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HomeMy WebLinkAbout920990.tiff RESOLUTION RE: APPROVE CERTIFICATE OF DESIGNATION - WASTE SERVICES COMPANY 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, on the 14th day of October, 1992, a public hearing was held in the Chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of considering whether to grant a Certificate of Designation to Waste Services Company, c/o Brad Keirnes, P.O. Box 3365, Greeley, Colorado 80633, said site to be located on the following described property: Part of Sections 2 and 3, Township 2 North, Range 64 West, and part of Sections 26, 27, 34, and 35, Township 3 North, Range 64 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Brad Keirnes, and WHEREAS, this request for a Certificate of Designation was submitted in conjunction with a request for a Site Specific Development Plan and Special Review Permit for a solid waste disposal site and facility in the A (Agricultural) Zone District which was approved by the Board, and WHEREAS, Section 32-20-104, CRS, as amended, requires the Board to take into account certain factors to approve a Certificate of Designation and, having taken into account said factors, finds as follows: 1. The Conditions of Approval and Development Standards included in USR 11966 will minimize the impacts on the surrounding property and the area to the greatest extent possible. The Conditions of Approval and Development Standards will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. 2. The location of the solid waste disposal site will be convenient and accessible to potential users. Access to the site is proposed from Interstate Highway 76 to a paved private road at the north end of Weld County Road 59. The County Engineer has reviewed the application and recommended approval subject to a road improvements and maintenance agreement for Weld County Road 59. The applicant has agreed to meet these requirements. 3. The applicant has demonstrated in the submitted application materials an ability to comply with the health standards and operating procedures of the Solid Waste Disposal Site and Facilities Act, Title 30-20, Part 1, Colorado Revised Statutes. 4. The Colorado Department of Health and the Weld County Health Department have reviewed this request and have recommended conditional approval of the proposed solid waste disposal site and facility. 920990 cam : (2),,, (A.,/4-57/k; S42�dcs S N1, CERTIFICATE OF DESIGNATION - WASTE SERVICES COMPANY PAGE 2 5. The submitted application materials are in compliance with the goals and policies of the Weld County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certificate of Designation for Waste Services Company, c/o Brad Keirnes, P.O. Box 3365, Greeley, Colorado 80633, on the hereinabove described real property be, and hereby is, granted subject to the following conditions: 1. The property shall be maintained in compliance with USR 11966, all submitted application materials on file with the Department of Planning Services, and all applicable requirements of the Weld County Health Department and Colorado Department of Health. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: aduet WELD CO NTY, COLORADO Weld County Clerk to the Board George Kenn dy, Cealirman BY: 4gi },. /r 77 i Lf Deputy Clerk to the Board--\ Constance L. Harbert, Pro-Tem AP .R D AS TO FORM: � �" C. W. Kirb / ounty Attorney Gord . Lacy W. . Webster 920990 WELD COUNTY, COLORADO CERTIFICATE OF DESIGNATION In accordance with the provision of Sections 30-20-101 through 30-20-115, CRS, as amended, the Board of County Commissioners of Weld County, Colorado, hereby grants a Certificate of Designation for a solid waste disposal site and facility in the A (Agricultural) Zone District. Location of Site: Part of Sections 2 and 3, Township 2 North, Range 64 West, and part of Sections 26, 27, 34, and 35, Township 3 North, Range 64 West of the 6th P.M. , Weld County, Colorado Name and Address of Responsible Operator: Waste Services Company c/o Brad Keirnes P.O. Box 3365 Greeley, Colorado 80633 This Certificate of Designation may be temporarily suspended or revoked, after reasonable notice and public hearing, for cause as outlined in Section 30-20--112, CRS, as amended. Issued this 14th day of October, 1992, at Weld County, Colorado. Signed: George K edy, Chairman Board of County Commissioners 920990 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Richard Kimmel 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: NAME: Waste Services Company, c/o Brad Keirnes ADDRESS: P. 0. Box 3365, Greeley, CO 80633 REQUEST: A Certificate of Designation for a solid waste disposal site and facility. LEGAL DESCRIPTION: Part of Sections 2 and 3, T2N, R64W, and part of Sections 26, 27, 34, and 35, T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3.5 miles north of the Town of Keenesburg; approximately .5 miles west of a private paved road at the north end of Weld County Road 59 right-of-way. The Planning Commission recommends approval of this request for the following reasons: 1. The conditions of approval and development standards included in USR-966 will minimize the impacts on the surrounding property and the area to the greatest extent possible. The conditions of approval and development standards will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. 2. The location of the solid waste disposal site will be convenient and accessible to potential users. Access to the site is proposed from Interstate Highway 76 to a paved private road at the north end of Weld County Road 59. The County Engineer has reviewed the application and recommended approval subject to a road improvements and maintenance agreement for Weld County Road 59 . The applicant has agreed to meet these requirements. 3. The applicant has demonstrated in the submitted application materials an ability to comply with the health standards and operating procedures of the Solid Waste Disposal Site and Facilities Act, Title 30-20, Part 1, Colorado Revised Statutes. 4. The Colorado Department of Health and the Weld County Health Department have reviewed this request and have recommended conditional approval of the proposed solid waste disposal site and facility. 920989 -,u1t/f/a,r7 tc RESOLUTION, CERTIFICATE OF DESIGNATION Waste Services Company, c/o Brad Keirnes Page 2 5. The submitted application materials are in compliance with the goals and policies of the Weld County Comprehensive Plan. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities. The Planning Commissions' recommendation for approval is conditional upon the following: 1. The property shall be maintained in compliance with USR-966, all submitted application materials on file with the Department of Planning Services, and all applicable requirements of the Weld County Health Department and Colorado Department of Health. Motion seconded by Bud Clemons. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Judy Yamaguchi Shirley Camenisch Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, 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 October 6, 1992. Dated the 6t o ber, 1992 J/" l� i 1 Sharyn F. Ruff Secretary • 92O959 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING October 6, 1992 Page 3 The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Richard Kimmel moved Case Number USR-966, for Waste Services Company, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Bud Clemons seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes ; Jean Hoffman - yes; Tom Rulon - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes ; Bud Clemons - yes. Motion carried unanimously. NAME: Waste Services Company, c/o Brad Keirnes ADDRESS: P. 0. Box 3365 , Greeley, CO 80633 REQUEST: A Certificate of Designation for a solid waste disposal site and facility. LEGAL DESCRIPTION: Part of Sections 2 and 3, T2N, R64W, and part of Sections 26, 27, 34, and 35, T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3.5 miles north of the Town of Keenesburg; approximately .5 miles west of a private paved road at the north end of Weld County Road 59 right-of-way. Richard Kimmel moved the Certificate of Designation for Waste Services Company, be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Bud Clemons seconded the motion. The Chairperson asked the secretary to po11 the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: Amended USR-530 NAME: Platte Valley Airpark, c/o Marilyn M. Taylor ADDRESS : 7507 Weld County Road 39, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for the expansion of airport facilities in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 30, T2N, R65W and part of the E2 of Section 31, T2N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 39, approximately 1 mile south of Weld County Road 18. 920.D83 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION HEARING October 6, 1992 Page 2 Jean Hoffman moved the application for the Town of Platteville be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Motion seconded by Shirley Camenisch. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes . Motion carried unanimously. CASE NUMBER: USR-966 NAME: Waste Services Company, c/o Brad Keirnes ADDRESS: P.O. Box 3365 , Greeley, CO 80633 REQUEST: A Site Specific Development Plan and a Special Review permit for a solid waste disposal site and facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Sections 2 and 3 , T2N, R64W and part of Sections 26, 27 , 34 and 35, T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3.5 miles north of the Town of Keenesburg; approximately .5 miles west of a private road at the north end of Weld County Road 59 right-of-way. Brad Keirnes, President of Wastes Services Development Corporation, introduced Bob D' Amico, Leonard Butler, Chip Woertz, Bill Jeffries, Kurt Erickson, Mark McMullen, Matt Delach, John Houtchens, and Craig Harrison, all department heads or affiliates of Wastes Services Company. He then gave a detailed overview of the request. Highlights include proposed isolated location, compatible with surrounding land uses, three miles from a public thoroughfare, and on a private road at the end of a dead end county road. Leonard Butler, Geologist, gave a detailed technical overview of the request. Brad Keirnes also discussed the paved roads throughout the area due to the fact that Coors Ash Facility, located near the proposed site, was curtailing operations. There would be no increase in traffic for this area beyond what Coors is permitted. Vehicles would be enclosed minimizing roadside debris along the haul route. There will be a service area for local waste processing and also a regional service to include the metro Denver area and the airport facility at a later date. Preference will be given to the local Keenesburg area for jobs that will help stimulate the local economy. Discussion and questions followed. 9ZO_.rj CERTIFICATE OF DESIGNATION NAME: Waste Services Company, c/o Brad Keirnes ADDRESS: P. 0. Box 3365 , Greeley, CO 80633 REQUEST: A Certificate of Designation for a solid waste disposal site and facility. LEGAL DESCRIPTION: Part of Sections 2 and 3, T2N, R64W, and part of Sections 26, 27 , 34, and 35, T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3.5 miles north of the Town of Keenesburg; approximately . 5 miles west of a private paved road at the north end of Weld County Road 59 right-of-way. The Department of Planning Services' staff recommends approval of this request for the following reasons: 1. The conditions of approval and development standards included in USR-966 will minimize the impacts on the surrounding property and the area to the greatest extent possible. The conditions of approval and development standards will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. 2. The location of the solid waste disposal site will be convenient and accessible to potential users. Access to the site is proposed from Interstate Highway 76 to a paved private road at the north end of Weld County Road 59. The County Engineer has reviewed the application and recommended approval subject to a road improvements and maintenance agreement for Weld County Road 59. The applicant has agreed to meet these requirements. 3. The applicant has demonstrated in the submitted application materials an ability to comply with the health standards and operating procedures of the Solid Waste Disposal Site and Facilities Act, Title 30-20, Part 1, Colorado Revised Statutes. 4. The Colorado Department of Health and the Weld County Health Department have reviewed this request and have recommended conditional approval of the proposed solid waste disposal site and facility. 5. The submitted application materials are in compliance with the goals and policies of the Weld County Comprehensive Plan. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities . The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The property shall be maintained in compliance with USR-966, all submitted application materials on file with the Department of Planning Services, and all applicable requirements of the Weld County Health Department and Colorado Department of Health. 920999 Date: October 6, 1992 CASE NUMBER: USR-966 NAME: Waste Services Company, c/o Brad Keirnes ADDRESS: P.O. Box 3365, Greeley, CO 80633 REQUEST: A Site Specific Development Plan and a Special Review permit for a solid waste disposal site and facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Sections 2 and 3, T2N, R64W and part of Sections 26, 27, 34 and 35, T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3.5 miles north of the Town of Keenesburg; approximately .5 miles west of a private road at the north end of Weld County Road 59 right-of-way. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Environmental Quality and Natural Resource Section of the Weld County Comprehensive Plan. The Environmental Quality and Natural Resource goals and policies provide that solid waste facilities shall be planned, located, designed and operated so that they are compatible with surrounding land uses in terms of general use, scale, height, traffic, dust, noise, and visual pollution. This site is located approximately 3.5 miles from the closest town and is surrounded by dryland pasture. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The uses which will be permitted will be compatible with the existing surrounding land uses which include dryland pasture, oil and gas production, electric transmission lines, and the Coors coal mine and ash disposal facility. The uses which will be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone district and with future development as projected by the comprehensive plan of the County. 920989 DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDATION Waste Services Company, c/o Brad Keirnes USR-966, Page 2 The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 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 Department of Planning Services' staff 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 plat. The 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 15 days of approval by the Board of County Commissioners. 2. 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. 3. Prior to recording the Special Review permit plat, and within six months of approval by the Board of County Commissioners, the applicant shall submit: a. a performance agreement guaranteeing proper closure and post-closure monitoring of the sanitary landfill. The agreement shall outline the costs associated with closure and post-closure monitoring and shall include sufficient funds for corrective action for known releases (leachate and landfill gas) . The Board of County Commissioners shall review and approve the performance agreement for the closure and post-closure monitoring. The performance agreement shall include sufficient funds for corrective action for known releases (leachate and landfill gas) . Closure and post-closure financial assurances must conform to Subtitle D of the Resource Conservation and Recovery Act as may be incorporated into the Colorado Revised Statutes and Regulations. If the State of Colorado shall fail to incorporate the requirement of Subtitle D into Colorado law, then, in such event, the applicant shall nonetheless conform its closure and post- 92'0989 DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDATION Waste Services Company, c/o Brad Keirnes USR-966, Page 3 closure financial assurances to Subtitle D. This assurance must be submitted to the Weld County Board of County Commissioners prior to acceptance of waste at this facility. b. a proposed off-site road maintenance and improvements agreement. The agreement shall identify the type, costs, and timing of all off-site road improvements and maintenance. The agreement shall identify who paysand performs the off-site road improvements and maintenance. The agreement shall be supported by a traffic analysis, obtained by the applicant, which estimates the traffic impacts of the proposed use on Weld County roads. The Board of County Commissioners shall review and approve the form of collateral and security tendered and accepted for the off-site road -maintenance and improvements agreement. c. evidence that a plan for controlling fugitive dust has been approved by the Weld County Environmental Protection Services Division. d. an access control plan to ensure appropriate wastes are being allowed at the facility. The access control plan shall be submitted to and approved by the Weld County Environmental Protection Services Division and the State of Colorado, Department of Health, Hazardous Materials and Waste Management Division. e. evidence that any application for any required air emissions permit has been made to the Air Pollution Control Division, Colorado Department of Health. 4. Within four working days of discovery of perched water conditions during excavation activities, the Colorado Department of Health, Hazardous Materials and Waste Management Division, and the Weld County -Environmental Protection Services Division shall be notified. A contingency plan may be required by the Colorado Department of Health, Hazardous Materials and Waste Management Division, and the Weld County Environmental Protection Services Division. 5. Prior to commencing with landfilling in any portion of a fill module, a certification report shallbe prepared by the applicant and reviewed by the Colorado Department of Health, Hazardous Materials and Waste Management Division, and the Weld County Environmental Protection Services Division. The report shall provide written evidence that the quality assurance plan was implemented and the construction wasperformed in conformance with the design criteria, the project plans and specifications. 92 O989 DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDATION Waste Services Company, c/o Brad Keirnes USR-966, Page 4 6. Prior to accepting friable asbestos waste, a document detailing the friable asbestos waste handling and disposal procedures shall be developed by the applicant and submitted to the Colorado Department of Health, Hazardous Materials and Waste Management Division, and the Weld County Environmental Protection Services Division for review and approval. 7. Within sixty days of approval by the Board of County Commissioners, the Design and Operations Plan shall be revised to incorporate all agreements and modifications that have resulted from State -and County review. Detailed plans shall be provided showing how the phases will be filled, and the construction specifications for the diversion structures. The revised plan shall be submitted to the Colorado Department of Health, Hazardous Materials and Waste Management Division, the Weld County Environmental Protection Services Division, the Weld County Department of Planning Services , and the Weld County Board of County Commissioners, and shall become part of the operating record to be maintained at the facility. Monitoring Well #1 shall be retained as part of the background groundwater monitoring network. 8. Prior to beginning construction of the solid waste disposal site, USR-386 for Coors Energy Company shall be amended to show the change in boundaries of the Special Review permit site. 920989 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Waste Services Company, c/o Brad Keirnes USR-966 1. The Site Specific Development Plan and Special Review Permit is for a Solid Waste Disposal Site and Facility in the Agricultural zone district, permitted to operate 6 :00 a.m. to 6:30 p.m. , Monday through Saturday except in emergency situations as approved by the Weld County Environmental Protection Services Division. The facility shall be operated in accordance with the application materials on file with Weld County, and subject to the conditions of approval and development standards stated herein. The applicant and/or operator shall be responsible for constructing and operating in compliance with minimum standards pertaining to the Colorado Solid Waste Disposal Sites and Facilities Act and applicable Federal Laws. All health laws, standards, rules and regulations for the Colorado Department of Health, Hazardous Materials and Waste Management Division, Water Quality Control Commission, Air Pollution Control Commission, and applicable zoning laws and ordinances shall be complied with. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility may accept household, industrial, and commercial solid waste, approved by the Colorado Department of Health and Weld County Environmental Protection Services Division. No hazardous, radioactive or bulk liquid wastes, as defined by Federal or State regulations, shall be disposed of at this facility. 4. An individual, knowledgeable in operating a solid waste disposal site and facility, shall be on the site at all times the facility is operating. An up-to-date list of all such individuals shall be provided to Weld County Environmental Protection Services Division. 5. The maximum size of the working face of the disposal site shall not exceed 150 feet in width and 14 feet in vertical depth at any time. Any increase in width or height must be approved by the Weld County Environmental Protection Services Division. 6. All waste received at the facility shall be screened to ensure appropriate wastes are being disposed of at the facility. The access control plan, approved by the Colorado Department of Health and the Weld County Environmental Protection Services Division, shall be complied with. 7. There shall be a single point of public ingress and egress to the facility located on the west side of the private road which extends north from Weld County Road 59. An operations access gate is allowed on the northeast side of the site. 920989 DEVELOPMENT STANDARDS, USR-966 Waste Services Company, c/o Brad Keirnes Page 2 8. The facility shall be operated in a manner which protects against surface and groundwater contamination. The facility operator shall implement the groundwater monitoring plan, approved by the Colorado Department of Health and the Weld County Environmental Protection Services Division. The analytical method and statistical evaluation of groundwater monitoring data shall comply with applicable Colorado Revised Statutes, as amended, for Solid and Hazardous Waste Disposal Sites and Facilities, and Subtitle D of the Resource Conservation and Recovery Act. Carbonate and cation- anion balance shall be included as part of the groundwater monitoring program. The applicant shall also analyze leachate for the following parameters, at a minimum: total organic halides, biochemical oxygen demand, total petroleum hydrocarbons, total phenols, pH, and specific conductivity. The operator may choose to do a more detailed analysis. 9. Any changes or updates to the groundwater monitoring plan shall be made by the facility operator when requested in writing by the Weld County Environmental Protection Services Division or Colorado Department of Health. A copy of any request for change shall be forwarded to the Department of Planning Services' staff for review. 10. The facility shall be operated in a manner to control blowing debris at all times. Operation during windy periods shall be conducted in a manner that controls blowing debris. The working face will be closed to disposal when high wind warning conditions exist as defined in Section 1.2 of the Colorado Department of Health's Solid Waste Disposal Sites and Facilities Regulations, 6 CCR 1007-2. The following operation measures shall be employed to control blowing or illegally dumped debris: a. Any debris found outside the working face shall be picked up within 24 hours. b. The following shall be patrolled daily by facility staff to pick up all debris and return it to the working face: i. the access route south from the office and maintenance area consisting of portions of Weld County Road 59 , 18, and 57-1/2 to the I-76 Interchange. ii. the fence along the perimeter of the Special Review Permit area; 92O989 DEVELOPMENT STANDARDS, USR-966 Waste Services Company, c/o Brad Keirnes Page 3 c. The manager of the facility shall respond to requests for picking up debris within 24 hours of notification by County Environmental Protection Services Division personnel. d. A minimum 6-inch solid cover or other cover alternative as approved by the Colorado Department of Health and the Weld County Environmental Protection Services Division shall be applied daily over the working face. Cover shall be placed on debris as soon as possible on days when wind is a noticeable problem. e. The working face shall be enclosed on the downwind side(s) with a litter screen while accepting waste. A 6- foot litter and access-control fence shall be maintained around the Special Review Permit area. f. During windy periods, which have not reached the threshold to be defined as high wind warning conditions, the size of the working face shall be reduced to a size that eliminates debris escaping the screen. g. The size of the working face shall be reduced to 100 feet in width while accepting waste after dark. 11. The facility shall be operated in a manner which controls odor. 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. 12. The facility shall be operated in a manner to control fugitive dust at all times. The facility operator shall implement the plan for controlling fugitive dust, as approved by the Weld County Environmental Protection Services Division. Any changes or updates to the plan for controlling fugitive dust shall be made by the facility operator when required in writing by representatives of Weld County. A copy of any request for change shall be forwarded to the Department of Planning Services' staff for review according to Development Standard 30. 13. The Special Review Permit site and facility shall be operated in compliance with any required Air Emissions Permit approved by the Air Pollution Control Division of the Colorado Department of Health. 14. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, C.R.S. 920999 DEVELOPMENT STANDARDS , USR-966 Waste Services Company, c/o Brad Keirnes Page 4 15. Adequate toilet facilities, served by an individual sewage disposal system, are required for the facility. The facilities shall be installed in accordance with the Weld County Individual Sewage Disposal and Building Code Regulations. 16. The owner and/or facility operator shall comply with the off-site road improvements and maintenance agreement, approved by the Board of County Commissioners. 17. The owner and/or facility operator shall maintain an adequate water supply for the disposal site facility. The source of water for construction, operation, drinking, and sanitary facilities shall be approved by representatives of the Weld County Environmental Protection Services Division and the Division of Water Resources. 18. The facility shall be subject to the terms of Weld County Ordinance 164 as it exists and subsequent amendments. 19. Two metal signs shall be posted at the customer entrance. The first sign shall state: "ALL UNCOVERED LOADS SHALL BE CHARGED TWICE THE NORMAL FEE" . The second sign shall state: "ABSOLUTELY NO HAZARDOUS or RADIOACTIVE WASTE, SEPTAGE, OR LIQUID SLUDGE ACCEPTED" . 20. The facility operator shall keep the following records at the facility to be available for County and State review at any reasonable time: a. Quarterly operation inspection reports, completed by the Weld County Environmental Protection Services Division. b. Results of wind, landfill gas, and water quality monitoring. c. Soil liner certification report. d. Any special waste accepted at the facility. 21. All phases of the operation must conform to 30-20-101, Colorado Revised Statutes and regulations promulgated thereunder, as amended, for Solid Waste Disposal Sites and Facilities, and Subtitle D of the Resource Conservation and Recovery Act. 22. There shall be no discharge of wastes into any stream, other bodies of water, or adjacent drainage systems without obtaining a National Pollutant Discharge Elimination System Permit from the Colorado Department of Health. This Development Standard shall be deemed satisfied as determined by the State of Colorado, Department of Health. 92O999 DEVELOPMENT STANDARDS, USR-966 Waste Services Company, c/o Brad Keirnes Page 5 23. If during excavation, ongoing activities and monitoring of the site, information is revealed that changes the currently held concept of the site, the Colorado Department of Health, Waste Management Division, and/or the Weld County Environmental Protection Services Division, may request modifications to the design and operations, and monitoring program. Regulatory changes that the Waste Management Division and/or the Weld County Environmental Protection Services Division may implement in the future may also become binding and necessitate modifications to design and operations plans. 24. After October 1, 1992, all construction activities that disturb more than five (5) acres, shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. This Development Standard shall be deemed satisfied as determined by the Colorado Department of Health, Water Quality Control Division. 25. Environmental monitoring data from groundwater, surface water, landfill gas, and leachate monitoring activities shall be submitted to the Weld County Environmental Protection Services Division and/or Colorado Department of Health. 26. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 29. Personnel from the Weld County Health Department, the Colorado Department of Health, and Weld County Department of 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 hereon and all applicable Weld County Regulations. 30. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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 . 920989 DEVELOPMENT STANDARDS, USR-966 Waste Services Company, c/o Brad Keirnes Page 6 31. 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. 920989 %S'aste Services DEVELOPMENT CORPORATION September 25 , 1992 3EP 3 0 1992 11 Ms . Austin Buckingham Nrd Colorado Department of Health ,planning 4210 E . 11th Avenue Denver , Colorado 80220 Dear Ms . Buckingham: As the applicant, Waste Services Company hereby formally concurs with the recommendations outlined in your letter dated August 11 , 1992 , regarding the issuance of a Certificate of Designation for the East Weld Sanitary Landfill. This concurrence is based on and incorporates the responses and information contained in the attached letter to you from Industrial Compliance, Inc. , dated September 24 , 1992 . Thank you for your assistance with the technical review of our project. If you have any questions , please do not hesitate to call at your convenience. Sincerel C . B adley Kei President Waste Services Development Corporation Partner Waste Services Company CBK/kbc cc : Mr. George Kennedy, Chairman, Weld County Commissioners Ms . Lanell Swanson, Weld County Planning Services Mr. John Pickle , Weld County Health Department :OX 3365 • GREELEY, COL(Y,z. :)O 8063_ • (303) 356-6600 Fxhibif1 920989 Asa Industrial Compliat ice „r„ ,_�y 1746 Cole Blvd., Bldg. 21 #300 Go/den,�C�O 18fl40f 303y27,Z-1400 FAX 303/277-1 r- u SEP 25 1992 September 24, 1992 Ceunt� _ WO�d_Zn388frnning _ IC Project Num er - Ms. Austin Buckingham Colorado Department of Health 4210 E. 11th Avenue Denver, Colorado 80220 RE: Application for Certificate of Designation Fast Weld Sanitary Landfill, Weld County, Colorado Colorado Department of Health Recommendations Dear Ms. Buckingham: This letter is in response to the Colorado Department of Health (CDH) letter dated August 11, 1992 to Mr. Gordon Lacy, Weld County Commissioner, and issues discussed during our meeting on August 27, 1992 regarding the above referenced landfill application. The CDH letter to Mr. Lacy lists recommendations to be included in the Certification of Designation when and if it is issued, and requests more information. This response letter is intended to supply the requested information and demonstrate the applicants concurrence with the recommendations. The responses are listed below in the order in which the recommendations were listed in the CDH letter. Please note that there was no recommendation 3 listed in the CDH letter. Recommendation 1. All health laws, standards, rules and regulation for the Department, Water Quality Control Commission, Air Pollution Control Commission and applicable zoning laws and ordinances shall be complied with. Response: The applicant agrees to abide by all applicable laws, standards, rules, and regulations. This commitment will be included in the revisions to the Design and Operations Plan. Recommendation 2. If perched water conditions are encountered during excavation activities, the Division shall be notified within four working days. Contingency plans may be required by the Division. Response: If perched water is encountered during excavation activities, the Division will be notified within four working days. The source and extent of the encountered perched zone will be evaluated and the Division will be informed of the findings. If necessary, contingency plans will be developed. This wording will be included in the Design and Operations Plan. Dedicated to solving your environmental problems. /�////�y��/��■■�/���]((}���y/����� puMFy 920989 (� A Subsidiary of SP Environmental Systems, Inc. w sP- Exhlbl+ H L I=l , ti "rsrE,�y September 24, 1992 Ms. Austin Buckingham Page 2 Recommendation 4. A certification report shall be prepared by the Applicant and reviewed by the Division prior to commencing with landfilling in any cell. The report shall provide wntten evidence that the quality assurance plan was implemented and the construction was performed in conformance with the design criteria, the project plans and specification. Response: At least 30 days prior to the scheduled date to commence landfilling in any landfill module, a report detailing construction activites for that module will be submitted to the Division for review. The report will include evidence that construction was completed according to the approved plans, specifications, and design criteria. This commitment will be included in the revisions to the Design and Operations Plan. Recommendation 5. Plate 10 of the August 5, 1992 amendment to the application showed a number of temporary diversion structures. Please provide discussion and plans in the revised Design and Operations Plan as to how the phases will be filled, i.e., Will a phase be filled to ground surface prior to opening up another phase? Will several phases be operated concurrently and how will the temporary surface water diversion structures be coordinated with filling the phases? Please specify the storm event that the temporary diversion structures will be designed for and the construction specifications for the diversion structure (in plan view and cross section). Response: As discussed in our August 27, 1992 meeting, the applicant agrees to include a general filling plan in the revised Design and Operations Plan. This filling plan will include a discussion of the temporary surface water diversion structures that will be used during landfilling operations. Because of the size of the phases, filling will occur in only a portion of each phase at any one time. The actual size of the active area will depend on the volume of incoming refuse, weather, and operational considerations. In general, the currently active portion will be filled as high as practical within the following limitations: 1) Where possible, exterior slopes (those on the outside of the permitted fill area boundary) will be maintained at final grade elevations as shown on Plate 14. In no case will exterior slopes be allowed steeper than those shown on the approved design plans. 2) Interior (temporary) slopes will be maintained at a maximum slope of 3:1. 920989 September 24, 1992 Ms. Austin Buckingham Page 3 • The general filling sequence can best be shown by illustration. Figures 1 through 5 attached to this letter illustrate a typical filling sequence that will be followed. Actual refuse volumes and operational considerations may modify this plan somewhat. Filling will commence in one portion of a phase until the above conditions can no longer be maintained. Generally, this means that an area will be filled to some level above the existing ground surface but not to final elevations. Filling will then commence in an adjacent area up to an elevation approximately equal to the initial area. At this point, if the:top of the fill is of sufficient working area, filling may again be conducted above the initial filling area, within the above limitations. The temporary diversion structures shown on Plate 10 of the August 5, 1992 amendment to the application will be designed for 24-hour, 25-year storm event. Each diversion structure will be constructed according to the schedule listed on Plate 10. Documentation for the construction for each of the diversion structures, including design specifications and construction as-built diagrams (in plan view and cross section) will be included in the appropriate cell construction report. Surface-water diversion and siltation structures other than those shown on Plate 10 may be required throughout the life of the landfill. These other diversion structures are very temporary in nature and will be constructed as illustrated in Figures 5.1 through 5.5 of the Design and Operations Plan. The actual locations and time frames for these structures depends on actual refuse volumes and landfill configuration (ie. current available fill area, current construction activities, etc.) and is difficult to ascertain at the present time. Recommendation 6. The Division would prefer if MW1 were retained as part of the background ground water monitoring network. Given the variety of lithologies encountered at the site, the range of ground water chemistries could best be evaluated with more than one well. If the MW series wells will be decommissioned, they should be decommissioned by overdrilling, removal of casing and grouting the well from total depth to the surface. Notification of the Division is requested. Response: Pursuant to our phone conversation on September 11, 1992, we understand that the Division intended that MW-3 be retained as part of the permanent ground- water monitoring system, not MW-1. MW-3 is in a position to remain up- gradient for the life of the landfill, whereas MW-1 is not. Ground-water monitor well MW-3 will be retained as part of the background monitoring network for at least eight quarterly sampling events to gather background water quality data. 920989 September 24, 1992 Ms. Austin Buckingham Page 4 Proposed monitor well MW-11 shown on Plate 14 is also in a position to remain as an up-gradient well for the life of the site. MW-11 will be installed and sampled on a quarterly basis following issuance of the Certificate of Designation. Once the chemical parameters have equilibrated in all ground water monitoring wells and background water-quality has been established, an appropriate statistical method will be chosen and applied to the results of the quarterly ground-water monitoring. Depending on the statistical method used, only one background monitor well may be required. The ground-water chemistry of monitor wells MW-3 and MW-11 will be compared, and if similar, one well may be abandoned. If the analytical results indicate two different chemistries, it may be appropriate to retain both wells. Abandonement of any ground-water monitor wells will be conducted according to applicable State guidelines and to the stipulations outlined above. The Division will be notified if the applicant intends to abandon any ground-water monitor wells. Recommendation 7. If the East Weld Sanitary Landfill chooses to accept friable asbestos waste in the future, a document detailing the friable asbestos waste handling and disposal procedures shall be developed by the applicant and submitted to the Division for review and approval. Response: A special waste acceptance document will be developed prior to accepting any special wastes not listed in the application document or in the Certificate of Designation. The special waste acceptance document will detail acceptance, handling, and disposal procedures for each special waste, including friable asbestos, and will require the concurrence of the Department and Weld County prior to accepting any special waste for disposal. Recommendation 8. Within 60 days of approval for a Certificate of Designation from the Weld County Commissioners, the Design and Operations Plan shall be revised to incorporate all agreements and modifications that have resulted from Division and County review. The revised plan shall be submitted to the Division, the County and become part of the operating record to be maintained at the facility. Response: Within 60 days of approval for a Certificate of Designation from Weld County, the Design and Operations Plan shall be revised to incorporate all agreements and modifications that have resulted from Division and County review. This revised Design and Operations Plan will become part of the permanent record and be retained at the facility. 920999 MT September 24, 1992 Ms. Austin Buckingham Page 5 It is understood that construction operations and ongoing monitoring of the facility may yield information that was previously unknown and change the current concept of the site hydrogeology and geology. If at any time during the operating life or post-closure period of the facility, information is obtained that changes the currently held concept of the site sufficiently to require a change in the design, operations, or monitoring program, the Division will be notified and consulted. It is also understood that future regulatory changes may become binding and result in design, operational, or monitoring modifications. The above clarifications and commitments will be included in the revised Design and Operations Plan to be completed within 60 days from the approval for a Certificate of Designation. Please call if you have any questions. Sincerely: INDUSTRIAL TR� COMPL E Reviewed by: Mark A. McMullen Curtis J. Ahrendsen Project Geologist Director,Engineering Division cc: Mr. Gordon Lacy, Weld County Commissioner Mr. Brad Keirnes, Waste Services Company Mr. Leonard Butler, Waste Management Mr. Chip Wertz, Waste Management Mr. John Pickle, Weld County Health Department Ms. Lanelle Swanson, Weld County Planning 920989 id rig 8 N Z a o O N wl O N u �L clq O algal C.I. O\i Q y�j^� JO G ‘cc.,,,FA--c., E Z Z X €..c,--%z *-I N >-,zZ QQ w yV W Q 8Z k' CO d k— w m =• c W A0 .} as a a ...wo p;X ocr—a • a Oj o z • Q O4:4z U c? w �__i E" W Q O m a Wz v� 1-"-100i- < Q O 5 WWOON— Z l in r ii O W O InpF- o ftI- Iz • • ? hills ..1:44.4N:( wily, N CD J W Q )-- Do O co r_ mu, H O J 7c,_ z r W cc a • ,6 X r0 Y K w Z m O Od o i-m ILu w '0i- . WJ w< W af: oQ J cn N J • • Q 0> Z W H-in JJ J }Z •, • Q Y CLOG co • a3 ~N Z wo w d X• O ww J N JLuM ` Q Z O W U I.11 o J 0 W Q Q CC L.1 z O J Lz a = J r a o P a z 920959 N 01 8 N = a o o N. \ Y v O� N w9 u < 0 ��•W� .__ICS) cx H U..4.F'� d O ? 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Oa Cc }} E U> u-CDU \} } § Zr Z0,1 X0 X0 \\ id § & / 20»99 W W o N a 2 0 Ig CC U ti o CO N w a y D q NLa E . -J im Q O?Cq� yy D U..1tis Jo F- 'acIly0 L� _ Z 0 L�W V W�� ; o Ngqet c4 �r a� a pOW ` ce r� OQ aoJ c� D-1 U'i- O CC D x ��M ` m Gzrw UN ? � s cr Q$y g@ aim 0 z Cr>0 OOH ' b W corn— JOZ Jin W 0 cop H I xi Z�J 4`J O WrMO L�¢E �O0 (nQN JoLal xo `s W���, -J 0 ` � ��!iI1:ij4 0 a I- 0 6-0 LL 0 Lna 4 ct Z M zni- o< W W >- 0X0 X0 0 M CC IX CC 00 , 0Z aS ` Zia J J uj3 JJ Jo W Wp -O 0 J V1 F-VI F-Z JX Z.- ZN a > HX F-CC O WU_ W�Li U W 0 J 0 W Q Q ~ Z CC 0 J L- a_ = J a - 0 F3 D F- Z 920989 mEmoRAnDum inkTo Board of Commissioners Date /September 10, 1992 COLORADO From �/p/ � Clerk to the Board �i Subject: Resetting hearing date Due to posting requirements for a Certificate of Designation, we are unable to hold the hearing for Waste Services, Inc. on September 30, 1992. Attached for your approval, is a draft resolution resetting the date of the hearing as October 14, 1992 at 10:00 a.m. 920989 Waste Services :::z DEVELOPMENT CORPORATION a �� CLEr ; August 31 , 1992 George Kennedy, Chairman Board of Commissioners Weld County Greeley, Colorado Dear Chairman Kennedy: Waste Services respectfully requests the preadvertisement of the Board of Weld County Commissioners ' hearing of our applications for a Certificate of Designation and Use by Special Review Permit for the proposed East Weld Sanitary Landfill. The hearing of our case by the Weld County Planning Commission has been scheduled for Tuesday, September 15 , 1992 . Given this , it is our request that our Board of Coumiissioners ' hearing be held on Wednesday , September 30 , 1992 . This hearing date has been determined by your staff to be available, subject to the Board' s approval of this request . The basis for this preadvertisement request is to allow us to proceed with the timely, efficient and cost-effective development of our proposed project , if it is approved. If the Board grants this request , Waste Services agrees hereby, as required, to pay all costs associated with the preadvertisement. Please do not hesitate to contact me should any additional information be needed to consider this matter . Thank you. Respectfully, • Brad Keirnes President CBK/kbc P.O. BOX 3365 • GREELEY, COLORADO 80633 • (303) 356-6600 920989 Ochi6;+ Hello