HomeMy WebLinkAbout20152115.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE ECEIVED: 11 /14/14
RECEIPT # /AMOUNT # /$ 3,750.00 CASE # ASSIGNED: USR14-0073
APPLICATION RECEIVED BY PA PLANNER ASSIGNED: DA
Parcel Number 0 8 0 3 _ 3 1 _ 2 _ 0 0 _ 0 0 2
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office. or www.co.weld.co.us)
Legal Description 13830-A PT NE4 36 6 66 & PT NW4 31 6 65 , Section 31 , Township 06 North, Range 65 West
Zone District: AG , Total Acreage: 13. 18 +1- , Flood Plain: Yes , Geological Hazard: No
Airport Overlay District: No
FEE OWNER(S) OF THE PROPERTY:
Name: Bucklen Equipment CO
Work Phone # 970-353-0720 Home Phone # Email
Address: 804 N 25th Avenue
Address:
City/State/Zip Code Greeley, CO 80631
Name: N/A
Work Phone # Home Phone # Email
Address:
Address:
City/State/Zip Code
Name: N/A
Work Phone # Home Phone # Email
Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name: AGPROfessionals (Tim Naylor)
Work Phone # 970-535-9318 Home Phone # Email tnaylor@agpros.com
Address: 3050 67th Avenue, Suite 200
Address:
City/State/Zip Code Greeley, CO 80634
PROPOSED USE:
Bucklen Equipment is requesting a Use by Special Review for the historic use of the property for recycling of aggregate
including concrete, asphalt and fill dirt in the AG zone.
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all
fee owners of Cprdperty must sign this application. If an Authorized Agent signs, a letter of authorization from all
fe owners m 4 $ inclu d with the application. If a corporation is the fee owner, notarized evidence must be
i lud d i 'dic in that t te signatory has t legal a thority to sign for the corporation.
i ' 1fr
Ignatyre. Owrar or uthof zed Agent Date Signature: Owner or Authorized Agent Date
STATEMENT OF AUTHORITY
(Section 38-30-172, C.R.S.)
1 . This Statement of Authority relates to an entity named Bucklen Equipment, Inc.
2. The type of entity is a corporation.
3. The entity is formed under the laws of Colorado.
4. The mailing address for the entity is 804 N. 25th Avenue, Greeley, CO 80631 .
5. The name and position of each person authorized to execute instruments
conveying, encumbering or otherwise affecting title to real property on behalf of the entity is:
Michael Bucklen, President; Randall Bucklen, Vice-President; and Judy May, Secretary.
6. The authority of the foregoing person(s) to bind the entity is not limited.
7. This Statement of Authority is executed on behalf of the entity pursuant to the
provisions of Section 38-30-172, C.R.S.
9. This Statement of Authority amends and supersedes in all respects any prior
Statement of Authority executed on behalf of the entity.
Executed this a9taayof ()Tt -'tA-C't , 2014.
Name: vie "1
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrume wa ackna �v.��c edged before me this a� day of
3 , 2014 by Mn �;�IN .
WITNESS my hand and official seal.
My commission expires: \- - V-r- �9�
k,lov..______ rN
Th
Notary Public '
ROBIN K. VINING
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20024040651
MY COMMISSION EXPIRES DEC 18,2014
IAGPROfessionals
t)i. Vt..i ONE..RS c )i. A(;Rift ' .1 ( IR'
September 5, 2014
To Whom It May Concern:
Bucklen Equipment Company, Inc. is contracted with AGPROfessionals for all
permitting, planning, engineering and regulatory work relating to a Weld County USR
and Site Plan Review. AGPROfessionals is authorized to represent and request the
release of all records necessary on behalf of Bucklen Equipment Company, Inc. We
respectfully request that all correspondence be directed to AGPROfessionals.
Sincerely,
� ?in -2,----aAfi . 1/ 1 51
Randy cklen Date
ENGINEERING , PLANNING, CONSULTING & REAL ESTATE
3050 67th Avenue • Suite 200 • Greeley, CO 80634
970.535.9318 / office • 970.535.9854 / fax • www.agpros.com
AGPROfessionals Project # 1237-01
Bucklen Equipment
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE - REVISED 11 -11 -14
The following questions are to be answered and submitted as part of the USR application. If a question
does not pertain to your use, please respond with "not applicable", with an explanation as to why the
question is not applicable.
1 . Explain, in detail, the proposed use of the property.
Bucklen Equipment Company is requesting a Use by Special Review to maintain the historic use
of the property as recycling of aggregate including asphalt, concrete and fill dirt in the AG zone.
There are fifteen (15) truckloads of concrete/asphalt/dirt brought to the site daily and it is then
crushed/sorted/filtered and placed in piles within the designated boundary as described on the
plat. All stock piles will be placed within the fenced yard as shown on the plat, and will not be
placed at a location or pile height so as to overflow beyond the limits of the fenced yard. The
fence is a minimum of 100' from the Poudre River edge. There will be no signage, parking spaces
or lighting on the site.
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22
(Comprehensive Plan).
This USR application has been prepared utilizing the process outlined in the Weld County Code
and Procedural Guides. The Guiding Principles of the Comprehensive Plan found in Section 22- 1-
120 states, "Land use changes must afford flexibility based on the specific location and the
particular circumstances encountered within the locality. it is also important to weigh the
cumulative impacts that specific land use changes will have. "
This proposal is respectful of surrounding uses.
The application is consistent with Section 22-2-20 G. A. Goal 7. "County land use regulations
should protect the individual property owner's right to request a land use change. 2. A. Policy 7. 2.
Conversion of agricultural land to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such development, and
should attempt to be compatible with the region. "
The site is located off of North 25th Avenue in Greeley, CO to the north of West F Street. The
general area is primarily and historically used for gravel extraction and reclamation associated
with gravel extraction practices associated with the Poudre River Basin. Though a portion of the
subject property is zoned Agriculture, the existing uses are not agriculture in nature.
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23
(Zoning) and the zone district in which it is located.
The proposal is to maintain the historic use as concrete, asphalt and soil recycling in the AG
zone. This proposal is allowed in the Ag Zone as a Use by Special Review as called in Chapter
23, 23-3-40.
23-3-40 S. Miscellaneous:
1. Recycling of aggregate including asphalt, concrete and fill dirt
Bucklen Equipment
Use By Special Review Questionnaire
Page 2 of 3
Adequate provision has been made to protect the health, safety and welfare of the inhabitants of
the neighborhood and the County. Operation Standards as found in Section 23-2-260 of the Weld
County Code were consulted in preparing this application.
4. What types of uses surround the site? Explain how the proposed use is consistent and
compatible with surrounding land uses.
The subject parcel was historically used for gravel extraction and reclamation associated with the
Poudre River Basin. Gravel extraction on the parcel was generally completed by the 1950's,
though associated reclamation activities continued. Shortly after acquiring the parcel in 1977,
Buck/en Equipment Company began using the site for recycling asphalt, concrete, and soil.
Though a portion of the subject property is zoned Agriculture, the existing uses are not agriculture
in nature. The surrounding area uses consist of industrial uses, including gravel extraction
operations, borrow pits and reclamation ponds.
5. Describe, in detail, the following:
a. How many people will use this site?
It is proposed that 1 to 2 full time employees will use this site. There will be no visitors,
vendors or customers that will use the site. Up to fifteen (15) semi-trucks will access the
site for product delivery and removal. The site is accessory to the Bucklen Equipment
site, to the east, where offices, restrooms and employee parking is provided.
b. How many employees are proposed to be employed at this site?
It is proposed that 1 to 2 full time employees will operate this site.
c. What are the hours of operation?
The facility is projected to be operational Monday-Friday. Normal business hours will be
from 7 A.M. to 5 P.M.
d. What type and how many structures will be erected (built) on this site?
No structures will be erected at this site.
e. What type and how many animals, if any, will be on this site?
There will be no animals on this site.
f. What kind (type, size, weight) of vehicles will access this site and how often?
Typical vehicles accessing this site will be semi-trucks and trailers. There will be
approximately 15 loads per day. A soil aggregate sorter and conveyor are
situated on the site.
g. Who will provide fire protection to the site?
Union Colony Fire Rescue Authority.
Bucklen Equipment
Use By Special Review Questionnaire
Page 3 of 3
h. What is the water source on the property? (Both domestic and irrigation)
There will be less than 2 employees ' on-site full time. Bottled water is allowed per
County Code. Irrigation will not be necessary.
i. What is the sewage disposal system on the property? (Existing and proposed).
There will be no more than 2 employees' on-site full time. Portable toilets are allowed per
County Code.
j. If storage or warehousing is proposed, what type of items will be stored?
The site will continue to temporarily store unprocessed and processed concrete, asphalt
and fill did.
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as
a landscape plan map as part of the application submittal.
The site is located in rural Weld County among similar surrounding uses. No additional
landscaping is planned.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs.
Reclamation procedures include compliance with applicable regulations.
8. Explain how the storm water drainage will be handled on the site.
Storm water will flow with the historic grade. Generally from North to South into existing borrow
pits.
9. Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin.
No construction is proposed at this site. The proposal would simply authorize activities that have
occurred at the site for decades.
10. Explain where storage and/or stockpile of wastes will occur on this site.
There will be no storage of wastes on this site. All materials will be in the production stream,
recycled or collected in dumpsters and sent to the landfill. All materials not collected in
dumpsters will be stored appropriately. Any wastes produced from employees will be contained in
a dumpster and hauled off regularly by a sanitation service.
11 . Please list all proposed on-site and off-site improvements associated with the use (example:
landscaping, fencing, drainage, turn lanes, etc.) and a timeline of when you will have each one of
the improvements completed.
There are no on-site or off-site improvements planned for this project. The proposal would simply
authorize activities that have occurred at the site for decades.
AGPROfessionals
�■ I )1:\'I.:I .O1'I..Ks OI: .a( :1I( UI:I't 1t1 :
Bucklen Equipment Use by Special Review
Recycling Exemption
Bucklen Equipment Company has historically conducted, and will continue to conduct,
its asphalt, concrete, and soil recycling operations at this site pursuant to 6 CCR 1007-2, Section
8.5(B) and (C). As such, the Company's operations are exempt from the requirements of 6 CCR
1007-2, Section 8.5, including facility registration. To maintain the exemption, Bucklen
Equipment Company will:
1 . Manage and separate concrete and asphalt into commodity specific piles
processed for reuse;
2. Manage the asphalt and concrete in active piles separated by material type or use
within the previous year; and
3 . Separate all non-asphalt, non-concrete, and non-rebar material from the asphalt
and concrete within 30 calendar days of receipt and ensure that all non-asphalt, non-
concrete, and non-rebar material on-site does not exceed 10% of the total material on-site
by weight or volume.
Bucklen Equipment Company will sell the processed materials as market conditions allow, and
will periodically sell accumulated rebar to a scrap yard.
As acknowledged by the regulations, loads of asphalt and concrete (as well as soil) often
contain minor amounts of unwanted debris, such as trash, lumber, or plastic pipes or lines. These
unwanted materials increase handling costs for the asphalt, concrete, and soil that the Company
processes. To minimize receipt of these unwanted materials, Bucklen Equipment Company has
implemented or is implementing the following measures:
1 . Accept "clean" (i.e. , those containing only minimal debris) loads of asphalt,
concrete, and soil at no cost.
2. Have customers certify their loads as "clean" and require prompt retrieval by
customers of loads containing excessive debris.
3. Terminate business relationships with repeat offenders.
4. Educate customers on charges and policies.
Bucklen Equipment Company will accumulate separated debris that it cannot process and
periodically dispose of it in an appropriate off-site facility, such as Waste Management, 40950
County Road 25, Ault, Colorado 80610, (970) 674-2500.
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
3050 67th Avenue • Suite 200 • Greeley, CO 80634
970.535.9318 / office • 970.535.9854 / fax • www.agpros.com
40p� C00 4iA Weld County Public Works Dept.
t -4 1111H Street ACCESS PERMIT
0 P.O. Box 758
t 0:‘ ' Q
k Greeley, CO 80632 2APPLICATI0N FORM
Ki„,
‘ /C WD Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner (If different than Applicant)
Name Tim Naylor Name Bucklen Equipment CO
Company AGPROfessionals Address 804 N 25th Avenue
Address 3050 67th Avenue , Suite 200 City Greeley State CO Zip 80631
City Greeley State CO Zip 80634 Phone 970-353-0720
Business Phone 970-535-9318 Fax
Fax 970-535-9854 E-mail
E-mail tnaylor@agpros.com
♦ = Existing Access a= Proposed Access
Parcel Location & Sketch
The access is on WCR N 25th Avenue
N 25th Ave W F Street ______6
Nearest Intersection:WCR&WCR WCR
Distance from Intersection
624 .84 ft +/-
Parcel Number 080331200002
Section/Township/Range 31 / 06 / 65 t v
Is there an existing access to the property . ° YES NO O
N 3
lii
Number of Existing Accesses 1 L_
Road Surface Type & Construction Information
Asphalt X Gravel I l Treated n Other \Ai,
Culvert Size & Type
Materials used to construct Access
Construction Start Date Finish Date
Proposed Use
❑Temporary (Tracking Pad Required)/ $75 ❑Single Residential/$75 ❑ Industrial/$150
❑Small Commercial or Oil & Gas/$75 ❑ Large Commercial/$ 150 ❑ Subdivision/$ 150
Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? Ill No JXUSR ll RE IIIPUD IlOther
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with, all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding facilities struction.
Signature Printed Name l`allo ? f,
d(/ Date /3/4////-1
Approv,a or Denial will be issued in m_j imum of 5 days. Approved by
Revised Date 6/29/10
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AGPROfessionals
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Bucklen Equipment
Use for Special Review
Dust Abatement Plan
Gravel and/or road base will be used at the entrance and on internal parking areas to control
dust onsite. Should it be necessary to mitigate for excessive dust, a water tanker truck or
portable sprinkling system may be used for moisture control on roadways.
Waste Handling Plan
The subject property is used as an accessory to the Bucklen operations located east of the
subject property. This property is used to stockpile excess soil, concrete and asphalt that is
removed from various construction sites in the area. Soil is dried at this location and
processed using an aggregate sorter and screen. The processed soil is distributed back to an
end user for use in new construction projects. The debris that is separated from the soil is
primarily concrete, rebar, PVC pipe and other similar materials. The concrete is crushed at the
adjacent site. Metal materials are hauled to a recycling facility, and the remaining debris is
hauled to the local land fill.
No chemicals will be stored on site.
No vehicles will be maintained or washed on the site.
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
3050 67th Avenue • Suite 200 • Greeley, CO 80634
970.535.9318 / office • 970.535.9854 / fax • www.agpros.com
FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business
Name: Bucklen Equipment CO Phone: 970-353-0720
Address: 804 N 25th Avenue City, ST, Zip: Greeley, CO 80631
Business
Owner: Randy Bucklen Phone: 970-353-0720
Home Address: 804 N 25th Avenue City, ST, Zip: Greeley, CO 80631
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
Randy Bucklen Owner 804 N 25th Ave, Greeley, CO 80631 970-353-0720
Business Monday - Friday
Hours: 7:00 a.m. to 5:00 p.m. Days:
Type of Alarm: None Burglar Holdup Fire Silent Audible
Name and address of Alarm Company:
Location of Safe:
w*wwwwwwwwwwwwwwwwww*wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww*wwwwwwwwwwwwwww
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: Location(s):
Is alcohol stored in building? No Location(s):
Are drugs stored in building? No Location(s):
Are weapons stored in building? No Location(s):
The following programs are offere a public service of the Weld Coun nff's Office. Please indicate the
programs of interest. I Physical Security Check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main Electrical:
Gas Shut Off:
Exterior Water Shutoff:
Interior Water Shutoff:
AA
AGPROfessionals
�■ DEVELOPERS OFAGRICU1;IIjRI.
Bucklen Equipment- Use by Special Review
Drainage Narrative
The Bucklen Equipment site is a 13 . 18-acre parcel that is currently used for stockpiles
of concrete, asphalt and soil materials. The site is primarily vacant with native
grasslands and a storage yard. The topography is gently sloping 3% or less in general
from northwest to the southeast direction, away from the Poudre River. Historically,
storm water has surface drained to the borrow pond located on the south side of the
property and will continue to do so. The borrow pond exceeds 1 .5 acres in surface area.
The borrow pond appropriately serves as a water collection and infiltration pond for the
site drainage.
The existing and proposed improvements are situated on the site so that drainage can
continue to flow through as it historically has without a need for construction of further
storm water detention or water quality feature.
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ENGINEERING , PLANNING, CONSULTING & REAL ESTATE
3050 67th Avenue • Suite 200 • Greeley, CO 80634
970.535.9318 / office • 970.535.9854 / fax • www.agpros.com
Deanne:
Please record the SE plat for Bucklen and address all the items listed in #3 below prior to the PC
Hearing.
3. The comments from the referral agencies that we have received so far are attached to this
email. Please address the comments from:
a) State of Colorado Department of Public Health and Environment
b) Weld County Department of Public Health and Environment and
c) Engineering
and copy me with the responses. Thanks.
AA
AGPROfessionals
■■ DEVELOPERS OF AG RICU I.I'URE;
April 10, 2015
Ms. Diana Aungst
Weld County Department of Planning Services
1555 17th Avenue
Greeley, CO 80631
Subject: USR14-0073, Bucklen Equipment, CO - AGPRO Project# 1237-01
Dear Diana:
This letter is to verify the comments stated in your email dated March 30, 2015 for USR14-0073
have been completed. The following comments have been met as shown with the submitted
documentation. Please forward the information to the corresponding departments for their review.
• Condition 3.a. Colorado Department of Public Health and Environment
requirements for a recycling facility — The applicant will perform any recycling
operations at the site in accordance with 6 CCR 1007-2, Section 8.5. Specifically,
the applicant will manage recycled materials in commodity-specific piles processed
for reuse; manage active piles separately by material type or use within the past year;
and remove all non-concrete, non-asphalt, and non-rebar material from the concrete
and asphalt within 30 calendar days and ensure that such materials do not exceed
10% of the total material on-site by weight or volume. The applicant will utilize
materials screening and profiling forms to help minimize receipt of non-recyclable
materials.
• Condition 3.b. Waste Acceptance Plan/Material Screening Plan — A material
profile form was developed for this operation. This form, if approved by the Weld
County Health Department, will be required for delivery of all materials to the site.
This form is included with this response letter, and was previously forwarded to the
Weld County Department of Public Health and Environment for review and
comment.
• Condition 3.c. Drainage Narrative — A drainage narrative and storm water quality
depression calculations are included with this letter. This has been prepared and
stamped by a Professional Engineer registered in the State of Colorado.
Please do not hesitate to contact me at (970) 535-9318 or dfrederickson(u,agpros.com if you have
any questions.
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
3050 67`x' Avenue • Suite 200 • Greeley, CO 80634
970.535.9318 / office • 970.535.9854 / fax • www.agpros.com
April 9, 2015
Weld County Department of Planning Services
Bucklen Land, LLC (SPR14-0022)
Page 2 of 2
Sincerely,
40/Ltvekk, 4Ctal,W;
Deanne Frederickson
Land Planner
Attachments: Drainage Narrative and Water Quality Calculations
E-mail correspondence from John Kolanz regarding requirements for a recycling
facility
Soil Screening Plan
CDPHE January 21 , 2015 Letter
ENGINEERING , PLANNING, CONSULTING & REAL ESTATE
3050 67th Avenue • Suite 200 • Greeley, CO 80634
970.535.9318 / office • 970.535.9854 / fax ■ www.agpros.com
rt AGPROfessionals
■ DI-:V I .OPERS AGRICUL'1 ' IRE
Bucklen Land, LLC - Site Plan Review
Drainage Narrative
4-9-2015
The Bucklen Land, LLC site is a 31 -acre parcel that is currently used for an office and
garage associated with oil and gas operations and asphalt and concrete recycling. The
site is primarily vacant with native grasslands, a borrow pond and storage yard. The
topography is gently sloping 3% or less in general from southwest to northeast
direction. Historically storm water has surface drained to the borrow pond located on
the east side of the property. The borrow pond is approximately 3.46 acres in surface
area, and approximately 8-9' deep. The borrow pond appropriately serves as a water
collection and infiltration pond for the site drainage as it approaches the Poudre River.
Water Quality Depression Calculations are attached. These calculations are based on a
future building not to exceed 40,000 SF in size: Two building sites are shown. The
calculations show that 10% of the total area is impervious, and that required storage is
.358 Acre feet.
The existing and proposed improvements are situated on the site so that drainage can
continue to flow through as it historically has without a need for construction of further
storm water detention or water quality feature.
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
3050 67'" Avenue ■ Suite 200 ■ Greeley, CO 80634
970.535.9318 / office • 970.535.9854 / fax • www.agpros.com
Bucklen Land, LLC
Water Quality Depression Calculations
3/23/2015
Impervious Acreage
Roofs Sq. Ft.
New steel building 20,000
Existing Buildings 4300
Total Roof Area(ft2)
24300
Concrete / Asphalt
Scale 1261
Asphalt Parking Lot 8280C1
Total Concrete Area(ft2) 84061
Gravel Area/Gravel Roads
0
0
0
0
Total Gravel Area(ft2)
Total Drainage Area (ft2) 1335985.2 c " ' /
Total Impervious Area (ft2) 108361 , :: vS.r
Total Gravel Area (ft2) j °
Total Undeveloped/Grass Area (ft2) 12276 11/.0 2
Total Property Area (Acre) 3 7
Impervious _°
J V!V s •.
Drain Time 40 hr . ;g51'
Fig. 3-2 look up for Drain time (approximate) - Look up method 0.14 watershed
Required Storage(acre-feet)* 0358
* Based on Drainage Criteria Manual(V.3) Requ'd Storage formula look up
method
a = 1.00
WQCV = a*(.91*i3-1.1912+.78i) = 0.062
Required Storage = (WQCV/12)(Total drainage area) = 0.159 acre-feet
Required Storage in Cubic Feet = 6906 cu-ft
Required Storage in Gallons = 51,661 gallons
Deanne Frederickson
From: John Kolanz <JKolanz@nocoattorneys.com >
Sent: Monday, February 09, 2015 10:36 AM
To: Deanne Frederickson
Subject: FW: Bucklen USR Comments
Attachments: BucklenUSRComments01 -21-2015.pdf
Deanne,
I had a conference call with Kendall Griffin (State Attorney General's Office) and David Snapp (State Hazardous Materials
and Waste Management Division) on February 3 to address certain points made in Snapp's January 21, 2015 comment
letter (attached). Specifically, I clarified that Bucklen Equipment Company is not currently beneficially using or
otherwise placing on-site waste concrete and concrete fines resulting from its recycle operations, and has no plans to do
so moving forward.
Please pass this information on to Diana Aungst for purposes of the USR application. I have copied below a follow-up
email to Kendall Griffin and David Snapp that I sent after the conference call .
Thanks,
JK
From: John Kolanz
Sent: Tuesday, February 03, 2015 5: 17 PM
To: 'Kendall Griffin'; 'david .snapp@state.co. us'
Subject: Bucklen Equipment Company (" BEC" )
Kendall and David,
Thank you for your time this morning. As I stated during our conference call, I just wanted to touch base with you on
David 's January 21, 2015 comment letter to Weld County regarding BEC's pending Use by Special Review
application . David's letter seems to reflect the understanding that BEC is currently burying on-site the waste concrete
and concrete fines that result from its recycle operations. The letter further notes that if the Company wishes to
continue this practice, it needs to obtain either a Certificate of Designation or a beneficial use determination.
As I mentioned this morning, BEC suspended its beneficial use of such materials shortly after Hazardous Materials and
Waste Management Division and Weld County personnel conducted a compliance inspection of the BEC facility on
February 28, 2014 . Additionally, Weld County floodplain and zoning requirements will likely limit beneficial use
opportunities at this site in the future . BEC currently has no plans to resume these activities at this site. As noted in my
May 21, 2014 letter to Doug Ikenberry, if the Company's plans change in this regard, it will meet with Division and Weld
County representatives prior to resuming these activities to ensure compliance with all beneficial use requirements.
Thanks again for setting up the conference call this morning.
JK
John A. Kolanz
Partner
Otis, Bedingfield & Peters, LLC
2725 Rocky Mountain Avenue, Suite 320
Loveland, CO 80538
970-663-7300
JKolanz@nocoattorneys.com
www. nocoattorneys.com
1
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From: Diana Aungst [mailto:daungst@co.weld.co.us]
Sent: Wednesday, January 21, 2015 7:49 PM
To: Tim Naylor
Cc: Brenda Greenhagen; Deanne Frederickson
Subject: FW: Bucklen USR Comments
Tim:
Attached are comments from the state on the Bucklen USR.
Feel free to contact me with any questions.
Regards,
Diana Aungst, AICP, CFM
Planner II
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
970-353-6100 ext. 3524
Fax: (970) 304-6498
daunostaweldgov.corn
www.weldpov.corn
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From: Snapp - CDPHE, David [mailto:david.snappc state.co.us_
Sent: Wednesday, January 21, 2015 2:31 PM
To: Diana Aungst
Cc: Heather Barbare; Doug Ikenberry - CDPHE; Kendall Griffin
Subject: Bucklen USR Comments
Diana,
Please find the attached comments regarding the Bucklen USR application. Thanks-David
2
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GRE . COLORADO
ueen Equipment Company
804 N. 25th Avenue
Greeley, Colorado
MATE '' IALS SCREENING AND
PROFILE FORM
Bucklen Equipment Company ("BEC" or the "Company") recycles soil, concrete and asphalt at this
facility. These recycling operations generally involve processing coarse rocky soil, and used concrete and
asphalt into products suitable for use in construction, landscaping, and similar projects.
The Company must comply with certain regulatory requirements. BEC is not permitted to accept
contaminated materials (for example, soil containing hazardous substances or petroleum constituents) or
materials containing more than minimal amounts of extraneous debris (such as wood, paper, plastic, metal, or
glass).
Both Generators and Transporters are responsible for the contents of the loads sent to this facility for
recycle. To prevent acceptance of non-conforming loads, each Transporter of materials to this facility must
complete and sign the following Profile Section prior to unloading . In doing so, the Transporter certifies that
the material is not contaminated with hazardous substances or petroleum constituents and contains only
minimal amounts of extraneous debris.
If BEC subsequently discovers, through laboratory analysis or otherwise, that a load or loads contain(s)
contaminated substances, petroleum constituents, or more than minimal extraneous debris, the Company may
require the Generator/Transporter to retrieve the load at the Generator's/Transporter's expense. Alternatively,
BEC may remove and properly dispose of the load itself and bill the Generator/Transporter for its costs,
including any related fines, and laboratory, consultant, and attorney fees. The Company may terminate its
business relationship with Generators/ Transporters that mischaracterize their loads.
PROFILE SECTION
INSTRUCTIONS: Please answer each question as completely as possible. Use an ink pen to complete and sign this form. Attach
additional sheets as necessary. The Transporter or Authorized Representative (agent) must sign the form. The Generator/Transporter
must notify Bucklen Equipment Company immediately of any changes to the information provided herein Signed Originals must
follow fax or email copies.
A. GENERATOR INFORMATION
Generator Name: Generator
(REQUIRED) Contact:
(REQUIRED)
Business Address: Contact Title:
(REQUIRED)
Generator Email:
Phone : Fax:
804 N. 25th Avenue a Greeley, Colorado 80631 G Tel 970.353.0720
KytiN EOUF
GREELEY. COLORADO
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GREE EY.COLORADO
B. TRANSPORTER INFORMATION Pg. 2
Transporter Name: Transporter
(REQUIRED) Contact:
(REQUIRED)
Business Address: Contact Title:
(REQUIRED)
Transporter
Email:
Phone : Fax:
C. MATERIAL INFORMATION • SOIL • CONCRETE El ASPHALT
Where did this material originate?:
Process — Briefly describe the process that generated this material:
D. AUTHORIZED SIGNATORY:
I hereby certify and agree that:
• I am the Transporter (or authorized by the Transporter identified herein to provide the information submitted in this form and any
attached documents and to enter into this Agreement on the Transporter's behalf).
• I thoroughly investigated all matters relevant to completing this form. Based on this investigation, I certify that the material is not
contaminated with hazardous substances or petroleum constituents and contains no more than minimal amounts of extraneous debris.
• All relevant information concerning the material has been provided in this and any attached documents. Such information is complete
and accurate and all known or suspected hazardous substances, petroleum constituents, and extraneous debris have been disclosed
herein.
• The material may be subject to further evaluation, including random sampling and analyses.
• If Bucklen Equipment Company discovers, through laboratory analysis or otherwise, that a load or loads contain(s) contaminated
substances, petroleum constituents, or more than minimal extraneous debris, the Company may require the Generator/Transporter to
retrieve the load at the Generator's/Transporter's expense, or may remove and properly dispose of the load itself and bill the
Generator/Transporter for its costs, including any related fines, and laboratory, consultant, and attorney fees.
Signature: Print:
Title: Date:
Company:
804 N. 25th Avenue • Greeley, Colorado 80631 • Tel 970.353-0720
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GRE- COLORADO
f COLORADO
(S ;) Department of Public
-•ci.;r Health & Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
January 21 , 2015
Ms. Diana Aungst
Planner
Weld County Department of Planning Services
1555 N . 17th Avenue
Greeley, Colorado 80631
RE: Comments Regarding the Bucklen Equipment Company, Inc. Use by Special
Review Application Case # USR-14-0073
SW-WLD-BEC 1 . 1
Ms. Aungst,
The Hazardous Materials and Waste Management Division ("the Division " ) of the Colorado
Department of Public Health and Environment appreciates the opportunity to provide
comments pertaining to the solid waste management activities conducted by Bucklen
Equipment Company, Inc. ("Bucklen") located at 804 N. 25th Avenue in Greeley, CO ("the
Facility" ) . Bucklen submitted an application for a Use by Special Review with Weld County
and Weld County requested comments from the Division. The Division's comments regarding
the applicability of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-
2 , Part 1 ("the Solid Waste Regulations") to Bucklen's activities are provided below.
Bucklen currently accepts and processes concrete, asphalt and dirt at the Facility. Section
8 . 5 of the Solid Waste Regulations exempts asphalt and concrete recycling facilities from the
Recycling Facility requirements when the materials are managed like a commodity.
According to the USR application, Bucklen manages concrete and asphalt in a manner
consistent with the exemption in Section 8 . 5. 3(B) . However, an inspection report from Weld
County dated March 26, 2014 and a letter from Bucklen ' s attorney dated May 21 , 2014
indicate that waste concrete and concrete fines are being buried onsite. The Division
considers burying waste to be disposal and subject to the landfill requirements of Sections 2
and 3 of the Solid Waste Regulations.
Bucklen should obtain either a Certificate of Designation or a beneficial use determination if
they wish to continue to dispose of, or beneficially use, asphalt, waste concrete and concrete
fines at the Facility. The historical and proposed use of the waste concrete onsite, as
described in the letter from Bucklen 's attorney, does not meet Section 8 's Table 3 pre-
4300 Cherry Creek Drive S. Denver, Co 80246-1530 P 303-692-2000 www.colorado. ovlcd he `cflpr 'E
John W. Hickentooper, Governor Larry Wotk, MD, MSPH, Executive Director and Chief Medical Officer O., r
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approved use for reclaimed concrete as a structural backfill material. Bucklen may contact
David Snapp at david.snapp@state. co. us or 303-692-3425 to discuss the beneficial use
requirements or Curt Stovall at curt.stovall@state. co. us or 303-692-2295 to discuss obtaining
a Certificate of Designation to operate as a solid waste landfill.
Sincerely,
) , l
David Snapp
Environmental Protection Specialist
Hazardous Materials and Waste Management
Division
Colorado Department of Public Health and
Environment
Heather Barbare, Weld County Department of Public Health and Environment
4300 Cherry Creek Drive S. , Denver, CO 80246. 1530 P 303.692- 2000 www.colorado.govicdphe
4 John W. Hickenlooper, Governor Larry Wolk, MD. MSPH, Executive Director and Chief Medical Officer t
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