HomeMy WebLinkAbout20101548.tiff HEARING CERTIFICATION
DOCKET NO. 2010-28
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1704 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (INCLUDING
CLASS I COMPOSTING, AN ANIMAL WASTE RECYCLING OR PROCESSING
FACILITY [AN ANAEROBIC DIGESTER-BASED RENEWABLE ENERGY PLANT -
GAS]), ALONG WITH A CONCRETE BATCH PLANT TO BE USED FOR
CONSTRUCTION OF THE FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT,
INCLUDING THE CERTIFICATE OF DESIGNATION - SHELTON LAND AND CATTLE,
LTD., AND HEARTLAND RENEWABLE ENERGY, LLC
A public hearing was conducted on July 21, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Troy Swain
Public Works representative, Don Carroll
Public Works representative, Janet Carter
The following business was transacted:
I hereby certify that pursuant to a notice dated June 21, 2010, and duly published June 24,
2010, in the Windsor Beacon, a public hearing was conducted to consider the request of
Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1704 for a Solid Waste Disposal Site
and Facility (including Class I composting, an animal waste recycling or processing facility [an
anaerobic digester-based renewable energy plant — gas]), along with a Concrete Batch Plant to
be used for construction of the facility, in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record. Chair Rademacher advised the applicant's
representative, Tom Haren, AGPROfessionals, LLC, that he has the option of continuing the
matter to a date when the full Board will be present. However, if he decides to proceed today,
the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Garcia
will review the record and make the determining vote. Mr. Haren indicated he would like to
proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated the site is located one-half mile south of County Road 42, and one-quarter
mile west of County Road 40; however, the access to the facility is on County Road 49. He
confirmed the USR permit will only encompass a portion of the overall property owned by
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Shelton Land and Cattle Company, and the Department has added a Condition of Approval
which requires the applicant to incorporate the access road and land south of the road into the
boundaries of the USR permit. He stated there are six existing gas wells and two tank batteries
on the site, and the property is located within a rural area consisting of dryland parcels and
irrigated agricultural lands, with rural residences. He clarified the two nearest residences are
approximately one-quarter of a mile from the proposed facility, and a Lighting Plan and
Screening Plan are required to be submitted, to help mitigate impacts to surrounding property
owners. Mr. Gathman stated fourteen referral agencies reviewed the application materials, and
nine provided comments which have been addressed within the Conditions of Approval and
Development Standards. He further stated no referral response was received from the Central
Weld County Water District, Weld County Sheriff's Office, or Colorado Interstate Gas Company.
He confirmed staff did receive one telephone call from a neighbor expressing concern regarding
the sight distance at the entrance on County Road 49, due to the hills within the area, and the
potential for odor on the site. He further confirmed an e-mail was received from another
surrounding property owner on July 20, 2010, citing concerns regarding traffic safety, trucks
hauling during night-time hours, and the nuisance of lighting on the site. He clarified the
surrounding property owner requested that the applicant keep lighting on the site to a minimum,
and eliminate hauling activities during night-time hours.
Mr. Gathman confirmed the applicant has agreed to the language contained within Condition of
Approval #1.G, regarding the agreement with the oil and gas operators on the site, even though
this type of language is not typically included within the Resolution. He indicated the applicant
is working on finalizing the agreement with the operators, therefore, the Planning Commission
concurred with the request to allow 180 days for the submittal of the plat. He displayed
photographs of the site and the surrounding area, explaining that the temporary batch plant will
be constructed in the southwest corner of the site. He clarified the site slopes down away from
County Road 49, and slopes back up at the west end of the property. Mr. Gathman stated the
letter provided by a surrounding property owner also referenced concerns regarding the view of
the property to the west. He confirmed he visited the area, and the surrounding property owner
is approximately one-half mile from County Road 49. He indicated, based upon the location of
the proposed facility, it doesn't appear that the facility will be visible, due to the hill between the
residence and the proposed facility which limits the view. Responding to Chair Rademacher,
Mr. Gathman confirmed the residence is located further south on County Road 49.
Don Carroll, Department of Public Works, stated County Road 49 is classified as an arterial
road, requiring 140 feet of right-of-way at full buildout, and it currently contains 80 feet of
right-of-way. He clarified County Road 40 creates a T-intersection with County Road 49, as
County Road 40 does not continue west of County Road 49. He confirmed the road rises
slightly on the eastbound side, and Janet Carter, Department of Public Works, will discuss the
Traffic Study. He stated there will be no parking or staging of trucks along County Road 49, and
the Department has found the submitted drainage report to be acceptable. He clarified
Condition of Approval #1.D.1 requires the submittal of an Improvements Agreement and related
collateral, and a grading permit must be issued prior to the beginning of the construction of the
facility. Mr. Carroll indicated improvements for the intersection have been required, and the
access road must contain 300 feet of pavement, or 100 feet of pavement with a double cattle
guard, to work as a tracking pad to prevent tracking debris onto County Road 49. He further
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indicated the rest of the access road may be gravel or another type of all-weather surface, and
the access will be required to have adequate turning radii for the large trucks.
Ms. Carter indicated County Road 49 is classified as an arterial road, with a current average
daily traffic count of 3,979 vehicles per day. She further indicated County Road 40 is a local
gravel road, with a current traffic count of approximately 146 vehicles per day, and this facility is
expected to produce an average of 205 vehicle trips per day. She clarified there are two
existing accesses on County Road 49, and County Road 40 is considered a private drive on the
west side of County Road 49, south of the proposed facility. She confirmed the applicant
originally intended to utilize County Road 40 for access to the facility; however, due to the sight
distance issues on the road, staff requested that the existing access on County Road 49 be
utilized, after being shifted to the south. She confirmed the oil and gas access will be
consolidated with this access, and there will not be a net increase for access at this facility.
Ms. Carter indicated the applicant will be required to install 60-foot turning radii, acceleration
and deceleration lanes on County Road 49, due to the concerns of safety for the travelling
public. She clarified the 85th percentile of traffic speed is 71 miles per hour; there have been
five accidents within the past three years near this intersection; and heavy trucks will be
travelling to and from this facility, which prompts the need for longer acceleration and
deceleration times. She further clarified several other USR permits within the general vicinity
have also required the installation of auxiliary lanes on County Road 49, including the
SemCrude, High Plains, and Lone Star facilities. She clarified final construction drawings will be
required to be reviewed and accepted by the Department, prior to construction. She stated the
Planning Commission recommended approval of a left acceleration lane, a left deceleration
lane, and a right deceleration lane to be installed prior to operations at the site, and the
Department will require a right acceleration lane to be installed when traffic meets the warrant of
50 vehicles per hour, during a peak hour. In response to Commissioner Kirkmeyer, Ms. Carter
confirmed the access on County Road 49 will be shifted to the south to accommodate better
sight distance and to allow better spacing with the accesses on the opposite side of the road.
She further confirmed the Department has held several meetings with the applicants and
representatives regarding the topic of road improvements.
Troy Swain, Department of Public Health and Environment, stated the facility is a solid waste
disposal facility, and the Design and Operations Plan was approved by the Colorado
Department of Public Health and Environment (CDPHE). He confirmed the use will include a
Certificate of Designation, and there will be ongoing inspections and oversight by the CDPHE
and the Weld County Department of Public Health and Environment to evaluate compliance with
the approved plan and conditions of the Certificate of Designation. He stated Development
Standards #6 through #31 and several Conditions of Approval address the requirements of the
Department, and he clarified Development Standard #7 indicates all construction plans must be
completed in accordance with the approved plan. He indicated the in-ground structures are all
required to have a secondary liner and a leak detection system, and the facility will also provide
groundwater monitoring.
Mr. Haren reviewed his PowerPoint presentation, marked Exhibit F, and explained the intent of
the facility is to produce pipeline grade natural gas from cattle manure and other organic waste.
He clarified the application also includes the request for a temporary batch plant to be utilized
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during construction of the facility so that quality concrete may be created. He clarified the
anaerobic digesters, with covers to capture the gas during the process, will convert waste
materials into methane-rich gas, which will then be scrubbed of impurities and injected into the
interstate natural gas line, located adjacent to the facility. He indicated this type of digestion is a
common method of treating waste material, and produces a high-grade compost, methane, and
carbon dioxide, and the process precludes the release of pollutants to the environment. He
confirmed the facility will produce the equivalent energy of 25 megawatts, which could serve the
energy usage of approximately 22,000 residences. Mr. Haren stated the USR boundaries
contains approximately 80 acres; however, the legal description also included all of the
southwest quarter and the access road which is located on an easement. He clarified the
Shelton Dairy is located north of the site, and the existing gas wells and tanks on the site
already meet the required setbacks; however, the applicant has granted an additional 200-foot
setback on the wells for drilling operations and servicing, and a Surface Use Agreement will be
completed prior to recording the plat. He further clarified there are currently no permanent
structures or surface water on the property, and he confirmed this site met the site selection
criteria for this proposed facility because it is directly adjacent to the pipeline, it is within an
agricultural area, and is located adjacent to a major transportation corridor. He stated the
access to the site was originally proposed to be located on County Road 40; however, due to
the lack of right-of-way for County Road 40 west of the site, and sight distance issues within the
area, the new proposed consolidated access is a better option. He indicated, as required, the
entrance will contain a sign with the necessary emergency contact information, the production
facility will be surrounded by a six-foot chain-link fence, and the perimeter of the remaining
property will be surrounded by a barbed wire fence.
Mr. Haren reviewed the seven obligations of the applicant contained within Section 23-2-230.B
of the Weld County Code, and clarified this type of facility is a farm-related service which is not
currently available in the surrounding area. He further clarified this facility is directly dependent
upon agriculture and will help support the future growth of agricultural operations. He displayed
a map of the Confined Animal Feeding Operations (CAFO) within the surrounding area, and
confirmed the gas pipeline runs from north to south, just east of County Road 49. He indicated
food wastes will be received from businesses within the surrounding municipalities, he
confirmed the property is not located within any Urban Growth Boundary areas, and the
property has never been utilized as irrigated farmland. Mr. Haren stated the facility will be
regulated as a Class I solid waste disposal facility, which accepts the most liberal of materials.
He confirmed the Design and Operations Plan has been approved by the CDPHE and the Weld
County DPHE, and does include a Closure Plan, a Certificate of Designation, and the required
financial assurance for the closure of the facility.
Mr. Haren reviewed the allowed feedstocks the facility will be allowed to receive, and clarified
the facility will only accept those listed within the characterization plan, even though a Class I
facility is allowed to accept many types. He further clarified the facility will not receive sludges,
since they do not provide a beneficial use; however, the facility will receive oils and fats, which
are very hard to treat and do not have many disposal options but provide an important amount
of energy. Mr. Haren described the proposed flow process of the facility, and confirmed the
facility will operate a total of 24 digesters at full buildout, each of which will resemble a
swimming pool with a cover. He clarified the wastes received will be deposited into a building or
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tank to be blended, and then will be injected into the digesters with water from a recycled source
to create a slurry. He explained the slurry is detained for a period of 24 to 30 days, and the
amount contained within the digester is kept at constant input and output rates so that the levels
are properly maintained within the digesters. He clarified the site will be staffed 24 hours per
day, seven days per week, and will contain an on-site laboratory, where all materials will be
characterized. He further clarified this will not be a public facility and any loads of material
which arrive to the site unexpectedly will be turned away. He indicated it is not intended that the
site will be used for storage, and it is expected that the longest any materials will be stored on
the site is one to two days. He further indicated it is expected that material will be trucked to the
site on a regular basis, and some of the material may require slight chemical or temperature
adjustments to obtain the desired pH range. Mr. Haren confirmed the digesters will be
constructed at five-to-one length ratio, being 200 feet in length by 40 feet in width and 24 feet in
depth, with the ability to pump 850 gallons a minute. He clarified the temperature range within
the digesters will be between 95 to 100 degrees, the cover is a single-membrane PVC material,
hot water will be piped in through the concrete, similar to floor heat, and the goal of the
digesters is to create a natural gas comprising of 60 percent methane and 40 percent carbon
dioxide. He further clarified the carbon dioxide will be captured and utilized for commercial
operations and the residual solids leftover within the digesters will be de-watered and dried and
the water will be collected for re-use. He confirmed once the solids meet the specific
requirements for being pathogen-free, they are no longer considered to be a solid waste, and
actually become a product which is not regulated. He indicated there are storage ponds on the
site for the purposes of balancing and mixing the water, and he described the proposed facility
as provided within a map.
Mr. Haren further reviewed the provisions for the protection of the health, safety, and welfare of
the public, as listed within the presentation, and he confirmed the digesters will contain double
liners and staff will check for leaks. He further confirmed groundwater monitoring activities have
already commenced on the site, and surface water within the surrounding area is actually hard
to find. He indicated the facility was specifically designed within the middle of the site in order to
help create a natural buffer to surrounding properties. He stated a Traffic Study was completed,
which was required by staff, and the results of the study indicated no improvements would be
required; however, the dangers of County Road 49 are well-known, and the proposed
consolidated access will be a safer access. He confirmed the facility is designed to receive
materials 24 hours per day; however, a majority of the material will be delivered during daylight
hours. He further confirmed it is intentional that the facility does not have storage capabilities
because the applicant does not intend to store raw material on the site. Mr. Haren clarified one
of the Planning Commissioners recommended language to the Resolution during the Planning
Commission hearing, which may have muddied the waters; however, the plans do meet the
intent of what was requested by the Planning Commissioner. He stated many have expressed
concerns regarding the safety hazards of the gas on the site, and he clarified flares, requiring air
permits, are designed into the facility for the rare emergency situation of complications with the
pipeline. He further clarified generators are also incorporated into the design of the site so that
gas equipment may continue operating if there is an interruption of utility service. Mr. Haren
reviewed the summary aspects contained within the presentation, and requested approval of the
USR permit.
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In response to Chair Rademacher, Mr. Carroll confirmed County Road 40, east of County
Road 49, is maintained by the County; however, the road is only a section line access west of
County Road 49. Responding to Chair Rademacher, Mr. Haren confirmed the batch plant on
the site will only be utilized during construction of the facility, and will provide a quality concrete
for the facility, as well as reducing traffic on County Roads during construction of the site.
Further responding to Chair Rademacher, Mr. Haren explained the wastes received at the
facility will not have the potential to create obnoxious odors since the material will be unloaded
straight from the tanker truck into the holding tank at the facility, through a hose. He clarified the
tanks are required to have vents, to release pressure as necessary; however, the facility is
required to obtain permits regarding the issue of odor. He explained the solid manure will be
placed into a concrete receiving vessel and then blended within a building. Responding to Chair
Rademacher, Mr. Haren confirmed solid manure will be the only material which will have
exposure to open air, and the exposure will be minimal. He further clarified Butterball no longer
operates within the surrounding area; however, the facility will accept organic poultry material, if
it becomes available.
Chair Rademacher expressed his concerns regarding the potential odors caused by the storage
of these types of materials being obnoxious to surrounding property owners. In response,
Mr. Haren clarified the trucks delivering product to the site will be scheduled, and will be
emptied one at a time into the proper containment structures, and the outdoor storage of any
material will be very minimal. Responding to Chair Rademacher, Mr. Haren indicated the facility
does have a tap agreement with the Central Weld County Water District as well as a permitted
commercial well; however, the only clean water necessary on the site will be the water utilized
and consumed by employees. Further responding to Chair Rademacher, Mr. Haren confirmed
the water from the Shelton Dairy will be re-used within this facility, and the necessary
agreements are in place for the use of the pipeline. He indicated the covers on the digesters
are designed to withstand a heavy snow load or a substantial hail event; however, in the case of
a weather emergency, the covers will deflate, removing the gas, and the material will continued
to be covered.
In response to Commissioner Conway, Mr. Haren confirmed this facility is unique, and there are
very few similar to it around the country. He indicated several municipalities utilize small
digesters to generate electricity, and several large dairies within the State of California utilize
digesters strictly for agricultural purposes. He confirmed this will be the only facility he knows of
which will contain full-time staff.
Barry Myhr, Noble Energy, indicated Noble Energy has existing oil and gas facilities on the site,
and does not have any objection to the proposed use with the approval of the language stated
within Condition of Approval #1.G. Responding to Commissioner Kirkmeyer, Mr. Myhr
confirmed the referral response contained a typographical error regarding the Town of
Louisville. Commissioner Kirkmeyer indicated regulations require the right of reasonable
access to oil and gas facilities, and she expressed concern that Condition of Approval #1.G may
contain language requiring an agreement which could potentially not be completed. In response
to Commissioner Kirkmeyer, Mr. Myhr explained the agreement discusses the existing uses on
the site, specifically the flow line running from north to south through the production facilities,
and the need for relocation of several facilities. He indicated the agreement will also address
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access concerns concerning the new access road into the facility, which creates the potential for
reclamation, and the fencing of the facility, which may be located within some of the operations
areas. He clarified the agreement will also address the outdoor storage of manure or the
byproduct of the digester, in relation to the proximity of the storage areas to the existing wells.
Mr. Myhr indicated the use of the proposed facility will be relatively simple to accommodate
since similar equipment will be accessing the site, and the agreement will provide for a
coordination of efforts to ensure concerns are addressed appropriately. Commissioner
Kirkmeyer expressed her concern regarding the Board being forced to get in between two
private property owners. She clarified the parties should only be required to accommodate
reasonable access and should work out any other concerns on their own accord. She indicated
in past situations, the Board has only required the applicant to attempt to reach an agreement
with the oil and gas operators on the site, and she was not aware that the plat could include
future drilling sites. In response, Mr. Gathman indicated the drilling envelopes are typically
indicated on the plat, as evidence of an adequate attempt to address concerns, if the parties are
not able to reach an agreement. He clarified the language within Condition of Approval #1.G
was proposed, and agreed upon by the parties involved, including the applicant, and the
Planning Commission accepted this language in place of the standard language.
Molly Sommerville-Buchanan, Attorney, represented Anadarko and Kerr-McGee, and confirmed
an objection letter was submitted to staff, dated May 10, 2010. She clarified the Anadarko
entities own all of the minerals underneath the property, and have granted oil and gas leases to
Kerr-McGee and Noble Energy. She indicated there are six producing wells within the
southeast quarter, and three of the wells are located within the area proposed for this facility.
She clarified the proposed site plan does impact the existing production facilities and access
routes, and it may impact the ability to drill future wells. She confirmed, during the Planning
Commission hearing, the involved parties agreed that a Surface Use Agreement be finalized
prior to recording the plat, and this agreement was incorporated as a part of the
recommendation of the Planning Commission. Ms. Sommerville-Buchanan indicated the
potentially incompatible existing operations make it important for an agreement to be place, and
it made sense to all companies involved that this Condition be included within the Resolution.
She clarified if the language remains within the Resolution, Anadarko and Kerr-McGee have no
objections to the proposed use. She clarified another meeting was held following the Planning
Commission hearing, at which time the site plan was discussed, and it does not appear there
will be any issues in reaching an agreement between all parties. In response to Commissioner
Kirkmeyer, Ms. Sommerville-Buchanan clarified the issues concerning access are in regards to
the required changes to the existing access road on the site. Commissioner Kirkmeyer
reiterated the access on County Road 49 will be modified and she questioned whether any
access permits were granted. In response, Mr. Myhr confirmed the current oil and gas access
is shared with one of the production facilities on the site; however, it is his understanding that
Noble will be required to obtain an access permit if wells are drilled within the near future. He
clarified Noble's current access is located just north of the newly proposed access, and Noble
does not have any objection to abandoning the current access as long as the new access
contains the necessary improvements to accommodate truck traffic. There being no further
discussion, the Chair closed the public input portion of the hearing.
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Mr. Haren confirmed the proposed facility has been designed around the existing oil and gas
operations, and additional setback distances have been granted. He indicated one flow line
between two of the wells will be moved, as requested, the applicant believes the concerns
regarding the roads and fences will be easily resolved, and all of the drill sites are located
outside of the operation design of the proposed facility. He explained it is unusual to require a
Surface Use Agreement; however, the applicant has agreed to this Condition, and the
Agreement will be finalized before the plat is recorded. In response to Commissioner Conway,
Mr. Haren confirmed he does not believe it is the responsibility of the applicant to amend the
plat for potential drilling sites, and Mr. Gathman did confirm that the relocation of access roads
and fence lines are not substantial amendments to the plat and will be modified before the plat
is recorded. He confirmed he would advise any of his clients against agreeing to any
stipulations which require a future amendment to the USR permit. Further responding to
Commissioner Conway, Mr. Haren reiterated the terms of the agreement, as referenced within
Condition of Approval #1.G, are achievable.
Commissioner Kirkmeyer questioned the necessity of the language within Development
Standard #13. In response, Mr. Haren confirmed the facility is a permitted waste disposal site;
however, he believes the language is a standard reference included by staff, and addresses the
solid waste generated by employees on the site and placed in the dumpster. Commissioner
Kirkmeyer instructed staff to create some clarification for Development Standard #13.
Responding to Chair Rademacher, Mr. Haren indicated he understands the size of the septic
system will help determine the number of employees allowed on the site; however, he is unsure
if the total of 30 employees is per shift, or the total number allowed to be on the payroll, and he
clarified the facility intends to have employees work three shifts. In response to Chair
Rademacher, Mr. Swain explained when the septic system is sized, an engineer's calculation
will be utilized; however, the Code clearly indicates the system must be sized for the number of
people on the site which will be utilizing the system. Mr. Haren clarified if the total of employees
is limited to 30 per shift, he does not have any objections. Chair Rademacher suggested the
words "per shift" be added to the end of Development Standard #4, and the Board concurred.
Commissioner Kirkmeyer requested that the specific staff name of "David Bauer" be removed
from Condition of Approval #1.D.2 (under Drainage Report), and she requested the language
within Condition of Approval #1.G be modified to include the standard language provided by
staff so that the County is not included as a third party, and Chair Rademacher concurred.
Commissioner Kirkmeyer indicated it is acceptable to require the applicant to provide evidence
of an attempt to reach an agreement; however, it is not acceptable to hold up the recording of
the plat for evidence of an agreement. She further indicated if the applicant needs to make
minor changes, it should not be necessary for the applicant to amend and re-record the plat,
and she does not understand why drilling sites need to be included. In response, Mr. Barker
clarified the standard language was designed so that if an applicant was not able to come to an
agreement, then evidence of a good attempt could be justified by the applicant including drilling
windows on the recorded plat. He concurred the last sentence of Condition of Approval #1.G
could be deleted. At the request of the Board, Mr. Gathman suggested Condition of
Approval #1.G be modified to reflect the original language which stated, "The applicant shall
either submit a copy of an agreement with the property's mineral owners/operators, stipulating
that oil and gas activities have been adequately incorporated into the design of the site, or,
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provide evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owners/operators. Drill envelopes may be delineated on the plat, in accordance with
state requirements, as an attempt to mitigate concerns. The plat shall be amended to include
any possible future drilling sites." Mr. Barker clarified the language is taken straight from the
Weld County Code, and the Board concurred with the modification, as described by Mr.
Gathman.
Commissioner Kirkmeyer indicated the Development Standards make reference to the Design
and Operations Plan; however, it does not appear to be clear that a copy of the plan must be
provided to the County. She indicated she assumes approval is granted by the CDPHE;
however, if the County is not involved in the approval process, the Plan is unilaterally approved
by one entity. In response, Mr. Swain clarified the Design and Operations Plan was first
submitted to the Weld County DPHE, and the Department is required to submit a copy of the
Plan to the CDPHE. He explained the Plan was approved by the CDPHE, and a letter of
conditional approval was sent to Weld County, and some of the conditions listed within the letter
were included within the Resolution as Development Standards, as appropriate. He confirmed
the Design and Operations Plan may not be amended without approval by the Weld County
DPHE. Responding to Commissioner Kirkmeyer, Mr. Swain confirmed the Weld County DPHE
is not allowed to approve a solid waste disposal facility without the technical review of the
Design and Operations Plan by the CDPHE. He clarified an amendment to the Plan will require
review of the amendment by the CDPHE before the local authority may authorize any
amendments. Further responding to Commissioner Kirkmeyer, Mr. Swain indicated it is not
necessary for a hearing to be held for any new materials which the facility may be wishing to
process; however, if a request is received to process a material which was specifically
prohibited, the Board will be consulted for guidance to determine if it constitutes a significant
amendment to the Design and Operations Plan. He explained the written approval to proceed
will be provided by the local governing authority, and the CDHPE cannot modify any of the
Conditions included within the USR permit. He clarified the Certificate of Designation will also
be approved, in conjunction with the USR permit, and none of the Conditions may be altered
unless the local governing authority authorizes modifications.
Following discussion between Commissioner Kirkmeyer and Mr. Swain, the Board concurred
with the deletion of Development Standard #13, with the required re-numeration. Mr. Barker
recommended the Certificate of Designation be referenced within the approval paragraph on
page three of the Resolution to state, "...along with a Concrete Batch Plant to be used for
construction of the facility, in the A (Agricultural) Zone District, including the Certificate of
Designation, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:". He confirmed the title of the Resolution should also be modified to reflect
the Certificate of Designation. The Board concurred with the modifications, as described by
Mr. Barker.
Mr. Haren clarified the Certificate of Designation is essentially a landfill permit, and the State
gives a technical approval once it is approved by the County. He indicated Conditions of
Approval #1.C.3, #1.F, and Development Standard #35 reference a required Screening Plan,
and he clarified the site acts as its own buffer with the 40-foot drop from County Road 49 to the
proposed facility. He clarified it will not be possible to screen the digesters, and all activities will
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occur inside of buildings, therefore, a Screening Plan cannot be accomplished. In response,
Mr. Gathman confirmed the location is adequate, and he concurs with the removal of the
requirement of a Screening Plan. Chair Rademacher confirmed the security of the site is more
important than the screening of the site. The Board concurred with the deletion of all references
to the Screening Plan throughout the Resolution. Mr. Haren referenced Conditions of
Approval #1.D.3 and #7.B.2, regarding the traffic study, and he confirmed Ms. Carter presented
definitive requirements for the applicant at the Planning Commission hearing. He commended
the Planning Commission for their efforts to enhance safety at the facility; however, the addition
of the language within Condition of Approval #1.D.3 is vague, and he requested the language
be reverted back to the requirements contained within the referral provided by Ms. Carter.
Responding to Chair Rademacher, Mr. Haren confirmed the language previously provided by
Ms. Carter contained definitive triggers for requirements for additional lanes. Ms. Carter
confirmed her original referral contained the requirement of a left acceleration and left
deceleration lane, and the addition of a right deceleration lane and right acceleration lane, when
warranted by the proper vehicle counts within a peak hour. She clarified the applicant's original
traffic study indicated a total of ten to fifteen employees; however, testimony provided today
indicated there could be up to thirty employees per shift, for a total of up to 90 vehicle trips
created by employees, which is considerably more than the original figure. She confirmed the
potential additional employee trips may enact the warrants for the additional road
improvements.
At the request of Chair Rademacher, Ms. Carter calculated the additional traffic load, and
indicated the applicant will still be required to install a left acceleration and deceleration lane,
and the rest of the triggers will remain as she previously described. Commissioner Kirkmeyer
requested the deletion of Condition of Approval #1.D.3, and Ms. Carter requested the
modification of Condition of Approval #1.D.2 to include a right deceleration lane at the trigger of
50 vehicles per hour during the peak hour. Ms. Carter also requested a modification to
Condition of Approval #7.B.2 to delete the words "and right deceleration lane". Mr. Haren
confirmed he agrees with the proposed modifications, and the Board concurred with the
modifications, as proposed. Ms. Carter clarified the triggers will be determined by taking vehicle
counts before and after the access improvements are completed. She cautioned that once the
trigger is met, the applicant will be required to immediately begin the construction of the
necessary road improvements. In response to Chair Rademacher, Ms. Carter clarified the use
of the access will trigger the need for additional improvements, and if the use of the access by
the oil and gas activity triggers the warrant, the details will have to be worked out in the
agreement between the parties.
At the request of Commissioner Kirkmeyer, Mr. Swain clarified the purpose of Development
Standard #9 is to delegate the approval of Type 3 materials to the Department, and the last
sentence indicates the Department must approve any new materials on behalf of the local
governing body.
In response to Chair Rademacher, Mr. Haren indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Shelton Land and Cattle, Ltd., and
2010-1548
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HEARING CERTIFICATION - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND
RENEWABLE ENERGY, LLC (USR-1704)
PAGE 11
Heartland Renewable Energy, LLC, for a Site Specific Development Plan and Use by Special
Review Permit#1704 for a Solid Waste Disposal Site and Facility (including Class I composting,
an animal waste recycling or processing facility [an anaerobic digester-based renewable energy
plant — gas]), along with a Concrete Batch Plant to be used for construction of the facility, in the
A (Agricultural) Zone District, including the Certificate of Designation, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. Her motion included the
addition of the reference to the Certificate of Designation within the title of the Resolution and
the approval paragraph on page three; the deletion of the references of the Screening Plan
within the Resolution, including Conditions of Approval #1.C.3 and #1.F, Development
Standard #35, and within the last sentence of Criteria of Approval #2.c; the modification of
Condition of Approval #1.D.2 to state, "The Department of Public Works requires that a right
acceleration and right deceleration lane be constructed on County Road 49 when traffic
volumes meet the triggers of 25 vehicles per hour (vph) turning right into the facility, during a
peak hour, and 50 vph turning right out of the facility, during the peak hour. This requirement
shall be included in the Improvements Agreement. Prior to the start of construction of the
auxiliary lanes, final construction drawings are required to be reviewed and accepted by the
Department of Public Works."; the deletion of Condition of Approval #1.D.3; the modification of
Condition of Approval #1.G to state, "The applicant shall either submit a copy of an agreement
with the property's mineral owners/operators, stipulating that oil and gas activities have been
adequately incorporated into the design of the site, or, provide evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owners/operators. Drill
envelopes may be delineated on the plat, in accordance with state requirements, as an attempt
to mitigate concerns. The plat shall be amended to include any possible future drilling sites.";
the modification of Condition of Approval #7.B.2 to state, "The Department of Public Works
requires the construction of a left acceleration lane and left deceleration lane to mitigate:"; the
modification of Development Standard #4 to state, "The maximum number of employees
employed at the site shall be thirty (30), per shift."; and the deletion of Development
Standard #13, with the required re-numeration. The motion was seconded by Commissioner
Conway, and he indicated he is excited about this project, since it will be such a unique facility,
and it allows Weld County to move forward with another avenue for renewable energy. He
clarified the most exciting component of the proposed use is that it is still agriculturally related,
and it will provide additional options for agricultural operators within the surrounding area. Chair
Rademacher concurred that this facility has been well thought out, and he appreciates the
thorough application and presentation. There being no further discussion, the motion carried
unanimously and the hearing was completed at 12:15 p.m.
This Certification was approved on the 26th day of July, 2010.
2010-1548
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HEARING CERTIFICATION - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND
RENEWABLE ENERGY, LLC (USR-1704)
PAGE 12
BOARD OF COUNTY COMMISSIONERS
I� IE1La% ELD COUNTY. COLORADO
ATTEST: /' 6 a�. ►��u! -(„t(^
J� • "' f� .;,'M glas ademac ; Chair
Weld County Clerk to the B jti
^ .t ; Barbara Kirkmeyer Pro-Te
Depu lerk t e Board
:: C1?
CUSED
William F. Garcia
David E. Long
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2010-1548
PL2072
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1704- SHELTON LAND AND CATTLE, LTD., AND HEARTLAND
RENEWABLE ENERGY, LLC
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 07/06/2010)
D. Planning Staff Certification and photo of sign posting
E. Patricia O'Connell Letter of Concern, received 07/20/2010
F. Applicant Copy of PowerPoint Presentation
G. Public Works staff E-mail re: modification of Condition of Approval #1.D.2
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