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Home My WebLink About20183356.tiff RESOLUTION RE: APPROVE REQUEST TO MODIFY CONDITION OF APPROVAL #1.G OF USE BY SPECIAL REVIEW PERMIT, USR17-0043 - CACTUS HILL RANCH COMPANY, CIO SIMON CONTRACTORS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on February 5, 2018, the Board of County Commissioners approved the application of Cactus Hill Ranch Company, c/o Simon Contractors, Inc., P.O. Box 691, Windsor, CO 80550, 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 following described real estate, being more particularly described as follows: Part of the W1/2 of Section 16, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, Condition of Approval #1.G was approved, to read as follows: "1.G. An Improvements and Road Maintenance Agreement is required for off-site improvements at this location. Road maintenance including, but not limited to, specified traffic improvements, dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. Also included in the Road Maintenance Agreement is a timeline for the submittal of construction drawings and for the construction of the off-site roadway improvements that shall be completed by October 31, 2018." WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Departments of Planning Services and Public Works and, having been fully informed, finds Condition of Approval #1.G shall be amended to read as follows: "1.G. An Improvements and Road Maintenance Agreement is required for off-site improvements at this location. Road maintenance including, but not limited to, specified traffic improvements, dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. Also included in the Road Maintenance Agreement is a timeline for the submittal of construction drawings and for the construction of the off-site roadway improvements that shall be completed by October 31, 2019." Gc: PLCKOITP). PWCF-I(3), £H((3F), GAtrl-t), C�.PPL /aPPL REP a/ iaiig 2018-3356 PL2503 RECONSIDER CONDITION OF APPROVAL FOR USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. PAGE 2 WHEREAS, the Board of County Commissioners heard further testimony "The applicant shall not operate the Asphalt and Ready-Mix plants commercially until the off-site improvements to County Road 80.5 and State Highway 257 are complete, with the exception of operations to supply their own (Simon Contractors, Inc.) materials for off-site improvements. Additionally, the applicant intends to construct on-site improvements, such as the water quality features and berms (which will be seeded to mitigate erosion, as required), internal grading, drainage and erosion control work." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Condition of Approval #1.G for Use by Special Review Permit, USR17-0043, on the hereinabove described parcel of land be, and hereby is, amended as stated above. BE IT FURTHER RESOLVED by the Board that the language stated above for Use by Special Review Permit, USR17-0043 on the hereinabove described parcel of land be, and hereby is, added to the improvements agreement. BE IT FURTHER RESOLVED that all other Conditions of Approval included in Resolution #2017-3503, approved on February 5, 2018, remain in full force and effect. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: thaw%) Steve Moreno, Chair Weld County Clerk to the Board arbara Kirkmeyer, P -Tem BY putt' Clerk tot e Board .ct&k, 114,"/ can P. Conway �/ ) APP RM: _ - /( 1:12,61, ,. `)\, ie A. Cozad fr A, 0 "`' '� n .Count ttorney , , *4fi ______�_ 40 Mike Freeman Date of signature: \1-M-11 2018-3356 PL2503 1861 MEMORANDUM unt To: Board of County Commissioners From: Kim Ogle, Planning Services UG 0_O-1 Y Dawn Anderson, Public Works Subject: Request for Consideration to modify Condition of Approval 1.G Date: September 24, 2018 The Department of Planning Services received a letter dated July 5, 2018 from Anne Best Johnson with Tetra Tech, Longmont office, the representative for Simon Contractors requesting a modification to Condition of Approval 1.G that addresses the Improvements and Road Maintenance Agreement for off-site improvements associated with the Simon Contractors, Inc. Asphalt and Concrete Batch Plant facility, USR17-0043 approved by the Board of County Commissioners on February 5, 2018. Condition of Approval 1.G states: "An Improvements and Road Maintenance Agreement is required for off-site improvements at this location. Road maintenance including, but not limited to, specified traffic improvements, dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. Also included in the Road Maintenance Agreement is a timeline for the submittal of construction drawings and for the construction of the off-site roadway improvements that shall be completed by October 31, 2018." Simon is requesting this extension due to two lawsuits. The first lawsuit, Case Number 2018CV030196 is an appeal of the USR granted by the Board of County Commissioners. The second case is 2018CV030402 which is a declaratory judgement action in which Simon Contactors and Cactus Hill are the Plaintiffs and The Water Supply and Storage Company is the Defendant. This case involves the crossing of the Larimer County Canal owned by The Water Supply and Storage Company. Simon Contractors state it does not make economic sense to proceed with the road construction improvements prior to the favorable resolution of the two pending court cases. Simon further states that any timeline in reference to each lawsuit would be speculative. After discussions with Weld County Planning Services and Public Works departments Tetra Tech, Anne Best Johnson, submitted a memorandum letter dated September 11, 2018 to supplement the original request for a one (1) year extension to Condition of approval 1.G. With the uncertainty of timeline due to lawsuits, Simon proposes that completion of the off-site improvements be tied to Asphalt and Ready-Mix plant commercial operation instead of a definitive one (1) year extension request. The proposal is based on the following conditions. • Simon agrees to not operate the Asphalt and Ready-Mix plants commercially until the off-site improvements to County Road 80.5 and State Highway 257 are complete. Current operations of the plant will end in November 2018. Simon does request an exception which SERVICE,TEAMWORK,INTEGRITY,QUALITY 2018-3356 1O122 P L 2 503 is that they can operate the plants to supply their own material for the off-site improvements. Although the plants will remain idle and not operate during this time there will be on-site improvements being completed. Specifically, Simon intends to construct the water quality features and start building berms. The water quality features and berms will be seeded to mitigate erosion as required. Internal grading, drainage and erosion control work will be performed during this time. Weld County Public Works Department has reviewed the Simon request and is able to support the requested extension as proposed as a condition to the USR, however staff would request that the Improvement Agreement state a definitive date as October 31, 2019 as the deadline for completion of the off-site improvements. SERVICE,TEAMWORK,INTEGRITY,QUALITY TETRA TECH M E M O To: Weld County Planning and Public Works: Tom Parko, Kim Ogle, Jay McDonald, Elizabeth Relford, Dawn Anderson Cc: Brett Baker, John Pinello, Rod Havens, Ken Lind, Dave Rau, Mike Saxton From: Anne Best Johnson Date: September 11, 2018 Subject: USR17-0043 The purpose of this memo is to supplement the request made on July 5, 2018 to extend the date associated with Condition of Approval 1G to October 31, 2019 under the following conditions: • The Simon Asphalt and Ready-Mix Plants will not operate commercially until the improvements to WCR 80.5 and SH 257 are made. The exception to this is that the facility can operate so that Simon can provide their own materials for the improvements. o As such,we request that the deadline of October 31, 2019 be removed however, if needed,we will leave the date on for the Improvements Agreement purposes. • After the Grading Permit is issued, Simon intends to construct the water quality features and start building the berms. The water quality features and berms will be seeded to mitigate erosion. This is on-site work will take place while the plants are idle. Internal grading, drainage and erosion control work will be performed. • Coordination of utility design and engineering north of WCR 80.5 will also continue. The following Conditions of Approval have been met: • 1A: Permanent Access Permit has been approved, February 2018 • 1 B: Lighting Plan has been approved, February 2018 • 1 C: Landscaping/Screening Plan has been approved, February 2018 • 1D: Dust Abatement Plan has been approved, March 2018 • 1E: Parking Plan has been approved, February 2018 • 1F: Recorded Drainage License Agreement has been provided to the County, March 2018 • 1I: Evidence from Poudre Valley REA has been provided to the County, December 2017 • 1J: Evidence from CDOT regarding satisfaction of items listed in their September 14, 2017 referral has been provided to the County, provided December 2017 • 2: The plat shall be recorded within 120-days from the date of the Board of County Commissioners Resolution. The Resolution is dated February 5,2018. Therefore, 120-days from February 5 was June 5, 2018. Simon Contractors assumed the County review of 1H and 1K would delay the recording of the plat and therefore paid the $50.00 fee to extend the recording date another 120-days to October 3, 2018. Depending on the length of time required for County Staff to review materials for Conditions of Approval 1G, 1H and 1K, another extension may be warranted. The following Conditions of Approval have been under review by Weld County: • 1G: Improvements and Road Maintenance Agreement has been drafted and provided to Weld County. This will be finalized once the date associated with the request outlined in this memo has been finalized. o The 30%design for the improvements on SH257 and WCR 80.5 was submitted to CDOT and Weld County on May 4, 2018. Comments were received by Weld County on July 8, 2018. o The 90%design for the improvements on SH257 and WCR 80.5 was submitted to CDOT and Weld County on August 17, 2018. Tetra Tech 1560 Broadway, Suite 1400, Denver, CO 80202 Tel 303-825-5999 Fax 303-825-0642 tetratech.com • 1K: The USR Plat/Map set is under review by County staff. It was submitted to County staff for review on February 19, March 2, April 10 and May 14. To date, we have not received comments regarding the USR Plat and have been told that comments will be released once Public Works has provided their redlines to the Grading Plans. • 1H: Final Drainage Report and Certification of Compliance have been submitted several times along with a request for an early release of the Grading Permit. Details of the review process is as follows: o The first submittal of the Final Drainage Report and Certification of Compliance was made on August 10, 2017. o Subsequent submittals were made on the following dates during the hearing and review processes: • September 28, 2017 • October 9, 2017 • December 22, 2017 o On February 21, 2018 Tetra Tech received the first round of written comments from Weld County Public Works. o Subsequent submittals were made on: • March 2, 2018 • March 22, 2018 • April 9, 2018 • April 23, 2018 o On May 4,Tetra Tech and Simon representatives met with Weld County representatives to discuss the option for an early release of the Grading Permit to allow the construction of the detention ponds. • Weld County indicated that Simon needed to decide which option for drainage conveyance would be pursued as the two options presented in the report would not be approved. The County indicated only one option for drainage conveyance would be approved. • Weld County indicated the early release of the Grading Permit would be considered with submittal of the revised Drainage Plan. o On May 7, 2018 Tetra Tech received written comments from Weld County Public Works. o Another submittal was made on May 14,2018. Written comments were received from Weld County on June 14, 2018. o Another submittal was made on June 29, 2018. • Oral comments were received from Weld County on July 17, 2018. These comments indicated that two separate reports, one report for each option, are to be provided to Weld County Public Works for review along with an interim plan in both reports. • Written comments were received from Weld County on July 26. The latest written comments contained a substantial amount of revisions to include an interim condition. In addition, two separate reports containing the interim condition are now requested. Tetra Tech has included the interim solution in both Drainage Reports. o The final submittal was made on August 30,2018 after a team meeting between Public Works and Simon representatives on August 24. The grading plans were accepted on September 7. o Condition of Approval 1H has been satisfied. 2 Tetra Tech NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: October 22, 2018 TIME: 9:00 a.m. APPLICANT: Cactus Hill Ranch Company, do Simon Contractors, Inc. P.O. Box 691 Windsor, Colorado 80550 REQUEST: To Modify Condition of Approval #1.G of Site Specific Development Plan and Use by Special Review Permit, USR17-0043 LEGAL DESCRIPTION: Part of the W1/2 of Section 16, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to CR 80.5; east of and adjacent to State Highway 257 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 5, 2018 Esther Gesick From: Stephanie Frederick Sent: Friday, October 5, 2018 10:08 AM To: mnelson@townofseverance.org; sballstadt@windsorgov.com; nelsnelson@catushillranch.com; PETER.CANDELARIA@SILICONRANCHCORP.COM; thomaskmoore@hotmail.com;whatiphunters@gmail.com; Doylegreg5@aol.com; Dawnmcdl l@yahoo.com;Tammera jax1215@gmal.com; Ellis450@hotmail.com; Kim Ogle; Esther Gesick; bbaker@simonteam.com;jpinella@simonteam.com; rhavens@simonteam.com; ken@lorlegal.com; anne Johnson@teratech.com; MBENSON320@msn.com Subject: Notice of Hearing - Cactus Hill Ranch Company, c/o Simon Contractors, Inc. (USR17-0043) Attachments: Simon Contractors Notice.docx Good Morning I have attached the notice of hearing for Cactus Hill Ranch Company, c/o Simon Contractors, Inc. Thank you, Stephanie Frederick Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4219 tiffp 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. 1 SURROUNDING PROPERTY OWNERS SIMON CONTRACTORS COA#1.G NAME ADDRESS 1 CITY STATE POSTAL CODE CATCUS HILL RANCH COMPANY,C/O SIMON CONTRACTORS INC PO BOX 691 WINDSOR CO 80550 GREGORY AND LISA BELL 39234 SCENIC VIEW CT SEVERANCE CO 80610-9765 RYAN AND LAUREN THOMECZEK 2121 FRIAR TUCK CT FORT COLLINS CO 80524-2215 BRANDON KASSICK 39450 SUNSET RIDGE CT SEVERANCE CO 80610-9792 DAVID CARDOS AND SHARON REYNOLDS 39526 SUNSET RIDGE CT SEVERANCE CO 80610-9792 MICHAEL AND KATHLEEN RYAN AND JESSICA AND CHRISTIAN KURTZ 39523 SUNSET RIDGE CT SEVERANCE CO 80610-9792 DEAN AND MARY SCHATZ 39507 SUNSET RIDGE CT SEVERANCE CO 80610-9792 R&J LIVING TRUST 39828 HILLTOP CIR SEVERANCE CO 80610-9775 CHRIS BROWN 1935 S VIEW DR FORT COLLINS CO 80524-5012 KINSMAN BOUNDS 1209 BATEKEUR LN FORT COLLINS CO 80524-3777 EXTRACTION OIL AND GAS LLC 370 17TH ST STE 5300 DENVER CO 80202-5653 EVERETT G SCHLOTTHAUER LIVING TRUST 38086 CR 21 FORT COLLINS CO 80524-9036 MICHAEL STULTS 11570 CR 80 EATON CO 80615-8403 LANCE BRITTAN 2216 DOMINIC CT SEVERANCE CO 80550-2732 SEVERANCE mnelson@townofseverance.org Windsor sballstadt@windsorgov.com Nels Nelson nelsnelson@catushillranch.com Silicon Ranch PETER.CANDELARIA@SILICONRANCHCORP.COM Tom Moore thomaskmoore@hotmail.com Benson MBENSON320@msn,com Doyle,Laura whatiphunters@gmail.com Doyle,greg Doylegreg5@aol.com McDougall Dawnmcd11@vahoo.com Darin Anderson/Sinful Paws Design&Gifts,LLC Tammera.iax1215@gmal.com Alise and Wendell Brown EIIis450@hotmail.com Ogle kogle@co.weld.co.us Gesick egesick@co.weld.co.us Baker bbaker@simonteam.com Pinello jpinella@simonteam.com Havens rhavens@simonteam.com Lind ken@lorlegal.com Anne Best Johnson anne.iohnson@teratech.com CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surronding property owners in accordance with the notification requirements of Weld County in Case Number USR17-0043 in the United States Mail,postage prepaid First Class Mail by letter as addressed on the attached list this 5th day of October,2018. Dated the h d f Oc r,20 8. Ste hanie Frederick Deputy Clerk to the Board WELD COUNTY COLORADO LAND RECORDS 10/3/2018 AFFIDAVIT OF INTERESTED LAND OWNERS 10:04:20 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date.YeVittekai— Signature Date Property Owners Within 500 Feet of Parcel# 070516000054 Account Parcel Owner Mailing Address R8686800 070513002005 BELL LISA S R8686800 070513002005 BELL GREGORY S 39234 SCENIC VIEW CT SEVERANCE, CO 806109765 R8686900 070513002006 THOMECZEK LAUREN M R8686900 070513002006 THOMECZEK RYAN A 2121 FRIAR TUCK CT FORT COLLINS, CO 805242215 R2425603 070513103013 KASSICK BRANDON 39450 SUNSET RIDGE CT SEVERANCE, CO 806109792 R2425703 070513103014 REYNOLDS SHARON A R2425703 070513103014 CARDOS DAVID M 39526 SUNSET RIDGE CT SEVERANCE, CO 806109792 R2425803 070513103015 KURTZ CHRISTIAN R2425803 070513103015 KURTZ JESSICA Parcels: 18 Owner Records: 25 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS 10/3/2018 AFFIDAVIT OF INTERESTED LAND OWNERS 10:04:20 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 4L(gh,J Signature /0/6/.10/si Date Property Owners Within 500 Feet of Parcel# 070516000054 Account Parcel Owner Mailing Address R2425803 070513103015 RYAN KATHLEEN JANE R2425803 070513103015 RYAN MICHAEL DEAN 39523 SUNSET RIDGE CT SEVERANCE, CO 806109792 R2425903 070513103016 SCHATZ MARY K R2425903 070513103016 SCHATZ DEAN J 39507 SUNSET RIDGE CT SEVERANCE, CO 806109792 R2426303 070513103020 R&J LIVING TRUST 39828 HILLTOP CIR SEVERANCE, CO 806109775 R2426403 070513103021 BROWN CHRIS L 1935 S VIEW DR FORT COLLINS, CO 805245012 R2428203 070513103039 BOUNDS KINSMAN CLARK 1209 BATELEUR LN FORT COLLINS, CO 805243777 O9524766 070523300043 EXTRACTION OIL&GAS LLC 370 17TH ST STE 5300 DENVER, CO 802025653 O9524768 070523300043 EXTRACTION OIL&GAS LLC 370 17TH ST STE 5300 DENVER, CO 802025653 Parcels: 18 Owner Records: 25 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS 10/3/2018 AFFIDAVIT OF INTERESTED LAND OWNERS 10:04:20 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel# 070516000054 Account Parcel Owner Mailing Address O9526956 ! 070523300043 EXTRACTION OIL&GAS LLC 370 17TH ST STE 5300 DENVER, CO 802025653 R1288497 070523300043 SCHLOTTHAUER EVERETT G LIVING TRUST 38086 COUNTY ROAD 21 FORT COLLINS, CO 805249036 IR8945541 070523400008 DIEPERSLOOT ERIC LIVING TRUST R0731086 070524000024 STULTS MICHAEL RAY 11570 COUNTY ROAD 80 EATON, CO 806158403 O9530266 070524300018 EXTRACTION OIL &GAS LLC 370 17TH ST STE 5300 DENVER, CO 802025653 IR7570399 070525201016 BRITTAN LANCE 2216 DOMINIC CT SEVERANCE, CO 805502732 R7570499 070525201017 PLANTZ ALICE A Parcels: 18 Owner Records: 25 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS 10/3/2018 AFFIDAVIT OF INTERESTED LAND OWNERS 10 : 04 : 20 AM SURFACE ESTATE THE UNDERSIGNED , States that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses , and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate ) within 500 feet of the property being considered . This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site , http : //www . co . weld . co . us , and has not been modified from the original . The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date . • Signature 0 g c ol 1 Date Property Owners Within 500 Feet of Parcel # 070516000054 ..�._ _ _ _ - 5 ' III 4r1 .Iii + _ • .. '1t • 4 lia ...E . r Kit + i (•� f~%Mb-! _ r+ _ 22 (} y ~ ' 7 .`mow-r •- , tit i adi 4, bill ° i fi . H.,: I _.-1-1,:: io: iialt-t_r_s, 1 i'i — I , •,.-1 4 • P , ..4...!9; `� ._ : _ .. s W fz 8 I - d ! . c1. 1 - . . it. ' _ 7 • • . 4, , , . , . . . . • rr-. asy .. _ . , , -0•••-ser'sii-lems....„.._______ .,,, . .,..," a: 01 ib t-.. ,t ; A . . Parcels : 18 Owner Records : 25 Page 4 of 4 Simon Contractors USR17-0043 February 7,2018 Email with Visual Mitigation Plan Receipt/Read Tracking updated February 15,2018 at 11:30 a.m. t , °a t�" 144.**, �t 11 V x' `ik; s :gt ,w �.rt .,,� .s.. ' a'K ...as. .a .:;. Severance mnelson@townofseverance.org 2/7/2018 2/7/2018 /13/2018 2/14/2018 Windsor sballstadt@windsorgov.com 2/7/2018 2/7/2018 2/7/2018 2/14/2018 Nels Nelson nelsnelson@cactushillranch.com 2/7/2018 2/7/2018 Silicon Ranch PETER.CANDELARIA@SILICONRA 2/8/2018 2/8/2018 NCHCORP.COM Tom Moore thomaskmoore@hotmail.com 2/7/2018 2/11/2018 2/14/2018 Benson MBENSON320@msn.com 2/7/2018 Doyle,Laura whatiphunters@gmail.com RETURNED Doyle,Greg Doylegreg5@aol.com 2/7/2018 McDougall Dawnmcd11@yahoo.com 2/7/2018 Darin Anderson/Sinful Paws Design&Gifts,LLC Tammera.jax1215@gmail.com 2/7/2018 Alise and Wendell Brown Ellis450@hotmail.com 2/7/2018 Ogle kogle@co.weld.co.us 2/7/2018 2/8/2018 Gesick egesick@co.weld.co.us 2/7/2018 2/7/2018 Baker bbaker@simonteam.com 2/7/2018 2/7/2018 2/15/2018 Pinello jpinello@simonteam.com 2/7/2018 2/7/2018 2/15/2018 Havens rhavens@simonteam.com 2/7/2018 2/7/2018 2/15/2018 Lind ken@lorlegal.com 2/7/2018 2/7/2018 Esther Gesick From : doylegreg5@aol . com EXHIBIT Sent: Monday, October 15, 2018 10 : 54 AM To: Esther Gesick Subject: Re : USR17 - 0043 meeting 10/22/2018 This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I would like to submit into the record ongoing concerns that are not addressed or any site given to the neighborhood to submit complaints as Tetra Tech claimed to provide us so we could submit issues and get them resolved . 1 . Traffic in the area has increased and they have a do not trespass sign so everyone can see on the road , yet they dart out into oncoming traffic on WCR 80 1 /2 without stopping at their property line . I want them to pay for police traffic control if they cannot be safely operating their semi trucks . 2 . Dust abatement- if have submitted pictures that they do not spray the roads most times . . they circle their trucks around the loading area and kick up dust when they can have 5 trucks playing " rodeo " out there . 3 . Hiding the fact that they have semi trucks sitting and idling for 30 minutes or more while they get out , use bathrooms , eat lunch which is in violation of EPA clean air rules . They stated to the sherriff officer that the Weld county commissioners gave them the right to idle at it is a parking area for staff. I wish for you to reconsider as most businesses cannot do this and if affects the bad air quality days with noxious smell in the area . I have sent a letter to Gov . Hickenlooper to clarify such county "approval " is warranted or not? 4 . Landscaping for affected East neighbors and farmers . . . None to date . . I can ' t believe that a "good neighbor" mentality cannot take the time to stack some hay bales up to decrease wind particles and dust travel for the neighbors . . . Not one bale or rock has been moved . . bad fa th on such a big issue to protect neighbors or the ditch 5 . It has come to attention of the dog walkers in the area that we are being chased off the greenbelt under the high voltage electric poles easement and are being told to walk only on WCR 80 1 /2 into direct " Simon trucking lanes" as they want no one on their site . Rather than leaving the area to fend for themselves , a sidewalk should be provided to ensure safety around such a business as the other side of the road has a large ditch not accessible to walk on . The 12 years I have lived out here we have never been denied access to walk up WCR 80 1 /2 easements on the roadsides . Please clarify this as a business has changed the way we get around the area on foot and bicycle , or get a traffic policeman to keep us safe . 6 . Lastly , they want to remain a " good neighbor philosophy" . . Why did they have a staff member park a camper trailer on the corner of 257 & WCR 80 1 /2 for all to see with large green letters painted on it " Green Peace " . The area doesn 't post toxic messages to all , we appreciate this "Wyoming attitude" to not be in our faces . . Sincerely , Laura Doyle resident WCR 80 1 /2 1 Esther Gesick From: doylegreg5@aol . com Sent: Monday, October 15 , 2018 11 :02 AM To: Esther Gesick Subject: Re : USR 17 - 0043 pictures, part 2 of my submission for the hearing 10/22/2018 Attachments: simondustplan jpg ; simondustplan2 .jpg ; simon idleling jpg ; simontruckrounding .jpg ; simonnoise .jpg Caution : This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Here are the pictures to include the first 2 are the dust abatement showing no watering truck care and the dust flying up , the third is a semi parked for 32 minutes while he ate lunch that day . The fourth is a picture of the trucks driving in and circling until they can be loaded by a Cat loader/ backhoe . 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Esther Gesick From : doylegreg5@aol . com EXHIBIT Tuesday, October 16, 2018 10 :41 AM Sent: y, To: Esther Gesick Subject: Fwd : Re; Cob HB 11 - 1275 - letter to Gov Hickenlooper Attachments: Colorado - H B 11 - 1275 . pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Original Message From : doylegreg5 < doylegreg5@aol . com > To : Governor. hickenlooper ickenlooper < Governor. hickenlooper@state . co . us > Sent : Tue , Oct 16 , 2018 10 : 27 am Subject: Re ; Colo HB 11 - 1275 Hi , I need your help . . . We have an asphalt plant put in our area within 500 ft of our home . I asked the Weld County Sheriff to enforce our Colorado State HB 11 - 1275 , but the company said to the sheriff that since Weld County Commisioners said it could be employee and truck parking at the site that they don 't have to follow state law. So they idle for 35 minutes or longer in the lot eating lunch , walking around and waiting for loaders to fill the truck with sand . It is very stinky especially with bad air quality days during the summer. Could you please have the EPA or someone get clarity on this law to Weld County Commissioners or the Weld Sheriff. I am sure this company ( Simon Contractors ) is violating our clean air laws and priority to keep Coloradoan residents safe from being overexposed to high amounts of emissions . Thank you , Laura Doyle ph# 970-690-3765 1 DrivP Our SAVE FUEL & Engines OFF. KEEP COLORADO'S AIR CLEAN o o R A o0 Colorado House Bill 11-1275 Bill Summary In 2011,the Colorado trucking industry joined with local governments and clean air advocates in Colorado to create a set of recommendations for a statewide idling standard. HB 11-1275 ,which became effective on July 1,2011,allows communities to limit idling to five minutes within a sixty-minute period for large,commercial diesel vehicles (14,000 lbs or more), with certain exemptions. This consistent guideline enables commercial drivers to comply with the law and protect Colorado's air quality across the state,rather than having to follow a diverse patchwork of local regulations. House Bill 11-1275 By Representative(s)Priola, Barker, Casso, Coram; Also Senator(s)Williams S. and Spence, Guzman, Hodge,Tochtrop. Concerning the creation of an engine idling standard for certain commercial diesel vehicles. Be it enacted by the general assembly of the state of Colorado: Section 1. 42-4-111 (1), Colorado revised statutes, is amended by the addition of a new paragraph to read: 42-4-111. Powers of local authorities. (1) This article shall not be deemed to prevent local authorities,with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, except those streets and highways that are parts of the state highway system that are subject to section 43-2-135, c.r.s., from: (ee) Enacting the idling standards in conformity with section 42-14-103. Section 2. Title 42, Colorado revised statutes, is amended by the addition of a new article to read: Article 14 State Idling Standard 42-14-101. Legislative declaration. The general assembly hereby finds and determines that the operation of a motor vehicle in commerce has important statewide ramifications for commercial diesel vehicle operators because the transportation of people and property is not confined to one jurisdiction. Therefore,the general assembly hereby declares that idling standards are a matter of statewide concern. 42-14-102. Definitions.As used in this article, unless the context otherwise requires: (1) "Covered Vehicle"means a vehicle to which this article applies under section 42-3-104 (2) "Idling"means when the primary propulsion engine of a covered vehicle is runnmg but the vehicle is not in motion (3) "Loading Location"means a place where a covered vehicle loads or unloads people or property 42-14-103. Uniform standard - local governments.A local authority shall not adopt or enact a resolution, ordinance, or other law concerning idling of a covered vehicle that is more stringent than this article 42-14-104.Applicability. (1)This article applies to (a) Commercial diesel vehicles with a gross vehicle weight rating of greater than fourteen thousand pounds that are designed to operate on highways, and (b)Locations where commercial diesel vehicles load or unload if a local authority has adopted or enacted a resolution, ordinance, or other law consistent with this article (2)This article does not supersede an ordinance of a local authority if the authority has an average elevation of over six thousand feet and if the ordinance was in effect on January 1,2011 42-14-105. Idling. (1) Standard.The owner or operator of a covered vehicle shall not cause or permit the vehicle to idle for more than five minutes within any sixty-minute period except as authorized by subsection (2) of this section (2) Exemptions. Subsection(1) of this section does not apply to an idling, covered vehicle (a)When it remains motionless because of highway traffic, an official traffic control device or signal, or at the direction of a law enforcement officer, (b)When the driver is operating defrosters,heaters, or air conditioners or is installing equipment only to prevent a safety or health emergency, and not for rest periods, (c)In the case of a law enforcement, emergency,public safety, or military vehicle, or any other vehicle used to respond to an emergency,when it is responding to an emergency or being used for framing for an emergency, and not for the convenience of the vehicle operator, (d)When necessary for required maintenance, servicing, or repair of the vehicle, (e)During a local, state, or federal inspection verifying that the equipment is in good working order if required for the inspection, (f)During the operation of power take-off equipment if necessary for operating work-related mechanical or electrical equipment, (g)In the case of an armored vehicle,when a person is inside the vehicle to guard its contents or during the loading or unloading of the vehicle, (h)In the case of a passenger bus,when idling for up to five minutes m any sixty minute period to maintain passenger comfort while nondriver passengers are onboard, (i)When used to heat or cool a sleeper berth compartment during a rest or sleep period at a safety rest area as defined under 23 cfr 752 3,fleet trucking terminal, commercial truck stop, or state-designated location designed to be a driver's rest area, (j)When used to heat or cool a sleeper berth compartment during a rest or sleep period at a location where the vehicle is legally permitted to park and that is at least one thousand feet from residential housing, a school, a daycare facility, a hospital, a senior citizen center, or a medical outpatient facility providing primary, specialty, or respiratory care, or (k)When idling for up to twenty minutes in any sixty-mmute period if the ambient temperature is less than ten degrees 42-14-106. Penalties. The owner or operator of a vehicle or the owner of a loading location that violates this article commits a class b traffic infraction,punishable by a fine of not more than one hundred fifty dollars for the first offense or a fine of not more than five hundred dollars for a second or subsequent offense and by a surcharge of twenty dollars in accordance with section 24-4 1-119, c r s Section 3. Effective date- applicability.This act shall take effect July 1,2011, and shall apply to offenses committed on or after said date Section 4. Safety clause.The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace,health, and safety Frank McNulty Brandon C Shaffer Speaker of the House President of Of Representatives the Senate Marilyn Eddins Cindi L Markwell Chief Clerk of the House Secretary of Of Representatives the Senate Approved John W Hickenlooper Governor of the State of Colorado House Bill 11-1275 Hello