HomeMy WebLinkAbout20170173BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For:
Pawnee Waste, LLC — USR15-0048
DEPARTMENT: Public Works DATE: 12/14/2016
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from the applicant, Pawnee Waste, LLC requesting that the
Board of County Commissioners consider approving the Improvements Agreement for the solid waste disposal
site (USR15-0048), located on CR 118 section line right of way, east of CR 95.
Adjustments have been made to this Improvements Agreement in Part 1 Section A 1.2, to include the submittal
of 30% construction plans prior to operation. Also, Part 1 Section C (On -Site Improvements) has been removes)
as it is not applicable.
RECEIVED
DEC 2 2 2016
WELD COUNTY
COMMISSIONERS
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned
signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements", are found to be acceptable. The Agreement has been signed by Jay
McDonald/Public Works Director.
The Department of Public Works received a request from the applicant, Pawnee Waste, LLC, requesting that the Board of
County Commissioners consider accepting off -site collateral in the form of a company check (Pawnee Waste, LLC) in the
amount of $2,400.00, for the above -mentioned Improvements Agreement.
What options exist for the Board?
I. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending
approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements and the acceptance of off -site collateral for (USRI 5-0048), and that this item be placed on the next regularly
scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Pawnee Waste, LLC — USR 15-0048
THIS AGREEMENT is made this CM day ofttfrllef/, 2016 , by and between Pawnee
Waste, LLC, hereinafter referred to as "Property Owner," and the County of Weld, by and through
its Board of County Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review USR 15-0048, referred to as "the Property," which has been approved by the
County, and
WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic
for an extended period of time; and
WHEREAS, the County, and Property Owner are desirous of agreeing to terms involving
regulation of haul routes, traffic control, and road wear arising from such additional traffic.
WHEREAS, as a condition of approval of USR 15-0048, the Property Owner agrees to
complete the improvements required by this Agreement; pursuant to Exhibit A (Costs) and Exhibit B
(Schedule) which are included, and depicted in the Plat Map and, if applicable, the set of accepted
Construction Plans, copies of which shall be attached to this Agreement as they become available and
made a part hereof, as Exhibits C (Plat Map), found at reception number 4280434 and D
(Construction Plans), found at reception number N/A respectively, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all off -site
improvements required by this Agreement before the Property Owner submits and receives approval
of an application for a Grading Permit, Building Permit or for a Right -Of -Way Permit for construction
of accesses and work within the County and/or State of Colorado Right -Of -Way, or at a time
determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
Part I (of 2): Site Specific Provisions
A. Required Off -Site Improvements:
1.0 Weld County Roads: The Property Owner shall be responsible for the construction and
maintenance of the following off site safety improvements, as described in the accepted Exhibit C
(Plat Map) and/or Construction Plans (Exhibit D):
1.1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into CR 95 right-of-way (ROW);
1.2 Submittal of 30% construction plans prior to operations. Roadway improvements will
be required when significant damage or use causes increased maintenance. The applicant will
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pay their proportional share of the upgrade and paving of the roadway based on traffic volume
to and from the site. In calculating the applicant's proportional share, the applicant shall be
credited the amount incurred for construction plans prepared and submitted prior to operation.
1.3 Drainage installations;
1.4 Signage Installations;
1.5 Standard County approved tracking control, placed across the entire width of the
roadway, to ensure a complete revolution of the truck tires in order to minimize the tracking
of mud and debris onto the adjacent County Road;
Granting of any new point of access may generate additional obligations with County for Off -
Site Improvements and the need to post additional "Road Maintenance Collateral", if applicable. A
County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated
improvements and for all expenses associated therewith.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions
or considerations granted by the Board of County Commissioners, Property Owner shall not be
required to complete the aforementioned offsite improvements until the Property Owner has obtained
a Grading Permit and Building Permit if applicable, and is ready to begin construction of the on -site
improvements.
B . Haul/Travel Routes
1.0 Established Haul Routes from the facility access point:
1.1 Exiting or entering the site: haul vehicles shall enter or exit the site at the approved accesses
onto CR 95, and proceed south along CR 95 until CR 112. At CR 112 haul vehicles shall
proceed west on CR 112 to CR 390 for further dispersal. Any County and/or CDOT roads
routinely utilized by USR haul traffic may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -
mentioned haul route, the County may approve a deviation for a limited period of time (not
more than thirty days). If County approves such deviation, haul vehicles will utilize paved
county roads whenever possible. A deviation from the established Haul route lasting more
than thirty (30) days or requests for two or more deviations within a twelve month period
shall be subject to the terms of Section B.4.0. In the event that haul route traffic, in excess
of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions
of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement.
3.0 Haul Route Signage(If Applicable): Property Owner shall install haul route signs, as per
MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the
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facility and which clearly depict County approved haul routes.
4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use of
unpaved County road may require dust control or paving of such roads, as defined by an amended
agreement. In such circumstance, County will determine the proportionate share of dust control
and/or paving costs to be paid by Property Owner based upon then current vehicle trip counts that
identify traffic loading due to Property Owner's facility. The amount and extent of dust control and/or
paving measures will be determined by site -specific conditions at the time, as determined exclusively
by County personnel.
5.0 Off -Site Dust Control/Abatement: The Property Owner is required to provide dust abatement
along affected Haul Route Roads approximately two to five times per year, as determined by the
County. County will determine the proportionate share of dust control to be paid by Property Owner.
The amount and extent of dust control measures will be determined by site -specific conditions at the
time, as determined exclusively by County personnel. The County reserves the right to install traffic
counters on the driveway(s) of the Property Owner's facility. The County will have sole
responsibility for determination of the percentage of haul route traffic on all affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially
responsible for the excavation, repair, and patching of any damage on current or future haul route
roads, which in the sole opinion of County has been created by vehicle traffic to and from the Property.
Should Property Owner's site activities or vehicle circulation patterns change in the future so that
County approves an alternate haul route, and all or a significant portion of Property Owner's sourced
traffic no longer utilizes the above -described haul route and instead utilizes other portions of County
roads, Property Owner shall cooperate with County in maintenance of said roads which are included
within the new haul route. The type and method of repair will be determined by the County Engineer
or his representative. Repairs shall commence within 48 hours of notification by the County for any
roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other
repairs shall commence within thirty (30) days of receipt of Weld County's written notice.
6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible ("Significant Damage"), County shall, after inspection, notify Property
Owner of such Significant Damage. Property Owner shall identify the repair required and
shall consult with County on the extent, type, timing, materials and quality of repair (i.e.
temporary versus permanent) within twenty-four (24) hours after receipt of such notice
and shall commence such repair within forty-eight (48) hours after receipt of such notice.
If such repair is not commenced within such forty-eight (48) hour period, County shall
have the right to draw on the Road Maintenance Collateral and use such funds to perform
such repair. If Property Owner identifies Significant Damage prior to receiving notice
thereof from County, Property Owner may commence repair of such Significant Damage
and shall concurrently notify County of the extent, type, timing, materials and quality of
repair (i.e. temporary versus permanent).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety, and
welfare, and has budgeted sufficient funds for the following calendar year to pay its share
of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing
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that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of
its receipt of County's notice of the need to undertake the road maintenance repairs and/or
improvements, Property Owner shall submit Off -Site Construction Plans and Cost
Estimates to County for review. Property Owner shall have sole responsibility for the
completion of the repairs and/or improvements on or before December 15 of the year
following County's notice of the need for repairs.
6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements
will be calculated as described in this Agreement.
7.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation
of Property Owner and all other Property Owner and/or Lessees who are required by County to
participate in road improvement/maintenance agreements. As a result of the annual inspection,
County, in its sole discretion, shall determine actual conditions and shall further determine what road
repair/improvement/maintenance work is to be performed during that construction season.
Notification to the Property Owner of the required roadway repairs will be given as soon as the data
becomes available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections and/or railroad crossings, the
County may require Property Owner to pay a proportionate share of the cost of the entire project.
Future improvements will be subject to any Federal, State or County regulations in place at the time
the improvement project is initiated. Property owner will be responsible for its proportionate share
for the installation of safety improvements to help prevent traffic from turning into oncoming traffic,
at the intersections of CR 95 and CR 112, and CR 112 and CR 390, when deemed appropriate by
Weld County for the safety of the traveling public.
Due to the increased traffic volumes at the facility below is a list of triggers for the improvements
for the upgrading, widening, and/or paving of County maintained roads in the area of the facility
'entrance:
a. 200 vehicles per day Mag-Chloride
b. 300 vehicles per day Alternate Pavement
c. 400 vehicles per day Asphalt Pavement
The site shall not exceed 324 vehicles per day.
Other roadways Improvements may be triggered due to heavy truck traffic associated with the
facility including additional turn lanes onto CR 95; the following is a list of the triggers for turn
lanes:
a. 25 vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10 vph turning left into the facility during a peak hour.
9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage
increases beyond the point that repair of damage cannot maintain the road in a safe and usable
condition, Property Owner shall pay a proportionate cost of a complete road restoration. Notification
to the Property Owner of the required roadway replacements will be given as soon as the data becomes
available and typically takes place before the end of the year prior to the start of the replacement
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project.
10.0 Proportionate Share of Road Maintenance Responsibilities:
10.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement,
paving, repairs, maintenance, improvements, or future road replacement of any particular
Haul Route Road. Property Owner's Proportionate Share shall be based upon the
percentage of traffic on the road that is attributable to Property Owner's facility. County
personnel will determine the percentage based on then current Equivalent Single Axle
Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not
sourced from the Property Owner's facility.
10.2 The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs. Prior to County's final
determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection
methodology, and determinations. The County shall review and consider Property
Owner's input prior to making a final determination and assessment. The County shall
have sole responsibility for determination of Property Owner's proportionate share of
costs.
11. Road Maintenance Collateral: Property Owner shall post Road Maintenance Collateral as
described by Part 2 of this Agreement.
"End of Part 1"
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U:\Engineering\PLANNING - DEVELOPMENT REVIEW\ -2015 Planning Referrals\USRIS\USR15-0048 Pawnee Waste\Improvements
Agreement\Pawnee Waste (USR 15-0048) - Part 1 Final IA (11-30-16).docx
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Pawnee Waste, LLC — USR 15-0048
Part 2: General Provisions
A. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on the
accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both
of which are attached hereto and incorporated herein by reference.
1.1
The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road improvements on
public rights -of -way or easements and all improvements interior on the Property for
approval prior to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights -of -way and Dedication of Right -of -Way: If necessary, Property Owner agrees to
acquire any property interests, such as right-of-way, utility or access easements, necessary to
complete any improvements required by this Agreement. Any rights -of -way to be dedicated to the
County shall be conveyed by appropriate deed and, after acceptance by the County, recorded in
the records of the Weld Count Clerk and Recorder.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and Plat Map, be solely responsible
for all associated costs. All improvements must be completed in accordance with the schedule set
forth in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension
of time upon application by the Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings accepted by
the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or construction;
and shall furnish copies of test results to the County. If County discovers
inconsistencies in the testing results, Property Owner shall employ at its expense a third
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party qualified testing company approved by County. Such third party shall furnish the
certified results of all such testing to the County.
3.3 At all times during said construction, the County shall have the right to test and inspect,
or to require testing and inspection of material and work, at Property Owner's expense.
Any material or work not conforming to the approved plans and specifications,
including but not limited to damages to property adjacent to the construction plan area
shall be repaired, removed or replaced to the reasonable satisfaction of the County at
the expense of Property Owner.
3.4 Permits. Property Owner must still apply for and abide by the terms of any necessary
right-of-way permits, grading permits, and building permits. No work may occur in the
County's right-of-way without a County -issued right-of-way permit and access permit.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from
any and all liability loss and damage County may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable expenses and attorney fees
incurred by County in defending such suit, action or claim whether the liability, loss or damage is
caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross
negligence of the County or its employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the improvements shall maintain
adequate worker's compensation insurance and public liability insurance coverage, and shall
operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
5.0 Acceptance of Off -Site Improvements by the County: Upon written request by the
Property Owner, the County shall accept the Property Owner's off -site improvements, such
acceptance not to be unreasonably withheld or delayed, if the following conditions are met:
• The off -site improvements have been completely constructed, and
• The Property Owner's Engineer has filed a Statement of Substantial Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5.1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the BOCC.
5.3 County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the
schedule shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the USR improvements in that phase of the USR is satisfactory
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to the County, and all terms of this Agreement have been faithfully kept by Property
Owner.
6.0 Warranty Period: Property Owner agrees to warrant the improvements for two years from
the date the improvements are accepted by the County. Upon completion of the two-year warranty
period and at the request of the Property Owner, the County Engineer shall inspect the
improvements and direct the Property Owner to correct any deficiencies. The County Engineer
shall re -inspect after all corrections have been completed. If the County Engineer finds that the
improvements are constructed according to County standards and the accepted Construction Plans,
he/she shall recommend full acceptance. Upon receipt of the County Engineer's unqualified
recommendation for acceptance, the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Property Owner to provide collateral
to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for
completion of off -site improvements described in this Agreement; (2) Warranty Collateral required
for all improvements during the warranty phase; and (3) Road Maintenance Collateral (If
Applicable) to be kept in place for the life of the permit.
7.1 Project Collateral — Property Owner shall submit Project Collateral in a form accepted
by Weld County to guarantee completion of any off -site improvements. Such collateral
must be equivalent to One -Hundred Percent (100%) of the value of the improvements
as shown in this Agreement. This collateral must be submitted to County upon the
execution of this Agreement, or at a time determined acceptable by the BOCC, and
shall be held in total by County until such improvements are accepted and collateral is
released by the BOCC.
7.2 Warranty Collateral for all off -site improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2, Section 3.
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Property Owner has
violated any of the terms of this Agreement, County shall so notify Property Owner and shall state
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with specificity the facts and circumstances which County believes constitute the violation.
Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate
compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise
provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Property Owner's complete cessation of all activities permitted by the USR. A
partial cessation of activities shall not constitute a Termination of this Agreement, nor
shall County's issuance of a partial release constitute a Termination. Unless informed
in writing by the Property Owner of cessation of activities, and verified by the County,
cessation shall be presumed if the County determines that the USR has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or
Warranty Collateral unless and until the improvements required by this Agreement are
completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Property Owner or
Operator who has purchased the Property or has assumed the operation of the business
permitted by the USR, and intends to make use of the rights and privileges available to
it through the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from
this Agreement after the successful completion of all improvements required under this
Agreement, which may be completed by County after accessing Property Owner's
collateral if Property Owner fails to complete such improvements.
3.0 Revocation of USR: Property Owner acknowledges that failure to comply with the material
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole reasonable discretion by proceeding with revocation under the then current provisions
of the Weld County Code.
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
access any collateral provided by Property Owner in order to complete the improvements required
under this Agreement, if Property Owner fails to do so for any reason, after receiving notice of a
violation of the terms of this Agreement as provided herein.
5.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall be necessary to access collateral for the purpose of
completing improvements as described above.
C. Miscellaneous Provisions.
1.0 Definitions:
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1.1 All references in this Agreement to "County Engineer" shall refer to the any individual
or individuals appointed by the County Engineer to act on his/her behalf.
1.2 All references to "Haul Routes" include identified travel routes for subdivisions;
references to "haul vehicles" include subdivision vehicular traffic, as applicable.
1.3 All references to "Property Owner" shall include any individual or entity, including an
"Operator", who is acts on behalf of the Property Owner regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Property Owner without the express written consent of County and the written
agreement of the party to whom the obligations under this Agreement are assigned. Property
Owner's release of its obligations shall be accomplished by County's execution of a new
Improvements Agreement with the successor owner of the property. Consent to a delegation or an
assignment will not be unreasonably withheld or delayed by County. County's rights and
obligations under this Agreement shall automatically be delegated, transferred or assigned to any
municipality which, by and through annexation proceedings, has assumed jurisdiction and
maintenance responsibility over the roads affected by this Agreement. All of the terms and
conditions set forth in this Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of Property Owner, and upon recording by the County,
shall be deemed a covenant running with the land herein described.
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
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thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Property
Owner agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized
and that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Property Owner shall provide the County
with proof of Property Owner's authority to enter into this Agreement within five (5) days of
receiving such request.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
Page 11 of 12
4281891 Pages: 11 of 13
02/28/2017 01:40 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
PNtairdAlik 1I 111
TITLE (If Applicable)
STATE OF COLORADO
County of Weld
PROPERTY OWNER
SIGNATURE
PRINTED NAME j/LS gsr- ? _ �/ebes.
reSIde
SS.
Cc
Th
ALEXANDRA BERIOZKIN
NOTMY PUBLIC • STATE OF COLORADO
Notify Identification 120154021692
NI Commission Eapices 6/2/2019
-fly
ThF foregoing instrument was acknowledged before me this G day of ft e rt k r , 2016,
,h
by (hrisl er te bi etizh�
WITNESS my hand and official seal.
ATTEST: darrifelti v•
Weld Co ty Clerk to the
BY:
Deputy Cle to the
APPROVED AS TO FORM:
! _•A
County Attorney
{
Notary Public
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
)(7
ulie A. Cozad, C
APPROVED AS TO B :S ANCE:
El ' ed Offic . or Dep. ment Head
JAN 1 1 2017
U:\Engineering\PLANNING — DEVELOPMENT REVIEW\ -2015 Planning Referrals\USR15\USR15-0048 Pawnee Waste\Improvements
Agreement\Pawnee Waste (USR15-0048) - Part 2 Final IA (11-30-16).docx
Page 12 of 12
4281891 Pages: 12 of 13
02/28/2017 01:40 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
off/ 7-0llo
ifiliVeldi HIRAI ' ini 11111
EXHIBIT A - Cost Sheet
Name of Facility: Pawnee Waste E&P Landfill Ellin /Case #: USR15-0048
Location: SI3. TlON. R61W
Personnel Contact: Name Jane Witheridge
Title: Project Manager
Phone: 970-222-4243
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements
(OFF -SITE IMPROVEMENTS)
,PUBLIC
WORKS,
cost ($)
Road Maint. Collateral (per Sec. E.-7.5)
(Paved Road = S3600 Gravel Road = S2400)
$2,400
TOTAL COST (5)
$2,400
EXHIBIT B - Time Schedule
FINAL ESTIMATED COMPLETION DATE FOR PROJECT
Fall 2017
EXHIBIT A (Cost Sheet) & EXHIBIT B (Time Schedule) - Signature Portion
The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this
provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
Applicant/Le ee/Property Owner
earbf &,r-• Die/ilev-
Printed Name
Pre n
Title
By:
Applicant/Lessee/Property Owner
Printed Name
Title
Date Peat', Qr Cl 20 14
4281891 Pages: 13 of 13
02/28/2017 01:40 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder Weld County, CO
1111 Mfr rrQ J'rai1IKcsr p 1�W 0:614Milliiiik 11 II
Date , 20
I
PAWNEE WASTE LLC
3003 E HARMONY ROAD, SUITE 300
FORT COLLINS, CO 80528-9627
CHASE O
JPMorgan Chase Bank. N.A.
www.Chase.com
23-101/1020
PAY TO ORDER OFE V ` l C�un/ ,9,44/7c Wr'j beifirt.97,77�
0
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DOLLARS
AUTHOJZED SIG •T RE
6
erlanlarMIPME
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0048, FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (A
DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION WASTE
MANAGEMENT FACILITY THAT WILL RECEIVE EXPLORATION AND PRODUCTION
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 COLORADO STATE
STATUTE AND AS DEFINED AND REGULATED BY COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT 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 28th day of
September. 2016, 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. 57996 CR 95. Grover, CO 80729. for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0048, for a Solid Waste
Disposal Site and Facility (A Designated Commercial Exploration and Production Waste
Management Facility that will receive 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
Colorado State Statute and as defined and regulated by Colorado Department of Public Health
and Environment 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,
Range 61 West of the 6th P M., Weld County.
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Pam Flora and
Janet Johnson of TetraTech. 1900 S. Sunset, Suite 1E, Longmont. CO 80501, and Jeff Rusch of
Golder Associates. 44 Union BLVD, Suite 300, Lakewood, CO 80228. and Gene Coppola. P.O.
Box 630027. Littleton, CO 80163. 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
1 The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
-tt
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SPECIAL REVIEW PERMIT (USR15-0048) - PAWNEE WASTE, LLC
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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) 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 (CDPHE) will be received. The proposed facility is
adjacent to an existing Class II Brinewater Disposal Facility.
2) Section 22-4-140.B 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 and is adjacent to an existing
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.1 (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 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
County statutes, regulations and ordinances. " The application has
been reviewed and conditionally approved by both the CDPHE and
Weld County Department of Public Health and Environment
(WCDPHE).
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SPECIAL REVIEW PERMIT (USR15-0048) - PAWNEE WASTE. LLC
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Section 23-2-230 B 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.1 of the Weld County
Code provides for Solid Waste Disposal Sites and Facilities or hazardous
waste disposal sites. Pursuant to Weld County Code section 23-4-380.B,
the Board of County Commissioners finds that the Applicant has
demonstrated a need for the facility in Weld County and in the
A (Agricultural) Zone District. to dispose of TENORM waste in a more
environmentally safe manner.
Section 23-2-230.B.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. There are very few residences in the area, the
closest one being about a mile and a half to the west. Immediately to the
west is a Water Loadout Facility permitted under USR-1787 and an
amended USR 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 (USR 14-0070). Approximately one (1)
mile to the west from the intersection of County Road (CR) 95 and CR 118,
on CR 118. is an Oil and Gas Support and Service Facility (commercial
water depot) permitted with USR11-0019 On June 2. 2016. the
applicants held a community meeting at the Pawnee Fire Protection District
Fire Station in Grover. Eight community members attended the meeting.
primarily to obtain more information about the proposed facility
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. in the referral comments dated
July 14. 2016, indicated that they have concerns regarding the area roads
due to increases in truck traffic into and out of the facility which causes
additional wear and tear and dust related conditions on CR 390. as well as
Town of Grover roads. There was also concerns regarding contamination
of the Town water supply The Town requested assurances that an
Emergency Action Plan be in place prior to any type of hazardous event.
The Department of Public Works will require an Improvements Agreement
and Road Maintenance Agreement for this site. Road maintenance,
including dust control, damage repair, and triggers for improvements will
be included The Colorado State Engineers Office has approved a
commercial well for the commercial non -hazardous oil and gas 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
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SPECIAL REVIEW PERMIT (USR15-0048) - PAWNEE WASTE. LLC
PAGE 4
which protects against surface and groundwater contamination and the
facility is required to operate in accordance with the approved Engineering
Design and Operations Plan
Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code_ The site is not in a floodplain.
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 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 B.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 Use by Special Review Permit, USR15-0048. for a Solid Waste Disposal Site and Facility
(A Designated Commercial Exploration and Production Waste Management Facility that will
receive 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 Colorado State Statute and as defined and
regulated by Colorado Department of Public Health and Environment 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 Improvements Agreement and Road Maintenance Agreement is
required for this site Road maintenance. including dust control. damage
repair, designated haul routes (CR 95. CR 112. CR 118, andCR 390), and
triggers for improvements will be included
B An accepted Final Drainage Report and Certificate of Compliance.
stamped and signed by a Professional Engineer registered in the State of
Colorado. is required.
C The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR15-0048
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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 on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscape treatment as set forth in the
approved Engineering Design and Operations Plan (EDOP).
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) CR 95 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate on the site
plan the future and existing right-of-way_ All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
8) CR 118 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road. which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate on the site
plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
9) CR 118 Section Line is estimated 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. All setbacks shall be measured from the edge of right-of-way
10) Show the approved access on the map and label with the approved
Access Permit Number. AP15-00123.
11) Show and label the approved tracking control on the site plan.
12) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
13) Show and label the section line right-of-way as "CR 118 Section
Line Right -of -Way. not County maintained...
14) Show and label the accepted drainage features and drainage flow
arrows Water quality features or stormwater ponds should be
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PAGE 6
labeled as "Water Quality Feature/Stormwater Detention, No -Build
or Storage Area- and shall include the calculated volume.
15) 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) paper copy or 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
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 added for each additional three (3)
month period
4 The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are dwg..dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us.
5 Prior to Construction:
If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction
B The approved access and tracking control shall be constructed.
6 Prior to Operation
A Thirty (30) percent construction drawings for the paving of CR 112 and
CR 95 from the intersection of CR 390 and CR 112 to the intersection of
CR 118 and CR 95 are required prior to operation
The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management, a representative designated by the
Town of Grover, and the Fire District. The plan shall be reviewed on an
annual basis by the Facility operator, the Fire District, the Weld County
Office of Emergency Management. and an official representative
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SPECIAL REVIEW PERMIT (USR15-0048) - PAWNEE WASTE, LLC
PAGE 7
designated by the Town of Grover. Submit evidence of acceptance to the
Department of Planning Services.
7 Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System Regulations.
The Use by Special Review 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.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of September. A.D. , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST ditifieti ,.,/ ;�
•-Clto
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
AF?P-R91/E D AS
County Attorney
Date of signature l ti
Mike Freeman. Chair
Steve Moreno
2016-2987
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PAWNEE WASTE, LLC
USR15-0048
1 A Site Specific Development Plan and Use by Special Review Permit,
USR 15-0048. is for a Solid Waste Disposal Site and Facility (A Designated
Commercial Exploration and Production Waste Management Facility that will
receive 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 Colorado State Statute and as defined and regulated by Colorado
Department of Public Health and Environment 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, 365 days a year.
4 The number of on -site employees shall be ten (10)
5 The maximum number of daily trips shall not exceed 324
6. The parking area 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 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, the official representative designated
by the Town of Grover. and the Weld County Office of Emergency Management to
the Department of Planning Services
9 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 creating a substantial modification 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 (CDPHE) and the Weld County Board of County
Commissioners Changes to the EDOP may require an amendment to the USR
or a clarification by the Board of County Commissioners.
10 Operations will not extend past Certificate of Designation boundaries of the
property.
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DEVELOPMENT STANDARDS (USR15-0048) PAWNEE WASTE. LLC
PAGE 2
11 The facility shall adhere to the requirements set forth in the Certificate of
Designation. The Conditions of Approval and Development Standards set forth for
USR15-0048 shall be incorporated and adhered to under the Certificate of
Designation.
12 The facility shall submit evidence to the WCDPHE that financial assurance has
been obtained in accordance with CDPHE regulations pertaining to solid waste
sites and facilities
13. 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.
14 All waste received at the facility shall be screened to ensure appropriate wastes
are being disposed of at the facility.
15. Should recycling or beneficial use activities occur at the facility related to
Exploration and Production waste, the facility shall operate in accordance with
CDPHE regulations pertaining to recycling or beneficial uses at solid waste sites
and facilities. Changes to the EDOP may require amending the USR.
16. The facility shall be operated in a manner which protects against surface and
groundwater contamination.
17 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 EDOP and with Chapter 14. Article I, of the Weld County Code, at all
times.
18. The property owner shall not permit any public nuisances on the property as
defined in Colorado Revised Statutes
19 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.
20 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.
21 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.
22 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
23 Any tanks used on -site shall comply with the provisions of the State Underground
and Above Ground Storage Tank Regulations
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DEVELOPMENT STANDARDS (USR15-0048) PAWNEE WASTE. LLC
PAGE 3
24 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.
25. All potentially hazardous chemicals used on -site 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.
26 Any reportable spills will be reported and documented in accordance with all state
and federal regulations and records will be kept onsite for WCDHHE review upon
request.
27 WCDPHE 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 EDOP.
Documentation of closure activities will be provided to WCDPHE.
28 Adequate drinking. handwashing and toilet facilities shall be provided for
employees, at all times. For employees or contractors on -site for less than two (2)
consecutive hours a day, and two (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 WCDPHE. Portable toilets shall be serviced by a cleaner licensed
in Weld County and shall contain hand sanitizers.
29. 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.
30 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)
31 The facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
32 Analytical waste data and environmental monitoring data shall be made available
to WCDPHE upon request. The WCDPHE reserves the right to require additional
monitoring which may require an amendment to the USR.
33 The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
34 Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use
on the adjacent properties in accordance with the plan Neither the direct. nor
reflected. light from any light source may create a traffic hazard to operators of
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DEVELOPMENT STANDARDS (USR15-0048) PAWNEE WASTE. LLC
PAGE 4
motor vehicles on public or private streets. No colored lights may be used which
may be confused with. or construed as. traffic control devices
35. 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.
36 The access to the site shall be maintained to mitigate any impacts to the public
road including damages and/or offsite tracking.
37 There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized
38 Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
39 The historical flow patterns and runoff amounts on the site will be maintained.
40 Weld County is not responsible for the maintenance of on -site drainage related
features
41 Building permits may be required. per Section 29-3-10 of the Weld County Code.
Currently. the following have been adopted by Weld County: 2012 International
Codes, 2006 International Energy Code, and 2014 National Electrical Code. A
Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report
performed by a Colorado registered engineer shall be required or an Open Hole
Inspection.
42 The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
43. 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.
44 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.
45 The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
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Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners
46. 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.
47 The Weld County Right to Farm Statement, as it appears in Section 22-2-20 J.2 of
the Weld County Code, shall be placed on the map and recognized at all times.
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