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.
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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
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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
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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••'•
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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
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18850 CR 49
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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
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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
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