HomeMy WebLinkAbout20163004HEARING CERTIFICATION
DOCKET NO. 2016-76
RE: 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 THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN THE
A (AGRICULTURAL) ZONE DISTRICT - PAWNEE WASTE, LLC
A public hearing was conducted on September 28, 2016. at 10:00 a.m.. with the following present:
Commissioner Mike Freeman. Chair
Commissioner Sean P. Conway. Pro -Tern
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board. Tisa Juanicorena
Assistant County Attorney. Bob Choate
Planning Services Department representative. Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
U
hereby certify that pursuant to a notice dated August 19, 2016. and duly published
August 24, 2016. in the Greeley Tribune. a public hearing was conducted to consider the request
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. Bob Choate,
Assistant County Attorney. made this a matter of record.
Chair Freeman interjected that the Board will recess at 11:50 a.m. due to several
Commissioners having commitments over the noon hour.
Kim Ogle. Department of Planning Services. presented a brief summary of the proposal
describing the site location in relation to relevant County Roads (CR) and the three (3) mile referral
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area of the Town of Grover. which submitted comments that include concerns regarding damage
to the roads, increased truck traffic. and contaminating the Town's water supply and the Town
asked for assurance that an Emergency Action Plan is in place. Mr Ogle stated an Improvements
and Road Maintenance Agreement is required, a commercial well has been approved, the facility
must operate in a manner that protects surface and groundwater and in accordance with the
Engineering Design and Operations Plan (EDOP). He described the surrounding properties,
nearest residences, and surrounding USRs. Mr. Ogle explained the facility will receive exploration
and production waste to include Naturally Occurring (NORM) and Technologically Enhanced
Radioactive Material (TENORM), as defined by the Colorado Department of Public Health and
Environment (CDPHE). He described the liner protecting the area of the landfill. the order of
operations. security, and fencing and stated 15 referrals were sent out and five (5) entities offered
comments. Mr. Ogle reported the split vote approval of 7-1 by the Planning Commission. He
further reported the contents of a letter received from the CDPHE indicating the review of the
site's engineering design and the determination of compliance with the requirements related to a
solid waste disposal site; furthermore, the CDHPE conducted a radiation risk assessment to make
sure the waste stream was acceptable. In conclusion, and based on reviews, the CDPHE
recommended approval with conditions. Mr. Ogle displayed images of the site plan layout and
surrounding areas.
Evan Pinkham, Department of Public Works. stated an Access Permit has been approved,
AP#15-00123. and he provided a brief overview of the transportation plans and requirements to
include the proposed number of round trips. traffic routes and the requirement for both tracking
control and an Improvements and Road Maintenance Agreement. In response to Commissioner
Cozad, he pointed out the relevant CRs and haul routes on the map and stated, based on the
proposed traffic count. pavement will be triggered on the traffic routes. In response to Chair
Freeman, he stated there were no current traffic counts.
a Hayley Balzano, Planning Services Engineer representative reviewed drainage and grading
requirements in conjunction with the related Conditions of Approval and Development Standards.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions stating water will be provided by a commercial well and the applicant is proposing to
permit and install a commercial septic system to be inspected prior to issuance of the Certificate
of Occupancy. He stated Development Standards (DS) #9-32 address typical Environmental
Health items.
Pam Hora. TetraTech, represented the applicant and provided a PowerPoint presentation
which began with an introduction of the applicant. land owner, and project manager. and stated
this is the first landfill of its kind specifically designed for Exploration and Production (E&P) waste.
She also introduced the key consultants of the team. Ms. Hora reviewed the location of the site,
vicinity and nearest residences. She explained the permitting process includes the
recommendations of the Colorado Department of Public Health and Environment (CDPHE) based
on the comprehensive technical review of the Engineering Design and Operations Plan which
began July. 2015, and was completed with a recommendation submitted to Weld County in June,
2016. Ms. Hora stated the application is to construct a commercial solid waste management
facility permitted to accept. manage, and dispose of non -hazardous exploration and production
waste containing low levels of TENORM. She provided explanations and examples of both
TENORM and NORM. She explained TENORM is associated with oil and gas production and is
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present in drilling waste and cuttings, produced waters, sludges and sediments. tank bottoms,
pipe work, equipment and filter socks. Ms. Hora reviewed the annual average natural background
radiation dose in the U.S. and Weld County and compared it to the much lower amount of radiation
an employee would be exposed to by working 2,000 hours a year at the facility. She explained
once a site has been filled and a cover created. the land is kept as open space with no exposure
to radiation. Ms. Hora explained the procedures that are in place to protect employees of the
facility and to remain in compliance. She reviewed the amount of E&P waste generated in Weld
County in conjunction with Section 23-4-380.B of the Weld County Code to demonstrate the need
for the facility and length of time the site could accept waste. In response to Commissioner
Conway. Ms. Hora stated some of the waste is being land applied currently. She launched into a
more detailed description of the project itself and reviewed the site boundaries, access points,
site plan, market conditions and customer needs, hours of operation, number of employees,
proposed truck trips per day. entrance and exit locations, infrastructure. security measures and
screening controls. and daily operations. Ms. Hora explained the infrastructure, maintenance
facility, sanitary facilities for employees, storage shed, heavy equipment staging. fuel tank,
leachate storage and usage, water well proposed to be drilled to provide the permanent water
source. septic system permitted and installed. landfill phases, and the process to cover wastes in
accordance with CDPHE regulations. She reviewed processes to control and track placement of
waste, and all controls associated with the waste will be performed under strict supervision of an
engineer. Ms. Hora provided the procedures for final closure of the site to include the final cover
layer and revegetation of the area. She described, in detail. the liners for each cell to provide
protection that exceeds the state's regulations that is electronically tested for leak detection
utilizing technology that is sophisticated enough to detect a tear as small as a pin hole. Ms. Hora
stated being a good neighbor is important and she reviewed the applicant's efforts to reach out to
surrounding property owners within nine (9) miles of the project. One (1) family expressed
concern, the Weisbrook family. who are using the land as a pasture. In response to their concerns.
Ms. Hora stated the applicant has agreed to pay to move the fence to accommodate the road and
will compensate the Weisbrook family for the property loss as a result of moving the fence. She
reported having met with the Town of Grover, and hosting an open house which was attended by
eight (8) neighbors and Mr. Ogle and the concerns cited at the open house included protecting
the environment and the health of the community in general. Ms. Hora stated the applicant has
also reached out to Troy Swain, and E&P waste generators in the area who were happy and
expressed interest in using the facility. She reviewed the concern of Mr. Weisbrook regarding the
depth of groundwater as expressed at Planning Commission and the applicant's response to drill
16 bore holes which were reviewed by groundwater engineering and resulted in no further
concerns. She stated they continued to reach out to the Weisbrooks and offered to survey their
wells and groundwater prior to construction. She also reviewed the "NAY" vote of Commissioner
Smock and addressed the concerns she cited to support her findings. Ms. Hora reiterated the
need for the facility, and the efforts related to compliance and compatibility with the Code, and
requested approval.
In response to Commissioner Moreno. Ms. Hora clarified the life span of the facility and the
number of employees at the start-up phase.
Chair Freeman recessed at 11:55 a.m.
Chair Freeman reconvened at 1:38 p.m. and opened the hearing to public input.
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Niki Bertoglio, represented NGL Water Solutions, and stated on behalf of the C-9 Facility
that they are able to take these same wastes and the only waste they cannot accept are dry
cuttings and large amounts of concrete. In response to Commissioner Cozad, Ms. Bertoglio
clarified they do not have a landfill and use injection for everything. In response to Commissioner
Kirkmeyer. Ms. Bertoglio stated it is a Class II injection well and reviewed the similar state testing
and requirements.
In response to Commissioner Kirkmeyer, Ms. Bertoglio explained the injection benefits and
the life of the well cap. In response to Commissioner Moreno, Ms. Bertoglio stated they are less
than half a mile from the applicant's site. In further response to Commissioner Kirkmeyer,
Ms. Bertoglio stated she does not believe there is a need other than for the dry cuttings.
Oa In response to Commissioner Conway, Jane Witheridge, Project Manager, stated a letter
was provided with the application from NGL attesting to the need for the facility and they have
been supportive and have invested in the project. In response to Commissioner Kirkmeyer, the
date of the letter was January 21, 2016. In further response. Ms. Witheridge addressed the
concerns regarding the two (2) stock wells on the Weisbrook property north of the section line
which were included in the EDOP and determined to be sufficient to protect the groundwater. She
further stated the wells and the water levels are designed to protect groundwater and she spoke
to Mark Weisbrook regarding the offer to sample and analyze the wells for them and that was
acceptable as a precaution. Ms. Witheridge reviewed the liners and other measures being taken
to protect groundwater.
In response to Commissioner Cozad, Ms. Witheridge stated she cannot speak to their facility
but she agrees that injection wells are a very effective means for waste: however, the solids are
typically pulled out to avoid plugging the formation. She reviewed the assessment the landfill has
had to go through and the results of minimal effects. In further response, Ms. Witheridge explained
the difference regarding oil -based and water -based drilling muds and the difference between
exploration waste and production waste and pointed out that Weld County does not have a facility
dedicated to the E&P waste.
In response to Commissioner Kirkmeyer. Ms. Witheridge stated the CDPHE has not
reviewed the other facilities for radioactive materials. Commissioner Kirkmeyer hesitated to agree
with that statement and suggested otherwise. Ms. Witheridge reiterated the process of approval
to receive radioactive wastes as aforementioned requires as a minimum standard, risk modeling
and designation, to be able to handle radioactive wastes without regard for the isotope structure.
la In response to Commissioner Cozad, Ms. Witheridge explained the difference between
non -hazardous and hazardous waste.
In response to Commissioner Cozad. Jeff Rusch, Golder Associates, stated the State is not
required to physically inspect the construction process of a cell but they are required to approve
the final construction quality assurance report submitted by an engineer. He explained there is a
third party engineer that performs the final construction inspection and certifies the construction
report. Mr. Rusch explained the HDPE (high density polyetholyne) liner. geomembrane liner for
containment systems, and the bentonite layer providing three (3) layers of protection which
significantly exceeds state requirements. He further explained how the liners and layers of
protection are tested.
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In response to Commissioner Conway, Ms. Witheridge stated most of the waste will come
from Weld County. In response to Commissioner Kirkmeyer, she stated there is a reasonable
amount of activity in southern Wyoming and Morgan County that is generating solid waste.
1i Chris Dietzler, owner and applicant, stated 75 percent of the waste will be received from
local companies.
In response to Commissioner Moreno. Ms. Hora reviewed the definitions of the NORM and
TENORM materials and clarified the details of the outreach meeting to include eight (8) individuals
attending and expressing their concerns. She stated the concerns were addressed and reiterated
the meetings that took place with the Town of Grover Town Board and the excitement that was
expressed for a new business that might allow for employment.
In response to Commissioner Kirkmeyer, Mr. Pinkham provided the most recent traffic
counts for the relevant County Roads and stated paving to CR 390 is required. She requested
aside from the paving, there needs to be improvements and maintenance based on traffic triggers.
Commissioner Kirkmeyer clarified the only waste received will be E&P waste. She further asked
for clarification to DS #15 regarding recycling or beneficial use activities occur at the facility. In
response, Mr. Frissell stated this was added as a Development Standard to allow the applicant
the ability to amend the EDOP without amending the USR. He verified this facility is required to
pay the surcharge.
In response to Commissioner Kirkmeyer. Ms. Witheridge stated the typical hours of
operation will be daylight hours; however, to accommodate customers as the industry picks up,
the applicant would prefer to have the hours of operation be 24 hours a day. She further verified
the operation will not exceed 324 trips per day. as stated in the application materials.
P In response to Chair Freeman, Ms. Hora stated there are no concerns with the Conditions
of Approval or Development Standards.
Fla Commissioner Kirkmeyer stated from her perspective she does not believe this facility is
needed, and regarding the criteria, does not see how the need for this facility plays into the
decision making for this application. She requested staff provide this criteria. In response to
Commissioner Kirkmeyer, Mr. Ogle provided the Code references regarding the requirement for
a determination of need in Section 23-3-40.1 which 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. Mr Ogle stated this would be considered under the criteria for being consistent
with the intent of the A (Agricultural) Zone District.
In response to Commissioner Kirkmeyer. Ms. Hora stated the facility is needed due to the
amount of E&P waste being generated in the area and the potential long term environmental
hazard to applying it to the farmland when the applicant is offering a more environmentally safe
way to manage this waste and at a facility that has been designed specifically for this waste.
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2 Commissioner Cozad clarified that the applicant has the burden of proof to demonstrate the
need for the facility. Chair Freeman asked the Board if there were any recommended changes to
the Conditions of Approval or Development Standards.
Commissioner Kirkmeyer stated based on the criteria provided by staff and additional
information from the applicant. she believes the applicant meets the criteria and there are enough
findings to support the application. Commissioner Cozad concurred based on the number of wells
in the Niobrara area and there being no facilities in close proximity. The Board agreed to move
forward.
Commissioner Kirkmeyer stated an additional sentence needs to be added to the criteria
Section 23-2-230.B.2 regarding meeting the burden of proof to provide a more environmentally
safe manner for processing the TENORM waste generated by oil and gas exploration and
production. Furthermore. she recommended Condition of Approval (COA) #1.A be amended to
incorporate designation of haul route, CR 95 to CR 112 to CR 390. on the map. Commissioner
Cozad suggested adding the word, "approved" regarding the EDOP plan. She further
recommended adding the requirement to meet annually with an official representative designated
by the Town of Grover to present and review the Emergency Operation Plan.
L•
.� Commissioner Kirkmeyer recommended creating a new DS #'1 stating the number of daily
trips may not exceed 324. She suggested deleting DS #7; adding the requirement to meet with
the designated official representative from the Town of Grover to DS #8 relative to the Emergency
Operations Plan, amending DS #9 to clarify substantial modifications to the EDOP and to be
approved by the Board of County Commissioners as well. After further discussion. the Board
agreed to the aforementioned changes to the Resolution.
Commissioner Kirkmeyer recommended amending DS #15 to include the stipulation as
related to E&P waste, and adding another sentence to read, "Changes to the EDOP may require
amending the USR." In response to Commissioner Kirkmeyer. Mr. Frissell explained examples of
why additional monitoring may be required in relation to DS #31. Commissioner Kirkmeyer
suggested changing the word "and" to "which."
Mr. Choate requested clarification in the amended phrasing for DS #9. After further
discussion, the Board agreed to add the following to the last sentence, "...or a clarification by the
Board of County Commissioners."
P Commissioner Cozad recommended adding a new DS #8 to reflect prohibiting nuisance
conditions. Mr. Choate provided language. The Board agreed to all aforementioned amendments.
In response to Chair Freeman, Pawnee Waste, LLC, indicated they have reviewed. and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad moved to approve the request 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)
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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, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
as amended and entered into the record. The motion was seconded by Commissioner Moreno,
and it carried unanimously.
a Chair Freeman moved forward with review of the criteria regarding to the Certificate of
Designation.
Mr. Choate interjected the criteria for the Certificate of Designation is entirely separate and
listed in the Resolution for the CD.
In response to Commissioner Kirkmeyer. Mr. Choate explained the division as a defined
term in the statute as referring to the Hazardous Materials and Waste Management Division of
the Colorado Department of Public Health and Environment. Commissioner Kirkmeyer requested
the word. "division" be replaced with "Hazardous Materials and Waste Management Division of
the Colorado Department of Public Health and Environment" to clarify. The Board agreed. In
further response to Commissioner Kirkmeyer, Mr. Choate clarified why the Board must support
the four findings therein to be able to approve the Certificate of Designation per State statute.
Commissioner Kirkmeyer requested language be added to (b) related to the specific disposal of
TENORM waste in a more environmentally safe manner. Commissioner Cozad requested
language be added reflecting the number of active wells in the Niobrara Basin and the accessibility
being provided by the approval of this Certificate of Designation in the Weld County, DJ Basin
area.
Commissioner Kirkmeyer requested clarification stipulating state laws of the Colorado
Department of Public Health and Environment be added to Condition #3. Mr. Choate agreed to
research and provide additional language.
a In response to Chair Freeman, Ms. Flora on behalf of Pawnee Waste, LLC. indicated they
have reviewed. and agree to abide by. the Conditions of Approval as set forth by the State of
Colorado for the Certificate of Designation.
Commissioner Conway moved to approve the request of Pawnee Waste, LLC. for a
Certificate of Designation, pursuant to Section 30-20-104, C.R.S.. with the Conditions of Approval
as amended and entered into the record. The motion was seconded by Commissioner Moreno.
and it carried unanimously. Commissioner Cozad expressed her appreciation for the public in
attendance and for the applicant's thorough presentation. There being no further discussion, the
hearing was completed at 3:04 p.m.
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This Certification was approved on the 3rd day of October, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST dd.-rife%) G:.iC/lo;ve
Weld County Clerk to the Board
BY
puty Clerk to the Board
APED ASa F
,-'County Attorney
Date of signature: i (/ l / ac tCo
ThatSac,
Mike Freeman. Chair
P. Conway, Pro -Tern
Steve Moreno
2
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