HomeMy WebLinkAbout20012458.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,with the deletion of Development Standards#3H and the subsequent renumbering and the
new language for Development Standards#7, that the following resolution be introduced for passage by the Weld
County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number: 3° AmUSR-248
Planner: Julie Chester
Applicant: Varra Companies
12910 Weld County Road 13
Longmont, CO 80504
Joby Adams, Colorado Groundwater Resources Services
P.O. Box 1489
Ft. Collins, CO 80524
Request: A Site Specific Development Plan and a Special Review Permit for a Solid Waste
Disposal Facility and Certificate of Designation (Coal Ash Burial Project) in the A
(Agricultural) Zone District
Legal Description: Part of the NW4 of Section 31, Township 3 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
Location: Approximately 1/4 mile east of Weld County Road 13, one mile north of Weld
County Road 26
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. The Solid Waste Disposal Facility is for
a pilot project to determine the applicability of coal ash as a fill product for the reclamation
of gravel mining quarries. This application is an amendment to 2n°AmUSR-248, which
allows for gravel mining in the northwest quarter of Section 31, T3N, R67W of the 6th P.M.,
Weld County, Colorado. Chapter 22, the Comprehensive Plan of the Weld County Code,
Section 22-5-70 lists five Goals for Commercial/Mineral Resources. The original Special
Review Permit (USR-248) and it's subsequent amendments were found in conformance
with the Comprehensive Plan Goals and Policies for Commercial/Mineral Resources. This
proposal will conform to and remain compatible with all of the Commercial/Mineral
Resources Goals and Policies.
occur
2001-2458 lµ0
3utAmu etys
— Resolution AmUSR-248
Page 2
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.1. of the Weld County Code provides for Solid Waste
Disposal sites and facilities, subject to the additional requirements of Section 23-4-380, as
a Use by Special Review in the A (Agricultural) Zone District. This project is also directly
related to the reclamation of a gravel mining operation,which is a use permitted by Section
23-3-40.A.,in accordance with C.R.S. 30-20-100.5,a Certificate of Designation is required.
The Certificate of Designation shall not be deemed approved until or unless a Use by
Special Review Permit has been approved by the Planning Commission or the Board of
County Commissioners where required by Chapter 23 of the Weld County Code.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding land uses are primarily agricultural uses and existing
mining operations. The closest residential structure is approximately one mile to the south,
with a farm and existing structures north and adjacent to the Varra property. The applicant
is required to have a well monitoring plan, which is to be approved by both the State of
Colorado and the Weld County Department of Public Health and Environment. The
applicant has indicated that although the monitoring plan requires the monitoring wells be
placed fifty feet from the pilot project trench, indicator monitoring wells will also be located
ten to fifteen feet, approximately twenty-five feet and approximately forty feet from the
trench. The placing of the indicator monitoring wells between the fifty foot wells ensures
early detection of contaminants in the ground water. All other compatibility issues
concerning truck traffic, landscaping/buffering and dust are addressed in the Conditions of
Approval and Development Standards.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The Towns of Firestone and Mead were sent referrals for this application
on December 8, 1998 and again on July 13, 2001. The Town of Firestone did not return
their referral on either occasion and the Town of Mead indicated no conflicts with their
interests on December 15, 1998.
e. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code.
The property does lie within the 100 year flood plain, as shown on FIRM Community Panel
Map number 080266-0855C,dated September 28, 1982. Approximately four hundred tons
of fly ash will be placed in a trench measuring ten feet wide, one hundred feet long and ten
feet deep. The trench is considered development in the flood plain and a Flood Hazard
Development Permit will be required as a Condition of Approval. Effective December 1,
1999, Building Permits issued on the lot will be required to adhere to the fee structure of
the Southwest Weld Road Impact Program Area 3. No structures are being proposed,
other than the trench as described above, however, as a Condition of Approval, the
applicant shall contact Weld County's Building Inspection Department for any building
permit requirements.
Resolution 3r° AmUSR-248
Page 3
f. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property has an existing mining
permit(21 AmUSR-248)as stated previously and this proposal is a pilot project for the reclamation
of that permit. No farmground will be taken out of production for this use.
g. Section 23-2-220.A.7 --The Design Standards(Section 23-2-240, Weld County Code),Operation
Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and Development
Standards ensure that there are adequate provisions for the protection of health, safety,and welfare
of the inhabitants of the neighborhood and County.
h. Section 23-4-380-Solid waste sites and facilities or hazardous waste disposal sites supplementary
district regulations will be enforced through the Conditions of Approval and Development Standards.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,other
relevant information regarding the request, and responses from referral entities.
The Planning Commissions recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the
Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office
within 60 days of approval by the Board of County Commissioners. (Department of Planning Services)
2. Minimum of 10 Days Prior to scheduling the Board of County Commissioner's hearing:
A. The applicant shall submit,to the Weld County Department of Planning Services, either a copy of
an agreement with the property's mineral owners, stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or show evidence that an adequate attempt
has been made to mitigate the concerns of the mineral owners. (Department of Planning Services)
3. Prior to recording the plat:
A. The applicant shall submit a comprehensive site-specific ground water investigation report to the
Weld County Department of Public Health and Environment and Colorado Department of Public
Health and Environment for review and approval. Written evidence of such shall be submitted to
the Department of Planning Services. The investigation shall include, at a minimum:
- A description of the ground water flow rate,ground water flow direction including seasonal
fluctuations in ground water flow;
— A detailed description of materials comprising the uppermost aquifer including the
lithology, thickness,hydraulic conductivity,porosity and effective porosity;
- An evaluation of local ground water quality. Analytical parameters must be identical to
those from the column test. (State of Colorado and Weld County Department of Public
Health and Environment)
Resolution 3r° AmUSR-248
Page 4
B. A comprehensive site-specific ground water monitoring plan must be submitted and approved by
Weld County Department of Public Health and Environment and Colorado Department of Public
Health and Environment. At a minimum, the Plan shall address the location and purpose of all
monitoring points, monitoring frequency, monitoring parameters, analytical methods, reporting
frequencies, etc. Written evidence of such shall be submitted to the Department of Planning
Services. (Weld County Department of Public Health and Environment)
C. The applicant shall provide evidence to the Weld County Department of Public Health and
Environment that an appropriate financial assurance mechanism has been established in accordance
with The Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
Written evidence of such shall be submitted to the Department of Planning Services. (Weld County
Department of Public Health and Environment)
D. The applicant shall provide evidence that all issues described in the May 23, 2001 letter from the
Colorado Division of Minerals and Geology have been addressed. Written evidence of such shall
be submitted to the Department of Planning Services. (Weld County Department of Public Health
and Environment)
E. The applicant shall submit a plan for controlling fugitive dust during fly ash placement activities.
The plan must be reviewed and approved by the Weld County Department of Public Health and
Environment. At a minimum, the plan shall address on-site controls as well as controls that will
be implemented during hauling activities. Written evidence of such shall be submitted to the
Department of Planning Services. (Weld County Department of Public Health and Environment)
F. If applicable,the applicant shall obtain an emissions permit from the Air Pollution Control Division
of the Colorado Department of Public Health and Environment. A copy of the permit or written
evidence that the permit is not required shall be submitted to the Department of Planning Services.
(Weld County Department of Public Health and Environment)
G. The applicant shall attempt to address the concerns and requirements of the Colorado Division of
Wildlife. Written evidence of such shall be submitted to the Department of Planning Services.
(Colorado Division of Wildlife)
H. The applicant shall submit written evidence to the Department of Planning Services, showing
conformance with the Colorado Division of Minerals and Geology,Mining and Reclamation Plan
for this site. (Colorado Division of Minerals and Geology)
I. The applicant shall attempt to address the requirements of the Longmont Soil Conservation District.
Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.
(Longmont Soil Conservation District)
4. Prior to operation:
A. The applicant shall apply for and be approved for a Flood Hazard Development Permit for any
development that will increase or decrease the base flood elevation in the flood plain as delineated
on FIRM Community Panel Map # 080266-0855C, dated September 28, 1982. (Department of
Planning Services)
Resolution 3r° AmUSR-248
Page 5
B. The applicant shall contact the Weld County Building Inspection Depaitinent regarding any Uniform
Building Code requirements for the proposed facility. (Weld County Department of Planning
Services)
C. Any signage on the property shall comply with Section 23-4-90, Weld County Code and have
approved any building permits required. (Weld County Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Depaiturent of Planning Services)
Motion seconded by Stephan Mokray
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nickles
Fred Walker
Stephan Mokray
John Folsom
Lous Llerena
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to
the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above
and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado,
adopted on August 21, 2001.
D?ted the of 21'of August , 2001.
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Varra Companies/Colorado Groundwater Resources Services
3rd AmUSR-248
1. The Site Specific Development Plan and Special Use Permit is for a Solid Waste Disposal Facility
and Certificate of Designation (Coal Ash Burial Project) in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The pilot project shall be limited to approximately 400 tons of fly ash that will be placed in a trench
measuring 10 feet wide, 100 feet long and 10 feet deep. (Department of Public Health and
Environment)
4. There shall be a single point of ingress and egress to the disposal site. (Department of Public
Health and Environment)
5. The construction of the disposal trench shall be supervised by a Professional Engineer. A
construction completion report shall be submitted which shows the surveyed location of the trench
segment that is constructed. The report shall also identify soil profile and evaluate conditions
discovered during excavation. (Department of Public Health and Environment)
6. All stockpile overburden, soil, and associated materials shall be managed to prevent nuisance
conditions. The facility operator shall comply with the Soil Conservation District requirements for
erosion control, seeding stockpiles, fertilizing, and seedbed preparation. (Department of Public
Health and Environment)
7. Ash should not be stockpiled longer than 72 hours after receipt to the site. Any stockpiles ash shall
be underlaid and covered with plastic. (Department of Public Health and Environment)
8. The project life shall be determined by the results of field and laboratory data after evaluation by the
Weld County Department of Public Health and Environment and the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
9. The facility shall conduct all monitoring activities as described in the approved groundwater
monitoring plan. (Department of Public Health and Environment)
10. Background water quality levels should be accounted for when considering action levels. With
exception to boron (see additional notes to be placed on plat), the most stringent groundwater
standards promulgated under The Basic Standards for Ground Water, Regulation No. 41 (5CCR
1002-41), shall be used when determining if a standard is exceeded. If a standard is exceeded at
a point of compliance (POC) well and confirmation sampling validates the exceedence, remedial
measures shall be implemented. (Department of Public Health and Environment)
Resolution 3r° AmUSR-248
Page 2
11. The Weld County Department of Public Health and Environment and the Colorado Department of
Public Health and Environment shall have the option of collecting split samples from each ground
water monitoring well. (Department of Public Health and Environment)
12. The applicant shall submit all laboratory results to the Colorado Department of Public Health and
Environment and the Weld County Department of Public Health and Environment with seven (7)
days of receipt. If any standard is exceeded, the Weld County Department of Public Health and
Environment and the Colorado Department of Public Health and Environment shall be notified within
48 hours. (Department of Public Health and Environment)
13. Operation inspection reports of the entire facility shall be made on a quarterly basis for the life of
the pilot project. The inspection report shall be signed by a Professional Engineer. The engineer
shall certify the operation is progressing in accordance with all aspects of the approved Special
Review Permit and Certificate of Designation. A signed copy of the report shall be submitted to the
Colorado Department of Public Health and Environment and Weld County Department of Public
Health and Environment. (Department of Public Health and Environment)
14. The facility operator shall maintain the following records to be available for Weld County Department
of Public Health and Environment and Colorado Department of Public Health and Environment
review at any reasonable time:
d) Quarterly operations inspection reports;
e) Volume of ash disposed;
f) Results of water quality monitoring;
g) Laboratory results for fly ash analyses. (Department of Public Health and Environment)
15. The facility shall be operated in a manner to control fugitive dust and fly ash at all times. All
operations shall be conducted in accordance with the approved dust control 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. (Department
of Public Health and Environment)
16. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A), as
measured according to Section 25-12-102, C.R.S. (Department of Public Health and Environment)
17. The owner and/or facility operator shall notify representatives of the Colorado Department of Public
Health and Environment, Weld County Department of Public Health and Environment, and
Department of Planning Services of any proposed oil and gas drilling within the Special Review
Permit Area. (Department of Public Health and Environment)
18. The facility shall comply with The Regulations Pertaining to Solid Waste, Disposal Sites and
Facilities (6 CCR 1007-2), the Weld County Code and the Rules and Regulations of the Colorado
Division of Minerals and Geology. (Department of Public Health and Environment)
Resolution 3' AmUSR-248
Page 3
19. The facility shall maintain evidence that an appropriate financial assurance mechanism has been
secured in accordance with The Regulations Pertaining to Solid Waste Disposal Sites and Facilities
(6 CCR 1007-2). (Department of Public Health and Environment)
20. 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 operator;
b. Type of project;
c. Emergency phone numbers of the facility operator. (Department of Public Health and
Environment)
21. The applicant shall submit a copy of the results and findings of the pilot project to the Central Weld
County Water District. (Department of Planning Services)
22. If any work associated with this proposal requires the placement of dredged or fill material, and any
excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States, at this site, the Department of the Army, Corps of Engineers shall be notified by the
applicant for proper Department of the Army permits or changes in permit requirements pursuant
to Section 404 of the Clean Water Act. Any other requirements of the Corps of Engineers shall be
addressed by the applicant and evidence submitted to the Department of Planning Services. (Army
Corps of Engineers)
23. The amendment to this Special Review Permit is only for the pilot project of a Solid Waste Disposal
Site and Certificate of Designation. All other state and federal requirements, Conditions of Approval
and Development Standards for the subsequent Special Review Permits (USR-248, AmUSR248
and 2n°AmUSR-248)still apply to the mining operation and the properties which they are permitted
on. (Department of Planning Services)
24. Effective December 1, 1999, Building Permits issued on the property will be required to adhere to
the fee structure of the Southwest Weld Road Impact Program Area 3. (Department of Planning
Services)
25. Hours of operation shall be limited to the hours of daylight, except for emergency situations. Hours
of operation may be extended with specific permission from the Weld County Board of County
Commissioners. This restriction shall not apply to operation of the administrative or executive
offices or repair and maintenance of the operation. (Department of Planning Services)
26. Restroom and hand washing facilities shall be utilized at the main office building located at 12910
Weld County Road 13. (Weld County Department of Planning Services)
27. Should 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,
pursuant to Section 15-1-10, Article I and II, of the Weld County Code. (Department of Planning
Services)
Resolution 3`" AmUSR-248
Page 4
28. The landscaping on site shall be in compliance and maintained in accordance with the approved
Landscape Plan for 2n°AmUSR-248. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Supplementary
Regulations for Solid Waste Disposal Sites, as described in Section 23-4-380,Weld County Code.
32. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
33. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans
or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
34. 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.
Additional notes to be placed on the plat:
1. The placement of coal ash under saturated conditions is not without risk, therefore, the
circumstances which would terminate this project must be clearly defined, understood and agreed
to by all parties. In addition, conceptual plans to be implemented if impact to ground water occurs
shall be reviewed and approved by the Weld County Department of Public Health and Environment
and the Colorado Department of Public Health and Environment.
2. Varra has requested to use 5.0 mg/I as a standard for boron. Regulation No. 41, The Basic
Standards for Ground Water states"the applicable standard for boron is 5.0 mg/I where a party can
demonstrate that a crop watering use of groundwater is not reasonably expected." A rigorous
ground water monitoring program has been established for the pilot project. Additionally,the volume
of boron potentially generated by the pilot project is small. The pilot project meets the general
criteria necessary to apply the 5.0 mg/I boron standard. However, should the pilot project
demonstrate the feasibility of disposing of fly ash in a saturated media, reassessment of the boron
standard shall be necessary before large-scale disposal operations begin to protect agricultural use
of the ground water in the area.
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 3
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan
Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp, yes;Cristie Nickles,yes; Fred Walker,yes;
Louis Llerena, yes. Motion carried unanimously.
- Case number: 3rdAmUSR-248
Planner Julie A. Chester
Applicant: Varra Companies
12910 Weld County Road 13
Longmont, CO 80504
Joby Adams, Colorado Groundwater Resources Services
P.O. Box 1489
Ft. Collins, CO 80524
Request: A Site Specific Development Plan and a Special Review Permit for a Solid
Waste Disposal Facility and Certificate of Designation (Coal Ash Burial
Project) in the A (Agricultural) Zone District
Legal Description: Part of the NW4 of Section 31,Township 3 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: Approximately 1/4 mile east of Weld County Road 13, one mile north of
Weld County Road 26
Michael Miller stated that he would normally excuse himself from cases with Varra, but due to the
experimental nature of the project he did not feel there was a conflict of interest.
Julie Chester,Department of Planning Services presented Case 3r°AmUSR-248,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Cathy Clamp,asked about the location of the trench and location of the monitoring wells. Julie Chester stated
that the location of the monitoring wells in relation to the trench will be in all directions.
Joby Adams, gave an brief summary of the use of Coal Ash and the purpose of it. This is designated as a
pilot project. This pilot project will be used for research purposes in order to determine the viability of the use
of coal ash as fill material in gravel quarries. The earlier testing results showed the need for larger scale
testing to be done.
Michael Miller asked about the test and whether it involved putting the fly ash into solution or simulate the
leaching that was going to take place. Mr.Adams then described the process and what would leach from the
coal ash and whether it would be detrimental to the environment. The results from the test showed that there
was nothing as far as human health hazards leaching from the experiment. Mr. Adams has tested with
numerical and analytical models to simulate the water flows before and after the ash. Mr. Miller expressed
concerns mentioned in the packet in regards to interrupting the natural flow of water through this area. Mr.
Adams stated that the use of the simulated models addresses those concerns with no downstream effects.
John Folsom,asked whether this process has been used elsewhere. Mr.Adams responded that no there has
not been anything of the nature, especially from start to finish. This project is so innovative that the Varra
Companies have received grants from the Department of Energy to continue the research. Mr. Folsom asked
what would be the source of the coal ash. Mr.Adams stated it will come from Public Service and one of the -
alaalk
conditions addressed the quality of the coal. �.
Stephan Mokray,asked what the emphasis was for starting this project. Mr.Adams explained that Varra was m
At
the one to look at the project with the emphasis being on the reclamation of an 11 acre gravel quarry. z �- 1
Stephan Mokray had more concerns with the water issues and the storage of it. Mr. Adams explained that X N-J
W
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 4
the backfill of the quarry will actually save water.
Bryant Gimlin asked if the trench will get bigger. Mr Adams stated that if the project was favorable then the
Varra Companies might pursue a larger reclamation at a future date. Mr. Gimlin also asked about the flood
waters and how that was to be mitigated. Mr.Adams stated that there would have to be erosional processes
and the monitoring wells will measure the adverse effects to water quality.
Stephan Mokray, asked about the precautions if groundwater is being contaminated. Mr.Adams stated that
there would be a monitoring schedule and if any standard is exceeded at the 50'point of compliance they will
stop the project and the ash will be removed. Mr. Mokray also asked if the ash would be removed after the
testing is done. Mr. Adams stated that if the ash was of no harm it could be left in place for continued
monitoring for long term research.
Michael Miller, asked the Health Department about the harmful levels and what they are going to do if the
levels continue to climb. How are they going to handle it?. Cindy Etcheverry responded that the applicant
must provide notification of exceeding levels with the understanding that it would be removed at that time.
Stephan Mokray asked about the composition of the coal ash and what are the guarantees. Mr.Adams stated
that there will be periodic sampling of the coal itself along with past data from Excel Energy,the coal supplier.
The quality control is part of the overall project.
Michael Miller asked about what specific types of ash the project is going to receive. Mr.Adams stated that
the primary volume will come from Class C ash and an FTD ash. Mr. Miller asked for clarification for a need
for this type of disposal of the ash. Mr.Adams stated that 70% of all fly ash is disposed of at landfills. The
cost and air regulations warranted the need for other avenues of disposal.
Cathy Clamp asked about the sulfides that are high in that region. Would an increase of sulfide effect
leaching and increase above the standard levels? Mr.Adams stated that in the testing,the levels were in fact
lower than the original water samples. Mrs. Clamp asked how deep the monitoring testing wells were going
to go. Mr. Adams stated that pure shale underlies the site and one to two of the monitoring wells will go to
bedrock, but the shale is considered impermeable. Mrs. Clamp asked about surrounding wells. Mr.Adams
stated that prior to installation of the ash they will do a field verification to see if there are any undocumented
wells. Mrs.Clamp asked about the removal time frame if there were adverse results. Mr.Adams stated that
if there were an exceedance the monitoring will go to a weekly time frame for confirmation. If there is and
exceedance the ash will be removed within one to two days and it will be disposed of at a landfill.
Louis LLerena asked about transfer of material to site. Mr.Adams said about 18 trucks that are covered-end
dumps and water trucks will be on site. The time frame for the delivery will be for one to three days total.
Mr.Adams also stated that the ash will be wetted to help reduce dust as well as a water truck on site to assist.
Brad Janes, Forester with Varra Companies, gave a brief background of the project and the concern about
the reclamation. Mr. James stated that there is a need for another avenue for disposal of fly ash. Mr.Janes
stated that this project is working out much of the hurdles even at the State level. This is a project that is very
early in the process. Mr. Janes stated that CSU and a Federal Grant are both heavily involved in this. Mr.
Janes would like this to remain a scientific venture and this pilot project allows for a "test" in real world
conditions. This pilot project is just the beginning and each step has to promote the next level.
Julie Chester, clarified that the reclamation plan was for six ponds the surrounding area will be re-vegetated
with native and introduced grasses.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Theodore Loman has concern about the dust in regards to the ash and the truck traffic on WCR 26.
Michael Miller stated that the dust will be saturated and there will be only 18 trucks.
Harold Nelson, stated that his concerns are the location of the project and the groundwater.
Leo Nelson, stated that his concern is about the safety aspect and the environmental concerns of removing
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 5
the ash if groundwater is contaminated before it leaches into the surrounding area water.
Mike closed public portion of this hearing
Michael Miller asked about the depth of the trench. Mr.Adams replied that the trench will be 10 feet deep and
7 feet of the ash will be within the ground water and what the changes in the leaching table would be in
accordance to the periodic change in the water table.
JobyAdams express a proposed change with Development Standards #7,he would like ash to be stockpiled
no more than three days. The other issue of concern was to submit and amended a traffic plan. The item
number is 3H.
Don Carroll, responded to the traffic issues for this particular permit. The fact is that there will be only 18
trucks within a possible 6 daytime frame. If the project does come back for a future land fill permit an updated
traffic study will be required.
Michael Miller, asked for clarification in regards to having to come back for an amended permit should the
decision be made to continue this to a larger scale project. Lee Morrison stated that they would need to come
back to do another process should that be determined.
Cathy Clamp asked it they were going to be monitoring the lakes to the south. Mr. Adams stated that the
monitoring wells will be upstream and they will continue to take pond water samples. Mrs.Clamp asked about
the length of this pilot project and when will a determination occur for possible larger scale. Mr.Adams stated
it will be a minimum of one year.
Michael Miller asked about the financing and the posting of a bond. Julie Chester responded that the
requirement came directly from the State Health Department.
Roger Doak, State Health Department, responded that the financial document had not been received so the
amount was not known at that time.That bond is a condition of approval and the State Health Department will
determine the amount of the bond. The purpose for the bond is to ensure if the applicant were to walk away
the State could hire contractors to either continue monitoring or remove the material.
Cristie Nicklas asked about the Development Standard #7 in regards to changing it to 72 hours. Ash should
not be stockpiled longer than 72 hours and if so it needs to be covered by plastic.
Proposed Language: Ash should not be stockpiled longer than 72 hours after receipt to the site. Any
stockpiled ash shall be underlaid and covered with plastic.
Michael Miller asked what they would do to re-mediate what has already leached into the groundwater had
the monitoring detected detrimental results. Mr. Adams stated that removal would be immediate and they
would continue to monitor. If the condition did not improve dramatically then another corrective plan would
be implemented to correct the situation.
Cristie Nicklas motioned to delete Conditions of Approval#3H and subsequent renumbering and replace the
language in Development Standard#7 with the proposed language from Roger Doaks,State Department of
Health. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan
Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes; Cathy Clamp,yes; Cristie Nicklas,yes; Fred Walker,yes;
Louis Llerena, yes. Motion carried unanimously.
Bryant Gimlin moved that Case 3r°Am USR-248,be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Stephan Mokray,yes; Michael Miller,yes; Bryant Gimlin,yes; Cathy Clamp,yes; Cristie
Nicklas,yes ; Fred Walker,yes; Louis Llerena, yes. Motion carried unanimously.
Hello