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Home My WebLink About20221600.tiffRESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC22-0011, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR18-0065 - WASTE MANAGEMENT DISPOSAL SERVICES OF 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, on the 20th day of June, 2022, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Waste Management Disposal Services of Colorado, Inc., 40000 County Road 25, Ault, Colorado 80610, was in compliance with certain Development Standards contained in Use by Special Review Permit, USR18-0065, for a Solid Waste Disposal Site and Facilities, in the A (Agricultural) Zone District, and WHEREAS, the alleged violations were said to be occurring on property being further described as follows: Part of the E1/2 of Section 7, and Lot B of Recorded Exemption, RECX17-0150; being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on June 20, 2022, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant for a continuance and, having been fully informed, deemed it advisable to continue the matter to August 31, 2022, at 9:00 a.m., to allow Waste Management Disposal Services of Colorado, Inc., adequate time to bring the site into compliance with certain Development Standards. WHEREAS, on August 31, 2022, after hearing testimony from the Department of Planning Services, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code, there is not sufficient probable cause to schedule a Show Cause Hearing and deemed it advisable to dismiss the matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing be, and hereby is, dismissed. c c ; f, trr4MNIK.X cA lMr ci PPI,. . 9/15/22 2022-1600 PL2705 PROBABLE CAUSE, PCSC22-0011 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. (USR18-0065) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELT/ OUNTY, COLORADO ATTEST: did.,t) W jeo;� Weld County Clerk to the Board BY: \ N eputy Clerk to the Board APPED County Att•rney Date of signature: clA S %2 S • t K. James, Chair g,, L eman, Pro-Tem Lori Saine 2022-1600 PL2705 MEMORANDUM To Board of County Commissioners From Kim Ogle, Planning Services Subject Probable Cause for USR-895 and USR18-0065 Waste Management Disposal Services of Colorado Inc Date August 31, 2022 SHOW CAUSE CASE SUMMARY CASE NUMBER PCSC22-0011 NAME Waste Management Disposal Services of Colorado Inc SITUS 40000 County Road 25, Ault Colorado 80610 LEGAL SW1/4 and part of the E1/2 of Section 7, and Lot B of Recorded Exemption, DESCRIPTION RECX17-0150, being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P M , Weld County, Colorado TOTAL ACREAGE +/- 463 acres LOCATION East of and adjacent to CR 25, north of and adjacent to State Highway 14 and south of and adjacent to CR 84 Timeline. Apnl 2022 High wind advisory for Northern Colorado Apnl 13, 2022 Complaint received from a surrounding property owner stating non-compliance with the USR Apnl 25, 2022 Complaint received from a surrounding property owner stating non-compliance with the USR Planning Services and Environmental Health [EHS] reach out to James Reed Manager NWLF by e-mail We (EHS) are receiving numerous complaints concerning blowing debns from the North Weld Landfill I know work is underway concerning repairs to the fence, but it appears that picking efforts and other containment efforts have not been effective or satisfactory in removing offsite debns or containing debns to the site As you know, this is a violation to the USR We need an updated debns management plan for how all offside debns will be handled, when fixes are anticipated and how future debns will be contained Based on the number of complaints we need this information by end of day James Reed responds to EHS Thank you for your time this afternoon to discuss the issues we have been currently faced with our windblown surrounding litter at NWLF Presently our plan is to utilize two different temp agencies to maximize the amount temporary labor litter pickers (10-15 labors) to assist in cleaning our surrounding neighbors, working farthest from the landfill, then in Before and after litter picking, I will follow up with our neighbors to ensure we are satisfied with the clean up on their property In addition, we are working on the repair for 14 of our down litter fence netting on the south side of NWLF At this time the netting has been ordered and planned for installation around May 9th 2022 We apologize for this inconvenience and look to getting this issues resolved immediately April 26, 2022 April 29, 2022 May 2022 May 6, 2022 Planning email to James Reed The Commissioners office continues to receive calls of complaint with the blowing debris off of the landfill Two weeks past you indicated that the net material was on order and would be delivered in 7-10 days As this date may have passed, the planning office is seeking an update on the status of the efforts to collect the debris from your site and more importantly the neighboring fields and subdivisions The debris field is widespread — County Road 21 east to County Road 29, north of County Road 84 and south of County Road 80 — Representative photographs taken on Sunday are attached Please provide an update on the status of the W M clean-up efforts and what action Weld County can anticipate in the future to maintain compliance with the current land use permit James Reed reaches out to EHS Thank you again for the support and communication upon NWLF windblown issues surround the property Following our conversation earlier this week we have utilized approximately 10-14 laborers per day to clean the surrounding properties from Belmont Farms, CR 23- CR 27 North and South of HWY 14, Drake Farms and South of NWLF litter Fencing along HWY 14 We are currently working with our fence vendor to start installation to the 14 damage wind panels by May 9th 2022 The present forecast is projecting 30mph sustained and 45 mph wind gust today and tomorrow If we have any litter exposure we will ensure to follow up with our neighbors and focus on our surrounding property first thing Monday morning In addition we will clean along HWY 14 to Double J Farms High wind advisory for Northern Colorado We [EHS] did a visual inspection of the site earlier this week Significant progress has been made, but still needs to be monitored to ensure they continue debris removal (which we will do) They are still working with the fencing company to get replacement parts and hope in the next 10 days to start repairs We have a scheduled inspection of the site coming up, this will be noted as part of their inspection report, but at this time will not constitute a violation EH has also been in communications with Planning and keeping them appnsed of the situation and what, if any, actions they would like to see They seem to be in agreement with our current approach May 6, 2022 'Planning staff conducting a site inspection of the property and property perimeter to determine compliance with the Development Standards associated with each permit May 18, 2022 EHS conducts site inspection of NWLF May 23, 2022 We [EHS] are currently working on the inspection letter, inspection performed last Wednesday, and are planning on including the debns issue as part of that (they are in violation of their USR by noncompliance with site Development Standards) I think we should have the completed in the coming 10 days or so May 27, 2022 Planning staff conducting a site inspection of the property and property penmeter to determine compliance with the Development Standards associated with each permit June 1, 2022 EHS Letter to James Reed, Manager NWLF North Weld Landfill — 2022 First Semi -Annual Inspection June 14, 2022 Planning staff conducting a site inspection of the property and property penmeter to determine compliance with the Development Standards associated with each permit August 15, 2022 Tom Schweitzer, W -M, reached out to Planning Services to schedule a follow- up site inspection of the property and property penmeter to determine compliance with the Development Standards associated with each permit August 25, 2022 Representatives from Planning Services, Kim Ogle, and Environmental Health Ryan Fernandez, met with Tom Schweitzer, Engineenng Manager W -M, Chns Anderson, Distnct Manager W -M, and Cody Myers, Operations Manager, W - M to obtain a verbal update on progress made to bnng the facility into compliance The group toured the facility by vehicle specifically to observe litter control measures, including litter mesh installation, future mesh installation, debns field onsite and off -site and implementation of a landscape buffer adjacent to State Highway 14 - Background: June 27, 1990 Board of County Commissioner approval of Site Specific Development Plan and Special Review Permit is for a solid waste disposal site and facility as submitted in the application matenals on file in the Department of Planning Services and subject to the Development Standards stated herein Only 119 acres of the 170 -acre parcel shall be used for phased waste filling The maximum height of the final grade shall not exceed an elevation of 5,210 feet above mean sea level November 27, 1990 USR-895 Map recorded, document no 2234016 September 18, 2019 Board of County Commissioner approval of Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone Distnct July 14, 2021 USR18-0065 Map recorded, document no 4735587 Summary: For case number USR-895, known as North Weld Landfill Unit 1, Planning Services finds the operation of the facility is not in compliance with Development Standard No 1 of USR-895 states The Site Specific Development Plan and Special Review Permit is for a solid waste disposal site and facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein Only 119 acres of the 170 -acre parcel shall be used for phased waste filling The maximum height of the final grade shall not exceed an elevation of 5,210 feet above mean sea level Development Standard No 11 of USR-895 states The facility shall be operated in a manner to control blowing debns at all times Operation dunng windy penods shall be accomplished in a manner that controls blowing debns Any debris found outside the working face or adjacent to the facility will be picked up within 24 hours The fence on the penmeter of the property, State Highway 14, Weld County Road 25, and roads on the perimeter of the waste disposal facility, shall be patrolled daily by the facility staff to assure trash is picked up The manager of the facility will respond to requests for picking up trash along these routes within 24 hours of notification by County Health Department personnel The following operational measures shall also be employed to control blowing litter at the site a At the end of each day, application of six inches of soil cover shall be placed over the working face Soil cover will be placed on waste as soon as possible on days when wind is a noticeable problem b The working face shall be enclosed on three sides with a minimum 15 -foot screen while accepting waste A five-foot fence shall enclose the cell containing the working face A six-foot fence shall be placed along the property lines of the 170 -acre parcel c Dunng windy periods not defined as high winds according to State Health Regulations, the size of the working face shall be reduced if trash is escaping the three -sided 15 -foot screen around the working face The working face shall be reduced to a size that eliminates trash escaping from the screen d Prior to accepting waste, a letter, approved by the Department of Planning Services' staff, shall be mailed to all surrounding property owners within one-half mile of the landfill boundaries The letter shall indicate the following information i The program that the landfill operators will use to pick up off -site windblown trash ii The name and telephone number of the person or persons to call for pick- up of windblown trash e The operation shall cease dunng periods when high winds are present High winds are defined in Section 1 2 31 of the Colorado Department of Health's Solid Waste Disposal Site and Facilities Regulations Development Standard No 26 of USR-895 states The property owner or operator shall comply with the Design Standards of Weld County Zoning Ordinance Development Standard No 27 of USR-895 states The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 6 of the Weld County Zoning Ordinance Development Standard No 30 of USR-895 states The property owner or operator shall be responsible for maintaining the approved landscape plan Development Standard No 31 of USR-895 states The owner or operator shall comply with Weld County Ordinance 53 Development Standard No 35 of USR-895 states 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 For case number USR18-0065, known as North Weld Landfill Unit 2, Planning Services finds the operation of the facility is not in compliance with Development Standard No 1 of USR18-0065 states The Site Specific Development Plan and Use\By Special Review Permit, USR18-0065, is for a Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, subject to the Development Standards stated hereon Development Standard No 7 of USR18-0065 states The fencing onsite shall be maintained - Development Standard No 17 of USR18-0065 states Waste matenals shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debns, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code and with the approved EDOP Development Standard No 33 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code Development Standard No 34 of USR18-0065 states The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code Development Standard No, 44 of USR18-0065 states The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code Development Standard No 47 of USR18-0065 states The property owner or operator shall be responsible for complying with all 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 Staff recommendation The applicant shall bnng the property into compliance, as enumerated here Development Standard No 11 of USR-895 states The facility shall be operated in a manner to control blowing debns at all times Operation during windy penods shall be accomplished in a manner that controls blowing debris Any debris found outside the working face or adjacent to the facility will be picked up within 24 hours The fence on the perimeter of the property, State Highway 14, Weld County Road 25, and roads on the perimeter of the waste disposal facility, shall be patrolled daily by the facility staff to assure trash is picked up The manager of the facility will respond to requests for picking up trash along these routes within 24 hours of notification by County Health Department personnel (USR-895 D S #11) The fencing onsite shall be maintained (USR18-0065 D S #7) Waste matenals shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debns, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code and with the approved EDOP (USR18-0065 D S #17) , The property owner or operator shall be responsible for maintaining the approved landscape plan (Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time) (USR-895 D S # 30) Based on the concerns raised by the Departments of Public Health and Environment and Planning Services, the Department of Planning Services requests the Board of County Commissioners review the operation of USR-895, including Development Standards #1, #11, #26, #27, #30, #31 and #35 and USR18-0065 including Development Standards #1, #7, #17, #33, #34, #44, and #47 The manager of the North Weld Landfill in early June 2022, James Reed, was notified of the Probable Cause heanng in letter dated June 1, 2022 If the Board determines that the facility is not operating in compliance with the two (2) approved USR Resolutions, the Board of County Commissioners may schedule a Show Cause public heanng to consider revocation of the Use by Special Review permit The Board of County Commissioners took action at the June 16, 2022 hearing and continued the two cases to August 31, 2022 to allow Waste Management Disposal Services of Colorado, Inc to address the issues brought to the attention of the Board of County Commissioners 300 800 0 t ^ - 300' OWNER: MICHAEL J MCCRERY DISSIPATION WIN DRAINAGF WAY NO RJR D OR STORAGE AREA „/ NOR EICARIERCORNELL " SEC 7. ITN. R&M FEET i I,WNLIL M:C1LA_L J MCGREW? • OWNER MIC•1AEL J MCCRERY F - . la 76 FT WIDE WESTERN AREA POWER II AUTHORITY EASEMENT 0010 HU* WELD COUNTY ROAD 84 (30 FT EACH SIDE OF SECTION UNE. BOOK Mk PAGE 973 OWNER MARK IC SALMON t TRUST NORTHWEST C.O RFFR SFC 7. 77N. R88W ",. ._ ale ..alanle..-. --• i • C R DAVI GRAAF PIFTYf IATT RAL \•,\ T4 -X —Si:. x ^ \ r •x a USR 1527 _, I X x — x ---r .;.�..-.,-•=r — ^ = cam.. _ (71w._•s-7 .. OWNERLARRY D DEHAAN OWNER LARRY D. OEHAAN 59.6 ORES uric cirtiskR �r I \' DRAINAGEWAY'. , NOSuy. ip STOr{Af TW•10 Tw09 A• % _ •HASE AX. 95.0 ACRES s OPUNIT 2N TORMWAT'fr TENTION PO NO BUILD O' TORAGEAR: SOIL STOCKPILE AREA 1 �R apses Mei" anti.")pp.IIe EXISTING UNIT 1 STORMWATERI Y RETENTION in POND (42 2 AC -FT) !` EXISTImq SCREENING BERIM EXISTING UNIT 1 DISPOSAL AREA ANPROX 122 ACRES 80 FT ROW ,x} WELD COUNTY ROAD 20 ;30 FT EACH SIDE OF SECTION . WE. BOOK Be. PAGE 211 LOST OF PAVED ROAD `1� x"75 FT OFFSET I .► f x:�— y T � Y _ �...t..F.4- :..yC:. 1:.-.iTal.... _IA OWNER LARRY D. OFlIM1N op' I LOCA')ON OF MS TING TRACKING CONTROL DEVICES (APPROX. ) OWNER REBECCA LYNN SCHNEIDER SCALEHOUSE (592 SF) : 2 i SUED FOR VYLLO COUNTY UDR DVS DVS JAR 1183E �.1 iDO DESCRIPTION DESIGNED PREPARED REVIEWED APPROVED MAINTENANCE SHOP (7000 Sr ROW STATE HIGHWAY 14 (ROOK 1474_ PAGE 409) CITY OF THORNTON SS r •j 1 i USE BY SPECIAL REVIEW WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO,. INC. FOR. NORTH WELD LANDFILL ej•" OWNER DRAKE EMILY PARTNERSHIP OWNER! DRAKE FAMILY PARTNERSHIP ROW STATE HIGHWAY 14 (0001( 1474. PAGE 407; J OWNER _DLNN5r DRAKE 't ----- —••- ('` v\,11 \ 1\ ` . V'' �Ix x SECTION 7, TOWNSHIP 7 NORTH, RANGE SS WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO EXISTING ACCESS FROM WCR 25 CUE11' WASTE MANAGEMENT DISPOSAL SERVICES OF CO'_ORADO INC .\k• SOUTH QUARTER CORNER sec. 7, 17N, ROM °moot Demists E DRAKE NOW STATE NiGHWAY 14 (BOOK IMO. PAGE 90) POTENTIAL FUTURE CONVEYANCE TO COLORADO DEPARTMENT OF TRANSPORTATION ti 4 ENITRANCE GATE SOUTHWEST CORNER SEC 7. TTN. MOW OWNER WST UP. OWNER NH GROUP INC. • OVYNER N 01NLAXJN • LEGEND EXISTING TOPOURAPHle (SEE NOTES 1, 2, AND 3) —.200 PROPOSED LINER WEIGRADE --•—••—•-- PROPERTY BOUNDARY —•••—•••— USA I527KVCARY MIMED ••••Mi••• EXISTING UNIT 1 LIMIT OF WASTE N•H411 teal E.JUSTtNG FENCE PROP06EDFENCE UNIT 2 PERIMETER CHANNEL < UNI' 2 RUN-ON DIVERSION CHANNEL EXISTING RRIGATiON DITCH EXISTING RIGHT-OF-WAY JNE POTENTAL FUTURE CONVEYANCE EAISTING ROADS PROPOSED PERIMETER ROAD SLOPE INDICATOR (DRAINAGE Fl OVV) TRAFFIC GROIN MON EXISTING BUILDINGS (APPROX SIZE) EXISTING MONITOR WELL LOCATION TEMPORARY WELL LOCATION EXISTING GAS PROSE 1 MAT ION PROPOSED GAS PROSE LOCATION (APPROXIMATE) MIN4 ' TWOS • x NOTE* 1 EXISTING TOPOGRAPHY 6 ACOUPOSITE OF AF ROMETRIC INC PHOTOGRAPHY ELATEi JANUARY 28. 20.2 AND IALEER CREEK AERIAL MAPPING PHOTOGRAPHY DATED FEBRUARY 21 2018 2 EXISTING CONTOUR INTERVAL IS 2 FEET BASED ON NAVD00 ELEVATIONS 3 COORDINATE SYSTEM IS IN NAD27 STATE PLANE COLORADO NORTH CONSULTANT (to% Golder Associates GO( DER ASSOCIATES SEC 44 UNION BLVD, SUITE 300 LAKEWOOD. CO USA • I (3031 080 0540 .w.w wow com NORTH WELD LANDFILL UNIT 2 USE BY SPECIAL REVIEW - USR XXXX WELD COUNTY, COLORADO TITLE SITE PLAN WITH SUBGRADE TOPOGRAPHY 15,38a80 REV. A 2 e1 E SHEET 2 R a X 5 6 1 JE 0 300 1- • 300• OWNER MICHAEL J MCCRERY DISSIPATION BASIN ORAINAGEWAY NO BUILD OR S r ORAGL AREA ./ ,/ / NIORINCIUANTER CORNER j SEC 7, TIN, REAM boo FEET L ONMLR MiC1ALA. J MCCFTC IlY _• r- OWNER MICHAEL J MCCRERY NO F f HOW WELD COUNTY ROAD 64 (30 FT EACH SIDE OF SECTION UNE. BOOK N. PAGE 273 OWNER MARK K BALAMONTE TRUST NORTHWEST C.ORNFR SFC 7. ITN. RS6W TWOS OWNER DAVE DRAKE f` •;`41 n 7aFT WIDE WESTERN,�j i AREA POVVER RV EASEMENT 1 4.._....._._....,...•........• Lx _.x ___.. .._ PIERCE tATTRAI OWNER U1RRY G OEHAAN I i TO" OWNER LARRY D DEHAAN DRAINAGEWAY' NO IlUjECE ospit-E STORAf .M4TX a,it Crt4Stit • � ,r- TA/ ob/ -� 02 •r" i TW-10 nv.osl .60 4;430 SUN I T 2 jjNi�N) TORMWATE TENTION PO NO BUILD O DRAGE AR II ,ptwo .X ORNER 7N. FORM 1t5S -.. 5140 :--•-"•—•hNisr ti. •••- _` 1, SOIL STOCKPILE AREA J t ExISTIYQ SCREENING RP RM r F_XISTING UNIT 1 DISPOSAL AREA APPROX 1'22 ACRES 00 FT ROW WELD CrOtRitY R as ;J0 FT EACHSIDROOD SECTION .INE. BOOK B3- PAGE 273 �, c__ _ i —% _""� rib E' OFFSET y rc- is.: ..r._ �.•.•FEs.._—..�.. _.. -.. =X._. ,i:,.•r.—•a�al°.71•N►YI� X:^•r16t iT•, "R OWNER LARRY D OEIIAAN I I LIMIT OF PAVED ROAD LOCA-ioN OF EASING TRACK WG CONTROL DEVICES A PPROx ) OWNER REBECCA LYNN lIQINEIOER SCALENDURE (SW eF) J a� A 201912-21 ISSUED FOR VVCLQ COUNTY USR REV YYYY-6.04•OD DF4 <" OV8 DVS JAR ME.M DESIGNED PREPARED REVIEWED Af`i ^(,-: • MAINTENANCE BE401P (7000 Si 1 141/41844414 -4 -44 -no• Errs'. Si .ye* 1 STORMWATERIEXISTING UNIT 1 RETENTION POND 1x .4. (42.2 AC -FT) I1 11* t\ .. .._.._.._..14 \lik � ONR4ER OEN1•k5 F DRAKE SOUTH QUARTER CORNER SFC 7. 17h, R&M ROW STATE (BOOK HU HIGHWAY 14 PAGE 499) CITY OF THORN; ON 5-5 �i ,,. OWNER DRAKE FAMILY PAR TNEELSNIP OFFICE 0212 SF) EXISTING ACCL_S8 I ROM weft 2b GRI NER ORA RE FAMILY PARTNERSHIP ROW STATE EIGHWAY 14 010OK 1474 PAGE 497, /,. 11- T OWNER OL-NNIS E IMAM. ROW STATE HIGHWAY 14 iBOOK 1483• PAGE 93) POTENTIAL I-UTURE CONVEYANCE TO COLORADO DEPARTMENT OF TRANSPORTATION 0 ENTRANCE GATE �. SOUTHWEST CORNER • SEC. 7. TYE& ROAN • , A - , OP' OWNER: YVST LLP, fOWNER: HP4 GROUP INC I USE BY SPECIAL REVIEW WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. FOR NORTH WELD LANDFILL SECTION 1 . LOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LEGEND EXISTING TOPOGRAPHY (SEE NOTES 1. 2. AND!) —326 PROPOSED LINER SUBGRADE —..—•--._— PROPERTY BOUNDARY --_--...- USA 1527 BOUNDARY I'•••Imm•••Immo EXISTING UNIT 1 LIMIT OF VWSTE Ton+s.t►s+a66 EJLISTiNGFENCE PROPOSED FENCE UNIT 2 PERIMETER CHANNEL UNIT 2 RUN ON DIVERSION CHANNEL EXISTING;RRIGATION DITCH EXISTING RIGHT-OF-WAY :INE POTENT AL FUTURE CONVEYANCE EXISTING ROADS PROPOSED PERIMETER ROAD 41 OPF INDICATOR (DRAINAGE Fl ()UV) TRAFFIC CIRCUTATION EXISTING BUILDINGS (APPROX SIZE) EXISTING MONITORING WELL LOCATION TEMPORARY WELL LOCATION EXMTING GAR PROBE LOCATION PROPOSED GAS PROBE LOCATION (APPROXIMATE) i. MIVV-9 ,1 TWOS • :1 NOTES 1 EXISTING TOPOGRAPHY IS A COMPOSITE OF AFROMETRIC INC PHOTOGRAPHY DATED JANUARY 20, 2012 AND MILLER CREEK ACP AL MAPPING PHOTOGRAPHY DATCD FEBRUARY 21 2018 2 EXISTING CONTOUR INTERVAL 13 2 FEET BASED ON NAVD66 ELEVATIONS OWNER GARY. `\ w BRIw00 N \ • 3 COORDINATE SYSTEM LS IN NAD27 STATE PLANE COLORADO ICRTH WASTE MANAGEMENT DISPOSAL SERVICES OF CO-ORADO INC CCM 4,` - Golder Associates GOLDER ASSOCIATES INC. 44 UNION B.VD SUITE 300 LAKEWOOD CO USA, • 1 (303) 060 OSLO wwwOdor tort, NORTH WELD LANDFILL UNIT 2 USE BY SPECIAL REVIEW - USR XXXX ')VELD COUNTY CO_ORADO SITE PLAN WITH SUBGRADE TOPOGRAPHY 1538880 7 .s 1 D 12/17 WIC 0227401• 11/27/10 10102 .70.00 1/007 7 0122 MAR7 ARM /WtSSITIN CLSRE s macaws* MEW CO, CO c • MOVI2'1. 1A•1a0 r arissua. Maus rvaacrraaa mass ■ GROUP* CO 1-F co rm SAME RMcss rTT• ) uz uamallba, AG ASK ?laa aMlaos g per •1•1004hams 10.00.1Por 0100 ale* Ova, N MOM OOMI SHADOW Ile l I&AC IA Pee Aar Sul ►Ran Ant. 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W N Q 1: z Q aj IL Z Z � Z Q eL 0 Z iW EL �C �V a Lai N J 3 V)0 _ I --- f— CC Z casseday assoc., olLPICNITICTURE A,O Fl Sr Sag \ robb ►LAmirefrAi a•• a.l.a. ••• Cr Ce ISA al WO CS D•C. s0. *Oils ._• � 0/2 IOOp1 0 SHUT NiNefR L3 1 SHE P, Sheet 7 of 7 From: Anderson, Christopher <cander14@wm.com> Sent: Monday, August 29, 2022 3:31 PM To: Kim Ogle <kogle@weldgov.com> Cc: Ryan Fernandez <rfernandez@weldgov.com>; Schweitzer, Tom <tschweit@wm.com>; Myers, Steven <smyers5@wm.com>; Dodek, Brian <bdodek@wm.com> Subject: North Weld Landfill Status Update Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kim We appreciate you taking the time to visit the site Thursday. The purpose of this email is to outline the work performed at the site since the hearing, as well as plans to improve conditions and mitigate potential nuisance conditions moving forward. Since the spring wind events and County Commissioner's hearing, damage to the tall litter fencing has been repaired, which included replacing 13 of the 70 tall fence panels. Twenty additional netting panels were purchased and are stockpiled onsite to enable quicker replacement of panels in the event of future damage. Further, we plan to install a tall litter fence along the east side of the landfill later this year or early next year, subject to vendor availability. Litter has been picked up from areas offsite and areas visible from adjacent roadways. At the active disposal area, 240 feet of new, portable, 16 -foot -tall litter fences were purchased and are in place. Combined with our previous portable litter fences, the active disposal area is surrounded on three sides by portable litter fences. As you know, collection of wind-blown litter onsite is a daily, continuous process, but we believe the site is in good condition and in compliance with USR Development Standards. Regarding the landscape plan, we are engaging a landscape contractor to install a new irrigation system, remove dead trees and replace with new trees. Based on discussion with landscape experts, we plan to replace deciduous trees with drought -resistant evergreens, such as Ponderosa and Pinon Pines, approximately 6 -feet in height. Installation of the new irrigation system and removal of dead trees is expected to begin in September; however, the landscape contractor strongly recommends that we wait until next spring to replant new trees, to ensure a good selection of "A -Grade" trees and to allow sufficient time for them to become established during a full growing season. We are also planning to cap and close portions of Unit 1 that are near design grade and will not be affected by further fill operations associated with Unit 2. Specific locations and timing are yet to be determined, but it is anticipated to occur in 2023-2024. Although the 2022 wind events were unprecedented and should be considered an "Act of God", we recognize that there are opportunities to better prepare for future events and better communicate when they inevitably occur, which will be our focus moving forward. In addition to other options being considered, have contracted with additional temporary labor vendors, so we have access to more laborers when a wind event occurs. We appreciate your support and the support of Weld County, and we look forward to continuously improving our operations to better serve the community and minimize potential impact on our neighbors. See you this Wednesday. Thanks, Chris CHRIS ANDERSON Area Manager of Disposal Operations - Colorado canderl4@wm.com T: 720.876.2633 C: 775.386.5001 3500 South Gun Club Road Aurora, CO 80018 MEMORANDUM TO: Board of County Commissioners DATE: June 20, 2022, updated August 31. 2022 FROM: Kim Ogle, Planning Services SUBJECT: USR-895 and USR18-0065 Site Inspection, August 25, 2022 North Weld Landfill — Waste Management Waste Management Disposal Services of Colorado Inc. The Department of Planning Services performed a visual site inspection on Friday June 18. 2022 to determine if the site conditions had changed since the June 14. 2022 visit. Planning staff determined that the litter netting located north of Highway 14 had been replaced and all panels had netting. The windblown litter within the facility for the most part appears to have been collected and placed in bags for disposal. There remains litter outside of the facility boundary. There are trees that are not thriving planted south of the litter netting. Images of the June 14 and June 18 and August 25, 2022 are attached for comparison Site Condition June 14, 2022 Site Condition June 18, 2022 Approved Landscape Plan 8 1783 PSC 0713401• 11177180 10:0) 00.00 CI:00 0f77 aa■7 •aa ►a0aa81aT■ CUM . 77.0747177.07471081coe■ MILD 0 VINO rs St A coo ., e Y" • r a. * 0 s• A • O[ re • 61.1.1'1. 5117•1•C• orre- lil0 •»'h7Ct_ .7W June 14. 2022 l'•■•fa1¢4 'Mitt l Marl OP -S A nil 1Atl URda (ITO �asaz c CCflal 16.711 ••1P• •taw Annaawn r••�s na •.m Kos •Vf'•ace b••aM•••. Isac Pila AM' Ss Poe •\l •tr• Y P•.• '0a •IO r— DIRCXXCA46 •1C•1 a tatra►4 .J. Si Or ••t •AR reel r••«: Srway . CACSI•• Of s i •• t•• OAT Mr.(1.4 r•N' TYPICAL PLANTING PATTERN WIS. JNti .a.� A•nr•rc• 1 w: • Y •OP.t ar•a01 •.� C000maR• Acern . jl•• Or -pew •••• •t4 'ALMS s.. inks. .U•l Ara•C•aa w r••••••w• Irma toll ••l•o••• •Y •1•.t•••• ►•a• ..4.+ Mel. 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WE 1' •tUYafR L3 or SHEETS ,•, . , Sleet 7 of 7 June 18, 2022 August 25, 2022 End Memorandum MEMORANDUM TO: Board of County Commissioners DATE: June 20, 2022 FROM: Kim Ogle, Planning Services SUBJECT: USR-895 and USR18-0065 Site Inspection, June 18, 2022 North Weld Landfill — Waste Management Waste Management Disposal Services of Colorado Inc. The Department of Planning Services performed a visual site inspection on Friday June 18, 2022 to determine if the site conditions had changed since the June 14, 2022 visit. Planning staff determined that the litter netting located north of Highway 14 had been replaced and all panels had netting. The windblown litter within the facility for the most part appears to have been collected and placed in bags for disposal. There remains litter outside of the facility boundary. There are trees that are not thriving planted south of the litter netting. Images of the June 14 and June 18 attached for comparison Site Condition June 14, 2022 Site Condition June 18, 2022 June 14, 2022 June 18, 2022 Approved Landscape Plan i oui •Wi►as�aswrsuttailrul)irt ax It .C2 00.04 ♦.4a.'. ro a r u 011 •� fin/• 11• Q ! [•CV' 1 • M 11-lr]0'[ 1130 June 14, 2022 •/r7Jt- 311.0 Cove 11• !•••ORY♦ 'OM •1 clots fl• Si 0• na M•a veto 1•1.1 J :aaaa a►s Ask fes-••• • i•••.M C.S. .a t. +••a••ctt a•••C• .••• Plano ••s .40olit n Vi /1ti •••••••• Al Ia•••4.4 Yon Mire - a..c 'S.a••••••• �� arm 1••a♦a• •aar•w MCI w CAMPS d c a na •A I WES fen) Sma• s WOW% Cr ht c• ••a wa fan mail) TYPICAL PLANTING PATTERN oe1,e•1...a,le rwo•••• •gaer•n••••�•.w + ••�n1t..••• r ••••a (lsrav •Ma••• ab••a••• 1MGaV••C• MO '5••1.1••••1f ! •A esi• •.••• W ••• A s•.•a •'•ee•.Ia•Mou Pea Pose. 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Ar strx►G9 /� 1�_ ) ?Imola& retie ^1r5 sawn— Matt M:3 a! tai="4 ti C• •- •al sr! '*% U SR -895 i N. J• =s\ z� .S X ft_ OaO I' N gi ` u r Z 7 4 a to rc fib tei in az. a1 <0� cd t7•`)- r� ° 1f� r i hi o CCCCCCr.. ts J J Z �0 op- za gcr o I Q0� U is ~ a i ui _L in U n r- .-- Ar ~ C! W i7� 3 in I W = 1- 1— N Cr Q 0; Z z a 0z Z Z Q Q. g� A _D robb casseday assoc-, saa4 f IC AID P ANION s. Es •a ••s•.. a •w• 2••C •e••1• a.i.a, sum Pei. •0a M1=a•U •A ••s.I sotur NUMBER L3 or soma n Sheet 7 of 7 June 18, 2022 End Memorandum MEMORANDUM To Board of County Commissioners From Kim Ogle, Planning Services Subject Probable Cause for USR-895 and USR18-0065 Waste Management Disposal Services of Colorado Inc. Date June 20, 2022 SHOW CAUSE CASE SUMMARY CASE NUMBER: PCSC22-0011 NAME: Waste Management Disposal Services of Colorado Inc SITUS: 40000 County Road 25, Ault Colorado 80610 LEGAL SW1/4 and part of the E1/2 of Section 7, and Lot B of Recorded Exemption, DESCRIPTION: RECX17-0150; being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado TOTAL ACREAGE: +/- 463 acres LOCATION: East of and adjacent to CR 25, north of and adjacent to State Highway 14 and south of and adjacent to CR 84 Timeline: April 2022 High wind advisory for Northern Colorado April 13, 2022 Complaint received from a surrounding property owner stating non-compliance with the USR April 25, 2022 Complaint received from a surrounding property owner stating non-compliance with the USR. Planning Services and Environmental Health [EHS] reach out to James Reed Manager NWLF by a -mail: We (EHS) are receiving numerous complaints concerning blowing debris from the North Weld Landfill. I know work is underway concerning repairs to the fence, but it appears that picking efforts and other containment efforts have not been effective or satisfactory in removing offsite debris or containing debris to the site. As you know, this is a violation to the USR. We need an updated debris management plan for how all offside debris will be handled, when fixes are anticipated and how future debris will be contained. Based on the number of complaints we need this information by end of day. James Reed responds to EHS: Thank you for your time this afternoon to discuss the issues we have been currently faced with our windblown surrounding litter at NWLF. Presently our plan is to utilize two different temp agencies to maximize the amount temporary labor litter pickers (10- 15 labors) to assist in cleaning our surrounding neighbors, working farthest from the landfill, then in. Before and after litter picking, I will follow up with our neighbors to ensure we are satisfied with the clean up on their property. In addition, we are working on the repair for 14 of our down litter fence netting on the south side of NWLF. At this time the netting has been ordered and planned for installation around May 9th 2022. We apologize for this inconvenience and look to getting this issues resolved immediately. April 26, 2022 Planning email to James Reed The Commissioners office continues to receive calls of complaint with the blowing debris off of the landfill. Two weeks past you indicated that the net material was on order and would be delivered in 7-10 days. As this date may have passed, the planning office is seeking an update on the status of the efforts to collect the debris from your site and more importantly the neighboring fields and subdivisions. The debris field is widespread — County Road 21 east to County Road 29, north of County Road 84 and south of County Road 80 — Representative photographs taken on Sunday are attached. Please provide an update on the status of the W -M clean-up efforts and what action Weld County can anticipate in the future to maintain compliance with the current land use permit. April 29, 2022 James Reed reaches out to EHS Thank you again for the support and communication upon NWLF windblown issues surround the property. Following our conversation earlier this week we have utilized approximately 10-14 laborers per day to clean the surrounding properties from Belmont Farms, CR 23- CR 27 North and South of HWY 14, Drake Farms and South of NWLF litter Fencing along HWY 14. We are currently working with our fence vendor to start installation to the 14 damage wind panels by May 9th 2022.The present forecast is projecting 30mph sustained and 45 mph wind gust today and tomorrow. If we have any litter exposure we will ensure to follow up with our neighbors and focus on our surrounding property first thing Monday morning. In addition we will clean along HWY 14 to Double J Farms. May 2022 High wind advisory for Northern Colorado May 6, 2022 We [EHS] did a visual inspection of the site earlier this week. Significant progress has been made, but still needs to be monitored to ensure they continue debris removal (which we will do). They are still working with the fencing company to get replacement parts and hope in the next 10 days to start repairs. We have a scheduled inspection of the site coming up, this will be noted as part of their inspection report, but at this time will not constitute a violation. EH has also been in communications with Planning and keeping them apprised of the situation and what, if any, actions they would like to see. They seem to be in agreement with our current approach. May 6, 2022 Planning staff conducting a site inspection of the property and property perimeter to determine compliance with the Development Standards associated with each permit May 18, 2022 EHS conducts site inspection of NWLF May 23, 2022 We [EHS] are currently working on the inspection letter, inspection performed last Wednesday, and are planning on including the debris issue as part of that (they are in violation of their USR by noncompliance with site Development Standards). I think we should have the completed in the coming 10 days or so. May 27, 2022 Planning staff conducting a site inspection of the property and property perimeter to determine compliance with the Development Standards associated with each permit June 1, 2022 EHS Letter to James Reed, Manager NWLF North Weld Landfill — 2022 First Semi -Annual Inspection June 14, 2022 Planning staff conducting a site inspection of the property and property perimeter to determine compliance with the Development Standards associated with each permit Background: June 27, 1990 Board of County Commissioner approval of Site Specific Development Plan and Special Review Permit is for a solid waste disposal site and facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. Only 119 acres of the 170 -acre parcel shall be used for phased waste filling. The maximum height of the final grade shall not exceed an elevation of 5,210 feet above mean sea level November 27, 1990 USR-895 Map recorded, document no. 2234016 September 18, 2019 Board of County Commissioner approval of Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District July 14, 2021 Summary; USR18-0065 Map recorded, document no. 4735587 For case number USR-895, known as North Weld Landfill Unit 1, Planning Services finds the operation of the facility is not in compliance with: Development Standard No. 1 of USR-895 states: The Site Specific Development Plan and Special Review Permit is for a solid waste disposal site and facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. Only 119 acres of the 170 -acre parcel shall be used for phased waste filling. The maximum height of the final grade shall not exceed an elevation of 5,210 feet above mean sea level. Development Standard No. 11 of USR-895 states: The facility shall be operated in a manner to control blowing debris at all times. Operation during windy periods shall be accomplished in a manner that controls blowing debris. Any debris found outside the working face or adjacent to the facility will be picked up within 24 hours. The fence on the perimeter of the property, State Highway 14, Weld County Road 25, and roads on the perimeter of the waste disposal facility, shall be patrolled daily by the facility staff to assure trash is picked up. The manager of the facility will respond to requests for picking up trash along these routes within 24 hours of notification by County Health Department personnel. The following operational measures shall also be employed to control blowing litter at the site: a. At the end of each day, application of six inches of soil cover shall be placed over the working face. Soil cover will be placed on waste as soon as possible on days when wind is a noticeable problem b. The working face shall be enclosed on three sides with a minimum 15 -foot screen while accepting waste. A five-foot fence shall enclose the cell containing the working face. A six-foot fence shall be placed along the property lines of the 170 -acre parcel. c. During windy periods not defined as high winds according to State Health Regulations, the size of the working face shall be reduced if trash is escaping the three -sided 15 -foot screen around the working face. The working face shall be reduced to a size that eliminates trash escaping from the screen. d. Prior to accepting waste, a letter, approved by the Department of Planning Services' staff, shall be mailed to all surrounding property owners within one-half mile of the landfill boundaries. The letter shall indicate the following information: i. The program that the landfill operators will use to pick up off -site windblown trash. ii. The name and telephone number of the person or persons to call for pick- up of windblown trash. e. The operation shall cease during periods when high winds are present. High winds are defined in Section 1.2.31 of the Colorado Department of Health's Solid Waste Disposal Site and Facilities Regulations. Development Standard No. 26 of USR-895 states: The property owner or operator shall comply with the Design Standards of Weld County Zoning Ordinance. Development Standard No. 27 of USR-895 states: The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. Development Standard No. 30 of USR-895 states: The property owner or operator shall be responsible for maintaining the approved landscape plan. Development Standard No. 31 of USR-895 states: The owner or operator shall comply with Weld County Ordinance 53. Development Standard No. 35 of USR-895 states: 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. For case number USR18-0065, known as North Weld Landfill Unit 2, Planning Services finds the operation of the facility is not in compliance with: Development Standard No. 1 of USR18-0065 states: The Site Specific Development Plan and Use By Special Review Permit, USR18-0065, is for a Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. Development Standard No. 7 of USR18-0065 states: The fencing onsite shall be maintained. Development Standard No. 17 of USR18-0065 states: Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code and with the approved EDOP. Development Standard No. 33 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code Development Standard No. 34 of USR18-0065 states: The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. Development Standard No. 44 of USR18-0065 states: The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. Development Standard No. 47 of USR18-0065 states: The properly owner or operator shall be responsible for complying with all 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. Staff recommendation: The applicant shall bring the property into compliance, as enumerated here: Development Standard No. 11 of USR-895 states: The facility shall be operated in a manner to control blowing debris at all times. Operation during windy periods shall be accomplished in a manner that controls blowing debris. Any debris found outside the working face or adjacent to the facility will be picked up within 24 hours. The fence on the perimeter of the property, State Highway 14, Weld County Road 25, and roads on the perimeter of the waste disposal facility, shall be patrolled daily by the facility staff to assure trash is picked up. The manager of the facility will respond to requests for picking up trash along these routes within 24 hours of notification by County Health Department personnel. (USR-895 D.S. #11) The fencing onsite shall be maintained. (USR18-0065 D.S. #7) Waste materials shall be handled, scored, and disposed of in a manner chat controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance wish Chapter 14, Article I, of the Weld County Code and with the approved EDOP. (USR18-0065 D.S. #17) The property owner or operator shall be responsible for maintaining the approved landscape plan. (Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time) (USR-895 D.S. # 30) Based on the concerns raised by the Departments of Public Health and Environment and Planning Services, the Department of Planning Services requests the Board of County Commissioners review the operation of USR-895, including Development Standards #1, #11, #26, #27, #30, #31 and #35 and USR18-0065 including Development Standards #1, #7, #17, #33, #34, #44, and #47. The manager of the North Weld Landfill in early June 2022, James Reed, was notified of the Probable Cause hearing in letter dated June 1, 2022. If the Board determines that the facility is not operating in compliance with the two (2) approved USR Resolutions, the Board of County Commissioners may schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. The Department of Planning Services is recommending the Show Cause hearing be set out six (6) months from the date of this hearing to allow time for Waste Management to address the issues presented here, and to bring the facility into compliance with the two approved USRs, USR-895 and USR 18-0065. PROBABLE CAUSE HEARING, PCSC22-0011, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-895 - UNIT 1 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. SW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado PROBABLE CAUSE HEARING, PCSC22-0011, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR18-0065 - UNIT 2 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. Part of the E1/2 of Section 7, and Lot B of Recorded Exemption, RECX17-0150; being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado USE BY SPECIAL REVIEW i •-=+(' rE 1 CY.TVM[Ft MICHAEL J onGRtRY 1 I *issimTloJ B.ANN OFtAlaelrG7WAY NO Asia Ji r NpRTAruUARTER C.13l NFN }r SEC. 7, 1714. IRWIN r, ..1- _. ''=•44J 4T11,.1 OME'R MiC AEL J MCC RERY Oil SO FT !ROW WELD CIDL1 NT? R O -AO &I (30 FT EACH SIDE C3F SECTNOtI LINE. BCC44 M. PAGE 273 C3A/NER MAW K. LSAIAN14?RIE TRUST NOFI THIATIST CORNER SEC: 7', TIN IIII66 Y C-.4, DAVL OWL PIIRCE I MURAL - ty�� iJ easir �S -'r TWA* IS FT Yr1iDE WMESTE RN a,' A PSA P+QriATA I ay ≥ME is i x 4 PHASE 59.6 f3GRES ry'au -0 wa ST. A °Ka r.. a I x.4 4 TIN 1.9 AK. a Fa5. a ACRES -SEC, is, MI. R>II54"F !Pi saderse .Y ere 5IC Fi hrl la �'A°f`E TENTION PO NO BUILD 0 ,TORAGE AR 9 { � J rT OFFSET � LL SOIL STOCKPILE AREA atitillAms often. rellolgtelr17 1 7i i: I EXISTING UNIT 1M44 STQRATERw i RETENTION F'+QND 4 (42.2 AC -FT) FXISTIH{] SCRFRAN�: RFRM ItIt 1 APPROX, 122 ACRES 60 rat stow iasEita WUNT'I' RetIAD 25 (34 FT EACH SIDE OF SECTION UK, DOOM BS PAGE 2 pa. LIMIT OF PAYED ROAD , LOCATZ34 OF EXISTINiG TioatiNG CONTROL DEVI DES IR.'PPROXj DINNER REHEGGA LYnawW SCHKI4EIDER SC -ALEHOUSE (542 SF1 rt 2.1T4I-12-21 ISSUED FOR YIELD OC+U NTY'LISR DMZ DVS .JAR M E61 DESCRIED PREPARED REVIEWED JiPPRCIVEC x—. 1Arh. NTI INANOL 5 HOF ,(7469 SA) OFFICE 0312 BF) EXISTING ACCESS FFIVA iIWOR 5 ROW STATE 411C1WAY 1+4 (ROOK 14]'4_ PAGE 4R2) twist crry aaNT ON r r w cis • OWNER: DR-IiICE FAMILY P'ARTNERSHP °whi Eft DRAKE FAIJRY PARTNERSHIP WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC FOR: NORTH WELD LANDFILL SECTION 1, TOWNSHIP 7 NORTH. RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD. STATE OF COLORADO ROW STATE HIGHWAY 14 {SOCK 14 t4 PAOE 447} > r LIEMEND ree-, 0Wr g R. SOUTH C]eJARrER C5DRAIER AFC:. 7, TTId, Ran& OWNER_ DENNIS F CRME MI' -a 1EODK 1Oa, PAGE 03) AFC 1 - STATE 1404IIWAY 14 air P€9TEIVTIAL FUTURE COWYE ro COLORADO DEPARTMENT I RAI.J-S IJOR 1 ANON 0 ENTRANCE GATE a% r— SOUTHWEST ST CORNER SEA 7. TIN_ROM OWYWElt raj UP, i GAMER HH CROUP INC EXIST'NG TOPOGRAPHY iSEE N€TTES 2 Aii X264 F'ROPCSED LINER SUGCRADE PR -CAIN -TV Dam DAR r LISP 1ST/ Bti U NC►r N Y EXISTING UNIT 1 LIMIT QF WASTE In f a i linala DOSING FENCE. Mr P46644 s Nitta. i N1aTES PROPOSED FENCE M,9lY.IT PF RIioEfEn C RIANNIE4- UNIT 2 FtUN.45N Di'WERSIt1ti GHMINEII I XISTTAI G IIR R CATION WON E7tIOIRA r RIGHT4OrMAY LINE. POTENTIAL FUTUR'SCONVEYANCE ?XI 511 NO ROADS PROPOSED PERIMETER MAO 31.01 INi0iOAT0R cDRAINRGE FLORA.; TRAFFIC 0IRO:ILAT CiN EXCITING BIJIEOI { ROA- ea) 9TiplG hlONnTORIi4 *Lt LOCATDODa TEMPORARY WELL LET IC1N EXISTIN0. OAS PROBE idOCA ON PROPOSE()GAS PROBE LOCATC44 aAPPR TIE) 1 EXISTING TOPOGRAPHY IS A (t€ MPO6ITE OF AERCMETRIC IMO_ PHOTOGRAPHY DATE.' JANUARY ZQI2 MD RPLI-ER CREEK AERIAL MAPPING PTIO CGRAP'HY RATED FEBRUARY 212019. ry OWNER' WERTa \ M DRAGOON r ti E? TINE 44TCIR IKTER--VAL* t FEET MEP ON: M NDIS ELEYATIIONS, 31 COORDINATE SYSTEM IS IM MIA 27 STATE PLANE COLORADO NORTH WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC- Cetasi f Tati N r relitsleartes GO R JIBSCCIrATE S INC 44 UNION OM. SUITE 939 LAKE'r WD. aFQ U SA €1 i(303I 9(53 tA'A.I' WNW errs ._ PRQ.itIL: . 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S Site Inspection On -Site and Off -Site Conditions June 14, 2022 USR-895 Unit 1 Non -Compliant with the following Development Standards 1. The Site Specific Development Plan and Special Review Permit is for a solid waste disposal site and facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. Only 119 acres of the 170 -acre parcel shall be used for phased waste filling. The maximum height of the final grade shall not exceed an elevation of 5,210 feet above mean sea level. 11. The facility shall be operated in a manner to control blowing debris at all times. Operation during windy periods shall be accomplished in a manner that controls blowing debris. Any debris found outside the working face or adjacent to the facility will be picked up within 24 hours. The fence on the perimeter of the property, State Highway 14, Weld County Road 25, and roads on the perimeter of the waste disposal facility, shall be patrolled daily by the facility staff to assure trash is picked up. The manager of the facility will respond to requests for picking up trash along these routes within 24 hours of notification by County Health Department personnel. USR-895 Unit 1 Non -Compliant with the following Development Standards The following operational measures shall also be employed to control blowing litter at the site: a. At the end of each day, application of six inches of soil cover shall be placed over the working face. Soil cover will be placed on waste as soon as possible on days when wind is a noticeable problem. b. The working face shall be enclosed on three sides with a minimum 15 -foot screen while accepting waste. A five-foot fence shall enclose the cell containing the working face. A six-foot fence shall be placed along the property lines of the 170 -acre parcel. c. During windy periods not defined as high winds according to State Health Regulations, the size of the working face shall be reduced if trash is escaping the threesided 15 -foot screen around the working face. The working face shall be reduced to a size that eliminates trash escaping from the screen. d. Prior to accepting waste, a letter, approved by the Department of Planning Services staff, shall be mailed to all surrounding property owners within one-half mile of the landfill boundaries. The letter shall indicate the following information: The program that the landfill operators will use to pick up off -site windblown trash. The name and telephone number of the person or persons to call for pick-up of windblown trash. e. The operation shall cease during periods when high winds are present. High winds are defined in Section 1.2.31 of the Colorado Department of Health's Solid Waste Disposal Site and Facilities Regulations USR-895 Unit 1 Non -Compliant with the following Development Standards 26. The property owner or operator shall comply with the Design Standards of the Weld County Zoning Ordinance. 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 30. The property owner or operator shall be responsible for maintaining the approved landscape plan. 31. The owner or operator shall comply with Weld County Ordinance 53. 35. 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 USR18-0065 Unit 2 Non -Compliant with the following Development Standards • 1. The Site Specific Development Plan and Use By Special Review Permit, USR18- 0065, is for a Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. • 7. The fencing onsite shall be maintained. • 17. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code and with the approved EDOP. • 33. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. USR18-0065 Unit 2 Non -Compliant with the following Development Standards • 34. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. • 44. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. • 47. The property owner or operator shall be responsible for complying with all 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 USE BY SPECIAL REVI CesTV14[FL 14ICHAEL J IVCGRCRY 1 I *issir.-rm BANN 6RAINAG7WAY NO Ain it OR S I CMAGL A ltfi1 l Ji r NOR I'AI LPARTER G13m F }r' SEC. 7, TI N, IRWI+ Y . ''=•44J 4T11,.1 ITS fJ OWNER MiCI1AEL J ',ACC RENY SO FT IRUA' WELD COUNTY RO—AO 811 (30 FT EACH SIDE C3E SECTION LINE. BOCK M.'PAGE '273 Oia/NER IMAW K. ISAIAPAONTT TRUST NOFI THWEST CORNER Ste. 7,1h,: tl�itIBMY a e QPA DAVE DRAKE iJ or" �S -'r TWA* IS FT WIDE WMESTE RN ill A PSA P+QIrAi A I U;a1 iiy 1MEP i i x { ea•lati w ;�71S ry4"� 4 tiff .r J a- r�y .Y epee la.Van OCIAJNAGLWAY arse- NIT 2 wa atiexo ST. A ¢P - ~ sr' fL ��. 1 WW.4 4 T1 1)9 a ��jy XT ACRES i 4q9 TORAla �'A :TE NTION NO BUILD 0 „TO,RAGE AR tk• rT OFFSET SOIL STOCKPILE AREA 11.1111424 often. wirrinevell7 1 ii i: , EXISTING UNIT 1 WAT ER ATERw i RETENTION FOND 4 (42.2 AC —FT) FXISTINO SCREENING RFRM ilit.G 1 APPROX, 122 ACRES $0 rat Row 4LJCOoPen. kOAD (3O FT EMI SI D L OF SECTION UK, 5+ OK E5. P'A'GE 2F3 LIYAIT OE PAYED ROAD CANNER F EREOr. A LWAIN SCNNE IDER SCALEITOUSE (542 S=' x—. r� LOCATION OF f bu5TI MAO( COMiH+QL. DEVICES IAPPR OXj 2:)114-'I2-21 ISSUED MR VC ID CCU Mr( USA DVS GIIS .JAR M EM DESIGNED PREPARED REVIEWED JiPPRQVED i irt IA1p. ITINAsNOL 5 HOF ii7061 SF) We1 OFFICE (1,12 Sin xt EXISTING ACCESS FFIVA +1WCR 25 ROW STATE HIGINAY 1+4 (BOOK 14]'4_ PAGE 4979) Inept CM a F`fiOddf+ I ON cis r r .sr"' Ards- i54+6+faER= I}AMC.E FAMILY PAATNERSHP OWNER. DRAKE FAIRLY' PARTNERSHIP !ROW STATE bil'GHWAY 14 ROOK 111,,1, PAGE 4-13} �OM15 NS R. L+: E Dlit IE SOUTH Oa1ARrER DCIRNET2 Sr C:. 7, T71\1, Raw' OWNER DENNIS F CRA1{E MI' -. LEOOK iii, PAGE Sill) STATE IrIl(3.FiIWAY 14 err P€9TEIVTIAL FUTURE CONVEYANCE ro COLORADO DEPARTMENT IISAN-SFC,M Al ION OCRANCE ,GATE •a% ir SOUTHWEST CORNER SET_ 7. TIN. ROM OPerNElt raj LLB', OWNER NH CROUP INC VVASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO INC. FOR: NORTH WELD LANDFILL SECTION 1, TOWNSHIP 7 NORTH. RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD. STATE OF COLORAI : LIEUEND EXST'NO TOPOGRAPHY iSEE NOTES 2 Aihie 2!�Q F'ROPCSED LINER SUDGRADE Ole ■.. .•I PR -CAIN -TV PlaiN DAR r LISP 1ST, SOU NEAR Y EXISTING UNIT 1 LIMIT Cf WASTE In in I Ina EXIST INiG F ENCE. 3e PROPOSED FENCE M,9rpr PF RIME -Fmk CINtI NNE!- UNIT 2 RtuhlteN IMOERSICIN CHANNEL i NI -SING ORR CATION MICH COMM ItIGHTrOrM+,Y LINE. I J PIQTEN VAL FUTURE CONVEYANCE tiedBTItoo ROADS PROPOSED PER 1161ETE4 ROAD SiBPE ImeiC 41TOR I:DR?IMAGE FLOW TRAFFIC eictouLAr ON EXISTING SMIL1Di { ACil- $ICE} Set STi p/G MONITOR 0d4 *LL LOCItTX:Ow TEMPORARY WEI L LET ION VsfoTINO0A-1 PROBE LOCATVN PROPOSED GAS PROBE LCCATi#14APPR TIE) P46644 s PA668. i ht0TES 1 EXISTING TOPOGRAPHY IS A (t€ MPOGITE OF AERGMETRIC INC_ PHOTOGRAPHY CAZTEC:1 JANUARY 243, 2Q12 r44IQ TAILlrER GREEN AERIAL MAPPIMIU P11Oi917.R'1PiY BATED FEBRUARY 21. I.Oi9. CIMIERI WRY r \ M DRAGOON ti E?-WTiK CaTiTICOI4 IKTEI VALIS t FEET MEP ODD IONDIS ELEYAThONS, 31 COORDINATE SYSTEM ID IM MIA 27 STATE PLAME COLORADO NORCT11 VVASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, Ii C- relitsleartes 0QIJ01ER ,Mi1,NCIai is I he 44 UNDN EILVD_ SUITE 3 LAKVAGCID.1FQ USA e1 030:! 9(30 'NW"+mo? "NW evn - NORTH 1NELD LANDFILL UNIT 2 WELD 'COUNTY, COLORADO Tr _ SITE PLAN iVr'y'ITH SMJBGRA DIE Tf OPOGFU PHY- --► L.I ILC • hi 1838880 2 From: Kim Ogle Sent: Tuesday, April 26, 2022 8:28 AM To: Reed, James <jreed14@wm.com> Cc: Kim Ogle <kogle@weldgov.com> Subject: NWLF Blowing Debris Good morning The Commissioners office continues to receive calls of complaint with the blowing debris off of the landfill. Two weeks past you indicated that the net material was on order and would be delivered in 7- 10 days. As this date may have passed, the planning office is seeking an update on the status of the efforts to collect the debris from your site and more importantly the neighboring fields and subdivisions. The debris field is widespread — County Road 21 east to County Road 29, north of County Road 84 and south of County Road 80 — Representative photographs taken on Sunday are attached. Please provide an update on the status of the W -M clean-up efforts and what action Weld County can anticipate in the future to maintain compliance with the current land use permit. Thank you in advance for your prompt reply Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. [Two (2) sets of images sent as evidence of current conditions] From: Reed, James <jreed14@wm.com> Sent: Wednesday, April 13, 2022 10:42 AM To: Kim Ogle <kogle@weldgov.com> Cc: Dodek, Brian <bdodek@wm.com>; Anderson, Christopher <cander14@wm.com> Subject: RE: Blown debris compliant Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kim, Thank you for the information, we will ensure to focus on these areas all week and possibly next. Feel free to contact me anytime. Thank you, James T Reed District Manager North Weld Landfill jreedl4@wm.com C: 303. X703.644 40000 Weld County Rd 25, Ault CO 80610 w From: Bethany Pascoe <bpascoe@weldgov.com> Sent: Wednesday, April 13, 2022 10:01 AM To: Mike Freeman <mfreeman@weldgov.com>; Kim Ogle <kogle@weldgov.com> Cc: Dan Joseph <djoseph@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Tom Parka Jr. <tparko@weldgov.com>; Wendi Inloes <winloes@weldgov.com>; Hannah Dutrow <hd utrow@weldgov.com> Subject: RE: NWLF Commissioner Freeman, After our phone call, I spoke with Dan Joseph, who immediately texted Ben Frissell. Ben will contact Waste Management today. Hannah recommended that I speak with Kim Ogle, as he has direct contacts with Waste Management. Please see below for his response. Thank -you Bethany Pascoe Zoning Compliance Officer II From: Kim Ogle Sent: Wednesday, April 13, 2022 10:23 AM To: Reed, James <jreed14@wm.com> Cc: Kim Ogle <kogle@weldgov.com> Subject: Blown debris compliant James, Several complaints were received from property owners located in Belmont Farms PUD located south and west of the landfill and also on David Drakes agricultural lands located directly south of the facility While you can not see the debris from Highway 14, internal to the subdivision I have been told it is a mess Please have one of your crews look into these 2 areas. Thanks Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle <kogle@weldgov.com> Sent: Wednesday, April 13, 2022 9:53 AM To: Hannah Dutrow <hdutrow@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com> Subject: NWLF have spoken with Manager, He has taken steps to re -order netting for the backstop and is to be in place and functional in 7-10 days. There is a scavenger crew on site collecting trash. 15 person teams working inside and outside of the net. If there is a specific site that needs attention, e.g., the source of the complaint, please let Kim know so that the information may be passed along and addressed. Thanks for your assistance Reed Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 1 7th Avenue, Greeley, CO 80631 www.weldhealth.org Junc 1, 2022 Mr. Jamcs Rccd District Managcr North Wcld Landfill 40000 Weld County Road 25 Ault, CO 80610 Subject: North Wcld Landfill — 2022 First Semi -Annual Inspection Dcar Mr. Rccd: On May 18, 2022, Wcld County Department of Public Health and Environment (WCDPHE), conducted a routine inspection of the North Weld Landfill, located at 40000 Weld County Road 25 West of Ault in Weld County, Colorado. The purpose of the inspection was to assess the facility's compliance status with respect to the Solid Waste Disposal Sites and Facilitics Act, CRS 30-20-100.5 et. seq. (the Act), the Regulations Pertaining to Solid Waste Disposal Sites and Facilitics, 6 CCR 1007-2, Part 1 (the Regulations), the facility's Certificate of Designation (CD) and associated Use by Special Rcvicw (USR) permits. Currently, the site is operating under two separate Use by Spccial Review Permits and CDs, USR-895 is associated with Unit One and USR18-0065 is associated with Unit Two. However, both sites may share monitoring which covers the entirety of the sites. WCDPHE will differentiate between the sites as needed with regard to spccific violations in Development Standards. On May 7, 2021, Swift River, on behalf of Waste Management submitted "First Half 2021 Groundwater Monitoring 14 -Day Notification of Statistically Significant Increase Above Background (SSI) for Chloride at Wcll MW -10," in compliance with the Regulations to notify the Division and WCDPHE. The letter is confirmation of a verified SSl above background for chloride at MW -10. In a letter dated November 10, 2021, titled, "CDPHE Determination with Condition- North Wcld Landfill (NWLF), Ault, Colorado- First Half 2021 Groundwatcr Monitoring Alternative Source Demonstration (ASD) for Chloride at Well MW -10" it was determined that he State general concurs with the evidence presented for the ASD. Please ensure any specific conditions outlined by the CDPHE arc followed. According to the 2021 First Semi -Annual Groundwatcr Monitoring Report, there were multiple control limit cxcccdanccs for inorganic parameters. Nitrite at monitoring well MW -9. Chloride, Beryllium, Lcad, and Iron at monitoring well MW -10. The following cxcccdanccs arc outlined: • Rcportcd conccntration for nitrite in MW -9 was 0.71 mg/L and was above the NPPL of 0.50mg/L, thcrcforc is idcntificd as an initial NPPL cxcccdancc. • Verification re -sampling for chloride in MW -10 during this sampling event reported a conccntration of 16mg/L and the CUSUM value 16mg/L remained abovc the control limit, resulting in an SSI during this sampling event. Rcportcd conccntration for beryllium at in MW -10 was 1.5ug/L and above the NPPL of 1.0ug/L, thcrcforc idcntificd as an initial cxcccdancc. Rcportcd conccntration for lead at MW -10 was 7.5ug/L and above the NPPL of 5.4ug/L, thcrcforc idcntificd as an initial cxcccdancc. Reported conccntration for iron at MW -10 was 23mg/L and the CUSUM of 22mg/L were above the control limit of 9mg/L, thcrcforc idcntificd as an initial statistical cxcccdancc. Verification re -sampling for all initial cxcccdanccs reported will occur during the regular 2021 Second Semi - Annual GWMR sampling event. Plcasc continue to keep WCDPHE apprised of the situation. Health Administration Vital Records Icic: 9/0 304 6410 Fax: Y/0-301-6412 Public Health & Clinical Services Icic: 9!0 304 6420 Fax: S./0-30,1-6416 Environmental Health Services Tele:970-304-6415 Fua.: : 970-304-6411 Communication, Education & Planning Tele: 970-.304-5470 Fax: 970-304-6452 Emergency Preparedness & Response Te le : 970-304-6470 Fax: 970 304-6452 Public Health WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 1 7th Avenue, Greeley, CO 80631 www.weldhealth.org According to the 2021 Second Semi -Annual Groundwater Monitoring Report, there were no control limit cxcccdanccs of inorganic parameters or VOC's reported above reporting limits. Chloride and turbidity were reported to have decreased back to historic levels for MW -10. On November 10,2021, CHPHE approved WM's ASD request for chloride in MW -10. Reported concentration for nitrite in MW -9 was non -detect and the initial cxcccdancc was not verified in the 2H21 groundwater report. Reported concentration for beryllium at in MW -10 was non -detect and therefore the initial cxcccdancc was not verified in the 2H21 groundwater monitoring event. Reported concentration for lead at MW -10 was non -detect and therefore the initial cxcccdancc was not verified in the 2H21 groundwater monitoring event. Reported concentration for iron at MW -10 was 4.6 mg/L and the CUSUM of 4.2 mg/L which were below the control limit of 9mg/L, therefore the initial cxcccdancc was not verified in the 2H21 groundwater monitoring event. It appears that the cxcccdanccs of inorganic parameters in the 1H21 GWMR have been resolved in the 2H21 groundwater monitoring report. WCDPHE will continue to monitor future groundwater monitoring events for any cxcccdanccs. North Weld Landfill operates under an approved 2009 gas rcmcdiation plan prepared in response to previous elevated methane concentrations. Since the original rcmcdiation plan, the facility has also incorporated additional monitoring of GP -06, GP -07, and GP -05, with GP -05 and GP -06 currently being monitored monthly. The third Quarter 2021 Landfill Gas Monitoring Report dated October 19, 2021, reported detections of methane in perimeter probes. GP-21was reported at 6.0%, which was above regulatory threshold. Methane was also detected in GP -22 above regulatory threshold at 5.8%. The 2021 Fourth Quartcr Gas Monitoring Report, on December 14, 2021, methane was detected in perimeter probe GP -22 at 11.5% which exceeds the regulatory threshold. Methane was also detected in perimeter probe GP -20 at 1.3%, which is below the regulatory threshold. The 2022 First Quartcr Gas Monitoring Report, on March 14, 2021, mcthanc was detected in perimeter probe GP -21 at 0.3% which is below the regulatory threshold. Methane was not detected in any other probes, the shop, scale house, office, or confined spaces during this monitoring event. A table of monitoring results for monthly events is provided below, with GP -05 continuing to remain under threshold while GP -06 shows a reduction from previous sampling to below threshold limits. GP -21 continues to remain under the regulatory threshold since October 2021. GP -22 had methane cxcccdanccs in November and December of 2021 but has since returned to below the regulatory threshold since January 2022. WCDPHE will continue to monitor future quarterly gas monitoring reports for any cxcccdanccs. Table 1 Feb 2021 Mar 2021 Apr 2021 May 2021 July 2021 Aug 2021 Sept 2021 Oct 2022 Nov 2022 Dec 2021 Jan 2022 Feb 2022 Mar 2022 GP -05 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% GP -06 1.5% 25.9% 2.3% 0.0% 0.3% 22.2% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% GP -21 0.0% 1.8% 0.0% 0.5% 0.2% 20.8% 6.0% 0.3% 2.5% 1.3% 0.0% 0.1% 0.3% GP -22 0.6% 0.0% 0.0% 0.0% 2.4% 29.7% 5.8% 0.0% 22.5% 11.5% 0.1% 0.0% 0.0% Percent (%) CH4 191' rolume in Air In a letter titled "Acceptance 2020 Landfill Gas (Methane) Monitoring Reports" from Colorado Department of Public Health and Environment, dated March 3, 2021, the Division stated "GP -06 is located along the southern limits of the Health Administration Vital Records Icic: 9/0 304 6410 Fax: Y/0-301-6412 Public Health & Clinical Services Icic: 9!0 304 6420 Fax: S./0-30,1-6416 Environmental Health Services Tele:970-304-6415 Fua.: : 970-304-6411 Communication, Education & Planning Tele: 970-.304-5470 Fax: 970-304-6452 Emergency Preparedness & Response Te le : 970-304-6470 Fax: 970 304-6452 Public Health WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 1 7th Avenue, Greeley, CO 80631 www.weldhealth.org fill area; within 100 feet of fill limits and more than 100 feet inside the Facility property boundary. Land use to the south of the Facility is agricultural with no structures in the nearby vicinity. GP -21 and -22 are located along the eastern limits of the fill area; within 100 feet of fill limits and more than 1,000 feet inside the Facility property boundary. The Facility will continue monthly monitoring at gas monitoring probes GP -05, and -06 and assess the collection system's effectiveness. Based on these details as well as the results of the above -listed reports, the Division accepts the gas monitoring reports for 2020." WCDPHE agrees with the CDPHE letter and does not sec need for further action regarding the 2009 Rcmediation Plan or the perimeter probes at this time. Please continue to include WCDPHE on future landfill gas monitoring reports, correspondence, and construction of expanded gas collection system. Based on the decrease in methane and the approval from the State, additional notation of this issue will not occur in future inspection reports unless a statically relevant increase is noted in the report The Weld County Health Department has received numerous complaints about blowing debris and nuisance conditions taking place at the North Weld Landfill. It was found that during high winds, the facilities netting located along the South side of the facility, boarding State Highway 14, was damaged beyond repair. The facility has responded to Weld County Health Department personnel request to pick up blowing debris and has had weekly check ins on the status of the situation. However, the netting is still not repaired. The netting is planned to be replaced by a third -party contractor as soon as possible. The facility has also responded to neighbors' complaints and has been making efforts to control any blowing debris and to cleanup neighboring properties with continuing high wind conditions. It was noted during the first semi-annual inspection, that the facility has started working on the fluff layer for Unit Two and will soon be moving its working face to this unit which WM personnel believe will help blowing debris from moving off site. Please continue to include WCDPHE in updates on the repair of netting for the facility According to USR-895, which is associated with Unit 1 (the unit closer to HWY 14 and has been the primary disposal unit for the facility), the facility is in violation of the following Development Standards during the 2022 First Semi - Annual Inspection: Development Standard No. 1 of USR-895 states: The Site -Specific Development Plan and Special Review Permit is for a solid waste disposal site and facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. Only 119 acres of the 170 -acre parcel shall be used for phased waste filling. The maximum height of the final grade shall not exceed an elevation of 5,210 feet above mean sca level. Development Standard No. 11 of USR-895 states: The facility shall be operated in a manner to control blowing debris at all times. Operation during windy periods shall be accomplished in a manner that controls blowing debris. Any debris found outside the working fact or adjacent to the facility will be picked up within 24 hours. The fence on the perimeter of the property, State Highway 14, Weld County Road 25, and roads on the perimeter of the waste disposal facility, shall be patrolled daily by the facility staff to assure trash is picked up. The manager of the facility will respond to requests for picking up trash along these routes within 24 hours of notification by County Health Department personnel. The following operational measures shall also be employed to control blowing litter at the site: a. At the end of each day, application of six inches of soil cover shall be placed over the working face. Soil cover will be placed on waste as soon as possible on days when wind is a noticeable problem b. The working face shall be enclosed on three sides with a minimum 15 -foot screen while accepting waste. A five-foot fence shall enclose the cell containing the working face. A six-foot fence shall be placed along the property lines of the 170 -acre parcel. c. During windy periods not defined as high winds according to State Health Regulations, the size of the working Health Administration Vital Records Icic: 9/0 304 6410 Fax: Y/0-301-6412 Public Health & Clinical Services Icic: 9!0 304 6420 Fax: S./0-30,1-6416 Environmental Health Communication, Services Education & Planning Tele:970-304-6415 Tele:970-.304-5470 Faa: 970-304-6411 Fax: 970-304-6452 Emergency Preparedness & Response Te le : 970-304-6470 Fax: 970 304-6452 Public Health WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 1 7th Avenue, Greeley, CO 80631 www.weldhealth.org face shall be reduced if trash is escaping the three -sided 15 -foot screen around the working face. The working fact shall be reduced to a size that eliminates trash escaping from the screen. d. Prior to accepting waste, a letter, approved by the Department of Planning Services' staff, shall be mailed to all surrounding property owners within one-half mile of the landfill boundaries. The letter shall indicate the following information: i. The program that the landfill operators will use to pick up off -site windblown trash. ii. The name and telephone number of the person or persons to call for pick- up of windblown trash. c. The operation shall cease during periods when high winds arc present. High winds arc defined in Section 1.2.31 of the Colorado Department of Health's Solid Waste Disposal Site and Facilities Regulations. Development Standard No. 35 of USR-895 states: 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. The facility has recently started operating in Unit 2 under USR18-0065. Unit 2 has a separate USR and CD from Unit 1 (USR-895). The Waste Identification Plan (WIP) for both Units 1 & 2 arc pending acceptance from CDPHE. Currently the facility is operating undcr an interim variance that CDPHE approved on December 3, 2021, which temporarily amends portions of the facility's WIP related to acceptance of TENORM wastes. The owner/operator of the facility plans to provide a revised WIP by March 31, 2022, to facilitate their desire to have the facility registered under Part 20. According to USR 18-0065, during the 2022 First Semi -Annual Inspection, the facility is found to be in violations of the following Development Standards: Development Standard No. 1 of USR18-0065 states: The Site Specific Development Plan and Use By Special Review Permit, USR18-0065, is for a Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR- 895, in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. Development Standard No. 7 of USR18-0065 states: The fencing onsite shall be maintained. Development Standard No. 17 of USR18-0065 states: Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code and with the approved EDOP. Development Standard No. 47 of USR18-0065 states: The property owner or operator shall be responsible for complying with all 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. Health Administration Vital Records Icic: 9/0 304 6410 Fax: Y/0-301-6412 Public Health & Clinical Services Icic: 9!0 304 6420 Fax: S./0-30,1-6416 Environmental Health Services Tele:970-304-6415 Fua.: : 970-304-6411 Communication, Education & Planning Tele: 970-.304-5470 Fax: 970-304-6452 Emergency Preparedness & Response Te le : 970-304-6470 Fax: 970 304-6452 Public Health WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 1 7th Avenue, Greeley, CO 80631 www.weldhealth.org Based on the items outlined above, the facility is found to be in violations with the associated USR's Please respond to the above issues no later than June 10, 2022, with current site conditions and actions taken by the facility to comply with the associated USR's If you have any questions regarding this inspection, please contact me via phone at 970-400- 2227 or via c -mail at rfernandezgweldgov.com. Sincerely, P-inxartdej Ryan Fernandez Environmental Health Specialist 1 Environmental Health Services Weld County Department of Public Health and Environment cc: Doug Ikenberry, CDPHE Andy Todd, CDPHE Ben Frissell, WCDPHE Brian Dodck, WM Health Administration Vital Records Icic: 9/0 304 6410 Fax: Y/0-301-6412 Public Health & Clinical Services Icic: 9!0 304 6420 Fax: S./0-30,1-6416 Environmental Health Services Tele:970-304-6415 Fua.: : 970-304-6411 Communication, Education & Planning Tele: 970-.304-5470 Fax: 970-304-6452 Emergency Preparedness & Response Tele:970-304-6470 Fax: 970 304-6452 Public Health RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0065, FOR A SOLID WASTE DISPOSAL SITE AND FACILITIES, PURSUANT TO COLORADO STATE STATUTE AND AS DEFINED AND REGULATED BY COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND CONTINUED USE OF EXISTING FACILITIES: SITE ACCESS, SHOP, OFFICE, SCALE, SCALE HOUSE, FLARE, AND SOLID WASTE MANAGEMENT OF RECYCLABLE COMMODITIES, ET CETERA, ASSOCIATED WITH USR-895, IN THE A (AGRICULTURAL) ZONE DISTRICT - WASTE MANAGEMENT DISPOSAL SERVICES OF 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 18th day of September, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Waste Management Disposal Services of Colorado, Inc., 40000 CR 25, Ault, Colorado 80610, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the E1/2 of Section 7 and Lot B of Recorded Exemption, RECX17-0150; being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 - The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. C..C' PL(""O/TP), Pc.v( H BI T::1'), E.H(LL), CO..C S C ), 0-,f>p L 10(09( 19 2019-4012 PL2705 SPECIAL REVIEW PERMIT (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE2 1) Section 22-4-120.A (F.Goal 1) siaies: "All final disposal facilities in the County will locate, develop and operate in a manner that minimizes interference with other agricultural uses, rural settlement patterns and existing residential communities." The proposed facility expansion is located in a rural area of unincorporated Weld County. The surrounding properties are primarily zoned Agricultural and used for crop production, wish the exception of the Pierce Lateral irrigation canal located immediately io the east. The Town of Severance's Belmont Farms residential subdivision is located across State Highway 14 to the southwest, and the Waste Management of Northern Colorado commercial trucking facility (USR-1527) is located immediately northwest of the proposed expansion site. Several feedlots and dairy operations are located within two (2) miles of the facility, but all are topographically down slope from the site. 2) Section 22-4-120.A.2 (F.Policy 1.2) states: "Final disposal facilities should demonstrate compatibility with existing and future land uses (identified at the time of any land use application) in terms of items, including but not limited to visual impact, pollution prevention, pollution control, traffic, dust, noise, land use scale and density, infrastructure, topographic form geology, operating plans, closure and reclamation plans and buffer zones. Land use incompatibilities may require additional mitigation if it is determined that the final disposal facility site is causing negative environmental impacts." Waste Management Disposal Services of Colorado, dba North Weld Landfill, owns approximately 490 acres associated with the landfill. The development of Unit 2 expansion at the facility will minimize additional interference and/or impacts to County agricultural uses by avoiding the land use change of additional agricultural properties within the County for waste disposal purposes. Waste Management is mindful of potential impacts of the continued operation of the North Weld site to its neighboring properties. The lands adjacent to the proposed Unit 2 development are primarily cropland. The closest residential properties are located approximately 0.3 miles to the east and 0.6 miles to the southwest and west of the proposed Unii 2 development footprint. Potential visual impacts are expected to be minimal due to the development of Unit 2 being screened from public view along the State Highway 14 corridor by the existing Unit 1 landform. Additionally, the closure design for the North Weld Landfill site ensures that the facility will be left in a condition of good aesthetic appearance with consistent grading to blend with the surrounding topography and without visible differentiation between Unii 1 and the expansion area of Unit 2. Following the pre -application review meeting for this USR application, Waste Management 2019-4012 PL2705 SPECIAL REVIEW PERMIT (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE3 the expansion area of Unit 2. Following the pre -application review meeting for this USR application, Waste Management corresponded with the Town of Severance and mei with the Town of Ault regarding potential parcel annexation; however, no interest in annexation or concerns were expressed by either municipality. The proposed facility is located within the three (3) mile referral area for the Towns of Ault and Severance, neither municipality returned a referral response. Colorado Parks and Wildlife and the Division of Water Resources did not return a referral indicating a conflict with their interests. 3) Section 22-4-120.A.3 (F.Policy 1.3) stales: "Require appropriate infrastructure, which provides adequate access to final disposal facilities, for approval of any applicable land use application." The Colorado Department of Transportation (COOT) reviewed the proposed application and, in a referral received October 25, 2018, staled "COOT has no comment." The Weld County Department of Public Works, in an email to the applicant dated November 6, 2018, staled, "After reviewing the USR application for USR18-0065, Public Works has some concerns about the access to the site, the submitted Traffic Impact Study and the intersection of County Road 25 and Highway 14. We would like to meet prior to the hearings for the case so that we can discuss these concerns." The Department of Public Works returned a referral, dated April 30, 2019, and indicated that they reviewed the application materials related to access. There is an existing access on County Road (CR) 25 located approximately 245 feet north of Slate Highway 14. The access to be used for this USR is utilized by USR-895. The access does not enter onto CR 25 at an 80 l0 100 degree angle. The access is shown on USR-895 meeting the road al an angle. The applicant has agreed to make the outbound lane of the access meet the road perpendicularly to allow trucks to enter CR 25 safely. The applicant has submitted a Traffic Impact Study, dated November of 2016, indicating that the site produces approximately 950 vehicle trips a day with approximately 80% of this traffic being truck traffic. The peak hour for trips summarized in the Traffic Impact Study and following memos indicate that the triggers are exceeded for a northbound, right-hand auxiliary lane on CR 25 into the site, as well as southbound, left -and -right hand auxiliary lanes on CR 25 at Slate Highway 14. There are existing auxiliary lanes on Stale Highway 14 from USR-895. 4) Section 22-4-120.A.4 (F.Policy 1.4) states: "Applications submitted for final disposal facilities should be evaluated by the Department of Public Health and Environment for compliance with federal, state and County statutes, regulations and ordinances. Applicants should demonstrate adequacy of access roads, grades, leachate and 2019-4012 PL2705 SPECIAL REVIEW PERMIT (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE4 drainage controls, liners, fencing, site improvements, reclamation plans, general operations, service area, permitted capacity or air space, buffer zones and other applicable elements of land use." In the referral dated October 30, 2018, Ben Frissell, Department of Public Health and Environment stated he had reviewed the proposal. The site will utilize the existing buildings associated with Unit One (USR-895) for this permit, USR18-0065. This includes an office, shop and scale house. There will be up io 34 persons that utilize the site. Water is provided by the North Weld County Water District. Sewer is provided through three (3) existing septic systems, which service the existing buildings. If an additional scale house is needed, a new septic system may be required. The site will continue to offer recycling services including, but not limited to: glass, newspaper, metal cans, plastic bottles, cardboard, appliances and electronic wastes (e -wastes). However, appliances and a -waste will be segregated from other recycling areas to help ensure proper disposal and management. An Engineering Design and Operations Plan (EDOP) was submitted to the Colorado Department of Public Health and Environment (CDPHE) for a technical review. In a letter dated June 26, 2018, the CDPHE determined that Unit 2 could comply with the Regulations Pertaining to Solid Waste Site and Facilities based on the revised EDOP (Revision 1). This approval was contingent on specific conditions being incorporated into the Certificate of Designation. The applicant submitted a Drainage Report, Traffic Impact Study, Waste Handling Plan, and Dust Abatement Plan as part of the EDOP. A Flood Hazard Development Permit and a Geologic Hazard Development Permit were not required for this property. Leachate generated at the proposed facility is removed from leachate collection sumps (both temporary and permanent) on an as -needed basis, with the typical Ieachate management strategy to apply the Ieachate within the constructed waste disposal limits (i.e., within lined areas of the landfill) to manage fugitive dust. The development of Unit 2 expansion at North Weld will be regulated under Sections 2 and 3 of the Colorado Department of Public Health and Environment "Regulations Pertaining io Solid Waste Sites and Facilities," 6 CCR 1007-2, Part 1, as amended November 17, 2015 (adopted dale of Regulations). The CDPHE permitting process for solid waste disposal facilities requires the development and approval of a detailed EDOP that summarizes the engineering design and specifies operational requirements for the facility. Additionally, North Weld Landfill regularly monitors site groundwater and landfill gas concentrations at the properly boundary in accordance with CDPHE approved monitoring plans. The application has been reviewed and conditionally approved by both the CDPHE and Weld County Department of Public Health and Environment. 2019-4012 PL2705 SPECIAL REVIEW PERMIT (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGES resource recovery and recycling programs have been adequately studied as an alternative or component." North Weld Landfill fulfills a critical component of northern Weld County's solid waste management needs by providing a dedicated, secure, and environmentally protective regional disposal facility for household, municipal, commercial, and industrial solid wastes while ensuring the long-term protection of public health and the environment. 6) Section 22-4-100.B (TPD.Goal 2) slates: "All facilities in the County which handle, collect, or process waste should maintain an active role in solid waste management resource recovery of such waste." 7) Section 22-2-20.D (A.Goal 4) states: "Promote a quality environment which is free of derelict vehicles, refuse, litter, and other unsightly materials." Waste Management is committed to extending the life of the North Weld Landfill facility as long as possible by recycling, proper separation of materials, and effective compaction of waste. Recycling bins are present for glass, newspaper, metal cans, plastic bottles, cardboard; appliances and electronic waste (e -waste) are segregated from the waste stream for recycling. B. Section 23-2-230.B.2 - The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-40.1 and Section 23-4-380.B of the Weld County Code provide for Solid Waste Disposal Sites and Facilities. Waste Management Disposal Services of Colorado, Inc. dba North Weld Landfill, has provided evidence of a need for this type of project in Weld County and in the A (Agricultural) Zone District. C. Section 23-2-230.B.3 - The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are primarily zoned A (Agricultural) and are used for crop production, except for the Pierce Lateral agricultural canal located immediately to the east and the Waste Management of Northern Colorado commercial trucking facility (USR-1527) located immediately northwest of the North Weld Landfill site. Several feedlots and dairy operations are located within two (2) miles of the facility, but all are topographically down slope to the site. There are also residences in the area: The Belmont Farms Subdivision is located to the southwest of the North Weld Landfill site, in the southwest corner of the intersection of State Highway 14 and CR 25. The Unit 2 waste disposal footprint will be located more than 0.6 miles from the nearest residential structure within the Belmont Farms subdivision. There are also five (5) residences located outside of the subdivision with one (1) residential structure located approximately 0.6 miles to the west-southwest, north of State Highway 14; a second residential structure is located 2019-4012 PL2705 SPECIAL REVIEW PERMIT (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE6 residential structure located approximately 0.6 miles to the west-southwest, north of Stale Highway 14; a second residential structure is located approximately one (1) mile io the north, east of CR 25; a third residential structure is located approximately 0.7 miles to the east -northwest, east of CR 27; a fourth residential structure is located approximately 0.3 miles to the east, west of CR 27; and a fifth residential structure is located approximately 0.6 miles to the southeast, north of State Highway 14. Ai the time of application, there were no other residences in close proximity. During the referral period, two (2) community meetings were held in 2017 and 2018, and included informational presentations and facility tour. The Department of Planning Services received no correspondence, telephone calls, or emails from surrounding property owners or interested persons regarding this application D. Section 23-2-230.B.4 - The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code, and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Towns of Aull and Severance. Planning Services did not receive a referral or any correspondence from either municipality regarding this application. The Town of Ault's Future Land Use Map and Future Planning Area, as delineated in the 2008 Comprehensive Plan, designates the proposed facility outside of the Future Planning Area for the Town. The Town of Severance Future Land Use Map, as delineated in the 2011 Comprehensive Plan, designates the proposed facility as within the Growth Management Area in an area designated as Rural Residential for the properly located in the west half of the Section with lands located in the east half of the same Section located outside of Town's Management Area. As a Condition of Approval, the Department of Planning Services is requiring the applicant to develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District prior to the commencement of operations. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. The applicant shall submit evidence of acceptance to the Department of Planning Services. The Department of Public Works will require an Improvements Agreement and Road Maintenance Agreement for this site. Road maintenance, including dust control, damage repair, and triggers for improvements, will be included. Development Standards also address health and safety issues, including that the facility shall be operated in a manner which protects against surface and groundwater contamination and the facility is required to operate in accordance wish the approved EDOP. E. Section 23-2-230.B.5 - The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The proposed expansion area 2019-4012 PL2705 SPECIAL REVIEW PERMIT (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE7 issued on the lots will be required to adhere to the fee structure of the County -wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 - The applicant has demonstrated a diligent effort io conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on a parcel approximately 287 acres in area and within this parcel a 155 -acre area will be utilized for the North Weld Landfill, Unit 2 expansion facility. The soil type is "Prime if They Become Irrigated," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There is no irrigation water associated with the proposed facility, therefore, no Prime irrigated farmland is taken out of production. G. Section 23-2-230. B.7 - The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Waste Management Disposal Services of Colorado, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, el cetera, associated with USR-895, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject io the following conditions: 1. Prior to recording the map: A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. B. An accepted Final Drainage Report and Certificate of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. C. The map shall be amended io delineate the following: 1) All sheets of the map shall be labeled USR18-0065. 2) The attached Development Standards. 2019-4012 PL2705 SPECIAL REVIEW PERMIT (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE8 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 5) The lighting shall be shown on the map in accordance with Section 23-3-360.F of the Weld County Code. 6) County Road 25 is a paved road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 7) County Road 84 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 8) The applicant shall show and label the approved access location, approved access width and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain an Access Permit in the approved location prior to construction. 9) The applicant shall show and label the approved tracking control on the site plan. 10) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 11) The applicant shall show and label the accepted permanent drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Retention, No -Build or Storage Area" and shall include the calculated volume. 2019-4012 PL2705 SPECIAL REVIEW PERMIT (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE9 12) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 5. Prior to the acceptance of waste: A. The facility shall submit evidence to the Weld County Department of Public Health and Environment, that financial assurance has been obtained in accordance with CDPHE regulations pertaining to solid waste sites and facilities. B. The applicant shall develop an Emergency Action and Safely Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. 6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready io be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2019-4012 PL2705 SPECIAL REVIEW PERMIT {USR18-0065} - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE10 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of September, A.O., 2019. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COL RADO ATTEST: C..vp w xid,,4 Weld County Clerk to the Board BY: 7)27.2L,, Al ,4 - Deputy Clerk to the Board VED AS T ./.--e_ a�rbar�a�Kirkmey ! 1,2 r hair I Mice Fre.empaRro-Tern • • • C. Conway K. James r I /� � omeyl //J�(— 7ri°� ' i �r 0.r(te 1V YK/ Sieve Moreno Date of signature: 011 031 '{ 2019-4012 PL2705 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. USR18-0065 1. The Site Specific Development Plan and Use By Special Review Permit, USR18-0065, is for a Solid Waste Disposal Site and Facilities, pursuant to Colorado Stale Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are from 5:00 a.m. lo 9:00 p.m., Monday through Saturday, and vary seasonally. The facility also periodically operates on Sundays, as needed, to accommodate operational needs and may be extended to accommodate increased residential and commercial waste volume, clean-up projects, special waste contracts, disaster emergencies, or other operational variables. 4. Total number of employees and outsourced laborers will not exceed thirty-four (34) persons, as staled in the application. 5. The parking area for the vendors, customers and/or employees on the site shall be maintained. 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-0 and 23-E of the Weld County Code. 7. The fencing onsite shall be maintained. 8. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. 10. The facility shall operate in accordance with the approved Engineering Design and Operations Plan (EDOP). Modifications to the Engineering Design and Operations Plan may be required due to deviations from the approved use at the facility and/or regulatory changes. If such changes occur, approval of the modification will be required from the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment and Weld County Staff. If there are substantial 2019-4012 PL2705 DEVELOPMENT STANDARDS (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 2 Public Health and Environment and Weld County Staff. If there are substantial modifications, as determined by the Director of Planning Services, approval of the Weld County Board of Commissioners is required. 11. Operations will not extend past Certificate of Designation boundaries of the property. 12. The facility shall adhere io the conditions incorporated into the Certificate of Designation. 13. The facility shall receive and manage only those materials that are described in the approved EDOP and materials approved in accordance with the Waste Identification Plan included in the EDOP. WCDPHE, and CDPHE shall be notified, in writing, of any additional materials proposed for disposal. Written approval from both CDPHE and WCDPHE to proceed with disposal shall be obtained prior to acceptance. 14. The facility shall maintain current recycling operations until such lime when an item is unrecyclable and requires disposal. 15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored for final disposal in a manner that protects against surface and groundwater contamination. 16. The facility shall comply with the approved Groundwater Monitoring Plan. All Groundwater Monitoring Reports shall be submitted io the WCDPHE. 17. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code and with the approved EDOP. 18. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations. 19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 20. All potentially hazardous chemicals onsite must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 21. Secondary containment shall be constructed around petroleum storage tanks io provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with applicable Federal and Slate Underground and Above Ground Storage Tank Regulations. 2019-4012 PL2705 DEVELOPMENT STANDARDS (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 3 22. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. 23. The facility shall be constructed and operated lo ensure that contamination of soil and groundwater does not occur. 24. Analytical waste data and environmental monitoring data shall be made available lo the Weld County Department of Health and Environment upon request. The Weld County Department of Health and Environment reserves the right to require additional monitoring. 25. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. Spills will be reported to local, state and federal agencies in accordance with all state and federal regulations. 26. All stormwaier, which has come into contact with waste materials on the site, shall be confined on the site. The facility shall comply with the Stormwater Plan incorporated in the approved EDOP. 27. The applicant shall obtain a Colorado Discharge Permit System (COPS) from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. 28. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone, as set forth in C.R.S. §25-12-103. 29. Portable toilets and bottled water are acceptable to provide drinking and sanitary services to contractors and to the working face of the landfill facility. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers and screened from adjacent public roads. 30. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -Site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 31. The facility shall notify the County of any revocation and/or suspension of any State -issued permit. 32. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State -issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. 33. The operation shall comply with all applicable rules and regulations of stale and federal agencies and the Weld County Code. 2019-4012 PL2705 DEVELOPMENT STANDARDS (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 4 34. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 35. The access on the site shall be maintained to mitigate any impacts to the county roads, including damages and/or off -site tracking. 36. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 37. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 38. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 39. The Improvements Agreement for this site may be reviewed on an annual basis, including possible updates. 40. The flow patterns and runoff amount on the site will be maintained in accordance with the approved Drainage Report. 41. Weld County is not responsible for the maintenance of on -site drainage related features. 42. The operation shall remove, handle, and stockpile overburden and soil from the facility area in a manner that prevents nuisance conditions. 43. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. 44. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 45. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the properly at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 46. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the 2019-4012 PL2705 DEVELOPMENT STANDARDS (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 5 approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitied. Any ocher changes shall be filed in the office of the Department of Planning Services. 47. The properly owner or operator shall be responsible for complying with all the foregoing Development Standards. Noncompliance wish any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 48. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the moss abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34, of the Colorado Revised Statuses, minerals are vital resources because (a) the slate's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according lo a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread ihroughoui the County and persons moving into these areas must recognize the various impacts associated wish this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 49. The Weld County Right lo Farm Statement, as it appears in Section 22-2-201.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-4012 PL2705 Hello