HomeMy WebLinkAbout20040500.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1276 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY
(COMPOSTING FACILITY) IN THE A(AGRICULTURAL) ZONE DISTRICT -STROMO,
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 24th day of
March,2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Stromo, LLC, do John Moser and Tim Smith, 6600 West 20th Street, Suite 11,
Greeley, Colorado 80634, for a Site Specific Development Plan and Amended Use by Special
Review Permit #1276 for a Solid Waste Disposal Site and Facility (composting facility) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the W1/2 of the SW1/4 of Section 26,
Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504, at said hearing, 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 recommendations 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not effect the productivity of the site.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1276 - STROMO, LLC
PAGE 2
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.B.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.
e. Section 23-2-230.8.5 --The site does not lie within any Overlay Districts.
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.
g. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval,and Development Standards ensure that there are
adequate provisions for the protection of 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 Stromo, LLC, c/o John Moser and Tim Smith, for a Site
Specific Development Plan and Amended Use by Special Review Permit#1276 for a Solid Waste
Disposal Site and Facility(composting facility)in the A(Agricultural)Zone District on the parcel of
land described above be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit shall
be adopted and placed on the Use by Special Review Plat prior to recording the plat.
The completed plat shall be delivered to the Department of Planning Services and
be ready for recording in the Weld County Clerk and Recorder's Office within 30
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall enter into an agreement with any oil and gas mineral
owners or lessees to address any concerns, or submit evidence that
reasonable efforts have been made to address those concerns.
Documentation of such shall be submitted to the Department of Planning
Services.
B. If any work associated with this project requires the placement of dredge or
fill material, and any excavation associated with a dredged or fill project,
either temporary or permanent, in waters of the United States which may
include ephemeral, intermittent and perennial streams, lakes, ponds, or
wetlands at this site, a proponent of the project shall notify the Army Corps
of Engineers for proper Department of the Army permits or changes in
permit requirements pursuant to Section 404 of the Clean Water Act.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1276 - STROMO, LLC
PAGE 3
C. The facility shall provide evidence to the Weld County Department of Public
Health and Environment and Colorado Department of Public Health and
Environment that an appropriate financial assurance mechanism has been
secured in accordance with the Regulations Pertaining to Solid Waste
Disposal Sites and Facilities(6 WCR 1007-2)Evidence that the appropriate
financial assurance mechanism has been obtained shall be submitted to the
Department of Planning Services.
D. A comprehensive Wastewater Management Plan for the collection and land
application of stormwater, leachate, and truck wash wastewater shall be
submitted to the Weld County Department of Public Health and Environment
and Colorado Department of Public Health and Environment for review and
approval.
E. The plat shall be amended to delineate the following:
1. The applicant shall indicate on the plat the 30 feet of existing
right-of-way on the west and south section lines adjacent to the
Stromo property.
3. Upon completion of Conditions of Approval #1 and #2 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 thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
4. 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, Arcinfo
Coverages and Arcinfo Export files format type is .e00. The preferred format for
images is .tif(Group 4). (Group 6 is not acceptable). The digital file may be sent to
maps@co.weld.co.us.
5. 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.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1276 - STROMO, LLC
PAGE 4
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
� !'Tilf / A_L ` WE,6� BOUNTY, COLORADO
R_�O
ATTEST: ����)�� _ ®� �O,if(i�—,tr- l� Alt!'
4.00N Robert D. Masden, Chair
Weld County Clerk to tlir � ........
cs h William H. rke, Pro-Tem
BY: G " ti . to-� Ito,-
t �1
Deputy Clerk to the B.:r
1 It M. eile
'7
APP�OV@D AS TO FO M
C David E. Long
--- --a---- ---'7------7 1
Aounty Attorney
Glenn Vaad
Date of signature: �//
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STROMO, LLC
AMUSR #1276
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1276 is
fora Solid Waste Disposal Site and Facility(composting facility)in the A(Agricultural)Zone
District, as indicated in the application materials on file and 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. The hours of operation for the facility are the hours of day light,except in the case of public
or private emergency or to make necessary repairs to equipment.
4. The access road adjacent to the section line shall be graded and drained to provide an
all-weather access to the facility. Additional gravel shall be placed as needed.
5. No new stormwater ponds or structures shall be placed on the rights-of-way adjacent to any
section lines as of March 24, 2004.
6. A tracking pad shall be installed at the entrance to Weld County Road 30 (Weld County
Road 45 section line)south for approximately 50 feet to accommodate two-way traffic,and
it shall incorporate 2.5-inch diameter rock.
7. An individual sewage disposal system is required for any future structure that would require
a septic system and shall be installed according to the Weld County Individual Sewage
Disposal Regulations. A vault system shall be acceptable. If a vault is installed, pumping
records shall be kept for review. A portable toilet facility shall be provided and maintained
on site until such time as a permanent Individual Sewage Disposal System is installed.
8. The facility shall comply with the health laws, standards, rules, and regulations of the
Colorado Department of Public Health and Environment, the Water Quality Control
Commission,the Air Pollution Control Division,and all applicable local laws and ordinances.
9. If during the operational activities of this facility information is revealed that changes the
currently held concept of the site,the Hazardous Materials and Waste Management Division
of the Colorado Department of Public Health and Environment may request modifications
to the Design and Operations Plan. In addition, regulatory changes that the Colorado
Department of Public Health and Environment may implement in the future may also
become binding and necessitate modifications to the Design and Operations Plan.
10. The facility shall comply with the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities (6 WCR 1007-2) promulgated pursuant to the Solid Waste Act, Section 30,
Article 20, Part 1, C.R.S.
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11. All raw, uncomposted Type I stockpiles shall be placed in windrows within 72 hours upon
receipt at the facility. In the event processing units, other than windrows, are to be
incorporated at the site,a detailed description of the unit and processing requirements shall
be provided to the Weld County Health Department for review and approval. The description
shall include literature and other examples that demonstrate the unit is an effective
composting process.
12. All Class II or III feedstock shall be placed in windrows immediately upon receipt at the
facility.
13. Prior to the acceptance of Type III feedstock types:
a) The facility shall provide evidence to the Weld County Department of Public Health
and Environment,and Colorado Departments of Public Health and Environment that
the facility is accepting biosolids in compliance with requirements necessary in
Colorado State Biosolids Regulation, No. 64 (5 CCR 1002-64).
b) A typical mixing pad design shall be submitted to the Weld County Department of
Public Health and Environment, and Colorado Department of Public Health and
Environment for review and approval. At a minimum, the design will describe, in
detail, the construction of the pad, the thickness of liner, method of lining, liner
permeability, pad maintenance, storm water control, etc., prior to construction.
c) An amended Ground Water Monitoring Plan shall be submitted to the Weld County
Department of Public Health and Environment,and Colorado Department of Public
Health and Environment for review and approval. The plan shall include adequate
background groundwater data,in the uppermost saturated interval; in the event that
sampling data indicate that a release or impact may have occurred from operations
at the facility. The plan shall include additional monitoring parameters consistent
with the materials that are brought onto the site. Evidence of the approved plan shall
be submitted to the Department of Planning Services. The plan shall include
applicable analytical parameters that will be monitored, and other applicable
procedures and methods necessary to detect an impact from the operation of the
facility.
14. The facility shall receive and process only those materials that are described in the facilities
approved Design and Operations Plan prepared by Agpro Environmental Services, LLC,
dated December 23, 2003. The Weld County Department of Public Health and
Environment,Weld County Department of Planning Services,and the Colorado Department
of Public Health and Environment shall be notified in writing of any additional materials
proposed for composting. Written approval to proceed with composting shall be obtained
from the Weld County Department of Public Health and Environment and Colorado
Department of Public Health and Environment prior to receipt of the new material.
Submitted information shall include operational procedures and storage procedures.
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15. The facility shall be operated in a manner to control fugitive dust in accordance with its
approved Design and Operations Plan. Additional dust abatement measures shall be
implemented at the request of the Weld County Department of Public Health and
Environment in the event it is determined that dust is a nuisance condition.
16. The facility shall be operated in a manner to control flies in accordance with its approved
Design and Operations Plan. Additional fly control measures shall be implemented at the
request of the Weld County Department of Public Health and Environment in the event that
flies are in such a number to be considered a nuisance condition. The plan shall also be
implemented in the event the Weld County Department of Public Health and Environment
receives a significant number of fly complaints associated with the facility and, in the
judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
17. The facility shall be operated in a manner that controls odor in accordance with its approved
Design and Operations Plan. Odors detected off site shall not equal or exceed the level of
fifteen-to-one dilution threshold,as measured pursuant to Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional odor abatement measures shall be implemented
at the request of the Weld County Department of Public Health and Environment in the event
odor levels detected off site meet or exceed the level of fifteen-to-one dilution threshold or,
in the judgement of the Weld County Health Officer,there exists an odor condition requiring
abatement.
18. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103, C.R.S.
19. The Use by Special Review Permit site and facility shall be operated in compliance with any
required Air Emission Permit approved by the Air Pollution Control Division of the Colorado
Department of Public Health and the Environment.
20. No permanent disposal of wastes shall be permitted at this site. Any solid waste,as defined
in the regulations pertaining to Solid Waste Disposal Sites and Facilities (6 WCR 1007-2),
received or generated at the site must be removed and disposed at an approved sanitary
landfill.
21. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
22. The facility shall receive and process only those materials that are described in the
submitted application materials. The Weld County Departments of Public Health and
Environment and Planning Services, and the Colorado Department of Public Health and
Environment shall be notified in writing of any additional materials proposed for composting.
Written approval to proceed with composting shall be obtained from the Weld County
Department of Public Health and Environment and Colorado Department of Public Health
and Environment prior to receipt of the new material. Submitted information shall include
operational procedures and storage procedures.
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23. A metal sign shall be posted at the facility entrance. The sign shall be a minimum of three
feet in width and four feet in length. The sign shall state the following:
a) Name of operation;
b) Type of facility;
c) Emergency phone numbers of the facility operator.
24. The facility shall comply with the Colorado Water Quality Control Commission Biosolids
Regulations (5 CCR 1002-64).
25. Any vehicle washing area(s) shall capture all effluent and prevent discharges from tire
washing and the washing of vehicles in accordance with the Weld County Code,the Rules
and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
26. The facility shall manage wastewater in accordance with its approved Wastewater
Management Plan.
27. The facility shall have adequate equipment to dewater the retention structure. Adequate
storage capacity shall be maintained within the retention structure to ensure runoff from a
twenty-five year, twenty-four hour storm event will be contained.
28. The facility shall maintain a gauge indicating the depth of wastewater and storm runoff within
the retention structure. The gauge shall also indicate the depth at which pumping will be
necessary to contain runoff from a twenty-five year, twenty-four our storm event.
29. The facility shall comply with the approved Groundwater Monitoring Plan.
30. Any bulk liquids or semi-solids that are stored on the site shall be stored in containers that
comply with the Underground Storage Tank and Above Ground Storage Tank Regulations
(7 WCR 1101-14) or in containers that have received the written approval of the Weld
County Department of Public Health and Environment. This is not meant to include those
liquids or semi-solids that have been incorporated into the composting process.
31. The mixing pad shall be constructed in accordance with the typical mixing pad design
that has been reviewed and approved by the Weld County Department of Public Health
and Environment and the Colorado Department of Public Health and Environment.
Evidence shall be submitted to the Weld County and Colorado Department of Public
Health and Environment prior to the use of each mixing pad that demonstrates the pad
was constructed in accordance with the approved mixing pad design.
32. Prior to construction, a truck tire wash pit design shall be submitted to the Weld County
Department of Public Health and Environment and Colorado Departments of Public
Health and Environment for review and approval. At a minimum, the design will describe,
in detail, the construction of the wash pit, storm water control, wash pit maintenance,
overflow prevention, and conveyance structures to the retention structure.
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33. All construction shall be in compliance with Chapter 29 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. 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.
37. 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.
38. 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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