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Home My WebLink About20170569.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR16-0041 - BRAMMING FAMILY TRUST AND JOHN G. BRAMMING TRUST II, C/O MARY ALICE BRAMMING, TRUSTEE, C/O HUNT BROTHERS PROPERTIES, INC./ ASPHALT SPECIALTIES CO., INC. Exhibit A. B. C. D. E. F. G. H. I . J. K. L. M. N. O. P. Q. R. S. T. U. V. Submitted By Description Planning Commission Resolution of Recommendation Planning Commission Summary of Hearing (Minutes dated 2/7/2017) Planning Services PowerPoint Presentation C Duane and Bernice Kirkmeyer Letter of Opposition dated 1/30/17 Mary Maxwell and Gregg Kirkmeyer Letter of Opposition dated 1/30/17 Anadarko Letter of Objection dated 2/7/17 Hazel Frank Letter of Objection dated 3/8/2017 FRICO Email Correspondence dated 1/19/17 Rob Laird/FRICO Email Correspondence dated 1/20/17 Anadarko Letter of Objection dated 2/7/17 Applicant Updated Maps Applicant Updated Deed Northern Colorado Water Conservancy District Petition for Inclusion dated 4/7/17 Yongge and Shou Vue Letter of Objection dated 4/16/17 Attendance, Photos, and letters from neighborhood Applicant meeting held on 4/19/17 Request to continue hearing to allow time for another Applicant/Daniel Hunt neighborhood meeting Ecological Resource Consultants, Inc. 2nd Review of Ditch Crossing dated 5/24/17 Applicant Aerial Photographs Applicant 2nd Community Meeting held on 6/21/2017 Engineering Dynamics Incorporated Noise Compliance Analysis Applicant 1st Community Meeting Applicant Project Stimulation over Aerial Map 2017-0569 W. Applicant Proposed Site Plan X. Applicant Power Point Presentation Y. Commissioner Kirkmeyer Martin Marietta Resolution for comparison Z. AA. BB. CC. DD. EE. FF. GG. HH. 2017-0569 Public hearings concame'xj this property will be heard before tl'+e County Planning Corninfssien end Board of Coxtnty Commissioners Dee) rwanngs mg be held 41 lafnnning C-)rnrrtsc.tx7 rScary-Kill W?!! urn he4d :An Ryan; rlt C^runty C:omenrusig)nfr Heating r ] wit be A tin a1't+ec mitt orw It ►LAA Ai1i0 Lea AT in, 4 t.► 4.i rt $4.0 44041 r4. t�trttg 0Ivr T t rMerItft' •*O.J1fKte TMt tuo in Nt AWMAL I Viral RAYt MtTW t av!t :owner 'tetra** tin touts Alit •Alf It Siagrral Ai A tilt fl *est 4M AtC tt 0A A a to 1/raA& tlittri r Iu& lAttjez,,,Ma• al MMDtsitOt3/46. tt+it all? C It 44tAvt r;A 0400 mew *Arm .t nc 4104.__0 oaatm tart[t LAS lair M4% .c ItdM0tL.C74t0A/n vet 444 IMAM. t LAD ONTCiryfp ?141400 Ard LOJt4t+l 11 P**gs ttatti>h WO VMS A+wo fuse. 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VIEW LOOKING EAST FROM DITCH ROAD AT COUNTY ROAD 6 VIEW LOOKING SOUTH FROM DITCH ROAD 1 aS f 6 t 4 I • s U • o a • r L 4 1 e I a I a 1 is • a • a a e iNIL • J 4 S J J CI • I I M1 i` 1 I,i• • I I • , jl t IF nh a 4 1 el J a I 4 VIEW TO SOUTH TO WESTERN AREA POWER ADMINISTRATION TRANSMISSION LINE a 4s a ■ Ii Vitsy r t L t 1 VIEW TO SOUTHWEST FROM CENTER OF PROPERTY TO VARRA CONCRETE PLANT TO NORTH FROM CENTER OF THE PROPERTY ; eit 3. 44 r a Art" c "op aft 2 e K J t :vy e •ta" r 1 • 4.• C t• =at — i t 174. .r R' ''r VIEW TO NORTH, STORAGE SOLUTIONS RV PARKING C Duane and Bernice K Kirkmeyer 583 S 22nd Ave Brighton, Colorado January 30, 2017 Case# USR16-0041 Bramming Family Trust Weld County Department of Planning Services Board of County Commissioners kscisa_ itte 0 o ivekic % tzo,‘ The Kirkmeyer Family Farm borders the full South and East of the proposed USR for Mineral Resource Development Facilities. The farm has been in existence for 80 years! Our opposition to the development are as follows: Noise of operation and odors are concerning. Increased traffic on roads for farming equipment and other drivers are a safety concern. Dust from operations as the prevailing winds are from the West and North. One of our major concerns is the polluted water runoff from storms. The area will not be as porous as in farm land. We have had runoff on the east and south, and southeast corner of that area when it was in farm land. The South and Southeast areas of runoff go directly into a lake and a pond that waters livestock. If the waste (pollution) runs into these areas, it will damage the livestock operation that exists. The Frico irrigation lateral that runs through the proposed operation, from which the farms are irrigated, could be polluted with dust, waste and other contaminates. One major concern is what impact the proposed operation will have on the future of our shallow well, located near the southern border. This water is used to water our cattle and household use. The airborne pollution could impact the crops that are fed to cattle and other livestock. Some of these crops are sold to feed other livestock operations as well. These reasons may destroy our lively hood on our existing family farm! The proposed zone change from AG to lite industrial or commercial —will not meet agricultural zoning. We are definitely against the proposed development facilities. Thank you. Sincerely, C Duane and Bernice Kirkmeyer e_s‘ '++g1 �-.ice-i'-•tom (vje_tiOP /4OO1 Cl30, 2,0/7 I am writing regarding the proposed zoning change to which I am strongly opposed for the property. The reasons for my opposition to changing the zoning from the current agricultural use to an industrial use are many. Most importantly is because a zoning change would dramatically increase the amount of dust that fills the air both from any handling of raw material (loading, unloading, crushing) and because of the tremendous increase in vehicle traffic incumbent with this proposed operation. This poses a grave health danger to our family and to myself in particular as I suffer from severe, persistent asthma for which I am under the care of an asthma specialist at Kaiser Permanente. Our house and farm are directly downwind of this property, and we would bear the brunt of the dust load filling the air from the increased activity at this site. The current agricultural use should be maintained so as not to endanger the health of my family and myself. Another compelling reason to deny the zoning change request is that the danger of our livestock will be adversely affected by the increased amount of dust that such an industrial use would cause. We raise Angus cattle which my husband and daughter have consistently improved over the many years our farm has been in existence. We also raise a small dairy goat flock which provides the dairy needs of our family. Our daughter shows both the cattle and the goats through the 4H program. If an industrial use is allowed at the subject property it will imperil the respiratory health of our entire livestock operation. Another reason I am requesting that you deny this zoning change is that the increased traffic burden poses yet another threat to our farming operation. My husband regularly must move slow moving tractors, bale wagons, grinders, and field implements from one site to another, and the exponential increase in traffic inherent to an industrial use will pose additional risk to our agricultural operation as well as to our animals. We maintain our fences in top condition, but over the years there have been occasions when livestock will still somehow get out and wind up on the road. As Weld County is a right to farm county then the safety of our livestock deserves consideration in this matter. Yet another reason to deny this request is because of the tremendous and unrelenting noise that will be generated by this industrial use. Again I invoke the health and well being of our livestock in this regard as well. Loud noises are troubling to pregnant cattle and goats, and we fear for the safety of our animals through their entire reproductive cycle. I beseech you to deny this zoning change request. Sincerely, Mary Maxwell and Gregg Kirkmeyer 1726 CR 13 Brighton, CO 80603 RECFIVaD FEB 01 7A17 \\eld county } lumi 'g uepartmont GREELEY OFFICE an! 1',/ . . . , . „ � i. • 1 5 .. / ii 7 ....I -- , I lenri • , A . . i t . i Aft /1, a A 4/ I ;sr , 1 At 4,-. ap, . re , i . ,,. ..fsa, .a al. iag I AT A AI IWI IP /I. , • , i I . • 4,,,2 Id ,a. ,e___ _ , / . Ire, adi 4/ • ... "MEW let AI 44. i I ak . • . I / 4.� 1./.art itsiik sthed: 1st i 1 n 4 ►- / / FINN II , L..� ♦ J+ _ � a .�L `,' it I 47. g• 1 be (2 . ...I ., �_ /1 , L V 1 I / WWflsiaws % , L _ ..k. I .. at L • .a/ ! ... . .,/e r A I. 1 et ..a._ 4 A I e,df I Ilir e?C I ' IFr _ 4 .. a / 4 sf'day - .I,.41Ijj4j /.. �1 .. i -/1 ✓ / e , , IWRIff , ais . C� .... i _,• ii . . amart Ic 04 iv �i t� -ter .. )� V ' V, A ki4saa.'an.aj ! /r_ t . . _ _�,/� /_ 7 W Ai i. ir ma / , ' AS 4_ Iasi Al il c_ ir IF4 . is'," 't ..f.L., A 4 4 .2', 1______2/2____________ i /l / I n rr ♦ i . :Ss / ..L.�� . -,airs .Aill. PS -- �___ i. ...CI .. A .. I/ • re ANADARKO PETROLEUM CORPORATION MAIN (720) 929-6000 1099 181" STREET, SUITE 1800 • DENVER. COLORADO 80202 Anadarlorpa Potroleuni Corporation February 7, 2017 VIA E-MAIL Weld County Department of Planning Services Kristine Ranslem, Planner 1555 N. 17t Avenue Greeley, CO 80631 kranslem@weldgov.com NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD INTERESTS OWNED BY ANADARKO E&P ONSHORE LLC AND KERR-McGEE OIL & GAS ONSHORE LP AND OBJECTION Re: U S R 16-0041 The Bramming Family Trust — Property Owner or "Applicant" Township 1 North, Range 68 West Section 25: a portion of the NE/4 Weld County, Colorado Ms. Ranslem: This objection and notice letter is submitted to Weld County ("County") on behalf of Anadarko E&P Onshore LLC ("AEP"), and Kerr-McGee Oil & Gas Onshore LP ("KMOG") with respect to the application for a Site Specific Development Plan and USR Permit that has been filed with the County by The Bramming Family Trust ("Applicant") that includes property in the NE/4 of Section 25, Township 1 North, Range 68 West in Weld County. AEP owns mineral interests that underlie the property located in Section 25 ("Property"). KMOG owns oil and gas leasehold interests in the Property. AEP and KMOG wish to give notice to the County of the mineral interests and oil and gas leasehold interests they own under the Property and make the County aware that the approval of a final application may significantly impact the prospective development of the minerals and oil and gas interests that underlie the Property. AEP and KMOG object to the approval of a final application for development until agreements on surface use are reached among AEP, KMOG and the Applicant covering the Property. The following are comments in support of this Notice and Objection: 1 The Oil and Gas Resources Owned by AEP and KMOG. D 3 EXHIBIT C AEP owns mineral interests that underlies the Property, and KMOG owns oil and gas leasehold interests for the Property. 2. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." 3. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to the Rights of the Other. Colorado law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals and that the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each other's rights. 4. AEP and KMOG Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The mineral assets have significant value and consequently AEP and KMOG are concerned that the approval by the County of an application for development of the Property and the subsequent build -out of the Property may impair their ability to develop their minerals and oil and gas interests. Any future surface development plans approved by the County should incorporate and designate lands to be set aside for oil and gas development and expressly provide protection for future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Approval of any surface development plan that forecloses the rights of mineral and leasehold owners may be a compensable taking. AEP and KMOG have extensive mineral and oil and gas leasehold interests throughout the State of Colorado and have successfully worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface estate and the oil and gas estate or some other disposition of the minerals. The practice of AEP and KMOG is to meet with surface owners to reach a mutually acceptable agreement. To date, AEP and KMOG have not had any discussions with the Applicant on this matter. Because no agreement has been reached between the parties that covers the Property, and in order to protect their mineral and oil and gas interests and private property rights, AEP and KMOG object to the application and request that the County make any approval of a final application for development of the Property conditioned upon an agreement among AEP, KMOG and the Applicant. Please contact me at 720-929-3033 if you have any questions or comments about this matter. AEP and KMOG hope to conclude a mutually acceptable agreement with the surface owner of the property, and we look forward to working with the County to accomplish its land use planning goals. In addition, Kerr-McGee Gathering LLC ("KMGG") wishes to notify the County of two existing 3" pipelines that are not identified and labeled on the Applicant's Site Plan. The first pipeline runs parallel with the Bull Canal lateral No. 1. The second pipeline runes East to West on the Northern end of the property. KMGG requests that this pipeline be included on the Site Plan. Sincerely, ANADARKO PETROLEUM CORPORATION bat) ts„tff Anthony Rader Landman cc: Jeff Fiske, Lead Counsel Ron Olsen Clint Hebert Jake Billadeau Justin Shoulders Paul Ratliff HAZEL K. FRANK 1596 County Road 15 Brighton, CO 80603 303-659-3795 (land) 303-726-2799 (cell) March 8, 2016 Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80631 Re: Case Number USR 16-0041 Bramming Family Trust Asphalt Specialties Company Proposed Asphalt Batch Plant Ladies and Gentlemen: RECEIVED MAR 172017 WELD COUNTY COMMISSIONERS In late February, I learned that a Use by Special Review Permit has been requested for an Asphalt Batch Plant west of County Road 13 and south of County Road 6. Our home is about 1-1/4 miles (as the dust flies) east (downwind) of the proposed plant. In view of the fact that the Weld County Planning Department has already approved this request and having noted that the "For Sale" signs have been removed from the property in question, I am assuming that this change of use will be approved. However, I am very hopeful that the Commissioners will take into consideration the problems this plant will cause for the neighboring farmers and residents and impose mitigation measures accordingly. My concerns are as follows: Dust: Our area experiences very severe winds on a regular basis. These winds are predominantly out of the west and north although chinook winds blow from the southwest or south. I would ask that berms be required at least along the west and south boundaries of the plant site itself (the site plan already appears to show trees along the north boundary) and that the berms be covered with vegetation and evergreen trees. With the terrible winds we have experienced the last couple of days I have noticed that the dust blows off the access roads to the oil rigs in our area but not from the rig pad areas that are surrounded with the sound panels. I believe the mitigation measures I am requesting could be effective in containing "fugitive" dust, help with noise abatement and perhaps do something to ameliorate the plant's effect on neighborhood property values. Noise: We believe we are sufficiently far away that noise from the plant will not affect us. However, in deference to those living in the immediate vicinity of the plant we would suggest that noise should be limited to the permitted residential levels which I believe are 55 decibels during the day and 50 decibels at night and should be monitored. Lights: Again, this should not affect us personally, but lighting should be pointed downwards onto the site and should be turned off when not absolutely necessary so as not to impact residential neighbors. Odor: I believe odors from this sort of plant are subject to state standards. If this is the case, the permit should be issued subject to compliance with state regulations. Page Two Hours of Operation: The hours stated in the Planning Department Case Summary do not seem unreasonable with the exception of the employees working from 6:00 a.m. to 11:30 p.m. Are these employees doing maintenance inside a shop building whose light and noise would therefore be contained? If so, there would not seem to be an adverse impact to neighbors, but if it means that trucks would be revving up outside, these hours should be curtailed or outdoor operations limited to daylight hours. Traffic Safety: As you probably know, County Road 6 is a two lane road with no shoulders. There is already a lot of truck traffic on this road in the morning. The Case Summary stated that the application indicated that most heavy truck traffic associated with the business will use Road 6 heading west to Interstate 25. I would request that specified haul routes be imposed so that truck traffic going to the Highway 85 corridor would go north on Road 13 to Highway 52 for northbound traffic and south on Road 13 to Highway 7 for southbound traffic thus limiting the truck traffic on Road 6 between Road 13 and Highway 85. In addition, since presumably not all of the trucks will be going west to I-25, I would suggest that, at a minimum, a four-way stop be installed at the intersection of Road 13 and Road 6. This is already a dangerous intersection due to the poor line of site of traffic coming south on Road 13 which barely allows cars on Road 6 to make turns safely let alone larger, slower trucks. There are accidents at this location on a fairly regular basis and there has been a fatality. I am planning to attend the hearing for this case before the Commissioners on March 22nd and look forward to hearing your responses to my concerns. Very truly yours, Hazel K. Frank C.C. Kim Ogle Weld County Planning Services 1555 N. 17`^ Avenue Greeley, CO 80631 Rob Laird From: Sent: To: Cc: Subject: Attachments: Eve Craven <Eve@farmersres.com> Thursday, January 19, 2017 6:03 PM Gary Stillmunkes; Kim Ogle Casey Sullivan; Rob Laird RE: ASCI SScanfile 16122210540.pdf Gary, Thank you for the information. FRICO does not have an issue with the access road off WCR 6, as drawn on the attached drawing. However, FRICO will not grant permission to construct a bridge over Bull Canal Lateral 1 or to use FRICO's ditch road or property for access. Thanks, Eve Eve. Crcvve v Projects Coordinator Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 303-659-7373 ext. 312 Eve@farmersres.com 2 EXHIBIT 2t• -b 4 From: Rob Laird [mailto:RobL@ asphaltspecialties.comj Sent: Friday, January 20, 2017 9:13 AM To: Kim Ogle <kogle@co.weld.co.us> Subject: RE: ASCI I guess I do not know what the question is. Who made this map? I think I did for Gary. We can cross the FRICO Lateral, just not at this time without a design for the crossing and agreement with FRICO. Eve is way off on her thinking somehow/someway here. She is fixated on this lateral crossing for some reason. I just got in and have not seen Gary. We'll talk later. I am only interested in the "no objection" to our truck access road at this time. Rob From: Eve Craven [mailto:Eve@farmersres.com] Sent: Thursday, January 19, 2017 6:03 PM To: Gary Stillmunkes <GarvS@asphaltspecialties.com>; Kim Ogle <kogle@co.weld.co.us> Cc: Casey Sullivan <Casey@farmersres.com>; Rob Laird <RobLCWasphaltspecialties.com> Subject: RE: ASCI Ga ry, Thank you for the information. FRICO does not have an issue with the access road off WCR 6, as drawn on the attached drawing. However, FRICO will not grant permission to construct a bridge over Bull Canal Lateral 1 or to use FRICO's ditch road or property for access. Thanks, Eve Eve Craven Projects Coordinator Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 303-659-7373 ext. 312 Eve@farmersres.com From: Gary Stillmunkes mailto:GarvS@asphaltspecialties.com] Sent: Friday, January 13, 2017 11:26 AM To: Eve Craven <Eve@farmersres.com>; Kim Ogle <kogle@co.weld.co.us> Cc: Casey Sullivan <Casey@farmersres.com>; Rob Laird <RobL@asphaltspecialties.com> Subject: RE: ASCI Eve, I will address your concerns on the liquid asphalt storage facility, so you understand and have clarifications on what and how the liquid storage vessel would not affect the Bull Canal or lateral 1 ditch. Included in this email are pictures of our previous storage facility (ATTACH: ASCI — Oil Storage Photos) that was located and permitted in Commerce City, as a use by right permit. As you can see from the pictures, our storage unit level will be created from a hole in the ground and the full level will be below any FRICO canal water flow lines which will not become an issue with the FRICO ditches. Additional attachments will also address the liner (ATTACH: Asphalt Liner) that is formed around the interior of the storage unit to prevent any ground water contamination. The asphalt liners are used in water storage facilities, reservoirs, lagoons and landfills. In fact the North Glenn Reservoir directly south of the property is lined with asphalt. As you will review in these attachments, liquid asphalt is insoluble (ATTACH: Photo of AC Blob w. Comments) so it does not dissolve in water, it must be heated to be used in a finished asphalt product at our asphalt plants. Liquid asphalt is a solid at ambient temperatures. As you will note from the attachment we have an heating apparatus that is placed in a corner of the storage pond that will heat a small portion that is then pumped into a vertical tank for storage and transferring to additional asphalt production plant locations. The storage facility will be fenced and covered. Colorado Department of Public Health and Environment (CDPHE) does have authority over the installation of these oil storage facilities. Since asphaltic oil is not a hazardous waste product, it is binder material mixed with aggregates that is in used for constructing parking lots and roadways. Our first request is to address the access entrance, approximately, 150 feet east of the Bull Canal access point from WCR 6. Per our conversations, FRICO does not have any objection with the location of our entrance driveway onto the property. When should we expect your letter so we can present to Weld County? We are scheduled to address the access with Weld County Public Works and Planning on Monday, January 16tH Once we have Weld County Planning USR permit approval, Asphalt Specialties will submit the FRICO application and fee's associated for the engineering review which will provide details for the bridge crossing structure and drainage plans which are presently shown on the Special Review Plat. Just for your information, when you talk to the FRICO General Manager next week you can also mention that there is presently a 30 foot FRICO lateral 1 ditch crossing used for heavy equipment on the southeast corner of the property off WCR 13. If you need any additional information or clarifications, please contact me. Thank you, Gary Stillmunkes Asphalt Specialties Co., Inc. 10100 Dallas Street Henderson, CO 80640 Direct Line: (720)322-7056 Office: (303)289-8555 Fax: (303)289-7707 Cell: (303)994-0408 Web: www.asphaltspecialties.com Confidentiality Notice: The information contained in this email belongs to the sender, is confidential and may be legally privileged. This information is intended for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking of any action in reliance on the contents of this email is prohibited. If you received this email in error, please immediately delete and destroy all copies of the original email, attachments, and notify the sender. `► Think green, keep it on the screen. From: Eve Craven [mailto:Eve@farmersres.com] Sent: Thursday, January 12, 2017 5:02 PM To: Kim Ogle <kogle@co.weld.co.us> Cc: Gary Stillmunkes <GaryS@asphaltspecialties.com>; Casey Sullivan <Casey@farmersres.com> Subject: RE: ASCI Kim, Thank you for providing me with the Use by Special Review Plat. Concerns that FRICO has is the Liquid Asphalt Storage being close to the canal and lateral and drainage of the site. I will need to run this by our General Manager as to whether he will approve the bridge over the Bull Canal Lateral 1. However, he is out of the office until next Thursday. I will touch base with him upon his return. Thanks, Eve Eve Craven Projects Coordinator Farmers Reservoir and Irrigation Company 80 South 27'^ Avenue Brighton, CO 80601 303-659-7373 ext. 312 Eve@farmersres.com From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Thursday, January 12, 2017 4:00 PM To: Eve Craven <Eve@farmersres.com> Subject: ASCI Eve Perhaps this map will provide you with additional information? If not enough, please let me know and I will continue to search. Thank you for your assistance. Kim Kim Ogle Planner ANADARKO PETROLEUM CORPORATION MAIN (720) 929-6000 1099 18 ' STREET, SUITE 1800 • DENVER COLORADO 80202 ada : Petroleum Corporation February 7, 2017 VIA E-MAIL Weld County Department of Planning Services Kristine Ranslem, Planner 1555 N. 17th Avenue Greeley, CO 80631 kranslem@weldgov.com NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD INTERESTS OWNED BY ANADARKO E&P ONSHORE LLC AND KERR-McGEE OIL & GAS ONSHORE LP AND OBJECTION Re: USR 16-0041 The Bran -in -ling Family Trust — Property Owner or "Applicant" Township I North, Range 68 West Section 25: a portion of the NE/4 Weld County, Colorado Ms. Ranslem: This objection and notice letter is submitted to Weld County ("County") on behalf of Anadarko E&P Onshore LLC ("AEP"), and Kerr-McGee Oil & Gas Onshore LP ("KMOG") with respect to the application for a Site Specific Development Plan and USR Permit that has been filed with the County by The Bramming Family Trust ("Applicant") that includes property in the NE/4 of Section 25, Township 1 North, Range 68 West in Weld County. AEP owns mineral interests that underlie the property located in Section 25 ("Property"). KMOG owns oil and gas leasehold interests in the Property. AEP and KMOG wish to give notice to the County of the mineral interests and oil and gas leasehold interests they own under the Property and make the County aware that the approval of a final application may significantly impact the prospective development of the minerals and oil and gas interests that underlie the Property. AEP and KMOG object to the approval of a final application for development until agreements on surface use are reached among AEP, KMOG and the Applicant covering the Property. The following are comments in support of this Notice and Objection: 1 The Oil and Gas Resources Owned by AEP and KMOG. EXHIBIT J Use_ 4 AEP owns mineral interests that underlies the Property, and KMOG owns oil and gas leasehold interests for the Property. 2. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest n« hers in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." 3. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to the Rights of the Other. Colorado law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals and that the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each other's rights. 4. AEP and KMOG Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The mineral assets have significant value and consequently AEP and KMOG are concerned that the approval by the County of an application for development of the Property and the subsequent build -out of the Property may impair their ability to develop their minerals and oil and gas interests. Any future surface development plans approved by the County should incorporate and designate lands to be set aside for oil and gas development and expressly provide protection for future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Approval of any surface development plan that forecloses the rights of mineral and leasehold owners may be a compensable taking. AEP and KMOG have extensive mineral and oil and gas leasehold interests throughout the State of Colorado and have successfully worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface estate and the oil and gas estate or some other disposition of the minerals. The practice of AEP and KMOG is to meet with surface owners to reach a mutually acceptable agreement. To date, AEP and KMOG have not had any discussions with the Applicant on this matter. Because no agreement has been reached between the parties that covers the Property, and in order to protect their mineral and oil and gas interests and private property rights, AEP and KMOG object to the application and request that the County make any approval of a final application for development of the Property conditioned upon an agreement among AEP, KMOG and the Applicant. Please contact me at 720-929-3033 if you have any questions or comments about this matter. AEP and KMOG hope to conclude a mutually acceptable agreement with the surface owner of the property, and we look forward to working with the County to accomplish its land use planning goals. In addition, Kerr-McGee Gathering LLC ("KMGG") wishes to notify the County of two existing 3" pipelines that are not identified and labeled on the Applicant's Site Plan. The first pipeline runs parallel with the Bull Canal lateral No. 1. The second pipeline runes East to West on the Northern end of the property. KMGG requests that this pipeline be included on the Site Plan. Sincerely, ANADARKO PETROLEUM CORPORATION CM ache( t{ Anthony Rader Landman cc: Jeff Fiske, Lead Counsel Ron Olsen Clint Hebert Jake Billadeau Justin Shoulders Paul Ratliff Option B: New Access Lot A RECX16-0183 and New Shared Access for Lots A & B of RECX16-0183. Lots A & B of RECX16-0184 will access through private easement across the bridge through Lot A RECX16-0183. N II►a15yiU►*'. `\at'w a% au* ..aaa. ridkv..vaar S a\ tSY4\\\ a LOT A RECX16-0183 LOT A RECX16-0184 LOT RECX 16-0184 LOTB RECX16-0183 4280888 Pages: 1 of 8 02/24/2017 09:36 AM R Fee:$48.00 D Fee:$128.50 Carly Koppes, Clerk and Recorder Weld County, CO II ��K� �� 4"t 1�4��k ��K4� I�:��a k� �'Y ► Bill III I lU UI 11111111 Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: February 22, 2017 $ 128.50 THIS DEED, made on February 22, 2017 by THE BRAMMING FAMILY TRUST, AS TO AN UNDIVIDED 1/3 INTEREST; AND MARY ALICE BRAMMING AND KATHY BRAMMING BRIM, ALSO KNOWN AS KATHERINE HELEN BRIM; AND THE JOHN E. BRAMMING TRUST II, AS TO AN UNDIVIDED 1/3 INTEREST Grantor(s), of the County of ADAMS and State of COLORADO for the consideration of ($1,285,000.00) *** One Million Two Hundred Eighty Five Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to HUNT BROTHERS PROPERTIES, INC, A COLORADO CORPORATION Grantee(s), whose street address is 10100 DALLAS ST. HENDERSON, CO 80640, County of WELD, and State of COLORADO, the following real property in the County of Weld, and State of Colorado, to wit: SEE ATTACHED "EXHIBIT A" also known by street and number as: VACANT LAND 120 ACRES NA 00000 with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2017 and subsequent years, a lien not yet due or payable and those specific Exceptions set forth on "Exhibit B", attached hereto and made a part hereof My special assessment if the improvements were not installed as of the date of Buyer's signature on the Contract to Buy and Sell Real Estate between Grantor and Grantee dated 5/2/16, whether assessed prior to or after Closing; and other NONE SIGNATURE/NOTARY EXHIBIT ATTACHED HERETO Siglisididassigis HUNT BROTHERS PROPERTIES, INC, A COLORADO CORPORATION 10100 DALLAS ST. HENDERSON, CO 80640 Form 13050 12/2015 wd.16.odt 1-16 Warranty Deed (Photographic) FC25140236 (26753887} Landeftle :A ASAMtl (QMFANy 4280888 Pages: 2 of 8 02/24/2017 09:36 AM R Fee:$48.00 D Fee:$128.50 Carly Koppes. Clerk and Recorder, Weld CountyCO 1111 �J@ r1 PI��l �N wit lkikCilLAIIAII V SIGNATURE PAGE ATTACHMENT EXHIBIT TO WARRANTY DEED ADDRESS: VACANT LAND 120 ACRES NA 00000 THE BRAMMING FAMILY TRUST 11, &La IsaviLyytart, MARY ICE BRAMMING AS TRUSTEE State of COLO )ss County of The foregoing instrument was acknowledged before me on this day of fi , 2017 by MARY ALICE BRAMMING AS : _ _`+ E OF THE BRAMMING FAMILY TRUST. ANITA R. VILLARS NOTARY PUBLIC STATE OF COLORADO NOTARY 10 20094015724 My Commission Expires June 11, 2017 Notary Pub My cission expires: Form 3757 sign.page.doc 03/04 FC25140236 {27453852} 4280888 Pages: 3 of 8 02/24/2017 09:36 AM R Fee:$48.00 D Fee:28.30 Carly Koppes, Clerk and Recorder, Weld County, co 1111 Warn NVI" 4C IICial011,1KAlI VIA iiiII Ill SIGNATURE PAGE ATTACHMENT EXHIBIT TO WARRANTY DEED ADDRESS: VACANT LAND 120 ACRES NA 00000 8144-7 signAlt,h+ MARY ALI BIiAMMING State of COLORADO County of he foregoing i Notary My •• n s ' ion expires: 6 • ! !- )ss ANITA R. PUBLtC LLARS NOTARY STATE OF COLO�RADO o NOTA 711.2017 My Commission Expires June 1-91 t was acknowledged before me on this day of 22 2017 by MARY ALICE BRAMMING. Form 3757 sign.page.doc 03/04 FC25140236 {27453854} 4280888 Pages: 4 of 8 02/24/2017 09:36 AM R Fee:$48.00 D Fee:$128.50 Carly Koppel, Clerk and Recorder, Weld County,CO lilI 1�1R�LI��L��+C1'h III «1I II��l Ig4l Yid 11111 SIGNATURE PAGE ATTACHMENT EXHIBIT TO WARRANTY DEED ADDRESS: VACANT LAND 120 ACRES NA 00000 � 5A-et-Yn-n, 4-nel l�.ta.yy._ c*ka-o w►, �, c .. p,O SilkTHY BRAMMING BRIM ALSO KNOW AS KATHERINE HELEN BRIM State of COLORADO County of ____4441"4042 )ss The foregoing instrument was acknowledged before me on this day of ALSO KNOWN AS KATHERINE HELEN BRIM. Notary Publi My co. ,: ion expires: Form 3757 sign_page.doc 03/04 72 a , 2017 by KATHY BRAMMING BRIM ANITA R. VIL1- R S NOTARY PUBLIC �pO STATE OF 20094015724 NOTARY Iree June 11, 2017 My ,mission EXp FC25140236 (27453850) 4280888 Pages: 5 of 8 02/24/2017 09:38 AM R Fee:$48.00 D Fee:$128.50 Carly Koppes. Clerk and Recorder, Weld County CO to NPrrir. PON; I aihtlisililt i SIGNATURE PAGE ATTACHMENT EXHIBIT TO WARRANTY DEED ADDRESS: VACANT LAND 120 ACRES NA 00000 THE JOHN E. BRAMMING TRUST U MARY r ,ICE BRAMMING AS TRUSTEE State of COLORADO County of '0 )ss The foregoing instrument was acknowledged before me on this day of AS TRUSTEE OF HN E. BRAMMING TRUST IL Notary Publi My co • ssion expires: Form 3757 sign.page.doc 03/04 Co• // 7 ANITA R. VILLARS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20094015724 My Commission Expires June 11, 2017 ZZej°, 2017 by MARY ALICE BRAMMING FC25140236 {27453850) 4280888 Pages: 6 of 8 02/24/2017 09:36 AM R Fee:$48.00 0 Fee:$128.50 Carly KoppsS, Clerk and Recorder, Wild County CO Bairdair Ifigs e Iillii'a 11IM4A, 4.441 II II EXHIBIT A THEN 1/2 OF THE NE 1/4 AND THEN 1/2 OF THE S 1/2 OF THE NE 1/4 OF SECTION 25; AND ALL THAT PART OF THE E 1/2 OF THE NW 1/4 OF SECTION 25, LYING EAST OF THE RIGHT OF WAY OF THE UNION PACIFIC RAILROAD COMPANY AND SOUTH OF THE RIGHT OF WAY OF THE BULL CANAL; ALL IN TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6Th P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPTING THEREFROM A STRIP OF LAND AS CONVEYED TO THE FARMERS RESERVOIR AND IRRIGATION COMPANY BY DEED RECORDED IN BOOK 406, PAGE 293, WELD COUNTY RECORDS, COUNTY OF WELD, STATE OF COLORADO. ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2833396, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE NE1/4 OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID NE 1/4 OF SECTION 25 BEARS NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST AND MONUMENTED AS FOLLOWS: THE EAST QUARTER CORNER OF WHICH BEING A 3.25" ALUM. CAP, L.S. 27269, THE NORTHEAST OF WHICH IS BEING A 2.5" ALUM. CAP, L.S. 24305. COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 25; THENCE NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG SAID EAST LINE OF THE NE1/4 OF SECTION 25 A DISTANCE OF 1017.12 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES 58 SECONDS WEST A DISTANCE OF 93.01 FEET, HAVING A RADIUS OF 2930.00 FEET, A CENTRAL ANGLE OF 01 DEGREES 49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 93.01 FEET; THENCE NORTH 02 DEGREES 14 MINUTES 32 SECONDS WEST A DISTANCE OF 1165.00 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS NORTH 01 DEGREES 19 MINUTES 58 SECONDS WEST A DISTANCE OF 97.45 FEET, HAVING A RADIUS OF 3070.00 FEET, A CENTRAL ANGLE OF 01 DEGREES 49 MINUTES 08 SECONDS AND AN ARC LENGTH OF 97.46 FEET TO A POINT 40 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE NORTH 00 DEGREES 25 MINUTES 24 SECONDS WEST ALONG A LINE LYING 40 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 254.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE NORTH 89 DEGREES 40 MINUTES 41 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE SOUTH 00 DEGREES 25 MINUTES 24 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1608.89 FEET TO THE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO. Form 13050 12/2015 wd.16.odt 1-16 Warranty Deed (Photographic) FC25140236 (26753887} 4280888 Pages: 7 of 8 02/24/2017 09:36 AM R Fee:$48.00 D Fee:$128.60 Carly Koppel . Clerk and Recorder, Weld C� ��O�� till VIII KIM � EXHIBIT B Property Address: VACANT LAND 120 ACRES NA 00000 RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14,1889 IN BOOK 86 AT PAGE 273. RESERVATIONS MADE BY UNION PACIFIC RAILROAD CO, IN DEED RECORDED JUNE 04, 1902, IN BOOK 201 AT PAGE 11, PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME, ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME. RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY IN INSTRUMENT RECORDED APRIL 18, 1884, IN BOOK 48 AT PAGE 109. OIL AND GAS LEASE RECORDED DECEMBER 21, 1970 UNDER RECEPTION NO. 1559254 IN BOOK 637 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. PRODUCTION AFFIDAVIT RECORDED SEPTEMBER 15, 1988 AT RECEPTION NO. 2155640. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED APRIL 03, 1974 AT RECEPTION NO. 1633347 IN BOOK 711. RIGHT OF WAY EASEMENT AS GRANTED TO UNITED STATES IN INSTRUMENT RECORDED FEBRUARY 02, 1950, IN BOOK 1262 AT PAGE 78. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 18, 1965 AT RECEPTION NO. 1454144 IN BOOK 532. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE CO IN INSTRUMENT RECORDED AUGUST 01, 1975, UNDER RECEPTION NO. 1666308 IN BOOK 744. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 23, 1981 AT RECEPTION NO. 1855828 IN BOOK 934. RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN INSTRUMENT RECORDED JANUARY 17, 1991, UNDER RECEPTION NO. 2238673 IN BOOK 1287. RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN INSTRUMENT RECORDED APRIL 15, 1993, UNDER RECEPTION NO. 2329006 IN BOOK 1378. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JUNE 08, 2001 AT RECEPTION NO. 2856029. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 20, 2004 AT RECEPTION NO. 3229333. RIGHT OF WAY EASEMENT AS GRANTED TO UNITED STATES OF AMERICA, DEPARTMENT OF ENERGY, WESTERN AREA POWER ADMINISTRATION IN INSTRUMENT RECORDED JULY 27, 2009, UNDER RECEPTION NO. 3638489. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON ALTA/NSPS LAND TITLE SURVEY CERTIFIED JUNE 08, 2016 PREPARED BY Form 13100 08/2008 b2exhibit.escrow.odt FC25140236 {27426300} 4280888 Pages: 8 of 8 02/24/2017 09:36 AM R Fee:$48.00 0 Fee:$128.50 Carly Koppes, Clerk and Recorder. Weld County CO VIII l��1A�r i I ;U+4''P �l i iM'�IIJ I��tii�IitJ 11111 AMERICAN WEST LAND SURVEYING CO., JOB #16 SAID DOCUMENT STORED AS LAND TITLE GUARANTEE COMPANY'S ESI 28283754 A) FENCE LINES DO NOT COINCIDE WITH PROPERTY LINES B) ROADS AS SHOWN C) OVERHEAD UTILITY POLES NOT IN EASEMENT NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER. THESE STATEMENTS ARE GENERAL AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY: (A) MOUNTAIN BELL TELEPHONE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870705. (B) WESTERN SLOPE GAS COMPANY, RECORDED MARCH 9, 1983 AT RECEPTION NO. 1919757. (C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 AT RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 AT RECEPTION NO. 1983584 AND RECORDED MARCH 3, 1988 AT RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 AT RECEPTION NO. 2175917. (D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870756 AND RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722. (E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31, 1984 AT RECEPTION NO. 1979784. (F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1981 AT RECEPTION NO. 1871004. (G) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2, 1985 AT RECEPTION NO. 2004300. (H) PANHANDLE EASTERN PIPELINE COMPANY, RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722. (I) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT RECEPTION NO. 2239296. Form 13100 08/2008 b2exhibit.escrow.odt FC25140236 {27426300} Northern Water Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, Colorado 80513 Phone 1-800-369-7246 • Fax 1-877-851-0018 www.northemwater.org April 7, 2017 Mr. Daniel W. Hunt President Asphalt Specialties, Inc. 10100 Dallas Street Henderson, CO 80640 RE: Petition for Inclusion Dear Mr. Hunt: The Board of Directors of Northern Colorado Water Conservancy District (Northern Water) approved your Petition for Inclusion on February 9, 2017, subject to the receipt of the Secretarial Assent from the United States Bureau of Reclamation (Reclamation). Because the Colorado -Big Thompson Project is a federal Reclamation Project, the Repayment Contract between Northern Water and Reclamation requires Secretarial Assent for all inclusions within Northern Water. On March 29, 2017, we received the Secretarial Assent from Reclamation for the inclusion of your parcel into the boundaries of Northern Water. A copy of the Secretarial Assent is enclosed for your records. Please note that Paragraph 4 of the Secretarial Assent states that the parcel for inclusion will continue to be subject to all applicable federal laws and that you, as the landowner, will be responsible for any future compliance with these federal laws. The next step in your inclusion process is for Northern Water to submit a Motion to the Weld County District Court requesting issuance of an Order of Inclusion. This process usually takes between 90 to 120 days for the District Court to complete. After the Order of Inclusion has been issued by the Court you may have your tap installed. If you have any questions, please let me know. I can be reached by telephone at 970-622-2216 or my email is mconley@northemwater.org. Sincerely, )11 c Qe31/ Marilyn Conley Inclusions Administrator me Enclosure cc: Mr. Gary Stillmunkes " EXHIBIT 11s; REPLY REFER TO. EC -1310 United States Department of the Interior BUREAU OF RECLAMATION Great Plains Region Eastern Colorado Area Office 11056 West County Road 18E Loveland, CO 80537-9711 NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Northern Colorado Water Conservancy District, organized and existing pursuant to the laws of the State of Colorado, has advised that petitions have been filed with the District Board of Directors as prescribed by the laws of the State of Colorado for changes in the boundaries of said District to include therein 117 acres for Asphalt Specialties Co. Inc., Bramming Fami lTrust, Susan E. Talbot GST Trust, John E. Bramming Trust II, Mary Alice Bramming. Kathy Bramming Brim, and Lisa Butts GST Trust within Weld County, Colorado; and. WHEREAS, the Northern Colorado Water Conservancy District has issued "Notice of Hearing" scheduled for February 09, 2017, on said petition for inclusion of lands and said "Notice of Hearing" specifically describes the lands to be considered for inclusion; and, WHEREAS, pursuant to the provisions of its contract of July 5, 1938, with the United States, the Northern Colorado Water Conservancy District, by letter dated February 09, 2017, has requested the Secretary of the Interior to assent to the changes in the boundaries of said District as proposed in the petition aforementioned; and, WHEREAS, lands associated with the inclusion continue to be subject to all applicable federal laws. Landowners are responsible for any future compliance associated with, including but not limited, to the Federal Endangered Species Act, Clean Water Act, and Clean Air Act. NOW, THEREFORE, having been fully advised in the premises and pursuant to the authority vested in me by the Secretary of the Interior and the Commissioner of the Bureau of Reclamation, I do hereby assent to the changes in the boundaries of the Northern Colorado Water Conservancy District to include the land described in the aforementioned "Notice of Hearing," copies of which are attached hereto and made a part hereof. Dated at Loveland, Colorado, this c > alt , day of ��iee-44 , 2017. J ' igne Snortland Area Manager Eastern Colorado Area Office NOTICE OF HEARING ON PETITION TO INCLUDE CERTAIN LANDS IN NORTHERN COLORADO WATER CONSERVANCY DISTRICT Notice is hereby given that a petition has been filed with the Board of Directors of Northern Colorado Water Conservancy District for inclusion within Northern Water of certain lands in Weld County hereinafter described and that the names of the Petitioners are: PETITIONER DESCRIPTION Asphalt Specialties Co., Inc. Bramming Family Trust Susan E. Talbot GST Trust John E. Bramming Trust H Mary Alice Bramming Kathy Bramming Brim Lisa Butts GST Trust A tract of land situated in Section 25, Township 1 North, Range 68 West of the 6'h P.M., County of Weld, State of Colorado described as Weld County Assessor's Parcel No. 146725000026 as desc. in Rec. #3169770, Rec. #2833396, Rec. #3169771, and Rec. #3579218. 117 Acres That in said petition, Petitioners pray for inclusion of the lands, hereinabove described, within Northern Colorado Water Conservancy District. All persons interested are hereby notified to appear before said Board of Directors at the office of Northern Water, 220 Water Avenue, Berthoud, Colorado on the 9'h day of February A.D., 2017, at the hour of 9 a.m. and show cause in writing, if any they have, why said petition should not be granted. Eric W. Wilkinson, Secretary Published: January 25, 2017 February 1, 2017 February 8, 2017 Yongge and Shoua Vue 5817 Weld County Road 6 Erie, CO 80516 303-434-2226 April 16, 2017 Weld County Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 Case # USR16-0041 We, Yongge and Shoua Vue, reside at the above address and are writing to strongly object the proposed project, USR for Mineral Resource Development Facilities. The notification card was mailed to us while we were out of the country and did not have a chance to respond to the matter until now. The facility will increase traffic, noise, pollute the air, and expose our families to toxic fumes causing health problems, some of which are long-term consequences. The asphalt fumes are toxic and irritate the eyes, nose, and throat. 1 They can also cause headaches, nausea, vomiting, and dizziness. Moreover, there are other health risks that cannot be estimated. We need to provide citizens with a safe environment and protect our community from these daily health hazards that the asphalt plant would produce. We have small children living with us and there have been childhood cancers (leukemia and other cancers) described as a result of exposure to asphalt plant pollution. Lastly. The asphalt plant decreases property value, with some estimates up to 56% loss.2 For all these reasons, we object to the asphalt plant. Sincerely, Yongge and Shoua Vue References: CDC Hazard Review. Health Effects of Occupational Exposure to Asphalt. December 2000. Downloaded 4/16/2017. https://www.cdc.gov/niosh/docs/2001-110/pdfs/2001-110.pdf Asphalt Plants. Center for Health, Environment & Justice. Factpack —PUB 131. June 2015 ASPHALT SPECIALTIES CO: 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 Name/Number 31q0A-CA- \I \car NEIGHBORHOOD MEETING April 19, 2017 North 117 acres - Multi Use Concerns/Comments Suggestions/Solutions k i.S r'Z0t I -11V 1t'�V;reIvy -CZ-Ad -i ra L () 1AT_ A' Ve ASPHALT SPECIALTIES CO: 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 Name/Number NEIGHBORHOOD MEETING April 19, 2017 North 117 acres - Multi Use Concerns/Comments Suggestions/Solutions IkE oSf a Ki sou`tk aA() Lei `litP ,�- hi/L-1 heed �`t4e6' o-kd 16244-(k ',a1 w;`fZ, Alkoi- 01/Steek„,i a A) ck GJ i �l 1tiE L e !M �i k l h ej . ASPHALT SPECIALTIES CO 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 NEIGHBORHOOD MEETING April 19, 2017 North 117 acres - Multi Use Name/Number Concerns/Comments Suggestions/Solutions &? 6IZZA ��i� G�i,�� , hwvd,7j''{1i�Y i.iE��' Y J a i N I t f % % '%F.' . t 1/4 • y'1 c 1 �M t:�ea � �M at_ivezt �..- 'ice - riS f 3 ,' p 7 Y `t It -T� y-� a - �r^ - ,, '1 rfrI� socifir, 04. • w -4 .. ',_e -t_ I- y 16.4 - - - • •-•- lii,¢ • yr t►�$ �,� V If v -� ASPHALT SPECIALTIES CO:' 10100 Dallas Street Henderson, CO 80640 (303)289-8555 Julie A. Cozad Chair, Board of County Commissioners Weld County, Colorado 1150 O Street P.O. Box 758 Greeley. CO 8063 I RE: Docket No. 2017-13. B Madam Chair: Ms. Cozad, Asphalt Specialties Co.. Inc. (ASCI) is requesting that case (USR16-0041) Bramming Family Trust and John G. Bramming Trust II, C/O Mary Alice Bramming, Trustee, C/O Hunt Brothers Properties, Inc. / Asphalt Specialties Co., Inc. be continued to a later date. We want to fully address the concerns of the citizens and neighborhood community regarding the site development uses proposed in the USR application. ASCI would like to have an additional open house to provide revised and updated site details to the neighborhood community on the specific steps we are initiating in order to be a good corporate citizen. Our first community meeting with our neighbors brought forth additional comments and suggestions that we are addressing and will provide an understanding of how ASCI is creating and shaping improvements to the site. By again reaching out to neighbors and addressing concerns or ideally, at a minimum, to mitigate the concerns raised so that ultimately this is a win -win scenario moving forward. ASCI want to ensure the neighbors and community that this is a work in progress and communicate to everyone that we are a family owned and responsible company that have their interests at the forefront. In order to achieve a successful USR application Asphalt Specialties Co., Inc. is requesting a continuance of this hearing. Sincerely, Daniel W. Hunt President Esther Gesick From: Sent: To: Subject: Attachments: Kim Ogle Monday, July 31, 2017 1:01 PM Esther Gesick; Tisa Juanicorena ADDITION TO FILE, USR16-0041 07-18-17 ASCI Crossing 2nd Review.pdf 07-18-17 ASCI Crossing 2nd Review.pdf Hello Esther, Please ad to the USR1G-0041 Case File for Bramming Trust, c/o Asphalt Specialties Thank you Kim 1 Ecolo _� cal Resource Consultants, Inc, 35715 US Hwy. 40, Suite D204'" Evergreen, CO"s 80439 "' (303) 679-4820 July 18, 2017 Scott Edgar General Manager Farmers Reservoir and Irrigation Company 80 South 27th Ave Brighton, CO 80601 Re: Technical Review: ASC! North Development ERC Project No. 340-1709 FRICO Project No. 4074 Scott, Ecological Resource Consultants, Inc. (ERC) has completed a second review of the drawings for a proposed development adjacent to the Bull Canal and Bull Canal Lateral #1 in Weld County, CO. The proposed project includes plans for a canal crossing culvert and a detention/retention pond, The project site is located southeast of the intersection of Weld County Road 6 and Weld County Road 11. This review was conducted with respect to the associated direct and indirect impacts of the proposed development. Specific attention was paid, to the conveyance capacity of the culvert and the operation of the detention/retention pond. For this review, we were provided with the following documents from Martin/Martin Consulting Engineers: • Drawing Set entitled "Bull Canal Lateral No. 1 Culvert Design and Calculations" including: o ASCI North Multiple -Use Development," Sheet C200, undated, by Martin/Martin Consulting Engineers o Area inlet in a Swale Design Worksheet, dated June 29, 2017 (1 page) o STORMCAD Results, Bull Canal Lateral No. 1, page 1 of 2, undated o Profile Report, Engineering Profile — Bull Canal Lateral No. 1 Culvert, dated June 28, 2017, page 1 of 1 • Letter titled "Request for Retention Variance — ASCI North Multi -Use Development Martin/Martin, Inc, Project No.: 1607597 (includes North Pond Concept Drawing), 1 A ERC I. ASCI North Development July 18, 2017 stamped by Mark Thornbrough, dated June 21, 2017, by Martin/Martin Consulting Engineers (2 pages), including: Letter from Scott Edgar, FRICO General Manager, Re: Drainage for ASCI North Multi -Use Development, dated June 13, 2017 (1 page) o Letter from Mark Sundstrom and Mark Thornbrough, Martin/Martin, Inc, to Haley Baizon, Weld County Planning and building Department, Re: Request for Retention Variance — ASCI North Multi -Use Development, dated June 21, 2017 (2 pages) a ASCI North Multi -Use Development Vicinity Map (1 page) Letter from Rob Laird, Cesare, Inc. Geotechnical Engineers & Construction Materials Consultants, Re: Percolation Testing Proposed Asphalt Specialties North Multi -Use Development, dated November 2, 2016 (9 pages) American Concrete Pipe Association Fill Height Tables for Precast Concrete Pipe, dated March 2001 (16 pages) Based on our initial review of the documents received we have the following comments and recom mendations: General Comments • As stated in Section 1.3 of FRICO's Design Review Manual (Rev April 2017) : FRICO expressly reserves the right to require projects to be constructed at a minimum in accordance with the guidelines set forth in the "The Farmers Reservoir and Irrigation Company Design Review Manual" ("Design Manual") in order to protect the integrity and value of the FRICO system. • A standard license agreement is required between FRICO and the developer (and any successor). A temporary construction easement and other agreements may also be required. Drawing Set Submit a final grading plan showing the proposed contours for the development. Drainage should be away from the canal to prevent runoff from the haul road or leakage/overflow from the Liquid Asphalt Storage Pit from reaching the canal or lateral. 2 A, ERC ASCI North Development July 18, 2017 • Submit a final drainage report to document existing (pre -development) conditions and proposed conditions. Include stormwater runoff/routing and calculations relating to the design of proposed drainage facilities (curb/gutter, swales, ponds, etc), • "Detail A Ditch Crossing" does not depict FRICO maintenance access. FRICO requires access on both sides of the lateral. Curb cuts should be provided to allow direct access across the haul road. Variance Request Letter According to the Weld County Design Criteria, retention ponds must be designed to contain 1.5 times the volume of runoff generated by the 100-yr, 24 -hour storm plus 1 - foot of freeboard. Retention facilities must also drain in less than 72 hours. Please submit verification that the retention facility will meet Weld County requirements. 6 Page 1 of Cesare's percolation test letter states that two percolation holes were drilled. However, the Figure 1 of the letter identifies three "Perc Test" sites. Please clarify the number, location and results of percolation tests. Updated Detail A 0 The trash rack on the inlet should be installed at about a 45° angle from the horizontal to facilitate debris removal. • The pipe outlet should not have a trashrack. This will allow debris to be flushed out of the pipe. • Pipe shall be designed and installed in accordance with Section 413 of the FRICO Design Manual. As stated in Section 4.13, all concrete conduits shall conform to the more stringent of the requirements found in AASHTO Specifications and ACI 350, "Code Requirements for Environmental Engineering for Concrete Structures" and have watertight joints. • Section 4.13 of the Design Manual requires 2 feet of cover over the pipe. The submitted load tables show that 2 feet will be adequate coverage assuming an HS -20 design vehicle. Verify that the crossing will not be used by construction traffic or heavy equipment during construction. If construction traffic will use the crossing, please resubmit loading calculations given the heaviest anticipated vehicle or equipment loads. 3 9 Recommendations ASCI North Development July 18, 2017 ERC believes that the preliminary concepts proposed in the reviewed documents are in accordance with FRICO design guidelines. These concepts include piping the Bull Canal lateral and constructing a retention pond to contain storm water. If the technical comments listed above are appropriately addressed, we could support the planned development. The developer would, however, still be required to provide final plans and supporting documents (such as a drainage study) for review and approval by FRICO. The developer must also complete standard agreements with FRICO. Our review comments should be addressed and complete plans and supporting documents should be re -submitted in PDF format. This will be a requirement for ERC recommending that FRICO provide technical approval of the plans. Thank you for the opportunity to complete this service on behalf of FRICO. Please feel free to call ERC if you have any questions regarding the review of this project. Sincerely, ECOLOGICAL RESOURCE CONSULTANTS, INC. James Koehler, P.E. Project Engineer 303-679-4820 Ext.ill iaines@erccooralo.net cc: Eve Craven Casey Sulllivan Mark Sundstrom Mark Thornbrough Rob Laird Gary Stillmunkes FRICO (via e-mail) FRICO (via e-mail) Martin/Martin (via e-mail) Martin/Martin (via e-mail) ASCI (via e-mail) ASCI (via e-mail) 4 Asphalt Specialties Co., Inc 2ND COMMUNITY MEE TIN North Multi -Use Site Weld County Road 6 Southeast of Bull Canal - SE of WCR 6 & WCR 13 Wednesday,- une 1, 2017 (5:30 - 7:00pm) Contact Number 303-994-0408 Asphalt Specialties Co., Inc. is inviting you to discuss future developmental plans at the site location. Changes have been made, to the proposed site plan, since the first initial meeting held on April 19, 2017. At the meeting on June 21st, we will review the changes and address additional comments. -e z BOAT I ON EP E TOR ASE ba4••ifd*'afc'3% lC° +1`t41'-.$1 3E CO: SrRuCfOhh I- _ FF & arti Fi t t � g P- in i y. A'-CR 6 deb m ut s USN -'f1)2 ` UTILITY `A LLITt ; LISP . Ili* RE,EI FARM 1400 t `*aS r;.PMk'!s -set 4 'i'11.r:r ,4. 3 +b41itlb Li O111:A hi USR-1 ' RAVEL MINN C BATCH PLANT "o+-qi,: n'ti 0111b AV ;i 1.1 Duane & Rhonda Linkus 2600 Weld County Road 13 Brighton, CO 80603 Vue Yongge 5817 County Road 6 Erie, CO 80516-8200 C Duane Kirkmeyer & Bernice K Kirkmeyer 583 South 22nd Avenue Brighton, CO 80601-2682 Tri-State Generation Transmission Assoc. P.O. Box 33695 Denver, Co 80233 Jordon J Gutierrez & Marie E. Gutierrez 6045 County Rd. 6 Brighton, CO 80603-9013 Hazel Frank 1596 County Rd. 15 Brighton, Co 80603 Gregg Kirkmeyer 1595 County Rd. 13 Brighton, CO 80603 Garrett Linkus 2500 Weld County Road 13 Brighton, CO 80603 Brad Linkus P.O. Box 188 Dacono, CO 80514 John & Erik Walken 2465 Weld County Road 13 Brighton, CO 80603 Barbara Kirkmeyer 6100 County Rd. 4 Brighton, CO 80603 Varra Companies, Inc 8120 Gage Street Frederick, CO 80516-9439 Regional Transportation District 1600 Blake Street Denver, CO 80202-1324 Leroy & Mary Ogden 2230 Weld County Road 13 Brighton, CO 80603 Mary Maxwell 1726 County Rd. 13 Brighton, Co 80603 Duane Kirkmeyer 1636 County Rd, 13 Brighton, CO 80603 Brad Linkus S074 Weld County Road Brighton, Co 80603 Darrell Linkus 2550 Weld County Road 13 Brighton, CO 80603 Robert & Beverly Starkel 6435 Weld County Road 6 Brighton, CO 80603 Robert & Beverly Starke! 6435 Weld County Road 6 Brighton, Co 80603 Cory & Michelle Bleeker 1163 Weld d County Road 13 Brighton, CO 80603 Otto & Karen Luhrs 1672 Weld County Road 11 Erie, Co 80516 Pact, LLC 11678 Montgomery Circle Longmont, Co 80504 June 21, 2017 Open House with Neighbors Asphalt Specialties June 21, 2017 Community Meeting Neighborhood Meeting (April 19th @ 5:30PM - 7PM) ISSUES FROM MEETING: 1. Hours of Operations— plants, office, maintenance shop? 2, 91 -acre future development and seeding (Timelines)? I Berms seeding and landscaping with shrubs, trees, what kind of seeding? 4. Lateral Ditch - if accidental spill gets to water. Who is sampling water and protecting ditch? 5. Noise - Contact lists with phone numbers for onsite at night operations — who do neighbors contact? 6. Lighting at site and plants? 7. DUST from stockpiles and recycling — windy conditions, how you handle? Who is measuring amounts? 8. Water runoff — designs at 100 -year flood criteria? Containments entering ditch and south Kirkmeyers pond. 9. Traffic Volumes — 400 trips / day, just for asphalt plant? 10, NO asphalt plant — air quality /odor concerns. 6/21/17- Revisions/Recap from previous meeting 1. ASCI will install earthen berms on east side of development area with landscaping and trees to help mitigate noise and dusts from recycle operations. (Artist Rendition Drawings) 2. Stockpiles - We have also designed our site plan for placing heavy aggregate stockpiles on the easterly edge of south property. (Drawing) 3. Landscaping plan — We are designing our landscape plan to include larger trees (15 foot spacing) and shrubs on top of the berms to also provide a buffer for noise and dust control. 4. Noise comments — ASCI have completed a noise study to show the Weld County criteria limits allowed for residential and light industrial criteria, our hours of operations are 6AM — 11PM per county acceptance. (Drawing) 5. Traffic Study— ASCI also have completed a traffic study of impacts from site to meet Weld County criteria. Which includes proposed ROW access and improvements on WCR 6. (Drawings) 6. Drainage — all drainage from site will meet the 100 -year flood plan and is being retained onsite. 7. Lighting was a concern expressed and our plan will address downcast lighting for all operations, B. Lateral Ditch — We have been designing a plan that does meet the criteria for FRICO. It includes installing a buried pipe that meets FRICO for the lateral ditch through the developed area and past the crossing road over the ditch to south side of property. 9. We have been accepted into Northern Water Conservancy and will now go through the process for installing a waterline down WCR 6 from Central Weld County water. This will serve our water needs for the site. 10. 90 Acres — We have provided weed control spray and will be installing a native dry -land seeding on the acreage this fall. 11. Land Values — concerns were that our development will lessen land values. The 153 -acre property just east on WCR 6 and 15 intersection is under contract for $12,500 per acre. 12. 2nd meeting — purpose for providing updates to plan changes and to help address concerns brought up at the last community meeting. S ■ engineering dynamics 1rt�r%d dr 24 May 2017 Mr. Rob Laird Resource Manager Asphalt Specialties Co., Inc, 10100 Dallas St., Henderson, Co 80640 RE: Asphalt Plant and Recycle Crusher Noise Measurements and Predicted Levels ASCI North Multiple Use Development EDI Job # C-4158 Dear Mr. Laird: Page 1 of 18 Voice: 303 289-8555 Engineering Dynamics, Inc. has completed a noise compliance analysis for the proposed new Asphalt Specialties (ASCII North Multiple Use Development industrial operations located at the southwest corner of WCR 6 and 13. This report describes the predicted asphalt batch plant and recycle crusher sound levels at the ASCI owned property lines and nearby properties (commercial and residential). 1.0 Background Figure 11 shows a vicinity map of the ASCI property. The proposed facility is located on the western "1 /3 of the property as shown in Figure 1.2. The location of the asphalt batch plant and recycle crusher are shown on Figure 1.2. The proposed plan to limit noise exposure to adjacent properties is, a. To construct material stockpiles on four sides of the recycle crusher. b. To locate the asphalt batch plant near the north -south center of the site and to locate material stockpiles on the east side of the asphalt batch plant c. Site layout so that trucks using the batch plant do not have to back up. Proposed hours of operation for the industrial facilities will be, a. Monday thru Friday, 6:00 am to 4:00 pm b. Saturdays, during peak construction season for the asphalt plant, 6am to as2pm. c. Asphalt batch plant is generally shut down entirely for most of December, all of January and February and some of March. d. Recycle crusher operations can continue year-round, except that during the December to February time period recycle crusher operations may not occur on a daily basis. e All facilities closed on Sundays and Holidays. 2.0 Applicable Noise Ordinance / Law State of Colorado Noise Law, 25-12-103. Maximum permissible noise levels, as adopted by Weld County. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance, see Table 2.0 below. 3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303-761-4367 e www.engdyi icuim.tovi-T-1 e Asphalt Specialties — ASCI I 24 May 2017 Page 2 of 18 Table 2.0: State of Colorado Residential and Light Industrial Noise Limits Zone I lam to next Tom 7pm to next lam 55 dBA 50 dBA Residential . 70 dBA 65 dBA L Light i industrial I10 engineering dynamics incorporated (2) In the hours between 7:00 a. m . and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten dBA for a period of not to exceed fifteen minutes in any one - hour period. NOTE: For the analysis herein, the Nighttime noise limits are used, because the Asphalt Batch Plant and Recycle crusher operations are planned to start at Sam, and the nighttime noise limit periods are from 7pm to 7am. Therefore, the morning 1 -hour of operation, from Barn to 7am, will be under the Nighttime noise limits. 3.0 Typical Noise Levels Table 3.1 shows some A -weighted noise levels of typical activities. For the average human an increase of the measured noise level of 10 dB is Subjectively Perceived as being twice as loud or half as loud for a 10 dB decrease. The decibel change at which the average human will indicate that the noise is just perceptibly louder or perceptibly quieter is 3 d P . A --weighted Noise Level (dBA) - the physical process of measuring sound with the same sensitivity to frequency as that of the human ear. A sound level meter will have, inside it, an electrical circuit that allows the meter to have the same sensitivity (response) to sound at different frequencies as the average human ear. Noise ordinances and law are typically written in terms of dBA. Ambient Noise - at a specified time, the all -encompassing sound associated with a given environment, being usually a composite of sound from many sources at many directions, near and far, including the specific sources of interest. Backgro nci or Residual Noise - at a specified time, the all -encompassing sound associated with a given environment, being usually a composite of sound from many sources at many directions, near and far, remaining in a given location in a given situation when all uniquely identifiable discrete sound sources are eliminated, rendered insignificant, or otherwise not included. Table 3.1: Qualitative oescri:ption of Typically Occurring Noise Sound Level, dB(A) Type of Noise (Human of Relative Different Judgement) Loudness Noise Levels Impression Subjective of Noise 90 Motorcycle at 25' 32 times as loud Very Loud 85 a$ Cat Dozer at 50 ft. 80 Diesel Truck, 40 mph at 50' 1 times as loud Loud 75 Average Car, 40 mph at 25' 70 Vacuum Cleaner at 3' S times as loud 65 Conversation at 3' 60 Background Music 4 times as loud 55 Air Conditioning Unit at 15' 50 Quiet Residential Twice as loud 45 Bird Calls Quiet i 40 Lower Limit Urban Da me Ambient Reference loudness 30 Back*round Quiet Suburban at Ni ■ ht 1/2 as loud 20 Barel Audible Quiet Wh is' er 1/4 as loud 1 0 Threshold of Hearing 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice: 303-761-4367 • www.engdynamics.com r' engineeringd dynamics e _ 'incorporated Asphalt Specialties — ASCI 24 May 2017 Page 3 of 18 4.0 Asphalt Batch Plant and Recycle Crusher Noise Levels at the Existing ASCI Firestone Facility The equipment which will be installed at the proposed ASCI development will be the same or nearly the same as the existing equipment at the Asphalt Specialties facility in Firestone, Colorado. Therefore, to accurately predict the level of noise from the proposed ASCI development, sound levels of existing equipment at the Firestone facility were measured during typical operations. The sound level measurement instrumentation, weather conditions and measurement results are presented below. 4.1 Measurement Instrumentation and Weather Conditions Sound level measurements were made with a Larson Davis Model 831 (Type 1) Integrating Sound Level Meter. The meter was configured to measure and record A -weighted Peak sound levels. The Model 831 was field calibrated at 94.0 dB prior to the measurement sequence with a Larson Davis Model Cal200 sound level calibrator. Post measurement sequence field calibration showed a 94.0 dB reading. Both the Model 831 and the Cal200 had a current valid 1 -year calibration certificate at the time the measurements were taken. Measurement Date — Wednesday 12 -Apr -17 Weather conditions during the measurements were Temperature — �21 ° C (70°F) Wind Speeds — <5 mph. Skies — clear. 4.2 Measured Levels Sound levels of the asphalt batch plant and recycle crusher were taken on all four sides of each piece of equipment at a distance of 100 feet from the geometric center of the equipment. Figure 4.2.1 is an aerial view of the asphalt batch plant with measurement locations shown, and Figure 4.2.2 is an aerial view of the recycle crusher with the measurement locations shown. Results of these measurements are shown in Table 4.2. Table 4.2. Asphalt Batch Plant and Recycle crusher Sound Levels., Firestone Facilit Sound Levels at 100 feet, dBA Equipment ID North South East West Asphalt Batch Plant 73 i 72 75 79 Recycle crusher 69 70 75 72 Note: At the existing Firestone facility the Asphalt Batch Plant is oriented north -to -south, while at the proposed ASCI facility the Asphalt Batch Plant will be oriented east -to -west. This orientation shift has been taken into account in the noise contour analysis. 5.0 Predicted Asphalt Batch Plant and Recycle Crusher Noise Levels at the Proposed ASCI North Multiple - Use Development The Asphalt Batch plant and Recycle Crusher sound levels at the ASCI property lines and nearest residential and commercial properties were calculated with material stockpiles present. Figure 5.1 shows distances from the asphalt batch plant and recycle crusher locations to nearest residences. Figure 5.2 shows the Industrial daytime and nighttime noise contours around the Asphalt Bach Plant and the Recycle Crusher, with stockpiles in place. Figure 5.2 also shows the residential daytime and nighttime noise contours around the Asphalt Bach Plant and the Recycle Crusher, with stockpiles in place. Predicted sound levels at the nearest residences and commercial locations shown in Figure 5.1 are listed in Table 5.1. The predicted noise levels take into account sound attenuation from proposed stockpiles. 3925 S. Kalamath St., Englewood, Colorado 80110 . Voice: 303-761-4367 0 www.engdynamics.com I engineering dynamics incorporated Asphalt Specialties — ASCI 24 May 2017 Page 4 of 13 Inspection of Table 5.1 and Figures 5.2 show, Table 5.1 shows that at nearby residences Asphalt Batch Plant and Recycle Crusher noise levels will be at or below the Weld County and State of Colorado residential nighttime noise limit of 50 dBA. Figure 5.2 shows that the predicted Light Industrial noise contours, are completely within the Development and ASCI Owned site property boundaries, except for a small incursion onto the RV storage facility to the northwest. Figure 5.2 — also shows the extent of the residential daytime and nighttime, 50 and 55 dBA, noise contours, which, extend off the ASCI site. Table 5.1; As halt Batch Plant and Recycle crusher Combined Sound Levels, dBA dBA 53 North Property Line (Development and ASCI Owned Property Line) South Property Line (Development and ASCI Property Line) 51 East Property Line (ASCI Owned Property Line) 48 West Property Line (Development and ASCI Owned Property Line) 59 47 G Kirkmeyer Residence Maxwell Residence 46 D Kirkmeyer Residence 46 Yongge Residence 49 Gutierrez Residence 44 49 RV Storage South Lot Office 6.0 Conclusions It is ED I's understanding that the Weld County Planning department is requiring, as part of the Special Use Permit approval, that Asphalt Specialties comply with the State of Colorado Daytime and Nighttime Light Industrial noise limits of 70 and 65 dBA, 25 -feet from the ASCI North Multiple -Use Development property line. The results of this analysis show that the proposed ASCI facility will comply with the Light Industrial Noise Limits, at the ASCI property lines, for Asphalt Batch Plant and Recycle crusher operations. Predicted Asphalt Batch Plant and Recycle crusher operations are below the Light Industrial Nighttime Noise Limits, except at one location; there is a slight overlap of the 65 dBA contour onto the RV storage facility, to the northwest. The RV storage facility has only one occupancy location, the facility office, which is located at the far northwest corner of the property and is well outside the 65 dBA noise contour. Additionally, this analysis shows that the predicted Asphalt Batch Plant and Recycle Crusher operations, noise levels at the nearby residences, are at or below the Weld County and State of Colorado Residential Nighttime noise limits of 50 dBA. 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice: 303-761-4367 • www.engdynamics.com d. engineering dynamics incorporated Asphalt Specialties — ASCI 24 May 2017 Page 5 of 18 If you have any questions, please contact me at our Englewood office. Sincerely, ENGINEERING DYNAMICS, INC. Ai*Asomdt-- trldsgAr Stuart D. McGregor, P.E. President 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice: 303-761-4367 • www.engdynamics.com 3925 S. 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Kalarrtath St., E rig le ood F Colorado 80110 • Voice: 303;761-64367 • vvvvviraengdynam icst ccrri dj engineering etocodrproaramteicds Asphalt Specialties — ASCI 24 May 2017 Page 8 of 18 Figure 4.2,1: Aerial View of Asphalt Batch Plant and Locations of Sound Level Measurements 3925 S, Kalar Lath St., Englewood, Colorado 80110 • Voice: 303-761-4367 • wvievv.engdynarnics.com 3925 S. Kalamath St., Englewood, Colorado 50110 0 Voice: 303-761-4367 o wviAiviengdynamics.com a ieng veer/ng edfdynamics incorporated Asphalt Specialties — AI 24 May 2017 Page 10 of 18 Figure Si : Distance from Asphalt Batch Plant and Recycle Crusher to Nearby Residences r a 1 •1 IC le 04 I I 1 L:L fcis'+ Li 2 • a sear I..Z' ,r.. �ti• L L'spar I gal r I - Y Im 1 u I! 0 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice: 303-761-4367 • uvvvw.engdynam ics ccm • '9 engineerrtIg ed war dynamics ir incorporated Asphalt Specialties — ASCI 24 May 2017 Page 11 of 13 S a 3 4 rTp arms z.4 F L_LJ I_rs J 1 A LIJ Figure 5.2: Asphalt Batch Plant and Recycle Crusher 65 and 70 dBA Noise Contours, with Stockpiles in Place 3925 S. Kalamath St., Englewood, Colorado 80110 Voice: 303-761-4367 • www.engdynamics.com e a engineering dynamics incorporated Asphalt Specialties — ASCI 24 May 2017 Page 12 of 18 Resume Stuart D. McGregor, RE■ President I Senior Engineer Professional Experience: Mr. McGregor is president of Engineering Dynamics, Inc. His experience in acoustical and vibration engineering encompasses analysis and modeling for environmental and building projects, noise and vibration mitigation design recommendations, testing of structures and devices, presentation before public deliberative bodies and testimony as an expert witness. Mr. McGregor's noise and vibration engineering and testing experience covers are wide range of applications from building acoustics related to mechanical systems and interior acoustics, environment noise, measurements and modeling for a wide range projects from gravel pits and oil and gas wells, to automobile race tracks and outdoor concert venues, seismic measurements, equipment vibration and simulated environments testing. Recent project experience covers Building Mechanical Systems — noise from building mechanical systems can make a project unusable for its intended purpose. Over the last 20 -years I have been fortunate enough to work on a large number of projects, for new construction and to mitigate noise issues on already constructed building, which pushed the limits of squeezing mechanical systems into small spaces and used innovative mechanical system designs. These opportunities have allowed me to see and analyze a wide variety of mechanical systems and required some very creative solutions. These solutions have been refined with the help of local mechanical HVAC engineers and contractors. Work I have done for building mechanical systems has included acoustical analysis, design and measurement of noise and vibration issues for new construction as well remediation for existing problems, on residential, commercial, laboratory and industrial applications. Projects have included work to minimize noise and vibration intrusion into occupied spaces from roof top and mechanical room equipment, including chillers, cooling towers, exhaust fans, air handlers, pumps and compressors, as well as noise mitigation for community noise impacts from roof top and ground based mechanical equipment. Building Interior Acoustics — begins with defining the acoustical goals for the specific project, which can vary significantly depending on the space usage; multi -family residential has very different requirements than open office spaces. Work on building interior acoustical issues has covered with sound isolation between residential spaces requiring the design / specification of demising wall and floor / ceiling assemblies that meet the project Sound Transmission Class (STC) and Impact Insulation Class (I IC) requirements. Acoustical requirements for commercial office spaces sound isolation between private offices and for conference rooms, as well as appropriate Reverberation Times (lack of echoes) for open office spaces. Noise issues for classrooms, lecture halls, and small theaters are typically limited to appropriate Reverberation Times and minimization of HVAC related noise to enhance intelligibility of the spoken word. 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice: 303-761-4367 • www.engdynamics.com d_l engineering elincodigarated Asphalt Specialties — ASCI 24 May 2017 Page 13 of 18 Environmental Noise Impact Analysis — this work begins either with a concept proposal for a proposed project or an existing facility that has received noise or ground vibration complaints. Over the last 15 -years EDI has completed a majority of the environmental noise assessments for minerals extraction projects, gravel pits, above ground equipment for mines, and noise permitting for gas compressor stations in the Rocky Mountain Region. Some recent clients include The National Park Service, BP / Amoco Production Company, Lafarge Industries, Aggregate Industries, Williams Filed Services and other resource development companies. Vibration Analysis — small levels of vibration from mechanical equipment or from occupant activities in a building can result in significant audible noise issues or render sensitive scientific instrumentation unusable. As part of EBI's building testing services we perform vibration measurement and analysis on rotating equipment (motors, fans, pumps) diagnosis of vibration transmission in buildings from mechanical equipment or scientific equipment, and designs for mitigation of vibration from sources inside and outside a building. Acoustics Teaching Experience — Mr. McGregor developed and has taught for approximately 8 -years a noise certification course geared towards the requirements that city, county and state police officers, code enforcement and planners have to enforce local noise laws and ordinances. As part of his membership in the NEBB, he is on the Sound and Vibration committee and has taught the NEBB sound and vibration certification courses. He has also, given practical noise lectures to architectural and mechanical engineering student groups at local universities. Test Engineer — for EII's Simulated Environments testing lab. Mr. McGregor both supervises and runs various vibration (sine, random and mixed mode), temperature, humidity, acceleration, sand / dust and other tests. Mr. McGregor is responsible for all aspects of the test lab ranging from quoting costs, performing tests, to writing test reports and interfacing with clients. Previous experience includes: Prior to coming to EDI Mr. McGregor's engineering experience included; Engineering Specialist at McDonnell Douglas Aircraft, Long Beach, CA, with responsibilities that included acoustical modeling, diagnosis of noise and vibration sources, and implementation of design solutions for military and commercial aircraft (1985-88). Engineer Logicon, Inc., San Pedro, CA, with primary responsibilities including analysis of strategic weapon system effectiveness (1984-85). Engineer, Survivability/Vulnerability Group, Rockwell International, Lakewood, CA, with primary responsibilities to perform survivability analysis on the B- 1 B bomber (1982-84). PROFESSIONAL Acoustical Society of America (ASA) AFFILIATIONS: Institute of Noise Control Engineering (INCE) American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) American Industrial Hygiene Association (AIHA) National Environmental Balancing Bureau (NEBB) EDUCATION: B.S., Physics, Colorado State University, 1980 PROFESSIONAL REGISTRATION: Professional Engineer in the State of Colorado NEBB Certified, Sound and Vibration 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice: 303-761-4367 • www.engdynamics.com d. engineering e I dynamics incor; orate ' Asphalt Specialties — ASCI 24 May 2017 Page 14 of 18 Environmental Noise Experience Airport/Aircraft Noise Denver International Airport, Denver, Colorado Noise Impact - Montbello: lo: As part of the lengthy planning process for the new Airport, EDI was retained by private land developers to conduct noise surveys in the Moritbello residential area and to address the potential noise impact. Centennial Airport, Littleton, Colorado EDI completed the noise impact portion of the Federal Aviation Administration's (FAA) Environmental Impact Assessment for the proposed extension of Runway 10/28 or addition of Runway 10/29. Noise measurements were taken at ten sites, including homes, schools, and parks within a 5 -mile radius of the airport. The noise data collected included aircraft type, altitude, direction and flight conditions. Flight track data was obtained during five days of observation and recording of aircraft operations from the tower cab. IFR flight strips were analyzed to obtain flight mix data. Flight track data, fleet mix, and traffic forecasts were input to I NM Version 4.0 (which includes altitude corrections) to prepare three airport alternatives for the Years 1990, 1995 and 2010. Arapahoe County Public Airport Authority Developments Included: Vintage II Development, Cherry Creek Vista Subdivision, Dove Valley Business Air Park: Stonegate Residential Area Colorado Springs Municipal Airport EDI prepared a Noise Impact Completeness Review for the Draft and Final Environmental Impact Statements (DEIS & FEIS) of the Proposed Construction and Operation of Runway 17L/35R, Airport Terminal and Ancillary Facilities. Considerations addressed included the use of appropriate descriptors of the noise environment; time -of -day and seasonal impacts; methods of computer modeling and noise monitoring; effects of aircraft maintenance operations and use by military aircraft (i.e., Peterson AFB, Fort Carson, NORAD, USAFA); commercial airline training operations; air cargo operations; and approach procedures. Expert witness testimony was also presented at public hearings held by the FM. Buckley Air National Guard Base. Aurora, Colorado Noise measurements and studies were conducted for land developers to determine the suitability of adjacent property for residential usage. Meetings were held with the Base Commander and with staff from the U.S. Air Force Environ- mental Group (1987). (EDI withdrew from the project because it was apparent that the intent of the land developers was to shut down Buckley ANG and exploit the adjacent land by using political methods unacceptable to EDI. Pitkin CCou my l _ arc!y Fiel i Aspen, Colorado EDI was retained to measure aircraft noise levels in the airport influence area and to determine the extent of the noise impact upon a proposed commercial development, the Airport Business Center. Measurements were taken over a 5 - day period and an air quality and noise impact assessment report was prepared, along with visual graphics, for presentation to the Pitkin County Commissioners. Results of the study showed that the greatest noise impact was upon the Woody Creek area, and that the impact was entirely due to the noise from jets and turboprops. The Airport Business Center was approved by the Commission and was constructed. Gallatin Field - Bozeman, Montana Noise contours were developed for an extension of the existing runway using INM M Version 2.0. A noise impact report was prepared and testimony was given at public hearings. Minot International Airport a Minot. North Dakota Noise contours were developed for an improved runway and the contours were included in a short noise impact assessment report. 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice: 303-761-4367 o www.engdynamics.com djengineeringeamiss ncor ra �e Asphalt Specialties - ASCI 24 May 2017 Page 15 of 18 Community/Traffic Planning Noise Survey/Study - Lake Tahoe, Nevada EDI performed a comprehensive noise monitoring survey of the entire Lake Tahoe region for the Tahoe Regional Planning Agency (TRPA). Representative industrial, commercial, residential and recreational sites -- 47 in all -- were monitored over a 24 -hour period. Existing ambient noise levels were also measured along major traffic corridors. This baseline data was used to create a computer model of noise levels and traffic flow throughout the region (5 counties in 2 states). EDI evaluated Community Noise Equivalent Levels (CNELs) for residential, commercial, urban and rural outdoor recreation areas (the Tahoe basin includes 20 ski resorts), and wilderness/roadless areas (the Desolation Wilderness was used by some 100,000 hikers and campers in 1990). Data obtained allowed TRPA to determine appropriateness of existing noise criteria, whether noise levels were consistent with intended land use, and the probable future impact of noise. EDI presented its analysis of this technical data in meetings with TRPA officials and various citizen's groups. EDI received a letter from W. F. Crank, TRPA Chairman, praising our Evaluation Report for "its completeness and its candor" since "It not only covers the progress and problems of the last several years, but also sets policy directions for the future." Client: TRPA Natchez Trace EDI performed a traffic noise assessment from proposed alternatives to existing roadway through the Natchez Trace Historical Parkway, Mississippi. Client: BRW I-70/I-76/Wadsworth Blvd Interchange - Denver, Colorado EDI took measurements at eight nearby residences, compared the results with U.S. Department of Housing and Urban Development (HUD) and Colorado Department of Transportation (CDOT) noise standards, developed a computer model using STAMINA 2.0, and evaluated the relative cost and effectiveness of noise barriers on a steeply sloped site. CDOT Proj. I(C )076-1(151); Client: Turner Collie & Braden City of Pueblo, Colorado - Department of Transportation EDI provided 24 -hour noise measurements for a proposed Transit Plaza and Bus Transfer Facility to be located in downtown Pueblo. Results were analyzed relative to the criteria of Federal Transportation Authority Circular UMTA C5620.1 for environmental assessment of urban mass transit projects. It was determined that the noise impact of constructing the Facility and projected traffic increases would range from "Insignificant" to "Possibly Significant' at surrounding buildings. Noise mitigation measures were suggested. EDI also performed a study of vibration caused by bus traffic. City of Aurora, Colorado, - Public Works Department: Buckley, Sable and Laredo Streets Extension: EDI conducted an acoustical impact study for extension of Buckley Road from Colfax Avenue to Smith Road. Existing traffic levels and mix, noise sources and levels were established. Expected traffic volume increase was calculated through the Year 2010, accounting for the opening of Denver International Airport and associated development and construction. An Leg -85 dB(A) contour was determined showing an impact area 100 to 150 feet from the centerline of Buckley Road. City of Colorado Street Division, EDI provided analysis of noise impact of a Satellite Facility at Woodman Road and Rockrirn m on on nearby apartments and retail centers. The use of a front end loader was of special concern; it was determined the loader would be audible at residences about 50% of the time. Appropriate noise barriers were prescribed. 3925 S. Kalamath St., Englewood, Colorado 80110 0 Voice: 303-761-4367 0 www.engdynamics.com a eng nee.rirrg irtincodryponarantleicds Asphalt Specialties — ASCI 24 May 2017 Page 16 of 18 Energy/Mining Operations Aspen Gun Club, As -en Colorado EDI measured gunfire noise at the Executive Security International training range, adjacent to the White Star Ranches Subdivision. Noise levels were found to exceed the limits set by Colorado Revised Statutes, Title 25-12-103, which includes a 5 dB penalty for "impulsive" noise. EDI reviewed plans for a noise control structure and found that the initial plan would not provide sufficient noise reduction. Cooley Gravel - 88th end Dahlia Pit, Golden., Colorado Cooley Gravel had applied for a conditional permit for 24 -hour operations during the Summer of 1993. EDI measured noise levels from equipment scheduled for operation in the Pit, calculated estimated noise levels at nearby residences and specified berm heights to achieve the State of Colorado 50 dB(A) nighttime noise limit at these residences. EDI presented the analysis results before the Commerce City Commissioners and 24 -hour operations permit was granted. EDI followed up with random noise monitoring to demonstrate compliance with the nighttime noise limit and presented these results before the Commissioners. Centennial Materials, Franktown, Colorado EDI performed noise measurements at the McClain Pit near Franktown, Colorado to demonstrate that noise from Pit operations did not exceed that State of Colorado 55 dB(A) noise limit at the property boundary. Cooley Gavel Company Morrison Quarry, Morrison`Colorado This large quarry operates in mountainous terrain within visual range of southwestern suburban Denver. Haul truck routes skirt the Willowbrook subdivision. Following extensive negotiations, in 1991 Cooley was granted a permit for 24 -hour operations. EDI first took measurements to establish the maximum noise level on the haul road which would still produce acceptable levels when transmitted to nearby homes. Then to verify continuous compliance with State of Colorado limits for "impulsive" nighttime noise in a Residential zone (the most restrictive standard), EDI designed and fabricated a custom noise/wind speed monitor. Trucks which exceed the set noise limit set off an automatic alarm and are also "captured" on video camera. EDI took post -installation measurements to confirm the monitor's perfor- mance. EDI also prepared driving and road maintenance guidelines. Truckers now compete for the quietest recorded runs. EDI also provided noise control for Cooley Asphalt Batch Plants in Thornton and Sedalia, CO. Sheep Mountain Quarry -Jefferson County, Colorado EDI is providing noise impact assessment for this proposed rock quarry to be located east of Golden, CO. Various operating plans have been considered. Work to date has included: Analysis of noise emissions from mining equipment; design of noise control systems; analysis of haul truck noise along U.S. 6 and State Highway 58, using STAMINA; calibration of noise model with actual traffic measurements along the haul route corridor; determination of particulate generation associated with quarry operations and design of emission control methods; analysis of haul truck emissions on air quality along haul routes; and extensive testimony at public hearings and before the County Commission, 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice: 303-761-4367 • www.engdynamics.com e rgi.„eer ty dynes ics clin�cor o rated Asphalt Specialties — ASCI 24 May 2017 Page 17 of 18 ARTILLERY, GUN CLUBS AND FIRING RANGES Colorado Department of Millitarq Affairs Environmental impact assessment for proposed Colorado National Guard Limon, Colorado training site. The proposed facility was to include a live fire area and tracked and wheeled vehicle maneuver areas. Thunder ''alleSh©utin+RRanae and Sports Cycle Facility Noise impact assessment of proposed law enforcement shooting range, sport cycle, multi -use facility located in Jefferson County. EDI recommended noise mitigation designs. Military Shooting and Vehicle Training Range EDI is acting as the prime Professional of an Environmental Assessment for a proposed Military Training Facility. Activities that will occur at the Facility are handgun and rifle (including fully automatic weapon) gun training and certification and some artillery firing. Details of the project are to remain confidential until completion. Colorado Springs1 Colorado - Police Firing Range EDI provided noise impact assessment of Range activities and mitigation designs recommendations to minimize noise on nearby residences and Community College. Client: GMS, Inc. Golden Gun Club, Golden, Colorado EDI performed noise measurements at nearby residences during various shooting activities; large and small bore handgun and rifle competition and trap competition. This data was used to provide construction design recommendations for reducing gunfire noise at nearby residences. EDI's recommendations were incorporated into presentation given the County Commissioners. Client: Golden Gun Club Cherry Creek Reservoir Range, Aurora, Colorado EDI measured gunfire noise levels produced from three different caliber rifles at the range property line. The caliber of rifles measured were 0.338, 0.416 and 0.454; no data on the projectile weights and load size was recorded. Results of the measurements were presented to the County commissioners for Owner to get approval to provide a facility for hunters to sight -in rifles. Client: Alan Duckworth 300 Gunsmith. Aspen Gun Club! Aspen, Colorado EDI measured gunfire noise at the Executive Security International training range, adjacent to the White Star Ranches Subdivision. Noise levels were found to exceed the limits set by Colorado Revised Statutes, Title 25-12-103, which includes a 5 dB penalty for "impulsive' noise. EDI reviewed plans for a noise control structure and found that the initial plan would not provide sufficient noise reduction. Cherry Creek Gun Club, Arapahoe County, Colorado EDI measured firearm noise at nine sites on the Club property line, located on Clinton Street in Arapahoe County, CO. EDI designed underground ranges for handguns and large bore firearms, noise control for an observation room, and air purge intake and exhaust mufflers. 3925 S. Kalamath St., Englewood, Colorado 80110 • Voice; 303-761-4367 • www.engdynamics.com 1. engineering eI incedrpoi r ramiteilics d Asphalt Specialties — ASCI 24 May 2017 Page 18 of 18 National Parks And Ski Areas Breckenriclge Ski Area — environmental noise impact assessment for Peak 7 and Peak 9 expansions. Yosemite National Park Noise assessment for various roadway traffic use patterns. Assessment primarily addressed traffic use patterns and re-routing of traffic to limit vehicle access to Yosemite Valley. Noise levels of diesel and electric buses were measured to determine the level of noise reduction from replacing diesel buses with electric buses. Client: BRW Yellowstone and Grand Teton Nation _ s, Wyoming An environmental noise impact assessment was performed to evaluate existing and proposed alternatives for winter recreational vehicle use. The primary impact was from snowmobile use. The alternatives examined ranged from tighter noise emission restrictions to the elimination of snowmobile use. Client: BRW Breckenridge kiArea� reckenridge, Colorado EDI performed an environmental noise assessment for the proposed expansion of Peaks 7 and 6. This assessment included background noise measurements at various residential locations and noise emission properties of several snow making devices, while in operation. The noise impact of the proposed expansion was modeled at various locations and noise contours were generated. This assessment was submitted in a formal report to the U.S. Forest Service for inclusion in the Departments Official Environmental Impact Report. Aspen Flip hla.:nd GondolatAspen, Colorado E D I conducted a Noise Impact Assessment for a proposed gondola. Client: Aspen Ski Company Buttermilk Ski Area, Aspen, Colorado EDI performed a noise study and preliminary environmental consulting for the ski area's 1998 master plan proposed conditions. Client: Maroon Creek Ranch 3925 S. Kalamath ath St.! Englewood, Colorado 80110 • Voice: 303-761-4367 • www.eng dynarn ics ,corn 0 0 ta- oin rr--N 4D - LaAJ li ran li 0 -O �0 N H z 5 CL -J CO cC Et O LL a_ 2 0 F- z O 0 LI Li J 'LU 0 z EXISTING ASE; PRDRERTY BOUNDARY SLr'AY I LE.•1 ALL DIJEN5 AND RECYCLE CRUSHER ASCI NORTH MULTIPILE-USE DEVELOPMENT N W U L. L. L7 in O W W AlJ + LS n c` .; 6.11 th Z C a a rc J 5 q 3 CWr - z e rs rii 2V eia VIC, u'j .L W ! H o n �ujtv l t Asphalt Specialties Co., Inc. COMMUNITY MEETING Wednesday, April 19th, 2017 (5:30pm - 7:00pm) North Multi -Use Site Weld County Road 6 Southeast of Bull Canal SE of WCR 6 & WCR 13 303-994-0408 Asphalt Specialties Co., Inc. is inviting you to our proposed site location to discuss future development plans. We want to hear from our neighbors and address comments you have. ill I r .eq -jc :r —1 4.1 • Y • ur,ss +b$. ;7:i'; Y E."; ia•ar nrY1f. .,a Y • Y ,absr �I i� ,Qr11T �Yt`i1Yit 0 sin :'II Mt* tan T s •° i11C•i- na':�a,.: y.A . . ,.JM Oils r t F r EU : •a, 'Ma .k1!aV• V' ,, i*VQ■ 4,1111Plld U33Q 134 GRAVEL UMW, OM V •1 r �'�.y • C I • 4, s. i 7•:i "'SO I +.Y 1'„a.::11 a_ .an 1 -V -44 -lititer ♦ a s ,.eI " Oft I • 10-s V:42:".. , { 4!'s 9' 1 C e 0 U in Ili IV . Lai w a U, 4.0 se a til ASPHALT SPECIALTIR:.s CO 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289.7707 Name Number NEIGHBORHOOD MEETING April 19, 2017 North 117 acres - Multi Use Concern s/Comments C.)J 1,9Cyrer ite irsk. t S (-Novo.1 ku.QJAIL, ,(. /nit y c.,s_gertici Cds Siigcstions/ oluitiot�s artirett-iL pc-LAA ih/O'Neo ASP H A L T SPECIALTIES CO: 10100 Dallas St. Henderson, CO 80640 0 (303) 289-8555 0 Fax: (303) 289-7707 NEIGHBORHOOD MEETING April 19, 2017 North 117 acres a Multi Use Narne/Number Concerns/Comments 11az e! Filet ic SuSuggestions/ olut ons Ike, 00 Q. J o utk bD uvultfl qad `�ltiP &Jok pIcii heed 1-z) be es() d /tem card (e0;%1101 D Mptar e+Stee tec,4 WIGI geed rito Thet;14, iethted ASPHALT SPECIALTIES CO: Name/Number 7,2) 4,4 Nadi tot ti (714/ a/o¼sY qte ditA u I NEIGHBORHOOD MEETING April 19, 1017 North 117 acres - , Multi Use 10100 Dallas St. * Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 2894707 Concerns/Comments Su estious/ oJutions iiceuea feomi 6770-6204 di(tmodwu t a G%7 rp >El ai/A "te C a it‘( ai(atsifriffrel cite" h r t Lac a - I' (2772 ti taizeic • 's kr• --- .-- . A tieiliP et. tip 40 fellt Oa sr cc � 1 i;) Iraq ti• rtra • fl ≤' I CS Cr ti Cei • i • — —� r — ran LANDSCAPE AREA -93,0W S F ± l e"°111� .I Y Doi ,11 'AI 141 414041#1"*"- _.r. • 1 Yf1 Tat- e 1.47;x-11 I. 05 • • Yr • • • ,s Ion ' i X LAO ger ,S- 1' r of • ;' 7 . I. • • • -2t4;cc /` • • • • r _ aramst e.a drama • 4 YY4.4 f fiq r -•- 4.-a . ▪ W 0- ' W .. - alas AC n d 'I 144 ;tit Lk 4 ti ;LI et acitivPgi et" sX • • W If 414 • •• •. • •• • 1 I • '. _• • ,Y. I i r CU ni I' • ♦ p:? F' 4 ,.. • •I P. -J 154 R, k I el V i' ‘1.• 9 ,'` • y'Ig ise • ev k lbw n •� t••• -I n_ — '-• s` •' 4 I, Lot 'I cla I ea st H _ma S it ✓ ▪ 1. 444 f 1 I' 1 -inesl " r,q I L JI.I 1 - i r an t t r ' t - ,f~ co z 6.4 43 a twe 5 Pis A 1 I • IA V hiPZint targi LO o rite • rat tee'r -Or • tr— • ear id in - cc us 1 / tr- 41, 4.3 itg Lare it▪ s • • 473 Cie .51 • ral N 7 in rpfir ae aer AMENDED RESOLUTION (This Amended Resolution is for the purpose of complying with the Court's Order of Remand in the case of Mother/ove Herbal Company, et al, v The Board of County Commissioners of Weld County, et al, Case No, 2015 CV 30776, wherein the Court's directive was for the Board to amend its Resolution of August 12, 2015, so as to include in a more complete Findings of Fact supporting the Board s decision ) RE: APPROVE AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0027 (FORMERLY KNOWN AS USR-1584) FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS WITH TWO SHOP BUILDINGS, OFFICE BUILDINGS, AND OUTDOOR STORAGE) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS TO INCLUDE A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING ASPHALT AND CONCRETE BATCH PLANTS (MATERIALS PROCESSING) AND TRANSLOADING IN THE A (AGRICULTURAL) ZONE DISTRICT -- WELD LV, LLC, AND GERRARD INVESTIMIENTS, LLC, CIO MARTIN MARIETTA WHEREAS, the Board of County Commissioners of Weld County, Cotcrado, 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 4 G Cc ee)-i., (iNiQ 0 tr apa rn "LE IL P4 0 ir-q ice U— dt; tit Nye a IN et A� WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of August, 2015, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Weld LV, LLC, 3821 Derby Trail, Round Rock, TX 78681, and Gerrard Investments, LLC, 27486 CR 13, Loveland, CO 80534, c/a Martin Marietta, 10170 Church Ranch. Way, Suite 201, Westminster, CO 80021, for an Amendment to a Site Specific Development Plan and Use by Special Review Permit, USR15-O027 (formerly known as USR-1584) for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business with two shop buildings, office buildings, and outdoor storage) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions to include a Mineral Resource Development Facility, including asphalt and concrete batch plants (materials processing) and transloading in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RE -2803; being part of the SW1 /4 and SE 1 /4, and a tract being part of the SW1/4, all in Section 18, Township 5 North,. Range 67 West of the 6th RM., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and represented by Caralynne White, Attorney, and Pam Nora, Tetra Tech, 1900 S. Sunset Std, Suite 1E, Longmont, CO 80501, and, WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and PLC. OCR r •fG(Ye), CA c as) P ( U L) , fl �f C Lis) ,PLC 'f`1 ) / -#f ICp 2016-3108 PL2360 SPECIAL REVIEW PERMIT (U R 1 S-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC. C/O MARTIN MARIETTA PAGE 2 WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the unfavorable recommendation of the Weld County Planning Commission and ail of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-280 of the Weld County Code. It is theopinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230 B of the Weld County Code as follows: A. Section 23-2-230.B 1 -- The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinances in effect Section 22-2-20 G (A Goal 7) states: "County land use regulations should protect the individual property owner's rights to request a land use change." A, P'ol i cy7.1 states: "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture to locate within agricultural areas, when the impact to surrounding properties can be mitigated a n d where adequate services are currently available or reasonably obtainable." A.Policy 7.2 says: "Conversion of agricultural land to non -urban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development: and should attempt to be compatible with the region. a Cam, c s COIN *a :�: a OM- aille Rtim shmtiaLt et -Nits= m gi•A tem al in to e eip weata The proposed use is in an area that can support development and it is compatible with the region. It is situated on two parcels, a portion of which will remain as irrigated grassland. Adjacent surrounding land uses include a permitted industrial construction business and storage yard, a permitted commercial wedding business and event venue, agricultural uses, residences, and open areas The region along the L. . Highway 34 corridor, within the three (3) mile referral area, is converting to commercial and industrial land uses Adequate services are available to the proposed use. The site is approximately one-half mile south of Highway 34, about two (2) miles west of Interstate 25, just off of County Road ( R) 13. At full buildout, in 2035, the average daily trips to the site will be 2,260, with initially daily trips averaging 1,120 County Road 13 is a paved arterial and is designed to handle up 17,000 daily trips. Water and septic are also available to the site. The proposed use is next to two (2) major rail lines and is immediately adjacent to the Union Pacific rail line. Therefore, it complies with Section 22-2-80 A. (I .Goal 1), which promotes industrial uses 'along railroad infrastructure or where adequate sw r ifices ate ca r r er rtly available cm reasonably attainable." 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 3 The seven (7) Conditions of Approval and 42 Development Standards will mitigate the impacts of the proposed use on the adjacent properties and ensure compatibility with surrounding land uses Through the Improvements and Road Maintenance Agreement, the County will ensure the development pays for improvements to CR 13 and Highway 34, which will include traffic signalization at the intersection. The agreement will also include conditions for maintenance, dust control, damage repair, specified haul routes and future traffic triggers for additional improvements. It will require the applicant to 1) construct auxiliary turn lanes at the intersection of CR 54 and CR 13 when certain triggers are met; 2) construct a southbound left deceleration lane and a northbound right acceleration lane and a northbound right deceleration lane on CR 13 at the facility entrance; and 3) upgrade the existing auxiliary turn lanes on Highway 34 as required by CDOT Through the Improvements and Road Maintenance Agreement, Section 22-2-80.0 (I Goah 4) will be satisfied, which encourages industrial development to "pay its own way " The proposed use is consistent with Section 22-2-20,B (A.Goal 2 and (A Policy 2.2), which encourages commercial and industrial uses directly related to or dependent upon agriculture The proposed use will maintain and promote agriculture_ It will supply aggregate to construct and maintain farm -to -market roads. Aggregate, asphalt and concrete from the proposed use will also be used for the construction of dikes, spillways, ditch liners, feed areas, processing plants, irrigation structures, loafing sheds, dairy parlors and runoff control on farms, and to build and maintain roads used to get agricultural products to markets. 8 TI MAN rY j L air+ rr n p. -14 a; V141 *, n1 tars a oar, as 0,8 The proposed use is consistent with Section 22-2-20 H (A.Goal 8, A.Policy 8.3, and A.Policy 8.4), which require that adequate services and facilities, especially roadways and stormwater management, be available or obtainable to accommodate land use changes for more intensive development Currently, and with the required improvements, CR 13 and Highway 34 will have adequate width, classification and structural capacity to serve the vehicles accessing the proposed use. There will be adequate stormwater drainage to accommodate the proposed use The applicant's Final Drainage Report shows drainage measures for the property which detain runoff/stormwater and include required water quality features to meet state and county requirements for runoff/stormwater. The proposed use is consistent with Section 22-2-20.1 (A.Goal 9, A Policy 9.2, A.Policy 9 3, and A.Policy 9 5). Those encourage the reduction of potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses, and the use of mitigation to address potential incompatibility issues. The seven (7) Conditions of Approval and 42 Development Standards include mitigation measures on 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS. LLC, C/O MARTIN MARIETTA PAGE 4 many aspects of the proposed operation, which will reduce the potential for conflict with surrounding land uses, including berming, landscaping, fencing and design features of the structures The proposed use is consistent with the County's "Right to Farm" policy in Section 22-2-20,J (A Goal 10), which provides: "Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area The policy does not prevent the conversion of farmland to other uses Instead, it puts new residential users on notice that there are agricultural uses in the vicinity that may impact their urban and suburban lifestyles. B Section 23-2-230 B 2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District Section 23-3-10 states one of the intents of the A (Agricultural) Zone District is "to provide areas for the conduct of USES by Special Review which have been determined to be more intense or to have a potentially greater impact than USES Allowed by Right." Section 23-3-40 A.4 and 7 allow a USR permit in the A (Agricultural) Zone District for "Mineral resource development facilities including: 4 asphalt and concrete batch plants 7 TRANSLOADING " The proposed use will be an asphalt plant, concrete plant and transloading facility It will produce materials used in agriculture and directly for agriculture This Includes aggregate for roads which will allow the agricultural community to get their product from farm to market. The materials will also be used to build infrastructure used in agriculture Thus, the proposed use is consistent with the intent of the A (Agricultural) Zone District C. Section 23-2-230 B 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses Adjacent surrounding land uses include an existing, permitted industrial construction business and storage yard, permitted commercial wedding business and event venue, agricultural uses, residences, and open areas. A series of maps submitted by the applicant, based on County zoning designations, show how the region along the Highway 34 Corridor and the three (3) mile referral area includes a significant number of commercial and industrial land uses The area is likely to become more commercial and industrial, mainly because of the transportation and rail infrastructure. Traffic generated from the proposed use will not significantly, adversely affect existing surrounding land uses. The proposed use is expected to be 1,120 daily trips: 2,260 daily trips are anticipated at buildout in 2035. County Road 13 is built to handle up to 17,000 daily trips. The nearby residential subdivision generates 990 daily trips currently. Traffic volume currently on Highway 34 is 42,000 daily trips Future permitted development at Highway 34 and CR 13 is projected to generate 4249961 Pages: 4 of 21 11101/2916 12:24 PM R Fce:$0.00 Carly KoapesClerk and Recorder, Weld County CO ■III ItrdKri" :h t ivilil h 0:04DLICO, Sill 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 5 approximately 28,000 additional daily trips. The additional traffic generated from the USR site will be mitigated through the following actions of the applicant: 1) construction of auxiliary turn lanes at the intersection of CR 54 and CR 13 when certain triggers are met; 2) construction of a southbound left deceleration lane and a northbound right acceleration lane and a northbound right deceleration lane on CR 13 at the facility entrance; 3) upgrade of the existing auxiliary turn lanes on Highway 34 as required by CDOT; 4) construction of improvements at railroad tracks; and 5) signalization of the intersection at Highway 34 and CR 13 Additional traffic expected from the site onto Highway 34 Is minimal - approximately three percent (3%) of the total volume The proposed use is uniquely suited for the area, being located next to two (2) major rail lines, and immediately adjacent to the Union Pacific rail line. The seve (7) Conditions of Approval and 42 Development Standards will not only ensure, but enhance the compatibility with existing, surrounding land uses by mitigating any issues Even though the nearest home to the facility is approximately 1,000 feet away, noise has been mitigated to be at the residential standard of 55/50 dB(A) An extensive Landscaping, Buffering and Screening Plan will be required on the site, including landscaping on neighboring properties, Dust will be controlled on the site. The entryway to the site and key areas of visual concern will be mitigated with landscaping, decorative fencing and painting of the buildings with earth -tone colors. Hours of operation are consistent with traditional farming practices and the majority of the general public's work hours. D Section 23-2-230.B 4 --The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. Maps submitted by the applicant show the proposed use is located in an area with many surrounding properties zoned or permitted for commercial and industrial uses, The maps demonstrate the proposed use is compatible with future development in the area, as evidenced by the substantial number of properties in the vicinity designated as industrial or commercial use The area is also suitable for commercial and industrial uses because of the road infrastructure and the Union Pacific and Great Western rail lines in the area, which support industrial uses, including the proposed use. Additionally, there is a high likelihood that existing transportation infrastructure will attract more commercial and industrial development in the area 4249981 Polies: 5 of 21 11/®1/2@16 12:24 PM R Fee'$$.@@ Carly Koppas, Clerk and Retarder, Wald County, CO NIPc/ %I C11I tH jI UMI 2016-3148 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) — WELD LV.. LLC, AND GERRARD INVESTMENTS, LLC, CIO MARTIN MARIETTA PAGE 6 The site is located on the Highway 34 corridor The corridor has an approved Access Management Plan The site is not located in the Windsor Planning Area or the City of Greeley's Growth Management Area, nor is it in Greeley's proposed annexation area. The Town of Johnstown has a Comprehensive Land Use Plan that is from 2006 This site is located within the three (3) mile referral areas of the Town of Windsor, the Town of Johnstown, City of Greeley and the City of Loveland The proposed use is outside of Loveland's Growth Management Area. There is an existing Intergovernmental Agreement (IGA) among Weld County Larimer County, Greeley, Johnstown, Loveland, Windsor and CDOT for the Highway 34 corridor, which includes an Access Management Plan and discusses planned future development along the corridor and area The proposed use is consistent and compatible with the long range plans of CDOT and the IGA, which calls for signalization at Highway 34 and CR 13 and, ultimately, the construction of an interchange at this location Greeley's 2060 Master Plan recognizes the importance of putting industrial uses along rail lines The Greeley City Council, b a letter dated May 27, 2015, urges careful consideration, but generally supports the application for the proposed use Windsor has no plans to annex south of Highway 34: however, they have approved and are planning commercial and industrial developments in the Highway 34 Corridor O V � V nN v 4 ®dx ry w� '3 - fegtI ch ma" IZN03:a m_ AMY L■ Johnstown has not updated its Comprehensive Plan in over nine (9) years The State statute requires review and updates of such plans at least every five (5) years to ensure local governments are planning for future growth and utilities Johnstown's Town Planner stated the Town believes they can provide sewer to the area In the last two years. Johnstown has approved a multi -use commercial and residential development and a truck parking and transload facility at the Highway 34 and CR 13 intersection. Also located in Johnstown and along the Highway 34 corridor is the Ironhorse Industrial Park_ Section22-2-20 G,3 (A Policy 7 3) states: A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion [of agricultural land to another use]." The applicant's Transportation Impact Study was reviewed by the City of Loveland and met the Larimer County Urban Area Street Standards requirements for scope of analysis. E Section 23-2-230 B 5 — The proposed use is not located within an Overlay District Area or a Special Flood Hazard Area identified by maps officially adopted by the County 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 7 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 applicant has made an effort to conserve prime farmland through the configuration of its site The proposed use will cover only a portion of the overall property, some of which was taken out of agricultural production previously with the approval of USR-1564, A significant portion of the property (30 acres) will remain open with irrigated grassland and will be recoverable into agriculture production The 30 acres will also be used as a buffer to adjacent properties. By clustering the industrial activities on the site as far west as possible, and preserving a substantial portion of the site, the applicant has shown diligent efforts to preserve as much prime farmland as possible The Board does not interpret the requirement that an applicant make a diligent effort to conserve prime farmland as a mandate that prime farmland may never be converted to any other use The Board must balance the goal of preserving prime farm land with its other goals for the development of Weld County. The 1979 Soil Conservation Service Important Farmlands of Weld County Map, which designates the proposed site as prime farmland, also designates that area where the lndianhead Estates Subdivision is now located as prime farmland The proposed use is dependent upon being located adjacent to adequate road infrastructure and rail The site is in an area that is transitioning to industrial and commercial uses due to extensive road infrastructure and the location of rail. This makes the site ideal for the location of the proposed use. G 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 ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The seven (7) Conditions of Approval and 42 Development Standards governing the proposed use will ensure there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The Conditions of Approval and Development Standards will ensure the proposed use does not cause disruption to the nearby residential properties. Many of the Development Standards include compliance with state and federal requirements, including the Solid Waste Disposal Sites and Facilities Act; Colorado Air Quality Regulations, rules of the Colorado Water Quality Control Division, and adherence to the Colorado Department of Labor and Employment, 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) —WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C!O MARTIN MARIETTA PAGE 8 Division of Oil and Public Safety Underground and Above Ground Tank Regulations Hours of operation have been restricted to be consistent and compatible with traditional farming practices in the area and with the majority of the general public's work hours. There are limited hours on Saturday and no hours of operation on Sundays. The facility may operate at night, only when material is requested by cities, counties, or COOT for night paving projects, but no more than three (3) times per month and requires advanced notice to the Weld County Planning Services Director for any night operations There is a requirement that landscaping and screening be installed and maintained on the site, which will act as a buffer between the proposed use and nearby properties. Landscaping will include clumps of deciduous and evergreen trees around the perimeter, as well as proposed screening berms which will have vegetative cover Also required is the establishment of a $100,000 fund for landscaping on neighboring properties, and the creation of a Community Working Group to address, among other things, how the fund should be spent One of the Development Standards requires that historic flow patterns and runoff amounts must be maintained on the site Fugitive dust must also be controlled an the site The applicant is required to adhere to its Oust Abatement Plan The proposed use must comply with the Air Pollution Emission Notice permit requirements. The applicant's air study shows that air emissions from the proposed use at the property boundary and nearby residences will be below the National Ambient Air Quality Standards (NAAQS) and all other required air emission standards According to the applicant's air expert, metals coming out of the facility will not adversely affect an adjacent organic farm. Additionally, Dr Scott Phillips, a medical toxicologist, testified that the emissions from the site will not cause acute or chronic health effects Compliance with a Spill Prevention, Control and Countermeasure Plan is required. Washing areas must capture all effluent and prevent discharges in accordance with the Colorado Water Quality Control Commission and the Environmental Protection Agency (EPA). The proposed use must adhere to maximum permissible noise levels of 55 dB(A) during the day and 50 d8(A) at night at adjacent residential lots. This is a higher standard (residential) than the one for industrial. The applicant is required to have a Noise Mitigation Plan, which includes monitoring. Should the monitoring find that the facility exceeds the allowed levels, the applicant must then identify the source and take corrective 4249961 fasters: 6 of 21 )1/01/2010 12:24 PM R fee:$0,00 CarLw Koppes Clerk and Reorder. WOW COunly, CO 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 9 actions The applicant will be subject to penalties imposed by the CDPHE if the noise violations are not corrected. The proposed use must meet odor standards as determined by state rules (7 to 1 dilution for odors detected off -site) The asphalt plant is required to operate with vertical liquid AC storage tanks, carbon liners, and an emission capturing system. A certified 'Nasal Ranger" is required to be on -site whenever the asphalt plant is operating. Sources of light must not shine directly onto adjacent properties to the extent it would cause a nuisance or interfere with the uses on those properties All light poles are limited to a height of 25 feet The applicant is required to submit an Emergency Action and Safety Plan developed in conjunction with the Front Range Fire Rescue Authority and the Weld County Office of Emergency Management. The applicant is required to comply with the Plan The applicant must submit a Decommissioning Plan that requires after termination of operations restoration of the property to its condition which existed prior to the commencement of the operation The applicant is required to enter into an Improvements and Road Maintenance Agreement which will require conditions for maintenance, dust control, road damage repair, specified haul routes, and future traffic triggers for additional improvements There is a requirement that certain infrastructure improvements will begin immediately. These infrastructure improvements will accommodate increased traffic from the proposed use and will enhance safety One of the Development Standards includes requirements related to the appearance of the buildings on the site 3 The Board of County Commissioners disagrees with the the conclusions of the Department of Planning Services and the recommendation of the Planning Commission that the proposed use is inconsistent with the County's Comprehensive Plan, for the following reasons: A Staff and Planning Commission concluded that the proposed use does not comply with Section 22-2-20.G 1 (A.Policy7 1), because it does not directly pertain to agriculture and it will remove 90 acres of prime farmland from production Instead, the Board finds that the proposed use is directly related to agriculture. The facility will be a major source of aggregate, concrete and asphalt in Weld County. Aggregate will be used for construction of farm to market roads and will be used on farms, for feed areas, processing plants and other facilities Concrete and asphalt produced at the site will also be available to build barns, feed areas, agricultural processing plants and roads to access those facilities 4249961 Pages: 9 of 21 11/01/2016 12:24 PM R Fee:$@.00 Carly Keppes, Clerk and Recorder, Weld County, GO VIII Init"r4 ilviArAlf III 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, CIO MARTIN MARIETTA PAGE 10 Additionally, Section 23-3-10 says one of the intents of the A (Agricultural) Zone District is "to provide areas for the conduct of USES by Special Review which have been determined to be more intense or to have a potentially greater impact than USES Allowed by Right_" Section 23-3-40.A 4 and .7 allow a USR permit in the A (Agricultural) Zone District for "Mineral resource development facilities including: 4 asphalt and concrete batch plants. 7. TRANSLOADING " The proposed use will be an asphalt plant, concrete plant and transloading facility It may be allowed to operate in the A (Agricultural) Zone District through the granting of a USR permit. So the proposed use is consistent with the intent of the A (Agricultural) Zone District. B. The Board disagrees with Staff's and Planning Commission's conclusion that the proposed use should be denied because it does not adequately preserve prime farmland. A portion of the property was previously taken out of agricultural production through the granting of USR-1584 Additionally, the proposed use will retain 30 acres in native grassland, which may be used for agricultural production in the future By clustering the industrial activities on the site as far west as possible, and preserving a substantial portion of the site, the applicant has shown diligent efforts to preserve as much prime farmland as possible The Board does not interpret the requirement that an applicant make a diligent effort to conserve prime farmland as a mandate that prime farmland may never be converted to any other use There must be a balance between the goal of preserving prime farm land and other goals for the development of Weld County The Board believes Staff and the Planning Commission did not adequately take this into consideration C The Board disagrees with Staff's and Planning Commission's conclusion that the proposed use is inconsistent with Section 22-2-20 G.2 (A Palicy7.2) The Board concludes that the proposed use is in an area that can support such development and, therefore, is consistent with A.Policy7 2. The region and, in particular, the Highway 34 corridor, is becoming increasingly commercialized and industrialized. It is clear that it can support the proposed use and is well suited for that purpose. The site is adjacent to the Union Pacific Railroad line and County Road 13. It is also one-half mile south of Highway 34 and close to Interstate 25. Furthermore, there will be extensive mitigation imposed through the seven (7) Conditions of Approval and 42 Development Standards to enable the proposed use to be compatible with existing surrounding land uses. D Staff and Planning Commission found that the proposed USR was inconsistent with Section 22-2-80 C.2 (I.Policy 3.2), which requires a demonstration that roadway facilities associated with the proposed industrial development are adequate. The Board disagrees County Road 13 is built to arterial standards and can handle 17,000 daily trips. Additionally, the seven (7) Conditions of Approval and 42 Development 4249961 Pales: 10 of 21 li/01/2016 12:24 PM R Fee:$0,00 Carly Kappes, Clerk and Recorder Weld County. no oil niriri vikootri Ali MM iI fill,M'l,li4ri, Ii ii 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 11 Standards require that upgrades be made to certain roadways and railroad crossing (if warranted) through the Improvements and Road Maintenance Agreement Such improvements will ensure compliance with I Policy 3.2, 4. The Board finds that the studies submitted by the applicant were not refuted by any County staff or any person providing public testimony. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Weld LV, LLC, and Gerrard Investments, LLC, cio Martin Marietta, for an Amendment to a Site Specific Development Plan and Use by Special Review Permit, USR15-0027 (formerly known as USR-1584) for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business with two shop buildings, office buildings, and outdoor storage) provided that the property is not a at in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions to include a Mineral Resource Development Facility, including asphalt and concrete batch plants (materials processing) and transloading 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 map: A An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance, including dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. The Improvements and Road Maintenance Agreement shall include requirements related to the appearance of buildings on the site, based on consultation by the applicant with the Community Work Group, established by the applicant 1) The haul route shall be north to U.S, Highway 34 and south to CR 54. 2) The applicant will be responsible for the installation of auxiliary lanes at the intersection of CR 54 and CR 13 when triggers are met. A southbound right turn lane will be required when 25 vehicles per hour (vph) turn right onto CR 54 during a peak hour A westbound right deceleration lane will be installed on CR 54 when 25 vph turn right onto CR 13 during a peak hour B A Final Drainage Report and Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. C Union Pacific shall apply for a railroad diagnostic for the crossings of CR 13, CR 15, CR 52, and CR 17. The railroad diagnostic will determine if there is a safety issue with the increase of train traffic at these locations that would require the installation of crossing arms or signals If any improvements are required at any of these locations as a direct result of 4249961 Pages: 11 of 21 11/01/2818 12:24 PM R Fee $0.00 Garly Knppez, Clerk and Recorder, Weld County, CO 'III iiird FIT 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC. AND GERRARD INVESTMENTS LLC, C/O MARTIN MARIETTA PAGE 12 the additional trains visiting the Highway 34 Development, Martin Marietta will be responsible for the local portion (Weld County) of the project cost D The applicant shall attempt to address the requirements of CDOT, as stated in the referral response dated July 6, 2015 Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services E The applicant shall attempt to address the requirements of the Weld County Department of Public Works, as stated in the referral response dated July 6, 2015. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services The applicant is required to construct the following roadway improvements: 1) Installation of a southbound left deceleration lane at the facility entrance 2) Installation of a northbound right acceleration lane at the facility entrance 3) Installation of a northbound right deceleration lane at the facility entrance 4) Installation of a traffic signal at the intersection of CR 13 and U S Highway 34 5) Upgrade of the existing auxiliary turn lanes on U S Highway 34 The turn lanes will be brought up to standard for length, taper, and storage, unless waived by CDOT F The applicant shall address the requirements (concerns) of the Weld County Department of Building Inspection, as stated in the referral response dated June 4, 2015 Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services, G The applicant shall attempt to address the concerns of the Northern Colorado Water Conservancy District, as stated in the referral response dated May 1, 2015 Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services The map shall be amended to delineate the following. 1) All sheets of the map shall be labeled USR15-0027 2) The attached Development Standards 3) The map shall be prepared per Section 23-2-260,D of the Weld County Code. 4249961 Page3: 12 of 21 1110112016 12:24 PM R Fee:$0.00 Carly Kodpes CLerk and Recorder. Weld County, CD IfP00 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 13 4) The applicant shall delineate the trash collection areas, Section 23-3-350 H of the Weld County Code addresses the issue of trash collection areas. Delineate the approved landscaping/screening Landscaping/ screening shall include, at a minimum, decorative fencing in key areas based upon the applicant's consultation with the Community Work Group. Delineate the lighting for the site. All light poles are limited to a maximum of 25 feet in height 7) The parking areas shall adhere to Appendices 23-A and 23-5 of the Weld County Code. 8) Show and label the approved access(es), turning radii, and access permit number(s) 9) Show and label the entrance gate setback a minimum of 100 feet from the edge of shoulder 10) Show and label all off -site auxiliary lane improvements at the access location. 11) All structures should be painted an earth tone color 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code, The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee 3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period 4 The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, dxf, and dgn (Microstation), acceptable GIS formats are ArcView shapefiles orArcGIS 4249661 Pages: 13 of 21 11/01/2016 12:24 PSI R Feiv$0.00 Cary Koppes, Clerk and Recorder, Weld County Co IIIIKAMDIVIDA 11111 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) — WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 14 Personal GeoDataBase (MOB) The preferred format for images is .tif (Group 4). (Group 6 is not acceptable) This digital file may be sent to maps@co weld co us 5 Prior to Construction A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required 6 Prior to Operation A Accepted construction drawings and construction of the off -site roadway improvements are required B The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District, The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. The applicant shall submit evidence of acceptance to the Department of Planning Services The applicant shall submit a Decommissioning Plan to the Department of Planning Services for review and approval The Decommissioning Plan shall include a detailed plan with time frames or milestones after termination of operations for restoring the property to its condition which existed prior to commencement of operations. 7 The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded In the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement 4249961 Pages: 14 of 21 i1/01/20t6 12:24 PM R Pe■:$a.00 "'=-'r K5cRas CC Ilnek amp Pacvyrdar, Wrtld 44um1Ly uC0 ` ` • I Nir rl��k il�h''r`i+ � TYiYi 11iri'i� ' f �ILiI'�i'ii II I}I 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, 0/O MARTIN MARIETTA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of October, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d, ,,(,,,eta%re Weld County Clerk to the Board BY ty Clerk to the Board APPROVED AS.TO ounty Attorney Date of signature: tO/5/ ICo Mike Freeman, Chair Sean P, Conway. Pro -Tern ozad f, rbaraKirkmeyer 1 t� Steve Moreno 4249961 PAWNS: 15 of 21 11/01/2®16 12:24 PM R Fea:$0 00 Carly Kodp rs. nark and Recorder Welo C4unly Co II III 2016-3108 PL2360 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, CIO MARTIN MARIETTA U S R 15-0027 1 An Amendment to a Site Specific Development Plan and Use by Special Review Permit, USR15-0027 (formerly known as USR-1584), is for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review, in the Commercial or Industrial Zone Districts (construction business with two shop buildings, office buildings, and outdoor storage) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions to include a Mineral Resource Development Facility, including asphalt and concrete batch plants (materials processing) and transloading 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 number of on -site employees for Gerrard Construction shall be 36, as stated by the applicant, 4 The number of on -site employees for Martin Marietta shall be 75 full-time employees, 50 truck drivers, and 30 field construction workers, as stated by the applicant 5 The hours of operation for Gerrard Construction shall be 6:00 a m. to 6:30 p m . Monday through Friday, and 7:00 a m to 12:00 p m., Saturday, as stated by the applicant. The hours of operation for Martin Marietta shall be the following: 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 When the plant is operating at night, it will only occur when material is requested by cities, counties, or 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 Martin Marietta 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. 4249961 Pastas r 15 of 21 11r01/2015 12:24 Pn R Fpy.$,0.p0 ICopprs Clerk end -qecmrdgr Wald County, CO ra � ,l�� l %Wig IE.VIII 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0O27) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 2 B. Hours of Operation for Ready Mix Concrete: 1) The Ready Mlx 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. 3) Up to three (3) times per month, between the months of March and October, the applicant may begin operations before the standard hours but not before 3:00 a m The applicant must notify the Planning Department each time this occurs. 4) The plant will not operate more than 16 hours per day. 5) Ready Mix trucks will generally operate during plant operations, but may return to the plant after plant shutdown to be cleaned and parked C. Hours of Operation for Aggregate and Recycling. 1) Aggregate sales and 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. 3) Train unloading operations during the summer will only take place between the hours of 6:00 a m. and 8:00 p m., actual hours will be dependent on the time the train arrives at the site 4) Train unloading operations during the winter will only take place during daylight hours, actual hours will be dependent on the time the train arrives at the site 7 The parking area on the site shall be maintained. 8 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. 9 The landscaping/screening on the site shall be maintained. 10 Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 4249961 Pages: 17 of 21 11/01/2016 12:24 PM R Fee:$0 00 Ca�l.y Koppers, Clark and RaCOrder W LO County, CO iii NPAIVIel:1439 IMI~NIiiih "A IVAh 11111 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) — WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 3 11 There shall be no tracking of dirt or debris from the site onto publically maintained roads The applicant is responsible for mitigation of any off -site tracking and maintaining on -site tracking control devices. 12 There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 13 The historical flow patterns and runoff amounts will be maintained on the site 14 Weld County is not responsible for the maintenance of on -site drainage related features. 15. 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 16 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 17 Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions The applicant shall operate in accordance with the accepted Waste Handling Plan, at all times The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 18. Fugitive dust and fugitive particulate emissions should be controlled on this site. The facility shall be operated In accordance with the accepted Dust Abatement Plan, at all times. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 19 Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For employees or contractors on -site for less than two (2) consecutive hours a day, portable toilets and bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers 20 If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 21. Any septic system located on the property must comply with ail provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as needed. The facility shall utilize the public water supply 22 All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of Hazardous Air Pollutants 4249961 Pages: 18 of 21 11/01/2016 12:24 PM R Fee ;0.00 Carly Kopp.s, Clerk and Raenrdnr Weld Cnurty, CO ■ii )��1'7��I:h�+LIl h1rT.N OHM 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA PAGE 4 (HAPs) and Volatile Organic Compounds (VOCs) All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's recommendations 23 A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on -site This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code as measured at the property line of the adjacent residential lots In all other lopans the facility shall adhere to the maximum permissible noise levels allowed in ratindustrial Zone as delineated in Section 14-9-30 of the Weld County Code tIi-and Environment which shad. ihelude Nois tanrlaccitzetlo x. 25. The facility shall comply with all provisions of the Colorado Department of Labor and Employment Division of Oil and Public Safety, Underground and Above Ground Tank Regulations, as applicable 26. Any washing areas shall capture all effluent and prevent discharges in accordance with the rules and regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 27. Process wastewater (such as floor drain and laboratory wastes) shall be captured in a watertight vault/container and hauled off for proper disposal Records of installation, maintenance, and proper disposal shall be retained 28. The facility shall comply with the Air Pollution Emission Notice (A P E N.) permit requirements as stipulated by the Air Pollution Control Division of the Colorado Department of Public Health and Environment 29. Material being recycled shall be separated by material type or use incoming loads shall have all non -concrete, non -asphalt and non-rebar material removed from concrete and asphalt materials within thirty (30) calendar days Non -concrete, non -asphalt and non-rebar material shall not exceed 10% of the total material onsite by weight or volume t0 Odors detected off -site shall not exceed the level of seven -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations 31 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan, Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private 4249961 Pages: 19 of 21 11/e1/2016 12:24 PM R Fee:$0.00 Carly Koppel', Clerk and Recorder, Weld County, CO III ��" "II��.' l�'➢��lidIWIMPALIlif II IiI 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) - WELD LV, LLC, AND GERRARD INVESTMENTS. LLC, CIO MARTIN MARIETTA PAGE 5 streets No colored lights may be used which may be confused with, or construed as traffic control devices 33 A building permit may be required per Section 29-3-10 of the Weld County Code Currently the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and the 2014 National Electrical Code A building permit application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. 34 Martin Marietta will establish and operate a Community Work Group that meets at least quarterly and will be comprised of a representative group of surrounding neighbors and Martin Marietta officials. A list of the participating members shall be submitted to the Department of Planning Services 35. Martin Marietta will set up a $100,000.00 landscaping fund in escrow to be managed by Martin Marietta and the Community Work Group to fund landscaping for installation on the lots of adjacent landowners with views of the facility. Under no circumstances is Weld County obligated to manage or fund the landscaping fund. 36 Martin Marietta's asphalt plant will operate with vertical liquid AC storage tanks, carbon filters, and an emission capturing system Martin Marietta must have a certified nasal ranger at the site while the asphalt plant is operating 37 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 36 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations 39 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 40r --The property owner -ox -operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners, 4249961 Pages: 20 of 21 1110112016 12:24 PM R F,a:.2 00 Cirlr Koppue. Clark and Raeordar, hold County: CC X1111ea1''lnIW.' NIYhTILt WIONI iaELW, II III 2016-3108 PL2360 SPECIAL REVIEW PERMIT (USR15-0027) — WELD LV, LLC, AND GERRARD INVESTMENTS, LLC. C/O MARTIN MARIETTA PAGE 6 41 The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 42 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT. Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development, Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 424995 Pages: 21 of 21 11/01/2016 12:24 PM A Fee:$0.00 C,riy Koppel, Clark and Recorder Wald County CO IV.r VIA:1-V114,11llhii:iL I liMill0 141111 2016-3108 PL2360 DISTRICT COURT, WELD COUNTY, COLORADO 901 9th Avenue, P.O. Box 2038, Greeley, CO 80632 (970) 475-2400 DATE FILED: August 9, 203L CASE NUMBER: 2015CV3i A COURT USE ONLY A Plaintiffs: Motherlove Herbal Company; Indianhead West Homeowners Association, Inc.; Rockin S Ranch LLC; John Cummings; David Kisker; Gary Oplinger; Wolfgang Dirks; and James Piraino V. Defendants: The Board of County Commissioners of Weld County, Colorado; Martin Marietta Materials, Inc.; Garrard Investments, LLC; Weld LV LLC; and Weld LV II,LLC Case No. 2015 CV 30776 Division 4 Order of Remand Under C,R.C.P.106(a)(4), the plaintiffs appeal the Weld County Board of County Commissioner's (BOCC) decision to approve an Application for an Amendment to a Site Specific Development Plan and for a Use by Special Review (USR) Permit submitted by Defendant Martin Marietta. The standard of review under C.R.C.P.106(a)(4) is whether, on the basis of the whole record, the ultimate findings of the BOCC are supported by any competent evidence. W.C.C. § 23-2-230.D provides: Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. 5:36 PM 76 Although there is no requirement that the findings be exhaustive, the BOCC is required to include findings and conclusions to support its decision on the material issues. See Colorado State Bd. of Medical Examiners v. Ogin, 56 P.3d 1233, 1238 (Colo. App. 2002). Where a board fails to make adequate findings in 2016-3108 P1 3too the record, it is appropriate for the trial court to remand the case to the board with directions to make findings of fact or conclusions of law necessary for the subsequent review of its action, C.R.C.P. 106(a)(4)(IX); Bd. of County Cornm'rs of Larimer County v. Conder, 927 P.2d 1339, 1350 (Colo. 1996), The BOCC's Resolution here merely restates the criteria required under W.C.C. § 23-2-230.B, which are conclusions of law. But it does not include any findings of fact or rationale as to why the application meets the stated criteria, Based on my review of the record, I conclude that the BOCC failed to set forth specific findings of fact in the Resolution. I therefore cannot determine whether the BOCCs ultimate findings are supported by competent evidence. Our Supreme Court has held that, while not making factual findings is obviously not good administrative practice, in the absence of express findings of fact, there are implicit findings "when the state of the evidence is such as would warrant the making of such finding[s] by the board," Sundance Hills Homeowners Assn v, Bd. of County Cornm'rs, 534 P,2d 1212, 1216 (1975) (quoting Cugini v. Chiaradio, 189 A.2d 798, 802 (R.I.1963)). Consequently, the lack of factual findings is not necessarily fatal to the BOCC's decision so long as there is sufficient evidence in the record to support the Board's decision. It is not necessary that the BOCC make explicit and technical findings; it may, instead, make only findings of ultimate facts. Id. But the BOCC did not make any findings of fact here. And the state of the evidence does not warrant automatic approval of the USR at issue without express findings of fact. For instance, both the Department of Planning Services Staff and the Planning Commission recommended denial of the application. In their Resolution of Recommendation, they cited to several specific criteria in support of denial, including that the proposed use is not consistent with the Order of Remand Motherlove Herbal Co. et al, v. Bd. of Cnty. Commis of Wefd Cnty. et al., 2015 CV 30776 Page z of 3 Weld County Comprehensive Plan and that the proposed use is not compatible with existing surrounding land uses. Specifically, they found that the noise, odors, and traffic from the proposed use will cause disruption to the nearby residential properties2 as well as health and safety concerns. Furthermore, at the public hearing, the BOCC heard extensive testimony that the proposed use is incompatible with existing residential uses; that it would negatively impact surrounding property values; and that several of the studies submitted by Martin Marietta were deeply flawed. Ultimately, the BOCC is required to provide at least some basis for its conclusions of law, and it failed to do so in its Resolution. Accordingly, this case is remanded to the BOCC to make the requisite findings of fact necessary for judicial review of its decision to approve the application. The BOCC has 63 days from today to make its findings of fact and to certify those finding as part of the record, So Ordered: August 9, 2016 BY COURT: 2/4141.__ Todd Taylor District Court Judge 1 Both the Department of Planning Services Staff and the Planning Commission concluded that the proposed use is not consistent with the Weld County Comprehensive Code for the following reasons: (1) the proposed use is not directly related to, or dependent upon, agriculture and it will be removing about 90 acres of Prime (Irrigated) Farmland from production (W.C.C, § 22-2-20.G.1); (2) the area cannot support such development and is not compatible with the region, as demonstrated by the five surrounding jurisdictions' referral comments (W.C.C. § 22-2-20.G.2); and (3) the roadway facilities are not adequate to support this industrial development (W.C.C. § 22-2-80.C,2). 2There are 14 single-family homes/lots within 500 feet of the site and the Indianhead Subdivision (approximately 100 lots) is located northeast of the site. Order of Remand Mothertave Herbert Co. et at. v. ad of Cnty. Comm'rs of Weld Cnty. eat, 2015 CV 30776 Page 3 of 3 Esther Gesick From: Sent: To: Cc: Subject: Good evening everyone, Julie Cozad Sunday, October 02, 2016 8:47 PM Commissioners Bruce Barker: Esther Gesick Monday, October 3rd Unfortunately, I am not going to be able to be at our Board meeting tomorrow and I may miss our afternoon meetings as well, My sister who lives in Thornton is very ill and they can't figure what is wrong with her (fever, abdominal pain, high protein levels and high white counts). They did a blood culture and put her on an IV last Thursday, but she is still very sick, so much that she has not been out of bed for the past week and half, She has no one to take her to her appointment tomorrow to get results of tests and she has told me that she doesn't feel that she can even drive herself, so I am going down to Denver to take her. I know we have the Martin Marietta hearing tomorrow on the Amended Resolution and I feel terrible about missing it, but I need to take her. I spoke to Mike earlier and told him I would send my comments, so they are all below. Mike can also state on the record, that I had a family emergency and that is why I couldn't be there. My comments can be directly read into the record or summarized, and are as follows: I agree with the written Amended Resolution for LISR15-0027 and after spending the past month going back through the application, reports and written transcripts, I agree with the findings from those documents, as written into the Amended Resolution. I do have some suggested changes, but they are minor in nature. They can also be read into the record, if appropriate and if agreed upon by the rest of you. Again, these are not substantial and are suggested to help clarify a few things. On Page 3 Fourth Paragraph I would suggest the last line read as follows: The applicant's Final Drainage Report shows drainage design measures for the property which detain runoff/stormwater and include required water quality features to meet state and county requirements for runoff/stormwater. On Page 4 Continuance of sentence at the top of page 4, the line says: "the proposed operation, which reduce the potential for conflict with surrounding land uses" add a comma after land uses and add: including berming, landscaping, fencing and design features of the structures. On Page 4 Section C. Second Paragraph, last sentence, add the words: in the vicinity at the end of the sentence. Third Paragraph, Sixth line, sentence that begins "Future permitted development", add: a comma after the word development and the words: within the Town of Johnstown's jurisdiction, and continue the remaining sentence. I think the next sentence should read: "The additional traffic generated from this USR site will be.... On Page 6 Second Paragraph, Line 5 (grammatical: add the word is between the wards use and consistent.) Line 7, add at the end of the sentence: at this location. 1 Paragraph 6 (grammatical: after A.Policy7.3 should say states instead of staes) Paragraph 7, Line 2 {grammatical: should say Area instead of Arear) On Page 7 First Paragraph, line four: instead of the word "because" l think it would read better to say: with the approval of USR- 1584, On Page 9 Fourth Paragraph, line 3: Add the word road before damage repair Fourth Paragraph, line 5: I think there should be a period after the word immediately and remove the words "and continue", The next sentence explains the additional improvements for future triggers. Fifth Paragraph, line 1: (grammatical: there are two "the's") On Page 10 Third Paragraph, line 4 (at the end): Change to read: The Highway 34 corridor and surrounding area (rather than "region") Fourth Paragraph, line 6 at the end of the sentence: "...and railroad crossing, through a Road Improvements and Maintenance Agreement. That is all I have. Again, I apologize for not being there in person, Thanks for all of your understanding. Julie Julie Cozad Weld County Commissioner, District 2 1150 0 Street P 0. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 jcozadAwetdo ov. co m 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 Hello