HomeMy WebLinkAbout20113099.tiff INVENTORY OF ITEMS FOR CONSIDERATION
AppLLcavLt Jeff Reck case Nuvtber USR11 0010
Waste Logistics, LLC
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Weld County Sheriff's Office referral dated September 7, 2011
State of Colorado, Division of Water Resources, referral dated September
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Weld County Department of Public Health and Environment, referral dated
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\, Weld County Code Compliance, referral dated October 3, 2011
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• 1861 - 2011
W E L 0 N T Y LAND USE APPLICATION
SUMMARY SHEET
Case Hearing Date: November 1, 2011
Number: USR11-0010
Applicant: Jeffery Reck, dba Waste Logistics, LLC— 17240 County Road 48, LaSalle, CO 80645
Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility(Roust-a-bout, Excavating and Port-a-let Service)in the A(Agricultural)Zone District.
Legal
Description: SE-1015; being part of the NW4 NW4 Section 12, T4N, R66W of the 6th P.M., Weld County,
Colorado
Location: South of and adjacent to County Road 48; 0.25 miles East of County Road 35
Size of Parcel: 2.81 +/-acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
• The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies with
comments:
▪ State of Colorado Department of Transportation referral dated September 6, 2011
▪ Weld County Sheriff's Office referral dated September 7, 2011
• State of Colorado, Division of Water Resources, referral dated September 14, 2011
Weld County Department of Public Works, referral dated September 28, 2011
• Weld County Department of Public Health and Environment, referral dated September 30, 2011
• Weld County Code Compliance, referral dated October 3, 2011
The Department of Planning Services' staff has received responses from the following agencies without
comments:
• Town of Milliken, referral dated September 8, 2011
• West Greeley Soil Conservation District referral dated September 12, 2011
• Town of LaSalle referral dated September 29, 2011
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Department of Building Inspection
• City of Greeley
• LaSalle Fire Protection District
• Division of Labor and Employment
State of Colorado, Division of Wildlife
• EXHIBIT
USR11-0010 JEFFERY RECK-WASTE LOGISTICS, LLC, PAGE 1 }1
3$ I
LOSCI-Oo10
1861 - 201I •
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WELTLW O NTY
Planner: Kim Ogle
Case Hearing Date: November 1, 2011
Number: USR11-0010
Applicant: Jeffery Reck, dba Waste Logistics, LLC— 17240 County Road 48, LaSalle, CO 80645
Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility(Roust-a-bout, Excavating and Port-a-let Service)in the A(Agricultural)Zone District.
Legal
Description: SE-1015; being part of the NW4 NW4 Section 12,T4N, R66W of the 6th P.M.,Weld County,
Colorado
Location: South of and adjacent to County Road 48; 0.25 miles East of County Road 35
Size of Parcel: 2.81 +/-acres Parcel#: 1057-12-2-00-085
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 23-2-220.A.1.A.Policy 7.1.states
"County land use regulations should support commercial and industrial uses that are directly
related to, or dependent upon, agriculture, to locate within the agricultural areas, when the
impact to surrounding properties is minimal, or can be mitigated, and where adequate
services are currently available or reasonably obtainable." The Roust-a-bout, Excavating and
Port-a-let Service facility is presently in operation on site and is located in an area that allows
good access to the oil field. Further, Section 22-2-100.E. C.Goal 5. States "Minimize the
incompatibilities that occur between commercial uses and surrounding properties." The
entire business is screened from public rights-of-way and adjacent properties. Lands
surrounding this facility are in seed production,agriculture, including the Miller Feedlot to the
North and near oil and gas encumbrances.
Section 22-2-20.B.2 A.Policy 2.2 states: "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture,to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and 41infrastructure are currently available or reasonably obtainable. These commercial uses
lJSR11-0010 JEFFERY RECK-WASTE LOGISTICS, LLC,PAGE 2
• should be encouraged to locate in areas that minimize the removal of agricultural land from
production." The site is a Subdivision Exemption parcel of 2.81 acres with historic use
encumbrances, including a single family dwelling and a large metal skinned outbuilding.The
U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979 indicate that the soils
on this property as "prime". There is no irrigation water associated with the parcel. The
surrounding properties are primarily in agricultural production or part of the Miller Feedlot.
The applicant is proposing an on-site septic system and the water will be provided by an
individual commercial well. The Division of Water Resources in their referral dated
September 14, 2011 stated " . . . permit no. 286507 may be utilized for drinking and sanitary
facilities for a commercial business. Water from the well cannot be used for lawn or
landscape irrigation or for any other purpose outside of the business building structure. This
would prohibit the use of water for equipment washing (including portable toilets) or dust
suppression."
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support
and Service as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The property currently is in violation, (COMP11-00092)
was noted. This complaint was initiated due to the operation of Waste Logistics, LLC
and associated commercial storage,without the necessary Weld County Zoning Permits.
This case has not yet been presented to the Board of County Commissioners through the
Violation Hearing process. Since the applicant has submitted this application while the
case is still in the complaint status, no investigation fee is required. This complaint was
received through Public Works. This application if approved by the Board of County
Commissioners and once a plat is recorded will correct the violation. If this application is
• denied,all commercial storage and operations shall be removed from the property within
30 (thirty) days. Additionally, if denied by the Board of County Commissioners please
request this violation case be referred to the County Attorney's Office with a delay of legal
action for the 30 (thirty) days mentioned above.
There are four (4) property owners on (4) parcels within 500 feet of this proposed facility.
There have been no letters or electronic mail received and no telephone calls received for
this land use proposal. Development Standards and Conditions of Approval will ensure that
this use will be compatible with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the City of Greeley and Town's of
LaSalle and Milliken. The City of Greeley did not return a referral and the Towns of LaSalle
and Milliken returned a referral indicating no conflicts with their interests.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
USR11-0010 JEFFERY RECK-WASTE LOGISTICS, LLC,PAGE 3
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime ,
agricultural land for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of
Weld County dated 1979 designated the soils on this property"prime", however, given that
the 3.12 acre parcel contains the improvements from the historic use agricultural, the
applicant is utilizing the property for the highest and bet use.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR11-0010(Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) County Road 48 is designated on the Weld County Road Classification Plan as a loal .
gravel road,which requires 60 feet of right-of-way at full build out. There is presently
60 feet of right-of-way.All setbacks shall be measured from the edge of future right-
of-way. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County. (Department of Public Works)
3) The applicant has supplied this form. Pictures at the entrance have been supplied
as a part of the application. Our Traffic Engineer will evaluate the Access Permit
Application and accompanying documents. Show the approved access on the plat
and label it with the approved access permit number(AP11-#). This will be provided
when a revised application form is received.
4) Please delineate the retention and drainage facilities to be within a drainage
easement which has been described on the plat and labeled as a "No Build or
Storage Area". (Department of Public Works)
5) All off-street parking spaces, including the access drive shall be surfaced with
recycled asphalt gravel and shall be graded to prevent drainage problems and
delineated on the plot plan map. (Department of Public Works)
6) The application materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
D. The applicant shall submit to the Department of Public Works an Access Permit for the
property. (Department of Public Works) .
USR11-0010 JEFFERY RECK-WASTE LOGISTICS, LLC,PAGE 4
• E. The applicant shall submit water quality calculations needed to determine the size of the
water quality feature. Please contact Clay Kimmi for assistance in determining the size of the
water quality feature that will be needed. (Department of Public Works)
F. The applicant must address the requirements (concerns) of Weld County Department of
Building inspection, specifically address the change of use for each structure located on the
property,as stated in the referral response dated August 31,2010. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Building Inspection)
G. The applicant must address the requirements (concerns) of Weld County Department of
Environmental Health, specifically address:
1. The applicant shall provide a written statement to the Weld County Environmental
Health Services regarding withdrawal of the solid waste transfer station from the
USR application. (Department of Public Health and Environment)
2. The applicant shall submit a dust abatement plan, detailing on site dust control
measures, for review and approval, to the Environmental Health Services, Weld
County Department of Public Health & Environment. (Department of Public Health
and Environment)
3. An individual sewage disposal system is required for the proposed facility and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual
Sewage Disposal Regulations. (Department of Public Health and Environment)
•
4. Plans for the operations and associated structures for the portable toilet washout
area shall be submitted, for review and approval, to Environmental Health
Services Division of the Weld County Department of Public Health &
Environment. The portable toilet washout area shall capture all effluent and
prevent discharges from the washing of portable toilets. Portable toilet washout
area and associated structures should be designated on the plat. (Department of
Public Health and Environment)
5. The applicant shall submit evidence of an Aboveground Storage Tank permit
from the Colorado Department of Labor and Employment(CDL&E), Oil Inspection
Section for any aboveground storage tanks located on the site. Alternately, the
applicant can provide evidence from the (CDL&E), Oil Inspection Section that
they are not subject to these requirements. (Department of Public Health and
Environment)
6. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be
provided to Environmental Health Services Division of the Weld County
Department of Public Health & Environment. In accordance with Section 3-6-1 of
the Colorado Department of Labor and Employment Division of Oil and Public
Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations
(40 CFR Part 112). (Department of Public Health and Environment)
7. Burning used oil generated by the facility for space heating in a company owned
oil burner is allowed and is APEN and permit exempt by the state air pollution
regulations. However, since the oil changes are performed at an off-site
• commercial repair shop, and there is the potential for other used oil sources to
be mixed with the company's used oil, the company must have this potentially
non-exempt practice reviewed for permitting by the Colorado Department of
USR11-0010 JEFFERY RECK-WASTE LOGISTICS, LLC,PAGE 5
Health and Environment, Air Pollution Control Division (APCD) before any such
used oil is burned. If applicable, the applicant shall submit evidence of an Air
Pollution Emission Notice(A.P.E.N.) and Emissions Permit application from the
APCD. Alternately, the applicant can provide evidence from the APCD that they
are not subject to these requirements. (Department of Public Health and
Environment)
8. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the
commercial use. (Department of Public Health and Environment)
9. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health & Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number). (Department
of Public Health and Environment)
H. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. With approval,the Lighting Plan information shall be graphically delineated on
the USR Plat. (Department of Planning Services)
The applicant shall enter into an Improvements agreement to cover on-site and off-site
improvements and road maintenance. Evidence of Department of Public Works approval
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works and Planning Services)
J. The applicant shall submit three(3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within sixty(60) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and.dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps( co.weld.co.us. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
be recorded within the required sixty(60) days from the date the Board of County Commissioners
approval was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
USR11-0010 JEFFERY RECK-WASTE LOGISTICS,LLC,PAGE 6
• 5. Prior to the Release of Building Permits:
A. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control
plan, a grading plan, installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit. (Department of Public Works)
B. An application and building permit is required for each structure that is constructed or has a
change of use. A plan review is required for each building or structure for which a building
permit is required. Two complete sets of plans are required when applying for each permit.
Include a Code Analysis Data sheet for the Weld County Building Department for each
structure that requires a permit. Submittal plans shall include a floor plan showing the specific
uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed
Architect or Engineer. (Department of Building Inspection)
C. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006
International Building Code; 2008 National Electrical Code; 2006 International Mechanical
Code;2006 International Plumbing Code: 2006 International Energy Code;2006 International
Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
D. All building plans shall be submitted to the LaSalle Fire Protection District for review and
approval prior to issue of building permits, (Department of Building Inspection)
• E. A building permit shall be obtained prior to the construction of any new building. (Department
of Building Inspection)
F. Construction of a new building is proposed. Building permits shall be obtained prior to
starting. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. Include a
Code Analysis Data sheet for the Weld County Building Department for each structure that
requires a permit. Submittal plans shall include a floor plan showing the specific uses of each
area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or
Engineer(Department of Building Inspection)
G. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
H. Provide evidence to the Weld County Department of Public Health&Environment that a well
has been appropriately permitted and installed to provide for potable water and sanitary use
for the facility. (Department of Planning Services)
USR11-0010 JEFFERY RECK-WASTE LOGISTICS,LLC,PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN .
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jeffery Reck, dba Waste Logistics, LLC
USR11-0010
1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility(roust-a-bout and excavating service)in the A(Agricultural)Zone District,as indicated
in the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Department of
Public Health & Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department
of Public Health & Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. (Department of Public Health & Environment) 416. The applicant shall operate in accordance with the approved "waste handling plan", at all
times. (Department of Public Health & Environment)
7. Burning used oil generated by the facility for space heating in a company owned oil burner
is allowed and is APEN and permit exempt by the state air pollution regulations; however,
in the event the burning of other sources of off-site generated used oils is to be
conducted, the company must have this potentially non-exempt practice reviewed for
permitting by the Colorado Department of Health and Environment Air Pollution Control
Division before any such oil is burned. (Department of Public Health & Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved "dust abatement plan", at all times.
(Department of Public Health & Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in Section 14-9-30 of the Weld County Code.
(Department of Public Health & Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. (Department of Public Health & Environment)
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public
Health & Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & Environment)
USR11-0010 JEFFERY RECK-WASTE LOGISTICS, LLC,PAGE 8
• 13. All other potentially hazardous chemicals must be handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants(HAP's)and volatile organic compounds (VOC's). All chemicals
must be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health & Environment)
14. Any portable toilet washout area shall capture all effluent and prevent discharges from the
washing of the portable toilets. The effluent shall be captured in a watertight tank and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal
shall be retained. (Department of Public Health & Environment)
15. The applicant shall comply with all provisions of the State Aboveground Storage Tank
Regulations. (Department of Public Health & Environment)
16. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all
times. (Department of Public Health & Environment)
17. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department
of Public Health & Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health & Environment)
19. This application is proposing a well as its source of water. The applicant should be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
• limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made
aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. We strongly encourage the
applicant to test their drinking water prior to consumption and periodically test it over time.
(Department of Public Health & Environment)
20. Access to the site shall be from County Road 48 at the location as designated by the
approved Access Permit. (Department of Public Works)
21. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. There is an existing concrete
loading pad. Utilize the existing access and departure points. (Department of Planning
Services)
22. Weld County shall not be responsible for the maintenance of onsite drainage related facilities.
(Department of Public Works)
23. All structures shall require building permits. (Department of Building Inspection)
24. Any lighting, including light from high temperature processes such as welding or combustion,
shall be designed, located and operated in such as manner as to meet the following
standards: sources of light shall be shielded so that beams or rays of light will not shine
directly onto adjacent properties; neither the direct nor reflected light from any light source
may create a traffic hazard to operators of motor vehicles on public or private streets;and no
colored lights may be used which may be confused with or construed as traffic control
devices. (Department of Planning Services)
• 25. Hours of operation are 7:00 AM until 7:00PM Monday through Sunday. (Department of
Planning Services)
USR11-0010 JEFFERY RECK-WASTE LOGISTICS, LLC,PAGE 9
26. The number of employees associated with this facility is limited to Ten (10) persons, as
stated in the application materials. (Department of Planning Services)
27. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2) (Department of Planning Services)
28. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2
(Department of Planning Services)
29. Pursuant to Chapter 15, Articles I and ll of the Weld County Code, if noxious weeds exist on
the property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation,
other than grasses, needs to be maintained at a maximum height of 12 inches until the area
is completely developed. (Department of Public Works)
29. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that it will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off. (Department of Public Works)
30. Weld County will not maintain on-site drainage related areas or medians. This must be
addressed by the homeowner's association or land owner. (Department of Public Works)
31. The applicant is required to comply with all Colorado Department of Health and
Environmental(CDPHE)regulations regarding berming and spill prevention for materials and
liquids stored on site. (Department of Public Works)
31. The applicant is required to comply with all Colorado Department of Health and Environment,
Water Quality Control Division regulations regarding storm water quality permitting and
protection and construction storm water discharges (Department of Public Works)
33. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency(FEMA). (Department of Public Works)
34. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
35. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240, Weld County Code. (Department of Planning Services)
36. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code. (Department of Planning Services)
37. Necessary personnel from the Weld County Departments of Planning Services, Public
Works,and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
38. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an .
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
USR11-0010 JEFFERY RECK-WASTE LOGISTICS,LLC,PAGE 10
• be filed in the office of the Department of Planning Services. (Department of Planning
Services)
39. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
(Department of Planning Services)
40. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld County
may be open and spacious, but they are intensively used for agriculture. Persons moving
into a rural area must recognize and accept there are drawbacks, including conflicts with
long-standing agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open
views, spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere and
way of life. Without neighboring farms, those features which attract urban dwellers to rural
Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well-
run agricultural activities will generate off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife;and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
• accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes,or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand(4,000)square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the County, and the distances which must
be traveled may delay all emergency responses, including law enforcement,ambulance,and
fire. Fire protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are bladed, will
not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
USR11-0010 JEFFERY RECK-WASTE LOGISTICS, LLC,PAGE 11
activities is important, not only for their safety, but also for the protection of the farmer's .
livelihood.
I
411
USR11-0010 JEFFERY RECK-WASTE LOGISTICS,LLC, PAGE 12
• tlf"/
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
I GREELEY, CO 80631
NE: (9 0) www100, E t. 3549
E-MAIL: kogle@co.weld.co.us
PHONE: (970): www.co.weld.co.us
eid. o.us
9
COLORADO FAX: (970) 304-6498
October 11, 2011
LAURA RECK
7108 10TH STREET
GREELEY, CO 80634
Subject: USR11-0010-A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Support Facility(Roust-a-bout, Excavating and Port-a-let Service)in the A(Agricultural)Zone District
On parcel(s)of land described as :
PT NW4NW4 12-4-66 SUB EXEMPT SE-1015 of the 6th P.M.,Weld County, Colorado.
Dear Applicant:
I have scheduled a meeting with the Weld County Planning Commission on November 1, 2011, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 7, 2011
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
• attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.wel dcou ntypl anni ngcases.orq
If you have any questions concerning this matter, please call.
Respectfully
Reao signed by Kristinef this om
Reason: am signed b author document
Ransie
Location:1555 N 17th Ave
Date:2011.10.11 14:03:40-06'00'
Kim Ogle
• Planner
PLANNING COMMISSION AND BOARD OF COUNTY
• COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS OCTOBER 21, 2011. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN/ FIFTEEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR SITE
SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT
FACILITY (ROUST-A-BOUT, EXCAVATING AND PORT-A-LET SERVICE) IN THE A (AGRICULTURAL)
ZONE DISTRICT [JEFF RECK, dba RECK FLYERS]
Kim Ogle
Name of Person Posting Sign
• Signatu of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD )
The foregoing instrument was subscribe adiVar this( CC/�CJ 1 day of 2011
WITNESS my hand and official seal. � :' .....'',j'
,/ 4oT *4 i aticio ary Public dQ4q` g rO\ OeP
My Commission Expires:
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1
Kristine Ranslem
om: Kristine Ranslem
nt: Friday, September 02, 2011 2:55 PM
o: 'wreckbear@aol.com'
Subject: Case USR11-0010
Attachments: Applicant letter.pdf; image003.png
Please see the attached letter. If you have any questions, please let us know. Thank you!
KxLstLte P..ctwsLev .
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
iiinl s0 , i
Wf?6_ C 0 '4 N' Y
u
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
e person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
tected 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.
S
1
• 1 8 6 1 - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
- GREELEY, CO 80631
_ PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
W E L \ COUNTY
September 2, 2011
Jeffery Reck
do Laura Reck
7108 W 10th St
Greeley CO 80634
Subject: USR11-0007 - Request for a Site Specific Development Plan and Special Review Permit for
an Oil and Gas Support Facility (Roust-a-bout, Excavating and Pod-a-let Service) in the A
(Agricultural) Zone District on a parcel of land described as SE-1015 Pad NW4NW4 Section
12, T4N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I will
• schedule a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown
an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of
the property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the LaSalle, Milliken and Greeley
Planning Commission for their review and comments. Please call LaSalle at 970-284-6931, Milliken at
970-587-4331 and Greeley at 970-350-9741 for further details regarding the date, time, and place of this
meeting. It is recommended that you and/or a representative be in attendance at the LaSalle, Milliken
and Greeley Planning Commission meeting to answer any questions the Commission members may have
with respect to your application.
If you have any questions concerning this application, please call.
Respectfully.
Dolly signed by Kristineof Random
Reason:t signed b author of Ranslecument
Location:1555 N 17th Ave
Date:2011.09.02 10:53:11-0600'
Kim Ogle
Planner
•
p(10:44,
fl Notice of Inquiry
• wfll
Development within an Intergovernmental Agreement
COLORADO Urban Growth Boundary
Date of Inquiry s-1L-a.as I
Town Referred to: Lotra&LAO
Name of Person Inquiring 4CFc, pew. + LTV ps. 2e_
Property Owner set 9-5
Planner OL�i.F
Legal Description $6- dolts hr N W¢ t4 W4•
Legal Parcel# /pr,7 _/2�iy_� ,Gtr-✓
Major Crossroads CV---443102/3c)
Type of Inquiry P15t2
The above person inquired about developing a parcel of land inside your designated Intergovernmental
Agreement Urban Growth Boundary. This person has been referred to your community by Weld County
• Planning to discuss development options on this site.
Weld County Comments:0*& ADiDQ-r4449 5G&V iCE -- p4 24.1Ve lees
Mf.?.1LNtte 6f Wattrutler 61,70 rear fr, S O v I LE
Town/City Comments: TI 7ZY,ai/ pF L4-Sttt fiat n1, n&jt-c Tied Ta 71C Coac.eor-
4-}WA-n-i46 1T1C IAs2. rot PLe-r r./L as--)94 cat) 1JFo4j 4-77, a1
S natu f Weld County Planner i ature of Town/City Representative
It is the applicant's responsibility to return the completed form to Weld County.
White copy:Applicant; Yellow Copy: Town/City; Pink Copy: Weld County
• Weld County Planning Department
1555 N 17th Ave,Greeley,CO 80631 -(970)353-6100,ext. 3540-(970)304-6498 Fax
FIELD CHECK Inspection Date: July 2011
• Case Hearing Date: November 1, 2011
Number: USR11-0010
Applicant: Jeffery Reck, dba Waste Logistics, LLC — 17240 County Road 48, LaSalle, CO 80645
Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support
Facility (Roust-a-bout, Excavating and Port-a-let Service) in the A (Agricultural) Zone District.
Legal
Description: SE-1015; being part of the NW4 NW4 Section 12, T4N, R66W of the 6th P.M., Weld
County, Colorado
Location: South of and adjacent to County Road 48; 0.25 miles East of County Road 35
Size of Parcel: 2.81 +/-acres
Zoning Land Use
N AGRICULTURE N MILLER FEEDLOT— USE BY RIGHT
E AGRICULTURE E AGRICULTURE
S AGRICULTURE S AGRICULTURE
W AGRICULTURE W AGRICULTURE
Comments:
The site is a Subdivision Exemption parcel of 2.81 acres with historic use encumbrances,
• including a single family dwelling and a large metal skinned outbuilding. There is no irrigation
water associated with the parcel. The surrounding properties are primarily in agricultural
production or part of the Miller Feedlot.
The property is fenced and gated with two points of access. County Road 48 is an all weather
road with a limited number of access points, predominately associated with Agriculture.
The property currently is in violation; (COMP11-00092) was noted. This complaint was initiated due to
blowing debris off site and the operation of Waste Logistics, LLC and associated commercial storage,
without the necessary Weld County Zoning Permits.
• Signatu
o House(s) ❑ Derelict Vehicles
o Outbuilding(s) o Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
❑ Site Distance ❑ Wetlands
❑ Mobile Home(s) ❑ Oil & Gas Structures I
❑ Other Animals On-Site o Wildlife
❑ Water Bodies o Utilities On-Site (transmission lines)
❑ Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
• ( 8 6 ] - 2 0 ] ] DEPARTMENT OF PLANNING SERVICES
PLANNING DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
O U N T Y 970-353-6100 EXT 3540
FAX 970-304-6498
koqleco.weld.co.us
July 21, 2011
Jeffery Reck
17240 County Road 48
LaSalle, Colorado 80645
Laura Reck
7108 West 10th Street
Greeley, Colorado 80634
Subject: 7-Day Completeness Review for a Site Specific Development Plan and a Special
• Review Permit for an Oil and Gas Support Facility [Roust-a-bout, Port-a-let Service,
more than one convex container and a refuse transfer facility] (Reck Flyers and Waste
Logistics, LLLC) in the A (Agricultural) Zone District,
Dear Jeff and Laura:
The Departments of Planning Services, Building Inspection, Environmental Health and Public
Works have completed their review of the documents submitted for review post pre-application
meeting held in the offices of the Department of Planning Services on June 2, 2011.
This letter serves as a joint response from all County departments on the completeness of the
submitted materials prior to accepting the application and the application fee.
The Department of Planning Services reviewed the Questionnaire component of the submitted
materials and the supplemental materials and has the following comments.
1 Planning staff requests vehicle numbers associated with the operation,
2. Planning staff requests evidence of a Commercial Well for this facility. The current well
is permitted for domestic use only.
3. Planning staff requests evidence of a Commercial Sanitary Sewer permit application
from the Weld County Department of Public Health and Environment.
• 4. The fee associated with this application is 2500.00 dollars. Please remit payment of
2500.00 dollars payable to Weld County Planning Services to cover the application fee.
• 5. Please submit a Letter of Authorization for Laura Reck to act as your representative for
the purpose of this land use application.
The Department of Building Inspection did not return a referral, however, as applicant, it is
strongly suggested that contact be made by you or your design professional to determine the
appropriate permits required for compliance of the existing building and future structures
The Department of Environmental Health returned an electronic mail referral dated July 20,
2011 with several concerns and have deemed the application incomplete for the requested Oil
and Gas Support Facility as proposed.
In overview, the Septic system located on site is 200 SF; there is no water designated for a
commercial use; there is no plan for the structure for the "Future Port-a-let Washout
component"; there were no plans submitted to address Section 2 and section 7 of the Solid
Waste Regulations, specifically a Design and Operations Plan is required that demonstrates
your commercial business can operate in compliance as a Transfer Station, Section 1.3.3 and
1.4.6 If unable, a Certificate of Designation (CD) is required.
Please refer to the Memorandum dated July 20, 2011. Also attached are the Regualtions
pertaining to Soild Waste Site and Facilities, 6 CCR 1007-2, Part 1.
A middle ground position may be to withdraw the transfer station component from the
application and complete the application. The addition of this componet, Transfer Station, at a
future date may be beneficial to your timing issue and that of resolving the outstanding land use
• violation, COMP11-00092.
The Department of Public Works in their referral dated July 13, 2011 indicates that the there is
adequate information to review this submittal.
SITE PLAN REVIEW:
The applicant has supplied an aerial drawing identifying access, parking, buildings, circulation,
and site drainage. Weld County Road 48 should be identified with 60 feet of right-of-way at this
location.
TRAFFIC STUDY:
No traffic study is required; however, a narrative estimating the number of trips per day as well
as the type of equipment accessing the site is required. Weld County Public Works Traffic
Engineer will evaluate this information and the two access points to the project site. WCR 48 is
a local gravel road and requires a 60-foot right-of-way at full build out. The most current road
count for County Road 48 between County Road 35 and U.S. Highway 85 was an AADT of 116
vehicles per day. The applicant is identifying approximately 20 additional trips per day.
PRELIMINARY DRAINAGE:
The applicant need to provide a water quality feature that is sized to treat stormwater runoff
from the site. There is an existing stormwater detention area than needs to have its size
verified. Please contact Clay. Kimmi for assistance in walking through the water quality
calculations.
• GEOTECHNICAL SOILS REPORT:
No geotechnical report is required for Public Works purposes.
• SPECIAL FLOOD HAZARD AREA
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA).
This phase of the planning process is a content review of the submitted materials, NOT a
technical review. Comments made during this phase of the process will not be all-inclusive. The
Public Works Department will perform a detailed technical review of the project once the
submittal application is deemed acceptable and is promoted to the review phase of the planning
process.
Should you have additional questions or require clarification on any of the points presented
herein, please contact this office. Thank you.
Sincerely,
Kim Ogle
Planning Services
cc, COMP11-00092,B.Salzman
Planning Correspondence
D.Carroll, PW
T. Swain, EH
•
•
•
• 7-Day Completeness Review
PRE-APPLICATION MEETING NOTES: PA11-No Notes of Record
Applicant: Reck Flyers and Waste Logistics, LLLC, c/o Todd Reck and Laura Reck
Case#: Pending USR-
Request: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Support Facility (Roust-a-bout, construction and excavating
service) and a Transfer Station for oil field trash in the A (Agricultural)
Zone District
Legal Description: SE-1015 being part of the NW4 NW4 Section 12, T4N, R66W of the
6m P.M Weld County, Colorado
Location: South of and adjacent to County Road 48, Approximately 0.5 Miles
East of County Road 35
Size of Parcel: 2.81 +/-acres Parcel Number: 1057-12-2-00-085
RETAIN PACKET AS ENTIRE APPLICATION
❑ Public Works o Health o Building loip Planning
Narrative:
• Comments:
Date: July 1, 2011 Comments Due No Later than July 18, 2011
Questions, call, thanks Kim, x 3549
•
• 7-Day Completeness Review
PRE-APPLICATION MEETING NOTES: PA11-No Notes of Record
Applicant: Reck Flyers and Waste Logistics, LLLC, c/o Todd Reck and Laura Reck
Case#: Pending USR-
Request: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Support Facility (Roust-a-bout, construction and excavating
service) and a Transfer Station for oil field trash in the A (Agricultural)
Zone District
Legal Description: SE-1015 being part of the NW4 NW4 Section 12, T4N, R66W of the
6`h P.M Weld County, Colorado
Location: South of and adjacent to County Road 48, Approximately 0.5 Miles
East of County Road 35
Size of Parcel: 2.81 +1-acres Parcel Number 1O57-12-2-0O-085
RETAIN PACKET AS ENTIRE APPLICATION
9 Public Works ❑ Health ❑ Building ❑ Planning
Narrative:
• � CEII %7 Comments: D ED
CLA`-
WELD COUNTY PUBLIC WORKS WEPT
3vt • IS I 1
Date: July 1, 2011 Comments Due No Later than July 18. 2011
Questions, call, thanks Kim, x 3549
•
MEMORANDUM RECEIVED
186 1 - 20 1 1 JUL. 1 92011
TO: Kim Ogle, Planning Services DATE: July WOdgOI IY Planning Department
...- _� REELEY OFFICE
FROM: Donald Carroll, Engineering Administrator iW
W E L N T Y Public Works Department
SUBJECT: 7 Day Completeness Review— PA11-078
Reck Flyers and Waste Logistics LLLC
do Todd Reck and Laura Reck
Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This
phase of the planning process is a content review of the submitted materials, NOT a technical review.
Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of
concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical
Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed
technical review of the project once the submittal application is deemed acceptable and is promoted to the
review phase of the planning process.
SITE PLAN REVIEW:
The applicant has supplied an aerial drawing identifying access, parking, buildings, circulation, and site
drainage. Weld County Road 48 should be identified with 60 feet of right-of-way at this location.
TRAFFIC STUDY:
traffic study is required; however, a narrative estimating the number of trips per day as well as the type of
quipment accessing the site is required. Weld County Public Works Traffic Engineer will evaluate this
information and the two access points to the project site. WCR 48 is a local gravel road and requires a 60-foot
right-of-way at full build out. The most current road count for CR 48 between CR 35 and U.S. Highway 85 was
an AADT of 116 vehicles per day. The applicant is identifying approximately 20 additional trips per day.
PRELIMINARY DRAINAGE: •
The applicant need to provide a water quality feature that is sized to treat stormwater runoff from the site.
There is an existing stormwater detention area than needs to have its size verified. Please contact Clay Kirrrni
for assistance in walking through the water quality calculations.
GEOTECHNICAL SOILS REPORT:
No geotechnical report is required for Public Works purposes.
SPECIAL FLOOD HAZARD AREA:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA).
•
M:\PLANNING_.DEVELOPMENT REVIEW\7-DayCompletenessReviews\2011\Reck Flyers and Waste Logistics 7-Day.docx
•
7-Day Completeness Review
PRE-APPLICATION MEETING NOTES: PA11-No Notes of Record
Applicant: Reck Flyers and Waste Logistics, LLC, Go Todd Reck and Laura Reck
Case#: Pending USR-_
Request: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Support Facility (Roust-a-bout, construction and excavating
service and a Solid Waste Facility, Transfer Station), in the A
(Agricultural)Zone District
Legal Description: SE-1015 being part of the NW4 NW4 Section 12, T4N, R66W of the
e P.M Weld County, Colorado
Location: South of and adjacent to County Road 48, approximately 0.5 Miles
East of County Road 35
Size of Parcel: 2.81 +/-acres Parcel Number: 1057-12-2-00-085
RETAIN PACKET AS ENTIRE APPLICATION
o Public Works ! Health ❑ Building ❑ Planning
Narrative: 11
• Comments: S,Qg71t SF c.-ID zees 41 No t akdz -< c «cn.4.,1 vit.
Na 5 *•.�-4 ks4o� t Na (Qws
h W Sacl— - Z 94 7 ar Svt�?Q (✓ aS y�vsj4, — n f1
e /
ex.�;on.5 I k.4, .IILLJL /i fkcce �,ww,-.c tvrJt S Co„, .t
coara
,✓1 C4.114 i.,,nca- 45 o- , ,^5-all s'a-4.�,✓ / Oia c �Q .,,� 1 .
1 . 3; 3 * hitt,
Date: July 1, 2011 Comments Due No Later than July 18, 2011
Questions, call, thanks Kim, x 3549
c2 . 1I '
• Memorandum
1861 - 2011
TO: Kim Ogle,Department of Planning
Services
W E L DEC O U N T 1 FROM: Troy E.Swain,Department of Public
1� Health and Environment
DATE: July 20,2011
SUBJECT: 7 Day Completeness Review for Reck
Flyers and Waste Logistics, LLC
The Department has received and reviewed the application materials submitted by Reck Flyers
and Waste Logistics, LLC and offers the following comments and recommendations:
Transfer Station Operations:
• In order to be considered a solid waste Transfer Station, an Operations Plan which complies with
Section 2 and Section 7 of the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR
1007-2, Part 1) must be submitted for approval. This plan may be forwarded by the local
governing authority (Weld County through the Department of Planning Services) to the Colorado
Dept. of Public Health and Environment's Solid Waste Unit for technical review per Section 7.1
of these same regulations. Failing to meet a designation as a Transfer Station, in accordance
with 30-20-102 (1) Colorado Revised Statutes, a Certificate of Designation is required as a Solid
Waste Disposal Site and Facility. Applicant must demonstrate through Operations Plans that the
facility will meet Transfer Station requirements, and therefore, not be required to obtain a
Certificate of Designation prior to Weld County approving land use as a Transfer Station.
No Operations Plan developed to comply with the applicable sections of the Regulations
Pertaining to Solid Waste Sites and Facilities has been submitted, therefore, the Department
recommends that this application be deemed incomplete with regards to Transfer Station
activities.
NOTE: Other provisions of these same regulations may apply to activities such as recycling.
Toilet Washout:
No conceptual plans for operations and associated structures have been submitted. Department
recommends that this application be'deemed incomplete with regards to this proposed activity.
•
ol�co/ t
\y h '1 ! Q
rs�6 i , . ,
Colorado Department
of Public Health .
and Environment ''
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Hazardous Materials and Waste Management Division
6 CCR 1007-2, PART 1
REGULATIONS PERTAINING TO SOLID WASTE SITES AND FACILITIES
This Title Page does not constitute an official pad of any regulation. Information contained in
the chronology on this title page commences with amendments adopted by the Solid and
• Hazardous Waste Commission beginning in 2007 and is provided solely for informational and
historical purposes.
AMENDED: 05/15/07 EFFECTIVE: 07/01/07
(New Section 16, Disposal of Motorized Equipment Wastes, and associated additions to Section
1.2, Definitions)
AMENDED: 02/19/08 EFFECTIVE: 03/30/08
(Revision of Section 1.7 and Section 16.6.5)
AMENDED: 08/19/08 EFFECTIVE: 09/30/08
(Revision of Section 1.7.3)
AMENDED: 11/18/08 EFFECTIVE: 12/30/08
(Repeal and Replacement of Section 14 Composting regulations)
AMENDED: 11/18/08 EFFECTIVE: 12/30/08
(New Section 17, Commercial Exploration & Production Waste Impoundments; and associated
additions to Section 1.2 Definitions, and revision of Section 9.1)
AMENDED: 08/18/09 EFFECTIVE: 09/30/09
(Revision of Section 1.5.2 and Revision of Section 1.9.2)
AMENDED: 02/16/10 EFFECTIVE: 03/30/10
(Revision of Section 1.2 Definitions to modify"Agricultural wastes" definition and to add a
definition of"All-hazards event")
•
AMENDED: 11/16/10 EFFECTIVE: 12/30/10
(Revision of Section 1.7.1 and Section 1.7.4: Solid Waste User Fee (SWUF)Amendments)
AMENDED: 2/15/11 EFFECTIVE: 3/30/11
(Deletion of Section 10 (Scrap Tire Facilities)and Replacement with new Section 10 (Waste
Tire Facilities and Waste Tire Haulers); Deletion of Section 15 (Waste Motor Vehicle Tire
Haulers) and Reservation of Section 15; and Associated Additions, Revisions and Deletions to
Section 1.2, Definitions)
AMENDED: 5/17/11 EFFECTIVE: 6/30/11
(Amendment of Section 1.7.2{Document Review and Activity Fees}; and Amendment of Section
10 Regulations {Waste Tire Facilities and Waste Tire Haulers})
•
•
(E) Unless a further extension is granted by the Department, the ground
water monitoring and corrective action requirements contained in Section
2.2.:
(1) Shall be effective October 9, 1994, for existing units or lateral
expansions of existing units at municipal solid waste landfills that have
accepted and continue to accept 100 tons of solid waste per day or
less; and,
(2) Shall be October 9, 1995 for new units or lateral expansions or
existing units at municipal solid waste landfills that, on or before April 9,
1994, submit an application for a waiver under Section 1.5.3.
All extensions of the ground water and corrective action requirements,
beyond the dates listed in (1) and (2) above, shall be based upon the
criteria specified in 40 CFR 258.50 and shall in no way extend beyond
October 9, 1996, or otherwise violate the requirements of Subtitle D of
RCRA.
(F) In the event an application submitted under subsections (B) (2), (D) or
(E) (2) is denied by the Department that municipal solid waste landfill shall
comply with all applicable requirements within six (6) months of said denial.
• 1.3.3 No person shall operate a facility for solid waste disposal, where
processing, treatment, or final disposal is performed, at any site without a
certificate of designation obtained from the governing body having
jurisdiction except as specified in 30-20-102 C.R.S. as amended.
1.3.4 Sites for new solid waste disposal sites and facilities shall comply with
these regulations, unless compliance with specific standards is waived by
the Department in accordance with Section 1.5 of these regulations.
1.3.5 The construction, operation and closure of all new facilities for solid waste
disposal shall comply with designs, specifications and procedures outlined
in the certificate of designation application, or in amendments to such
applications approved after Department review, and with all applicable local
requirements, and with the standards of these regulations.
1.3.6 The construction, operation and closure of all approved facilities for solid
waste disposal that were granted a certificate of designation before there
were requirements for an engineering design and operations report or that
are in operation on the effective date of these regulations, shall comply as
a minimum with standards in Section 2 of these regulations.
• 27
July 1, 2007
1.3.7 Solid waste disposal sites and facilities that are exempted from certificate
of designation requirements under provisions of Section 1.4 of these
regulations shall comply with the applicable standards of these regulations,
unless permitted or operated in compliance with regulations pursuant to the
"Colorado Mined Land Reclamation Act", Title 34, Article 32, Section 101,
et seq., CRS, as amended;.or the "Hazardous Waste Act", Title 25, Article
15, Parts 1, 2, and 3, CRS, as amended.
1.3.8 Technical guidelines, including specific technical factors, may be
developed and issued by the Department to assist applicants, local
governments, and the public.
1.3.9 (A) All solid waste disposal sites and facilities are reviewed and approved
for a specific owner/operator; a specific waste stream; a specific design; a
specific operation plan. Significant changes to the above are required to be
approved by the Department. Such approval or denial shall become a part
of the operating record. The information describing changes relating to the
above items shall be submitted and described in appropriate detail and in a
clear and concise format. This is required in order to maintain current
information and status on sites and facilities for monitoring and
enforcement purposes.
• (B) Sites and facilities subject to 40 CFR Part 258 shall submit a
compliance information applicable to their site for the compliance plan per
Section 3.0.
(C) Nothing in this section shall preclude any review action by the local
governing authority under 30-20-100.5 et seq. or appropriate local
ordinance or rule.
1.3.10 Statements of the basis and purpose for these regulations have been
prepared and adopted by the board of health, and hereby incorporated into
these regulations by reference, pursuant to the "Colorado Administrative
Procedures Act", Title 24, Article 4, Section 103, C.R.S. 1973, as
amended. A statement of basis and purpose for each change in the
regulations is drafted to give the reasons for the regulatory change
enacted. Copies are on file with the Department.
1.3.11 These regulations shall apply to all solid waste disposal sites and facilities
as provided for in CRS 30-20-100.5 and herein.
(A) The minimum standards (Section Two) shall apply to all sites and
facilities.
• 28
July 1, 2007
•
(B) Section 3.0 shall apply to all solid waste disposal landfills and facilities.
(C) ►ections 4 through Section 13 are specific to specific waste streams
d facilities.
Section Two is meant to be used in conjunction with all other sections. The
Department recognizes that all the criteria may not be applicable to all
sites, facilities or waste streams.
1.4 EXEMPTIONS Notwithstanding the provisions in Section 1.3 of these
regulations, the following facilities for solid wastes disposal shall be approved
sites and/or facilities for which obtaining a certificate of designation under
provisions of these regulations shall not be necessary for:
1.4.1 Those sites and facilities at which any person, other than a governmental
unit, disposes of his own solid wastes on his own property; provided that
the Department has determined, based upon review of an engineering
design and operations report prepared and submitted by the operator in
accordance with Sections 3.1, 3.2, and 3.3 of these regulations, that the
disposal operation will comply with the Act and the applicable regulations of
• the Department.
1.4.2 Those facilities for solid waste disposal at which any person engaged in
mining operations permitted by the Colorado Mined Land Reclamation
Board, pursuant to the "Colorado Mined Land Reclamation Act", Title 34,
Article 32, Section 101, et seq., CRS 1973, as amended, and its
regulations, performs solid waste disposal of mining or other solid wastes
generated by such operations within the permitted area for such
operations.
1.4.3 Any site and facility operated for the purpose of processing, reclaiming, or
recycling recyclable materials shall not be considered a solid wastes
disposal site and facility and shall not require a certificate of designation as
a solid wastes disposal site and facility; however, a site or facility shall
establish an initial accumulation period and shall maintain documentation
that proves recyclable materials are being recycled at the site at a rate that
approximately equals that rate at which recyclable materials are being
collected. Regulations will specify what time periods and volumes of
recyclable materials constitute operations that qualify for this exemption
and define what materials shall be deemed recyclable materials. Except
that recyclable materials shall not include materials that are likely to
contaminate ground water or create off-site odors as the result of
processing, reclaiming, recycling, or storage prior to recycling.
5
29
July 1, 2007
1.4.4 Those sites where sludge is used beneficially as a fertilizer, soil
conditioner, fuel or livestock feed, provided the sludge is certified to have
met all applicable regulations of the Department and the Department of
Agriculture. In addition, the use pf manure as a fertilizer or soil conditioner
or the composting on the site of generation of manure with other
compatible materials necessary for effective composting as part of
standard agricultural practice shall not require a certificate of designation.
1.4.5 Those facilities for hazardous waste disposal that have been issued a
certificate of designation pursuant to Title 25, Article 15, Parts 1, 2, and 3,
CRS, as amended, and its regulations.
1.4.6 Transfer stations, which shall not be deemed to be a solid waste disposal
site and facility, shall not require a certificate of designation and shall meet
standards as set forth in Section 7.
1.5 WAIVER PROCESSES AND PROCEDURES
1.5.1 If an applicant wishes to request a waiver of any provision of these
regulations, written documentation requesting such waiver or waivers shall
• be submitted to the Department and the local governing authority. Waiver
requests shall be site-specific and shall list those regulations or
requirements for which a waiver is being requested. The waiver request
shall supply sufficient technical information in a clear and concise format to
justify the applicant's request.
Minimum information required for a waiver request shall consist of:
(A) Name and address of the applicant and the owner
(B) Site address and legal description
(C) Site or facility name
(D) County and township, range, section where the site is located.
(E)Type, size, expected active life and operational history of the facility
(F) Geological, hydrologic, and engineering and other such information
necessary to support the applicants waiver request
(G) The specific regulatory subsections for which the waiver request is
being filed.
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July 1, 2007
• T
1.7.3 ANNUAL FEES
(A) A licability:
(1) An operating fee of$1,000 per year shall be paid annually by solid
waste sites and facilities regulated under the following Parts that
are not subject to the Solid Waste User Fee, except Part 8 as noted
below:
Part 7 (Transfer Stations),
0a.
b. Part 8 Recycling: Facility annual fee is $150/facility/year,
c. Part 9 (Surface Impoundment Facilities)
d. Part 10 (Scrap Tire Facilities),
e. Part 11 (Solid Waste Incinerator Facilities),
f. Part 13 (Infectious Waste Disposal Facilities),
g. Part 14 (Compost Facilities) and
h. Unattended facilities regulated under Parts 1 and 2 of these
• regulations that do not pay fees under section 25-16-104.5,
C.R.S., including:
i. 'S'urface Impoundments,
ii, Landfills, and '
iii. Monofills
(2) The facilities listed in Section 1.7,3(A)(1) above are subject to the
annual operating fee from the time such facilities first begin
operating until final closure is certified and shall provide payment to
provide reimbursement to the Department for those costs incurred
in tracking, compliance monitoring, compliance assistance, plan
review, enforcement, and other recurring activities that are
reasonable and necessary to ensure compliance with these
regulations.
(3) A post-closure fee of$1,000 per year shall be paid annually by
solid waste sites and facilities regulated under the following Parts
that are not subject to the Solid Waste User Fee, except Part 8 as
noted below:
a. Part 2,
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September 30, 2008 •
\\/
SECTION 2
•
MINIMUM STANDARDS
2.1 SITE AND FACILITY STANDARDS All solid waste disposal sites and facilities
shall comply with the following standards:
2.1.1 Sites and facilities shall comply with the health laws, standards, rules, and
regulations of the Department, the Water Quality Control Commission, the
Air Quality Control Commission, and all applicable local laws and
ordinances.
2.1.2 (A) Sites and facilities shall not knowingly receive any hazardous waste.
(B) Owners and operators of all solid waste disposal sites and facilities shall
implement a program at the facility for detection and the prevention of the
disposal of polychlorinated biphenyl (PCB) wastes and hazardous wastes.
This program must include:
(1) Random inspections of incoming loads unless the owner or operator
• takes other steps to ensure that incoming loads do not contain such
wastes;
(2) Records of any inspections;
(3) Training of facility personnel to recognize these wastes; and
(4) Notification of the Department if these wastes are discovered at the site
and facility. Upon receipt of such notification, the Department, after
consultation with the local governing body having jurisdiction, may require
that the ground water monitoring program of the site and facility be altered
to include adequate monitoring for parameters that would detect the
release of the hazardous waste or wastes disposed of on site.
(C) All sites and facilities, requiring a certificate of designation, shall have a
waste characterization and disposal plan approved by the Department and in
use for such site and facility . The plan shall outline waste screening
methodologies, appropriate waste handling procedures, and waste exclusion
procedures which shall be implemented at each facility. The plan shall:
(1) Describe the responsibility of the waste generator in determining if
the generator's waste is a hazardous waste pursuant to the Colorado
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• July 1, 2007
•
Hazardous Waste Regulations, 6 CCR 1007-3, Part 261. Such
determination may be made by:
(i) Testing the waste according to the methods set forth in Subpart C
of Part 261 or according to an equivalent method approved by the
Department under Section 260.21; or
(ii)Applying knowledge of the hazard characteristic of the waste in
light of the materials or the processes used.
(2) Include the site and facility's owner or operator's evaluations,
screening methods, and documentation procedures regarding the
generator's waste characterization determination.
(3) Include an identification of the waste streams requiring specific
waste handling and/or disposal methods; and
(4) Include a contingency plan developed for handling any hazardous
waste that is inadvertently discovered.
• (D)(1) Existing sites and facilities for which a certificate of designation has
been obtained by [the effective date of these regulation amendments]
must submit a waste characterization plan pursuant to the Section 2.1.2(c)
within [three months after the effective date of this amendment] for
approval by the Department. Such plan shall also be provided to the local
governing body having jurisdiction within [three months of the effective
date of this regulation]. Nothing in this Subsection (D), including the
Department's approval of any such waste characterization plan, shall
affect the terms or conditions of any existing certificate of designation, and
such existing terms and conditions shall remain enforceable by the local
governing body having jurisdiction.
Note: March 30, 1999 effective date for 2.1(D)(1).
83
• July 1 , 2007
•
(2) However, all approved sites and facilities with a certificate of
designation before (the effective date of this regulation) that have
submitted a plan or other document containing information required by
subsection 2.1.2(C) to the Department prior to the [effective date of this
regulatory proposal and subsequent to October 9, 1993] and received
approval from the Department for such plan or document prior to [the
effective date of this regulatory proposal] shall not be required to submit
a new waste characterization plan pursuant to this Subsection (D). The
Department may require such a site and facility to amend any such
previously approved plan or submit a new waste characterization plan
if the definition of solid waste in Section 1.2 of these regulations or the
definition of hazardous waste pursuant to 6 CCR 1007-3, Part 261 is
revised.
(E) All waste characterization plans for new facilities shall incorporate the
waste characterization plan into the engineering design and operation
report included in the site and facility's application for a certificate of
designation pursuant to the procedures described in Section 1.6 of these
regulations.
• 2.1.3 Nuisance conditions shall not exist at or beyond the site boundary. All
reasonable measures shall be employed to collect, properly contain, and
dispose of scattered litter including frequent policing of the area, and the
use of wind screen§where necessary. The facility shall be managed in
such a manner that noise, dust and odors do not constitute a hazard to
human health. The facility shall be managed in such a manner that the
attraction, breeding and emergence of birds, insects, rodents and other
vectors do not constitute a health hazard.
2.1.4 Water pollution shall not occur at or beyond the point of compliance.
2.1.5 No significant aquifer recharge areas, as may be designated by the
Colorado State Engineer's office or the Department's Water Quality Control
Commission, shall be adversely impacted by solid waste disposal.
2.1.6 Sites and facilities shall, design, construct, and maintain: (a) A run-on
control system to prevent flow onto the active facility during the peak
discharge from a 25-year, 24-hour storm, and (b) A run-off control system
to: (1) collect the water volume resulting from a 25-year, 24-hour storm
event and (2) control the water volume resulting from a 100-year, 24-hour
storm event. (See also Section 2.5.7).
• 84
July 1, 2007
•
•
2.1.7 Sites and facilities shall be adequately fenced or secured to prevent waste
material and debris from leaving the site. Waste material and debris shall
not accumulate along the fence line and shall be collected regularly and
placed into the fill.
2.1.8 Sites and facilities shall control public access, prevent unauthorized
vehicular traffic, provide for site security both during and after hours, and
prevent illegal dumping of wastes. Effective artificial barriers, or natural
barriers, or both may be used in lieu of fencing.
2.1.9 Solid wastes deposited at any site and facility shall not be burned, other
than by incineration in accordance with a certificate of designation issued
pursuant to C.R.S. 30-20-110(f)of the Act. The Department may
authorize, in extreme emergencies, the supervised burning of large
quantities of combustible materials, such as agricultural wastes, silvicultural
wastes, land clearing debris, diseased trees, or debris from emergency
cleanup operations.
2.1.10 Sites and facilities for final disposal shall provide adequate cover as
• described in Section 3.3.5, prevent ponding of water, wind erosion and
water pollution. In the operation of a site and facility, the solid wastes shall
be distributed in the smallest area consistent with handling traffic to be
unloaded. The solid wastes shall be placed in the most dense volume
practicable using compaction or another method approved by the
Department.
2.1.11 Sites and facilities shall have a minimum of windblown debris. The facility
shall cease operations during periods when high wind warnings as defined
in Section 1.2 are verified on-site. If the facility has no wind velocity
measuring device, closure decisions shall be based on readings obtained
hourly by the facility operator from the nearest national weather service
office or other location approved by the Department with
concurrence from the local governing body having jurisdiction.
2.1.12 Landfills shall not accept raw sludges from wastewater treatment plants,
septic tank pumpings, or chemical toilet wastes, without approval from the
governing body having jurisdiction and the Department.
2.1.13 Sludges shall not be co-disposed with other solid wastes at the working
face of sanitary landfills without approval from the governing body having
jurisdiction and the Department.
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July 1, 2007
•
2.1.14 No facility may accept for disposal, liquid wastes or wastes containing free
liquids without approval from the governing body having jurisdiction and the
Department.
2.1.15 Solid waste disposal sites and facilities shall comply with the ground water
protection standards at the'relevant point of compliance as defined in
Section 1.2 and the owner/operator shall make a demonstration of
compliance.
2.1.16 Sites and facilities where final disposal is performed shall, upon being filled,
be left in a condition of orderliness and good aesthetic appearance and
capable of blending with the surrounding area.
2.1.17 Solid waste disposal sites and facilities shall not place wastes below or into
surface or ground water. This practice is prohibited on and after the
effective date of these regulations.
2.1.18 (A) If the owner or operator of a solid waste disposal site and facility
observes, or is made aware of a condition or event which is likely to cause
a release or has caused a release of a substance containing a parameter
• identified in the facility detection monitoring program pursuant to Appendix
B4 and that such condition or event is likely to cause a statistically
significant increase over background, the owner or operator shall notify the
department and the local governing body having jurisdiction in writing
within ten (10) days.
(B) Notifications made under this subsection shall be made part of the
operating record of each solid waste disposal site and facility.
(C) The procedure and timing for activities after the initial notification per
2.1.18(A) shall follow Appendix B4(C) and Appendix B5."
2.2 GROUND WATER MONITORING
2.2.1 A solid waste disposal site and facility which has not received a specific
waiver from ground water monitoring requirements of these regulations as
provided in Appendix B 'or Section 1.5, shall implement a ground water
monitoring program in conformance with Appendix B, Sections B1 through
B8 of these regulations. The monitoring requirements shall be developed
and implemented at the solid waste disposal site and facility. After
consultation with the local governing body having jurisdiction, the
Department shall review and may approve or deny the monitoring program
developed as a result of the requirements set forth in Appendix B. Once
• 86
July 1, 2007
•
approved, the owner or operator shall implement the monitoring plan at the
site.
(A)A ground water monitoring system shall be installed in conformance with
Appendix B, Section B2.
(B)The ground water shall be sampled and analyzed in conformance with
Appendix B, Section B3.
(C) A detection monitoring system shall be implemented in conformance with
Appendix B, Section B4.
(D) If statistically significant increases over background have been
determined, in conformance with Appendix B, Section B3, assessment
monitoring shall be implemented in conformance with Appendix B, Section
B5.
(E) Statistically significant increases of Appendix I and Appendix II
constituents shall trigger an assessment of interim measures and corrective
measures in conformance with Appendix B, Section B6.
• (F) Selection of remedy and implementation of the corrective action program
shall be implemented in conformance with Appendix B, Sections B7 and 68.
(G) The list of chemical constituents which shall form the basis of monitoring
and analyses during detection, assessment and corrective action at solid
waste disposal sites and facilities other than MSWLFs will be determined on a
case-by-case basis depending on the wastes received by the facility. To
have an alternate list of chemical constituents approved for a site and facility,
the owner or operator must demonstrate to the Department that the utilization
of the alternate list during detection, assessment or corrective action will be
as protective for that specific site and the waste streams received as the
requirements specified for MSWLFs in these regulations.
2.3 EXPLOSIVE GASES The owners or operators of all solid waste disposal sites
and facilities which may generate explosive gases shall monitor for explosive
gases.
2.3.1 The concentration of explosive gases generated by the facility for solid
waste disposal shall not exceed:
(A) Twenty-five percent [25%] of the lower explosive limit (LEL) (one
percent [1%] by volume in air for methane) within facility structures
• 87
July 1, 2007
(excluding gas control or recovery systems); and
(B) At the boundary, the lower explosive limit which is five percent (5%)
by volume in air for methane.
2.3.2 Owners or operators shall implement a routine monitoring program for
explosive gases. The type and frequency of monitoring must be
determined based on the following factors:
(A) Soil conditions;
(B) The hydrogeologic conditions surrounding the facility;
(C) The hydraulic conditions surrounding the facility; and
(D) The location of facility structures and property boundaries.
(E) The minimum frequency of monitoring shall be quarterly.
2.3.3 If explosive gas levels are detected exceeding the limits specified in
• Section 2.3.1, the owner or operator shall notify the Department and the
local governing body having jurisdiction and:
(A) Immediately take all necessary steps to ensure protection of human
health;
(B)Within seven (7) days of detection, place in the operating record
documentation of the explosive gas levels detected and a description of
the actions taken; and
(C)Within sixty (60) days of detection, implement an approved
remediation plan, place an approved copy of the plan in the operating
record, and notify the Department and the local governing body having
jurisdiction that the plan has been implemented. The plan shall describe
the nature and extent of the problem and the proposed remedy.
(D)The Department after consultation with the local governing body
having jurisdiction may establish alternative schedules for demonstrating
compliance with Subsection 2.3.1 (A) and (B)of this section.
2.3.4 All explosive gas monitoring points shall be installed in accordance with
applicable rules and regulations of the 'Water Well and Pump Installation
Contractor's Act", Title 37, Article 91, Part 1, CRS as amended.
• 88
July 1, 2007
•
2.4 RECORDKEEPING
2.4.1 All operating records shall be part of the engineering design and
operation report and shall be maintained at the facility, unless otherwise
approved by the Department.
2.4.2 The owner or operator of a solid waste disposal site and facility shall
record and retain in an operating record the following information as it
becomes available:
(A) Location restriction demonstration required under Subsection 3.1;
(B) Inspection records, and training procedures;
(C) Gas monitoring results from monitoring and any remediation plans
required by Section 2.3;
(D) Design documentation for controlling leachate or gas condensate;
• (E) Demonstrations, certifications, findings, data or documents required
by Subsection 2,2;
(F) Closure and post-closure care plans and any monitoring, testing, or
analytical data as required by Subsection 2.5 And 2.6;
(H) Cost estimates and financial assurance documentation required by
Subsection 1.8; and
(I) Information demonstrating compliance with waivers as required by
Section 1.5.
2.4.3 The owner or operator must notify the Department and the local
governing body having jurisdiction when the documents required by this
section have been'placed or added to the operating record. All
information contained in the operating record must be furnished upon
request or be made available at all reasonable times for inspection by the
governing body having jurisdiction or the Department.
• 89
July 1, 2007
•
2.5 CLOSURE OF SOLID WASTE DISPOSAL SITES AND FACILITIES
2.5.1 Sites and facilities shall be closed in accordance with the Act, and these
regulations.
2.5.2 No person shall close a solid waste disposal site and facility without
notifying the Department and the governing body having jurisdiction in
writing at least sixty (60) days in advance of the closure date.
2.5.3 The operator of a solid waste disposal site and facility shall notify the
general public at least sixty (60) days in advance of the proposed closure
date by placing signs of suitable size at the entrance to the site and
facility.
2.5.4 Precautions shall be taken to prevent further use of the site and facility for
unauthorized disposal.
2.5.5 Water pollution shall not occur at or beyond the point of compliance after
closure.
• 2.5.6 Nuisance conditions shall not exist at or beyond the site boundary after
closure (see also 2.1.3).
2.5.7 Permanent surface water diversion structures remaining after closure
shall control run-on and run-off from the 100 year, 24-hour storm event.
2.5.8 The owner or operator shall prepare a closure plan for approval by the
Department after consultation with the local governing body having
jurisdiction. The approved plan shall be placed in the operating record.
2.5.9 The owner or operator must begin closure activities of each disposal
phase no later than thirty (30) days after final waste grades are reached.
Extensions beyond the thirty (30) day deadline for beginning closure may
be granted by the Department and the local governing authority if the
owner or operator demonstrates that all steps necessary to prevent
threats to human health and the environment from the active disposal
phase will be taken.
• 90
July 1, 2007
•
2.6 POST-CLOSURE CARE AND MAINTENANCE STANDARDS
2.6.1 The owner or operator of all solid waste disposal sites and facilities shall
prepare a written post-closure plan to be approved by the Department
after consultation with the local governing body having jurisdiction and
shall place it in the operating record.
2.6.2 For MSWLFs, the post-closure care period shall be established by the
Department and the governing body having jurisdiction per Section 3.6,
shall be based on the operating history of the site, and shall be at least
thirty (30) years. The post-closure care period for solid waste disposal
sites and facilities other than MSWLFs will be established by the
Department and the governing body having jurisdiction.
•
• 91
July 1, 2007
\\(
SECTION 7
REGULATIONS FOR TRANSFER STATIONS
7.1 PURPOSE, SCOPE AND APPLICABILITY:
(A) The purpose of this section is to establish minimum health and safety
standards for the operation of transfer stations. The criteria apply to all transfer
stations at which refuse generated off-site awaits transportation to approved solid
waste disposal sites and facilities. At such sites, refuse may be transferred from
one type of containerized collection receptacle, is processed by shredding,
baling, or compaction, and then placed into another receptacle. Other waste
management and disposal activities conducted at the site of the transfer station
may require regulation by the Department and a certificate of designation from
the local governing body having jurisdiction.
(B) A transfer station shall not be deemed to be a solid waste disposal site and
facility and therefore, such a facility shall not be required to apply for and obtain a
certificate of designation as outlined in these regulations. The governing body
having jurisdiction can request, in writing, that the Department conduct a
• technical review of the site and facility documents and its operation plan. The
Department shall be notified, by the governing body having jurisdiction when a
permit approving a transfer station is issued. A copy of the approved operations
plan shall be maintained at the transfer station.
(C) An intermediate processing facility is a transfer station under these
regulations and a material recovery facility is a recycling facility under Section 8
of these regulations.
(D) Only residential and commercial waste shall be accepted at transfer stations.
Wastes such as medical waste, asbestos waste and, contaminated soil shall not
be accepted at transfer stations unless the transfer station is specifically
designed and approved for these wastes.
(E) Transfer stations shall comply with the health laws, standards, rules, and
regulations of the Department, the storm water rules of the Water Quality Control
Commission, the Air Quality Control Commission, and all applicable local laws,
ordinances and regulations.
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(F) In conformance with Section 1.5.2, portions of these requirements may be
waived or modified for small rural transfer stations as long as the performance of
the site under the altered requirements is as protective of public health and the
environment as these regulations.
7.2 OPERATING PLAN CRITERIA Owners or operators of all new transfer
stations shall develop an operation plan that contains, as a minimum,
descriptive responses of compliance to this subsection.
7.2.1 General data and maps
(A) Name(s) and address(es) and telephone number(s) of the owner/operator.
Name and address and phone number of the person(s) operating the facility and
having the authority to take corrective action in an emergency.
(B) Facility mailing address, county and legal description including 1/4 section,
section, township and range.
(C) Regional map depicting service area, existing and proposed.
• (D) Vicinity map showing access and service roads, zoning and land use,
residences, water wells and the location of all surface water bodies, the location
of 100 year flood plain boundaries, and all manmade or natural features relating
to the facility within a ''A mile radius.
(E) Site map showing adjacent properties including land use, property owners
names and addresses, site property boundaries and area (acres). If proposed
site is adjacent to public roads or streets, include the properties across the
street or road. The map should show the present site conditions and the
projected site utilization including all site structures (such as buildings, fences,
gates, entrances and exits, parking areas, on-site roadways, and signs) and the
location of all water supplies and utilities. This site map shall be certified by a
state licensed surveyor or engineer.
(F) Site maps and drawings showing all the proposed structures and areas
designated for unloading, baling, compacting, storage, and loading, including
the dimensions, elevations, and floor plans of these structures and areas,
including the general process flow.
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(G) Facility's drainage system and water supply system.
7.2.2 Design criteria
(A) Unloading and loading areas shall be:
(1) Adequate in size to facilitate efficient unloading from the collection
vehicles and the unobstructed movement of vehicles;
(2) Constructed of concrete or asphalt paving material and equipped with
adequate drainage structures;
(3) Solid waste handling shall be confined to the smallest practical area.
Such handling shall be supervised by competent operating personnel who
shall be familiar with proper operational procedures;
(4) Sufficient internal storage areas to provide for incoming solid waste;
(5) Exhaust removal systems shall be installed in enclosed areas; and
• (6) Measures shall be provided to prevent backing into pits while
unloading.
(B) On-site roads
(1) Designed to accommodate expected traffic flow in a safe and efficient
manner;
(2) The road surface design shall be suitable for heavy vehicles and the
road base shall be capable of withstanding expected loads;
(3) Passable, in all weather conditions, by loaded collection and transfer
vehicles. Provisions shall be made for de-icing ramps during winter
months; and
(4) Where public dumping is allowing, separate access for passenger
vehicles shall be provided.
(C) Equipment Number, description and uses of all equipment projected to be
employed including the design capacity.
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•
(D) Gate and fencing Types and heights of suitable gate and fencing material
to be placed on site, to limit unauthorized persons from access to the facility
when the facility is closed.
(E) Signs A sign shall be posted, at all access points to the facility, with the
hours of operation, the types of solid waste accepted and not accepted, the
operating hours the facility accepts wastes, and emergency telephone numbers
of a responsible party.
(F) Buffer zones Buffer zone of 200 feet around the active operating area to
the nearest property line in residential zoned areas, or as otherwise established
by the governing body having jurisdiction.
7.2.3 Operation standards
(A) Waste characterization The types, composition, and expected daily
volume of all solid waste to be accepted at the facility in cubic yards or tons/per
day, the maximum time any such waste will be stored, and the proposed
capacity of the facility.
• (B) Supervision Facilities with permanent continually operating mechanical
equipment shall have an attendant on duty at all times the facility is open to the
public.
(C) Personnel The number, classification, and job descriptions of personnel to
be employed at the facility when operating at full capacity. A personnel training
plan which includes recognizing unauthorized waste such as PCB's and
hazardous wastes, equipment operation, and any other personnel concerns.
(D) Nuisance conditions All reasonable measures shall be employed to
collect, properly contain, and dispose of scattered litter, including frequent
policing of the area, and the use of wind screens where necessary. The facility
shall be managed in such a manner that noise, dust and odors do not constitute
a hazard to human health. The facility shall be managed in such a manner that
the attraction, breeding and emergence of birds, insects, rodents and other
vectors do not constitute a health hazard.
(E) Off-site water Control measures shall be provided to protect surface and
ground waters, including run-off collection and discharge, designed and
operated to handle a twenty-four (24) hour, twenty-five (25) year storm and
equipment cleaning and washdown water.
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• July 1, 2007
•
(F) Fire protection Fire protection equipment shall be available at all times. A
fire protection plan including provisions to prevent the spread of fire to
adjoining property shall be approved by the local fire department.
(G) Operational records Records shall be maintained for all facilities. These
records shall include a daily log of the quantity of solid waste received and
transported, as-built construction details, and variations from approved
operations procedures. Records shall be kept on-site whenever practicable or
as otherwise approved.
(H) Contingency plan. Contingency plans specifying the procedures to be
followed to handle situations such as the following shall be available at all times
to the transfer station attendants:
(1) Hazardous material incident, including emergency response contacts,
equipment, identification of trained personnel, and notification procedures;
(2) Contamination of surface water or ground water;
(3) Nuisance conditions on site or confirmed beyond the site boundary;
• and
(4) Alternate solidi waste handling system for periods of inability to operate
or delays in transporting solid waste due to fires, unusual traffic conditions,
equipment breakdown, hot loads, or other emergencies or undesirable
conditions.
(I) Cleaning facilities handling more than 100 cubic yards of waste per day
shall be cleaned daily of all loose materials and litter, by wash-down or other
approved method, to prevent odors and other nuisance conditions. All
residuals shall be properly removed and disposed. All boxes, bins, pits or other
container type used shall be cleaned on an approved schedule.
(J) Standing water All floors shall be free from standing water. All drainage
from cleaning areas shall be discharged to sanitary sewers or other methods
that meet local pre-treatment standards.
(K) Storage adequate Storage space for incoming solid waste shall be
available at the transfer station. Solid wastes should be loaded into the
containerized collection receptacle on the same day it arrives at the transfer
station. Uncompacted wastes will not be allowed to remain on the tipping floor
overnight. Removal of all putrescible solid waste from the transfer station
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•
whenever transfer containers are full, or weekly, whichever comes first, is also
required. Uncleaned transfer vehicles containing putrescible material shall not
be parked on public streets or roads except under emergency conditions.
Adequate off-street parking for facility vehicles shall be provided.
(L) All solid waste received at a transfer station shall be transferred as soon as
practicable. All solid wastes arriving at the transfer station that are not
transferred within twenty-four (24) hours of receipt shall be placed in closed
containers or in totally enclosed buildings, structures, or other means of cover
acceptable to the Department, that deter water, birds, insects, rodents and
other vectors from reaching wastes.
(M) Final disposal All solid waste passing through the transfer station shall be
ultimately treated or disposed of in an approved solid waste disposal site and
facility.
(N) Water supply The amounts and source of water for use on site for the
control of nuisance conditions, fire protection, construction purposes and
personnel use shall be presented.
• 7.2.4 Closure plans for final closure of the transfer station shall include a plan for the
removal of all stored solid wastes and washdown liquids. The Department and
the local governing authority shall be notified, in writing, of temporary or
permanent closure of the transfer station.
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1861 - 2011 MEMORANDUM
TO: PA11-078; Case File, pre-application
WEI LR_-€ I NTY
DATE: June 2, 2011
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
USR for transfer station
Attendees:
Jeff Reck, Applicant
Frank Piacentino, Building
Don Carroll, Public Works
Troy Swain, Environmental Health
Kim Ogle, Planning
Kris Ranslem, Planning
On Thursday, June 2, 2011 an informal discussion took place at the Greeley Administrative
• Offices Conference Room regarding a transfer station on the subject site. (The legal description
is SE-1015; NW4NW4 Section 12, T4N, R66W of the 6th P.M.; Situs Address is 12740 CR 48)
Background Information:
Waste Logistics currently picks up roll-off dumpsters from oilfield service companies and is brought
to the subject site where it is then dumped into trucks which compact the material and then it is
hauled to the landfill. The material consists of pallets, light household trash, etc.
In addition, the applicant provides portable toilet service, and general trenching for oilfield service
companies.
There is a residence located onsite; however it is lived in by one of the employees and no business
activities are held inside the residence.
There are currently 7 employees. They arrive in the morning and leave to go to the jobsites and
then come back in the evening.
Building Department
According to Building Department records, the exiting shop building onsite was built in 2005 for
personal use. A Change of Use Building Permit is required for the shop building as it is currently
used for storage of the business equipment. The applicant indicated that no maintenance is
performed on any vehicles within the shop building. A restroom is located inside the building for
employee use.
The applicant inquired about constructing a building next to the existing shop to dump the roll-off
• material until transferred to the landfill. Staff stated that this would be classified as a recycling
center and would have more issues with it. In addition, with regulations from Building and
Environmental Health there are large setbacks from adjacent property lines.
Health Department
There is currently a well onsite. Staff encouraged the applicant to visit with the Division of Water
Resources on the requirements of re-permitting the well for commercial use. The applicant
indicated that there is an existing septic system onsite.
Staff informed the applicant that he needs to be a licensed septage pumper since he is pumping
septic from the portable toilet services. He assisted the applicant in obtaining the application form.
Staff stated that this site is not a licensed transfer station and is therefore an illegal disposal site.
Staff informed the applicant that they will need to deliver the trash directly to the landfill until the
applicant has an approved and licensed transfer station through the State of Colorado or a
Certificate of Designation (CD) for a recycling center. Staff provided the State Regulations on a
licensed transfer station.
The applicant indicated that he also provides portable water and sewage systems on the oil rigs.
Staff encouraged the applicant to visit with Lauren Light, Environmental Health,for further direction.
Public Works
A Site Plan is required identifying the following: access, parking, buildings, circulation, and site
drainage.
There are currently 2 access points to the site. Public Works prefers only 1 access; however the
Traffic Engineer will evaluate it.
No traffic study is required; however a narrative estimating the number of trips per day as well as the
type of equipment accessing the site is requested.
The site is not located in a designated FEMA floodplain.
No Drainage Report is required; however the applicant shall provide a short description of the
historic stormwater flows across the property and how their application will affect those flows. The
description shall include but not be limited to: 1) where the water originates if it flows onto the
property from an offsite source, 2)where it flows to as it leaves the property, 3)the direction of flow
across the property, and 4) if there have been previous drainage problems with the property. The
application shall also provide flow arrows on the map showing where the stormwater starts, how it
goes across the property, and where it leaves the property. The applicant will still be responsible for
providing a water quality feature that conforms to the methodology outlined in Volume 3, Section
4.4.2 of the Urban Storm Drainage Criteria manual.
Planning Department
Staff offered to visit the site and assist the applicant in making suggestions to make the process
simple. Because the site is currently in violation, a complete application will need to be submitted
within 75 days. Staff offered the applicant to make a decision in the next 2 weeks on how to
proceed.
Staff provided the applicant with the USR application. The USR application fee is$2500 without the
transfer station component. The USR Solid Waste application fee is $20,000.
Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m.
Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness
review. After the 7 day completeness review the applicant will be informed of what items are still
required to make the application complete. Staff requested that the applicant submit the remaining
material in electronic form. Upon submittal of a completed application it will be sent out for referral
for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as
• many of the referrals as possible. At that meeting the Planning Commission hearing will be
scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks
after the Planning Commission hearing.
The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the
above notes may not identify all issues, even major ones that may be raised during the formal review of your
application. The information contained herein has been placed on file with the Department of Planning
Services.
End memorandum.
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