HomeMy WebLinkAbout20203527 RESOLUTION
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND FIRST MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 1MJUSR20-15-0048, FOR A SOLID WASTE DISPOSAL
SITE AND FACILITY (A DESIGNATED COMMERCIAL EXPLORATION AND
PRODUCTION WASTE MANAGEMENT FACILITY) THAT WILL RECEIVE
NON-HAZARDOUS WASTES THAT MAY CONTAIN VERY LOW CONCENTRATIONS
OF NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM) AND
TECHNICALLY ENHANCED NATURALLY OCCURRING RADIOACTIVE MATERIALS
(TENORM) PURSUANT TO THE COLORADO STATE STATUTE AND AS DEFINED
AND REGULATED BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT, IN ADDITION TO ACCEPTING CONSTRUCTION AND DEMOLITION
(C&D) WASTE, AND INDUSTRIAL WASTE, THE ADDITION OF TWO (2) NEW
STORAGE BUILDINGS AND A COMPANY ONLY HEAVY EQUIPMENT PARKING,
STAGING AND STORAGE AREA OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - PAWNEE WASTE, 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, the Board of County Commissioners held a public hearing on the 9th day of
December, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Pawnee Waste, LLC, 47368 County Road 118, Grover, Colorado
80729, for a Site Specific Development Plan and First Major Amended Use By Special Review
Permit, 1 MJUSR20-15-0048, for a Solid Waste Disposal Site and Facility (a designated
commercial exploration and production waste management facility) that will receive
non-hazardous wastes that may contain very low concentrations of naturally occurring radioactive
materials (NORM) and technically enhanced naturally occurring radioactive materials (TENORM)
pursuant to the Colorado State Statute and as defined and regulated by the Colorado Department
of Public Health and Environment, in addition to accepting Construction and Demolition (C&D)
Waste, and Industrial Waste, the addition of two (2) new storage buildings and a company only
heavy equipment parking, staging and storage area outside of subdivisions and historic townsites
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
NE1/4 and E1/2 NW1/4 of Section 13, Township 10
North, Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Ryder Reddick, Tetra Tech,
Inc., 1900 South Sunset Street, Suite 1E, Longmont, Colorado 80501, 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:
C4-: PL(IAO/rP), P14)(1-%1PIN) E,1-1(gO 2020-3527
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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.
1) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it;" and EP.Policy 1.1 states: "Due
to the impacts from surface impoundments and increasing public
concern about them, other alternatives for disposal should be
considered." The facility will utilize a multiple liner system, and a
solidification process in order to ensure only wastes without free
liquids are landfilled. The facility will establish multiple strategically
located monitoring wells and has developed a detailed Waste
Acceptance Plan to ensure that only wastes approved by the
County and Colorado Department of Public Health and
Environment will be received. The proposed facility is adjacent to
an existing Class II Brinewater disposal facility.
2) Section 22-4-140.6 (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale,
height, traffic, dust, noise and visual pollution."The proposed facility
is located in a rural area without residential development. The closet
residence is approximately two (2) miles to the west of the facility
on County Road 118. This facility is adjacent to an existing Water
Depot (Centennial Water Pipelines, LLC — USR12-0077) and a
Class II Brinewater Disposal, Water Recycling and a Truck Tanker
Washout Facility (NGL Water Solutions DJ, C-9 Facility —
USR14-0070).
3) Section 22-4-140.B (EP.Policy 2.1) states: "In reviewing the
operational and reclamation plans for solid and brine waste disposal
facilities, the County should impose such conditions as necessary
to minimize or eliminate the potential adverse impact of the
operation on surrounding properties and wildlife resources."
Development Standards regulating noise and regulating the
disposal of waste are included. Colorado Parks and Wildlife did not
return a referral indicating a conflict with their interests.
4) Section 22-4-140.B.2 (EP.Policy 2.2) states: "All applicable land
use applications will be reviewed by the Department of Public
Health and Environment for compatibility with federal, state and
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County statutes, regulations and ordinances." The application has
been reviewed and conditionally approved by both the Colorado
Department of Public Health and Environment and Weld County
Department of Public Health and Environment. The proposed use
is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of
Approval will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses and the region.
5) 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 zoned agricultural and are
used as rangeland, dryland agriculture and the grazing of livestock.
A number of oil and gas support and service facility operations are
located within two (2) miles of the facility, but all are topographically
upgradient to the site.
6) 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."
The land that the Pawnee Waste facility is located on is and was
originally non-irrigated rangeland that is in a very rural area where
there is a significant amount of oil and gas activity. The facility does
not inhibit the agricultural uses in the surrounding area. The facility
does complement the existing and future oil and gas activities in the
area. The nearest municipality is the Town of Grover, which is
located about three (3) miles to the northwest of the landfill. Pawnee
Waste maintains regular communication with the Town Council of
Grover, who are aware of the proposed changes to the USR permit
for the facility. Going forward, Pawnee Waste will continue to work
with the Town of Grover regarding any questions or concerns they
may have related to the facility. By taking in additional types of
waste at the facility, there will be no change related to the
compatibility of the facility as it relates to the existing surrounding
land uses. The Division of Water Resources, in the referral dated
October 21, 2020, stated "Water is supplied to the site by an
existing well with Permit no. 301910. In addition, bottled water is
provided for employees. Permit No. 301910 was issued for the use
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of up to 3.36-acre-feet of water, per year, for use in a commercial
business described as a non-hazardous oil and gas waste landfill.
This amount includes water to be used for up to ten (10) employees
and water for dust control purposes and/or equipment cleaning.
This well may continue to be used as a water supply for the landfill
facility so long as it is operated in accordance with the terms and
conditions of Well Permit No. 301910."
7) 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."
8) 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
space, buffer zones and other applicable elements of land use." In
a referral dated August 24, 2020, the Weld County Environmental
Health Services found no conflicts with their interests. The site will
utilize the existing buildings associated with USR15-0048 and the
amended permit proposes to add two (2) new buildings and a heavy
equipment parking, storage and staging yard. There will be up to
20 full-time employees that utilize the site, working 24 hours a day,
7 days a week. Water is provided by Commercial Well, DWR
Permit#301910. Sewer is provided through an existing septic
system, SP-1700327, which services the existing buildings and
scale house. 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
September 21, 2020, the CDPHE determined that Pawnee Waste
Facility could comply with the Regulations Pertaining to Solid Waste
Site and Facilities based on the revised EDOP. This approval was
contingent on specific Conditions being incorporated into the
Certificate of Designation. The applicant submitted a Drainage
Report, a Traffic Impact Study, a Waste Handling Plan, and a 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. The application has been
reviewed and conditionally approved by both the CDPHE and Weld
County Department of Public Health and Environment.
9) Section 22-4-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered
development and building envelopes, to minimize impacts on
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surrounding agricultural land."The Pawnee Waste Landfill facility is
already permitted by Weld County for exploration wastes which are
non-hazardous and may contain very low concentrations of
naturally occurring radioactive materials (NORM) and technically-
enhanced naturally occurring radioactive materials (TENORM),
pursuant to the Colorado State Statute and as defined and
regulated by the Colorado Department of Public Health and
Environment. Allowing the facility to begin to also accept C&D
Waste and Industrial Waste will help to implement this policy
because this existing landfill will be able to begin to be used to meet
the waste needs of more users without needing to permit a new
landfill or expand the footprint of this already permitted landfill. By
doing this, the areas where waste is collected in the County are
potentially limited to minimize impacts on other agricultural land in
the County.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.HH of the Weld County Code provides for solid and
hazardous waste disposal sites and facilities requiring Certificate of
Designation and Section 23-4-380.B, Pawnee Waste, LLC, has
provided evidence of a need for this type of project in Weld County
and in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The site and surrounding areas
are non-irrigated rangeland that are generally used for cattle grazing and
oil and gas facilities. Immediately to the west is a water loadout facility
permitted under USR-1787, and amended under USR12-0077 for a water
recycling and a water supply and storage upload facility and truck tanker
washout facility. Adjacent to this facility is the NGL Water Solutions DJ,
LLC, Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility,
Water Recycling and a Truck Tanker Washout Facility (USR14-0070).
Approximately one (1) mile to the west from the intersection of County
Roads 95 and 118, on County Road 118, is an oil and gas support and
service facility (commercial water depot) permitted via USR11-0019. There
are very few residences in the general area, with the nearest residential
structures to the proposed facility are as follows: Rural Residence 1 located
approximately one (1) mile north of the facility; Rural Residence 2
approximately 1.5 miles west of the facility off County Road 118; Rural
Residence 3 approximately two (2) miles southwest of the facility off County
Road 114, between County Road 390 and County Road 95; Rural
Residence 4 approximately three (3) miles south of the facility off County
Road 112, east of County Road 95, and Rural Residence 5 approximately
4.25 miles east of the facility off County Road 118, east of County
Road 105. The Weld County Department of Planning Services sent notice
to 11 surrounding property owners. Planning staff received no
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correspondence or telephone calls from surrounding property owners
within 500 feet of the parent parcel or interested persons concerning the
amendment to the USR application. The applicant has been in contact with
the surrounding property owners and have contacted them again by letter
dated August 21, 2020, concerning the proposed modification to the
Pawnee Waste Landfill.
The Conditions of Approval require that the applicant submit an updated
Emergency Action and Safety Plan and an updated Improvements
Agreement (for dust control, damage repairs to specified haul routes and
triggered off-site improvements). The Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land
uses and the region.
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 Town of Grover. The Town did not return a referral response. The
Department of Public Works will require the existing Improvements and
Road Maintenance Agreement (Document #2017-0173, Amended per
Document #2020-2400) to be reviewed and revised appropriately for this
site. Road maintenance includes dust control, damage repair to specified
haul routes, provisions addressing engineering requirements, submission
of collateral, and testing and approval of completed improvements. The
Colorado State Engineer's Office has approved a commercial well for the
commercial non-hazardous oil and gas, C&D and Industrial waste landfill.
The depth of the well will be 150 feet, which corresponds to the base of the
White River aquifer. Development Standards also address health and
safety issues, including 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 Engineering Design
and Operations Plan (EDOP).
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area, Municipal
Separate Storm Sewer System (MS4), or the Airport Overlay District.
Building Permits issued on the lot 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.B.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 240 acres
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in area and within this parcel a 74-acre area will be utilized for the Pawnee
Waste Facility. The soil type is "Prime if They Become Irrigated," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
G. Section 23-2-230.6.7 — 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 Pawnee Waste, LLC, for a Site Specific Development
Plan and First Major Amended Use By Special Review Permit, 1 MJUSR20-15-0048, for a Solid
Waste Disposal Site and Facility (a designated commercial exploration and production waste
management facility) that will receive non-hazardous wastes that may contain very low
concentrations of naturally occurring radioactive materials (NORM) and technically enhanced
naturally occurring radioactive materials (TENORM) pursuant to the Colorado State Statute and
as defined and regulated by the Colorado Department of Public Health and Environment, in
addition to accepting Construction and Demolition (C&D) Waste, and Industrial Waste, the
addition of two (2) new storage buildings and a company only heavy equipment parking, staging
and storage area outside of subdivisions and historic townsites 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 updated Communication Plan shall be submitted to, and accepted by,
the Department of Planning Services.
B. An updated Lighting Plan shall be submitted to, and accepted by, the
Department of Planning Services.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1 MJUSR20-15-0048.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the landscape treatment for the entire
facility as set forth in the EDOP.
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6) 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.
7) County Road 95 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 and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) The portion of County Road 118 west of its intersection with County
Road 95 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 and
label the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the
road on the site map or plat. All setbacks shall be measured from
the edge of the right-of-way. This road is maintained by Weld
County.
9) The portion of County Road 118 east of its intersection with County
Road 95 is a Section Line that is shown to have 60 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. The applicant shall show and label the
section line right-of-way as "CR 118 Section Line Right-of-Way, not
County maintained." All setbacks shall be measured from the edge
of right-of-way.
10) The applicant shall show and label the approved access location
(AP15-00123), approved access width and the appropriate turning
radii on the site plan.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) 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.
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13) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated volume.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (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 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 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 Operation:
A. The applicant shall develop an updated Emergency Action and Safety Plan
with the Office of Emergency Management and the Pawnee 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 9th day of December, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�
,
ATTEST: dittiv je` ,p;ii (fl\A'
"I"Rvl o�-
Mike Freeman, Chair
Weld County Clerk to the Board
Steve reno, Pro-Tem
BY:
eputy Clerk to the Board
Sco . James
AP•' o` i' O FOR�' �.� ��
t 1161 ( :• . -rbara Kirkm
.yer-k.
County Attorney '� �"�' � 2C-, 0 71
Kevin D. Ross
Date of signature: 12/17/21.
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PAWNEE WASTE, LLC
1 MJUSR20-15-0048
1. The Site Specific Development Plan and First Major Amended Use By Special Review
Permit, 1 MJUSR20-15-0048, is for a Solid Waste Disposal Site and Facility (a designated
commercial exploration and production waste management facility) that will receive
non-hazardous wastes that may contain very low concentrations of naturally occurring
radioactive materials (NORM) and technically enhanced naturally occurring radioactive
materials (TENORM) pursuant to the Colorado State Statute and as defined and regulated
by the Colorado Department of Public Health and Environment, in addition to accepting
Construction and Demolition (C&D) Waste, and Industrial Waste, the addition of two (2)
new storage buildings and a company only heavy equipment parking, staging and storage
area outside of subdivisions and historic townsites 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 24 hours a day, 7 days a week.
4. The number of on-site employees shall be up to 20, as stated in the application materials.
5. The number of commercial vehicles accessing the site daily shall be up to 137, as stated
in the application materials.
6. The parking, storage and staging areas on the site shall be maintained.
7. 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.
8. The existing landscaping on the site shall be maintained in accordance with the approved
Landscape Plan.
9. The property owner shall maintain compliance with the accepted Decommission Plan.
10. The property owner shall maintain compliance with the accepted Communication Plan.
11. 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.
12. 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.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
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14. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
15. 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.
16. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
17. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
18. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. Weld County is not responsible for the maintenance of on-site drainage related features.
21. The facility shall operate in accordance with the approved Engineering Design and
Operations Plan (EDOP). Modifications to the EDOP 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,
Weld County Department of Public Health and Environment, and the Department of
Planning Services.
22. The facility shall comply with Chapter 5, Article III, Section 5-3-30 Collection of Surcharge,
of the Weld County Code and Section 16-11 of the Weld County Home Rule Charter.
23. Operations will not extend past Certificate of Designation boundaries of the property.
24. The facility shall adhere to the conditions incorporated into the Certificate of Designation.
25. The facility shall submit evidence to the Weld County Department of Public Health and
Environment that financial assurance has been obtained in accordance with Colorado
Department Public Health and Environment regulations pertaining to solid waste sites and
facilities.
26. 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 and removed for final disposal in a manner that
protects against surface and groundwater contamination.
27. The facility shall receive and manage only those materials that are described in the
approved Engineering Design and Operations Plan (EDOP) and materials approved in
accordance with the Waste Identification Plan included in the EDOP.
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28. All waste received at the facility shall be screened to ensure appropriate wastes are being
disposed of at the facility.
29. Should recycling or beneficial use activities occur at the facility, the facility shall operate in
accordance with Colorado Department Public Health and Environment regulations
pertaining to recycling or beneficial uses at solid waste sites and facilities.
30. The facility shall be operated in a manner which protects against surface and groundwater
contamination.
31. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the approved Engineering Design
and Operations Plan and with Chapter 14, Article I, of the Weld County Code, at all times.
32. Fugitive dust shall attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations.
33. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available onsite.
34. 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.
35. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site in accordance with the approved Engineering Design and Operations
Plan.
36. Any tanks used onsite shall comply with the provisions of the State Underground and
Above Ground Storage Tank Regulations.
37. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
38. All potentially hazardous chemicals 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.
39. Any reportable spills will be reported and documented in accordance with all state and
federal regulations and records will be kept onsite for Weld County Department of Public
Health and Environment review upon request.
40. The Weld County Department of Public Health and Environment will be notified prior to
the closure of the facility. Upon site closure, the facility will comply with the Closure Plan
outlined in the approved Engineering Design and Operations Plan. Documentation of
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closure activities will be provided to the Weld County Department of Public Health and
Environment.
41. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at
all times. For employees or contractors onsite for less than two (2) consecutive hours a
day, and (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable. 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, shall contain hand sanitizers and be screened from public rights-of-way and
surrounding property owners.
42. 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.
43. In the event the facility's water system serves more 25 persons on a daily basis, the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR
1003-1).
44. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in C.R.S. §25-12-103.
45. 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.
46. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
47. 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.
48. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
49. Lighting shall be maintained in accordance with the approved Lighting Plan.
50. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
51. Building Permits shall 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
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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.
52. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
53. 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.
54. 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
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.
55. 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.
56. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
57. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
58. 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
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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.
59. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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