HomeMy WebLinkAbout20130209.tiffWELD -COUNTY
DEPARTMENT OF PLANNING SERVICES
PLANNING DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
970-353-6100 EXT 3549
FAX 970-304-6498
kogleaweldgov.com
December 14, 2012
Nathan Reed
Christopher Reed
White Bear Management, LLC
Post Office Box 1183
Brighton, CO 80601
Sam Reed
Polar Gas Front Range, LLC
Post Office Box 680
Frederick, CO 80530
Sam Reed
14095 County Road 22
Fort Lupton, CO 80621
Subject: Compliance with Use by Special Review permit No. USR-1746
Dear Messrs Reed:
The Department of Planning Services was contacted concerning the operation and maintenance
of the Polar Gas Front Range, LLC facility located at 14095 County Road 22, specific to
perceived violations of USR-1746. The anonymous complainant indicated that the plat of record
was not indicative of the current operation and asked staff to conduct a field investigation to
determine compliance.
Staff conducted a survey of the property on Tuesday December 11, 2012 and visually identified
the parking of the late model Polar Gas Company vehicle parked on the south side of the shop
building, the parking of two bobtail tank trailers on the north side of the shop building, the
outdoor storage of non-commercial junkyard components including buckets, truck tire rims and
truck tires, and the placement of an above ground vertical vent.
Staff reviewed the current land use permit plat and reviewed the USR-1746 Development
Standards for determination of compliance. The findings of this review determined that the
14095 County Road 22 facility was not in compliance with the following development Standards:
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4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
5. 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, 30-20-100.5, C.R.S., as amended.
6. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
The applicant shall operate in accordance with the approved "waste handling plan" at all
times.
8. The applicant shall comply with all provisions of the Liquefied Petroleum Gas
Regulations (7 ccr 1101-15), as applicable.
9. The facility shall be operated in a manner to prevent odors. Odors detected off site shall
not equal or exceed the level of fifteen -to -one dilution threshold, as measured pursuant
to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls
shall be implemented at the request of the Weld County Department of Public Health
and Environment in the event odor levels detected off site of the facility meet or exceed
the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County
Health Officer, there exists an odor condition requiring abatement.
14. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's).
15. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. The 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.
36, The property owner or 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.
Further, the findings indicate non-compliance with the Design Standards: referencing Section
23-3-350.B. Parking. Sufficient screened off street parking ... shall be provided to meet the
requirements of employees, company vehicles, visitors and customers . . . ." Further,
referencing Section 23-3-350.H.Trash Collection Areas. "Areas used for storage or trash
collection shall be screened from adjacent public rights -of -way and adjacent properties." Also
referencing by definition a non-commercial junkyard, all items considered to be part of a
noncommercial junkyard must also be removed from the property or screened from adjacent
properties and public rights -of -way."
The USR-1746 plat of record addresses a screened parking area for storage adjacent to the
North property line, the three sided screened propane tank storage area for up to six bullet
storage tanks and an upload — off load area to the east of the shop building. No other uses are
delineated or allowed per this land use permit.
To bring the property into compliance, please remove the bob -tail propane tank trailers, the late
model polar gas delivery tanker vehicle and the items associated with the non-commercial
junkyard designation. Further, the vertical vent located north of the shop building is not
delineated on the USR Plan. In researching for the current permit, staff did not locate an APEN
or a permit from APCD for "Polar" or White Bear Management". lf you have the permit in your
possession, please provide, alternatively, if a permit is not required, please submit written
evidence of such.
It is the intention of this office to assist and cooperate with you without imposing undue
hardships; however, staff has little discretion in this matter if you fail to correct this violation. You
have until January 2, 2013 to contact this office.
Please contact this office if you feel you have brought the property into compliance so a final
inspection can be conducted and the violation closed. Please understand additional inspections
will not be conducted unless you contact our office to request such.
Failure to respond to this office will result in your case being forwarded to the Board of County
Commissioners, who will review the facts pertaining to your case. If the violation(s) is
confirmed, your case will be forwarded to Show Cause - Probable Cause Hearing before the
Board of County Commissioners
If you have additional information that may help to resolve this matter, please feel free to submit
this information to our office. Should you have any questions regarding this letter, or if you need
any further information, please feel free to contact me at the above address, telephone number
or e-mail address. If you wish to see me personally, please call to schedule an appointment so
that I may reserve a sufficient amount of time with you.
Sincerely,
Kigle
Planning Services
Enclosures — Site Photographs
ec: B. Yatabe, Attorneys Office
T. Parka, Planning
T. Swain, Environmental Health
P. Brewer, Environmental Health
File: USR-1746
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