Loading...
HomeMy WebLinkAbout20162996MEMORANDUM TO: Kim Ogle, Planning Services DATE: July 1, 2016 FROM: Janet Lundquist, Public Works SUBJECT: USR15-0048 Pawnee Waste LLC The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: General Project Information/Location: Project description: A DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION (E&P) WASTE MANAGEMENT FACILITY THAT WILL RECEIVE EXPLORATION WASTES WHICH ARE NON- HAZARDOUS AND MAY CONTAIN VERY LOW CONCENTRATIONS OF NORM AND TENORM, AS DEFINED AND REGULATED BY CDPHE. This project is east of CR 95 and is south of the CR 118 section line right of way. Parcel number 029113100013. Access is from CR 95. Access: An access permit has been approved for the access to the site (AP15-00123). AP15-00123 Special Requirements or Comments: Parcel 029113100013. Utilize existing upgraded access point on CR 95 (1 -Industrial) located approx. 0 ft. South of CR 118. Existing access point located approx. 60 ft, South of CR 118 SHALL be closed and reclaimed prior to 8/15/15. For shared accesses, Public Works strongly recommends that the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users. Roads: 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. 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. 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. Traffic: A traffic narrative was submitted with the application materials and indicated that there will be approximately 12 passenger vehicle roundtrips and 150 daily truck roundtrips. The expected traffic routes are CR 118 west to CR 390, CR 95 south to CR 390, and CR 95 north to CR 122 and distribution of traffic is estimated to be 80% west to CR 390 with the remainder of the traffic utilizing CR 95. The site will have up to ten employees working on a 24 hour schedule. Based upon the submitted traffic information the upgrade and pavement is triggered of CR 118 and/or CR 95 to CR 390 both route have existing traffic that with the addition of 324 vpd will trigger the paving of the traffic routes. Roadways Improvements may be triggered due to traffic associated with the facility. These triggers will be included within the improvements and road maintenance agreement. If the roadway is paved the following triggers will apply: A. 10 vph during peak hour turning left into the facility -left deceleration lane B. 25 vph during peak hour turning right into the facility -right deceleration lane C. 50 vph during peak hour turning right out of the facility -right acceleration lane. TRACKING CONTROL: Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are listed below. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. More than 10 round truck trips/day (tandem or semi -trucks) or more than 50 round passenger vehicles trips: • Access onto gravel roads requires a tracking control device and a minimum of 300ft of recycled asphalt or road base. • Access onto paved roads requires either a tracking control devise and 100ft of asphalt OR 300ft of asphalt. *Recycled concrete is not allowed in County ROW **Tracking control devices can be double cattle guards or other specialized device *** Tracking control for unmaintained public ROW is required just prior to entering publically maintained roadways. A development standard will be included on the recorded site plan. The access shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking." Improvements and Road Maintenance Agreement: An Improvements Agreement between the Applicant and the County will be required for this project. Items may include the approved haul route(s), outline when offsite improvements will be triggered, and include a maintenance agreement for the haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: http://www.co.weld.co. us/Departments/Plann inqZoninq/Land UseApplicationsAssistance/ApplicationAssist ance.html An Improvements Agreement is required for sites with required offsite improvements. Collateral is required to ensure the improvements are made. Road Maintenance is typically included as a section of the Improvements Agreement when the County feels that the site activities may impact the County roadways. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement triggers. CONDITIONS OF APPROVAL: A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this location. Road maintenance including dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) B. The plan shall be amended to delineate the following: 1. 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 existing right-of-way. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 2. 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 existing right-of-way. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 3. County Road 118 Section Line is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 4. Show and label the approved access(es) (AP15-00123), and the appropriate turning radii on the site plan. (Department of Public Works) 5. Show and label the approved tracking control on the site plan. 6. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department of Public Works) 7. Show and label the section line Right -of -Way as "CR 118 Section Line Right of Way, not County maintained" (Department of Public Works) Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) Prior to Operation: A. Accepted construction drawings and construction of the offsite roadway improvements are required prior to operation. The upgrade and pavement is triggered of CR 118 and/or CR 95 to CR 390 both route have existing traffic that with the addition of 324 vpd will trigger the paving of the traffic routes. DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. 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) MEMORANDUM TO: Kim Ogle, Planning Services DATE: July 16, 2016 FROM: Hayley Brown, E.I., Development Engineer SUBJECT: USR15-0048 Pawnee Waste LLC The Weld County Department of Planning Services -Engineering has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: General Project Information/Location: Project description: Commercial Exploration and Production Waste Management Facility This project is west of the intersection of CR118 and CR95. Parcel number: 029113100013 Access: Show and label a 30 ft. minimum joint access and utility easement to provide legal access and utilities to the parcel. Drainage Requirements: Please contact Department of Planning Services/Engineering Development Review for questions or assistance for drainage requirements at 970-353-6100. URBANIZING VS NON -URBANIZING DRAINAGE AREA: This area IS within an Urbanizing Drainage Area: Require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. Detention Pond summarized in a Drainage Report: A drainage report and detention pond design shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the Weld County Code. The drainage report must include a certification of compliance stamped and signed by the PE which can be found on the engineering website. General drainage report checklist is available on the engineering website. More complete checklists are available upon request. The applicant has submitted an acceptable preliminary drainage report but will need to submit a Final Drainage Report prior to recording the prior plat. Grading Permit A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact a Engineering representative from the Planning Department for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692- 3575. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This area IS NOT in a FEMA regulatory floodplain. CONDITIONS OF APPROVAL: A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Planning Services -Engineer) B. The plan shall be amended to delineate the following: 1. Show and label a 30ft minimum access and utility easement to provide legal access to the parcel on the site plan. (Department of Planning Services -Engineer) 2. The applicant shall 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) 3. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services -Engineer) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 2. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Kim Ogle From: Ben Frissell, Environmental Health Services Date: July 14, 2016 Re: USR15-0048 Pawnee Waste Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review for a Solid Waste Disposal Site and Facility (a Designated Commercial Exploration and Production (E&P) Waste Management Facility that will receive exploration wastes which are non -hazardous and many contain very low concentrations of NORM and TENORM, as defined and regulated by the CDPHE) in the A (Agricultural) Zone District. The applicant has stated that up to 10 full-time employees with utilize the site with another 150 customers (truck deliveries) per day. The applicant has a permitted commercial well for potable water usage (permit number 301910). The applicant is proposing to install a commercial, engineered septic system. An Engineering Design and Operations Plan was submitted and the CDPHE conducted a "technical review" of the EDOP. The Final EDOP (Version 2) was submitted and WCDPHE considers this the "approved EDOP". We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: Prior to the issuance of the Certificate of Occupancy: 1. 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. Health Administration Vital Records Tele: 970-304-6410 F:7x: 970-304-6419 Public Health & Clinical Services Te e: 970 -3D4 -6L20 Fox: 970-304-,6.4.6 Environmental Health Services Tee: 970-30L-64.5 Fax: 970304-64 1 Communication, Education I Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 97;304-6470 =ax- 97.0-304-6452 Public Health We recommend that the following requirements be incorporated into the permit as development standards: 1. 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. 2. Operations will not extend past Certificate of Designation boundaries of the property. 3. The facility shall adhere to the conditions incorporated into the Certificate of Designation. 4. 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. 5. 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. 6. All waste received at the facility shall be screened to ensure appropriate wastes are being disposed of at the facility. 7. 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. 8. The facility shall be operated in a manner which protects against surface and groundwater contamination. 9. 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. 10. 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. 11.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. 12.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. 13.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. 14.Any tanks used onsite shall comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. 15.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. 16.All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 17.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. 18. 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. 19.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. 20.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. 21. 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). 22. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. 23. 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. 24. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Submit by Email Weld County Referral June 17, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: Pawnee Waste, LLC Case Number: USR15-0048 Please Reply By: July 15, 2016 Planner: Kim Ogle Project: A DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION (E&P) WASTE MANAGEMENT FACILITY THAT WILL RECEIVE EXPLORATION WASTES WHICH ARE NON -HAZARDOUS AND MAY CONTAIN VERY LOW CONCENTRATIONS OF NORM AND TENORM, AS DEFINED AND REGULATED BY CDPHE Location: SOUTH OF AND ADJACENT TO CR 118; EAST OF CR 95 Parcel Number: 029113100013-R8940987 Legal: NE4/E2NW4 SECTION 13, T1ON, R61W OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. w Ect We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date �/ I Weld County Planning Dept. 1555 N 17th Ave, Greeley. CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax West Greeley Conservation District (970) 356-8097 Case# Applicant: Map Soil Name Symbol Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Shallow Dwellings Dwellings with Small Septic Tank Prime Farm Excavations without basements Commercial_ Absorption _ Land (if Soil Texture 31 Kim-Mit. Complex Slight 61 Stoneham Fine Sandy Loam Slight t Yes Yes Additional Comments The West Greeley Conservation District that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. WEST GREELEY CONSERVAT1 N DISTRICT • Pd It • * .. %, P • . .„ ; :.I t� .F. ..� .A l +• '.fir ; ?1tt1&t I,. f i t,t:.-e' 17 It" iata ,Pre):: 'I At ..;_irt If: 'Cit,.._ii ;IL: ...;..11:-. s Id Produced by the West Greeley Conservation District Weld County Referral RE:CFR/Pp JUL 26 2016 Weld County Planning IAN' anent GREELEY OFFICE June 17, 2016 The Weld County Department of Planning Services has received the following item for review Applicant; Pawnee Waste, LLC Case Number: USR15-0048 Please Reply By: July 15, 2016 Planner. Kim Ogle Project: A DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION (ESP) WASTE MANAGEMENT FACILITY THAT WILL RECEIVE EXPLORATION WASTES WHICH ARE NON -HAZARDOUS AND MAY CONTAIN VERY LOW CONCENTRATIONS OF NORM AND TENORM, AS DEFINED AND REGULATED BY CDPHE Location: SOUTH OF AND ADJACENT TO CR 118; EAST OF CR 95 Parcel Number 029113100013-R8940987 Legal: NE4/E2NW4 SECTION 13, T10N, R81W OF THE 8TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. a e We have reviewed the request and find that it dowel does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date T )77z, F'I tze ru'l'e Chi to tca o1 b; ac+Lt, U..)001 La to n See c, i-2iex_ Vovte- eat ( G v_ mO J'. ten c n)d be, c4� wc.Z i It cemm Lout 4 R iv 9 5. Then Lott 9 5 S.x>+r, +O 4Yie wet County Planning Dept. 1555 N 17th Ave, Greeley, Co. 50531 (970) 35343100 ext.3540 (970) spa -sass tax Town of Grover 315 Chatogca Avenue — TO Box 57 — Grover, CO 80729 970-895-2213 - Fax 970-895-8552 Weld County Planning Committee Attn. Kim Ogle July 14, 2016 Re: USR 15-0048 To Whom It May Concern: The Town of Grover would like to submit a few items comments pertaining to the Pawnee Waste Facility that is going in South of Grover. We do have some concerns about our roads in the area due to increased truck traffic in and out of the facility which causes wear and tear on WCR 390 as well as our roads through Grover, and also dust control on the roads. We also want to make sure that our water system is not subject to any contamination from the site and that proper emergency action plans are in place in the event of any type hazardous situation. Sincerely, Deborah Duggan Town Clerk Form No. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 301910 DIV. 8 WD 64 DES. BASIN 8 MID PAWNEE WASTE LLC 3003 E HARMONY ROAD SUITE 300 FT COLLINS, CO 80528- (970) 222-4243 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION WELD COUNTY NE 1/4 NW 1/4 Section 13 Township 10 N Range 61 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft. from North Section Line 2400 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-105 for a well on a tract of land of 240 acres in the NE 114 and the E 1/2 of the NW 1/4 of Section 13, Township 10 North, Range 61 West of the Sizth P.M., Weld County, for one well to be used in one commercial business described as a commercial non -hazardous oil & gas waste landfill. The business must meet the qualifications as described in CRS 37-90-105(1)(c)(II), Use of this well in a commercial business having another small capacity commercial well is prohibited unless a new permit to use this well is granted. 4) The pumping rate of this well shall not exceed 15 GPM. 5) The annual withdrawal of ground water from this well shall not exceed 3.36 acre-feet. 6) The total depth of the well shall not exceed 150 feet, which corresponds to the base of the White River aquifer. At a minimum, plain casing shall be installed and grouted through all unconsolidated materials and shall extend a minimum of ten feet into the bedrock formation to prevent production from other zones. 7) This well shall be constructed within 300 feet of the location specified on this permit. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Ground Water Management District and the Division of Water Resources upon request. NOTE: Noncompliance with the procedures outlined in the attached information sheet (form GWS-5) may void your well permit. NOTE: This permit will expire on the expiration date unless the well is constructed by that date. A Well Construction and Test Report (GWS-31) must be submitted to the Division of Water Resources to verify the well has been constructed. An extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS-64) available at: http://www.water.state.co.us APPROVED SVJ Receipt No. 3675247 a%(4 6 State Engineer By DATE ISSUED 07-11-2016 EXPIRATION DATE 07-11-2018 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main (303)86G-3581 Fax. (303) 8862223 dMeermitwnllneosta(e co vs GENERAL PURPOSE Water Well Permit Application Review Instructions on revere side prior to compleUng form. The form must be computer generated. typed or In black or blue Ink 1. Applicant Information Nara o orm+ Pawnee Waste LLC claw aunt. 3003 E. Harmony Road, Suite 300 Cdr Ste. Lp[ufe Fort Collins CO 80528 Itlapm F ins oin tones, 970-222-4243 Eaw slam ftnp Mandl ijwilheridge@pawneewasle.com ❑ Indus mar 0 Municipal ❑ Itoga on MD Commercial 7. Well Data (proposed) ii.numinnufin rive 15 gPm Ton inn 100 feel 8. Land On Which Ground Water Will Be Used Legal Description of Lincoln). te promo n in as.own NE 1/4 and the E 1/2 of the NW 114 of Section 13, T1ON, R61W. 6th PM. Weld County, CO Best Copy Available * _ `CR IVR Office USe Only For GWS-45107x20131 48(141 WEAVE ENGINE s COLA 6. Use Of Well (check applicable boxes) Allum a detailed desorption of uses applied for D Dewalesing System O Geothermal (production or reinjection ❑ Other (describe) 2. Type Of Application (check applicable boxes) CntNd new well 0 Replace exislirg well Change source (aquifer) COGcc Well 3. Refer To Of applicable) WI. PRVna o.wWtw wan ovlsnrwa,. ❑ Use existing well ❑ Change or manse use ❑ Reapplication (expired perrm0 ❑ Other knot anon b ea nino, r W ) gt�3.3G s- aaeteet Wine While River Wee Cwt at.. Wel line e' 4. Location Of Proposed Well Cant Weld NE Mope NW to I.uvi Towne Nw 5 Rang. er W Prate Mien 13 10 rl El 61 ❑ O 6th O.te,te w nil Ian scion We tones Inn in limn M peony .An 225 cnwn(WN' S 2400 rtlnfE OW Oar riniOreni sets ally -nuns to enMa I.,, Bowe nil sell Olfaction W.. IW'stal assn inionCily CLIa LW ❑ Clccx dtd sun. n Ire tab On 57996 CR 95, Grover, CO 80729 Optional: CPS well twatim ntprnapan in UTM fennel You IT SI check CPS urn lot reamed setegs as Moen. Fannin tom:itOM Fibre tae(flbw 13 Line eve Co Mn. ae,nl sect a. MAOtt Un mutate 0400o td rvb Was On um combo kw 'bons OYES 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE 8Ue4ECT PARCEL) A Legal Description Only be ornate a. n daprhema) NE 1/4 and the E 1/2 of the NW 1/4 of Section 13, T10N. R61W, 6th PM. Weld Counly, CO Eaten; NaMone ipeamber to son [talon to NAOI3 a a,repaep.a C n..w 240 Pawnee Waste LLC D NM inning ow win a.. Pact, 05 ID lip Ohm In eW-eta E. State Pros 'Co ,;paw; OMee Use Only USGS on name le used lot asp spawn attache staid map ail 31bel engawo ens ) A. I Wu U Owes 240 Pawnee Waste LLC C. IN my me ads Y 60 .1..,414 used eh M WU NA 9. Proposed Well Driller License (Optional) 10, Sign or Entitled Name Of Appllcenl(s) Or Authorized Agent The making el false slalements herein constitutes penury In the second degree, winch is punishable as a class 1 mademeanor pursuant !DCA R S 24-4.1 OS (13Na} I have read the statementsherein. know the contents thereof end stale tut They are true to my knowledge sir o sae Mns(.l a peneaslse„M' gvkawai dar'fNttYmI 06/27/2016 WitheProjecl Manager wnee Wasle LLC OWR imp me sutras. e.. Receipt area onlyGera_ ACUMOP / Wt ,/ / wp � ewes Ion tartan i sat 0.,4.�ra 'a-ir.', fansact,ioi #: 3075247 t'N_116HA Li4'yj PM i rnnsnc(on 1 rAfic t60.(iti^ -R (t.h . 1.Ak E Div. 7 wd, ,te57 44,.? Colorado Division d Water Resources Application Receipt No. 1313 Sherman St. Rm. 821 Denver, CO 80203 Applicant's Name Pawnee Waste LLC (303) 866-3581 http //water. state .co.usrddault.him SUPPLEMENTAL INFORMATION FOR SMALL CAPACITY COMMERCIAL WELL PERMIT APPLICATIONS (For Wells Located Within Designated Groundwater Basins) Small capacity commercial well permit applications are evaluated pursuant to the provisions of CRS 37-90-105, which allows for one well in one commercial business. Pending approval, the use of this proposed well for a commercial business having another small capacity commercial well Is prohibited. This supplemental information form is necessary in order to determine whether your application qualifies within the provisions of this statute. Please answer the following questions using type or black ink. If additional space is needed, identify the question number on a separate sheet, then attach to this form. This form must be signed and dated below. 1. Name the type of business this proposed well will serve. Solid waste landfill 2, Will you own and operate this proposed well and the commercial business Yes • If not, please explain who will own and operate this well and the business served by this well? 3. Do you qualify as one commercial business as defined under CRS 37-90-105(1)(c)(II) (see below for referenced statute). Yes 4. Do you currently have a valid permit for any other small capacity commercial well inside any Designated Ground Water Basin in Colorado? No • If so, please provide the permit number(s) of any valid permits) you have. I (we) have read the statement made herein, know the content thereof, and state that they are true to my (our) knowledge. [Pursuant to section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a Class 1 misdemeanor.] Name/Title (print or type): Jane Neheridge, Project Manager Signature: II2c,C:-"I`1 !.0�G i ? Date: June 27, 2016 Under CRS 37-90-105 - Small Capacity Wells, paragraph (1)(c) (II) reads as follows: To qualify as a "commercial business" under this paragraph (c), the business shall be: (A) A business that will be operated by the well owner and that will have its own books, bank accounts, checking accounts, and separate tax returns; (8) A business that will use water solely on the land indicated in the permit for the well and for the purposes staled in such permit; (C) A business that will maintain its individual assets and will own or lease the property on which the well is to be located or where the business is operated; (D) A business that will have its own contractual agreements for operation of the business; (E) A business that agrees not to transfer a permit issued under this paragraph (c) to another entity that also holds a small capacity commercial well permit under this paragraph (c); and (F) A business that agrees to notify any potential buyer that such buyer shall notify the state engineer of any change in ownership of such business within sixty days after any such change in ownership. GWS•58 0612011 Colorado Division of Water Resources 1313 Sherman St. Rm. 818 Denver, CO 80203 (303) 866-3581 http://water.state.co.us/default.htm Application Receipt No. Applicants Name Pawnee Waste LLC COMMERCIAL SMALL CAPACITY WELL WATER USE BREAKDOWN WORKSHEET (For Wells Located Within Designated Groundwater Basins) Name and Type of Business Pawnee Waste LLC - Commerical Non -Hazardous Oil & Gas Waste Landfill 1. Is this application for a new well? X Yes No If no, is this application for a change of use for an existing permitted well? Yes Permit Number of well (if applicable) No For wells used prior to May 8, 1972 see form GWS-12 Registration of Existing Well for further information. 2. Type of disposal system: X Septic tank/absorption leach field Central System (district name:) Vault (location sewage hauled to: ) Other (attach copy of engineering design) 3. Water Demand Calculations (for average factors for water demand see below) Employees Number of Employees X Number of Gallons per Employee per Day X Number of Days Employee Works per Year = Gallons per Year 10 X 50 X 365 = 182,500 Customers Number of Customers per Day X Number of Gallons per Customer X Number of Days Business is Open per Year = Gallons per Year 0 X X = Outside Square Feet of Irrigated Landscape X Number of Gallons per square foot per day X Number of Days landscape is irrigated = Gallons per Year X X = Other Uses - Provide breakdowns for all other substantial water usage (i.e. veterinary clinic, green houses, etc. Type of Use X Gallons per Use per Day X Days per Year = Gallons per Year Dust control/equipment X 2,500 X 365 = 912,500 cleaning 1wi vary aepenomg upon weather conditions) Total amount of water required: A B C D 1,095,000 gallons per year (A+B+C+D) 3.36 acre -ft per year (1 acre -ft = 325,851 gallons) For all small capacity commercial wells: 1. The pumping rate shall not exceed 50 gallons per minute and may be further limited by Water Management District Rules. General Guidelines for Water Demand in Gallons per Dav Day Workers at Offices —15 gallons/person/day Food Service Establishments (with toilet and kitchen wastes) — 10 gallons/patron/day Churches (does not include food service).— 5 gallons/seaVday Overnight Lodging — 50 gallons/customer/day Landscape Irrigation -45 gallons/1,000 square feet/day On -Site Proprietor of Overnight Lodging (i.e. on -site owner of a Bed & Breakfast) — 80 gallons/person/day Additional water demand figures may be obtained from a private water consultant or from a technical reference on this subject. GWS-61 03/03 COUNTY OF Larimer WHEN RECORDED RETURN TO: Pawned Waste LLC 3003 a Harmony Road. Suite 300 Fon Collins, CO 80325 4127711 Pages: I of 1 07/23/2015 *1:51 1 R Fes:511.00 a Fee:€0.00 Gr3Y Koopea LIerl and ReoorSr. Wld County a a14r1 h; reV1liiiih�i'fl** WUtah1WIIvI I QUITCLAIM DEED (Statutory Form. C.R.S. § 38-30416) Dietzler Ranch and Cattle Co LLC, a Colorado limited liability company whose address is 3003 E. Harmony Rd., Suite 300, Fort Collins, CO 80525, for valuable consideration, in hand paid, hereby sells and quitclaims to Pawnee Waste LLC, a Colorado limited liability company whose address is 3003 E. Harmony Rd., Suite 300, Fort Collins, CO 80525. the following real property in the County of Weld, State of Colorado, to wit: The Northeast Quarter and the East Half of the Northwest Quarter of Section 13, Township 10 North. Range 6l West of the 6'" P.M., County of Weld, State of Colorado With all its appurtenances. Signed this, +"1day of dt'l �ti , 2015. No documentary fee. Consideration less than £50.00. STATE OF L O/P 6CDh ) ss. ) DtfTZLER RANCH AND CATTLE CO LLC, A Colora�lo.>.imited liability company CitristopheFP. Dietzler, Manager The foregoing instrument was acknowledged before me this ?d /IA, day of 2015. by Christopher P. Dietzler, as Manager of Dietzler Ranch and Cattle Co LLC, a Colorado limited liability company. My commission expires: C/2102 0/ Witness my hand and official seal. A. 61442,Z Notary Public IIONS MIS leyldrallaw COLORADO Division of Water Resources Department of Natural Resources MEMORANDUM TO: Hydro. Services FROM: Shannon Johnson SUBJECT: REQUEST FOR AQUIFER EVALUATION Date: July 6, 2016 Applicant: Pawnee Waste, LLC Receipt No. 3675247 The requested location of the well is in the NE'/4 of the NW1/4, Section 13, Township 10 North, Range 61 West. This application is for a well at a depth of 100 ft. C a'sLAtio Lr • IL FLE✓: Si "b 6A5E wlf-nE- t,'.E¢. 4951 Gams UL -IA 6rke,e T. -P- 11923 D Esz -6-2 LFtk Lcv, So$2 61E Two. 1SLo John W. Hickenlooper Governor Robert Randall Interim Executive Director Dick Wolfe, P.E. Director/State Engineer E: S1IZI9 O: LI521N21 Eta,: So•10 KRK 4o�ry,19 6. SP 29 task- T& <L1AW° Ga.ce"),1g91 MM cF Ca.oeAt NA-UEb 1!S wNIrE 4k.ib2 I.�Ntr6 Rw� r `tint FR°r C-44"Ack To 15o Fc�er (5010- k 91-10 FEET' Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Grassland UL -1A Grassland LFH-15 • 0 0.25 0.5 Not Uietzler LFH-3 Gras land LFH-8 Copyright J. 20113 NationalGeo. r. pricySoci7A';dibed. COLORAD❑ Division of Water Resources Pawnee Waste LLC Aquifer Evaluation A' A 5100 ft 5000 ft 4900 ft 4800 ft Grassland LFH-16 200 ft 1100 ft 0ft 10x Vertical Exaggeration Grassland UL -1A Best Copy Available Dietzler LFH-3 Grassland LFH-9 Grassland LFH-8 Legend White River Upper Laramie Laramie Confining Unit Laramie -Fox Hills Pierre Shale COLORADO Division of Water Resources .o--., iii •ro•ni ,.j N;li u:,, t,:..n.i•,:..:, Pawnee Waste LLC Aquifer Evaluation ;COLORADO Department of Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado June 14, 2016 Board of County Commissioners Weld County 1150 O Street PO Box 758 Greeley, CO 80632 Re: Recommendation of Approval with Conditions Application for Certificate of Designation Pawnee Waste E&P Landfill SW/WLD/PEP 2.1 Members of the Board, On August 17, 2015, the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (Division), received from Weld County, Colorado, a referral notification in the form of an e-mail requesting the Division's review of an engineering design and operations plan (EDOP) for a Certificate of Designation (Application) for operation of the Pawnee Waste E&P Landfill (Facility) near Grover, Colorado. The applicant, Pawnee Waste LLC, is to be the owner and operator of the proposed Facility. The EDOP was received at the Division on August 25, 2015. The Division conducted a completeness review and provided a letter dated September 24, 2015 with a finding that the EDOP was complete in addressing the requirements. On October 20, 2015, the applicant submitted revised appendices to the EDOP including revisions to the Waste Acceptance Plan and a Radiation Risk Assessment. The Division reviewed the EDOP to determine its compliance with the requirements set forth in the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, parts 1 and 10 (Solid Waste Act) of the Colorado Revised Statues (CRS), as amended, and with the regulations promulgated there under: the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (Solid Waste Regulations). The Radiation Risk Assessment was reviewed by the Division's Radiation Control Program to ensure that the waste streams to be accepted by proposed Facility are appropriate for regulation under the Solid Waste Regulations and do not require licensing under the Radiation Control Regulations. 4300 Cherry Creek Drive S-, Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor i Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Board of County Commissioners Recommendation for Approval with Conditions Application for Certificate of Designation Pawnee Waste EEP Landfill June 14, 2016 Page 2 In accordance with the Solid Waste Statute, CRS 30-20-103. the Division conducted both an initial completeness review and subsequent comprehensive technical evaluation of the EDOP, Division comments were developed in coordination with the Weld County Department of Public Health and Environment (WCDPHE). On March 3, 2016, the Division published a notice in the North Weld Herald requesting written public comments on the proposed Pawnee Waste E&P Landfill. The public comment period ended on April 4, 2016, and the Division received no comments. On June 8, 2016, the applicant delivered a complete, final revision of the EDOP, identified as Revision 2, dated April 22, 2016. It is the determination of the Division that the Pawnee Waste E&P Landfill can comply with technical, environmental, and public health standards of the Solid Waste Act and the Solid Waste Regulations if the Facility is monitored and operated as stated in the CD Application and associated EDOP Rev. 2 and with the Division's conditions of recommendation as stated below in this letter. Based on our review and determination, the Division recommends, with conditions, that the Facility may be approved by Weld County based on these and any local criteria. The final revised Pawnee Waste E&P Landfill facility Pawnee Waste E&P Landfill facility Application including the final revised EDOP (Rev. 2) and final resolution containing the CD must be placed in the Facility's operating record. Our recommendation for approval of the Application including the final revised EDOP (Rev. 2) has the following conditions that must be incorporated into the CD if issued by Weld County: 1. The Financial Assurance Plan, including independent third party or referenced cost estimate, shall be submitted to the Division for review and approval. In addition, the financial assurance mechanism must be in -place and approved by the Division prior to acceptance of waste material at the site. Please note that pursuant to the requirements of Section 1.8.3 of the Solid Waste Regulations, the closure and post - closure cost estimate must be adjusted annually to account for inflation or deflation by using the implicit price deflator for the gross domestic product. Additionally, the Facility must replace the original cost estimate every five (5) years unless otherwise required by the Division. Both the annual adjustment and the 5 -year update cost estimates must be submitted to the Division for review and approval. 2. Pursuant to -C.R.S. 25-15-321 Pawnee Waste shall grant to the Division an Environmental Covenant placing environmental use restrictions an the site to ensure protection of human health and the environment following closure of the solid waste disposal site and facility. The environmental covenant must be recorded prior to final closure of the landfill and shall prohibit the construction of habitable, residential or commercial buildings on the site following closure. Alternatively, when the environmental covenant language is developed, the Division may consider inclusion of a specific provision mandating that future habitable buildings, residential or commercial, constructed on the landfill (or within a certain 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.govfcdphe John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Board of County Commissioners Recommendation for Approval with Conditions Application for Certificate of Designation Pawnee Waste EEP Landfill June 14, 2016 Page 3 radius thereof to be determined by the Division based on technical considerations), will require radon resistant construction, post -construction assessment and testing, and radon mitigation as necessary to meet federal, local and Colorado standards or guidance for indoor radon concentrations. 3. The Facility must comply with the public health and environmental laws, standards, and regulations of the Department and all other applicable state, federal, and local rules, and ordinances, including requirements of the Air Pollution Control Division and Water Quality Control Division, which were outside the scope of the review conducted by the Solid Waste Program. As required by 30-20-104(3)(a) and (3)(b), Weld County is obligated to notify its citizens and conduct a public hearing regarding the proposed solid waste facility. Please forward a copy of the Weld County final resolution concerning the CD issuance or denial to the Division. Should you have any questions addressing the determinations herein please contact Andy Todd at (303) 691-4049 or by email at Andrew.Todd_Pstate.co.us. Sincerely, Andy Todd Solid Waste Permitting Unit Solid Waste and Materials Mgmt Program Hazardous Materials Waste Mgmt Division ec: Jane Witheridge Kim Ogle Ben Frissell Jeff Rusch ye. rCi�'— ;Jerry' Henderson Solid Waste Permitting Unit Leader Solid Waste and Materials Mgmt Program Hazardous Materials Waste Mgmt Division Pawnee Waste LLC Weld County Planning Department Weld County Department of Health and Environment Golder Associates 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.govicdphe John W. Hickenlooper, Governor i Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer COLORADO Division of Water Resourc prt L f R 1313 Street, Room 821 Denver, CO 80203 July 5, 2016 Kim Ogle, Planner c/o Weld County Planning Department kogle@co.weld.co.us RE: USR15-0048, Pawnee Waste LLC NE4/E2NW4, Section 13, T10N, R61W Water Division 8, Water District 1 Upper Crow creek Designated Basin Dear Mr. Ogle: Sub& vi'Sss o n ' 2397,' hwwiV wo• 1 -by This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. According to the submitted information, the applicant is requesting a special use permit to allow for the exploration and production waste management facility to serve the oil and gas industry to be formally known as the Pawnee Waste E&P Landfill (°facility"). The applicant proposes to use water from well permit no. 76769-F for restroom facilities, dust abatement, and potentially drinking water. Well permit no. 76769-F, located on the adjacent property, is approved to withdraw 80 acre-feet per year from the Upper Laramie aquifer; approved uses include industrial and commercial uses in all of Weld County. These permitted uses are consistent with the proposed water uses. Additionally, monitoring well permit nos. 297858, 267860-297865 were issued to Pawnee Waste, LLC on the overlying 240 -acre parcel. Should you have any questions in this matter, please contact Neelha Mudigonda at neelha.mudiqondastate.co.us. Sincerely, Yeddegsgeitint Keith Vander Horst, P.E. Designated Basins Team Leader cc: Division 1 Division Engineer District 1 Water Commissioner NNW vw v p '% • 1401139—FKVHINSM: Pawnee_Jul2016.doc �w°F co ta 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.66.3581 F 303.866.2223 www.water.state.co.us a 3 +676' Perfect, thanks Pam. Janet Lundquist Sent from my iPhone On Sep I, 2016, at 3:57 PM, Hora, Pam <Pam.Hora(d tetratech.com> wrote: 1-li Kim, Sorry we missed you on our conference call to discuss Condition of Approval 6A for the Pawnee Waste project. Janet is on the road so I told her I'd email you with the language we discussed so she can read it, send you an email saying she agrees (assuming I get it right) and then you can finalize the staff report. Condition of Approval 6A should read as follows: 30% construction drawings for the paving of CR 1 12 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) Pamela Franch Hora, AICP Senior Planner / Depu Direct +1 720-864-4507 Business +1 303-772-5282 201-1073 Pam.IIora(u retratech.com Tetra Tech Complex World, Clear SolutionsTM 1900 S. Sunset St., Suite 1E, Longmont, CO 80501 y Operations Manager Fax +1 303-772-7039 tetratcch.cotn Please consider the environment before printing. Read More. Mobile +1 720 - This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. Hello