HomeMy WebLinkAboutR10-034 Town of Gypsum Composting Facility Special Use Permit and Cert of DesignationCommissioner
`W L~''I V ~--moved adoption
of the following Resolution:
RESOLUTION
of the
COUNTY OF F.AGLE, STATE OF COLORADO
RESOLUTION NO. 2010 - O ~~
APPROVAL
OF A SPECIAL USE PERMIT and CERTIFICATE OF llESIGNATION
For the TOWN OF GYPSUM COMPOSTING FACILITY
EAGLE COUNTY FILE NO. ZS-00174
WHEREAS, on or about April 10, 2008, The Town of Gypsum (herein after "Applicant")did file an
application with the Eagle County Department of Community Development for a new Special Use Permit
and Certificate of Designation to establish and operate a new biosolid composting facility. The "Town of
Gypsum has historically operated its composting facility adjacent to the wastewater treatment plant on
Porphyry Road. Since there are single-family residences located within a few hundred feet of the
composting operation, complaints have been received due to odor. The Town has resorted to other, more
expensive means of disposing of the solid waste.
Gypsum has reached agreement with the American Gypsum Company to lease a 3.2-acre tract of land
located on the American Gypsum Company mine site. Tl~e mine is located approximately one mile due
north of the Town of Gypsum in an area surrounded by Bureau of Land Management property with no
foreseeable potential for residential development. The 3.2-acre tract is in an area of the mine site that has
already been mined but has not yet been fully regraded or revegetated.
The lease agreement between the Town and the American Gypsum Company is for ten }'ears with the
option to renew. In exchange for allowing Gypsum to lease the property, the mine will benefit by being
able to use the compost for the mine's revegetation projects.
The operation entails hauling treated biosolids from the Town's wastewater treatment plant to the
composting facility within a sealed container. The Town owns aroll-off truck and matching gasketed
container for this purpose. Materials handling methods are already in place at the wastewater treatment
plant to transfer sludge /biosolids directly to the transporting container. At the processing site, the
biosolids will be mixed with wood chips and receive further treatment to convert the material to Class A
compost.
"fhe composting procedure involves three steps:
1) The biosolids are mixed with wood chips.
2) The mixture is then placed on a pad in windrows where final stabilization occurs. The windrows are
periodically turned to provide the necessary exposure to air.
3) The compost is separated from the wood chips using a screening process. "fhe wood chips are
recycled and used in tirture 'batches' of compost.
Page 1 of 5
Miring and turning of the windrowed piles will be performed by an end loader or motor grader. Screening
will be accomplished with a diesel powered screen. If more rapid processing of the biosolids becomes
necessary, specially designed and built containerized composting vessels will be used to raise the
temperature of the compost mixture and thereby increase the speed of the composting process.
The compost product will be made available for revegetation at the mine site. Compost not used by the
mine would be backhauled to the wastewater treatment plant site for use by the Town or for sale to
landscape contractors.
Currently the Town is processing approximately 100 dry metric tons of sludge per year. In the future when
the wastewater treatment plant is at or near capacity, it is estimated there will be 200 dry metric tons per
year. There are no current plans to accept waste from other sewage treatment plaarts. Traffic generated for
the composting facility is not anticipated to exceed 15 truck trips per month and up to 60 car trips per
month.
It is anticipated that the site will be accessed by town employees approximately once per day, five days per
week between 7:00 a.m. and 5:00 p.m. Access between the Town's waste water treatment plant and the
proposed composting site is via Porphyry Road, U.S. highway 6 and Trail Gulch Road. The road travel
distance is 32 miles.
WHEREAS,.the Special Use Permit and Certificate of Designation request was considered at a
public meeting by the Eagle County Planning Commission on March 18, 2009 and by the Eagle County
Board of County Commissioners on March 31, ?009; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for
the unincorporated areas of Eagle County, comments of the Eagle County Department of Community
Development, comments of public officials and agencies, the recommendation of the Planning
Commission, and comments from all interested parties, the Board of County Commissioners of the County
of Eagle, State of Colorado ("the Board"), finds as follows:
1. That proper publication and public notice was provided as required by law for the hearings before
the Planning Commission and the Board.
That pursuant to Eagle County Land U,re Regulations Section 5-250.B Standards for the review of
a Special Use Permit:
(1) Consistent with Compre/rensive P/an. The proposed Special Use Permit CAN be shown
to be appropriate for its proposed location and be consistent with the purposes, goals,
objectives and policies of the Comprehensive Plan and FLUM, including standards for
building and structural intensities and densities, and intensities of use.
(2) Comprrtihility. The proposed Special Use IS appropriate for its proposed location and IS
compatible with the character of surrounding land uses.
(3) Zone District Standards. The proposed Special Use llOES comply with the standards of
the zone district in which it is located and the standards applicable to the particular use, as
identified in Section 3-3 l0, Review .Standards Applicafile to Particular Residential,
Agriculttrrcrl crrtd Resource Uses.
Page 2 of 5
(4) Design Minimizes Adverse Impact. The design of the proposed Special Use DOES
adequately minimize adverse impacts, including visual impact of the proposed use on
adjacent lands, furthermore, the proposed Special Use CAN avoid significant adverse
impact on surrounding lands regarding trash, service delivery, parking and loading, odors,
glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise
and traffic, and WILL NOT create a nuisance.
(~) Design Min/mites Environmental hnpru7. The proposed Special Use WILL tally
minimize environmental impacts, and will not cause significant deterioration ofi water and
air resources, wildlife habitat, scenic, and other natural resources.
(6) Impact on Parb/ic Facilities. The proposed Special Use IS adequately served by public
facilities and services such as roads, pedestrian paths, potable water and waste water
facilities, parks, schools, police and tire protection, and emergency medical services.
(7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully
comply with all applicable standards in Article 4, Site Development Standards upon
receiving outstanding subdivision and access approvals.
(3) Other Provisions. The proposed Special Use DOES comply with all standards imposed
on it by all other applicable provisions of these Land Use Regulations for use, layout, and
general development characteristics.
WHEREAS, pursuant to the Colorado Department of Health and Environment Solid Waste and
Material Management Unit Solid and Hazardous Waste Program recommendation to approve the
companion Certificate of Designation, with conditions, as delineated in its correspondence dated March
17, 2010, attached as Exhibit `C', this resolution shall grant approval of the Certificate of Designation for
the Town of Gypsum Composting Facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT the Special Use Permit application and Certificate of Designation for the Town of Gypsum
Composting Facility located in the Resource Zone District, in the unincorporated area of Eagle County
described herein, is hereby approved, subject to the following conditions, and that violation of any
condition shall be the basis for revocation of the Special Use Permit and Certificate of Designation:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in public meeting
shall be adhered to and considered conditions of approval;
2. All comments of the Eagle County Engineering Department in its memorandum
dated March 10, 2009 (attached as Exhibit `A') shall be addressed to the
satisfaction of the County Engineer prior to the compost facility beginning
operation;
3. All comments of the Eagle County Department of Environmental Health in its
memorandum dated March 1 1, 2009 (attached as Exhibit `B') shall be addressed
to the satisfaction of the Director of Environmental Health prior to tl~e compost
facility beginning operation.
Page 3 of 5
4. Road Impact Fees must be calculated for the biosolid composting facility and the
fee amount agreed upon by the County Engineer prior to the compost facility
beginning operation.
~. The facility shall comply with the public health and environmental laws,
standards, and regulations of the Colorado Department of Public Health and
Environment and all other applicable State, Federal and local rules and
ordinances.
6. A Certification report documenting the construction quality assurance for the
facility (signed by a Professional Engineer registered in Colorado) is required to
be submitted to the Hazardous Materials and Waste Management Division of the
Colorado Department of Public Health and Environment for review and approval
at a minimum of sixty (60) calendar days prior to acceptance of any waste.
7. Financial Assurance closure and post closure cost estimates along with a
financial mechanism shall be submitted for review and approval by the
Hazardous Materials and Waste Management Division of the Colorado
Department of Public Health and Environment. Financial assurance as outlined
in Section 1.8 of the Regulations shall be established sixty (60) calendar days
prior to receipt of waste. Tl~e Hazardous Materials and Waste Management
Division of the Colorado Department of Public Health and Environment will
consult with Eagle County when considering the amount of financial assurance
to be posted.
8. Facility should notify the Colorado Department of Public Health and
Environment's Air Pollution Control Division and obtain the appropriate Air
Pollution Control Division permits for this facility.
9. Facility should notify the Colorado Department of Public Health and
Environment's Water Quality Control Division and obtain the appropriate Water
Quality Control Division permits for this facility.
THAT, this permit shall be subject to review as provided for by the Eagle County Land Use
Regulations.
THAT, the Board of County Commissioners directs the Department of Community Development
to provide a copy of this Resolution to the Applicant.
THAT, the E3oard hereby finds, determines and declares that this Resolution is necessary for the
health, safety and welfare of the citizens of Eagle County.
Page 4 of 5
MOVED, READ AND ADOPTED by the Board of County Com-,~iss~io~ners of the County of
Eagle, State of Colorado, at its regular meeting held the ~ ~ day of ~~ L- ,
2010, none pro !uric to the 31st day of March, 2009.
ATTEST:
BY:
BY: ~tn~
Sara J. Fish
B ~ ~%
%'~~ '
Peter F. Runyon,
BY:
-a-,-~;
Jon Stavney, Commissioner
Commissioner ~5~~"~ seconded adoption of the foregoing resolution. The roll having been called,
tl~e vote was as follows:
Commissioner Sara J. Fisher ~--+^ ''`"
Commissioner Peter F. Runyon -d-ti ~^
Commissioner Jon Stavney ~ Sir _ . i
This Resolution passed by v /0
County of Eagle, State of Colorado.
OF EAGLE, STATE OF COLORADO, By and
BOARD OF COUNTY COMMISSIONERS
vote of the Board of County Commissioner of the
Page 5 of 5
Clerk to the Board of ~"""""r
County Commissioners
MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: [3ob Narracci, Planner
Planning Department
:~
FROM: Taylor Ryan, Engineer I '~ ~~~
Engineering Department
DATE: March 10, 2009
FILE: Eagle County File No. ZS-00174
RE: Town of Gypsum Composting Site.
EX H/B / T '~4
The Eagle County Engineering Department has reviewed the above referenced application received on
February l 1, 2009, with additional material received on March 09, 2009, and has the following
comments:
1. The submitted materials contained an application for a Waiver for the Construction stormwater
Permit, but no approved waiver or Construction stormwater Permit was provided.
2. There are two concerns with regards to the retention pond proposed for this project:
a. While the pond is over-sized, there is no emergency spillway provided. The County Regs
require that stormwater design provides for the safe passage of water in case the
stormwater improvements are overwhelmed by any given storm. Without a spillway,
stormwater will find the lowest point to run out of the pond and will begin to erode the
wall of the pond. This could lead to the failure of the pond. To prevent this, we request a
spillway be included in the design to direct overflow water to a safe location.
b. As a water treatment feature, a retention pond similar to this tends to foster wetlands
plant life which removes the organic pollutants that are carried into the pond by
stormwater. This is tricky in an arid climate because it is likely that the pond will dry out
if there is an extended period between storms, and the plant life will die out in the dry
condition. Without the vegetation to filter out pollutants, the sediment in the pond may
collect a high concentration of pollutants which will still require mitigation. To sustain
plants and the pollutant removal capability, additional water may be necessary to
maintain a minimal water level in the pond.
3. A retention pond maintenance plan shall be developed to explain how the capacity of the pond
will be monitored, how the pond will be dredged, what will be done with material removed from
the pond, and actions to be taken if the water level in the pond nears the top of the pond. This
should be included in the both the Special Use Permit and Grading Permit.
4. A Grading Permit will be necessary to construct the proposed improvements on this site, and we
can work out the details of the drainage and retention pond design through the Grading Permit
review.
The Eagle County Engineering Department reserves the right to offer additional comments as more
information is provided. Please feel free to contact us at (970) 328-3560 if you have any questions or
comments.
cc: Eva Wilson, County Engineer
G:\Development\2008\ZS\ZS-00174 -Town of Gypsum Composting Facility\ZS-00174 -Memo-2.doc
DEPARTMENT OF
ENVIRONMENTAL HEALTH
(970) 328-8755
Fax: (970) 328-8788
TOLL FREE: 800-225-6136
.vww.eaglecounty.us
MEMORANDUM
To: Bob Narracci
From: Sean Hanagan (Environmental Health)
Date: March 11, 2009
Re: Town of Gypsum Composting Facility ZS-00174
EX H/B/ T 'B'
Environmental Health request that you please add the following suggested conditions to the
file ZS-00174 Town of Gypsum Composting Facility:
2
3
4
5.
The applicant shall host a meeting with members of the lower Eagle watershed (Edwards,
Eagle, Roundup River Ranch, and Two Rivers Village) to solicit participation of these
entities in the possible regionalization of the Compost Recycling Facility. Eagle County will
be invited and copied on any communication regarding the meeting and subsequent
meetings/communication.
The applicant shall prepare and submit a sampling plan to help better identify and measure
emerging pollutants to include household and pharmaceutical toxins
(http://toxics.usgs.gov/highlights/biosolids.html). The plan will identify the possible public
health concerns from the use of composted material.
Applicant shall submit a SPCC plan to outline the procedure that will be followed in the
event the biosolids are unintentionally spilled in transit. The plan should include which
entities (local, state, federal) will be notified and what specific measures will be taken to
clean up the spill.
A Dust Suppression Plan shall be submitted for approval along with any grading permits
which may be required.
The current Drainage Plan shall be complied with to prevent discharge of contaminants into
the nearby Eagle River.
500 Broadway, P.O. Box 179, Eagle, Colorado 81631-0179
EXHlB! T 'c' STATE OF COLORADO
Dedica(ed m protecting and improving the heol(h and environment oj(he people ojColorado
Bill Ritter, Jr., Governor
Martha Rudolph, Executive Director
Grand Junction Regional Office
222 South 6u' St. Rm. 232
Grand Junction, CO 81501-2768
Phone: (970)248-7164
http: //www. edphe. state. co. us
March 17, 2010
Eagle County BOCC
PO Box 850
Eagle, Colorado 81631-0850
Re: Final Agency Action: Recommendation of Approval with Conditions
Certificate of Designation Application /Design and Operations Plan
Town of Gypsum Composting Facility in Eagle County
Dear Commissioners:
OF C0~0
H~ "'/ \ O
'~ Jg~6 ~`
Colorado Department
of Public Health
and Environmern
The Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and
Environment (Division) completed the technical review of the Application for Certificate of Designation (CD) /
Design and Operations Plan (D&O) for a proposed composting facility that will be operated by the Town of
Gypsum (Application). The Application was referred to the Division by Eagle County (County) in correspondence
dated March 18, 2009. The proposal is for a Class I composting facility combining biosolids from area wastewater
treatment plants (WWTPs) and wood chips generated by the Town of Gypsum. The facility would be located on 3.2
acres owned by the American Gypsum Company that has an operating mine 1 mile north of Gypsum on Trail Gulch
Road (County Road 51) in Eagle County.
Following several exchanges of technical review comments of the D&O, final revisions to the document (dated
January 2010) have been reviewed and accepted. It should be noted that revisions (to the D&O) have been made
since January 2010, which we have reviewed and approved. The County should be sure that they have received the
final revisions and incorporated them into the document. The consultant, Zancanella and Associates, Inc., has been
asked to provide these to you. The Application in its entirety has been reviewed to determine its compliance with
the requirements set forth in the Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Parts 1 of the
Colorado Revised Statutes, as amended (Act) and with the regulations promulgated there under 6 CCR 1007-2
(Regulations). The Division visited the site of the proposed composting operation and a public notice was
published on September 26, 2009. ~:o com.:.erts :vere received.
It is the determination of the Division that the proposed facility can comply with the technical, environmental and
public health standards of the Act and the Regulations if the facility is constructed, monitored and operated as
detailed in the Application and with the conditions of the Division as stated in this letter. Based on this assessment,
the Division recommends, as final agency action, that this facility may be approved (with conditions) by Eagle
County based on these and any local criteria.
The Division's approval of the Application has the following conditions that shall be incorporated in the CD when
and if issued by Eagle County:
Gypsum Composting Facility - CD Application Recommended for Approval March 17, 2010
Page 2
1. The facility shall comply with the public health and environmental laws, standards, and regulations of the
Colorado Department of Public Health and Environment and all other applicable State, Federal and local
rules and ordinances.
2. A Certification report documenting the construction quality assurance (CQA) for the facility
(signed by a Professional Engineer registered in Colorado) is required to be submitted to the
Division for review and approval at a minimum of sixty (60) calendar days prior to the
acceptance of any waste.
3. Financial Assurance closure and post closure cost estimates along with a financial mechanism
shall be submitted for review and approval by the Division. Financial assurance as outlined in
Section 1.8 of the Regulations shall be established sixty (60) calendar days prior to receipt of
waste. The Division will consult with Eagle County when considering the amount of financial
assurance to be posted.
4. Facility should notify the Department's Air Pollution Control Division (APCD) and obtain the
appropriate APCD permits for this facility.
5. Facility should notify the Department's Water Quality Control Division (WQCD) and obtain
the appropriate WQCD permits for this facility.
As required by the Act, 30-20-104(3)(a) and (3)(b), Eagle County is obligated to notice their citizens and conduct a
public hearing regarding the proposed solid waste facility. Please forward a copy of the County's final Resolution
concerning the Certificate of Designation (or denial correspondence) to the Division. Contact Bob Peterson with
any questions or concerns regarding the Division's recommendation for approval (970-248-7151).
Sincerely,
-J ~ ~~,~
~. P~~ ~
Robert Peterson, Environmental Protection Specialist Roger Doak, Permitting Group Unit Leader
Solid Waste and Material Management Unit Solid Waste and Material Management Unit
Solid and Hazardous Waste Program Solid and Hazardous Waste Program
cc: S. Carver, Mayor Gypsum
B. Elmore, Zancanella & Associates
B. Narracci, Eagle Co. Planning
S. Onorofskie, American Gypsum Company
S W EAG GYP 2.1
GJ file
~,
~~~.
i ~,n
i
h-
1, ~~ ~ c i
U
.1J' ' .:
`.
~ ~
~~~
~v F4~I
~`
.''_ ~ ~ i o
0
.~
- --u,, o
t;c~
~~
-- - o
~~
O
1
n.
~7,
4` ..~ ~~
it :~.; .~' ~Qil O
P::: . r--~I' ~
11~'J/~JJLLII••••f
E X H/
---- B / T 'Q'
~ rnl
r
o~i
Z ~1;1
~
W ~
~ ,
,
~~
~ i
~ ~
~_ ,
i
?I
~~ ~n~
~ ~~ ~ `°~'
d
~ O
~ '
~
? io-~
5 ..
"s
m
Q `~ _
~
~ Q ~ -d
Z ~ m~
~ v V
~ ~~
~~
~
R
c ~ a°O~
Z t~
ti
LL U.mO
~ ~ O Z ~ o
S w~ a<
l=n p a
z ~
~ m ri
Q ~ ° a
a '-
> a
O ~ a
J ~ ~
a~
~ ~ `~ m m
U ~ o a
W 1
~ _
U
`J O
O ,. m
~ r ~
I' Q7 h-
~ ~ ~ U
Q Q m
U ~
in o
PORTIONS OF THE SEl4 NEl4 ~ NE/4 SEM, SEC. 32, TI3, RB6W, 8TH P.M.
L
i
i
,~
l/1 ; ~
/,'!" ~ ~
~,r;, ~,
~I
BERM w~ swALE
oN ourstDE ~~
~~
J'
~.~ I
~~ ~ ' I FINISHED
jC ( PRODUCT
f '~STORAOE
~~\. I
~( .. ~ 1
\~~~ .
-- ~~~
`~~ ~~ ~'~',~ ~ ~ ~i
EX H/B / T 'E' .
AREA (TYP.)
~ ~~-orww~c~E e~slN
~~~~ i ~~ ~ BouND~RY (FOUOws
CONTAINER ~ ~ ~ , j '~ ~+~OP OF BERM)
PROCESSaro ~ ~ ~ ~ I ~ eERM wi sw,uE
BIOBOUDB 0 ~ I aN INSIDE (TYPJ
sTORAOE~ ~~~ ~ I II ~
i I
wood cHw , ~ 1.. ' " ~ I c~oNVEYOR
sTORAaE ' .' .~
` -.
~ ~i I i \
~~ ~~ ~'.~ ~~ 1 I ~ulocn+o
Yv~ ~ ~ 1` Sues
i.. ~.
i~~, ~ I
wlNDrtows _ ~~~ '
i .
I ~ I BERM wi SWAIE
~ I ON INSIDE (1YP.)
sT'o ~ II I,
(FMIBHED PRODUCT) ~I
-~.II / I
.~l J/ 1
1
~---
~ ~` --
.~ ~ ' '"-
-~_-
'~RET>:arr,oN
PoNO ~nE~N~w~on ~ ~~~ ~,
~o~l~lom EMribc 6~R
r
TYP. BERAMBWALE XBEC.
NOrYO SON!
COMPOSTINCa FAC~lIY TOWN OF GYPSUM
PROPOSED LAYOUT
E: pA R'. SHEET:
tpp' JANUAflY n. ZpaB f pf t ~:4NCANELLA ANO ASSLL'/Ak
N/ BY: CHNp BY' APPp BY: pRAN1NC:
:P/1PB 1PB PAZ ~f,ain olon ,,,,,_~.,°~'Q em ~q~1p1~ _
EE 4
C . ~.,5