HomeMy WebLinkAbout20194012.tiffRESOLUTION
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.
CC:?L(DE/PeJIDA/KR), PPL.
4l/23/25
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1
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 used for crop production, with the exception of the Pierce
Lateral irrigation canal located immediately to 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 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
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 Unit 1 and
the expansion area of Unit 2. Following the pre -application review
meeting for this USR application, Waste Management
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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 (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) 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 (CDOT) reviewed the
proposed application and, in a referral received October 25, 2018,
stated "CDOT 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 they reviewed the application materials
related to access. There is an existing access on County
Road (CR) 25 located approximately 245 feet north of State
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 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
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 State Highway 14. There are existing
auxiliary lanes on State 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
drainage controls, liners, fencing, site improvements, reclamation
plans, general operations, service area, permitted capacity or air
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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 to 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 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 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 property 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.
5) Section 22-4-120.A.5 (F.Policy 1.5) states: "The County may
require new final disposal facility applicants to demonstrate that
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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 22-4-100.6 (TPD.Goal 2) states: "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
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approximately one (1) mile to 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. At 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 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 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 with 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
associated with this land use application is not located within the Flood
Hazard Geologic Hazard, Airport or MS4 Overlay Districts. Building Permits
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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 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
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, et cetera, associated with USR-895, in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to 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 to delineate the following:
1) All sheets of the map shall be labeled USR18-0065.
2) The attached Development Standards.
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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.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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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 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.
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 to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daywo ai'•
Weld County Clerk to the Board
BY: / v V l
Deputy Clerk to the Board
VEDAS T
orn/
Date of signature: IO/o3/I0(
arbara Kirkmey-r, hair
M
__LJc
Mike Freeman`Pro-Tem
Conway
K. James
Steve Moreno
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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 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.
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. 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,
disaster emergencies, or other operational variables.
4. Total number of employees and outsourced laborers will not exceed thirty-four (34)
persons, as stated 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-D 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
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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 to 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 time 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 to 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 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.
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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 to ensure that contamination of soil and
groundwater does not occur.
24. Analytical waste data and environmental monitoring data shall be made available to 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 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.
27. The applicant shall obtain a Colorado Discharge Permit System (CDPS) 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 state and federal
agencies and the Weld County Code.
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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 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.
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
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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.
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.
48. 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 persons moving into these areas
must recognize the various impacts associated with 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 to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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