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Home My WebLink About931165.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A SOIL STORAGE AREA FOR AN EXISTING SOLID WASTE DISPOSAL SITE FACILITY (SANITARY LANDFILL) IN THE A (AGRICULTURAL) ZONE DISTRICT - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 27th day of October, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Laidlaw Waste Systems (Colorado) , Inc. , P.O. Box 320, Erie, Colorado 80516, for a Site Specific Development Plan and Amended Special Review Permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of Section 29, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on October 27, 1993, the Board deemed it advisable to continue said matter to November 10, 1993, at which time said matter was again continued to November 22, 1993, at 9:30 a.m. , and WHEREAS, at said hearing on November 22, 1993, said applicant was represented by Fred Otis, Attorney, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: 931165 ir'L Oz/7-5— 0c : AiL (6P). Pt ; //i«//)/4 AMENDED SPECIAL REVIEW PERMIT - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. PAGE 2 a. The amended proposal is consistent with the Environmental Quality and Natural Resources Section of the Weld County Comprehensive Plan. The Environmental Quality and Natural Resource Goals 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 adjacent to two reclaimed landfills and is located approximately .25 miles west of two undeveloped, approved landfills -- one in the Town of Erie, and one in the unincorporated area of the County. b. The amended proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The uses which will be permitted will be compatible with the existing surrounding land uses which include two reclaimed landfills, two proposed landfills, agricultural production, and oil and gas production. d. 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. e. The site is located in the Geologic Hazard Overlay District. Amended Special Review Permit Development Standards will ensure compliance with the overlay district requirements. f. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. g. Amended Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Amended Special Review Permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Amended Special Review Permit shall be adopted and placed on the Amended 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. 931165 AMENDED SPECIAL REVIEW PERMIT - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. PAGE 3 2. The Amended Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Amended Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Nothing in this paragraph shall prohibit the applicant from continuing operations under the terms and conditions of the existing USA #972 until such Amended Special Review plat is recorded. 3. Prior to recording the Amended Special Review plat, the applicant shall submit a letter that identifies and reaffirms all existing agreements, Conditions of Approval, and Development Standards. 4. Within six months of approval by the Board of County Commissioners, the applicant shall obtain approval from the State of Colorado on the closure and post-closure security agreement pursuant to the State of Colorado Subtitle D Regulations. The closure and post- closure agreement currently in place between the applicant and the County shall remain in effect until the agreement with the State is finalized. The applicant shall agree to enter into negotiations for future contributions toward road maintenance. The contributions, pursuant to 6 CCR 1007-2, Appendix A, shall commence no sooner than December 1, 1995, or the date that local improvement district bonds are paid off. 5. The Colorado Department of Health, Hazardous Materials and Waste Management Division, and the Weld County Environmental Protection Services Division shall be kept apprised of fault location conditions discovered during excavation. Permeability evaluation of the fault and/or additional monitoring may be required. 6. Prior to commencing with landfilling in the lined portion of any cell, a certification report shall be 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 was performed in conformance with the design criteria, the project plans, and specifications. 7. Prior to stockpiling of soil on the Amended Special Review site, a dust abatement plan for the soil storage area shall be submitted to the Weld County Health Department for approval. 931165 AMENDED SPECIAL REVIEW PERMIT - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. PAGE 4 8. Prior to filling any drainage, the applicant shall obtain written approval from the U.S. Corps of Engineers. A copy of the documentation shall be provided to the Weld County Health Department. 9. Prior to recording the plat, the plat shall be amended to include the legal description for the property and a second mylar page shall be submitted to include the approved Development Standards for the Amended Special Review Permit. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of November, A.D. , 1993. i / 1) / // BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO JrU / /✓ L✓/7 ///� Weld County Clerk to the Board ( „��2!yrwfiX /.�.. c`- /// /1 Constance L. H�arrbert, `7Chairman`yam BY: /!.y L44/g 1/ -1/Y, �_✓_ �9 i/ '�l )�(F�/L{-'� Deputy Clerk to the W. H. ebster, Pro em i APPROVED AS TO FORM: - ' t*�". C /A- 74 �[ �eo� Bax e , n£y Atto Dale K. Hall EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 931165 SITE SPECIFIC DEVELOPMENT PLAN AMENDED SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LAIDLAW WASTE SYSTEMS (COLORADO) , INC. AMENDED USR 11972 1. The Site Specific Development Plan and Amended Special Review Permit is for an amended design and operations plan for an existing sanitary landfill permitted under SUP 11400, as amended in USR #972, allowed to operate from 5:00 a.m. to 9:30 p.m. , seven days a week, except in certain emergency situations as approved by the Weld County Environmental Protection Services Division. The amendment shall be limited to 100 acres, more or less, for soil storage only. The facility shall be operated in accordance with the 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. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Only non-hazardous and non-radioactive household, industrial, and commercial solid waste, approved by the Colorado Department of Health and Weld County Environmental Protection Services Division, shall be accepted. No liquid waste of any nature, as defined by the State of Colorado or Environmental Protection Agency, shall be accepted. 4. A manager, 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 managers 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. 6. All waste received at the facility shall be inspected 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 maintained. 7. There shall be a single point of ingress and egress to the facility. The approved off-site maintenance and improvement agreement shall identify the haul route. Weld County Road 7 shall not be used as a haul route. The southern haul route shall be from State Highway 7 along Weld County Road 5. The northern haul route shall be from State Highway 52 along Weld County Road 5. 931165 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. 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 Appendix B of the Solid and Hazardous Waste Disposal Sites and Facilities Regulations contained in the Colorado Code of Regulations, 6 CCR 1007-2. 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: total organic halides, biochemical oxygen demand total petroleum hydrocarbons, total phenols, pH, and specific conductivity. These are a minimum. The operator may choose to do a more detailed analysis. 9. Any changes or updates to the groundwater monitoring plan or specific 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 OCR 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 fence along the perimeter of the Amended Special Review Permit area; ii. Weld County Road 5 between State Highway 7 and State Highway 52; iii. Weld County Road 6 between Weld County Roads 5 and 7; iv. State Highway 7 between Weld County Roads 5 and 7. c. The manager of the facility shall respond to requests for picking up debris within 24 hours of notification by Weld County Environmental Protection Services Division personnel. 931165 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO) , -INC. PAGE 3 d. A-minimum 6-inch solid cover or other cover alternative approved by the Colorado Department of Health and the Weld County Environmental Protection Services Division shall be applied daily to control the size of the working face. Cover shall be placed on debris as soon as possible on days when wind is a noticeable problem. �. The working face shall be enclosed on the downwind side(s) with a minimum 12-foot litter screen while accepting waste. An 8-foot litter and access-control fence shall be maintained around the Amended 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. -Colorado Department of Health Regulations pertaining to Solid Waste Disposal Sites and Facilities, Section 3.1. 1 state: "Disposal sites and -facilities that accept putrescible wastes that may attract birds, and which occur within 10,000 feet (3048 meters) of any airport runway used by -turbojet, or within 5, 000 feet (1523 meters) of any airport runway used by piston-type aircraft shall not pose a bird hazard to aircraft. " The facility must be operated in compliance with the approved bird hazard study and mitigation plan. 12. 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. 13. The facility shall be operated in a manner to control fugitive dust on the site at all times. The facility operator shall implement the plan for -controlling fugitive dust, as approved by the Weld County Environmental Protection Services Division. The facility shall have sufficient -equipment available to implement the dust control. 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 1137. 14. The Amended Special Review Permit site and facility shall be operated in compliance with any required Air Emissions Permit, as required, and approved by the Air Pollution Control Division of the Colorado Department of Health. 15. 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. 931165 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. -PAGE 4 16. 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. 17. The owner and/or facility operator shall comply with any agreement for road maintenance contributions approved by the Board of County Commissioners. 18. The owner and/or facility operator shall maintain an adequate water supply -for the disposal site, maintenance of the soil stockpiles and all haul -roads. The source of water for construction, operation, drinking, and sanitary facilities shall be approved by representatives of Weld County Environmental Protection Services Division and the Division of Water -Resources. 19. The proposed facility shall be operated in compliance with the applicable regulations of the Federal Aviation Administration. 20. The disposal site facility shall be operated in compliance with the requirements of the Mountain View Fire Protection District. Plans for any additional buildings to be constructed on the site shall be submitted to the Fire District prior to beginning construction. 21. The applicant shall remove, handle, and stockpile overburden, soil, sand, gravel and associated materials from the facility in a manner that will prevent nuisance conditions. The facility operator shall comply with the reclamation plan approved by the Boulder Valley Soil Conservation District. 22. The facility shall continue to be subject to the terms of Weld County Ordinance No. 164 as it exists or as it may from time to time be amended. 23. The owner or operator shall be responsible for maintaining the approved screening and landscaping plan. 24. 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 MATERIALS, TOXIC SUBSTANCES, SEPTIC, OR LIQUID SLUDGE ACCEPTED. " 25. 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 operations inspection reports completed by the Weld County Environmental Protection Services -Division. b. Results of wind, methane, and water quality monitoring. -c. Soil liner certification report. 931165 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. PAGE 5 d. Any special waste accepted at the facility. 26. -The solid waste disposal site and facility plan and monitoring programs are subject to revisions pending the receipt of pertinent data and/or changing site conditions. All requests for revision shall be submitted in writing to the Department of Planning Services for review in accordance with Development Standard #357. 27. Lighting provided for security operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 28. All phases of the operation must conform to Title 30, Article 20, Part 1, C.R.S. , as amended, and regulations promulgated thereunder, for Solid Waste Disposal Sites and Facilities, and Subtitle D of the Resource Conservation and Recovery Act. 29. There shall be no discharge of wastes into any stream, other bodies of water, or adjacent drainage systems without obtaining a National Pollution 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. 30. The property shall be maintained in compliance with the Geologic Hazard Overlay District requirements. 31. The facility shall be operated in compliance with all local, County, State, and Federal regulations. 32. Soil stockpiles which remain out of use for a period greater than seven months shall be stabilized by revegetation. The stockpiles shall be revegetated as soon as possible after establishment. 33. The facility shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division for the soil storage site. 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 36. Personnel from Weld County Environmental Protection Services Division, 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 herein and all applicable Weld County Regulations. 931165 DEVELOPMENT STANDARDS - LAIDLAW WAST-E SYSTEMS (COLORADO) , INC. P-AGE 6 37. The Amended SpeciaFReview area shall be limited to the plans shown herein 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. 38. The property owner or operator shall be responsible for complying with all of the _foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 931165 HEARING D-E-RTIFICATION DOCKET NO. 93-78 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A SOIL STORAGE AREA TOR AN EXISTING SOLID -WASTE DISPOSAL SITE FACILITY (SANITARY LANDFILL) IN THE A (AGRICULTURAL) ZONE DISTRICT - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. A public tearing was conducted on November 22, 1993, at 9:30 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, -Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated September 22, 1993, and duly published October 14, 1993, in the Windsor Beacon, a public hearing was conducted -on October 27, 1993, to -consider the request of Laidlaw Waste Systems (Colorado) , Inc. , for a Site Specific Development Plan and Amended Special Review Permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) Zone District. At said hearing on October 27, 1993, said matter was continued to November 10, 1993, at which time said matter was again continued to November 22, 1993, et 9:30 a.m. At said hearing on November 22, 1993, Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Fred Otis, Attorney, represented the applicant and stated the proposed soil storage area, previously under contract to buy, now belongs to Laidlaw Waste Systems, Inc. He stated this amendment does not change the design operations plan, and discussed the efficiency to be gained in only having to move soil twice by storing it off-site. Mr. Otis presented a sketch plan, marked as Exhibit 0, which shows the existing landfill area, as well as the soil stockpile area. He explained the use is restricted to storage of dirt only, and stated this amendment does not Change the life of the landfill. He also mentioned this amendment, if approved, will decrease fugitive dust in the area. Mr. Otis introduced Rick Hoffman, Regional Landfill Manager for Laidlaw, and Dave Osatic, Design Engineer from Golder Associates, Inc. Mr. Osatic explained the only change to present operations is that the soil removed will be stored off-site, then returned to cover the landfill cell, when appropriate. Mr. Osatic presented a -diagram showing photograph points, and a chart depicting soil stockpile volume by phase, -narked as Exhibits L and M, respectively. He reviewed Planning Commission Exhibits B, C, D, E, and F, which are photos showing the proposed soil storage area, as well as the -proposed elevation of said area. Mr. Osatic also reviewed the exit routes and stockpile slopes, as well as the short and long-term erosion control -procedures, including a silt fence and vegetating any stockpile which is left inactive for a period of seven months. He stated there will be no visual impact to the area, and the stockpile height is much lower than the existing mounds. In response to questions from the Board, Mr. Osatic reiterated the maximum height of the stockpile will be an elevation of 5, 180 feet, which will be achieved in approximately seven years, at which time the soil will be returned to the landfill area over the following eight years. Mr. Osatic reiterated, for Commissioner Hall, the efforts to be taken concerning dust control and erosion include a three-foot silt fence, which catches sediments draining off a particular area; vegetating any stockpile which is left inactive for a period of seven months; and requiring the contractor to spray all roads when moving soil. In response 931165 RE: HEARING CERTIFICATION - LAIDLAW WASTE SYSTEMS (COLORADO) , INC. PAGE 2 to Commissioner Webster, Mr. Osatic pointed out the new 100-foot exit route which will be built to accommodate two-way scrapper traffic. Mr. Otis reviewed, for Commissioner Kirkmeyer, that a Development Standard of the present permit requires all landfill operations to cease when winds exceed 40 miles per hour; therefore, soil will not be hauled when winds are excessive. Trevor Jiricek, Weld _County Health Department, -explained the applicant did -ask that the present dust abatement plan be used to control this site, as well as the landfill site. Health Department staff agreed. In response to Commissioner Hall, Mr. Otis reiterated this will remain as a soil stockpile area only, and said Laidlaw has to plans to expand the landfill. Commissioner Baxter asked what steps are being taken in regard to the bird study the State Health -Department made. Mr. Osatic explained the applicant has submitted a bird control -plan to the State Health Department, but has not yet received comments back. He reviewed the pyrotechnical devices used to emit a sound which scares off the birds. No public testimony was offered concerning this matter. Commissioner Baxter moved to approve the request of Laidlaw Waste Systems (Colorado) , Inc. , for a Site Specific levelopment Plan and Amended Special Review Permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) 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. The motion was seconded by Commissioner Webster, and it carried unanimously. This Certification was approved on the 24th day of November, 1993. (`I►�, /� J7�J �J APPROVED: ATT-EST:, J �"/,,/y {� ,7/7 +�' BOARD OF COUNTY COMMISSIONERS ��/ """ii140/ /1/4/ L WELD COUNTY, COLORADO Weld County Clerk to t Board // BY: p 1 ✓ �i Lra <� Constance L. rbert, Chairman Deputy Clerk to the R@ard c ' W. // bster, Pro-Tem _TAPE1193-40 /ff, ' /G org E. Bax e DOCKET 1193-78 � �I Dale K. Tall PL0415 EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer 931165 NOTICE The Board of County Commissioners of Weld County, Colorado, on November 22, 1993, conditionally approved a Site Specific Development Plan and Amended Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Lai-dlaw Waste Systems (Colorado) , Inc. P.D. Box 320 Erie, Colorado 80516 LEGAL DESCRIPTION: Part of Section 29, Township 1 North, Range 68 West of the 6th P.M. , Weld bounty, Colorado TYPE AND INTENSITY OF APPROVED USE: A soil storage area for -an existing solid waste disposal site facility (sanitary landfill) in the -A (Agricultural) Zone District SIZE OF PARCEL: 260 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property tight. BOA-RD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD �n/^^� BY: �d P k / / Lea,L1 Deputy D erk to the Board PUBLISHED: December 9, 1993, in the Windsor Beacon 931 ►65 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I,S EITH_HANSEN,ct said County of Weld, being-duly sworn,say that Ism publisherof WINDSOR BEACON Town I North, a week] news pa NOTICE a t of the y p per havingageneral Circulation in said County, County and State, published in the town of WINDSOR, The Board of County Cabral° - in said County and State; and that the-notice, of which Cononlealpnersof Wald TYPE AND WTE the-annexed is a due copy, has been published in said Cwnry, Colorado, on N IY November 22, 1993, DF-rim—umr, A weekly for / _successive weeks, that-the notice aua99onay approved a area*WI was published in the regular and entire issue of every seY.SINa -Specific diapwa (liana number of the paper during the period and time af M velopm nt la eand f� ) r i publication, and in-the newspaper proper and not in a tbNL,Permit for-the A (Agri 'a0 AIM supplement,and that the first-publication of said notice property and purpose �° "'". was in saidpaper bearing thetlate°'the daacstbad below. ,( f ? ' cartoons'approval of B¢E Of 1�IICEL:819 ell"(_day of .�C d , AD., 19_, -and this plan creates a eaes''trnntatfau • z'-Q' '-�_ watad property right Faqun to gue a gig the last publication bearing the date of the psarntsoartide B9s1_ hams tea this df Title 24, C.R.S., as appoval sii,awit la a day of A.D., 19 and ameniled,-fora period m roe vat -that the-said WINDSOR BEACON has been published no seam continuously and uninterruptedly for the-period of 5 APPLICANT: Laidlaw BOARD *am 1p,' Consecutive weeks, in said County and State, prior to the WasteSystems COMMISSIONERS, _date of first publication of said notice, and the-same is a (Colorado), Inc, P.O. WELD LINTY, Ms-to,Erie,Colorado COLORAD@W newspaper within the meaning of an Act to regulate min - printing of legal notices -an advertisements, approved 1ipALDEeCgIPT10N. ST: DONALD D. May 18, 1931, and all prior cts ar as in force. tPart of Section 29, - f TO BY: SHELLY K. / / y M,ILLEpR_�,�V�D ° U 6 PUSHER iMMI � 4 INISMoksit O ik lb Subscri d and sworn to before me this �c9 day tbstisseen of ,.tn/;,,,.dl_em 1.9n_ NOTARY PUBLIC My commission expires 94-' v , /9940 931165 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF NOVEMBER 1993: DOCKET II 93-86 - AMENDED SPECIAL REVIEW PERMIT, NORTH AMERICAN RESOURCES COMPANY, C/0 CREW; DOCKET II 93-78 - AMENDED SPECIAL -REVIEW PERMIT, LAIDLAW WAST-E _SYSTEMS (COLORADO) , INC. DOCKET II DOCKET II PLEASE write or print yourmame legibly, your address and the IDOCKET # (as listed above) or the name of the applicant of the hearing you are -attending. NAME ADDRESS HEARING ATTENDING ' Y r l 1" k ((5 ('✓ifor (147/60() S. , ; / , ,r lLl„ Ill 2-z /.cp I , ,., t,ay ( t. Jc„.tit, Le.° (- tort-k 13 2-e loch A I U h-t_}r , IAt 5 q t? 1 F ( i 14-1..."),AC E'1 ?Leo 1fe_ I]�0, 6cfrAcr, L��c,.h/ /Cc, cccs'ee,Q /hitu ; c L�G1Z Sc. Ecllrr l yigJ 017.-F,') if, L&I/elft, 1 foil LI f_5 l/ii (Art; / Arc( /OSO /7/ , 5' ,4,,,/,,,t Go , 'i!?,c'Ff ( AK tt4Fi d /48 eV-fin etcytte £) k ELiE in/Die-ice ) �—ti t n (0f' J7 2 7 Sni c, Cif, /-11(,,, ((/ (.L Li <!f ilia". \( 6 (A �� s��,; (,, .1 (�( �� fnI ,`k ( (isk.. 931.14s ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 27th DAY OF October 1993: DOCKET # 93-76 - Special Review Permit, Howard and Jeannine Enos DOCKET # 93-77 - Special Review Permit, Howard and Jeannine Enos DOCKET # 93-78 - Amended Special Review Permit, Laidlaw Waste Systems DOCKET II PLEASE write or print your-name legibly, your address and the DOCKET It (as listed above) or the name of -the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ' y7_... 4- 1//r iu.t/t1c 4, f/G Y1 4116t.0-r� 1-51-441 ✓°7 ?3-,7G ' ��J ,) L%L�Zi'r r��I�v.t1,-r,tr'1r-r,.,�v �/- /r.<;2kr.'.,re�, '., _z 1{ - 7/5/1, )7 /L/rr r// i �2 0.'&4O (haN i 2t, E ,Llt/oe.ff_( ) 223 S bp/ Critie l.4+-rv✓9, CL 931'?.& LAIDLAW WASTE SYSTEMS, INC. January 12, 1993 Bill Webster Weld County Commissioner P. O. Box 758 Greeley, CO 80632 RE: Proposed Modification Dear Mr. Webster: This letter is written to express my thanks to you and to the other Weld County Commissioners and EnvironmentaLStaff. I-appreciate the time everyone took to consider our proposal during the work session on Monday. While the decision was not in our favor, we respect and accept your opinion on the matter. Were currently evaluating our-options in light of the outcome. Again, thank you for your time. I look forward to our future dealings with thecommission. Sincerely, Kevin T. Carel Director, Environmental Management KTC:0112weld 9001 AIRPORT FREEWAY, SUITE 500, NORTH RICHLAND HILLS,TEXAS 76180 (817) 485-9629 gc9 �677:( �1to) 931'65 c EXHIBIT i; STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH woe-c°roq Dedicated to protecting and improving the health and N� environment of the people of Colorado * 2,_ 4300 Cherry Creek Dr.S. Laboratory Building «' Denver,Colorado 80222-1530 4210 E.11th Avenue 1876 Phone(303)692-2000 Denver,Colorado 80220-3716 (303)691-4700 Roy Romer Governor November 8, 1993 Patricia-A.Nolan,MD,MPH Executive Director Rick Hoffman Laidlaw Waste Systems (Colorado), Inc. P.O. Box 320 Erie, Colorado 80516 RE: Denver Regional Landfill (South) - Inspection Weld County Dear Mr. Hoffman: On September 30, 1993 a representative of the Hazardous Materials and Waste Management Division of the Colorado Department of Health (the Division) inspected the Laidlaw South Sanitary Landfill located at 1441 Weld County Road 6, Weld County. The purpose of this inspection was to determine the compliance of the facility with the minimum standardsset forth in the Solid Waste Disposal Sites and Facilities Act Title 30,Article 20,Part 1, CRS as amended and with the-Regulations promulgated thereunder 6 CC-12 10072(the Regulations). A copy of the inspection report is enclosed for your reference. As a result of the inspection, the Division fords the Laidlaw South Sanitary Landfill is in compliance with the Regulations. The following observations were made-during theinspection: 1. Numerous wells were not constructed with either a concrete pad or a bentonite/sand apron to direct water drainage away from the well. These procedures are specified in the American SocietyFor Testing And Materials (ASTM) D 5092-90 sections 8.9.2.1 and 8.9.2.2. 2. Saturated soils and ponded water were evident from the west seep. Your letter to theDivision, dated October 7, 1993, indicated I incorrectly identified the eastseep on the inspection form. When, in fact, it was the west seep which-exhibited saturated soils and ponded water. 3. Approximately one dozen birds were observed. One shot from a pyrotechnics device was heard during the inspection. If you have any other questions, please contact me at (303) 692-3437. Sincere Roger Doakf Geologist -1- Solid Waste Section N0V l 7 1993 ))) Hazardous Materials and Waste Management Division !Weld Com j Planning Enclosure cc: T. Jiricek, Weld County Health Department K. Schuett, Weld county Planning Department file SW/WLD/LAI (South) 1B Inspection-Reports 9314165 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH ��o-Pcoto4. Dedicated to protecting and improving the health and F. $environment of the people of Colorado • 4300 Cherry Creek Dr.5. Laboratory Building • + Denver,Colorado 80222-1530 4210 E. 11th Avenue rsie Phone(303)692-2000 Denver,Colorado 80220-3716 —(303)691-4700 Roy Romer Governor Patricia A.Nolan,MD,MPH SOLID WASTE SITE AND FACILITY INSPECTION Executive Director Date 7 /SO / 93 FACILITY NAME I--RIDJV • `S\\L.1y1- COUNTY WELD FACILITY LOCATION: 1/ �// -V e`c\. Q ? J SITE DESCRIPTION:tc,A (4.9_ •• 1) /1\REPc 4,, c-sN/.-N. LOCATION: Twn: I Rmg: &9 ?()i Sec: aQ HSRF FACILITY: YES/ NO OWNER Name Address ? O - 84(1 City -_vr;e State Co Zip gni3/k Phone (3o3 ) n73 %�7 OPERATOR Name t_ cCI caLJ Ls SS S • Address City State Zip _ Phone ( )- - WASTE TYPES: Municipal/ Commerci IX Industrial/C—SpeciaiY Putrescible, Inert Ash Scrap Tire %\Y Construction & Demolition Debris) Other MINIMUM STANDARDS Prevents obnoxious odors Yes No Prevents fire, rodents, insect breeding and infestation e /No Adequate Intermediate Cover in. (Min. 12 in.) es o • Adequate Daily Cover I, o Alternate Daily Cover 931165 Xt... inns) DISPOSAL AREA OPERATIONS Minimize nuisance conditions e No Compaction to most dense volume Lies No Equipment type�rs7Ate SC�o PAL Co P.. e_ o Waste distributed in the smallest area es/No Working face size: /00 ft. x f ?> ft. Restricted unloading area or traffic flow CYe /No Prevent windblown debris <Yes No Windblown Debris Collection Frequency Wind Measuring Device On-site 0 Off-site Ye N. National Weather Service Office i E. Rlr'.?6rtr es/No Fencing e No Construction Type (n" (, 1`re 1'1 s L\ Prevents waste material and debris from escaping No Lack of debris accumulation along es o No Unauthorized public access without operator supervision es No Access controlled by: Fence Ve ) Gate yew Prevent Water/Wind erosion No Provide Dust Control /No Orderliness Orderliness e•/No SURFACE WATER Controls for run-on Yes No Diversion of water from the working face Y ,. No Provision for surface water drainage (no ponding) es o GROUND WATER/EXPLOSIVE GAS MONITORING Upgradient well Downgradient well e/No / Monitor wells properly maintained Yes No Sampling and analysis Frequency (-1onr-Ire.As-i Tested by EPA SW-846 �YegNo Statistical Method WNo Methane Monitoring Ye /No Facility structures VC5 Site Boundary ye-5 BURNING Approved incineration yesC No Open Burning_ Y /N Required Burning Permit NUMBER Date Yes REMARKS: C/� \\ \ O 1 Cv 2AQ , rt_�e 5 /)e e\ {� � Q Con,5-1�r J c�C J C YD\1/nA Q.l>, Mon.-4d r Tony ,991 931165 OPERATING RECORDS Yes No Location Waste volumes/types X (-)N c_71fir= Water monitoring Gas monitoring Approved operational plan X( Construction as-builts X Operational variances ' Training program X Special waste plan / Special waste records ,! Site safety plan X Certificate of Designation iN%K Pc.LL‘rTkb4 5�cc-. Ii # 1aW , (naP X oa-slrc SLI JDGE, RADIOACTIVE, AND HAZARDOUS WASTE Radiation detection device MA l- G")e r�-� 4 c:;\—i:ALA._ cl- ^SDI( ' No No Radioactive material accepted es No Hazardous Waste Screening a /Ns Records if hazardous waste has been received Yes 4. No unauthorized waste-water or septic sludge accepted (n/No COMPLIANC-E WITH REGULATIONS` es No REMARKS: Ro-r�`, 0,.._ ,,kr) �,_ c--}Q., %crl Ti-i)eJ` c-k nle,, C /L 6 :--P7 C h 1- Yd^a l •< 1.,]O--C- --- c?--41 <Sc_._Ti . s,,,r„ ) 5 w¢-.et. cs, A s,:c,7 w� -c4a", -r1.._ ec,.5a-- ,cqc, A C.-\\ R . PR-ESENT AT INSPECTION NAME REPRESENTING ff TITLE PHONE n LAo.-%k---114-, INSPECTOR P 00_,\-V-\-i May 1993 z 9311_65 :'), > cn moimigmemit -, c O N O N o CO C ,� >, in N OO -I N N W •r•NuuogetaVmd F� > t O O O � M �• in N C Z Zi 4 r E c Cl') ‘,/:; N co 4--) ^ - w ..... E" AZ 7 _1 O O O O � p d �" ,� WA °' t, w U L.^ -- N 1 2C4 UO O CS.. ,-. N M ,..0 Tip r4 t.13 cjj = NM in Z - - "'c, C P. UL1 U cu cc c....) = � VUV O L) 931.165 q _ 9 X. IL ST eti rt y fi'' ( / _._ice; ' �� „ ,•�, , \----,..- - ( % r nn,�—. _ //� 3 '\ HORST LANDF' # A �V % �-� . - � ,; �� r 1 5325 `•#2 19 'r; ms`s ^ / -Li mil -• ,oJ �u� 1 N. THL-ANDFILL (CLOSED), �_ 4 \\ tJj I (Tr/ _ _ . _ � , 5265 �� ' J W j - e i; L. -� A _ �; - .quo \ `\\ J1 �� N \ � ) �� I - `✓ . �. .1�+Yo - >-->— X 55 - �•_4,. 536; #3 =�' = #5 v �. - x IL-- % ‘ DRLS > i 'N� `-_LANDFILL ( ��-; v Nu - ��3 `y PROPOSED SOIL �' „,--) �..�c ,7 --- D_ '�* STORAGE AREA L� i �.�, , v-,- �, �� --��E- ; LAND ILL: ' y � p.�• ��- AID! ; � . . _V � , , r„,((�-� n, " „...,1 '.� jl - <, � ' \ �≥ �� j�� _ _ V tT �- / - 2 ` " PHOTO POINT �o �� j , . --,._� _�._ ' 0 2000 flail It `icecq �, T•— �, ( , � \ / f ,)l�� -fr--` 9"� 'dux—L :J nil _____—_<\.,s,-' "�� j �6 'Golder PHOTOGRAPH POINTS "'Associates Denver, Colorado CL ENT 40. e BDL �A'� SEPT 1993 -�" NC 923-2480 LAIDLAW/DRLS - "KE- RU SCALE AS-SHOWN : .c NJ;3E/ NC. STOCKPILE APPLICATION ,r. &w-•. DLO r1 NC rG,RE NO 931165 November 15, 1993 To: Connie Harbert, Chairperson, Weld County Commissioner$' with copies enclosed for all commissioners From: Judy Wiley 125 Stearman Ct. Erie, CO 80516 Re: Request from Laidlaw for 140 acre "Soil Storage Area I am writing in the hopes that my opinion will be heard ' on the above mentioned request before you. I have closely followed this issue and attended the previous hearings. Due to the fact that I will be out of the state when this is next scheduled to be heard, on November 22, 1993, I am hoping that this letter will be given the consideration before your board that I would have if I was able to present it in person. My concerns both as a citizen of Weld County and the town of Erie, as well as my neighborhood, is the intent with which Laidlaw makes this request. I followed the previous hearing for the expansion of their South Landfill and heard the 'Master Plan' with which they intended to develop the various cells in the dump. Now they say it would be in the best environmental interests of our area that the soil be moved only once as the various cells are opened and closed. That seems to me to be -a request for their convenience as well as one they know pushes the public' s "button" these days. They will still be moving the same net amount of soil and they are obligated to control the dust regardless, as they work there. It does not seem fair to expand their area of influence only as a matter of convenience for them. I, as their neighbor, would like to see the interests of this part of Weld County be represented by holding Laidlaw to their previously approved plan both for the development of the land fill, as well as for the amount of area it will take to do the job. It is highly suspicious to me that their request in -effect expands the boundaries of the dump - perhaps not for today, but most definitely it gives them an edge for whatever plans they have for that area for the future. I and my neighbors have been "assured" more than once in the past by the management at Laidlaw they had no intention of expanding their facility, and yet they did so last fall with no recollection of their words to us of exactly the opposite. I would ask that you set -a limit now — Laidlaw has a plan which they previously had approved and that they should follow through with that plan. There are other concerns for how the expanded working area will affect the area not the least of which is that the larger the area they work, whether it is with fill or with soil storage, the higher the _risk for an eventual problem with the seagulls and the nearby airport - hundreds of seagulls sf t on all those piles of _dirt, some of which would then be, if this is approved, about 1 /2 mile from the runway. I can see no cause, no need, for Laidlaw' s request except for their current convenience. They can do the job they were permitted to do with their present arrangement. Please say "NO" to this request for Laidlaw' s expansion into the 14D acres for a "soil storage area" . Thank you. /IL isezi 1w. [l`] DEPARTMENT OF HEALTH \\{� 1993 1517• 16 AVENUE COURT NOV GREELEY, COLORADO 80631 WI p c) , ADMINISTRATION (303)353.0566 HEALTH PROTECTION (303)353.0635 Weld County Planning COMMUNITY HEALTH (303)353-0639 COLORADO October 29, 1993 Rick Hoffman Laidlaw Waste Systems, Inc. P.O. Box 32D Erie, Colorado 80516 Dear Mr. Hoffman: The Environmental Protection Division of the Weld County Health Department has completed the review of the Second Quarter 1993 Monitoring, Laidlaw Denver Regional Landfill (North) , in Weld County, Colorado. The Division finds the document to be acceptable as submitted and has no further comment at this time. If you have further questions, please contact me at 353-0635. Sincerely, TYeVot'Jiric-ek Solid and Hazardous Waste Specialist TJ/cs-2176 cc: Roger Doak, Colorado Department of Health Keith Schuett, Weld County Planning Department EX A La f J 9 1?�6 c711tt DEPARTMENT OF HEALTH 1517 - 16 AVENUE COURT GREELEY, COLORADO 80631 WI O ADMINISTRATION (303)3530566 HEALTH PROTECTION (303) 3510635 COMMUNITY HEALTH (303)3530639 COLORADO October 7, 1993 Rick Hoffman Laidlaw Waste Systems, Incorporated OCT 0 9 1993 1 P.O. Box 320 Erie, Colorado 80516 Weld County Planning Dear Mr. Hoffman: On September 30, 1993, a representative of the Environmental Protection Division of the Weld County Health Department inspected the Laidlaw South Landfill, located at 1441 Weld County Road 6, Erie, in Weld County, Colorado. The purpose of the inspection was to inspect and assess the facility's compliance with the "Regulati-ons Pertaining to Solid Waste Disposal Sites and Facilities" as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. , as amended, and the Development Standards as set forth in U.S.R.-972. On this date, field inspection, this facility was found to be in compliance with both the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" and the Development Standard set forth in U.S.R.-972. However, it was observed on this date, that several monitoring wells at this facility were not constructed with a concrete apron to protect against surface water infiltration as recommended in Appendix A, Groundwater Monitoring Guidance document of the Colorado Department of Health. It is acknowledged, that this facility is currently working with both the Colorado Department of Health and Weld County to address this situation. If you have any questions regarding this inspection, please contact this office at 353-0635. Sincerely, Trevor Jiricek Solid and Hazardous Waste Specialist TJ/cs-2045 cc: Keith Schuett, Planning Department Roger Doak, Colorado Department of Health 931.65 - .,Kcr-≥_ _P o-Fzcas Fred C$ 2r D �J'F OAF .a Q a LAIDLAW WASTE SYSTEMS (COLORADO) INC. SEP 5 1993 DENVER REGIONAL LANDFILL - September 14, 1993 P Mr, Roger Doak ' C' Colorado Dept . of Health (44i 4300 Cherry Creek Dr. South Denver, CO 80222-2000 �e p Mr. Trevor Jiricek Weld Co. Dept . of Health 1516 Hospital Road Greeley, CO 80631 Gentlemen, As -part of the Site Specific Development Plan permitted under SUP 4400 dated July 15, 1992, LaidlaW Waste Systems (Colorado) Inc. was -directed to Complete and submit a bird hazard study and mitigation plan to you within 14 months. Enclosed for your review, you will find the completed report submitted by Stoecker Ecological Consultants, Inc. I have also enclosed 1 set of video tapes (10) to each of you for your review. • If you have any questions, or if I can be of further assistance, please feel free to contact me. Sinc ly Rick Hoff General Manager, Landfil Division Enclosures cc w/o tapes Laidlaw Waste Systems, Inc. , North Richland Hills, Texas SubTerra, Inc. , Redmond, Washington Golder Associates, Inc. , Lakewood, Colorado Federal Aviation Administration, Denver, Colorado Federal Aviation Administration, Renton, -Washington US Dept of Agriculture, ADC Division, Denver, Colorado Stoecker Ecological Consultants, Inc. , Boulder, Colorado 1441 WELD COUNTY ROAD 6, P.O. BOX 320, ERIE, COLORADO 80516(303)673.9431 FAX (303)673.9432 6)0 V i(7 SEP 20 '93 10:28 303 353 6712 PAGE.002 9311.-65 DOYLE, n+LEIN, OTIS, FREY, 1W!LERICII & LAZAR ATTORNEYS AT LAW Richard N. Doyle Suite 300 DENVER METRO Henry C. Frey BANK ONE PLAZA (303) 659-7576 Thomas E. Hellerich 922 7th STREET Roger A. Klein GREELEY, COLORADO 80631 FAX Michael A. Lazar (303)353-6712 Fred L. Otis (303) 353-6700 ° EC WE September 14, 1993 SEP 1 4 1993 11 ri Weld Rnunty Planning Ms. Gloria Dunn Weld County Planning Department P.O. Box 459 1402 N. 17th Avenue Greeley, CO 80632 Re: Amended USR-972 / Laidlaw Waste Systems (Colorado) Inc. Dear Ms. Dunn: This letter is intended to meet the requirements of Condition 7a as contained in the Department of Planning Services Staff Recommendation dated September 7, 1993. Condition 7a states: "The applicant shall submit an amended off-site maintenance and improvements agreement for the proposed changes in the haul route on Weld County Road 5 between State Highway 52 and Weld County Road 8." Please find attached the following items: 1. Letter dated November 19, 1992 from Fred L. Otis to the Weld County Commissioners requesting a waiver of an off-site Toad maintenance and improvement agreement for USR-972. 2. Letter from Lanell J. Swanson dated September 17, 1992 [although this letter is dated September 17, 1992, the writer believes the actual date was December 17, 1992 via typographical error]. 931165 Ms. Gloria Dunn September 14, 1993 Page 2 3. Letter dated January 14, 1993 from Miles Stotts, Regional Environmental Manager of Laidlaw Waste Systems, Inc., addressed to Lee Morrison. 4. Memorandum dated January 22, 1993 from Lee D. Morrison, Assistant Weld County Attorney to Lanell Swanson of the Weld County Planning Department. 5. A current summary of payments by Laidlaw on the Road Bond connected with Weld County Road 5 and a summary of the surcharges paid by Laidlaw via the Weld County Solid Waste Disposal Site and Facility Fund. The above documents evidence Weld County's position to waive, at least until 1995, a requirement for any off-site maintenance and improvements agreement. Laidlaw assumes that that waiver would apply to the amended haul route on Weld County Road 5 between State Highway 52 and Weld County Road 8. If this letter does not meet the requirement for Paragraph 7a of the Conditions for Approval, please contact me. Sincerely, /rn� Fred L. Otis Attorney at Law FLO:cas Enclosures c: Rick Hoffman 93145 DOYLE, KLEIN, OTIS, FREY, HELLERICH & LAZAR ATTORNEYS AT LAW RICHARD N.DOYLE SUITE 300 DENVER METRO HENRY C.FREY AFFILIATED NATIONAL PLAZA (303)65&7576 THOMAS E.HELLERICH 822 7th STREET ROGER A.KLEIN GREELEY,COLORADO 80631 FAX MICHAEL A.LAZAR (303)353-6712 FRED L.OTIS (303)353-6700 November 19, 1992 HAND DELIVERED 0 Weld County Commissioners OA `-'� P.O. Box 758 UUU Greeley, CO 80632 Re: Laidlaw Waste Systems, Inc., USR #972 Amending a Site Specific Development Plan and Special Review Permit for an Amended Design and Operations Plan-for an Existing Sanitary Landfill Permitted Under SUP#400 Dear Weld County Commissioners: I am writing to you with regard to your approval on July 15, 1992 of Laidlaw Waste Systems (Colorado) Inc.'s ("Laidlaw") Use by Special Review Application #972 to Amend Special Use Permit #400, which is part of the West one-half of the Northeast quarter and Fast one-half of the Northwest quarter, Section 29, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado. Your approval of the Amendment to Special Use Permit #400 was conditioned in part upon Laidlaw Waste Systems (Colorado) Inc. ("Laidlaw"), submitting, within six months, an off-site road maintenance and improvements agreement. The condition was stated as follows: 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 pays and 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. 9'1165 Weld County Commissioners November 19, 1992 Page 2 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. I am attaching a traffic analysis, labeled as Exhibit A. The purpose of this letter is to request that you waive an off-site road maintenance and improvements agreement because of the special circumstances that pertain to landfills generally in Weld County and because Laidlaw has paid more than its share of off-site road improvements by virtue of the payment of the special assessments to pay the local improvement district bonds on Weld County Road 5. You will recall that Weld County Ordinance No. 164 and the Weld County Home Rule Charter require the collection of a surcharge at all landfills within the County and such funds are to be placed in the Weld County Solid Waste Disposal Site and Facility Fund to be used for, among other items, "establishment, construction and maintenance of roads providing access to solid waste sites and facilities." While you customarily require an off-site road maintenance and improvements agreement, such an agreement should not be necessary for landfills because of the Home Rule Charter provision relating to surcharges for landfills and Weld County Ordinance No. 164. I am attaching an accounting, labeled as Exhibit B, showing $835,671.51 as the amount of money collected by Laidlaw, in the form of surcharges at 5 percent for inclusion in the Weld County Solid Waste Disposal Site and Facility Fund. As you know, the 5 percent fee has recently been increased to 10 percent. In addition to the above, please recall that Laidlaw and its predecessor in title have made all of the payments on the local improvement district bond for improvements to Weld County Road 5. I am attaching a schedule, labeled as Exhibit C, showing that Laidlaw and its predecessors in title have contributed $1,179,437.50 to the local improvement district through 1992 and will contribute a total of$1,541,437.50 through 1995. It also should be pointed out that the improvements to Weld County Road 5, which have been primarily funded by Laidlaw, are used and will be used in the future by other surrounding landfills and those other landfills will not have contributed in any form to 931165 Weld County Commissioners November 19, 1992 Page 3 the local improvement district bonds. In other words, it is Laidlaw's position that the other surrounding landfills should pay a larger percentage of off-site road maintenance and improvements for the roads they share if additional funds are necessary beyond the amounts collected by the surcharge specified in the Weld County Home Rule Charter and in Weld County Ordinance No. 164. In summary, Laidlaw believes that it has contributed and will contribute in the future to off-site road maintenance and improvements and that an additional agreement is unnecessary. We would appreciate your review of the attached material and an indication as to whether or not you would be willing to waive the requirement of an additional off-site road maintenance and improvements agreement. Sincerely, Fred L. Otis Attorney at Law FLO:cas c: Department of Planning Services Attn: Lanell Swanson Weld County Attorney Attn: Lee Morrison i " Weld County Engineer Attn: Drew Scheltinga Rick Hoffman, Laidlaw Waste Systems Miles Stotts, Laidlaw Waste Systems 9,31'65 Jai f ojer'4 der LAIDLAW WASTE SYSTEMS INC. DENVER REGIONAL LANDFILL 2uly 6, 1992 Ms . Lanell J. Swanson Weld County Planning Services 915 10th Street Greeley, Colorado 80631 Subject: fic Analysis Denver Region dfill (South) Amendment of SUP-400 USR-972 Dear Ms. Swanson: This letter presents the results of a traffic analysis performed on June 18 through 20 and June 29 through July 1, 1992 . A survey of traffic entering the site was performed on the above referenced dates (a full operating week) . The vehicles were separated into three classes: 1 . cars, pick-ups and vans; 2 . dump trucks and end dumps; and 3 . commercial refuse trucks. Commercial refuse trucks includes transfer trucks and all varieties of residential collection and hauling vehicles (e. g. , front loaders, side loaders and rear loaders) . The drivers were asked which of the following routes were used to access the site. 1. From Denver - North on I-25, west on Color-ado 7 and north on Weld County :Road 5. 2 . From Lafayette - East on Colorado 7 and north on Weld County Road 5. 3 . From Ft. Lupton - West on Colorado 52 and south on Weld County Road 5. 4 . From Northwest Areas - East on Colorado 52 and south on Weld County Road 5. wPrOTOOK 1441 WELD COUNTY ROAC A COLORADO 80516 (303) 673-9431 EXHIBIT 9314.CC if4®Q®Q Q Ms. Lanell J. Swanson July 6, 1992 Page 2 The results of the traffic survey are shown on Table 1 and the access routes are shown on Figure 1. I trust that this letter and attachments meet your need for a traffic analysis. Please call if you have questions or need additional information. Sincerely, LAIDLAW WASTE SYSTEMS, INC. $‘1144-Calc- Rick Hoffman Division Manager 9311.65 ACTA®n®A® Ms . Lanell J. Swanson July 6, 1992 Page 3 Table 1 . Results of Traffic Survey From From From Vehicle From Lafa- Ft. North- Type Day Date Denver yette Lupton west Totals Cars, Pick-ups and Vans Mon. 6/29/92 73 44 8 12 137 Tue. 6/30/92 37 30 6 10 83 Wed. 7/ 1/92 43 32 2 7 84 Thu. 6/18/92 35 32 0 7 74 Fri . 6/19/92 34 30 4 9 77 Sat. 6/20/92 70 59 8 22 159 Subtotal 292 227 28 67 614 Dump Trucks and End Dumps Mon. 6/29/92 17 15 0 3 35 Tue. 6/30/92 15 15 0 3 33 Wed. 7/ 1/92 38 13 12 3. 64 Thu. 6/18/92 37 17 2 6 62 Fri. 6/19/92 43 42 0 5 90 Sat. 6/20/92 3 4 0 2 9 Subtotal 153 106 14 20 293 Commercial Refuse Vehicles Mon. 6/29/92 151 50 4 8 213 Tue. 6/30/92 147 50 1 7 205 Wed. 7/ 1/92 158 53 1 6 218 Thu. 6/18/92 139 45 1 3 188 Fri. 6/19/92 111 32 3 4 150 Sat. 6/20/92 51 11 0 2 64 Subtotal 757 241 10 30 1, 038 Grand Total 1, 202 574 52 117 1, 945 Note: Haul routes are explained in the text. 921165 r!q FIGURE 1 ACCESS ROUTES FROM FROM NORTHWEST COLD FT. AREAS 52 LUPTON I-25 4 mai ERIE N Q) co in 0 I N W.C.R. N 5 CJ Z / ! FROM COLD /._,\\ LAFAYETTE 7 0 a. 1 2 ` FROM APPROX. SCALE IN MILES DENVER 9731165 DEPARTMENT OF PLANNING SERVICES ' PHONE (303)3533845, EXT. 3540 e• WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORAD September 17, 1992 F`I i uEC Fred L. Otis, Attorney at Law Doyle,y Klein,klein Otis, Frey, --- - .Heiierich and Lazar Affiliated National Plaza 822 7th Street, Suite 300 Greeley, CO 80631 Subject: Laidlaw Waste Systems, Inc. , USR-972 Dear Mr. Otis: The Board of County Commissioners has considered your request on behalf of Laidlaw to waive the Road Improvements Agreement because of the special circumstances that pertain to landfills generally in Weld County and to Laidlaw specifically. The Board has agreed that no additional payment should be required at this time other than those imposed by County Ordinance. However, the Board would require execution of an agreement to re-open the issue of road maintenance at such time as the bonds are paid off on Road 5. If you have any questions about the form of the agreement, please call Lee Morrison, Assistant County Attorney. Please let me know if you have any other questions . Sincerely, Lanell J. Swanson Current Planner pc: Board of County Commissioners Lee Morrison, Assistant County Attorney 931'".6.' 1r4,70 LAIDLAW WASTE SYSTEMS INC. r � January 14, 1993 Mr. Lee Morrison _ Assistant County Attorney, Weld County 915 10th Street Greeley, CO 80631 RE: Laidlaw Waste Systems (Colorado) Inc.NSR 972 Amending a Site-Specific Development Plan -and Special Review Permit for an Amended Design and Operations Plan for an Existing Sanitary Landfill permitted under SUP 400 Dear Mr. Morrison: This letter is written to confirm Laidlaw Waste Systems (Colorado) Inc.'s ("Laidlaw") understanding of the Weld County Commissioners'(the"Commissioners") position regarding Conditions 3a and 3b of the Resolution dated July 15, 1992, approving the referenced Application. You have asked for a letter from Laidlaw confirming such understanding and this letter is written in response to such request. 1. With regard to Condition 3a, which is a condition that-requires Laidlaw to propose a performance agreement guaranteeing proper closure and post-closure monitoring of the sanitary landfill, it is our understanding that the Commissioners prefer that Laidlaw delay filing aproposed agreement until a determination is made as to the final Colorado regulations implemented under Sub-Title. You have advised us that the proposed Colorado regulations may prevent local government from requiring financial assurances for closure and post-closure monitoring, and therefore, any agreement Laidlaw makes now might not fit the new regulations or may be unnecessary. Laidlaw is willing to await the new regulations and will propose financial assurances for a closure and post-closure monitoring agreement in the event an agreement is requested from the Commissioners and not unnecessary under the regulations actually adopted. The type offinancial assurance is a matter that Laidlaw would like to negotiate with the Commissioners in the -event they require such an agreement. 2340 S. Arlington Heights Road, Suite 230. Arlington Heights, Illinois 60005 (708) 439-6686 (800) 288-2909 Fax (708) 439-6716 • 931_165 -- ►�i'Printed on Pacvcled Paper Mr. Lee Morrison January 14, 1993 Page 2 2. With regard to Condition 3b, Laidlaw's attorney, Fred L. Otis, has written a letter to you suggesting reasons why a proposed off-site road maintenance and improvements agreement is unnecessary where: a) Laidlaw and its predecessors in title have made all the payments on the existing local improvement district bond for improvements to Weld County Road 5 in the amount of $1,179,437.50 through 1992 and will contribute $1,541,437.50 through 1995; b) Laidlaw has contributed$835,671.50 to the Weld County Solid Waste Disposal Site and Facility Fund, a portion of which is used for roads and will be required to continue and contribute to such fund which has recently been increased from 5 percent to 10 percent. c) Laidlaw has contributed a disproportionate amount to the local roads compared with other landfills in the area. You have advised Attorney Oris, that the Commissioners are willing to temporarily waive condition 3b if Laidlaw is willing to acknowledge that the waiver is not final and that the Commissioners may in the future require an off-site road maintenance and improvements agreement; but no sooner than December, 1995 (the date the local improvement bonds are paid in full or would be paid in full if there is not an early retirement of such bonds). You have advised Attorney Otis that the criteria for-evaluating future contributions by Laidlaw will take into account Laidlaw's impact on Weld County Roads in relation to other users and also taking into account Laidlaw's past contributions as outlined above. Laidlaw would appreciate a written acknowledgement of the Commissioner's approval of the matters contained in this letter. Sincerely, CiLi/tt— • Miles Stotts Regional Environmental Manager MS/cs cc: Lanell Swanson Rick Hoffman Fred L. Otis 931165 foe tfi mEm®RA ®um tilikLanell Swanson, ?alarming Dept. Date January 22, 1993 COLORADO From Lee D. Morrison, Assistant Weld County Attorney subject: Amended SUP-400 Laidlaw Waste Systems Item 3a and 3b have been reviewed by the Board at my request. Item 3a would have required a closure and post-closure monitoring agreement and posting of security. The Colorado Solid Waste Regulations, which are likely to be adopted prior to May of this year, have extensive language implementing federal requirements under subtitle D of RCRA regarding security for closure and post- closure monitoring activities . The Board has agreed that rather than attempt to reach an agreement with Laidlaw at this time only to have those agreements superseded by agreements reached under state regulations, it would be more appropriate to have Laidlaw reach those agreements with the State. In the event that the State does not adopt its regulations (which appears unlikely) Laidlaw has agreed to enter into such agreements with the County. The Board has approved this approach. Item 3b dealt with the issue of the contribution towards road improvements . Laidlaw is currently paying on bonds which finance the original construction of Weld County Road 5 the two miles north of State Highway 7 leading to the site. Laidlaw has agreed, and the Board has accepted, to reopen discussions at such times as the bonds are paid off as to the future contributions of Laidlaw toward road improvements . The confirmation of Laidlaw position has been contained in correspondence from corporate officers previously provided to you. &°- /X7\ L://e6 D: Morrison LDM/db / pc : Fred Otis' 9u1-'.6$ ROAD BOND LONG-TERM DEBT Date Percent Payment Interest Principal Balance 1,000,000.00 1986 9.993750 199,937.50 99,937.50 100,000.00 900,000.00 1987 9.416667 184,750.00 84,750.00 100,000.00 800,000.00 1988 9.593750 176,750.00 76,750.00 100,000.00 700 00000 1989 9.750000 168,250.00 68,250.00 100,000.00 600,000.00 1990 9.875000 159,250.00 59,250.00 100,000.00 500,000.00 1991 10.000000 150,000.00 50,000.00 100,000.00 400,000.00 1992 10.125000 140,500.00 40,500.00 100,000.00 300,000.00 1993 10.250000 130,750.00 30,750.00 100,000.00 200,000.00 1994 10.375000 120,750.00 20,750.00 100,000.00 100,000.00 1995 10.500000 110,500.00 10,500.00 100,000.00 0.00 1,541,437.50 541,437.50 1,000,000.00 SURCHARGES PAID September, 1992 23,629.81 October, 1992 22,906.67 November, 1992 23,798.07 December, 1992 20,624.70 5% January, 1993 21,149.64 10% February, 1993 40,743.45 March, 1993 31,208.89 April, 1993 39,393.90 May, 1993 47,753.61 June, 1993 48,061.22 July, 1993 56,627.25 August, 1993 49,278.61 425,175.82 93.1 65 SEP 20 '93 11:25RM DKOFH&L LRW OFFICES Fred /D (j Pl r 11.» Jff4 © � r � odr A O A SEP 1 5 1993 LAIDLAW WASTE SYSTEMS (COLORADO) INC. DENVER REGIONAL LANDFILL September 14, 1-993 1, ©uSa r' 1P Los Mr, Roger Doak 6 Colorado Dept . of Health Gi 4300 Cherry Creek Dr. South I, Denver, CO 80222-2000 Mr. Trevor Jiricek Weld Co. Dept . of Health 1516 Hospital Road ' Greeley, CO 80631 Gentlemen; As part of the Site Specific Development Plan permitted under SUP #400 dated July 15, 1992, Laidlaw Waste Systems (Colorado) Inc. was directed to complete and -submit a bird hazard study and mitigation plan to you within 14 months. Enclosed for your review, you Will find the completed report submitted by Stoecker Ecological Consultants, Inc. I have • also enclosed 1 set of video tapes (10) to each of you for your review. • If you have any questions, or if I can be of further assistance, please feel free to contact me. • 6inc ly{( Rick Hoff General Manager, Landfii. Division Enclosures cc w/o tapes Laidlaw Waste Systems, Inc. , North Richland Hills, Texas 8ubTerra, Inc. , -Redmond, Washington , Golder Associates, Inc. , Lakewood, Colorado Federal Aviation Administration, Denver, Colorado Federal Aviation Administration, -Renton, Washington , US Dept of Agriculture, ADC Division, Denver, Colorado Stoecker _Ecological Consultants, Inc. , Boulder, Colorado 1441 WELD COUNTY ROAD 6, P.O. BOX 320, ERIE, COLORADO 80516 (303)673.9431 FAX (303)673.9432 va SEP 20 '93 10:28 303 353 6712 PRGE.002 9311(65 F • It DEPARTMENT OF HEALTH 1517 - 16 AVENUE COURT GREEDY, COLORADO 80631 Mil et ADMINISTRATION (303)353-0586 HEALTHTROTECTION (303)353-0635 COMMUNITY-HEALTH (303) 353-0639 COLORADO October 7, 1993 0 c� Rick Hoffman Jj !toai993i Laidlaw Waste Systems , Incorporated L P.O. Box 320 Erie, Colorado 8051-6 Weld County Planning Tear Mr. Hoffman: On September 30, 1993, a representative of the FnvironmentalProtection Division of the Weld County -Health Department inspected the Laidlaw South Landfill, located at 1141 Weld County Road 6, Erie, in Weld County, Colorado. The purpose of the inspection was to inspect and assess the facility's compliance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Tart 1, C.R.S. , as amended, and the Development Standards as set forth in U.S.R.-972. On this date, field iospection, this facility was found to be in compliance with both the "-Regulations Pertaining to Solid Waste Disposal Sites and Facilities" and the Development Standard set forth in U.S.R.-972. However, it was observed on this date, that several monitoring wells at this facility were not constructed with a concrete apron to protect against surface water infiltration as recommended in Appendix A, Groundwater Monitoring Guidance document of the Colorado Department of Health. It is acknowledged, that this facility is currently working with both the Colorado Department of Health and Weld County to address this situation. If you Lave any 'questions regarding this inspection, please contact this office at 353-0635. Sincerely, Trevor Jiricek Solid and Hazardous Waste Specialist TJ/cs 2O45 cc: Keith Schuett, Planning Department Roger Dnak, Colorado Department of Health 93115 0 `OT Li t,C4 TOWN OF ERIEel' .i, . _.. r 2 i 3gLZ 4 ' 645 ERIE,HOLBROOK P.O.BOX 100 1', 'it ' . '!"" '• C ERIE,COLORADO -80516 1' �'' " ' LOCAL(303)828-3843 `* __ r �' /�/� n r METRO(303)665-3555 \.., �/ , // "- .-: .._es74- October 21 , 1993 Weld County Commissioner's P .O . Box 758 Greeley, CO 80-632 Dear Commissioners : The Town of Erie objects to the expansion of landfilling activities -for the Laidlaw South site . The site extends the landfilling activities to within 1 mile of the Tri-County Airport . On October 20 , 1993 , FAA administration effiDials and I visited the site . Large numbers of birds -were roosting -on and s-wirling around the existing soil stockpiling area, which is located toward the airport from the trash fill area . Nanc-e Early or Scott Hentrickson of the FAA can verify this situation . They can be reached at 286-5545 . Biris are attracted to the soil stockpile for many reasons (see enclosure ) . Soil stockpiling is a continuous Landfill activity . The proposed soil stockpile is located toward the airport . Therefore , increase bird problems will occur on a continuous basis towards the airport . -There are many other reasons Erie is opposed to the expansion . These reasons have been raised in earlier commu-nications . Recently, I _believe , a Weld County Planning Commissio-er stated that the reas-on he voted against -a prison planned to be located in the Dacono area was that it did not appear to benefit the citizens in the area. Is this landfill expansion a benefit to citizens of this area? Of course not ! ! Virtually all the trash comes Pram Denver metro and Boulder County. Please vote to stop the expansion of landfilling activities requeste-d in Meld County case number "Amended USR - 972" . Respec fully, -Sco t�A. idC/9 Erie Town Administrator SAH: js d i".wp wk Nlyt .admi iii-t\ZQ93\ -t . 931165 POLICE DEPT. P.-O._BOX 510 METRO{303)449-3156 LOCAL(303)828-3200 LONGMONT FIRE PROTECTION DISTRICT (303)666-4404 ff41 OOfQ LAIDLAW-WASTE SYSTEMS (COLORADO) INC. DENVER REGIONAL LANDFILL July 21 , 1993 VIA HAND DELIVERY Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80_632 Re : Laidlaw Waste Systems (Colorado) , Inc . Ladies and Gentlemen: As you may know, Laidlaw Waste Systems (Colorado) , Inc . ( "Laidlaw" ) has recently submitted for your review and consideration an Application for an Amended Use By Special Review Permit (the "Application" ) concerning soil storage during construction and operation of Laidlaw' s South Landfill located in unincorporated Weld County. This letter is intended to inform you of and clarify for you certain recent actions taken by the Board of Trustees for the Town of Erie (the "Erie Board" ) with regard to the South Landfill , and Laidlaw's anticipated response thereto . The Soutt Landfill was originally issued a Special Use Permit by the Weld County Board of County Commissioners ( "Weld County" ) in December 1979 . In July 1992, Weld County approved a vertical expansion of the South Landfill, issuing a Special Review Permit for the expansion. On July 16, 1993, Laidlaw filed the Application, which requests the addition of a soil storage area located on approximately 100 acres to the southwest of and adjacent -to the -existing South _Landfill .ill . As the Application notes, the Design and Operations Plan submitted by Laidlaw in conjunction with the Special Review Permit issued in 1992 is not being amended by the application. In fact , the Colorado Department of Health, by letter dated April 9, 1993, has stated that " . . . the proposed offsite stockpiles to the southwest of the permitted facility would not constitute an amendment -to the de-sign and operations plan. " 1441 WELD COUNTY ROAD 6, P.O. BOX 320, ERIE, COLORADO 80516(303)-673-9431-FAX (303)673-9432 yl:ghb/f If"AFTCPAY The primary purpose of this letter is to inform you of recent actions, of which you may or may not be aware, that have been taken by the Erie Board with regard to the approved expansion of the South Landfill . Because the South Landfill is located in unincorporated Weld county, it lies outside the jurisdiction of the Town of Erie for all purposes, including the approval and regulation of solid waste disposal activities . However, in April 1991 , the Erie Board passed Erie Town Ordinance 414 ( "Ordinance 414" ) which purports to prohibit the operation of solid waste disposal facilities located within one mile of the outer limits of the Town of Erie which are deemed to be "offensive and unwholesome . " The expansion of Laidlaw's South Landfill was fully approved after public comment and a hearing by Weld County and the Colorado Department of Health, the authorities with statutory jurisdiction over the landfill . Despite this fact , in January and February, 1993, the Erie Board conducted its own public hearings concerning the application of Ordinance 414 to the South Landfill expansion. These hearings culminated in a resolution passed by the Erie Board on June 24, 1993, finding, without justification or support , the South Landfill expansion to be "offensive and unwholesome" within the meaning of Ordinance 414 and purporting to prohibit continued operation of the South Landfill . At the same time, the Erie Board passed an oral motion temporarily staying any enforcement of the resolution. Laidlaw strongly believes that the actions taken by the Erie Board on June 24, 1993, and in passing Ordinance 414, which purports to be based on a more than 100-year-old statute directed at slaughterhouses and "privy vaults, " are inappropriate, illegal and otherwise in excess of the Board' s jurisdiction and authority. As discussed in more detail in the "Position Paper" submitted by Laidlaw to the Erie Board during the public hearing process (a copy of which is enclosed) , Ordinance 414 exceeds the scope of the Erie Board's authority and is preempted by statutory and regula- tory authority adopted to specifically and comprehensively control landfill operations in Colorado. Ordinance 414 cannot be used by the Erie Board to circumvent or render meaningless the statutory authorities which provide Weld County with the sole authority to approve the landfill expansion. Moreover, 1t is inappropriate to apply Ordinance 414 to the expansion of the South Landfill because the Colorado Department of Health and Weld County requirements, and the conditions of the Special Review Permit issued in July 1992 , ensure that the landfill expansion will present no threat to ( 2 ) "1165 9":. JA iffl OA APY the health, safety and welfare of the citizens of the Town of Erie . It cannot be demonstrated that the South Landfill is "offensive and unwholesome" based on any of the criteria contained in the Ordinance, and the Erie Board failed to undertake or conduct any factual inquiries necessary to support its conclusions . On July 21 , 1993, Laidlaw filed a Complaint in the District Court for Weld County challenging the legality of Ordinance 414 and the June 24, 1993 determination of the Erie Board. For the reasons discussed above and _others, Laidlaw believes it will prevail in this legal challenge. The recent inappropriate actions on the part of the Erie Board should not impact Weld County' s consideration of the Application which pertains only to the addition of a soil storage area for the already fully approved expansion of the South Landfill . Indeed, Latdlaw may seek Weld County' s assistance at some point in demonstrating the appropriateness of the approval for the landfill expansion. Laidlaw would be pleased to address any que-stions or concerns Weld County may have relating to the actions of the Erie Board or other aspects of the Application at any hearing which may be scheduled in this matter. We thank you for your assistance, and look forward to continuing the positive relationship that has existed between Laidlaw and Weld County. Very my ours, Rick Hoffman General Manager Denver Landfill Division Enclosure cc : John D. Fognani, Esq. Christopher L. Thorne, Esq Dick Van Wyck Scott Wender ( 3 ) POSITION OF LAIDLAW WASTE SYSTEMS INC. REGARDING APPLICATION OF TOWN ORDINANCE 414 TO THE SOUTH LANDFILL EXPANSION A. INTRODUCTION The vertical expansion of the Denver Regional South Landfill (the "South Landfill") is an activity which is not inherently offensive or unwholesome under the criteria specified in Town Ordinance 414, nor does it otherwise present a threat to the health, safety, and welfare of the citizens of the Town of Erie. The South Landfill expansion meets all applicable regulatory requirements, specifically those of the Colorado Department of Health ("CDH") (see Exhibit 1; letter from Ms. Austin Buckingham, CDH, to Mr. Rick Hoffman dated April 28, 1992) , and has been approved by the Weld County Board of Commissioners ("Weld County") which issued a Site Specific Development Plan and Special Review Permit (the "Special Review Permit") for the design and operation of the landfill expansion (Exhibit 2) . Additionally, it is clear that the expansion of the South Landfill is consistent with regulatory requirements of the Federal Aviation Administration ("FAA") , and is compatible with operations at the Tri-County Airport. It is inappropriate to apply Town Ordinance 414 to the expansion of Zaidlaw's South Landfill because CDH requirements and the conditions of the Special Review Permit ensure that the landfill expansion will present no threat to the health, safety, and welfare of the citizens of the Town of Erie. A determination under Ordinance 414 that may affect Laidlaw's continued operation of its state-of-the-art landfill cannot be justified on the basis of any available or tangible evidence or information. Moreover, it cannot be proven or demonstrated that any of the criteria contained in the Ordinance is violated or breached by operation of the land₹ill. Rather, it appears that the Town's utilization of Ordinance 414 is an inappropriate and unjustified attempt to eliminate -Laidlaw's South _Landfill -from operation without regard to whether the landfill can to operated in conformity with the Town's requirements and in a manner consistent with the Ordinance's parameters assuring against unwholesome and offensive activities. Further, Ordinance 414 exceeds the scope of statutory authority and _cannot be used to contravene an entire body of statutory and regulatory authority adopted to control specifically and comprehensively landfill operations in Colorado. The 90-year old statute relied on ty the Town of Erie in adopting the ordinance cannot be used to 931165 circumvent or render meaningless a more recently enacted and specific Colorado statute which provides Weld County with the authority to approve the landfill expansion. Rather, the out-dated statute was intended to regulate or control nuisance-related conditions existing at the turn of the century (esq. , dead carcasses, slaughterhouses, pigsties, privies, etc. ) that were not otherwise addressed or controlled. B. ANALYSIS OF ORDINANCE CRITERIA • 1. Effect on Surrounding Property. The South Landfill expansion (a vertical expansion of the existing permitted landfill) was deemed necessary as a result of the placement of an environmentally protective double liner. Although a double-lined facility was not required by law, Laidlaw voluntarily provided this additional protection as a matter of good management. The vertical expansion is compatible with the existing surrounding land uses which include a landfill currently involved in closure activities, two proposed landfills, agricultural activities, and oil and gas production. As a result, the vertical expansion of the existing landfill, which incorporates state-of-the-art design features, will have little or no impact on property or property values in the area. In approving the expansion, Weld County found that it would be "compatible with surrounding land uses in terms of general use, scale, height, traffic, dust, noise and visual pollution. " (See Exhibit 2, at 1. ) In addition, the Special Review Permit establishes conditions of operation which -will ensure that surrounding property is fully protected from any potentially adverse impacts arising from operation of the expanded South Landfill. For example, the Special -Review Permit provides for special measures to control blowing or illegally dumped debris and fugitive dust. 2. Convenience And Accessibility To _Potential -Users. Since Laidlaw is simply expanding an existing landfill, the location of the South Landfill remains convenient, familiar, and accessible to landfill users. The users may be from the Town of Erie, unincorporated Weld County, or the surrounding metropolitan area. Moreover, the South Landfill is the only existing, -operational landfill in the area, and closure or cessation of its activities would present a hardship to the very citizens alleged to be protected by the Town's actions. 2 93115 3. Ability To Comply With Health Standards And Operating Procedures Provided By The County. The Special Review Permit issued to Laidlaw by Weld County contains very detailed conditions requiring Laidlaw to operate the landfill in a manner which is fully protective of surrounding property and the health of potentially impacted persons. Weld County expressly determined that the standards of the Special Review Permit "will provide adequate protection of the health, safety and welfare of the neighborhood and County. " (See Exhibit 2, p. 2. ) Laidlaw has operated and intends to continue to operate the South Landfill in compliance with the requirements of the Special Review Permit and applicable regulations or requirements of CDH and Weld County. No allegations have been made, nor can any legitimately be made, that the South Landfill is not in full compliance with all applicable _State and County requirements. 4. Number Of Permitted Landfills And Capacity. In and around the Town of Erie there are four approved landfills at this time, including Laidlaw's North Landfill. The North Landfill was operated appropriately by Laidlaw until late 1992 . The South Landfill is the only permitted landfill in the area currently accepting solid wastes. Two other landfills, one in the Town and the other in unincorporated Weld County, have also been approved. If the number of landfills is a concern, the Town should allow the South Landfill to continue operating and hold in abeyance the opening of the landfill approved within the Town's limits. The initial Certificate of Designation issued for the _South Landfill already addressed and satisfied any requirement for demonstrating "need. " The issue of need is not an issue that must be separately addressed. 5. _Creation Of Offensive Impacts To The Senses Of Sight, Smell And Hearing. The South Landfill is not offensive to the senses of sight, smell or hearing. The Special Review Permit provides adequate controls on activities at the South Landfill which could potentially impact the senses of persons in the area. For example, the Special Review Permit establishes specific noise and odor limitations. Consistent with CDH regulations, the Special 'Review Permit requires that " [o]dors detected off-site shall not equal or exceed" odor -emission levels established in the Colorado Air 3 931%5 Pollution Control Regulations, and that "the maximum permissible noise level shall not exceed" the statutory allowable level for light industrial uses. Moreover, as mentioned above, the Special Review Permit requires that the landfill "be operated in a manner to control fugitive dust. " Laidlaw has implemented measures, including expanded water application and a vegetation program, to ensure that fugitive dust is not a problem. 6. Accumulation Of Putrescible Or Obnoxious Wastes. CDH regulations prohibit accumulation of any solid wastes that are not properly managed, and require that all wastes received at a facility be properly disposed of in a timely manner. The working face of the landfill is kept as small as reasonably possible at any particular time and does not exceed the maximum site specified in the Special Review Permit. In addition, no hazardous wastes may be disposed of at the South landfill. Compliance with these requirements is a condition of the Special Review Permit and is mandated by State law. 7, Improper Storage Which May Create A Hazard Or Nuisance. The Special Review Permit requires that all "stockpiled overburden, soil, and associated materials shall be managed to prevent nuisance _conditions. " Laidlaw has always operated, and intends to operate after expansion, the South Landfill in compliance with the applicable regulations and approvals, such as the Special Review Permit. No indications exist that the South Landfill expansion will present hazard or nuisance conditions. This state-of-the- art double-liner system ensures that potentially negative environmental impacts of the landfill, such as a release of leachate to ground or surface water, -will not occur. Indeed, as Scott Hahn, the Erie Town Administrator has acknowledged in a previous meeting of the Board, Weld County believes Laidlaw's South Landfill is the "best run landfill in Colorado. " (See -Exhibit 3; Minutes of April 10, 1991 meeting of the Board of Trustees of the Town of Erie. ) Additionally, the only significant case authority pertaining to the 90-year old Colorado statute on which Ordinance 414 is based, limits the Town's ability to address nuisance conditions. Abbott v. Wolfe, 131 P. 3E6 (Colo. 1913) . This case clarifies that the Town can only define a nuisance within town boundaries, and that it cannot, pursuant to the statute, prohibit or abate a nuisance within a mile beyond the outer boundari-es of the Town. 4 9211 65 C. COMPATIBILITY WITH TRI-COUNTY AIRPORT The Town of Erie has previously indicated that concerns exist related to the compliance of the South Landfill, which is located in the vicinity of Tri-County Airport, with FAA requirements, and in particular with requirements concerning obstruction of -horizontal air space and the potential of the expanded landfill to pose a bird strike hazard. However, it is clear that these concerns are wholly unsupported and remain unwarranted. First, there is currently unanimous agreement among the FAA, the Colorado Department of Transportation, and even the Town Administrator and the Town's counsel, that the landfill expansion is in compliance with horizontal air space requirements. (Stipulation at January 14, 1993 Hearing. ) Second, at this time, no information exists that the landfill expansion will pose a bird strike hazard to the Tri-County Airport. No bird strike incident has ever been reported, and the FAA's requirements have been met. Finally, issues related to the landfill's compliance with the horizontal air space and bird hazard requirements, as well as with other FAA requirements, is beyond the scope of the Town's authority. 1. The Landfill Expansion Will _Not Obstruct Horizontal Air Space. On September 28, 1992, the FAA issued a formal determination that the South Landfill Expansion poses "no hazard to air navigation" (Exhibit 4) . This determination remains in place and has been supplemented by the FAA to clarify that the landfill expansi-on fully complies with FAA requirements concerning horizontal air space. (See Exhibit 5; letter from Mr. Ted Melland to Mr. David O'Sadnick, dated January 26, 1993) . The Colorado Department of Transportation, Division of Aeronautics, concurs with the FAA determination in this regard. (See Exhibit 6; letter from Mr. Scott Brownlee to Mr. Ron Mile, dated January 26, 1993 . ) Moreover, during the January 14 , 1993 public hearing, the Erie Town Administrator and the Town's counsel conceded that the landfill expansion does not violate the FAA requirements concerning horizontal air space. 5 921465 2. No Information Exists Indicating That The Landfill Expansion _Poses A Bird Strike Hazard To The Airport. There is no evidence suggesting that a bird strike hazard exists due to activiti-es at the South Landfill. As indicated above, the FAA has determined that the landfill expansion poses no hazard to air operations at the Tri-County Airport. (See Exhibit 4. ) Likewise, all necessary approvals for landfill operations issued by Weld County and CDH have been obtained. However, as requested by CDH and subsequently by the FAA, since _October 2, 1992, Laidlaw has been conducting a bird strike hazard study at the landfill site. The study is directed by Dr. Robert Stoecker, a recognized expert in ornithology, who has been hired by Laidlaw as a consultant. The work plan for this study (attached as Exhibit 7) has been approved by CDH. Although the study will not be completed until September 24, 1993, a summary of Dr. Stoecker's findings to date are attached. (See Exhibit 8; letter from Dr Stoecker to Mr. David O'Sadnick, dated January 27, 1993. ) It is clear that the landfill -expansion does not violate FAA requirements concerning waste _disposal sites near airports. FAA .Order 5200.5A provides that disposal sites are considered incompatible with airports, as possible bird attractants, if located within 10,000 feet of any runway used by turbine-powered aircraft. FAA Order 5200.5A, at 3. The FAA considers turbine-use runways to be runways which involve more than 500 annual operations by turbine- powered aircraft. (See Exhibit 9; letter from Mr. Scott Frederickson, FAA, to Mr. Ron Uhle, dated January 28, 1993 . ) The FAA airport master record indicates that no operations of turbine dowered aircraft were recorded at the Tri-County Airport over a 12-month period ending March 27, 1992. Thus, because the distance from the landfill to the airport is approximately 5,40_0 feet and no information Exists indicating that turbine-powered operations at Tri-County Airport approach 500 annually, the landfill is compatible with the airport and in compliance with the applicable FAA requirements (i.e. , those pertaining to a distance of 5,000 feet) . 3. The Town Of Erie Is Not Authorized To Enforce FAA Requirements. Even if the expansion of the South landfill conflicted with FAA requirements, which is clearly not the case, the Town has no authority to enforce FAA requirements. Although municipalities may use their "zoning and building permit authority" to adopt and enforce rules "to protect the land area defined in [the FAA's regulations, ] " Colo. Rev. 6 931165 Stat. § 43-10-113, any such rules which the Town of Erie may have promulgated will have no application to unincorporated areas, such as the South Landfill. In addition, concerns relating to the landfill's compliance with FAA requirements can hardly bear on whether the landfill is "offensive" or "unwholesome" under Town Ordinance 414. As discussed in more detail below, the purported statutory authority for the ordinance was intended to -apply to unregulated activities such as slaughterhouses and pigsties, rather than to extensively controlled activities, such as county- and state-approved landfills. D. INVALIDITY OF ORDINANCE 414 Not only does the South Landfill expansion comply with all of the criteria of Ordinance 414, but the ordinance is invalid as applied to this site. Ordinance 414 exceeds the scope of statutory authority for prohibition of "offensive and unwholesome" business activities. This provision is archaic and has not been interpreted in over fifty years. Moreover, the few cases which do interpret the statute refer to such businesses as slaughterhouses and pigsties: businesses which at the time the statute was passed were largely uncontrolled and unregulated. A heavily regulated, county- and state-approved landfill site, does not fall within the same category as these types of businesses. In addition, state law preempts Ordinance 414. In a detailed statute, the state legislature outlined a comprehensive scheme for regulation of solid waste disposal sites. The legislature vested the counties with authority to regulate sites located in unincorporated areas. Similarly, municipalities may use this authority for landfills located within their jurisdictions. Weld County approved the South Landfill expansion after substantial consultation with CDH. Ordinance 414 violates statutory intent by allowing the Town of Erie effectively to veto a well-considered decision of Weld County and CDH. Moreover, the Town, like all other members of the public, was given the opportunity to participate in the approval process. In fact, the Town, through its Administrator, submitted comments and testimony throughout the process. Thus, any concerns the Town expressed were taken into consideration. E. UNANTICIPATED EFFECTS IN APPLICATION OF ORDINANCE 414 The Town of Erie must not use local authorities or police powers to achieve what may potentially be an anti- 7 9 314.65 competitive effect. More specifically, it appears that the Town of Erie, through imposition and enforcement of Ordinance 414, is attempting to achieve a competitive advantage by questioning or attempting to eliminate the operation of Laidlaw's South Landfill. Because it does not appear as though any legitimate technical or environmental- related concerns exist or have resulted in the initiation of this review process, it seems that the -Town is utilizing Ordinance 414 in an inappropriate manner. Moreover, this approach does not appear to be sponsored, approved, or authorized in any way by the State of Colorado. Quite the contrary, since the Colorado Department of Health has already approved the Special Review Permit for expansion of the South Landfill, it appears the State would insist on continued operation of Laidlaw's South Landfill. In Community Communications Co. v. City of Boulder, 455 U.S. 40 (1982) , the United States Supreme Court concluded that although Colorado's home rule statute grants extensive powers to municipalities, it does not immunize municipalities from antitrust attack. F. CONCLUSION The South Landfill expansion is not an "offensive" or "unwholesome" activity under Town Ordinance 414 . There are sufficient controls on the operation of the South Landfill, specifically those imposed by CDH regulations and the Special Review Permit issued by Weld County, to ensure that the public health, safety and welfare of the citizens of the Town of Erie have not been and will not be adversely impacted by the landfill expansion. Moreover, Laidlaw has voluntarily instituted additional protections, such as installation of a double liner. Any contrary finding by the Board of Trustees of the Town of Erie will be in direct conflict with determinations made by Weld County and CDH, the two entities with statutory authority over the design and operation of the landfill expansion. Finally, Ordinance 414, an invalid ordinance which far exceeds the scope of the purported authorizing statute, does not provide the Town with the authority to make such a decision. Due to the invalidity of the ordinance and its misapplication to the South Landfill expansion, Laidlaw reserves the right to seek recovery of its reasonable attorneys' and consultants' fees, as well as all other costs incurred by Laidlaw in defending the enforcement of Ordinance 414 . • 8 9314.65 EXHIBIT 1 9 i165 ROY ROMER ',WereNadat Maim Building.Deemer Governor (3m)5Z7A016 PATRICIA A. NOLAN, MD, MPH rtartrana(H 320 tmDeanaD •�.�..,`• Executive Director • Era National Hank BoleDoane5,Doane \.. poi)3$$6559 // Hazardous Matti-Ws sad Waste Management Division GnM;snake Offal COLORADO �.yiy��.yy ^^,��.yy��,��yy�� 4210 Eaa 11th A�enmc • 003)2484195 WI.JI.JAL'I�il4J Dawn.Wanda 11021.06 )331-4830/PAX(303)331-4401 Pueblo°got 5134641 DEPARTMENT April 28, 1992 Certified Mail No. P 533 510 858 Rick Hoffman Laidlaw Waste Systems, Inc. 1441 Weld County Road 6 P.O. Box 320 Erie, Colorado 80516 RE: Amended Design and Operations Plan Denver Regional Landfill (South) Weld County, Colorado Dear Mr. Hoffman: The Hazardous Materials and Waste Management Division (the Division) of the Colorado Department of Health has completed its review of the Amended Design and Operations Plan for the Denver Regional Landfill (South) . The review of the Amended Design and Operations Plan is performed under the authority of the "Solid Waste Disposal Sites and Facilities Act," Title 30, Article 20, Part 1 of the Colorado Revised Statues, as amended (the Statute) , and the "Regulations pertaining to Solid Waste Disposal Sites and Facilities." The Regulations were adopted for the implementation of the Statute and are contained in the Colorado Code of Regulations, 6 CCR 1007-2 (the Regulations) . The intent of the Amended Plait is to provide the revised site characterization, revised design and operations The ati plan for the Denver Regional Landfill (South) expsi on.expansion area is contained wholly within the existing Certificate of Designation area. The Division views this application as a substantial change in operations, meaning a redesign or planned construction which would significantly change the planned design performance of the facility as originally designated. A substantial change of the planned design or construction of the solid waste facility necessitates the submittal of an amendment to the Design and Operations Plan, and a Division technical review. Based on the information contained within the Amended Plan and the subsequent amendment to the Plan, the Division finds that the site meets the minimum standards of the Solid Waste Statute and Regulations with the inclusion of the following recommendations. The Division requests that these recommendations be incorporated in 9314.65 D�art�� • Rick Hoffman Denver Regional Landfill (South) April 28, 1992 • page 2/3 the Amended Design and Operations Plan for the Denver Regional Landfill (South) . • The recommendations are: • 1. All health laws, standards, rules and regulations for the Department, Water Quality Control Commission, Air Pollution Control Commission and applicable zoning laws and ordinances shall be complied with. 2. One or more faults may traverse the proposed site. The Division wishes to be kept apprised of fault location and conditions discovered during excavation. The Division may request permeability evaluation of the fault and/or additional monitoring. 3. If perched water conditions are encountered during excavation activities, the Division shall be notified within four working days. The Division may request that contingency plans be developed by the operator to mitigate perched conditions. 4. A Certification report shall be prepared by the Applicant and reviewed by the Division prior to commencing with landfilling in the lined portion of any cell. The report shall provide written evidence that the quality assurance plan was implemented and the construction was performed in conformance with the design criteria, the project plans and specifications. S. Appendix A of the Amended Design and Operations Plan specifies that non-destructive seam testing encwi ll performed; however the testing method and frequency of testing was not defined. The testing method and frequency shall be specified for the site and submitted to the Division for review and approval. If during the excavation, ongoing activities and monitoring of the site, information is revealed that changes the currently held concept of the site, the Division may request modifications to the design and operations, and monitoring program. In addition, regulatory changes that the Division may implement in the future may also become binding and necessitate modifications to design and operations plans. The Division cannot specifically require closure and post-closure 9311.65 • Rick Hoffman Denver Regional Landfill (South) April 28, 7.992 page 3/3 financial assurances. The inclusion of l assurances acommitments for the owner and operator of the sia site is recommended s • The Division requests written concurrence by the Applicant on all recommendations outlined above. Please contact Austin Buckingham at this office if you have any questions regarding the Divisions' recommendation for approval. Sincerely, Austin N. Buckingham Glenn Ma lory Geologist Unit Leader Solid Waste and Incid t Solid Waste and In ident Management Section Management Sectio Hazardous Materials and Hazardous Materials and Waste Management Division Waste Management Division cc:„B. Doty, Doty and Associates S. Hahn, Town of Erie D. 0'Sadnick, Golder Associates, Inc. 3. Pickle, Weld county Health Department S. Schreiber, Laidlaw Waste systems, Inc. K. Schuett, Weld County Department of Planning Weld County Commissioners file: SW/WLD/LAI South • 931t65 EXHIBIT 2 9�1?85 EXHIBIT 3 9314 65 • BOAMD OF TRUSTEES -C' 645 BOLBROOK, ERIE, COLORADO APRIL 10, 1991 The Board of Trustees of the Town of Erie, Counties of Boulder - and Weld, State of Colorado, met in regular session in the Town_Hall, 645 Holbrook, Erie, Colorado, at the hour 'of=7,09 p.m. All present at the meeting pledged allegiance- to the flag. There being present at roll call the following persons' - --- _ -. Presents John Torres, Oralia Sullivan, Lynn-Morgan, Debbie - Langerk,-Charles-Fobare - Absents Cindy Keith, excused, and Michael Woodruff, -- - - excused The Mayor ProTem declared a quorum present Also Presents Scott Hahn, Town Administrator Janice Murphy, Town Clerk ,r_ APPROVAL OF MINUTES None STAFF REPORTS SCOTT HAHN Stated that he had received a note from the Department of Health on the Dan Horst application. Anyone wishing to comment can send letters to them. Austin Buckingham will be at the next Board Meeting, April 25. Scott will be on vacation next week. There will be a meeting tomorrow night in Ft. Lupton with Southern Weld County towns attending. Will be receiving three RF'P ' s, one from WRC Engineering, RBD Engineering, and JR Engineering. These proposals will be submitted by this Friday. For the water project from bond money, the Town needs to request a minimum os $300,000. He stated that the excess could be used for other water projects. He stated that Doug Thorburn had said that Caralee Pierce ' s motion to reconsider the appeal was lost on the first attempt to dismiss the charges from the Town of Erie . • �. TOWN-OF- ERIE 2 BOARD OF TRUSTEES - APRIL 10, 1991 _= JERRY LADOUCER There will be burn days this month on April 20-21 and April /7- 20. He will get a special burn permit for this.-__He -wants to put out a special newsletter to the Town residents stating that there - will be burning on these days.---There will also be a free dump _ day onSundayApril 21 between-- th , hours oY 900 a.m. and 100_ — _ _ p_u. _He.:.wi-ll have ::a large tandem_from _C & M to haul for people who can not haul. ---This will be loaded on-Saturday and then taken out _on Sunday. The new police car has arrived but does not have the light bar or radio. Should be ready for street use in-two weeks. DAVE SELL --- - He has talked with the ditch rider, Bob Ferson, and that the Town could get a water run in the next week. Trustee Morgan asked if the repairs had been made to the sediment pond and was informed that they would be done the next week. JANICE MURPHY _ - _ She stated that the annual dog clinic had been held last Saturday, April 6, 1991 with 199 rabies shots given and 161 Town dog licenses issued. A special thanks was given to Trustee Rae Sullivan and her daughter Amy for coming out and helping. The liquor license hearing tor Cindy Roberts has been rescheduled for the next regular Board meeting, Thursday, April 25, 1991 . Reported on Scripps Howard contacting the Town and wanting to know about the amount that was due. They talked with Ruth and will have a check in the mail soon. There will be a Board of Adjustment meeting on Wednesday April 24 at 7:00 p. m. The Chairman asked that one of the Board member-s be present to answer questions. APPROVAL OF AGENDA Trustee Sullivan moved to amend the agenda to exclude the rubble ordinance and Trustee Fobare seconded. The Trustees unanimously agreed and Trustee Morgan declared the motion carried. Trustee Sullivan made the motion to approve the amended agenda and Trustee Fobare seconded the motion. The Trustees unanimously agreed and Trustee Morgan declared the motion carried. n 9:1'.65 TOWN OF ERIE - 3 BOARD O£ TRUSTEES APRIL 10, 1991 ---- - -- AUDIENCE BUSINESS ---- - Mr. John Ortiz came before the Board and stated that he would like to -- -open a restaurant where the ol-d Dilly Daily had been. This restaurant would-also- serve -liquor - beer and wine. Trustee- Fobare told -him to ,,,get an application from the Town Clerk and Tproceed from _there. ITEMS . ITEM G1 LANDFILL ORDINANCE Trustee Fobare abstained from this discussion. Mr Hahn stated that Doug had gone over the ordinance and that it had been made up verp.-_well.. Exhibit A would outlaw future landfills one mile - from the Town. Exhibit B states that all futurelandfills must come before the Board in a public hearing and be decided on a case-by-case basis. Both exhibit A and B are the same except that "B" should be reviewed by the Board and the review criteria Ta' -b- =and c" are from the state statutes. He stated that the Ted ` Zigan landfill will be reviewed May 5 and will go before the Weld "County Commissioners at the end of May. The state ►1A4 nLrendy '1 seed the his landfill providing he can comply with the state on the cling material guidelines. Scott stated that it was clear that the Town has the power to pass an ordinance of this magnitude. It will give the Board more land use control. Trustee Morgan stated that he liked "B" because it would give the Board more latitude and they could take advantage of opportunities that would come in the future. Scott also stated that Weld County informed him that Laidlaw was the best run landfill in Colorado. Trustee Sullivan moved that Ordinance 414 Exhibit B "AN ORDINANCE CONCERNING THE REGULATIONS OF LANDFILLS" be adopted by the Town of Erie Board of Trustees. Trustee Torres seconded the motion. Discussion was called. A roll call vote was taken. ROLL CALI, VOTE TRUSTEE TORRES YES TRUSTEE SDLLIVAN YES TRUSTEE MORGAN YES TRUSTEE LANGERAK YES TRUSTEE POBARE ABSTAIN Trustee Morgan, Mayor Pro Tem, declared the motion carried. Trustee fobare came back into the meeting. 9314.6S TOWN OP ERIE - 4 BOARD OF TRUSTEES APRIL 10, 1991 ITEM G2 - LANDFILL REPORT Scott stated that, according to the Walsh- Report, Laidlaw should go down a- few:.more teet to reach water- for testing purposes. There should be more testing on well 204 also. Re stated that _- Laidlaw would-be -.at_the-_next Board meeting: -. "Scott--also said -that the Walsh-report--said that there was nothing-of consequence at --- Laidlaw, except for well 103. - Everything else was running smoothly. ------- Trustee -Sullivan moved to approve the Walsh and-Associates Quarterly Review Monitoring of the Denver -Regional Landfill. Trustee Langerak seconded the motion and discussion was called. The Trustees unanimously approved the quarterly report and Trustee Morgan declared the motion carried. ITEM G3 - CONSIDERATION OF TOWN CONTRIBUTION INCREASE FOR TOWN EMPLOYEE INSURANCE BENEFITS The Town Clerk stated that it had been 10 years since the Board had raised the contributions the Town provides the employees for their health insurance. She also informed the Board that with this new insurance that we have, that in approximately six months it will be raised by 15%. She included in the packet, what the employees are paying for insurance now and what it will be with the 15% raise. Trustee Langerak stated that the Town should pay 100% coverage for the employee and work on some type of percentage for family coverage. Trustee Morgan stated that he would like to see a major medical with catastrophic coverage for the dependents. He would like to see a catastrophic health plan for just the dependents. He wanted to see the actual dollar amount that the Board would be looking at -for dependent coverage at this time. Trustee Sullivan made the motion for a 10 minute recess and Trustee Torres seconded the motion. The meeting recessed at 9: 00 p.m. Trustee Langerak made the motion for the meeting to reconvene in regular session and Trustee Fobare seconded the motion. The meeting reconvened at 9, 17 p.m. 9314.65 r` TOWN OF ERIE BOARD OF TRUSTEES APRIL 10, 1991 Trustee Fobare made the motion that .the.Town of- Erie pay 100% for the employees insurance and Trustee Sullivan seconded the motion. Discussion followed. A roll call vote was taken,___ _ -- ROLL CALL VOTE TRUSTEE TORRES YES TRUSTEE SULLIVAN YES TRUSTEE MORGAN YES TRUSTEE LANGERAK - YES TRUSTEE FOBARE YES _ Trustee Morgan, Mayor Pro Tem,`declared the motion carried. 12 J r. .. Trustee Fobare stated that the Town' Cle k' k into other insurance for the dependents. What will it cost the Town. Some things to look for would be major medical, 80/20 plans, and other insurance plans. He would like to have this information brought back to the Board. He also wants to know who wants family 1—‘ coverage and how much it will cost. Trustee Morgan stated he would like to know the cost for a high deductible major medical plan. Trustee Sullivan moved, in the interim, to allow up to 570 for family coverage per month per employee and Trustee Langerak -seconded the motion. Discussion was called. A roll call vote was taken. ROLL CALL VOTE TRUSTEE TORRES YES TRUSTEE SULLIVAN YES TRUSTEE MORGAN YES TRUSTEE LANGERAK YES TRUSTEE FOBARE YES Trustee Morgan, Mayor Pro Tem, declared the motion carried. Trustee Sullivan asked Scott Hahn about pay raises. He stated that he would bring that before the Board at a later date, but that the research he has done so far shows that the Town is just about in line with other municipalities under 2500. Trustee Morgan stated that may be there should be more categories added to each classification with a more rapid advancement. He suggested that may be for probationary employees there would be one pay scale and for employees off of probationary status a different pay scale . 9.:;3.'.65 r TOWN OF ERIE - - 6 BOARD OF TRUSTEES _ APRIL 10, 1991 DISCUSSION • SCOTT HAHN He talked with the_farmer who had the auction, trying to get him to donate one of his barns for the new Mown garage;—but was unsuccessful. He -stated -that ,it would cost__himabout S4000-S6000_ e —for material to build - nw_ ara a and with oni 9 9 _ Y 510,000 to work with, he felt he had under budgeted for this project. After some .:..discussion, Trustee Fobare stated that the Board had given him S30,000 for this project, not $10,000. Scott said it was time _ - for his vacation. Tom Pierce submitted ,land use plans and fees. After---looking at the plans, Scott determined that a site plan for the hangars was submitted, not a land use plan. Informed the Board that staff was in the process of putting the new accounting package onto the computer for Ruth. He hoped it would be completed by the end of this month and Ruth would be comfortable with it by the end of May. He also stated that Vic Smith had come across some computer problems that was slowing things down. The Town audit would be done after the new package is on the computer. Wanted to know if the Board wanted the staff to see about selling the property on Pierce, known as the Jenkins property. He has talked with Lois Joyce who said she would list it. She also stated that, with a water tap, the listing price should be about $13,000 to $14,000. Trustee Langerak stated that it should be cleaned up and put on the market. It was suggested to get three estimates from three different realtors. Bonnie Parsons is interested in dust control for the farmers and would like to test a small lace on the streets with calcium chloride. She was looking for Board consent. Dave Sell also stated that he would like to test some, possibly on Moffat Street. This is approved by the UPA. He has approximately 15 bags left over from the winter months. It will not last till next year, because it breaks down. CWCB will be -meeting with Lafayette , Boulder, etc on the day Scott gets back from vacation. He will attend. n 9314.65 TOWN OF ERIE BOARD OF TRUSTEES APRIL 10, 1991 The Northern Colorado Water Conservation District may need to have a check cut before their--meeting to consider the inclusion of Erie in their district. TRUSTEE TORRES _.. _ - None - - ._ TRUSTEE SULLIVAN Asked if there was any information on the earlywarning system that Jerry LaDoucer was working on before. Jerry stated-that it was on hold, due to the war. -- TRUSTEE LANGERAK Is reviewing of the Horst Landfill normal? -Scott stated that it was. What about the emergency stickers for the telephones. Are they at the Police Department? Jerry said yes, but new stickers need i-- to be made up showing the 911 number. Suggested that there be some community service workers sweep Briggs during the clean up days. TRUSTEE FOBARE He asked about the job opening on the bulletin board. Scott informed him that it would be for a temporary secretary. He was going to have Marilyn help him with his projects and the temporary secretary would help Ruth, Marilyn, and Janice. This position could last any where from 2-3 months up to 5-6 months. He suggested that Scott talk with Jerry on the old police car. Maybe it could be traded straight across for a code enforcement truce with a cage for dogs and it could be used as back up for Public Works. The Board agreed and staff is to look into this project. It was also suggested that he look into what state vehicles could be obtained - they are very cheap. TRUSTEE HORGAN None r 9: 1'.65 TOWN OF ERIE 8 BOARD OP TRUSTEES APRIL 10,__1991 There being no further business to come before the Board of Trustees, Trustee Fobare made the motion to adjourn the meeting. Trustee Torres seconded the motion. The Trustees agreed unanimously to adjourn and the meeting adjourned at 10' 31 p.m.iez MICHAEL WOODRU - -�AYOR/ ATTEST& NICE MURPHY, W ERE 9..71'.65 EXHIBIT 4 9214.65 • U SDeportment Cr Transportallon IN REPLY REFER AERONAUTICAA Federal Aviation - L STUDY Administration NO. 92-A NM-O524-OE _DETERMINATION OF NO HAZARD TO AIR NAVIGATION Laidlaw Waste Systems CONSTRUCTION LOCATION Y (Colorado) Inc. rn o 1441 Weld County Road 6 • Z 0o P.O. Box 320 • -'R_ . ____Erie, Colorado 80516 - _ - . Erie, Colorado Attn ,,: Rick Hoffman '_ . .. LONGITUDE- . _ _ - - 40°01'33 105"01'32" CONSTRUCTION DESCRIRTR]N __ NEIGNT en FEET) PROPOSED. Landfill MOVE 154'GROUND 5334' • 154' 5334' ----- An aeronautical study of the proposed construction described above has been completed under the provisions of Part 77 of the Federal Aviation Regulations.Based on the study it is found that the construction would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft orohthe operation of air navigation facilities.Therefore,pursuant to theauthority delegated to me,it is hereby determined that the construction would not be a hazard to air navigation provided the following conditions are met: Conditions: . SEE REVERSE • • -'-' Supplemental notice of construction is required any time the project is abandoned(use the enclosed FAA form),or • ❑ At least 45 hours before the start of construction(use the enclosed FAA form). • ❑ Within five days after the construction reaches its greatest height(use the enclosed FAA form) - This determination expires on March 25, 1994 unless: (a)extended,revised or terminated by the issuing office:(b)the construction is subject to the licensing authority of the Federal Communications Commission and an application for a construction permit is made to the FCC on or before the above expiration date In such case the determination expires on the date prescribed by the FCC for completion of construction,or on the date the FCC denies the application NOTE: Request for extension of the effective period of this determination must be postmarked or delivered to the issuing office at least 15 days prior to the expiration date. This determination is subject to review if an interested party files a petition on or before October 25, 1992 I the event a petition for review is filed.it should be submitted in triplicate to the Manager- Flight Information and Obstruct:ons Branch. AATn210. Federal Aviation Administration.Washington,D C.20591 and contain a full statement of the basis upon which it is made This determination becomes final on November 04, 1992 the determination will not become final pending unless aill petition for review the is grant (flan,in t . case disposition of the petition.Interested parties will be notified of grant of any review. An account of the study findings.aeronautical objections,if any,registered with the FAA during the study.and the basis for the FAA's decision in this matter will be found on the following page(s). If the structure is subject to the licensing authority of the FCC.a copy of this determination will be sent to that Agency. This determination.issued in accordance with FAA Part 77,concerns the effect of this proposal on the safe and efficient use of the navigable airspace by aircraft and does not relieve the sponsor of any compliance responsibilities relating to any law,ordinance,or regulation of any Federal.State.Or local government body. 1 t SIGNED Ted Reiland ma Airspace and Procedures Speciali ISSUED IN Seattle, Washington "' '�'�� O„ September 25, 199" EXHIBIT 5 91:14.65 U.S. Department Northwest Mountain Region 1601 Lind &vonu" :_v. of Transportation -- Octal-ado, idana, Montana. Renton, Vashinaton 9a055-Ca Oregon, Utah, Uoshinpton, Federal Aviation Vyoming Administration inn R 1993 Dave O'Sadnick, P.E. Design Engineer Solder Associates Inc. 200 Union Blvd. , Suite 500 takewood, CO 80228 Dear Mr_ 0'Sadnick: ale have reviewed calculations done in Aeronautical Study 92-ANM-0524-0E in order to clarify our airspace determination because our initial evaluations were done under "worst case" conditions. That means we used the closest 4istance, and the highest height which is being proposed. Since the airport 5,000 foot horizontal surface boundary crossed over the landfill boundary, we determined that the proposal penetrated the horizontal surface. However, a more refined evaluation indicates that the landfill slope stays under the horizontal and the conical surfaces. Thus the only surface exceeded under FAR Part 77 is Paragraph 77.13(a)(2) (i), "notice to the FAA" criteria. • You may find it interesting to know that FAR Part 77 is not the operative criteria used to determine if a propos-al would have adverse effects on aviation. And, other than the requirement for notice to the FAA, Part 77 is not enforceable by law except for Colorado State Revised Statute 28-6-113, and unless local governmental entities have zoned, or otherwise established land use regulations, for their own purposes under Part 77 criteria) . - You may consider this letter an addendum to our airspace determination on this subject dated September 25, 1992. Sincerely, Ted tie land Airspace & Procedures Specialist saai,1'.6 EXHIBIT 6 9:.),1 4.65 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Division of Aeronautic OT -_ 6848 South Rene Pkwy.,Ste tot Englewood.Colorado col 12.6703 (303)397.3039 - - • FAX 397.3042 January 26, 1993 ' • Golder Associates Inc. Ana: Ron Uhle • _203 Union Blvd, Suits 100 Lakewood,CO 80228 -_y_.: Ref: 92-ANM-0524-0E Dear Mr. Uhle: This is in response to the West information received regarding expansion of the Laidlaw Landfill near Tri-County The previous determination was based on a horizontal surface of 10.000'as per information available at the time. However,the Division of Aerooaudes is now in receipt of information from the Federal Aviation Administration which indicates the correct horizontal surface for the Tri-County Airport should be 5,000'. - Based on the aforementioned information this proposal does not appear to violate the FAR Part 77 imaginary surfaces. I If the Division of Aeronautics can provide any farther assistance, feel free to contact me. Sincerely, • • Scott I. B , Planner CDOT-Division of Aeronautics cc: Ted Mellmd, FAA ANM-536 Chase Stockon, Denver Regional Council of Govt. Scott Fredricksen, FAA DEN-ADO Dennis Wiley, Erie Air Park Home Owners Assoc. Manager Erie Air Park Scott Hahn, Eric Town Administrator 9314.65 EXHIBIT 7 9314.65 Golder Associates Inc. 2CC Union 3oulevc:C.Suite'CO.--- - Golder L^xewcoc.CO USA 20229 'aeiecnone(103)CSC-52. - Associates Fax OG3)985.2020 . -. <._ _.. . PROPOSED WORK PLAN BIRD HAZARD STUDY FOR 111 DENTS/ER REGIONAL LANDtILL SOL1H S11± Prepared by: - Golder Associates Inc. 2C0 Union Boulevard, Suite ICO Lakewood, CO 80228 (303) 980.0540 In Conjuncrion With: Robert E. Sraec.i-er, Ph.D. Animal Ecologist Stoecker Ecological Consul:ants 279 Forest Lane Boulder, CO 80302 (303) -:»4-3979 Distribution; 2 conies - WCEPSD 2 conies - CDR 1 -copy - Rick Hoffman (Laidlaw) 1 copy - Miles Stows (Laidlaw) 1 copy - Golder Associates Inc. 1 cony - Robert Stoecker Seotemoer 1992 923-2s30 9314.65 • Septe.:oer 1992 -1- 923-2430 This work plan describes a proposed bird hazard study to be conducted at the Denver Regional Landfill(South) site. The landfill is owned by Laidlaw Waste Systems, Colorado, Inc., and will hereafter be referenced to as Laidlaw South. — • The purpose of the study will be to: (a) update the previous sandy and mitigation plan (A Study to Determine if the Erie Landfill Poses a Bird Strike Hazard to the Erie Airport. Report =2 _ -. . i_ t .niiN,r_ dated March 1?-� 1982); (b) evaluate bird hazards m- inOh-tO-lanciiilulg in the piOY_ i0 -_... the T -County ALoorr (c) evaluate the of ecaveaess of the bud control devices that are currently used at the site; and (d) be consistent with existing and any new rules and regulations of pertinent State and Federal agencies. Note that the above referenced study uses the name Erie Landfill for the Denver Regional Landfill. "'ell current referehces shall use the proper landfill name. - -- The main objectives of the study will be to answer the following questions: • How frecuently do gulls and other large scavenging birds occur at the Laidlaw South site; ► How abundant are these birds; and, What are their flight parems and altitudes relative to air nEc patterns and altitudes as these relate to potential bird strike hazards. Tne field work proposed to answer these questions will consist of conducting site visits approximately twice per month to Laidlaw South over the study period. This effort will be perform e`' by a biologist experienced in field ornithology. Resumes of field personnel who will perorn these site visits an attached. Bird observations will be recorded in a designated site notebook on a daily basis by site personnel. The site personnel will be flirted for the monitoring by the biologist performing the Field investigation. The observations will be performed on a continuous basis during each 9314_65 September 1992 _1_ 911-'480 operation day. Dated photographs and/or videotape will also be used to verify the daily recorded observations. Site visits will be performed randomly during times when gt ils are normally observed by site personnel. The number of site visits per month is uncertain b cause the seasonality of gull occurrence is unknown. An attempt will be made,- however, to perform at least two site visits each month in order to document the yearly pattern of bird occurrence. • ' • f lured- Cur 1L`!, -1�1er_1 daily operations include a bird contra! uieaSiA '-.—c��-Ct':ilaR. mZ1I1.cC._�..,.. -. fireworks type of noise device named Ziaideve war. is employed on an as needed basis by the landfill operator. This bird conaol procedure will be continued during the study period. Field observations will consist of observing the larger scavenging birds with_binoculars and spotting scope. Observations will be performed throughout the day in order to evaluate movement patterns during times when the birds are feeding and also when they depart from the site. A video camera will be used if needed to assist documenting these flight patterns. Although gulls are anticipated to be the birds that represent the greatest potential hazard to aircraft, eagles, crows, ravens, and magpies may be significant species as well. Therefore, the. species, and approximate numbers of each at the landfill, will be recorded during each site visit. Additionally, the current disposal ac ivides at Laidlaw South will be recorded in order to :elate bird use to landfill operations. The study will commence on or about October 1, 1992. Progress reports will be prepared once every 3 months and submitted to the CDH and WCEPSD. The final report and mitigation plan will be submitted to the CDH and WCEPSD on or before September 15, 1993. S:iil.4.6 l EXHIBIT 8 SL11.65 Mr. David O'Sadnick Golder Associates 200 Union Blvd. , Suite 100 Lakewood, Co. 80228 January 27, 1993 Dear Mr. O'Sadnick; This letter is in response to your request for a summary of the Bird Hazard Study which I am conducting at the Laidlaw South Landfill Site and Tri-County Airport.`-- The letter is prepared for presentation to the Town of Erie Board of Trustees _This letter provides a preliminary report in as much as only three months -of field work have been performed to date. As you know, the project is scheduled to continue until September 1993. I have made seven field trips thus far. The results of these observations are summarized below, following a brief summary of project objectives. I should point out that currently my scheduled frequency of site visits is one visit per meek, to occur on randomly selected days. Also, all visits will involve observations at the landfill , at the airport, and in the surrounding vicinity. SUMMARY OF OBJECTIVES (1) to estimate how frequently gulls occur near the landfill ; (2) to determine their movement patterns after being frightened from the landfill ; (3) to determine what locations in the vicinity are used by the gulls for roosting and feeding, with emphasis given to large water bodies; (4) to evaluate the effectiveness of the pyrotechnics at frightening birds, (5) to evaluate alternate deterrent options. Records are being kept of all large birds observed in the vicinity. Although gulls are the primary concern, larger birds, including pigeons, are considered relevant to the overall project objectives even though many species are not scavenging birds and would not be expected to have affinities for the landfill . 9.314_65 SUMMARY OF RESULTS TO DATE Da a No. of Gulls _comments 3 Nov 92 300 to 400 See comments below. 15 Nov 92 none 4 to 6 ravens. 30 Dec 92 none 4 to 6 ravens, 1 rough-legged hawk. 31 Dec 92 none 2 ravens. - -5 Jan 92 none 6 ravens, 1 harrier; 1 rough-legged, 1 ferruginous hawk. 10 Jan 93 none 2 ferruginous, 1 rough-legged hawk, 1 hawk (unidentified 18 Jan 93 none - - 1- ferruginous, 1 red-tailed, and 1 rough-legged hawk. .November 3rd observUons: This is the only field trip to date that has allowed me to evaluate gull behavior. As indicated by theabove summary of results, no gulls have been seen at the landfill, or at the airport, during any of the other site visits.On November 3rd I was notified by Mr. Rick Hoffman of Laidlaw that a few small flocks of gulls were coming to the landfill " I requested that he not use pyrotechnics until I arrived. On my arrival (at 9AM) approximately 300 to 400 ring-billed gulls were at the site. On the first shot of the pyrotechnics device all gulls immediately dispersed. Several additional shots were fired and all gulls began to leave the area, all dispersing to the northwest away from the airport . No gulls flew over or near the airport. I continued to go back and forth to and from the airport throughout the morning. Although several small flocks of gulls (20 to 50) remained in the vicinity of the landfill until about 11AM, all were repeatedly deterred from landing at the landfill , and eventually all moved off to the northwest. I hope the information I have provided here is satisfactory. I will of course provide you with monthly updates of pertinent results. Sincerely, (-74- Robert E. Stoecker, Ph.D. Wildlife ecologist, statistician SroECKrn ECOLOGICAL CONSULTANTS, INC. ENVIRONNCNTAL & STATISTICAL CONSULTINC 219 FOREST LANE, BoutatR, Co. 80302 TEL OR FAX (303)444-3979 321t65 EXHIBIT 9 9314.65 U.S. Deoanmenc DENVER AIRPORTS DISTRICT OFFICE - - of Transportation --. . Se40 Roslyn Street - -- Federal Aviation Suite 300 -- - - Denver. Colorado 80216-6026 Adminietratlon January 28, 1993 (303) 286-5540 Mr. Ronald J. Uhle, P.E._ Golder Associates Inc. - 200 Union Boulevard Suite 100 Lakewood, Colorado 80228 Dear Mr. Uhle: Tri-County Airport Erie, Colorado - Proposed Laidlaw Disposal Site Thank you for the opportunity to verify and provide information regarding the subject airport. As per your letter dated January 22, 1993 we offer the following informati-on. The Tri-County Airport is designated as a reliever for Stapleton International Airport and is maintained as a General Aviation - Basic Utility airport. Based on existing information, the airport experiences less than 500 turbine-powered aircraft operations per year. For the purposes of FAA Order 5200. 5A, the airport is considered to be used by only piston-powered aircraft. The compatibility of the proposed disposal site with the airport as per FAA Order 5200.5A has not yet been determined. The order states that disposal sites located within 5, 000 feet of any runway used or planned to be used only by piston-powered aircraft are incompatible with the associated airport. This does not mean that if the disposal site is located outside of the 5, 000 foot limit, it is automatically compatible with the airport. Even though the disposal site may be located outside the 5,000 foot limit, the Federal Aviation Administration (FAA) may determine that further investigation, such as a bird hazard study or other study, is required to determine compatibility. The FAA does not grant licensing or permitting to a disposal site proponent. A determination is made by the FAA as to .the effect the proposed disposal site will have on the safe and efficient use of airspace by aircraft. This determination may be used by local governments in their ordinance determinations and does not relieve the proponent of any compliance responsibilities relating to any law, ordinance, or regulation of any Federal, state, or local governmental body. 931'65 Again, thank you for the opportunity to address this disposal site proposal. If you reguire.any further__information, please contact -me at the number above. sincerely, d_sisz - F -- Scott T. Predericksen, P.E. • Environmental _officer n "4 i.4.S.J DOYLE, KLEIN, OTIS, FREY, IRI.LERICH & LAZAR ATTORNEYS AT LAW!- ` -Richard N. Doyle Suite 300 DENVER METRO - Henry C. Frey BANK ONE PLAZA (303) 659-7576 Thomas E. Hellerich 822 7th STREET " FAX Roger A. Klein GREELEY, COLORADO.80631 (303) 353-6712 Michael A. Lazar fired L. Otis (303) 353-6700 - October 20, 1993 Weld County Commissioners P.O. Box 758 Greeley, CO 80632 Re: Use By Special Review (Amended USR - 972) Dear County Commissioners: Laidlaw Waste Systems (Colorado) Inc. ("Laidlaw") requests that the hearing in the referenced matter currently scheduled for October 27, 1993 be continued until November 10, 1993. The reason for this request is that the Contract between Laidlaw and the owner of the property for which the Special Review Permit has been requested is no longer valid. Laidlaw and the owner of the property are hoping to conclude a new Purchase Contract prior to the rescheduled November 10, 1993 hearing date. Laidlaw is willing to pay the additional costs of re-advertising which are occasioned by this request for a continuance. Sincerely, Fred L. Otis Attorney at Law FLO:cas c: Rick Hoffman Scott Wender Gloria Dunn X/f/k7 C" de : ///, Az .G30PC, 331165 /OF LAi%a ,, TOWN OF ERIE' r it 645 HOLBROOK P.O.BOX 100 H - �7 ERIE,COLORADO 80516 II - _LOCAL(303)828-3843 \\n METRO(303)665-3555 _174 August 30, 1993 Commissioner Barbara Kirkmeyer Weld County Commissioner P.0 Box 758 Greeley, CO 80632 Dear Commissioner Kirkmeyer : The Board of Trustees of Erie, Colorado, wanted to send this information along to you concerning the issue of Laidlaw Waste Systems . If youy have any questions, please call . Sincerely, anice Sayre Town Clerk S t\wpwk\l e t\c l a r k\1 9 9 3\.k i r k me ya r 6 7-712, POLICE DEPT. P.O.BOX 510 METRO(303)449-3156 LOCAL(303)828-3200 LONGMONT FIRE PROTECTION DISTRICT (303 666-4404 of L R it 4,O •Co< TOWN OF ERIE ! } ERIE 645 P.O.BOX 100 i.*' sitt ERIE,,COLORADO RADO 80516 ) LOCAL(303)828-3843 t' a METRO(303) 665-3555 s.o \# 4 August 9, 1993 Gloria Dunn, Planner Department of Planning Services Weld County Administrative Offices 1400 N . 17th Avenue Greeley, CO 80631 Referral : case number USR - 972 Dear Gloria Dunn Here we have another expansion of landfill activities on land near Erie . The Erie Planning and Zoning Commission want to inform you that the Laidlaw South landfill site was determined to be in violation of Town Ordinance # 414 (see enclosure ) and that any approval of any application aiding the further operation would be contrary to the Public health and safety. Approval of this application would further the landfill in violation . The Town of Erie has a _sincere desire to adequately regulate any landfilling and to prevent excessive amounts of this activity for health, safety and welfare reasons . Excessive landfilling activity can be injurious to the Town of Erie . Some discussion was held concerning what proof existed to substantiate that subsidence had occurred . No proof was offered by Laidlaw engineering representatives . I believe the subsidence determination is based on engineering theory, -no physical testing was performed . Additional comments were that if the dust created by moving this pile of dirt was as bad as the previous digging of the hole they would have problems with any approval . I did see the dust clouds of that operation and it billowed thickly hundreds of yards vertically and horizontally over other lands on many occasions . Unfortunately, County officials are too far away and very busy to respond timely in catching this problem. This is an example of why landfilling is of local concern, especially at the municipal level . POUCF_DEPT. P.O.BOX 510 METRO(303)449-3156 LOCAL(303)828-3200 LONGMONT FIRE PROTECTION DISTRIC9miss I do find it somewhat amusing that one of the largest Solid waste companies in the World claims that one of its best efforts of engineering and planning for a fool proof landfill foolishly forgets that it needs a place to put the dirt they dig out . This could cast doubts of the reliability of any data or plans supplied for this landfill . Some members of the audience mention that this could be a prelude to allow landfilling of the area taidlaw wishes to put the dirt pile on . My experience would lead me to believe that, in time, a proposal for landfilling this space may be submitted . Laidlaw has appealed to District Court requesting a stay in Erie enforcement action . ( Case number 93CV361 Div. 1 ) It would be prudent that Weld County officials await the action of the Court in this matter before approving this proposal . Sincerely, ✓�L�7�/U7�l7/� Scott A. Hahn • 931165 (f ti:: 41.4141:: EPARTMENT OF PLANNING SERVICES WILD �r: PHONE (303) 353-3845, EXT. 3540 ��p �yy� WELD COUNTY ADMINISTRATIVE OFFICES Co i Jui- 2`6-P93 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO \ - Date: July 23 , 1993 /� CASE NUMBER: Amended USR-972 TO WHOM IT MAY CONCERN: Enclosed is an application from l.aidlaw Waste Systems (Colorado) , Inc. , for a Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. The parcel of land is described as part of Section 29 , T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Erie approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6 . This application is submitted to you for review and recommendation. Any comments " or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above . 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the 1 following reasons . 2 . We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be ir submitted to you prior to: I X 5 . 7 lease f r to the enclosed letter. Signed: Agency: /aG.2.1 Of Ef/4? Date: 1 931165 f ORDINANCE NO . 414 AN ORDINANCE CONCERNING THE REGULATION OF LANDFILLS WHEREAS , pursuant to Colorado Revised Statutes Section 31-15- S01 , it is within the power and authority of the Trustees cf the Town of Erie , Colorado to prohibit the creation , placement or conduct of offensive or unwholesome activities within or within one mile of the outer limits of the Town ; and WHEREAS , excessive operations of solid wastes disposal sites or facilities are activities inherently offensive to the senses of sight, smell , and hearing , as well a threat to the health, safety, and welfare of persons residing in their vicinity; and WHEREAS , pursuant to Colorado Revised Statutes Section 30-20- 110 ( I ) ( b ) , solid wastes disposal sites and facilities must comply with all applicable zoning laws and ordinances ; and • • WHEREAS , the Trustees of the Town of Erie , Colorado are charged with the responsibility of protecting the health , safety, and welfare of the citizens of the Town ; and WHEREAS , the region surrounding the Town of Erie has permitted landfill capacity exceeding the amount required to dispose of solid waste produced by the citizens of this Town ; and WHEREAS , the burden of Boulder or Denver Metro solid waste should not be placed on the shoulders of the Town of Erie ; and WHEREAS , the proliferation of landfills may negatively affect this regions development and tax base ; and MHEREAS , the variation of types of landfills is too great to be listed in an inclusive list, and therefore must be determined on a case by case review; and WHEREAS , the expansion of existing solid wastes disposal sites and facilities beyond the acreage presently occupied by or fully zoned and permitted _ for that -purpose within or within one mile of the outer limits of the Town would compromise the health, safety, and welfare of the citizens of the Town , NOW, THEREFORE , BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE , COLORADO : SECTION 1 . DEFINITIONS : As used in this Ordinance : ( 1 ) "Solid Waste " means any garbage, refuse , sludge from a waste treatment plant, water supply- treatment plant , or air pollution control facility, and other discarded material , 131165 2 including solid , liquid , semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities . "Solid waste " does not include any solid or dissolved materials in domestic sewage , or agricultural wastes , or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the "Colorado Water Quality Act" , Article 8 of Title 25 , C . R . S . ( 2 ) "Solid wastes disposal site and facility" means the location and facility at which the deposit and/or final treatment of solid wastes occur, SECTION 2 . SOLID WASTES DISPOSAL SITES OR FACILITIES ESTABLISHMENT 'OR EXPANSION PROHIBITED . On and after the - effective date of this Ordinance , the establishment of a new solid wastes disposal site or facility , or the expansion ot an existing solid wastes disposal site or facility , within the limits of the Town ot Erie , or within one mile beyond the outer limits of the Town ot Erie , shall be reviewed by the Board of Trustees of Erie , Colorado at a public hearing to determine whether the site or facility is , or would be , offensive or unwholesome , within the meaning of the Colorado Revised Statutes section 31- 15-501 and is hereby prohibited . A partial list of criteria to judge said determination is included in section 4 of this Ordinance . SECTION 3 . LIMITATIONS Nothing in this Ordinance shall be construed to limit or abridge existing contract rights between private parties and the Town of Erie for the operation of any existing solid wastes disposal site or facility, nor to restrict access to or use of any existing solid wastes disposal site or facility by any person . Nothing in this Ordinance shall prohibit. the operation or construction of a solid wastes disposal site or facility on land which , on the effective date of this Ordinance , has received all necessary approvals from the Board of Trustees of the Town of Erie , Colorado for the operation of such solid wastes disposal site or facility. SECTION 4 . REVIEW CRITERIA The criteria to be used by the Board of Trustees of Erie , Colorado to determine whether a solid waste site or facility is offensive and unwholesome includes by is not limited to the following : ( a ) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values , and wind and climatic conditions ; ( b ) The convenience and accessibility of the solid wastes disposal site and facility to potential 9ai an f 3 users ; ( c ) The ability of the applicant - to comply with the health standards and operating procedures provided by the County and such rules and regulations as may be prescribed by the County Department of Health and the Board of Trustees of the Town of Erie ; ( d ) The number of permitted landfills and capacity thereof; ( e ) The creation of offensive impacts to the senses of sight, smell , and hearing; ( f ) The accumulation of putrescible or obnoxious wastes ; ( g ) The improper storage of any material which may create a hazard or nuisance . SECTION 5 . SEVERABILITY If any article , section , paragraph, sentence , clause , or phrase of this Ordinance is held to be unconstitutional or invalid for any reason , such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance . The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts thereof , irrespective of the fact that any part or parts be declared invalid or unconstitutional . SECTION 6 . EFFECTIVE DATE - EMERGENCY DECLARED Pursuant to Colorado Revised Statutes , Section 1-40-115 ( 1 ) this Ordinance shall be effective upon adoption by the Board and signature of the Mayor . This Ordinance is necessary for the immediate preservation of the public peace , health , and safety, for the reason that the establishment of new solid wastes disposal sites or facilities or the expansion of existing such sites or facilities on to property not already fully permitted for such uses, either within the limits of the Town of Erie or within one mile from the outer limits of the Town , threatens the health , safety, and welfare of the citizens of the Town . This Ordinance is necessary to prevent the establishment of additional solid wastes disposal sites or facilities as an immediate threat to the health, safety, and welfare of the citizens of the Town . INTRODUCED , READ, ADOPTED AND APPROVED by the Board of Trustees of the Town of Erie , Colorado by a vote of 4 for and 0 against this 10th day of April , 1991 . TOWN OF ERIE, COLORADO 931165 •• By :7L . hael E . Woodruff , Mayo ATTEST : anice Murphy, io Clerk • • 931165 RESOLUTION 93-11 RESOLUTION OF FINDINGS OF FACT BY THE BOARD OF TRUSTEES OF ERIE, COLORADO WHEREAS , Section 2 of Ordinance No . 414 provides for reviewal t a public hearing by the Board of Trustees of Erie, Colorado of ny proposed expansion of a solid waste disposal facility in order * n determine whether the facility is offensive or unwholesome •:ithin the meaning of C . R. S . 31-15-501 and to prohibit the same if the determination so warrants WHEREAS , The Board of Trustees having determined Offensive to can : highly irritating or annoying; unpleasant or disagreeable to ' he senses ; and/or causing resentful displeasure AND having eetermined Unwholesome to mean deleterious to health , physical , or coral well-being and WHEREAS , The Board of Trustees of Erie , Colorado having heard ( 11 the evidence presented before it relating to the proposed aidlaw expansion and WHEREAS , The Board of Trustees of Erie , Colorado having given ureful consideration to all the evidence presented before it elating to the proposed Laidlaw expansion and WHEREAS , the Board of Trustees of Erie, Colorado having viewed it the evidence especially in light of the Review Criteria specified in Section 4 of Town Ordinance 414 NOW THEREFORE and based upon all the evidence presented before t, the Board of Trustees do hereby make the following findings of ract : 1 . With respect to Criteria (a) of the Review Criteria : Phe Board finds that the proposed expansion of the solid waste -iisposal facility would have an offensive and unwholesome effect on the property surrounding the facility . The proposed expansion would serve only to further increase the already offensive and inwholesome effects-which the present facility has caused . The offensive and unwholesome effect is the extremely heavy concentration of bird activity resulting from the landfill which is a proven hazard to air traffic in proximity to the Tri-County Airport . Although a bird-study is still underway, pursuant to an FAA requirement, the Board hereby makes an independent finding that the bird hazard is offensive and unwholesome with respect not only to the airport, but to other surrounding residential property areas • • 231165 • ss well . 'estimony has shown that additional unwholesome andoffensive effects of the proposed expansion on the surrounding ro property would ce the resulting increase p p rty e x ase in area traffic and thus an increased 'geed for policing of roads; increased pollution and. litter ; and increased nuisances and hazards . Also homeowner testimony has indicated that area property values have decreased substantially iue to the presence of the Laidlaw landfill and such values are . ikely to decrease further as a result of the expansion . The Board )as been presented with no evidence to the contrary , only :onclusory allegations by Laidlaw that values cannot be further epreciated . Additionally, the Board does not feel that it is in any way bound >y any determination of compatibility made by Weld County. In ;;bort, the Board feels that with respect to the effect on surrounding property, Laidlaw/ s position paper makes many 'onclusory determinations which are in direct conflict with the ictual findings of fact made by the Board and summarized above . 2 . With respect to Criteria (b) of the- Review Criteria : -he Board finds that an analysis of the factors which relate to Jonvenience and accessibility makes this a borderline issue which .he Board does not determine at this time to be per se offensive 'nd unwholesome , 3 . With respect to Criteria (c) of the Review criteria : re Board _finds that there is a severely increased ;ffensive and unwholesome of of effects due to the location of the ,aidlaw facility just outside the Town limits , the facility is not subject to Town regulation , rior regulatory problems with a Laidlaw landfill which was subject o Town regulation were only resolved because of Town regulatory intervention and , in contrast to the implications of the Laidlaw ''osition Paper, clearly were not adequately addressed through :ounty and State regulation . Since this intervention would not be uthor_ized with respect to the proposed expansion, the Board finds -.hat the resulting increased risk of offensive and unwholesome effects is unacceptable . 4 . With respect to Criteria (d) of the Review Criteria : 'he Board has determined that the cumulative impact in light of the proliferation of landfills in the area in and of itself is causing n offensive and unwholesome impact to the extent that , particularly when viewed along with the other Criteria J eterminat.ions especially with regard to lack of ability for Town egulation , this landfill expansion is judged to be offensive and unwholesome . 931165 Said cumulative impact includes cumulative increase in traffic and litter , For oxample , the Town had a. clean-up day in the air.-park area in which the citizens participated , Citizen testimony revealed that citizens wars picking up trash on clean-up day which they had already disposed of . In other words , citizens were finding trash by the airport which they had already thrown away but was blowing over from the landfill . The Board has received clear indications from Town residents that they are opposed to any further landfill development, particularly if such it not subject to Town regulation . Town residents as well as the Board feel that it is offensive and unwholesome for the Town of Erie no he further surrounded by landfills or expansion therof . The Board finds conclusively that public opinion is clearly that no one wants to have their community surrounded by landfills , with respect to the Laidlaw Position Paper, the Board feels that it further landfill operations are to take place in the area , it would be preferable to permit the already approved landfill within the Town limits which will be subject to Town regulation as opposed to the expansion of a landfill which has not yet received approval and which would not be subject to Town regulation. 4 . With respect to Criteria (e) of the Review Criteria : The Board finds that the proposed landfill expansion would be offensive to the senses of sight, smell and hearing . This is based on testimony and other evidence as to the already offensive nature of the landfill in this regard which could only be exacerbated should the proposed expansion occur . 5 . With respect to Criteria ( f ) of the Review Criteria : The Board finds that, notwithstanding Laidlaw position paper, the allegations o the P` p the increased accumulation of obnoxious wastes which would inevitably result from the proposed expansion would be offensive and unwholesome . Again, this relates primarily to the cumulative impact of the wastes especially in view oP the absence of Town regulation . 6 , . With respect to Criteria (g) of the Review Criteria : The Board finds that the potential for improper storage of material which may create a hazard or nuisance creates a potential unwholesome effect in that it could be deleterious to health or physical well-being. The Board would have no way of determining if the material at the proposed expansion was stored properly because absence of Town regulation . Additionally , the deeply concerned about evidence which has been presented s to is potential danger involved with respect to mine shafts . ° the i 7 . In response to the allegations in the Introduction of the Laidlaw position paper, the Board recognizes that many of the • 931165 ffensive and unwholesome effects upon which it bases its decision ' re eionly potential. at this time , but any effects of any proposed cy are only potential until such activity takes place . Nevertheless , the Board must make its analysis in light of the .urrent situation which includes the already existing contractual obligation with respect to the landfill which will be operating i.thin the Town limits and other currently existing concerns entioned throughout these findings , !'her_ efore, application of the Criteria in Ordinance 414 as to ;roposed new landfills or landfill expansions are to be analyzed in :his light and in any event there is substantial evidence of record. is to the operation at present time to warrant a finding that the andfill is "offensive and unwholesome . " The Board does not feel that Ordinance 414 exceeds the scope of statutory authority granted under C. R , S . 31-15-501 . Clearly, if the statute were truly "outdated" , the statute would have been removed is replaced . IT IS THEREFORE RESOLVED THAT the proposed Laidlaw expansion u3lifies as offensive and unwholesome under Town Ordinance 414 and =: therefore hereby officially prohibited effective June 24Th _, LS93 , • • RESOLVED AND APPROVED by the. Board of Trustees of the Town of Erie, Colorado by a vote of 5 for and 2 against this 24th day )r June , 1993 . T s ee Smith - fo� �� y' GCG( �� ` Mike E. Woodr f, yor - against Trustee Sullivan - for Attest: rustee Morgan - for rL. L. nice Sayfe, :cm Clerk Tr5t. tee Langerak — for Trustee Fo ar - • against »+ p`o4° 'scLi �� S '9e1:+_ -±7NTree Ke,_t _..for : Aga t6 14 fee J/1. s ,a 45 49118. U0410 /c 931i65 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County -Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Amended Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County -Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 93-78 APPLICANT Laidlaw Waste Systems (Colorado) , Inc. P.O. Box 320 Erie, Colorado 80516 DATE: October 27, 1993 TIME: 10:00 a.m. -REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of Section 29, Township J. North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the Town of Erie, Colorado; approximately mile west of the intersection of Weld County Roads 5 and 6 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: September 22, 1993 PUBLISHED: October 14, 1993, in the Windsor Beacon is /1// 212) 931165 NOTICE AFFIDAVIT OF PUBLICATION DOCKET NO: 93- Pursuant to the. A STATE OF COLORADO zoning laws of the ss Sale of Colorado APP L IC'A N T : COUNTY OF WELD end the Weld baidlaw'.: Waste County Zoning SW&als(Colorado), I, LEITH HANSEN, of said Count of Weld, being Box 310, Ordnance, a public Erie,kis P •;Color do sworn,say that I am publisher of )' duly hearing will be held In the Chambers of 90519 J -WINDSOR BEACON the Board of os ety Commissioners of TE' tE 1'1'7 r, Weld County, f9319 a weekly newspaper having a general circulation in said Cando, Wad Tatrd,. County and State, published in the town of WINDSOR, AL County Centennial 191-. Ill, in said County and State; and that the notice, of which *inter, 915 19th MEGl7.alto the annexed is a true copy, has been published in said Street.First Floor, spasms weekly for / _successive weeks, that the notice Greeley, Colorado, DowiemPlan was published in the regular and entire issue of every al the erne speolllod. and Amended number of the paper during the period and time of Alt persons in sty Special.. Review publication, and in the newspaper proper and not in a the manner eSastegin Speed* �mlt- for a soil supplement, and that the first publication of said notice Development Site p Plan moo:area her in was in said paper bearing the date of the wawa,ng and' '"Amended woo nee Review ownwit �indoo) psi �//it- Special day of �C�o-l�e-1 , Al),. 19 -3 and Permit areWe A the last publication bearing the date of the requested to attend haw_ p u ) and be heardsonw ^m1' day of , A.D., 19 and LEGAL that the said WINDSOR BEACON has been published Shedd the spplkaM DESCRIPTION: continuously and uninterruptedly for the period of 5 or any interested Part of Section H, consecutive weeks, in said County and State, prior to the party desire the Township:t Nekk, date of first publication of said notice, and the same is a presence of a court reporter to make a phonyetl`West of newspaper within the meaning of an Act to regulate the ern P.M., record of the Wrd printing of legal notices an advertisements, approved proceedings, In Colorado May 18, 1931,and all prior cts ar as in force. addition to the taped L 0 G A T}ON : keptwhich will be Aryesent ;a ma li // ke during Meant)Ills Town pf Edo. har �. Z darks Me Office C ° i o r g d o • ` P LISHER shall be advised in aysoprosin )Y 4 mom of suchwanaosion t of the Sub d nd sworn to before me this 41€2-r_day action at least floewww of gems ass of a , �`� 19`�� days prior tc the 9 �� CJ( .GrrLYh.a hearing. The cost of engaging a court BOARD t OF NOTARY PUBLIC reporter shall ire C O. U.-N borne by theT Y SIONENS My commission expires f / 99 done aarh• WELD t8t11NTV, BE IT ALSO; - . KNOWN- iffbbrtheisy. masALD D. text and maps So,neteirlet;:WELD. carded by the WAS COUNTY CLERK County Planning TO THE BOARD Commission maybe.. examined in them,: Linda M. o*oe of the Clerk to the Board of County °'DOPUIYClerk Commissioners, t°msl3°ard located In the Weld. hush., County Ce hs the Center, 9$5 1SWttr - F n Street, Thiel iNtier.i _r ` :_u 14, Greeley,Ottbfado. . - .;i,y'tt 931165 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-78, was placed in the United States mail, postage -prepaid, addressed to the following property owners. DATED this day of , 1993. Deput�eto the Board Union Pacific Land Resources Colorado Landfill, Inc. Corporation c/o Bob McKenzie PO Box 2500 PO Box 122283 Broomfield, CO 80020 Ft. Worth, TX 76116 George S. , Genevieve, Edmiston, and Barb, Ltd. Robert Reynolds c/o C.F. Knobbe Pent Partnership Longmont National Bank Co-Trustees 7470 Highway 73 PO Box 675 Evergreen, CO 80439 Longmont, CO 80501 H. Sol Cersonsky/Jack D. Feuer, Freda June Erwin Trustees 2040 George Street 8400 E. Prentice Ave. , #600 Billings, MT 59102 Englewood, CO 80111 DSX Denver Regional Landfill, Inc. Stanley A. and Leone M. Zimmerman -c/o Bob McKenzie 16005 Inglewood Rd. , NE PO Box 122283 Bothell, WA 98011 Ft. Worth, TX 76116 Goodnight/Lowery, Inc. Daniel R. and Jacqueline S. Horst (A Colorado Corporation) 2240 WCR 5 2008 Finch St. Erie, CO 80516 Colorado Springs, CO 80909 Environmental Recycling & Disposal, Baseline Investment Company Inc. c/o Poole and Company c/o Zigan Sand and Gravel 2201 Kipling St. 10800 E. 124th Ave. Lakewood, CO 80215 -Brighton, CO 80601-7114 Kenneth E. Pratt Laidlaw Waste Systems c/o Pratt Agency PO Box 122283 1960 Industrial Circle Ft. Worth, TX 76116 Longmont, CO 80502 Cencall, Inc. Karen K. Dramer 3231 S. Zuni Street c/o Pratt Agency Englewood, CO 80110 1960 Industrial Circle Longmont, CO 80502 931165 CERTIFICATE OF MAILING AMENDED USR-972, LAIDLAW PAGE 2 Rocky Mountain Fuel Company, Del Corporation 910 15th St. , #756 Denver, CO 80202 Snyder Oil Corporation 777 Main St. , Suite 2500 Ft.Worth, TX 76102 Laidlaw Waste Systems (Colorado) , Inc. PO Box 320 Erie, CO 80516 Fred Otis, Attorney 300 Bank One Plaza Greeley, CO 80631 931165 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 7, 1993 Page 6 Howard Enos , applicant, said this application will enhance the lifestyle in the area. There are 40 acre parcels in existence to the north. They are on the outer fringe of the Town of Windsor and could act as a buffer from the larger more agricultural areas . He gave an overview of the difficulties of making a farm this size pay. Road maintenance was discussed. Jeannine Enos explained the other residences in the area in relationship to the road. Tom Rulon moved Case Number USR-1026 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval due to the present hardship on the property owners, the location, and the proximity to the Town of Windsor. Juliette Kroekel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel-no; Ron Somer-yes; Tom Rulon-yes; Juliette Kroekel-yes; Marie Koolstra-no; Judy Yamaguchi-no. Motion denied, tie vote. CASE NUMBER: USR-1027 APPLICANT: Howard and Jeannine Enos REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles north of the Town of Windsor; north of State Highway 14 and west of Weld County Road 17. Tom Rulon moved Case Number USR-1026 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval due to the present hardship on the property owners, the location, and the proximity to the Town of Windsor. Juliette Kroekel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel-no; Ron Somer-yes; Tom Rulon-yes; Juliette Kroekel-yes; Marie Koolstra-no; Judy Yamaguchi-no. Motion denied, tie vote. CASE NUMBER: Amended USR-972 APPLICANT: Laidlaw Waste Systems (Colorado) , Inc. REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Erie; approximately 1/4 mile west of the intersection of Weld County Road 5 and 6. l)77/.A/1-0931165 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 7 , 1993 Page 7 Fred _Otis , Attorney, representative for Laidlaw Waste Systems (Colorado) , Inc. , explained Laidlaw now owns the 100 acre property adjacent to the existing landfill . Soil storage at this location makes the process more feasible bemause the soil only has to he moved once . This stockpile of soil will be used for daily and intermediate cover for the landfill. A stockpile of this size has a lifespan of approximately 15 years. Dave O'Sednek, representative, gave a detailed technical overview of this application. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. Scott Hahn, Town Administrator, Town of Erie, is concerned about the amount of activity going on around the airport in the Town of Erie. With turbon driven and piston driven airplane engines, the birds in the area create a disturbance. He feels this application is a prelude to further expansion and there is -slot of opposition to this entire application. He asked the Planning Commission members if they had known this process was going into effect, would they have approved the original application? Judy Wiley, surrounding property owner, questioned the truthfulness of Laidlaw's request. In the original application the company stated they bad no plans to expand. Since they now own this land the logical conclusion is this will not remain a soil storage facility forever. Marie Koolstra asked the Laidlaw representatives who uses this landfill. Rick Hoffman listed Boulder, -Longmont, Westminster, Arvada, _Broomfield, etc. . . Richard Kimmel moved far forward -Amended USR-972, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Marie Koolstra seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel-yes; Ron Somer-yes; Tom Rulon-yes; Juliette Kroekel-no; Marie Koolstra-yes; _Ludy Yamaguchi-no. Mo-tionoarriedfour to two. CASE NUMBER: USR-1025 APPLICANT: Melvin E. and Vivian -A. Schlotthauer REQUEST: A Site Specific Development Plan and a Special Review permit for a single family ziwelling less than the minimum lot size in the A (Agricultural) _zone district. LECA-. DESCRIPTION: Part of the NE 4 of Section 22, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Southwest of Weld County Road 80 and Weld County Road 21. 93±165 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: CASE NUMBER: Amended USR-972 NAME: Laidlaw Waste Systems (Colorado) , Inc. ADDRESS: P.O. Box 320, Erie, CO 80516 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Erie; approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6. be recommended favorably to the Board of County Commissions 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 24.4.2 of the Weld County Zoning Ordinance as follows: The amended proposal is consistent with the Environmental Quality and Natural Resources Section of the Weld County Comprehensive Plan. The Environmental Quality and Natural Resource Goals 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 adjacent to two reclaimed landfills and is located approximately .25 miles west of two undeveloped, approved landfills -- one in the Town of Erie, and one in the unincorporated area of the County. The amended 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 two reclaimed landfills, two proposed landfills, agricultural production, and oil and gas production. ryr,12,7 931165 RESOLUTION, Amended ILSR-972 Laidlaw Waste Systems (Colorado) , Inc. Page 2 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. The site is located in the Geologic Hazard Overlay District. Special Review permit Development Standards -will ensure compliance with the overlay district requirements. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. 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 Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the amended 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 amended Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the amended Special -Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Nothing in this paragraph shall prohibit the applicant from continuing operations under the terms and conditions of the existing USR- 972 until such Amended special Review plat is recorded. 3. Prior to recording the Amended Special Review plat, the applicant shall -submit a letter that identifies and reaffirms all existing agreements, Conditions of Approval and Development Standards. 4. Within six months of approval by the Board of County Commissioners, the applicant shall obtain approval from the State of Colorado on the closure and post-closure security agreement pursuant to the State of Colorado Subtitle D Regulations. The closure - post closure agreement currently in place between the applicant and the County shall remain in effect until the agreement with the State is finalized. The applicant shall agree to enter into negotiations for future contributions toward road maintenance. The contributions 6 CC-R 1007-2, Appendix A commence no sooner than December 1, 1995, or the date that local improvement district bonds are paid off. $ t -931165 RESOLUTION, Amended IJSR-972 Laidlaw Waste Systems (Colorado) , Inc. Page 3 5. The Color-ado Department of Health, -Hazardous Materials and Waste Management Division, and the Weld County Environmental Protection Services Division shall be -kept apprised of fault location conditions discovered during excavation. Permeability evaluation of the fault and/or additional monitoring -may be required. 6. Prior to commencing with landfilling in the lined portion of any cell, a certification report shall be prepared by the applicant and reviewed by the Colorado Department of Health, -Hazardous Materials and Waste Management _Divisicn, and the Weld County -Environmental Protection Services Division. The report shall provide written evidence that the quality assurance plan was implemented and the construction was performed in conformance with the design criteria, the project plans and specifications. 7. -Prior to scheduling a meeting with the Board of County Commissioners. a. The applicant shall submit an amended off-site maintenance and improvements agreement for the proposed changes in the haul route on Weld County Road 5 between State Highway 52 and Weld County Road 8. b. The updated bird -hazard study and mitigation plan shall be completed and submitted to the Colorado IDepartment of Health and Weld County Environmental Protection Services Division. Any deficiency or additional studies required by the -Colorado Department of Health and/or the Weld -County -Environmental Protection Services Division shall be accomplished within mutually agreed upon time frames. Laidlaw South may continue to operate in accordance with the approved revised Design and Operations Plan until September 15, 1993. Construction, excavation and operations of the landfill and soil storage areas will not create a vested sight to continue operations, if the results of the bird hazard study indicate that violations to the Solid Waste Disposal Sites and Facilities Act and Regulation may exist. 8. Prior to stockpiling of soil on the amended Special Review site, a dust abatement -plan for the soil storage area shall be submitted to the Meld County Health -Department for approval. 9. Prior to filling any drainage, the applicant shall obtain written approval from the -U.S. Corps of Engineers. A copy of the documentation shall be provided to the Weld County Health Department. 10. -Prior to recording the plat, the plat shall fie amended to include the legal description for the property and a second mylar page shall be submitted to include the approved Development Standards for the Amended Special Review permit. 931165 RESOLUTION, Amended USR-972 Laidlaw Waste Systems (Colorado) , Inc. Page 4 Motion seconded by Marie Koolstra. VOTE: For Passage Against Passage Richard Kimmel Juliette Kroekel Ron Somer Judy Yamaguchi Tom Rulon Marie Koolstra The Chairperson 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 September 7, 1993. Dated the 7th of Septembe 1993. Sharyn F. Ruff Secretary 931165 SITE SPECI-FIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Laidlaw Waste Systems (Colorado) , Inc. AM USR-972 1. The Site Specific Development Plan and Amended Special Review permit is -for an amended design and operations plan for an existing sanitary landfill permitted under SUP #400, as amended in USR-972, allowed to operate from 5:00 a.m. to 9:30 p.m. per day, seven days a week, except in certain emergency situations as approved by the Weld County Environmental Protection Services Division. The amendment shall be limited to 1-00 acres, more or less, for soil storage only. The facility shall be operated in accordance with the development standards stated-herein. The applicant and/or operator shall he 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. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Only non-hazardous and non-radioactive household, industrial, and commercial solid waste, approved by the Colorado Department of Health and Weld County Environmental Protection Services Division, shall be accepted. No li-quid-waste of any-nature, as defined by the State of Colorado or Environmental Protection Agency, shall be accepted. 4. A manager, 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-day list of all -managers 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. 6. All waste received at the facility shall be inspected 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 maintained. 7. There shall be a single point of ingress and egress to the facility. The approved off—site maintenance and improvement agreement shall identify the haul route. Weld County Road 7 shall not be used as a haul route. The southern haul route shall be from -State Highway 7 along Weld County Road 5. The northern haul route shall be from -State Highway 52 along Meld County Road 5. 8. The facility shall be operated in a manner which protects against surface and groundwater contamination. The facility operator stall 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 Appendix B of the -Solid and Hazardous Waste Disposal Sites and Facilities -Regulations contained in the Colorado tote of -Regulations. 6 CCR 1007-2. Carbcnate and cation-anion balance shall be included as Tart of the groundwater monitoring program. 9_311-65 DEVELOPMENT STANDARDS, Amended USR-972 Laidlaw Waste Systems (Colorado) , Inc. Page 2 The applicant shall also analyze leachate for the following parameters: total organic halides, biochemical oxygen demand total petroleum hydrocarbons, total phenols, pH, and specific conductivity. These are a minimum. The operator may choose to do a more detailed analysis. 9. Any changes or updates to the groundwater monitoring plan or specific groundwater monitoring plan shall be made by the facility operator when requested in writing by the Weld County Environmental Protection Services Division or Color-ado 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 to 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 or 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 fence along the perimeter of the Special Review permit area; ii. Weld County Road S between State Highway 7 and State Highway -52; iii. Weld County Road 6 between Weld County Roads 5 and 7; iv. State Highway 7 between Weld County Roads 5 and 7. c. The manager of the facility shall _respond to requests for picking up debris within 24 hours of notification by Weld County Environmental Protection Services Division personnel. d. A minimum 6-inch solid cover or other cover alternative approved by the Colorado _Department of Health and the Weld county Environmental Protection Services Division shall to applied daily to control the size of 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 minimum 12- foot litter screen while accepting waste. An 8-foot litter and access-control fence shall be maintained around the Special Review Permit area. 931165 DEVELOPMENT STANDARDS, Amended USR-972 Laidlaw Waste Systems (Colorado) , Inc. Page 3 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. Colorado Department of Health Regulations pertaining to Solid Waste Disposal Sites and Facilities, Section 3.1.1 state: "Disposal sites and facilities that accept putrescible wastes that may attract birds, and which occur within 10,000 feet (3048 meters) of any airport runway used by turbojet, or within 5,000 feet (1523 meters) of any airport runway used by piston-type aircraft shall not pose a bird hazard to aircraft. " The facility must be operated in _compliance with the approved bird hazard study and mitigation plan. 12. 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. 13. The facility shall be operated in a manner to control fugitive dust on the site at all times. The facility operator shall implement the plan for controlling fugitive dust, as approved by the Weld County Environmental Protection Services Division. The facility shall have sufficient equipment available to implement the dust control. Any changes or updates to the plan for controlling fugitive dust shall be made by the facility operator when re-quired 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 #37. 14. The Special Review permit site and facility shall be operated in compliance with any required Air Emissions Permit, as required, and approved by the Air Pollution Control Division of the Colorado Department of Health. 15. 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. 16. Adequate toilet facilities, served by an individual sewage disposal system, are requited for the facility. The facilities shall be installed in accordance with the Weld County Individual Sewage Disposal and Building Code Regulations. 17. The owner and/or facility operator shall comply with any agreement for road maintenance contributions approved by the Board of County Commissioners. 18. The owner and/or facility operator shall maintain an adequate water supply for the disposal site, maintenance of the soil stockpiles and all haul roads. The source of water for construction, operation, drinking, and sanitary facilities shall be approved by representatives of Weld County Environmental Protection Services Division and the Division of Water Resources. 9311S5 DEVELOPMENT STANDARDS, Amended USR-972 Laidlaw Waste Systems (Colorado) , Inc. Page 4 19. The proposed facility shall be operated in compliance with the applicable regulations of the Federal Aviation Administration. 20. The disposal site facility shall be operated in compliance with the requirements of the Mountain View Fire Protection District. Plans for any additional buildings to be constructed on the site shall be submitted to the Fire District prior to beginning construction. 21. The applicant shall remove, handle, and stockpile overburden, soil, sand, gravel and associated materials from the facility in a manner that will prevent nuisance conditions. The facility operator shall comply with the reclamation plan approved by the Boulder Valley Soil Conservation District. 22. The facility shall continue to be subject to the terms of Weld County Ordinance No. 164 as it exists or as it may from time to time be amended. 23. The owner or operator shall be responsible for maintaining the approved screening and landscaping plan. 24. Two metal signs shall be posted at the customer entrance. The first sign shall state: "ALL UNCOVERED LOADS SHALL BE CHARGED _TWICE THE NORMAL F-EE" . The second sign shall state: "ABSOLUTELY NO HAZARDOUS MATERIALS, TOXIC SUBSTANCES, SEPTIC, OR LIQUID SLUDGE ACCEPTED. " 25. 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 operations inspection reports, completed by the Weld County Environmental Protection Services Division. b. Results of wind, methane, and water quality monitoring. c. Soil liner certification report. d. Any special waste accepted at the facility. 26. The solid waste disposal site and facility plan and monitoring programs are subject to revisions pending the receipt of pertinent data and/or changing site conditions. All requests for revision shall be submitted in writing to the Department of Planning Services for review in accordance with Development Standard #34. 27. Lighting provided for security operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 28. All phases of the operation must conform to Title 30, Article 20, Part 1, C.R.S. ; as amended, and regulations promulgated thereunder, for Solid Waste Disposal Sites . and Facilities, and Subtitle D of the Resource Conservation and Recovery Act. 931165 DEVELOPMENT STANDARDS, Amended USR-972 Laidlaw Waste Systems (Colorado) , Inc. Page 5 29. There shall be no discharge of wastes into any stream, other bodies of water, or adjacent drainage systems without obtaining a National Pollution 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. 30. The property shall be maintained in compliance with the Geologic Hazard Overlay District requirements. 31. The facility shall be operated in compliance with all local, County, State, and Federal regulations. 32. Soil stockpiles which remain out of use for a period greater than seven months shall be stabilized by revegetation. The stockpiles shall be revegetated as soon as possible after establishment. 33. The facility shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division for the soil storage site. 34. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 35. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 36. Personnel from Weld County Environmental Protection Services Division, 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 herein and all applicable Weld County Regulations. 37. The Special Review area shall be limited to the plans shown herein 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. 38. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the permit by the Board of County Commissioners. 931165 ADDITIONAL COMMENTS Laidlaw Waste Systems (Colorado) , Inc. Amended USR-972 In a letter dated August 9, 1993, Scott A. Hahn, Administrator of the Town of Erie, informed the staff that a civil suit is pending between the applicant and the Town of Erie at this Special Review location. According to Mr. Hahn, the Erie Planning and Zoning Commission has concerns about excessive landfilling activity, subsidence in this area, and local problems with fugitive dust. 931165 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION, Applicant: Laidlaw Waste Systems (Colorado) , Inc. Cr Case Number: Amended USR-972 Submitted or Prepared Prior to Hearing At Hearing 1. Application 54 pages X 2. 1 Application plat and maps X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and certificate. 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Field Check from Planning Commission X member, Shirley Camenisch 12. August 4, 1993, referral response from X Weld County Health Department 13. August 2, 1993, referral response from X Weld County Engineering Department 14. August 16, 1993, referral response from Colorado Geological Survey 15. August 4, 1993, referral response from X City of Thornton 16. August 9, 1993, referral response from X Town of Erie 17. Town of Erie Resolution 93-11 X 18. Town of Erie Ordinance No. 414 X 19. Judy 27, 1993, referral from Boulder Soil X Conservation Service 20. July 23, 1993, referral response from X Mountain View Fire Protection District 21. July 27, 1993, referral response from X Colorado Oil and Gas Conservation Commission - 22. August 6, 1993, referral response from X City of Northgienn 23. August 25, 1993, letter from George X Reynolds, surrounding property owner 24. Undated letter from -George Reynolds, X surrounding property owner 25. July 30, 1993, letter from Fred Otis X fx5iKfAl 931165 INVENTORY OF ITEMS, Amended USR-972 l,aidlaw Waste Systems (Colorado) , Inc. Page 2 Submitted or Prepared Prior to Hearing At Hearing 26. July 28, 1993, letter from Fred Otis X 27. September 3, 1993, letter from City of X Broomfield 28. September 2, 1993, message from Tim X Wheeler, surrounding property owner 29. August 25, 1993, referral from Division of X Water Resources 30. Exhibit A X 31. Exhibit B X 32. August 24, 1993, memorandum from Weld X County Health Department I hereby certify that the 32 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board' s office on September 15, 1993. Gloria In. , Current Planner STATE OF COLORADO ) COUNTY OF WELD y ^f� SUBSC BA AND SWORN TO BEFORE ME THIS I (ft Lday of y4!bfl4 b�19 q R J 1 : U 8 t-‘ o'; NO1/40(4)%110 Pr Q--P y' fi'"ei1/44 ,`$xpires 0A\CWt . cig9 ,.I,,, 931165 EXHIBIT INVENTORY CONTROL SHEET Case //1tc Exhibit Submitted By Exhibit Description Q/20 A. // //aivwy 34-2if tPl? " �-r�/A �nZ lYjs B. Y/6tf7D/11 7-2,414/26:5/c}// £C'.saaltieii /1eCOm/Ye/1e/dtw i c. Ram?/ 74' m/5670V 5Lcl1/Tid/y 41/ r/i25 1;4 D. ('/Lrk 71f &bG ,eotzrd A/0 bee i f Alear/r'1CI Jez-n[Ce.., gy/t.e_- /TuonC/erK MA, re= 4a_i — // E. 6-77 (2e-ha / D ado/%rugs/refs/ Er/eH u?astr_So-7,7s /\r.4Gcest- ,inn L td/et tr i07/ F. 17e'/1, O$/s, /9167y r een f/rucs ce.._ kt(7( geic i iao / LC ss", atfathna7€5 re 74/ G. Gaed(aer il HrnU5/e,9),/teatiw (.Syfar Sc Et,9. ,4a 4' Le_ ,�?2.Z.zy Tv r! / 6 H. �D Ere Teu� pirr. "L Erie ob�ech II/0l I. (kit ki �. 7U UZtA Eiadattart. eri' m@R tbuiLt , VouLLatta n , i . _ Erb- J. Pb'Yll1l YJ . C®vte on�v�c� — Illy K. udy Zile-ley_ 1162 714-- cifferscrton-= L. / Q / /O/ti- educo M. // V/ N. c1 cAll 00 ,1-/ A 0. P. Q• R. S. T. U. V. W. X. Y. Z. 931165 O N 0 N o 0 1-4 a >, � N o0 N `� M N CA a cu bA � O7' 0 N W *0 a d• •c, .- 0 0 0 in cr)cti WU • Os4 Lnkr) kr) v) CIO w FFSFS vF) CsJ W Ctx x o O 000 0 d Nr) so c. - a) VW1z aE �, c � � N -`t CI) o o E c. —1_ , --1 Ada �, � Il a aaw a bA tch 'et N M •f' kr) W 4-( a z M e O W U Q : • ct .--w .--i — ± - :J L r= TED 717) TD X ✓) '' A" UUU U W o 241 U C. ill WISMYIIIN 901A Oa : ,..iiii- .-. . %-,:..; :: 41- I , ,,,,, al c _ il ' ✓ \ N HORST LANDF' � i r i d 1 / , r / ?„,././___;,7 \\\ 5325 \\ a., #. , , 2 19 ) Cl< ` t —4—LI ,o A ,1• 'TH L • NDFILL (CLOSED) j��;. 1 � ' C lily;'"~ ` � �lll� •� �,_ F =-.� r / , 5265 idc it s .° 5334� 0 �. °t� ._ 5,55 E �� 5365 ;#3 it ° �� / > X (#5 � ' X r r hiZ ANDFILL -. r, ;,� \,6 PROPOSED SOIL v��- 7 1 ,,,,o t STORAGE AREA LAND ILLS o? , TAl ; cii, ? C � ' \� -_____,c, ' � ,'1( `, , ( h , l _ Sl) X32' \ j #5• PHOTO POINT Ct \ �/ 0 200O ` I Y /J- 1� ---.±_- ____ , 4� , /2i\ SCALE IN FEET S.- i) ` -�� AM- % �\ a C alt e® Golder PHOTOGRAPH POINTS ® Associates Denver, Colorado CLIENT/PRQ;Ecr ''N BE L DALE SEPT 1993 Jr e NC 923-2480 LAIDLAW/DRLS .E"KEC RU SCALE AS SHOWN r"O N° :REV. "° STOCKPILE APPLICATION E EW DLO °„LE N° °,pE NO Ex.�1 i k 5 - A M x,42) us K@ 7 - 931165 DATE: September 7, 1993 CASE NUMBER: Amended USR-972 NAME: Laidlaw Waste Systems (Colorado) , Inc. ADDRESS: P.O. Box 320, Erie, CO 80516 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Erie; approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6. 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 24.4.2 of the Weld County Zoning Ordinance as follows: The amended proposal is consistent with the Environmental Quality and Natural Resources Section of the Weld County Comprehensive Plan. The Environmental Quality and Natural Resource Goals 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 adjacent to two reclaimed landfills and is located approximately .25 miles west of two undeveloped, approved landfills -- one in the Town of Erie, and one in the unincorporated area of the County. The amended 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 two reclaimed landfills, two proposed landfills, agricultural production, and oil and gas production. - 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. 931165 RECOMMENDATION, Amended USR-972 Laidlaw Waste Systems (Colorado) , Inc. Page 2 The site is located in the Geologic Hazard Overlay District. Special Review permit Development Standards will ensure compliance with the overlay district requirements. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. 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 amended 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 amended Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the amended Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Nothing in this paragraph shall prohibit the applicant from continuing operations under the terms and conditions of the existing USR- 972 until such Amended special Review plat is recorded. 3. Prior to recording the Amended Special Review plat, the applicant shall submit a letter that identifies and reaffirms all existing agreements, Conditions of Approval and Development Standards. 4. Within six months of approval by the Board of -County Commissioners, the applicant shall obtain approval from the State of Colorado on the closure and post-closure security agreement pursuant to the State of Colorado Subtitle D Regulations. The closure - post closure agreement currently in place between the applicant and the County shall remain in effect until the agreement with the State is finalized. The applicant shall agree to enter into negotiations for future contributions toward road maintenance. The contributions 6 CCR 1007-2, Appendix A commence no sooner than December 1, 1995, or the date that local improvement district bonds are paid off. 931165 5. The Colorado Department of Health, Hazardous Materials and Waste Management Division, and the Weld County Environmental Protection Services Division shall be kept apprised of fault location conditions discovered during excavation. Permeability evaluation of the fault and/or additional monitoring may be required. 6. Prior to commencing with landfilling in the lined portion of any cell, a certification report shall be 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 was performed in conformance with the design criteria, the project plans and specifications. 7. Prior to scheduling a meeting with the Board of County Commissioners: a. The applicant shall submit an amended off-site maintenance and improvements agreement for the proposed changes in the haul route on Weld County Road 5 between State Highway 52 and Weld County Road 8. b. The updated bird hazard study and mitigation plan shall be completed and submitted to the Colorado Department of Health and Weld County Environmental Protection Services Division. Any deficiency or additional studies required by the Colorado Department of Health and/or the Weld County Environmental Protection Services Division shall be accomplished within mutually agreed upon time frames. Laidlaw South may continue to operate in accordance with the approved revised Design and Operations Plan until September 15, 1993. Construction, excavation and operations of the landfill and soil storage areas will not create a vested right to continue operations, if the results of the bird hazard study indicate that violations to the Solid Waste Disposal Sites and Facilities Act and Regulation may exist. 8. Prior to stockpiling of soil on the amended Special Review site, a dust abatement plan for the soil storage area shall be submitted to the Weld County Health Department for approval. 9. Prior to filling any drainage, the applicant shall obtain written approval from the U.S. Corps of Engineers. A copy of the documentation shall be provided to the Weld County Health Department. 10. Prior to recording the plat, the plat shall be amended to include the legal description for the property and a second mylar page shall be submitted to include the approved Development Standards for the Amended Special Review permit. 931165 a DEPARTMENT OF PLANNING SERVICES - PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES i pCi GREELEY,140 N. ORAAVENUEO631 COLORADO 80631 COLORADO JUL 2 6 1993 Date: July 23, 1993 CASE NUMBER: Amended USR-972 TO WHOM IT MAY CONCERN: Enclosed is an application from Laidlaw Waste Systems (Colorado) , Inc. , for a Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. The parcel of land is described as part of Section 29 , T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Erie approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by- s' that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pleas efer to the enclosed letter. Signed: all wk'_-- / //U. Agency: C / 61� D r -44 41,Q Date: �/Q / 931165 S�1993 woia r.,.......eu---'-- STATE OF COLORADO OFFICE OF THE STATE ENGINEER .of'COCO opat en of r Rea urces Resources Department of Natural Resources .`�%� o i'\„,,_____y. 1313 Sherman Street, Room 818 47676 3 Denver,Colorado 80203 Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor Ken Salazar Executive Director August 25, 1993 Hal D.Simpson State Engineer Ms. Gloria Dunn Weld County Department of Planning Services 910 10Th Street Greeley, CO 80631 Re: Laidlaw Waste Systems, USR-972 Sec. 29, T1N, R68W, 6TH PM W. Division 1, W. District 6 Dear Ms. Dunn: We have reviewed the above referenced proposal to establish a soil stockpile on 100 acres. Submittal materials state that there will be no water use. The applicant does have permits for two wells in Section 29, permits No. 38450-F and 38451-F. We have no objection to the proposal and recommend approval. If you have any questions in this matter, please contact me. Sincerely, j6.9t44/ SC14,1 John Schurer, P.E. Senior Water Resource Engineer JS/laidlaw cc: Alan Berryman, Division Engineer Water Supply Branch �I 1 AUG 3 0 1993 ! Wahl rdy Planning • 931165 m. CP re 3-te/O aUkoi r • 931165 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss NonCE_of PlaN,� Coat Seed's 5 a s. COUNTY OF WELD HEABjN2 sae 100 acres, I, KEITH The Weld County morewlass. HANSEN, of said County of Weld, being duly Planning Commission sworn, say that I am publisher of will hold a public be The hpuseld In the hearing di hearing on Tuesday, c o u n • t WINDSOR BEACON September 7,1893,at CommiasionersY September for the a omm Commissioners' First a weekly newspaper having a general circulation in said Floor,Hearing Room, County County and State, published in the town of WINDSOR, considering a Site in said County Specific Development Qanaa. and State; and that the notice, of which Plan�M an Amended Greeley, oradostreet, the annexed is a true copy, has been published in said Special Ran Amended eyS Colorado. weekly for_ successive weeks, that the notice for the Comments or was published in the regular and entire issue of every property objec89rat related to number of the paper during the period and time of described below.-- the above Approval of the request request may create a should be submitted publication, and in the newspaper proper and not in a vested property right wris the Weed supplement, and that the first publication of said notice pursuant to Colorado County t of was in said paper bearing the date of the Law. Planning Services, sez 1400 N. 1741 Avenue, Greeley, lorado day °f r , A.D., 19 n and the last publication bea ng the date of the APPLICANT:Laidlaw 80831, before the Waste Systems above (Colorado)Inc. or prase • the day of LEGAL publla A.D., 19 and "" ''on. that the said WINDSOR BEACON has been published DESCRIPTION: Part SeMymMr1 tslq continuously and uninterruptedly for the period of 5 of Section 29, TIN, ' °° consecutive weeks, in said County and State, prior to the R68W of the 6th P.M., Copts of- fAe date of first publication of said notice, and the same is a Weld County, apogees,. "- age Colored°. available for newspaper within the meaning rf an Act to regulate inspection in the printing of legal notices an advertisements, approved TYPE AND Department °f May 18, 1931,and allprior is INTENSITY OF Planning Services, r in force. PROPOSED USE: A 1400 N. 17th Avenue, soil storage area for Greeley, Colorado an existing solid 80631 - Phone- 353- waste disposal site 3845,Extension 3540 P LISHER facility (sanitary : Yamaguchi, Subscri e dnd sworn to before m this d (Agricultural) zone Chairperson, Wald of 1911 elay landfill) in the A Judy district. Count CommissionPlanning LOCATION:AdjsolRN to the Town of Erla In the NOT approximately 1/4 Beacononbebed PUBLIC mile west of the �1�. / intersection of Wald ~� a'loop. My commission expires .r v ii\ AUG301993 ) - ""r'f 4 't'r Planning LAND-USE APPLICATION SUMMARY SHEET Date: August 31, 1993 CASE NUMBER: Amended USR-972 NAME: Laidlaw Waste Systems (Colorado) , Inc. ADDRESS: P.O. Box 320, Erie, Colorado 80516 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Erie; approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6. SIZE OF PARCEL: 100 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Health Department. 2. Weld County Engineering Department. 3. Colorado Geological Survey. 4. City of Thornton. 5. City of Northglenn. 6. Town of Erie. 7. Boulder Soil Conservation Service. 8. Mountain View Fire Protection Department. 9. Colorado Oil and Gas Conservation Commission. The Department of Planning Services' staff has received three inquires and one objection from surrounding property owners. 931165 • •,, i'— �l ._2, , t.--7 -;'tE x, l :over., ! .. •�� • . E. • • se � ' a.▪ ",41$.. ..•/ .. I 37 rv�. .° • • fic • ' ., b .. 25 t•a ,..ems ee rex •'� •e'"� • ..t :• • © ---7/7-p XAp ® J� f' t ._0� ` ;IM eir ,� ciant 5 n nn..� ,ti d. f 't- `. '4 • f. .�•[ / • _..- .._- • c \• •� • • - -- -• - _��_s s ore 4'.. � \s I Jam--• l'�/' pa.. 344 Y� ee ... -. •d 1•. ,� ' . • 'I : •. ••• . •• lit • 1 �nk .rte•• fi� �L: _ + � '1.�ann •15' , nnR j F. •I , '� — I• • • 9 v eI II I. 5.a • �,a _0JT1T 4, • • i I' 6,• • I - /:Y.' .P, 4e '�p III.>../•,.r L .H L. ., . .of ..•F.... / •• L ,] ,.a. Ll L, _ .az - 4 r.s. oz . s�4?: � � .re l ._ �• x, Ltsle : d .::;•.•11, c,. �P / y G i� S�4'o.n es ze Ix+ z, _ .x xe .. , F , P .. •- Rb�u ( i L I c I 1 1k;o fe n 1 . J e ' L`" ' '.` . •qqiJ, R` 5 .. • .� _. �. .. 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L fS,'Ivb9u-�c J' ")d j:., 1.,,,-, 931165 FIELD CHECK FILING NUMBER: Amended USR-972 DATE OF INSPECTION: July 27, 1993 APPLICANT'S NAME: Laidlaw Waste Systems (Colorado) , Inc. REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Erie approximately 1/4 mile west of the intersection of Weld County Road 5 & 6. LAND USE: N Weld County Road 6, agricultural ground. E Weld County Road 5, agricultural ground. S Agricultural ground, oil and gas facilities. W Weld County Road 3, agricultural ground. ZONING: N Town of Erie city limits, A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Accesses to the site are from Weld County Road 6. The road is paved as far west as the public use access. Ground on the property varies greatly in elevation. As shown on the plat, the proposed soil storage area is more level and relatively low in elevation. There are 10 or more residences within 1/4 miles south and west of the amended use. Glor a unn, Current Planner 931165 REFERRAL LIST NAME: Laidlaw Waste Systems (Colorado) Inc. CASE NUMBER: Amended USR-972 REFERRALS SENT: July 23, 1993 REFERRALS TO BE RECEIVED BY: August 6, 1993 COUNTY TOWNS and CITIES Attorney _Ault X Health Department Brighton Extension Service X Broomfield _Emergency Management Office Dacono _Sheriff's Office Eaton X Engineering X Erie _Housing Authority _Evans Airport Authority Firestone _Building Inspection _Fort Lupton Frederick STATE Garden City X Division of Water Resources Gilcrest X Geological Survey Greeley X Department of Health _Grover _Department of Transportation Hudson _Historical Society Johnstown Water Conservation Board Keenesburg X Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 New Raymer Eaton F-4 X Northglenn _Fort Lupton F-5 Nunn Galeton F-6 Pierce _Hudson F-7 _Platteville Johnstown F-8 Severance _La Salle F-9 X Thornton X Mountain View F-10 Windsor _Milliken F-11 _Nunn F-12 COUNTIES _Pawnee F-22 X Adams Platteville F-13 X Boulder Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 _US Army Corps of Engineers _Windsor/Severance F-17 USDA-APHIS Veterinary Service Wiggins F-18 X Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. Brighton _Panhandle Eastern Pipe Line Co. _Fort Collins Tri-Area Planning Commission _Greeley X Director of Planning X Longmont City of Lafayette _ West Adams 1290 South Public Road Lafayette, CO 80026 COMMISSION/BOARD MEMBER X Shirley Camenisch 931165 TO DEPARTMENT OF PLANNING SERVICES I'DPHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI �• 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: July 23, 1993 CASE NUMBER: Amended USR-972 TO WHOM IT MAY CONCERN: -Enclosed is an application from Laidlaw Waste Systems (Colorado) , Inc. , for a Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. The parcel of land is described as part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Erie approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: Ja1165 44tti'ffi MEMORIIIIDUM lliDc To Weld County Planning Data August 4, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Hea� Subject: -Case Number: Amended USR-972 Name: Laidlaw Waste Systems, Inc. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. The proposed amendment to USR-972 shall be limited to the approximate 100 acres located in the West one-half (W 1/2) of Section 29, Township 01 North, Range 68 West of the 6th P.M. , Weld County, Colorado. The use of this 100 acres shall be for soil storage only. 2. Fugitive dust shall be controlled on this site. 3. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 4. A dust abatement plan for the additional amended area shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. 5. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. -6. Ile facility shall obtain and operate in compliance with any required Air Emissions Permit as required and approved by the Air Pollution Control Division of The Colorado Department of Health. 7. The facility shall be operated in compliance with all local, county, state, and federal rules and regulations. 8. Soil stockpiles which remain out of use for a period of greater than seven (7) months shall be stabilized by the re-vegetation. The Division recommends that the stockpiles be re-vegetated as soon as possible after establishment. 9. The facility shall obtain a stormwater discharge permit from the Colorado Department Health Water Quality Control Division for the additional acreage. rinal WPM "aty Panning 9;311- 65 Laidlaw Waste Systems, Inc. Amended SJSR-972 August 4, 1993 Page 2 10. The facility -shall provide an adequate water supply in order to maintain the soil stockpiles as well as all haul roads. 11. The facility shall obtain written approval from the U.S. Corps of Engineers prior to filling any drainage. A copy of this documentation shall be provided to the Weld County Health Department. TJ/lam-1499 S33365 4 ,(!r €moRnn1Dum � � 1111€ Hanna Dunn �o Planning de oa�a August 2, 1993 COLORADO From Donald Carroll l�/ e`` ..s _subject Laidlaw Waste Systems, Inc. Amended USR-972 I -have reviewed the application and have the following comments: 1. The proposed area will be used for stockpiling material only. The need for the proposed use is to stockpile material for re-use as a _daily covering and a final covering. No public traffic will be using the stockpile facility, only the contractor storing soil and accessing the material. 2. There will be no change in the public access to the landfill facility. This access is covered by the landfill funds. 3. The applicant is indicating before Anyfills will be placed in a drainage, approval will be received from the U. S. Corps of Engineers. Laidlaw is currently seeking the Corps of Engineers' approval. 4. The applicant is indicating if the stockpile is there greater than seven months, it will be stabilized and revegetated. The applicant is indicating that they will place a silt fence to maintain silt retention to catch runoff from the stockpiles. If all these items are in place as indicated in the application, l have no conflict with this application. cc: Commissioner Baxter File USR-972 Arr. -AUG 3199�� to WOO r-minty Planning mgloria7.pds 931165 STATE OF COLORADO COLORADO TkEOLOGICAL SURVEY <bvo� Division of Minerals and Geology :, Department of Natural-Resources .� fr»a 1313 Sherman Street, Rm. 715 tine/ Denver,Colorado 80203 Phone(303)866-2611 FAX(303)866-2461 Roy Romer Governor Ken Salazar Executive Director Michael B.Long Division-Director Vicki Cowart State Geologist and Director August 16, 1993 WE-94-0001 Ms. Gloria Dunn Department of Planning-Services Weld County Administration Offices 14(X)N. 17th Ave. Greeley, CO 80631 Dear Ms. Dunn: Re: Denver-Regional Landfill (South) Special Review. We-have reviewed the material submitted in support of the above referenced-application and the general and engineering geology of the site. We concur with the findings and opinions found in the reports by Mssrs. O'Sadnick and Otis and we have no objection to the approval of this application. We do take exceTtion to one minor point in the Otis report where the statement is made that-no water will be required as a part of this proposal. We believe that a small amount of additional water will be required for dust suppression on the haul roads at in the active portions of the stockpile from time-to-time. Additionally some irrigation to establish vegetation may be required on an infrequent basis. This water demand is probably within the existing capacity at the facility and should not present any problems to the overall operation but it should be noted in the interests of accuracy and completeness. Yours very truly, Jeffrey L.-nynes� / Senior Engineering Geologist JH:B:\dln 3ZC AUG 1 8 1993 � wpm -u Planning � 1S �` Civic Center City of IIle Thornton 9500 Civic Center Drive P.O.d3ox 291220 Thornton, Colorado 80229-1220 August-4,1993 Gloria Dunn, Current-Planner AUG 5 1993 Department of Planning Services Weld County Administrative Offices rgpt,ir ^YyP18sAfpp. 1400 N.17th Avenue Greeley, CO 80631 RE: Laidlaw Waste Systems Soil Storage Case # Amended USD X372 Dear Ms. Dunn: I have-reviewed the application from Laidlaw Waste Systems (Colorado), Inc., for a SiteSpecific-DevelopmentTlan, and an Amended Special-Review-Permit for a soil storage area for an existing solid waste disposal site facility in the agriculture zone district. The area designated as the soil storage site is located within the 1-991 Growth and Preservation Policies Plan for Southern Weld County and Northern Adams County. The intent of this regional policy is to establish a base for interjurisdictional cooperation on land use issues, and to formulate policies which serveas aguideline for the-evaluation of development patterns. According to theplan, the subject area falls within the "_rural" land use designation. A rural community is defined as an area of agricultural activities and agricultural production exclusive of other, incompatible land uses. There are a number of policies which address this parcel. They include: Policy N7.: When intense uses must be located within this regional area, they should be located, developed and operated in a manner that minimizes interference with agriculture, rural settlement patterns, existing residential communities, and environmental preservation areas. Project Compliance: According to the Use by Special Review Permit application, the area is located in an ar-ea which satisfies these requirements with the exception of interference with agriculture. Policy RU-1: Land in rural, unincorporated areas should be used primarily for agricultural purposes. "The City of Planned-Progress" 931165 Department of Planning Services Ms. Dztnn August 4, 1993 Page 2 Project Compliance: Theproject will utilize approximately 100 acres of agricultural land. Policy RU-2: Non-agricultural development in agricultural areas should be buffered from adjacent uses-through one or more of the following: arterial thoroughfares, open space, landscaping, and/or screening. Project Compliance: The land area is surrounded by county roads, dryland farming, an auto Salvage yard, Erie Airpark, limited residential uses, and oil and gas production. The only off-site residential structures are approximately 2,000 feet from the existing landfill to the northeast. Landscaping or screening should be considered on-the northeast-side of the site. The Growth and Preservation Policies-Plan strongly discourages non-agricultural uses on agricultural land. The application has indicatedthat agriculture is not the highest and best use of the land. The proposed -soil storage facility is not comprised of contaminated soil,and may provide a buffer between the Existing landfill and adjacent agricultural land. The facilityis not located in the proposed T-470 region and will not adversely affect commercial or industrial development. Therefore, it is our opinion, based on the above information, the proposed soil Storage area will not create a significant hazard or effect on growth and preservation within the site vicinity. Thank you for allowing the City of Thornton to comment on this project. Sincerely, Joel Sadilek Planner I cc: Dave Callahan, Planning and Development Manager File 931165 (IllTOWN OF ERIE 4 b� 645 HOLBROOK P.O.BOX 100 9 •e' ERIE,COLORADO 80516 LOCAL(303)828-3843 / METRO(303)665-3555 \\ o b/ August 9, 1993 Gloria Dunn, Planner Department of -Planning Service-s Weld County Admi-nistrative Offic-es 1400 N . 17th Avenue Greeley, CO 80-631 Referral : case number USR — 972 Dear Gloria Dunn Here we have another expansion of landfill activities on land near Erie. The Erie Planning and Zoning Commission want to inform you that the Laidlaw South landfill site was determined to be i-n violation of Town Ordinance 4 -414 (see enclosure) and that any approval of any application aiding the further operation would be contrary to the Public health and safety. Approval of this applicatban would further the landfill in violation. The Town of Erie has a sincere desire to adequately regulate any landfillirrg and to prevent excessive amounts of this activity for health, safety and -welfare reasons . -Excessive landfilling activity can be injurious to the Town -of Erie . Some discussion was theld concerning what proo₹ existed to substantiate that subsidence had occurred . No proof was offered -by Laidlaw engineering representatives. I believe the subsidence determinati-on is -based on engineering theory, no physical testing was performed. Additional comments were that if the dust created by moving this pile of dirt -was as bad as the previous digging of the hole they would -have prod-ems with any approval . 1 did see the dust clouds of that operation and it billowed thickly hundreds of yards vertically and horizontally over other lands on many occasions . Unfortunately, County offirrials are too far -away and very busy to respond timely in catching this problem. This is an example of why land-filling is of local concern, especially at the municipal level . oEC IV �� -AUG 1j1993 1.1 Weld Cindy Planning POLICE DEPT. P.O.BOXS10 METRO(303)449-3156 LOCAL(303)828,3200 LONGMONT FIRE PROTECTION DIST� 3D3 6 66--4404 I do find it somewhat amusing that one of the largest solid waste companies in the World claims that one of its best efforts of -engineering and planning for a fool proof landfill foolishly forgets that it needs a place to put the dirt they dig out . This could cast doubts of the r-eliability of any data or plans supplied fox this landfill . Some members of the audience mention that this could be a prelude to allow landfilling of the area Laidlaw wishes to put the dirt pile on. My experienc-e would lead me to believe that, in time, a proposal for landfilling this -space may be submitted . Laidlaw has appealed to District Court _requesting a stay in Erie enforcement -action . ( Case number 93CV361 Div. 1 ) It would be prudent that Weld County officials await the action of the Court in this matter before _approving this proposal . Sincerely, Scott A. Hahn 931165 RESOLUTION 93-11 RESOLUTION OF FINDINGS OF FACT BY THE BOARD OF TRUSTEES OF ERIE, COLORADO WHEREAS , section 2 of Ordinance No . 414 provides for review;al t. a public hearing by the Board of Trustees of Erie, Colorado of fly proposed expansion of a solid waste disp-osal facility in order To determine whether the facility is offensive or unwholesome ithin the meaning of C.R. S . E1-15 S01 and to prohibit the same if he determination -so warrants WHEREAS , The Board of Trustees having determined Offensive to can: highly irritating or annoying; unpleasant or disagreeable to - he senses ; and/or causing resentful displeasure AND having retermined Unwholesome to mean deleterious to health , physical , or floral well-being and WHEREAS , The Board of Trustees of Erie , Colorado having heard ( 11 the evidence presented before it relating to the proposed aidlaw -expansion and WHEREAS , The Board of Trustees of Erie , Colorado having given areful consideration to all the evidence -presented before it elating to the proposed Laidlaw expansion and WHE42EAE , the Board of Trustees of Erie, Colorado having viewed + 11 the evidence especially in light of the Review Criteria pecified in Section 4 of Town Ordinance 414 NOW THEREFORE and based upon all the evidence presented before Lt, the Board of Trustees do hereby make the following findings of act : 1 . With respect to Criteria (a) of the Review Criteria : Fhe Board finds that the proposed expansion of the solid waste iisposal facility would have an offensive and unwholesome effect on the property surrounding the facility . The propo-seed expansion .would serve only to further increase the already offensive and Jnwholesom-e effects which the present facility has -caused . The offensive and unwhol-esome effect is the extremely heavy oncentration of bird activity resulting from the landfill which is a proven hazard to air traffic in proximity to the Tri-County Airport . Although a bird-study is -still underway , pursuant to an FAA requirement, the Board hereby makes an independent finding that the bird hazard is offensive and unwholesome -with respect not only to the airport, but to other surrounding residential property areas 931165 +s well . Testimony has shown that additional unwholesome and offensive affects of the proposed expansion on the surrounding property would oe the resulting increase in area traffic and thus an increased deed for policing of roads; increased pollution and. litter ; and .ncreased nuisances acid hazards . Also homeowner testimony has ndicated that area property values have decreased substantially hie to the presence of the Laidlaw landfill and such values are . ikely to decrease further as a result of the expansion . The Board )as been presented with no evidence to the contrary , only :onclusory allegations by Laidlaw that values cannot be further iepreciated . {dditionally, the Board does not feel that it is in any way hound >y any determination of compatibility made by Weld County. In ;port, the Board feels that with respect to the effect on surrounding property, Laidlaw' s position paper makes many lonclusory determinations which are in direct conflict with the ictual findings of fact made by the Board and summarized above . 2 . With respect to Criteria (b) of the Review Criteria : -he Board finds that an analysis of the factors which re/ate to ;onvenience and accessibility makes this a borderline issue which the Board doer not determine at this time to be per se offensive nd unwholesome . 3 . With respect to Criteria (c) of the Review Criteria : 'he Board finds that there is a severely increased risk of .ffensive and unwholesome effects due to the location of the ,aidlaw facility just outside the Town limits , the facility is not subject to Town regulation. 'rior regulatory problems -with a Laidlaw landfill which was subject -.o Town regulation were only resolved because of Town regulatory ntervention and, in contrast to the implications of the Laidlaw V ositlon Paper, clearly were not adequately addressed through :aunty and State regulation. Since this intervention would not be nathor.ized with respect to the proposed expansion, the Board finds `_hat the resulting increased risk of offensive and unwholesome -affects is unacceptable . 4 . With respect to Criteria (d) of the Review Criteria : he Board has determined that the cumulative impact in light of the ;proliferation of landfills in the area in and of itself is causing n offensive and unwholesome impa-ct to the extent that , particularly when viewed -along with the other Criteria - leterminat.ions especially with regard to lack of ability for Town -egulation, this landfill -expansion is judged -to be offensive and unwholesome . 931165 Said cumulative impact includes cumulative increase in traffic and litter , For example, the Town had a clean-up day in the airpark area in which the citizens participated . Citizen testimony revealed that citizens were picking up trash on clean-up day which they had already disposed of . In other words , citizens were finding trash by the airport which they had already thrown aw;iy but was blowing over from the landfill . The Board has received clear indications from Town resident;, that they are opposed to any further landfill development , particularly if such it not subject to Town regulation . Town residents as well as the Board feel that it is offensive and unwholesome for the Town of Erie to be further surrounded by landfills or expansion therof . The Board finds conclusively that public opinion is clearly that no one wants to have their community surrounded by landfills . With respect to the Laidlaw Position Paper, the Board feels that if further landfill operations are to take place in the area , it would be preferable to permit the already approved landfill within the Town limits which will be subject to Town regulation as opposed to the expansion of a landfill which -has nut yet received approval and which would not be subject to Town regulation . 4 . With respect to Criteria (e) of the Review Criteria : The Board finds that the proposed landfill expansion would be offensive to the senses of sight, smell and thearing . This is based on testimony and other evidence as to the already offensive nature of the landfill in this regard which could only be exacerbated should the proposed expansion occur . 5 . With respect to Criteria (f ) of the Review Criteria : The Board finds that, notwithstanding the allegations : n the Laidlaw position paper, the increased accumulation of obnoxious wastes which would inevitably result from the proposed expansion would be offensive and unwholesome . Again, this relates primarily to the cumulative impact of the wastes especially in view of the absence of Town regulation . 5 . With respect to Criteria (g) of the Review Criteria : The Board finds that the -potential _for improper storage of material which may create a hazard or nuisance creates a potential unwholesome effect in that it could be deleterious to health or physical well-being. The Board would have no way of determining if the material at the proposed expansion was stored properly because of the absence of Town regulation . Additionally , the Bo:arc is deeply concerned about evidence which has been presented as to the potential danger involved with respect to mine shafts . 7 . In response to the allegations in the Introduction of the Laidlaw position paper, the -Board recognizes that many of the 931165 r ,ffensive and unwholesome effects upon which it tases its decision .' re only potential at this time, but any effects of any proposed ,otivity are only potential until such activity takes place . 'levertheless , the Board must make its analysis in light of the urrent situation which includes the already existing contractual thligation with respect to the landfill which will be operating i_thin the Town limits and other currently existing concerns entioned throughout these findings . Therefore, application of the Criteria in Ordinance 414 as to )roposed new landfills or landfill expansions are to be analyzed in ';his light and in any event there is substantial evidence of record is to the operation at present time to warrant a finding that the andfill is "offensive and unwholesome, " The Board does not feel that Ordinance 414 exceed-s the scope of statutory authority granted under C. R. S . J1-15-501 . clearly, if the statute were truly "outdated" , the statute would have been removed )r replaced . IT IS THEREFORE RESOLVED THAT the proposed Laidlaw expansion alifies as offensive and ulwhnlesnme under Town Ordinance 414 and s therefore hereby officially prohibited effective J'uie 24th , [993 , RESOLVED AND APPROVED by the Board of Trustees of the Town of rie, Colorado by a vote of _ 5 _ for and 2 against this 24th day )f June , 1993 . T s ee Smith - for ""``�'� (4 /Pe /C/7 • Mike E. Wood f, yor - against trustee Sullivan - for Att-est: rustee Morgan - for .-- licsitic_ nice Sayre, tn Clerk Trt�e Langerak - for drill C77, u�N Trustee Fo ar — against :S. 2��Y �„<ij+ :. tip r Tr ee I�ei _ S e 0�J,N-x ,17 y for �y 1.., :(l . "ICk&.Ii ') P: , t "4 ga,uamsvl 9O r. n 9131165 ORDINANCE NO. 414 AN ORDINANCE CONCERNING THE REGULATION OF LANDFILLS WHEREAS, pursuant to Colorado Revised Statutes Section 31-15-501 , it is within the power and authority of the Trustees of the Town of Erie , Colorado to prohibit the creation, placement or conduct of offensive or unwholesome activities within or within one mile of the outer limits of the Town; and WHEREAS, excessive operations of solid wastes disposal sites or facilities are activities inherently offensive to the senses of sight, smell, and hearing , as well a threat to the health, safety, and welfare of persons residing in their vicinity; and WHEREAS, pursuant to Colorado Revis-ed Statutes Section 30-20-110 ( I ) ( b) , solid wastes disposal sites and facilities must comply with all applicable zoning laws and ordinances ; and WHEREAS, the Trustees of the Town of Erie , Colorado are charged with the responsibility of protecting the health, safety, and welfare of the citizens of the Town ; and WHEREAS, the region surrounding the Town of Erie has permitted landfill capacity exceeding the amount required to dispose of solid waste produced by the citizens of this Town; and WHEREAS, the burden of Boulder or Denver Metro solid waste should not be placed on the shoulders of the Town of Erie ; and WHEREAS, the proliferation of Landfills may negatively affect this regions development and tax base ; and WHEREAS, the variation of types of landfills is too great to he listed in an inclusive list, and therefore must be determined on a case by case review; and WHEREAS, the expansion of existing solid wastes disposal sites and facilities beyond the acreage presently occupied by or fully zoned and permitted for that purpose within or within one mile of the outer limit-s of the Town would compromise the health, safety, and welfare of the citizens -of the Town, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE; TOWN OF ERIE, COLORADO: SECTION 1 . DEFINITIONS: As used in this Ordinance : • ' • ( 1 ) "Solid Wa-ste" means any garbage, refuse , sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, 931165 2 including solid , liquid , semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities . "Solid waste " does not include any solid or dissolved materials in domestic sewage , or agricultural wastes , or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions at the "Colorado Water Quality Act" , Article 8 of Title 25, C . R . S . ( 2 ) "Solid wastes disposal site and facility" means the location and facility at which the deposit and/or final treatment of solid wastes occur. SECTION 2 . SOLID WASTES DISPOSAL SITES OR FACILITIES ESTABLISHMENT OR EXPANSION PROHIBITED. On and after the effective date of this Ordinance , the establishment of a new solid wastes disposal site or facility , or the expansion o:L an existing solid wastes disposal site or facility , within the limits of the Town of Erie , or within one mile beyond the outer limits of the Town of Erie , shall be reviewed by the Board of Triiste-es of Erie , Colorado at a public hearing to determine whether the site or facility is, or would be , offensive or unwholesome , within the meaning of the Colorado Revise-d Statutes section 31- 15-581 and is hereby prohibited . A partial list of criteria to ju-dge said determination is included in section 4 of this Ordinance . SECTION 3. LIMITATEONS Nothing in this Ordinance shall be construed to limit or abridge existing contract rights between private parties -and the Town of Erie for the operation of any existing solid wastes disposal site or facility, nor to restrict access to or use of any existing solid wastes disposal site or facility by any person . Nothing in this Ordinance shall prohibit the operation or construction of a solid wastes disposal site or facility on land which, on the effective data of this Ordinance , has received all necessary approvals Pram the Board of Trustees of the Town of Erie , Colorado for the operation of such solid wastes disposal site or facility. SECTION 4 . REVIEW CRITERIA The criteria to be used by the Board of Trustees of Erie , Colorado to determine whether a solid waste site or facility is offensive and unwholesome includes by i-s not limited to the following ; ( a ) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions ; ( b) The conveni-ence and accessibility of the solid wastes disposal site and facility to potentia9jjC ' 3 users; ( c ) The ability of the applicant to comply with the health standards and operating procedures provided by -the County and such rules and regulations as may be prescribed by -the County Department of Health and the Board of Trustees of the Town of Erie ; ( d ) The number of permitted landfills and capacity thereof; ( e ) The creation of offensive impacts to the senses of sight, smell , and hearing; ( f ) The accumulation of putrescible or obnoxious wastes; ( g ) The improper storage o1 any material which may create a hazard or nuisance . SECTION 5 . SEVERABILITY If any article , section, paragraph , sentence , clause , or phrase o1 this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance . The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid or unconstitutional . SECTION 6 . EFFECTIVE DATE - EMERGENCY DECLARED Pursuant to Colorado Revise-d Statutes, Section 1-40-115 ( 1 ) this Ordinance shall be effective upon adoption by the Board and signature of the Mayor. This Ordinance is necessary for the immediate preservation of the public peace , health, and safety, for the reason that the establishment of new solid wastes disposal sites or facilities or the expansion of existing such sites or facilities on to property not already fully permitted for such uses, either within the limits of the Town of Erie or within one mile from -the outer limits of the Town , threatens the health , safety, and welfare of the citizens of the Town. This Ordinance is necessary to prevent -the establishmn-t of additional solid wastes disposal sites or facilities as an immediate threat to the health, safety, and welfare of the citizen-s of the Town . INTRODUCED, READ, ADOPTED AND APPROVED by the Board of Trustee-s of the Town of Erie , Colorado by a vote of 4 for and 0 against this 10th day of April , 1991 . TOWN OF ERIE, COLORADO 9aii65 i J / 4 B y`/! a �"'`Y/�i // -7 Michael E . Woodruff , May ATTEST : anice Murphy, 'o Clerk 931165 EJNj.Tr"D 3SIA1FS ',c)i. l 9'a'.r Nelson Road }1I.7 orrARTMENF OF conservation Longmont., CO. 80501 AI:;UI:GUI..1 LIRE Service Phone 176-40.A July 21. 199?; Boulder Valley SGLr 9595 Nelson Rd. 111.1 Longmont. Colorado 80501 RF ; I...ai.dl;.a.w Waste Systems, inc. [ his Special Use Permit seeks to modify the existing permit to allow for the stoc:kpi lei ng of soils to be used in covering the trash. There was mention ot revegetat.ing those piles left over seven month, but, there was no indication as to how this would be accomplished. .l can not find any other problems at this time. Sir re.1y, Norrrf; ri ..I _ Wells, .3r,. District. Conservationist 9311.65 0 � ENT OF PLANNING SERVICES NIB 7 199 PHONE(303) 353-3845, EXT. 3540 JUL 2. ELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE 1Neld� 1nty?Ianning GREELEY, COLORADO 80631 COLORADO' Date: July 23, 1993 CASE NUMBER: Amended USR-972 TO WHOM IT MAY CONCERN: Enclosed is an -application from Laidlaw Waste Systems (Colorado) , Inc. , for a Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. The parcel of land is described as part of Section 29, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for -which this application has been submitted is adjacent to the Town of Erie approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6 . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by rib- that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. XX We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . Please refer to the enclosed letter. Signed:w�\`fit Agency: Mountain View Fire Protection District Date: July 21993 91.165 re— it ci.;%••::, DEPARTMENT OF PLANNING SERVICES PHONE (303) 353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 111111 C 1400 N. 17TH AVENUE O GREELEY, COLORADO 80631 JUL 61S°3 COLORADO • COLO.OIL&G..J LV./J.LL ; M Date: July 23 , 1993 CASE NUMBER: Amended USR-972 TO WHOM IT MAY CONCERN: Enclosed is an application from Laidlaw Waste Systems (Colorado) , Inc. , for a Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. The parcel of land is described as part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Erie approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please' • refer D to the enclosed letter. �r Signed: / " `2"� GJ.�/f, Agency:f.aoRmao C)/1- 44.45 CoAnc4th r,oN 1,om.,-li55io,J Date: '7- .V 7'97 D - art: AUG 2 1993 Imo!'r-,j-r1 Planning 9.1165 DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WOG 1400 N RA AVENUE GREELEYEY, COLORADO 80631631 COLORADO Date: July 23, 1993 CASE NUMBER: Amended USR-972 TO WHOM IT MAY CONCERN: Enclosed is an application from Laidlaw Waste Systems (Colorado) , Inc. , for a Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. The parcel of land is described as part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Erie approximately 1/4 mile west of the intersection of Weld County Roads 5 and 6. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3, X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please xef-er to the enclosed letter. Signed: l yr Aj . a.+- Agency: /le 0/ ,1i' Date: r'./ef?a rT'Nac+fT et , /flea— AUG 91993 Weld COWS Plush*931165 I liDEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. UE EY,140 N ORA O 8 631 GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, September 7, 1993, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and an Amended Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Laidlaw Waste Systems (Colorado) Inc. LEGAL DESCRIPTION: Part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. LOCATION: Adjacent to the Town of Erie; approximately 1/4 mile west of the intersection of Weld County Road's 5 & 6. SIZE: 100 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 7, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published o e (1) ti e by August 5, 1993. Received by. Date: 931165 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Amended USR-972 for Laidlaw Waste Systems (Colorado) , Inc. , in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 4th day of August, 1993. 911165 SURROUNDING PROPERTY AND/OR MINERAL OWNERS SUBSURFACE ESTATES/INTEREST OWNERS Laidlaw Waste Systems (Colorado) , Inc. Amended USR-972 Union Pacific Land Resources Corporation P.O. Box 2500 Broomfield, CO 80020 George S. , Genevieve, Edmiston, and Robert Reynolds Longmont National Bank Co-Trustees P.O. Box 675 Longmont, CO 80501 Freda June Erwin 2040 George Street Billing, MT 59102 GSX Denver Regional Landfill, Inc. c/o Bob McKenzie P.O. Box 122283 Ft. Worth, TX 76116 Daniel R. and Jacqueline S. Horst 2240 Weld County Road 5 Erie, CO 80516 Environmental Recycling & Disposal, Inc. c/o Zigan San and Gravel 10800 E. 124th Avenue Brighton, CO 80601-7114 Laidlaw Waste Systems P.O. Box 122283 Ft. Worth, TX 76116 Cencall, Inc. 3231 S. Zuni Street Englewood, _CO 80110 Colorado Landfill, Inc. c/o Bob McKenzie P.O. Box 12283 Ft. Worth, TX 76116 931165 SURROUNDING PROPERTY AND/OR MINERAL OWNERS SUBSURFACE ESTATES/INTEREST OWNERS Laidlaw Waste Systems (Colorado) , Inc. Amended USR-972 Barb, Ltd. c/o C.F. Knobbe Pent Partnership 7470 Highway 73 Evergreen, CO 80439 H. Sol Cersonsky or Jack D. Feuer, Trustees 8400 E. Prentice Avenue, #600 Englewood, CO 80111 Stanley A. and Leone M. Zimmerman 16005 Inglewood Road, NE Bothell, WA 98011 Goodnight/Lowery, Inc. A Colorado Corporation 2008 Finch Street Colorado Springs, CO 80909 Baseline Investment Company c/o Poole and Company 2201 Kipling Street Lakewood, CO 80215 Kenneth E. Pratt c/o Pratt Agency 1960 Industrial Circle Longmont, CO 80502 Karen K. Dramer c/o Pratt Agency 1960 Industrial Circle Longmont, CO 80502 Rocky Mountain Fueld Company, Del Corporation 910 15th Street, #756 Denver, CI 80202 Snyder Oil Corporation 777 Main Street, Suite 2500 Ft. Worth, TX 76102 931165 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140O GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO DATE: July 29, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Amended USR-972 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, September 7, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Laidlaw Waste Systems (Colorado) , Inc. FOR: A Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 29, 1114, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Erie; approximately 1/4 mile west of the intersection of Weld County Road' s 5 & 6. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or _telephone Gloria Dunn, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 921165 EXHIBIT D Certified List of Names and Addresses of Property Owners From Weld County Assessor's Office 931165 AFFIDAVIT OF INTEREST OWNERS ORDER NO. WM27856 MINERALS AND/OR SUBSURFACE Application No. Subject Property WWD LIMITED LIABILITY COMPANY PART OF 29-1-68 • STATE OF COLORADO ) ss. -COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which 1s the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. T(DY L. ME ' c!' WELD COUNTY TITLE COMPANY The foregoing instrument was subscribed and sworn to before me this 0/1 day of At/z) , 19tr5 WITNESS my hand and official seal. My Commission expires: 1--/-S Notary Public • 931165 PAGE IA ORDER NO. WM27856 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION II UNION PACIFIC LAND P.O. BOX 2500 146719000013 RESOURCES CORP BROOMFIELD, CO 80020 REYNOLDS GEO S. & P.O. BOX 675 146719000018 GENEVIEVE & EDMISTON LONGMONT, CO 80501 146732000011 ROBERT B & LONGMONT NATL BANK CO-TRUSTEES FREDA JUNE ERWIN 2040 GEORGE STREET 146720000010 BILLINGS, MT 59102 GSX DENVER REGIONAL P.O. BOX 122283 146720000011 LANDFILL INC FT WORTH TX 76116 %BOB MC KENZIE HORST DANIEL R & 2240 WELD CO RD 5 146721000029 JACQUELINE S ERIE CO 80516 ENVIRONMENTAL RECYCLING 10800 E 124TH AVE 146728000032 & & DISPOSAL INC BRIGHTON, CO 806017114 146728000034 %ZIGAN SAND AND GRAVEL LAIDLAW WASTE SYSTEMS P. 0. BOX 122283 146729000006 FT WORTH TX 76116 CENCALL INC 3231 S ZUNI ST 146729000-009 ENGLEWOOD CO 80110 COLORADO LANDFILL INC P. 0. BOX 12283 146729000020 % BOB MCKENZIE FT WORTH TX 76116 WELD COUNTY 915 10TH STREET 146729000041 & 146732000032 & GREELEY, CO 80631 146733000018 931165 EXHIBIT E Certified List of Names and Addresses of Mineral Owners From Weld County Assessor's Office 9211165 PAGE 2 DRDER NO. WM27856 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # BARB LTD 7470 HWY 73 146730000014 % C F KNOBBE PENT EVERGREEN CO 80439 PART. CERSONSKY H SOL %/OR 8400 E PRENTICE AVE #600 146731001000 FEUER JACK D TRUSTEES ENGLEWOOD CO 80111 ZIMMERMAN STANLEY A. 16005 INGLEWOOD RD NE 146732000030 & LEONE M BOTHELL WA -98011 GOODNIGHT/LOWERY, INC 2008 FINCH STREET 146732000031 A COLORADO CORP. COLORADO SPRINGS CO 80909 BASELINE INVESTMENT CO 2201 KIPLING ST 146733000019 % POOLE & CO LAKEWOOD CO 80215 931165 • ORDER NO. WM27856 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property WWD LIMITED LIABILITY COMPANY PART OF 29-1-68 • STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. RUDY L. l /� ME WELD COUNTY TITLE COMPANY The foregoing instrument was subscribed and sworn to before me this ()1/1 day of Utthl WITNESS my hand and official seal. My Comm1ssfih.p expires: /3-4-9-3 (/ 1_NV Notary Public PAGE 1 • 931165 ORDER NO. WM27856 NAMES OF OWNERS OF MINERALS AND LESSES OF MINERAL OWNERS KENNETH E PRATT 1960 INDUSTRIAL CIRCLE %PRATT AGENCY LONGMONT CO 80502 KAREN K. KRAMER 1960 INDUSTRIAL CIRCLE %PRATT AGENCY LONGMONT CO 80502 UNION PACIFIC RAILROAD ADDRESS UNKNOWN ROCKY MONTAIN FUEL CO DEL CORP 910 15TH STREET #756 DENVER CO 80202 SNYDER OIL CORPORATION 777 MAIN STREET SUITE 2500 FORT WORTH TX 76102 PAGE 2 9311 6S REYNOLDS CATTLE COMPANY P. 3 CE S Lon ado 80501 (303) 0 Phone 535-5- gmont, Color 4271 AUG 2 6 1993? Wahl n °'aty Planning itefr cOUn.71y c mAria //!/s / /eel Airs riot J nn• del yon/ nf PM y5" //m;s /r f1 ' /aft me �— i / �h� "xesici in 77.2 f ieln1" ,— cc eY/e Cer l fP!/ e frivitl 1/7 /ft lyi c 7 / A-Xi y. f -e df , s /nclel y 931105 REYNOLDS CATTLE COMPANY P. 0. Box 675 Longrnont,Colorado 80501 Phone (303) 535-4271 Je// 0,/' //'hhi y ` (/!/ e CO /o'IwA/JI/it c % h CC, / 9-00 k / / /7r• 74,/, ,> vh n � Lr y1c/cC I //ha 1-,Le//e7 /i_or yve'r V /t7-;cc 5a/w -�' �yn a ( !tile' :2ay0/ spies (it p DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO July 29, 1993 Laidlaw Waste Systems (Colorado) Inc. P.O. Box 320 Erie, CO 80516 Subject: Amended USR-972 - Request for a Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility (sanitary landfill) in the A (Agricultural) zone district on a parcel of land described as part of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. Dear Sirs: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for September 7, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Cities of Broomfield, Northglenn, and Thornton, and the Town of Erie Planning Commissions for their review and comments. Please call Kirk Oglesby, in Broomfield, at 469-3301, Jerome Starling, in Northglenn, at 450-8743, David Callahan, in Thornton, at 538-7295, and Scott Hahn, in Erie, at 665-3555, for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Broomfield, Northglenn, Thornton, and Erie Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to August 25, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than August 27, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under 931165 Laidlaw Waste Systems (Colorado) , Inc. Amended USR-972 Page 2 consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, to is Dunn Current Planner GD/sfr pc: Fred L. Otis Bank One Plaza, Suite 300 Greeley, CO 80631 931165 DOYLE, ICLEIN, ons, FREY, HELLERICH & LAZAR ATTORNEYS AT LAW Richard N. Doyle Suite 300 Henry C. Frey BANK ONE PLAZA DENVER METRO Thomas E. Hellerich 822 7th STREET (303) 659-7576 Roger A. Klein GREELEY, COLORADO 80631 FAX Michael A. Lazar (303) 353-6712 Fred L. Otis 13031 353-6700 July 30, 1993 Mr. Chuck Cunliffe, A.I.C.P. Planning Director Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 806312 Re: Amended USR Application Dear Chuck: Please find attached a revised legal description for the referenced application which includes the previously permitted portion of the Laidlaw landfill and the 100 acre excess soil stockpile. If you have any questions or observations, please call. Sincerely, � _Gcl' Fred L. Otis Attorney at Law FLO:cas Enclosure 0r , Fa. )1 AUG 21993 wcirri .°"My Planning 931165 P.3 MO1b I'GOMERY•PHILLIPS, INC. LAND SURVEYING 7550 W. Yale Aue•., Suite 110 Denver, CO 80227 PH(303) 989-3383 • FAX(303)989.8944 JULY 29, 1993 JOB NO. 349. 002 LEGAL DESCRIPTION: DENVER REGIONAL LANDFILL (SOUTH) INCLUDING 100 ACRE EXCESS SOIL STOCKPILE AREA IN SECTION 29, T N, R 68 W A TRACT SITUATED IN SECTION 29, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE NORTH 0°05'32" WEST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 1043. 12 FEET; THENCE NORTH 89°54 '28" EAST, A DISTANCE OF 30. 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0°05 '32" WEST, A DISTANCE OF 2851 . 77 FEET; THENCE SOUTH 89°38 '05" EAST, A DISTANCE OF 1285.30 FEET TO THE WEST BOUNDARY OF THAT CERTAIN PARCEL DESCRIBE IN RECEPTION NO. 02127500; RECORDS OF SAID COUNTY; THENCE NORTH 0°02 '02" WEST ALONG SAID WEST LINE A DISTANCE OF 1382.13 FEET TO THE NORTH LINE OF SAID PARCEL; THENCE SOUTH 89°37'23" EAST ALONG SAID NORTH LINE, A DISTANCE 071633.42 PEET TO THE BAST LINE AF SAID PARCEL; THENCE SOUTH 0°04 '57" WEST ALONG SAID EAST LINE, A DISTANCE OF 1914.39 FEET TO AN ANGLE POINT IN SAID EAST LINE; THENCE SOUTH 49°00 '15" WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 1114. 06 FEET TO THE SOUTH LINE OP SAID PARCEL; THENCE NORTH 89-‘341-08" WEST ALONG SAID 6orrnr-,INd,-A DJNiANCl1 Ut 1062.54 FEET; THENCE SOUTH 0°15 '33" WEST, A DISTANCE OF 624.32 PIET; THENCE SOUTH 44°41 '28" WEST, A DISTANCE OF 1347.95 FEET; THENCE NORTH 89°33'05" WEST, A DISTANCE OF 1056. 37 FEET TO THE MU POINT OF SEGINNIEG. EXCEPTING THEREFROM THAT CERTAIN PARCEL DESCRIBED AND RECORDED IN BOOK 1005, REC. NO. 01938458; RECORDS OP SAID COUNTY AND STATE. THE ABOVE DESCRIBED PARCEL CONTAINING AN AREA _OF 250.6 ACRES, MORE OR LESS. Zr..Cd.e4 cried/di WILLIAM C. PHILIAPS PLS NO. 18472 • h ,• • `rY�• 1l AUG 2 1993 "u41.I a—,ttyPlanning Colorado Spring.Office-6290 Lehman Dr., Suite 202,Colorado Springs, CO 80918-• PH(719)590.9227 • FAX(719)690 229 3431165 DOYLE, -KLEIN, OTIS, FREY, HFLLERICH &T.AZAR ATTORNEYS AT LAW Richard N. Doyle Suite 300 DENVER METRO Henry C. Frey BANK ONE PLAZA Thomas E. Hellerich -822 7th STREET (303) 659-7576 Roger A. Klein GREELEY, COLORADO 80631 FAX Michael A. Lazar (303) 353-6712 Fred L. Otis (3031 353-6700 0 11 July 28, 1993 JUL 2 7 1993 C.7 Weld Nulty Planning Mr. Chuck Cunliffe, A.I.C.P. Planning Director Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 80631 Re: Use by Special Review Application for Laidlaw Waste Systems (Colorado) Inc. Dear Chuck: Please find attached the legal description you requested in the referenced matter. Please advise me at your earliest opportunity as to when the Planning Commission Meeting is scheduled in this case. Sincerely, `7Z�z Fred L. Otis Attorney at Law FLO:cas Enclosure c: Rick Hoffman 931165 P.2 MONTGOMERY-PHILLIPS, INC. LAND SURVEYING 7550 W. Yale Ave.,Suite 110 Denver, CO 80227 P11(303)989.3383 • FAX(303)989-8944 July 28, 1993 Job No. 349. 002 Doyle, Klein, Otis, Frey, Hellerioh & Laser, Atty's. at Law Rank One Piasa, Suite 300 Greeley, CO 80631 Attn: At. Fred L. Otis Dear Mr. Otis Following is a copy of a legal description for the 100 Acre Excess Soil Stockpile Area in Section 29, T 1 X, R 68 W, that Golder asked us to prepare. This legal description is for your project Use by Special Review Permit Application for Laidig', Waste Systems (Colorado) Inc. , Weld County, Colorado. Prepared by Prod L. Otis for Denver Regional Landfill, Weld County Colorado. Sincerely, id -ee ' rte , William C. Shill ps, Vice President Montgomery-Phillips, Inc. 931165 Colorado Springs Office•6290 Lehman Dr., Suite 202, Colorado Springs, CO 80918 • PH(719)690.9227 • FAX(719)590.9229 MONTGOMERYPHILLIPS, INC. LAND SURVEYING 7660 W. Yale Ave„Suite 110 Denver, CO 80227 PH(303) 989.3983 • FAX(303)989-8944 JULY 27, 1993 JOB NO. 349. 002 LEGAL DESCRIPTION: 100 ACRE EXCESS SOIL STOCKPILE AREA IN SECTION 19, T 1 N, R 68 W A TRACT SITUATED IN THE WEST ONE—HALF OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNEA OF SAID SECTION 29; THENCE NORTH 0'05'32" WEST ALONG THE WEST LINE OF SAID SECTION 29, A DISTANCE OP 1043. 12 PERT; THENCE NORTH 89°54 '38" EAST, A DISTANCE OF 30. 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0'05'32" WEST, A DISTANCE OF 2851. 77 FEET; THENCE SOUTH 89°38 '05" EAST, A DISTANCE OP 1285.30 PEST TO THE WESTERLY BOUNDARY OF A PARCEL RECORDED AND DESCRIBED AT RECEPTION NO. 02127500; THENCE SOUTH 0602 '02" EAST ALONG SAID IVESTERLY LINE AND SAID WESTERLY LINE EXTENDED, A DISTANCE OF 1261. 69 FEET; THENCE SOUTH 89°24 '08" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL AND ON THE EXTENSION THEREOF, A DISTANCE OF 725. 77 FEET; THENCE SOUTH 0'15'33" WEST, A DISTANCE OF 624.32 FEET; THENCE SOUTH 44°41 '28" WEST, A—DISTANCE OP 1347.95 FEET; THENCE NORTH 89°31 '29" WEST, A DISTANCE OF 1056.87 PEST TO THE TRUE POINT Of WINNING, CONTAINING AN AREA OF 100. 0 ACRES, MORE OR LESS. 3,, r WILLIAM C. PHILLIPS 1 18472 E A 1, PLS NO. 18472 N c 'IW a��Ja°NQ°f1�pry�a�a" %fol.: /gggllN!n"• 231165 Colorado Springs O//ice.6290 Lehman Dr.,Suite 202, Colorado Springs, CO 8091R • PH(719)6909227 • FAX(719)690-9229 mEmoRAnDum Weld County Planning Department August 24, 1993 To OatsCOLO ly RADO Trevor Jiricek, Environmental Protection Services tttYYY From Subject Laidlaw Waste Systems, Inc. , USR-972 Our Division recently received a complaint from Jeannie Crutchley via Commissioner Kirkmeyer regarding trash and other debris, etc. along Colorado Highway 52 and Weld County Road 5, allegedly as a result of hauling practices by the City of Longmont. Due to the closure of the Longmont Landfill, the City of Longmont has contracted with the Laidlaw Landfill to accept their refuse. The City of Longmont is using Highway 52 and WCR 5 as their primary haul route. I have verified this with the facility. However, according to Development Standard #7, Highway 52 is not specified as a haul route. Unfortunately, it does not appear that a haul route was ever specified in the event heavy traffic were to come from the Northwest. Development standard #7 states in part "The approved off-site maintenance and improvements agreement shall identify the haul route. . . .The main haul route shall be from State Highway 7 along Weld County Road 5. The secondary haul route shall be from Weld County 8 along Weld County Road 5." Additionally, Development -standard #10 provides for picking up of trash on the haul roads. Thus it was never provided that Highway 52, nor WCR 5 between -WCR 8 and Highway 52 be maintained as part of the facilities normal routine, although according to the facility Operator, Rick Hoffman, it is patrolled regularly for debris, etc. It would seem appropriate at this time to clarify these standards in light of the use of these unspecified haul routes. Additionally, we should delineate these new haul routes and the collection of debris along these routes. If may be of assistance or if you have any questions please contact me at 353-0635. tj/1653 cc: Rick Hoffman, Laidlaw Waste Systems, Inc. Barbara Kirkmeyer, Weld County Commissioner 931165 SOLID WASTE DISPOSAL SITES USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked By Mylar Plat Submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: EZ NW4, LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: WI NE** Section 29 T 1 N, R 68 w (existing) 100 acres in the WI Section 29, TWP 1 N, Range LEGAL DESCRIPTION of contiguous property owned which Special Review Permit is 68W proposed: Section T N, R W Property Address (if available) P.O. Box 320. Erie, Colorado PRESENT ZONE OVERLAY ZONES Geologic Hazard TOTAL ACREAGE 160 Arres Landfill (existing) and 100 acre soil storage site (proposed) PROPOSEDLANDUSE Sanitary Landfill and Dirt Storage Site EXISTINGLANDUSE Sanitary Landfill SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: WWD Limited Liability Company Address:]9f) Industrial Circle (P.O. Box 1937) City: Longmont, CO zip:80502-1937 Home Telephone: Business Telephone: (303) 776-4496 Name: Address: City: Zip: Home Telephone: Business Telephone: APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Laidlaw Waste Systems (Colorado) Inc. Address: P.O. Box 320 city: Erie, Colorado Zip: 80516 Home Telephone: Business Telephone: 673-9431 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: See Affidavit attached to Use by Special Review Application Address : City: Zip: Name: Address : City: Zip: I hereby depose and state under the penalties of perjury that all statements , proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF Weld ) LAID WAST SYSTEMS (COLORADO) INC. STATE OF COLORADO ) Ric Hoffm ignature: OWOUM. Xm Authorized Agent Subscribed and sworn to before me this u y of ,< . 19 95 NOTARY P IC My commission expires /7 /P74; 931165 USE BY SPECIAL REVIEW PERMIT APPLICATION FOR LAIDLAW WASTE SYSTEMS (COLORADO) INC. WELD COUNTY, COLORADO Prepared by: FRED L. OTIS Doyle, Klein, Otis, Frey, Hellerich & Lazar Bank One Plaza, Suite 300 Greeley, Colorado July, 1993 931165 0 7 \ = 7 co O z eze IL 0 —III l— �( 0. reeel 0?esto - \ );( CO < 2 _• L• m in )z U- 0: n u o \ ▪�� [ } & }( \ ? � ._Luz 1 ; r ID @ -Lq Al \ / \ ci ii \ \ § 2 § Cr) cr 3 • r kk \ , - 931165 USE BY SPECIAL REVIEW PERMIT APPLICATION FOR LAIDLAW WASTE SYSTEMS (COLORADO) INC. WELD COUNTY, COLORADO July, 1993 S 65 TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 DESCRIPTION OF OPERATION AND USE 2 2.1 Use 2 2.1.1 Stockpile Design 3 2.1.1.1 Stripping 3 2.1.1.2 Stockpile Construction 3 2.1.1.3 Drainage andErosion Control Measures 4 2.2 Need for the Proposed Use 4 2.3 Surrounding Land Uses 4 2.4 Distance to Residential Structures 5 2.5 Number of Users 3 2.6 Employee Requirements and Operation Schedule 5 2.7 Water Source 5 2.8 Access Routes 5 2.9 Vehicular Traffic 6 2.10 Sewage Facilities 6 2.11 Fire Protection 6 2.12 Types and Numbers of Animals 6 2.13 Waste Stockpile or Storage Areas 6 2.14 Storm Water Management 6 2.15 Removal and Disposal of Debris, Junk and Other Wastes 6 2.16 Landscaping Plans and Erosion Control 7 2.17 Reclamation Procedure 7 2.18 Construction and Start-Up Schedule 7 3.0 SUPPORTING DOCUMENTS AND STATEMENTS 7 3.1 Need for the Facility Within the Proposed Area of Service 7 3.2 Consistence With the Weld County Comprehensive Plan 7 3.2.1 Agricultural Goals and Policies 8 3.2.2 Urban Growth Boundary Goals and Policies 9 3.3 Consistency With the Intent of the District in Which the Use is Located 10 3.4 A Statement Explaining What Efforts Have Been Made in the Location Decision for the Proposed use to Conserve Productive Agricultural Land in the Agricultural-Zoned-District 10 9311.65 TABLE OF CONTENTS (Continued) Page 3.5 Protection of Health, Safety -and Welfare of the Inhabitants of the Neighborhood and the County 10 3.6 Compatibility with Surrounding Land Uses 10 3.7 Compatibility With Future Development 11 3.8 Overlay Districts 11 3.9 Water Supply 11 3.10 Property Interests 11 3.11 Noise Report 11 3.12 Soil Report 11 3.13 Adjacent Property Owners 12 3.14 Mineral Owners andlessees 12 LIST OF TABLES T-able 1 General Till and Clay Soil Stockpile Volume Table_2Site Soils LIST OF EXHIBITS Exhibit A Letter from the Colorado Department of health Dated April 9, 1993 Exhibit B Stockpile Location Exhibit C Deed Showing WWD Limited Liability Company as Owner of StockpileLocation Exhibit D Certified List of Names and Addresses of Property Owners from Weld County Assessor's Office Exhibit E Certified list of Names and Addresses of Mineral Owners from Weld County Assessor's Office ii 931165 USE BY SPECIAL REVIEW PERMIT APPLICATION 1.0 INTRODUCTION This Amended use by Special Review Permit Application (the "Amended USR") is filed requesting the addition of a-soil storage area to be located on approximately 100 acres in the West One—Half(W' ) of Section 29, Township_North, Range 68 West of the 6th P.M., Weld County, Colorado, which is-adjacent to the existing landfill (the "Existing Landfill") which is also located in Section 29, Township 1 North, Rage 68 West of the 6th T.M., Weld County, Colorado (USR 972). Laidlaw Waste Systems (Colorado) Inc. ("Laidlaw") has contracted to purchase the soil storage area from-the present owner, WWD Limited Liability Company. Accordingly, Laidlaw is the applicant in this application with the consent of WWD Limited Liability Company. The Existing Landfill was originally issued SUP 400 in December,1979. Laidlaw acquired the Existing Landfill on January 1, 1988 -and SUP 401) was amended by USR 972 in-July, 1992. Laidlaw row desires to add the approximately 100 acre soil storage site and is therefore filing this Amended USR Application. It is important to rote that the Design and Operations plans submitted by Laidlaw in conjunction withtheapplication for USR 972 are not being amended by the present application. The Colorado Department of Health, by a letter of April 9, 1993, has issued its -opinion that " . . . the proposed off-site stockpiles to the southwest of the permitted facility would rot constitute an amendment to -the Design and Operations Plan." Accordingly, it is the belief of Laidlaw that no amendment to the Certificate of Designation is necessary. A _copy of the April 9, 1993 letter from the Colorado Department of Health is attached hereto as-Exhibit A. This application is organized according to the formatpresented by the Use By Special Review Procedural Guide issued by the Weld County Department of Planning Services. Section 2.0 931165 July, 1993 Page 2 presents the description of the proposed operation and use as required by Item 2 of the application requirements specified in the Procedural Guide. Section 3 provides information regarding the consistency of the proposed use with the Weld County Comprehensive Plan and the Weld County Zoning Ordinance as specified in Item 3 of the application requirements. 2.0 DESCRIPTION OF OPERATION AND USE A description of the use, the need for the use, types of surrounding land uses, traffic and access routes, fire protection, storm-water management,and other related activities are presented in this section. 2.1 Use The Existing Landfills presently permitted under USR-9'72 by Weld County as a Solid Waste Disposal Site and Facility. The change requested by-his application will allow up to 100 acres southwest of the Existing Landfill tote used for soil storage only. Two off-site stockpiles are necessary to store soil removed at-the time Cells B through]) are excavated. The first stockpile will-contain topsoil stripped from the footprint area of the second stockpile which will contain both general fill and clay soil. The stockpile locations are shown on the attached Exhibit B. The design and layout of the offsite stockpiles were based on Golder Associates, Inc.'s ("Golder") evaluation of off-site_conditions and surplus soil available from excavation of the landfill. The construction of The landfill (Cells B Through D) will require excavating and selectively stockpiling approximately 3.6-million in-place-cubic yards of soil over an eight-year period. Thereafter, landfilling operations will utilize approximately 2A million cubic yards of stockpiled soil for daily, intermediate, and-final cover. At final closing of the]andfill,-approximately 1.2 million cubic yards of soil will remain stockpiled. The proposed stockpile site is located approximately 3D0 feet southwest of the existing USR-972as shown on-Exhibit B. A breakdown of the off-site stockpiling capacities ty phase is presented in Table 1. July, 1993 Page 3 TABLE 1 GENERAL FILL AND CLAY SOIL STOCKPILE VOLUME BY PHASE Stockpile Stockpile Maximum Average Volume Area Elevation Height Phase me (acres) (MSL) (Feet) 2 1.6 50 5160 30 3 2.1 50 5170 40 4 3.6 50 5180 50 5 1.2 50 5155 25 2.1.1 Stockpile Design The earthwork for theproposed project will include stripping the topsoil, implementing drainage control measures and filling to-establish grades. Specific earthwork and_construction criteria include: 2.11.1 St i ping: Site preparation will consist of stripping the topsoil and all vegetation from the area beneath the general fill and clay stockpile and all accesssoads. 2.1.1.2 Stockpile Construction: The clay and general fill stockpile will be constructed such that the west side will consist of clay soil and the east side willconsist of general fill soil. This will allow -general fill soil to be available for daily/intermediate cover during the operation of the Existing Landfill and clay soil to be available for construction of cell liner and cover systems. The relative quantities of general fill and clay soils is estimated to be approximately equal (i.e., 51) percent clay soil and 30 percent general fill)based on observationsiduring the Cell Aexcavation. Thepercent- ages of excavated material will allow the stockpile to be constructed evenly. The stockpilesideslopes -will be constructed no steeper than 4H:IV. Haulsoutes up the stockpiles will be graded no steeper than five percent and exit routes will be no 931165 July, 1993 Page 4 steeper than 10 percent. These grades will allow efficient building of the stockpiles by scrapers. 2.1.1.3 Drainage and Erosion Control Measures: Both short and long term drainage and erosion control measures will be incorporated into the stockpile design and construction. Stockpiles will be graded to drain, sealed to limit infiltration and erosion by tracking parallel to the slope with a dozer, and dressed daily during periods of active fill placement or fill taken from the stockpile. An appropriate erosion control measure will consist of silt fences offset approximately 10 feet from the toe of each stockpile. The locations of the silt fences are shown on Exhibit B. Stockpile areas which remain out of active use for a period of greater than seven (7) months will be stabilized by revegitation. Periodic inspection and repair will be required for the silt fences to maintain the silt retention capability. This system will provide an efficient method of controlling the runoff from the stockpiles. 2.2 Need for the Proposed Use The need for the proposed use is to store soil for reuse as "daily cover" and "final cover." No change is being made in the-Design and Operations Plan previously submitted with USR 972. 2.3 Surrounding Land Uses The soil storage facility is located directly southwest of the Existing Landfill operated by Laidlaw. The property surrounding the site is all agricultural. Other uses in the vicinity of the site include dryland farming, an auto salvage yard that has been in operation for many years, Erie Airpark, limited residential uses, and oil and gas production. 931165 July, 1993 Page 5 2.4 Distance to Residential Structures The approximate distance to the only off-site residential structures within one mile of the property is approximately 2,000 feet (from the Existing Landfill) to the northeast. All other residential structures are located greater than one mile from the site. 2.5 Number of Users There will be no customers or "users" of the soil stockpile area other than that construction contractors, when constructing the cells at the Existing Landfill, will store soil in the stockpile areas and reuse the soil for daily cover and final cover. 2.6 Employee Requirements and Operation Schedule There will be no change in the staffing levels of the Existing Landfill; i.e., no additional employees will be needed and no regularioperation schedule will occur at the soil storage site. 2.7 Water Source No water source is necessary for the soil storage facility. 2.8 Access Routes Nopublic access routes are necessary from the Existing Landfill to the soil storage facility. All access routes will be internal on property owned by Laidlaw, to be used exclusively byiaidlaw, its employees and contractors. The existing roadway on Laidlaw's Property which crosses the old sailroad berm will be used to gain -access to the soil storage area. The roadway will require regrading and possibly widening to allow two-way scraper traffic. The roadway will be widened to approximately 100 feet to allow convenient and safe traffic flow. The widening of the crossing may require extending the existing culvert under the crossing. 901165 July, 1993 Page 6 Hauling distances from the Cells B through D excavation to the soil storage area can be minimized by crossing the drainage approximately 800 feet northwest of the existing crossing. The crossing would require a culvert and placement of fill in the drainage. Before any fill would be placed in the drainage, approval would be sought from the U.S. Corps of Engineers. Laidlaw is currently pursuing the U.S. Corps of Engineers' approval. 2.9 Vehicular Traffic No public traffic will occur as a result of the soil storage facility. Construction contractors will store soil and access the soil storage area without use of public roads. No additional construction equipment will be needed or used because of the soil storage site. 2.10 Sewage Facilities Restroom facilities for site personnel are provided on the Existing Landfillproperty (USR 972). No separate sewage facilities will beprovided at the soil storage site. 2.11 Fire Protection Not Applicable. 2.12 Types and Numbers of Animals No-animals will be associated with the operation of the soil storage facility. 2.13 Waste Stockpile or Storage Areas The use of the property is a stockpile and storage-area. 2.14 Storm Water Management See Section 2.1.1.3. 2.15 Removal and Disposal of Debris. Junk and Other Wastes Not Applicable. 9;311.-65 July, 1993 Page 7 2.16 Landscaping Plans and Erosion Control See Section 2.1.1.3. 2.17 Reclamation Procedure See Section 2.1.1 above. 2.18 Construction and Start-Up Schedule Construction of the soil storage facility will be in phases as shown in Section 2.1.2 above. 3.0 SUPPORTING DOCUMENTS AND STATEMENTS This section provides statements concerning the consistency of the proposed use with the Weld County Comprehensive Plan, the district in which the use is located, and the compatibility of the proposed use with the existing surrounding uses and future uses, as required in Item 3 of the application requirements. 3.1 Need for the-Facility Within the Proposed Area of Service The Existing Landfill is already designated as a Sanitary Landfill permitted under USR 972. A soil storage area is necessary for proper development of the USR 972. The soil storage area is conveniently located adjacent to the Existing Landfill. 3.2 Consistence With the Weld County Comprehensive Plan The Weld County Comprehensive Plan consists of various goals and policies to guide existing and future land use planning decisions. The following sections of the Weld County Comprehensive Plan are relevant: a. Agricultural; and b. Urban Growth Goals. 931165 July, 1993 Page 8 3.2.1 Agricultural Goals and Policies The proposed Amended USR site is presently permitted as a landfill under USR 972. The sole request in this Amended USR Application is for a soil storage site on non-prime agricultural land. It is arguable that storage of soil is a "use by right" in an agricultural zone. The simple request-of the applicant in this case is to store dirt in an area already zoned for agriculture. Since the Amended USR Application is assisting in the development of the Existing Landfill by allowing a soil storage facility. It also should be pointed out that the Agricultural Goal 8 of the Weld County Comprehensive Plan is "to develop policies and regulations to permit the conversion of geologically suitable non-prime, agricultural land to solid, liquid and waste disposal sites." The Soil Conservation Service (SCS) indicates that the site is not prime agricultural land. Table 2 below contains information regarding the soil names and capability classes of the soils on site. Agricultural Goal 8 is keyed to a position of support for approval of a Use by Special Review Permit for the facility. TABLE 2 SITE SOILS Soil Number Soil Name Soil Description Capability Selection' 66 Ulm Clay Loan IVe Nonirrigated2 67 Ulm Clay Loan IVe Nonirrigated2 82 Wiley-Colby Complex IVe Nonirrigated2 83 Wiley-Colby Complex IVe Nonirrigated2 NOTES: 'All land in Section 29, T. 1 N., R. 68 W. is nonirrigated farmland. 'Class IV soils have very severe limitations that reduce the choice of plants or that require very careful management, or both. 931165 July, 1993 Page 9 Agricultural Policy No. 9 indicates: The County will develop and maintain procedures and guidelines for disposal sites that are operated as a commercial enterprise. This includes, but is not limited to, the disposal of solid, liquid, and wastewater in agricultural zoned districts. A disposal site's plan should address preserving or minimizing the removal of prime agricultural land. In addition, any-future reclamation plans must consider the Comprehensive Plan's Agricultural Goals and Policies. Access between public roads and the proposed disposal site shall be granted only after consideration is given to the land uses and traffic patterns in the area of development and the specific site. Internal road circulation, off-street parking, acceleration-deceleration lanes,common access collection points, signalization and other traffic improvements shall be required wherever necessary to-mitigate traffic impacts caused by the development. A Municipality's adopted comprehensive plan goals and policies will be considered when the disposal site is determined to be located within a municipality's urban growth boundary area. Regarding Agricultural Policy No. 9, it should be noted that the Property is zoned Agricultural and in 1979 was given a Special Use Permit for a sanitary landfill (SUP 400). While approximately 100 acres of non-prime agricultural land will be removed from production under this Amended USR Application, there will not be additional increased traffic in the area and no impact will be made by the Amendment on agriculture in the area. Erie's Comprehensive Plan indicates that the majority of the area surrounding the proposed use will be used for non-urban purposes. Several other landfill sites are located in the vicinity of the area of the proposed soil stockpile area. 3.2.2 Urban Growth Boundary Goals and Policies The Applicant's property is located in the Urban Growth Boundaries of the Town of Erie, the Cities of Lafayette, Broomfield and Thornton. With regard to all of the surrounding communities, it is important to remember that the Applicant is already permitted to use the Existing Landfill under USR 972. The Town of Erie Comprehensive Plan indicates that the property which is the subject matter of this Amended USR Application will be used for non- 9211...65 July, 1993 Page 10 urban purposes. Although the property is within Weld County's Urban Growth Planning Area, it is not within the Comprehensive Plans or Master Plans of the Cities of Lafayette, Broomfield, or Thornton. The Existing Landfill is not being changed by this application, the sole and simple request is that a soil stockpile area be accommodated adjacent to the Existing Landfill. 3.3 Consistency With the Intent of the District in Which the Use is Located See Section 3.2.1 above. 3.4 A Statement Explaining What Efforts Have Been Made in the Location Decision for the Proposed use to Conserve Productive Agricultural Land in the Agricultural-Zoned District Applicant has made every effort to be consistent with proper design and erosion control to limit the number of acres it will use for the soil stockpile area. The land is "not prime agricultural land," and will only temporarily be removed from agriculture. 3.5 Protection of Health. Safety and Welfare of the Inhabitants of the Neighborhood and the County Applicant knows of no way that the soil storage area will affect the health, safety and welfare of the inhabitants of the neighborhood and the county. The use of the property for a soil storage area will enhance the availability of air space in the Existing Landfill and therefore will make a suitable landfill available to the inhabitants of the neighborhood and county. 3.6 Compatibility with Surrounding Land Uses The property which is the subject matter of this Amended USR Application is located adjacent to the Existing Landfill (USR 972). The surrounding land uses are all agricultural at the present time. The Existing Landfill was established under USR 972 in July of 1992 as being compatible with the existing surrounding land uses. 9. 185 July, 1993 Page 11 3.7 Compatibility With Future Development Applicant does not believe that its use of the soil storage area will impair, inhibit or delay any future development of any surrounding land use since the use of the property is "passive" in the sense that the soil will be stored temporarily and no constant activity will occur at the site. 3.8 Overlay Districts The proposed use is located on agricultural land adjacent to the Existing Landfill (USR 972)and is not located within the airport or flood plains overlay district areas. The proposed use is located within the geologic hazard overlay district. 3.9 Water Supply No water will used in conjunction with the soil storage facility. However, a 600-foot well will provide necessary water to the Existing Landfill. In addition, a 10,000 gallon cistern is used for storage. 3.10 Property Interests A copy of a deed indicating WWD Limited Liability Company is the owner of the property where the soil storage facility will be located is attached as Exhibit C. 3.11 Noise Report Not Applicable. There will be no general operations at the soil storage site other than the storage and removal of dirt over a temporary period of time. 3.12 Soil Report The SC-S soil survey does not indicate any moderate or severe soil limitations for soil storage activity at the site. s.2111.65 July, 1993 Page 12 3.13 Adjacent Property Owners A certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor's Office is attached hereto and known as Exhibit D. 3.14 Mineral Owners and Lessees A certified list of names and addresses of mineral owners and lessees of minerals on or under the parcel of land being considered is attached hereto and known as Exhibit E. 9,:11.65 EXHIBIT A Letter from the Colorado Department of Health Dated April 9, 1993 9:14..65 SENT BY: XEROX Telecopier 701 4-19-39 ; 2:08PMI ; 3036 1432-{ 303 353 6712;: 1 Poet-It"brand tax i mfttal memo 7671 •et Ma•s . GFred CH-5 �`°�Q Di;man co. La tot lau]Dept. COLORADO DEPARTMENT OF HEALTH n•• (0-13 -9431 Dedicated to protecting and improving the health and Rs O 363- (a" i Z Pa"" (p73 -9932. environment of the people of Colorado 4300 Cherry Creek Dr.S. Laboratory Building DU train Denver,Colorado 802224530 4210 E.11 th Avenue Phone(303)692.2000 Denver,Colorado 80220.3716 i3o316m 470o APR 11993Roy Ramer I car. April 9, 1993 Paalda A.Nolen,MD,MPH FAKIJIM Dkacax Rick Hoffman DENVER LANDFILL #534 Laidlaw Waste Systems, Inc. P.O. Box 320 Erie Colorado, 80516 RE: Off-Site Soil Stockpile Laidlaw South Weld County, Colorado " Dear Mr. Hoffman: The Hazardous Materials and Waste Management Division of the Colorado Department of-Health(the Division) has reviewed your letter dated March 9, 1993 requesting clarification on compliance for the construction of an adjacent off-site soil stockpile area. Your letter was reviewed to determine Its compliance with the minimum standards set forth in the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended and with the Regulations promulgated thereunder 6 CCR 1007-2 (the Regulations). The letter of March 9, 1993 outlines drainage and erosion control measures for the off-site soil stockpiles. The letter failed to address the issue of dust control. Please indicate,in writing, the control measures which will be utilized and the conditions which will precipitate the implementation of dust control measures. Page 3 of your letter indicates the stockpile areas which remain out of active use for seven(7) months or longer will be vegetated. The Division strongly encourages revegetation of the stockpiles as soon as possible to control dust, erosion and provide stability to the stockpiles. In the judgement of the Division the proposed off-site stockpiles tolhe southwest of the permitted facility would not constitute an amendment to the_design and operation plan. However, all local and county laws, rules and regulations must be complied with. If you have any questions regarding this matter, please contact me-at 303-692-3437. . Sincerely.. ocz ._. _ Roger Doak Geologist Solid Waste Section Hazardous Materials and Waste Management Division cc: T. Jiricek, Weld County Health Department, S. Hahn, Town of Erie K Schuett, Weld County_Planning file: SW/WLD/-LAI/SOUTH/#6 • 9uit65 EXHIBIT B Stockpile Location EXHIBIT C Deed Showing WWD Limited Liability Company as Owner of Stockpile Location 9211_65 DOYLE, _ ,EIN, OTIS, FREY, HELLERICH LAZAR ATTORNEYS AT LAW Richard N. Doyle Suite 300 DENVER METRO Henry C. Frey BANK ONE PLAZA (303) 659-7576 Thomas E. Hellerich 822 7th STREET FAX Roger A. Klein GREELEY, COLORADO 80631 Michael A. Lazar (303) 353-6712 Fred L. Otis (303)353-6700 July 15, 1993 Mr. Chuck Cunliffe, Planning Director Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 80631 Re: Laidlaw Waste Systems (Colorado) Inc.'s Application for an Amended Use by Special Review Permit to Add a 100-Acre Soil Storage Area to USR 972 Dear Mr. Cunliffe: Please find attached 25 copies of Laidlaw Waste System (Colorado) Inc.'s ("Laidlaw") Application for an Amendment to USR 972. The Application requests a 100-acre area southwest of the existing landfill (USR 972) for the storage of soil during construction and operation of the landfill. Also attached are the following: 1. Laidlaw's check for the application fee in the amount of $15,823.00, payable to Weld County. 2. Laidlaw's check for the Colorado Geologic Survey in the amount of$380.00. 3. A Power of Attorney from WWD Limited Liability Company. By a separate letter, David O'Sadnick, P.E., is faxing you a letter indicating that the storage of dirt will not cause a geologic hazard issue. Your letter to me of April 27, 1993 indicated that the Board of County Commissioners was willing to consider the submittal of an amended application that addresses only the issue of the proposed storage facility, if no other changes were proposed for-the approved sanitary landfill operation. In addition, by letter dated April 9, 1993, the Colorado Department of Health has indicated that "The proposed_off-site stockpile to the Southwest of the permitted facility would 91165 Mr. Chuck Cunliffe July 15, 1993 Page 2 not constitute an amendment to the Design and Operations Plan." Accordingly, I have limited the discussion in the attached Application to simply and only the soil storage issue. Laidlaw also assumes that at any hearing before the Planning Commission or the Board of County Commissioners the issues will similarly be limited to the soil storage addition to the existing landfill. If you have any questions or observations, please call me. Sincerely, Fred L. Otis Attorney at Law FLO:cas Enclosure c: Rick Hoffman David O'Sadnick, Golder & Associates POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that WWD Limited Liability Company, the undersigned of 1960 Industrial Circle, P.O. Box 1937, Longmont, CO 80502-1937, County of Boulder, State of Colorado, hereby constitute, make and appoint Laidlaw Waste Systems (Colorado) Inc. of 1441 WCR 6 (P.O. Box 320), Erie, CO 80516, County of Weld, State of Colorado, its true and lawful attorney-in-fact for the following purpose: To represent it in the matter of the foregoing attached application for an Amendment to Use by Special Review Application in regard to, and only in regard to, the particular property described in said application, before the Planning Commission and Weld County Commissioners and to present evidence on its behalf before said Boards. WWD LIMITS IAB I MPANY By: v eth E. Pratt /_V Subscribed and sworn to before me this/% y of4_ , 1993. My commission expires: My Commission Expires May 7, 1997 • Not ary Public /frac c aah/�11 .r/' 9Z11-6-5 Golder Associates Inc. 200 Union Boulevard,Suite 500 ® Golder Lakewood,CO USA 80228 Telephone(303)980-0540 ® Associates Fax(303)985-2080 July 15, 1993 Our Ref: 923-2480 Weld County Planning Department U E C I V E P.O. Box 459 1402 North 17th Avenue Greeley, Colorado 80632 JUL 1 y^ 1993 Weld Nulty Planning Attention: Mr. Chuck Cunliffe, Director of Planning Services RE: REVIEW OF POTENTIAL GEOLOGIC HAZARDS ASSOCIATED WITH PROPOSED SOIL STORAGE AREA, DENVER REGIONAL LANDFILL (SOUTH) Dear Mr. Cunliffe: Golder Associates Inc. (Golder) has reviewed available information regarding geologic hazards in the area surrounding the Denver Regional Landfill (South) for Laidlaw Waste Systems, Inc (Laidlaw). This hazard evaluation has been performed in support of an Amended use by Special Review Permit Application recently submitted by Laidlaw requesting the addition of a soil storage stockpile to be located on a 100 acre area located west/southwest of the existing landfill. The following presents a summary of our evaluation. The potential geologic hazards in the area are faults and possible subsidence associated with historical coal mining. As reported in the site characterization report prepared by Doty (1991), faults in the area are old and have not seen tectonic movement in the past 11,000 years. As presented in Figure 7 (attached) of Appendix B of the Doty (1991) report, the nearest fault to the proposed soil storage area is reported to be southeast of the stockpile area. This fault was never found during the excavation of Cell A and has been interpreted as being non-existent in the site vicinity. In -a subsidence evaluation report for the Denver Regional Landfill (South) prepared by Golder in 1991, the area beneath the soil storage area was identified as an area having a high coal extraction ratio and that subsidence is this area was substantially complete. s,:i165 OFFICES IN AUSTRALIA,CANADA,GERMANY,HUNGARY,ITALY,SWEDEN,UNITED KINGDOM, UNITED STATES July 15, 1993 -2- 923-2480 Therefore, it is our opinion that based on the above information, the proposed soil storage area will not create any additional geologic hazards or affect any present geologic hazards that exist in the site vicinity. Sincerely, GOLDER ASSOCIATES INC. ��v eeeeegOA�r�� c . a*. : 18603 David L. O'Sadnick, P.E. -- n e exe Associate ,OF" O`\O CPP``� Attachment: Figure 7 from Doty (1991) References: Doty & Associates, Site Characterization, Denver Regional Landfill (South), September 6, 1991. Golder Associates, Inc., Subsidence Evaluation, Denver Regional Landfill (South), September 1991. Golder Associates 971165 FIGURE 7 COLTON & ANDERSON (1977) FAULTING r ii DENVER REGIONALc_ „// v r LANDFILL (SOUTH) q ; 1_ i,. i ( Q L EXCAVATION \ fli / L. O �,' W DIAGONA_ FAULT �"" " r in' 29 r , i ' / I,/ OUTCROPS :'�.=}---- J i 5 r/� /O ��' N` 4e co r/ 2001 rik5‘r_A~_ ' `�-,t ill J / / 1 �— ti: r I i i --:k"." nCirr tn o NOTES: I 0 TOPOGRAPHY FROM USGS MAPPING OF ERIE QUADRANGLE O FAULT TRACES FROM COLTON do ANDERSON (1977) ON WHICH MOST OF THE FAULTS — ARE SHOWN AS DOTTED LINES (CONCEALED). THE DIAGONAL FAULT IS THOUGHT TO DIE-OUT SOUTH OF THE SITE BASED ON DETAILED REVIEW OF THE MINE MAPS AND INSPECTION OF THE EXCAVATION (SEE TEXT FOR N W DISCUSSION). F— 0 o 1000 2000 3000 4000 1000 5000 a A } I I I 1 l I .x, 1� SOME N RE'f >- I\ 0 CONTOUR INTERVAL: 50 FEET 0 9:111_65 AOA LAIDLAW WASTE SYSTEMS (COLORADO) INC. D , DENVER REGIONAL LANDFILL L July 21 , 1993 IL JUL 2 3 1993 11 „a n -.nty Planning VIA HAND DELIVERY Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Re : Laidlaw Waste Systems (Colorado ) , Inc . Ladies and Gentlemen: As you may know, Laidlaw Waste Systems (Colorado) , Inc . ( "Laidlaw" ) has recently submitted for your review and consideration an Application for an Amended Use By Special Review Permit (the "Application" ) concerning soil storage during construction and operation of Laidlaw' s South Landfill located in unincorporated Weld County. This letter is intended to inform you of and clarify for you certain recent actions taken by the Board of Trustees for the Town of Erie (the "Erie Board" ) with regard to the South Landfill , and Laidlaw' s anticipated response thereto . The South Landfill was originally issued a Special Use Permit by the Weld County Board of County Commissioners ( "Weld County" ) in December 1979 . In July 1992, Weld County approved a vertical expansion of the South Landfill , issuing a Special Review Permit for the expansion. On July 16 , 1993, Laidlaw filed the Application, which requests the addition of a soil storage area located on approximately 100 acres to the southwest of and adjacent to the existing South Landfill . As the Application notes , the Design and Operations Plan submitted by Laidlaw in conjunction with the Special Review Permit issued in 1992 is not being amended by the application . In fact , the Colorado Department of Health, by letter dated April 9, 1993 , has stated that " . . . the proposed offsite stockpiles to the southwest of the permitted facility would not constitute an amendment to the design and operations plan . " 1441 WELD COUNTY ROAD 6, P.O. BOX 320, ERIE, COLORADO 80516 (303)673-9431 FAX (303)673-9432 9311.65 g� �. PL) 1-1-L,; (5 m.; SQ .go jerA The primary purpose of this letter is to inform you of recent actions , of which you may or may not be aware, that have been taken by the Erie Board with regard to the approved expansion of the South Landfill . Because the South Landfill is located in unincorporated Weld county, it lies outside the jurisdiction of the Town of Erie for all purposes , including the approval and regulation of solid waste disposal activities . However, in April 1991 , the Erie Board passed Erie Town Ordinance 414 ( "Ordinance 414" ) which purports to prohibit the operation of solid waste disposal facilities located within one mile of the outer limits of the Town of Erie which are deemed to be "offensive and unwholesome . " The expansion of Laidlaw' s South Landfill was fully approved after public comment and a hearing by Weld County and the Colorado Department of Health, the authorities with statutory jurisdiction over the landfill . Despite this fact , in January and February, 1993 , the Erie Board conducted its own public hearings concerning the application of Ordinance 414 to the South Landfill expansion. These hearings culminated in a resolution passed by the Erie Board on June 24, 1993 , finding, without justification or support , the South Landfill expansion to be "offensive and unwholesome" within the meaning of Ordinance 414 and purporting to prohibit continued operation of the South Landfill . At the same time, the Erie Board passed an oral motion temporarily staying any enforcement of the resolution . Laidlaw strongly believes that the actions taken by the Erie Board on June 24 , 1993 , and in passing Ordinance 414, which purports to be based on a more than 100-year-old statute directed at slaughterhouses and "privy vaults, " are inappropriate, illegal and otherwise in excess of the Board' s jurisdiction and authority . As discussed in more detail in the "Position Paper" submitted by Laidlaw to the Erie Board during the public hearing process (a copy of which is enclosed) , Ordinance 414 exceeds the scope of the Erie Board' s authority and is preempted by statutory and regula- tory authority adopted to specifically and comprehensively control landfill operations in Colorado . Ordinance 414 cannot be used by the Erie Board to circumvent or render meaningless the statutory authorities which provide Weld County with the sole authority to approve the landfill expansion. Moreover, it is inappropriate to apply Ordinance 414 to the expansion of the South Landfill because the Colorado Department of Health and Weld County requirements , and the conditions of the Special Review Permit issued in July 1992 , ensure that the landfill expansion will present no threat to ( 2 ) 911.E"j ALTA AffailA the health, safety and welfare of the citizens of the Town of Erie . It cannot be demonstrated that the South Landfill is "offensive and unwholesome" based on any of the criteria contained in the Ordinance, and the Erie Board failed to undertake or conduct any factual inquiries necessary to support its conclusions . On July 21 , 1993 , Laidlaw filed a Complaint in the District Court for Weld County challenging the legality of Ordinance 414 and the June 24 , 1993 determination of the Erie Board. For the reasons discussed above and others , Laidlaw believes it will prevail in this legal challenge . The recent inappropriate actions on the part of the Erie Board should not impact Weld County' s consideration of the Application which pertains only to the addition of a soil storage area for the already fully approved expansion of the South Landfill . Indeed, Laidlaw may seek Weld County' s assistance at some point in demonstrating the appropriateness of the approval for the landfill expansion . Laidlaw would be pleased to address any questions or concerns Weld County may have relating to the actions of the Erie Board or other aspects of the Application at any hearing which may be scheduled in this matter . We thank you for your assistance, and look forward to continuing the positive relationship that has existed between Laidlaw and Weld County. Very my ours, Rick Hoffman General Manager Denver Landfill Division Enclosure cc : John D. Fognani, Esq. Christopher L. Thorne, Esq Dick Van Wyck Scott Wender ( 3 ) 931165 IIIIIIrillt '\ ,. i • a. 0 s. • - I '' :�1r.ie Cr 0 0 cr) cL as ii.., . . o I * . .. , _ is *a sp Cril ; . opt 0 �_ 0 1 a. 0 j .L ♦* i4, 4 4 .4' } 5 . ` • r CV i . AM / • . .• V _ - ,'f i • 4 0 - 4 . is.— ` . �, -- - - - /' - - • it • a i S. . . • • CD CD LIM 0 Or) .al * • - I* ' .• Ca 0 . a �i .• , . a . '1eo cul • . • 9 ▪ I ,••• _ A % . • ' 1 • ' 1 O • 04 • , • Illi • + ., 0 , C / 11 1 • -• I e I • , ate .4 ▪•r - %• ._ . 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