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
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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,
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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
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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 ,/
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wp �
ewes
Ion
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sat 0.,4.�ra 'a-ir.',
fansact,ioi #: 3075247
t'N_116HA Li4'yj PM
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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
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61E Two. 1SLo
John W. Hickenlooper
Governor
Robert Randall Interim
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
E: S1IZI9
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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
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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.
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