HomeMy WebLinkAbout20123255.tiff RESOLUTION
RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY
SPECIAL REVIEW PERMIT #1704 - 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, 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#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, 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 Department of Planning Services notified the applicant of outstanding
Conditions of Approval and items to be completed prior to recording the plat, by letters dated
August 4, September 26, and October 17, 2011, and
WHEREAS,on November 14, 2011, an Initial Hearing was held before the Board to consider
granting additional time to meet all of the conditions/requirements of approval and record the plat, or
set a Final Determination Hearing to Rescind approval of Use by Special Review Permit#1704 and
Deny the application, and
WHEREAS, at said hearing, the applicant's representative, Tim Naylor,
AGPROfessionals, LLC, 4350 Highway 66, Longmont, Colorado 80504, was present, and
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to grant
additional time to meet all of the conditions/requirements of approval and record the plat, and
continued the matter to November 14, 2012, at 9:00 a.m.
WHEREAS, on November 14, 2012, after hearing all testimony presented, the Board
deemed it advisable to dismiss the hearing and refer the matter back to Planning Services staff with
instruction to the applicant to submit quarterly reports.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the applicant has demonstrated a willingness and ability to complete the
process and the Board deems it advisable to dismiss the Initial Hearing and refer the matter back to
Department of Planning Services staff, with instruction to the applicant to submit quarterly reports.
CC . Pppl I Q „� 1 �L(ChnS frt� 2012-3255
I��, w-f a PL2072
DISMISS INITIAL HEARING AND REFER USE BY SPECIAL REVIEW PERMIT#1704 BACK TO
STAFF-SHELTON LAND AND CATTLE, LTD.,AND HEARTLAND RENEWABLE ENERGY, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of November, A.D., 2012.
_ BOARD OF COUNTY COMMISSIONERS
Lis) WELD COUNTY, COLORADO
ATTEST: piva C
�`rOr
'�1:n P. Conw- , Chair
Weld County Cle k to the B.: .'
. `
BY: aA A In +Ci( 'C~9 \ F i�m F. arcia, 'ro-7em
Deputy Cler tot,e Board / zAje,/,',L.2
ra Kirkmeyerr /
R E FORM: q;
David E. Long /
unty Attorney EXCUSED
Douglas Rademacher
Date of signature: D\ JI95«
2012-3255
PL2072
1861 -1011 MEMORANDUM
TO: Weld County Commissioners
WEL`LJ0 NTY
DATE: November 13, 2012
FROM: Chris Gathman C A
SUBJECT: USR-1704 Status
Timeline:
• Approved by the Board of County Commissioners 6/21/2010.
• Late plat notification letter sent via certified mail 8/4/2011
• Returned receipt received from Property Owner &Authorized Agent 8/11/2011
• 2nd late plat notification letter sent via certified mail 9/26/2011
• Letter returned (unclaimed)from Heartland Renewable Energy— 10/19/2011. Returned receipt of
letter received from Authorized Agent(AGPRO) & Property Owner—9/30/2011.
• 3rd late plat notification letter sent via certified mail 10/17/2011
• Letter returned (unclaimed) from Heartland Renewable Energy 11/9/2011.
• 3rd plat notification letter receipt received from Applicant on 10/20/2011 and from Authorized
Agent on 10/20/2011
• On 11/14/2011 the BOCC held and initial hearing to consider granting additional time to meet all
conditions/requirements and record the plat or schedule a hearing to rescind the permit. The
Board continued the initial hearing until 11/14/2012.
Remaining Outstanding Conditions of Approval:
All conditions of approval on the USR-1704 resolution are still outstanding(conditions of approval 1.A through
1.M).
Staff Recommendation:
Staff received written correspondence from the applicant's consultant indicating that they intend to
proceed with the USR with some amendments to the design of the site. According to the consultant the
area covered by the operation will be less than the area covered under the original USR-1704 site plan.
The applicant is currently in the process of revising and submitting a revised Design and Operation Plan to
the Colorado Department of Public Health and Environment(CDPHE). The applicant will also be required
to submit a revised site plan to Weld County staff for review.
The applicant has indicated that they intend to complete permits by March of 2013 and begin construction
by April of 2013 and have the project online by April of 2014. The applicant is requesting to continue this
2012-3255
hearing until April of 2014.
Staff recommends a continuance until April of 2013 (the proposed start of construction date).
Esther Gesick
From: Tim Naylor[tnaylor@agpros.com]
Sent: Friday, November 09, 2012 1:48 PM
To: Chris Gathman
Cc: Esther Gesick; Tom Haren; Marcy Kappen; Glen Czaplewski
Subject: RE: USR-1704 Status
Attachments: Heartland 090512 Project Status Report_updated_11-6-12_tbn.pdf
Chris and Esther
Attached is a document that provides a fairly clear status report of the upcoming project and timeline to finish the
Heartland project. We are currently revising the site to reflect the changes, I will provide a draft on Monday.
The completion date for the project to be on-line is April 2014 so we would request an extension to that date.
I will have more info Monday.
Thanks
lux 23/44
AGPROfessionals, LLC
4350 Highway 66
Longmont, CO 80504
(970) 535-9318
Fax(970) 535-9854
Cell (303) 870-0013
www.agpros.com
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Friday, November 09, 2012 12:57 PM
To: Tim Naylor
Cc: Esther Gesick
Subject: FW: USR-1704 Status
Tim,
Esther was requesting some information on Heartland for Wednesday's hearing. How much time is the applicant
requesting to addressed the revised D&O, changes to the USR development plans...?
Also could you send me a narrative and a "DRAFT" map that at least preliminarily shows what the plans are at this
stage. Thanks!
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
1
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the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
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contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Esther Gesick
Sent: Friday, November 09, 2012 9:42 AM
To: Chris Gathman
Subject: USR-1704 Status
Chris,
What is the status on this case? Trying to complete a Draft Resolution. Thanks!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 O Street)P.O. Box 758'Greeley, CO 80632
tel: (970)336-7215 X4226
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2
Heartland Renewable Energy. LLC
Project Status Report
1. Site and Project Status
• The Anaerobic Digester Facility("Facility")will be installed adjacent to an existing dairy
located in Weld County CO, 5 miles east of Platteville. The Facility will utilize 5
standard above-ground complete mix digester systems (^' 1.3 MM gallons each)
• A land purchase option agreement is in place with the Dairy owners for the sale of
required property for the Facility
• The site of the proposed Facility is approximately Eighty Acres (80) with the plant
utilizing approximately Fifteen (15) acres.
• A Geotechnical study and a Phase I Environmental Site Assessment were completed
and no environmental concerns were found.
• The Project has secured an agreement (Off-take Agreement)for the sale of Bio-
Methane for 20 years.
• This agreement provides the underlying credit capacity necessary to secure non-
recourse project finance capital.
• Heartland completed an agreement with HBE/EDF Renewable Energy to develop,
construct, own and operate the Facility on February 28th, 2012.
• HBe (Homeland Biogas Energy) and EDF Renewable Energy (EDF) provide an
unparalleled capacity of practical design, construction and operating experience in the
AD sector with significant financial capability and commitment to the AD market.
• With the recent August 31st legislative actions in the California Assembly (see below),
the Project can now proceed to next steps.
2. California Market Status
• The California Energy Commission ("CEC") on March 28th, after a formal Hearing,
issued a moratorium on the use of bio-methane as an eligible fuel for the Renewable
Portfolio Standard (RPS).
• The moratorium basically established that bio-methane was not an eligible fuel and
created a hold on all in-state and out-of-state bio-methane projects and created
uncertainty on off-take contract validity with Sacramento Municipal Utility District
(SMUD), the counter party purchasing the Bio-Methane pursuant to a long term
contract with Heartland.
• The CEC was ultimately seeking legislative guidance and a solution to the moratorium.
• HBe and EDF worked diligently with SMUD and other bio-methane advocates to
develop and propose new legislation that would resolve and end the CEC moratorium.
Weld County Project Review Page 1 of 5 November 6, 2012
• The Heartland Team along with the American Biogas Council and other bio-methane
supporters developed two Bills. These were the AB 1900 and AB 2196.
• AB 1900 deals primarily with gas pipeline interconnection issues. AB 2196 manages
(among other matters) the issue of in-state and out-of-state legacy contracts which
would be applicable to the Heartland Project.
• After several months of lobbying activity and negotiation of legislative language, we
successfully secured approval of each Bill. They were voted on and passed on August
31s`, 2012.
• AB 2196 confirms the contract sanctity of the Legacy contracts including the SMUD
and Heartland transaction.
• With this issue resolved, we can now move forward with securing all the final
approvals, secure financing and proceed with construction.
3. Offtake
• Counterparty: Sacramento Municipal Utility District (SMUD)
• Output Capacity: Up to 7,000 MMBtu per day of Renewable Natural Gas
• Term: 20 years
4. Schedule
• Permits Complete: March 2013
• Financial Close: March 2013
• Construction Start: April 2013
• Startup: February 2014
• Commercial Operation: April 2014
5. Fuel
(a) Manure
Manure Collected
Dairy Cows # Head (gallons/day)
Milking Cows 5,200 82,875
Dry Cows 400 2,490
Heifers 5,000 18,000
10,600 103,365
• In addition to the manure, approximately 100,000 gallons of recycled digester
effluent and parlor wash water will be added to the raw manure for a total
volume of approximately 200,000 gallons per day
• Effluent (total of approximately 250,000 gallons per day) will be stored in new
lagoons and used by the Dairy to irrigate and fertilize their cropland
Weld County Project Review Page 2 of 5 November 6, 2012
(b) Substrate
• In addition to using animal manure as a feedstock, the Facility will utilize 140,000
gallons per day of substrate, which is equivalent to 190,000 tons per year.
• Organic materials that include fats, oils, greases, sugars and proteins enhance the
natural gas production above that of Manure alone.
• The Denver metropolitan area and adjacent regions consist of a population of 2.7
million people and is home to many large food processing companies, including
Cargill,JBS Swift, Tyson, Butterball, and Pilgrim's Pride, all of which generate
significant quantities of material which can be used as substrates for the Facility.
• There are at least 30 significant food processing companies and 10 Ethanol plants
located within a 150 mile radius of the site. Each of these will generate
substantial volumes of substrate. Based on an analysis of the supply region there
is more than sufficient volume of substrate in close proximity to the Facility to
produce the renewable natural gas (RNG) output volume.
6. Permits
The Project has received many of the major permits, a portion of which will require
modification to accommodate the selected AD technology. We have retained the same
consultant responsible for obtaining the previous Project permits to assist in guiding the
Project through this process. Significant permits are listed below.
Use by Special Review (USR) • Weld County
• Completed July 21, 2010
Class I Compost/Solid Waste • Colorado Department of Public Health &
Permit Environment (CDPHE) and Weld County Public
Health & Environment (WCPHE)
• 90-95%complete. Final completion post-
construction
• Design and Operation Plan needs to be revised
and resubmitted for review and approval
Air Permit (APEN—Air Pollutant • CDPHE -Air Quality Control Commission
Emission Notice) • Multiple Air Permits (different emissions
sources like flare, scrubber, etc.) to be
obtained. Some prior to construction and
others prior operation, and after satisfying all
compliance testing and inspection
requirements
Groundwater Discharge Permit • CDPHE &State Engineer's Office
• To be submitted prior to construction
Septic Permit • WCPHE
• To be obtained prior to construction
Weld County Project Review Page 3 of 5 November 6, 2012
Storm Water Construction Permit • CDPHE &WCPHE
• To be obtained prior to construction
Local and County Permits- • Weld County Building Department (WCBD)
Building Permits • Multiple Building Permits (i.e., Electrical,
Plumbing, Foundation, Buildings, etc.)to be
obtained prior to construction.
Notes 1) There are other permits required, such as the boiler permit to operate,
utilities, etc. Major permits are listed above.
7. Pipeline Interconnect
• The RNG will be transmitted through the natural gas pipeline system to the Opal
trading hub in Wyoming.
• The Project interconnection will be with the Colorado Interstate Gas's (CIG) natural
gas pipeline located '/ mile from the site.
• SMUD will be responsible for transporting the RNG from the Delivery Point (Opal)to
their facility in California.
8. Engineering. Procurement, and Construction (EPC)
• The Facility will be designed, constructed, commissioned and tested under a date
certain fixed price EPC contract. The EPC contract has not been selected yet.
• An initial EPC estimate had a value of—$28 million.
9. Jobs and Economic Benefits
The business model for the Project is based on a 30 Year Operation Period. During the
Project's construction and operation, it will represent more than $200 million in economic
benefit to the local and State economies. Refer to the following table for a breakdown of
the potential 30 year impact of the Project.
Category Potential Impact Total Impact (2%
escalation)
Construction $20 million $20 million
Operations
Labor $1.5 million per yr $50 million
Materials/Utility $1.5 million per yr $50 million
Landfill Diversion $2.4 million per yr $80 million
Energy Cost Reduction $5.4 million (1" 10 yrs) $5.4 million
$205.4 million
10. Environmental and Other Benefits
• Mitigate nutrient management issues
• Provide an Eco-Advantage to the Colorado Agricultural Industry through the promotion
of eco-efficiency and eco-friendly disposal of by-products
Weld County Project Review Page 4 of 5 November 6, 2012
• Contribute to environmental compliance
• Minimize environmental risk by addressing environmental issues and staying ahead of
new regulatory requirements
• Capture the value of reduced environmental burdens
• Provide a Sustainable, Renewable, Green Solution for the processing and disposal of
food production and processing residuals
• Build competitive advantage
Weld County Project Review Page 5 of 5 November 6, 2012
1961 -2011 MEMORANDUM
TO: Weld County Commissioners
WEL`r�l'0UNTY
La] DATE: November 14, 2011
FROM: Chris Gathman
LAS
SUBJECT: USR-1704 Status
Timeline:
• Approved by the Board of County Commissioners 6/21/2010.
• Late plat notification letter sent via certified mail 8/4/2011
• Returned receipt received from Property Owner &Authorized Agent 8/11/2011
• 2nd late plat notification letter sent via certified mail 9/26/2011
• Letter returned (unclaimed)from Heartland Renewable Energy— 10/19/2011. Returned receipt of
letter received from Authorized Agent (AGPRO) & Property Owner—9/30/2011.
• 3rd late plat notification letter sent via certified mail 10/17/2011
• Letter returned (unclaimed)from Heartland Renewable Energy 11/9/2011.
• 3rd plat notification letter receipt received from Applicant on 10/20/2011 and from Authorized
Agent on 10/20/2011
Remaining Outstanding Conditions of Approval:
All conditions of approval on the USR-1704 resolution are still outstanding(conditions of approval 1.A through
1.M).
Staff Recommendation:
Staff has not been able to get a response from Heartland Renewable Energy. Staff, however, has
received responses from the authorized agent(AGPRO), who was the principal point of contact on the
USR-1704 application. Staff has had conversations with the applicant's authorized agent(AGPRO) and
they had indicated that the applicant may be looking for a new buyer for the facility and indicated that they
would plan on providing a written response as to the applicant's plan/timeline. However, staff received an
e-mail from AGPRO on 11/7/2011 indicating that they would not be providing a written response at this
time.
Given that staff has received no evidence of whether or not the applicant plans to proceed with this
application and that all outstanding conditions of approval are still pending—staff recommends proceeding
with scheduling a final rescission hearing for this case.
Esther Gesick
From: Chris Gathman
Sent: Sunday, November 13, 2011 7:53 AM
To: Esther Gesick
Subject: FW: Heartland Energy- USR-1704
FYI. Here is a response from Heartland's (USR-1704) Representative.
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
ig6 ia ' I
WED Yo.in -Y.
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: Tim Naylor [mailto:tnavlor@agnros.com]
Sent: Monday, November 07, 2011 3:04 PM
To: Chris Gathman
Subject: RE: Heartland Energy- USR-1704
Thanks for the heads up, I don't have anything to submit at this time.
Tim Naylor
AGPROfessionals, LLC
4350 Highway 66
Longmont,CO 80504
(970) 535-9318
Fax(970) 535-9854
Cell (303)870-0013
www.aRpros.com
From:Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Monday, November 07, 2011 1:46 PM
To:Tim Naylor
Subject: Heartland Energy- USR-1704
Tim,
1
Just an FYI—Heartland is scheduled to go before the Board of County Commissioners a week from today. If you wish to
submit anything this week that I can forward to the Clerk to the Board Office be sure you submit prior to this Friday as
our office will be closed on Friday. Be sure to cc Esther Gesick on any information that you send me.
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
! ea i
Wf.-O. COJN -
u
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
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2
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
•WELD,COUNTY Greeley, CO 80631
cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
October 16, 2011
Shelton Land & Cattle, Ltd.
P.O. Box 65
Roggen, CO 80652
Heartland Renewable Energy, LLC
2400 Trade Center Avenue, Suite 201
Longmont, CO 80503
Tim Naylor, AGPROfessionals, LLC
4350 Highway 66, Longmont, CO 80504
Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1704.
Dear Applicant:
The Planning Department is working through our historical case files in an effort to resolve unrecorded
and outstanding land use permits. You are receiving this letter because you have applied for a Use by
Special Review (USR) permit with Weld County but have never followed through the steps to complete
the process. You should have received two other letters from me in August, 2011 and September, 2011
concerning the same topic.
On July 21, 2010, your application for an Use by Special Review was approved by the Weld County
Board of County Commissioners with specific Conditions of Approval. At this time the conditions of
approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and
Recorder.
One of the required Conditions of Approval in the Board of County Commissioners resolution grants the
applicants one-hundred eighty (180) days to submit a Mylar Plat, and provide written evidence that all
conditions outlined in the resolution have been completed. Should you choose not to complete the Use
by Special Review process and provide the required Mylar Plat, the Department of Planning Services
requests written notification of your decision to withdraw the application and that the use is not active on
the property.
If you are unable to meet the Conditions of Approval and record the plat by November 14, 2011 an initial
hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld
County Administration Building, located at 1150 O Street, at 9:00 am on November 14, 2011. It is
strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners
has the authority to grant additional time to meet all the conditions/requirements of approval and record
the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-
PL ria
1704 and deny the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
6LQ.
Chris Gathman
Planner III
October 16, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1704)
Dear Mr. Gathman,
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
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heartlandrenew.com Page 1 of 2
HeartLand I Renewable Energy search
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Longmont, Colorado 80503 impacts of various waste streams on our a
and water resources.
Ph: 303-485-0600
http://heartlandrenew.com/content/view/16/30/ 10/16/2011
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
WELD -€ OU TY Greeley, CO 80631
cgathman@co.weld.co.us
Ext. 0
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
September 26, 2011
Shelton Land & Cattle, Ltd.
P.O. Box 65
Roggen, CO 80652
Heartland Renewable Energy, LLC
2400 Trade Center Avenue, Suite 201
Longmont, CO 80503
Tim Naylor, AGPROfessionals, LLC
4350 Highway 66, Longmont, CO 80504
Subject: god Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1704.
Dear Applicant:
The Planning Department is working through our historical case files in an effort to resolve unrecorded
and outstanding land use permits. You are receiving this letter because you have applied for a Use by
Special Review (USR) permit with Weld County but have never followed through the steps to complete
the process. You should have received another letter from me in August concerning the same topic.
On July 21, 2010, your application for an Use by Special Review was approved by the Weld County
Board of County Commissioners with specific Conditions of Approval. At this time the conditions of
approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and
Recorder.
One of the required Conditions of Approval in the Board of County Commissioners resolution grants the
applicants one-hundred eighty (180) days to submit a Mylar Plat, and provide written evidence that all
conditions outlined in the resolution have been completed. Should you choose not to complete the Use
by Special Review process and provide the required Mylar Plat, the Department of Planning Services
requests written notification of your decision to withdraw the application and that the use is not active on
the property.
If you are unable to meet the Conditions of Approval and record the plat by November 14, 2011 an initial
hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld
County Administration Building, located at 1150 O Street, at 9:00 am on November 14, 2011. It is
strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners
has the authority to grant additional time to meet all the conditions/requirements of approval and record
the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR-
1704 and deny the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
Chris Gathman
Planner Ill
l • •
September 26, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1704)
Dear Mr. Gathman,
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SEN•E•: C•M'LETE THIS SECTI•N COM•LETS THIS SECTI•N •N •ELIVE'Y
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TO: Waste File- Heartland Renewable
-�' Energy,LLC
WELD COUNT } FROM: Troy Swain, Environmental Health /a
Specialist, Weld County Dept. Public
Healt
h & Environment
DATE: August 19, 2011
SUBJECT: Heartland Energy - USR-1704.
Construction has not started on Heartland Renewable Energy LLC, USR-1704 approved
7/21/2010. The planned facility is located at Weld County Roads 47 & 42, part of the SE4 of
Section 25, T4N, R65W of the 6th P.M., Weld County, Colorado.
CC: Chris Gathman, Weld County Department of Planning Services
• •
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
WELD,COUNTY Greeley, CO 80631
cgathman@co.weld.co.us
Ext. 0
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
August 4, 2011
Shelton Land & Cattle, Ltd.
P.O. Box 65
Roggen, CO 80652
Heartland Renewable Energy, LLC
2400 Trade Center Avenue, Suite 201
Longmont, CO 80503
Tim Naylor, AGPROfessionals, LLC
4350 Highway 66, Longmont, CO 80504
Re: Conditions of Approval; Use by Special Review USR-1704
Dear Applicant:
On July 21, 2010, your application for an Use by Special Review was approved by the Weld County
Board of County Commissioners with specific Conditions of Approval. At this time the conditions of
approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and
Recording.
One of the required Conditions of Approval in the resolution grants the applicants One-Hundred Eighty
(180) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the
resolution have been completed. Should you choose not to complete the Use by Special Review
process and provide the required Mylar Plat, the Department of Planning Services requests written
notification of your decision to withdraw the application and that the use is not active on the property.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of
Approval normally associated with land use cases, and is willing to work with you in completing your
request. Please notify the Department of Planning Services, in writing, within 10 working days of your
decision to complete the Use by Special Review within the next 60 days or withdraw the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Chris Gathman, 1555 N 17'" Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
S AI{
Chris Gathman
Planner Ill
pc: case file
tr✓tM 4, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17`h Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1704)
Dear Mr. Gathman,
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
item 4 If Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse o Addressee
sO that we can return the card to you. �« anted Name/ Vigo of live■ Attach this card to the back of the mailpiece, Ita\L,e,t-,_ Ilryor on the front if space permits. �--�'` tJ7� hD. Is
1. Article Addressed to: IfY a Eli ❑ No
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4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7010 1670 0000 2045 4315..
(Transfer from service label)
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PS Form 3800.August 2006 Sec Reverse for Instructions
Identify Results • • Page 1 of 1
Parcel Summary
Parcel#: 105525000007
Owner: SHELTON LAND & CATTLE LTD
Address: PO BOX 65
City: ROGGEN
State: CO
Zip Code: 80652
Account#:R4364686
Other Accounts on this Parcel
Account Type # of Account's
Oil 8
Detail Information:
maLAND BUILDING
6111212111
PROPERTY PROFILE
http://maps2.merrick.com/website/weld/setSQL.asp?cmd=search&LUI=PIN&par 1=105525... 8/4/2011
a6 1861 - 201 I Memorandum
TO: Waste File—Heartland Renewable
Energy, LLC
W E L D.-C Q U N T 1 FROM: Troy Swain, Environmental Health
Specialist, Weld County Dept. Public
Health & Environment
DATE: February 14, 2011
SUBJECT: Heartland Energy - USR-1704.
Construction has not started on Heartland Renewable Energy LLC, USR-1704 approved
7/21/2010. The planned facility is located at Weld County Roads 47 & 42,part of the SE4 of
Section 25, T4N, R65W of the 6th P.M., Weld County, Colorado.
CC: Chris Gathman, Weld County Department of Planning Services
Hello