 ranged from a high of 51.0 to a low of 41.0 dBA. The overall sound levels measured at Location 3 ranged from a high of 50.3 dBA to a low of 39.2 dBA. The overall sound levels measured at Location 4 ranged from a high of 60.1 dBA to a low of 52.5 dBA. Conclusion 26 Behrens and Associates, Inc. _ Environmental Noise Control 1 Appendix A Tables of Measured Sound Pressure Levels Tables of Measured Sound Pressure Levels 27 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 1 - Ambient 15 -Minute Leg 7/10 - 7/11 Time dBA Wind MPII dBA Wind MPH lime 4:15 PM 39 2 1 11:30 PM 45 2 4:30 PM i 35 4 11:45 PM 43 1 4:45 PM 39 3 Sat 11 -Jul 46 1 5:00 PM 38 2 12:15 AM 46 5 5:15 PM 43 3 12:30 AM 46 7 5:30 PM 43 1 12:45 AM 46 7 5:45 PM 40 2 1:00 AM 45 6 6:00 PM 37 3 1:15 AM 43 5 6:15 PM 36 1 1:30 AM 44 4 6:30 PM 34 2 1:45 AM 42 3 6:45 PM 35 0 2:00 AM 42 2 7:00 PM 35 1 2:15 AM 42 2 7:15 PM 33 0 2:30 AM 41 2 7:30 PM 32 0 2:45 AM 42 5 7:45 PM 34 0 3:00 AM 41 5 8:00 PM 41 0 3:15 AM 42 4 8:15 PM 36 1 3:30 AM 43 5 8:30 PM 39 0 3:45 AM 44 2 8:45 PM 40 0 4:00 AM 44 0 9:00 PM 41 0 4:15 AM 43 1 9:15 PM 47 0 4:30 AM 45 1 9:30 PM 45 0 4:45 AM 44 1 9:45 PM 42 1 5:00 AM 45 3 10:00 PM 44 0 5:15 AM 46 4 10:15 PM 47 0 5:30 AM 46 4 10:30 PM 48 0 5:45 AM 46 4 10:45 PM 46 0 6:00 AM 48 3 11:00 PM 45 0 6:15 AM 50 1 11:15PM _ 51 0 Tables of Measured Sound Pressure Levels 28 Behrens and Associates, Inc. Environmental Noise Control vvt N _ Rock and Rail - Kelim Offload Facility l Location 1 - Ambient 15 -Minute Leg 7/11 - 7/12 Time dBA Wind MPH lime dBA Wind MPH 1 1:00 AM 51 0 1 1:30 PM 35 3 11:15 AM 49 0 11:45 PM 35 2 11:30 AM 48 0 Sun 12 -Jul 35 0 11:45 AM 48 i 0 12:15 AM 35 0 12:00 PM 48 0 12:30 AM 36 0 12:15 PM 46 2 12:45 AM 34 0 12:30 PM 47 3 1:00 AM 31 0 12:45 PM 48 3 1:15 AM 31 0 1:00 PM 46 3 1:30 AM 32 0 1:15 PM 46 3 1:45 AM 29 0 1:30 PM 44 2 2:00 AM 30 1 1:45 PM 41 2 2:15 AM 32 0 2:00 PM 50 2 2:30 AM 36 1 2:15 PM 44 2 2:45 AM 37 1 2:30 PM 41 2 3:00 AM 38 2 2:45 PM 37 2 3:15 AM 40 2 3:00 PM I 41 1 3:30 AM 38 3:15 PM 37 1 3:45 AM 41 3 3:30 PM 40 2 4:00 AM 45 3 3:45 PM 38 3 4:15 AM 42 2 4:00 PM 40 3 4:30 AM 41 0 4:15 PM 39 3 4:45 AM 40 1 4:30 PM 34 2 5:00 AM 43 1 4:45 PM 39 2 5:15 AM 43 1 5:00 PM 39 2 5:30 AM 45 1 5:15 PM 34 2 5:45 AM 46 0 5:30 PM 34 2 6:00 AM 45 1 5:45 PM 33 3 6:15 AM 47 2 6:00 PM 33 3 6:30 AM 48 2 6:15 PM 34 2 6:45 AM 46 2 6:30 PM 44 2 7:00 AM 44 3 6:45 PM 41 2 7:15 AM 47 3 7:00 PM 41 2 7:30 AM 46 3 7:15 PM 41 1 7:45 AM 44 3 7:30 PM 41 1 8:00 AM 44 3 7:45 PM 37 1 8:15 AM 45 3 8:00 PM 35 3 8:30 AM 44 3 8:15 PM 45 2 8:45 AM 43 3 8:30 PM 34 1 9:00 AM 44 3 8:45 PM 42 2 9:15 AM 46 3 9:00 PM 37 2 9:30 AM 47 3 9:15 PM 32 3 9:45 AM 47 2 9:30 PM 38 3 10:00 AM 44 1 9:45 PM 31 3 10:15 AM 41 1 10:00 PM 31 3 10:30 AM 42 1 10:15 PM 30 3 10:45 AM 39 1 10:30 PM 31 2 1 1 :00 AM 45 1 10:45 PM 41 1 11:15 AM 44 3 11:00 PM 34 2 11:30 AM 43 4 11:15 PM 37 0 11:45 AM 36 3 Tables of Measured Sound Pressure Levels 29 Behrens and Associates. Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 1 - Ambient 15 -Minute Leq 7/12 - 7/13 Time dBA Wind MPH Time dBA Wind MPH 12:00 PM 40 3 9:15 PM 47 0 12:15 PM 35 3 9:30 PM 39 0 12:30 PM 39 4 9:45 PM 37 1 12:45 PM 41 3 10:00 PM 38 0 1:00 PM 41 1 10:15 PM 39 0 1:15 PM 37 1 10:30 PM 41 1 1:30 PM 41 1 10:45 PM 40 1 1:45 PM 42 1 11:00 PM 35 1 2:00 PM 48 4 11:15 PM 36 1 2:15 PM 48 6 11:30 PM 39 2 2:30 PM 47 7 11:45 PM 32 1 2:45 PM 54 8 Mon 13 -Jul 53 1 3:00 PM 45 8 12:15 AM 49 2 3:15 PM 43 5 12:30 AM 33 1 3:30 PM 41 6 12:45 AM 33 0 3:45 PM 43 5 1:00 AM 33 0 4:00 PM 47 7 1:15 AM 34 0 4:15 PM 49 9 1:30 AM 33 0 4:30 PM 47 9 1:45 AM 29 0 4:45 PM 48 8 2:00 AM 30 0 5:00 PM 46 8 2:15 AM 32 0 5:15 PM 40 7 2:30 AM 34 1 5:30 PM 43 6 2:45 AM 34 1 5:45 PM 44 7 3:00 AM 34 , 0 6:00 PM 40 6 3:15 AM 36 0 6:15 PM 42 6 3:30 AM 37 0 6:30 PM 41 7 3:45 AM 41 0 6:45 PM 40 4 4:00 AM 42 0 7:00 PM 45 2 4:15 AM 46 2 7:15 PM 43 0 4:30 AM 47 3 7:30 PM 45 0 4:45 AM 51 1 7:45 PM 46 0 5:00 AM 52 1 8:00 PM 57 6 5:15 AM 54 2 8:15 PM 50 9 5:30 AM 54 0 8:30 PM 48 6 5:45 AM 56 ' 0 8:45 PM 48 5 6:00 AM 56 0 9:00 PM 49 3 6:15 AM 56 0 Tables of Measured Sound Pressure Levels 30 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 1 - Ambient 15 -Minute Leq 7/14/2020 Time dBA Wind MPII lime dBA Wind MPII 5:15 PM 57 9 11:45 PM 38 1 5:30 PM 53 9 Tue 14 -Jul 33 1 5:45 PM 56 9 12:15 AM 32 1 6:00 PM 52 8 12:30 AM 36 1 6:15 PM 51 8 12:45 AM 43 2 6:30 PM 52 10 1:00 AM 44 3 6:45 PM 53 8 1:15 AM 44 2 7:00 PM 52 8 1:30 AM 40 1 7:15 PM 56 5 1:45 AM 41 3 7:30 PM 50 3 2:00 AM 40 4 7:45 PM 54 2 2:15 AM 42 4 8:00 PM 50 2 2:30 AM 40 2 8:15 PM 41 3 2:45 AM 41 4 8:30 PM 43 5 3:00 AM 41 4 8:45 PM 40 5 3:15 AM 41 3 9:00 PM 34 4 3:30 AM 42 3 9:15 PM 33 2 3:45 AM 46 1 9:30 PM 39 2 4:00 AM 53 0 I 9:45 PM 38 1 4:15 AM 50 2 10:00 PM 40 0 4:30 AM 48 6 10:15 PM 39 2 4:45 AM 49 4 10:30 PM 39 5 5:00 AM 49 4 10:45 PM 38 3 5:15 AM 50 4 11:00 PM 38 2 5:30 AM 51 4 11:15 PM 38 3 5:45 AM 54 3 11:30 PM 38 3 6:00 AM 60 3 Tables of Measured Sound Pressure Levels 31 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility I Location 2 - Ambient 15 -Minute Leq 7/10 - 7/11 Time dBA Wind MPH lime dBA Wind MPH 4:15 PM 43 2 11:30 PM 44 2 4:30 PM 35 4 11:45 PM 43 1 4:45 PM 39 3 Sat 11 -Jul 46 1 5:00 PM 38 2 12:15 AM 48 5 5:15 PM 38 3 12:30 AM 47 7 5:30 PM 41 i 1 12:45 AM 46 7 5:45 PM 41 2 1:00 AM 45 6 6:00 PM 40 3 1:15 AM 43 5 6:15 PM 39 1 1:30 AM 44 4 6:30 PM 38 2 1:45 AM 40 3 6:45 PM 39 0 2:00 AM 40 2 7:00 PM 39 1 2:15 AM 41 2 7:15 PM 34 0 2:30 AM 42 2 7:30 PM 34 0 2:45 AM 42 5 7:45 PM 35 0 3:00 AM 42 5 8:00 PM 40 0 3:15 AM 42 4 8:15 PM 37 1 3:30 AM 43 5 8:30 PM 40 0 3:45 AM 44 2 8:45 PM 40 0 4:00 AM 44 0 9:00 PM 40 0 4:15 AM 43 1 9:15 PM 45 0 4:30 AM 46 1 9:30 PM 45 0 4:45 AM 45 1 9:45 PM 42 1 5:00 AM 46 3 10:00 PM 44 0 5:15 AM 47 4 10:15 PM 47 0 5:30 AM 48 4 10:30 PM 48 0 5:45 AM 47 4 10:45 PM 47 0 6:00 AM 48 3 11:00 PM 46 0 6:15 AM 50 1 11:15 PM 49 0 Tables of Measured Sound Pressure Levels 32 Behrens and Associates, Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility I Location 2 - Ambient 15 -Minute Leg 7/11 - 7/12 Time dBA Wind MPH lime dBA Wind MPH , 11:00 AM 50 0 11:30 PM 36 3 11:15 AM 47 0 11:45 PM 36 2 11:30 AM 47 0 Sun 12 -Jul 37 0 11:45 AM 44 0 12:15 AM 36 0 12:00 PM 46 0 12:30 AM 35 0 12:15 PM 44 2 12:45 AM 34 0 12:30 PM 44 3 1:00 AM 32 0 12:45 PM 45 3 1:15 AM 32 0 1:00 PM 44 i 3 1:30 AM 32 0 1:15 PM 42 3 1:45 AM 30 0 1:30 PM 41 2 2:00 AM 30 1 1:45 PM 40 2 2:15 AM 32 0 2:00 PM 43 2 2:30 AM 35 1 2:15 PM 40 2 2:45 AM 36 1 2:30 PM 39 2 3:00 AM 39 2 2:45 PM 36 2 3:15 AM 40 2 3:00 PM 39 1 3:30 AM 39 2 3:15 PM 45 1 _ 3:45 AM 42 3 3:30 PM 42 2 4:00 AM 45 3 3:45 PM 40 3 4:15 AM 42 2 4:00 PM 39 3 4:30 AM 44 0 4:15 PM 39 3 4:45 AM 43 1 4:30 PM 34 2 5:00 AM 44 1 4:45 PM 34 2 5:15 AM 45 1 5:00 PM 36 2 5:30 AM 51 1 5:15 PM 39 2 5:45 AM 53 0 I 5:30 PM 36 2 6:00 AM 54 1 5:45 PM 36 3 6:15 AM 49 2 6:00 PM 35 3 6:30 AM 50 2 6:15 PM 35 2 6:45 AM 46 2 6:30 PM 44 2 7:00 AM 43 3 6:45 PM 41 2 7:15 AM 43 3 7:00 PM 38 2 7:30 AM 43 3 7:15 PM 46 1 7:45 AM 42 3 7:30 PM 46 1 8:00 AM 42 3 7:45 PM 44 1 8:15 AM 42 3 8:00 PM 38 3 8:30 AM 42 3 8:15 PM 51 2 8:45 AM 41 3 8:30 PM 38 1 9:00 AM 42 3 8:45 PM 43 2 9:15 AM 42 3 9:00 PM 34 2 9:30 AM 38 3 9:15 PM 33 3 9:45 AM 41 2 9:30 PM 39 3 10:00 AM 39 1 9:45 PM 33 3 10:15 AM 36 1 10:00 PM 34 3 10:30 AM 36 1 10:15 PM 32 3 10:45 AM 37 1 10:30 PM 35 2 11:00 AM 35 1 10:45 PM 33 1 11:15 AM 35 3 11:00 PM 34 2 11:30 AM 43 4 11:15 PM 34 0 11:45 AM 36 3 Tables of Measured Sound Pressure Levels 33 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 2 - Ambient 15 -Minute Leq 7/12 - 7/13 Time dBA Wind MPH Time dBA Wind MPH 12:00 PM 40 3 9:15 PM 45 0 12:15 PM 35 3 9:30 PM 38 0 12:30 PM 39 4 9:45 PM 37 1 12:45 PM 33 3 10:00 PM 38 0 1:00 PM 34 1 10:15 PM 38 0 1:15 PM 36 1 10:30 PM 40 1 1:30 PM 39 1 10:45 PM 38 1 1:45 PM 41 1 11:00 PM 36 1 2:00 PM 48 4 11:15 PM 35 1 2:15 PM 48 6 11:30 PM 37 2 2:30 PM 48 7 11:45 PM 32 1 2:45 PM 52 8 I Mon 13 -Jul 47 1 3:00 PM 47 8 12:15 AM 51 2 3:15 PM 42 5 12:30 AM 33 1 3:30 PM 45 6 12:45 AM 33 0 3:45 PM 46 5 1:00 AM 31 0 4:00 PM 51 7 1:15 AM 31 0 4:15 PM 52 9 1:30 AM 31 0 4:30 PM 51 i 9 1:45 AM 30 0 4:45 PM 50 8 2:00 AM 30 0 5:00 PM 47 8 2:15 AM I 33 0 5:15 PM 43 7 2:30 AM 35 1 5:30 PM 45 6 2:45 AM 35 1 5:45 PM 45 7 3:00 AM 34 0 6:00 PM 42 6 3:15 AM 45 0 6:15 PM 45 , 6 3:30 AM 38 0 6:30 PM 44 7 3:45 AM 41 0 6:45 PM 40 4 4:00 AM 43 0 7:00 PM 42 2 4:15 AM 47 2 7:15 PM 43 0 4:30 AM 48 3 7:30 PM 45 0 4:45 AM 51 1 7:45 PM 46 0 5:00 AM 53 1 8:00 PM 56 6 5:15 AM 54 2 8:15 PM 51 9 5:30 AM 55 0 8:30 PM 48 6 5:45 AM 57 0 8:45 PM 47 5 6:00 AM 56 0 9:00 PM 49 3 6:15 AM 55 0 Tables of Measured Sound Pressure Levels 34 Behrens and Associates, Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility Location 2 - Ambient 15 -Minute Leq 7/14/2020 Time dBA Wind MPH dBA Wind MPH Time 5:15 PM 55 9 11:45 PM 38 1 5:30 PM 52 9 Tue 14 -Jul 33 1 5:45 PM 55 9 12:15 AM 32 1 6:00 PM 53 8 12:30 AM 38 1 6:15 PM 54 8 12:45 AM 43 2 6:30 PM 55 10 1:00 AM 44 3 6:45 PM 53 8 1:15 AM 42 2 7:00 PM 50 8 1:30 AM 40 1 7:15 PM 46 5 1:45 AM 42 3 7:30 PM 43 3 2:00 AM 41 4 7:45 PM 43 2 2:15 AM 42 4 8:00 PM 42 2 2:30 AM 40 2 8:15 PM 40 3 2:45 AM 40 4 8:30 PM 43 5 3:00 AM 41 4 8:45 PM 39 5 3:15 AM 41 3 9:00 PM 36 4 3:30 AM 43 3 9:15 PM 37 2 3:45 AM 46 1 9:30 PM 40 2 4:00 AM 50 0 9:45 PM 40 1 4:15 AM 50 2 10:00 PM 39 0 4:30 AM 48 6 10:15 PM 38 2 4:45 AM 49 4 10:30 PM 39 5 5:00 AM 49 4 10:45 PM 38 3 5:15 AM 50 4 11:00 PM 39 2 5:30 AM 51 4 11:15 PM 39 3 5:45 AM 51 3 11:30 PM 39 _ 3 6:00 AM 51 3 Tables of Measured Sound Pressure Levels 35 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 3 -Ambient 15 -Minute Leg?/10-7/11 Time dBA Wind MPH "lime dBA Wind MPH 4:15 PM 37 2 11:30 PM 40 2 4:30 PM 39 i 4 11:45 PM 41 1 4:45 PM 41 3 Sat 11 -Jul 40 1 5:00 PM 40 2 12:15 AM 50 5 5:15 PM 39 3 12:30 AM 51 7 5:30 PM 38 1 12:45 AM 49 7 5:45 PM 39 2 1:00 AM 48 I 6 6:00 PM 36 3 1:15 AM 45 5 6:15 PM 35 1 1:30 AM 44 4 6:30 PM 37 2 1:45 AM 37 3 6:45 PM 37 0 2:00 AM 36 2 7:00 PM 35 1 2:15 AM 36 2 7:15 PM 34 0 2:30 AM 36 2 7:30 PM 36 0 2:45 AM 39 5 7:45 PM 38 0 3:00 AM 39 5 8:00 PM 39 0 3:15 AM 39 4 8:15 PM 37 1 3:30 AM 37 5 8:30 PM 41 0 3:45 AM 39 2 8:45 PM 37 0 4:00 AM 39 0 9:00 PM 38 0 4:15 AM 39 1 9:15 PM 38 0 4:30 AM 41 1 9:30 PM 41 0 4:45 AM 41 1 9:45 PM 37 1 5:00 AM 41 3 10:00 PM 39 0 5:15 AM 42 4 10:15 PM 40 0 5:30 AM 43 4 10:30 PM 40 0 5:45 AM 42 4 10:45 PM 46 0 6:00 AM 43 3 11:00 PM 48 0 6:15 AM 45 _ 1 11:15 PM 44 0 Tables of Measured Sound Pressure Levels 36 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility 1 Location 3 - Ambient 15 -Minute Leq 7/11 - 7/12 Time dBA Wind MPH lime dBA Wind MPH 11:00 AM 47 0 11:30 PM 36 3 11:15AM AM 48 0 11:45 PM 40 2 11:30 AM 44 0 Sun 12 -Jul 40 0 11:45 AM 43 0 12:15 AM 33 0 12:00 PM 42 0 12:30 AM 36 0 12:15 PM 39 2 12:45 AM 35 0 12:30 PM 40 3 1:00 AM 36 0 12:45 PM 40 3 1:15 AM 31 0 1:00 PM 39 3 1:30 AM 32 0 1:15 PM 37 3 1:45 AM 31 0 1:30 PM 35 2 2:00 AM 31 1 1:45 PM 35 2 2:15 AM 33 0 2:00 PM 43 2 2:30 AM 34 1 2:15 PM 38 2 2:45 AM 33 1 2:30 PM 36 2 3:00 AM 35 2 2:45 PM 35 2 3:15 AM 36 2 3:00 PM 39 1 3:30 AM 36 2 3:15 PM 35 1 3:45 AM 35 3 3:30 PM 41 2 4:00 AM 35 3 3:45 PM 36 3 4:15 AM 40 2 4:00 PM 40 3 4:30 AM 38 0 4:15 PM 48 3 4:45 AM 38 1 4:30 PM 48 2 5:00 AM 40 1 4:45 PM 33 2 5:15 AM 40 1 5:00 PM 33 2 5:30 AM 42 1 5:15 PM 33 2 5:45 AM 44 0 5:30 PM 34 2 6:00 AM 41 1 5:45 PM 33 3 6:15 AM 45 2 6:00 PM 31 3 6:30 AM 46 2 6:15 PM 33 2 6:45 AM 44 2 6:30 PM 39 2 7:00 AM 41 3 6:45 PM 39 2 7:15 AM 40 3 7:00 PM 35 2 7:30 AM 39 3 7:15 PM 38 1 7:45 AM 40 3 I 7:30 PM 35 1 8:00 AM 39 3 7:45 PM 35 1 8:15 AM 40 3 8:00 PM 34 3 8:30 AM 38 3 8:15 PM 42 2 8:45 AM 39 3 8:30 PM 41 1 9:00 AM 40 3 8:45 PM 42 2 9:15 AM 41 3 9:00 PM 33 2 9:30 AM 36 3 9:15 PM 34 3 9:45 AM 56 2 9:30 PM 36 3 10:00 AM 41 1 9:45 PM 32 3 10:15 AM 34 1 10:00 PM 32 3 10:30 AM 37 1 10:15 PM 33 3 10:45 AM 36 1 10:30 PM 33 2 11:00 AM 36 1 10:45 PM 41 1 11:15 AM 35 3 11:00 PM 35 2 11:30 AM 42 4 11:15 PM 34 0 11:45 AM 36 3 Tables of Measured Sound Pressure Levels 37 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility l Location 3 - Ambient 15 -Minute Leg 7/12 - 7/13 dBA Wind MPH lime dBA Wind MPH Time 12:00 PM 40 3 9:15 PM 41 0 12:15 PM 43 3 9:30 PM 40 0 I 12:30 PM I 40 4 9:45 PM 38 1 12:45 PM 38 3 10:00 PM 38 0 1:00 PM 38 1 10:15 PM 37 0 1:15 PM 40 1 10:30 PM 38 1 1:30 PM 42 1 10:45 PM 34 1 1:45 PM 37 1 11:00 PM 34 1 2:00 PM 49 4 11:15 PM 34 1 2:15 PM 49 6 11:30 PM 37 2 2:30 PM 46 7 11:45 PM 31 1 2:45 PM 66 i 8 Mon 13 -Jul 32 1 3:00 PM 54 8 12:15 AM 60 2 3:15 PM 42 I 5 r 12:30 AM 37 1 I 3:30 PM 51 6 12:45 AM 31 0 3:45 PM 44 5 1:00 AM 30 0 4:00 PM 50 7 1:15 AM 32 0 4:15 PM 50 9 1:30 AM 33 0 4:30 PM 50 9 1:45 AM 31 0 4:45 PM 49 8 r 2:00 AM 37 0 5:00 PM I 46 8 2:15 AM 35 0 5:15 PM 42 7 2:30 AM 34 1 5:30 PM 41 6 2:45 AM 36 1 5:45 PM 42 7 3:00 AM 36 0 6:00 PM 40 6 3:15 AM 33 0 6:15 PM 45 6 3:30 AM 35 0 6:30 PM 44 7 3:45 AM 38 0 6:45 PM 43 4 4:00 AM 37 0 7:00 PM 39 2 4:15 AM 37 2 I 7:15 PM 40 0 4:30 AM 39 3 7:30 PM 42 I 0 4:45 AM 40 1 7:45 PM 40 0 5:00 AM 41 1 8:00 PM 57 6 5:15 AM 45 2 I 8:15 PM ir 50 9 5:30 AM 47 0 8:30 PM 46 6 5:45 AM 48 0 8:45 PM 43 5 6:00 AM 50 0 9:00 PM _ 43 _ 3 6:15 AM 51 0 Tables of Measured Sound Pressure Levels 38 Behrens and Associates. Inc. Environmental Noise Control fv _ Rock and Rail - Kelim Offload Facility I Location 3 - Ambient 15 -Minute Leq 7/14/2020 Time dBA lime dBA Wind MPHI W i i d MPI I 5:15 PM 54 9 11:45 PM 37 1 I 5:30 PM 54 9 Tue 14 -Jul 34 1 5:45 PM 59 9 12:15 AM 33 1 6:00 PM 56 8 12:30 AM 36 1 6:15 PM 57 8 12:45 AM 38 2 6:30 PM 59 10 1:00 AM 39 3 6:45 PM 60 8 1:15 AM 37 2 7:00 PM 52 8 1:30 AM 36 1 7:15 PM 50 5 1:45 AM 39 3 7:30 PM 39 3 2:00 AM 43 4 7:45 PM 40 2 2:15 AM 40 4 8:00 PM 39 2 2:30 AM 38 2 8:15 PM 38 3 2:45 AM 37 4 8:30 PM 42 5 3:00 AM 38 4 8:45 PM 35 5 3:15 AM 39 3 9:00 PM 34 4 3:30 AM 40 3 9:15 PM 35 2 3:45 AM 41 1 9:30 PM 39 2 4:00 AM 63 0 9:45 PM 34 1 4:15 AM 59 2 10:00 PM 33 0 4:30 AM 45 6 10:15 PM 34 2 4:45 AM 46 4 10:30 PM 36 5 5:00 AM 43 4 10:45 PM 38 3 5:15 AM 44 4 11:00 PM 39 2 I 5:30 AM 45 4 11:15 PM 38 3 5:45 AM 48 3 11:30 PM 36 3 6:00 AM 47 3 Tables of Measured Sound Pressure Levels 39 Behrens and Associates. Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility 1 Location 4 - Ambient 15 -Minute Leq 7/10 - 7/11 dBA Wind MPII lime dBA Wind MPH Time 4:15 PM 54 2 11:30 PM 53 2 4:30 PM 52 4 11:45 PM 54 1 4:45 PM 54 3 Sat 11 -Jul 55 1 5:00 PM 53 2 12:15 AM 59 5 5:15 PM 53 3 12:30 AM 58 7 5:30 PM 53 1 12:45 AM 56 7 5:45 PM 55 2 1:00 AM 55 6 6:00 PM 55 3 1:15 AM 54 5 6:15 PM 54 1 1:30 AM 55 4 6:30 PM 54 2 1:45 AM 52 3 6:45 PM 53 0 2:00 AM 51 2 7:00 PM 52 1 2:15 AM 51 2 7:15 PM 51 0 2:30 AM 52 2 7:30 PM 51 0 2:45 AM 54 5 7:45 PM 53 0 3:00 AM 54 5 8:00 PM 55 0 3:15 AM 54 4 8:15 PM 58 1 3:30 AM 53 5 8:30 PM 56 0 3:45 AM 54 2 8:45 PM 56 0 4:00 AM 53 0 9:00 PM 57 0 4:15 AM 52 1 9:15 PM 63 0 4:30 AM 55 1 9:30 PM 57 0 4:45 AM 55 1 9:45 PM 58 1 5:00 AM 55 3 10:00 PM 59 0 5:15 AM 56 4 10:15 PM 60 0 5:30 AM 58 4 10:30 PM 60 0 5:45 AM 57 4 10:45 PM 56 0 6:00 AM 59 3 11:00 PM 60 0 6:15 AM _ 59 1 11:15 PM 57 0 Tables of Measured Sound Pressure Levels 40 Behrens and Associates, Inc. Environmental Noise Control 1 N _ Rock and Rail - kelim Offload Facility Location 4 - Ambient 15 -Minute Leq 7/11 - 7/12 Time dBA Wind MPH lime dBA Wind MPH 11:00 AM 56 0 11:30 PM 51 3 11:15AM AM 56 0 11:45 PM 51 2 11:30 AM 55 0 Sun 12 -Jul 51 0 11:45 AM 55 0 12:15 AM 51 0 12:00 PM 56 0 12:30 AM 51 0 12:15 PM 57 2 12:45 AM 50 0 12:30 PM 57 3 1:00 AM 45 0 12:45 PM 59 I 3 1:15 AM 43 0 1:00 PM 57 3 1:30 AM 49 0 1:15 PM 55 3 1:45 AM 46 0 1:30 PM 53 2 2:00 AM 45 1 1:45 PM 57 2 2:15 AM 46 0 2:00 PM 52 2 2:30 AM 49 1 2:15 PM r 52 2 2:45 AM 52 1 2:30 PM 52 2 3:00 AM 51 2 2:45 PM 51 2 3:15 AM 51 2 3:00 PM 52 1 3:30 AM 49 2 3:15 PM 50 1 3:45 AM 52 3 3:30 PM 49 2 4:00 AM 53 3 3:45 PM 50 3 4:15 AM 52 2 4:00 PM 49 3 4:30 AM 54 0 4:15 PM i 48 3 4:45 AM 54 1 4:30 PM 51 2 5:00 AM 56 1 4:45 PM 50 2 5:15 AM 57 1 5:00 PM 49 2 5:30 AM 58 1 5:15 PM 48 2 5:45 AM 58 0 5:30 PM r 49 2 6:00 AM 57 1 5:45 PM 47 3 6:15 AM 58 2 6:00 PM 49 3 6:30 AM 57 2 6:15 PM 49 2 6:45 AM 55 2 6:30 PM 53 2 7:00 AM 55 3 6:45 PM 53 2 7:15 AM 55 3 7:00 PM 55 2 7:30 AM 55 3 7:15 PM i 51 1 7:45 AM 55 3 7:30 PM 52 1 8:00 AM 55 3 7:45 PM 50 1 8:15 AM 52 3 8:00 PM 48 3 8:30 AM 52 3 8:15 PM 53 2 8:45 AM 53 3 8:30 PM 50 1 9:00 AM 53 3 8:45 PM 49 2 9:15 AM 53 3 9:00 PM 49 2 9:30 AM 50 3 9:15 PM 48 3 9:45 AM 51 2 9:30 PM 49 3 10:00 AM 50 1 9:45 PM 49 3 10:15 AM 50 1 10:00 PM 48 3 10:30 AM 49 1 10:15 PM 47 3 10:45 AM 49 1 10:30 PM 50 2 11:00 AM 48 1 10:45 PM 47 1 11:15 AM 50 3 11:00 PM 50 2 11:30 AM 50 4 11:15 PM 50 0 11:45 AM 50 3 Tables of Measured Sound Pressure Levels 41 Behrens and Associates, Inc. Environmental Noise Control Nvy N _ Rock and Rail - Kelim Offload Facility Location 4 - Ambient 1.5 -Minute Leq 7/12 - 7/13 Time dBA Wind MPII dBA Wind MPH lime I 12:00 PM 49 3 9:15 PM 56 0 12:15 PM 48 3 9:30 PM 54 0 12:30 PM 49 4 9:45 PM 49 1 12:45 PM 56 3 10:00 PM 48 0 1:00 PM 48 1 10:15 PM 48 0 1:15 PM 47 1 10:30 PM 49 1 1:30 PM 49 1 10:45 PM 51 1 1:45 PM 51 1 11:00 PM 47 1 2:00 PM 61 4 11:15 PM 48 1 2:15 PM 59 6 11:30 PM 49 2 2:30 PM 56 7 11:45 PM 48 1 2:45 PM 56 8 Mon 13 -Jul 52 1 3:00 PM 55 8 12:15 AM 48 2 3:15 PM 54 5 12:30 AM 46 1 3:30 PM 53 6 12:45 AM 44 0 3:45 PM 51 5 1:00 AM 43 0 4:00 PM 50 7 1:15 AM 43 0 4:15 PM 49 9 1:30 AM 43 0 4:30 PM 50 9 1:45 AM 44 0 4:45 PM 51 8 2:00 AM 44 0 5:00 PM 51 8 2:15 AM 47 0 5:15 PM 51 7 2:30 AM 47 1 5:30 PM 49 6 2:45 AM 48 1 5:45 PM 49 7 3:00 AM 47 0 6:00 PM 49 6 3:15 AM 49 0 6:15 PM 50 6 3:30 AM 53 0 6:30 PM 51 7 3:45 AM 52 0 6:45 PM 51 4 4:00 AM 54 0 7:00 PM 52 2 4:15 AM 56 2 7:15 PM 53 0 4:30 AM 58 3 7:30 PM 55 0 4:45 AM 58 1 7:45 PM 57 0 5:00 AM 60 1 8:00 PM 65 6 5:15 AM 62 2 8:15 PM 60 9 5:30 AM 62 0 8:30 PM 58 6 5:45 AM 61 0 8:45 PM 58 5 6:00 AM 60 0 9:00 PM 57 3 6:15 AM 59 0 Tables of Measured Sound Pressure Levels 42 Behrens and Associates. Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility I Location 4 - Ambient 15 -Minute Leq 7/14/2020 lime dBA Wind MPII "lime dBA Wind MPH 5:15 PM 64 9 11:45 PM 47 1 5:30 PM 64 9 Tue 14 -Jul 48 1 5:45 PM , 66 9 12:15 AM 47 1 6:00 PM 67 8 12:30 AM 49 1 6:15 PM 67 8 12:45 AM 53 2 6:30 PM 69 10 1:00 AM 51 3 6:45 PM 69 8 1:15 AM 52 2 7:00 PM 63 8 1:30 AM 51 1 7:15 PM 57 5 1:45 AM 52 3 7:30 PM 52 3 2:00 AM 52 4 7:45 PM 52 2 2:15 AM 53 4 8:00 PM 48 2 2:30 AM 54 2 8:15 PM 52 3 2:45 AM 53 4 8:30 PM 51 5 3:00 AM 54 4 8:45 PM 46 5 3:15 AM 55 3 9:00 PM 46 4 3:30 AM 56 3 9:15 PM 46 2 3:45 AM 55 1 9:30 PM 47 2 4:00 AM 55 0 9:45 PM 47 1 4:15 AM 56 2 10:00 PM 48 0 4:30 AM 58 6 10:15 PM 45 2 4:45 AM 59 4 10:30 PM 44 5 5:00 AM 58 4 10:45 PM 44 3 5:15 AM 60 4 11:00 PM 46 2 5:30 AM 61 4 11:15 PM 46 3 5:45 AM 59 3 11:30 PM _ 45 _ 3 6:00 AM 61 3 Tables of Measured Sound Pressure Levels 43 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 1 - Operational 15 -Minute Lech 7/10/2020 "lime dBA Wind MPH Notes 8:00 AM 47 3 8:15 AM 49 2 8:30 AM 45 2 8:45 AM 43 2 9:00 AM 54 1 9:15 AM 43 I 1 9:30 AM 42 0 9:45 AM 45 1 10:00 AM 47 2 10:15 AM 44 2 10:30 AM 44 2 10:45 AM 44 2 11:00 AM 45 3 11:15 AM 46 3 11:30 AM 46 3 11:45 AM 49 2 12:00 PM 54 1 12:15 PM 57 2 Allowable 12:30 PM 55 3 12:45 PM . 48 4 1:00 PM 51 4 1:15 PM 49 4 1:30 PM 47 3 1:45 PM 49 3 2:00 PM 47 3 2:15 PM 47 3 2:30 PM 46 2 2:45 PM 38 3 3:00 PM 35 1 3:15 PM 34 3 3:30 PM 34 1 3:45 PM I 41 2 4:00 PM 40 _ 2 Tables of Measured Sound Pressure Levels 44 Behrens and Associates. Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 1 - Operational 15 -Minute Leg 7/11/2020 Time I dBA Wind Notes 6:30 AM 51 0 Train/Birds 6:45 AM 49 0 7:00 AM 48 0 7:15 AM 48 0 7:30 AM 48 0 7:45 AM 46 2 8:00 AM 47 3 8:15 AM 48 3 8:30 AM 46 3 8:45 AM 46 3 9:00 AM 44 2 9:15 AM 41 2 9:30 AM 50 2 9:45 AM 44 2 10:00 AM 41 2 10:15 AM 37 2 10:30 AM 41 1 10:45 AM _ 37 _ 1 Tables of Measured Sound Pressure Levels 45 Behrens and Associates. Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility Location 1 - Operational 15 -Minute Leq 7/13/2020 Time dBA Wind Notes 6:30 AM 55 0 Traffic 6:45 AM 55 0 Traffic 7:00 AM 54 0 7:15 AM 58 1 Train 7:30 AM 52 0 7:45 AM 52 1 8:00 AM 51 8 8:15 AM 49 3 8:30 AM 50 2 8:45 AM 52 1 9:00 AM 60 1 Train 9:15 AM 57 2 Train 9:30 AM 49 2 9:45 AM 44 3 10:00 AM 45 4 10:15 AM 44 4 10:30 AM 44 4 10:45 AM 43 3 11:00 AM 41 2 11:15 AM 42 1 11:30 AM 42 2 11:45 AM 38 3 12:00 PM 39 4 12:15 PM 40 4 12:30 PM 40 5 12:45 PM 41 4 1:00 PM 47 7 1:15 PM 43 6 1:30 PM 48 7 1:45 PM 52 7 2:00 PM 47 4 2:15 PM 37 1 2:30 PM 34 2 2:45 PM 42 2 3:00 PM 39 4 3:15 PM 44 5 3:30 PM 39 4 3:45 PM 38 2 4:00 PM 41 1 4:30 PM 52 8 4:45 PM 53 7 5:00 PM 53 8 Tables of Measured Sound Pressure Levels 46 Behrens and Associates. Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility I Location 1 - Operational 15 -Minute Leq 7/14/2020 Time dBA Wind Notes 6:15 AM 52 ? Traffic/Birds 6:30 AM 5.3 ? Traffic/Birds 6:45 AM 53 1 Traffic/Birds 7:00 AM 49 1 7:15 AM 50 5 7:30 AM 54 6 7:45 AM 50 6 _ Tables of Measured Sound Pressure Levels 47 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 2 - Operational 15 -Minute Leg 7/10/2020 Time dBA Wind Notes 8:00 AM 44 3 8:15 AM 48 2 8:30 AM 42 2 8:45 AM 39 2 9:00 AM 50 1 9:15 AM 41 1 9:30 AM 40 0 9:45 AM 43 1 10:00 AM 46 2 10:15 AM 49 2 10:30 AM 43 2 10:45 AM 43 2 11:00 AM 42 3 11:15AM 46 3 11:30 AM 46 3 11:45 AM 46 2 12:00 PM 48 1 12:15 PM 49 2 12:30 PM 50 3 12:45 PM 46 r 4 1:00 PM 49 4 1:15 PM 49 4 1:30 PM i 47 3 1:45 PM 49 3 2:00 PM 46 3 2:15 PM 42 3 2:30 PM 43 2 2:45 PM 36 3 3:00 PM 35 1 3:15 PM 34 3 3:30 PM 36 1 3:45 PM 36 2 4:00 PM 38 _ 2 Tables of Measured Sound Pressure Levels 48 Behrens and Associates, Inc. Environmental Noise Control NAt Rock and Rail - Kelim Offload Facility Location 2 - Operational 15 -Minute Leq 7/11/2020i Notes lime dBA Wind 6:30 AM 50 0 6:45 AM 47 0 7:00 AM 47 0 7:15 AM 44 0 7:30 AM 46 0 7:45 AM 44 2 8:00 AM 44 3 8:15 AM 45 3 8:30 AM 44 3 8:45 AM 42 3 9:00 AM 41 2 9:15 AM 40 2 9:30 AM 43 , 2 9:45 AM 40 2 10:00 AM 39 2 10:15 AM 36 2 10:30 AM 39 1 10:45 AM 45 1 _ Tables of Measured Sound Pressure Levels 49 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility location 2 - Operational l5 -Minute Ley 7/13/2020 Time d14A Wind Notes 6:30 AM >-+ Traffic/Birds 6:45 AM 55 Traffic/Bird- 7:00 AM 56 a Traffic/Bird> 7:15 AM 56 Train 7:30 AM 53 1) 7:45 AM 53 1 8:00 AM 52 8 8:15 AM 48 3 8:30 AM 50 2 8:45 AM 50 1 9:00 AM 62 9:15 AM 57 9:30 AM 49 9:45 AM 43 10:00 AM 44 4 10:15 AM 42 4 10:30 AM 45 4 10:45 AM 42 11:00 AM 38 2 11:15 AM 37 1 11:30 AM 38 2 11:45 AM 37 3 12:00 PM 37 4 12:15 PM 39 4 12.30 PM 43 s 12:45 PM 40 4 1:00 PM 45 7 1:15 PM 43 1:30 PM 46 7 1:45 PM 54 7 2:00 PM 49 4 2:15 PM 42 1 2:30 PM 37 2:45 PM 38 2 3:00 PM 38 4 3:15 PM 43 3:30 PM 38 4 3:45 PM 38 2 4:00 PM 41 1 4:30 PM >2 R 4:45 PM >2 7 5:00 PM 31 8 _ Tables of Measured Sound Pressure Levels 50 Behrens and Associates, Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility Location 2 - Operational 15 -Minute [.eq 7/14/2020 lime dBA Wind Notes 6:15 AM 52 2 I.raffic/Birds 6:30 AM 54 2 Traffic/Birds 6:45 AM 52 2 Traffic/Birds 7:00 AM 48 1 7:15 AM 49 5 7:30 AM 53 6 7:45 AM 49 _ 6 Tables of Measured Sound Pressure Levels 51 Behrens and Associates. Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 3 - Operational 15 -Minute Leq 7/10/2020 lime dBA Wind Notes 8:00 AM 42 3 8:15 AM 47 2 8:30 AM 40 2 8:45 AM 38 2 9:00 AM 62 I Train 9:15 AM 58 1 Train 9:30 AM 57 0 Train 9:45 AM 48 1 10:00 AM 47 2 10:15 AM 46 2 10:30 AM 44 2 10:45 AM 44 2 11:00 AM 44 3 11:15 AM 44 3 11:30 AM 44 3 11:45 AM 47 2 12:00 PM 47 1 12:15 PM 45 2 12:30 PM 44 3 12:45 PM 42 4 1:00 PM 47 4 1:15 PM 48 4 1:30 PM 48 3 1:45 PM 51 3 2:00 PM 52 3 2:15 PM 55 3 2:30 PM 50 2 2:45 PM 40 3 3:00 PM 34 1 3:15 PM 34 3 3:30 PM 40 1 3:45 PM 36 2 4:00 PM 37 2 Tables of Measured Sound Pressure Levels 52 Behrens and Associates, Inc. Environmental Noise Control N _ Rock and Rail - Kelim Offload Facility Location 3 - Operational 15 -Minute Leq 7/11/2020 Time dBA Wind Notes 6:30 AM 47 0 6:45 AM 48 0 7:00 AM 44 0 7:15 AM 43 0 7:30 AM 42 0 7:45 AM 39 2 8:00 AM 40 3 8:15 AM 40 3 8:30 AM 39 3 8:45 AM 37 3 9:00 AM 35 2 9:15 AM 35 2 9:30 AM 43 2 9:45 AM 38 2 10:00 AM 36 2 10:15 AM 35 2 10:30 AM 39 1 10:45 AM 35 _ 1 Tables of Measured Sound Pressure Levels 53 Behrens and Associates. Inc. Environmental Noise Control vV\ N _ Rock and Rail - Kelim Offload Facility Location 3 - Operational 15 -Minute Leg 7/13/2020 Time dBA Wind Wind 6:30 AM 52 0 is Birds/Traffic 6:45 AM 53 0 Birds/Traffic 7:00 AM 51 0 7:15 AM 62 1 Birds/Traffic 7:30 AM 56 0 Train 7:45 AM 50 1 8:00 AM 51 8 8:15 AM 46 3 8:30 AM 44 2 8:45 AM 52 1 9:00 AM 54 1 9:15 AM 51 2 9:30 AM 44 2 9:45 AM 42 3 10:00 AM 41 4 10:15 AM 39 4 10:30 AM 40 4 10:45 AM 39 3 11:00 AM 35 2 11:15AM 42 1 11:30 AM 42 2 11:45 AM 40 3 12:00 PM 39 4 12:15 PM 41 4 12:30 PM 37 5 12:45 PM 39 4 1:00 PM 46 7 1:15 PM 46 6 1:30 PM 43 7 1:45 PM 52 7 2:00 PM 45 4 2:15 PM 42 1 2:30 PM 39 2 2:45 PM 43 2 3:00 PM 39 4 3:15 PM i 44 5 3:30 PM 45 4 3:45 PM 41 2 4:00 PM 44 1 4:45 PM 52 7 5:00 PM 49 8 Tables of Measured Sound Pressure Levels 54 Behrens and Associates, Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility Location 3 - Operational 15 -Minute Leq 7/14/2020 Time dBA Wind Notes 6:15 AM 47 2 6:30 AM 48 2 6:45 AM 48 2 7:00 AM 45 1 7:15 AM 50 5 7:45 AM 52 6 Tables of Measured Sound Pressure Levels 55 Behrens and Associates, Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility Location 4 - Operational 15 -Minute Leq 7/10/2020 Time dBA Wind 8:00 AM 59 I 3 8:15 AM 57 2 8:30 AM 55 2 8:45 AM 54 2 9:00 AM 56 1 9:15 AM 55 1 9:30 AM 54 0 9:45 AM 54 1 10:00 AM 54 2 10:15 AM 52 2 10:30 AM 54 2 10:45 AM 53 2 11:00 AM 52 3 11:15 AM 54 3 11:30 AM 54 3 11:45 AM 54 2 12:00 PM 54 1 12:15 PM 51 2 12:30 PM 54 3 12:45 PM 54 4 1:00 PM 53 4 1:15 PM 53 4 1:30 PM 55 3 1:45 PM 55 3 2:00 PM 52 3 2:15 PM 64 3 2:30 PM 55 2 2:45 PM 54 3 3:00 PM 54 1 3:15 PM 52 3 3:30 PM 54 1 3:45 PM 56 1 4:00 PM 55 2 Tables of Measured Sound Pressure Levels 56 Behrens and Associates, Inc. Environmental Noise Control 1 N _ Rock and Rail - Kelim Offload Facility Location 4 - Operational 15 -Minute Leq 7/11/2020 Time dBA Wind 6:30 AM 56 0 6:45 AM 56 0 7:00 AM 55 0 7:15 AM 55 0 7:30 AM 56 0 7:45 AM 57 2 8:00 AM 57 3 8:15 AM 59 3 8:30 AM 57 3 8:45 AM 55 3 9:00 AM 53 2 9:15 AM 57 2 9:30 AM 52 2 9:45 AM 52 2 10:00 AM 52 2 10:15 AM 51 2 10:30 AM 52 1 10:45 AM 50 _ 1 Tables of Measured Sound Pressure Levels 57 Behrens and Associates, Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility Location 4 - Operational 15 -Minute Ley 7/13/2020 Time i dl;.N. Wind 6:30 AM 6() (► 6:45 AM 60 (0 7.00 AM 61 7:15 AM 62 I 7:30 AM 63 0 7:45 AM 64 1 8:15 AM -- 3 8:30 AM 59 8:45 AM 67 1 9:00 AM 59 1 9:15 AM 69 2 9:30 AM 57 2 I 9:45 AM 56 3 10:00 AM 58 4 10:15 AM 57 4 10:30 AM 56 4 10:45 AM 57 3 1I:00ANA 57 2 11:15 AM 56 1 I 1 :30 AM 57 2 11:45 AM I 54 12:00 PM 56 12:15 PM 56 12:30 PM 56 12:45 PM ,,, 1 15 PM 53 6 1 45 PM 54 7 2:00 PM ,;, 2:15 PM 54 I 2:30 PM 2:45 PM 33 3:00 PM 54 ( 3 15 PM 56 5 3:30 PM 56 4 3:45 PM 58 4:00 PM 57 1 . -1-., 4 M PM ti Tables of Measured Sound Pressure Levels Behrens and Associates, Inc. Environmental Noise Control Rock and Rail - Kelim Offload Facility Location 4 - Operational 15 -Minute Leq 7/14/2020 lime dBA Wind 6:15 AM 61 2 6:30 AM 62 2 6:45 AM 61 2 , 7:00 AM 58 1 7:15 AM 61 5 . 7.45 \\I 61 {i Tables of Measured Sound Pressure Levels Behrens and Associates, Inc. Environmental Noise Control wit Appendix B Deployed Monitor Photos Deployed Monitor Photos 60 Behrens and Associates, Inc. Environmental Noise Control Noise Monitoring location 3 (40.393289°/-104.934953°) Deployed Monitor Photos 63 Kelim Offload Facility Noise Modeling Report July 17, 2020 Prepared for: Rock and Rail, LLC 27486 Co Rd 13 Johnstown, CO 80534 Prepared by: Behrens and Associates, Inc. 9536 East I-25 Frontage Road Longmont, CO 80504 Andrew Truitt Senior Engineer Jason Peetz Engineering Manager Corporate Office: Hawthorne, California Carson. California Aledo, Texas - Napa California - Longmont, Colorado - McDonald, Pennsylvania Phone 800-679-8633 _ Fax 310-331-1538 www.environmental-noise-control.com .dri 1 l ingnoisecontrol.com Behrens and Associates, Inc. Environmental Noise Control 1. Introduction The following report provides a noise modeling assessment of the Kelim Offload Facility operated by Rock and Rail, LLC. The noise modeling includes current on -site mechanical equipment and typical daily operational activities of the concrete batch plant. The site (40.397206, -104.939359) is located approximately 0.5 miles southwest of Kelim, Colorado. Figure 1-1 identifies the site location. To assess the operational noise levels of the Kelim Offload Facility operations, Behrens and Associates Environmental Noise Control (BAENC) conducted an on -site equipment sound level survey on June 5th and July 10th, 2020 of the concrete batch plant facility under normal operational conditions. The equipment sound level data, as well as the data from the operational sound level survey report from BAENC dated July 17`h, 2020, were used to construct and validate a noise model using SoundPLAN 8.1 acoustical modeling software. The following is provided in this report: • A brief introduction of the fundamentals of noise. • A review of the ambient sound levels study results. • A review of the project design standards and on -site sound level survey. • Discussion of noise modeling methodology and results. Figure 1-1 Site Location Introduction 1 Behrens and Associates, Inc. Environmental Noise Control 2. Noise Fundamentals N _ Sound is most commonly experienced by people as pressure waves passing through air. These rapid fluctuations in air pressure are processed by the human auditory system to produce the sensation of sound. The rate at which sound pressure changes occur is called the frequency. Frequency is usually measured as the number of oscillations per second or Hertz (Hz). Frequencies that can be heard by a healthy human ear range from approximately 20 Hz to 20,000 Hz. Toward the lower end of this range are low-pitched sounds, including those that might be described as a "rumble" or "boom". At the higher end of the range are high-pitched sounds that might be described as a "screech" or "hiss". 2.1 Environmental Noise Environmental noise generally derives, in part, from a combination of distant noise sources. Such sources may include common experiences such as distant traffic, wind in trees, and distant industrial or farming activities. These distant sources create a low-level "background noise" in which no particular individual source is identifiable. Background noise is often relatively constant from moment to moment but varies slowly from hour to hour as natural forces change or as human activity follows its daily cycle. Superimposed on this low-level, slowly varying background noise is a succession of identifiable noisy events of relatively brief duration. These events may include the passing of single -vehicles, aircraft flyovers, screeching of brakes, and other short-term events. The presence of these short-term events causes the noise level to fluctuate. Detailed acoustical definitions are provided in Appendix A. COMMON OUTDOOR SOUND LEVELS B-747-200 Takeoff at 2 mi. Gas Lawn Mower at 3 ft. Diesel Truck at 150 ft. DC -9-30 Takeoff at 2 mi. Noisy Urban Daytime B-757 Takeoff at 2 mi. Commercial Area Quiet Urban Daytime Quiet Urban Nighttime Quiet Suburban Nighttime Quiet Rural Nighttime NOISE LEVEL COMMON INDOOR dB (A) SOUND LEVELS 110 Rock Band 100 Inside Subway Train (New York) 90 80 70 60 at 3 ft. 50 40 30 20 10 Food Blender at 3 ft. Garbage Disposal at 3 ft. Shouting at 3 ft. Vacuum Cleaner at 10 ft. Normal Speec Large Business Office Dishwasher Next Room Small Theatre, Large Conference Room (Background) Library Bedroom at Nig t Concert Hall (Background Broadcast & Recording Studio 0 Threshold of Hearing Figure 2-1 Typical Indoor and Outdoor Sound Levels Noise Fundamentals 2 Behrens and Associates, Inc. Environmental Noise Control w'Jp 2.2 Relative Loudness of Environmental Noise Published data exists describing how humans generally respond to changes in relative loudness. Table 2-1, adapted from the Highway Traffic Noise: Analysis and Abatement Guidance (revised December 2011) published by the Federal Highway Administration, shows typical responses to changes in relative loudness. The table describes reductions in noise levels, but the opposite holds true for increases in noise level. Table 2-1 Decibel Changes, Loudness, and Relative Loudness' Sound Level Change Relative Loudness 0 dB(A) Reference -3 dB(A) Barely Perceptible Change -5 dB(A) Readily Perceptible Change -10 dB(A) Half as Loud -20 dB(A) 1/4 as Loud -30 dB(A) 1/8 as Loud ' Table adapted from FHWA Highway Traffic Noise: Analysis and Abatement Guidance, revised December 2011 Noise Fundamentals 3 Behrens and Associates, Inc. Environmental Noise Control 3. Ambient Sound Level Survey An ambient sound level survey was performed at the Kelim Offload Facility site from Friday, July 10th to Tuesday, July 14t, 2020 to measure and document the ambient sound levels on and near the property during nonoperational periods. The instrumentation used for each monitoring location was a Svantek Model 971, Type 1, integrating and logging sound level meter equipped with a windscreen. The Svantek sound level meters were calibrated with a Quest QC -10 calibrator prior to and after deployment. The metering systems were deployed in accordance with the Colorado Revised Statute (CRS) 25-12-103 standards. A Davis Vantage Vue weather station was deployed to measure wind speeds on -site. The ambient survey included the measurement of A -weighted (dBA) sound pressure levels documented as hourly and 15 -minute equivalent sound levels (Leq). The site was operational at various times during the deployment period, but these operational periods were identified from on -site operational logs and the operational data was omitted from the study. Per the CRS code, sound level measurements should not be conducted when the wind velocity exceeds five (5) miles per hour. As a result, the weather data recorded during the survey has been used to excluded sound level readings captured when wind speeds exceeded five (5) miles per hour from the reported results. The measured ambient noise levels were used to calculate daytime (7am to 7pm) and nighttime (7pm to 7am) equivalent (Leq) values at the four monitoring locations shown in Figure 3-1. The calculated ambient daytime and nighttime noise levels are summarized in Table 3-1. The measured 1 -hour and 15 -minute Leq values are show graphically and in tables in Appendix B. Pictures of each deployment location are also shown in Appendix B.Table 3-1 presents the overall dBA daytime and nighttime equivalent (Leq) ambient sound level per day for the entire deployment period with sound level data during high winds (> 5mph) omitted per CRS 25-12-103 noise code. The measured sound levels vary between the daytime and nighttime periods and also vary per monitoring location. Noise level variations throughout the day are typically caused by daily cycles in traffic levels and other surrounding industrial, commercial, and residential activities. Monitoring Location 4 registered higher daytime and nighttime dBA levels than the other monitoring locations due to its closer proximity to Weld County Road 13 and Highway 34. Table 3-1 Average Ambient Sound Level Measurements — Locations 1 and 2 Da y Location 1 Location 2 Daytime Leq Noise Ambient Levels Nighttime Leq Noise Ambient Levels Daytime Leq Noise Ambient Levels Nighttime Leq Noise Ambient Levels dBA dBA dBA dBA 7/10 7/11 - 39.1 44.5 39.7 44.7 7/11 7/12 - 38.7 41.1 40.9 44.3 7/12 7/13 43.5 48.2 41.0 48.3 7/13 7/14 - N/A 48.2 N/A 44.6 Overall Le q 41.4 46.3 40.8 45.8 Ambient Sound Level Survey 4 Behrens and Associates. Inc. Environmental Noise Control Table 3-2 Average Ambient Sound Level Measurements — Locations 3 and 4 Da y Location 3 Location 4 Daytime Leq Noise Ambient Levels Nighttime Leq Noise Ambient Levels Daytime Leq Ambient Noise Levels Nighttime Leq Noise Ambient Levels , dBA dBA dBA dBA 7/10 7/11 - 38.5 41.0 53.7 56.4 7/11 7/12 - 39.4 39.2 50.2 53.2 7/12 7/13 43.6 46.0 52.9 55.1 7/13 7/14 - N/A 48.7 N/A 54.0 Overall Leq 41.6 45.2 52.1 54.8 Ambient Sound Level Survey Behrens and Associates, Inc. Environmental Noise Control Monitoring Location 4 Figure 3-1 Ambient Monitoring Locations Monitoring Location 1 Monitoring Location 2 and Weather Location Monitoring Location 3 tielim Offload Facility Site Boundary Ambient Sound Level Survey 6 Behrens and Associates. Inc. Environmental Noise Control J" 4. Project Design Standards 4.1 Colorado Revised Statute (CRS) 25-12-103 The modeling analysis for the Kelim Offload Facility was developed to predict the operational noise levels at the project parcel property lines and identify potential methods for reducing the operational noise of the on -site activities. The modeling was calibrated using on -site sound level measurements and monitoring. The Kelim Offload Facility includes a concrete batch plant as well as an industrial rail line and associated conveyance equipment. This noise modeling study is limited to the concrete batch plant and associated equipment encompassed within the footprint identified in Figure 4-1 below. A specific acoustical noise limit has not been determined for this project at the time of this study. The Colorado Revised Statute (CRS) code establishes permissible sound levels by type of property and hours of the day and has been chosen as the most applicable noise code for the purposed of this study. This study does not assess the results against any specific zone limits but does utilize the measurement methodology and measurement locations outlined in the CRS code. The measurement location is defined in Section 25-12-103(1) as, "Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance". Figure 4-1 Concrete Batch Plant Operations Study Boundary Project Design Standards Behrens and Associates, Inc. Environmental Noise Control 5. Kelim Offload Facility Noise Modeling Analysis N _ 5.1 Kelim Offload Facility Equipment Survey and Operational Sound Level Survey To assess the predicted noise levels of the Kelim Offload Facility operations, Behrens and Associates Environmental Noise Control (BAENC) conducted an on -site equipment sound level survey on June 5th, 2020 of the Kelim Offload Facility during normal daily operations. The survey focused on the concrete batch plant and its associated equipment. This included the concrete batch plant aggregate conveyor, the loading hopper for the conveyor along with the loader that serves it, the silo -mounted pneumatics, the concrete loadout bay, the building -mounted fly ash and cement pumps, the fly ash and cement trucks while they were unloading, and the concrete trucks under load at the watering station. The location of these pieces of equipment are shown in Figure 5-1. BAENC also conducted an operational sound level survey at the Kelim Offload Facility from July 10th, 2020 to July 14th, 2020 titled Kelim Offload Facility Sound Level Survey Report. This survey consisted of sound level meters deployed at various locations at the facility's property line and gathered operational and ambient sound level data over the course of several days. This operational sound level data was used in conjunction with the on -site equipment sound level survey data to build and calibrate the acoustical model. 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. A Type 1 SVANTEK SVAN 971 sound level meter was utilized to conduct the sound level survey at the site. The sound level meter conforms to Type 1 as per ANSI S1.4 Specification for Sound Level Meters with a tolerance of approximately ±1.5 dBA. The microphone associated with the sound level meter was positioned approximately 4 feet above the ground. The sound level meter was calibrated with a Quest QC -10 calibrator before the measurement period. The meter was programmed to record 30 -second, A -weighted equivalent (Leq) sound levels and one-third octave band frequency data. All equipment was operating under normal conditions throughout the course of the survey. Sound level measurements were obtained adjacent to and at increasing distances from the noise emitting equipment on -site. These sound level measurements were used a basis for the noise modeling and used to calibrate the sound power levels (Lw) for each piece of modeled equipment listed in Table 5-1. Kelim Offload Facility Noise Modeling Analysis 8 Behrens and Associates. Inc. Environmental Noise Control 5.2 Noise Modeling Methodology The noise modeling was completed using three-dimensional computer noise modeling software. All models in this report were developed with SoundPLAN 8.1 software using the International Organization for Standardization (ISO) 9613-2 standard. Noise levels are predicted based on the locations, noise levels, and frequency spectra of the noise sources, and the geometry and reflective properties of the local terrain, buildings, and barriers. SoundPLAN 8.1 software simulates light downwind conditions in all directions to generate conservative assessments. The predicted noise levels represent only the contribution of the facility operations and do not include ambient noise or noise from other facilities. Actual field sound level measurements may vary from the modeled noise levels due to other noise sources such as traffic, other facilities, other human activity, or environmental factors. The predicted modeling results are based on equipment orientation as indicated per Figure 5-1. Table 5-1 lists the modeled equipment for the facility and the calibrated sound power level (Lw) for each piece of modeled equipment. The equipment list is representative of major noise producing equipment as measured during the equipment sound level survey. The modeling results are inclusive of the mechanical equipment and operational conditions listed in Table 5-1 only. Table 5-1 Equipment Modeled for Kelim Offload Facility Quantity Source Sound Power Level (Lw, dBA) Equipment Type 1 Conveyor 84.0 1 Conveyor Loading Hopper 103.9 2 Fly Ash and Cement Pump (Building Mounted) 117.4 2 Unloading Fly Ash Truck (Pipe and Noise) 107.4 Tank 2 Concrete Trucks (Radiator Noise — Low Level) 107.6 2 Concrete Trucks (Truck Noise) 98.8 1 Silo Pneumatics (Unmitigated) 130.0 1 Silo Pneumatics (Mitigated) 94.0 1 Concrete Loading Bay 110.8 Kelim Offload Facility Noise Modeling Analysis 9 Behrens and Associates, Inc. Environmental Noise Control Figure 5-1 Kelim Offload Facility — Concrete Batch Plant Noise Sources Conveyor Hopper Fly Ash & Cement Pump Fly Ash Truck Concrete Truck Concrete Loadout Ba\ Silo Pneumatics llli�l , itI!I!I!Illltlltill Kelim Offload Facility Noise Modeling Analysis 10 Behrens and Associates, Inc. Environmental Noise Control 5.3 Noise Sensitive Receptors w\Jp The noise sensitive receptors for this study were chosen to be consistent with the requirements of the CRS 25-12-103 noise standards. The requirements indicate that sound levels of noise radiating from a property line at a distance of 25 feet or more therefrom in excess of the dBA established for the daytime and nighttime limits shall constitute prima facie evidence that such noise is a public nuisance. As such, receptor locations were chosen at 25 feet from the property lines of the Kelim Offload Facility. Figure 5-2 shows the dBA noise sensitive receptor locations. Kelim Offload Facility Noise Modeling Analysis 11 Behrens and Associates, Inc. Environmental Noise Control 5.4 Noise Modeling Results N _ Two modeling scenarios were created to predict the sound levels at the Kelim Offload Facility and are described in Table 5-2. The results of the noise modeling are presented in Table 5-3. The locations in the tables correspond to the receptor locations identified in Figure 5-2. The results of the noise modeling are also shown as noise contour maps. Figure 5-4 shows the Scenario 1 - Noise Contour Map in dBA and Figure 5-5 shows the Scenario 2 — Noise Contour Map in dBA. The noise contours are provided in 5 dB increments with the color scale indicating the sound level of each contour. Table 5-2 Modeled Scenarios Modeled Scenario Description This scenario represents the concrete batch plant operations of the Kelim Offload Facility. Scenario 1 Normal Figure been 5-1. included. operating No equipment conditions with modifications equipment or additional included acoustical per Table mitigation 5-1 and oriented options per have included This with pneumatics scenario the addition per have represents Table of acoustical 5-1 been treated the and concrete mitigation. acoustical with BAENC batch mitigation plant Normal acoustical operations operating oriented blankets of the conditions per with Kelim Figure Offload with a minimum 5-3. equipment Facility silo sound The Scenario 2 transmission included of area. data 24 -foot Placement is listed -tall to treat in class BAENC Appendix the and (STC) concrete linear rating acoustical C. footage loadout of 25 is walls bay, shown as listed fly with in ash in Appendix a minimum offload Figure 5-3 area, STC-rating and C. A concrete acoustical total of of 510 43 truck performance linear have watering feet been and the The predicted noise levels represent only the contribution of the modeled operations and do not include ambient noise or noise from other facilities. Ambient data is not included in the modeling results due to the fact that the ambient sound level varies by monitoring location and day to day, as indicated in Table 3-1 and Table 3-2, and therefore will have varying levels of contribution to the overall measured field sound levels depending on the time of day and location. The results of the acoustical modeling scenarios predict that the noise levels of the concrete batch plant operations of the Kelim Offload Facility may be reduced by up to 22 dBA at various modeled noise sensitive receptors with implementation of the acoustical mitigation outlined in Scenario 2. Per Table 2-1, a reduction of 22 dBA would be approximately one quarter as loud as before and allow for many modeled receptor locations to be at or below the ambient sound levels outlined in Table 3-1 and Table 3-2. Kelim Offload Facility Noise Modeling Analysis 13 Behrens and Associates, Inc. Environmental Noise Control Figure 5-3 Scenario 2 — Acoustical Mitigation Placement 100 Linear Feet of 24 -foot - high BAENC STC-43 Acoustical Wall *** Must Be Absorptive on Both Sides Kelim Offload Facility Noise Modeling Analysis 14 Behrens and Associates, Inc. Environmental Noise Control Table 5-3 Noise Modeling Results Receptor Location Location Description Scenario 1 (dBA) Scenario 2 (dBA) Location 1 25 ft. from Northwest Property Boundary 57.5 39.6 Location 2 25 ft. from North Property Boundary 65.8 51.6 Location 3 25 ft. from North Property Boundary 67.2 45.2 Location 4 25 ft. from Northeast Property Boundary 60.5 40.9 Location 5 25 ft. from Northeast Property Boundary 57.0 43.2 Location 6 25 ft. from Northeast Property Boundary 55.7 41.7 Location 7 25 ft. from East Property Boundary 53.3 36.6 Location 8 25 ft. from East Property Boundary 46.6 36.8 Location 9 25 ft. from South Property Boundary 50.8 43.5 Location 10 25 ft. South Property Boundary 52.1 48.1 from Location 11 25 ft. from Southwest Property Boundary 58.7 52.3 Location 12 25 ft. West Property Boundary 62.7 48.3 from Kelim Offload Facility Noise Modeling Analysis 15 Behrens and Associates, Inc. Environmental Noise Control Figure 5-5 Scenario 2 - Mitigated Noise Contour `lap (dB:%) Noise Level. dBA 250 n = 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 ,Rn tee! Kelim Offload Facility Noise Modeling Analysis ilia Behrens and Associates, Inc. Environmental Noise Control 6. Conclusion N _ Predictive noise models were created and calibrated through on -site measurements to represent the operations at the Kelim Offload Facility operated by Rock and Rail, LLC. To assess the operational noise levels of the Kelim Offload Facility operations, Behrens and Associates Environmental Noise Control (BAENC) conducted an on -site equipment sound level survey on June 5th and July 10th, 2020 of the concrete batch plant facility under normal operational conditions. The equipment sound level data, as well as the data from the operational sound level survey report from BAENC dated July 17th, 2020, were used to construct and validate a noise model using SoundPLAN 8.1 acoustical modeling software.The survey focused on the concrete batch plant and its associated equipment. This included the concrete batch plant aggregate conveyor, the loading hopper for the conveyor along with the loader that serves it, the silo -mounted pneumatics, the concrete loadout bay, the building -mounted fly ash pumps, the fly ash trucks while they were unloading, and the concrete trucks under load at the watering station. The equipment sound level data were used to construct a noise model using SoundPLAN 8.1 software. Noise sensitive receptor locations included in the models were placed in compliance with the chosen design standards of CRS 25-12-103. The predicted noise levels represent only the contribution of the modeled operations and do not include ambient noise or noise from other facilities. Ambient data is not included in the modeling results due to the fact that the ambient sound level varies by monitoring location and day to day, as indicated in Table 3-1 and Table 3-2, and therefore will have varying levels of contribution to the overall measured field sound levels depending on the time of day and location. The results of the acoustical modeling scenarios predict that the noise levels of the concrete batch plant operations of the Kelim Offload Facility may be reduced by up to 22 dBA at various modeled noise sensitive receptors with implementation of the acoustical mitigation outlined in Scenario 2. Per Table 2-1, a reduction of 22 dBA would be approximately one quarter as loud as before and allow for many modeled receptor locations to be at or below the ambient sound levels outlined in Table 3-1 and Table 3-2. Conclusion 18 Behrens and Associates, Inc. Environmental Noise Control Appendix A Glossary of Acoustical Terms Glossary of Acoustical Terms 19 Behrens and Associates, Inc. Environmental Noise Control N _ Ambient Noise The all -encompassing noise associated with a given environment at a specified time, usually a composite of sound from many sources both near and far. Average Sound Level See Equivalent -Continuous Sound Level A -Weighted Sound Level, dB(A) The sound level obtained by use of A -weighting. Weighting systems were developed to measure sound in a way that more closely mimics the ear's natural sensitivity relative to frequency so that the instrument is less sensitive to noise at frequencies where the human ear is less sensitive and more sensitive at frequencies where the human ear is more sensitive. Decibel (dB) The basic unit of measurement for sound level. Equivalent -Continuous Sound Level (Leq) The average sound level measured over a specified time period. It is a single -number measure of time -varying noise over a specified time period. It is the level of a steady sound that, in a stated time period and at a stated location, has the same A -Weighted sound energy as the time -varying sound. For example, a person who experiences an Leq of 60 dB(A) for a period of 10 minutes standing next to a busy street is exposed to the same amount of sound energy as if he had experienced a constant noise level of 60 dB(A) for 10 minutes rather than the time -varying traffic noise level. Frequency The number of oscillations per second of a sound wave Inverse Square Law A rule by which the sound intensity varies inversely with the square of the distance from the source. This results in a 6dB decrease in sound pressure level for each doubling of distance from the source. Octave The frequency interval between two sounds whose frequency ratio is 2. For example, the frequency interval between 500 Hz and 1,000 Hz is one octave. Octave -Band Sound Level For an octave frequency band, the sound pressure level of the sound contained within that band. One -Third Octave The frequency interval between two sounds whose frequency ratio is 2A(1/3). For example, the frequency interval between 200 Hz and 250 Hz is one-third octave. One -Third -Octave -Band Sound Level For a one -third -octave frequency band, the sound pressure level of the sound contained within that band. Point Source A source that radiates sound as if from a single point. Glossary of Acoustical Terms 20 Behrens and Associates, Inc. Environmental Noise Control w'Jt Receptor A person (or persons) or equipment which is affected by noise. N _ Sound A physical disturbance in a medium (e.g., air) that is capable of being detected by the human ear. Sound Level Meter (SLM) An instrument used for the measurement of sound level, with a standard frequency -weighting and standard exponentially weighted time averaging. Sound Power Level (Lw) Sound power level is the acoustic energy emitted by a source which produces a sound pressure level at some distance. While the sound power level of a source is fixed, the sound pressure level depends upon the distance from the source and the acoustic characteristics of the area in which it is located. Sound Pressure Level A physical measure of the magnitude of a sound. It is related to the sound's energy. The terms sound pressure level and sound level are often used interchangeably. Tone A sound with a distinct pitch Windscreen A porous covering for a microphone, designed to reduce the noise generated by the passage of wind over the microphone. Glossary of Acoustical Terms 21 Behrens and Associates, Inc. Environmental Noise Control v\I Appendix B Ambient Sound Level Survey Data Ambient Sound Level Survey 22 Behrens and Associates, Inc. Environmental Noise Control Ambient adBA a Wind 75 70 65 60 40 35 30 20 15 10 S 0 < Q a a a a. a. 8 0 0O 0O 0O 0 0 40 O N N4 tG 00 f-1 el '3 222222222222=2 222222222 aQ Q Q Q Q a a a. a a a- 0 0 O Q C a a. Cl. a. a a ? 0 O O S 0 0 0 0 0 0 0 0 el 0 0 0 0 0 0 0 0 0 8 0 O.lei N a: 40 O - N of t‘iii00 6 N Q Ai 60 O N 4 O x O 6 al Mon 13 -Jul Q Q Q Q Q a a_ a a a a C O O O O G O O O � O Nd Q �D 00 O N N d tO 0Q O r -I rl July 10- July 14, 2020 Figure B-1 Ambient Measured 15 -Minute Leq Sound Levels Location 1 40 < a < O 0 O N Ambient Sound Level Survey 23 Behrens and Associates, Inc. Environmental Noise Control Ambient —dBA Wind 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 Q Q a a a a a a 8 0 a e e 8 8 CC O Ai N Q cD CO 0 0 < < Q 8888 N !f cD OC < a < 00 0 O N N et et O a a a 888 �f tD CO a 0 9 a 40 30 10 Q Q Q Q Q a a a a a n. Q Q Q Q es88888888889en ef8888 N 4 OQ O (N-1 N 4 O OD O C N 4 zitex;v. g < a a 0 0 O N N e� ri July 10 -July 14, 2020 Figure B-1 Ambient Measured 15 -Minute Leq Sound Levels Location 2 5 0 a � a 888 CO 00 Ambient Sound Level Survey 24 Behrens and Associates, Inc. Environmental Noise Control 75 70 65 60 55 50 45 40 3S 30 25 20 15 10 5 0 Q Q O. Ch- a a C- 8 0 0 0 0 0 0 0 0 0 0 0 GO O RI Ai d kDei 00 a O 9 O 2 2 < a Q < 8 0 8 o N e td 00 0 a 0 9 N i-1 a a. a a. 0 0 0 0 N 4 to CO Ambient a o 9 0 3 N 4 00 0 N tD dBA 2 1 2 2 2 Q < < < 8 8 8 8 0 a a. a. o 0 o Ai N 4 Wind a a Q a p a a s O '"� 8 8 pp0 0 0 0 o 2 Ai— ti co ria July 10- July 14, 2020 Figure B-2 Ambient Measured 15 -Minute Leq Sound Levels Location 3 3'. 30 25 20 d 4 4 15 10 0 a a. Q. a. Q Q Q 0 0 0 0 0 0 0 74$$$ 0 0 0 N Q to 00 6 3 N d t; Ambient Sound Level Survey 25 Behrens and Associates, Inc. Environmental Noise Control 75 70 65 60 55 50 45 40 i5 30 2.00 10 IJ 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Q Q a a z Z Q. Q.. 44 Q ppQ ppQ Qp e a S O O O O C O O ▪ S O O O O a 00 O N N 4 kD 00 O 15 N o 00 O N rl el el VI el el z 0 ba Ambient 2 2 2 2 a. a as z O O O O O O O O of tD 0O C e1 2 2 2 2 $ $ dBA --Wind 2 2 O O O O n1 - e --e 2 2 2 2 2 2 2 2 2 2 2 2 3 Q. Q. a • Q Q Q C Q a. M. 0 0 0 0 e t S S a 0 0 0 0 V r4 of 0Q O C N le a N N a July 10 - July 14, 2020 Figure B-4 Ambient Measured 15 -Minute l.eq Sound levels location 4 0 %Wm olie 2 2 2 +s a a O O 0 tD 0Q O e-i 2 2 2 Q Q Q 00$ 40 ill Ambient Sound Level Survey 26 Behrens and Associates, Inc. Environmental Noise Control dBA Sound Level (15 -minute Leq) 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 grit: Ambient Location 1 Location 2 aLocation 3 Location 4 Wind S i S 5 2 F 2 5 2 2 I 5 F F 2 2 Q Q G Q a. a a a a a a a a a a a. 8 8 o e o 5 8 8 8 8 8 8 8 8 0 e0 is a;O .-1 N .-i N M4 &/1 'D N 00 G1 a rl ri el el el e1 July 10, 2020 40 35 30 25 1 5 0 Figure B-5 Ambient Measured 15 -Minute Leq Sound Levels July 10, 2020 Ambient Sound Level Survey 27 Behrens and Associates, Inc. Environmental Noise Control Location 3 aLocation 4 ammonia Wind dBA Sound Level (15 -minute Leq) 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 Ambient ma Location 1 Location 2 Q a a a 2 Q Q pQ Q Q Q Q a a 8 S 8 8 8 8 O 8 8 0 0 0 g ✓ l N M 4 tri it; e eo▪ 1 rii -1 July 11, 2020 a O 8 S G N M 4 I!1 a as 8 8 N 2 2 2 a. a. a. O O Co /� O gel O V ; a rl r-1 8 40 35 30 25 20� 15 10 5 0 Figure B-6 Ambient Measured 15 -Minute Leq Sound Level July 11, 2020 Ambient Sound Level Survey 28 Behrens and Associates, Inc. Environmental Noise Control 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 2 2 2 424 A N live Ambient aLocation 1 Location 2 Location 3 2 2 2 2 2 2 2 2 2 2 2 Q Q Q Q d 4 Q d Q Q d 8 8 8 8 8 8 8 8 8 0 0 0 . N M of its iD N 00 C1 C ri vi ,-4 el a 8 July 12, 2020 Location 4 Wind a a a a a a a 8 8$ 8 8 8 8 M Nt tD t- OC Ci a 0 0 0 0 a 40 35 30 25 20 a 5 0 Figure B-7 Ambient Measured 15 -Minute I.eq Sound Level Jule 12, 2020 Ambient Sound Level Survey 29 Behrens and Associates, Inc. Environmental Noise Control dBA Sound Level (15 -minute Leq) 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 Mon 13 -Jul Ambient —Location 1 a 4 Q 4 Q 8 8 OO 8O. C c J z Q 8 8 8 � 00 C1 4 2 Q S Q O O C ri Location 2 Location 3 -- Location 4 — Wind S 0. 0 O a 8 July 13, 2020 a 8 a 8 S 2 2 a a O c c C c A: a 2 a 8 2 a 2 a o O 0 35 2 Figure B-8 Ambient Measured 15 -Minute Leq Sound Level July 13, 2020 Ambient Sound Level Survey 30 Behrens and Associates, Inc. Environmental Noise Control dBA Sound Level (15 -minute Leq) 75 70 65 60 55 SO 45 40 35 30 25 20 15 10 2 Q 2 Q 2 Q 2 Q 8 w= Ambient 2 Q 8 Location 1 Location 2 8 M 2 Q 8 Location 3 Location 4 •--Wind 2 Q 8 8 0 July 14, 2020 Figure B-9 Ambient Measured 15 -Minute Leq Sound Level July 14, 2020 40 35 30 r 20 - L 15 10 5 0 8 N Ambient Sound Level Survey 31 Behrens and Associates, Inc. Environmental Noise Control 1 Iv _ Martin Marietta - Kelim Off -Load Facility Location 1 - Ambient 15 -Minute Leq 7/10 - 7/11 Time dBA Wind MPH dBA Wind MPH lime 4:15 PM 39 2 11:30 PM 45 2 4:30 PM 35 4 11:45 PM 43 1 4:45 PM 39 3 Sat 11 -Jul 46 1 5:00 PM 38 2 12:15 AM 46 5 5:15 PM 43 3 12:30 AM 46 7 5:30 PM 43 1 12:45 AM 46 7 5:45 PM 40 2 1:00 AM 45 6 6:00 PM 37 3 1:15AM 43 5 6:15 PM 36 1 1:30 AM 44 4 6:30 PM 34 2 1:45 AM 42 3 6:45 PM 35 0 2:00 AM 42 2 7:00 PM 35 i 1 2:15 AM 42 2 7:15 PM 33 0 2:30 AM 41 2 7:30 PM 32 0 2:45 AM 42 5 7:45 PM 34 0 3:00 AM 41 5 8:00 PM 41 0 3:15 AM 42 4 8:15 PM 36 1 3:30 AM 43 5 8:30 PM 39 0 3:45 AM 44 2 8:45 PM 40 0 4:00 AM 44 0 9:00 PM 41 0 4:15 AM 43 1 9:15 PM 47 0 4:30 AM 45 1 9:30 PM 45 0 4:45 AM 44 1 9:45 PM 42 1 5:00 AM 45 3 10:00 PM 44 0 5:15 AM 46 4 10:15 PM I 47 0 5:30 AM 46 4 10:30 PM 48 0 5:45 AM 46 4 10:45 PM 46 0 6:00 AM 48 3 11:00 PM 45 0 6:15 AM 50 1 11:15 PM 51 0 Ambient Sound Level Survey 32 Behrens and Associates. Inc. Environmental Noise Control W\f N _ Martin Marietta - kelim Off -Load Facility l Location 1 - Ambient 15 -Minute Leg 7/11 - 7/12 Time dBA Wind MP1I Time dBA Wind MPH 11:00 AM 51 0 11:30 PM 35 3 11:15 AM 49 0 11:45 PM 35 11:30 AM 48 0 Sun 12 -Jul 35 0 11:45 AM 48 0 12:15 AM 35 0 12:00 PM 48 0 12:30 AM 36 0 12:15 PM 46 2 12:45 AM 34 0 12:30 PM 47 3 1:00 AM 31 0 12:45 PM 48 3 1:15AM AM 31 0 1:00 PM 46 3 1:30 AM 32 0 1:15 PM 46 3 1:45 AM 29 0 1:30 PM 44 2 2:00 AM 30 1 1:45 PM 41 2 2:15 AM 32 0 2:00 PM 50 2 2:30 AM 36 1 2:15 PM 44 2 2:45 AM 37 1 2:30 PM 41 2 3:00 AM 38 2 2:45 PM 37 2 3:15 AM 40 2 3:00 PM 41 1 3:30 AM 38 2 3:15 PM 37 1 3:45 AM 41 3 3:30 PM 40 2 4:00 AM 45 3 3:45 PM 38 3 4:15 AM 42 2 4:00 PM 40 3 4:30 AM 41 0 4:15 PM 39 3 4:45 AM 40 1 4:30 PM 34 2 5:00 AM 43 1 4:45 PM 39 2 5:15 AM 43 1 5:00 PM 39 2 5:30 AM 45 1 5:15 PM 34 2 5:45 AM 46 0 5:30 PM 34 2 6:00 AM 45 1 5:45 PM 33 3 6:15 AM 47 2 6:00 PM 33 3 6:30 AM 48 2 6:15 PM 34 2 6:45 AM 46 2 6:30 PM 44 2 7:00 AM 44 3 6:45 PM 41 2 7:15 AM 47 3 7:00 PM 41 2 7:30 AM 46 3 7:15 PM 41 1 7:45 AM 44 3 7:30 PM 41 1 8:00 AM 44 3 7:45 PM 37 1 8:15 AM 45 3 8:00 PM 35 3 8:30 AM 44 3 8:15 PM 45 2 8:45 AM 43 3 8:30 PM 34 1 9:00 AM 44 3 8:45 PM 42 2 9:15 AM 46 3 9:00 PM 37 2 9:30 AM 47 3 9:15 PM 32 3 9:45 AM 47 2 9:30 PM 38 3 10:00 AM 44 1 9:45 PM 31 3 10:15 AM 41 1 10:00 PM 31 3 10:30 AM 42 1 10:15 PM 30 3 10:45 AM 39 1 10:30 PM 31 2 11:00 AM 45 1 10:45 PM 41 1 11:15 AM 44 3 11:00 PM 34 2 11:30 AM 43 4 11:15 PM 37 0 11:45 AM 36 3 Ambient Sound Level Survey 33 Behrens and Associates, Inc. Environmental Noise Control 1 N _ Martin Marietta - Kelim Off -Load Facility I Location 1 - Ambient 15 -Minute Leg 7/12 - 7/13 "lime dBA Wind MPH lime dBA Wind MPH 12:00 PM 40 3 9:15 PM 47 0 12:15 PM 35 3 9:30 PM 39 0 12:30 PM 39 4 9:45 PM 37 1 12:45 PM 41 3 10:00 PM 38 0 1:00 PM 41 1 10:15 PM 39 0 1:15 PM 37 1 10:30 PM 41 1 1:30 PM 41 1 10:45 PM 40 1 1:45 PM 42 1 11:00 PM 35 1 2:00 PM 48 4 11:15 PM 36 1 2:15 PM 48 6 11:30 PM 39 2 2:30 PM 47 7 11:45 PM 32 1 2:45 PM 54 8 Mon 13 -Jul 53 1 3:00 PM 45 8 12:15 AM 49 2 3:15 PM 43 5 12:30 AM 33 1 3:30 PM 41 6 12:45 AM 33 0 3:45 PM 43 5 1:00 AM 33 0 4:00 PM 47 7 1:15 AM 34 0 4:15 PM 49 9 1:30 AM 33 0 4:30 PM 47 9 1:45 AM 29 0 4:45 PM 48 8 A 2:00 AM 30 0 5:00 PM 46 8 2:15 AM 32 0 5:15 PM 40 7 2:30 AM 34 1 5:30 PM 43 6 2:45 AM 34 1 5:45 PM 44 7 3:00 AM 34 0 6:00 PM 40 6 3:15 AM 36 0 6:15 PM 42 6 3:30 AM 37 0 6:30 PM 41 7 3:45 AM 41 0 6:45 PM 40 4 4:00 AM 42 0 7:00 PM 45 2 4:15 AM 46 2 7:15 PM 43 0 4:30 AM 47 3 7:30 PM 45 0 4:45 AM 51 1 7:45 PM 46 0 5:00 AM 52 1 8:00 PM 57 6 5:15 AM 54 2 8:15 PM 50 9 5:30 AM 54 0 8:30 PM 48 6 5:45 AM 56 0 8:45 PM 48 5 6:00 AM 56 0 9:00 PM 49 3 6:15 AM 56 0 Ambient Sound Level Survey 34 Behrens and Associates. Inc. Environmental Noise Control J" Martin Marietta - Kelim Off -Load Facility Location 1 - Ambient 15 -Minute Leg 7/14/2020 dBA Wind MPH Time dBA Wind MPH Time 5:15 PM 57 9 11:45 PM 38 1 5:30 PM 53 9 Tue 14 -Jul 33 1 5:45 PM 56 9 12:15 AM 32 1 6:00 PM 52 8 12:30 AM 36 1 6:15 PM 51 8 12:45 AM 43 2 6:30 PM 52 10 1:00 AM 44 3 6:45 PM 53 8 1:15 AM 44 2 7:00 PM 52 8 1:30 AM 40 1 7:15 PM 56 5 1:45 AM 41 3 7:30 PM 50 3 2:00 AM 40 4 7:45 PM 54 2 2:15 AM 42 4 8:00 PM 50 2 2:30 AM 40 2 8:15 PM 41 3 2:45 AM 41 4 8:30 PM 43 5 3:00 AM 41 4 8:45 PM 40 5 3:15 AM 41 3 9:00 PM 34 4 3:30 AM 42 3 9:15 PM 33 2 3:45 AM 46 1 9:30 PM 39 2 4:00 AM 53 0 9:45 PM 38 1 4:15 AM 50 2 10:00 PM 40 0 4:30 AM 48 6 10:15 PM 39 2 4:45 AM 49 4 10:30 PM 39 5 5:00 AM 49 4 10:45 PM 38 3 5:15 AM 50 4 11:00 PM 38 2 5:30 AM 51 4 11:15 PM 38 3 5:45 AM 54 3 11:30 PM 38 3 6:00 AM _ 60 3 Ambient Sound Level Survey 35 Behrens and Associates, Inc. Environmental Noise Control Nyv N _ Martin Marietta - Kelim Off -Load Facility Location 2 - Ambient 15 -Minute Leg 7/10 - 7/11 Time dBA Wind MPH lime dBA Wind MPH 4:15 PM 43 2 11:30 PM 44 2 4:30 PM 35 4 I 11:45 PM 43 1 4:45 PM 39 3 Sat 11 -Jul 46 1 5:00 PM 38 2 12:15 AM 48 5 5:15 PM 38 3 12:30 AM 47 7 5:30 PM 41 1 12:45 AM 46 7 5:45 PM 41 2 1:00 AM 45 6 6:00 PM 40 3 1:15 AM 43 5 6:15 PM 39 1 1:30 AM 44 4 6:30 PM 38 2 1:45 AM 40 3 6:45 PM 39 0 2:00 AM 40 2 7:00 PM 39 1 I 2:15 AM 41 2 7:15 PM 34 0 2:30 AM 42 2 7:30 PM 34 0 2:45 AM 42 5 7:45 PM 35 0 3:00 AM 42 5 8:00 PM 40 0 3:15 AM 42 4 8:15 PM 37 1 3:30 AM 43 5 8:30 PM 40 0 3:45 AM 44 2 8:45 PM 40 0 4:00 AM 44 0 9:00 PM 40 0 4:15 AM 43 1 9:15 PM 45 0 4:30 AM 46 1 9:30 PM 45 0 4:45 AM 45 1 9:45 PM 42 1 5:00 AM 46 3 10:00 PM 44 0 5:15 AM 47 4 10:15 PM 47 0 5:30 AM 48 4 10:30 PM 48 0 5:45 AM 47 4 10:45 PM 47 0 6:00 AM 48 3 11:00 PM 46 0 6:15 AM 50 1 11:15 PM 49 0 Ambient Sound Level Survey 36 Behrens and Associates, Inc. Environmental Noise Control N _ Martin Marietta - Kelim Off -Load Facility 1 Location 2 - Ambient 15 -Minute Leq 7/11 - 7/12 Time dBA Wind MPH lime dBA Wind MPH 11:00 AM 50 0 11:30 PM 36 3 11:15 AM 47 0 11:45 PM 36 2 11:30 AM 47 0 Sun 12 -Jul 37 0 11:45 AM 44 0 12:15 AM 36 0 12:00 PM 46 0 12:30 AM 35 0 12:15 PM 44 2 12:45 AM 34 0 12:30 PM 44 3 1:00 AM 32 0 12:45 PM 45 3 1:15 AM 32 0 1:00 PM 44 3 1:30 AM 32 0 1:15 PM 42 3 1:45 AM 30 0 1:30 PM 41 2 2:00 AM 30 1 1:45 PM 40 2 2:15 AM 32 0 2:00 PM 43 2 2:30 AM 35 1 2:15 PM 40 2 2:45 AM 36 1 2:30 PM 39 2 3:00 AM 39 I 2 2:45 PM 36 2 3:15 AM 40 2 3:00 PM 39 1 3:30 AM 39 2 3:15 PM 45 1 3:45 AM 42 3 3:30 PM 42 2 4:00 AM 45 3 3:45 PM 40 3 4:15 AM 42 2 4:00 PM 39 3 4:30 AM 44 0 4:15 PM 39 3 4:45 AM 43 1 4:30 PM 34 2 5:00 AM 44 1 4:45 PM 34 2 5:15 AM 45 1 5:00 PM 36 2 5:30 AM 51 1 5:15 PM 39 2 5:45 AM 53 0 5:30 PM 36 2 6:00 AM 54 1 5:45 PM 36 3 6:15 AM 49 2 6:00 PM 35 3 6:30 AM 50 2 6:15 PM 35 2 6:45 AM 46 2 6:30 PM 44 2 7:00 AM 43 3 6:45 PM 41 2 7:15 AM 43 3 7:00 PM 38 2 7:30 AM 43 3 7:15 PM 46 1 7:45 AM 42 3 7:30 PM 46 1 8:00 AM 42 3 7:45 PM 44 1 8:15 AM 42 3 8:00 PM 38 3 8:30 AM 42 3 8:15 PM 51 2 8:45 AM 41 3 8:30 PM 38 1 9:00 AM I 42 3 8:45 PM 43 2 9:15 AM 42 3 9:00 PM 34 2 9:30 AM 38 3 9:15 PM 33 3 9:45 AM 41 2 9:30 PM 39 3 10:00 AM 39 1 9:45 PM 33 3 10:15 AM 36 1 10:00 PM 34 3 10:30 AM 36 1 10:15 PM 32 3 10:45 AM 37 1 10:30 PM 35 2 11:00 AM 35 1 10:45 PM 33 1 11:15 AM 35 3 11:00 PM 34 2 11:30 AM 43 4 11:15 PM _ 34 0 11:45 AM 36 3 Ambient Sound Level Survey 37 Behrens and Associates. Inc. Environmental Noise Control N _ Martin Marietta - Kelim Off -Load Facility I Location 2 - Ambient 15 -Minute Leg 7/12 - 7/13 Time dBA Wind MPH lime dBA Wind MPH 12:00 PM 40 3 9:15 PM 45 0 12:15 PM 35 3 9:30 PM 38 0 12:30 PM 39 4 9:45 PM 37 1 12:45 PM 33 3 10:00 PM 38 0 1:00 PM 34 1 10:15 PM 38 0 1:15 PM 36 1 10:30 PM 40 1 1:30 PM 39 1 10:45 PM 38 1 1:45 PM 41 1 11:00 PM 36 1 2:00 PM 48 4 11:15 PM 35 1 2:15 PM 48 6 11:30 PM 37 2 2:30 PM 48 7 11:45 PM 32 1 2:45 PM 52 8 Mon 13 -Jul 47 1 3:00 PM 47 8 12:15 AM 51 2 3:15 PM 42 5 12:30 AM 33 1 3:30 PM 45 6 12:45 AM 33 0 3:45 PM 46 5 1:00 AM 31 0 4:00 PM 51 7 1:15 AM 31 0 4:15 PM 52 9 1:30 AM 31 0 4:30 PM 51 9 1:45 AM 30 0 4:45 PM 50 8 2:00 AM 30 0 5:00 PM 47 8 2:15 AM 33 0 5:15 PM 43 7 2:30 AM 35 1 5:30 PM 45 6 2:45 AM 35 1 5:45 PM 45 7 3:00 AM I 34 0 6:00 PM 42 6 3:15 AM 45 0 6:15 PM 45 6 3:30 AM 38 0 6:30 PM 44 7 3:45 AM 41 0 6:45 PM 40 4 4:00 AM 43 0 7:00 PM 42 2 4:15 AM 47 2 7:15 PM 43 0 4:30 AM 48 3 7:30 PM 45 0 4:45 AM 51 1 7:45 PM 46 0 5:00 AM 53 1 8:00 PM 56 6 5:15 AM 54 2 8:15 PM 51 9 5:30 AM 55 0 8:30 PM 48 6 5:45 AM 57 0 8:45 PM 47 5 6:00 AM 56 0 9:00 PM _ 49 3 6:15 AM 55 0 Ambient Sound Level Survey 38 Behrens and Associates, Inc. Environmental Noise Control Martin Marietta - Kelim Off -Load Facility Location 2 - Ambient 15 -Minute Leq 7/14/2020 Time dBA Wind MPH Time dBA Wind MPH 5:15 PM 55 9 11:45 PM 38 1 5:30 PM 52 9 Tue 14 -Jul 33 1 5:45 PM 55 9 12:15 AM 32 1 6:00 PM 53 8 12:30 AM 38 1 6:15 PM 54 8 12:45 AM 43 2 6:30 PM 55 10 1:00 AM 44 3 6:45 PM 53 8 1:15 AM 42 2 7:00 PM 50 8 1:30 AM 40 1 7:15 PM 46 5 1:45 AM 42 3 7:30 PM 43 3 2:00 AM 41 4 7:45 PM 43 2 2:15 AM 42 4 8:00 PM 42 2 2:30 AM 40 2 8:15 PM 40 3 2:45 AM 40 4 8:30 PM 43 5 3:00 AM 41 4 8:45 PM 39 5 3:15 AM 41 3 9:00 PM 36 4 3:30 AM 43 3 9:15 PM 37 2 3:45 AM 46 1 9:30 PM 40 2 4:00 AM 50 0 9:45 PM 40 1 4:15 AM 50 2 10:00 PM 39 0 4:30 AM 48 6 10:15 PM 38 2 4:45 AM 49 4 10:30 PM 39 5 5:00 AM 49 4 10:45 PM 38 3 5:15 AM 50 4 11:00 PM 39 2 5:30 AM 51 4 11:15 PM 39 3 5:45 AM 51 3 11:30 PM 39 3 6:00 AM 51 3 Ambient Sound Level Survey 39 Behrens and Associates, Inc. Environmental Noise Control Martin Marietta - Kelim Off -Load Facility l Location 3 - Ambient 15 -Minute Leq 7/10 - 7/11 dBA Wind MPH lime dBA Wind MPH Time 4:15 PM 37 2 11:30 PM 40 2 4:30 PM 39 4 11:45 PM 41 1 4:45 PM 41 3 Sat 11 -Jul 40 1 5:00 PM 40 2 12:15 AM 50 5 5:15 PM 39 3 12:30 AM 51 7 5:30 PM 38 1 12:45 AM 49 7 5:45 PM 39 2 1:00 AM 48 6 6:00 PM 36 3 1:15 AM 45 5 6:15 PM 35 1 1:30 AM 44 4 6:30 PM 37 2 1:45 AM 37 3 6:45 PM 37 0 2:00 AM 36 2 7:00 PM 35 1 2:15 AM 36 2 7:15 PM 34 0 2:30 AM 36 2 7:30 PM 36 0 2:45 AM 39 5 7:45 PM 38 0 3:00 AM 39 5 8:00 PM 39 0 3:15 AM 39 4 8:15 PM 37 1 3:30 AM 37 5 8:30 PM 41 0 3:45 AM 39 2 8:45 PM 37 0 4:00 AM 39 0 9:00 PM 38 0 4:15 AM 39 1 9:15 PM 38 0 4:30 AM 41 1 9:30 PM 41 0 4:45 AM 41 1 9:45 PM 37 1 5:00 AM 41 3 10:00 PM 39 0 5:15 AM 42 4 10:15 PM 40 i 0 5:30 AM 43 4 10:30 PM 40 0 5:45 AM 42 4 10:45 PM 46 0 6:00 AM 43 3 11:00 PM 48 0 a 6:15 AM 45 1 11:15 PM _ 44 0 Ambient Sound Level Survey 40 Behrens and Associates. Inc. Environmental Noise Control Martin Marietta - Kelim Off -Load Facility Location 3 - Ambient 15 -Minute Leg 7/11 - 7/12 Time dBA Wind MPH lime dBA Wind MP11 11:00 AM 47 0 11:30 PM 36 3 11:15 AM 48 0 11:45 PM 40 2 11:30 AM 44 0 Sun 12 -Jul 40 0 11:45 AM 43 0 12:15 AM 33 0 12:00 PM 42 0 12:30 AM 36 0 12:15 PM 4 39 2 12:45 AM 35 0 12:30 PM 40 3 1:00 AM 36 0 12:45 PM 40 3 1:15 AM 31 0 1:00 PM 39 3 1:30 AM 32 0 1:15 PM 37 3 1:45 AM 31 0 1:30 PM 35 2 2:00 AM 31 1 1:45 PM 35 2 2:15 AM 33 0 2:00 PM 43 2 2:30 AM 34 1 2:15 PM 38 2 2:45 AM 33 1 2:30 PM 36 2 3:00 AM 35 2 2:45 PM 35 2 3:15 AM 36 2 3:00 PM 39 1 3:30 AM 36 2 3:15 PM 35 1 3:45 AM 35 3 3:30 PM 41 2 4:00 AM 35 3 3:45 PM 36 3 4:15 AM 40 2 4:00 PM 40 3 4:30 AM 38 0 4:15 PM 48 3 4:45 AM 38 1 4:30 PM 48 2 5:00 AM 40 1 4:45 PM 33 2 5:15 AM 40 1 5:00 PM 33 2 5:30 AM 42 1 5:15 PM i 33 2 5:45 AM 44 0 5:30 PM 34 2 6:00 AM 41 1 5:45 PM 33 3 6:15 AM 45 2 6:00 PM 31 3 6:30 AM 46 2 6:15 PM 33 2 6:45 AM 44 2 6:30 PM 39 2 7:00 AM 41 3 6:45 PM 39 2 7:15 AM 40 3 7:00 PM 35 2 7:30 AM 39 3 7:15 PM 38 1 7:45 AM 40 3 7:30 PM 35 1 8:00 AM 39 3 7:45 PM 35 1 8:15 AM 40 3 8:00 PM 34 3 8:30 AM 38 3 8:15 PM 42 2 8:45 AM 39 3 8:30 PM 41 1 9:00 AM 40 3 8:45 PM 42 2 9:15 AM 41 3 9:00 PM 33 2 9:30 AM 36 3 9:15 PM 34 3 9:45 AM 56 2 9:30 PM 36 3 10:00 AM 41 1 9:45 PM 32 3 10:15 AM 34 1 10:00 PM 32 3 10:30 AM 37 1 10:15 PM 33 3 10:45 AM 36 1 10:30 PM 33 2 11:00 AM 36 1 10:45 PM 41 1 11:15 AM 35 3 11:00 PM 35 2 11:30 AM 42 4 11:15 PM 34 _ 0 11:45 AM 36 3 Ambient Sound Level Survey 41 Behrens and Associates. Inc. Environmental Noise Control N _ Martin Marietta - Kelim Off -Load Facility Location 3 - Ambient 15 -Minute Leq 7/12 - 7/13 lime dBA Wind MPH lime dBA Wind MPH 12:00 PM 40 3 9:15 PM 41 0 12:15 PM 43 3 9:30 PM 40 0 12:30 PM 40 4 9:45 PM 38 1 12:45 PM 38 3 10:00 PM 38 0 1:00 PM 38 1 10:15 PM 37 0 1:15 PM 40 1 10:30 PM 38 1 1:30 PM 42 1 10:45 PM 34 1 1:45 PM 37 1 11:00 PM 34 1 2:00 PM 49 4 11:15 PM 34 1 2:15 PM 49 6 11:30 PM 37 2 2:30 PM 46 7 11:45 PM 31 1 2:45 PM 66 8 Mon 13 -Jul 32 1 3:00 PM 54 8 12:15 AM 60 2 3:15 PM 42 5 12:30 AM 37 1 3:30 PM 51 6 12:45 AM 31 0 3:45 PM 44 5 1:00 AM 30 0 4:00 PM 50 7 1:15 AM 32 0 4:15 PM 50 9 1:30 AM 33 0 4:30 PM 50 9 1:45 AM 31 0 4:45 PM 49 8 2:00 AM 37 0 5:00 PM 46 8 2:15 AM 35 0 5:15 PM 42 7 2:30 AM 34 1 5:30 PM 41 6 2:45 AM 36 1 5:45 PM I 42 7 3:00 AM 36 0 6:00 PM 40 6 3:15 AM 33 I 0 6:15 PM 45 6 3:30 AM 35 0 6:30 PM 44 7 3:45 AM 38 0 6:45 PM 43 4 4:00 AM 37 0 7:00 PM 39 2 4:15 AM 37 2 7:15 PM 40 0 4:30 AM 39 3 7:30 PM 42 i 0 4:45 AM 40 1 7:45 PM 40 0 5:00 AM 41 1 8:00 PM 57 6 5:15 AM 45 2 8:15 PM 50 9 5:30 AM 47 0 8:30 PM 46 6 5:45 AM 48 0 8:45 PM 43 5 6:00 AM 50 0 9:00 PM 43 3 6:15 AM 51 0 Ambient Sound Level Survey 42 Behrens and Associates, Inc. Environmental Noise Control N _ Martin Marietta - Kelim Off -Load Facility J Location 3 - Ambient 15 -Minute Leq 7/14/2020 Time dBA Wind MPII lime dBA Wind MPII 5:15 PM 54 9 11:45 PM 37 1 5:30 PM 54 9 Tue 14 -Jul 34 1 5:45 PM 59 9 12:15 AM 33 i 1 6:00 PM 56 8 12:30 AM 36 1 6:15 PM 57 8 12:45 AM 38 2 6:30 PM 59 10 1:00 AM 39 3 6:45 PM 60 8 1:15 AM 37 2 7:00 PM 52 8 1:30 AM 36 1 7:15 PM 50 5 1:45 AM 39 3 7:30 PM 39 3 2:00 AM 43 4 7:45 PM 40 2 2:15 AM 40 4 8:00 PM 39 2 2:30 AM 38 2 8:15 PM 38 3 2:45 AM 37 4 8:30 PM 42 5 3:00 AM 38 4 8:45 PM 35 5 3:15 AM 39 3 9:00 PM 34 4 3:30 AM 40 3 9:15 PM 35 2 3:45 AM 41 1 9:30 PM 39 2 4:00 AM 63 0 9:45 PM 34 1 4:15 AM 59 2 10:00 PM 33 0 4:30 AM 45 6 10:15 PM 34 2 4:45 AM 46 4 10:30 PM 36 5 5:00 AM 43 4 10:45 PM 38 3 5:15 AM 44 4 11:00 PM 39 2 5:30 AM 45 4 11:15 PM 38 3 5:45 AM 48 3 I 11:30 PM 36 3 6:00 AM _ 47 3 Ambient Sound Level Survey 43 Behrens and Associates, Inc. Environmental Noise Control Martin Marietta - Kelim Off -Load Facility I Location 4 - Ambient 15 -Minute Leq 7/10 - 7/11 lime dBA Wind MPH lime dBA Wind MPH 4:15 PM 54 2 11:30 PM I 53 2 4:30 PM 52 4 11:45 PM 54 1 4:45 PM 54 3 Sat 11 -Jul 55 1 5:00 PM 53 2 12:15 AM 59 5 5:15 PM 53 3 12:30 AM 58 7 5:30 PM 53 1 12:45 AM 56 7 5:45 PM 55 2 1:00 AM 55 6 6:00 PM 55 3 i 1:15 AM 54 5 6:15 PM 54 1 1:30 AM 55 4 6:30 PM 54 2 1:45 AM 52 3 6:45 PM 53 0 2:00 AM 51 2 7:00 PM 52 1 2:15 AM 51 2 7:15 PM 51 0 2:30 AM 52 2 7:30 PM 51 0 2:45 AM 54 5 7:45 PM 53 0 3:00 AM 54 5 8:00 PM 55 0 3:15 AM 54 4 8:15 PM 58 1 3:30 AM 53 5 8:30 PM 56 0 3:45 AM 54 2 8:45 PM 56 0 4:00 AM 53 0 9:00 PM 57 0 4:15 AM 52 1 9:15 PM 63 0 4:30 AM 55 1 9:30 PM 57 0 4:45 AM 55 1 9:45 PM 58 1 5:00 AM 55 3 4 10:00 PM 59 0 5:15 AM 56 4 10:15 PM 60 0 5:30 AM 58 4 10:30 PM 60 0 5:45 AM 57 4 10:45 PM 56 0 6:00 AM 59 3 11:00 PM 60 0 6:15 AM 59 1 11:15 PM 57 0 Ambient Sound Level Survey 44 Behrens and Associates, Inc. Environmental Noise Control Martin Marietta - Kelim Off -Load Facility l Location 4 - Ambient 15 -Minute Leq 7/11 - 7/12 Time dBA Wind MPH Time dBA Wind MPH 11:00 AM 56 0 11:30 PM 51 3 11:15 AM 56 0 11:45 PM 51 2 11:30 AM 55 0 Sun 12 -Jul 51 0 11:45 AM 55 0 12:15 AM 51 0 12:00 PM 56 0 12:30 AM 51 0 12:15 PM 57 2 12:45 AM 50 0 12:30 PM 57 3 1:00 AM 45 0 12:45 PM 59 3 1:15 AM 43 0 1:00 PM 57 3 1:30 AM 49 0 1:15 PM 55 3 1:45 AM 46 0 1:30 PM 53 2 2:00 AM 45 1 1:45 PM 57 2 2:15 AM 46 0 2:00 PM 52 2 2:30 AM 49 1 2:15 PM 52 2 2:45 AM 52 1 2:30 PM 52 2 3:00 AM 51 2 2:45 PM 51 2 3:15 AM 51 2 3:00 PM 52 1 3:30 AM 49 2 3:15 PM 50 1 3:45 AM 52 3 3:30 PM 49 2 4:00 AM 53 3 3:45 PM 50 3 4:15 AM 52 2 4:00 PM 49 I 3 4:30 AM 54 0 4:15 PM 48 3 4:45 AM 54 1 4:30 PM 51 2 5:00 AM 56 1 4:45 PM 50 2 5:15 AM 57 1 5:00 PM 49 2 5:30 AM 58 1 5:15 PM 48 2 5:45 AM 58 , 0 5:30 PM 49 2 6:00 AM 57 1 5:45 PM 47 3 6:15 AM 58 2 6:00 PM 49 3 6:30 AM 57 2 6:15 PM 49 2 6:45 AM 55 2 6:30 PM 53 2 7:00 AM 55 3 6:45 PM 53 2 7:15 AM 55 3 7:00 PM 55 2 7:30 AM 55 3 7:15 PM 51 1 7:45 AM 55 3 7:30 PM 52 1 8:00 AM 55 3 7:45 PM 50 1 8:15 AM 52 3 8:00 PM 48 3 8:30 AM 52 3 8:15 PM 53 2 8:45 AM 53 3 8:30 PM 50 1 9:00 AM 53 3 8:45 PM 49 2 9:15 AM 53 3 9:00 PM 49 2 9:30 AM 50 3 9:15 PM 48 3 9:45 AM 51 2 9:30 PM 49 3 10:00 AM 50 1 9:45 PM 49 3 10:15 AM 50 1 10:00 PM 48 3 10:30 AM 49 1 10:15 PM 47 3 10:45 AM 49 1 10:30 PM 50 2 11:00 AM 48 1 10:45 PM 47 1 11:15 AM 50 3 11:00 PM 50 2 11:30 AM 50 4 11:15 PM 50 0 11:45 AM 50 3 Ambient Sound Level Survey 45 Behrens and Associates, Inc. Environmental Noise Control • Martin Marietta - Kelim Off -Load Facility Location 4 - Ambient 15 -Minute Leq 7/12 - 7/13 Time dBA Wind MPH lime dBA Wind MPH 12:00 PM 49 3 9:15 PM 56 0 12:15 PM 48 3 9:30 PM 54 0 12:30 PM 49 4 9:45 PM 49 1 12:45 PM 56 3 10:00 PM 48 0 1:00 PM 48 1 I 10:15 PM 48 0 1:15 PM 47 1 10:30 PM 49 1 1:30 PM 49 1 10:45 PM 51 1 1:45 PM 51 1 a 11:00 PM 47 1 2:00 PM 61 4 11:15 PM 48 1 2:15 PM 59 6 11:30 PM 49 2 2:30 PM 56 7 11:45 PM 48 1 2:45 PM 56 8 Mon 13 -Jul 52 1 3:00 PM 55 8 12:15 AM 48 2 3:15 PM 54 5 12:30 AM 46 1 3:30 PM 53 6 12:45 AM 44 0 3:45 PM 51 5 1:00 AM 43 0 4:00 PM 50 7 1:15 AM 43 0 4:15 PM 49 9 1:30 AM 43 0 4:30 PM 50 9 1:45 AM 44 0 4:45 PM 51 8 2:00 AM 44 0 5:00 PM 51 8 2:15 AM 47 0 5:15 PM 51 7 2:30 AM 47 1 5:30 PM 49 6 2:45 AM 48 1 5:45 PM 49 7 3:00 AM 47 0 6:00 PM 49 6 3:15 AM 49 0 6:15 PM 50 6 3:30 AM 53 0 6:30 PM 51 7 3:45 AM 52 0 6:45 PM 51 4 4:00 AM 54 0 7:00 PM 52 2 4:15 AM 56 2 7:15 PM 53 0 4:30 AM 58 3 7:30 PM 55 0 4:45 AM 58 1 7:45 PM 57 0 5:00 AM 60 1 8:00 PM 65 6 5:15 AM 62 2 8:15 PM 60 9 5:30 AM 62 0 8:30 PM 58 6 5:45 AM 61 0 8:45 PM 58 5 6:00 AM 60 0 9:00 PM 57 3 6:15 AM 59 _ 0 Ambient Sound Level Survey 46 Behrens and Associates, Inc. Environmental Noise Control 1 Appendix C Acoustical Mitigation Performance Data Table C-1 Acoustical Mitigation Performance Data — Transmission Loss and STC Rating Octave Band Center Frequency (Hz) STC 31.5 63 125 250 500 1000 2000 4000 8000 BAENC Acoustical STC-25 Blanket 4 6 7 7 23 36 40 44 50 25 BAENC Acoustical STC-43 Wall 7 1 1 22 29 37 47 58 65 67 43 Table C-2 Acoustical Mitigation Performance Data — Absorption Coefficient and NRC Rating Octave Band Center Frequency (Hz) NRC 31.5 63 125 250 500 1000 2000 4000 8000 BAENC Acoustical STC-25 Blanket 0.12 0.25 0.49 0.72 0.74 0.29 0.21 0.14 0.10 0.5 BAENC Acoustical STC-43 Wall 0.20 0.35 0.70 1.14 1.18 1.14 1.14 1.16 1.16 1.15 Acoustical Mitigation Performance Data 47 Behrens and Associates, Inc. Environmental Noise Control July 17, 2020 Rock and Rail, LLC 27486 Co Rd 13 Johnstown, CO 80534 N _ Attention: James Sham Subject: Response Letter to Sound Level Data Submitted by the Indianhead Estates HOA Dear Mr. Sham, Behrens and Associates Environmental Noise Control (BAENC) was contracted on June 12`h, 2020 by Rock and Rail, LLC to review a third -party sound level survey presentation submitted to Weld County on June 11th, 2020. This sound level survey presentation was created by the Homeowner's Association (HOA) of Indianhead Estates located in Johnstown, CO. The presentation was submitted as a supporting document in opposition to the pending rezoning application for the Kelim Offload Facility. The presentation is titled Clear 34 Presentation — Oplinger and contains pictures, verbiage, and graphs alleging non -compliant operational activities of the Kelim Offload Facility. This includes dust emissions, light pollution, and a particular focus on facility operational noise. The presentation includes graphs of sound level data purportedly collected on various dates between June, 2019 and December, 2019 and again between April, 2020 and June, 2020 using a Digi-Sense Class 2 sound level meter. The data alleges violations of daytime and nighttime noise limits at a variety of times throughout the survey periods. The data provided in the presentation is unclear and or lacking in several ways. BAENC suggests that the following questions be posed to the HOA to provide better clarity regarding the data collected and the allegations levied against Rock and Rail, LLC: 1. Who conducted this survey? Was this done by a qualified third party? 2. Was the meter calibrated pre and post deployment for each deployment period by a certified hand-held calibrator? 3. Which municipal and or state code(s) was referenced for the measurement methodology? What this measurement methodology consistent for each survey period? 4. Where was the meter deployed? Was the meter deployed at the proper measurement location per CRS / Weld County standards. 5. It is mentioned that wind speed data was recorded. What this recorded for each survey period? How was sound level data recorded during high wind events accounted for and was it omitted? Was there a cutoff mph limit used to omit data? 6. What were the measurement metrics of the sound level meter during the survey period — dBA, fast or slow, Leg or Lmax, and what was the integration period? For example, it could be dBA, fast, and 15 -min Leq. 7. In general, the lack of disclosure of the information listed above is not in line with "industry best practices" and may not be in line with code requirements. Regards, Andrew Truitt BAENC Senior Engineer Corporate Office: Hawthorne, California Carson, California ne Aledo, Texas ^' Napa California ^' Longmont, Colorado "%p McDonald, Pennsylvania Phone 800-679-8633 Fax 310-331-1538 www.environmental-noise-control.com -- www.drillingnoisecontrol.com 7,41 Alks July 16, 2020 STEWART ENVIRONMENTAL CONSULTING GROUP, LLC ENGINEERING FOR LIFE Mr. David Hagerman, Vice President -General Manager Rock & Rail, LLC 1627 Cole Blvd, Suite 200 Lakewood, CO 80401 Subject: Highway 34 Facility — Air Quality Issues Job No.: 4572-003 ACEC NIF:11.Br.R Stewart Environmental Consulting Group, LLC, (Stewart) has been retained to assist with the Planning and Zoning meeting at Weld County for the Highway 34 facility. This letter will respond to comments about possible health effects from concrete and asphalt emissions sources that I understand some speakers made at the recent Planning Commission hearing on Martin Marietta's application to rezone property. I authored a report in 2015 titled "Air Emission Assessments" discussing the potential emissions from the three processes (Concrete Production Facility, Aggregate Transload Facility, and Asphalt Paving Material Plant and associated facilities) using accepted EPA and CDPHE methodology. My report found that emissions calculated on a worst -case basis met all applicable air quality standards administered by CDPHE in the permitting and enforcement process for the National Ambient Air Quality Standards under the Clean Air Act. Those standards themselves contain a wide margin for safety in both health and nuisance contexts. My report then concluded that the standards would be met with an additional, significant margin of safety. I also wrote a letter responding to comments by David Kisker on my report. I concluded that none of Mr. Kisker's comments changed my finding that emissions from this facility would meet all applicable air quality standards, usually by a significant margin. Since my original report and letter Martin Marietta has submitted detailed applications for and received air quality permits for these ready -mix and asphalt emission sources'. I have updated the findings in my prior report with the actual permit application data. Using data from Martin Marietta's submitted and approved applications, I 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 Clean Air Act and the National Ambient Air Quality Standard The Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS) for pollutants considered harmful to public health and the environment when above certain limits. This act was originally passed in 1970 and has been updated every few years since then. EPA delegates enforcement of those standards, including the issuance of air quality permits, to states such as Colorado. 1 16WE0688 Air Permit, 16WE0689 Air Permit, 17WE0578 Air Permit - Colorado Department of Public Health and Environment - Air Quality Division 748 WHALERS WAY, SUITE 210 I FORT COLLINS, COLORADO BOS2S I 970.226.5500 I F: 970.226.4946 I ti': STEWARTENV.COM CONSULTING ENGINEERS AND SCIENTISTS Mr. David Hagerman Rock & Rail, LLC Page 2 of 3 July 16, 2020 EPA has set NAAQS for six principal pollutants, which are called criteria pollutants. The criteria pollutants relevant to the MMM Highway 34 Facilities are carbon monoxide, nitrogen dioxide, volatile organic compounds, particle pollution, and sulfur dioxide. Hazardous air pollutants (HAP's), also known as toxic air pollutants or air toxics, are those pollutants that cause or may cause cancer or other serious health effects or adverse environmental and e cological effects above certain limits. EPA is required to control 187 hazardous air pollutants. The source of HAPs from the Highway 34 Facility is the asphalt plant. At the outset it is worth noting that the asphalt plant is not classified by EPA as a major source of emissions (over 10 tons per year of a single HAP compound or 25 tons per year of combined HAP's). Emissions from the Highway 34 Facility were estimated in part using an EPA document titled AP -42, Compilation of Air Pollutant Emission Factors. This document, now in use for over three decades, is the primary compilation of EPA's e mission factors and process information for more than 200 air pollution source categories. A source category is a specific industry sector or group of similar emitting sources. EPA's emission factors have been developed and compiled from source test data, material balance studies, and engineering estimates. As a requirement of the CAA, the EPA is required to review the NAAQS standards (approximately every 2 to 3 years) to determine if they need to be revised. It last revisited the NAAQS standard applicable to the sources at issue in this rezoning various time between 2011 and 2019 (depending on the compound). When EPA revisits a standard it does extensive research to determine whether that standard should be changed and if so, what the new standard should be. As a part of that process EPA consults its Clean Air Scientific Advisory Committee (CASAC), which was created by amendments to the Clean Air Act in 1977. CASAC "addresses research related to air quality, sources of air pollution, and the strategies to attain and maintain air quality standards and to prevent significant deterioration of air quality. I discuss the setting of NAAQS standards to emphasize that they are the result of careful research and peer review over decades since the CASAC was established. Further, when EPA changes a NAAQS standard it publishes the proposed change in the Federal Register, explaining why it is revisiting a standard and why it has selected the new standard. EPA explains in that publication that the standard it sets is to protect against health and nuisance impacts from particulate matter, with a margin of safety. Current Operation In 2016 and 2017, the facility obtained the 3 permits referenced earlier in this letter. These permits were issued as a result of significant modeling by Trinity Consultants of Denver Colorado and significant review by the Air Quality Control Division staff. As a result of this modeling and review, CDPHE issued the applicable permits to the facility. The facility was required to do initial testing and self -certification as part of the permitting process. The facility has met all the permit requirements and is in full compliance with the permit. There have not been any ✓ iolations issued to the facility by the State of Colorado. 2 EPA Clean Air Scientific Advisory Committee - https://yosemite.epa.gov/sab/sabpeople.nsf/WebCommittees/CASAC STEWART ENVIRONMENTAL CONSULTING GROUP, LLC Mr David Hagerman Rock & Rail, LLC Page 3 of 3 July 16, 2020 Conclusion Rock and Rail, LLC has permitted and operated the facility at Highway 34 in Weld County Colorado in compliance with the US EPA regulations and the State of Colorado requirements There have not been any air quality violations associated with this facility The proposed,asphalt facility, if constructed and operated in accordance with permit requirements, will meet NAAQS standards and is not a hazard to health Please contact us if you require any additional information Sincerely, STEWART ENVIRONMENTAL CONSULTING GROUP, LLC &,_9 g_aii-- David R Stewart, PhD, PE President July 16, 2020 STEWART ENVIRONMENTAL CONSULTING GROUP LLC IVSTEWART ENVIRONMENTAL CONSULTANTS, LLC ENGINEERING FOR LIFE April 1, 2015 Mr. James Sharn Martin Marietta Materials 10170 Church Ranch Way, Suite 201 Westminster, Colorado 80021 Subject: Assessment of Air Emissions Martin Marietta Materials Facilities on Highway 34, Weld County, Colorado Project No.: 4572.003 Dear Mr. Sharn: ACEC MEMBER Stewart Environmental Consultants, LLC is pleased to provide the enclosed Air Emissions Assessment performed at Martin Marietta Materials Facilities, U.S. Highway 34, Weld County, Colorado. Results of our assessment are described in the report. We appreciate the opportunity to be of service and look forward to working with you in the future. If you have any questions or comments relative to this report, please contact our office. Sincerely, STEWART ENVIRONMENTAL CONSULTANTS, LLC David R. Stewart President and CEO Enc. 3801 AUTOMATION WAY, SUITE 200 I FORT COLLINS, COLORADO 80525 I T : 9'70.226. 5500 I F: 970.226.4946 I `v', . STEWARTENV.COM CONSULTING ENGINEERS AND SCIENTISTS „ STEWART ENVIRONMENTAL 1r s. CONSULTANTS, LLC ENGINEERING FOR LIFE ACEC MEMBER Air Emissions Assessment performed at Martin Marietta Facilities U.S. Highway 34, Weld County, Colorado Prepared for: Martin Marietta Materials Prepared by: Stewart Environmental Consultants, LLC Consulting Engineers and Scientists Fort Collins, Colorado April 2015 3801 AUTOMATION WAY, SUITE 200 I FORT COLLINS, COLORADO 80525 I T : 970.226.5500 I r : 970.226.4946 I STEWARTENV.COM CONSULTING ENGINEERS AND SCIENTISTS Table of Contents Page 1 0 INTRODUCTION .. 4 1 1 Background 1 2 Overview of MMM Site Operations 1 2 1 Asphalt Plant 1 2 2 Ready Mix Plant 1 2 3 Asphalt Recycling 4 4 4 4 5 2 0 REVIEW OF EMISSION ESTIMATES . 5 2 1 Asphalt Plant Emissions 2 2 Ready Mix Plant Emissions 2 3 Asphalt Recycling Emissions 2 4 Facility Wide Emissions 5 6 7 8 3 0 DISPERSION MODELING AND RELATED HEALTH EFFECTS 9 3 1 Dispersion Model 3 2 Modeling CO Dispersion from Asphalt Plant and Asphalt Recycling 3 3 Modeling HAP Dispersion from Asphalt Plant and Asphalt Recycling 9 9 10 4.0 SUMMARY & CONCLUSIONS .... ..... .... . 12 FIGURES Figure 1 Site Location Air Emissions Assessment Martin Marietta Materials U S Highway 34 Facilities Page 3 of 14 STEWART ENVIRONMENTAL CONSULTANTS LLC 1 0 INTRODUCTION 1 1 Background Martin Marietta Materials (MMM) is planning the operation of a hot mix asphalt plant, a concrete ready mix plant, and asphalt recycling (Highway 34 Facility) just outside the community of Kelim, Colorado, located in Weld County The site is located to the southeast of the intersection of U S Highway 34 and Weld County Road 13 The Highway 34 Facilities will also contain a rail unloading facility, AC storage, a wash plant, aggregate sales, and a portable recycle plant MMM has requested the services of Stewart Environmental Consultants, LLC (Stewart) to assess the estimated air pollution from the proposed facilities Stewart has been assigned the following work, which is documented in this technical report • Review Air Emissions Inventory • Review Air Dispersion Modeling • Assess Potential Public Health Impacts of Criteria Pollutant and Hazardous Air Pollutant (HAP) Emissions • Summarize Findings in a Technical Report 1 2 Overview of MMM Site Operations The area immediately surrounding the Highway 34 Facility is semi -rural in character, with a few residences surrounding the (property and a residential housing development located to the northeast An image of the site from Google Earth is shown in Figure 1 1 2 1 Asphalt Plant The asphalt plant is a parallel -flow drum mix plant fired on natural gas with a maximum capacity of 450,000 tons/year The asphalt plant produces "warm mix" asphalt, which is a combination of liquid asphalt cement, aggregate, sand, asphalt binder, and recycled asphalt pavement (RAP) A "warm mix" plant operates at temperatures of less than 300 degrees F, which is 30-70 degrees F cooler than a more conventional "hot mix" plant The "warm mix" plant consumes about 20 percent less fuel 1 2 2 Ready Mix Plant Ready mix refers to concrete that is batched for delivery from a central plant instead of being mixed on the job site Each batch of ready mixed concrete is tailor-made according to the specifics of the contractor and is delivered to the contractor in a plastic condition, usually in the cement mixers Ready mixed concrete is particularly advantageous when small quantities of concrete or intermittent placing of concrete are required Ready mixed concrete is also ideal for large jobs where space is limited and there is little room for a mixing plant and aggregate stockpiles Ready -mixed concrete is often remixed once it arrives at the jobsite to ensure that the proper slump is obtained However, concrete that has been remixed tends to set more rapidly than concrete mixed only once Materials, such as water and some varieties of admixtures, are often added to the concrete at the jobsite after it has been batched to ensure that the specified properties are attained before placement The ready mix plant has a maximum capacity of 325,000 cubic yards per year Air Emissions Assessment Martin Marietta Materials U S Highway 34 Facilities Page 4 of 14 STEWART ENVIRONMENTAL CONSULTANTS, LLC 1 2 3 Asphalt Recycling Similar to the asphalt plant, 90,000 tons/yr of recycled asphalt will be processed on site Approximately 20 percent of the recycled asphalt will be fed to the "warm mix" asphalt plant The emissions for the recycled asphalt facility are calculated separate from the asphalt plant emissions, as the recycle plant will not be run at the same frequency 2 0 REVIEW OF EMISSION ESTIMATES The Clean Air Act requires the U S Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS) for pollutants considered harmful to public health and the environment above certain limits EPA has set NAAQS for six principal pollutants, which are called criteria pollutants carbon monoxide, lead, nitrogen dioxide, ozone, particle pollution, and sulfur dioxide The criteria pollutants of concern from the MMM Highway 34 Facilities are carbon monoxide, nitrogen dioxide, volatile organic compounds, particle pollution, and sulfur dioxide Hazardous air pollutants (HAP), also known as toxic air pollutants or air toxics, are those pollutants that cause or may cause cancer or other serious health effects, such as reproductive effects or birth defects, or adverse environmental and ecological effects above certain limits EPA is required to control 187 hazardous air pollutants The sources of HAPs from the Highway 34 Facility is the asphalt plant and the recycled asphalt plant Emissions from the Highway 34 Facility were estimated using in part using emission factors The EPA document titled, AP -42, Compilation of Air Pollutant Emission Factors, is the primary compilation of EPA's emission factor information It contains emission factors and process information for more than 200 air pollution source categories A source category is a specific industry sector or group of similar emitting sources The emission factors have been developed and compiled from source test data, material balance studies, and engineering estimates 2 1 Asphalt Plant Emissions Emissions from asphalt plants are generally divided into ducted production emissions, pre -production fugitive dust emissions, and other production -related fugitive emissions The asphalt plant is a parallel -flow drum mix plant fired on natural gas The most significant ducted source of emissions from this type of plant is the rotary drum dryer Emissions from the drum consist of water, PM, products of combustion, CO, and small amounts of organic compounds of various species (including VOC, CH4, and HAP) Pre -production fugitive dust sources associated with asphalt plants include vehicular traffic generating fugitive dust on paved and unpaved roads, aggregate material handling, and other aggregate processing operations Production related fugitive emission sources include the transport and handling of the asphalt from the drum mixer to the storage silo and also from the load -out operations to the delivery trucks Since the drum process is continuous, these plants have surge bins or storage silos Table 1 summarizes the estimated criteria pollutant emissions from the asphalt plant as estimated using the appropriate emission factor from AP -42 and the plant maximum production rate of 450,000 tons/yr An emission Air Emissions Assessment U S Highway 34 Facilities Martin Marietta Materials Page 5 of 14 STEWART ENVIRONMENTAL CONSULTANTS, LLC factor for PM2 5 is not directly listed in AP -42, but AP -42 gives a PM2 5 fraction of 5 5% for the uncontrolled , emissions Table 1- Estimated Criteria Pollutant Emissions from Asphalt Plant Criteria Pollutant -' - Emissions from Drum Dryer (tpy) ° Emissions from Truck Load -out (tpy) Emission from Silo, Filling (tpy) Total Emissions (tpy) PM 3 89 0 09 0 11 4 09 PM10 1 17 -- -- 1 17 PM25 082 -- -- 082 CO 52 2 0 24 0 21 52 66 NOx 4 68 -- -- 4 68 SO2 0 61 -- -- 0 61 VOC 5 76 -- -- 5 76 Table 2 summarizes the estimated HAP emissions from the asphalt plant Please note that HAP emissions are reported In pounds whereas the other pollutant emissions are listed in tons The HAP emissions were calculated using the maximum production rate of 450,000 tons/yr and the appropriate AP -42 emission factors Table 2 - Estimated HAP Emissions from Asphalt Plant HAP , Emissions from Drum Dryer (Ib/yr) Benzene 140 Ethylbenzene 86 Formaldehyde 1,116 Hexane 331 Toluene 54 Xylene 72 2 2 Ready Mix Plant Emissions The primary pollutant of concern from ready mix plants is particulate matter, consisting primarily of cement and pozzolan dust but includes some aggregate and sand dust emissions Emissions of select metals are associated with this particulate matter All but one of the emission points are fugitive in nature The only point sources are the transfer of cement and pozzolan material to silos, and these are usually vented to a fabric filter Fugitive sources include the transfer of sand and aggregate, truck loading, mixer loading, vehicle traffic, and wind erosion from sand and aggregate storage piles The amount of fugitive emissions generated during the transfer of sand and aggregate depends primarily on the surface moisture content of these materials Table 3 summarizes the estimated emissions from the ready mix plant as estimated using the appropriate emission factors from AP -42 and the plant maximum production rate of 325,000 cubic yards per year The emissions were calculated using the AP -42 emission factors for plant wide emissions for central mix concrete Air Emissions Assessment Martin Marietta Materials U S Highway 34 Facilities Page 6 of 14 STEWART ENVIRONMENTAL CONSULTANTS LLD Table 3 - Estimated Criteria Pollutant Emissions from Ready Mix Plant Source Emission Type ' ` Controlled - AP -42 - - Emission Factor (lb/ton) Controlled - AP -42 Emissions (tpy) PM ' - PM10 PM ' ,PM10 - Aggregate transfer fugitive 0 0069 0 0033 2 26 1 08 Sand transfer fugitive 0 0021 0 00099 0 69 0 32 Cement unloading to silo point 0 00099 0 00034 0 32 0 11 Cement supplement unloading to silo point 0 0089 0 0049 2 91 1 60 Weigh hopper loading fugitive 0 0048 0 0028 1 57 0 92 Mixer loading fugitive 0 0184 0 0055 6 02 1 80 Fugitive (tpy) 10 53 4 12 Point (tpy) 3 23 1 71 Total (tpy) 13 76 5 83 The values provided in Table 3 summarize the emissions generated from the ready mix operations, truck traffic is not accounted for Wind erosion has not been factored in at this time 2 3 Asphalt Recycling Emissions As previously discussed, emissions from asphalt plants are generally divided into ducted production emissions, pre- production fugitive dust emissions, and other production -related fugitive emissions When the recycled material is processed, the emissions from the drum will also consist of water, organics, combustion byproducts, CO, and PM The pre -production fugitive dust sources will include vehicular traffic and material handling Other process fugitive emissions will result from transport and handling of the recycled material Table 4 illustrates the anticipated emissions from the recycling of asphalt, when assuming that 20 percent of the 450,000 tons/year of recycled material will be re -processed through the "warm mix" asphalt plant The same AP -42 emission factors were used to calculate these emissions Table 4 - Estimated Criteria Pollutant Emissions from Asphalt Recycling Cr`rtena Pollutant - 2 Emissions from , , Drum Dryer (tpy) " Emissions from , Truck Load -out (tpy) Emission from Silo Filling (tpy) z Total Emissions , (tpy) PM 0 97 0 02 0 03 1 02 PM10 0 29 -- -- 0 29 PM2 5 0 20 -- -- 0 20 CO 13 05 0 06 0 05 13 16 NOx 1 17 -- -- 1 17 5O2 0 15 -- -- 0 15 VOC 144 -- -- 144 Table 5 lists the estimated HAP emissions from the recycled asphalt operations These emissions were calculated assuming maximum throughput of 90,000 tons/year and the appropriate AP -42 emission factors Air Emissions Assessment U S Highway 34 Facilities Martin Marietta Materials Page 7 of 14 STEWART ENVIRONMENTAL CONSULTANTS LLC Table 5 - Estimated HAP Emissions from Asphalt Recycling HAP : _ - Emissions from Drum Dryer (Ib/yr) ' - Benzene 35 1 Ethylbenzene 216 Formaldehyde 279 0 Hexane 82 8 Toluene 13 5 Xylene 18 0 2 4 Facility Wide Emissions The total estimated emissions from the Highway 34 Facility are summarized in Table 6 and Table 7 Table 6 - Estimated Criteria Pollutant Emissions from Highway 34 Facility Criteria Pollutant - - ,% Asphalt Plant (VW =Asphalt- Recycling (tpy) r Ready Mix ',-Total Plant (tpy) Emissionsr, ' (tPY) Total PM 409 102 1376 1888 Total PM10 1 17 0 29 5 83 7 29 PM2 5 0 82 0 20 n/a 1 02 CO 52 66 13 16 n/a 65 82 NOx 4 68 1 17 n/a 5 85 SO2 0 61 0 15 n/a 0 77 VOC 5 76 144 n/a 7 20 Table 7 - Estimated HAP Emissions from Highway 34 Facility rAAP -- ' Asphalt PlantiIb/yr) ` 'Asphalt Recycling (lb/yr) ;_ Total Emissions (Ib/yr) _ Benzene 140 35 1 176 Ethylbenzene 86 216 108 Formaldehyde 1116 279 0 1395 Hexane 331 82 8 414 Toluene 54 13 5 68 Xylene 72 18 0 90 Air Emissions Assessment U S Highway 34 Facilities Martin Marietta Materials Page 8 of 14 STEWART ENVIRONMENTAL CONSULTANTS LLC 3 0 DISPERSION MODELING AND RELATED HEALTH EFFECTS 3 1 Dispersion Model The EPA AERSCREEN model is the recommended screening model for air pollutant dispersion estimations The model produces estimates of "worst -case" 1 -hour concentrations for a single source and includes conversion factors to estimate "worst -case" 3 -hour, 8 -hour, 24 -hour, and annual concentrations Stewart conducted air quality dispersion modeling using the AERSCREEN model (Version 11126) The AERSCREEN model was run using a unit emission rate of 1 0 grams per second This allowed the results were then adjusted to the actual emission rate by multiplying the AERSCREEN output by the emission rate in grams per second This accounts for the relationship in the model that pollutant concentrations are linearly proportional to the emissions rate The AERSCREEN output files will be provided upon request 3 2 Modeling CO Dispersion from Asphalt Plant and Asphalt Recycling AERSCREEN was modeled by using a unit emission rate (1 0 grams per second) The modeling results were then adjusted to the actual CO emission rate by multiplying the AERSCREEN model output by the emission rate in grams per second The CO emission rate was determined by multiplying the maximum capacity and the applicable emission factor This methodology accounts for the known relationship in the model that concentrations are linearly proportional to the emissions rate The AERSCREEN modeling result was then added to a "background" concentration, which accounts for ambient concentrations attributable any regional pollutant sources not explicitly included in the modeling Ambient monitoring data collected over the period 2009-2015 at a Greeley monitor (905 10th Avenue) was used to determine the "background" The model results are compared to the NAAQS in Table 8 Table 8 — AERSCREEN CO Estimates and NAAQS Values Impact ' Adjusted AERSCREEN Concentration from , Asphalt Plant (ug/m3) Adjusted AERSCREEN Concentration from Asphalt Recycling (ug/m3) Background Concentration (ug/m3) Total Concentration (ug/m3) NAAQS 3 (ug/m ) 1 -hour 1,966 109 2,941 5,016 40,000 8 -hour 1,769 98 2,500 4,367 10,000 The dispersion modeling results shows that the predicted CO concentration using AERSCREEN complies with the NAAQS There is ample conservatism in the modeling analysis such that there is high confidence that the NAAQS would not be exceeded Air Emissions Assessment U S Highway 34 Facilities Martin Marietta Materials Page 9 of 14 STEWART ENVIRONMENTAL CONSULTANTS LLC 3 3 Modeling HAP Dispersion from Asphalt Plant and Asphalt Recycling Stewart conducted an assessment of the public health impacts associated with the reported HAP emissions from the asphalt plant and asphalt recycling The HAP modeling analysis was conducted using the modeling results from the AERSCREEN model The results for each HAP of interest were determined using the unit emissions rate modeling by multiplying the AERSCREEN modeling results by the appropriate emissions data for the HAP pollutant of interest Stewart's analysis reports emissions for the following HAPs benzene, ethylbenzene, formaldehyde, hexane, toluene, and xylene The HAP modeling was conducted for two receptors near the Highway 34 Facility where people are known to live and/or congregate The locations are the Highway 34 Facility boundary and the nearest home within the Indianhead Estates neighborhood (south of U S 34 and west of Weld County Road 15) The HAP modeling analysis considered both acute (short-term) and chronic (long-term) health effects of the pollutants of interest for both locations For the acute effects analysis, Stewart estimated the maximum 1 -hour concentration of each HAP and for the chronic effects analysis Stewart estimated the maximum annual average concentrations for each HAP The emission estimates at each location were compared to the EPA Safe Concentration Thresholds and Reference Exposure Levels (RELs) for the State of California's Office of Environmental Health Hazard Assessment (OEHHA) California has instituted the most stringent emission policies in the country, and the Highway 34 Facility complies with and is well below those levels Table 9 shows that the estimated HAP emissions near the property boundary are within both the EPA Safe Concentration Thresholds and the OEHHA RELs The combined asphalt plant and recycled asphalt plant emissions show acute and chronic impacts well below the safe concentration thresholds When above the EPA acute and chronic threshold concentrations of 1300 ug/m3 and 7 8 ug/m3, respectively, benzene has been linked to damage of the hematologic and nervous system and has also been shown to hinder development The maximum acute and chronic impacts of benzene near the property boundary were found to be 1 78 ug/m3 and 0 18 ug/m3 respectively Therefore, the level of benzene emissions is not an issue from an environmental compliance standpoint The maximum impact of ethlybenzene emissions were also found to be substantially lower than both the EPA safe concentration thresholds and the OEHHA RELs These acute and chronic emissions were estimated at 1 10 and 0 11 ug/m3, which are well below the EPA safe concentration thresholds of 140,000 and 2 5 ug/m3 When above the REL, ethylbenzene has been linked to kidney, liver, endocrine system, and developmental issues However, the modeled ethylbenzene emissions are more than 20 times below this permissible level Therefore, the level of ethlybenzene emissions is not an issue from an environmental compliance standpoint The calculated formaldehyde maximum acute and chronic impacts were found to be 1414 ug/m3 and 141 ug/m3 These values are significantly less than the EPA acute and chronic thresholds of 55 ug/m3 and 13 ug/m3 These values are also substantially less than the OEHHA RELs Therefore, the level of formaldehyde emissions is not an issue from an environmental compliance standpoint Acute and chronic maximum impacts of hexane were found to be 4 20 ug/m3 and 0 42 ug/m3 The chronic value is orders of magnitude less than the OEHHA REL of 7,000 ug/m3 Therefore, the level of hexane emissions is not an issue from an environmental compliance standpoint Air Emissions Assessment Martin Marietta Materials U S Highway 34 Facilities Page 10 of 14 STEWART ENVIRONMENTAL CONSULTANTS, LLC The maximum acute and chronic impacts of toluene were calculated to be 0 68 ug/m3 and 0 07 ug/m3 The EPA safe acute and chronic safe concentrations are set at 37,000 ug/m3 and 5000 ug/m3 The impacts calculated are much lower than the OEHHA RELs of 37,000 ug/m3 and 300 ug/m3 Therefore, the level of toluene emissions is not an issue from an environmental compliance standpoint The model estimated acute and chronic xylene maximum impacts of 0 91 ug/m3 and 0 09 ug/m3 OEHHA set acute and chronic RELs at 22,000 ug/m3 and 700 ug/m3 The predicted impacts are well below both exposure limits Therefore, the level of xylene emissions is not an issue from an environmental compliance standpoint Table 9 Impacts at Facility Property Boundary - Acute Impacts - Chronic Impacts = Pollutant , ' - Calculated Max 1 -hr ' s Impact (ug/m3) (Highway 34 Site) EPA Safe Concentration 3 '_ Threshold (ug/m3) -_ California' OEHHA REL 3 (ug/m) Calculated Max Annual Impact a (ug/m ) (Highway 34 Site) EPA -Safe Concentration Threshold a `(ug/rn) - California OEHHA REL , s (ug/m ) Benzene 1 78 1300 1300 0 18 7 8 60 Ethylbenzene 1 10 140000 0 11 2 5 2000 Formaldehyde 1414 55 55 141 13 9 Hexane 4 20 0 42 7000 Toluene 0 68 37000 37000 0 07 5000 300 Xylene 0 91 22000 0 09 700 Table 10 shows that the estimated HAP emissions at the nearest residence in Indianhead Estates are within both the EPA Safe Concentration Thresholds and the OEHHA RELs The maximum acute and chronic impacts of benzene near Indianhead Estates were found to be 140 ug/m3 and 014 ug/m3 respectively Therefore, the level of benzene emissions is not an issue from an environmental compliance standpoint These acute and chronic emissions of ethylbenzene were estimated at 0 86 and 0 09 ug/m3, which are well below the EPA safe concentration thresholds of 140,000 and 2 5 ug/m3 Therefore, the level of ethylbenzene emissions is not an issue from an environmental compliance standpoint The calculated formaldehyde maximum acute and chronic impacts were found to be 11 13 ug/m3 and 1 11 ug/m3 These values are significantly less than the EPA acute and chronic thresholds of 55 ug/m3 and 13 ug/m3 These values are also substantially less than the OEHHA RELs Therefore, the level of formaldehyde emissions is not an issue from an environmental compliance standpoint Acute and chronic maximum impacts of hexane were found to be 3 30 ug/m3 and 0 33 ug/m3 The chronic value is orders of magnitude less than the OEHHA REL of 7,000 ug/m3 Therefore, the level of hexane emissions is not an issue from an environmental compliance standpoint Air Emissions Assessment Martin Marietta Materials U S Highway 34 Facilities Page 11 of 14 STEWART ENVIRONMENTAL CONSULTANTS LLD The maximum acute and chronic impacts of toluene were calculated to be 0 54 ug/m3 and 0 05 ug/m3 The EPA safe acute and chronic safe concentrations are set at 37,000 ug/m3 and 5,000 ug/m3 The impacts calculated are much lower than the OEHHA RELs of 37,000 ug/m3 and 300 ug/m3 Therefore, the level of toluene emissions is not an issue from an environmental compliance standpoint The estimated acute and chronic xylene maximum impacts are 0 72 ug/m3 and 0 07 ug/m3 OEHHA set acute and chronic RELs at 22,000 ug/m3 and 700 ug/m3 The estimated impacts are well below both exposure limits Therefore, the level of xylene emissions is not an issue from an environmental compliance standpoint Table 10 Impacts at Nearest Residence in Indianhead Estates Acute Impacts Chronic Impacts Pollutant 'Calculated Max 1 -hr ' a Impact (ug/m ) (Highwiy 34 Site) _ EPA Safe Concentration Threshold (ug/m3 ) California OEHHA REL , (ug/ma )_ Calculated Max Annual Impact (ug/ma) (Highway 34 Site) EPA Safe Concentration Threshold a (ug/m3) ) California OEHHA REL s - (ug/m ) Benzene 140 1,300 1,300 0 14 7 8 60 Ethylbenzene 0 86 140,000 0 09 2 5 2,000 / Formaldehyde 1113 55 55 111 13 9 Hexane 3 30 0 33 7,000 Toluene 0 54 37,000 37,000 0 05 5000 300 Xylene 0 72 22,000 22,000 0 07 700 Table 9 and Table 10 show that the HAP concentrations at the property boundary and at the nearest residence in Indianhead Estates are within both the EPA Safe Concentration Threshold and RELs for the State of California's OEHHA 4.0 SUMMARY & CONCLUSIONS MMM is planning the operation of a hot mix asphalt plant, a concrete ready mix plant and asphalt recycling in Weld County, Colorado to the southeast of the intersection of US Highway 34 and Weld County Road 13 The asphalt plant has a maximum production rate of 450,000 tpy, the ready mix plant has a maximum production rate of 325,000 yd3/yr, and approximately 90,000 tpy of asphalt will be recycled The facility wide emissions from the Highway 34 Facility are presented in Table 6 and Table 7 of this report Stewart conducted an assessment of the public health impacts associated with the reported HAP emissions from the asphalt plant and asphalt recycling The HAP modeling analysis was conducted using the modeling results from the AERSCREEN model Stewart's analysis reports emissions for the following HAPs benzene, ethylbenzene, formaldehyde, hexane, toluene, and xylene The HAP modeling was conducted for two receptors near the Highway 34 Facility where people are known to live and/or congregate The locations are the Highway 34 Facility boundary and the nearest home within the Indianhead Estates neighborhood (south of U S Highway 34 and west of Weld County Road 15) The HAP modeling analysis prepared by Stewart considered both acute (short-term) and chronic (long-term) health effects of the pollutant of interest For the acute effects analysis, Stewart estimated the maximum 1 -hour Air Emissions Assessment Martin Marietta Materials U S Highway 34 Facilities Page 12 of 14 STEWART ENVIRONMENTAL CONSULTANTS LLC concentration of each HAP and for the chronic effects analysis Stewart estimated the maximum annual average concentrations for each HAP As shown in Table 10 the HAP emissions included benzene, ethylbenzene, formaldehyde, hexane, toluene, and xylenes The HAP values are well below both the EPA Safe Concentration Threshold and Reference Exposure Levels (RELs) for the State of California's Office of Environmental Health Hazard Assessment (OEHHA) California has instituted the most stringent emission policies in the country, and the Highway 34 Facility complies with those levels Our conclusion is that this facility will not negatively impact the surrounding environment or affect human health as it will meet all environmental standards Air Emissions Assessment Martin Marietta Materials U S Highway 34 Facilities Page 13 of 14, STEWART ENVIRONMENTAL CONSULTANTS LLC Figure -"1 Site Locat►ort Air Emissions Assessment Martin Marietta Material`s U S Highway 34 Facilities Page 14 of 14 STEWART ENVIRONMENTAL CONSULTANTS, LLD • GogLe earth miles 1 1 A In) TETRA TECH TECHNICAL MEMO HIGHWAY 34 DEVELOPMENT Review of Stormwater and Groundwater Quality and Quantity July 16, 2020 The purpose of this technical memorandum is to present a discussion of the water quality and quantity protective measures implemented by Rock and Rail LLC (Rock and Rail) at the Highway 34 Development site. The Highway 34 Development site complies with the applicable local, State, and Federal regulations for protection of the public health and environment. The Highway 34 Development: • Reduces the peak runoff from the site from 83.26 cfs (undeveloped condition) to 15.52 cfs (developed condition • Cannot contaminate the Reorganized Farmers Ditch and several laterals, which are located upslope of the site • Monitors water quality in accordance with CDPHE discharge permit requirements, which are designed to be protective of the public health and environment. • Has implemented a Spill Prevention, Controls, and Countermeasures Plan in accordance with Federal requirements. 1.0 WATER QUANTITY 1.1 HISTORIC CONDITIONS The Highway 34 Development site is located on an approximately 131 -acre parcel located east of Weld County Road (WCR) 13, one-half mile south of Highway 34, and north of WCR 56 in Weld County. Prior to its development, the site was mixed -use with a construction yard on the western property boundary and agricultural uses on the remainder of the property. Historically, drainage at the Highway 34 site area sheet -flowed to the southwest across the agricultural field. Runoff was then directed to the southeast along the existing rail line to the southern portion of the Highway 34 development site at Weld County Road 56. This location, Point of Analysis (POA) A, was selected as the historic drainage point for analysis. POA A is the historic discharge point for drainage from the project area and is located on the south side of the site. The historic area presented in the Final Drainage Report for Highway 34 Development, January 2017 matches the on -site areas for direct comparison of runoff in the pre- and post -project conditions. The historic flows presented in Table 1 are based upon undeveloped conditions. Weld County Code requires that new developments reduce the runoff rate to the historic 10 -year peak flow amount. With the proposed development, the maximum allowable runoff from the site would be 19.60 cfs or less, using detention ponds in accordance with the Weld County Code. Without the drainage infrastructure within the development, runoff rates from storms with return intervals greater than 10 years would be much higher. For example, if the site were undeveloped, the 100 -year storm event runoff would be approximately 83.26 cfs which is more than four times the runoff that would be allowed from the Highway 34 Development site in its presently - developed condition. Tetra Tech 1900 South Sunset Street, Suite 1-E, Longmont, CO 80501 Tel 303-772-5282 Fax 303-772-7039 www.tetratech.com l TETRA TECH Review of Stormwater and Groundwater Quality and Quantity July 16. 2020 Table 1. Historic Peak Flows Basin ID Acres Peak Flow 10 -Year (cfs) Peak Flow 100 -Year (cfs) POA A 100.18 19.60 83.26 1.2 OFF -SITE DRAINAGE PATTERNS Some offsite upslope areas historically drained through the project site. In the drainage analysis, off -site Basins OS -1A, OS -1B. OS -1C, and OS -1D drained to POA Al located at the intersection of the rail line and WCR 56. Runoff from these offsite basins is now routed around the site development through drainage channels and discharged from the site at POA A matching the pre -project drainage patterns. Off -site Basin OS -2 is located northeast of the Highway 34 site and in general. drains to the southwest. Runoff from this basin is now routed around the site through an off -site drainage channel. Runoff from Basin OS -2 will discharge to POA B, which is located on the southeast side of the site, adjacent to Koenig Reservoir. Only runoff from off -site drainage basin OS -2 drains to POA B. Offsite basins do not commingle with on -site runoff from the site development area. Offsite flows are routed around the site and returned to their historic discharge location. The development of the Highway 34 site has no impact on the flow rates for the offsite basins. 1.3 ON -SITE DRAINAGE AND DETENTION A system of stormwater inlets, storm sewers, culverts, and drainage channels has been designed to convey runoff from the 100 -year storm event in the developed condition. The on -site drainage features will convey stormwater flows through the site development within the railroad loop to one of the three detention ponds located on -site. Detention ponds both provide for both peak flow runoff reduction and passive water quality treatment. This section discusses peak flow reduction capabilities. Water quality is discussed in Section 2. There are three detention ponds located within the site to capture runoff. Detention Pond A is in the northwest corner of the site and collects runoff from the northwest corner of the site and a portion of the site development inside the railroad loop. Detention Pond B is located in the southeast portion of the site and collects runoff for the majority of the site that is located within the railroad loop Detention Pond C is located in the southern part of the site, outside of the railroad loop and collects runoff from the remaining portion of the site within the railroad loop and the area outside of the railroad loop on the south side of the site. The site detention ponds are designed to capture the entire 100 -year runoff volume from the developed areas. The outlets of the detention ponds are valved to prevent runoff from leaving the detention ponds prior to inspection for water quality purposes. The valved outlet is considered a Best Management Practice (BMP). The outlets are also designed to limit the outflow rates to not exceed the 10 -year historic peak flow rate at POA A. The maximum combined release rate for the site draining to POA A (detention ponds and basin OS -1D) is 15.52 cfs. This release rate is approximately 20 percent lower than the requirements for release stipulated in Weld County Code (Table 1). There has been only one discharge from the site since the start of construction, which occurred while the drainage facilities were under construction. Discharges during construction are covered under the separate CDPS General Permit COR030000 for Stormwater Discharges Associated with Construction Activities. Since the completion of construction, there have been no discharges from the site. Page 215 TETRA TECH Review of Stormwater and Groundwater Quality and Quantity July 16, 2020 1.4 SUMMARY OF WATER QUANTITY ANALYSIS The Highway 34 Development water management plan meets or exceeds the requirements of Weld County Code by: • Reducing the runoff rate to less than that of a 10 -year historic storm event. • The detention ponds are valved closed to allow for inspection prior to release as a Best Management Practice. • Offsite runoff is diverted around the site and discharged in its historic location. 2.0 WATER QUALITY 2.1 DETENTION PONDS Detention ponds provide water quality improvement through passive treatment methods. Debris is screened out as it passes through a screening grate or water quality plate that is integrated onto the outlet structure. Sediment settles out with a combination of holding time and slow release from the pond due to the water quality plate. 2.2 CDPS PERMIT The site currently operates under the authority of a Non -Extractive Industrial Activity Stormwater Discharge Permit (Certification No. COR901285) granted by the Colorado Department of Public Health and Environment (CDPHE). This certification is subject to the requirements of the Colorado Discharge Permit System (CDPS) General Permit for Stormwater Discharges Associated with Non -Extractive Industrial Activity COR900000. In accordance with the General Permit requirements, a Stormwater Management Plan (SWMP) has been developed and implemented at this site. Practice -based Effluent Limitations are required by the COR900000 permit. The Practice -based Effluent Limitations are memorialized in the SWMP and include the following procedures: • Good Housekeeping — Specific examples of good housekeeping activities include, but are not limited to sweeping areas that are exposed to stormwater runoff at regular intervals, storing materials in appropriate containers, picking up and disposing of waste materials regularly, conducting routine inspections for leaks and conditions of drums, tanks and containers, and routine cleanup operations • Maintenance — A preventative maintenance schedule is implemented to ensure all control measures remain in effective operating condition. Perimeter berms, storage tanks, and machinery and equipment are regularly inspected for integrity. Cleaning and maintenance are performed as needed in response to inspection results. • Spill Prevention and Response Procedures — Spill prevention and response procedures have been developed for each area of the site that poses the possibility of spills. • Employee Training — Annual training is conducted to educate employees, at all levels of responsibility, about the components and objectives of the stormwater management plan for the site. Training topics include spill prevention, spill response, good housekeeping techniques, materials management, sediment and erosion prevention, control measures in place, and proper maintenance and monitoring and inspection procedures. • Non-Stormwater Discharges - Process water is contained within the plant area and is diverted to wash out or wash down pits for recycling. In the event of a mechanical failure with the potential to allow a surface release, spill response, or emergency protocols will be implemented to mitigate the threat. The COR900000 permit sets the minimum requirements for testing for contaminants of concern for many industrial sectors, including the production of ready -mix concrete, asphalt pavement production, and aggregate stockpiling activities. Page 315 h l TETRA TECH Review of Stormwater and Groundwater Quality and Quantity July 16. 2020 The contaminants of concern and minimum requirements for testing are determined by the CDPHE in the General Permit. The primary criteria considered when the CDPHE issues a General Permit are whether the water quality standards therein are protective of public health and the environment. The CDPHE determined that the parameters listed in the General Permit have a reasonable potential to be present as a result of the specific activities. The CDPHE does not include testing requirements for other contaminants because they do not believe they have reasonable potential to be present. Discharges to groundwater can also be regulated by the CDPHE. Code of Colorado Regulations 5 CCR 1002- 61.8(3)p states that "The permit may contain requirements for design and implementation of a groundwater monitoring program. if necessary and reasonable to determine possible water quality impacts from the point source discharge." The CDPHE has not included any groundwater monitoring standards in the individual permit for this site. We can infer that exclusion of groundwater monitoring requirements means that the CDPHE considers the risk to be minimal. The contaminants which have a reasonable potential to be present for ready -mix concrete production, asphalt pavement production, and aggregate stockpiling activities at this site, as determined by the CDPHE. are specified as benchmark monitoring parameters and include: • Total Suspended Solids (sediment) • Iron When appropriate, the CDPHE also includes Water Quality -Based Effluent Limitations in Stormwater Discharge Permit to ensure discharges meet water quality standards in the receiving water body. The Highway 34 site discharges to the Big Thompson River (Segment COSPBT05), which the CDPHE considers impaired water for selenium. Consequently, the CDPHE included site -specific benchmark sampling and reporting for potentially dissolved selenium in the site's Stormwater Discharge Permit. Testing for oil and grease is not required in the Stormwater Discharge Permit but is visually monitored by Rock and Rail as necessary prior to any release of stormwater from the site. Oil and grease do not dissolve in water and are detectable as a visible sheen on the water surface. A visual inspection of the ponds for the presence of a sheen is performed prior to the release of water from the site. If oil and grease are detected, then the runoff is collected and disposed of in accordance with all applicable state and federal requirements. The CDPHE determines the sampling and testing frequency based on an evaluation of the site -specific activities. The testing and reporting frequencies for the contaminants of concern are specified by the CDPHE in the Stormwater Discharge Permit. The Highway 34 Developments Stormwater Discharge Permit specifies quarterly sampling and reporting. This frequency is reasonable because activities on this site are routine and there is no reasonable expectation for the water quality parameters to change significantly while the facility is active. This permit applies to this facility only. No other use may be added without updating the permit. Other industrial uses are subject to the requirements of the General Permit. If the site were to change to any other industrial use, then this use would be subject to review by the CDPHE and additional permitting requirements would be applicable based on reasonable potential for specific contaminants to be present. Like all facilities issued a discharge permit, the Highway 34 Development site is subject to unannounced inspections by the CDPHE to review all applicable documentation and onsite stormwater practices implemented at the site. 2.3 SPCC The Highway 34 Development site is required to have a Spill Preventions. Control, and Countermeasures (SPCC) Plan based on the amount of petroleum products stored on site. The SPCC Plan is required under Title 40, Code of Federal Regulations, Part 112 (40 CFR 112). Aboveground storage tanks on this site are also regulated by 7 Page 415 l TETRA TECH Review of Stormwater and Groundwater Quality and Quantity July 16, 2020 Colorado Code of Regulations (CCR) 1101-14, which meets or exceeds the Federal standards which are regularly inspected by Colorado Department of Labor and Employment. Division of Oil and Public Safety. An SPCC Plan requires detailed records of regulated petroleum products on site. On -site products covered by the SPCC include diesel fuel; off -road diesel fuel; fluids used for maintenance of machinery and equipment: and mineral fluid in electrical transformers. When added, the asphalt cement storage tank will be included in the SPCC Plan. The SPCC Plan is also regularly inspected by Colorado Department of Labor and Employment, Division of Oil and Public Safety. The SPCC Plan documents the secondary containment and other spill control features such as quick shut-off valves, leak detectors. and sumps. Secondary containment is provided to contain a potential release of a product from its primary holding tank. The secondary containment is required to have a capacity greater than the primary holding tank. The SPCC Plan also includes procedures for site personnel to implement countermeasures in the case of a spill. Site personnel are trained annually in the safe handling of materials and spill countermeasures. There are sorbent materials kept on -site in case of discharge. In the unlikely event that a spill was to reach the drainage facilities, fluids would be trapped by the closed valve in the detention pond in accordance with Best Management Practices If a spill were to occur, the SPCC Plan also includes reporting requirements in accordance with State and Federal requirements. Spills that are greater than the regulatory thresholds must be reported to the National Response Center (NRC) and the Colorado Division of Oil and Public Safety. Reports to the NRC activate the National Contingency Plan and the Federal response capabilities. 2.4 SIMILAR FACILITIES A nearby mineral extraction and asphalt batching operation was recently approved as a Use by Special Review (USR) in the Agricultural zone. The Weld County case number USR 20-0008. The operation is located on both sides of the Big Thompson River, east of Weld County Road 13. The operation is also bordered on the north by the Hill and Brush Ditch. This operation is similar to the Rock and Rail facility because asphalt will be produced on the site as well as aggregate material will be stockpiled on the site. Examination of the public records associated with this USR showed that the Hill and Brush Ditch Company did not object to the new operation or express any concerns about compatibility of the uses. The agreement between the operator and the Hill and Brush Ditch Company (March 27, 2020) only stipulates that a 40 -foot separation be maintained between the ditch and the mine. 2.5 SUMMARY OF WATER QUALITY DISCUSSION This facility complies with State and Federal regulations, which ensure that water management at facilities. such as the Highway 34 Development site, are protective of public health and the environment. Implementation of measures described in the Stormwater Management Plan and the Spill Pollution, Control, and Countermeasures Plan are designed to be protective of public health and the environment. 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