HomeMy WebLinkAbout20162197.tiffRESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC16-0004,
CONCERNING MINOR AMENDMENT (MUSR14-0030), AND USE BY SPECIAL
REVIEW PERMIT (USR-1704) - HEARTLAND BIOGAS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 11th day of July, 2016, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Heartland
Biogas, LLC, 15445 Innovation Drive, San Diego, CA 92128, was in compliance with certain
Conditions of Approval and Development Standards contained in A Minor Amendment,
MUSR14-0030, to a Site Specific Development Plan and Use by Special Review Permit,
USR-1704, (solid waste disposal site and facility, including Class I composting, an animal waste
recycling or processing facility (an anaerobic digester -based renewable energy plant (gas)) along
with a concrete batch plant to be used for construction of the facility) for the addition of a Digester
Process System and a 70 -foot flare in the A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as part
of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services, the Board
finds that pursuant to the procedure as set forth in Chapter 2, Administration of, the Weld County
Code there is sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not said Minor Amendment and Use by Special Review Permit should be revoked for failure to
comply with certain Conditions of Approval and Development Standards, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Minor
Amendment, MUSR14-0030, and Use by Special Review Permit, USR-1704, issued to Heartland
Biogas, LLC, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing
shall be September 19, 2016, at or about 10:00 a.m., in the Assembly Room of the Weld County
Administration Building, 1150 O Street, Greeley, Colorado.
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2016-2197
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PROBABLE CAUSE HEARING (PCSC16-0004) - SET SHOW CAUSE - HEARTLAND
BIOGAS, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Development
Standards of MUSR14-0030:
17. The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulation and comply with any permits issued by the Air Pollution Control
Division.
21. In accordance with the Colorado Air Quality Control Commission Regulations
Number 2, odor detected off site shall not exceed the level of seven -to -one (7:1)
dilution threshold.
44. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of July, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: data);ti
Weld County Clerk to the Board
Mike Freeman, Chair
Sean P. Con ay, Pro-Tem
Date of signature: 1l aW &ot
2016-2197
PL2072
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