HomeMy WebLinkAbout20162989BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI
Moved by Terry Cross, 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: USR15-0048
APPLICANT: PAWNEE WASTE, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 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 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 AND OBTAIN A CERTIFICATE OF DESIGNATION,
PURSUANT TO SECTION 30-20-104 C.R.S., IN THE A (AGRICULTURAL) ZONE
DISTRICT
LEGAL DESCRIPTION: NE4AND E2NW4 SECTION 13, T10N, R61 W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: LOCATED 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 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).
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.
3O/6o- an
RESOLUTION USR15-0048
PAWNEE WASTE, LLC
PAGE 2
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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-40.1 of the Weld County Code provides for Solid Waste Disposal Sites and
Facilities or hazardous waste disposal sites and Section 23-4-380.B, Pawnee Waste LLC has
provided evidence of a need for this type of project in Weld County and in the A (Agricultural)
Zone District
C. Section 23-2-220.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. 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 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.
On June 2, 2016 the applicant's held an open house style 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.
D. Section 23-2-220.A.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
their 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 County Road 390 as well as Town of Grover
roads. There was also concerns regarding contamination of the Town water supply. Finally
the Town requested assurances that an emergency action plan was 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
RESOLUTION USR15-0048
PAWNEE WASTE, LLC
PAGE 3
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 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 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:
A. An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Public Works)
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. (Department of Planning
Services - Engineer)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0048. (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 trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
RESOLUTION USR15-0048
PAWNEE WASTE, LLC
PAGE 4
5. The map shall delineate the landscape treatment 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 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. (Department of Public Works)
8. County Road 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. (Department of Public Works)
9. The County Road 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. (Department of Public Works)
10. Show the approved access on the map and label with the approved access permit
number AP15-00123. (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 set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
13. Show and label the section line Right -of -Way as "CR 118 Section Line Right of Way, not
County maintained" (Department of Public Works)
14. Show and label the accepted drainage features and drainage flow arrows. Water quality
features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Planning Services -Engineer)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
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. (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 added for each
additional three (3) month period. (Department of Planning Services)
RESOLUTION USR15-0048
PAWNEE WASTE, LLC
PAGE 5
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps(a)co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed. (Department of Public Works)
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. (Department of Public Works)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the 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)
7. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
8. 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. (Department of Planning Services)
Motion seconded by Gene Stifle.
VOTE:
For Passage
Bruce Sparrow
Cherilynn Barringer
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage Absent
Joyce Smock
Bruce Johnson
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 Commissioner's for further proceedings.
RESOLUTION USR15-0048
PAWNEE WASTE, LLC
PAGE 6
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 September 6, 2016.
Dated the 6th of September, 2016
frnt-d itaaeldein,
Kristine Ranslem -
Secretary
r
Digitally signed by Kristine Ranslem
/ -Date: 2016.09.09 08:24:26 -06'00'
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 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 and obtain a Certificate of Designation, pursuant to Section
30-20-104, C.R.S., 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, 365 days a year. (Department of Planning Services)
4. The number of on -site employees shall be ten (10). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. 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)
7. The landscaping on the site shall be maintained. (Department of Planning Services)
8. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15'" 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)
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. 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 and WCDPHE. Changes to the EDOP may
require an amendment to the USR. (Department of Public Health and Environment)
10. Operations will not extend past Certificate of Designation boundaries of the property. (Department of
Public Health and Environment)
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. (Department of Public Health and Environment)
12. 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)
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. (Department
of Public Health and Environment)
14. 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)
RESOLUTION USR15-0048
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PAGE 8
15. 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)
16. The facility shall be operated in a manner which protects against surface and groundwater contamination.
(Department of Public Health and Environment)
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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. (Department of Public Health and Environment)
25. Any reportable spills will be reported and documented in accordance with all state and federal regulations
and records will be kept onsite for WCDHPE review upon request. (Department of Public Health and
Environment)
26. 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. (Department of Public Health and Environment)
27. 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 and shall contain hand sanitizers. (Department of Public Health and
Environment)
28. 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)
RESOLUTION USR15-0048
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PAGE 9
29. 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)
30. 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)
31. 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 and may require an amendment to the
USR. (Department of Public Health and Environment)
32. 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)
33. 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 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)
34. The property owner shall control noxious weeds on the site. (Department of Public Works)
35. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
36. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
37. 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)
38. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
39. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
40. 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. (Department of Building Inspection)
41. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
42. 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.
RESOLUTION USR15-0048
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PAGE 10
43. 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.
44. 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.
45. 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.
46. WELD COUNTY'S RIGHT TO FARM: 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
RESOLUTION USR15-0048
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PAGE 11
families to respond to emergencies. County gravel roads, no matter how often they are bladed, 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 6, 2016
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,
Bruce Sparrow, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock, Terry Cross, Tom
Cope.
Absent: Bruce Johnson, Michael Wailes.
Also Present: Kim Ogle, Chris Gathman, and Michelle Martin, Department of Planning Services; Hayley
Brown, Department of Planning Services — Engineering Division; Ben Frissell, Department of Health; Janet
Lundquist and Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 16, 2016 Weld County Planning Commission minutes, Moved by Terry Cross,
Seconded by Tom Cope. Motion passed unanimously.
(Michael Wailes entered the hearing at 12:37 pm.)
CASE NUMBER: USR15-0048
APPLICANT: PAWNEE WASTE, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND 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 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 AND
OBTAIN A CERTIFICATE OF DESIGNATION, PURSUANT TO SECTION 30-20-
104 C.R.S., IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: NE4 AND E2NW4 SECTION 13, T10N, R61W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: LOCATED SOUTH OF AND ADJACENT TO CR 118 SECTION LINE;
APPROXIMATELY 1320 FEET EAST OF CR 95.
Kim Ogle, Planning Services, presented Case USR15-0048, reading the recommendation and comments
into the record. Prior to the open house hosted by the applicants, staff did not receive any phone calls or
correspondence regarding the proposed request. However, after the open house, staff received a
telephone call concerning dust and area roads and impacts of this dust on cattle. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Smock stated that she lives about five (5) miles north of this site and attended the
neighborhood meeting on June 2, 2016. She added that she will not receive any financial benefit regarding
this case. The Planning Commission did not find any reason that Ms. Smock should recuse herself from
this case.
Janet Lundquist, Public Works, reported on the existing traffic and access to the site.
Commissioner Cope asked what the present truck traffic is. Ms. Lundquist stated that the current truck
traffic is around 100 vehicles per day. She added that she is in the process of getting new truck counts so
there is a baseline prior to the Board of County Commissioner hearing.
Hayley Brown, Engineering, reported on the drainage conditions for the site.
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Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Smock said in reading through application she noted that a financial assurance plan is
required if this facility is closed and asked how much money is involved in doing that. Additionally, she
noted that there are environmental restrictions on the facility when it is closed, such as no construction of
buildings, and asked why that is a requirement. Mr. Frissell said that those requirements come from the
Colorado Department of Public Health and Environment (CDPHE) and not from Weld County. In
accordance with the CDPHE's approval for the Certificate of Designation, the State of Colorado had added
those conditions. He added that it would be up to the Board of County Commissioners to strike those
environmental conditions.
Commissioner Wailes asked if there are any facilities for the drivers to unload their personal refuse while
they are visiting the site. Mr. Frissell said that the applicant should have something available; however he
hasn't looked at the site plan.
Pam Hora, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, stated that she is representing the
applicant. Jane Witheridge was hired as project manager for the proposed facility. Ms. Hora introduced
the consultant team: Janet Johnson is a Certified Health Physicist evaluating impacts of radiation exposure
and mitigating its risk; Jeffrey Rusch, Golder Associates, is a Senior Engineer who has served as the main
interface with the CDPHE regarding the engineering design and operations plan for this facility; and Gene
Cappola, Traffic Engineer with Tetra Tech.
Ms. Hora stated that the Pawnee Waste Facility is the first landfill of its kind in Colorado that is specifically
designed for exploration and production wastes (also known as E&P Wastes). Commissioner Jemiola
asked what the industry has done historically with those wastes. Mr. Ogle stated that in some cases they
have been land applied as well as been disposed of in the North Weld County Landfill or Buffalo Ridge
Landfill.
The USR permitting process for commercial solid waste management facility is different than the typical
USR application because the Colorado Department of Public Health and Environment is responsible for
completing the very first step in the review process. Before Weld County can review the USR application,
the CDPHE must first complete a technical review of the Engineering Design and Operations Plan (EDOP).
EDOP addresses multiple aspects of the project including the site location, the design of the facility and the
operating plan to ensure the facility will be safe for the public and the environment. Upon their review the
CDPHE is charged with making a recommendation to the local land use authority. Pawnee Waste began
planning the E&P Waste Management Facility in 2014.
Ms. Hora stated that radiation is common in our everyday environment. She provided a visual slide which
showed comparative radiation levels associated at Pawnee Waste versus other sources, such as chest x-
ray, food, and annual background radiation. She said that prescreening and authorization of all waste loads
and random sampling of the waste loads will be required. Additionally, the operators are trained in the safe
handling of the waste and they will limit operator exposure through time, distance and covering the waste.
She added that the first few years there will be a structured review of the data, equipment and the risk
assessment model to ensure that compliance with the exposure limits is being maintained.
The site covers 240 acres with 75 acres in the northeast corner of the property that the landfill will be
located. Hours of operation will depend on market conditions and customer needs. It is anticipated to be
open during daylight hours; however the applicant is requesting 24/1 operation. At full buildout they expect
to employ up to 10 people and accept up to 150 truckloads per day.
Ms. Hora gave a detailed description of the construction of the facility. She said that Pawnee Waste has
already installed groundwater monitoring wells around the perimeter of the landfill so that the groundwater
can be monitored throughout the life of the landfill as well post -closure. When the landfill is at the end of
its life the site will be reclaimed to blend in with the natural environment.
Being a good neighbor is important of Pawnee Waste. Ms. Hora stated that they notified landowners within
a nine (9) square mile area of the site. Additionally, they visited with the Town of Grover Board and hosted
an open house with everyone who lives within nine (9) miles of the area. After explaining the design and
operations of the proposed facility, they felt that they answered the surrounding landowners concerns:
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Additionally, they met with Troy Swain, Weld County Oil and Gas liaison to let him know what they are
proposing.
Commissioner Jemiola asked how much radiation would be emitted. Janet Johnson, Tetra Tech, provided
a brief explanation of the visual slide showing comparison of radiation exposure to the Pawnee Waste Site.
She pointed out that the 25 millirem limit per year listed on the slide is what the State is requiring the
applicant to adhere to. She added that it does not necessarily mean that is what people will get exposed
to.
Commissioner Wailes asked if it based on someone there 365 days per year or if someone is visiting for
five minutes. Ms. Johnson said it is calculated for the employee who is there 2000 hours per year. She
added that after reclamation, they assume that there will be a farmer on site and his time is based on
occupancy time.
Commissioner Cope asked how they will identify the employees are receiving this amount and asked if they
will be required to wear radiation badges. Ms. Johnson said that they are not requiring radiation badges
because the estimated doses are so low.
Commissioner Cross asked what the risk is to surrounding neighbors. Jeff Rusch, Golder Associates,
stated that the liner system that has been designed for this facility are state of the industry materials and
best available construction quality assurance practices to make sure that the liner is constructed and is
performing as designed. He added that vertical infiltration of any sort of liquid down to the groundwater
table has an extremely long travel time. If there is leachate generated is not expected to be similar to
leachate from a municipal solid waste facility because this is naturally occurring material. He added that
from an engineering perspective, they are very confident that the risks are extremely low to human health
as well as the environment.
Commissioner Smock asked what the depth that this is going to go into the ground and the height that it
will reach. Mr. Rusch said that the depth is no greater than 30 feet below existing grade. That depth was
determined to ensure no less than a 20 foot buffer between the highest groundwater table that was
encountered at the site during hydro geologic characterization. He added that it will go about 100 to 165
feet above existing grade.
Ms. Witheridge said that after the facility is closed they are requiring no building on the site so the cap is
not disturbed. She prefers no activity on a landfill after the facility is closed as it is not in their best interest
to have access to a facility that is an engineered site so it will stay vacant forever.
Commissioner Smock asked Mr. Rousch if he would have any problem with having his family live next to
this facility. Mr. Rusch said that he is very confident in the liner system that has been designed for this
facility and would not have any problem living next to this facility.
The Chair called a recess at 2:21 pm and reconvened the hearing at 2:35 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mark Weisbrook stated that he owns property to the north of this site. Mr. Weisbrook referred to Mr. Rusch's
statement that the water table is 75 feet; however Mr. Weisbrook said that they have one (1) well that is
less than a quarter mile away from the site and the water table is 30 feet. He added that they use this well
for their cattle. Additionally, they have another well 75 feet deep but the water table is 60 feet and another
stock well that is one mile away that could be a spring. He expressed concern with the depth of this material
at the same depth of his wells.
Mr. Rusch said that the operator has installed numerous soil borings to characterize this site and added
that there are five (5) monitoring wells at this site and they plan to install two more wells. The groundwater
at the time of drilling averaged 50 feet below ground surface and they have continued to monitor those
wells quarterly. He added that the groundwater has dropped approximately 6 feet. Mr. Rusch said that
there are surface elevations changes that impact depth to groundwater but they feel pretty confident with
the consistency and the groundwater within the limits of their site. He understands the concern of
groundwater contamination but given the liner system and 20 foot groundwater separation they are
confident that this facility will be protective of human life and containment.
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Commission Wailes recommended that a spot be clearly designated on the site for the drivers to dump their
trash so it doesn't get thrown out on the side of the road. He added that he lives next door to a large project
and said that the drivers leave a lot of trash on the side of the road.
Commissioner Cope referred to prescreening the waste and asked if we need to identify at what level that
waste should be accepted. Mr. Frissell said that according to the applicant's EDOP there are Tier 1 and
Tier 2 action levels established that are screened at the scalehouse.
The Chair asked the applicant if they have read through the 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 USR15-0048 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of -approval,
Moved by Terry Cross, Seconded by Gene Stille.
Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
No: Joyce Smock.
Commissioner Smock cited Section 23-1-40.B.7 regulating the use of land on the basis of the impact of
land use changes on community or surrounding areas and Section 23-2-220.A.4 that the uses will be
compatible with future development of the surrounding area. She added that she gets concerned when
she hears that they are taking trucks off the road because when you take them off of one place you put
them on another and believes that will happen there as well.
Commissioner Sparrow said that he is slightly uncomfortable with the water table discussion.
Meeting adjourned at 3:27 pm.
Respectfully submitted,
\Digitally signed by Kristine Ranslem
-Date: 2016.09.09 07:56:36 -06'00'
Kristine Ranslem
Secretary
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