HomeMy WebLinkAbout20101530.tiff RESOLUTION
RE: APPROVE 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
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day
of July, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Shelton Land and Cattle, Ltd., 23043 County Road 42, LaSalle,
Colorado 80645, and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue,
Suite 201, Longmont, Colorado 80503, for a Site Specific Development Plan and Use by
Special Review Permit#1704 for a Solid Waste Disposal Site and Facility (including Class I
composting, an animal waste recycling or processing facility [an anaerobic digester-based
renewable energy plant—gas]), along with a Concrete Batch Plant to be used for construction of
the facility, in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Part of the SE1/4 of Section 25, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Tom Haren,
AGPROfessionals, 4350 State Highway 66, Longmont, Colorado 80504, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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Section 22-2-20.A (A.Goal 1) states, "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." Section 22-2-20.A.5 (A.Policy 1.5) states, "Support and
entice agriculturally related businesses and processing facilities."
Section 22-4-200.A (AW.Goal 1) states, "Human and environmental
health impacts from agricultural waste should be minimized by
appropriate handling, storage and processing practices."
Section 22-5-140.A (AE.Goal 1) states, "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 will essentially recycle existing wastes
generated by existing agricultural and agricultural-related facilities in Weld
County into reusable components (fuel [methane gas] and soil
amendment material).
b. Section 23-2-230.B.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 23-3-40.1 of the Weld County Code provide 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 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed facility
is located on a parcel with six (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 one-quarter
mile to the west and approximately one-third mile to the east of the site.
The applicant is proposing to locate the facility on the interior of the
existing parcel, allowing additional distance from properties to the east
and west. The proposed Conditions of Approval and Development
Standards, including the submittal of a Lighting Plan, will mitigate the
impacts of the use for compatibility with the surrounding land uses.
d. Section 23-2-230.8.4 -- 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 23-2-230.8.5 -- The application complies with Chapter 23,
Article V, 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-Wide Road Impact Fee Program. Effective
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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 Programs.
f. Section 23-2-230.B.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 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application 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, including the Certificate of Designation on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. The plat scale shall be amended to either 1" = 100'
or 1" = 200'.
B. All sheets of the plat shall be labeled USR-1704.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Lighting Plan.
3) The applicant shall upgrade/pave the site entrance from County
Road 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.
4) County Road 49 is classified by the County as an arterial
roadway, which requires 140 feet of right-of-way at full buildout.
There is presently 80 feet of right-of-way. This road is maintained
by Weld County. Pursuant to the definition of setback in the Weld
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County Code, the required setback is measured from the future
right-of-way line.
5) The boundaries of USR-1704 shall be amended to include the
access road and, at a minimum, all properties to the south of the
access road within the USR-1704 boundary.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated May 27, 2010. The applicant shall address the following items,
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 and
post adequate collateral. The agreement and form of collateral
shall be submitted to, 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.
2) 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.
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
Colorado registered professional engineer. The Final Drainage
Report shall address the redline comments which 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 the Weld County Engineer, requesting a
variance to the Weld County Drainage Code, regarding retention
ponds. The letter shall include the following:
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a) A statement that 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) Colorado Department of Public Health and
Environment requirements.
ii) 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 to the Department
of Public Works, for review and acceptance.
4) The applicant shall provide evidence from the Colorado Division of
Water Resources (CDWR), stating whether a substitute supply
plan will be required to cover the capture and re-use of stormwater
runoff into the retention pond.
E. 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 listed within Section 23-4-30.E of the Weld
County Code, and shall adhere to the lighting requirements in accordance
with Sections 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.
F. 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.
G. The applicant shall address the requirements of the Colorado Division of
Water Resources (CDWR), as stated in the referral received May 3, 2010.
Written evidence of such shall be provided to the Department of Planning
Services.
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H. The Conditions within the recommendation of approval letter from the
Colorado Department of Public Health and Environment (CDPHE), dated
April 7, 2010, shall be addressed.
Prior to construction, Heartland Renewable Energy shall submit a
Construction Quality Assurance and Quality Control Plan ("CQA/QC
Plan"), technical specifications, and construction drawings, to the Weld
County Department of Public Health and Environment, and the CDPHE,
Hazardous Materials and Waste Management Division. The documents
shall be submitted at least sixty (60) calendar days prior to
commencement of construction.
J. The facility shall demonstrate that an Air Pollutant Emission Notice
(A.P.E.N.) has been filed for all emissions points, including the filing of an
A.P.E.N. as an odorous source, and that it has obtained all required
Construction Permits from the CDPHE, Air Pollution Control Division, as
required by Colorado Air Quality Control Commission Regulation
Number 3. Evidence of such shall be submitted, in writing, to the Weld
County Department of Public Health and Environment.
K. A fugitive particulate emissions control plan (Dust Control Plan) shall be
submitted to, and approved by, the Weld County Department of Public
Health and Environment.
L. The applicant shall submit a deed encompassing the boundaries of the
entire USR Permit, including the proposed access road (off of County
Road 49) and all property to the south of the boundaries of the access
road.
M. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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 one
hundred eighty (180) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
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(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
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 issuance of building permits.
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. The applicant shall include a Code
Analysis Data sheet from the Weld County Department of Building
Inspection, for each structure which 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.
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 Best Management
Practices (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.
D. In the event that one (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 CDPHE, Water
Quality Control Division. Evidence of CDPHE approval shall be included
with the grading permit application.
E. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) permit from the CDPHE, Water Quality Control Division,
to cover the stormwater discharges from construction sites (5 CCR-1002-
61). Alternately, the applicant may provide evidence from the CDPHE
that they are not subject to CDPHE's requirements.
5. Prior to Start of Construction:
A. Final Construction Drawings for on-site and off-site road/access
improvements, grading improvements, and drainage improvements shall
be reviewed and approved by the Department of Public Works.
6. Prior to Certificate of Occupancy:
A. Following construction, Heartland Renewable Energy shall submit to
Weld County and the CDPHE, Hazardous Materials and Waste
Management Division, for review and approval, a construction certification
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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.
7. Prior to Operation:
A. Entrance Improvements:
1) The applicant shall upgrade/pave the site entrance from County
Road 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 to be provided with the final
construction drawings which shall be reviewed and accepted by
the Department of Public Works prior to the start of construction
activities.
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 the equivalent, and shall
provide adequate traffic and dust control throughout the facility.
The access road section shall be built to accommodate heavy
hauling trucks, fire and emergency response vehicles, and shall
accommodate two-way traffic.
B. Traffic Study:
1) The applicant shall install 60-foot radius curves at the site access
to accommodate large trucks turning at the site entrance. The
60-foot radius curves shall be shown on the final construction
drawings which will be reviewed and accepted by the Department
of Public Works, prior to the start of construction activities.
2) The Department of Public Works requires the construction of a left
acceleration lane and left deceleration lane to mitigate:
i) Public safety - The 85th percentile of traffic on County
Road 49 travels at a speed of 71 miles per hour and there
have been five (5) accidents within the past three (3)
years, with one (1) injury. The heavy trucks in use at this
facility will require longer acceleration and deceleration
times and lengths as compared to passenger vehicles.
ii) For consistency - Similar projects in the County have had
the requirement for acceleration and decelerations lanes.
Numerous facilities on County Road 49 with similar traffic
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SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND
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volumes have installed auxiliary lanes, including
Semcrude, Lonestar, and High Plains.
hi) Final construction drawings will be required to be reviewed
and accepted by the Department of Public Works, prior to
the start of construction activities.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
i�� WELD COUNTY, COLORADO
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Weld County Clerk to the B'' 1861
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Dep Clerk t t e Board
l Sean P. Conway
APPR D AS M: EXCUSED C.
Will F. G rcia
my Attorney C__C-Le0
David E. Long
Date of signature: gig ho
2010-1530
PL2072
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHELTON LAND AND CATTLE, LTD.
HEARTLAND RENEWABLE ENERGY, LLC
USR-1704
1. A Site Specific Development Plan and Use by Special Review Permit #1704 is 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, and is subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
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.
4. The maximum number of employees employed at the site shall be thirty (30), per shift.
5. The hours of operation will be 24 hours per day, 7 days per week. Hauling will occur
primarily during daylight hours.
6. The property owner or operator shall comply with the applicable sections of the
regulations pertaining to the Solid Waste Disposal Sites and Facilities Act
(6 CCR 1007-2) and the facility shall be constructed, operated, and monitored as
detailed in the application materials and conditions listed in the Design and Operations
Plan approval letter, dated April 7, 2010, from the Colorado Department of Public health
and Environment (CDPHE).
7. Following construction, Heartland Renewable Energy shall submit 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, to the CDPHE, Hazardous Materials and Waste Management Division,
and the Weld County Department of Public Health and Environment. The construction
certification report shall be submitted at least sixty (60) days prior to acceptance of
feedstock.
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 and
Environment and the CDPHE, Hazardous Materials and Waste Management Division,
by May first of each year.
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DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND
RENEWABLE ENERGY, LLC (USR-1704)
PAGE 2
9. The facility shall receive and process only those materials which are described in the
approved Design and Operations Plan. Currently Type 1 and Type 2 feedstock are
approved for acceptance. The Weld County Departments of Planning Services and
Public Health and Environment, and the CDPHE shall be notified, in writing, of any
additional materials proposed for processing. Written approval to proceed with
processing shall be obtained prior to acceptance.
10. The property owner or facility operator shall notify the Weld County Departments of
Public Health and Environment and Planning Services, and the CDPHE, in the event of
any deviations from, or proposed changes to, the facility's Design and Operations Plan.
11. The CDPHE, Weld County Department of Public Health and 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 the approved Design and
Operations Plan.
12. The Solids Dewatering Building (structure number 50 from the Design and Operations
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 shall continue to use the Solids Dewatering Building for storage of soil
amendment, or Heartland 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 CDPHE, Hazardous Materials and Waste Management
Division, and the Weld County Department of Public Health and Environment, for review
and approval, prior to construction of any low permeability work pads.
13. The facility shall comply with the approved Groundwater Monitoring Plan. Changes in
approved feedstock may require revisions to the groundwater testing requirements and
constituents analyzed.
14. The facility shall be constructed, maintained, and operated to ensure that contamination
of soil and groundwater does not occur.
15. All below-ground structures shall be double-lined and equipped with a leak detection
system. Records of the leak detection system's operation, maintenance, and
observations shall be kept and made available upon request.
16. Aboveground waste receiving, storage, and processing tanks shall have secondary
containment. The volume retained by the secondary containment shall be at least 110
percent of the volume of the largest tank inside the containment.
17. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall comply with their approved particulate emissions control plan.
18. 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.
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19. 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 percent
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).
20. In accordance with the Colorado Air Quality Control Commission Regulation Number 2,
odor detected off the site shall not exceed the level of seven-to-one (7:1) dilution
threshold.
21. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
22. 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. Regulations. No
process wastewater may be disposed of in this system.
23. Process wastewater (such as floor drain wastes) and laboratory wastewater shall not be
disposed of through the facility's 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.
24. The facility shall comply with the Colorado Department of Labor and Employment,
Division of Oil and Public Safety, 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 percent 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.
25. There shall be no discharge of process wastewater or collected stormwater off the
property, except those discharges allowed by the CDPHE, Water Quality Control
Division, and/or a Colorado Discharge Permit System (CDPS) discharge permit.
26. The applicant shall obtain Stormwater Discharge Permit coverage for construction
activities from the CDPHE, Water Quality Control Division.
27. 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 and Environment.
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28. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
29. Waste materials, not specifically addressed by other Development Standards, shall be
handled, stored, and disposed of in a manner which controls fugitive dust, blowing
debris, and other potential nuisance conditions.
30. This facility shall comply with the health laws, standards, rules, and regulations of the
CDPHE, 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.
31. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have 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, 2008 National Electrical Code, and Chapter 29 of the Weld County Code.
32. 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. The
applicant shall include a Code Analysis Data sheet, from the Weld County Department of
Building Inspection, for each structure which 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.
33. All building plans shall be submitted to the LaSalle Fire Department, for review and
approval, prior to issuance of building permits.
34. 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. 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.
35. 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.
36. 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 Programs.
37. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
38. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND
RENEWABLE ENERGY, LLC (USR-1704)
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39. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
40. Weld County Government personnel 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.
41. The Use by 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.
42. 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.
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PL2072
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