HomeMy WebLinkAbout20194030.tiffHEARING CERTIFICATION
DOCKET NO. 2019-120
RE: A 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 OBTAIN
A CERTIFICATE OF DESIGNATION, PURSUANT TO C.R.S. §30-20-104, 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.
A public hearing was conducted on September 18, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 16, 2019, and duly published
August 21, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
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 obtain a Certificate of Designation, pursuant to
C.R.S. §30-20-104, 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. Bob Choate, Assistant County Attorney, made this
a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
and stated the site is within the three (3) mile referral areas of the Towns of Ault and Severance,
neither of which responded with referral comments. He displayed and reviewed the Future Land
Use maps and Future Planning Areas of the Towns of Ault and Severance, described surrounding
uses and indicated the Department of Planning Staff had received no correspondence regarding
the application. He stated the proposed site will be referred to as Unit 2, which will be adjacent to
the existing Unit 1 (USR-895), and no additional structures, sanitary systems or lighting is
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proposed. He displayed an image of the site plan, described existing screening, and referenced
Certificate of Designation Permit, CD18-0003, which was submitted in conjunction with the
application. He described the reclamation plan and post closure care plan and mentioned 16
referrals were sent out and three (3) agencies responded. He entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed images
of the site and surrounding views.
le Hayley Balzano, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, and stated the site will use the same access as USR-895,
on County Road (CR) 25. She provided daily roundtrip counts and average speeds, referenced a
traffic memorandum and the Traffic Impact Study (TIS), and stated PW is requesting an
Improvements and Road Maintenance Agreement. She presented the drainage and grading
requirements, and in response to Commissioner Freeman, she repeated the daily roundtrip count
for CR 25. In response to Chair Kirkmeyer, she repeated the number of vehicles at the access
entrance, based on information in the TIS, and clarified the turning lanes into the site.
• Lauren Light, Weld County Department of Public Health and Environment (WCDPHE),
reviewed the water and sewer provisions, stated the site will utilize the existing buildings
associated with the current landfill, and noted water will be provided by the North Weld County
Water District (NWCWD). She indicated there are three (3) existing septic systems, noted an
Engineer Design and Operations Plan was submitted to the Colorado Department of Public Health
and Environment (CDPHE), and indicated Development Standards (DS) #10-35 address
Environmental Health (EH) items.
• Mr. Choate clarified the Board is considering both the USR and the Certificate of Designation
(CD) based on the evidence presented but conveyed the Board will make a separate motion for
each. In response to Chair Kirkmeyer, Ms. Light clarified the site will comply with the CDPHE
regulations once built.
• Bill Hedberg, Senior District Manager for Waste Management Disposal Services of
Colorado, Inc., introduced the team of people present at the hearing. He provided a PowerPoint
presentation (Exhibit E) and discussed Waste Management's history, explained the site map and
outlined details of Unit 2 including the acreage, the years of solid waste storage the expansion
will provide, and the project timeline. In response to Chair Kirkmeyer, Ms. Light confirmed the
CDPHE and the WCDPHE did review the site characterization and recommended approval.
• No public testimony was offered concerning this matter.
• Chair Kirkmeyer reiterated the CDPHE's recommendation, and in response to
Chair Kirkmeyer, Ms. Balzano confirmed the Improvements and Road Maintenance Agreement
includes the north and south -bound lanes, and other recommendations regarding the amount of
traffic and conditions of the roadway. In response to Chair Kirkmeyer, Mr. Ogle confirmed the DS
are the same as required for Unit 1, with the addition of DS #8 (Emergency Action and Safety
Plan). Chair Kirkmeyer suggested adding "disaster emergencies" to DS #3 (hours of operation),
deleting the first two (2) sentences of DS #4 (number of on -site employees), and after discussion
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regarding DS #10 (modifications to the Engineering Design and Operations Plan), she suggested
adding language to clarify what can be approved administratively by Staff and what requires
Board approval. Chair Kirkmeyer suggested changing "should" to "shall" in DS #18 (fugitive dust),
deleting "or" and "permit' from DS #28 (obtain a Colorado Discharge Permit System), as they are
duplicative, and changing "public" to "county' in DS #37 (maintenance of access). The Board
agreed to all of the aforementioned changes.
In response to Chair Kirkmeyer, Mr. Hedberg indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
IR Chair Kirkmeyer expressed appreciation for Waste Management being a community partner.
• No public testimony was offered with regard to the changes made to the Conditions of
Approval and Development Standards.
• Commissioner Moreno moved to approve the request 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, et cetera, associated with USR-895, in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards, as amended. The
motion was seconded by Commissioner Conway. Commissioner Freeman commended the
applicant for their management of the facility, Commissioner Conway and Commissioner Moreno
echoed the comments of Commissioner Freeman and Chair Kirkmeyer, and the motion carried
unanimously.
• Mr. Choate reiterated the hearing was for both the USR and the CD and a separate motion
needed to be made. With regard to the CD, Chair Kirkmeyer suggested adding language to
Findings #1 (convenience and accessibility of the site), and #2 (applicant's ability to comply with
health standards and operating procedures).
El Commissioner James moved to approve the request of Waste Management Disposal
Services of Colorado, Inc., to obtain a Certificate of Designation, pursuant to C.R.S. §30-20-104,
including the Findings cited by Chair Kirkmeyer. The motion was seconded by Commissioner
Conway and carried unanimously. There being no further discussion, the hearing was completed
at 4:30 p.m.
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This Certification was approved on the 23rd day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL..0RADO
ATTEST:j� �• `� -Ok
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
arbara Kirkmeyer, chair
Mike Freeman, Pro-Tem
Sean P/ onway
Scot ames
Steve Moreno
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