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Home My WebLink About20173515.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. Tyler Exhibit Page # Submitted By Description 2017- A. 3504 Planning Commission Resolution of Recommendation 2017- B. 3504 Planning Commission Summary of Hearing (Minutes dated 10/3/2017) C. 5-25 Planning Services D. 26-48 Applicant E. 49 Brian Kughman F. 50 Linda Tufts G. 51 Wendell Brown H. 52-61 Greg Doyle I. 62 Mallory Richards Email of Opposition, dated 10/24/2017 J. 63 Matt and Laurie Thoma Email of Opposition, dated 10/24/2017 PowerPoint Presentation PowerPoint Presentation Email of Opposition, dated 10/22/2017 Email of Opposition, dated 10/23/2017 Letter of Opposition, dated 10/23/2017 K. 64 Rahn Richards Lyle and Elizabeth L. 65-66 Ledoux Dean and Rosemary M. 67-68 Rowe Email of Opposition, and photos dated 10/23/2017 Email of Opposition, dated 10/24/2017 Email of Opposition, dated 10/25/2017 Anonymous Post -Card Notification and Email of Opposition, dated 10/25/2017 N. 69 Lane and Carrie Eskew Email of Opposition dated, 10/25/2017 O. 70-89 Planning Services P. 90-92 Laura Doyle Q. 93 Frank Baszler R. 94-95 Eric Lake S. 96 Public T. U. V. W. 97 Applicant 98 Leroy Gray Pam and Richard 99 Debaere 100 Linda Tufts Admin Approved Temporary Batch Plant back-up Proof Applicant is using her address Email of Opposition, dated 10/25/2017 Email of Opposition, dated 10/25/2017 Sign-up sheet for the SPO meeting Evidence of Open House Invitation, dated 10/26/2017 Email of Support, dated 10/29/2017 Email of Opposition, dated 10/30/2017 Email of Opposition, dated 10/31/2017 2017-3515 EXHIBIT INVENTORY CONTROL SHEET Case USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. Tyler Exhibit Page # Submitted By Description X. 102 James DuPriest Email of Opposition, dated 10/31/2017 Y. 103-108 Ray and Joan Glabach Letter of Opposition and Maps, dated 11/1/2017 Z. 109 Cheyenne Frontier Days Letter of Support, dated 10/31/2017 AA. 110-112 William and Jane Lentz Letter of Opposition, dated 11/1/2017 AB. 113 Cynthia Hirsch Letter of Opposition, dated 11/2/2017 Darin and Tammera AC. 114-118 Anderson Letter of Opposition, dated 11/2/2017 AD. 119 Amelia Johnson Email of Opposition, dated 11/2/2017 AE. 120 Laura Doyle Email of Opposition, dated 11/1/2017 AF. 121 Randy Hergett Email of Opposition, dated 11/2/2017 AG. 123-129 Eric and Treva Steidl Letter of Opposition, dated 11/2/2017 AH. 130-131 Michael Berumen Email of Opposition, dated 11/2/2017 Laramie County Al. 132 Community College Letter of Support, dated 11/2/2017 AJ. 133-136 Donald Frick, Attorney Letter of Opposition, dated 11/2/2017 AK. 137 Cynthia Hirsch Email of Opposition, dated 11/2/2017 AL. 138 Bruce Krohn Email of Opposition, dated 11/3/2017 Shelley and Charlie AM. 139 Sprackling Email of Opposition, dated 11/3/2017 AN. 140 Rod and Lisa Schmitz Email of Opposition, dated 11/3/2017 AO. 141 Dawn McDougal Email of Opposition, dated 11/3/2017 AP. 143-147 Rod Schmitz Email of Opposition, dated 11/3/2017 AQ. 148 Marcia Maeda Email of Opposition, dated 11/5/2017 AR. 149 David Rau Email of Opposition, dated 11/3/2017 Laura Stretch and Sean AS. 150 McDonald Email of Opposition, dated 11/3/2017 AT. 151 Andy and Joanna Friedt Email of Opposition, dated 11/3/2017 2017-3515 EXHIBIT INVENTORY CONTROL SHEET Case USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. Tyler Exhibit Page # Submitted By Description AU. 152 AV. AW. AX. AY. AZ. BA. BB. BC. BD. BE. BF. BG. BH. BI. BJ. BK. BL. BM. BN. BO. BP. BQ. BR. Michael Beer Email of Opposition, dated 11/3/2017 153 Zada Steidl Email of Opposition, dated 11/3/2017 154 Wendy Jiricek Email of Support, dated 11/3/2017 155 Janet Lind Email of Opposition, dated 11/4/2017 156 Gordon Ito Email of Support, dated 11/4/2017 157 Rae Doner Email of Opposition, dated 11/4/2017 158 Gary and Natalie Gray Email of Opposition, dated 11/3/2017 159 John Powers Email of Opposition, dated 11/5/2017 161-162 Richard Foth Email of Opposition, dated 11/5/2017 163-164 Allister Boustred Email of Opposition, dated 11/5/2017 165-166 Sarah Boustred Email of Opposition, dated 11/5/2017 167-191 Applicant Updated PowerPoint Presentation 11/5/2017 Christian Schulte on Email, Letters and Photos of Opposition, dated 192-202 behalf of Mr. Moore 11/3/2017 Don and Cynthia 203-204 Highfield Email of Opposition, dated 11/3/2017 205 Bill and Tammy Neumann Email of Opposition, dated 11/6/2017 206 Garry and Billie Wilkening Email of Opposition, dated 11/6/2017 208 George Valley Email of Opposition, dated 11/6/2017 209 Barbara Douglas Email of Opposition, dated 11/6/2017 210 Staff/ PW Added Condition of Approval, dated 11/6/2017 211-253 Greg and Laura Doyle PowerPoint Presentation, dated 11/6/2017 254-269 Michelle Benson Email and Research Notes, dated 11/6/2017 270 Jim Banovsky Email of Opposition, dated 11/6/2017 Richard and Amelia 271 Johnson Letter of Opposition, dated 11/6/2017 272-275 Catherine Davis Letter of Opposition, dated 11/6/2017 2017-3515 EXHIBIT INVENTORY CONTROL SHEET Case USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. Tyler Exhibit Page # Submitted By Description BS. 276-284 Thomas Moore PowerPoint Presentation 11/6/2017 BT. 285-288 Applicant Redline requests to Resolution 11/6/2017 BU. 289 Terry and Al Lear Email of Opposition, dated 11/6/2017 BV. 290 Applicant Aerial Map of Area BW. 291 Richard and Carol Smith Email of Opposition, dated 11/6/2017 Jan and Jim BX. 292 Schmidtbauer Email of Opposition, dated 11/6/2017 BY. 293-296 Brian Tufts Hand drawn poster of traffic counts BZ. 297-298 Corey Moore Email of Opposition, dated 11/6/2017 (Cont'd to 2017-3516) 2017-3515 1414 -al to ateAti ad:at taargi maw cart, Pta soara',t Bout r ttp. nn „t� WELD COUNTY ADMINISTRATION BUILDING 1150 'O" Street • Greel.Y. CO 80631 Ii w .'... - )- I tear `4 n irartit s c2, cdcrrAelik C. i tnic".1 £4v. A laic %twealk C #O{r .cat MM ad 7tt'c►t t717tif-0dafl, tar Ycral Yarn nta'wlo/teitnsacaba% ittaieste whir a. c_ -w! makes PlaL molests ptooati w k-kivallealle bassyma materiel ttaciwL a eke, MSS incll IMO setille7•• padre St the A (ytk1mt 4 am* ttaee w 4 r- •Yi A ✓ y i▪ f • ~ 1 ~• V 1.2 • a 4t" r,.• 4 ti -i. Ply • • "ripe Public hearings concerning this property will be heard before County Planning Commission and Board of County Commissioners, Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "0" Street : Greeley, CO80631 Planning Commission Hearing wild be held on Cie 2017 ; at: r Board of County Commissioner Hearing wild be held on Cictittelt. '2F7 20 ; at. tC • 06+ Applicant: CAC !Pq I UL" ?As4C44 G`/O sktmow r Ql i lr saro 'tea Request: A Site Specific Development Plan and Use by Special Review Permit, USR17-0043, for Mineral Resource Development Facilities including Asphalt and Concrete Batch Plant, materials processing (crushing and screening) material stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone District Case Nurnber. USa Ina Acres,_ " FOR FURTHER INFORiIYATJON PLEASE CONTACT AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES, AT 970-353-610- 1,4047%. ext.a 6T For Additional Information visit vt►^�wvw.�wel�Count �P'lannir se -arp A r7eNJ ray a.scu ,�r,t,,,, ne0 �ti.�;h d� txn rTrr inig �� 4na.r crate►� Re++fis rlht,AEf awxt•r» ` isa- "f i &shr i.,hylier ofa� � Jo this Sat 3pecr�Sc eMrF rt a an,dritne' !'p_ o,' e�'Wr atilt "r'arr PMnlasoPth1he,Pl �m amasOnto � ry Crrr *�asrt+aa wy N -2 S r ..'ft .. • / A, •r r i : teal q 1 ; sJq �� rtk.F r ..,V }044 rst s_ 4 Leek' • 4771-:11e�M1 � r':'4y 'a •' V 1 •fri f r"f L %ot.• i' ■ r • ,. Ir • tea. ii, —' �9 - 1� t .P , I P II " , _ ay% ._ k *r,4' 44 . •.r`• ; y. 1 y+R akit t <.1a 'L•1 Ia • A . �- i A 4 ••S� . ��yy!) r r w' . Y W +n'_1 -' -,-N r .1-t rat l t. l HJf— 14 . • .1 - k jM1. . 1'�•i Ai) X1$,41 .� } 0. t < d (T ^L1'1 Jli 1. I'� `a +n :' 'y i ''<a' F •% u -IL.. ' • µe .t iter44, 1" .h. �.• •. Vim' I View from Simon Contractors stockpile / recycle area northeast to adjacent residential property joittt to- z • 4 • 1..0" �+ { 1 _ H l `. ,- - - .., stall i a s s- i St - ."l a .. - ti a -, ... la r :Li " I- . w. . J. r - 2Xi 'ha.: .Iiil �.y 4- .c 't - Y� Wi '( •7 a-.1.4. i• A • — r I b , .. '* s .- t titbits* i • View looking south onto property from County Road 80.5 -- Employee and Equipment parking area r - =a �e — '• —` r 'Sr Jr a ti • Sr - 'ate t ' r» TTTiie.t -�a,f t -t r ` . . `tis_'i ' - --a .r- . te�,4 y _ tat, fl ti •L 'G S e a _• .'• Cj J • 'f - 1 h -• a _tiLy,a �' `IM =i, r d - � p, r` y r e �. t"/ff" c. aa24Sc ;. West v_ :!_ 41._Lin • Slit • - • JP y f _Lr6 , b :r Fr? JML_31.c;A -4 S.- R de :d .t v' -n'.+ i. Sr- s .& Cr4. S 3 n E fex i= . ,�- - N ma"; i 3 1- _ • �'- '3• m -trim tae V 1: i 11:r; 14 a tnc - a. z 1.:115fi • d T . -- View looking south onto property from County Road 80.5 tockpile and material recycle area • p Lyyc _' - s� - r n • .� • ". �'� L wir mil• .�RY• i _$ — . 2 � ,,... i.-.. q S v f �#� a - • _ ' n a. I — w i• •• r - a 7 l'Y r. am • Ji J • I• • •� -a -• ` •1 a v5' a a 5�v :y•= • a7 • s • • Y itl ♦� • nI• ear � • a • _4i_ 1 L. View looking south onto property from County Road 80.5 Temporary Batch Plant Facility ice low impr --- - View looking south onto property from County Road 80.5 Temporary Batch Plant Facility, Scalehouse 'WE View looking east onto property from Highway 257 Temporary Batch Plant Facility Current Conditions — SH 257 looking south at County Road 80.5 Ver View looking east onto property from Highway 257 Temporary Batch Plant Facility • _H . View looking south onto property from County Road 80.5 Earth berm to east screening Temporary Batch Plant Facility t %IP ViewIr' looking east — Larimer County Canal Stockpiles and Temporary Batch Plant Facility to north View looking east — Larimer County Canal Stockpiles and Temporary Batch Plant Facility to north View looking northeast across Larimer County Canal to Stockpile area and Temporary Batch Plant Facility ,, H. • k::..- '-t it ;4'2 ill- t,. :c. • :r.. 111111111111MIIIIIIIL View looking west from County Road 80.5 onto Highway 257 At access for Extraction Oil and Gas Production Pad View looking west on County Road 80.5 — Simon Constructors to south of road r t • J 4. 4 ^• ••• • L • • -r .,fri- ?.i • I ■ t • • 1 • sr r • • Er - . al • ' • • �• • Is_ r II �• • • a- •. r -4 1 View looking east from County Road 80.5 at Highway 257 intersection Temporary Batch Plant Facility to south Simon Contractors•USR complex vvorldl 1CLEAR SOLUTIONS" TETRA TECH Board of Weld County Commissioners October 25, 2017 Simon Contractors USR V =cr.- re $1 I o r : .i t „ . •• J _, _ 'r ll ° r.:. •t- airi , .. -r-J _I . a ■ r1 y t _ b,J :a" tic. w• a f r.w Y .•j 4 w 'l •Ily 1 ` w ` � • 's r'fi' ' stag:— r r — as a s, e • t •• .a �r P'l i.b di. -`� 1�ic�S1^J y,. >,.,11 ;. • Sew TETRA TECH V.% ,7. 1 tlI allow Board of Weld County Commissioners October 25, 2017 complex world CLEAR SOLUTIONS" I I TETRA TECH Simon Contractors Company Requested Uses � Asphalt Plant • Ready Mix Concrete Plant � Office, Shop, Fueling • Truck and Employee Vehicle Parking • Materials Recycling � Materials Stock Piles . • , TETRA TECH Application and Activity Timeline (2017) May 2 & 15: Use by Right for temporary facility submitted & approved June 15: Weld County Pre -Application Meeting Windsor - Severance Fire & Rescue June 29: Town of Severance July 7: Town of Windsor, North Weld County Water District July 10: Neighborhood Meeting July 17: USR Application Submitted July 25: Larimer Canal Company/Water Supply & Storage Company September 1: Mineral Owner Notification September 22: On -site neighbor meeting October 10: Larimer Canal Company/Water Supply & Storage Company meeting Site Plan TETRA TECH LIGHTED ENTRY SIGN EXISTING ACCESS TO BE CLOSED • WESTERN MOST ACCESS TO BE RELOCATED HERE. ACCESS CONSTRUCTED AP 17-OD290 QE GRATE C, I �1 SCALE 1'=100' 50' 10O' GRATE 2DO' I SECONDARY CONTAINM ENT NOTE: THE FOLLOWING EQUIPMENT AND U1SES WILL BE LOCATED WITHIN THE SECONDARY CONTAINMENT: .Dtesel fuel tank TEMPORARY FACILITY ACCESS ROAD NOTE: DETENTiON POND UPON TERMINATION OF TEMPORARY ACCESS USE N- SITE CIRCULATION 414LL FSEv1RT TO PROPOSED CiRCULATiON- USE BY SPECIAL REVIEW - U R17-00## SEVERANCE READY MIX & ASPHALT PLANTS FOR: SIMON CONTRACTORS COMPANY A PART OF A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 67 (NEST OF THE 6TH Pik, COUNTY OF WELD, STATE OF COLORADO ACCESS ALREADY CONSTURCTED AP 17.00294 WCR 80.5 CULVERT FUTURE CONCRETE PLANT LEGEND: OE CL Jct./ ''r .'riff f. . /rF. 1J40122PS '�- Ao.1ASMRL OR EQUAL OUTLET STRUCTURE x xx U r I CRUSHER ?� Bl1 11 3¢� /Vtyr 32. x+ o 349 'I/ AL -Mo 4sritv - OF EXISTING ACCESS TO BE CLOSED nr 4,7i_ 47497,Hi,'r.'rf) / 4.:"4.492(..41-1 i,2" EXISTING MAJOR CONTOURS (5a' INT.) EXISTING MNOR CONTOURS (1 • INT ) EXISTING. SECTION LINE RIGHT -Of -WAY UNE EXISTING EASEMENT EXISTING OVERHEAD UTILITY EXISTING GRAVEL ROAD PROPOSED PROPERTY FENCE PROPOSED WOODEN PRIVACY FENCE USR BOUNDARY PROPOSED STRUCTURE/ EQUIPMENT MATERIAL STOCKPILES EXISTING ASPHALT ROAD SCREENING BERM GRAVEL ROAD GRAVEL ROAD (SMALL VEHICLE TRAFFIC ONLY) EXISTING UTILITY PDLE DRAJNAOE FLOW TRAFFIC CIRCULATION PROPOSED PORTOLET PROPOSED TRASH ENCLOSURE SECTION CORNER MARKER PROPOSED GATE or CF a _ TRUCK PARKING I1-IIIIIIIIIIIIII(II E7.II'PVE1,T DETENTION POND CWA _ sm CONCRETE WASHOUT AREA PROPOSED LIGHT POLE ENTRY SIGN WTH UGItT OOrIOn$CY1 nu C 66 Iran ICC I ,f.BJT TETRA TECH Compliance with the Comprehensive Plan & Agricultural Zone District � Overlay District Compliance � Coordinated Planning Agreement Areas � Comprehensive Plan and Agricultural Zone District � Conservation of Prime Agricultural Land I Compatibility and Impact Assessment (-7,1 TETRA TECH Windsor IGA LAND USE PLAN "• n ti ) 1 LI __ lthr A I t fit IN firreekte e� r .tau tirrr]A ':ar nir flinty f". F Fri Ii�t�rl t 5r* Pail; Attal d RirYiett al • &kat -r,mey Paden tuil Filatnt tiE fa ni Line Me crud Crt.!art zed Caw C atrium rt Amman I trial pasery arsom EMI it bytelind1 tki in sea 11..14 ritit.t.11 awn 51F-: at Mak' i ran -Mille 004, Cis PIKS l41 rw. An Y1! rstkr tun n rp crawl ,eau Crsmth Wu l4Snni t Aims PI sire nee Asa I :1 I 1 i ; I I i GROWTh STRATEGY .cs r_ EC (1I rte•-I►irr, f r r F y • If i 51. y r _ s S JS WM— si: i f 1.- o-! !J 1rpon.a..aalaaasaINIE1 Ira• • 1 r I. r M K iv 'STI.Tgil' Al- 1 atrnited c:nothClnia et AMA rf 1 1 priral LET -naafi gresingri t Aw1a ref y -4,* tr II lay en Amu 1/4L��-. I Severance IGA t 4. Development Nodes: The Land Use Mop identifies where commercial, mixed -use or urban style development may be appropriate outside and away from the town core. The intensity of develop- ment will be relative to available or obtainable infrastructure. The planning and design of an devel- opment node should take into account the transition of this intensive land use to the adjacent rural P _,j residential or Ag residential areas. This intersection of two busy state highways has high traffic counts, good access into the north end of Fort Collins on Highway 14, south on Colorado Highway 257 to Severance and Windsor and East to Highway 14 to Ault and Highway 85. Landowner! developer shall meet with Town of Severance and the Colorado Department of Transportation to determine allowable access points onto Colorado Highways located with the Devclopment Node. aTOM, C (ER E s thLAIIIVI rptlic re Ft I)P „ PIEN D NT I . DEVBLOPter NODES pet Lfl UmeGale ftc - r T-1191 gAil Le; came RI: I"- CORM Eon W -WIro safeCiNTil BEY ENT EtaiDaDORY' 5 CReilrift 11013 lar "TRARLSITIONAFFA EM2 ■ ■cat r -"MS Ram rAl_ agni fl I 1 12 I .SEVERANCE HOmETOWN I VISCN WE LD C.OU NTY Farmlands Map, USDA ONLINE MAPPING WGS_1984_Web_Mercator_Auxiliary_Sphere Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data Layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION 3,375.5 1,68717 3,.375.:5 Feet Legend L-i Parcels Important Farmlands of Weld C Prime f I rrigaied )) - Farmlands of Na Irrigated Land (flat. Prime) High Potential Dry Cropland -Prim Prime it they Berrie Irrigated Other Land Hi:4 sway Road Rua -_ighway County Boundary Notes I • I 4 State Highway a1 4 C R,, Saddler Blvd Severance Read y-MConcrete } and Asphalt Plants WC 89.5 State Highway 14 IF TETRA TECH WCR'80 To the east from SH257 & WCR 80.5 To the north from SH257 (hew to fast SH257 17 1 r vvticiatnyRoiachiorr `lt, - - Is To the south-east from SH257, north of WCR 80.5 'Li III' IN III 17 Kinc surest orb erdiat Nis To the west from WCR 80.5 Aar pr loitA ASA& r:fre 404 iiviA it& r• I 4Vi.�w to Eat it SH257 adrweas?.....r— 17 c—rioristiLita .-�-� frornias:c eO wng west on W R s0,5 ; r Nis it TETRA TECH Compatibility and Impact Assessment: Best Management Practices, Permits and Compliance . Visual Impacts . Noise . Air Quality . Water Quality . Road Improvements I I TETRA TECH TETRA TECH Compliance with the Comprehensive Plan & Agricultural Zone District � Overlay District Compliance � Coordinated Planning Agreement Areas � Comprehensive Plan and Agricultural Zone District � Conservation of Prime Agricultural Land I Compatibility and Impact Assessment Proposed language changes to: Conditions of Approval Development Standard TETRA TECH Requested amendment of first sentence of Development Standard 4.A.4: The hours of operation: When the plant is operating at night, it will only occur when material is requested by cities, counties, or CDOT, or private companies for night paving projects... TETRA TECH Development Standard 4.B. 3 & 5: hours of operation: 3) The plant will not operate more than 16 hours per day. 5) When the plant is operating at night, it will only occur when material is requested by cities, counties, CDOT, or private companies for night paving projects. Operations will be considered "night operations," when they take place between the hours of one hour after sundown to one hour before sunrise. Depending on the request of the jurisdiction purchasing the asphalt, night operations could occur seven days per week. When Simon Constructors becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. TETRA TECH Requested amendment of Condition of Approval 1 E: The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch [Larimer County Canal/Water Supply & Storage Company] located on or adjacent to the site, OR shall provide written evidence than an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have been adequately incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made." evidence from Larimer County Canal Company that the canal will accept overland flows of water from the property into the canal. Evidence shall be submitted in writing on company letterhead, to the Weld County Department of Planning Services. TETRA TECH Questions? From: Brian Kughman[mailto:brian@sixdogtshirtco.com] Sent: Sunday, October 22, 2017 3:29 PM To: Kim Ogle <kogle@weldgov.com> Subject: Asphalt plant at Hwy 14 and CR 80.5 Hi Kim, I want to register my opposition to the proposed asphalt and concrete plant at Hwy 14 and CR 80.5. I live on CR 78 and am very concerned about the increase in commercial traffic in the area, as well as airborne toxins that will inherently come with the location of this new facility. Please let me know if you have any questions for me. Thank you, Brian Six Dog T -Shirt Co. From: Linda Tufts [mailto:Irtufts@gmail.com] Sent: Monday, October 23, 2017 9:34 AM To: Kim Ogle <kogle@weldgov.com> Subject: Asphalt plant concerns - Hwy 14 and CR 80.5 Hello Mr. Ogle, I am writing to express concerns regarding the permanent status request for the asphalt plant. Our experience with this location has already raised concerns with the amount of traffic in and out of the corner entrance. We have 4 drivers in our family that travel past this location daily. Each one of us has been cut off at the corner by semi drivers. We have extended wait times to turn onto the highway because of increased traffic, and also the truck drivers cut the corner when turning onto the road regardless of waiting vehicles. We have had more than one near collision due to the drivers cutting the turn short. We are also concerned about the grinding operation running 24 hours a day. We can hear the plant operations at our home so it is definitely a noise nuisance. In addition to the quality of toxic air emissions being released from the plant operations. Needless to say, we are very unhappy with the prospect of our area becoming industrialized. We moved out of town to escape the busyness of the city and spent the majority of our savings developing our property. We have already had a solar plant built within less than a mile of our residence. Now we have an asphalt plant AND an oil well site at the corner of 80.5 and Hwy 257. Have there been other locations sought out that would have less impact on residential properties? This land has been agricultural in the past so I am assuming zoning changes are required as well. Please consider moving this plant to a less residential location. Respectfully, Linda Tufts EXHIBIT c1. -Da4 Ms. Kogle, I just wanted to let you know that I am NOT if favor of making the asphalt at Hwy 257 and CR 80.5 permanent! We were not given the opportunity to comment on getting the plant in the first place because it was "temporary" and now it appears they are trying to do some "under the table " negotiations to make it permanent - NOT ACCEPTABLE! I live at the intersection of roads CR 80.5 and CR 19, and I hear and smell the plant. There is also an issue of trucks backing up traffic on 80.5 because of the limited access that CR 80.5 provides onto hwy 257. Please do not allow this plant to become permanent. Best Regards, Wendell Brown RECEIVED OCT 232017 WELD COUNTY COMMISSIONERS EXHIBIT N .0 .0 2 G Lw -w From: Greg Doyle [mailto:whapitihunters@gmail.com] Sent: Monday, October 23, 2017 3:31 PM To: Kim Ogle <kogle@weldgov.com> Subject: Asphalt Plant Kim, I am sending this email per our conversation earlier today. My concerns of the Asphalt plant begin with the property values, or lack of do to the Asphalt plant, I'll bet our property Tax's continue to increase with the growth of the area. The truck traffic is terrible and they seem to have little regard for the residents who live here. Presently they are working 7 days a week and at least late into the evening. I can only assume that the plans are to work 24-7. We have continued issues with water pressure and with this new asphalt plant I am sure our issues will grow even more. This area is zoned residential and agricultural not commercial. Weld County already does a poor job of maintaining our roads and there are a select few of us that pay for dust suppression on our roads, and I am sure it will get more expensive with the extra traffic. I know the plan or agreement would be that the truck traffic will not be coming east on 80.5, but I think we can all agree that this will only be temporary and after time passes the rules would be relaxed and trucks will be traveling 80.5 further impeding our life styles. Not only has Weld County allowed this Asphalt plant ( and we were told it was on a temporary basis and we could do nothing about it because it was for the greater good ). They have also thought it necessary to allow an oil well site right across the road from the Asphalt plant o highway 257 further impeding traffic. I am absolutely sure that if this Asphalt plant was being pushed on Weld County commissioners and planning board members neighborhoods that it would be a little different story. How does Weld County plan to deal with all the new building in our neighborhood, the new dairy on County Road 80, all the houses ( at least 8 in the last year ) some of them are running business's and that also adds to our traffic issues. I believe that Weld county is letting this get out of hand.) also believe Weld County could find a more suitable location for the Asphalt plant, surely there is a commercial area already set up for this type of business. I really do not want to be one of those neighbors who complain about everything, but this is a ridiculous proposal and I think the Nelsons and Weld county should seriously reconsider. Thank You, Greg Doyle. 8775 Weld County Road 80.5 Ft Collins Co 80524 EXHIBIT l,l.S2% obtl?�-- Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Kim Ogle Wednesday, October 25, 2017 4:57 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: Simon plant on WCR 80 1/2 20171024_081953jpeg The following images were received from Greg Doyle, 8775 CR 80.5 From: doylegreg5@aol.com[mailto:doylegreg5@aol.com] Sent: Tuesday, October 24, 2017 8:35 PM To: Kim Ogle <kogle@weldgov.com> Subject: Fwd: Simon plant on WCR 80 1/2 Original Message From 9706903765 <9706903765(a mms.att.net> To: doylegreg5 <doylegreg5@jaol.com> Sent: Tue, Oct 24, 2017 8:02 pm r l 'S' 4 si� •.y�.rM jyti r 1 �� i etc; R;i X"Iry}�y }i... 1 S • ti Ps" ' . "4 rte' hem. , • .I" r , ti \ C' y; t '3; • y lye • t L . 1S %.,'" I. ` Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Kim Ogle Wednesday, October 25, 2017 5:00 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: Proof Simon Contractors using my address as their shipping deliveries 20170901_094218.jpeg From: doylegreg5@aol.com[mailto:doylegreg5@aol.com] Sent: Tuesday, October 24, 2017 8:40 PM To: Kim Ogle <kogle@weldgov.com> Subject: Fwd: Proof Simon Contractors using my address as their shipping deliveries Original Message From: 9706903765 <9706903765@mms.att.net> To: doylegreg5 <doylegreg5@aol.com> Sent: Mon, Oct 23, 2017 10:48 pm ORIGIN ID.BFFA (308) 632-2911 FLOYDS TRUCK CENTER 322 S. BELTLINE MWY EAST UNITED STATE NE 69361 TO JONATHAN SIMON CONSTRUCTION 775 CR 80 112 C.61Urv.S. 1308) 568-9291 REF SHIP DATE 30AUG11 AGTWGT. 13.00 LB CAD: 10647418311NET3920 BILL SENDER jin) 1111iltii1u11kirlittit IlliiIIII IIItilli �t 1111, 1 11( 1 V !?? —. c sulie , i CI .C :.1 / ill, t, ; , i ` `.; } ca �� i t 1 i iI :iltel i a it - r- „ 6f THU - 31 AUG 10:3a PRIORITY OVERNIGHT 7701 5056 1443 10:30A az XeRdlt 5056 X443 PRtOR1Y OVERNIGHT 805 4 72 FICA DEN I I IIIIIIIIII IIIIIIIII�I 111111111 1111111 VIII 1111111 III�II „CSA From: Mallory Richards [mailto:Mallory@baesslerhomes.com] Sent: Tuesday, October 24, 2017 9:45 AM To: Kim Ogle <kogle@weldgov.com> Subject: Home Owner Kim Ogle, I wanted to reach out to you about the proposed asphalt plan for HWY14 and WCR 80.5 turning into a permanent plant. This is very concerning because I live right down 80.5 and just recently moved there (2 years ago). This will create a mass amount of dust and debris for our little area. Lights, traffic and dust will be even worse than it currently is and put a real damper on our outdoor living spaces and environment. I do not want my family to be breathing in the toxic cement dusts that have been known to cause cancer. I know that all of the neighbors feel this way as I got several doorbell rings last night making sure I knew what was going on. I believe we all knew what we were getting into moving into the country as far as fracking but an asphalt plant never crossed anyone's mind. The temporary plant has already ruined the road and caused it to be very wash boarded and dusty. I can not imagine what this road will be like if it really is the 570 truck trips they say it will be. As well, this will greatly hurt all of our resale values and lifestyles we have chosen if this is permitted to go through. I wish I was able to attend the hearing on the 25th but I am not but I am adamantly opposed to this turning into a permanent plant. My address is 38842 CR 19. BAESSLER HOMES 00 Mallory Richards Home Design Manager 3780 W 10th Street — Suite 200 Greeley, CO 80634 `. 970-888-3221 970-405-8865 >�t mallory@baesslerhomes.com BaesslerHomes.com From: Matt Thoma [mailto:mthomaco@gmail.com] Sent: Tuesday, October 24, 2017 1:52 PM To: Kim Ogle <kogle@weldgov.com>; Laurie Thoma <Ithomaco@gmail.com> Subject: Asphalt Plant Hwy 14 and WCR 80.5 Good afternoon Kim, I left a voicemail earlier but also thought I would email you regarding my concerns and opposition to a planned asphalt plant at Highway 14 and Weld County Road 80.5. Just two months ago, my wife, two boys, and I moved into our new house at 38886 County Road 19, Fort Collins, CO 80524 which is approximately 1/2 mile from the planned plant. We escaped the city to enjoy clear, quiet country living and gaze at the night sky. My concerns regarding the planned plant include air pollution from emissions and dust, noise pollution from continual operations, and light pollution for what has the potential to be a 24 hour operation. Additionally, I am concerned about our property value as well as increased traffic on county road 19/80.5. In short, this is not the dream that we envisioned when we sold our house in Windsor a year ago. I am not certain if I will be able to make the hearing on October 25th but will certainly try. Regardless, I appreciate the opportunity to voice my concerns to you and have them registered in preparation for the hearing. Regards, Matt and Laurie Thoma Matt Thoma @: mthomaco@gmail.com p: 970-217-8457 Ii: mthoma From: Rahn Richards [mailto:rahn.richards@brinkmanpartners.com] Sent: Tuesday, October 24, 2017 1:58 PM To: Kim Ogle <kogle@weldgov.com> Subject: Home Owner Against Asphalt and Concrete Plant CR 80.5 Importance: High Kim, I am reaching out to regarding the potential asphalt and concrete batch plant expansion that the company would like to call a permanent home. I am against this for a number of reasons. • First is the concern for pollutants that will be introduced into the air, there are many toxins that are included in asphalt and concrete type of operations. This will be a burden on the environment. Air born silica dust is one of the larger concerns I have, a batch plant will be using silica for their operations and silica dust has been linked to Silicosis. There are a lot of families that live in the area that have children that will be affected at a young age by operations. • Second is the amount of traffic that the batch plant will generate, this has already became an issue as the constant trucks to and from the temporary plant have caused a delay in the daily commute for the daily residence and anyone that uses it for business and their living such as the farmers and ranchers in the area. The drivers have no concern for the residence in the area as they are making turns that the road is not wide enough to support for daily traffic as well as the amount of dust that they are kicking up as they are driving down the road. • Third is a concern that we currently have low water pressure due to the location of the tanks (I have spoken to the county water previously about this situation), a batch plant will require a large amount of water for their operations as that is a key ingredient to mixing concrete. This batch plant will be closer to the water source causing a dip in the water pressure supply as they will be using large quantities of water for their operations. • Lastly we moved into the county to get away from traffic and noise. We also saw an opportunity for the work we put into creating our dream house and the potential for a resale value when we get older. The batch plant will have a negative effect on the property values in the area and limit its potential growth for future homeowners. All in all I am opposed to a permanent batch plant being constructed at HWY 257 and CR 80 %. My address is 38842 CR 19 Severance CO. Rahn Richards, Project Manager Brinkman Construction rahn.richards@brinkmanpartners.com 3528 Precision Drive I Suite 100 Fort Collins, CO 80528 cell 970.631.2046 office 970.267.0954 fax 970.206.1011 www.brinkmanpartners.com Integrated Real Estate Solutions Tisa Juanicorena From: Sent: To: Cc: Subject: FYI Kim Ogle Wednesday, October 25, 2017 4:52 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: USR17-0043 Record comments for Ledoux, Lyle and Elizabeth From: Elizabeth Ledoux [mailto:elizabeth@vnacelle.com] Sent: Tuesday, October 24, 2017 6:09 PM To: Kim Ogle <kogle@weldgov.com> Cc: Lyle Ledoux <Iledoux@usa.net> Subject: USR17-0043 Record comments for Ledoux, Lyle and Elizabeth Mr. Ogle, We are land owners currently building a house at 9004 County Rd. 78 and currently live at 9108 County Rd. 78, where we've been for many years, responding to our neighbor's notification to us about USR17-0043 which we understand is scheduled for final decision tomorrow - 10-25-2017 at 10am in Greeley by the Weld County Board of Commissioners. We are surprised at the lack of concern and care we and our neighbors have received from Weld county regarding this matter. We have received absolutely no communication about this except for the notice our neighbor sent this week and we have been left, with very little time, to perform our own research. We would attend the public hearing except that because we received no notice, we are currently out of town and cannot return home in time for what appears to be our only chance to be heard. As homeowners, and as a petroleum engineer who has understanding of the toxicity of some of the bi- products associated with this type of facility, my husband and I are in opposition to the expansion of this plant and want to be sure our comments are recorded as such. Through information we have received independently, we understand that their is not a fully understood plan for waste disposal/disposition or to prevent contamination to local livestock, crops, and water. I am further concerned about air contamination as prevailing winds are NW to NE and our home is NE of the proposed plant expansion location as is Cactus Hill, a large feed lot, irrigation water, and crops. 1 We do not believe Weld County is taking proper steps to be sure surrounding land and home owners are aware of what they are doing or that the project is complete with safety measures to protect people, animals, and property that will will be directly affected by this change. We are filing this comment for record that we are against the decision for Weld County to move forward with this expansion proposal. I also left a voicemail today to be sure you receive these comments before the committee meeting tomorrow. We anticipate that we will be represented by this comment through you. Please confirm receipt of this email so that I can be sure we have exercised our legal right to be heard. Thank you for your help with this matter Lyle and Elizabeth Ledoux Landowners at 9004 WCR 78 (720) 989-8831 cell 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: FYI Kim Ogle Wednesday, October 25, 2017 4:54 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: public hearing for usr 17-0043 img008.pdf From: dean n rosemary rowe [mailto:rowesbud@hotmail.com] Sent: Tuesday, October 24, 2017 7:03 PM To: Kim Ogle <kogle@weldgov.com> Subject: public hearing for usr 17-0043 To whom this may concern: My wife and I are relating our concerns about the batch plant on county rd. 80 1/2 and highway 257 because there is an increase of large truck traffic on the road that is causing more wear and tear on our vehicles by creating more ruts. The dust created is not healthy for our neighbors and their animals, but that is what we live with as we moved from town to get away from the noise and population. The smell will be a hazard as well, polluting the air and probably the water shed when rain and snow come. We live with the smells of nature out here from the feeding pens and dairies but we feel the batch plant would add an unnatural Oder that could be harmful to ourselves and neighbors as well as our animals. The constant noise is another issue as we enjoy the more quiet atmosphere than being in town. We also feel the batch plant would have a negative effect on our property value, which is not recoverable. We are strongly against the batch plant being there temporarily and definitely against a permanent ability to function at such a high volume of product being produced and transported to whatever destination. Respectfully, Dean and Rosemary Rowe 9080 cr. 80 I Dear Neighbor, Are you aware of the proposal to turn the temporary asphalt plant at HWY 14 and WCR 80.5 into a permanent, greatly expanded facility housing asphalt and concrete hatch plants, plus related facilities? As proposed, there is the potential for 24-7 operation. Concerns that have not been adequately addressed: • Traffic: 570 daily trips on local roads. • Toxic Pollutants: emission of airborne toxins over, leading to hazardous air and water pollution. • Noise: industrial machinery, idling trucks, and on -site hauling. • Lighting: site lighting for industrial operations. If are concerned about the compatibility of this industrial operation with agricultural and rural residential uses, MAKE YOUR VOICE HEARD. • CONTACT planner Kim Ogle: kogle@weldgov.com or 970-353-6100 x3540 and register your comments. • ATTEND THE PUBLIC HEARING FOR USR17-0043 ON OCTOBER 25, 2017 at 1O AM, 1 150 O St. Greeley. This hearing will be conducted by the Weld County Board of Commissioners. This is your only chance. • TALK with your neighbors. Tisa Juanicorena From: Sent: To: Cc: Subject: FYI Kim Ogle Wednesday, October 25, 2017 4:55 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: Opposition to asphalt plant From: Lane Eskew [mailto:lane.eskew@gmail.com] Sent: Tuesday, October 24, 2017 7:46 PM To: Kim Ogle <kogle@weldgov.com> Subject: Opposition to asphalt plant Dear Ms. Ogle: My wife and I would like to register my opposition to the asphalt plant being built on the corner of Highway 257 and County Road 80 1/2. The noise pollution, light pollution, and environmental dust pollution will reduce home values in the area. This is completely inappropriate and unfair. The thousand -fold increase in traffic will also create conditions contrary to residential values. Please scale back the operation to acceptable levels, and give residents more time and better notice of future hearings. Thank you, Lane and Carrie Eskew 9427 County Road 80 1 h 1 TETRA TECH May 2, 2017 Mr Tom Parko, Jr, Director Weld County Planning Department 1555 North 17th Avenue Greeley. CO 80631 RE: Cactus Hill Temporary Asphalt Batch Plant for Simon Contractors Dear Tom. On behalf of Simon Contractors, Tetra Tech submits the following notice for your consideration in compliance with Uses allowed by right in the Agricultural Zone District per Section 23-3-20.O of the Weld County Code. The asphalt plant is needed at this location to complete a Weld County Road project as well as a project for the Colorado Department of Transportation (CDOT). A Notice to Proceed from CDOT dated April 7, 2017 for Project Number STA 0853-101 is attached to this letter. The location of this project is on a portion of parcel 0705 16 0 000 54. A Proof of Lease dated April 27, 2017 is attached to this letter providing evidence Simon Contractors and the property owner have entered into an agreement to use the property The plant is anticipated to be operational on a 24/7 basis starting on June 26, 2017. The haul route is anticipated to be from the access points illustrated on the attached access permit application to County Road 80.5 west to Highway 257 and then east on Highway 14 to the job site at US 85 A Weld County Road Access Permit application has been included with this request. Let us know if you need further information. Sincerely, AvuttLbe7;;F „b vises Anne Best Johnson, AICP, MBA Senior Planner Authorized by: Simon Contractors By:israget.' - L Name: -7:74.3 Title: Cr-nft-4,ete,, n'lanc,gacr Date: S/2-/ 2 c.' 7 Tetra Tech 1900 S. Sunset Street, Suite I -E, Longmont. CO 80501 Tel 303-772-5282 Fax 303-772-7039 www,tetratech om Tisa Juanicorena From: Sent: To: Subject: Attachments: Kim Ogle Wednesday, October 25, 2017 8:58 AM Tisa Juanicorena FW: Simon Construction Temporary Batch Plant 01 UBR Letter 2017 05 01.pdf; 02 Authorization from CH to SC.PDF; 03 Notice to Proceed CDOT Project STA 0853-101.pdf; 04a Access Permit Application Form.pdf; 04c Certificate of Insurance - Weld County.pdf; 04d Typical Traffic Control Plan.pdf; 04b1 Access Permit - Photos Eastern Access.docx; 04b2 Access Permit - Photos Middle Access.docx; 04b3 Access Permit - Photos West Access.docx From: Michelle Martin Sent: Wednesday, October 25, 2017 7:56 AM To: Kim Ogle <kogle@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com> Subject: Simon Construction Temporary Batch Plant Hi Kim, Here you go. Let me know if you have any questions or if you need anything else. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 400-3571 FAX: (970) 304-6498 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: Tom Parko Jr. Sent: Thursday, May 04, 2017 10:46 AM To: Johnson, Anne <Anne.Johnson@tetratech.com> Cc: PINELLO, John (CHEYR) <JPinello@simoncontractors.com>; Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Elizabeth Relford <erelford@co.weld.co.us> Subject: RE: Use by Right - Asphalt Plant associated with CDOT Job 1 Anne, The County is ok with the location and use of the temporary asphalt batch plant as described in your May 2. 2017 letter. Please see the code section below pertaining to the provisions for the temporary facility. Call or email me with questions. Sec. 23-3-20. - Uses allowed by right. "Asphalt or concrete batch plant used temporarily and exclusively for an on -site construction project or the completion of a PUBLIC road improvements project. The six-month limitation for this TEMPORARY use may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners". Sincerely. Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 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. 2 CONTRACTORS SIMON CONTRACTORS 1103 Old Town Lane. Suite 201A • P O Box 119 • Cheyenne, WY 82009 • 307-772-3200 • 307-635-9510 Fax April 27, 2017 Re: Proof of Lease Site Lease Agreement by and between Cactus Hill Ranch Company and Simon Contractors To Whom It May Concern: This letter will confirm that a site lease agreement has been entered into between Cactus Hill Ranch Company and Simon Contractors for real property located in Weld County, Colorado. Simon has entered into the lease for the purpose of locating the equipment and materials necessary to produce asphalt and other construction materials for use on Colorado Department of Transportation Project STA 0853-101, or other public projects. Please do not hesitate to contact me with any questions or concerns. Acknowledged By: Cactus Hill Ranch Company By: Name: )JCt'g fvtlsarn Title: Pr tincbsa Date: 4/11 i 1 OFFICES: Very truly yours Brett Baker Vice President of Operations CHEYENNE, WY • NORTH PLATTE, NE SCOTTSBLUFF, NE • RAPID CITY, SD - An Equal Opportunity Employer - PO t#. 461000911 Routing 4. 17-HA4-ZG-00087-M000 I COLORADO Department of Transportation ihv'S:en Ct ii‘voje t 344)Pc • Contracts and Market Analysis Branch 4201 East Arkansas Avenue, Suite 200 Denver, Colorado 80222 Telephone (303) 757-9297 Facsimile (303) 757-9867 NOTICE TO PROCEED April 07, 2017 SIMON CONTRACTORS 1103 OLD TOWN LANE STE 201A CHEYENNE, WY 82009 STA 0853-101 US 85 Resurfacing Eaton to Ault Project Code: 20845 You are hereby notified that on April06, 2017. the Department of Transportation received a fully executed Contract and Bond, and acceptable evidence of insurance naming Liberty Mutual Fire Insurance Company as the insurer for Colorado Project No. STA 0853-101 on US 85 FROM EATON (MP 275.5) TO AULT (MP 280.3). We enclose herewith one duplicate original of the contract between this Department and your company. This letter is to verify "Notice to Proceed" was given by email on April 07. 2017, to the Region Construction Office. Work on this project may proceed. Time will be started as provided for in the contract, or when work is started, as authorized by the Engineer. Regards, Marci Gray Award Officer cc: CCU (Marci Gray) Jon Caldwell/att. (Federal Aid) Business Office (Region 4) T. Smith — Rm 274 Federal Highway Administration Document Builder Gcneratcd Rev. 12/09/2016 N. Bumpers/att. (Staff Constr.) Traffic Engineer (Region 4) Finals Engineer (Region 4) CENTRAL FILES Page 1 of 4 Applicant Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Name John Pinello/Brett Baker Company Simon Contractors Address 1103 Old Town Lane, Suite 201A City Cheyenne State WY Zip 82009 Business Phone 307-772-3200 Fax John cell: 307-286-4748 E-mail JPinello@simoncontractors.com Parcel Location & Sketch The access is on WCR 80.5 SH-257 Nearest Intersection: WCR 80.5 & WCR Distance from Intersection approx. 700', 1,400' & 2,000' Parcel Number 0705 16 0 000 54 Section/Township/Range 16-T7N-R67W Is there an existing access to the property? YES NO Number of Existing Accesses 1 Road Surface Type & Construction Information Asphalt Gravel ✓ Treated Other Culvert Size & Type 1$ `1 C re P OA irt4u.v ..vs ) Materials used to construct Access A44. BA 5E Construction Start Date Finish Date Proposed Use o Temporary (Tracking Pad Required)/ $75 o Small Commercial or Oil & Gas/$75 o Field (Agriculture Only)/Exempt ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Cactus Hill Ranch Co. Address P.O. Box 691 City Windsor Phone Fax State CO Zip 80550 E-mail ♦ = Existing Access A= Proposed Access T N u v v vcR 3 proposed access point attached site plan s, s : e WCR o Single Residential/$75 o Large Commercial/$150 Is this access associated with a Planning Process? n No Required Attached Documents - Traffic Control Plan -Certificate of Insurance n USR ❑ RE u ❑ Industrial/$150 o Subdivision/$150 o PUD o Other Right - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction./ --�? Signature Printed Name 7-0:1n- "37 z -%/D Date 5/1 /'2c1 7 Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 u Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO mars UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that cmon Contractors and Subsidiaries P.O. Box 209 Cheyenne WY 82003 J NAME AND ADDRESS OF INSURED Liberty Mutual. INSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ics) listed below. The insurance afforded by the listed policy(ics) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. OF POLICY EXP DATE POLICY NUMBER LIMIT OF LIABILITY ❑ COTYPE ❑ EXTENDED EXTENDED r� POLICY TERM WORKERS COMPENSATION 4/1/2018 WC7-631-004090-857 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: All States except: ND, OH, WA, WY EMPLOYERS LIABILITY Bodily Injury 1.000.000 by Accident Each Accident Bodily Injury By Disease $1,000,000 Policy I unit Bodily Injury By Disease $1,000,000 Fach Person GENERAL F4, COMMERCIAL LIABILITY OCCURRENCE 4/1/2018 TB2-631-004090-877 -Includes Per Project Aggregate -Includes xCU General Aggregate $2,000,000 Products / Completed Operations Aggregate $2,000,000 ❑ CLAIMS MADE Each Occurrence $2,000,000 Personal & Advertising Injury $2,000,000 Per Pcrson / Organization RETRO DATE Other Damages to Premises: $100,009 Medical Payments: $10,000 IAEach FA ❑ AUTOMOBILE LIABILITY OWNED NON -OWNED HIRED 4/1/2018 AS2-631-004090-867 Each $2,000,000 B.I. And P.D. Accident —Single Limit Pawn Each Accident or Occurrence Each Accident or Occurrence OTHER ADDITIONAL COMMENTS Certificate holder Access permit is named as additional insureds, as their interests may apply; with rights of subrogation. • lithe certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: I I Weld County, Colorado 1111 H Street Greeley, CO 80632 C'rn. m. ccnntg Liberty Mutual Insurance Group Courtney Connolly Weston / 0102 13 Riverside Rd; Riverside Office Park Weston MA 02493-2298 781-891-8900 4/28/17 AUTHORIZED REPRESENTATIVE OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10 34805175 I LM S7 14/17 1/18 Simon Contractors - All Linea I Donna Smitala 13/21/2017 8:55:18 AM (CDT) I Page 1 of 1 LDI COI 268896 02 11 Typical Traffic Control Plan Diagram ROA D WORK AHEAD 1 I500 FT 1 D 9 O 0 0 1 0 500 I•I Notes: 1. The above diagram is typical for normal shoulder work applications. Additional signing may be required. 2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic, channelizing devices are required for day use only. No night time obstructions are allowed. re nitt . ,., (ti 4. `7' w • om. 1" • • April 30, 2017 3:15 PM #2 Nortl ko South April 30, 2017 3:16 PM #2 East to West $ April 30, 2017 3:04 PM #1 East to West April 30,2017 3:02 PM #1 South to Forth' y c • CORR, Joshua (SPLAT) From: Sent: To: Cc: Subject: PINELLO, John (CHEYR) Tuesday, August 29, 2017 8:45 AM CORR, Joshua (SPLAT) COOPER, Clint (SPLAT); DANIELS, Derek (CHEYR); LUTZ, Joel (CHEYC) FW: Address CR 80.5 & Hwy 257 Josh, Please let all know who get deliveries to the site to use this address from now on: 8146 CR 80.5 Windsor, CO 80550 Thanks, From: Johnson, Anne[mailto:Anne.Johnson@tetratech.com] Sent: Tuesday, August 29, 2017 8:36 AM To: PINELLO, John (CHEYR) <JPinello@simoncontractors.com> Subject: FW: Address CR 80.5 & Hwy 257 ccrrge sent from Internet Zvi h Anne.Johnson(catetratech.coin as email c, From: Billie Moore [mailto:bmoore@weldgov.com] Sent: Tuesday, August 29, 2017 8:35 AM To: Johnson, Anne <Anne.Johnson@tetratech.com> Subject: RE: Address CR 80.5 & Hwy 257 Anne, es' uscs_ ccas„, cis SLAP ‘P-( CiLk`JH V\;_ 00Q-L6-CULD I have assigned a temporary address pending the USR approval. The temp address will be 8146 CR 80.5. If the main access point changes during the USR process then the address for the site will change. Thanks, Billie Moore Building Tech Weld County Planning Dept Building Inspection Division '(555 N 17th Av Greeley, CO 80631 970-400-3573 1 ORIGIN ID.BFFA (308) 632-2911 FLOYDS TRUCK CENTER 322 S. BELTLINE HWY EAST UN4 ED STATE§ US 6Q361 TO JONATHAN SIMON CONSTRUCTION 775 CR 80112 CA it S (308) 566-92: F ) fs PI 11111O11111111 st SHIP DATE: 30AUG11 ACTWGT 13.00 LB CAD: 10647418 311NET3920 BILL SENDER go Say( 1 li '1 , � 1 � ' M � , t ,, 1 4�, , } 1 A 4, { i4i 9 ,� ! 5 Il THU • 41 AUG 10:30A PRIORITY OVERNIGHT o" 7701 50561443 10:308 fRcilartp1oR\1N OVERNIGHT 60561449 8052 � 72 FICA DEN vv& 646O IIIIII� III�III�II I��IIII IIII�II I VIII VIII HI� 111111 111 /frig/WA y'. 1,1• '• o. le,.• •• •_ .• .- ‘ ` .. ( iii` I • + 1 t 4C"- ••• " -w- • f ` • • + • G a \ N �T f •1. Esther Gesick From: Sent: To: Cc: Subject: Letter No. 11 Kim Ogle Wednesday, October 25, 2017 10:11 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: Asphalt Plant Original Message From: Baszler [mailto:baszler@basz.org] Sent: Wednesday, October 25, 2017 9:56 AM To: Kim Ogle <kogle@weldgov.com> Subject: Asphalt Plant Kim, or who it may concern, EXHIBIT s 0 L 5 C tg--0oY3 I am writing to express my concern over a permanent, asphalt plant that is being proposed on HWY14 and WCR80.5. This location on the top of the hill is prime real estate and would have more value to the community then an industrial operation. In general this facility will lower the value of neighborhoods in the area. Clearly some better planning should be applied here given the growth of Severance and the value of this corridor for the development of surrounding neighborhoods and land. In order to maximize the tax base, and the livability of Weld county, an alternative site should be chosen. Sincerely, Frank Baszler 37000 Soaring Eagle Cir Severnace CO 80550 1 Tisa Juanicorena From: Sent: To: Cc: Subject: Letter 12 Kim Ogle Wednesday, October 25, 2017 11:16 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: Expansion of Asphalt and Concrete batch plant on Hwy 14 and WCR 80.5 From: Eric Lake [mailto:elake@hhlbcpa.com] Sent: Wednesday, October 25, 2017 10:44 AM To: Kim Ogle <kogle@weldgov.com> Subject: Expansion of Asphalt and Concrete batch plant on Hwy 14 and WCR 80.5 Kim, Thanks for talking with me on the phone on Monday. I want to send you this email to encourage the commissioner to vote no on this expansion. I believe that this plant in this location creates to many environmental issues that have not been studied and therefore the county, landowner and company operating the plant do not have a plan to mitigate these issue. This plant will first of all, will emit toxic pollutants into the air and water. As a land owner that the prevailing winds will carry these airborne toxins and smells across my property and my family's property I am very concerned about the effect of these toxins on the health of our family, and the community that is downwind from the proposed plant. This plant will also introduce toxins into the irrigation and ground water. Again my family's property is down stream and get its irrigation water from the ditch that is located next to the proposed site of this plant. In talking with you and my family members it has come to my attention that neither the county or the company that will operate the plant have had any environmental impact studies done on the placement of the plant and therefore I assume not one has come up with a plan to mitigate the negative impacts on the air and water quality. I would also like to remind you that you indicated that you indicated that the ditch company that owns and operates our ditch has to accept the historic runoff from this site and can't take action to stop the flow of the run off. All of this is very disturbing to myself and my family. The next environmental issue has to do with traffic from the site, additional air pollution from dust on the roads, noise pollution and lighting from the site. These issue will effect myself and my family as we do drive on Hwy 14 and WCR 80.5. There is a potential safety issue with so many trucks using the roads in the area and again I do not think the operator of the plant or the county has had an impact study done on the increase in traffic. As far as the noise is concerned I have heard that the temporary plant at this location produces a significant amount of noise and that may have been manageable as it was a temporary plant and there was an end in sight, not the case if the commissioner make this a permanent site. I think that the commissioner need to at least table the approval of this change until everyone has the time to study these issues. Thanks for your time Eric B. Lake Partner Holben Hay Lake Balzer CPAs 1777 S Harrison Street. Ste 1000 Denver CO 80210 N .0 S EXHIBIT lit. n - b D 1 T 303-759-2727 F 303-759-2728 elake@hhlbcpa.com www.hhlbcpa.com Click here to upload files securely using ShareFile! 2 10/26-12017- sl-gn th -Pig O 4 \--entt jJitet/1 b —Bo W€ker Lot --Fa cks ,Daa Do\Lek kiA 7ttctMe N«L itit, fili,ot1/4„ ea,„ it\ °-..kro ®Y► isswpSi-as c_c • , sue ten tz bid 110w,� toi‘n iCkre.; bieow a awl lic-k-Cks 6 roil cum dao me_dyctifton.cO►n s 4.L yet ik ?CO dieK\ a cc,/ ,/ 5 4 SD CJ — 4/ L. , Q1/v` l l \ c t°L! ` okSli\l\c ' \ • C U e� CC a frrini taCly.5 Cad 6 0 .11". tat-tra.. s4vt=z 44 31 tc cakkis ei-k ri . 2. o b `fi r- ,9- 27736)a (7;// @1Ador -O s4 -04.s 4k, e11 41/. doh s .eea. Kiev s _.2 Arfire-trrin Ar4t4r/4//4 Q-361°1- c57O -Z7.3 Ma Gam Linke/6),n Esther Gesick From: Sent: To: Subject: Addition to File, for USR17-0043 Thank you Kim Ogle Tuesday, October 31, 2017 8:03 AM Esther Gesick; Tisa Juanicorena FW: Email regarding Open House From: Johnson, Anne [mailto:Anne.Johnson@tetratech.com] Sent: Thursday, October 26, 2017 10:46 AM Subject: FW: Email regarding Open House la 2 5 EXHIBIT i2,5,21-1-00 Lk You are receiving this email because you either sent an email to Weld County prior to, and/or signed the Weld Board of County Commissioner's hearing Attendance List on October 25, 2017 regarding USR17-0043. Join us for an Open House Monday, October 30, 2017 5-7 pm Windsor -Severance Fire and Rescue 100 North 7t" Street, Windsor Enter the west door marked "training room. II Regarding Simon Contractors' application for a Weld County Use by Special Review, USR 17- 0043, at the Southeast corner of WCR 80.5 and SH 257 If you cannot attend this Open House, you may contact John Pinello from Simon Contractors at JPinello@simoncontractors.com regarding the proposed operation of the facility or Anne Johnson at Anne.Johnson@tetratech.com regarding the application. Thank you and we look forward to seeing you. 1 Esther Gesick From: Sent: To: Cc: Subject: Kim Ogle Tuesday, October 31, 2017 8:07 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: Severance Site Leroy Gray Letter of Support, USR17-0043 From: Leroy Gray [mailto:lgray9956@gmail.com] Sent: Sunday, October 29, 2017 7:41 AM To: Kim Ogle <kogle@weldgov.com> Subject: Severance Site N N a EXHIBIT vte-0 .11- 00470 I am all for this plant site! I think it would be good for the economy. It would help out with job opportunities in the community and surrounding areas. It would be a benefit for customers to have another choice to get asphalt and concrete from. 1 Esther Gesick From: Sent: To: Cc: Subject: Letter of Objection Kim Ogle Tuesday, October 31, 2017 8:13 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: regarding asphalt plant on hwy 14 and WCR 80.5 Original Message From: pdebaere@frii.com[mailto:pdebaere@frii.com] Sent: Monday, October 30, 2017 9:15 AM To: Kim Ogle <kogle@weldgov.com> Subject: regarding asphalt plant on hwy 14 and WCR 80.5 EXHIBIT v uED('4 1- As residents living at 10094 WCR 80 in Weld county near where this plant is located we object to making this a permanent expanded facility now or in the future. There are commercial industrial parks where this type of business can be better served than out in a rural area. The county roads in and around this area are heavily used and cannot be maintained now let alone when there is going to be heavy usage of a permanent plant with high traffic in and out of such a site. We have lived at the above address over 10 years and Weld county has done a pathetic job at best maintaining Weld County Road 21 and 80. They seem to ignore the overflow of irrigation water onto the road due to a lack of culverts and rain storms turning it into a mud hole during the summer and blowing snow in the winter. we cannot believe that you have so little consideration for the people who live in the area as to put an a industrial business into a rural area and lowering our property values. Please reconsider this proposal. Pam and Richard Debaere 10094 WCR 80, fort Collins, CO 80524 970-686-9144 1 Esther Gesick From: Sent: To: Cc: Subject: Linda Tufts Letter of Concern Kim Ogle Tuesday, October 31, 2017 8:23 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: Use by Special Review, USR 17-0043 From: Linda Tufts [mailto:lrtufts@gmail.com] Sent: Tuesday, October 31, 2017 7:53 AM To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Cc: Kim Ogle <kogle@weldgov.com> Subject: Use by Special Review, USR 17-0043 Good morning Commissioners, Below are the comments I was prepared to share with you at the October 25th meeting. I decided to send these to you in writing in advance of the continuance hearing on Nov 6th. Also, I'd like to make you aware the over 50 people attended the Open House with Simon Contracting last night who are opposed to this project. The opposition to this special use permit is growing in our community. Please listen to the concerns that are being expressed by myself and my neighbors that you have received and will be receiving in the coming days. My comments follow: This whole matter boils down to Community. The commissioners have to ask the simple question, "Does this batch plant in any way benefit our community?" NO! The problem is, you, the commissioners don't see a community when you consider a small corner on Hwy 257 & CR 80.5. You don't see any of us, the people who live here. You don't understand there is a community of people living all around that site that will be affected daily by this plant. You don't have to live 15' away from your neighbor in a townhouse, condo or house to be a close knit community. The people that live in this area, that will be affected by your decision today have had to work a little harder, spend more money to develop and build our hopes and dreams on these rural lots. You required each one of us to follow all the rules with codes and permitting yet you want to bend these same rules to allow this asphalt plant on property zoned for agricultural use. 1 Our homes may be 1/4 mile or more apart but that is part of the reason we moved out here. We wanted to be out of the fast paced traffic and congestion of the city. We expected to have livestock and crops around us; we did not anticipate that our area would be industrialized with this kind of business. And the fact that our houses are further apart does not mean our neighbors are any less important to us and that we don't have strong relationships with them. I live % of a mile from this site. I can hear the operation plain as day. I can't imagine what the concrete crusher will add to noise level once it is on site. Our family alone makes 12 trips past that intersection each day, so I can tell you that your road traffic report is not telling the true story. In addition, many people are now avoiding that intersection due to the increase truck traffic and dust from the site. We as residents should not have to alter our travel routes to accommodate this plant. You, as commissioners have been elected to serve your constituents, the people of Weld County. I ask you to consider us, your constituents, when making this decision. Put yourselves in our shoes and ask yourself if you would want this same plant in close proximity to where you live. Does this plant benefit the members of the community that its presence will impact? If the asphalt plant special use permit is denied will the decision negatively impact a great number of people? No! There are more suitable locations for a business of this nature that are more remote from residential properties. Make the right decision for the people of Weld County and just say NO. Respectully, Brian Tufts 2 Esther Gesick From: Sent: To: Cc: Subject: Linda Tufts Letter of Concern Kim Ogle Tuesday, October 31, 2017 8:23 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: Use by Special Review, USR 17-0043 From: Linda Tufts [mailto:Irtufts@gmail.com] Sent: Tuesday, October 31, 2017 7:53 AM To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Cc: Kim Ogle <kogle@weldgov.com> Subject: Use by Special Review, USR 17-0043 Good morning Commissioners, Below are the comments I was prepared to share with you at the October 25th meeting. I decided to send these to you in writing in advance of the continuance hearing on Nov 6th. Also, I'd like to make you aware the over 50 people attended the Open House with Simon Contracting last night who are opposed to this project. The opposition to this special use permit is growing in our community. Please listen to the concerns that are being expressed by myself and my neighbors that you have received and will be receiving in the coming days. My comments follow: This whole matter boils down to Community. The commissioners have to ask the simple question, "Does this batch plant in any way benefit our community?" NO! The problem is, you, the commissioners don't see a community when you consider a small corner on Hwy 257 & CR 80.5. You don't see any of us, the people who live here. You don't understand there is a community of people living all around that site that will be affected daily by this plant. You don't have to live 15' away from your neighbor in a townhouse, condo or house to be a close knit community. The people that live in this area, that will be affected by your decision today have had to work a little harder, spend more money to develop and build our hopes and dreams on these rural lots. You required each one of us to follow all the rules with codes and permitting yet you want to bend these same rules to allow this asphalt plant on property zoned for agricultural use. 1 Tisa Juanicorena From: Sent: To: Cc: Subject: DuPriest letter of objection Kim Ogle Tuesday, October 31, 2017 11:55 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: Proposed Asphalt and Concrete site at Cactus Hill From: James DuPriest [mailto:james.dupriest@gmail.com] Sent: Tuesday, October 31, 2017 11:22 AM To: Kim Ogle <kogle@weldgov.com> Subject: Proposed Asphalt and Concrete site at Cactus Hill Good morning, Am concerned how both the air and water quality will be assured. Stating that it will meet federal guidelines gives me minimal confidence in the era of the Trump administration and all regulations for both air and water quality are being set back 50 years. I have the farm directly south of Cactus Hill. With prevailing winds blowing from North to South, the air quality will most likely be greatly diminished South of Cactus Hill. Has there been any pre -air and water quality testing? Will there be any measures to monitor air and water quality during the duration of the plant in its existence? Will there be any plans in place if air and water quality are greatly diminished? James DuPriest 1 EXHIBIT In co November 1, 2017 To: Weld County Commissioners From: Ray and Joan Glabach Simon Contractors USR 17 — 0043 November 6, 2017 10:00am (Request for Permanent Concrete and Asphalt Plant) The residents and property owners in the vicinity of the proposed location only very recently became aware of the request by Simon Contractors to install a permanent manufacturing facility near the intersection of HWY 257 and Hwy 14. We attended the informational meeting held Monday evening, October 30, 2017. This meeting has caused us to write to you opposing the approval of this facility for a variety of reasons. Location: The location a half -mile south of the intersection of HWY 257 and HWY 14 is in a residential and agricultural area. Attachment #1 is an aerial photo clearly showing the agricultural nature of the area. Farms irrigated with water from canals and ditches populate the region. About two miles south the area becomes residential north of Windsor. There is currently no industry, other than oil & gas wells. Attachment #2 is an enlargement of the proposed location and the immediate area. Trucks and Traffic Safety: At the meeting, Simon repeatedly commented on "only" 250 trucks per day. When residents pinned them down on this, they admitted that that is 250 round trips, or 250 trucks arriving and 250 trucks leaving the site, or 500 trips. The plan is for all 500 trucks to enter and leave the site using the intersection of CR 80.5 and HWY 257 which is only a half - mile south of the intersection with HWY 14. In a 12 hour day, this is an average of a truck every 86 seconds. Those coming from the north would have to cross the north -bound lane of traffic to reach the site. Trucks leaving the site and going west on HWY 14 would have to accelerate, merge with the north -bound traffic, then immediately merge again into the turn lane all within the half mile from CR 80.5 to the traffic light. Those going south (and there will be a lot of them taking material to be used in the growing Windsor, Timnath, Severance areas) will need a gap in both the north -bound and south -bound lanes of traffic before pulling out from the stop sign. Numerous attendees at the Monday meeting described near -accidents and unsafe driving of trucks around the existing temporary plant. Large trucks turning across traffic lanes block the vision of other drivers creating a hazard every 86 seconds. Water Quality: The site plan presented by Simon conveniently does not identify the irrigation water canal that bounds the south edge of the site. This canal supplies water for livestock and crop irrigation and is not a drainage ditch. This was a major topic of concern by the residents on Monday. Attachment #3 is a copy of Simon's site plan that I have modified by showing that the canal immediately borders their two long, narrow detention ponds. Note that both ponds show a discharge port into the canal. At the meeting, they admitted that the ponds will not be lined, thus any liquids captured in them may percolate into the soil working their way into the canal. Note that the site plan shows all drainage going toward the canal. This will include natural precipitation, run off from their concrete washout area, equipment cleaning, spills of diesel fuel, oils, etc. The absorption mats discussed in the meeting may soak up some of the oily material floating on the water, but they will not address the dissolved contaminants. Those will be fed to livestock and crops. Noise: The site sits on an elevated location so that noise generated will travel a long way. Simon's site plan, and discussion in the meeting, indicated that there will be very little done to reduce the noise generated on the site. There will be no walls, no sound deadening was mentioned, etc. Three low berms on the west edge at HWY 257 will have little effect. They mentioned that from time to time they will be breaking up old concrete and asphalt for reuse. Jack hammers were mentioned!! They said that trucks will only be allowed to idle for five minutes, very unrealistic. Visual: There is no provision on the site plan for landscaping or other means to lessen the visual impact of this very industrial installation in this otherwise very agricultural area. It was mentioned that hoppers as tall as 65 feet will be used. Air Quality: The discharge from the asphalt furnace and the 500 daily trucks will add significantly to CO2 emissions and diesel fumes in that part of the county. The asphalt oils and chemicals used are volatile at the high temperatures they will be using. Some of these chemicals are naphthalene, high molecular weight phenols and carboxylic acids, saturated hydrocarbons, and heterocyclic compounds. Certainly some of these will find their way into the air we breathe, as well as the water for our farms. The New Jersey Department of Health and Senior Services (among others) has identified extracts of asphalts that cause cancer in animals. We were astonished to be told that no environmental impact statement has been submitted for this plan. General: From discussions in the meeting, and review of Simon's documents, their plan does not seem to be very well thought out. Numerous questions asked in the meeting were met with a blank stare, a shrug, or a very non -committal comment. An example was the numerous questions about why this site was selected. Clearly they look at the irrigation canal as a drainage ditch to dispose of waste products. When I asked how much water they would be using at peak production, there was no answer. Yet several nearby residents commented how their water pressure is already quite low. Several residents pointed out that trucks from the existing facility often travel east on CR 80.5 generating dust instead of west to HWY 257. The Simon representatives were unaware of this. Makes one wonder who is watching the store. Hopefully the County Commissioners will not approve Simon's application. But if you do, we would like to suggest that some changes be required: 1. To protect water quality, require the detention ponds to be lined and insist on a monitoring program that will report the water quality in each pond load to Weld County before it is discharged to the canal. 2. To reduce danger due to excessive truck turning, modify CR 19 and pave both it and CR 80.5. Install a traffic light at the intersection of CR 19 with HWY 14. Then require all trucks to access and depart the site from the east using that intersection. 3. To reduce noise, require an attractive tall sound deadening enclosure instead of chain link fence around the entire site. 4. To reduce the visual impact, require landscaping including trees along the boundaries with HWY 257 and CR 80.5 Hopefully the Commissioners will see their way to stand with the Weld County residents that would be impacted by this plan, instead of with an out of state industrial contractor. Sincerely, Ray & Joan Glabach 37076 Soaring Eagle Circle Severance, Co 80550 (970) 219-4868 Glabach123@yahoo.com I` I HIGHWAY 14 Google (-P., it" • ti Goo e le Earth 2017 Gnie HIGHWAY 14 C R 801/2 CONCRETE & ASPHALT PLANT PROPOSED LOCATION IRRIGATION CANAL 11\ \\\\\\\\\\\\\\\\\ \\ liNiki V,V1IHwyk,114 ATTACHMENT #2 nnn a • A • 3 2 4 A h r RUSTING ACCESS TORE CLOSED 0� )U --10�0100 SCCi f' -I 4 SECONDARY CONTAINMENT NOTE: r WESTERN MDSTACCESs /TOES RELOCATED 13u. ACCESS CONSTRUCTED AP 17 00:'0 TEE POLLOWIIi7 EQUmMENT AND USES WET. U LOCATED WITONTHR SECONDARY CONTAINMENT Email Burl HN TEMPORARY FACILITY ACCESS ROAD NOTE: UPON TERMINATION OP TEMPORAR T ACCESS USE. ONSI E CIRCUWION WI.LREVERT TO PROPOSED CIRCULATION USE BY SPECIAL REVIEW - USRI7-00## SEVERANCE READY MIX & ASPHALT PLANTS FOR: SIMON CONTRACTORS COMPANY ACCESS ALLUADYCONS TURCTED AP I7L0:90 A PART OF ATRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 16, TOWNS HIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M, COUNTY OF WELD, STATE OF COLORADO EASTERNMOST ACCESS TO IS RELOCATED HERE. APPROVED NOT CONSTRUCTED AP 17d0)R0 E)GSTEM3 ACCESS TO EE CLOSED DEIEN27 POt11 E-- IRRIGATION CANAL ----> LEGEND E TESTING MAJOR CONTOURS (, INT I EMTNq MINOR CONTOURS I I' TNT EXISTING SSCTION UN E - RPIKTOP.WAT LINE )O1103 EASEMENT NT EXISTING OVERHEAD O:U.WY C CWA EXISTING GRAVEL ROAD vROPEETTPEKX 'SR BOUNDARY PROPOSED STRUCTURE' EQUIPMENT MATERIAL STOCKPILES ETLRTD9O ASPHALT ROAD SCREENING RUM GRAVEL ROAD EXISTING UTURT P012 DRAINAGE FLOW MUM CIRCULATION PROPOSED PORTO ET PROPOSED TRASH ENCLOSURE SECTION COSWBR MARKER PROPOSED GATE CONCRETE WASHOUT AREA T1 OM PARIGN3 MARKED -UP NOTES: 1. The southern edge of the proposed site abuts the north edge of the irrigation water canal. 2. Drainage flow is north to south toward the canal. Spills, industrial contaminants, precipitation, and waste from the concrete washout area (CWA shown near the canal) will all flow toward the irrigation canal. 3. Detention ponds are not lined (per Oct. meeting) so some liquids will percolate into the ground. Others will flow into the two detention ponds that border the irrigation canal. 4. Both long, narrow detention ponds show discharge openings into the canal. 5. No provision is shown for noise reduction. 6. No provision is shown for landscaping or other means of reducing the visual impact of the industrial site on the surrounding agricultural and residential community. ATTACHMENT #3 CHEymINNe, E FRONTIER DAYS World's Largest Outdoor Rodeo & Western Celebration October 31, 2017 Simon Contractors Mark Madsen 6215 Clear Creek Parkway Cheyenne, WY 82007 Dear Mark: Cheyenne Frontier Days' is proud to partner with Simon Contractors. Over the past few years, we have built a valuable and mutually beneficial relationship. The Cheyenne Frontier Days' Mission Statement is to: Support the Community by promoting Western Heritage; Encouraging Economic Success and providing Educational Opportunities. As a result, of our partnerships, we have been able to continue to meet our mission statement for 121 years. Their ambitious support of both Cheyenne Frontier Days' and the Cheyenne community has been instrumental in the success of the event that attracts thousands of visitors from all 50 states and internationally. Cheyenne Frontier Days' could not prosper without the generous support of our caring partners. Sincerely, Sponsor Manager Cheyenne Frontier Days''' Board of County Commissioners Weld County Planning and Zoning 1555 North 17th Ave. Greeley, Colorado 80631 Re: USR17-0043 (Simon Contractors Company To Whom It May Concern November 1. 2017 By inserting this so-called "temporary" asphalt plant in our neighborhood Simon Contractors and Cactus Hill Farm ignore that this area is not zoned for heavy industrial activity. Their primary reasons for putting the plant in the midst of a region that is zoned as agricultural and public urban development is that access to two major highways undergoing expansion are nearby. At the same time they point out that since no materials are available at this site for use in the plant that they must be transported from southern Wyoming. In summary, • This asphalt plant falls within the "heavy industrial" category and is incompatible with this region. • Activity at the plant will result in a precipitous increase of heavily loaded truck traffic entering and leaving the plant to use local highways every 1.5 minutes. This represents a severe and dangerous departure from current road usage that cannot be mitigated by making simple adjustments along the affected highways. • According to highway infrastructure expert, Dan McNichol. fully loaded trucks cause damage to the edge of roadways and suspended areas on a magnitude that is over 30,000 times that caused by smaller vehicles. • The gravel resources needed by the plant are unavailable at this site, requiring Simon Contractors Company to transport materials from southern Wyoming to the plant where it is stockpiled and reconstituted. • That the constant cloud of dust generated from within and outside of the plant which is known to contain disease triggering mechanisms represent an "acceptable" risk to the residents, an argument that ignores the overwhelming evidence provided by health authorities that many of those living near or in the air stream of this asphalt plant will suffer a multitude of serious medical problems. Citizens are always at a great disadvantage when they look for a way to protect themselves from companies that take advantage of liberal regulations that allow the establishment of businesses that will not only permanently change the character of the community, but do so in a manner that threatens the safety and welfare of the people who live there. Such is definitely the case regarding the agreement made between Simon Contractors Company and Cactus Hill Farm in establishing an asphalt plant at the intersection of highway 257 and county road 80.5. It is in situations like this where those in county government represent our last and most hopeful form of defense. We understand that the existing highway infrastructure involving I-25 and Highway 85 needs immediate attention and as such requires strategically situated asphalt/concrete operations in proximity to these routes. As a consequence we respectfully request that the Commissioners help Simon Contractors Company find a more suitable location for this asphalt plant. Respectfully, 40361 WCR 17 (Turn this page over to see other signatures) Address ra/rr wea c7y /7 tr cc.%C; c o Asy Name ami'v , Adt-4 Address 4592 441 4 �1 Lv�1v /7 41� /.vs 4, '524- Y (�,I a Ca t'J 17, �� Lt C Q Ls.i CO 3)5071- 7417 Coe( siv) Cf• /c7t4 (d1l;mss, CO &o sz �{ 1477 (0,,k5,04, ,15 ,0 4, c- / E4 r4 (.11;Ai) Ai) co YO S.?'1 Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Thursday, November 02, 2017 10:00 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: Opposition to asphalt?concrete batch plant on Hwy 257 & WCR 80.5 Please add letter to the case file, USR17-0043 Simon Construction Thank you Original Message From: Cynthia Hirsch [mailto:clhirsch@hotmail.com] Sent: Thursday, November 2, 2017 9:49 AM To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kim Ogle <kogle@weldgov.com> Cc: Cynthia Hirsch <clhirsch@hotmail.com>; bruce Krohn <blkrohn@hotmail.com> Subject: Opposition to asphalt?concrete batch plant on Hwy 257 & WCR 80.5 To Who it Should Concern: As a 4the generation Coloradan and a SER resitdent for 11 years, I am appalled & very disappointed in even the consideration of such an industrial facility being considered for this location. Over the last few years we have seen tremendous growth in this area. Some positive, to try and improve and enhance the quality of life that is so appealing to the hundreds drawn to Northern Colorado. The very negative reputation of Weld County & the Greeley area as being smelly, dirty industrial and backward seemed to be slowly disappearing, until now. The proposal of this facility with the increased industrial traffic, negative constant noise, disturbing 24 hour lighting and not to mention in full the potential toxic pollutants to land, air & water for many decades to come are horrifying and backward for such potentially positive growth in this region. There are many other more appropriate sites for a facility like this, elsewhere, even in other parts of huge Weld county where residential growth is not occurring. I am sure what is being seen is just the tremendous monetary gain of just a few people directly or indirectly involved with the project. I appeal to the long term vision and intelligence for the County Commissioners to prevent this facility taking place for the good of the majority of the residents not only of Severance, Windsor, Weld County, but all of Northern Colorado. Sincerely, Cynthia Hirsch 37048 Golden Eagle Ct Severance, Colorado 80550 1 Esther Gesick From: Sent: To: Subject: Attachments: Julie Cozad Thursday, November 2, 2017 9:56 AM Esther Gesick; Commissioners; Kim Ogle; tammerajax1215@gmail.com FW: HWY 14 and WCR 80.5, Ft. Collins, CO. Signed Commissioner Letter.pdf Esther, Please make the attached letter a part of the official record for this case. Thank you, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 icozad(c�weldgov.com EXHIBIT 1A",21 -60 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: Tami Anderson[mailto:tammera.jax1215@gmail.com] Sent: Thursday, November 02, 2017 9:20 AM To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Subject: HWY 14 and WCR 80.5, Ft. Collins, CO. Attached please find our letter stating our concerns for the permit referenced above. The permit is set to be in front of the Commissioners on November 6, 2017 at 10:00 a.m. If you have any questions, please contact us at (970) 381-2670 Darin Anderson or (970) 302-3271 Tami Anderson. Thank you! 1 Esther Gesick From: Sent: To: Subject: Attachments: Julie Cozad Thursday, November 2, 2017 9:58 AM Esther Gesick; Kim Ogle; Commissioners; tammerajax1215@gmail.com FW: HWY 14 and WCR 80.5, Ft. Collins - Permit Signed Commissioner Letter.pdf Esther, Please make this attached letter a part of the official record for this case. Thank you, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 jcozad weldgov.com 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: Tami Anderson [mailto:tammera.jax1215@gmail.com] Sent: Thursday, November 02, 2017 8:46 AM To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; bkirmeyer@weldgov.com; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Subject: HWY 14 and WCR 80.5, Ft. Collins - Permit Attached please find our letter with concerns for the above referenced application going in front of the commissioners office November 6 @ 10:00 A.M. If you have any questions, please do not hesitate to contact us at anytime at (970) 381-2670 Darin Anderson or (970) 302-3271 Tami Anderson. Thank you! 1 Darin & Tammera Anderson 8985 WCR 80.5 Fort Collins, CO. 80524 November 1, 2017 Mike Freeman infreeman;alweIdt ov.com Julie Cozad, Chair jcro•r.ad'uweldgov.com Barbara Kirmeyer bkirkme) er a weldigov.com Sean Conway seonwayia,wcldgoy. com Steve Moreno snloreno@weldgov.conl RE: HWY 14 and WCR 80.5 Dear Ladies & Gentleman: We are writing this letter to voice our concerns and the compatibility of the proposed temporary asphalt plant being turned into a permanent facility located as referenced above. We are not against the use of asphalt, but the location is a huge concern to all. We do not want this type of industrial operation around our families, homes and animals. Asphalt plants mix gravel and sand with crude oil derivatives to make the asphalt used to pave roads, highways, parking lots across the U.S. These plants release millions of pounds of chemicals to the air during production each year, including many cancer -causing toxic air pollutants. This in turn, is hazardous to people, animals and agricultural farming community. We are aware the main reason for the plant being located at HWY 14 & 80.5 is mainly the price is right for the facility. However, there is no price, which will be right for the families who have spent their life savings to move to a quiet, healthy residential/agricultural area. Who possibly will have to relocate, have an increase or the start of health issues, or possible death! 1 Darin & Tamrnera Anderson 8985 WCR 80.5 Fort Collins, CO. 80524 The following is the main concerns for not wanting this type of facility in our neighborhood: Safety: This will be a heavy industrial activity with no perimeter fencing. Building of berms is not an acceptable solution to containing the issues at hand. Pollution: Asphalt plants are known to produce toxic air pollutants including arsenic benzene, formaldehyde and cadmium that may cause cancer, central nervous system problems, liver damage, respiratory problems and skin irritation. Not to mention the potential to pollute groundwater and contaminate irrigation ditches. Some families in the area already have health issues. They moved to this area to mitigate such problems. Water: We are aware that the water being used by the plant is currently and will continue to be dumped into the water irrigation ditch. This is contaminating the water used for animals and farms. The retention ponds are too close to the ditch, right of way is 25 feet. Dust: The releasing of silica dust into the air on a regular basis. There is no 100% that the plant can contain and dispose of dust. Again, there are residents who are allergic or have health issue living in this area. Noise & Odor: Drilling, blasting, rock crushing, back-up warning beepers on trucks and tailgates banging. Unpleasant odor emitting from: the asphalt plant, asphalt being loaded into trucks, asphalt being transported and diesel fumes from trucks. 24/7 days a week hours of operation will be requested for the asphalt plant during construction operation. As we know Colorado is booming with building, this will be more of a permanent request. Industrial is 80 dB while agricultural is 55 dB. They are currently applying for a sunrise to sunset permit with special circumstances; CDOT is one of their upcoming jobs. CDOT does a lot of work at night. Traffic: Increased truck traffic (250 trucks per day/500 round trips) which will increase accidents and loss of lives at this particular location. There is already a huge problem with the conduct of trucks and visibility. Environment: Loss of animal habitat, recreation, agricultural and joyful healthy living. Property Values: Residential values will have a significant decrease and will not recover. We respectfully ask, please put yourself in our homes, and ask yourself is this what you would want in your backyard. Do you want your children growing up in the shadows of an asphalt plant? Do you want your family, family members, friends, spouses being subjected to harmful 2 i 1 Darin & Tammera Anderson 8985 WCR 80.5 Fort Collins, CO. 80524 chemicals, noise, traffic accidents and loss health, life and enjoyable living? We feel this application should be denied and is better suited for an industrial area not agricultural/residential area. Thank you for your time. Sincerely, 74/7 7 ri . Anderson Date �a nmeiw P. PH -f mmera A. Anderson Date Esther Gesick From: Sent: To: Subject: Amelia Johnson <ameliaajohnson@aol.com> Wednesday, November 1, 2017 3:15 PM Esther Gesick Simon cement plant Weld County Commissioners Do not pass permit to change zoning and do not allow concrete and asphalt plant to be built. This is not the right area to allow industrial zoning. Already to much traffic congestion. Do not want more air pollution water pollution and noise pollutionmillltll This is agriculture and home zoning and should stay as such. VOTE NO USR17-0043 Nov. 6th meeting 10 a.m. Amelia Johnson 37101 soaring eagle circle Severance co 80550 Esther Gesick From: Sent: To: Cc: Subject: Please make a part of the record. Sent from my iPhone Begin forwarded message: Mike Freeman Wednesday, November 1, 2017 4:36 PM Commissioners Esther Gesick Fwd: asphalt Co objection to Weld Cty Rd 80 1/2 From: doylegreg5@aol.com Date: November 1, 2017 at 4:28:59 PM MDT To: mfreeman@weldgov.com Subject: asphalt Co objection to Weld Cty Rd 80 1/2 Hi, My name is Laura Doyle, just a small time farmer of some pretty awesome show goats. I live off Hwy 257 & County rd 80 1/2 just south of Hwy 14. I am in a residential/ agricultural zoned area with lots of cattle farmers and livestock here. In May 2017, land was being cleared to accommodate CDOT to widen northern US 85 by Ault to Cheyenne. We were told this 34 acre lot was for materials only to be taken to the US 85 sites. Numerous dust storms from the site have been going on, to include trucks ideling all night, horns, back flow meters and grinding operations after 10 pm. They used my address as their worksite delivery address for 3 1/2 months with deliveries of Conex boxes, pallates, parts and solutions at any random time of the day when I am a night shift nurse to my home. I complained many times of code violations and our neighbors feel helpless by this companies abuses. They are Simon Contractors out of Cheyenne. I am writing as I was up front by reporting to the Simon Contractors project manager(John Pinella) of my show goats, their value of $2,000-5,000 each and the high risk they are to dust pneumonia. I am now watching the babies die a rapid death due to uncovered piles of dust, grinders and trucks leaving the plant every 3 minutes without covers, and no proper water truck dust mitigation. Please help me, I know you are a good man and you protect the farming and agriculture issues in our area and generally have a big heart for wanting a clean, productive Colorado. I believe there is unused Industrial Land this company can find elsewhere without ruining others right to farm and without contaminating the water that feeds two large dairies ( Wolf Creek dairy on WCR 78 and Hirsch dairy on WCR 17 by Severance.) and 3 fishing lakes. We as a community wanted a solar farm in our area to support green companies and improve our area. Thank you so much for all the wonderful things you and your staff do for us in Colorado. Have a great day and any consideration is very appreciated!!! I believe between health issues, contamination of farm land and our rivers and lakes and loss of right to have a farm in Weld County are valid issues the commissioners need to re- evaluate. The final vote at the Weld County Commissioners office is November 6 @ 10am Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Thursday, November 02, 2017 10:25 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: Safety Concerns, Flawed Traffic Study for Simon Concrete Another letter to be added to the Simon file. Thank you From: Julie Cozad Sent: Thursday, November 2, 2017 9:58 AM To: Esther Gesick <egesick@weldgov.com>; Commissioners <COMMISSIONERS@co.weld.co.us>; Kim Ogle <kogle@weldgov.com>; crhergett@gmail.com Subject: FW: Safety Concerns, Flawed Traffic Study for Simon Concrete Esther, Please make the email below a part of the official public record for this case. Thank you, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street P O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 icozad@weldgov.com a 2 EXHIBIT J� F r 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: Candy & Randy Hergett [mailto:crhergett@gmail.com] Sent: Thursday, November 02, 2017 8:24 AM To: Esther Gesick <egesick@weldgov.com> Cc: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Subject: Safety Concerns, Flawed Traffic Study for Simon Concrete Please include this in the commissioner's packet for: USR 17-0043. Nov. 6, 2017. 10AM. Simon Concrete 1 While I share others' concerns regarding noise, lighting, and pollution on the Simon Concrete proposal, your biggest concern should be safety. I believe the traffic study is biased and flawed. While it does mention that Hwy 257 is already one of the busiest roads in northern Weld County, with a 65 -mph speed limit, the study does not mention several points: 1. There is a large oil & gas site going in now, whose entrance to Hwy 257 is literally across the road from County Road 80 1/2. This will add significant traffic for several months, and long term traffic at the intersection. 2. The Rocky Mountain Sports Park (RMSP), which includes commercial businesses in addition to baseball fields, will add significant traffic in the area. This is not mentioned in the study, even though it had been announced. 3. The RMSP traffic will peak in the summer months, peak traffic from the concrete/asphalt plant would likely be during the same timeframe. 4. Based on where growth and construction is, logic would say the majority of Simon Concrete trucks would turn left onto Hwy 257. There is no mitigation plan for this in the study. In making your decision on this project, please consider the safety of the thousands of people who travel on this road daily. There has to be a safer location for this operation. Sincerely, Randy Hergett 2 November 2, 2017 Eric and Treva Steidl 9750 County Road 78 Fort Collins, CO 80524 Weld County Planning Services ATTN: Kim Ogle, Planner 1555 North 17th Ave Greeley, CO 80631 SUBJ: COMMENTS REGARDING SPECIAL REVIEW PERMIT, USR17-0043, MINERAL RESOURCE DEVELOPMENT INCLUDING ASPHALT AND CONCRETE BATCH PLANTS - CACTUS HILL RANCH COMPANY C/O SIMON CONTRACTORS To whom it may concern, We operate a 110 -acre ranch with irrigated pastures located at 9750 County Road 78. While we are not directly adjacent to the proposed site, we do draw our irrigation water from the Larimer Number 2 Canal which located on the southern boundary of the site. We are also located downwind (prevailing winds being from the north west) from the site. We did not have a position for or against when we attended the County Commissioners public hearing on Oct 25, 2017 and the Simon Contractors Community Meeting/Open House on Oct 30, 2017. We found the Community Meeting/Open House to be informative, however it did not appear to change the direction Simon Contractors is headed. In short, this asphalt and concrete batch plant are industrial activities complete with the pollution (e.g. contaminated storm water runoff, noise, light, and dust) and associated heavy truck traffic that will be injected into a rural residential and agricultural setting. From a procedural standpoint, Simon Contractors appears in compliance with Federal, State, and Local rules and regulations governing this type of activity. However, it also appears little concern was given to the impacts this industrial activity will have on the local community. By admission from the Simon Contractor representative, the site was chosen based on their cost -benefit analysis (i.e. what was profitable for them). Yet, in listening to their responses to community concerns, the cost -benefit analysis of the residents affected by their activity was not considered. We left the Community Meeting with an opinion; after considering the activities already associated with the plant and combining the responses by Simon Contractors to community concerns, we are now opposed to the granting a permanent Special Use Permit. Specifically, we desire to have the following concerns entered in the public record and made available to the Weld County Commissioners for their consideration and action. 1. Concern: Contaminated storm water, waste water, and in -process water runoff from site being dumped into the Larimer Number 2 Canal. Reference: Colorado Department of Public Health and Environment, Water Quality Division (CDHPE (WQCD)), Permit COG500000 (Discharges from Sand and Gravel Mining and Processing). CDHPE(WQCD), Permit COG500000, Public Comment and Division Response (dtd October 13, 2016) CDHPE (WQCD), Permit COG500000, Fact Sheet (dtd October 13, 2016) Discussion: The site is positioned directly north and adjacent to the Larimer Number 2 Canal, which is the source for users of irrigation water in the local area. The plant operator has positioned catch ponds on the southern boundary of the site to catch runoff, waste and in -process water. According to Simon Contractors these ponds will hold this water for up to 72 -hours before it is dumped into the Canal. Simon Contractors indicated that this water would be tested and contaminates will be removed prior to the water being released into the Canal, however they were unable to tell us how "clean" the water will be before it is dumped. Simon Contractors asserted it would be as clean as the water already in the canal, but this assertion is unverifiable as there are no records of any testing of the canal water from above or below the site, nor are there any records of testing conducted on runoff water in the ponds. When asked if any other asphalt plants dumped runoff water into an irrigation canal, Simon Contractors did not know of any, but did say their plant in Sterling dumps into the South Platte River. This is not an accurate comparison given the enormous difference between the flow rates and dilution associated with the South Platte River and the Larimer Number 2 Canal. Storm water discharge permits for both Asphalt Batch Plants (SIC 2591) and Concrete Batch Plants (SIC 3273) are covered under COG500000 and require the plant owner to develop and implement a Storm Water Management Plan that includes best management practices to prevent practices to prevent discharge of pollutants in storm water runoff. Furthermore, spill remediation and monitoring are required. According to public comments received on COG500000 and division response, the following sections are applicable to the concern: Asphalt Batch Plants. EPA documented the pollutants that are typically associated with asphalt paving manufacturing facilities, which includes asphalt batch plants, in the federal register with the issue of the 1995 MSGP (60 Federal Register 189, p. 50861. September 29, 1995). For material storage and handling activities, typical pollutants included total suspended solids, oil and grease, pH and chemical oxygen demand (COD). In addition, the 2006 industrial factsheet series issued by EPA for Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers (US Environmental Protection Agency. EPA - 833 -F-06-019, Dec. 2006) identifies the pollutants that may be present in storm water discharges from these industrial activities, which includes asphalt batch plants. This factsheet expands the list of pollutants identified in the 1995 FR to also include total dissolved solids (TDS), biochemical oxygen demand (BOD), benzene, methylene blue active substances (MBAS), and metals. - Concrete Batch Plants. EPA documented the pollutants that are typically associated with concrete mixing operations in the federal register with the issue of the 1995 MSGP (60 Federal Register 189, p. 50869 and 50870. September 29, 1995). For concrete mixing activities, typical pollutants included TSS, pH, COD, lead, iron and zinc. At facilities that also conduct equipment/vehicle fueling and maintenance, additional potential pollutants included oil and grease, BOD, lead, aluminum, arsenic, cadmium, chromium, and benzene. In 2006, EPA issued an industrial storm water factsheet series and identified the pollutants that may be present in storm water discharges from concrete manufacturing operations and BMPs to control these pollutants (US Environmental Protection Agency. EPA -833-F-06-020, Dec. 2006). The pollutants identified in the 2006 fact sheet included TSS, pH, COD, lead, iron, zinc, oil and grease, BOD. Monitoring and reporting requirements stipulated by COGS00000 are best described as "self - monitored with an occasional spot check by state inspectors". There are a substantial number of agricultural operations that draw water from the Larimer Number 2 Canal for crop irrigation and livestock water and when combined with the health risks associated with these pollutants, this methodology might not be the best interest of the affected parties. Furthermore, we were unable to find any publicly accessible records for this plant which describes the site -specific Storm Water Management Plan, spill contingency plans, monitoring reports, or inspections. Lacking substantiated and verifiable data to support the operator's assertion on water quality, we believe the risk posed to all agricultural users downstream is significant. Unless the runoff water from this site is cleaned and filtered to potable standards, it will contain some level of pollutants, hazardous chemicals, metals, and solids that will flow onto our fields and into the food chain. Recommendations: - Prohibit the dumping of storm water, waste water, and in -process water runoff into the Larimer Number 2 Canal or any other agricultural irrigation feature. Mandate storm water catch ponds are lined to prevent leaching of pollutants, hazards chemicals, and heavy metals into the underlying soil and eventually into the Larimer Number 2 Canal. Ensure Weld County Environmental Health is routinely monitoring and verifying plant operator compliance with GOC500000 and additional Weld County requirements stipulated in the Weld County Special Use Permit. - Make all documents related to Storm Water Discharge (e.g. Storm Water Management Plan, Spill Contingency Planning, inspections, reporting, etc.) available to the public. 2. Concern: Negative Impact on Air Quality on the surrounding community Reference: Colorado Department of Public Health and Environment, Air Pollution Control Division (CDHPE (APCD)), Fact Sheet - Environmental Regulations for Hot Mix Asphalt Plants (dtd August 2014) CDHPE (ACPD), Denver Metro Area/Northern Front Range (DMA/NFR) Nonattainment Area Designation (dtd February 12, 2009) New Source Performance Standard (NSPS): CFR 40, Subpart I Discussion: According to the CDHPE (ACPD) fact sheet, hot mix asphalt plants and concrete batch plants have the potential to emit volatile organic compounds (VOCs), carbon monoxide (CO), nitrogen oxide (NOx), sulfur dioxide (SO2), and particulate matter (PM). As such they are required to install controls and take steps to reduce harmful air emissions. These controls and measures include counter -flow mixing equipment, baghouse systems, enclosed or partially enclosed conveyors, and top -of -silo emission recovery systems. Additionally, dust control plans are required to be in place to control fugitive dust from material storage and handling areas and from trucks traveling on haul roads. The site is in the DMA/NFR Nonattainment Area as designated by CDHPE (ACPD). All Colorado hot mix asphalt plants are required to comply with federal requirements outlined in NSPS, CFR 40, subpart I and further addressed in Colorado Regulation No 6, Part A, Subpart I. In short, these regulations set limits on the emissions from hot asphalt plants. Furthermore, the plant operator must conduct testing to measure emissions and if the emissions exceed the limits then an Air Pollution Emission Notice (APEN) is required to be submitted. Additionally, if emissions exceed specified levels, an Air Permit must be granted. CDHPE (ACPD) conducts routine inspections on a routine basis, normally 3-5 years, but in some cases annually. Despite assertions from Simon Contractors that they were meeting all mandated air quality standards, we were unable to find any publicly accessible Air Quality records for this site which describe site specific testing/monitoring for pollutants, emission mitigation measures, or dust abatement measures. It is also unknown if an APEN was submitted or if an Air Permit was required/issued. Recommendations: Mandate that the state inspection interval is annual. - Ensure Weld County Environmental Health is monitoring and verifying plant operator compliance with Federal, State, and local Air Quality standards, Air Emission Reporting requirements, and mitigation measures. - Make all documents related to air quality and emissions monitoring/reporting/mitigation publicly accessible. 3. Concern: Current traffic volume on State Highway 257, speed limit on State Highway 257, lack of turn lanes for deceleration/acceleration on State Highway 257 when combined with projected truck traffic entering and departing the site will create a public safety hazard. Discussion: The plant operator stated that this site will add approximately 500 additional heavy truck trips along CR 80.5 and State Highway 257. The plant operator conducted a traffic study sometime during the summer of 2017 on which they based discussions with CDOT regarding improvements to State Highway 257 and CR 80.5. However, numerous residents who live on CR 80.5 disputed the validity and timing of the survey since it did not account for increased residential traffic associated with school being in session. At present, there are no turn lanes for deceleration/acceleration on State Highway 257 at this intersection to accommodate the significant increase in heavy truck traffic. The speed limit along State Highway 257 at this intersection is 65mph. The speed differential and turning radius of large trucks creates a significant hazard to vehicular traffic. Additionally, CR 80.5 is not wide enough to accommodate turn lanes for northbound turning traffic or for semi -truck traffic turning off State Highway 257. Weld County Road 80.5 is a semi -improved, gravel road that provides access to rural residential and agricultural operations in the area. It is maintained/graded by Weld County on a semi -routine basis. As we have experienced along other county maintained gravel roads (e.g. WCR 78, WCR 21, etc.) that are subjected to heavy truck traffic, these roads are extremely rough with "washbording" and "potholes". Grading operations will mitigate the rough roads for a brief time, but does not eliminate them. Despite assertions from Simon Contractors that truck traffic would only use CR 80.5 to access State Highway 257, residents routinely see truck traffic going eastbound on CR 80.5, turning north on CR 19 to access State Highway 14. Of note, this route avoids the stop light at State Highway 257/State Highway 14. Finally, the rocks, pebbles, and mud carried off WCR 80.5 onto State Highway 257 creates an airborne hazard that results in broken and cracked windshields when this debris is kicked up. Recommendations: - Redo the traffic study to accurately assess the impact of the approximately 500 additional truck trips along WCR 80.5 and State Highway 257 during a period of peak usage by local residents. Mandate construction of north bound and south bound turn lanes on State Highway 257 to account for deceleration, acceleration, and turning radius of truck/trailer operations. Mandate construction of north bound and south bound turn lanes on CR 80.5 to account for truck turning onto and off State Highway 257. Mandate the measures to be undertaken to minimize/mitigate dust and road erosion caused by heavy truck usage on CR 80.5. Mandate that the plant operator must mitigate/remove debris carried out on to State Highway 257. Mandate primary travel routes for trucks arriving and departing the plant and restrict alternate routes. 4. Concern: Adverse effects of noise and light pollution on the surrounding community. Discussion: The plant is currently operating under a temporary permit which allows for operations +/- 1 hour of sunrise/sunset. While the plant operator constructed a berm on the western boundary of the site along State Highway 257, there were no attempts to mitigate sound and light pollution on the northern and eastern boundaries. It should be noted the overwhelming majority of residents affected by noise and light pollution from the site live to the north, east and south of the plant. Simon Contractors was asked about the feasibility of constructing a "sound wall" similar to those seen around gas/oil drilling operations to mitigate the sound and light pollution emanating from the site. The plant operator's response was non -committal only stating they had already constructed a berm to the west. There was some confusion regarding the eventual zoning and maximum sound limits associated with the zoning. This needs to be clarified as there is a significant difference between day/night noise limits associated with Commercial, Light Industrial, and Industrial activities. Simon Contractors also indicated any corrective actions to reduce noise pollution were complaint driven. In other words, they would not take proactive action unless the community complained. Recommendations: - Mandate the construction and of noise and light pollution mitigation measures and community accommodation measures (e.g. 30 -foot -tall sound wall, high berms, restricted hours for crushing, etc.). - Clarify the maximum day/night noise levels. - Ensure Weld County Environmental Health is monitoring and verifying plant operator compliance with noise regulations. - In the interest of community relations, the plant operator should proactively rather than reactively address noise and light pollution. 5. Topic: Duration of Weld County Special Use Permit Concern: The current permit is a temporary permit set to expire on Nov 15, 2017 with the option for two (2) 6 -month extensions. The request before the County is to issue a permanent permit. Discussion: Simon Contractors inferred that the temporary permit was restricting their ability to conduct 24/7 operations. The temporary permit enabled the plant to support highway construction for US 85 as much of construction occurred during daylight hours. However, CDOT improvements to 1-25 generally occur at night and unless they could operate at night they could not compete for this contract. Of note, nighttime operations require an exemption letter, however given the priority placed on State and Federal projects, Simon Contractors inferred obtaining an exemption letter was not an issue. We believe this is significant. Simon Contractors was unwilling to address noise and light pollution concerns beyond the minimum standard tor the activities already occurring, today. We have little confidence that Simon Contractors will address these concerns when it comes to 24/7 operations. Given the scope of concerns raised in this letter and other letters and comments regarding operation of this plant at this location, risks posed to our irrigation water supply, potential for adverse impacts to air quality, noted impacts from noise and light pollution and lack of mitigation efforts, and unresolved traffic and road maintenance/improvements, the approval of a permanent permit now is not in the best interest of the affected residents and existing agricultural operations. Recommendations: Do not grant Simon Contractors a permanent Special Use Permit. - Mandate Simon Contractors complete necessary studies and mitigate the concerns raised by citizens already adversely affected by the location and operation of this plant. - Reevaluate later whether issuance of a permanent Exclusive Use Permit for this site is warranted. Summary: We attended the Community Meeting hosted by Simon Contractors with an open mind as to the location, operation, and potential for associated adverse impacts. While the plant operator and representatives listened to the community voice their concerns, outside of addressing road improvements, there was very little commitment given to addressing real concerns regarding water, air, noise, and light pollution, and the impact of their operations on the local community. This was disappointing. We implore the County Commissioners to ask the tough questions to Simon Contractors and demand legitimate and definitive answers along with actual mitigation measures to address the concerns raised by those affected by the plant's location and operation. We would ask the County Commissioners to consider the following as they deliberate the way forward: - Are the adverse impacts and community concerns associated with this asphalt and concrete batch plant incompatible with the population density and agricultural activities in and around this location? - Are there better locations for this industrial activity such as an industrial park where accommodations for storm water runoff, noise, dust and light pollution are already in place? - Are there other sites that meet the operator's requirement to be accessible to 1-25? Have the environmental impacts been fully vetted? We would recommend reviewing whether the National Environmental Policy Act (NEPA) applies. O Ref: Determining When NEPA Applies to Nonfederal Activities, C.E. Eccelston and B.D. Williamson, July 1996, published in the Federal Facilities Environmental Journal. In summary, until the County Commissioners are satisfied that the concerns raised by the surrounding community have been fully addressed, the request for a permanent Special Use Permit should not be granted. sp tfu l ly ' U Eric Steidl // Treva Steidl F/CL_L Esther Gesick From: Sent: To: Subject: Michael Berumen <opinealot@gmail.com> Wednesday, November 1, 2017 6:15 PM Esther Gesick USR 17-0043. Nov. 6, 2017. 10AM. Simon Concrete Dear Commissioners, My wife and I moved to Soaring Eagle Ranch in Severance in 2011 to spend our retirement years there in relative peace. We specifically looked for a place well outside of the typical urban and suburban environs to enjoy a more countryfied existence without the bright lights, traffic, and noise, and with all the qualities and benefits that an agricultural -rural area has to offer. We realize progress is inevitable, and that our rarified community will not be isolated forever. However, with that said, having an unsightly, busy, toxic, noisy, and potentially hazardous (to vehicles, pedestrians, wildlife, and health) asphalt plant down the road was not one of our expectations. There are more remote places not inhabited by people and less concerning to the environment than this area. We strongly object to having this unsightly and potentially dangerous plant being located near our home. Whatever tax revenues might be gained by its presence could be more than offset by other kinds of businesses and residences that are less problematic, not to mention the several hidden social and environmental costs of such an enterprise. I believe in property rights, to be sure. But not in absolute rights when the use of the said property so blatantly interferes with the lives, well being, and health of others, which is the sine qua non of the principles underlying just zoning. Please, I beseech you, do not allow this hazardous monstrosity to be built in our area. Sincerely 1 Michael E. Berumen 37155 Dickerson Run Severance, CO 80550 9 70-674-3555 LARAMIE COUNTY COMMUNITY COLLEGE ` �(1 u.Gil Cdalton. Attention: Kim Ogle Weld County Subject: Letter of Reference for Simon Contractors November 2, 2017 Dear Selection Committee, It is my pleasure to submit a letter of recommendation for Simon Contractors. The team at Simon Contractors is a dedicated community partner in Cheyenne and Laramie County, Wyoming. I have always found them to be courteous and philanthropic and generous. I have enjoyed learning about Simon's involvement with the community and beyond that, I have had the pleasure of working with their employees during a campaign to raise scholarship funds for students at our community college. I am inspired by the passion of this company to help serve our community through word and deed. They recently developed a program by promoting the sales of "Big Boots." All proceeds have gone to develop a scholarship at Laramie County Community College to benefit students in the career and technical trades programs. Simon Contractors has been working hard to recruit employees into the career and technical trades and they realize that we need partner in our community to make these things happen. Simon Contractors is seen at community events including, Chamber of Commerce, Cheyenne Frontier Days, Animal Shelter, etc. It is very rare that they are missing from a community gathering. It is without hesitation that I recommend Simon Contractors. They are dependable, reliable and wonderful members of our community. If I can provide you with any other information, please feel free to contact me. Sincerely, it(1 - u Lisa Murphy Laramie County Community College Director of Events Planning and Alumni Coordinator I 1400 E. College Drive • Cheyenne, WY 82007 • 307.778.1285 • lcccfoundation.edu Tisa Juanicorena From: Sent: To: Subject: Attachments: Karla Ford Thursday, November 02, 2017 2:58 PM Tisa Juanicorena FW: USR17-0043 Itr to CC 11.2.17.pdf Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com :: My working hours are Monday -Thursday 7:00a.m.-4:00 p.m. Friday 7:00a.m. - Noon 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 Frick [mailto:donfrick@fbgpc.com] Sent: Thursday, November 02, 2017 1:37 PM To: Karla Ford <kford@weldgov.com> Cc: Dennis Harmon <dharmon@wtrsupply.com>; Keith Amen <keith@amenfarmingfeeding.com> Subject: USR17-003 Ms. Ford, Please see the attached letter to the Board of County Commissioners. Thanks, Don Frick Donald E. Frick Fischer, Brown, Bartlett & Gunn, P.C. 1319 East Prospect Road Fort Collins, CO 80525 (970)407-9000, ext. 218 (970)227-9040 (cell) (970)407-1055 (fax) donfrick(a fbgpc.com www.fbbglaw.com 1 FISCHER, BROWN, BARTLETT & GUNN, PC WILLIAM R. FISCHER MARGARET A. (Meg) BROWN DANIEL K. BROWN BRENT A. BARTLETT LISA A. LARSEN SAP,A ).L. IRBY DONALD E. FRICK ATTORNEYS AT LAW 1319 East Prospect Road Fort Collins, CO 80525 November 2, 2017 Weld County Board of County Commissioners C/O Karla Ford, BOCC Office Manager 1150 0 Street Greeley, CO 80631 Via Email: kford@weldgov.com WARD H. FISCHER (1929-1996) WII..LIAM H. BROWN (Of Counsel) WILLIAM C. GUNN (Of Counsel) Phone: 970.407.9000 Fax: 970.407.1055 E-mail: fbg@fbgpc.com Website: www.fbbg law.corn RE: USR17-0043, Application of Cactus Hill Ranch Co., Simon Contractors Comments on Behalf of the Water Supply and Storage Company Weld County Board of County Commissier?rs: Please be advised that Fischer, Brown, Bartlett & Gunn, P.C. represents the Water Supply and Storage Company (the "Company"). I have been asked to respond on the Company's behalf concerning Cactus Hill Ranch Co.'s (the "Applicant") proposal to construct a commercial asphalt and concrete plant (the "Proposed Facility") which is currently pending review by the Weld County Commissioners in Case No. USRI7-0043. The Company objects to the County's approval of the application for the reasons set forth below. The Proposed Facility will be located immediately up gradient and adjacent to the Larimer County Canal (the "Canal") which is owned and operated by the Company. According to the drainage report submitted by the Applicant, all storm water will initially be detained in two on -site detention facilities and subsequently discharged directly to the Canal. It also appears that the quality of some of the storm water will be "improved" by use of a so-called "Aqua -Swirl" prior to discharge into the Canal, however, some storm water may be discharged the Canal without any treatment via spillways on the detention ponds designed to pass larger storm events in the event the detention ponds' outlet works malfunction. Under Colorado law, a property owner cannot unilaterally alter historical drainage patterns and drainage structures on the property without permission from the structure owners, including ditch companies, and down -gradient landowners. Specifically, "natural drainage conditions can be altered by an upper [landowner] provided the water is not sent down in a manner or quantity to do more harm than formerly." Hankins v. Borland, 431 P.2d 1007 (Colo. 1967)(Emphasis added). Our understanding is that it is the Applicant's position that it only needs to make an "attempt" to obtain an agreement with the Company for the discharge of storm water to the Canal. The application requirements for uses by special review contained in Sec. 23-2-50 requires the applicant to submit: a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. Sec. 23-2-50 B.14. However, the County's storm water drainage standards adopt the Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manual (the "UDFCD Manual"). See Sec. 23-12-20 A. Volume 1 of the UDFCD Manual provides as follows: Use of irrigation ditches for collection and transport of either initial or major storm runoff should be prohibited unless specifically provided in a [Weld County] master plan or approved by [Weld County] and the ditch owner, following adequate hydraulic engineering analysis that demonstrates such use is without unreasonable hazard, UDFCD Manual, Vol. 1, Sec. 4.4 (emphasis added). Thus, the County cannot approve the Proposed Facility unless the Applicant obtains approval from the Company for the discharge of storm water from the Proposed Facility to the Canal. The Company is obligated to protect the Canal, its shareholders, and the public from any harm or injury resulting from use of the Applicant's proposed use of the Canal, and the Company has significant concerns about the Applicant's proposal to discharge water to the Canal. While some of the local runoff from the property may have historically been discharged to the Canal, the Proposed Facility will alter the timing, quantity and quality of the water entering the Canal, and the Company has no obligation to accept such water in the future. The Company is particularly concerned because the Proposed Facility will produce Volatile Organic Compounds and other toxic materials which, if not properly contained or removed from on -site storm water runoff, will adversely impact the water quality in the Canal to the detriment of the Canal and the Company's shareholders. While the Administrative Review report in Case No. USRl7-043 recommends approval of the Application, it does so on the condition that: The applicant shall submit evidence from Larimer County Canal Company that the canal will accept overland flows of water from the property into the canal. Evidence shall be submitted in writing on company letterhead, to the Weld County Department of Planning Services. As noted above, this requirement is consistent with the County Code requiring an agreement with the Company for the discharge of storm water to the canal. While the Applicant has met with representatives of the Company to discuss the Proposed Facility, the Applicant has not proposed any agreement for the Company to review, and the Company cannot represent that such an agreement can even potentially be reached with the Applicant due to the aforementioned concerns. Accordingly, the Company requests that the County deny the application absent a written agreement with the Company for the discharge of water from the Proposed Facility to the Canal, or an alternate means of preventing any discharge storm water to the Canal. Should you have any questions or concerns, please do not hesitate to contact me. Donald E. Frick Esther Gesick glom: Sent: To: Subject: Cynthia Hirsch <clhirsch@hotmail.com> Thursday, November 2, 2017 10:18 AM Esther Gesick Opposition to USR 17-0043. Nov. 6, 2017. 10AM. Simon Concrete I am tremendously opposed to the development of this facility for the following reasons. USR 17-0043, Simon Concrete 250 round trips in a 12 hour day (is 500 ins & outs). Average is 1.44 minutes or a truck in or out every 86 seconds. All turning from a single lane (currently dirt) onCR 80.5 left or right onto or off of HWY 257. We were told that 85% of the trucks will go north to HWY 14. Doubtful given the rate of growth of Windsor, Severance, Timnath, the intersection of CR 74 and HWY 257 five miles south (Sports Park, plans for hotels, shopping, etc there. Existing temporary plant trucks often do NOT STOP at the stop sign sign per residents. Near accidents have happened already. Trucks were followed by residents going east on CR 80.5 —noise, dust. Officials denied this. -inger to other users on HWY 257 as trucks attempt to enter highway turning either rt. or It. blocking view of other lanes. Similar problem of trucks entering the site. Trucks going toward FC must enter 257, then cutover to the left lane at HWY 14. Water quality: we were told that retention ponds would hold water until tested then released into the irrigation canal. Canal water now is best in the state used to water livestock and crops. Retention ponds will not be lined.. Absorbent mats will be used to clean the water before release if need be. Does not address the contaminants dissolved in the water, only oils floating on surface. Air quality with trucks idling, etc. is another HUGE issue. General impression: officials have not thought it through. Numerous questions were not clearly answered. Example: Truck traffic on Hwy 257. Amount of water they will use. They were unaware that trucks are going east to CR19, etc. 65 ft. Tall bins —no provision for landscaping. Berms locations do NOT mitigate noise & view of the equipment. This plant will run 24/7 when they get big jobs. Cynthia Hirsch az048 Golden Eagle Ct verance, Co 80550 1 Tisa Juanicorena m: ent: To: Cc: Subject: Kim Ogle Friday, November 03, 2017 8:15 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: Simon Concrete, USR 17-0043 From: Bruce Krohn [mailto:blkrohn@hotmail.com] Sent: Friday, November 3, 2017 8:14 AM To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kim Ogle <kogle@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Cc: Cynthia Hirsch <clhirsch@hotmail.com> Subject: Simon Concrete, USR 17-0043 To those who represent our neighborhood and area, I am tremendously opposed to the development of this facility. s a Colorado, Weld, and Soaring Eagle Ranch resident, I am very upset & disappointed in the consideration of an industrial facility being considered for this location. Over the last few years we have seen tremendous growth in this area. Some positive, to try and improve and enhance the quality of life that is so appealing to the hundreds drawn to Northern Colorado. The very negative reputation of Weld County & the Greeley area as being smelly, dirty industrial and backward seemed to be slowly disappearing, until now. The proposal of this facility with the increased industrial traffic, negative constant noise, disturbing 24 hour lighting and not to mention in full the potential toxic pollutants to land, air & water for many decades to come are horrifying and backward for such potentially positive growth in this region. There are many other more appropriate sites for a facility like this, elsewhere, even in other parts of huge Weld county where residential growth is not occurring. I am sure what is being seen is just the tremendous monetary gain of just a few people directly or indirectly involved with the project. I appeal to the long term vision and intelligence for the County Commissioners to prevent this facility taking place for the good of the majority of the residents not only of Severance, Windsor, Weld County, but all of Northern Colorado. Please do not allow, encourage, or approve this facility as the value, livability, and beauty of this area will be negatively affected. Sincerely, Bruce Krohn 37048 Golden Eagle Ct Severance, Colorado 80550 • i Tisa Juanicorena om: ent: To: Cc: Subject: Kim Ogle Friday, November 03, 2017 5:36 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: OPPOSITION to USR17-0043 From: sprackling4@aol.com [mailto:sprackling4@aol.com] Sent: Thursday, November 2, 2017 7:51 PM To: Kim Ogle <kogle@weldgov.com> Cc: charlie.sprackling@tallgrassenergylp.com Subject: OPPOSITION to USR17-0043 Kim, We are OPPOSED to the proposal to turn the temporary asphalt plant at HWY 14 and WCR 80.5 into an expanded, permanent asphalt and concrete batch plant (USR17-0043). We are unable to make the public hearing for this on November 6th at 10am so we are sending this email of OPPOSITION to you. Thank you for considering this, Shelley and Charlie Sprackling 37011 Twin Heron Court Severance, CO 80550 (970) 674-5188 • EXHIBIT AM uL 1"1- DD�3 • Tisa Juanicorena om: "tent: To: Cc: Subject: Kim Ogle Friday, November 03, 2017 5:58 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: USR17-0043 From: Rodney Schmitz[mailto:rod.schmitz913@gmail.com] Sent: Thursday, November 2, 2017 9:49 PM To: Kim Ogle <kogle@weldgov.com> Subject: USR17-0043 Dear Ms. Ogle, I am writing in great opposition to the proposed Permanent Batch Plant proposed near Hwy 257 & Cty Rd 80.5 near Windsor. This type of operation will severely impact the community of Windsor. Windsor has already suffered the negative impacts of oil and gas exploration. We have wells on all sides of our neighborhoods and the noise and traffic generated from those operations is already unbearable. To add another 570 daily trips of truck traffic to the area would be devastating. I am not sure if you are aware, but just south of this location on hwy 257 and Harmony Rd. there is a new Sports Park planned on hundreds of acres that will also be changing the face of Windsor adding 68 ball fields, a 10,000 Itt stadium, indoor practice facility and many other commercial businesses. This park will bring an enormous amount people to our community from around the entire region. The mix of the future traffic from the sports park combined with the truck traffic will be a traffic disaster. Each of these projects will be hindered by the other. Mining operations such as a batch plant have no place so close to a town such as Windsor. I would in no way support this proposal and will likely move away from our nearby neighborhood if this proposal is passed. I often wonder how the Weld County Commissioners would feel if this was in your back yard? I doubt that they would be very happy. Windsor is turning into another Commerce City with no harmony in planning. This is bad planning, bad stewardship, bad representation of your constituents if this passes. Regards, Rod and Lisa Schmitz Windsor, CO 1 Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Friday, November 03, 2017 10:37 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: Simon contractors app for special use wcr 80 .5 From: Julie Cozad Sent: Friday, November 3, 2017 10:35 AM To: dawnmcdll@yahoo.com; Commissioners <COMMISSIONERS@co.weld.co.us>; Esther Gesick <egesick@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: FW: Simon contractors app for special use wcr 80 .5 Esther, Please make the email below a part of the official public record for this case. Thanks, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street P O Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 jcozad@weldgov.com 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: Dawn Mcdougall [mailto:dawnmcdll@yahoo.com] Sent: Friday, November 03, 2017 10:27 AM To: Julie Cozad <jcozad@weldgov.com> Subject: Fw: Simon contractors app for special use wcr 80 .5 Sent from Yahoo Mail on Android 1 On Fri, Nov 3. 2017 at 10:24 AM, Dawn Mcdougall <dawnmcd11@yahoo.com>wrote: Dear Commissoners I am writing to express my concerns about the proposed batch plant on our road 80 .5. We (husband, son, grandson) moved here over 6 years ago and have worked very hard on building our home shop and other improvements to the property. We moved out here for the quite , clean air , and the views of mountains and lake . My number one concern is the pollution, toxins, cement dust being released in the air and water. Irrigation ditches running to the fields, livestock, and the lake behind our home. Also when I walk outside all I hear is the batch plant not the birds. The noise should be held to residential standards not industrial because this is not an industrial sight. We are not to run businesses out of our homes so please do not let this business move onto our road. A business with 250 loads going out and 250 trucks returning. They did not account for the sports complex moving in on 257. They moved in before the added the turn lanes and merge lanes. That should not be allowed. They did not account for the event center on the hill. With weddings over looking the valley. They were not even informed. What was once an alfalfa field is now an ugly, noisy ,dusty, industrial sight. With the proposed 65 ft storage containers and ponds with out liners and the smell of asphalt to come . It will put an ugly scar that will not be suitable for weddings or the new subdivisions that are moving this way. This is a right to farm county so please protect the farmers and ranchers around this area. Thank you for reading. In strong opposition, Dawn McDougall 8905 CR 80 .5 FT Collins CO 80524 Sent from Yahoo Mail on Android 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Friday, November 03, 2017 10:58 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: USR17-0043 Permanent Asphalt/Concrete Batch Plant •ro•osal From: Rod Schmitz [mailto:rods@zimmerman-metals.com] Sent: Friday, November 3, 2017 10:51 AM To: Karla Ford <kford@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: USR17-0043 Permanent Asphalt/Concrete Batch Plant proposal Dear Weld County Commissioners, I am writing out of great concern about the USR17-0043 proposed Asphalt/Concrete batch plant proposed near Hwy 257 and WCR 80 1/2. This type of industry at this location will be detrimental to the adjacent neighborhoods as well as the Town of Windsor. Windsor has experienced its share of disruption from the impacts of oil & gas wells that have had negative impacts on our neighborhoods. There are very large well sites that are very close to neighborhoods that are constantly emitting noise and light pollution. The amount of truck traffic is unbelievable. We are forced to live with it and nobody likes it. This proposal will potentially add an additional 570 trucks per day traveling through our community. It will be noisy and dirty and take its toll on our roads and create traffic congestion. Many of these trucks pass through the town on main street (that is a narrow 2 lane street) that was not built for this type of traffic only creating unbearable congestion. There is already a concrete batch plant and mining operation on the corner of WCR 13 and Hwy 392 (main street) in Windsor. We don't need another one. Just a couple miles south of the batch plant location, Windsor just broke ground on the new Sports Park that is the largest facility of its kind in the U.S. and will occupy 100s of acres extending approx 1 1/2 miles north to south and 1 mile east to west. It will have 65-68 ball fields, a 10,000 seat stadium, a motel, and numerous other commercial businesses. Windsor has said that the sports park "will change the face of Windsor" forever. The sports park will add 100s of vehicles daily that utilize the same roads as the proposed asphalt/concrete batch plant just up the street. The sports park had had many people in opposition (because of the negative impacts to our community) yet the project was passed anyway. Neighborhood meetings serve no useful purpose if our concerns are ignored. The meetings seem to be nothing more than a formality. Given the existing circumstances with the sports park, approving this project at this location would be poor governance and a poor representation of the constituents that elected you. Windsor Town Board is already under extreme scrutiny for their approval of the sports park project with little community involvement. Don't follow their bad example. If this batch plant is approved (while the Weld County commissioners are fully aware of other development projects in progress in the same area), you should expect a law suit. I have attached a few pics of the sports park so you can better understand the magnitude of the project just down the road from the proposed batch plant. 1 Rod Schmitz Windsor, CO 2 HIGH SCHOOL • COLLEGIATE FIFIDS FACILITIES 6 • - ta- r VI S .. flsT11t Tisa Juanicorena From: Sent: To: Subject: Esther Gesick Clerk to the Board Sent from my iPhone Begin forwarded message: Esther Gesick Sunday, November 05, 2017 3:19 PM Kim Ogle; Tisa Juanicorena Fwd: USP17-0043 nob. 6 10 AM Simon Concrete From: Marcia Maeda <marcia356@hotmail.com> Date: November 5, 2017 at 1:48:16 PM MST To: "egesick@weldgov.com" <egesick@weldgov.com> Subject: USP17-0043 nob. 6 10 AM Simon Concrete It is commendable that Simon Concrete sought a site next to transmission lines in order to occupy land undesirable for residential use. However, people already live nearby. Noise from dumping and truck traffic, already affecting the neighbors, running from before sunrise and after sunset and inevitably longer to meet CDOT demands, will certainly continue to impact lives. My recent experience with 2 years of equipment noise from the building of a nearby subdivision and several months of oil truck traffic at a stop sign -controlled intersection confirm this. Anyone who drives on 257 either regularly or occasionally will encounter extremely frequent, hazardous truck traffic moving in and out of the site. The distance to which the noise of dumping materials will carry has not been determined, so it may actually be heard by many more residents than those in the immediate area. Please do not issue a permit to allow Simon Concrete to build a permanent concrete and asphalt plant at the 257/80.5 location. Marcia Maeda 6711 Steven Street Windsor, CO 80550 Sent from my iPad From: David M Rau [mailto:dmrau@paragoncg.com] Sent: Friday, November 3, 2017 3:01 PM To: Kim Ogle <kogle@weldgov.com> Subject: USR17-0043 As a neighbor and someone who has received a flier opposed to this USR application, I wanted to provide comments since I will be unable to attend the meeting on Monday and one usually only hears for folks opposed to a project. It appears to me that the planning process has worked as intended and the staff as well as other agencies with jurisdiction have given the project a very thorough review. I believe that the project will be an asset to the county and the conditions of approval will be protective of residents and the environment. This location is well suited for this use, we need pavement in the county and traffic will be focused on existing highways. Thanks Dave. David M. Rau 39672 Rangeview Drive Severance, Colorado 80610 3 November 2017 ZONING DOCKET #: USR17-0043 Proposed Permanent ASPHALT & CONCRETE BATCH PLANT Dear Mr. Ogle: So, what is the plan? Are we an industrial park or a residential/agricultural community? We moved here 17 years ago to join the agricultural community and enjoy the benefits of working the land, the open spaces, reduced traffic and safety of a rural community. This was certainly the intent of the land as zoning requirements made even subdividing a challenge. Since we've moved, we have established a hay/grass-fed cattle operation, investing $10's of thousands of dollars in the land, equipment, upgrading irrigation systems and protecting our water rights from those few uninformed on the Right to Farm in Weld county. We enjoy sharing our gravel roads with the farm equipment as it moves from field to field, the stray cow that we inform the neighbor of its whereabouts, and the horseback riders and even the neighbor who walks his pack llamas. Monitoring and maintaining our irrigation system that crisscrosses this area on ATVs is a daily task required throughout the irrigation season. The winter tradition when the sheep herder brings his flocks of sheep is always a joy as we witness amazing abilities of the border collies to move the sheep down the county roads to their next field and maintain the herd's location in the unfenced pastures. With the approval and arrival of another large dairy operation to the area, the zoning intent to maintain this area as an agricultural community seemed apparent. Although this operation adds additional traffic to our roads, it is in line with the rural heritage and ensures that open spaces and irrigation access/rights are maintained. This the community we moved into and want to preserve. Although non-agricultural oil and gas operations have increased traffic on our roads and posed certain safety concerns, these operations are pervasive across the county, and state law precludes our ability to stop. However, to make permanent and expand a blatant industrial operation like an asphalt/concrete batch plant has absolutely no place in our community. Not only is our way of life jeopardized, the operation poses so many health and safety concerns. In the 17 years we have travelled these roads, we have never felt that our safety was on the line by trying to turn onto the Hwy 257/WCR 80 %2 intersection. Not even in the winter time when Hwy 257 becomes a wind scoured ice rink! This intersection is our route to our day jobs in Fort Collins. Combining the non-stop asphalt truck traffic entering and leaving with the 24/7 oil and gas operation directly opposite the intersection goes beyond insanity. In neighborhood discussions, we all have shared near -miss, horror stories of trying to navigate this intersection. Not only is traffic unsafe at the intersection, the trucks taking short cuts or are "lost" decrease safety of the surrounding areas. Concerns go beyond traffic. Our Water Supply and Storage irrigation water is delivered by the lateral ditch that is directly adjacent to the proposed permanent site. As is prevalent in Colorado agricultural areas, gusting winds and gully washers are common occurrences in our community. Such run off/airborne debris and gases will not only end up in our ditch but also disperse throughout the area — to the people, to the animals, to the crops. Of course, we are sure Simmons will state how they will ensure this will not happen and propose all sorts of mitigation strategies such as paving roads, retaining ponds, installing a traffic light, watering for dust, restrict truck traffic etc. However, we do not want paved roads — this will only increase traffic in our rural community. Retaining ponds — great more West Nile breeding grounds. A traffic light only encourages further industrial development. Water trucks for dust will last a couple months at best as the company has already proven its disregard of real due diligence. Restricting truck access will continue to fall on the community to patrol and "police". This is NOT the community we moved into! No mitigation strategy is going to change the fact this is an industrial operation that does not belong. We ask the Commissioners to stay with the current plan and preserve our agricultural community. Respectfully, Laura Stretch Sean McDonald 38701 WCR 21 Fort Collins, CO 80524 From: Andy Friedt [mailto:afriedt0641@gmail.comj Sent: Friday, November 3, 2017 6:58 PM To: Kim Ogle <kogle@weldgov.com> Subject: USR17-0043 Kim, My wife and I are unable to attend the meeting on November 6, 2017 at 10 am, regarding the concrete and asphalt plant. We want to vote NO against this and show that we have major concerns about having this plant near where our house is going to be built. This is a horrible idea as stated it is going to pose major health concerns that I do not want to raise my family around. If you have any questions or need anything else from us, please do not hesitate to contact us. Andy and Joanna Friedt 970-556-3122 / 97-590-5126 From: Mike.Beer [mailto:beersportyl@yahoo.com] Sent: Saturday, November 4, 2017 10:54 AM To: Kim Ogle <kogle@weldgov.com> Subject: Opposition to Permanent Asphalt and Concrete Batch Plant HWY14 and WCR 80.5 I am a recently retired Route Sales Representative. My territory for the last 25 years included Windsor, Severance, Eaton, Ault, and Greeley. I also have lived in the Windsor area since 1991, and have witnessed the incredible growth of our community. My experience as a truck driver makes me very concerned and opposed to the plan for the expanded permanent asphalt and concrete batch plant at HWY 257 and WCR 80.5. Our current infrastructure, including HWY 14. HWY 257, WCR 19. WCR 74, consists of out dated, crumbling, narrow two lane roads which are unable to safely handle the current traffic which already includes oil field trucks, cattle trucks, over the road haulers, Budweiser trucks, and Vestas wind turbines. Adding more large truck traffic to our roads will only cause more air and noise pollution to our environment, while further damaging our bridges and roads. However, the most important concern I have is for the safety of our community roads which also include school bus routes that are on these same, out dated, narrow, crumbling two lane roads. The safety and quality of our environment should be our number one priority. Michael Beer From: ZADA STEIDL [mailto:RBLUESKYB@msn.com] Sent: Saturday, November 4, 2017 2:06 PM To: Kim Ogle <kogle@weldgov.com> Subject: Special Permit for Asphalt Plant on CR 80.5 TO WHOM IT MAY CONCERN: As a landowner and cattle producer who is east of the Asphalt and Concrete Plant on CR 80.5 and uses irrigation water from the Larimer No. 2 canal, I strongly oppose the proposal to make this plant permanent. It is definitely located in the wrong place and will be extremely detrimental to the agriculture going on around it. This plant belongs in either an industrial park setting or in a location away from residences, farms, or any livestock. The air and water emissions will be very harmful in both the near term and long term from a site of this nature. The contractor has not been truthful in researching and presenting their planning and site selection sampling of water and air. They do not have reliable answers on how they will address compliance with noise, traffic, water quality, and air quality issues. They publicly stated the plant was to be temporary, but quietly applied for permanent status obviously thinking no one would notice until it was in place. Otherwise, they would not have requested a land lease for 20 years with two 20 -year renewal terms. This is totally unacceptable. They have not requested nor received permission to allow water to be "disposed" of by letting it run off into the irrigation canal that everyone depends upon for crop and livestock water. This is also totally unacceptable. I respectfully request that you, the County Commissioners, as our elected individuals not grant permanent status for this asphalt and concrete facility. Sincerely, Zada A. Steidl 9750 CR 78 and 33901 Hwy 257 Windsor, CO 80550 970-222-7147 Rbluesky8@msn.com EXHIBIT i DLkS From: Wendy Jiricek [mailto:wendyjiricek@gmail.com} Sent: Saturday, November 4, 2017 2:29 PM To: Kim Ogle <kogle@weldgov.com> Subject: Fwd: Simon Contractors plant site - Forwarded message From: "Wendy Jiricek" <wendyjiricek@gmail.com> Date: Nov 2, 2017 4:47 PM Subject: Simon Contractors plant site To: <cbushell@simoncontractors.com> Cc: I'm writing in support of the asphalt plant located at County Road 80 1/2 and Highway 257. Although I am a Simon Contractors employee, I am, more importantly, a Weld County resident. I understand the concerns the nearby neighbors may have with increased traffic, but I believe, that's inevitable due to the rapid growth of Colorado. I've never heard of any health issues directly tied to any of the concrete / asphalt plants that have been operating in the area for decades. This plant will provide another option for supplying materials needed in the construction business. Whether we are walking, biking, or driving, pavement is a part of everyone's, everyday life. From: Janet Lind [mailto:lind.janet@yahoo.com] Sent: Saturday, November 4, 2017 9:12 PM To: Kim Ogle <kogle@weldgov.com> Subject: Fw: asphalt plant I am not sure exactly where this is located but if it is anywhere close to any housing development. I would not like it to be near me so I don't think anyone else should have to deal with as well. The emissions study should be done first before anything is allowed to happen. Janet Lind From: Gordon Zito [mailto:gzito226@icloud.com] Sent: Saturday, November 4, 2017 9:45 PM To: Kim Ogle <kogle@weldgov.com> Subject: Fwd: Gordon Zito Review To Whom It May Concern, Simon Construction has been a huge benefit to the Eaton and Severance community. With my experience they have been very helpful. When I needed fill dirt for my property, they hauled the dirt, and delivered the dirt free of charge. The employees I have worked with were excellent in demeanor, timely, and safe. I paid close attention to how they were overly vigilant of keeping easy access to all businesses during construction work. Far superior to other construction companies. In my personal opinion, Simon Construction is an asset to our community here in Eaton and Severance. If anyone in our community needed their services or help, I believe they would be there to help. Sincerely, Gordon Zito From: Rae Doner [mailto:raedoner@gmail.com] Sent: Saturday, November 4, 2017 10:41 PM To: Kim Ogle <kogle@weldgov.com> Subject: USR17-0043 Kim, We live at 38322 Weld County Road 19, in close proximity to the proposed concrete and asphalt plant at HWY 14 and WCR 80.5. We don't think we will be able to make the public hearing on Monday, but we wanted to express our concern regarding the permanent plant. We know other area residents have already commented on how detrimental the traffic and pollutants (noise, light, and toxic) will be for this area. We agree with all of these concerns. We have two young sons (4 years old and 2 years old). They love being outside - it's why we live in Colorado after all. One of their favorite activities is to jump on the trampoline. We also enjoy our family walks down the dirt road and playing baseball in the driveway. We have chickens, honey bees, a dog and cat, and a huge garden. We have been here 8 years, and we love where we live. However, we feel that if the permanent facility is allowed, the peace of our homes and families will be significantly disrupted. In addition, our property values will go down significantly, as not many people would choose to live near such a facility. Our value, peace, and safety is in our home and our property, and we oppose the expanded, permanent facility. Thank you for considering our voice. Matt, Rae, Barron, and Morgan Doner Rae Doner, PE Structural Support LLC 970-817-0820 www.traditionalrootsinc.com EXHIBIT g S eta From: Gary Gray [mailto:grgray@umn.edu] Sent: Friday, November 3, 2017 3:00 PM To: Esther Gesick <egesick@weldgov.com> Cc: Gary R. Gray <grgray@umn.edu> Subject: Simon Concrete Plant, HWY 257 and Weld CR 80.5 Re: USR 17-0043. Nov. 6, 2017. 10AM. Simon Concrete Dear Esther: My wife and I are writing to register our strong objections to having a permanent concrete plant located at HWY 257 and CR 80.5. We live about 2 miles south of that location in Soaring Eagle Ranch, having purchased our property in 2004. Traffic on HWY 257 has increased substantially since we moved here but lately it has been getting even worse. Heavy truck traffic in particular has really increased and the noise from that has already created a disturbance to the peace and quiet one would expect in our semi -rural location. Given the rate of growth in the Windsor area, general traffic as well as concrete trucks going south on HWY 257 from the proposed location, will clearly get much heavier. To make matters worse, a "sports park" is in the process of being built across from our subdivision and, when completed, will greatly increase the traffic on HWY 257 and nearby CR 74. For this and many other reasons that have been brought up by our neighbors, we therefore ask that the request for a permanent concrete plant at the aforementioned location be denied. Gary and Natalie Gray 37122 Soaring Eagle Circle Severance, CO 80550 EXHIBIT t 72) r^{3pt Tisa Juanicorena From: Sent: To: Cc: Subject: Esther Gesick Sunday, November 05, 2017 9:13 PM Tisa Juanicorena Kim Ogle FW: Cement plant From: Mark Powers [mailto:jmarkpowers@aol.com] Sent: Sunday, November 5, 2017 9:02 PM To: Esther Gesick <egesick@weldgov.com> Subject: Cement plant TO WHOM IT CONCERNS: EXHIBIT 'k .l)-C7D 3 I am writing to strongly oppose the proposed permanent asphalt/concrete plant on CR 80.5 and Highway 257. Having attended the informational meeting at the Windsor Firehouse 30th October, it is apparent that there are many aspects of this project that have not been well thought through or given adequate attention. Simon Contractors were at a loss for answers to many of the queries raised, thus indicating a lack of foresight and planning. Weld County is surely aware of the facts regarding cement manufacturing process: This is common knowledge and there is even a governmental website regarding this very issue because it is the 3rd most important cause of industrial pollution. https://www.epa.gov/enforcement/cement-manufacturing-enforcement-initiative The cement sector is the third largest industrial source of pollution, emitting more than 500,000 tons per year of sulfur dioxide, nitrogen oxide, and carbon monoxide.... Health and Environmental Effects of CementPlant Emissions. Cement Plant Settlements. Cement Plant Lawsuit.Aug 17, 2016 However it seems that Weld is not paying attention to this for reasons that are hard to understand. In addition recycled asphalt will be a major component of the manufacturing process, compounding the situation with all the public and environmental issues associated with asphalt My main concern is that this plant is to be placed in one of the fastest growing areas in the USA, which is very rapidly becoming built up. Consequently the plant is surrounded by neighborhoods with a relatively high density of dwellings, which are going to be negatively affected by the plant in many ways. Such an industrial plant should not be situated within or in close proximity to city limits. This is patently obvious, and the responsibility of local government to enforce. The plant needs to be moved to an area with far less environmental impact and where there is a low density of dwellings. The prevailing winds will blow all the pollutants directly towards the higher density neighborhoods of Weld County The Public and environmental health hazards are common knowledge, and are listed below: ENVIRONMENTAL & PUBLIC HEALTH HAZARDS 1 Dust Pollution The cement manufacturing process produces millions of tons of the waste product cement kiln dust each year contributing to respiratory and pollution health risks. This dust will contribute significantly to respiratory diseases. Air Pollution The key polluting substances emitted to air are dust, carbon oxides nitrogen oxides (NOx) and sulphur dioxide (5O2). Carbon oxides, polychlorinated dibenzo-p-dioxins and dibenzofurans, total organic carbon, metals, hydrogen chloride and hydrogen fluoride are emitted as well. These dust and air pollutants will be delivered into the neighboring communities by the prevailing winds. Contamination of Groundwater and Agricultural Irrigation Canals We were informed that post production water waste, would be held and treated in unlined retention ponds just 25 ft away from the irrigation canal that it would be released into, once "cleansed". Canal water at present is supposed to be the best in the State, directly off the Rockies, flowing east for livestock and crop irrigation. With unlined Retention ponds and dust kept down by spraying off, there WILL be leaching of contaminants in the earth and the waterways and ultimately the foodchain. This is unacceptable. Not to mention an accidental spill, overflow etc. It does happen as we all know. Noise, Traffic, Light Pollution With the plant able to operate extensive hours, 24/7 if contracts demand after hours production, (which CDOT and WDOT will, as most of the work is done then) noise and light pollution WILL impact us, as well as interfere with bird and insect migration. The reported 250 round trips in a 12 hour day (amounts to 500 "in & outs" per day). Average is 1.44 minutes or a truck in or out every 86 seconds. All turning from a single lane (currently dirt) onCR 80.5 Already, the trucks are adding increased traffic burden to HW 257, and HW 14, with long wait times at turnout of CR80.5, and hazardous driving as trucks pull out in front of oncoming vehicles and failing to stop at stop signs, reported by residents in the area. Danger to other users on HWY 257 as trucks attempt to enter highway turning north or south, blocking view of other lanes. Similar problem of trucks entering plant site. With huge growth of Severance, Timnath and Windsor and the proposed Rocky Mountain Ball Park, shops and Hotels, on HW 257 and CR74, plus an added 500 trucks a day from the plant, this amounts to an inordinate increase in traffic on single lane roads. We were informed that there is no enforced Environmental Impact Study. This is a huge mistake. It effects many lives as well as opens the door to diminished environmental standards in our beautiful, yet rapidly changing Weld County. We call upon the appropriate governmental agencies of Weld County to protect their citizens and the environment and move the plant to an area where there will be far, far less impact. John Powers Windsor Colorado. Sent from my iPhone 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Esther Gesick Sunday, November 05, 2017 9:12 PM Tisa Juanicorena Kim Ogle FW: Proposed Industrial site off of Hwy 257 Industrial Plant off Hwy 257.docx From: Richard Foth [mailto:rfothdc@gmail.com] Sent: Sunday, November 5, 2017 7:10 PM To: Esther Gesick <egesick@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: Proposed Industrial site off of Hwy 257 To whom it may concern: Please see attached document, which speaks to concerns for the proposed gravel/concrete plant in Weld County. Thank you. Richard Foth Windsor, CO To Whom it may concern re the proposed plant north of Harmony in Weld County: The plant needs to be moved to an area with far less environmental impact and where there is a low density of dwellings. The prevailing winds will blow all the pollutants directly towards the higher density neighborhoods of Weld County The Public and environmental health hazards are common knowledge, and are listed below: ENVIRONMENTAL & PUBLIC HEALTH HAZARDS Dust Pollution The cement manufacturing process produces millions of tons of the waste product cement kiln dust each year contributing to respiratory and pollution health risks. This dust will contribute significantly to respiratory diseases. Air Pollution The key polluting substances emitted to air are dust, carbon oxides nitrogen oxides (NOx) and sulphur dioxide (SO2). Carbon oxides, polychlorinated dibenzo-p-dioxins and dibenzofurans, total organic carbon, metals, hydrogen chloride and hydrogen fluoride are emitted as well. These dust and air pollutants will be delivered into the neighboring communities by the prevailing winds. Contamination of Groundwater and Agricultural Irrigation Canals We were informed that post production water waste, would be held and treated in unlined retention ponds just 25 ft away from the irrigation canal that it would be released into, once "cleansed". Canal water at present is supposed to be the best in the State, directly off the Rockies, flowing east for livestock and crop irrigation. With unlined Retention ponds and dust kept down by spraying off, there WILL be leaching of contaminants in the earth and the waterways and ultimately the foodchain. This is unacceptable. Not to mention an accidental spill, overflow etc. It does happen as we all know. Noise, Traffic, Light Pollution With the plant able to operate extensive hours, 24/7 if contracts demand after hours production, (which CDOT and WDOT will, as most of the work is done then) noise and light pollution WILL impact us, as well as interfere with bird and insect migration. The reported 250 round trips in a 12 hour day (amounts to 500 "in & outs" per day). Average is 1.44 minutes or a truck in or out every 86 seconds. All turning from a single lane (currently dirt) onCR 80.5 Already, the trucks are adding increased traffic burden to HW 257, and HW 14, with long wait times at turnout of CR80.5, and hazardous driving as trucks pull out in front of oncoming vehicles and failing to stop at stop signs, reported by residents in the area. Danger to other users on HWY 257 as trucks attempt to enter highway turning north or south, blocking view of other lanes. Similar problem of trucks entering plant site. With huge growth of Severance, Timnath and Windsor and the proposed Rocky Mountain Ball Park, shops and Hotels, on HW 257 and CR74, plus an added 500 trucks a day from the plant, this amounts to an inordinate increase in traffic on single lane roads. We were informed that there is no enforced Environmental Impact Study. This is a huge mistake. It effects many lives as well as opens the door to diminished environmental standards in our beautiful, yet rapidly changing Weld County. We call upon the appropriate governmental agencies of Weld County to protect their citizens and the environment and move the plant to an area where there will be far, far less impact. Tisa Juanicorena From: Sent: To: Cc: Subject: Esther Gesick Sunday, November 05, 2017 9:10 PM Tisa Juanicorena Kim Ogle FW: Strong Objection to Proposed Cement Plant on CR 80.5 and Highway 257 From: Mark Boustred [mailto:markboustred@me.com] Sent: Sunday, November 5, 2017 6:44 PM To: Esther Gesick <egesick@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: Strong Objection to Proposed Cement Plant on CR 80.5 and Highway 257 TO WHOM IT CONCERNS: I am writing to strongly oppose the proposed permanent asphalt/concrete plant on CR 80.5 and Highway 257. Having attended the informational meeting at the Windsor Firehouse 30th October, it is apparent that there are many aspects of this project that have not been well thought through or given adequate attention. Simon Contractors were at a loss for answers to many of the queries raised, thus indicating a lack of foresight and planning. Weld County is surely aware of the facts regarding cement manufacturing process: This is common knowledge and there is even a governmental website regarding this very issue because it is the 3rd most important cause of industrial pollution. https://www.epa.gov/enforcement/cement-manufacturing-enforcement-initiative The cement sector is the third largest industrial source of pollution, emitting more than 500,000 tons per year of sulfur dioxide, nitrogen oxide, and carbon monoxide.... Health and Environmental Effects of Cement Plant Emissions. Cement Plant Settlements. Cement Plant Lawsuit.Aug 17, 2016 However it seems that Weld is not paying attention to this for reasons that are hard to understand. In addition recycled asphalt will be a major component of the manufacturing process, compounding the situation with all the public and environmental issues associated with asphalt My main concern is that this plant is to be placed in one of the fastest growing areas in the USA, which is very rapidly becoming built up. Consequently the plant is surrounded by neighborhoods with a relatively high density of dwellings, which are going to be negatively affected by the plant in many ways. Such an industrial plant should not be situated within or in close proximity to city limits. This is patently obvious, and the responsibility of local government to enforce. The plant needs to be moved to an area with far less environmental impact and where there is a low density of dwellings. The prevailing winds will blow all the pollutants directly towards the higher density neighborhoods of Weld County The Public and environmental health hazards are common knowledge, and are listed below: ENVIRONMENTAL & PUBLIC HEALTH HAZARDS Dust Pollution The cement manufacturing process produces millions of tons of the waste product cement kiln dust each year contributing to respiratory and pollution health risks. This dust will contribute significantly to respiratory diseases. Air Pollution 1 The key polluting substances emitted to air are dust, carbon oxides nitrogen oxides (NOx) and sulphur dioxide (5O2). Carbon oxides, polychlorinated dibenzo-p-dioxins and dibenzofurans, total organic carbon, metals, hydrogen chloride and hydrogen fluoride are emitted as well. These dust and air pollutants will be delivered into the neighboring communities by the prevailing winds. Contamination of Groundwater and Agricultural Irrigation Canals We were informed that post production water waste, would be held and treated in unlined retention ponds just 25 ft away from the irrigation canal that it would be released into, once "cleansed". Canal water at present is supposed to be the best in the State, directly off the Rockies, flowing east for livestock and crop irrigation. With unlined Retention ponds and dust kept down by spraying off, there WILL be leaching of contaminants in the earth and the waterways and ultimately the foodchain. This is unacceptable. Not to mention an accidental spill, overflow etc. It does happen as we all know. Noise, Traffic, Light Pollution With the plant able to operate extensive hours, 24/7 if contracts demand after hours production, (which CDOT and WDOT will, as most of the work is done then) noise and light pollution WILL impact us, as well as interfere with bird and insect migration. The reported 250 round trips in a 12 hour day (amounts to 500 "in & outs" per day). Average is 1.44 minutes or a truck in or out every 86 seconds. All turning from a single lane (currently dirt) onCR 80.5 Already, the trucks are adding increased traffic burden to HW 257, and HW 14, with long wait times at turnout of CR80.5, and hazardous driving as trucks pull out in front of oncoming vehicles and failing to stop at stop signs, reported by residents in the area. Danger to other users on HWY 257 as trucks attempt to enter highway turning north or south, blocking view of other lanes. Similar problem of trucks entering plant site. With huge growth of Severance, Timnath and Windsor and the proposed Rocky Mountain Ball Park, shops and Hotels, on HW 257 and CR74, plus an added 500 trucks a day from the plant, this amounts to an inordinate increase in traffic on single lane roads. We were informed that there is no enforced Environmental Impact Study. This is a huge mistake. It effects many lives as well as opens the door to diminished environmental standards in our beautiful, yet rapidly changing Weld County. We call upon the appropriate governmental agencies of Weld County to protect their citizens and the environment and move the plant to an area where there will be far, far less impact. Allister M Boustred MD, FACS, FCS(SA), FRCS(Ed), FCS(SA)Plast 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Esther Gesick Sunday, November 05, 2017 9:09 PM Tisa Juanicorena Kim Ogle FW: ATTN: USR 17-0043. Nov. 6, 2017. LOAM. Simon Concrete From: Sarah Boustred [mailto:sarahboustred@me.com] Sent: Sunday, November 5, 2017 6:18 PM To: Esther Gesick <egesick@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: ATTN: USR 17-0043. Nov. 6, 2017. 10AM. Simon Concrete TO WHOM IT CONCERNS: I am writing to strongly oppose the proposed permanent asphalt/concrete plant on CR 80.5 and Highway 257. Having attended the informational meeting at the Windsor Firehouse 30th October, it is apparent that there are many aspects of this project that have not been well thought through or given adequate attention. Simon Contractors were at a loss for answers to many of the queries raised, thus indicating a lack of foresight and planning. Weld County is surely aware of the facts regarding cement manufacturing process: This is common knowledge and there is even a governmental website regarding this very issue because it is the 3rd most important cause of industrial pollution. https://www.epa.gov/enforcement/cement-manufacturing-enforcement-initiative The cement sector is the third largest industrial source of pollution, emitting more than 500,000 tons per year of sulfur dioxide, nitrogen oxide, and carbon monoxide.... Health and Environmental Effects of Cement Plant Emissions. Cement Plant Settlements. Cement Plant Lawsuit.Aug 17, 2016 However it seems that Weld is not paying attention to this for reasons that are hard to understand. In addition recycled asphalt will be a major component of the manufacturing process, compounding the situation with all the public and environmental issues associated with asphalt My main concern is that this plant is to be placed in one of the fastest growing areas in the USA, which is very rapidly becoming built up. Consequently the plant is surrounded by neighborhoods with a relatively high density of dwellings, which are going to be negatively affected by the plant in many ways. Such an industrial plant should not be situated within or in close proximity to city limits. This is patently obvious, and the responsibility of local government to enforce. The plant needs to be moved to an area with far less environmental impact and where there is a low density of dwellings. The prevailing winds will blow all the pollutants directly towards the higher density neighborhoods of Weld County The Public and environmental health hazards are common knowledge, and are listed below: ENVIRONMENTAL & PUBLIC HEALTH HAZARDS Dust Pollution The cement manufacturing process produces millions of tons of the waste product cement kiln dust each year contributing to respiratory and pollution health risks. This dust will contribute significantly to respiratory diseases. Air Pollution 1 The key polluting substances emitted to air are dust, carbon oxides nitrogen oxides (NOx) and sulphur dioxide (5O2). Carbon oxides, polychlorinated dibenzo-p-dioxins and dibenzofurans, total organic carbon, metals, hydrogen chloride and hydrogen fluoride are emitted as well. These dust and air pollutants will be delivered into the neighboring communities by the prevailing winds. Contamination of Groundwater and Agricultural Irrigation Canals We were informed that post production water waste, would be held and treated in unlined retention ponds just 25 ft away from the irrigation canal that it would be released into, once "cleansed". Canal water at present is supposed to be the best in the State, directly off the Rockies, flowing east for livestock and crop irrigation. With unlined Retention ponds and dust kept down by spraying off, there WILL be leaching of contaminants in the earth and the waterways and ultimately the foodchain. This is unacceptable. Not to mention an accidental spill, overflow etc. It does happen as we all know. Noise, Traffic, Light Pollution With the plant able to operate extensive hours, 24/7 if contracts demand after hours production, (which CDOT and WDOT will, as most of the work is done then) noise and light pollution WILL impact us, as well as interfere with bird and insect migration. The reported 250 round trips in a 12 hour day (amounts to 500 "in & outs" per day). Average is 1.44 minutes or a truck in or out every 86 seconds. All turning from a single lane (currently dirt) onCR 80.5 Already, the trucks are adding increased traffic burden to HW 257, and HW 14, with long wait times at turnout of CR80.5, and hazardous driving as trucks pull out in front of oncoming vehicles and failing to stop at stop signs, reported by residents in the area. Danger to other users on HWY 257 as trucks attempt to enter highway turning north or south, blocking view of other lanes. Similar problem of trucks entering plant site. With huge growth of Severance, Timnath and Windsor and the proposed Rocky Mountain Ball Park, shops and Hotels, on HW 257 and CR74, plus an added 500 trucks a day from the plant, this amounts to an inordinate increase in traffic on single lane roads. We were informed that there is no enforced Environmental Impact Study. This is a huge mistake. It effects many lives as well as opens the door to diminished environmental standards in our beautiful, yet rapidly changing Weld County. We call upon the appropriate governmental agencies of Weld County to protect their citizens and the environment and move the plant to an area where there will be far, far less impact. Sarah Boustred RN,RM, R.Public Health & Safety. RSA 2 Board of Weld County Commissioners November 6, 2017 Simon Contractors USR V =cr.- re $1 I o r : .i t „ . •• J - _, _ 'r it } J _I . a ■ r1 y t _ b,J :a" ticw• a f r.w Y .•j 4 w 'l •Ily 1 ` w ` � • 's r'fi' ' stag:— r r — a s, e • t •• .a �r P'l i.b di. -`� 1�ic�S1^J y,. >,.,11 ;. • Sew TETRA TECH V.% ,7. 1 tlI allow Board of Weld County Commissioners November 6, 2017 complex world CLEAR SOLUTIONS' I I TETRA TECH Simon Contractors Company Requested Uses � Asphalt Plant • Ready Mix Concrete Plant � Office, Shop, Fueling • Truck and Employee Vehicle Parking • Materials Recycling � Materials Stock Piles . • , TETRA TECH Application and Activity Timeline (2017) May 2 & 15: June 15: Use by Right for temporary facility submitted & approved Weld County Pre -Application Meeting Windsor - Severance Fire & Rescue June 29: Town of Severance July 7: Town of Windsor, North Weld County Water District July 10: Neighborhood Meeting July 17: USR Application Submitted July 25: Larimer Canal Company/Water Supply & Storage Company September 1: Mineral Owner Notification September 22: On -site neighbor meeting October 10: Larimer Canal Company/Water Supply & Storage Company meeting October 30: Neighborhood Meeting (-7t) TETRA TECH Site Plan II f1itliri 2/25 FM • PUI/hhvl:ii{11bb 1tUU1%CPUSH LI HLt3C1 NHL PLAN UM; • AMR YALSI•AS: RDA V 3 1 7 d 1 7 ti LIGHTED ENTRY SIGN CESS E±ISTttiIG 4: TO BECLOSED - CNKCRETE PLANT D EC' JOT ?00' SECON DARY CCNTAINMENT NOTE: r'MST ERN MOST AC C!95 / TO Et RELOCATED HER_, r A6:OSS5 ;CNSTRUCTED AP Ir-CD:90 cc DETENTION POND THE FOLLOWING EI]UIPLAENT AND USES h+LL 13E LOCATED MINN THE SECONDAPP CO+ITAINASA • Div Net IaiK TEMPORARY FACILITYA CCESS ROAD NOT€: UPON TERWN -ION OFTEIrPORAR'f ACCESE USE. 04 -SITE CIRCULATION WLL R=YEPT TO FRCPOSEU CRCU-AT1ONI ORATE ASPP3AL' PLAIT OE USE BY SPECIAL REVIEW - USIA 7-00### SEVERANCE READY MIX & ASPHALT PLANTS FOR: SIMON CONTRACTORS COMPANY ACUtSS AIR SAE Y CGNSTJRCTED hP17-x290 FUTURE ^QNCRETE �PLAMT LEDEND: OE A PART OF A TRACT OF LAND LOCATED IN THE (WEST HALF OF SECTION ' 6, TOWNSHIP 7 NORTH, RANGE 57 WEST OF ME 6Th P.M. 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JJA CMerkelEy A.B 2 Bar me19ttet'I Mtn TETRA TECH Compliance with the Comprehensive Plan & Agricultural Zone District � Overlay District Compliance � Coordinated Planning Agreement Areas � Comprehensive Plan and Agricultural Zone District � Conservation of Prime Agricultural Land I Compatibility and Impact Assessment (-7,1 TETRA TECH Windsor IGA LAND USE PLAN "• n ti ) 1 LI __ lthr A I t fit IN firreekte e� r .tau tirrr]A ':ar nir flinty f". F Fri Ii�t�rl t 5r* Pail; Attal d RirYiett al • &kat -r,mey Paden tuil Filatnt tiE fa ni Line Me crud Crt.!art zed Caw C atrium rt Amman I trial pasery arsom EMI it bytelind1 tki in sea 11..14 ritit.t.11 awn 51F-: at Mak' i ran -Mille 004, Cis PIKS l41 rw. An Y1! rstkr tun n rp crawl ,eau Crsmth Wu l4Snni t Aims PI sire nee Asa I :1 I 1 i ; I I i GROWTh STRATEGY .cs r_ EC (1I rte•-I►irr, f r r F y • If i 51. y r _ s S JS WM— si: i f 1.- o-! !J 1rpon.a..aalaaasaINIE1 Ira• • 1 r I. r M K iv 'STI.Tgil' Al- 1 atrnited c:nothClnia et AMA rf 1 1 priral LET -naafi gresingri t Aw1a ref y -4,* tr II lay en Amu 1/4L��-. I Severance IGA t 4. Development Nodes: The Land Use Mop identifies where commercial, mixed -use or urban style development may be appropriate outside and away from the town core. The intensity of develop- ment will be relative to available or obtainable infrastructure. The planning and design of an devel- opment node should take into account the transition of this intensive land use to the adjacent rural P _,j residential or Ag residential areas. This intersection of two busy state highways has high traffic counts, good access into the north end of Fort Collins on Highway 14, south on Colorado Highway 257 to Severance and Windsor and East to Highway 14 to Ault and Highway 85. Landowner! developer shall meet with Town of Severance and the Colorado Department of Transportation to determine allowable access points onto Colorado Highways located with the Devclopment Node. aTOM, C (ER E s thLAIIIVI rptlic re Ft I)P „ PIEN D NT I . DEVBLOPter NODES pet Lfl UmeGale ftc - r T-1191 gAil Le; came RI: I"- CORM Eon W -WIro safeCiNTil BEY ENT EtaiDaDORY' 5 CReilrift 11013 lar "TRARLSITIONAFFA EM2 ■ ■cat r -"MS Ram rAl_ agni fl I 1 12 I .SEVERANCE HOmETOWN I VISCN Severance IGA July ]0, 203.7 4S4.1. Town Of Anne Johnson Senior Planner Tetra Tech 1900 S. Sunset St, Suite 1E, Longmont, CO 80501 RE: Simon Contractors s Facility Referral On June 29th Simon Contractors and Tetra Techmet with Nicholas Wharton and M itch Nelson with the Town ofSeverance to discuss tht paterni 1 Asphalt. Eaciliiy proposed in Weld County L1ti'of frig way 25". Based on what was presented and discussed at this meeting ..& well as internal revie-w the project the Town et Severance gives its full support of the project with the fe] Lowi rtg conditions. L ) Town of Severance strongly encourages a northbound deceleration lane and southbound left hard turn lane along Highway ighway 25.. 2) As much landscape buffering as feasible be added to the property line directly n tinc4 Rt to Highway 257J The Town or Severance thanks you for the opportunity to review this projects Mitch Nelson Town Planner WE LD C.OU NTY Farmlands Map, USDA ONLINE MAPPING WGS_1984_Web_Mercator_Auxiliary_Sphere Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data Layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION 3,375.5 1,68717 3,.375.:5 Feet Legend L-i Parcels Important Farmlands of Weld C Prime f I rrigaied )) - Farmlands of Na Irrigated Land (flat. Prime) High Potential Dry Cropland -Prim Prime it they Berrie Irrigated Other Land Hi:4 sway Road Rua -_ighway County Boundary Notes I I 4 State Highway a1 4 Saddler Blvd Severance Re ad yLM ii Concrete } and Asphalt Plants VI/R 89.5 State Highway 14 IF TETRA TECH WCR 80 To the east from SH257 & WCR 80.5 To the east from SH257 & WCR 80.5 17 i cOk Hng West of NCR 8 .5a nom%,, AHi k• a tW.#S' ''•:"'ems - 13 To the north from SH257 (hew to fast SH257 17 1 r vvticiatnyRoiachiorr `lt, - - Is To the south-east from SH257, north of WCR 80.5 'Li III' IN III 17 Kinc surest orb erdiat Nis To the west from WCR 80.5 Aar pr loitA ASA& Pill iiviA it& • N • alma p� tili_ ice 1.Y �7j _ OKrtt 1 •- .i11.__ A/View to Eat it SH257 adrweas?.....r— _= f p I I TETRA TECH TETRA TECH Compliance with the Comprehensive Plan & Agricultural Zone District � Overlay District Compliance � Coordinated Planning Agreement Areas � Comprehensive Plan and Agricultural Zone District � Conservation of Prime Agricultural Land I Compatibility and Impact Assessment it TETRA TECH Compatibility and Impact Assessment: Best Management Practices, Permits and Compliance • Site Selection . Air Quality and Dust Mitigation • Sound • Traffic • Water Quality • Visual Impacts • Health Impacts • Property Values • Environmental Safety Proposed language changes to: Conditions of Approval Development Standard TETRA TECH Requested amendment of first sentence of Development Standard 4.A.4: The hours of operation: When the plant is operating at night, it will only occur when material is requested by cities, counties, or CDOT, or private companies for night paving projects... TETRA TECH Development Standard 4.B. 3 & 5: hours of operation: 3) The plant will not operate more than 16 hours per day. 5) When the plant is operating at night, it will only occur when material is requested by cities, counties, CDOT, or private companies for night paving projects. Operations will be considered "night operations," when they take place between the hours of one hour after sundown to one hour before sunrise. Depending on the request of the jurisdiction purchasing the asphalt, night operations could occur seven days per week. When Simon Constructors becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. TETRA TECH Requested amendment of Condition of Approval 1 E: The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch [Larimer County Canal/Water Supply & Storage Company] located on or adjacent to the site, OR shall provide written evidence than an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have been adequately incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made." evidence from Larimer County Canal Company that the canal will accept overland flows of water from the property into the canal. Evidence shall be submitted in writing on company letterhead, to the Weld County Department of Planning Services. TETRA TECH Questions? Tisa Juanicorena From: Sent: To: Cc: Subject: Christian Schulte <CSchulte@nocoattorneys.com> Friday, November 03, 2017 2:28 PM Karla Ford Amelia Tuttle; Tisa Juanicorena; Esther Gesick RE: Emailing: Enclosure -2015.10.01 CJS letter to Planning Commission re USR17-43 .pdf, Enclosure -Severance Future Land Use Map sent with PC Itr.pdf, 2015.10.24 CJS letter to County Commissioners re USR17-43.pdf, Enclosure -trucks staging 2.jpg, Enclosure -t Thank you so much! I appreciate it. -Christian Original Message From: Karla Ford [mailto:kford@weldgov.comj Sent: Friday, November 3, 2017 2:27 PM To: Christian Schulte <CSchulte@nocoattorneys.com> Cc: Amelia Tuttle <amelia@ncvalue.com>; Tisa Juanicorena <tjuanicorena@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: Emailing: Enclosure -2015.10.01 CJS letter to Planning Commission re USR17-43 .pdf, Enclosure -Severance Future Land Use Map sent with PC Itr.pdf, 2015.10.24 CJS letter to County Commissioners re USR17-43.pdf, Enclosure - trucks staging 2.jpg, Enclosure -t I will forward on to be sure they are added as an exhibit to the case file. Thank you! Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com :: My working hours are Monday -Thursday 7:00a.m.-4:00 p.m. Friday 7:00a.m. - Noon 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: Christian Schulte [mailto:CSchulte@nocoattorneys.com] Sent: Friday, November 03, 2017 2:25 PM To: Karla Ford <kford@weldgov.com> Cc: Amelia Tuttle <amelia@ncvalue.com> Subject: FW: Emailing: Enclosure -2015.10.01 CJS letter to Planning Commission re USR17-43 .pdf, Enclosure -Severance Future Land Use Map sent with PC Itr.pdf, 2015.10.24 CJS letter to County Commissioners re USR17-43.pdf, Enclosure - trucks staging 2.jpg, Enclosure -t 1 Ms. Ford, I am sending along an email with attachments that I previously sent to Mr. Ogle in hopes that the attachments would be part of the record for the hearing before the Commissioners on USR17-43, but apparently these materials weren't successfully added. Please include them in the materials for Monday's continued hearing. I appreciate your help. Yours truly, Christian J. Schulte Original Message From: Christian Schulte Sent: Tuesday, October 24, 2017 12:06 PM To: 'Kim Ogle' <kogle@co.weld.co.us> Subject: Emailing: Enclosure -2015.10.01 OS letter to Planning Commission re USR17-43 .pdf, Enclosure -Severance Future Land Use Map sent with PC Itr.pdf, 2015.10.24 CJS letter to County Commissioners re USR17-43.pdf, Enclosure - trucks staging 2.jpg, Enclosure -truck Dear Mr. Ogle: Attached please find Mr. Moore's letter to the County Commissioners, with referenced attachments. Thank you for your assistance in this matter. Yours truly, Christian J. Schulte, Esq. Otis, Bedingfield & Peters, LLC 1812 56th Avenue Greeley, CO 80634 970-330-6700 cschulte@nocoattorneys.com www.nocoattorneys.com THIS EMAIL IS CONFIDENTIAL: The information contained in this email or any attachment hereto is confidential. It may also be privileged. If you are not the intended recipient, notify the sender by return email and immediately delete this email. Your message is ready to be sent with the following file or link attachments: Enclosure -2015.10.01 CJS letter to Planning Commission re USR17-43 .pdf Enclosure -Severance Future Land Use Map sent with PC Itr.pdf 2015.10.24 CJS letter to County Commissioners re USR17-43.pdf Enclosure -trucks staging 2.jpg Enclosure -trucks staging 1.jpg Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 2 OTIS, BEDINGFIELD &PETERS, LLC ATTORNEYS AT LAW October 1, 2017 Sent Via Email: kogle@co.weld.co.us Weld County Department of Planning Planning Commission C/O Kim Ogle 1555 North 17c11 Avenue Greeley, CO 80631 Re: USR17-0043 (Simon Contractors Company) Dear Commissioners: Christian J. Schulte The Doyle Building 1812 56th Avenue Greeley, CO 80634 970-330-6700 cschulte@nocoattorneys,coru My client, Tom Moore, opposes Simon Contractors Company's application for use by special review. Mr. Moore manages K&M Company, LLLP, a family business that owns the farmland at 8500 County Road 80'/2, immediately east of the applicant property. Based on available information, the application should be denied. In short, it poses too great a risk to the existing surrounding agricultural and residential uses. The primary concern is the potential for air and water pollution. Most obviously, the proximity of the irrigation ditch that skirts the applicant property is vulnerable to the plant's operation. That ditch is the main source of water for the adjacent farm. Recently, Mr. Moore was near to the applicant property during a restart of the plant. The sheer volume of visible dust and particulates discharged into the air was alarming, and the potential to contaminate that waterway seemed very high. Thus, Mr. Moore is very concerned about the main Water Supply and Storage Irrigation Company ditch if this application is approved and asphalt and concrete operations continue into the foreseeable future. this ditch is used to irrigate over twenty thousand acres to the east. Obviously, any threat to irrigation water is incompatible with the agricultural use taking place next door, and in an agricultural zoned area, actual agriculture should have the priority. Naturally, such activity would erode the area's potential for later residential development, too, as an asphalt plant renders nearby parcels undesirable for homebuilding. The expected noise pollution is also considerable. Quite aside from the operation of the heavy machinery on the plant itself, which is very noisy, the application projects an additional 250 truck trips per day. In a roughly twelve-hour working day that works out to a truck rumbling by every three or four minutes. Presumably, these trucks will also be idling while material is loaded. This is a severe impact on an otherwise peaceful area, whether agricultural or future residential. Both dust and noise will be exacerbated because the application as it stands allows the applicant to leave the road running along the operation to remain unpaved. This should not be allowed for the contemplated number of truck trips in the application. It also appears that noise and lighting are as likely to carry on at night as in the day. Admittedly, the proposed conditions of approval in the staff report purport to include limited hours of operation, but language excepting emergencies and nighttime contracts would seem to gut that restriction. There is nothing in the application to limit the height of the towers and material piles. This allows the plant to be an eyesore for a large surrounding radius. Regarding potential residential use, Mr. Moore was surprised to see the Town of Severance's acquiescence to the application. The Town's own Comprehensive Plan places the applicant property and Mr. Moore's property within the Growth Management Boundary, squarely in a corridor contemplated for rural residential use, abutting a Development Node for "mixed -use or urban style development". See Severance "Future Land Use Map", accompanying this letter. The proposed heavy industrial use is an obstruction to the natural belt of potential residential and commercial use between Severance and the residential zones to the northwest. The attempt to portray the proposed industrial operation as compatible with agricultural zoning is conclusory and unconvincing. For instance, saying that asphalt production is agricultural because farmers and ranchers sometimes need to use asphalt products is the kind of reasoning that could be stretched to almost any use, and renders the agricultural zoning nearly meaningless. As a side note, I am aware that in the past, sites such as is proposed here have been attractive targets for criminal persons engaged in theft of scrapping materials, during the down time of winter months. Mr. Moore certainly does not wish to see that pattern repeat in the proximity of his property. In summary, the long-term concrete and asphalt production contemplated in the application is such a quintessentially industrial activity that it should be relegated to industrial zoned land, instead of taking advantage of what might as well be spot zoning. For these reasons, please deny the application and limit the operation on the applicant property to the temporary use by right. At a minimum, this hearing should be postponed to a later date. For a few reasons, a postponement makes sense in this case: While it appears that the usual notification procedures were followed, the unusual timing of this application on the heels of the application for the temporary use and the July 4 holiday has caused some confusion. The temporary use application was granted very quickly —about 72 hours —and the plant was up and running by the time notifications for the neighborhood meeting for this application was sent out around the July 4 holiday. Many people did not receive their notifications until after the holiday, mere days from the proposed meeting. (Mr. Moore himself did not receive the mailing until a week after the 2 open house.) It appears only one neighbor attended the meeting, which illustrates the insufficiency of the process. Mr. Moore has learned from conversations with other affected neighbors that some of them believed the application was already granted, based on the operation of the plant or from a confusion of the previous application and this one. Additionally, going to the Planning and Zoning website and clicking on "Current Planning Cases" does not even pull up this application; one would have to know to click through on the various hearing dates to even find this application online. 'thus, the Planning Commission cannot feel comfortable that all affected landowners have had a meaningful opportunity to participate in this process. Rescheduling the matter would allow that participation to occur. Additionally, given the potential impact of the proposed project, a continuance would allow the applicant to submit a completed lighting plan and landscaping/screening plan before approval, so that the Planning Commission can take that into consideration before making a decision whether to recommend approval. Given the unique County Code provisions allowing temporary asphalt plants as a use of right, subject to six-month renewals by the County, the County could allow the current use to continue for another renewal period. That way, there would be no unfair prejudice to the applicant from a postponement as there might be for a type of business that could not even start work until approval. This provides the additional benefit of allowing an additional period of time to develop a solid track record of actual impact. Thank you for your consideration of this public input. Yours truly, Otis, Bedingfield & Peters, LLC Christian J. Schulte /cjs Enclosures: Severance "Future Land Use Map" CC: Thomas Moore Amelia Tuttle 3 FUTURE LAND USE MAP COUNTY ROAD 7111W WONY ROADI LEGEND I • STATE -HIGHWAY M7 TOWN CORE SUB -URBAN PERIMETER RURAL RESIDENTIAL DEVELOPMENT NODES (See Land Use Code for Development Node Descriptions) 1/4 -MILE COMMERCIAL CORRIDOR (PER SEVERANCE -WINDSOR IGA) GROWTH MANAGEMENT BOUNDARY SEVERANCE GREENWAY LAND USE TRANSITION AREA ;C iAACp 4 COLORADO flIF-1C.,.-AiAY W 0 X50011Sa' SCAT E I • . 1500' 1004) T AUGUST 2011 01111111111110 12 SEVERANCE HOMETOWN I VISION OTIS, BEDINGFIELD & PETERS, LLC ATTORNEYS AT LAW October 24, 2017 Sent Via Email: kogle@co.weld.co.us Weld County Board of County Commissioners C/O Kim Ogle 1555 North 17th Avenue Greeley, CO 80631 Re: I./SRI7-0043 (Simon Contractors Company) Dear County Commissioners: Christian J. Schulte The Doyle Building 1812 56th Avenue Greeley, CO 80634 970-330-6700 cschulte@nocoattomeys.com My client, Tom Moore, opposes Simon Contractors Company's application for use by special review. Mr. Moore manages K&M Company, LLLP, a family business that owns the farmland at 8500 County Road 80'/2, immediately east of the applicant property. This matter came before the Weld County Planning Commission on October 3, where it was ultimately approved by non -unanimous vote. Despite approval, Planning Commissioners expressed significant concerns, and we ask you, as the body with ultimate decision -making authority, to look closely at those areas before allowing an irrevocable change to the character of this agricultural land. First, we urge you to review our previous letter to the Planning Commission, a copy of which accompanies this letter. Full consideration of the concerns stated there should result in denial of the application, and we stand by what we said there. To summarize, the application should be denied based on the potential for air and water pollution, excessive noise, and light pollution, all of which render the proposed use by special review incompatible with the agricultural and rural residential uses that already exist in the surrounding area. In this new letter, we would like to expand on some issues that arose during the Planning Commission hearing itself. As Planning Commissioners mulled the matter over, increased traffic was obviously a troublesome factor even for commissioners who eventually voted "aye". At the hearing, there was discussion of the projected 250 trips per day, but it is worth looking at the underlying documentation and breaking that down some. In fact, according to the traffic study, that figure of 250 is for round trips, so what is really projected is 570 additional trips per day, of which 500 are by trucks. This is a consequential increase. It amounts to a truck entering or leaving the proposed operation every eighty-six seconds. This is nothing less than a steady stream. In retrospect, it is noteworthy that while the original traffic study contains the correct figure of total trips, every subsequent document and discussion focuses on the smaller number of round trips. We respectfully suggest that the Planning Commission was grappling with a diminished picture of the true traffic impact this proposed operation will have. In this context, we ask that you look again at input from the Department of Public Works, recommending a Development Standard that "There shall be no staging of vehicles on public roads."' This is particularly troublesome, as the applicant has in fact been staging vehicles on the public roads, as shown in the enclosed photographs. Perhaps not emphasized enough at the previous hearing was the awful stench coming from the current operation, which would only become worse if the applicant is allowed to expand its industrial operation. When Mr. Moore's planner, Ms. Amelia Tuttle, was near the site the other day, the petroleum stench was frankly sickening. This is the kind of thing that does not come through on paper; if this hearing were held on site, a clearer picture would emerge. It was also apparent from the Planning Commissioners' comments that runoff into the adjacent irrigation ditch was troubling them. We remind this Board of the ditch company's serious concerns about potential pollution of the water they supply to area farmers. The current recommendations require the ditch company's agreement to accept runoff before the final plan can be recorded. During the Planning Commission hearing, the applicant requested removal of that provision. We are concerned, as should you be, that the applicant's attempt to bypass this protection demonstrates its disregard for the agricultural nature of the surrounding areas, and belies their effort to present as a "good neighbor." Similarly, the applicant's request before the Planning Commission to allow round - the -dock operation to service private contractors shows the true aim, which is to fully convert this land to full bore industrial use. As of now, the recommendation before you contains restrictions on hours of operation that the applicant dearly wants to neuter. Such a request if granted would eliminate any pretense of any remaining respect for the agricultural nature of the area. We are mindful that the applicant may have thrown out these requests to give the Planning Commission something to deny and make approval more palatable. Nevertheless, the very effort shows they are not the considerate neighbor they claim to be. Given an inch, they will take a mile, and we are asking that this Board not let them do so. In conclusion, the proposed use by special review is simply not compatible with existing and future uses. To approve the application, you must find that the proposal is compatible with current uses and with future development. Problematically, there is no * Pursuant to Weld County Code §23-2-270, "An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any development standards approved and adopted by the County. The development standards shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with -any of the approved development standards may be reason for revocation or suspension of the special review permit by the Board of County Commissioners." 2 definition for "compatible" in the Weld County Code. However, the first definition of "compatible" in the American Heritage Dictionary is "Capable of existing or performing in harmonious, agreeable, or congenial combination with another or others". The proposed use in this case is not compatible with the preexisting uses and projected future uses of the surrounding land. The proposed use is industrial; the surrounding uses are agricultural, and to a lesser extent, residential. The applicant's own traffic study concedes they will squeeze hundreds of truck trips through an area that is too small for the influx. Their noise and pollution will ruin neighbors' enjoyment of their land. The applicant proposes to drop a loud, bright, noisy, crowded, and filthy operation amid land that is right now quietly agricultural and that is slated for future growth consisting of residential and commercial use. They have chosen a parcel that is too small and that looms over the water supply for 25,000 acres. Weld County is larger than some whole states; there is undoubtedly a parcel in Weld County that is already commercial and industrial in nature, that does not spill into a key irrigation ditch, and where an asphalt plant would not utterly change the character of the community. No doubt they have chosen the current parcel for reasons that make economic sense to them; but it does so by shifting the costs of their use onto innocent nearby landowners. Please deny the application. Yours truly, Otis, Bedingfield & Peters, LLC Christian J. Schulte Christian J. Schulte /cjs Digitally signed by Christian J. Schulte ON: cn=Christian J. Schulte, o=Otis, Bedingfield & Peters, LLC, ou=Otis, Bedingfield & Peters, LLC, email=cschulte@nocoattorneys.com, c=US Date: 2017.10.24 11:41:01 -06'00' Enclosures: Letter to Planning Commission (w/Severance "Future Land Use Map") Photographs of trucks staging CC: Thomas Moore Amelia Tuttle • —r_ -. ' 'er r � ▪ -for��S •� - • ..,42-0?0. a 'J �r.+f I •mss., 'c• . • r/ • 4 I 0 • jihr ~ c L . r.�r w • r r Sri". ✓• ago ♦ • • 0.0c .. f • ,01"r r rr_ay • a r r a i rt• wIs• tat 9aI i.Or r !eat a. A -a • ,.' a e w a-.., .. • a .-a • w _ ¢ f ..%a " .. A. r• A' r M• J _a • a •J r CG'' r • J I, • _ ^ . a ' • ' • a- '. • - - .. •• 0 a r 4' • t, .: � _..tom:tar• e 1 _,.. - r 'a i r .de r° s.ar , ;. fit T '11 4— 0 • r R •S, .i r� "!i —'I ems ... ■ 4 — a var., r a Yr a 2 a. Ma j r- . r . `�. r r ,ye 'i' e i x•L ashg•-.. ..:r 11::: • a.. arecsp a e Tisa Juanicorena From: Sent: To: Subject: Esther Gesick Friday, November 03, 2017 12:40 PM Tisa Juanicorena FW: USR17-0043, Asphalt Plant From: Don Highfield [mailto:windsorhigh@q.com] Sent: Friday, November 3, 2017 11:22 AM To: Esther Gesick <egesick@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: USR17-0043, Asphalt Plant Dear Weld County Planning Staff. I am writing this email to you to express my opposition to the proposed permanent asphalt/concrete batch plant to be located on County Road 80.5 just east of Hwy 257. I am not generally opposed to a plant like this when it adheres to all State and Federal regulations. However, these types of operations should be located in already existing industrial zones. This plant is proposed to be located in an area currently zoned agriculture. In addition this general area of Weld County, north and south (more than 7 miles) of Hwy 14 and east and west of Hwy 257 (several miles in both directions) is home to many residences and residential subdivisions. Currently, no other commercial industrial operations are located within this zone. I believe it is totally inappropriate to start that type of development in this area. If this asphalt plant is located here it greatly opens the door for similar industrial activities in the area. All of us who have moved to this area did so either because they have farms and/or agricultural related operations or because they wanted to live in a rural atmosphere in which there would be much less urban type activities, e.g traffic, noise, light pollution, foul air, crowding, congestion, crime, etc. My wife and I attended the informational meeting this past Monday, Oct 30. This meeting was very civil and many questions were addressed by Simmon Contractors and their representatives. However, many of those answers were inadequate or revealed holes in the planning. For example, the detention ponds for site run off are not to be lined thus allowing polluted water to seep into the ground potentially contaminating the irrigation ditch that runs adjacent to the site on the south side. Their answer to way they couldn't located in an existing industrial zone was feeble. One of the biggest issues of concern is the amount of truck traffic that will occur. Simmon et.al i ndicated that on the average there would be a truck entering or leaving the site every three(3) minutes. Hwy 257 is already beginning to get congested. Most trash trucks from Windsor coming and going to the Weld County landfill use Hwy 257. This will only increase as the town continues to expand. In addition, there is already a substantial amount of semi truck traffic, e.g supporting of I well operations, Budweiser, delivery, housing construction, materials delivery, etc. I know because we have a clear view of Hwy 257 which is just west of our house about 1/3 mile. Furthermore, with the proposed Rocky Mtn Sports Park to be located a the corner of Hwy 257 and County Rd 74 (Harmony Rd), those activities will also substantially increase traffic. The Planers for the Asphalt plant have not considered this in their evaluations of traffic impact. To me, these are some of the more important issues that the Weld County Commissioners should carefully consider in evaluating this proposed asphalt/batch concrete operation. I plan to be at the meeting on Monday, Nov 6, at 10 AM to hopefully express my views in person to the Commissioners. i Thank you to your attention to my response. Don and Cynthia Highfield 37064 Bald Eagle Ct Soaring Eagle Ranch Severance, CO 80550 303-513-0332 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Monday, November 06, 2017 7:35 AM Tisa Juanicorena Esther Gesick; Johnson, Anne FW: Expanded Permanent Asphalt and Concrete Batch Plant (USR17-0043) From: Bill Neumann [mailto:bneumann@fastmail.fm] Sent: Monday, November 6, 2017 3:45 AM To: Kim Ogle <kogle@weldgov.com> Subject: RE: Expanded Permanent Asphalt and Concrete Batch Plant (USR17-0043) Hi Kim, One more note, just to be clear we are not in favor of this plant and if a vote is to be taken we are a No. Thanks! Bill From: Bill Neumann [mailto:bneumann@fastmail.fm] Sent: Monday, November 6, 2017 3:44 AM To: 'kogle@weldgov.com' <kogle@weldgov.com> Subject: Expanded Permanent Asphalt and Concrete Batch Plant (USR17-0043) Hi Kim Ogle, We are not going to be able to attend the public hearing on November 6th, however, our concern in addition to the emissions of toxins into the air and water, is the substantial impact this will have on traffic. The traffic has already seen a pickup due to all the oil and gas operations going on in the area. The amount of traffic that this plant would generate would result in a nightmare of a bottle neck at the intersection of 257 and CR14 as well as traffic going into Fort Collins from CR 14 and we suspect the same going south on 257 to the Harmony intersection. Also the amount of traffic would also have a huge impact on the roads as far as maintenance is concerned. It would be better if the plant were moved to a location where it is not near residents and to a location in which the traffic would not cause a burden on folks. For example, more north up 125 away from residents and farming and where it would not have such a huge impact on traffic. Additionally, a pollution study should be done. Finally, the area is farmed and this would also have a negative impact on the farming. Thanks! Bill and Tammy Neumann 39112 Rangeview Drive Severance, CO 80610 1 Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Monday, November 06, 2017 7:33 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: USR17-0043 - Objections to Permanent Asphalt & Concrete Batch Plant From: Garry Wilkening [mailto:trouttklr@msn.com] Sent: Sunday, November 5, 2017 6:30 PM To: Kim Ogle <kogle@weldgov.com>; mfreeman@weld.gov.com; jcozad@weld.gov.com; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Subject: USR17-0043 - Objections to Permanent Asphalt & Concrete Batch Plant Please consider our strong opposition to issuing a permanent permit for the proposed asphalt and concrete batch plant to be built at WCR 80.5 and Hwy 257 and operated by Simon Constructors, Inc. This is a project that is wrong on many levels. We are Garry and Billie Wilkening, residing at 37105 Soaring Eagle Circle, Severance, CO 80550 in the Soaring Eagle Ranch Subdivision located south of the proposed plant. We strongly object for the following reasons: 1. This is an INDUSTRIAL facility, which should only be allowed in a properly -zoned INDUSTRIAL area, not in an agricultural/rural residential -zoned area. Simon Constructors, Inc. is proposing the facility in this area purely for cost -saving reasons without regard to the impact it will have on the way of life of the many families who live in the area. 2. As business owners in Weld County and the Town of Windsor we were required to adhere to strict zoning requirements for which our business was a permitted use. This asphalt and concrete batch plant is NOT a permitted use on the property, and will NOT satisfy the appropriate zoning requirements. Instead, Simon Constructors, Inc. is trying to BYPASS zoning regulations by applying for a permanent special use permit. 3. Water pollution from the asphalt plant is not just a possibility, it is a probability. Placing the plant RIGHT NEXT TO THE AGRICULTURAL CANAL on the south edge of the property is IRRESPONSIBLE. Many, many Weld County farmers and residents rely on the excellent quality of the water in the canal to grow the crops that we all use, and expect to be of the highest quality. You, as Commissioners, probably rely on the quality of the water too. Large storms are becoming more commonplace. In such an event the "pollution filters" planned for the detention pond outlet structures are highly likely to not keep up with the volume of water, causing the ponds to overflow the filters and dump toxic materials into the canal. The operator plans to dump the "filtered" water back into the canal. This "filtered" water will never be as clean as the original canal water. The detention 1 ponds are not lined. Toxic runoff from the site will leach into the canal and ground water used by the agricultural community. 4. A common complaint against concrete crushing and asphalt plants is dust and air pollution. The bags to filter the dust are not going to be adequate. In the public informational meeting held in Windsor, the plant operator would not answer a question as to how they will mitigate dust from the truck and heavy equipment activity on the site. They also would not answer a question regarding how they would mitigate fluid spills from the trucks and heavy equipment on the site. 5. The plant officials have indicated that while the plant could run 24/7 to supply large projects, they also indicated these large projects will be rare. This is an absurd statement. Every business wants to get large, long-term contracts to ensure business continuity. There is strong certainty that this plant will be running continuously, disrupting the lives of many stable Weld County families, ours included, for years to come. 6. Our property in Soaring Eagle Ranch is very susceptible to traffic noise from Hwy 257. The prevailing winds carry individual truck noise directly to our property. There is currently heavy truck traffic on Hwy 257 due to trash trucks going to and from the landfill and general commercial truck activity. The 500+ truck trips per day projection will add a constant din of noise, severely affecting our community's quality of life and our property values. Would any one of you on the Commission like to buy a beautiful home in Soaring Eagle Ranch if this permanent permit is approved? I doubt it! 7. The additional truck traffic will create very dangerous driving conditions on Hwy 257 for anyone trying to enter the highway and go Southbound. This is a 65 mph road on which someone is going to get killed trying to pull into heavy, fast truck traffic. School buses will also be turning onto the highway. Anyone can see the danger here. 8. The asphalt plant is expected to use approximately 20,000 gallons of potable water per day, which will be supplied by North Weld County Water District. This will severely affect the domestic water available to the thousands of individuals and families in this water district. We are among those families. 9. Weld County is historically agriculturally based. The growth in the number of families moving into Weld County is due to the quality of life people seek when moving from the congestion of cities. We are among that group. Allowing this dirty, noisy, polluting, congestion -causing plant to proceed will negatively affect that quality of life we all seek. Farmland, clean water and rural lifestyles are precious commodities. It would be shameful to allow this plant to go forward. Please don't allow this poorly conceived industrial operation to permanently invade our lives. Sincerely, Garry and Billie Wilkening 37105 Soaring Eagle Circle Severance, CO 80550 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Monday, November 06, 2017 7:32 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: WCR 80.5 Asphalt and Concrete permanent plant proposal From: meriam valley [mailto:meriamv@gmail.com] Sent: Sunday, November 5, 2017 6:53 PM To: Kim Ogle <kogle@weldgov.com> Subject: WCR 80.5 Asphalt and Concrete permanent plant proposal I would strongly ask the Weld County Commissioners to hold on granting a permanent plant site approval until appropriate environmental, agricultural and community social impact studies have been performed. My concerns are about the potential air, water, noise and soil contamination as well as the impact of a marked increase in the number of large industrial trucks on Highway 14 and 257. My wife and I live approximately two and a quarter miles from this project and go by this site frequently on our way to Windsor. We've already seen significant changes with large heavy industrial truck traffic as well as heavy plumes of smokestack exhaust from the temporary site. This area has always been agricultural with surrounding rural residential areas of which we have been a part for the last 14 years. I believe that a potentially toxic plant of this sort does not fit with our agricultural rural community. George E. Valley M.D. 1 Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Monday, November 06, 2017 7:27 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: USR17-0043 From: Bobbie Douglas[mailto:bobbied@Ipbroadband.net] Sent: Sunday, November 5, 2017 8:45 PM To: Kim Ogle <kogle@weldgov.com> Subject: RE: USR17-0043 Dear Kim Ogle - As a close -by resident to the intersection of Hwy 14 and Hwy 257 — specifically at Cty. 80.5, I firmly object to the operation on a permanent basis of a permanent asphalt and concrete batch plant at this location. The intersection of Hwy 14 and Hwy 257 is a very busy intersection on a regular basis and the location of the batch plant is much too close and involves large trucks which take a wide area for turning as well as slowing traffic in that area — this is multiplied by the number of trucks indicated by the notice. With the oil/gas operations across the road, it is already a difficult area to maneuver with the large trucks. Since this is the main route to get to Windsor from the north, it will make this much more difficult with the resulting congestion with traffic. My daughter works at Windsor Charter Academy and 2 of my grandchildren attend the Windsor Charter Middle/High School and they make this drive before school around 7:10 a.m. and return just after 4:30 p.m. when they are already dealing with morning and afternoon rush hours. Please urge the Weld County Commissioners to deny this application. Thank you for taking my concerns under consideration. Barbara J Douglas Barbara J Douglas Trust 7392 Weld County Road 84 Fort Collins CO 80524 970-472-5775 I MEMORANDUM To: Board of County Commissioners From: Kim Ogle, Planning Services Subject: Off -Site Improvements to Highway 257 Date: November 6. 2017 The Departments of Public Works and Planning Services are requesting a condition be added to the Board's Resolution under number 7., Prior to Operation, new letter C. 7. Prior to Operation C. Accepted construction drawings by the Colorado Department of Transportation (CDOT) and construction of the off -site roadway improvements to State Highway 257 are required prior to operation of the facility. This requirement will be effective after the current temporary use permit for the batch plant facility expires. Off -site improvements for CDOT on Highway 257 include construction of a northbound right deceleration lane, a southbound left deceleration lane and a northbound right acceleration lane. SERVICE, TEAMWORK. INTEGRITY. QUALITY Tisa Juanicorena From: Sent: To: Subject: Attachments: Kim Ogle Monday, November 06, 2017 7:50 AM Esther Gesick; Tisa Juanicorena FW: simon power point..final presentation Simon Contractors planned.pptx Greg and Laura Doyle have submitted a presentation for today's hearing. From: doylegreg5@aol.com[mailto:doylegreg5@aol.com] Sent: Sunday, November 5, 2017 10:55 PM To: Kim Ogle <kogle@weldgov.com> Subject: Fwd: simon power point..final presentation sorry.. this is the final one.. I didn't have the wind travel calculation in the other one Thanks Original Message From: Laura Doyle <Laura.Doylecrmcwy.orq> To: 'doylegreg5@aolcom' <doylegreg5@aol.com> Sent: Sun, Nov 5. 2017 10:52 pm Subject: simon power point Simon Contractors appl, USR 17-0043 for Asphalt Plant wcr 80 1/2 rnissions/ toxins and environmental gases and fugitive particulates and dust effects on our health/community Presentation outline • Contact Us for issues � Contact for landowner/ Simon contractors � What we can do.. � What is particulate matter, size � Picture of lungs and depth of particle/ toxin penetration � List of 40+ toxins, dust, diesel, silica and asbestos from plant • Pub Med research articles of 44 studies on health effects of asphalt plants � MSDS sheets of toxic items on site(Martin Marietta) 85 sheets on site. • Effects of Industrial sites on residential areas of noise, smell, dust, diesel emissions, water pollutants, 24/7 traffic, lights and vibration issues • They are in a agricultural area - need to heed farm equipment, animal health and cattle movement of herds, farm dogs, irrigation channels, hunting areas all around the site for dove, pheasant and geese. Emergency access for ambulances and accidents off 14/257 routed onto 80 1/2 Contact Us � EPA MarkPaHick (303) 692-3635 • Water quality spilt line/color change 1(877) 518-5608 FDA Rob (303) 869-9042 ***Dept of Agriculture (over food sources, cattle/dairy) (970) 356-8097 � OSHA- unsafe work practices or site explosions..... (303) 844-5285 � Weld Cty public health dept -smells, dust, noise James Taloumis @ (970) 400-2239 • Fire Marshall for Windsor/Severance (Sandy F) ............... (970) 686-2626 x305 • Colo Dept of Environmental Quality (DEQ) .................... ( 720) 865-5452 i I I I I I I I I • I Weld Cty Sherriff (traffic) North Weld Cty Water PV Rea- electric...... Leanne Coons 0 00 00 0 0 OS 0 00 00 0 S 0 0 0 0 0 00 0 0 00 • 0 000 0 0* 0•• 00 0 0 00 5 00 0 .. 00 0 00 0 0. 0•00 0 00 • 0 0. 0 0! 0 0•• 0 0. 0 0!• • i i00 0 Water Supply & Storage (ditch company) — Dennis Weld Cty Fish & Game (discharges, dead fish & game) officer Shane Craig CSU Vet Schools research, sick State Vet Jennifer House, DVM. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cattlemens Association Terry Van heiser... ..... Weld County Farmers Assoc Aubriel Jones...... Colo Livestock Assoc ...(970) 356-4015 .(970) 356-3020 .......(970) 226-1234 ....(970) 482-3433 ! 0 y 0 ..(970) 420-3807 ...(970) 297-5010 (303) 239 161, cell (303) 692-2628 (303) 431-6422 (308) 778-6535 ......(970) 378-0510 What we can do... � Write or call • Mayor of Severance- Donald Brookshire 970-686-1218 Fax: 970-686-6250 • Weld County Commisioners 336-7204 • Senate Rep- Ken Buck Greeley office 702-2136 • Govenor Hickenlooper denver office 303-866-2741 • Contact local newspapers, tv news channels, radio, friends and family • Start a neighbor hood meeting, facebook page against asphalt pland and demonstrations and legal options as a group or individual • Be vigilant to report any discharges, code violations, neighborhood issues and picture's of any issues of interest we may need to submit to federal or local authorities on prey slide • Air Emission Reporting and Permitting: "Community Right to Know" - On March 1 of each year, every hot mix asphalt production facility is required by state and federal law to report the storage of regulated onsite chemicals. This information is sent to emergency planning organizations. Concerned citizens can obtain this public information, please contact: • Wastewater and Storm water Permitting: • Water Quality Control Division • (303) 692-3500 � www.colorado.govipacific/cdpheiclean-water � Solid and Universal Waste Management: � (303) 692-3415 or Hotline: (303) 692-3320 www.colorado.gov/pacific/cdphe/hm Asphalt Co. leasing land • Simon Contractors � Simon Contractors Corporate Office � 6215 Clear Creek Pkwy � Cheyenne, WY 82007 • Telephone: 307 635 9005 • Fax: 307-635 9010 � Region offices: Cheyenne 307-632-7900 � Vice President of Operations- Brett Baker • Exec President- Bradley League � Vice President and CFO -Arnaud Chabenat Land Owner responsible � Nels Nelson � Cactus Hill Ranch Company • 38990 State Highway 257 � Fort Collins, CO 80524 � (970) 686-2215 or Call (970) 381-0531 � Family business partners- Walter Nelson • Cactus Hill Ranch- A.J. Nelson Tetra Tech R&D firm for Simon Tetra Tech 3801 Automation Way Ste 100, Fort Collins, CO 80525 Phone: (970) 223-7171 Representative: Anne Johnson Their philosophy -"At Tetra Tech, we seek clear, sustainable solutions that improve quality of life. We take this responsibility seriously because Tetra Tech's work often places us at the center of our clients' environmental, safety, and sustainability challenges:' from Tetra tech website 11/1/2017 clients' environmental, safety, and sustainability — what is that � Corporations around the world are struggling with a new role, which is to meet the needs of the present generation without compromising the ability of the next generations to meet their own needs. Organizations are being called upon to take responsibility for the ways their operations impact societies and the natural environment. They are also being asked to apply sustainability principles to the ways in which they conduct their business. Sustainability refers to an organization's act a corporate ethical and social resoonsibilit to do what is ri:ht that demonstrate the inclusion of social and environmental concerns in business operations activities, and in interactions with stakeholders (van Marrewijk & Verre, 2003). Particulate Matter 50 10m arks" charrees 90 jim iviraniv a dear FINE IBEACH SAND C PI$ o COMPOLnebai C Sion ingiaawq Ian ears G. io pa Opm :y r dis saw a a. u� Piano per Its Salute della pravincia di Modena Continued list of toxins/dust � Lead in vapor and mineral compounds � Crystalline Silica or Silica dust as seen in mining/ rock crushing- respirator is required per OSHA (title 29 of the Code of Federal Reg) � Arsenic in dirt and crushed dust and dumped in ground water � Diesel exhaust and diesel particulate matter that grabs onto greenhouse effect for chronic respiratory damage � Cadium, hexane, sulfur dioxide, carbon monoxide, crotonaldehyde, heptane,acrolein, hydrogen sulfide Supposed limits (lbs per v 13. , EMI SIONS LI rrATI N AND _ REP l J EME . - Pursuant to ISA NCAC 2D a1100Air Pollutants," and in accordance with the approved application for an air toxic compl i ce demonstration, the following permit limits shall not be exceeded: Affected Source(s) f Toxic Air Pollutant No, 2 fuel uLI! recycled No, flue l oil/No. 4 l o L/ recycled Nu. 4 fuel, oilatinxt drum. 'dryer/mixer 020 million u per hour maximum heat input) (ES -IS) Arsenic & Com vowcls (lotal mass of elemental AS, ine and all inorganic compounds) (ASC (7778394)) Benzene (7143-2) Formal dcbydc {50-00-0) Nickel metal (Component ofNlC) (744O-O2O) Hot mix asphalt storage silo (70 tons pacify) S-16) Truck loadout operation (ES-il) Benzene (71-43-2) 'omtaMehy ° (50-00-1)) No. 2 fuel ail -find asphalt cement heater (] minion Btu per hour maximum heat inpixt) (ES -19) Benzerke (71-43-2) Formaldehyde (0r004)) Arsenic & Compounds (toni mass of elemental AS, arsine and all inorganic corn, )(MC (1778394)) Benzene (7143t2) 3 2) Formaldehyde (O'4O-U) Nickel metal (Component CD Iw N IC) (7440t2M). Fininko Limit p----- 0168 lbsfyr 6 _ i 1 l 7 l bs/yr 1.01 lbw 492 lbse.24-hrs lbstyr 0.0273 lbsihr O.649ibeyr 0.00119 lbsithr 0.035 lifr 04172 lbsoye r OOOO34 lbsihr 0,000072 ibse24ahrs r I • I I I • • I I • I EPA distance particles travel from Asphalt plant Stokes Law Equations Formulas Calculator acceleration of gravity g= 18uV 1 d2 (Pp -Pm) Average particulate size 1.0-0.8 .2 mohl winds - 3.6km 12 %: 10 km (6 mph) winds = 6 mile toxins cover consistently 20 km (12 mph) winds = 12.59 miles of toxic cover consistently ■ 40 km (24.8 mph) winds= 25.5 miles of toxic cover particulates consistently 60 km (37.28mph) winds= 30 miles toxic cover Most gases and fugitive dust grab onto each other and remain in the area atmosphere for up to 3 months and acid dust falls to the earth and grabs onto roofs, automobiles, lays in river banks and ponds. It builds up on animal fur and skin to cause boils, scabs and cancer lesions. Lead and arsenic are a poision that is cummulative and all the 40 + toxins are present at any time. http://www.besatenetcorniAsphalthtm Asphalt Plant Pollution Asphalt plants mix gravel and sand with crude oil derivatives to make the asphalt used to pave roads, highways, and parking lots across the U.S. These plants release millions of pounds of chemicals to the air during production each year, including many cancer -causing toxic air pollutants such as arsenic, benzene, formaldehyde, and cadmium_ other toxic chemicals are released into the air as the asphalt Is loaded into trucks and hauled from the plant site, including volatile organic compounds, polycyclic aromatic hydrocarbons (PAHs), and very fine condensed particulates.[EPA Asphalt Fumes are Known Toxins. The federal Environmental Protection Agency (EPA) states 'Asphalt processing and asphalt roofing manufacturing facilities are major sources of hazardous air! pollutants such as formaldehyde, polycyclic o clip organic matter, , and toluene. hexane, phenol, �� ' � _ '� Exposure to these air toxics may cause cancer, central nervous system problems, liver damage, respiratory problems and skin irritatonat' [EPA]. According to one health agency,. asphalt fumes contain substances known to cause cancer, can cause coughing, wheezing or shortness of breath, severe irritation of the skin, headaches, dizziness, and nausea. [NJDHSSI Animal studies .show PAHs affect reproduction, cause birth defects and are harmful to the immune system. [NJDHSS1 The US De- partment of Hearth and Human Services has determined that PAHs may be carcinogenic to human_s..[DHH] Health Impacts & Loss of Property Value. The Blue Ridge Environmental Defense League (B EOL)5 a regional environmental organization, has done two studies on the adverse impacts on property values and health for residents living near asphalt plants. A property value study documented losses of up to 56% because of the presence of a nearby asphalt plant. In another study, nearly half of the residents reported negative impacts on their health from a new asphalt plant. The door-to-door health survey found 45% of residents living within a half mile of the plant reported a deterioration of their health, which began after the plant opened. The most frequent health problems cited were high blood pressure (18% of people surveyed), sinus problems (18%)., headaches O4%), and shortness of breath (9°4 [BRED L] Flawed Tests Underestimate Health Risks. In addition to smokestack emis- F1 F: Source: U.S. EPA 2000 ■,fir • sip P3ricrulate Matter cid Pellutartz Natal • c clasp frost, r,ikl mtct • I • F , is 4 t t; it dial paiiti�44 fA4 \Ay Gas Toxin and pollutant ratings • Asphaltins, sulfur dioxide, nitrogen dioxide, carbon monoxide, and metal particulates and gases have ratings. � Hazardous Air pollutants (RAPS) are catagorised into Semi -volatile, volatile HAPS, and metal RAPS have been measured in all Asphalt plants.1 • Many compounds have odor thresholds that are lower than the levels thought to be hazardous. We get runny nose, racing heart, cough, chest pain, cardiac issues and stroke or seizures as a fight or flight reaction to the initial hazard/odor. Colo Dept of Health & Environment • The need to d. studies to make sure of permit application and compliance by the CDHE on a Asphalt Plant. • Do particulate, carbon monoxide and emissions at the site. A formal study is required. � Wind data and terrain exposure and ground water studies should be done to protect natural resources/ local food product and dairies in the area. Colo Fish & Game should be part of the lakes protection in this area. • The Colo dept of health & Environ is mandated to protect the public health FROM NOXIOUS ODORS AND TOXIC POLLUTANTS • EPA states there are" NO SAFE LEVELS of HAPS for children, elderly and people with pre-existing conditons. It is environmental, genetic, • Activity, diet, metabolic rate and other factors that determine the level of effect "2 of toxins and fugitive dust on ones body and rate of absorption leading to higher blood levels and ultimately a shorter life expectancy. I H EALTH "FECTS IT SKPEUPLE INCRSED EFFECTS PAZ ONANT WOMEN HAVE HEART/LUNG DISEASE: DIABETES ACTIVES SENIORS CHILDREN & INFANTS • • • • • 0 • • • • A if • 0 • • • S d ASTHMA PREMATURE BIRTH; INFANT MORTALITY *EART DISEASE RESPIRATORY ILLNESS: LUNG CANCER PREMATURE DEATH Breathing ozone can trigger chest pain, coughing, throat irritaVon, and worsen emphysema and asthma. Inhaling particulate pollution can result in respiratory illness, cardiovascular disease (heart disease and strokes), and even deaths (Source: Ozone Basic information. U151. EPA/ Particulate Matter. Basic information, US, EPA) 40+ t..xinsJas and particulates TA B ILE S . E'TIMA. T E D ANNUAL EMISSION'S Pi R A TYPICAL DRUM MI X D R YERa 1'ci.11u�a t Ncr_ 2 .Ia awl soul• hired r_lr_ ct I Natural Las -f_u�--t.l 411-v 0 . ....._ LlittNs . In'era .1' cii kni MUM PM -10 Made cc' N n, 44410 16,40) 'AFicielb110 2, 100 4,4CK) 6,4(10 26.&lit 6130 S_2lc) .1.1.3000 P H x c x %t ra- r.4a w1 i k I l A l':<5 2 -M ottoil rant' *Bail the 34 13 , .cittaplig lie. t t (L2Ile 0_ = , Cen gnI 11 l'ry km.: 4A 1.. ' Antlirat nI dil_642 0.044, 13an,: t eill_oato lii -c r_ 01.0412 0_04:2 .13 a :a1oymole.. 111.CFM0 0.. 0*0 0.0.30 i.F.. WO 1≥ enz 0113.1dituoran pal.: Seitz eseip it e c ctft22 a_ tle 2 Seri :la OS. r4it. ary,I��t.. 0.04:143 0 0.. WS 0 niele at Of It_ p n anal nts. c C _I`KIt12 €F.1k7c11'; airy sen a {r.th_ 0. 03 la Flu caiit.litS {1. 12 0. 1.2 Mu ane '1 0. WI .isislaies4 1 ,3-ccl 3 fl v ate^ 0141014 0. (lIF 14 N apt tlttalerte .1 30 I -1i Pest y Jean a 6t_lQRl * C h. Mt IS :ly'lt.ertarelia! tie 4..6 1..5 I?y tens° (P.6ll+ 0J!.. 11. Tot Al 1:.Ai-i t :I WI' 37 t.st,!Mile .HA.l s 1INCI -6ICI aril e IC1p HAP 11 t icanr :I_ mil- 1.8i 0 Iii by' erase ne. All .214 Fnwrecil &I Y id 6 1I 620 Al a11h.y ] s.-3 I knnalsou IAi cit. 6. Toluene .51Dai 30 St 40 .fir Ica- .rcni vote ita .171A -Ps I,5GM :1 , 29 _ Metal _I-JAl'_c _ :mil 3 0.1? ae;J5eriair i CM_S .1,_ CF_C1iN Axi I iroorii3,e 0.036 a. (P36 }is u i en c CIS_ 7 :I CP_ 11 en Ilittirnft GtlICK:F 0.. (K1P (Tmff Iit t.l Tel t F..082 (linicr ,bunt 1 _:1 1_ l .h4 =al Lan i_, 1 .A 1 ti a Nick el 12..6 12-6 iuito 0.0 70 0. Tibial ofrrial 1: APS, 19 16 d i_ra IL. tt by..fn brie fi"h,r r pi -mine in g t1Walb inns earl' hem Ttrt x pIhca li I r y emir _ ativieeeni ) n nrl 9011 pere en t sI" FDA A_ prcrl,wecents in,g natural zas : tnans.t: of tilt region ion in trig HINILA. is pro edLceJ using fu nil Cont. list of toxins/gas/ partic. t t Lead in vapor and mineral compounds Crystalline Silica or Silica dust as seen in mining/ rock crushing- respirator is required per OSHA (title 29 of the Code of Federal Reg)3 � Arsenic in dirt and crushed dust and dumped in ground water • Diesel exhaust and diesel particulate matter that grabs onto greenhouse effect for chronic respiratory damage � Cadium, hexane, sulfur dioxide, carbon monoxide, crotonaldehyde, heptane,acrolein, hydrogen sulfide Health effects pt 2 � Asphalt plants are sources of air pollution that may emit significant levels of both particulate matter and gaseous volatile organic compounds (VOCs). Some VOCs are suspected carcinogens or cancer -causing agents. Seven typical pollutants found at various levels in emissions from asphalt plants: 1. Hydrogen Sulfide (H2S) — a poisonous and colorless gas that is associated with the smell of rotten eggs. People who live near industrial facilities that emit hydrogen sulfide may be exposed to higher levels. It remains in the air for about 18 hrs. High levels of exposure may result in respiratory distress, pulmonary edema, nervous system depression, neurobehavioral effects, tissue hypoxia, cardiovascular effects, unconsciousness and death. Lower level exposures may result in less severe neurological and respiratory effects, such as incoordination, loss of smell, nasal symptoms, sore throat, cough and dyspnea, Some evidence suggests that people with asthma may be overly sensitive and impaired function has been observed in asthmatics exposed to lower levels. Brief exposures can cause serious reactions. Most people recover, but some effects can be permanent or persistent. • Benzene aka Benzol, is a colorless liquid with a sweet odor. It is known as a carcinogen or cancer -causing agent. It enters the body through the lungs, gastrointestinal tract and across the skin. Brief exposure at high levels can cause serious reactions up to and including death. Lower level exposures can cause drowsiness, dizziness, rapid heart rate, headaches, tremors, confusion and unconsciousness. Continuous exposure can lead to anemia and excessive bleeding. It is harmful to the immune system by increasing the chance for infection and perhaps lowering the body's defense against cancer. � Exposure has been associated with development of a particular type of leukemia called cute myeloid leukemia (AML). Exposure may be harmful to human reproductive organs. It can pass through the mother's blood to a fetus. It may be harmful to an unborn fetus causing low birth weight, delayed bone formation and bone marrow damage. High birth defects and miscarriage for livestock and local wildlife. Benzene continued.... � Benzene • Also known as: Benzol, Mineral Naphtha, Phenyl Hydride, Annulene � Chemical reference number (CAS): 71-43-2 I Benzene is a widely used industrial chemical. Benzene is found in crude oil and is a major part of gasoline. It's used to make plastics, resins, synthetic fibers, rubber lubricants, dyes, detergents, drugs and pesticides. Benzene is produced naturally by volcanoes and forest fires. � In homes, benzene may be found in glues, adhesives, cleaning products, paint strippers, tobacco smoke and gasoline. Most benzene in the environment comes from our use of petroleum products. • Benzene quickly evaporates from water or soil. If benzene leaks from buried storage tanks or landfills, it can contaminate nearby drinking water wells. Benzene can move long distances in groundwater � Chromium - a naturally occurring element found in rocks, animals, plants, soil and in volcanic dust and gases. It cannot be tasted and has no odor. It is present in the environment in several forms, the most common being chromium(0), chromium(III) and chromium(VI) also known as hexavalent chromium. Chromium(VI) and chromium(0) are usually produced by the industrial processes. Chromium(VI) can cause irritation to the nose, such as runny nose, nosebleeds and ulcers and holes in the nasal septum. Chromium(VI) at high levels can damage the nose, and cause cancer. Ingesting Chromium(VI) can cause upset stomach, ulcers, convulsions, kidney and liver damage and even death. Skin contact can cause skin ulcers. Some people are extremely sensitive to Chromium(VI) or Chromium(III). Allergic reactions of severe redness and swelling of the skin have been noted. . Formaidehyse - is a nearly colourless gas with a pungent, irritating odor even at very low c.ncentr.tions (BeI.w 1 ppm). It is a potent sensitizer . nd a pro �. human carcinogen or cancer -causing agent. It is an eye, skin and respiratory irritant. Inhalation of vapours can produce narrowing of the bronchi and accumulation of fluid in the lungs. Children may be more susceptible than adults to the respiratory effects of f.rmaldehyde. Even fairly low levels can produce rapid onset of nose and throat irritation, causing cough/ chest sam, shortness of breath and wheezing. � Polycyclic Aromatic Hydrocarbons (PARS) are a group of over 100 different chemicals that are formed during the incomplete burning of coal, oil and gas, garbage or other organic substances found in coal tar, crude oil, creosote and roofing tar. Health Services agencies have determined that some PAHs may reasonably be expected to cause cancer. Some people who have breathed or touched mixtures of PAHs and other chemicals for long periods of time have developed cancer. Certain PAHs have caused cancer in laboratory animals with breathed in air containing them (lung cancer), ingested them in food (stomach cancer) or had them applied to their skin (skin cancer). � They are found in air attached to dust particles and can enter water through discharges from industrial and wastewater treatment plants where they can move through soil to contaminate groundwater. The PAH contents of plants and animals may be much higher than in the soil and water where they live � Cadmium — is an element that occurs naturally in the earth's crust. it is a soft, silver -white metal that attaches to small particles in the air. People who live near hazardous waste sites or factories that release cadmium into the air have the potential for exposure. Breathing in high levels can severely damage the lungs and may cause death. Low levels breathed in over long periods of time (years) may result in kidney disease, lung damage, and fragile bones. It is revealed as well that cadmium can cause fewer births, more birth defects than usual, lower birth weights and babies born with behavioral problems and learning disabilities. Multiple health agencies have determined cadmium to be carcinogenic to humans. • 7. Arsenic - occurs naturally in soil and minerals. It may enter the air, water and land from wind blown dust and also may get into water from runoff and leaching. It attaches in the air to small particles, which settle to the ground or are washed out or the air by rain. Airborne arsenic can stay in the air for many days and travel long distances. Ultimately, most particles end up in soil or sediment. Children may also be exposed to arsenic by eating dirt, skin contact with soil or water that is contaminated or through inhalation. • • no rga n i c a rse n i c is usually found in the environment combined with other elements such as oxygen, chlorine and sulfur. Organic arsenic is arsenic combined with carbon and hydrogen. Long-term oral exposure to inorganic arsenic can cause changes in skin patterns called corns or warts on the palms, soles and torso that may develop into skin cancer. Swallowing inorganic arsenic has been reported to increase the risk of cancer in the liver, bladder, kidneys, �rostate and lungs. Multiple health agencies have determined inorganic arsenic to be carcinogenic to humans. Breathing inorganic arsenic will result in a sore throat irritated lungs and the potential to develop lung cancer. This has been seen mostly in workers exposed to arsenic at smelters, mines and chemical factories, BUT also in residents who live near smelters and chemical factories or waste sites with arsenic. High doses of organic arsenic may result in nerve injury, stomach irritation or other effects to incline bleeding disorders. All effects are potentially a concern for children and animals may be more susceptible to health effects than adults. lyme • For many years people have used and continue to use hydrated lime to help rid their barns and stables of ammonia and the smell that accompanies it. However, studies have found that hydrated lime may be doing more harm than good. In fact, specialists at North Carolina State University and North Carolina A&T State University concluded that hydrated lime increases the alkalinity of litter and, in fact, creates more ammonia by converting ammonium into ammonia gas! � Not only is hydrated lime a very short-term solution (that only works to cover up the smell of ammonia) but it can also be a very dangerous product to use. If high concentrations of hydrated lime dust are inhaled, irritation to the respiratory tract will occur. Dermatitis can result from prolonged exposure and repeated skin contact and a risk of severe and permanent eye damage exists if hydrated lime comes in contact with the eyes. The product can cause burns in the presence of moisture and will cause irritation of the gastrointestinal tract when ingested or inhaled. Personal protective equipment should be worn at all times when using hydrated lime. Crushed rock and used brick items and recycled asphalt shingles � ASBESTOS -Virtually all mortar found brick and cinder block buildings constructed prior to the mid -1980s contains asbestos. Adding asbestos to mortar mix increased its tensile strength tremendously. � Asbestos stops the elasticity of the lungs and makes a film that when the micro fibers are inhaled into the lungs, they cause micro -abrasions on the inner surfaces of the alveoli, or air sacs. This, in turn, causes the build- up of scar tissue; as scar tissue grows, air capacity diminishes. In essence, the person slowly suffocates. 44 Pub Med Refs to dangers/ deadly effects of cement dust and silica on humans and animals Med Pr. 1991;42(4):281-9. Res. 2017, 1 (12) 114-18 [Biological effect of cement dust]. [Article in Polish] Maciejewska Al, Bielichowska-Cybula G. # Abstract The harmful effect of cement dust upon living organisms consists in irritating, sensitizing and pneumoconiotic properties of its components. In animal studies it has been observed that cement dust induces atrophic and hypertrophic changes in nasal and pharyngeal mucosa and chronic exfoliative bronchitis. In the lungs of experimental animals slight tissue fibrosis and some emphysema foci were found. The examination of workers exposed to cement dust has shown that disorders of the upper respiratory airways they suffer from include most often chronic rhinitis, laryngitis and pharynx catarrh. Also, it has been noticed that chronic bronchitis in the exposed workers was 1.7 times more frequent compared to those non -exposed, and that asthma was diagnosed in some of the exposed workers. Chronic bronchitis was usually characterized by the symptoms of impaired, obstructive lung ventilation. Defects in lung ventilation were strictly related to the duration of mild cases of cement pneumoconiosis diagnosed in a small percentage of workers who were exposed for at least 10 years to high dust concentrations. Long-term contact of skin with cement results in inflammatory changes or, in some cases, in chemical burns. Etiological factors of inflammatory skin chan, es are allergenic elements (Cr, Nr, Co) and irritating agents found in cement. 4 PMID: 1812389 � [Indexed for MEDLINE] Binder with breathing/ respiratory effects of cement dust and toxins from Asphalt plant I See Pub Med list..in binder Binder with Material Data Sheets from Martin Marietta on dangers of these dusts and chemicals on site Effects of Industrial sites on residential areas of noise, smell, dust, diesel emissions, water pollutants, 24/7 traffic, lights and vibration issues � Noise -anxiety about it with real physical symptoms it also could affect mood, anxiety and stress levels and sleep disorders and fatigue, suicides. � Smell -Exposure to noxious odors could result in health effects ranging from none, to mild discomfort, to more serious symptoms. Some chemicals with strong odors may cause eye, nose, throat or lung irritation. Strong odors may cause some people to feel a burning sensation that leads to couhinwheezing or other breathing problems. People who smell strong odors may get headaches or feel dizzy or nauseous. If an odor lasts a long time or keeps occurring, anxiety about it without real physical symptoms it also could affect mood, anxiet and stress level and suicidal thou:hts. Michelle Callard-Stone Biolo:ical and Behavioral Scientist (PhD) • Dust- explained earlier � Fumes/diesel- handouts � Vibration and noise- * Whole -body vibration can cause fatigue, stomach problems, headache, loss of balance and "shakiness" shortly after or during exposure. The symptoms are similar to those that many people experience after a long car or boat trip. After daily exposure over a number of years, whole -body vibration can affect the entire body and result in a number of health disorders. Studies of bus and truck drivers found that occupational exposure to whole -body vibration could have contributed to a number of circulatory, bowel, respiratory, muscular and back disorders. The combined effects of bodtposture,postural fatigue dietary habits and whole- bodyvibration are the possible causes for these disorders. (1997-2017 Canadian Centre for Occupational Health & Safety) � Water pollution/ toxins- number one way to kill off a community/ population Other health issues on site • Site has used diesel oil containers, old tires, uncovered truck batteries w corrosion and use• antifreeze container by road. � Public health hazard to children, farm animals, and wildlife. Site pics of waste Important fact.. Health is something you do pre-emptively. Once its gone,loss of freedom and quality of life Violates right to health, welfare and safety of self, right to farm and local water, crops and food sources with toxic impacts to region. 40 •f the 48 toxin were not in this area before the asphalt plant is being forced on us.. This is not S environmentally responsiie •r sam. i ne LV/-k regulates things that aren't nsxious, poisonous or dea. ly health hazards but have slide rules "one exposure is 'ne effect"S not acceptasle to most... if wind speed is •ver 20 m.h wont do air level studies " when fugitive dust is higher" • .Mitigation of such facts and envirsnment heJth dam.gesc.used by this development could be placed in the hands of the county which would in turn pass costs on to taxpayers not responsible for toxic health or environmental impcts. you invite them at risks we have not agreed upon. They make profits, we get taxed twice...die twice as fast • We are not paper citizens.. Isoks good � On paper so risks look more • impersonal Key issues- #1 ground water pollute = fastest way to kill a population • 2.cannot prove the proposed use is consistent with existing surrounding land uses — mostly farmland and single-family homes and green company solar farm/ dairies up the road/ fishing lakes � 3.Cannot prove its application without competent evidence the applicants made diligent efforts to conserve prime farm land should use CDOT land on hwy 14 by Nels house � 4.application where the uncontroverted evidence demonstrated the proposed industrial use would violate the applicable noise standard/ vibration issue- violates current residential codes and not 24/7W-APEN is for Hinesville, Georgia � 5.Traffic issue now, what in 5-10 yrs will be death trap � 6.Mitigation of such facts and environmental or health damages caused by this development could be placed in the hands of the county which would in turn, pass costs on to taxpayers not responsible for environmental impacts you invited at risks we have not agreed upon. They make profits, we get taxed twice... Key issues continued t Such a company should have accurate, sound business practices and sustainasle corporate citizenship -(they have not dem'.nstrated) • They have used an a.plication for business with a p.o box, the shipping address was not through the county but by google maps (my house) , and the APEN application to Colo State has this plant located in Hinesville, Georgia. Who knows where all these toxins and pollutants will end up in our area or the if "procedures" will be carefully followed. • in the Northwest, Washington state has enacted a new law that � takes effect Oct. 4 and is going to require all wet -scrubber • operators to two things. Operators will have to line all ponds • with an impermeable membrane (concrete, polyurethane or � something similar) and perform water testing on a weekly basis � •ossibl more often of an dischar:ed li. uid and not to dischar:e into irrigation ditches used for food products that affects ground water and area well leaching. 6 In the near � future, you may well see a wave of states following in • Washington's footsteps. With these regulations taking effect on � the state level, can the feds be far behind? References � 1. Science Direct; Hazardous air pollutant emissions from gas -fired combustion sources: emissions and the effects of design and fuel type, Volume 42, Issues 5-7, February 2001, Pages 745-764: England, Glenn � 2. Health Consultants, Evaluation of Exposure from the Former Valley Asphalt Production site, Spanish Fork, Utah; Dec 8,2005 � 3.OSHA fact sheet, OSHA's crystalline silica rule;3/20/16. 0 4. Pub. Med. • 5. Investigating the Human Exposome, USEPA, Human Exposure and Atmospheric Sciences: http;//www.epa.gov/heasd/air.html � 6. How to choose the right asphalt plant, Roads and Bridges 12/28/2009 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Kim Ogle Monday, November 06, 2017 7:48 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: USR17-0043 Meeting 11/6/2017 10:00AM RAP facility.docx From: MICHELE Benson [mailto:MBENSON320@msn.com] Sent: Monday, November 6, 2017 7:44 AM To: Kim Ogle <kogle@weldgov.com> Subject: USR17-0043 Meeting 11/6/2017 10:00AM Hello Kim I am not able to make the meeting today on such short notice. I have attached all my concerns with this facility. Thanks Michele 1 To the Weld county planning department and the Weld County Commissioners. I wanted to have my voice heard. I have lived in Weld County forty-five plus years. I have wanted to live in the country and to have land that was mine. In March 2017 this dream came true. I could afford a lot with a little over five acers. It had been on the market for a long time as it is next to a large farming ditch. Across the road a corn field on an old dirt road. Our first few months we saw deer, coyotes, eagles, and lots of other wildlife. In the evening I could set outside with no noise. I could look out my front windows and see the mountains. My dream has come true. Now I fear that my dream has ended. If you allow this plant to be built. It baffles me that a large industrial company can move into a rural farm area. Now I could have five hundred trucks a day into and from the plant. I will have five hundred large trucks on my road. I will hear all the noise of this large industrial plant. When I look about the window I will see a sixty -five-foot bin! Will the animals stay??? I doubt it. I have lived my dream for seven months... that is not long enough. If I wanted to live in an industrial neighborhood I would have moved to one. I have talked with my relator and she has shared that any time you place an industrial plant in a residential neighborhood your property value will go down. So, if I try to sell I will lose money. I have issues below with why this plant needs to be in a industrial location and not a residential one. 8765 CR 80.5 Fort Collins Co 80524 Noise & Traffic The loader will be beeping as it backs up after each load... we can already hear this. The noise of the trucks. They pull out in front of you now all the time, if you are behind them you can add 10-15 minutes to your trip waiting for them to get out onto HYW 257. The noise of the plant. Yep can hear it when setting outside. On a little dirt road (80.5) with a stop sign only. Over five hundred truck's a day. This does not include employees and current residential vehicles. No plans for turning lanes on this road. Lights from the plant. Can already see from kitchen window. Health & Environment Water- they are right next to a ditch that supplies water to a lot of farms. They have said the holding tanks will not be lined.... All of the chemicals can get into the water and onto the food that is being grown. Pollution to • Water • Air • Residents http://environment.govmu.org/English/eia/Documents/Reports/a sphalt batching/chp7.pdf above link to a study KEY ENVIRONMENTAL IMPACTS The key environmental impacts which have been assessed to be associated with the 2 manufacturing undertakings, namely ready -mixed asphaltic concrete and ready -mix concrete are listed down as below: • Dust emissions — which may cause air pollution, nuisance to human health and comfort, and environmental and material damage. • Gaseous Emissions and Odours • Lorry tragic — producing noise, dust, exhaust fumes etc. • Noise and Vibration — affecting employees on site and any surrounding human receptors 73.1 Asphalt Plant It can be predicted that the air environment at the site and to some distance around the site will become polluted to some extent during the operation of the asphalt plant. Degradation of the air quality and lowering visibility from air borne particulates/dust could arise from potential sources as listed out below: • Unloading of aggregates from transport tonics • Loading of aggregates in hopper bins • Emission from regular and continuous operation of diesel operated machine • Dust stirring under wheel action http://www2. co.fresno. ca. us/4510/4360/environmental/7- 4Sanger-Centervi I leDraftE I R -Append ices/Append ix%20D%20- %20Health%20Risk%20Assessment.pdf The above link is to a study to a health risk study done for a plant just like this one it shows the cancer risk. Threshold for cancer was 9.7 the acceptable threshold is 10. This is ONLY .3 under. Cement Dust Hazard: Exposure to cement dust can irritate eyes. nose, throat and the upper respiratory system. Skin contact may result in moderate irritation to thickening/cracking of skin to severe skin damage from chemical burns. Silica exposure can lead to lung injuries including silicosis and lung cancer. Cement Dust will be in the air. Lime FACT SHEET -LIME SAFETY PRECAUTIONS The safety guidelines below are general in nature. Precautions for the specific lime product used can be found in the Material Safety Data Sheet (MSDS), which is available from your lime producer or supplier. Worker Safety Lime, particularly quicklime, is an alkaline material that is reactive in the presence of moisture. Workers handling lime must be trained and wear proper protective equipment. Eye Hazards —Lime can cause severe eye irritation or burning, including permanent damage. Eye protection (chemical goggles, safety glasses and/or face shield) should be worn where there is a risk of lime exposure. Contact lenses should not be worn when working with lime products. Skin Hazards —Lime can cause irritation and burns to unprotected skin, especially in the presence of moisture. Prolonged contact with unprotected skin should be avoided. Protective gloves and clothing that fully covers arms and legs are recommended. Particular care should be exercised with quicklime because its reaction with moisture generates heat capable of causing thermal burns. Inhalation Hazards —Lime dust is irritating if inhaled. In most cases, nuisance dusts masks provide adequate protection. In high exposure situations, further respiratory protection may be appropriate, depending on the concentration and length of exposure (consult MSDS for applicable exposure limits). Product Safety Care should be taken to avoid accidental mixing of quicklime and water (in any form, including chemicals containing water of hydration) to avoid creating excessive heat. Heat released by this reaction can ignite combustible materials or cause thermal damage to property or persons. Lime dust can be removed from vehicles using rags dampened with dilute vinegar. After applying dilute vinegar, vehicles (especially chrome surfaces) must be washed with water. First Aid The Material Safety Data Sheet (MSDS) for the specific lime product should always be consulted for detailed first aid information. The following guidelines are general in nature. If skin contact occurs, brush off dry lime and then wash exposed skin with large amounts of water. If skin burns occur, administer first aid and seek medical attention, if necessary. If lime comes in contact with the eyes, they should first be flushed with large amounts of water. Seek medical attention immediately after administering first aid. For inhalation, remove exposed person to fresh air. Seek medical attention immediately after administering first aid. For further steps, consult the MSDS and follow the instructions of medical personnel. Revised: 1/22/2004 Lime is added the dust will be in the air. You have a MDS SHEET ON THIS AND YOU WANT TO PLACE IT BY HOMES! OSHA/MSHA Hazard This product is considered by OSHA/MSHA to be a hazardous chemical and hould Communication: be included in the employer's hazard communication program. CERCLA/SUPERFUND: This product is not listed as a CERCLA hazardous substance. EPCRA SARA Title III: This product has been reviewed according to the EPA Hazard Categories promulgated under Sections 311 and 312 of the Superfund Amendment and Reauthorization Act of 1986 and is considel 4 a hazarr4 health hazard. Section 2: COMPOSITION,'INFORMATION ON INGREDIENTS Component Aggregate Asphalt Cement (as Fume) Crystalline Silsca Particulate Not Otherwise Regulated Percent (By Weight) 90-95 <10 >1 CAS Number Various 8052-42-4 14808-6O-7 NA OSHA PEL -TWA clfm) NA NA ((10) / (%SiO2+2)( (R). [(30) / (%SiQ2+2)] (T) 15 (T); 5 (R) ACGIH TLV- TWA (mglim9) NA 0.5 (I) 0.025 (R) 10 (T). 3 (R) LD5, LCso NA NA NA NA NA NA NA NA Note, Asphalt pavement is a mixture of gravel or rock. sand, filler (eg. limestone or hydrated lime) and asphalt cement. It may also contain fly ash. slag. fibers (synthetic or organic). color pigment and other recycled material (eg. ceramics. plastic. glass. etc.) Properties and composition of RAP can vary depending on the original properties and composition of the recovered asphalt pavement Section 3: HAZARD IDENTIFICATION r oarit — Dust and fumes may irritate eyes.. skin and respiratory tract. Toxic - Harmful by inhalation. (Contains crystalline silica) Use proper engineering controls. work practices. and personal protective equipment. Read MASDS for details. E ,w Peatec9crr RAP vanes in size and shape. and when cold it is as solid material that is black an color. When hardened asphalt pavement is subject to mechanical forces. such as demolition or asphalt recycling, dust particles will be generated. These particles may be an eye. respiratory or skin irritant_ Hot asphalt will cause sever thermal burns. When heated. this product may release toxic hydrogen sulfide (H2S) vapors A single. short-term exposure to RAP dust presents little or no hazard. TERM IS NOT GOOD! BUT LONG 'LAFARGE MSDS: Lafarge Reclaimed Asphalt Pavement (RAP) Section 3: HAZARD IDENTIFICATION (continued) Potential Health Effects: Eye Contact: Skin Contact: Dermatitis Inhalation (acute): Inhalation (chronic): Silicosis: Carcinogenicity Autoimmune Disease Tuberculosis: Renal Disease Ingestion: Airborne dust may cause immediate or delayed irritation or inflammation. Eye contact with large amounts of RAP dust can cause moderate eye irritation and abrasion. Eye exposures require immediate first aid and medical attention to prevent significant damage to the eye. When this product is subject to high heat RAP will cause severe bums. RAP dust may cause dry skin. discomfort, irritation and dermatitis. When this product is subject to high heat RAP will cause severe burns. RAP dust. in association with sweat and friction. can lead to skin irritation and dermatitis. Skin affected by dermatitis may include symptoms such as, redness. itching. rash. scaling. and cracking. Irritant dermatitis is caused by the physical properties of RAP dust such as abrasion. When this product is heated. RAP may release irritating fumes or vapors such as smoke. carbon dioxide, carbon monoxide. unburned hydrocarbons. Hydrogen sulfide and other sulfur -containing gases can evolve from this product at elevated temperatures. Exposure to fumes or vapors may cause irritation of the nose and throat. and symptoms such as headache, dizziness. loss of coordination. and drowsiness. Cutting. crushing or grinding hardened asphalt products will release dust. Breathing dust may cause nose. throat or lung imtation, including choking. depending on the degree of exposure. Risk of injury depends on duration and level of exposure_ Medical Conditions Aggravated by Exposure: This product contains crystalline silica. Cutting. crushing or grinding hardened asphalt or other crystalline silica -bearing materials will release respirable crystalline silica. Prolonged or repeated inhalation of respirable crystalline silica from this product can cause silicosis. a seriously disabling and fatal lung disease. See Note to Physicians in Section 4 for further information RAP is not listed as a carcinogen by IARC or NIP: however. RAP contains trace amounts of crystalline silica which is classified by IARC and NTP as known human carcinogens. Some studies show that exposure to respirable crystalline silica (without silicosis) or that the disease silicosis may be associated with the increased incidence of several autoimmune disorders such as scleroderma (thickening of the skin), systemic lupus erythematosus, rheumatoid arthritis and diseases affecting the kidneys. Silicosis increases the risk of tuberculosis. Some studies show an increased incidence of chronic kidney disease and end - stage renal disease in workers exposed to respirable crystalline silica. Do not ingest RAP Although ingestion of small quantities of RAP is not known to be harmful. large quantities can cause distress to the digestive tract. However chewing asphalt has caused gastrointestinal effects. Stomach obstructions have been reported in individuals who have chewed and swallowed asphalt. Individuals with lung disease (e.g. bronchitis. emphysema, COPE). pulmonary disease) can be aggravated by exposure. Section 4: FIRST AID MEASURES Eye Contact: Skin Contact: Inhalation: Ingestion: Note to Physician: Rinse eyes thoroughly with water for at least 15 minutes. including under lids. to remove all particles. Seek medical attention for abrasions. For contact with hot product. flush with large amounts of water for at least 15 minutes. Immediately call a physician. Wash with cool water and a pH neutral soap or a mild skin detergent. Do not use solvents or thinners to remove product from skin. Seek medical attention for rash. irntat►on, and dermatitis For contact with hot product, immerse or flush skin with cold water for at least 15 minutes. Call a physician. Do not attempt to remove solidified product. since removal may cause further tissue injury. Move person to fresh air Seek medical attention for discomfort or if coughing or other symptoms do not subside. Do not induce vomiting. If conscious. have person dnnk plenty of water. Seek medical attention or contact poison control center immediately. The three types of silicosis include • Simple chronic silicosis - which results from long-term exposure (more than 20 years) to low amounts of respirable crystalline silica Nodules of chronic inflammation and scaring provoked by the respirable crystalline silica form in the lungs and chest lymph nodes. This disease may feature breathlessness and may resemble chronic obstructive pulmonary disease (COPD). • Accelerated silicosis - occurs after exposure to larger amounts of respirable crystalline silica over a shorter period of time (5-15 years). Inflammation. scarnng, and symptoms progress faster in accelerated silicosis than in simple silicosis • Acute silicosis - results from short-term exposure to very large amounts of respirable crystalline silica The lungs become very inflamed and may fill with fluid. causing severe shortness of breath and low blood oxygen levels Progressive massive fibrosis may occur in simple or accelerated silicosis. but is more common in the accelerated form. Progressive massive fibrosis results from severe scarring and leads to the destruction of normal lung structures. So if we have a fire this will be in the air Section 5: FIREFIGHTING MEASURES Flashpoint & Method: General Hazard: Extinguishing Media: Page 3 of 6 LAFARGE Asphalt Cement: > 200°C Combustible solid. Avoid breathing fumes and dust. Use extinguishing media appropnate for surrounding fire Section 6: ACCIDENTAL RELEASE MEASURES Firefighting Equipment: Combustion Products: A SCBA is recommended to limit exposures to combustion products when fighting any fire. Toxic gases produced in fire, such as CO, CO2, H2S Revised: 03/01/11 M1SDS: Lafarge Reclaimed Asphalt Pavement (RAP) General: Waste Disposal Method: Use a shovel to scrape up product and place product into suitable containers for recovery or disposal. Avoid actions that cause the RAP dust to become airborne_ Avoid inhalation of RAP dust. Avoid contact with heated product. Wear appropriate protective equipment as descnbed m Section 8. Dispose of RAP according to Federal. State. Provincial and Local regulations. Section 7: HANDLING AND STORAGE General: Usage: Housekeeping: Storage Temperature: Clothing: Handle with care and use appropnate control measures. Do not stand on stockpiles of RAP. they may be unstable. Use engineering controls (e.g. wetting stockpiles) to prevent windblown dust from stockpiles. which may cause the hazards described in Section 3. Cutting, crushing or grinding hardened asphalt or other crystalline silica -bearing materials will release respirable crystalline silica. Use all appropriate measures of dust control or suppression. and Personal Protective Equipment (PPE) described in Section 8 below Avoid contact with skin, eyes and clothing. Use additional precautions when handling hot product. Maintain employee exposure levels below established regulatory limits. Do not allow hot product to contact skin. Use all appropriate Personal Protective Equipment (PPE) described in Section 8 below. Avoid actions that cause the RAP dust to become airborne during clean-up such as dry sweeping or using compressed air. Use HEPA vacuum or thoroughly wet with water to clean-up dust. Use PPE described in Section 8 below. Store away from heat. open flames, strong oxidizers or other ignition sources Promptly remove and launder clothing that is dusty. Thoroughly wash skin after exposure to dust. Section 7: HANDLING AND STORAGE General: Usage: Housekeeping: Storage Temperature: Clothing: Handle with care and use appropriate control measures. Do not stand on stockpiles of RAP, they may be unstable. Use engineering controls (e.g. wetting stockpiles) to prevent windblown dust from stockpiles, which may cause the hazards described n Section 3. Cutting. crushing or grinding hardened asphalt or other crystalline silica -bearing materials will release respirable crystalline silica. Use all appropriate measures of dust control or suppress►on. and Personal Protective Equipment (PPE) described in Section 8 below Avoid contact with skin, eyes and clothing. Use additional precautions when handling hot product. Maintain employee exposure levels below established regulatory limits. Do not allow hot product to contact skin. Use all appropriate Personal Protective Equipment (PPE) described in Section 8 below. Avoid actions that cause the RAP dust to become airborne during dean -up such as dry sweeping or using compressed air. Use HEPA vacuum or thoroughly wet with water to clean-up dust. Use PPE described in Section 8 below. Store away from heat, open flames, strong oxidizers or other ignition sources. Promptly remove and launder clothing that is dusty. Thoroughly wash skin after exposure to dust. A study I found Virginia Department of Transportation metallic ions when introduced to acidic solutions levels of lead in the water VDOT Research Library 530 Edgemont Road Charlottesville, VA 22903 Ph: (434) 293-1959 Fax. (434) 293-1990 Library.CirculationfcuVDOT.Virginia.gov SHOULD NOT BE CLOSE TO WATER SUPPLY- This hydrogeological setting constitute the major aquifers for public water supply in Sweden, and storing RAP in this setting may therefore impose conflicts with groundwater protection and supply interests. IN THE PILES OF MATERIAL -It has been suggested that heavy metals or polycyclic aromatic hydrocarbons (PAHs) might be present in RAP and may therefore leach from it given the proper circumstances. How PAHs Affect People's Health Human health effects from environmental exposure to low levels of PAHs are unknown. Large amounts of naphthalene in air can irritate eyes and breathing passages. Workers who have been exposed to large amounts of naphthalene from skin contact with the liquid form and from breathing naphthalene vapor have developed blood and liver abnormalities. Several of the PAHs and some specific mixtures of PAHs are considered to be cancer -causing chemicals. IIN THE PILES OF MATERIAL -organic compounds or heavy metals. A second environmental concern is that RAP used a fill material could potentially leach off contaminants when rainfall infiltrates the waste (unsaturated condition) or when used as fill below the water table (saturated condition). Heavy metals are naturally occurring elements that have a high atomic weight and a density at least 5 times greater than that of water. Their multiple industrial, domestic, agricultural, medical and technological applications have led to their wide distribution in the environment; raising concerns over their potential effects on human health and the environment. Their toxicity depends on several factors including the dose, route of exposure, and chemical species, as well as the age, gender, genetics, and nutritional status of exposed individuals. Because of their high degree of toxicity, arsenic, cadmium, chromium, lead, and mercury rank among the priority metals that are of public health significance. These metallic elements are considered systemic toxicants that are known to induce multiple organ damage, even at lower levels of exposure. They are also classified as human carcinogens (known or probable) according to the U.S. Environmental Protection Agency, and the International Agency for Research on Cancer. This review provides an analysis of their environmental occurrence, production and use, potential IN THE PILES OF MATERIAL -. The primary chemicals investigated were volatile organic compounds (VOCs), polycyclic aromatic hydrocarbons (PAHs), and heavy metals. Ozone has been a difficult pollutant to control. because it is not emitted into the air. but actually formed in the atmosphere through a photochemical process. It is in this process that VOCs play a significant role. VOCs in the air react with oxides of nitrogen in the presence of sunlight to form ozone. How PAHs Affect People's Health Human health effects from environmental exposure to low levels of PAHs are unknown. Large amounts of naphthalene in air can irritate eyes and breathing passages. Workers who have been exposed to large amounts of naphthalene from skin contact with the liquid form and from breathing naphthalene vapor have developed blood and liver abnormalities. Several of the PAHs and some specific mixtures of PAHs are considered to be cancer -causing chemicals. IN THE PILES OF MATERIAL -Heavy metals are sometimes encountered. The literature indicated the presence of chromium, lead, and barium; Lead poisoning occurs when lead builds up in the body. often over months or years. Even small amounts of lead can cause serious health problems. Major factors governing the toxicity of chromium compounds are oxidation state and solubility. Cr(VI) compounds, which are powerful oxidizing agents and thus tend to be irritating and corrosive, appear to be much more toxic systemically than Cr(III) compounds, given similar amounts and solubilities. Although mechanisms of biological interaction are uncertain, this variation in toxicity may be related to the ease with which Cr(VI) can pass through cell membranes and its subsequent intracellular reduction to reactive intermediates. Occupational exposures often include mixed exposure to both Cr(III) and Cr(VI) [EPA 1998]. Human occupational experience clearly indicates that, when inhaled, chromium compounds are respiratory tract irritants, resulting in airway irritation, airway obstruction, and lung, nasal, or sinus cancer. Dose, exposure duration, and the specific compound involved can determine chromium's adverse health effects. Pulmonary irritant effects following inhalation of chromium dust can include • asthma, • chronic bronchitis, • chronic irritation, • chronic pharyngitis, • chronic rhinitis, • congestion and hyperemia, • polyps of the upper respiratory tract, • tracheobronchitis, and • ulceration of the nasal mucosa with possible septal perforation [Lindberg and Hedenstierna 1983; Dayan and Paine 2001]. Radiographic analysis from several reports revealed enlargement of the hilar region and lymph nodes [PHS 1953; Sluis-Cremer and du Toit 1968]. Consistent associations have been found between employment in the chromium industries and significant risk for respiratory cancer (see Carcinogenic Effects) . Health effects of barium The amount of barium that is detected in food and water usually is not high enough to become a health concern. People with the greatest risk to barium exposure with additional health effects are those that work in the barium industry. Most of the health risks that they can undergo are caused by breathing in air that contains barium sulphate or barium carbonate. Many hazardous waste sites contain certain amounts of barium. People that live near them may be exposed to harmful levels. The exposure will than be caused by breathing dust. eating soil or plants. or drinking water that is polluted with barium. Skin contact may also occur. The health effects of barium depend upon the water -solubility of the compounds. Barium compounds that dissolve in water can be harmful to human health. The uptake of very large amounts of barium that are water-soluble may cause paralyses and in some cases even death. Small amounts of water-soluble barium may cause a person to experience breathing difficulties, increased blood pressures. heart rhythm changes. stomach irritation. muscle weakness. changes in nerve reflexes, swelling of brains and liver. kidney and heart damage. Barium has not shown to cause cancer with humans. There is no proof that barium can cause infertility or birth defects. Read more: https://www.lenntech.com/periodic/elements/ba.htm#ixzz4xVBZZwsY IN THE PILES OF MATERIAL -In RAP from older roadways, lead was detected in amounts slightly above the primary drinking water standard (15 mu g/L), IN THE PILES OF MATERIAL -Considering the environmental aspects, outdoor leaching tests showed that IBA had a high level of daphnia toxicity. Acute toxicity and environmental risk of teflubenzuron to Daphnia magna, Poecilia reticulate and Lemna minor in the absence and presence of sediment. Medeiros LS', Souza JP, Winkaler EU, Carraschi SP, Cruz C, Souza -Junior SC, Machado-Neto JG. Author information Abstract This study aimed to estimate the acute toxicity of teflubenzuron (1-(3,5-dichloro-2,4-difluorophenyl)- 3-(2,6-difluorobenzoyl)urea) (TFB) for Daphnia magna, Lemna minor and Poecilia reticulata. in the absence and presence of sediment: evaluate the effect of sediment on the TFB bioavailability: and to classify this insecticide according to its environmental poisoning risk for agricultural and aquaculture uses. The tests of TFB acute toxicity were conducted in static system in a completely randomized design with increasing TFB concentrations, and a control group. The TFB has been classified according to the estimated values of EC50 and LC50 by its acute toxicity and environmental risk. The sediment significantly reduced toxicity and bioavailability of TFB in water column. Therefore, the insecticide can be classified as being highly toxic to Daphnia magna. which means the agricultural and aquacultural uses of TFB pose a high risk of environmental toxicity to non -target organisms. However, it was practically non-toxic to L. minor and P. reticulata. DO YOU WANT THIS AS YOUR NEIGHBOOR- Hexavalent chromium is a well known Group A human carcinogen. Crystalline silica See also OSHA fact sheet What are the hazards of crystalline silica? The serious health hazards associated with silica dust exposure are shown by the fatalities and disabling illnesses that result. • Many fatalities and disabling illnesses are seen in the sandhlasting and rock drilling industries due to silica dust exposure. • Inhaling crystalline silica dust can cause the lung disease Silicosis. • When inhaled, respirable silica dust enters the lungs and causes the formation of scar tissue, which reduces the lungs' ability to take in oxygen. Since silicosis affects lung function, it makes the person more susceptible to lung infections like tuberculosis. • Crystalline silica has been classified as a human lung carcinogen. Silicosis (previously miner's phthisis, grinder's asthma, potter`s rot and other occupation -related names) is a form of occupational lung disease caused by inhalation of crystalline silica dust, and is marked by inflammation and scarring in the form of nodular lesions in the upper lobes of the lungs. Fibrotic diseases — damage/destroy lung tissue: — Coal workers' pneumoconiosis (CWP) — Silicosis • Airflow diseases (COPD) — block movement of air in and out of lungs: — Bronchitis — Emphysema — Mineral dust airway disease Fibrotic Lung Diseases in Miners Silicosis and CWP: — Similar patterns on chest x-ray — Simple and complicated forms of disease — Complicated is progressive massive fibrosis (PMF) — Smoking does not cause these diseases — International Labour Office (ILO) standards used to determine severity — Cannot be cured, so prevention is the key Pneumoconiosis • Chronic lung disease resulting from inhalation of respirable dust • Dust deposits in the lungs, damages lung tissue, and causes scarring • Disease development typically takes over 10 years of dust exposure • Silicosis results from inhalation of respirable silica dust • Coal workers' pneumoconiosis (black lung disease) results from inhalation of respirable coal dust Simple Pneumoconiosis • Initially worker may not have any symptoms • As disease progresses, symptoms appear: — Coughing — Wheezing — Shortness of breath (especially during exercise) • Disease can advance to PMF Simple Silicosis Complicated Pneumoconiosis • Progressive massive fibrosis (PMF) • Fibrous tissue develops in lungs • Lungs become stiff and cannot expand fully • Breathing becomes difficult • Lips and fingernails may have bluish tinge • Fluid retention and signs of heart failure Progressive Massive Fibrosis Exposure to Respirable Crystalline Silica • Silica more toxic than coal and is regulated to 1/20th the level of coal dust • Freshly fractured silica more toxic than aged silica • Smaller particles are more problematic • Consequences of overexposure: — Silicosis — Airways diseases — Pulmonary tuberculosis — Chronic renal disease — Lung cancer (silica classified as a carcinogen) Silicosis Classifications • Chronic: — Occurs after 10 or more years of exposure — Swelling in lungs — Troubled breathing similar to COPD • Accelerated: — Develops in 5 to 10 years — Symptoms occur faster than in chronic silicosis • Acute: — Develops in less than 5 years — Lungs become inflamed and fill with fluid — Severe shortness of breath and low blood oxygen No medication can reverse damage from dust • Treatment directed at reducing symptoms and prevention of complications: — Vaccines against flu and pneumonia — Antibiotics for infections and congestion — Bronchodilators for airway spasm — Oxygen supplementation — Treatment for heart failure • Lung/heart transplant as last resort Tisa Juanicorena From: Sent: To: Cc: Subject: Kim Ogle Monday, November 06, 2017 9:17 AM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: batch plant From: Jim Banovsky [mailto:jimb062448@gmail.com] Sent: Monday, November 6, 2017 8:54 AM To: Kim Ogle <kogle@weldgov.com> Subject: batch plant Kim, my wife Vicki and I were planning on attending this morning's meeting but had to change our plans. We wanted to voice our strong opposition to the expansion of the batch plant on several grounds. We live in the new Bridle Hill area and are concerned about the adverse effects of such an expansion on our growing community. Immediate and long- term environmental effects on air quality from dust and other pollutants would have to be addressed to our satisfaction. Noise pollution would be another consideration. Moreover, a vast increase in heavy truck traffic on 14 and 257 would, in our opinion, would be deleterious to safe road travel. There seems to be more than enough large vehicle travel on these 2 lane roads. Even with the addition of turn lanes, we don't feel that that would be enough to handle many dozens of extra heavily loaded truck trips per day. If indeed the plant would be erected for the improvement of route 85, then, to us, it would make more more sense to construct a plant closer to the route itself. Thank you, Jim and Vicki Banovsky Date: 1 Nov 2017 To: Weld County Commissioners: Regarding: Proposed Simon Cement Proposal Sirs and Madams: There are multiple issues regarding this planned cement plant. RECEIVED NOV 0 6 2017 WELD COUNTY COMMISSIONERS The area surrounding this project is currently a mixture of commercial farming, small ranches, and residential areas. The traffic, noise, lights, and emissions are not consistent with this mix. Fort Collins, Timnath, Severance, and even Windsor are all growing rapidly and will likely include thius location. Property values will plummet with this type of business in this location. It will be a huge eye sore for one of the primary entrances to this area. Highway 257 is already crowded and overused. There are frequent potholes and rutting of the road. This proposal will more than double the volume of traffic in this area. Wear and tear on the road will be significant. Increased accidents are nearly guaranteed at 65mph. Thank you for your attention to these issues. Richard Johnson Amelia Johnson JUU.V((L�--J(��r vraco Cu joss n POr 6 g6 a TO. C Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Please add to file Kim Ogle Monday, November 06, 2017 9:52 AM Tisa Juanicorena; Esther Gesick Johnson, Anne FW: USR17-0043 Opposition from Weld County Resident for Simon Constructors, Ind Asphalt.docx Original Message From: Catherine Davis[mailto:catherine.davis1225@gmail.com] Sent: Monday, November 6, 2017 9:49 AM To: Kim Ogle <kogle@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com> Subject: USR17-0043 Opposition from Weld County Resident for Simon Constructors, Ind Dear Kim and Esther, Attached is a letter to the County of Commissioners to request that Simon Constructors, INC., NOT be granted a permission to build a permanent asphalt and concrete batch plant in Weld County at Hwy 257 and CR 80.5. Thank you very much, Catherine Davis 1 0 507 Ventana Way Windsor, CO 80550 November 3. 2017 Weld County Commissioners c/o Esther Gesick Clerk to the Board 1150 O Street P.O. Box 7581 Greeley, CO 80632 Dear Weld County Commissioners, I am writing to you to voice my strong opposition to the potential permanent approval by Simon Constructors, Inc. of a permanent asphalt concrete plant in Weld County. I did want you to be aware of another issue that is affecting our agriculture and home owners in our Windsor District which is the building of a permanent Asphalt and concrete plant on Hwy 257 and County Road 80.5 There was an informational meeting held this Monday as a vote to approve it will go to the Weld County Commissioners on Monday, November 6 without any input from the Town of Windsor Board/Mayor. This is being developed by Simon Contractors. When questioned why they did not want to go to the Windsor Industrial Park for this business, they did not have much of an answer other than this site is closer to the interstate. The current site that they were granted temporary occupancy (special use by exemption?) by the Weld County Commissioners is zoned agriculture with industrial use. The meeting was standing room only at the Windsor -Severance Firehouse and many concerns regarding traffic and safety were outlined as well as the fact that this plant can operate near a residential area with up to 80 decibels of noise without shielding like the frackers do. Currently, they do not have approval from Poudre Valley REA to tap into the power grid and will be adding diesel generators (increased noise pollution) to operate. More troubling is their use of the pristine ditch water for asphalt that will be let back to leach into the ground or be returned to the ditch for downstream use after minimal requirements are met for asphalt concrete mixtures. The ranchers, farmers and neighbors were appalled that they also want to add a 2" water tap that will significantly reduce their water pressure that is available to them. They estimate that they will use 20,000 gallons per day. Ultrafine particles (UFPs) are particulate matter of nanoscale size (less than 100 nanometers in diameter). Regulations do not exist for this size class of ambient air pollution particles, which are far smaller than the regulated PM 10 and PM2.5 particle classes and are believed to have several more aggressive health implications than those classes of larger particulates. The main exposure to UFPs is through inhalation. Due to their size, UFPs are considered to be respirable particles. Contrary to the k behavior of inhaled PMio and PM2 5, ultrafine particles are deposited in the lungs.' where they have the ability to penetrate tissue and undergo internalization or to be absorbed directly into the bloodstream — and therefore are not easily removed from the body and may have immediate effect.2 Exposure to UFPs, even if components are not very toxic, may cause oxidative stress 2; inflammatory mediator release, and could induce heart disease, lung disease, and other systemic effects.4 5 6 The exact mechanism through which UFP exposure leads to health effects remains to be elucidated. but effects on blood pressure can play a role. It has recently been reported that UFP is associated with an increase in blood pressure in schoolchildren with the smallest particles inducing the largest effect.' Last, their traffic study, completed in July this year, estimated 500 semi -truck trips during the working day which rounds out to about one semi turning every 1.5 minutes without adding traffic lights. Due to traffic warrant set by CDOT, the developers won't add traffic lights until mandated to do so Many Windsor citizens expressed concern about the current use of Jake brakes and the company's lack of following their own guidelines for traffic patterns on CR 80.5 as they want to avoid the traffic lights at 257 - Mulberry. Simon Contractors, Inc., were not aware of this violation of their own. current standards and it concerns me that if this temporary organization becomes permanent, they have demonstrated a sincere disregard for traffic safety. Last, when all of the representatives of Simon Contractors. Inc., were asked if they had or wanted as asphalt plant like theirs within 1 mile of their current homes, all cast their eyes to the floor and did not answer. I would ask the Weld County Commissioners to not approve this permanent building sites and direct them to look at the Windsor Industrial Park and/or a site that is adjacent to 1-25 as many current asphalt and concrete plants are located there. Sincerely, 049)4 044--tr Catherine C. Davis, Ph. D. 1. Int Panis. L. et at (2010). "Exposure to particulate matter in traffic: A comparison of cyclists and car passengers". Atmospheric Environment. 44: 2263-2270. doi:10.1016/j.atmosenv.2010.04.028 2. V. Howard (2009). "Statement of Evidence. Particulate Emissions and Health (An Bord Plenala. on Proposed Ringaskiddy Waste -to -Energy Facility) " (PDF). Durham Environment Watch. 3. Brook RD: et al. (2010). "AHA Scientific Statement: Particulate Matter Air Pollution and Cardiovascular Disease". Circulation. 121: 2331-2378. PMID 20458016. doi: 10.1161/CIR.0b013e3181dbecel. 4. J. Card; et al. (2008). "Pulmonary Applications and Toxicity of Engineered Nanoparticles". American Journal of Physiology. Lung Cellular and Molecular Physiology. 295 (3): L400. PMC 2536798 2. PMID 18641236. doi:10 1152/ajplung.00041.2008. 5. L. Calderon-Garciduenas: et al. (2008). "Long -Term Air Pollution Exposure is Associated with Neuroinflammation, an Altered Innate Immune Response, Disruption of the Blood -Brain Barrier, Ultrafine Particulate Deposition, and Accumulation of Amyloid B-42 and A-Synuclein in Children and Young Adults". Toxicologic Pathology. 36 (2): 289-310. PMID 18349428. doi:10.1177/0192623307313011. 77/01 9262330731 301 1. 6. Jacobs. L (Oct 2010). "Subclinical responses in healthy cyclists briefly exposed to traffic -related air pollution". Environmental Health. 9 (64). PMC 2984475 3. PMID 20973949. doi:10.1186/1476-069X-9-64. 4 r► 7. Pieters. N: Koppen, G. Van Poppel. M; De Prins. S, Cox. B. Dons, E. Nelen. V. Int Panis. L: Plusquin. M; Schoeters, G. Nawrot, TS (March 2015). "Blood Pressure and Same -Day Exposure to Air Pollution at School: Associations with Nano -Sized to Coarse PM in Children.". Environmental Health Perspectives. 123: 737-42. PMC 4492263a. PMID 25756964. doi:10.1289/ehp.1408121 Photographs of Plant at WCR 80.5 and Hwy 257 o m. • • etIt sakes- . Cr**els..4110.11.1 SPECIAL REVIEW PERMIT (USR17-0043) - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. PAGE 6 - DRAFT adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 31 acres of Irrigated Land not Prime, per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has historically been utilized for hay production and currently there is no irrigation on the property. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240. Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Cactus Hill Ranch Company, c/o Simon Contractors, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR17-0043, for Mineral Resource Development including Asphalt and Concrete Batch Plants, materials processing (crushing and screening), material stock piles, an office. a shop, and outdoor truck and employee parking in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is. granted subject to the following conditions: 1. Prior to recording the USR Map: A. The applicant shall provide the Department of Public Works with an application for an Access Permit for the number of access(es) approved by the Board of County Commissioners and place the Access Permit Number, on the USR map. B. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F, which states in part, that. "any lighting shall be designed. located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." The applicant shall submit an updated Landscape/Screening Plan to the Department of Planning Services for review and approval. The equipment parking area, the employee parking area and areas utilized for outdoor storage shall be screened from adjacent properties and public rights -of - way. D. The applicant shall submit a Parking Plan showing a minimum of 35 parking spaces for the employees, including site personnel and truck drivers. EXHIBIT Q I 2017-3503 PL2503 SPECIAL REVIEW PERMIT (USR17-0043) - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. PAGE 7 - DRAFT Additional spaces shall be shown for the on -site equipment and for vendors who may visit the site. E. The applicant shall submit `o the Department of Planning Services a copy of an agreement with the owner of any ditch Larimer County Canal/Water Supply & Storage Company- located on or ad acent to the site. OR shall provide written evidence than an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have been adequately incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. ny that the canal will accept overland flows of water from the property into the canal. Evidence sia be submittec. in writing. on company etteriead. to tie We c County Department of Planning Services. F An Improvements and Road Maintenance Agreement is required for off - site improvements at this location. Road maintenance including, but not limited to, dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. G A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. H. The applicant shall submit evidence from the Poudre REA that the proposed improvements will not impact their ability to service the existing electric line adjacent to County Road 80.5. Written evidence shall be submitted on company letterhead, to the Weld County Department of Planning Services. The applicant shall submit evidence from the Colorado Department of Transportation that the concerns and issues in the referral response dated September 14, 2017, have been addressed to their satisfaction. Written evidence shall be submitted on company letterhead, to the Weld County Department of Planning Services. J. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR17-0043. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 2017-3503 PL2503 Formatted: Font: Not Italic DRAFT SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. USR17-0043 1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0043, is for Mineral Resource Development Facilities including Asphalt and Concrete Batch Plants, materials processing (crushing and screening) material stockpiles, an office, a shop, and outdoor truck and employee parking in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The normal hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Saturday, for the site office and is unrestricted in the case of public or private emergency or to make necessary repairs to equipment. 4. The hours of operation for Simon Constructors shall be the following: A. Hours of Operation for Asphalt: 1) The plant will typically only operate Monday through Saturday. 2) The standard hours of plant operation will be limited to one hour before sunrise to one hour after sunset. 3) Load -out from storage silos will be limited to one hour before sunrise to one hour after sunset. 4) When the plant is operating at night, it will only occur when material is requested by cities, counties, CDOT, for night paving projects. Operations will be considered "night operations," when they take place between the hours of one hour after sundown to one hour before sunrise. Depending on the request of the jurisdiction purchasing the asphalt, night operations could occur seven days per week. When Simon Constructors becomes aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. B. Hours of Operation for Ready Mix Concrete: 1) The Ready Mix Concrete Plant will only operate Monday through Saturday. 2) The standard hours of plant operation will be limited to one hour before sunrise to one hour after sunset. 2017-3503 PL2503 DEVELOPMENT STANDARDS (USR17-0043) - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. PAGE 2 - DRAFT 3) 4) Ready Mix trucks will generally operate during plant operations, but may return to the plant after plant shutdown to be cleaned and parked. '.11: ' 11 1 J ' !' requested b4 _ �1(�1r;�' _ :1t private Con s : 1{ _ ; it!! I our protect[. 1 era?,...! is will be :,sI i r►ra. 1• p€::•( -A: oiace LHY.WEteri the hours of one hour after sundow. DP el:-,(, I; 1 ' i .. , take 1}efTJre th4- it 1l i` !. :. _' " _...I' ; . !-!'= - „ti• vtiare -'L _ �1� tha: -Jril e'iidt r _ ��. IV PL.! _pans t^ :merEtF outside) of davlloht hours. 1rity Y.% a� ►er trio a iaterral: - . C. Hours of Operation for Aggregate and Recycling tl e • 1) Aggregate recycling operations will only occur Monday through Saturday. 2) Aggregate washing and recycling operations will only occur during daylight hours (dawn to dusk or 6:30 a.m. to 6:00 p.m. during the winter); actual operating hours will vary dependent on weather and business levels. 5. The number of on -site employees for Simon Constructors shall be 35 full-time employees and 17 truck drivers, as stated by the applicant. 6. The parking area on the site shall be maintained. 7 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8. The landscaping/screening on the site shall be maintained. 9. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 2017-3503 PL2503 Esther Gesick From: Sent: To: Cc: Subject: Another Letter Kim Ogle Monday, November 6, 2017 12:29 PM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: USR17-0043 From: Terry Lear[mailto:breezyhill10132@gmail.com] Sent: Monday, November 6, 2017 9:58 AM To: Kim Ogle <kogle@weldgov.com> Subject: USR17-0043 Ms Ogle, We do not want this temporary asphalt plant expanded into a permanent plant. We see it as a TERRIBLE accident just waiting to happen! The traffic already is terrible on Hwy 14 and 257 with oil trucks, can't imagine how much worse it will get. Also not happy to hear about the emissions into the air without any study. There are a number of dairies and feedlots in the area already, but living in the country these we expect and can deal with these farming activities. Not with this plant! ! ! Also why were we not notified of this plants coming into the area BEFORE it opened? Little sneaky huh? Anymore we think this is how government works, put it in and let the populous know after the fact. Hopefully, folks will just forget and let it go. Sincerely, Terry and Al Lear Esther Gesick From: Sent: To: Cc: Subject: Please add to file Kim Ogle Monday, November 6, 2017 2:13 PM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: permanent batch plant Original Message From: Richard Smith [mailto:rcsmith@skybeam.com] Sent: Monday, November 6, 2017 1:23 PM To: Kim Ogle <kogle@weldgov.com> Cc: Rick/Carol Smith <resmith@skybeam.com> Subject: permanent batch plant Mr. Ogle and Weld County Government, This is a mistake to make the plant a permanent batch plant where it is. It needs to be closer to the location of where the source of the material to make all the product is located. It not only makes more traffic bringing all the material to make their product it then has to trucked out. This is just too much traffic on the roads and highways along with all the oil production. I would bet that soon there is going to be a terrible vehicle accident with all this traffic converging on the intersection with all the coming and going an when these road start to fail it's us residents that will have take the brunt of rebuilding this inter structure back. The other points made on the card are a very important points. Before this happens there needs some emissions, noise on the environment, and air admission for the people living around this. It's all up to Weld County Government to do what the people want not what the Government wants. IT'S IN YOUR HANDS AND JUDGEMENTS. Thank you Richard and Carol Smith 41440 Weld County Road 15 1 Esther Gesick From: Sent: To: Cc: Subject: Another Letter to the File Kim Ogle Monday, November 6, 2017 2:28 PM Esther Gesick; Tisa Juanicorena Johnson, Anne FW: USR17-0043 From: jim schmidtbauer [mailto:ifs4753@gmail.com] Sent: Monday, November 6, 2017 2:15 PM To: Kim Ogle <kogle@weldgov.com> Subject: USR17-0043 We have major concerns about the asphalt plant on Hwy 257 and WCR 80.5 and truly hope the Weld County Commissioners do not grant this special use. We are located on Hwy 14 and Weld County Road 15 and have noticed a dramatic increase in the truck traffic coming from WCR 15 from the North. It seems that WCR 15 has become an unofficial truck route to Hwy 14. We don't feel that this has been the intention of the County Commissioners and are hopeful that they will consider this in making their decisions. Approving this special use permit will only continue to increase truck traffic. We have lived in our location for 25+ years and have appreciated the agricultural nature of our neighborhood. Approving these types of special use doesn't support agriculture, and the quiet, low traffic and neighborhood feel of this area. We much prefer tractors and farm equipment on the roads rather than all these trucks. There is also much activity at the oil well right across the highway from this location. Because of that, we hope you will also conclude that this is just too much in this part of our neighborhood. Other major concerns are the noise and pollution that we are already seeing at this site now. Thank you for allowing our voice in this issue and we are very hopeful that you will not approve this special use permit Jan and Jim Schmidtbauer 970-482-3332 EXHIBIT U5� 17"OO�t NG L 3 I 7 Cycc&ttir Pca-K ��r TC41 fi c/ .3o 404- I2:cc}Pvi r),r1. tLC&rr 77'uccY5 O1 L L1.! 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I, on behalf of my neighbors, would like to voice my disapproval to the board. The environmental concerns alone is enough that the board should not have approved it. Further, the increase in truck traffic will be a huge determinant to those living in the area. Traffic is getting worse by the day and increasing the truck traffic will make it beyond difficult to get around. It's truly disheartening to see decisions being made that do not take into consideration the well being of Weld County residents. I strongly urge the board to reconsider. Thank you, Corey 1 Particulate Matter (PM) .Ye. Sion IMUf •Irn4anOwwa PM is a complex mixture of extremely small particles and liquid droplets. Chemically it comprises a number of components including acids (such as nitrates and sulfates), organic compounds (OC), elemental carbon (EC), transition metals, soil, fugitive dust and sea -spray. 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