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HomeMy WebLinkAbout20203529 EXHIBIT -A BEFORE THE WELD COUNTY . COLORADO , PLANNING COMMISSION 13X5RZO -b11 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope , that the following resolution be introduced for passage by the Weld County Planning Commission . Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER : 1 MJUSR20- 15-0048 APPLICANT : PAWNEE WASTE . LLC PLANNER . KIM OGLE REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (A DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION WASTE MANAGEMENT FACILITY ) THAT WILL ACCEPT 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 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND OBTAIN A CERTIFICATE OF DESIGNATION , PURSUANT TO SECTION 30-20- 104 C . R . S . . 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. LEGAL DESCRIPTION : NE4/E2NW4 OF SECTION 13 , T10N , R61W OF THE 6TH P . M . . WELD COUNTY , COLORADO LOCATION : SOUTH OF AND ADJACENT TO CR 118 SECTION LINE . APPROXIMATELY 1320-FEET EAST OF CR 95 be recommended favorably to the Board of County Commissioners for the following reasons : 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 Planning Commission that the applicant has shown compliance with Section 23- 2 -220 of the Weld County Code as follows : A . Section 23-2-220 . A . 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect . 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 CDPHE will be received . The proposed facility is adjacent to an existing Class II Brinewater disposal facility . Section 22-4- 140 . B of the Weld County Code states EP . Goal 2 . 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 ) . RESOLUTION 1MJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 2 Section 22-4-140 B EP Policy 2 1 of the Weld County Code 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 Section 22-4-140 EP Policy 2 2 of the Weld County Code states All applicable land use applications will be reviewed by the Department of Public Health and Environment for compatibility with federal, state and 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 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 miles of the facility, but all are topographically up gradient to the site 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 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 their 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 also provided for employees Permit no 301910 was issued for the use of up to 3 36 acre-feet of water per year for use in a commercial business described as a non-hazardous oil&gas waste landfill This amount includes water to be used for up to ten 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" RESOLUTION IMJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 3 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 " 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,"Weld County Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for a Solid Waste Disposal Site and Facilities Pursuant to Colorado State Statute and as Defined and Regulated by Colorado Department of Public Health and Environment and obtain a Certificate of Designation,Pursuant to Section 30-20-104 C R S,in the A(Agricultural)Zone District and find no conflicts with their interests The site will utilize the existing buildings associated with the USR15-0048 permit 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 twenty(20)full-time employees that utilize the site,working 24-hours/day 7-days a week Water is proved 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 was submitted to the 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,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 Colorado Department of Public Health and Environment and Weld County Department of Public Health and Environment Section 22-4-20 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 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 23-2-220 A 2--The proposed use is consistent with the intent of the A(Agricultural)Zone District 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 RESOLUTION 1MJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 4 LLC has provided evidence of a need for this type of project in Weld County and in the A (Agricultural)Zone District C Section 23-2-220 A 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& storage upload facility and truck tanker washout facility and 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 1 mile to the west from the intersection of County Road 95 and CR 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 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 2 miles southwest of the facility off County Road 114,between County Road 390 and County Road 95, rural residence 4 approximately 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 eleven (11) Surrounding Property Owners Planning staff received no 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 letter states"Back in June, I reached out to you to let you know that we would be submitting applications to both the State and Weld County to obtain the permits necessary to accept some new types of waste at the landfill, including Construction and Demolition(C&D)and Industrial Waste At the same time, I mentioned that we'd be adding a couple of buildings to the site to accommodate the sorting of materials that could be recycled and for a truck washout building A laydown yard area was also going to be added Since then, we have decided to eliminate the requests to the State and the County that would have allowed us to sort products eligible for recycling,wash out trucks,and have a laydown yard However,while these requests for approval of other activities are being removed from the applications,we are still moving forward with requesting authorization to add two storage buildings to the site along with a heavy equipment parking area To clarify,the most current version of our application to the State and Weld County is a request for us to be allowed to begin to accept C&D waste, construct two new storage buildings on the property, and have a designated location for heavy equipment parking These changes are minor, but we wanted to let you know because of our commitment to be a good neighbor" 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 Development Standards and 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 D Section 23-2-220 A4 -- 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 RESOLUTION IMJUSR20- I5-0048 PAWNEE WASTE ; LLC PAGE 5 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 20170173 Amended per Document 20202400 ) to be reviewed and revised appropriately for this site . Road maintenance including 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 Engineers 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 safety issues including that 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 . E . Section 23-2-220 . A . 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 Program . Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs . F . Section 23-2-220 . A . 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 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 23-2-220 . A. 7 — There is adequate provisions for the protection of the health , safety , and welfare of the inhabitants of the neighborhood and County . 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 health , safety , and welfare of the inhabitants of the neighborhood and County . This recommendation is based , in part , upon a review of the application materials submitted by the applicant , other relevant information regarding the request , and responses from referral entities . The Planning Commission recommendation for approval is conditional upon the following : 1 . Prior to recording the map : per Document 20202400) shall be reviewed and revised appropriately . Road maintenance includes , but is not limited to , dust control and damage repair to specified haul routes. The , feted improvements . ( Department of Public Works) B . Engineer registered in the State of Colorado is required . (Department of Public Works) RESOLUTION IMJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 6 C An updated Communication Plan shall be submitted to and accepted by the Department of Planning Services (Department of Planning Services) D An updated Lighting Plan shall be submitted to and accepted by the Department of Planning Services (Department of Planning Services) E The map shall be amended to delineate the following 1 All sheets of the map shall be labeled 1 MJUSR20-15-0048(Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 The applicant shall delineate on the map the screened trash collection areas Section 23-3-350 H of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 5 The map shall delineate the landscape treatment for the entire facility as set forth in the EDOP (Department of Planning Services) 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 (Department of Planning Services) 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 on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way)and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Department of Public Works) 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 on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County (Department of Public Works) 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 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 (Department of Public Works) 10 Show and label the approved access location(AP15-00123),approved access width and the appropriate turning radii on the site plan (Department of Public Works) 11 Show and label the approved tracking control on the site plan (Department of Public Works) 12 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 RESOLUTION 1MJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 7 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 (Department of Public Works) 13 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 (Department of Public Works) 14 Show and label the drainage flow arrows (Department of Public Works) 15 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property (Department of Public Works) 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 one hundred twenty(120)days from the date of the Board of County Commissioners Resolution The applicant shall be responsible for paying the recording fee (Department of Planning Services) 3 In accordance with Weld County Code Ordinance#2012-3, approved April 30,2012,should the map not be recorded within the required one hundred twenty (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 (Department of Planning Services) 4 Prior to Construction A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required (Department of Public Works) 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 (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 (Department of Planning Services) RESOLUTION 1MJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 8 Motion seconded by Sam Gluck VOTE For Passage Against Passage Absent Tom Cope Gene Stile Lonnie Ford Elijah Hatch Skip Holland Dwaine Barclay Sam Gluck Butch White Troy Mellon The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 17, 2020 Dated the 17TH of November, 2020 4 Aii14112O1, Kristine Ranslem Secretary RESOLUTION 1MJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Pawnee Waste LLC 1 MJUSR20-15-0048 1 A Site Specific Development Plan and 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 accept non-hazardous wastes and 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 Colorado Department of Public Health and Environment and obtain a Certificate of Designation,pursuant to Section 30-20-104 C R S , in addition to accepting Construction and Demolition (C&D)Waste, and Industrial Waste,the addition of two(2)new storage buildings and a company owned 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 (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The hours of operation are 24-hours a day, seven days a week (Department of Planning Services) 4 The number of on-site employees shall be up to twenty (20) as stated in the application materials (Department of Planning Services) 5 The number of commercial vehicles shall be up to one hundred thirty-seven (137), as stated in the application materials (Department of Planning Services) 6 The parking, storage and staging areas on the site shall be maintained (Department of Planning Services) 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 (Department of Planning Services) 8 The existing landscaping on the site shall be maintained in accordance with the approved Landscape Plan (Department of Planning Services) 9 The Property Owner shall maintain compliance with the accepted Decommission Plan (Department of Planning Services) 10 The Property Owner shall maintain compliance with the accepted Communication Plan (Department of Planning Services) 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 (Department of Planning Services) 12 The property owner or operator shall be responsible for controlling noxious weeds on the site,pursuant to Chapter 15,Article I and II, of the Weld County Code (Department of Public Works) 13 The access to the site shall be maintained to mitigate any impacts to the public road,including damages and/or off-site tracking (Department of Public Works) 14 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized (Department of Public Works) RESOI . I l ION 1 MJUSR20- 15-0048 PAWNEE WASTE . LLC I':-\ ( ; 1 . 10 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 . ( Department of Public Works) 16 . The Property Owner shall comply with all requirements provided in the executed Improvements Road Maintenance Agreement . ( Department of Public Works) 17 . The Improvements Road Maintenance Agreement for this site may be reviewed on an annual basis , including a site visit and possible updates . ( Department of Public Works) 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 . ( Department of Public Works) 19 . The historical flow patterns and runoff amounts on the site will be maintained . ( Department of Public Works) 20 . Weld County is not responsible for the maintenance of onsite drainage related features . ( Department of Public Works) 21 . The facility shall operate in accordance with the approved Engineering Design and Operations Plan ( EDOP ) . Modifications to the Engineering Design and Operations Plan 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 . ( Department of Public Health and Environment) 22 . Operations will not extend past Certificate of Designation boundaries of the property . ( Department of Public Health and Environment) 23 . The facility shall adhere to the conditions incorporated into the Certificate of Designation . ( Department of Public Health and Environment) 24 . The facility shall submit evidence to the Weld County Department of Public Health and Environment that financial assurance has been obtained in accordance with CDPHE regulations pertaining to solid waste sites and facilities . ( Department of Public Health and Environment) 25 . All liquid and solid wastes ( as defined in the Solid Wastes Disposal Sites and Facilities Act , 30-20- 100 . 5 . C . R . S . ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination . ( Department of Public Health and Environment) 26 . The facility shall receive and manage only those materials that are described in the approved EDOP and materials approved in accordance with the Waste Identification Plan included in the EDOP . ( Department of Public Health and Environment) 27 . All waste received at the facility shall be screened to ensure appropriate wastes are being disposed of at the facility . ( Department of Public Health and Environment) 28 . Should recycling or beneficial use activities occur at the facility , the facility shall operate in accordance with CDPHE regulations pertaining to recycling or beneficial uses at solid waste sites and facilities . ( Department of Public Health and Environment) 29 . The facility shall be operated in a manner which protects against surface and groundwater contamination . ( Department of Public Health and Environment) RESOLUTION 1MJUSR20-15-0048 PAWNEE WASTE, LLC PAGE II 30 Waste materials shall be handled, stored, and disposed 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 EDOP and with Chapter 14, Article 1 of the Weld County Code, at all times (Department of Public Health and Environment) 31 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 (Department of Public Health and Environment) 32 As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on-site (Department of Public Health and Environment) 33 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, Colorado Department of Public Health and Environment, as applicable (Department of Public Health and Environment) 34 All stormwater,which has come into contact with waste materials on the site,shall be confined on the site in accordance with the approved EDOP (Department of Public Health and Environment) 35 Any tanks used onsite shall comply with the provisions of the State Underground and Above Ground Storage Tank Regulations (Department of Public Health and Environment) 36 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 (Department of Public Health and Environment) 37 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 (Department of Public Health and Environment) 38 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 (Department of Public Health and Environment) 39 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 closure activities will be provided to Weld County Department of Public Health and Environment (Department of Public Health and Environment) 40 Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time employees on site,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 ROW and surrounding property owners (Department of Public Health and Environment) 41 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 (Department of Public Health and Environment) 42 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) (Department of Public Health and Environment) 43 The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment) RESOLUTION 1MJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 12 44 Analytical waste data and environmental monitoring data shall be made available to Weld County Department of Health and Environment upon request The Weld County Department of Health and Environment reserves the right to require additional monitoring (Department of Public Health and Environment) 45 The facility shall notify the County of any revocation and/or suspension of any State issued permit (Department of Public Health and Environment) 46 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issues permit,and of the outcome or disposition of any such compliance advisory or other notice of non-compliance (Department of Public Health and Environment) 47 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code (Department of Public Health and Environment) 48 Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning Services) 49 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 (Department of Planning Services) 50 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 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, 2018 International Residential Code, 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 (Department of Building Inspection) 51 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code (Department of Planning Services) 52 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 (Department of Planning Services) 53 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 (Department of Planning Services) 54 The property owner or operator shall be responsible for complying with all of 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 (Department of Planning Services) 55 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 RESOLUTION 1MJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 13 56 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 57 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 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 person moving into these areas must recognize the various impacts associated with this development Often times, 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 58 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States,typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms,those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities will generate off-site impacts,including noise from tractors and equipment,slow-moving farm vehicles on rural roads, dust from animal pens,field work, harvest and gravel roads,odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved"out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the size of the State of Delaware)with more than three thousand seven hundred (3,700)miles of state and county roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance,and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads,no matter how often they are bladed, RESOLUTION IMJUSR20-15-0048 PAWNEE WASTE, LLC PAGE 14 will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas,in many cases,will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood EXHIBIT 12) PC tck\ ALAk3 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 1 n 12--o-?-O Tuesday . November 17 , 2020 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair, Elijah Hatch , at 12 : 30 pm . Roll Call . Present : Gene Stifle , Tom Cope , Elijah Hatch . Skip Holland , Sam Gluck , Butch White . Absent : Lonnie Ford . Dwaine Barclay , Troy Mellon . Also Present : Kim Ogle and Diana Aungst , Department of Planning Services ; Lauren Light and Ben Frissell , Department of Health ; Melissa King , and Zackery Roberson , Department of Public Works ; Bob Choate , County Attorney , and Kris Ranslem , Secretary . CASE NUMBER : 1MJUSR20- 15-0048 APPLICANT: PAWNEE WASTE , LLC PLANNER : KIM OGLE REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT 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 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND OBTAIN A CERTIFICATE OF DESIGNATION . PURSUANT TO SECTION 30-20- 104 C . R . S . . 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 . LEGAL DESCRIPTION : NE4/E2NW4 OF SECTION 13 , T1 ON , R61 W OF THE 6TH P . M . . WELD COUNTY . COLORADO . LOCATION : SOUTH OF AND ADJACENT TO CR 118 SECTION LINE . APPROXIMATELY 1320- FEET EAST OF CR 95 Kim Ogle , Planning Services , presented Case 1 MJUSR20- 15-0048 , reading the recommendation and comments into the record . Mr. Ogle noted that no correspondence or telephone calls from surrounding property owners were received with interest in this project . Pawnee Waste has updated the Waste Acceptance Plan and is part of the EDOP . The Waste Acceptance Plan is in place to ensure that only wastes approved by the County and CDPHE will be received at the facility . In addition to the modification of waste streams and acceptable wastes . Pawnee Waste seeks to add two (2 ) new storage buildings . No onsite chemicals or hazardous materials will be stored in these buildings . Additionally , a company owned heavy equipment parking staging and storage area is also requested . The Department of Planning Services recommends approval of this application with conditions of approval and development standards . Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for the site . Ms . King stated that the existing Road Maintenance Agreement has been reviewed and found to be acceptable : therefore , Staff is requesting that Condition of Approval 1 . A be deleted and that Development Standards 16 and 17 be revised to refer to the Road Maintenance Agreement . Additionally . Ms . King noted that the applicant has submitted a final drainage report with detention pond design , and it has also been found to be acceptable ; therefore , Staff requests that Condition of Approval 1 . B be deleted . Ben Fussell, Environmental Health, reviewed the public water and sanitary sewer requirements,the revised Engineered Design Operations Plan, on-site dust control, and the Waste Handling Plan Ryder Reddick,Tetra Tech, 1900 South Sunset Street, Longmont,Colorado,stated that the Pawnee Waste location benefits the energy community by providing a convenient location near a large portion of the oil and gas operation sites in Weld County Pawnee Waste is dedicated to responsible waste management that meets an industry need and is in high demand in Weld County,while protecting the environment The design of the facility exceeds regulatory standards and the Operations Plan is rigorous and meticulous because they are committed to protecting the environment Pawnee Waste is requesting to expand the types of wastes that this facility can accept Presently, the facility is only permitted to accept E&P waste and with the downturn in the oil and gas industry over the last year,this has made doing business a challenge in general Therefore,they are seeking to expand the types of waste streams that they may accept so they can begin to accept construction and demolition waste as well as industrial waste These waste streams are all nonhazardous wastes and can be safely accepted at this disposal facility as it is currently designed Additionally,they are requesting the addition of two(2)new storage buildings and a company owned heavy equipment parking,staging and storage area for the facility Mr Reddick stated that no chemicals or hazardous materials will be stored in these buildings Additionally, they have included a berm to the west of the parking area for visual mitigation It is estimated that they could employ up to 20 employees and accept up to 137 truckloads of waste per day Mr Reddick stated that by allowing this waste stream it will help reduce truck trip miles on county roads and reduce air emissions from trucks Commissioner Gluck asked what the make-up is of the C&D Waste Casey Lauer, Pawnee Waste, 800 8th Avenue, Greeley, Colorado, stated that the majority of the C&D waste will consist of wood, drywall, metal, concrete and all of the renovation materials from any major projects of new construction and demolition Mr Gluck asked if it is things such as ferrous irons that could be recycled Mr Lauer said that some of it could be recycled at some point, however, they do not have it set up as a recycling facility, but they would like to pursue that in the future In response to Commissioner Cope's question, Mr Lauer said that asbestos would not be allowed as it is a hazardous material Mr Cope referred to 137 trucks coming to the facility He added that right now a lot of that is oil and gas waste and the applicant is requesting to expand that because of the downturn of the oil and gas industry, but what happens when the oil and gas industry picks back up He asked if the number of truck trips will still remain at 137 or how will it be controlled and maintained Mr Reddick stated that 137 truck trips were at maximum capacity and that would include full capacity from the oil and gas industry If there was a huge influx in the area, they would have to amend the permit and it would be heard again by the Planning Commission and Board of County Commissioners Commissioner Cope referred to the comment regarding reduction in travel but so much of the construction waste isn't from the Grover area and it is more from the Greeley, Severance, and Windsor area Mr Lauer said that was correct and added that a lot of that has to do with minimizing the amount of traffic on the road going to Ault which is the only facility that accepts that waste currently Mr Cope clarified that it would alter the travel pattern but not really reduce traffic Commissioner Holland said that there are three different types of wastes going to the facility now and asked if each of those types of waste require a liner Mr Lauer said that each type of waste is basically its own subcategory and their liner system is built to handle multiple waste streams He added that it is built beyond the standard requirements Commissioner Stifle asked how many monitoring wells there are Mr Lauer replied that there are seven (7)staggered monitoring wells throughout the property Mr Stifle asked if there is lighting 24/7 at the facility Mr Lauer said that there are some wall packs and an overhead street light above the scale house and all light is directed away from the surrounding property Commissioner Stille asked if they had taken any noise levels Mr Reddick replied that they have not taken noise levels and said that due to the remoteness of the site they have not received any complaints on noise He added that the nearest residence is 1 5 miles to the west of the facility, and it hasn't been an issue The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak Vice Chair Stile asked Staff if they had any changes to the Resolution Mr Ogle referred to Public Works recommendation to remove Conditions of Approval 1 A and 1 B Motion Delete Conditions of Approval 1 A and 1 B, Moved by Tom Cope, Seconded by Sam Gluck Motion carried unanimously Mr Cope also noted that Public Works requested changes to Development Standards 16 and 17 Ms King added that they would like to revise Development Standards 16 and 17 by changing "Improvements Agreement"to"Road Maintenance Agreement" Motion Amend Development Standards 16 and 17, as requested by Staff, Moved by Tom Cope, Seconded by Skip Holland Motion carried unanimously The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case 1 MJUSR20-15-0048 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded by Sam Gluck Vote Motion carried by unanimous roll call vote(summary Yes=6) Yes Butch White, Elijah Hatch, Gene Stifle, Sam Gluck, Skip Holland, Tom Cope Meeting adjourned at 2 32 pm Respectfully submitted, 4 2Ld Anthiru Kristine Ranslem Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip kqtve1 `� c cC Caetc?z5a) Jer ,€.,,PetiiCc v`t SitC4C6cCfr1 (, L66c , errs4 43/41/11/1 ' 1-d11:71_ 7.471 --"Ea- GISCPN-744,Q NPIQikj2L->Y1 CO (SiiQW/0 ) k) 6114+0 /0 eve I /L eat CR,E1 �� 7985 (//4„,e tvatzos4, A-- 2_341b4-194.) 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