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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: September 3, 2019
USR18-0065
Waste Management Disposal Services of Colorado, Inc.
do William J. Hedberg, Senior District Manager
40000 County Road 25, Ault CO 80610
A Site Specific Development Plan and Use by Special Review Permit 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 obtain a
Certificate of Designation, pursuant to Section 30-20-104 C.R.S., 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
Lot B of Recorded Exemption RECX17-0150 being a part of the NW4 and part of the
Description: E2 all in Section 7, T7N, R66W of the 6th P.M., Weld County, CO
Location: Located approximately 0.5 miles north of State Highway 14; east of and adjacent to
County Road 25; south of and adjacent to County Road 84
Size of Parcel: +1- 287.25 acres Parcel No's. 0707-07-0-00-009
0707-07-0-00-045
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Colorado Department of Public Health and Environment, referral dated June 25, 2018
Weld County Department of Public Health & Environment, referral dated November 1, 2018
Weld County Department of Public Works, referral dated April 30, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated October 5, 2018
Weld County Sheriffs Office, referral dated October 15, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
Page 1 of 17
Colorado Division of Water Resources
West Greeley Conservation District
Weld County Department of Building
Inspection
Colorado Parks and Wildlife
Town of Ault
Town of Severance
Windsor -Severance Fire & Rescue
Ault Fire Protection District
Weld County Schools RE -9 Weld County Water District
Pierce Lateral Ditch Company
USR18-{ 005
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle Hearing Date: September 3, 2019
USR18-0065
Waste Management Disposal Services of Colorado, Inc.
do William J. Hedberg, Senior District Manager
40000 County Road 25, Ault CO 80610
A Site Specific Development Plan and Use by Special Review Permit 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 obtain a
Certificate of Designation, pursuant to Section 30-20-104 C.R.S., 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
Lot B of Recorded Exemption RECX17-0150 being a part of the NW4 and part of the
E2 all in Section 7, T7N, R66W of the 6th P.M., Weld County, CO
Located approximately 0.5 miles north of State Highway 14; east of and adjacent to
County Road 25; south of and adjacent to County Road 84
+/- 287.25 acres Parcel No's. 0707-07-0-00-009
0707-07-0-00-045
North Weld Landfill is owned and operated by Waste Management Disposal Services of Colorado, Inc..
Waste Services Corporation (later merged with Waste Management, Inc.) received a Certificate of
Designation (CD) from the Weld County Board of County Commissioners on June 27, 1990, authorizing
the development of the first four phases of North Weld Landfill which provide approximately 122 acres of
waste disposal area. A USR permit (USR-895) for solid waste disposal within Unit 1 was adopted by the
Weld County Board of County Commissioners on November 14,1990.
North Weld Landfill located at 40000 Weld County Road 25 near the intersection of Weld County Road 25
and Colorado State Highway 14 within unincorporated Weld County has served the Northern Front
Range Service Area which includes the cities, towns, and surrounding rural communities of Central
and Northern Weld and Eastern Larimer Counties in Colorado and Southern Laramie County in
Wyoming, since 1992. The remaining permitted disposal capacity in Unit 1 is projected to be
consumed by 2021. Further development of the North Weld Landfill site is necessary to continue to
meet the solid waste disposal needs of the Northern Front Range Service Area that are currently
met by the facility.
Waste Management Disposal Services of Colorado, Inc. is proposing to further develop the North Weld
Landfill site by adding an additional 155 acres of waste disposal area, hereinafter referred to as Unit 2.
The Unit 2 waste disposal footprint will be contiguous to the north of the existing Unit 1 waste disposal
footprint and will piggyback over the existing northern side slope of the Unit 1 waste disposal area. The
waste disposal footprint of Unit 2 maintains the minimum offset of 175 feet from the property boundary.
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
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The development of Unit 2 at the North Weld Landfill site will allow for existing site facilities and
infrastructure to remain and continue to support the operation of the facility. No additional structures,
sanitary systems, or lighting is anticipated as part of the Unit 2 development unless additional off -site or
on -site infrastructure is necessary to meet future site needs. Waste Management Disposal Services of
Colorado, Inc. will continue to own and maintain approximately 185 acres of adjacent buffer property
surrounding the Unit 1 and Unit 2 waste disposal areas.
The Unit 2 waste disposal area will be designed, constructed, and maintained with engineered containment
systems that meet current Colorado Department of Public Health and Environment. Regulations,
including the enhanced composite liner system to include two -feet of compacted fill and a 60 -mil HDPE
geo-membrane liner system previously approved by Colorado Department of Public Health and
Environment and Weld County Department of Public Health and Environment.
Unit 2 will consist of two primary waste disposal phases; these phases will be further subdivided into
modules to limit the area of exposed liner and active waste disposal area open at one time. Module
development is expected to proceed from west to east with temporary leachate collection sumps
constructed at the downgradient (i.e., east) end of modules until ultimate build -out of each phase when
permanent leachate collection sumps will be constructed along the eastern boundary of each phase
A six foot weld -wire fence or equivalent fence type with outrigger is planned to be constructed around the
perimeter of the site. There will be a swing gate at the entrance into the facility that will be closed
and locked when the facility is closed. While employees are at the facility and able to accept waste,
the gate will be left open. North Weld Landfill is developing the Facility Emergency Action Plan with Weld
County and will work with the fire district to make sure they have access into the facility 24 hours a
day to be able to respond to an after -hour emergency, if necessary.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 28-2-200 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-4-120.A F.Goal 1. states "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 are used for crop production, with the
exception of the Pierce Lateral irrigation canal located immediately to the east, the Town of
Severance Belmont Farms residential subdivision located across Colorado State Highway 14 to
the southwest, and the Waste Management of Northern Colorado commercial trucking facility
(USR-1527) located immediately northwest of the proposed expansion site. A number of feedlots
and dairy operations are located within two miles of the facility, but all are topographically down
slope to the site.
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
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
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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."
North Weld Landfill owns a total of 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 Unit 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 Colorado State Highway 14 corridor by the existing Unit 1 landform. Additionally, the closure
design for 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 Unit 1 and 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 met 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-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.
Section 22-4-120.A..3 F.Policy 1.3 states "Require appropriate infrastructure, which provides
adequate access to final disposal facilities, for approval of any applicable land use application."
The Colorado Department of Transportation reviewed the proposed application and in a referral
received October 25, 2018 stated "+D DOT has no comment." The Weld County Department of
Public Works in an email to the applicant dated November 6, 2018, stated "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 Weld
County Public Works has reviewed the application materials related to access. There is an
existing access on County Road 25 located approx. 245 feet north of Highway 14. The access to
be used for this USR is utilized by USR-895. The access does not enter onto County Road 25 at
an 80- to 100- degree angle. The access is shown on USR-895 meeting the road at an angle.
The applicant has agreed to make the outbound lane of the access meet the road perpendicularly
to allow trucks to enter County Road 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 approx. 80% of this traffic being truck
traffic. The peak hour trips summarized in the TIS and following memos indicate that the triggers
are exceeded for a northbound right hand auxiliary lane on County Road 25 into the site as well
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
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as southbound left- and right- hand auxiliary lanes on County Road 25 at Highway 14. There are
existing auxiliary lanes on Highway 14 from USR-895.
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 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 a referral dated October 30, 2018 stated "Weld County Environmental Health Services has
reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit
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 obtain a
Certificate of Designation, Pursuant to Section 30-20-104 C.R.S., 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.
The site will utilize the existing buildings associated with Unit One (U R-895) for this permit,
USR18-0065. This includes an office, shop and scale house. There will be up to 34 persons
that utilize the site. Water is proved by North Weld County Water District. Sewer is provided
through three existing septic systems which service the existing buildings. If an additional scale
house is needed a new septic 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 e -waste will be segregated from other recycling areas to help ensure proper
disposal and management.
An Engineering Design and Operations Plan was submitted to the 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, a Traffic Impact Study, a Waste handling Plan, a
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 leachate management strategy to apply the leachate 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 to Solid
Waste Sites and Facilities," 6 CCR 1007-2, Part 1 as amended November 17, 2015 (adopted
date of Regulations). The Colorado Department of Public Health and Environment permitting
process for solid waste disposal facilities requires the development and approval of a detailed
Engineering Design and Operations Plan 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 property boundary in accordance with
Colorado Department of Public Health and Environment approved monitoring plans.
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
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The application has been reviewed and conditionally approved by both the Colorado Department
of Public Health and Environment and Weld County Department of Public Health and
Environment.
Section 22-4-120.A..5 F. Policy 1.5 states " The County may require new final disposal facility
applicants to demonstrate that 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.
Section 22-2-100.B TPD.Goal 2: 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, and 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„ and cardboard, and
appliances and electronic waste (e -waste) are segregated from the waste stream for recycling.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.1 of the Weld County Code provides for Solid Waste Disposal Sites and Facilities
and Section 23-4-380.B, 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 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding properties are primarily zoned agricultural and are used for crop production, with
the exception of 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 NWLF site. A number of feedlots and dairy operations are located
within two 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 NWLF
site, in the southwest corner of the intersection of Colorado State Highway 14 and Weld County
Road 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 residences located outside of the subdivision with one residential
structure located approximately 0.6 miles to the west-southwest of the proposed waste
disposal footprint, north of Colorado State Highway 14; a second residential structure is
located approximately one mile to the north of the proposed waste disposal footprint, east of
Weld County Road 25; a third residential structure is located approximately 0.7 miles to the east -
northwest of the proposed waste disposal footprint, east of Weld County Road 27; a fourth
residential structure is located approximately 0.3 miles to the east of the proposed waste disposal
footprint, west of Weld County Road 27; a fifth residential structure is located approximately OM
miles to the southeast of the proposed waste disposal footprint, north of Colorado State
Highway 14. At time of application there were no other residences in close proximity.
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Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
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During the referral period two community meetings were held and included informational
presentations and facility tour, these occurred in 2017 and 2018. . The Department of Planning
Services received no correspondence, telephone calls or emails from surrounding property owners
or interested persons regarding this application
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Towns of Ault 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 property located in the west
one-half of the Section with lands located in the east one-half of the same Section located outside
of Towns 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. 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 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 with the approved
Engineering Design and Operations Plan.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The proposed expansion area associated with this land use application is not located within the
Flood Hazard Geologic Hazard, Airport or MS4 Overlay Districts. The site is within the County-
wide Road Impact Fee Area.
Building Permits 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 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the location al 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.
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Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
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C. Section 23-2-220.A.7 — There are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 health, safety, and welfare of the inhabitants of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of the Weld
County Code. (Department of Planning Services)
S. 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. (Department of Public Works)
C. An accepted Final Drainage Report and Certificate of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Planning
Services - Engineer)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0065. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
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. (Department of Planning
Services)
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 on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of 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.
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North Weld Landfill
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8. 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. Show and label the approved tracking control on the site plan.
10. 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.
12. 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) 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. (Department of Planning Services)
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 added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
5. Prior to the Acceptance of Waste:
A. The facility shall submit evidence to the Weld County Department of Public Health and
Environment, prior to the acceptance of waste, that financial assurance has been obtained in
accordance with CDPHE regulations pertaining to solid waste sites and facilities. (Department of
Public Health and Environment)
B. The applicant shall develop an Emergency Action and Safety 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. (Department of Planning
Services)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
Page 10 of 17
issued on the property, until the Use by Special Review map is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Waste Management Disposal Services of Colorado, Inc.
North Weld County Landfill
USR18-0065
1. A Site Specific Development Plan and Use by Special Review Permit 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 obtain a Certificate of Designation, pursuant to
Section 80-20-104 C.R.S., 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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are from 5:00 a.m. to 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, or other operational variables. .
(Department of Planning Services)
4. The facility currently employs a site manager, operations specialist, two scale attendants, five
equipment operators, two mechanics, a laborer/spotter, a part-time facility engineer, and a part-time
operations manager. Employees will not exceed be twenty (20) persons. Total number of employees
and outsourced laborers will not exceed thirty-four (34) persons as stated in the application
(Department of Planning Services)
5. The parking area for the vendors, customers and/or employees on the site shall be maintained.
(Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The fencing on site shall be maintained. (Department of Planning Services)
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.
(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. (Department of Planning
Services)
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
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
Page 12 of 17
Division of the Colorado Department of Public Health and Environment and Weld County Department
of Public Health and Environment. (Department of Public Health and Environment)
11. Operations will not extend past Certificate of Designation boundaries of the property. (Department of
Public Health and Environment)
12. The facility shall adhere to the conditions incorporated into the Certificate of Designation.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
14. The facility shall maintain current recycling operations until such time when an item is unrecyclable
and requires disposal. (Department of Public Health and Environment)
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
3020-100.5, C.R.S.) shall be stored for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
16. The facility shall comply with the approved Groundwater Monitoring Plan. All Groundwater Monitoring
Reports shall be submitted to the WCDPHE. (Department of Public Health and Environment)
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code and with their approved EDOP. (Department of Public
Health and Environment)
18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
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, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
20. All potentially hazardous chemicals on -site 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. (Department of Public Health and Environment)
21. Secondary containment shall be constructed around petroleum storage tanks to 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 State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
Page 13 of 17
23. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
24. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of Public
Health and Environment)
25. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring. (Department of Public Health and
Environment)
26. 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. (Department of Public Health and Environment)
27. All stormwater, 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.
(Department of Public Health and Environment)
28. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
29. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as set
forth in Section 25-12-103, C.R.S. (Department of Public Health and Environment)
30. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. 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. (Department of Public Health and
Environment)
31. Portable toilets and bottled water are acceptable to provide drinking and sanitary services 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. (Department of
Public Health and Environment)
32. 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. (Department of Public Health and Environment)
33. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
34. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
USR1 s-{005
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
Page 14 of 17
35. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
36. The property owner shall control noxious weeds on the site. (Department of Public Works)
37. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
38.There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
39. 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. (Department of Public Works)
40. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
41. The Improvements Agreement for this site may be reviewed on an annual basis, including possible
updates. (Department of Public Works)
42. The flow patterns and runoff amounts on the site will be maintained in accordance with the approved
Drainage Report. (Department of Public Works)
43. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
44. The operation shall remove, handle, and stockpile overburden and soil from the facility area in a
manner that prevents nuisance conditions. (Department of Planning Services)
45. 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 has been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 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. (Department of Building
Inspection)
46. 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. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
48. 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 approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
Page 15 of 17
49. 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.
50. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state'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 to
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 throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, 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.
51. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
Page 16 of 17
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR18-0065
Waste Management Disposal Services of Colorado, Inc.,
North Weld Landfill
Page 17 of 17
August 01, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
Bill Hedberg
40000 WCR 25
Ault, CO 80610
Subject: USR18-0065 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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 OBTAIN A CERTIFICATE OF DESIGNATION, PURSUANT TO
SECTION 30-20-104 C.R.S., 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 parcel(s) of land described as:
PART OF THE E2 OF SECTION 7 AND LOT B RECX17-0150 BEING PART OF THE NW4 SECTION 7,
T7N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 3, 2019, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
18, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim O
Planner
October 05, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
BILL HEDBERG
40000 WCR 25
AULT, CO 80610
Subject: USR18-0065 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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 OBTAIN A CERTIFICATE OF DESIGNATION, PURSUANT TO
SECTION 30-20-104 C.R.S., 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 parcel(s) of land described as:
LOT B, RECX17-0150 BEING A PART OF THE NW4 SECTION 7, T7N, R66W of the 6th P.M., Weld
County, Colorado.
PART E2 SECTION 7, T7N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Ault at Phone Number 970-834-2844
Severance at Phone Number 970-686-1218
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
FIELD CHECK - Waste Management Disposal Services of Colorado, Inc.
Inspection Date: August 5, 2019
Request: A Site Specific Development Plan and Use by Special Review Permit 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 obtain a certificate of
designation, pursuant to C.R.S. Section 30-20-104 C.R.S., 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
Location: Approximately 0.5 miles north of State Highway 14; east of and adjacent to CR 25; south
of and adjacent to CR 84.
Zoning
Land Use
N
A (Agricultural)
N
Dryland Prairie, no improvements
E
A (Agricultural)
E
Agricultural Production on center pivot
S
A (Agricultural)
S
Agricultural with one rural residence
W
A (Agricultural)
W
Agricultural with one rural residence
The proposed site is located north of the current North Weld Landfill and will utilize the existing access
north of Highway 14 off of County Road 25, a paved local road. County Road 25 is paved for a distance
of one mile where it transitions to an all weather road. The corner of County Road 25 and County Road
84 has the Waste Management Maintenance Facility, located on a Recorded Exemption parcel and
permitted under USR-1527. The property is flanked by an irrigation canal located to the east with all
lands located between this canal and County Rod 27 in agricultural production with irrigation. This year's
crop is corn.
Lands to the north and west are in dryland prairie and may have limited oil and gas development. Lands
to the south are in a rotational crop production cycle and also have limited oil and gas development,
primarily tank batteries and pump jacks.
The property is currently in grasses and is vacant. There is a transmission line bisecting the property
south of County Road 84. A security fence was identified around the existing facility, but no fence
component was identified to the north or east boundaries.
. ,: �«
View East from CR 25 View South
East PIL— Canal
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