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Home My WebLink About20101532.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Heartland Renewable Energy, Case Number USR-1704 LLC Submitted or Prepared Prior to At Hearing Hearing N4 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate Surrounding Property/Mineral Owners X Utilities 4-4 3 Referral List X v Referrals without comment X Weld County Zoning Compliance referral received 5/12/2010 X • Colorado Division of Wildlife referral received 5/12/2010 X 4 Referrals with comments X Weld County Department of Public Works referral received 5/27/2010(3 pages) X Weld County Department of Public Health and Environment referral received X 6/22/2010 (5 pages) \` Colorado Division of Water Resources referral received 5/3/2010 X N. Anadarko/Kerr McGee referral received 5/10/2010 X Noble Energy referral received 6/24/2010 X Colorado Department of Health conditional letter of approval received 4/7/2010 X 5 Surrounding Property Owners/Mineral Owners - Letters u�fl NI 6 PC Exhibits A Planning Commission Sign Posting Certificate (3_fa unr(p,, C uhvato) X B Board of County Commissioners Sign Posting Certificate X C E-mail from Tim Naylor&Molly Buchanan received 6/30/2010 X X I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. • Chris Gathman ! Planner Ill 9,. 2010-1532 • 41* LAND USE APPLICATION SUMMARY SHEET 11`k. COLORADO Case Hearing Date: July 6, 2010 Number: USR-1704 Applicant: Heartland Renewable Energy, LLC Representative: Tim Naylor, AGPROfessionals, LLC 4350 Highway 66, Longmont, CO 80503 Situs Address: 23043 County Road 42, LaSalle, CO 80645 Request: A Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility(including Class I composting),an animal waste recycling or processing facility(an anaerobic digester-based renewable energy plant(gas))along with a concrete batch plant to be used for construction of the facility in the A(Agricultural) Zone District. Legal Description: Part of the SE4 of Section 25, T4N, R65W of the 6th P.M., Weld County, CO Location: % mile south of County Road 42 and 1/4 mile west of County Road 49 • Size of Parcel: 80 +/-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 with comments from the following agencies: ➢ Weld County Department of Building Inspection, referral dated 11/19/2009 ➢ Weld County Department of Public Works, referral received 5/27/2010 ➢ Weld County Department of Public Health and Environment, referral dated 6/21/2010 ➢ Colorado Division of Water Resources, referral received 5/3/2010 ➢ Weld County Zoning Compliance, referral received 5/12/2010 ➢ Anadarko/Kerr McGee, referral dated 5/10/2010 ➢ Noble Energy, Inc., referral received 6/22/2010 The Department of Planning Services' staff has received responses without comments from the following agencies: ➢ Colorado Division of Wildlife, referral received 5/12/2010 • The Department of Planning Services' staff has not received responses from the following agencies: USR-1704 - Heartland Renewable Energy, LLC EXHIBIT Page 1 use-itoy • ). Colorado Department of Health—Hazardous Materials &Waste Management Division ➢ LaSalle Fire Protection District ➢ Weld County Sheriffs Office ➢ Central Weld County Water District ➢ Colorado Interstate Gas ➢ Department of Planning Services- Landscape Referral • • USR-1704- Heartland Renewable Energy, LLC Page 2 • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW f I COLORADO Planner: Chris Gathman Case Hearing Date: July 6, 2010 Number: USR-1704 Applicant: Heartland Renewable Energy, LLC Representative: Tim Naylor, AGPROfessionals, LLC 4350 Highway 66, Longmont, CO 80503 Situs Location: 23043 County Road 42, LaSalle, CO 80645 Request: A Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility(including Class I composting),an animal waste recycling or processing facility(an anaerobic digester-based renewable energy plant(gas))along with a concrete batch plant to be used for construction of the facility in the A (Agricultural) Zone District. Legal Description: Part of the SE4 of Section 25, T4N, R65W of the 6th P.M., Weld County, CO Location: /z mile south of County Road 42 and Yz mile east of County Road 47 Size of Parcel: 80 +/-acres Parcel Number: 1055 25 000007 SUMMARY: The application proposes a renewable energy plant in which cattle manure,food wastes, livestock processing wastes are placed into an air tight vessel where microbes digest the materials and create methane and carbon dioxide which is captured, processed and injected into a natural gas pipeline.Another bi product of this process will be a high grade compost material that can be used in agriculture, landscaping, gardening... 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 22-2-20 A. A.Goal 1. Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture. • 5. A.Policy 1.5. Support and entice agriculturally related businesses and processing USR-1704- Heartland Renewable Energy, LLC Page 3 • facilities. • A. AW.Goal 1. Human and environmental health impacts from agricultural waste should be minimized by appropriate handling, storage and processing practices. A. AE.Goal 1. Support and encourage research, development and use of alternative energy resources. The proposed use will convert agricultural and food wastes into gas and composting material. This facility essentially will recycle existing wastes generating by existing agricultural and agricultural related facilities in Weld County into reusable components (fuel (methane gas) and soil amendment material). B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural) Zone District. Sections 23-3-40 A.12, 23-3-40 B.12, and 23-3-40 I. of the Weld County Code provides for Solid Waste Disposal sites and facilities, Animal waste recycling or processing facilities and concrete batch plants 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 proposed facility is located on an existing parcel with 6 existing gas wells and two tank batteries. The site is located in a rural area consisting of dryland parcels, rural residential parcels and irrigated agricultural land to the west of the site. The two nearest residences are located approximately %.to the west and approximately 1/3 of mile to the east of the site. The applicant is proposing to place the facility on the interior of the existing parcel allowing additional distance from properties to the east and west. Proposed Conditions of Approval and Development Standards such as submittal of a lighting plan and screening plan to mitigate the impacts of the use for • compatibility with the 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 does not lie within the three mile referral area of any municipality and/or county. E. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County Code. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is classified as"Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 USR-1704 - Heartland Renewable Energy, LLC Page 4 r 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. The plat scale shall be amended to either 1" = 100' or 1" = 200'. (Department of Planning Services) B. All sheets of the plat shall be labeled USR-1704. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Lighting Plan. (Department of Planning Services) 3) The approved Screening Plan. (Department of Planning Services) 4) The applicant shall upgrade/pave the site entrance to WCR 49 for a distance of approximately 300 feet west or 100 feet with two back to back cattle guards, adequate turning radius, and stop sign. This shall be indicated on the plat. (Department of Public Works) • 5) County Road 49 is classified by the County as an Arterial Roadway, which required a 140-foot right-of-way at full build out. There is presently an 80-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of setback in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. (Department of Public Works) 6) The boundaries of USR-1741 shall be amended to include the access road and (at a minimum) all properties to the south of the access road within the USR-1741 boundary. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in their referral response dated May 27, 2010. The applicant shall address the following prior to recording the plat: Improvements Agreement and Collateral 1. The applicant shall enter into an improvements agreement according to Policy Regarding Collateral for Improvements. 2. Public Works will require a right acceleration and right deceleration lane be constructed on WCR 49 when traffic volumes meet the triggers of 25vph turning right into the facility during a peak hour and 50vph during right out of the facility during the peak hour. This requirement will be included in the Improvements Agreement. Prior to the start of construction of the auxiliary lanes, final construction drawings will be required to be reviewed and accepted by Public Works. • USR-1704 - Heartland Renewable Energy, LLC Page 5 • • • Drainage Report: 1. A final drainage report addressing all items in the preliminary and final drainage report checklists shall be submitted. The final drainage report shall be signed, stamped, and dated by a licensed professional engineer registered to practice in the State of Colorado. The final drainage report shall address the redline comments that have been returned to the applicant's engineer. The final drainage report shall incorporate the April 22, 2010 addendum to the preliminary drainage report. 2. Included with the final drainage report, the applicant shall submit a letter addressed to David Bauer, Weld County Engineer, requesting a variance to the Weld County Drainage Code regarding retention ponds. The letter shall include the following: a. A statement the request is not precedent setting and the applicant's engineer realizes as such b. The letter shall list all reasons for needing a variance including but not limited to: i. State of Colorado CDPHE requirements H. the fact that the adjacent land is owned by the applicant and the applicant does not object to potential stormwater releases from the retention pond Hi. The current land use is agricultural and urban type development is not expected in the vicinity. iv. Any other reasons that the applicant and applicant's engineer feel are needed to justify the variance request. 3. Final Construction drawings must be submitted for review and acceptance by Public Works. 4. The applicant shall provide evidence from the Division of Water Resources stating whether a substitute supply plan will be required to cover the capture and re-use of • stormwater runoff into the retention pond. (Department of Public Works) E. The applicant shall enter into an improvements agreement according to Policy Regarding Collateral for Improvements and post adequate collateral. The agreement and form of collateral shall be submitted for and reviewed by the Departments of Planning Services and Public Works and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. (Departments of Public Works and Planning Services) F. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The Lighting Plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting requirements in accordance with Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) G. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. The screening plan shall address screening of the facility from the nearest residences and adjacent public rights-of-way. (Department of Planning Services) H. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately • incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can USR-1704 - Heartland Renewable Energy, LLC Page 6 be delineated on the plat in accordance with the State requirements as an attempt to • mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) The applicant shall address the requirements of the Colorado Division of Water Resources as stated in their referral received May 3, 2010. Written evidence of such shall be provided to the Department of Planning Services. (Colorado Division of Water Resources) J. Conditions of the Colorado Department of Public Health and Environment's April 7, 2010 recommendation of approval letter shall be addressed. (Department of Public Health & Environment) K. Prior to construction, Heartland Renewable Energy (HRE) shall submit to the Division and Weld County for review and approval, a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications, and construction drawings. The documents shall be submitted at least sixty (60) calendar days prior to commencement of construction. (Department of Public Health & Environment) L. The facility shall demonstrate that they have filed Air Pollutant Emission Notices (APEN) for all emissions points, including the filing of an APEN as an odorous source, and obtained all required Construction Permits from the Colorado Dept. of Public Health and Environment's Air Pollution Control Division, as required by Colorado Air Quality Control Commissions Regulation Number 3. Evidence of such shall be submitted in writing to the Weld County Department of Public Health and Environment. (Department of Public Health & Environment) M. A fugitive particulate emissions control plan (dust control plan) shall be submitted and • approved by the Weld County Dept. of Public Health & Environment. (Department of Public Health & Environment) N. The applicant shall submit a deed encompassing the boundaries of the entire Use by Special Review Permit including the proposed access road (off of County Road 49) and all property to the south of the boundaries of the access road. (Department of Planning Services) O. 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. Prior to the Release of Building Permits/Grading Permits: • A. All building plans shall be submitted to the LaSalle Fire Department for review and approval prior to issue of building permits. (Department of Building Inspection) USR-1704 - Heartland Renewable Energy, LLC Page 7 • • • B. 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. The applicant shall be required to obtain a grading permit. The grading permit application shall include the erosion and sediment control plan, proposed grading plan, typical installation details of all BMPs to be utilized, installation and maintenance notes for all BMPs to be utilized. Please note that early grading permits will not be issued until collateral is posted and the plat has been recorded. (Department of Public Works) D. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a construction stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Evidence of the CDPHE approval shall be included with the grading permit application. (Department of Public Works) E. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment, Water Quality Control Division, to cover stormwater discharges from construction sites (5 CCR-1002- 61). Alternatively, the applicant can provide evidence from CDPHE that they are not subject to CDPHE's requirements. (Department of Public Works) 4. Prior to Start of Construction: • A. Final Construction Drawings for onsite and offsite road/access improvements, grading improvements and drainage improvements shall be reviewed and approved by the Department of Public Works. (Department of Public Works) 5. Prior to Certificate of Occupancy: A. Following construction, HRE shall submit to the Division and Weld County for review and approval a construction certification report, which includes construction record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth in the CQA/QC Plan. The construction certification report shall be submitted at least sixty (60) days prior to acceptance of feedstock. (Department of Public Health & Environment) 6. Prior to Operation: A. Entrance Improvements: 1. The applicant shall upgrade/pave the site entrance to WCR 49 for a distance of approximately 300 feet west or 100 feet with two back to back cattle guards, adequate turning radius, and stop sign. The depth of the asphalt and base are to be determined by a geotechnical report that is to be provided with the final construction drawings that are to be reviewed and accepted by Public Works prior to the start of construction activities. (Department of Public Works) 2. The remaining on-site gravel surface west of the entrance pavement shall be an all-weather surface. The all-weather surface shall be recycled asphalt, or • equivalent, and shall provide adequate traffic and dust control throughout the facility. The access road section shall be built to accommodate heavy hauling USR-1704 - Heartland Renewable Energy, LLC Page 8 • • trucks, fire and emergency response vehicles and accommodate two-way traffic. • (Department of Public Works) B. Traffic Study: 1. The applicant shall install 60' radius curves at the site access to accommodate large trucks turning at the site entrance. The 60' radius curves shall be shown on the final construction drawings that will be reviewed and accepted by Public Works prior to the start of construction activities. (Department of Public Works) 2. Public Works requires that a left acceleration and deceleration lanes to mitigate for: • Public safety-The 85th percentile is 71 mph on WCR 49 and there have been 5 accidents in the past 3 yrs with 1 injury. *The heavy trucks in use at this facility will require longer acceleration and deceleration times and lengths as compared to passenger vehicles. • For consistency-Similar projects in the County have had the requirement for acceleration and decelerations lanes. Numerous facilities on WCR 49 with similar traffic volumes have installed auxiliary lanes including Semcrude, Lonestar, and High Plains. • Final construction drawings will be required to be reviewed and accepted by Public Works prior to the start of construction activities. (Department of Public Works) • S USR-1704- Heartland Renewable Energy, LLC Page 9 • • SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HEARTLAND RENEWABLE ENERGY, LLC USR-1704 1. A Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digester-based renewable energy plant (gas)) along with a concrete batch plant to be used for construction of the facility in the A(Agricultural) Zone District. 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. Pursuant to Chapter 15, Articles I and II 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. (Department of Public Works) 4. The maximum number of employees employed at the site shall be thirty (30). (Department of Planning Services) 5. The hours of operation will be 24 hours a day 7 days a week. Hauling will occur primarily during daylight hours. (Department of Planning Services) 6. The property owner or operator shall comply with the applicable sections of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) and be constructed, operated and monitored as detailed in the application materials and conditions detailed the Colorado Dept. of Public health and Environment's April 7, 2010 Design & Operations Plan • approval letter. (Department of Public Health & Environment) 7. Following construction, HRE shall submit to the Division and Weld County for review and approval a construction certification report, which includes construction record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth in the CQA/QC Plan. The construction certification report shall be submitted at least sixty (60) days prior to acceptance of feedstock. (Department of Public Health & Environment) 8. Volume records shall be maintained, which include waste material received, wastes processed, solid waste shipped for disposal, material shipped for sale or disposal, and the amounts of biogas produced or flared including tail gas destructed. An annual report shall be submitted to the Weld County Department of Public Health & Environment and the Colorado Department of Public Health and Environment (CDPHE) Hazardous Materials and Waste Management Division by May first of each year. (Department of Public Health & Environment) 9. The facility shall receive and process only those materials that are described in the approved Design & Operations Plan. Currently Type 1 and Type 2 feedstock are approved for acceptance. The Weld County Dept. of Planning Services, Weld County Dept. of Public Health & Environment, and the Colorado Dept. of Public Health & Environment shall be notified in writing of any additional materials proposed for processing. Written approval to proceed with processing shall be obtained prior to acceptance. (Department of Public Health & Environment) 10. The property owner or facility operator shall notify the Weld County Department of Public Health & Environment, Department of Planning Services and the Colorado Department of Public Health and Environment in the event of any deviations from or proposed changes to the facilities Design & Operations Plan. (Department of Public Health & Environment) • 11. The Colorado Department of Public Health & Environment, Weld County Department of Public Health & Environment and the public shall be provided with notification in the event of temporary or permanent closure. Upon closure, the facility shall follow the closure plan portion of their • approved Design & Operations Plan. (Department of Public Health & Environment) 12. The Solids Dewatering Building (structure number 50 from D&O Plan) shall be used as the "soil amendment delivery building"during the initial 90 days of production. The facility intends to apply for a waiver from the requirement to construct a low permeability work pad. If the waiver request is denied, then Heartland Renewable Energy(HRE) shall continue to use the Solids Dewatering Building for storage of soil amendment, or HRE shall construct low permeability work pads in the areas designated on the plans as "soil amendment storage." Should low permeability work pads become necessary, the design details, and any necessary revisions to the CQA/QC Plan must be submitted to the Division and Weld County for review and approval prior to construction of any low permeability work pads. (Department of Public Health & Environment) 13. No permanent disposal of wastes shall be permitted at this site. Any liquid waste, solid waste, and agricultural wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 14. The facility shall comply with their approved groundwater monitoring plan. Changes in approved feedstock may require revisions to the groundwater testing requirements and constituents analyzed. (Department of Public Health & Environment) 15. The facility shall be constructed, maintained, and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health & Environment) 16. All below ground structures shall be double lined and equipped with a leak detection system. Records of leak detection systems operation, maintenance, and observations shall be kept and made available upon request. (Department of Public Health & Environment) • 17. Above ground waste receiving, storage, and processing tanks shall have impermeable secondary containment. The volume retained by the secondary containment shall be at least 110% of the volume of the largest tank inside the containment. (Department of Public Health & Environment) 18. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. (Department of Public Health & Environment) 19. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations and comply with any permits issued by the Air Pollution Control Division. (Department of Public Health & Environment) 20. Exhaust removal systems shall be installed when necessary for enclosed areas and dust producing processes and equipment. Visible stack emissions from exhaust removal, material processing, and any combustion source shall not exceed 20% opacity (measured in accordance with EPA Reference Method 9). There shall be no visible emissions from any building openings (measured in accordance with EPA Reference Method 22). (Department of Public Health & Environment) 21. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor detected off site shall not exceed the level of seven-to-one (7:1) dilution threshold. (Department of Public Health & Environment) 22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health & Environment) 23. An individual sewage disposal system (I.S.D.S.) is required to dispose of sewage from the facility. • Any I.S.D.S. on the property shall be permitted, installed, maintained and operated in compliance with Weld County Code pertaining to I.S.D.S. No process wastewater may be disposed of in this system. (Department of Public Health & Environment) • • • 24. Process wastewater(such as floor drain wastes) and laboratory wastewater shall not be disposed of through the facilities I.S.D.S. These wastes shall be collected and disposed of in accordance with the Colorado Water Quality Division and U.S. Environmental Protection Agency regulations. (Department of Public Health & Environment) 25. The facility shall comply with the Colorado Dept. of Labor and Employment Division of Oil and Public Safety's Storage Tank Regulations (7 CCR 1101-14). Secondary containment shall also be required for any container holding fuel or oil with a volume greater than 50 gallons. The volume retained by the secondary containment shall be at least 110% of the volume of the largest tank inside the containment. Alternative protective measures may be allowed for regulated tanks, provided they comply with the storage tank regulations. A copy of any Spill Prevention, Control and Countermeasure Plans shall be provided to the Weld County Department of Public Health and Environment. (Department of Public Health & Environment) 26. There shall be no discharge of process wastewater or collected stormwater off property, except those discharges allowed by the Colorado Dept. of Public Health & Environment's Water Quality Control Division and/or a Colorado Discharge Permit System (CDPS) discharge permit. (Department of Public Health & Environment) 27. The applicant shall obtain stormwater discharge permit coverage for construction activities from the CDPHE Water Quality Control Division. (Department of Public Health & Environment) 28. The facility shall be operated and maintained in a manner to prevent nuisance conditions from the attraction, breeding and emergence of birds, rodents, insects and other vectors. Additional control measures shall be implemented at the request of the Weld County Department of Public Health & Environment (Department of Public Health & Environment) • 29. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 30. Waste materials, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health & Environment) 31. This facility shall comply with the health laws, standards, rules, and regulations of the CDPHE's Hazardous Materials and Waste Management Division, Water Quality Control Division, and Air Pollution Control Division. The facility shall also comply with all local laws, ordinances, and Certificate of Designation conditions. (Department of Public Health & Environment) 32. 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; 2006 International Residential Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas and Energy Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 33. 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) • 34. All building plans shall be submitted to the LaSalle Fire Department for review and approval prior to issue of building permits. (Department of Building Inspection) • • 35. The Screening on site shall be maintained in accordance with the approved Screening Plan. • (Department of Planning Services) 36. Sources of light shall be shielded so that light rays will not shine directly onto Adjacent properties where such would cause a nuisance or interfere with the Use on the Adjacent properties; and Neither 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) 37. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County wide Road Impact Fee Program. (Department of Planning Services) 38. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage impact fee. (Ordinance 2005-8 Section 5-8-40) 39. 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) 40. 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) 41. 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) 42. Personnel from Weld County Government 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 • Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 43. 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 be filed in the office of the Department of Planning Services. (Department of Planning Services) 44. 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) • • DEPARTMENT OF PLANNING SERVICES 1555 N 178h AVE GREELEY, CO 80631 tiompf ‘p PHONE: (970)353 (9(970) Ext. 6498 FM: 70)304-6498 COLORADO June 21,2010 Heartland Renewable Energy, LLC c/o Tim Naylor AGPROfessionals, LLC 4350 Hwy 66 Longmont CO 80504 Subject: USR-1704-A Site Specific Development Plan and Use by Special Review Permit for a Solid Waste Disposal Site and Facility (including Class I composting, an animal waste recycling or processing facility (an anaerobic digester-based renewable energy plant—gas)), along with a concrete batch plant to be used for construction of the facility in the A(Agricultural)Zone District on a parcel of land described as Part SE4 of Section 25, T4N, R65W of the 6th P.M.,Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 6, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 108" Street, Greeley, Colorado. A subsequent hearing will be held on July 21, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, 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.co.weld.co.us/departments/Planning/Pla nningDepartment/index If you have any questions concerning this matter,please call. Respectfully, /� Digitally signed by Kristine Ranslem „1 (� ^, _Wr- ocation am the author of this document (vim 54�i7z YWII. Location:1555 N Ave • Date:2010.06.21 15:54:54-06'00' Chris Gathman Planner • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 6/26/2010 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, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1704 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign (>1A7/0 Signature of Person Posting Sign STATE OF COLORADO ss. 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A `� /1,1 f • 4.1 tit ill I - '0 ` • I`'� 1 `/ t. i1 ' • . y• i ;ea'''. 1 • �• •r •••c• ` 1 - - • # I_ a ,, ► rile' !' • • • • • • is • 1 a if / l.. . i I. i �1 • I ' • ! ), f _. •'. , • • • • I I , I I lit 1`r • ;t► ;, , : • f •ri i, I • ,\ • 1 1 ■f1 1 � I' � I J i I , r " / • i ii _ Ifs i. .,♦ 'i t' 1 ‘ ' 4 '^ • r d ti I�r 7. _ it i -- _ . . . i.•� _ , - ` • 1. 0. . / } , ;. , - • i ,i Niel- � . �.ryr ?,:_ , ii V , \ ' ! • • 1 \\1•4�. l • '‘ 4 ` / i, ' - . - - ' .' \ ;. � . ti .5 1 1 . - 1 I I . . - .'' r ':``,, _ \,. // • • • FIELD CHECK inspection dates: 6/25/2010 APPLICANT: Heartland Renewable Energy, LLC CASE #: USR-1704 REQUEST: A Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility(including Class I composting),an animal waste recycling or processing facility(an anaerobic digester-based renewable energy plant(gas))along with a concrete batch plant to be used for construction of the facility in the A (Agricultural) Zone District LEGAL: Part of the SE4 of Section 25, T4N, R65W of the 6th P.M., Weld County, CO LOCATION: '/2 mile south of County Road 42 and 1/4 mile west of County Road 49 PARCEL ID #: 1055 25 000007 ACRES: +/-80 acres Zoning Land Use N A N Vacant land E A E Ag/Rural residential S A S Vacant land W A W Ag/Rural residential • COMMENTS: .Dryland parcel that slopes from east to west from County Road 49. Several existing oil & gas improvements on the property. Chris Gathman - Planner III • • • • :‘, DEPARTMENT OF PLANNING SERVICES 1555 N 17`b AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 WADe. COLORADO April 27, 2010 Heartland Renewable Energy, LLC do Tim Naylor AGPROfessionals, LLC 4350 Highway 66 Longmont CO 80504 Subject: USR-1704- Request for a Site Specific Development Plan and Use by Special Review Permit for a solid waste disposal site and facility (including Class I composting, an animal waste recycling or processing facility (an anaerobic digester-based renewable energy plant (gas)) along with a concrete batch plant to be used for construction of the facility in the A (Agricultural) Zone District on a parcel of land described as Part SE4 of Section 25, T4N, R65W 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. If you have any questions concerning this application, please call. Respectfully, Digitally signed by Kristine Ranslem Reason.ea m N theauthorof this document Loc snn: 17551 Ave Date:2010.04.7713:18:50-060'' Chris Gathman Planner • Kristine Ranslem rom: Kristine Ranslem .nt: Tuesday, April 27, 2010 2:33 PM o: 'Tim Naylor' Subject: Case USR-1704 Attachments: usr1704 amended request.pdf Please see the attached letter. KrLsti.we RIP ASLevu. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 tiro� APPLICATION LONG FLOW SHEET II • APPLICANT: Heartland Renewable Energy, LLC CASE#: USR-1704 REQUEST: A Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility (including Class I composting, an animal waste recycling or processing facility (an anaerobic digester-based renewable energy plant(gas)) along with a concrete batch plant to be used for construction of the facility in the A (Agricultural) Zone District. LEGAL: Part of the SE4 of Section 25, T4N, R65W of the 6th P.M., Weld County, CO LOCATION: /z mile south of County Road 42 and '/: mile east of County Road 47 PARCEL ID#: 105525000007 ACRES: +/-80 To be completed by Planner: Date By Application Received/Completed 4/21/2010 CG PC Hearing Action: Utility Board Date Design Review Date Application Complete and Sent to Office Tech • PC Sign to be Posted By: Field Check and Sign Posted CC Hearing Action: CC Sign to be Posted By: CC Sign Posted To be completed by Office Tech: Date (Sent) Date (Due) By Referrals Certified Mail to: Letter to Applicant Chaindexed Surrounding Property/Mineral Owners Notified Date Legal Notice Sent to County Newspaper Date Legal Notice to be Published in County Newspaper File Completed and given to Planner To be completed by CAD Tech: Date By Plat Recorded and Filed • Overlay Districts Zoning Agricultural Geologic Yes_ No_X_ Airport Yes_ No_X_ Flood Hazard Yes No_X_ Panel#080266 Hello