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Home My WebLink About20203544HEARING CERTIFICATION DOCKET NO. 2020-73 RE: 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 - PAWNEE WASTE, LLC RE: OBTAIN A CERTIFICATE OF DESIGNATION, CD20-0001, PURSUANT TO C.R.S. §30-20-104 A public hearing was conducted on December 9, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Public Works Department representative, Melissa King Health Department representative, Ben Frissell The following business was transacted: e I hereby certify that pursuant to a notice dated November 24, 2020, and duly published November 27, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request 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 and obtain a Certificate of Designation, CD20-0001, pursuant to C.R.S. §30-20-104, in addition to accepting Construction and Demolition (C&D) Waste, and P W (Mrc. /Dm) EA (3), C,A(&c) IL/2.2f 2O 2020-3544 PL2442 HEARING CERTIFICATION - PAWNEE WASTE, LLC (1MJUSR20-15-0048 AND CD20-0001) PAGE 2 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. Bob Choate, Assistant County Attorney, made this a matter of record. ▪ Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, described the general location of the site and surrounding uses, and indicated Planning staff sent notice to 11 surrounding property owners (SPOs) and received no correspondence regarding the application. He relayed the applicant has updated their Waste Acceptance Plan, is part of an Engineering Design and Operations Plan (EDOP) and provided specifications of the proposed additional buildings. He stated the site operates 24 hours a day, outlined the facility Closure Plan, and mentioned 14 referrals were sent out and two (2) agencies responded. Mr. Ogle entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. e Melissa King, Department of Public Works, stated there is a permitted, existing access onto County Road (CR) 95, at the intersection of CR 118, and there are no additional accesses proposed. She provided the daily roundtrips and average speeds for CR 95 and CR 118 and noted there is no expected change in traffic counts or haul routes, due to the amendment. She relayed the existing Improvements and Road Maintenance Agreement is acceptable and presented the drainage requirements. e Ben Frissell, Department of Public Health and Environment, stated water will be provided by a commercial well and sewage disposal will be provided by an existing septic system. He indicated a revised EDOP was submitted to the Colorado Department of Public Health and Environment (CDPHE), who determined the facility can comply with the solid waste site regulations and noted Development Standards (DS) #21-47 address Environmental Health items. e Ryder Reddick, Tetra Tech, Inc., represented the applicant and shared a PowerPoint presentation (Exhibit E) providing information about Pawnee Waste, LLC, as a company, and displayed the facility vicinity and site location map. He explained the purpose of application, described the proposed site plan, facility infrastructure, access location, facility traffic projections, and the access and constructed roadway to the facility entrance. He outlined the benefits of expanding the waste stream as being the need for another regional facility, the re -allocation of truck trips and the reduction of miles on county roads, and the reduction of operational costs for local business. He relayed the applicant's commitment to safety and environment, the environmental protection measures in place, the community outreach that occurred, Pawnee Waste's community involvement, and stated they have met the criteria for USR approval and are in agreement with all of the Conditions of Approval (COA) and DS. IR In response to Commissioner Moreno, Mr. Reddick confirmed it is a 24 hour a day, 7 day a week operation, noting most work is done during daylight hours. Responding to Commissioner Kirkmeyer, Casey Lauer, Pawnee Waste, LLC, provided the definition of industrial and wet waste, and confirmed the facility will accept packing material and solar panels. IR No public testimony was offered concerning this matter. 2020-3544 PL2442 HEARING CERTIFICATION - PAWNEE WASTE, LLC (1MJUSR20-15-0048 AND CD20-0001) PAGE 3 IE In response to Commissioner Kirkmeyer, Mr. Frissell confirmed the facility is subject to Weld County's surcharge and further stated the facility is current on their surcharge payment. e Responding to Commissioner Kirkmeyer, Mr. Ogle clarified the need for COA #1.A (Communication Plan), and COA #1.B (Lighting Plan) and Commissioner Kirkmeyer suggested adding, "accessing the site daily' to DS #5 (number of commercial vehicles). There was discussion about DS #8 (Landscape Plan), Mr. Frissell explained DS #21 (facility shall operate in accordance with the approved EDOP) and, in turn, Commissioner Kirkmeyer suggested adding the language, "Weld County Department of Public Health and Environment, and the Department of Planning Services", and also adding DS #22 (facility shall comply with the Collection of Surcharge). The Board agreed to all of the aforementioned changes. (Clerk's Note: DS #16 and 17 (Road Maintenance Agreement) were modified per a Memorandum from staff and approved as presented to the Board.) e No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. 6 In response to Chair Freeman, Mr. Reddick indicated he had reviewed and, on behalf of the applicant, agreed to abide by, the Conditions of Approval and Development Standards, as amended. E Commissioner Moreno moved to approve the request 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, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner James, and it carried unanimously. e Chair Freeman called up Certificate of Designation, CD20-0001, and following discussion between the Board and staff the following changes were made. A new COA #1 was added and reads, "Compliance with this Certificate of Designation (CD) requires the owner/operator maintain compliance with the approved USR Permit', COA #2 was modified to read, "Compliance with this Certificate of Designation (CD) requires the owner/operator comply with the attached Engineering Design and Operations Plan (EDOP) and any future County and CDPHE Department -approved EDOP conditions, including both Department -approved amendments to the EDOP and Department -approved stand-alone plans necessary to comply with the Solid Waste Act and Regulations. Violation of the EDOP, as amended constitutes a violation of this CD. This CD need not be amended upon EDOP amendment unless required by the Weld County governing authority", and a new COA #4 was added and reads, "Any transfer or change in ownership or 2020-3544 PL2442 HEARING CERTIFICATION - PAWNEE WASTE, LLC (1MJUSR20-15-0048 AND CD20-0001) PAGE 4 operator requires notification of the Board of County Commissioners." The Board agreed to all of the aforementioned changes. e Hunter Hoshiko, Poudre Valley Capital, questioned the distinction of a minor versus a major amendment. Mr. Frissell explained this case was determined to be major due to the fact the facility was requesting to take in two (2) new waste streams, and in the future, the determination of a minor versus a major amendment can be determined by the director of the Department of Planning Services. In response to Chair Freeman, Mr. Reddick indicated he had reviewed and, on behalf of the applicant, agreed to abide by, the Conditions of Approval, as amended. Ei Commissioner Moreno moved to approve the Certificate of Designation, CD20-0001, pursuant to C.R.S. §30-20-104, with the Conditions of Approval, as amended. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 1:44 p.m. This Certification was approved on the 14th day of December, 2020. ATTEST: ;a�(-) G �K Weld County Clerk to the Board BY: eputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i Mike Freeman, Chair Steve oreno, Pro-Tem K. James CCU Kevin D. 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