HomeMy WebLinkAbout20101534.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
• FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: NA
Legal Description: East 1/2 of the Southeast Y. of Section 25, Township 4 North, Range 65 West of the 6th Meridian.
Flood Plain:None Zone District:A (Agricultural) Total Acreage:80 Acreage for USR:80
Overlay District:None Geological Hazard: None
FEE OWNER(S) OF THE PROPERTY:
Name: Shelton Land and Cattle, Ltd.
Phone: (970)284-7784
Address: 23043 WCR 42
City/State/Zip Code: LaSalle, Colorado 80645
APPLICANT:
Name: Heartland Renewable Energy, LLC
Phone: (303)485-0600
Address: 2400 Trade Center Avenue, Suite 201
City/State/Zip Code: Longmont, Colorado 80503
• AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Tim Naylor, AGPROfessionals, LLC
Address: 4350 Highway 66, Longmont, CO 80504
Phone: (970) 535-9318. Email: tnaylor@agpros.com
PROPOSED USE:
Heartland Renewable Energy, LLC is proposing to design, permit, build, and operate an anaerobic digester-based
renewable energy plant for the primary purpose of producing pipeline grade natural gas from cattle manure and
other organic waste streams.
I (We)hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that
the signatory has to legal authority to sign for the corporation.
I/ O EXHIBIT
%atur Owner oorized Agent ate
• v use . r
2010-1534
• A,`i '� A a\44i`F tr% ;iF) V/ ' � C '�;�'
Design&Operations Plan Submittal to CDPH&E May 15,2009
Financial Assurance
D&O Completeness Review June 15,2009
D&O 3rd Revision Submittal February 24,2010
CDPH&E Approval of D&0 March 10,2010
Weld County BOCC Hearing for CD April 21,2010
Use by Special Review:Permiat Yr1,h., as ` tv.``' t ' " `t''`t a a ti ' ''
Submit Application (4 packets)&Pre-App meeting April 21,2009
Resubmit Complete Application with County Revisions May 26,2009
Resubmit Complete Application with updates and revisions March 5,2010
• Planning&Zoning Commission Hearing May 4,2010
BOCC Hearing-USR May 19,2010
5torm`water Construction,-Permit
Submit Permit Application May 19,2010
Digester Construction
Digester Construction -Grading July 1,2010
Digester Construction-Structures, Etc. 45 days prior to construction
Building Fennit(s), 't'$€ ,+ ,, `4...!'!kr-tgitic,trtiMirVA,
Submit Grading Permit Application May 19,2010
Submit Foundation Permit Application 45 days prior to construction
Submit Electric Permit Application 45 days prior to construction
Submit Building Construction Permit Application 45 days prior to construction
Temporary Building Permit for Construction Office 45 days prior to construction
Sir Permit(s� ,Constructio
• Submit APEN Construction Permit Application 180 days prior to construction
Submit APEN-Flare 180 days prior to construction
Submit APEN- H2S Scrubber 180 days prior to construction
Submit APEN-any other equipment as necessary 180 days prior to construction
��
AGPRO
• Y;x COMPLETE LAND & RESOURCE SOLUTIONS
March 10, 2009
To Whom It May Concern
I have contracted with AGPROfessionals, LLC to process all work related to a Site Specific
Development Plan and Use by Special Review application to be filed in Weld County.
AGPROfessionals, LLC is authorized to represent Heartland Renewable Energy, LLC
throughout this process.
Sincerely,
ezt
George How Illat b-Ieartland Renewable Energy, LLC
• ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66❑Longmont,CO 80504
970.535.9318/ office 970.535.9854/fax www.agpros.com
AGPROe r'f
• ' „ ® COMPLETE LAND & RESOURCE SOLUTIONS
April 1, 2009
To Whom It May Concern
I have contracted with AGPROfessionals, LLC to process all work related to a Site Specific
Development Plan and Use by Special Review application to be filed in Weld County.
AGPROfessionals, LLC is authorized to represent Shelton Land & Cattle, Ltd. throughout this
process.
Sincerely,
Ron E. Shelton, V.P., Shelton Land & Cattle, Ltd.
•
• ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 1 Longmont,CO 80504
970.535.9318/ office 970.535.9854/fax i www.agpros.com
• SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If
a question does not pertain to your use, please respond with "not applicable", with an
explanation as to why the question is not applicable.
1. Explain, in detail, the proposed use of the property.
Heartland Renewable Energy, LLC is proposing to design,permit, build, and operate an
anaerobic digester-based renewable energy plant for the primary purpose of producing
pipeline grade natural gas from cattle manure and other organic waste streams.
This renewable energy gas production plant will use anaerobic digester technology that
converts organic waste (cattle manure,food wastes, livestock processing, etc.) into a methane-
rich gas which will be scrubbed of impurities and then injected into a natural gas pipeline. The
plant will use technology in which organic feed stocks are placed in an air tight vessel where
naturally occurring microbes digest the feedstock and create methane and carbon dioxide
which is captured and processed. Anaerobic digestion is the most common method of treating
sanitary waste and are in operation in almost all major U.S. cities
• In addition to generating a needed domestic energy source, the gas production plant will have
other significant benefits including:
• Producing high grade compost which can be used in agriculture, land reclamation,
landscaping, golf courses, gardening, greenhouses, erosion prevention and mitigation.
• Capturing carbon dioxide which is a "greenhouse gas"for use in medical applications,
welding, refrigeration and other uses.
• By using cattle manure,food wastes and other organic wastes as feed stocks, the digester
facility will help preclude release of pollutants to the environment.
In conjunction with the Use by Special Review application, a Design and Operations Plan has
been prepared pursuant to the Colorado Regulations Pertaining to Solid Waste Disposal Sites
and Facilities 6-CCR 1007-2, Section 14 for Class 1 composting facilities and Section 11 for
Waste-to-Energy facilities. A copy of the Design and Operations Plan is included in the USR
application packet.
During construction of the digester facility, a concrete batch plant will be operated on-site for
all concrete structures including digester units, building foundations, and slabs and is critical
to the construction of the digesters with stringent concrete batch specifications . All applicable
permits for the operation of the concrete batch plant will be obtained prior to the start of
construction. The concrete batch plant will be utilized for the construction of the digestion
facility and will be removed upon completion of the facility.
•
• 2. Explain how this proposal is consistent with the intent of the Weld County Code,
Chapter 22 (Comprehensive Ran).
Section 22-2-20 G. A.Goal 7. "County land use regulations should protect the individual
property owner's right to request a land use change."
1. A. Policy 7.1 "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."
2. A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and
industrial uses should be accommodated when the subject site is in an area that can support
such development, and should attempt to be compatible with the region.
The proposed use is consistent with the Weld County Comprehensive Plan's support of
agricultural activities by offering farm-related services that are not currently available in the
agricultural industry of Weld County. The anaerobic digester facility is directly related to or
dependent upon agriculture through the procurement of organic waste material. The proposed
site is not located within a flood hazard zone, a geologic hazard zone or airport overlay zone.
The property use is necessary in Weld County to preserve the agricultural economic base
historically attributed to the area.
Sec. 22-4-200. A. AWGoal1. Human and environmental health impacts from agricultural
• waste should be minimized by appropriate handling, storage and processing practices.
1. AW.Policy 1.1. The County encourages the composting of agricultural waste.
2. AW.Policy 1.2. The County encourages the incorporation of"best management practices"
when managing agricultural waste. (Weld County Code Ordinance 2002-6; Weld County
Code Ordinance 2008-13)
The proposed use is consistent with the Weld County Comprehensive Plan by minimizing the
human and environmental health impacts from agricultural waste through the use anaerobic
digester technology that converts organic waste (cattle manure, food wastes, livestock
processing waste, etc.) into a methane-rich gas which will be scrubbed of impurities and then
injected into a natural gas pipeline. A by-product of the digestion process is a high grade soil
amendment product with uses similar to compost. The County encourages the incorporation of
"best management practices" when managing agricultural waste and the cutting edge
technology to be used at this facility is will capture carbon dioxide which is a "greenhouse
gas"and help preclude release of other pollutants to the environment.
3. Explain how this proposal is consistent with the intent of the Weld County Code,
Chapter 23 (Zoning) and the zone district in which it is located.
Sec. 23-3-40. Uses by special review.
•
• The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and
maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the
requirements and procedures set forth in Article II,Division 4 of this Chapter.
B. Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, includes:
12. Animal waste recycling or processing facilities.
This proposal is allowed in the Ag Zone as a Use by Special Review as called in Chapter 23,
23-3-40 B.12. Animal waste recycling or processing facility. The proposal is for the processing
of agricultural and food waste. Public health, safety and welfare are protected through
adherence to applicable county, state and federal regulations and conditions of this permit.
R. Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the
CONLVIERCIAL or industrial zone districts,provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions. PUD development proposals shall not be permitted to use the special review
permit process to develop.
This proposal is allowed in the Ag Zone as a Use by Special Review as called in Chapter 23,
23-3-40 R. This facility would also be allowed as a USE by Special Review in the industrial
zone district. The property is not in an approved or recorded subdivision plat or lots parts of a
• map or plan filed prior to adoption of any regulations controlling subdivisions.
4. What types of uses surround the site? Explain how the proposed use is consistent
and compatible with surrounding land uses.
The surrounding area has multiple uses including production agriculture, dairying,feedlots,
and oil and gas production. Shelton Dairy, Timmerman Feeding Corporation-LaSalle, Horton
Feed Yard-LaSalle and Butterball are located in close proximity to the site along with
Colorado State lands,farm ground,pasture, and rural residential. The site has been planned
and the facility sited to maximize setbacks and topography for the least impact to surrounding
uses. This site also allows the facility to take advantage of the dairy and feedlot facility's
locations for the availability of manure and effluent water feed stocks.
5. Describe, in detail, the following:
a. How many people will use this site?
There will be 6-8 employees per shift and 3 shifts per day using the site plus several
owners and vendors on site periodically. There will be approximately 70-90 trucks
servicing the facility on a daily basis
• b. How many employees are proposed to be employed at this site?
• There will be 24-30 employees to allow for appropriate shift coverage and time off.
c. What are the hours of operation?
The facility will operate 24 hours per day, 365 days per year with three shifts per day.
d. What type and how many structures will be erected (built) on this site?
There will be a total of 24 in-ground anaerobic digesters, approximately 8 above
ground tanks, 6 wastewater ponds, and approximately 12 buildings including a manure
receiving building, fats, oils, and grease (FOG) waste building, slaughter waste and
food waste building, Anaerobic digester effluent pump building, various food waste and
manure storage structures, a gas processing building, a solids dewatering building,
water storage ponds, wastewater treatment facility, a biogas treatment facility, an office
building, scale and a gas compressor building.
e. What type and how many animals, if any, will be on this site?
No animals will be on this site.
f. What kind (type, size, weight) of vehicles will access this site and how often?
• Typical vehicles accessing this site include semi-tractor/trailers and tankers, employee
vehicles, vendors, and process-related equipment. The usage is as follows:
Semi-tractors and trailers and tankers- 70-90 loads per day
Employees -18-24 per day, 6-8 per shift
Service Venders and Visitors-1-2 per day
g. Who will provide fire protection to the site?
LaSalle Fire Protection District.
h. What is the water source on the property? (Both domestic and process).
Domestic/Potable:A commercial well permit has been approved and a Central Weld
County Water District tap is available.
Process/Commercial: Process and makeup water will be from adjacent or local dairies
and feedlots and will also be contained in many of the feed stocks delivered to the
facility.
What is the sewage disposal system on the property? (Existing and proposed).
•
• The proposed sewage disposal system for the property will be a commercial septic
system to handle the sanitary requirements for the above mentioned employees and
truck drivers as required by the Weld County Department of Public Health and
Environment septic regulations.
j. If storage or warehousing is proposed, what type of items will be stored?
All feed stocks will be delivered,processed and conveyed through the system and placed
in above ground steel tanks for storage as in process material.
The digesters will be covered with gas impermeable covers and contain the biogas that
is generated during the anaerobic digestion of the biomass in the digester. No finished
natural gas will be stored at the facility.
A series of ponds will be constructed for storage of raw effluent from the offsite waste
generators, on-site clarifiers, filtrate from the water treatment process and treated
water from the water treatment facility.
The high grade compost (solid byproduct) will be finished and stored within the
containment of the soil amendment area.
• 6. Explain the proposed landscaping for the site. The landscaping shall be separately
submitted as a landscape plan map as part of the application submittal.
There is no landscaping planned at this time. Careful site selection and design maximizes
setbacks and natural topography for the least impact to the surrounding uses.
7. Explain any proposed reclamation procedures when termination of the Use by Special
Review activity occurs.
A closure plan and financial assurance are mandated by the Colorado Regulations Pertaining
to Solid Waste Disposal Sites and Facilities 6-CCR 1007-2. These are included in the Design
and Operation Plan for the facility
8. Explain how the storm water drainage will be handled on the site.
Storm water drainage is mandated by the Colorado Regulations Pertaining to Solid Waste
Disposal Sites and Facilities 6-CCR 1007-2, Section 14.3.1. (B) and is outlined in the Design
and Operation Plan for the facility. A Storm Water Management Plan will be submitted to
Public Works prior to grading.
9. Explain how long it will take to construct this site and when construction and
landscaping is scheduled to begin.
•
• Construction will begin as soon as possible upon approval of the Use by Special Review permit
and Design and Operation Plan. The construction and start-up will be in phases and is
anticipated to be completed in approximately 2 years.
10. Explain where storage and/or stockpile of wastes will occur on this site.
All refuse will be contained in dumpsters and picked up by a contracted refuse company. All
storage and stockpiles of organic waste identified in the Design and Operation Plan for
processing are stored in vessels or tanks as shown on the plans.
•
•
•
File contains CD of digital
application materials
•
Please see Original File
•
Financial Assurance
Developed in accordance with Colorado Solid Waste Regulations,
6CCR 1007-2 Sections 1.8
For
Heartland Renewable Energy, LLC
SE '/4 of Section 25 T4N R65W
Operated by Colorado Green,LLC
A subsidiary of heartland Renewable Energy, LLC
A
PRO
•
Prepared by
AGPROfessionals, LLC
4350 Highway 66
Longmont, CO 80504
(970) 535-9318
April 2009, Original
September 16, 2009 Revision # 2
February 19, 2010 Revision # 3
•
AGFROk ,,,I LLC
HRE Financial Assurance
March 9,2010
• Page-2-of5
Heartland Renewable Energy, LLC Financial Assurance
This letter outlines the estimated cost for closure and post-closure care of the Heartland Renewable
Energy, LLC (HRE) facility and was conducted in accordance with Colorado Department of Public
Health and Environment(CDPH&E) 6CCR 1007-2 Sections 1.8,14.8, and 14.9.
Due to economic and market conditions it may be necessary for HRE to suspend operation of the
facility. At such time that operations are suspended, the Closure Plan shall be implemented.
In the event that it becomes necessary to suspend operation of the facility including the discontinued
receipt, processing and sale of materials for more than 180 days, or otherwise approved by CDPH&E,
HRE shall notify CDPH&E and Weld County and begin the implementation of the Closure Plan in
accordance with 6 CCR 1007-2 Sec. 14.8.2 to maintain safe environmental conditions. HRE shall
provide CDPH&E and Weld County written notification within fourteen (14) calendar days of
commencing the implementation of the Closure Plan in accordance with 6 CCR 1007-2 Sec. 14.8.4.
HRE shall provide CDPH&E and Weld County written notification within thirty(30) calendar days
documenting that all of the requirements and conditions of the Closure Plan have been achieved in
accordance with 6 CCR 1007-2 Sec. 14.8.5. Following the closure of the facility a notation shall be
placed on the property deed notifying any potential purchaser that the property has been used as a
• composting facility in accordance with 6 CCR 1007-2 Sec. 14.8.6.
The following closure tasks shall be completed within ninety (90) days unless an extension is granted
by CDPH&E and Weld County. This extension request would be necessary if the closure will take
more than ninety (90) days for HRE to complete all necessary measures to prevent threats to human
health and the environment.
Closure:
Removal of Residual Materials from Facility
All stored raw materials including manure, FOG, and food waste will be used in the digestion process
to completion. All digester activity will continue until the flow process is completed and the digesters
are empty. The HRE site has a capacity of 248,200 tons per year of total finished compost material. All
of the finished material shall be marketed and sold until removed. All finished compost shall be
removed from the site within 90 days unless prior written authorization is given by Weld County and
CDPH&E.
Removal of Residual Materials from Digesters and Storage Tanks
After all digester processing activities have been completed, each digester vessel and all storage and
process vessels shall be cleaned of any environmental hazards. The cleaning process will include
washing the walls, floors, and any mechanical apparatus within the vessel with a high pressure water
• system or a high volume water system, and the residual wash water will be pumped to the effluent
FIRE Financial Assurance
March 9,2010
• Page-3-of5
storage pond. The digester covers will be maintained for a period of five(5)years following the
temporary shut-down of the facility.
Removal of Compost Debris from Surface Soils in Windrow Areas
All finished compost debris material will be removed from surface soils.
Storm Water Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond
During the closure process, water contained in the Effluent Storage Pond will be utilized as fluid for
the digestion process. Any water remaining in the Effluent Storage Pond upon completion of all
digestion processes will be pumped to the Wastewater Water Treatment System and transferred to the
dilution water pond. All water contained in the Dilution Water Pond will be utilized for the digestion
process and during the cleanup of the facility, or may be utilized for site reclamation as permitted for,
and outlined in, the facility's discharge permits. All water remaining in the Stormwater Pond after
facility closure will be used for land application, both within the facility, or on third-party land
application sites as permitted for, and outlined in, the facility's discharge permit(s).
The ponds and pond liners will be maintained for a period of five (5) years following the temporary
shut-down of the facility. Maintenance will include periodic dewatering of storm water from each pond
and maintenance of the pond liner integrity.
• Post Closure Care and Maintenance:
At the end of the five (5) year temporary shut-down the facility will be permanently closed. The
following procedures will be followed to complete the permanent closure.
Storm Water Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond
Following the de-watering of all impoundments, the respective synthetic liners will be removed and
disposed of in an approved sanitary landfill. The excavated area of each impoundment will be
backfilled with existing native soil and graded to blend into the topography of the surrounding area to
prevent ponding of stormwatcr.
Re-Seeding of Disturbed Surface Area
The surface area of the facility's tillable acres will be ripped once to loosen the soil and then disked
once to break up clods and smooth the surface to produce a seed bed. The ripping and disking of the
soil will remove the"hard pan" layer, a thick, compacted layer of soil that develops and hardens over
time. The loosened soil shall be used for re-vegetation of the site.
The compacted clay surface area will be disked to produce a seedbed. A dryland grass mix, including
winter rye or oats cover crop will be cross-drilled into the seedbed. Cross drilling is a method used to
incorporate the seed in which the seeds are drilled into the soil in two different directions.
•
HRE Financial Assurance
March 9,2010
Page-4-of5
•
Removal of the Digesters
At the end of this five year period, if permanent facility closure is eminent, the digesters will be
crushed by adding soil to the bottom of the vessel and pushing the end and side walls in on each other.
The crushed digester will then be filled with existing native soil stockpiled on site during construction.
Additional soil will be placed above the crushed digesters to a thickness of 1.5 feet. The placed soil
will be graded to prevent any ponding of stormwater.
Following permanent closure of the facility, HRE shall conduct post-closure care in accordance with 6
CCR 1007-2 Sec. 14.9.1 by monitoring the site. FIRE shall inspect and maintain the ground cover and
vegetation indicated in the Closure Plan and shall submit an annual report to CDPH&E and Weld
County detailing post-closure care activities during the prior year. In conjunction with the post-closure
care, FIRE will maintain the facility to meet the Use by Special Review and Weld County development
standards including building and facility maintenance, weed control and facility security.
The post-closure care and maintenance period shall be for a minimum of five (5) years unless HRE,
after consultation with CDPH&E, demonstrates that the reduced period is sufficient to protect human
health and the environment in accordance with 6 CCR 1007-2 Sec. 14.9.2.
In accordance with 6 CCR 1007-2 Sec. 14.9.3 following completion of the post-closure care period
HRE shall submit a certification signed by an independent Colorado registered professional engineer
for approval by CDPH&E and Weld County verifying that post-closure care has been completed in
accordance with the post-closure plan and has been placed in the operating record.
•
HRE Financial Assurance
March 9,2010
• Page-5-of5
Estimated Costs for Closure Plan
Task Unit Cost # of Units Total Cost
Closure Costs
Operation cost to finish Daily $8000 30 $240,000
digestion process
Digester cleaning** sludge Gallons $0.06 2,472,704 $148,362
wash down and removal
Storage Tank cleaning** Gallons $0.06 199,844 $11,990
sludge wash down&removal
Pond cleaning and haul*** Cubic yards $12.92 30,204 $390,250
Pond cleaning and haul*** Gallons $0.06 15,000 $900
Post-Closure Costs
Rip hard pan with subsoiler or Acre $14 40,4x $2,800
dozer*
40,Ix
x
Disk with tractor* Acre $10 80 $800• Cross drill seed* Acre $11 80 $880
Seed* Acre $52 20,2X $2,080
Removal and disposal of Square Footage $0.15 260,000 $39,000
pond liners
Earthwork to fill and grade Cubic yards $3.60 80,000 $288,000
ponds
Earthwork to crush and fill Each $58,610 8 $470,500
Digesters***
Facility Maintenance Yearly $20,000 10 $200,000
Total $1,795,562
*Source from Colorado State University's Agriculture Business Management 2006 Custom Rates Sec 4.No.4.5.
**These costs are based on current estimates from two professional environmental services companies for planning
estimates.
***These costs are based on RS Means Heavy Construction Cost Data 2007 Edition
Any income derived from the off-take of the gas or sale of soil amendment during the closure process shall be credited to
the Heartland Renewable Energy,LLC Financial Assurance program.
• This financial analysis shall be updated every 5 years or as needed,in accordance with the Design and Operation plan.
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