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HomeMy WebLinkAbout20130550.tiffRESOLUTION RE: APPROVE REQUEST TO MODIFY THE SITE LAYOUT FOR USE BY SPECIAL REVIEW PERMIT, USR-1704, PRIOR TO RECORDING THE PLAT - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on July 21, 2010, by Resolution #2010-1530, the Board approved the application of Shelton Land and Cattle, Ltd., 23043 County Road 42, LaSalle, Colorado 80645, and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue, Suite 201, Longmont, Colorado 80503, for a Site Specific Development Plan and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digester based renewable energy plant (gas)), along with a concrete batch plant to be used for construction of the facility, in the A (Agricultural) Zone District, including the Certificate of Designation, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board was presented with a request from Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC, c/o AGPROfessionals, LLC, to modify the site layout prior to recording the plat to include: changing from six (6) lined ponds (one (1) stormwater pond and five (5) additional process ponds) to three (3) lined ponds (two (2) stormwater ponds, one (1) settling basin, one (1) covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to five (5) above ground digester tanks approximately 50 -feet in height, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, finds that the request to modify the Site Plan, as described above, be approved, and that the following language of Condition of Approval #4.C (included in Resolution #2010-1530) be deleted: "Please note that early grading permits will not be issued until collateral is posted and the plat has been recorded."; that the existing language in Condition of Approval #6.A be retained and the inclusion of the letters from the Colorado Department of Public Health and Environment, dated January 29, and February 22, 2013, concerning agreement for phased construction be acknowledged; that the requirement of Condition of Approval #1.D.2 for right acceleration/deceleration turn lanes on County Road 49 when the cited triggers are met be affirmed; and that the requirement of Condition of Approval #7.6.2 for left acceleration/deceleration turn lanes on County Road 49 prior to Operation be affirmed. GQ;'. -P- I "%2 2013-0550 PL2072 MODIFICATIONS REQUEST (USR-1704) - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 2 NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC, to modify the site layout for Use by Special Review Permit, USR-1704, prior to recording the plat to include changing from six (6) lined ponds (one (1) stormwater pond and five (5) additional process ponds) to three (3) lined ponds (two (2) stormwater ponds, one (1) settling basin, one (1) covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to five (5) above ground digester tanks approximately 50 -feet in height, on the parcel of land described above be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the last sentence of Condition of Approval #4.C (included in Resolution #2010-1530) be deleted; that the existing language in Condition of Approval #6.A be retained and the inclusion of the letters from the Colorado Department of Public Health and Environment, dated January 29, and February 22, 2013, concerning agreement for phased construction be acknowledged; that the requirement of Condition of Approval #1.D.2 for right acceleration/deceleration turn lanes on County Road 49 when the cited triggers are met be affirmed; and that the requirement of Condition of Approval #7.B.2 for left acceleration/deceleration turn lanes on County Road 49 prior to Operation be affirmed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of February, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD C Y COLORADO ATTEST: YV6�Cl_° Weld County Clerk to the Board Deputy C APP -County Attorney ara Kirkmeyer Date of signature.MAY 01 2013 2013-0550 PL2072 MEMORANDUM TO: Weld County Commissioners DATE: February 21, 2013 FROM: Chris Gathman SUBJECT: Proposed changes to the layout of USR-1704 and reconsideration of conditions of approval for USR-1704 Location: Approximately % mile west of County Road 49 and north of and adjacent to County Road 40 (section line). Legal Description: Part of the SE4 of Section 24, T4N, R65W. Background: Use by Special Review Permit— USR 1704 (A Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas)) along with a concrete batch plant to be used for construction of the facility in the A (Agricultural) Zone District, including the Certificate of Designation) was approved by the Board of County Commissioners on June 21, 2010. The applicant has since been working on finalizing conditions of approval and submitting the plat for recording. Since the original approval the applicant has proposed changes to the layout of the site that differ from the site plan that was reviewed by staff and the Board of County Commissioners at the June 21, 2010 hearing. Proposed USR-1704 Plat Modifications: The applicant's representative has provided a memo outlining the proposed changes to the layout of the facility along with a revised site map. Two of the major changes would be changing from 6 lined ponds (1 storm water pond and 5 additional process ponds) to 3 lined ponds (2 storm water ponds, 1 settling basin, 1 covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to 5 above ground digester tanks approximately 50 -feet in height. Staff reviewed the request and determined (specifically because the proposed above ground digester tanks would be taller and more visible from a vertical standpoint than the original ground covered digester lagoons) that property owners within 500 -feet should be notified of these changes and that this should be brought back to the Board of County Commissioners for review and reconsideration of these changes. It should be noted that the the overall footprint of the facility would be smaller than what was shown on the original site map. Also, the applicant's representative projects that traffic would decrease from 205 trips per day to 110 trips per day. Note: Planning staff had discussions with AGPRO (Tim Naylor) about Consider proposed modifications to condition of approval 1.D.2 "Public Works will require a right acceleration and right deceleration lane be constructed on WCR 49 when traffic volumes meet the triggers of 25vph turning right into the facility during a peak hour and 50vph during right out of the facility during the peak hour. This requirement will be included in the Improvements Agreement. Prior to the start of construction of the auxiliary lanes, final construction drawings will be required to be reviewed and accepted by Public Works." 2013-0550 An amended notice was mailed out to surrounding property owners including a reconsideration of this condition along with the proposed map revisions. Staff has had additional discussions with Mr. Naylor and he indicated that have determined that they have no issues with this condition and do not with to modify it. Surrounding Property Owners: Staff has received no phone calls or correspondence in regards to this request. Staff Recommendation: The nearest residences are located approximately % mile to the west, and (not include the site entrance/access onto County Road 49) between % to % mile to the southeast and east of the site. The footprint of the operations under the proposal will be smaller than the original site plan. The 5 (five) proposed 50 -foot aboveground digester tanks will be taller than the original idea of 24 in ground digester pits. However, the nearest residence will be located more than % mile away to the west from the proposed digester tanks and the property slopes from east to west (meaning that the proposed tanks would be located below the grade of County Road 49 and properties immediately to the east of County Road 49). The proposed changes to the site (indicated in the AGPRO memo) will have the added benefit of reducing traffic numbers from the original layout. Staff is therefore in support of the requested changes to the site map for USR-1704. • 0 U O C6 a) • (I) 5 aTh Its M y 'I 1 A •i bat. Walla! 14 di di r 1 ► I it ti - „ I ,` •',J.•••\ / I • le / if • \ • 1 / i I 1 I ///\111 \ I H I I I \ I 1. 1 -11 fl ll It --- I 4'.1 I . ---44 I I as- M S • • I 1 \ • 5 • III III IEI III ill III III III I— D 0 z U It ct 0 LSI O a H P4?C9. L, a ce Q Jo W al m S I I a 3i Y . .,e ..... . 0 es • I• ' I• •\\ • \ I I I 1 • I 1 1 I 1 • I 1 • Is • I 3 a ora stile 1)\/)111 r -" • / • 3 \ de u 1 I • �/ 1 • JI 4586-5f5 50/6) 'cu.; • R I E6555 (02.6) 40508 O3 iuowFuo3'99 SemyBFH 05ft on 'a,•�o!••»OSIJOtj S SNOLLIUNIOD QHSOdOxd ADNHNH I11HVMHNHM GNV'LLNVHH 64 OVOll AINROD O'UA1 ROAD ACCESS 9i l/ p If PI it - II Ii r ,I IMPROVEMENTS fl i;5. -5a/ PROPOSED CONDITIONS C.R.S. 30-20-104 (Copy w/ Cite) Pages: 3 C.R.S. 30-20-104 COLORADO REVISED STATUTES *** This document reflects changes current through all laws passed at the Second Regular and First Extraordinary Sessions of the Sixty -Eighth General Assembly of the State of Colorado 2012 and Constitutional and Statutory amendments approved at the General Election on November 6, 2012 *** TITLE 30. GOVERNMENT - COUNTY COUNTY POWERS AND FUNCTIONS ARTICLE 20. PUBLIC IMPROVEMENTS PART 1. SOLID WASTES DISPOSAL SITES AND FACILITIES C.R.S. 30-20-104 (2012) 30-20-104. Factors to be considered (1) In considering an application for a proposed solid wastes disposal site and facility, the governing body having jurisdiction shall take into account: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be prescribed by the department; (d) Recommendations by county, district, or municipal public health agencies. (2) Except as provided in this part 1, designation of approved solid wastes disposal sites and facilities shall be discretionary with the governing body having jurisdiction, subject to judicial review by the district court of appropriate jurisdiction. (3) (a) Prior to the issuance of a certificate of designation, the governing body having jurisdiction shall require that the report, which shall be submitted by the applicant under section 30-20-103, be reviewed and a recommendation as to approval or disapproval be made by the department and shall be satisfied that the proposed solid wastes disposal site and facility conforms to the local government's comprehensive land use plan and zoning restrictions, if any. Any technical conditions of approval made by the department in its final report shall be incorporated as requirements in the certificate of designation. The application, report of the department, comprehensive land use plan, relevant zoning ordinances, and other pertinent information shall be presented to the governing body having jurisdiction at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing, shall state that the matter to be considered is the applicant's proposal for a solid wastes disposal site and facility, shall provide a description of such proposed site and facility, and shall provide a description of the geographic area that is within three miles of such proposed site and facility. The notice shall be published in a newspaper having general circulation in the county or municipality in which the proposed solid wastes disposal site and facility is located at least ten but no more than thirty days prior to the date of the hearing. In addition, the notice of such public hearing shall be posted at a conspicuous point in at least one location at the offices of the governing body having jurisdiction and in at least one location at the proposed site. Such notice shall be posted for a period beginning at least thirty days before the public hearing and continuing through the date of such hearing. (b) At the public hearing held pursuant to the provisions of this subsection (3), the governing body shall hear any written or oral testimony presented by governmental entities and residents concerning such proposed site or facility. All such testimony shall be considered by the governing body having jurisdiction in making a decision concerning such application. For the purposes of this subsection (3), "residents" means all individuals who reside within the geographic area controlled by the governing body having jurisdiction or within three miles of the proposed site and facility or who own property which lies within three miles of such proposed site and facility without regard to which county or municipality such individuals reside within. HISTORY: Source: L. 67: p. 760, § 4. C.R.S. 1963: § 36-23-4.L. 71: p. 341, § 5.L. 91: Entire section amended, p. 966, § 6, effective June 5.L. 98: (3)(a) amended, p. 881, § 7, effective July 1.L. 2010: (1)(d) amended, (HB 10-1422), ch. 419, p. 2119, § 164, effective August 11. ANNOTATION Quasi-judicial action must be preceded by reasonable notice. Under the solid wastes act (§ § 30-20-101 through 30-20-116), quasi-judicial action by county commissioners must be preceded by reasonable notice. City County of Denver v. Eggert, 647 P.2d 216 (Colo. 1982). Proper notice of quasi-judicial agency action must reasonably describe the subject matter of the hearing, any charges to be considered, and the action contemplated. City County of Denver v. Eggert, 647 P.2d 216 (Colo. 1982). Solid Wastes Act provides a local government with authority to regulate disposal sites, incidental to which may be inferred the authority to delay the approval of permits for certificates of designation while guidelines and regulations are being developed. Dill v. Bd. of County Comm'rs of Lincoln County, 928 P.2d 809 (Colo. App. 1996). 6 CCR 1007-2 PART 1 - REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES SECTION 1.0 ADMINISTRATIVE INFORMATION Applicable to all existing or new solid waste facilities. 1.1 GENERAL INFORMATION 1.1.1 Authority These regulations are promulgated pursuant to the "Solid Wastes Disposal Sites and Facilities Act", Title 30, Article 20, Part 1, Colorado Revised Statutes (CRS), as amended. These regulations replace and supersede the "Solid Wastes Disposal Sites and Facilities Regulations", adopted February 16, 1972, and effective April 1, 1972. 1.3 SCOPE AND EFFECTIVE DATE 1.3.1 These regulations are based on the authorities defined and established in the Solid Waste Act, 30-20-100.5, et seq. C.R.S. Under that statute, the siting, permitting and regulation of solid waste disposal sites and facilities is an area of dual jurisdiction; that is, both the Department and local governing bodies having jurisdiction have assigned roles and responsibilities. Due to the dual nature of this process, effective coordination and communication are important to both governmental agencies involved in decisions, approvals and enforcement. The department recognizes that a cooperative relationship must be established with the governing bodies having jurisdiction or with the agency or agencies identified by such bodies as contacts for their jurisdiction. However, these regulations cannot and do not assign to any agency authorities not granted them in statute; nor can these regulations negate or change any authority granted to a local agency under any other statute, regulation or ordinance. 1.6 APPLICATION FOR CERTIFICATE OF DESIGNATION... 1.6.6 (A) An application for a certificate of designation for a proposed solid wastes disposal site and facility and associated technical documents which have been determined to be acceptable with regard to completeness shall, then, undergo a comprehensive technical evaluation to determine whether the site and facility, as proposed and documented in the submitted information, can meet the requirements of these regulations and the statute under which the regulations were adopted. This comprehensive technical review shall be the basis for the recommendations of the Department to the local governing body having jurisdiction concerning approval or disapproval of the proposed site and facility. Any technical conditions of approval made by the Department in its final report shall be incorporated as requirements in the certificate of designation. AGPROfessionals LLC DEVELOPERS OF AGRICULTURE This document is meant to summarize the major differences between the D&O Plan submitted by AGPROfessionals, LLC in 2009 and the current proposal. It is intended to highlight major differences between the two facilities. Introduction Item Original New Owner Operator Heartland Renewable Energy, LLC in conjunction with Colorado Green Energy, LLC. Heartland Renewable Energy, LLC Physical Properties Footprint 30 acres +/- 19 acres +/- Ground water 3 wells installed 5 wells installed — Wells 4 and 5 were monitoring wells installed in March 2010 to provide for gradient spread in reference to the up gradient well. Waste Water Ponds 6 lined ponds 3 lined ponds • 1 Storm water pond (NW • 2 storm water ponds (west Corner) central) S additional process ponds • lsettling basin • 1 covered digester lagoon No additional ponds Previously approved liner specifications will not change. Process In Process Stored in concrete digester ponds with Stored in above ground tanks with low materials secondary containment permeability secondary containment. Dosing and Substrate Tanks -height Dosing and Substrate Tanks range 20'-30' Substrate tank height-+/- 23' Dosing tank height -+/-16' ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont, CO 80504 970.535.9318 / office 303.485.7838 / metro 970.5319854 / fax www.agpros.com on 1 AGPR fessi O a s, LLC DEVELOPERS OF AGRICULTURE Digester Design Design 24 rectangular, in ground covered digester pits 5 above ground digester, steel tanks with approved secondary containment. Digester tank Height-=+/- 50' Dewatering Screw Presses Centrifuges Material Storage Total biogas volume 6.5 x capacity of digesters 7 x capacity of digesters Soil amendment 676-597 tons per day Total inventory: 73,000-103,300 cubic yards 400 cubic yards Total inventory: 36,000 cubic yards General Operations Hours 3x8 hour shifts 2x12 hours except for management, administration, and lab which will operate during the 8 hour day shift Traffic 205 trips per day 110 trips per days Closure Residual Onsite Capacity 248,200 tons 73,000 Cubic Yards Removal of digesters Crush Digesters will be cleaned and retained for future sale. ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont, CO 80504 970.535.9318 / office 303.485.7838 / metro 970.535.9854 / fax www.agpros.com 9586-SES (0L6) : w • 81 I6 SEC (0L6) 90508 0) .1•0020,1 .99 demy9iH USED JTI 'la0} JO)JdiAr- . a.�0rvn 111404 raixs Ntl9d H11S no unosanr 30111Y V0L I - NS) AINI-IO3 O13M ADN3N3 TIHVMSN321 CINV TJ)IV3H V T O o_. ui Li F4 Li W 3 Z Z LO U CJ W > W s , --o 6 • 0 ` O. v in d co a ,- w WCil N w z z CO Q S < tw p >-- 0 L Q a(r,I_z Z < ZIZ - L x• 0 I- - • ° I, 7 < 7 x I- 69 QVO)I A.LN IOJ a73A1 ROAD ACCESS IMPROVEMENTS H /9 N 9 I; i tl I! SITE PLAN STATE OF COLORADO John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH Executive Director and Chief Medical Officer Dedicated to protecting and Improving the hearth and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692.2000 Denver, Colorado 80230-6928 Located in Glendale, Colorado (303) 692.3090 hltpi/www.cdphe.stste.co.us February 22, 2013 Ms. Marcy Kappen AGPRO, Inc. 4350 Highway 66 Longmont, CO 80504 Colorado Department of Public Health and Environment Re: Request for Approval for a Phased Construction Approach for the Proposed Heartland Renewable Energy Facility, Weld County, Colorado Dear Ms. Kappen: The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the "Division") received your letter dated February 20, 2013 requesting approval for a phased construction approach for the Heartland Renewable Energy Facility (Facility) to be built in Weld County, Colorado. The phased construction approach would allow some of the critical path components of the Facility, such as the proposed impoundments, to be approved by the Division and operate prior to other components of the Facility. Consistent with other large, complex solid waste sites in Colorado, the Division hereby approves the subject request, and will allow the Facility to be constructed in a phased approach. Should you have any questions regarding this letter, I may be reached by phone at 303-692-3384 or email at latrvbruskinriistate co.us. Sincerely, ist. la- Lawrence J. Bruskin, P.E. Solid Waste Permitting Unit Solid Waste & Materials Management Program Hazardous Materials & Waste Management Division cc: Troy Swain, Weld County Laura Kellogg, AGEnergyUSA file: sw/wld/hre/1.l 1 STATE OF COLORADO John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH Executive Director and Chief Medical Officer Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692.2000 Located in Glendale, Colorado http://www.cdphe.state.co.us January 29, 2013 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Mr. Chris Gathman Planner III Weld County Department of Planning Services 1555 N 17th Avenue Greeley, CO 80631 Colorado Department of Public Health and Environment Re: Certificate of Designation for Heartland Renewable Energy, Weld County, Colorado Dear Mr. Gathman: This letter is to confirm that the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the "Division"), does not recommend an amendment to the existing Certificate of Designation (CD) for Heartland Renewable Resources. The Division views the recent changes to the project, as shown in Revision 4 of the Engineering Design and Operations Plan (EDOP) dated November 27, 2012, as operational changes, therefore changes to the CD are not recommended. Should you have any questions regarding this letter, I may be reached by phone at 303-692-3384 or email at larrv.bruskin4istate.co.us. Sincerely, Lawrence J. Bruskin, P.E. Solid Waste Permitting Unit Solid Waste & Materials Management Program Hazardous Materials & Waste Management Division cc: Troy Swain, Weld County Health Department Marcy Kappen, AgPRO Laura Kellogg, AgEnergyUSA file: sw/wld/hre/1.1 STATE OF COLORADO Oil Riser, Jr„ raor Marhat.diude ocet4ltvaX)irtlitr Dedicated to protecting and Improving the health and environment of the people of Colorado 4300 Cheny Creek Dr. S. • Laboratory Services Division Denver, Cthiadp 80246-1830-' 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691.7700 (303) 692.3090 Located in Glendale, Colorado http://www.cdphe.state.co. us Certified Mail # 7007 0220 0001 0162 7940 Return Receipt Requested Apri17, 2010 Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 Colorado Department of Public Health and Environment Re: Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions — Waste to Energy Design and Operation Plan — Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Dear Honorable Commissioners, The Colorado Department of Public Health and Environment ("CDPHE"), Hazardous Materials and Waste Management Division of ("the Division") received on April 21, 2009 one copy of a Certificate of Designation ("CD") Application entitled "Waste to Energy Design and Operation Plan for Heartland Renewable Energy, LLC" ("the DOP") dated April 2009, submitted and prepared by AGPROfessionals, LLC ("AGPRO"). On May 15, 2009 via e-mail, the Division received official notification from the Weld County Department of Planning Services requesting the Division begin reviewing the document. The Division conducted a completeness review in accordance with procedures outlined in the Solid Waste Act ("Act"), CRS 30-20-101.5 et seq., and corresponding Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 ("the Solid Waste Regulations"). In a letter dated May 27, 2009 the Division notified Heartland Renewable Energy, LLC ("HRE") that the DOP, as submitted, was incomplete. On June 18, 2009, the Division received one copy of Revision #1 to the DOP dated June 15, 2009. In its letter dated July 1, 2009 the Division notified HRE that the revised DOP was determined to be complete. Pub/re Rev/elk) c .rtiHL 2010-0774 April 7, 2010 Weld County Commissioners Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions — Waste to Energy Design and Operation Plan — Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Page 2 The Division conducted its comprehensive technical review of Revision #1 of the DOP pursuant to the procedures outlined in the Act and the Solid Waste Regulations. The Division's preliminary comments and requests for additional information regarding Revision #1 were provided in its letter dated July 13, 2009. In response to the Division's July 13th letter, AGPRO prepared Revision #2 to the DOP dated September 15, 2009. Revision #2 was received by the Division on September 22, 2009. On September 27, 2009 the Division published a notice in The Greeley Tribune requesting public comments on the DOP. The public comment period ended October 27, 2009 with the Division receiving no comments. After reviewing Revision #2, the Division provided comments in a letter dated November 12, 2009. In a letter dated December 7, 2009, AGPRO provided responses to the Division's November It comments. The Division requested additional information and clarification via electronic mail dated December 18, 2009. The Division received via e-mail on January 12, 2010 and via regular mail on January 14, 2010 a letter dated January I I, 2010 from AGPRO which provided written responses and updated drawings. In its letter dated February 1, 2010, the Division approved, with modifications, the AGPRO letters dated December 7, 2009 and January 11, 2010, and the revised drawings dated January 6, 2010. The Division required FIRE to submit an updated DOP to the Division for its review and approval. On March 26, 2010 the Division received Revision #3 to the DOP dated March 19, 2010 ("Revised DOP"). The Division has reviewed the Revised DOP for technical merit. It is the determination of the Division that the proposed facility can comply with the technical, environmental, and public health standards in the Act and corresponding Solid Waste Regulations if the facility is constructed, operated, and monitored as detailed in the Application, and with the conditions of the Division as stated in this letter. Based on this assessment, the Division recommends, as final agency action, that this facility maybe approved by Weld County, with the conditions set forth herein and with any additional local restrictions. The Division's approval of the Application has the following conditions that shall be incorporated into the CD when and if issued by Weld County. Please note that certain conditions listed below are included in the Revised DOP but are repeated herein for emphasis. 1. Prior to construction, HRE shall submit to the Division and Weld County for review and approval, a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications, and construction drawings. The documents shall be submitted at least sixty (60) calendar days prior to commencement of construction. 2. Following construction, FIRE shall submit to the Division and Weld County for review and approval a construction certification report, which includes construction record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth in the CQA/QC Plan. The construction certification report shall be submitted at least sixty (60) days prior to acceptance of feedstock. April 7, 2010 Weld County Commissioners Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions — Waste to Energy Design and Operation Plan — Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Page 3 3. Section 3.0(E)(1), Run-on, Run-off, includes the following statement: "The attached site map, indicates the preliminary grading contours and demonstrates how all runoff will flow toward a storm water retention pond to he constructed in the northwest corner of the property." The "attached site map" refers to Sheet D -1, Revision #6 dated March 4, 2010 included at the end of the Revised DOP. 4. Section 3.0(E)(2), Wastewater Ponds, includes the following statement: "These ponds will he designed in accordance with Section 9 of the Solid Waste Regulations as Class Ii impoundments. The Groundwater Monitoring Plan has been implemented and groundwater monitoring wells are located to enable detection and assessment of the controlled seepage impact on groundwater." Sheet MW -1 in the Groundwater Monitoring Plan shows existing monitoring well MW -2 within the footprint of a proposed reject -water storage pond. AGPRO has informed the Division the HRE plans to keep MW -2 at its current location and reconfigure/relocate the reject -water storage pond to avoid MW -2. The Division requires MW -2 to be located immediately down - gradient from (ie., as close as practical to) the reconfigured/relocated northern -most reject -water storage pond. Following the installation of proposed groundwater monitoring wells MW -4 and MW -5, HRE must submit boring logs and well completion information to the Division and Weld County. 5. Section 3.0(E)(5), Low Permeability Workpad, includes the following statement: "A non permeable work pad will be located in the soil amendment delivery building where the de -watered digestate (soil amendment) will be contained after removal from the digesters, and prior to being relocated to the soil amendment storage area This non - permeable concrete pad and delivery building will contain daily batches of the initial 90 - days of production of de -watered digestate, and will allow for adequate storage of this product while it is being analyzed A waiver request for a low permeable work pad for the area designated as soil amendment storage will be submitted to the Division and WCDPHE for approval, to he supported by the full analysis of the de -watered digestate product. " As a matter of clarification, HRE has indicated that it intends to use the Solids Dewatering Building (structure number 50) as the "soil amendment delivery building" during the initial 90 days of production. If the waiver request is denied, then HRE shall continue to use the Solids Dewatering Building for storage of soil amendment, or HRE shall construct low permeability work pads in the areas designated on the plans as "soil amendment storage." Should low permeability work pads become necessary, the design details, and any necessary revisions to the CQA/QC Plan must be submitted to the Division and Weld County for review and approval prior to construction of low permeability work pads. April 7, 2010 Weld County Commissioners Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions - Waste to Energy Design and Operation Plan - Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Page 4 6. Sections 4.0(B)(1) and (2), Inputs/Feed Stock, includes the following statement: HREs digester facility will not accept hiosolids, or any other solids, processed solid waste, or sludge other than those described above at this time However, at such time that a Type III [sic] feedstock could be beneficially used in the digestion process, HRE shall provide all necessary documentation and request approval to accept the Type III [sic] feedstock." The Division considers all of the proposed feedstock listed in Section 4.0(B)(2) of the Revised DOP as Type 1 and Type 2 as defined in Section 14.1.4 of the Solid Waste Regulations. As such, the proposed HRE facility is not currently approved to accept Type 3 feedstock. Section 14.1.4 of the Solid Waste Regulations defines Type 3 feedstock as: "Biosolids, solid waste, processed solid waste, and sludges." Should FIRE desire to accept certain Type 3 feedstock material in the fixture, HRE is required to update the facility's waste characterization plan pursuant to the requirements specified in Section 14.6.1(C) of the Solid Waste Regulations. The acceptance of Type 3 feedstock would be considered a significant change as defined in Section 1.3.9 of the Solid Waste Regulations. The updated waste characterization plan requires approval from the Division and Weld County prior to acceptance of Type 3 feedstock. 7. The Division approves the list of constituents presented in Table 1 on page 5 of the Groundwater Monitoring Plan. Because the Revised DOP limits the feedstock to Type 1 and Type 2 material, the Division agrees with the assessment of AGPRO that it is unnecessary to test ground water for total organic halogen, phenolic compounds, and organic constituents listed in Appendix IB of the Solid Waste Regulations. Should HRE seek approval for certain Type 3 feedstock in the future, the Division may require revisions to the groundwater testing requirements. S. The facility shall comply with the health laws, standards, rules, and regulations of CDPHE's Hazardous Materials and Waste Management Division, Water Quality Control Division, and Air Pollution Control Division. The facility shall also comply with all local laws, ordinances, and CD conditions. As required by the Act, 30-20- 104(3)(a) and (3)(b), Weld County is obligated to notify its citizens and conduct a public hearing regarding the proposed solid waste facility. Please forward a copy of the County's final resolution concerning the CD issuance or denial to the Division. The Division is authorized to bill for its review of technical submittals pursuant to Section 1.7 of the Regulations. An invoice for the Division's review of the Revised DOP will be transmitted to Heartland Renewable Energy, LLC under separate cover. Should you have questions or comments, please call Curt Stovall at (303) 692-2295 or Roger Doak at (303) 692-3437. April 7, 2010 Weld County Commissioners Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions — Waste to Energy Design and Operation Plan — Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Page 5 Sincerely, Curt Stovall, P.E. Environmental Protection Specialist Solid Waste and Material Management Unit Solid and Hazardous Waste Program Roger Doak Permitting Group Unit Leader Solid Waste and Material Management Unit Solid and Hazardous Waste Program Cc: Gary Beers — Water Quality Control Division Chris Gathman — Weld County Department of Planning Services George Howard — Heartland Renewable Energy, LLC Tim Naylor — AGPROfessionals, LLC Dana Podell — Air Pollution Control Divsion Troy Swain — Weld County Health Department Phyllis Woodford — Office of Environmental Innovation and Sustainability SW/WLD/HRE 2.1 REVISED NOTICE (Revised as to Request) Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. The complete case file may be examined by calling or visiting the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence prior to the Board of Commissioners hearing, email e-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Clerk to the Board's Office at the numbers above, for hearing continuance information. BOARD OF COMMISSIONERS DATE: February 25, 2013 TIME: 9:00 a.m. CASE #: USR-1704 APPLICANT: Shelton Land and Cattle, Ltd. and Heartland Renewable Energy, LLC PLANNER: Chris Gathman REQUEST: Consider modifications to conditions of approval prior to recording the plat and consider modifications prior to recording the plat to the layout of A Site Specific Development Plan and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digester based renewable energy plant (gas)), along with a concrete batch plant to be used for construction of the facility, in the A (Agricultural) Zone District, including the Certificate of Designation - Shelton Land and Cattle, LTD., and Heartland Renewable Energy, LLC. Consider proposed modifications to condition of approval 1.O.2 "Public Works will require a right acceleration and fight deceleration lane be constructed on WCR 49 when traffic volumes meet the triggers of 25vph turning right into the facility during a peak hour and 50vph during right out of the facility during the peak hour. This requirement will be included in the Improvements Agreement. Prior to the start of construction of the auxiliary lanes, final construction drawings will be required to be reviewed and accepted by Public Works." Proposed major modifications to the plat include: changing from 6 lined ponds (1 storm water pond and 5 addition process ponds) to 3 lined ponds (2 storm water ponds, 1 settling basin, 1 covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to 5 above ground digester tanks approximately 50 -feet in height. LEGAL DESCRIPTION: Part SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: 1/2 mile south of CR 42 and 1/2 mile east of CR 47. (See Legal Description for precise location) SIZE: 80 acres, more or less. DATED: February 14,2013 PUBLISHED: February 15, 2013, in the Greeley Tribune V7 M Vl V1 N a 00 0 v c v1 v1 00 N lD '0 t0 lD N 00 O O O O O I� 00 00 00 00 00 DENVER CO LASALLE CO O O U U w Z J W Q W VI r0 ROGGEN CO 80645-3143 LASALLE CO VI 0 0 CO LASALLE CO O LO W I- V) 5 W v)cc I— W w 0 w 0 5 H < n I1/1 ci I- v v VI ,n z v C Z 0: K to CD J K U U XCC Lot° 000 000 2 X Q U l7 � 0 rn rn 0 00 ul � 0000 •Ct tO .-1 .--I 0- a .--I c -I U1 cc z 0 c 0 O cc a 0 Z D 0 F 0 K In JOHN BROSNAHAN STATE OF COLORADO STANLEY FLIPPIN STEVEN FLIPPIN SHELTON DAIRY CORPORATION SHELTON LAND AND CATTLE LTD CERTIFICATE OF MAILING 0 Y Ca V V 0 C CU r L a, u C m O U to C_ N 0) C 0 O H 01 a 0 a 00 C_ C 0 O U, N N (0 a/ H al T 0 CO N N m U Y ro LL a 01 10 aJ 00 O a S N ai ✓1 a) N C 3 to m N -0 U L 0 C Y _m T U, 0 C > O N m U t r 0 m Y CD 1.-1 m 3 L Y 4-0 C 0 u N E a h a) = 0! v a.)17 m L N (Revised Notice - 2nd Mailing) -0 m O [0 0J Y 0 Y Karla Ford From: Chris Gathman Sent: Thursday, February 14, 2013 7:52 AM To: Karla Ford; Brad Yatabe Cc: Esther Gesick Subject: FW: USR-1704 (Heartland Renewable Energy) request from AGPRO Attachments: 20101530.tif; Request to change layout SPO notice - draft.docx; Revised USR-1704 modifications request.docx I spoke to Tom this morning. He indicated it was acceptable to Planning staff to send out the amended notice to surrounding property owners by mail and I will post the property with a sign. We do not need to renotice in the paper. I attached a re -draft of the notice (the attachment on the far right) to include the condition of approval that Heartland/AGPRO wishes to reconsider. Let me know if that is acceptable. If that is OK the SPO letters need to go out in the mail by no later than Friday of this week. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Wednesday, February 13, 2013 4:44 PM To: Brad Yatabe Cc: Esther Gesick; Karla Ford Subject: USR-1704 (Heartland Renewable Energy) request from AGPRO Brad, I left you a phone message regarding this as well. I received a phone call from Tim Naylor yesterday. He wanted to bring up a couple of items in the USR resolution for reconsideration at the February 25th Board meeting. This hearing was originally scheduled to reconsider changes to the layout of the USR site plan map and was noticed as such. 1 1) Item D.2 on page 4 — they want to argue the triggers/requirement for the right acceleration and right deceleration lanes. 2) And he mentioned removing language requiring recording of the plat prior to release of building permits (because they want to apply for early release) — I am not finding that language in the attached resolution so that may not even be necessary. Question (at least for item D.2): Would this require an amendment to the notice for the February 25th hearing to include the reconsideration of this condition? Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 REQUEST: Consider modifications to conditions of approval prior to recording the plat and consider modifications prior to recording the plat to the layout of A Site Specific Development Plan and Use by Special Review Permit, USR- 1704, for a Solid Waste Disposal Site and Facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digester based renewable energy plant (gas)), along with a concrete batch plant to be used for construction of the facility, in the A (Agricultural) Zone District, including the Certificate of Designation - Shelton Land and Cattle, LTD., and Heartland Renewable Energy, LLC. Consider proposed modifications to condition of approval 1.D.2 "Public Works will require a right acceleration and right deceleration lane be constructed on WCR 49 when traffic volumes meet the triggers of 25vph turning right into the facility during a peak hour and 50vph during right out of the facility during the peak hour. This requirement will be included in the Improvements Agreement. Prior to the start of construction of the auxiliary lanes, final construction drawings will be required to be reviewed and accepted by Public Works." Proposed major modifications to the plat include: changing from 6 lined ponds (1 storm water pond and 5 addition process ponds) to 3 lined ponds (2 storm water ponds, 1 settling basin, 1 covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to 5 above ground digester tanks approximately 50 -feet in height. Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. The complete case file may be examined by calling or visiting the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence prior to the Board of Commissioners hearing, email e-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Clerk to the Board's Office at the numbers above, for hearing continuance information. BOARD OF COMMISSIONERS DATE: February 25, 2013 TIME: 9:00 a.m. CASE #: USR-1704 APPLICANT: Shelton Land and Cattle, Ltd. and Heartland Renewable Energy, LLC PLANNER: Chris Gathman REQUEST: Consider modifications prior to recording the plat to the layout of A Site Specific Development Plan and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digesterbased renewable energy plant (gas)), along with a concrete batch plant to be used for construction of the facility, in the A (Agricultural) Zone District, including the Certificate of Designation - Shelton Land and Cattle, LTD., and Heartland Renewable Energy, LLC. Proposed major modifications include: changing from 6 lined ponds (1 storm water pond and 5 addition process ponds) to 3 lined ponds (2 storm water ponds, 1 settling basin, 1 covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to 5 above ground digester tanks approximately 50 -feet in height. LEGAL DESCRIPTION: Part SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: 1/2 mile south of CR 42 and 1/2 mile east of CR 47. (See Legal Description for precise location) SIZE: 80 acres, more or less. DATED: February 12, 2013 PUBLISHED: February 15, 2013, in the Greeley Tribune Affidavit of Publication STATE OF COLORADO County of Weld, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, Notice that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and • in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Fifteenth day of February A.D. 2013 and the last publication thereof: in the issue of said newspaper bearing the date of the Fifteenth day of February A.D. 2013 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. February 15, 2013 TotalChurgos: $11.56 15th day of February, 2013 My Commission Expires6/14/2013b••'• toTAR- • PUBUG;O:, Notary Pub'•' OF CO. utw SURROUNDING PROPERTY OWNERS O r -- cc tit ui m ui ui NJ N 0_ 00 O Cry Jn Jn co N LD LD LID LID N m O O O O O n- co co co co co I- H Lin U U, CM CC 0 0 Q 2 Q z VANDERPOOLTX 45066 FM 187 JOHN BROSNAHAN DENVER CO 600 GRANT STREET SUITE 640 STATE OF COLORADO LASALLE CO 19108CR47 STANLEY FLIPPIN LASALLE CO 19108CR47 STEVEN FLIPPIN ROGGEN CO PO BOX 65 SHELTON DAIRY CORPORATION ROGGEN CO PO BOX 65 SHELTON LAND AND CATTLE LTD 80645-3143 LASALLE CO 112 WALNUT STREET JAMES STEWART Jn O OO 00 LASALLE CO 18850 CR 49 RICHARD WALTERS CERTIFICATE OF MAILING c O H N Lp m u QJ -U1 Y 41 _C L L 3 N 41 N u m c t0 -o IA N O u u C 'o C �. W i Ul o" c to ra o N ` O O CL e. no C Y y g a CU L Y_ J C Q1 Q C NJ NJ a O U N N y, .--I J UeL n N rn a.; a l u w o T N C83 p J m U/ Z L CU C i L to CO N 0 O O U r N Y W C Y u L - _N CL Y u j U c Y N 4 L U V LL J O WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. ()m10Ei /05525 -7 Acf P 4504 Account R4284586 Property Owners Within 500 ft. of Parcel # 105525000007 Parcel 105330000001 R4285186 105330000018 R0201188 105330000028 R4374986 105536000005 R3172604 105525300002 R3172604 105525300002 R3172504 M4365686 R4364686 R4364786 105525300001 105525000008 105525000007 105525000008 R4284586 105330000001 R4284586 R8751900 R8751900 105330000001 105331000012 105331000012 R4284586 105330000001 Owner BLIGHT WENDY K REVOC LIVING TRUST BROSNAHAN JOHN W BROSNAHAN JOHN W COLORADO STATE OF FLIPPIN NANCY E FLIPPIN STANLEY D FLIPPIN STEVEN SHELTON DAIRY CORP Signature Mailing Address SHELTON LAND & CATTLE LTD SHELTON LAND & CATTLE LTD STEWART JAMES K STEWART MARK R WALTERS KATHY J WALTERS RICHARD A WATSON KAREL J Date 45066 FM 187 VANDERPOOL TX 78885 45066 FM 187 VANDERPOOL TX 78885 600 GRANT ST STE 640 DENVER CO 80203 19108CR47 LA SALLE CO 80645 19108CR47 LA SALLE CO 80645 PO BOX 65 ROGGEN CO 80652 PO BOX 65 ROGGEN CO 80652 PO BOX 65 ROGGEN CO 80652 112 WALNUT ST LASALLE CO 806453143 18850 CR 49 LASALLE CO 80645 Hello