HomeMy WebLinkAbout990813.tiff EXHIBIT
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WIID�. Ben Patton,
Cou
nty County Planning March 1'I, 1991
To Date
COLORADO From Trevor Jiricek, Supervisor, Environmental Protection Services ,
Subject: Case Number: USR-1211 Name: Mary Roberts/Jeremiah Wickham
Environmental Protection Services has reviewed this proposal for a recycling facility. As you are
aware, our Department has previously expressed several concerns with the viability of this proposed
facility. Some of those concerns were outlined in a memo to you dated February 10, 1999. After
observing the site, discussing the proposal with the applicants, and reviewing several published
articles, it is obvious that the field of recycling is volatile. We have two primary concerns. They are:
That the facility has appropriate measures in place to only accept those materials that are permitted
in this USR. And, that the facility does not speculatively accumulate materials in excess of what the
market may bear, leading to failure of the operation.
The Colorado Board of Health has been authorized (30-20-102(5), C.R.S., as amended) to
promulgate regulations to specify what time periods and volumes of recyclable materials constitute
operations that qualify a facility as a recycling facility and to define what materials shall be deemed
to be recyclable materials. This statute also states, in part, that "...after an initial accumulation
period specified by regulations, such a site or facility shall maintain documentation that proves
recyclable materials are being recycled at the site at a rate that approximately equals the rate at
which recyclable materials are being collected." However, these Regulations have not yet been
drafted. We have attempted to address these items in our recommendation. Please note that as
an attempt to establish and define an "initial accumulation period", in recommended development
standard#4, we established 500 cubic yards as the maximum amount of materials on the site at any
one time. The figure of 500 cubic yards was an extremely conservative estimate that was not based
on any factual data. We would expect that this figure will be discussed by the Weld County
Planning Commission as well as the Board of County Commissioners, with the applicant, to
establish a reasonable figure.
Also, in discussing the application with the applicant, Mary Roberts, she has indicated that they will
remove all materials currently stored on the site within the next 180 days. Ms. Roberts also
indicated that they did not object to a condition that required removal of all materials as a part of this
USR. As a result, we have recommended such a condition.
We have divided our recommendation into recommended Conditions of Approval and Development
Standards. Recommended Conditions of Approval are as follows:
Weld County Planning Dept.
MAR 1 1 1999
990813 RECEIVED
Roberts/Wickham
Page 2
1) All existing materials, on the site, shall be removed from the site prior to any building permits
being issued. These materials shall be handled, recycled, stored, or disposed in
accordance with all applicable local, state, and federal rules and regulations. The removal
of the materials on the site shall be accomplished by September 30, 1999.
2) The application materials indicate that the facility will process cardboard, newspaper, glass,
aluminum, plastic, and empty metal and plastic barrels that have held only non-toxic and
non-hazardous materials. Following removal of the existing materials from the site, but prior
to accepting any additional materials onto the site, the facility shall provide the Planning and
Health Departments a summary of the processors, vendors, or facilities where the materials
will be further handled, processed, recycled, etc. The summary should also include the
following:
a) Any written agreements or contracts that the facility may have with the processor or
vendor.
b) The organization or facility name, address, phone number, and a contact name
where any of the materials will be moved to, or recycled, processed handled, etc.
c) A detailed description of the process that each material will go through from the time
it is received on the facility until it is removed.
3) If applicable, an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application
must be submitted to the Air Pollution Control Division, Colorado Department of Public
Health and Environment.
We recommend the following to be development standards:
1. The facility shall only receive, for processing, cardboard, newspaper, glass, aluminum,
plastic, and empty metal and plastic barrels that have held non-toxic and non-hazardous
materials. No other materials shall be accepted without the written approval of the Planning
Department. The facility shall not accept liquids, materials that may contaminate
groundwater, or any materials that may create off-site odors.
2. The facility shall comply with 30-20-102(5), C.R.S., as amended, and any rules or
regulations promulgated thereunder.
Roberts/Wickham
Page 3
3. All solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. The facility shall never have more than 500 cubic yards of recyclable materials on the facility
at any given time. Records shall be maintained that demonstrates recyclable materials are
being recycled at the site at a rate that approximately equals the rate at which recyclable
materials are being collected. The facility shall submit quarterly reports to the Planning and
Health Department that demonstrate the amount of materials received and removed during
each respective quarter, as well as the amount of materials stored on the facility at the
beginning and end of each quarter. These reports shall be submitted no later than 45 days
following each respective quarter.
a) A financial guarantee or some other mechanism of financial assurance shall be
provided to the Board of County Commissioners in the event the facility is not able
to demonstrate that it is recycling materials at a rate that approximately equals the
rate at which recyclable materials are being collected and has accumulated more
than 500 cubic yards of recyclable material and continues to maintain the excess for
180 days. The financial guarantee or assurance would be in an amount that is
estimated for a third-party to remove and properly recycle or dispose all materials on
the site. The form of financial assurance shall be considered in a public meeting
before the Board.
5. No permanent disposal of wastes shall be permitted at this site.
6. Any non-recyclable materials that are received at the facility that are incidental to loads of
recyclable materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. All waste materials shall be
disposed at an approved landfill.
7. Fugitive dust shall be controlled on this site.
8. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to 25-12-102, Colorado Revised Statutes, as amended.
9. Adequate toilet and hand washing facilities shall be provided for employees and patrons of
Roberts/Wickham
Page 4
the site. Each proposed structure shall be served by an individual sewage disposal system
or municipal sewer (if available). All septic systems shall be designed by a Colorado
Registered Professional Engineer and installed according to the Weld County Individual
Sewage Disposal Regulations.
10. If applicable, the water system shall comply with the requirements of the Colorado Primary
Drinking Water Regulations (5 CCR 1003-1).
TJ/1219
MEMORANDUM
T O:TO: Ben Patton, Planner DATE: January 22, 1999
P.
C
FROM: Donald Carroll, Engineering AdministratorCOLORADO SUBJECT: USR-1211; Mary Roberts/Jeremiah Wickham
The Weld County Public Works Department has reviewed this proposal. This project falls primarily
under the purview of the Weld County Site Specific Development Plan and Use by Special Review
Permit. Our requirements are as follows:
1. AccessAccess to this parcel has been granted through an access easement, Book
595. Recording No. 1517077. The access easement needs to be a graded and
drained road to provide an all-weather access. There is a 90'turn in the access road.
The applicant has indicated that the vehicles using the site will be one ton trucks with
30 to 32-foot trailers and trucks towing dump trailers.
I recommend that the applicant acquire permission from the landowner of
the storage facility to utilize the access through their property to the easement to
accommodate the longer trailers. The storage facility unit is open and is not fenced.
Access could be utilized easily from this location.
2. Circulation and Parking: A gravel parking lot shall be adjacent to each proposed
building site to accommodate employee and customer parking. The circulation shall
be accomplished by providing an adequate turn-around for the trucks, trailers, and
emergency vehicles.
3. Storm Water Drainage: The eastern portion of the site will drain to the US Highway
85 r ght-of-way borrow ditch. The remaining portion of the site drains west toward
the N1cCanne Ditch. The applicant has designated a storm water detention pond.
Dimensions of the pond and the proposed buildings shall be placed on the
plat to determine if the facility will accommodate the storm water run-off.
cc: USR-1211
• plan28
Weld County Planning Dept..
JAN 25 1999
EXHIBIT RECEIVED
;r �c,
CONCERNS OF THOMAS AND JANICE HARSHMAN, ADJACENT PROPERTY OWNERS.
March 15, 1999
ACCESS TO PROPERTY:
The access to the property in question, as well as our property is an easement which is a narrow lane which runs
above the trailer court, which is adjacent. This is our only access to Highway 85. We are very concerned that
heavy truck traffic would cause the road to deteriorate and drop into the trailer court. If two buildings are planned,
that would mean concrete truck traffic plus the trucks used in a recycling operation. In addition to the weight
on the road, the dust created by truck traffic is very bad. Also, our neighbor has small children who many times
ride bikes and play in the area.
WELD COUNTY TREATMENT OF TAX PAYERS:
It appears that the County is bending over backwards to accommodate Mr. Wickham and Ms. Roberts, but the con-
cerns of the surrounding property owners go on deaf ear. The surrounding property owners have been paying
property taxes for many years,but we question whether Mr Wickham and Ms. Roberts have paid any, in that the
Weld County Tax Office contacted Tom Harshman trying to find where they could send their tax notice.
CREDITABILITY:
We question Mr. Wickham's creditability, in that he has not made a payment on the property in question since
September of 1998. Tom Harshman and Duane Smith are carrying the mortgage on the property and at the present
time approximately$10,000 plus late charges are past due. It almost appears that he would welcome foreclosure in
that the huge trash pile would then become Tom Harshman and Duane Smith's problem.
We question why permits and zoning changes were not required when they started hauling that stuff in and
dumping it on that property. When we built our house 15 years ago, we had permits before we drove one nail.
Lmew
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EXHIBIT
JERRY HAGEN Jan. 27, 1999
1071 Country Club Road
P.O. Box 254
Gillette, Wyoming 82717
WELD COUNTY DEPT. OF PLANNING SERVICES
1400 North 17`h Avenue
Greeley, Colorado 80631
Ref CASE NUMBER: USR-1211
Sirs,
As the land owner adjoining the RECYCLE/ABOVE GROUND SANITATION DUMP
BUSINESS that has moved in next to my land without obtaining or even caring about
proper permitting or zoning by the county, city, state officials or fire district requirements,
I am concerned with numerous hazards this type of business could create for my renters
for single family home, mini storage business, and business office/shop building and yard.
Some hazards I am concerned about is the type of animal life and diseases associated this
type and amount of trash that a non-caring or governed business of this type attracts. The
population of all these animals and many more could grow rapidly in this type of trash
environment in this area because of the Platte River that also adjoins his land. Such as
mice with the many diseases they carry, rats with the many diseases they carry, skunks and
the many diseases they carry, and snakes with the many diseases they carry. Some of
these diseases are deadly and all of these could affect the adults and children living in the
single family house about 50 feet from this stored trash. They could also affect the people
working in the office/shop business. These animals could also migrate into the firrniture
and other family stored items in the mini storage business.
Another concern is what might come off this type of trash during rain and snow and will
eventually end up in the water wells used for drinking and sanitation purposes in the single
family house arid the office/shop business. These water wells are shallow wells.
Another concern is the fire hazard from what is being stored on the property. From what I
can tell there is highly flammable big bails of paper, wood chips, empty?? 55 gal. barrels
(can't guess what vapors are inside but do know that in hot weather when the temperature
starts changing,they start popping from contraction and expansion). All of these items
and more are about 5 feet from may property line and very close to the single family house
structure.
Another concern is that all of these above stored items plus empty trailer houses and other
non attached structures are also stored in the flood plan or lower level of his property.
Page 2 Jan. 27, 1999
Also I am sure this type of RECYCLE/TRASH BUSINESS does not help the value of my
property and probably in truth is lowering the value of my property.
One more concern is since this business has moved in next door, the renters of the
office/business on my land has constantly been having to pick up trash blowing into my
property from this RECYCLE/TRASH BUSINESS. They have also observed it blowing
into and across the 4 lane highway 85.
Due to the above concerns, hazards, diseases,their trashy appearance affecting my
property value and possible contamination of my water wells, I am against the county
granting the RECYCLE/TRASH BUSINESS a variance of zoning to operate their
business on that property.
Sincerely yours,
Jerry Hagen
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