HomeMy WebLinkAbout20012685.tiff HEARING CERTIFICATION
DOCKET NO. 2001-63
RE: SITE SPECIFIC DEVELOPMENT PLAN AND 3RD AMENDED USE BY SPECIAL REVIEW
PERMIT #248 FOR A SOLID WASTE DISPOSAL FACILITY (COAL ASH BURIAL
PROJECT) IN THE A(AGRICULTURAL) ZONE DISTRICT -VARRA COMPANIES, INC.
A public hearing was conducted on September 19, 2001, at 10:00 a.m.,with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 31, 2001, and duly published September 5,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Varra Companies, Inc., for a Site Specific Development Plan and 3rd Amended Use by Special
Review Permit #248 for a Solid Waste Disposal Facility (coal ash burial project) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Julie Chester, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the record
as written. Ms. Chester stated a Certificate of Designation will be considered on conjunction with
this request; however, it will not be heard until October 10, 2001, due to notification requirements.
Ms. Chester gave a brief description of the location of the site, and stated eleven referral agencies
responded with proposed conditions. She further stated one letter was received from the attorneys
representing mineral owners in the area, and their concerns have been addressed through the
Conditions of Approval. She submitted an E-Mail received from Patina Oil and Gas, marked
Exhibit G, indicating no objection, and she reviewed the reasons for approval as indicated in the
Planning Commission Resolution. Ms. Chester explained Special Use Permit #248 and later
amended in 1985 to include additional mining area. The second amendment was continued
indefinitely before the Planning Commission, and this current request has been processed as the
third amendment, although the second amendment had never been completed. Ms. Chester
suggested a new Condition of Approval be added to require the vacation of the second amendment
application prior to recording the third amended plat. Ms. Chester gave a brief description of the
proposed use, and stated the Certificate of Designation will not be allowed unless the Use by
Special Review is approved. She reviewed the surrounding uses, and stated the applicant is
required to have a Well Monitoring Plan reviewed by both the State and County Health
Departments. She stated the Town of Firestone did not respond to the referral request and the
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Town of Mead indicated no conflicts. Ms. Chester stated the application proposes to place 400
tons of fly ash into a trench,which is considered development in the flood plain. She stated a Flood
Hazard Permit will be required if the trench is found to be located in the flood plain. She further
stated no other structures are being proposed; however, they will still need to contact the Building
Inspection Department for instruction. Ms. Chester submitted an E-Mail from Steven Jeffers
indicating concerns of the St. Vrain and Left Hand Water Conservancy Districts, marked Exhibit
H. In response to Commissioner Jerke, Ms. Chester stated the gravel pit is approved and in place,
and the ash pilot project will only affect a portion of the reclamation area. She further stated the
project will be monitored for two months and if the results are favorable, then they will proceed.
Responding to Chair Geile, Ms. Chester stated the fly ash will be hauled in over a two-week period,
and if this becomes a permanent process, the applicant will have to update the existing
improvements agreement.
TrevorJiricek,Weld County Department of Public Health and Environment, stated the continuance
of the project will be based on groundwater monitoring results over time. He stated this is an
experimental project, and the length of the project will be determined by the results received over
time. Don Carroll, Department of Public Works,stated there is an existing maintenance agreement
with Varra Companies, and if the project is successful, they will require an updated agreement to
cover the haul routes and additional truck traffic. Mr. Jiricek reiterated consideration of this project
began in 1998, and various agencies have spent a significant amount of time researching the
proposal to ensure this is a feasible project. In response to Chair Geile, Mr. Jiricek stated the role
of the Weld County Department of Public Health and Environment is for evaluation only. He
explained the samples will be done by a third party contractor. In response to Commissioner
Masden, Mr. Jiricek stated the State and County Health Departments will both be monitoring the
reports and data received from the tests. Ms. Chester indicated the location of the trench. Mr.
Jiricek stated the trench will not be lined; however, it will receive rigorous monitoring through a
series of wells located down-gradient. In response to Commissioner Long, Mr. Jiricek stated the
project will be discontinued if test results exceed groundwater standards at specific points. He
further stated the applicant has financial assurances in place to cover the cost of removing the
materials if necessary. Responding to Commissioner Vaad, Ms. Chester read a portion of the
E-mail from Steven Jeffers, marked Exhibit H,for the record. In response to Commissioner Vaad,
Mr. Jiricek stated this project is being conducted in the saturated portion of the aquifer and it will
be monitored. He stated if there is a negative impact, it will likely be minor and caught very quickly.
He further stated the second issue discussed in the letter, is not being proposed and therefore does
not need to be addressed. He stated this is a test project and before it will be allowed long-term,
the applicant will have to permit the permanent project. In response to Commissioner Long, Mr.
Jiricek stated if a minimal amount of contaminants are found, the applicant will not likely be
required to remove the materials; however, serious concerns will require immediate remedial
actions.
Joby Adams, Colorado Groundwater Resource Services, represented the applicant and stated he
evaluates gravel quarry reclamation projects. He explained two years of research have already
been conducted prior to this request, and this is the only one of its kind under review in the country.
Mr. Adams stated the U.S. Department of Energy is funding a portion of the project to see if it will
work. He further stated this is a well-documented project under research by the local and State
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Health Departments, as well as the Colorado Geological Survey. Mr. Adams gave a brief review
of the research conducted, and stated this is a pilot study, with site specific information at this
location,with the certain ash types. Mr.Adams stated the pilot project will be conducted for a year,
with monthly and quarterly monitoring. He reiterated if disturbing conditions are discovered,
remedial action will be taken; however, if it is successful, other agencies have expressed interest
in researching the project further. In response to Commissioner Jerke, Mr. Joby stated typically
mining pits are refilled with excess mining materials, overburden, recycled asphalt, or water.
Responding to Commissioner Vaad, Mr. Joby reviewed the two types of coal ash generated and
how they react when mixed with water. He explained the ash proposed for this site has self
hardening properties, and it is more likely that water in the aquifer will bypass the ash, rather than
pass through it.
Roger Doak, Colorado Department of Public Health and Environment, stated the site is currently
permitted for mining and reclamation, which allows for certain materials when reclaiming the site.
Mr. Doak stated the use of recycled asphalt will need to be determined by the State. Mr. Jiricek
stated the applicant is allowed to use inert materials, including asphalt fragments; however, he is
not certain what portion that involves. Responding further to Commissioner Vaad, Mr. Adams
stated they could conduct a study on the ash after one year to determine what type of load bearing
it can handle if proposed for a building site. (Switched to Tape #2001-39.) In response to
Commissioner Long, Mr.Adams stated the first studies showed the initial concentrations were the
highest and then the amounts decreased. He gave a brief description of the physical properties
of the ash and how it reacts with other particles, and stated a bond help by Varra Companies will
be submitted to Colorado Department of Public Health and Environment State Health. The bond
covers removal of ash, if necessary, and two years of monitoring after removal. If further
remediation actions are required, Varra Companies will be required to cover the cost. Mr. Adams
stated if the ash must be removed, it will come out in block form, which will make it easier to haul
away.
Responding to Chair Geile, Mr. Adams stated if this proves to be a viable operation, the source of
ash will continue to be from the Cherokee Power Plant supplied by Excel Energy. He further stated
any variation in the ash supply will have to go through a similar monitoring process before allowed
on a consistent basis. Mr.Adams stated the Cherokee Power Plant is located north of Denver,and
the coal comes from Gillette, Wyoming fields. He further stated the site specific qualities of the fly
ash from the various power plant sites will be studied prior to use. In response to Chair Geile, Mr.
Adams stated he and the applicant have reviewed and agree with the Conditions of Approval. Mr.
Carroll stated Condition of Approval #3.H regarding an amended Road Maintenance and
Improvements Agreement was deleted at the Planning Commission hearing. He explained they
will deal with the Improvements Agreement if this proposal comes back as a long-term project.
Responding to Chair Geile, Ms. Chester stated this has been processed as the Third Amendment
and the applicant will need to withdraw the Second Amendment application. Mr.Adams stated they
will submit information verifying the project does not lie in the flood plain. Ms. Chester stated she
would like to keep the condition in the Resolution rather than removing it prior to receipt of the
documentation. In response to Commissioner Long, Mr.Jiricek stated the criteria for extending the
project beyond a year is subject to the groundwater monitoring results, and he requested a note
be added to the plat to indicate the project is allowed for a minimum of a year, and is then subject
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to evaluation.
No public testimony was offered concerning this matter. Commissioner Jerke expressed concern
regarding water quality in the area regardless of the monitoring. He stated it would be better if the
site were not located near a river. He further stated gravel pits are good for water storage and
augmentation for local irrigation, and they provide a secondary use for water that does not have
to be cleaned before reentering the river. He stated he would prefer that gravel pits continue to be
used for water storage rather than storing coal ash. Commissioner Vaad commented the mining
operator should have the option of using the pits in an economically feasible way, whether it be
water storage or as coal ash fills. He stated there has been a systematic approach to monitoring
this project, there is an opportunity to quickly remove the product if necessary, this is a viable
research project, the Federal government is interested in the outcome, and he feels the health,
safety, and welfare of Weld County citizens will be protected.
Commissioner Vaad moved to approve the request of Varra Companies, Inc., for a Site Specific
Development Plan and 3rd Amended Use by Special Review Permit #248 for a Solid Waste
Disposal Facility (coal ash burial project) in the A (Agricultural) Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. He stated this is approval of an
experimental project, not filling the entire gravel pit. The motion was seconded by Commissioner
Masden. Commissioner Long stated this is a viable project, there is an ability to monitor the
impacts, and it provides another land use option for the property owner. Chair Geile commented
there is not a lot of documentation in this area, and it would be beneficial to research. He stated
it may provide another option for use of the land once the mining is complete, the monitoring will
continue beyond the first year, and he is satisfied there is a plan to remove the materials
immediately if necessary. Commissioner Masden commented he concurs with the comments
made by the other Board members and the concerns expressed regarding the need for
augmentation; however, he feels this is a good experimental project that will be dealing with a
material that needs to be placed somewhere. Commissioner Masden stated there appears to be
several other governmental agencies which will be monitoring the results of this project, and the
materials will be removed if necessary. Upon a call for the vote, the motion carried with
Commissioner Jerke opposed. There being no further discussion, the hearing was completed
at 11:10 a.m.
(Clerk's Note: Ms. Chester requested the Board add a condition requiring the applicant to withdraw
the application for Second Amended Use by Special Review Permit#248 prior to recording the plat
for the Third Amendment. The motion made by the Board inadvertently left out that request.
Condition of Approval#2.J has been added to resolve the situation and clear any inconsistencies.)
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This Certification was approved on the 24th day of September 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�gal/ I/ �'�
'' _ATTEST: 1 EXCUSED DATE OF APPROVAL
rv�,o •
Weld County Clerk to th /> � � _,� ���
BY: Glenn Vaad, Pro-
Deputy Clerk to the Boar ����'�
Willi-"y . Jerke
TAPE #2001-38 and #2001-39
DOCKET#2001-63 )i\Nt
Robert D. Masden
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EXHIBIT INVENTORY CONTROL SHEET
Case#3RD AMENDED USR#248 -VARRA COMPANIES, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 08/21/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Surface Damage Agreement (09/13/2001)
F. Planning Staff Photos of sign posted on site
G. Planning Staff E-mail from Patina Oil and Gas indicating
no objections (09/19/2001)
H. Planning Staff E-mail from Steven Jeffers expressing
concerns (09/18/2001)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF SEPTEMBER, 2001:
DOCKET#2001-62 - MOBILE PREMIX CONCRETE, INC.
DOCKET#2001-63 -VARRA COMPANIES, INC.
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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