HomeMy WebLinkAboutR17-025 Certification of Designation Eagle County Landfill •
Commissioner AC U1Ute G moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO 2017-b Z,5
RESOLUTION APPROVING AND AUTHORIZING ANY COUNTY
COMMISSIONER TO EXECUTE THE AMENDED AND RESTATED CERTIFICATE
OF DESIGNATION FOR THE EAGLE COUNTY LANDFILL
WHEREAS, C.R.S. § 30-20-101 et. seq. governs solid waste disposal sites and facilities
in the state of Colorado; and
WHEREAS, C.R.S. § 30-20-101(1)provides in part that an"Approved site or facility"
means a site or facility for which a certificate of designation has been obtained; and
WHEREAS, C.R.S. § 30-20-101(2.5)provides that the"governing body having
jurisdiction"means the board of county commissioners if a site and facility is located in any
unincorporated portion of a county; and
WHEREAS, the Eagle County Landfill is located in unincorporated Eagle County; and
WHEREAS, C.R.S. § 30-20-102 (1)provides in part that"a person who owns or
operates a solid wastes disposal site and facility shall first obtain a certificate of designation from
the governing body having jurisdiction over the area in which such site and facility is located";
and
WHEREAS,by Resolution No. 86-46 dated June 9, 1986 and entitled Resolution
Approving the Application of Eagle County for a Certificate of Designation to Operate a Solid
Waste Disposal Site and Facility North of Wolcott, Colorado,the Eagle County Board of County
Commissioners (the"Board") approved a certificate of designation for the Eagle County Landfill
(the"1986 Resolution"); and
WHEREAS, the site and facility approved by the 1986 Resolution authorized a sanitary
landfill operation on approximately 179 acres of land in unincorporated Eagle County(the
"Original Land"); and
WHEREAS,by Resolution No. 2013-100 dated October 15, 2013 nunc pro tune to the
30th day of April, 2013 and entitled Resolution Authorizing the Approval of a Special Use
Permit for the Eagle County Landfill Vertical Expansion File No. ZS-4098, the Board approved
a special use permit for the purpose of vertically expanding the Eagle County Landfill into
existing air space an additional 83 feet above the previously approved height(the"2013
Resolution"); and
WHEREAS,through two different land patents in 2002 and 2003 respectively, Eagle
County was granted approximately 730 acres of land from the United States of America for solid
waste disposal purposes(the"Land"); and
WHERREAS, the Land includes the Original Land; and
WHEREAS, C.R.S. §30-20-103 (1)requires that any person desiring to own or operate a
solid waste disposal site and facility shall make application to the governing body having
jurisdiction over the area in which the site and facility is proposed to be located for a certificate
of designation; and
WHEREAS, C.R.S. §30-20-103(1) sets forth the items to be included in the application
and requires that the application be referred to the Colorado Department of Public Health&
Environment for review and recommendation as to approval or disapproval; and
WHEREAS, on or about January 30, 2013, the Colorado Department of Public Health&
Environment received an Engineering Design and Operations Plan("EDOP") from the Eagle
County Solid Waste and Recycling Department for its review and consideration; and
WHEREAS, the materials submitted with the EDOP and considered by the Colorado
Department of Public Health&Environment include those items identified in C.R.S. §
30-20-103(1); and
WHEREAS, on or about July 24, 2013, Eagle County,through its consultants KRW
Consulting, Inc. now Souder, Miller&Associates, submitted comment responses and updates to
the Colorado Department of Public Health&Environment; and
WHEREAS, on or about August 27, 2014, the Eagle County Solid Waste and Recycling
Department submitted an application for a special use permit for the purpose of designating the
Land for solid waste disposal purposes and seeking to amend the existing certificate of
designation approved through the 1986 Resolution to reflect the additional acreage (the"Special
Use Request"); and
WHEREAS, on or about December 18, 2013, the Colorado Department of Public Health
&Environment approved the updated EDOP for the Eagle County Landfill which included the
Land; and
WHEREAS,by letter dated September 11, 2014, the Colorado Department of Public
Health&Environment acknowledged that Eagle County Solid Waste and Recycling Department
had submitted an application for a special use permit for the purpose of designating certain lands
for a solid waste facility and site permit. The request included the EDOP which had been
previously approved by Colorado Department of Public Health&Environment on or about
December 18, 2013 and therefor it was not necessary for Eagle County to submit further
information or application to Colorado Department of Health&Environment in support Eagle
County's application for a certificate of designation; and
WHEREAS,the Eagle County Planning Commission considered the Special Use
Request at its regular meeting on the 7th day of January, 2015, and recommended approval of the
issuance of a special use permit and amended certificate of designation subject to certain
conditions; and
WHEREAS,by Resolution No. 2015-048 dated June 16, 2015 nunc pro tunc to the 3rd
day of February, 2015 and entitled Resolution to Approve the Special Use Permit for the Eagle
County Landfill Certificate of Designation File No. ZS-5097,the Board approved a special use
permit for a certificate of designation for the Eagle County Landfill (the"2015 Resolution")
subject to certain conditions; and
WHEREAS, Eagle County inadvertently failed to prepare an amended certificate of
designation for signature by the Eagle County Board of County Commissioners at the time the
2015 Resolution was approved;,and
WHEREAS,the Board desires to now rectify this oversight by approving and
authorizing any commissioner to execute the Amended and Restated Certificate of Designation
in the form attached hereto as Exhibit A; and
WHEREAS, notice of the time and place of the public hearing, setting forth that the
matter to be considered is Eagle County's proposal for a solid waste disposal site and facility,
and a description of the site and facility as well as a description of the geographic area that is
within three miles of the site and facility has been published in the Eagle Valley Enterprise, a
newspaper having general circulation in Eagle County at least ten(10) days and no more than
thirty(30) days prior to the date of this hearing; and
WHEREAS,the notice of the public hearing has also been posted in a conspicuous place
at the Eagle County Building located at 500 Broadway, Eagle, Colorado, in the El Jebel office
located at 0020 Eagle County Drive,El Jebel, Colorado, and at the offices of the Eagle County
Solid Waste and Recycling Department located at 815 Ute Creek Road,Wolcott, Colorado, and
such notice has been posted for a period beginning at least thirty(30)days before the public
hearing and continuing through the date of such hearing; and
WHEREAS, the Board took evidence at its hearing on the Special Use Request in
connection with the 2015 Resolution and considered(a) the effect that the solid waste disposal
site and facility will have on the surrounding property,taking into consideration the types of
processing to be used, surrounding property uses and values, and wind and climatic conditions;
(b)the convenience and accessibility of the solid wastes disposal site and facility to potential
users; (c)the ability of the applicant to comply with the health standards and operating
procedures provided by state statute and the Colorado Department of Public Health&
Environment; and(d)recommendations by public health agencies; and
WHEREAS, the Board, upon notice as set forth herein,has again opened the matter of
issuance of an Amended and Restated certificate of designation for public hearing to consider
evidence concerning such proposed site and facility.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT,the Board having considered the evidence heard at the public hearing
properly noticed for and held on May 16, 2017, hereby finds:
(a) The use of the Land for a solid waste operation complies with the Eagle County
Land Use Regulations and conforms to the Eagle County Comprehensive Plan,
zoning restrictions, and Master Plan; and
(b) The EDOP detailing all technical aspects of the solid waste operation has been
prepared by Souder, Miller&Associates and/or its predecessor KRW
Consultants, Inc.; and
(c) Colorado Department of Public Health&Environment has approved the EDOP
and any conditions of approval imposed by the Colorado Department of Health
and Environment are hereby incorporated into the Amended and Restated
Certificate of Designation attached hereto as Exhibit A.
THAT,the Amended and Restated Certificate of Designation in the form set forth in
Exhibit A shall be and is hereby issued to the County of Eagle, State of Colorado to conduct
solid waste operations on the land identified in the Certificate of Designation.
THAT, approval and issuance of the Amended and Restated Certificate Designation
shall be and is subject to the conditions set forth in the 2015 Resolution.
THAT, approval and issuance of the Amended and Restated Certificate of Designation
shall be and is subject to the following conditions from the 2013 Resolution:
(a) Condition number 3 of the 2013 Resolution which states"The applicant shall comply
with the provisions contained in the document `Impacts To Wildlife As a Result of
the BLM/Eagle County Land Transfer and Eagle County Landfill Wildlife Mitigation
and Implementation Plan' developed in 2000 as part of the original Special Use
Permit for the Eagle County Landfill"; and
(b) Condition number 5 of the 2013 Resolution shall be amended to read as follows"If
an area outside the landfill footprint is disturbed, a seed mixture suitable for site
conditions emphasizing wildlife palatability shall be determined,tested and shown
viable and must satisfy Colorado Parks and Wildlife.
THAT, condition number 4 of the 2013 Resolution has been fulfilled.
THAT, approval and issuance of the Amended and Restated Certificate of Designation
shall be and is subject to the EDOP as approved by CDPHE and as amended from time to time.
Each future amendment of the EDOP shall not require a modification or amendment to the
Amended and Restated Certificate of Designation unless required by state statute.
THAT,the applicant by acceptance of the Amended and Restated Certificate of
Designation agrees that said Certificate is subject to revocation by the Board if the applicant fails
to comply with this Resolution, any of the aforementioned stipulations and/or conditions as
delineated herein, and any other rules, requirements or regulations as adopted by the Board from
time to time pursuant to C.R.S. §30-20-101 et. seq.
THAT,the Board hereby authorizes any commissioner to execute the Amended and
Restated Certificate of Designation in the form attached as Exhibit A.
THAT, the Board finds, determines and declares that this Resolution is necessary for the
public health, safety and welfare of the citizens of the County of Eagle, State of Colorado
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the iL day of C401 , 2017
nunc pro tunc to the 31"d day of February, 2015.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Thro s
ATT iff BOARD V "i UNTV C V M SSIONERS
C —, _ BY:AP;i v�✓
rk�. the Board of
tit"c14
e ttc.04,..,
Kathy andler-Henry
'� Commissioner e*. Comission r ,
•Jeanne McQue ey
Commissioner
Commissioner Cja c.L-- i-le_,,,,...k s econded adoption of the foregoing resolution. The
roll having been called, the vote was follows:
Commissioner Ryan C; t.
Commissioner Chandler-Henry �/
Commissioner McQueeney
This Resolution passed by 3 vote of the Board of County Commissioners of
the County of Eagle, State of olorado.
EXHIBIT A
COUNTY OF EAGLE
BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
AMENDED AND RESTATED CERTIFICATE OF DESIGNATION
SOLID WASTE DISPOSAL SITE
In accordance with the provisions of the Colorado Solid Waste Disposal Sites and
Facilities Act, Colorado Revised Statutes, Title 30, Article 20, the Board of County
Commissioners (hereinafter "the Board") of Eagle County, Colorado, hereby amends and
restates its Certificate of Designation issued on the 9th day of June, 1986 and designates the
following site for disposal of solid wastes:
Eagle County Landfill-Location of Site:
U.S. Patent No. 05-2003-0027:
Sixth Principal Meridian,Colorado—Township 4 South,Range 83 West
Section 2: E1/2SW1/4SW1/4, SW1/4SW1/4SW1/4, SE1/4SW1/4,and S1/2SE1/4;
Section 10: S1/2NE1/4NE1/4, SE1/4NE1/4,E1/2SE1/4,E1/2W1/2SE1/4,and
E1/2W1/2SW1/4SE1/4;
Section 11:N1/2N1/2, SW1/4NW1/4,W1/2SE1/4NW1/4,W1/2E1/2SE1/4NW1/4,
W1/2W1/2SW1/4,W1/2E1/2W1/2SW1/4,EI/2NE1/4NW1/4SW1/4 and
W 1/2NW 1/4NE1/4SW 1/4;
Containing 640 acres;and,
U.S. Patent No. 05-2003-0028:
Sixth Principal Meridian,Colorado—Township 4 South,Range 83 West
Section 10:N1/2NE1/4NE1/4,E1/2SW1/4NE1/4,E1/2SE1/4SW1/4,
W1/2NW1/4SE1/4,and W1/2W1/2SW1/4SE1/4;
Containing 90 acres.
Type of Site or Facility: Solid Waste Operation
Name and Address of Certificate of Designation Holder: Eagle County Government
500 Broadway
P.O. Box 850
Eagle, Colorado 81631
This certificate is issued subject to the laws of the State of Colorado, specifically the
provisions of Title 30, Article 20, Colorado Revised Statutes, as well as pursuant to the terms
and conditions set forth in Eagle County Resolution No. 2015-048, adopted by the Board on
June 16, 2015, nunc pro tunc to the 31"d day of February, 2015 with regard to approval of the
Special Use Permit for Sanitary Landfill (Eagle County No. ZS-5097) and pursuant to Eagle
County Resolution No. 2017-66 entitled Resolution Approving and Authorizing any County
Commissioner to Execute the Amended and Restated Certificate of Designation for the Eagle
County Landfill.
This certificate of designation may be temporarily suspended or revoked, after reasonable
notice and public hearing, for failure of this site and facility to comply with all applicable laws,
resolutions, and ordinances; or, to comply with the provisions of C.R.S. Title 30, Article 20; or,
any rule,regulation or resolution adopted pursuant thereto.
Any change in operating procedure, or deviation from the application(Eagle County File
No. ZS-5097) as submitted to and approved by the Board requires Board approval prior to
implementing such change or deviation.
IN WITNESS WHEREOF, the Board has executed this Certificate of Designation as of
the IL day of / -1 , 2017, nunc pro tunc to the 3rd day of February, 2015.
THE COUNTY OF EAGLE STATE OF
COLORADO, By and Through its BOARD
4'` ' �coGa . OF COUNTY COMMISSIONERS
ATT _ : .
•
0
poi P°_i BY.gi ►,. O'Brien Jillian H. Rya /Chair
Clerk to the Board of Commissioners
TO BE POSTED IN A CONSPICUOUS PLACE
NON-TRANSFERRABLE OR ASSIGNABLE
COUNTY OF EAGLE
BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
AMENDED AND RESTATED CERTIFICATE OF DESIGNATION
SOLID WASTE DISPOSAL SITE
In accordance with the provisions of the Colorado Solid Waste Disposal Sites and
Facilities Act, Colorado Revised Statutes, Title 30, Article 20, the Board of County
Commissioners (hereinafter "the Board") of Eagle County, Colorado, hereby amends and
restates its Certificate of Designation issued on the 9th day of June, 1986 and designates the
following site for disposal of solid wastes:
Eagle County Landfill- Location of Site:
U.S. Patent No. 05-2003-0027:
Sixth Principal Meridian, Colorado—Township 4 South,Range 83 West
Section 2: El/2SW1/4SW1/4, SW1/4SW1/4SW1/4, S'E1/4SW1/4,and S1/2SE1/4;
Section 10: S1/2NE1/4NE1/4, SE1/4NE1/4,E1/2Sp1/4,E1/2W1/2SE1/4,and
E1/2W1/2SW1/4SE1/4;
Section 11:N1/2N1/2, SW1/4NW1/4,W1/2SE1/4NW1/4,W1/2E1/2SE1/4NW1/4,
W1/2W1/2SW1/4,W1/2E1/2W1/2SW1/4,E1/2NE1/4NW1/4SW1/4 and
W 1/2NW 1/4NE 1/4SW 1/4;
Containing 640 acres; and,
U.S. Patent No. 05-2003-0028:
Sixth Principal Meridian, Colorado—Township 4 South,Range 83 West
Section 10:N1/2NE1/4NE1/4,E1/2SW1/4NE1/4,E1/2SE1/4SW1/4,
W1/2NW1/4SE1/4,and W1/2W1/2SW1/4SE1/4;
Containing 90 acres.
Type of Site or Facility: Solid Waste Operation
Name and.Address of Certificate of Designation Holder: Eagle County Government
500 Broadway
P.O. Box 850
Eagle, Colorado 81631
This certificate is issued subject to the laws of the State of Colorado, specifically the
provisions of Title 30, Article 20, Colorado Revised Statutes, as well as pursuant to the terms
and conditions set forth in Eagle County Resolution No. 2015-048, adopted by the Board on June
16, 2015, nunc pro tunc to the 3'i day of February, 2015 with regard to approval of the Special
Use Permit for Sanitary Landfill (Eagle County No. ZS-5097) and pursuant to Eagle County
Resolution No. 2017-025 entitled Resolution Approving and Authorizing any County
Commissioner to Execute the Amended and Restated Certificate of Designation for the Eagle
County Landfill.
This certificate of designation may be temporarily suspended or revoked, after reasonable
notice and public hearing, for failure of this site and facility to comply with all applicable laws,
resolutions, and ordinances; or, to comply with the provisions of C.R.S. Title 30, Article 20; or,
any rule,regulation or resolution adopted pursuant thereto.
Any change in operating procedure, or deviation from the application (Eagle County File
No. ZS-5097) as submitted to and approved by the Board requires Board approval prior to
implementing such change or deviation.
IN WITNESS WHEREOF, the Board has executed this Certificate of Designation as of
the day of /I , 2017, nunc pro tunc to the 3rd day of February, 2015.
THE COUNTY OF EAGLE STATE OF
COLORADO, By and Through its BOARD
EAc •co OF COUNTY COMMISSIONERS
ATTE • tS }� //
i - *cbtostOP R-...me'Brien i J. ian H. Ryan, Chai
erk o the Board of Commissioners
TO BE POSTED IN A CONSPICUOUS PLACE
NON-TRANSFERRABLE OR ASSIGNABLE
