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TETRA TECH
May 3, 2016
Mr. Kim Ogle
Weld County Planning
1555 N. 17th Avenue
Greeley, CO 80631
RE: Pawnee Waste E&P Landfill Application Submittal
Dear Kim:
Attached please find a revised application for the Pawnee Waste E&P Landfill project. Attached please
find the following documents:
• two (2) complete hard copies of the revised USR application and
• one (1) CD of the revised USR application package which includes digital files showing the
modifications that were made to the application since it was originally submitted in July of 2015.
If you have any questions about the revised application, please let me know. We look forward to
working with you on this project.
Sincerely,
TETRA TECH
Pamela Franch Hora, AICP
Senior Planner
cc: Jane Witheridge, Pawnee Waste LLC
Chris Dietzler, Pawnee Waste LLC
P:11154761133-115476-150021Deliverables\USR for Landfill\Revised application\Cover letter 05 2016.docx
Tetra Tech
1900 S. Sunset Street, Suite I -E, Longmont, CO 80501
Tel 303-772-5282 Fax 303-772-7039 www.tetratech.com
Table of Contents
Pawnee Waste E&P Landfill USR Application
• Cover letter (REVISED)
• Application form
• Detailed Description of the Proposed Operation and Use (REVISED)
• Written Materials and Supporting Documents (REVISED)
• Exhibit A: Statement of Water Supply (REVISED)
• Exhibit B: Deed and Designation of Authorized Agent (REVISED)
• Exhibit C: Soils Report
• Exhibit D: Adjacent Property Owner Report (REVISED)
• Exhibit E: Drainage Report (REVISED)
• Exhibit F: Traffic Narrative (REVISED)
• Exhibit G: Waste Handling Plan (REVISED)
• Exhibit H: Dust Abatement Plan
• USR Plan Map (11" x 17") (REVISED)
• USR Plan Map (24" x 36") (REVISED)
SOLID WASTE DISPOSAL SITES
USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services 1555 N 17th Ave Greeley CO 80631
Phone (970) 353-6100 x3540 Fax (970) 304-6498
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT #/AMOUNT # 1$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 2 9 1 1 3 1 0 0 0 1 3
. .
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us)
(Include all lots being included in the application area. If additional space is required, attach an additional sheet)
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature).
I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of
County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of
Weld County, Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: E1/2 of NW1/4 and NE1/4 of
LEGAL DESCRIPTION of contiguous property owned which Special Review Permit is proposed
Section T N, R W.
Property Address (if available) 57996 CR 95 Grover, CO 80729
PRESENT ZONE Ag OVERLAY ZONES none TOTAL ACREAGE 243
PROPOSED LAND USE Solid Waste Facility EXISTING LAND USE agricultural, grazing, oil and gas
Section 13 T 10 N, R61 W.
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT:
Name: Pawnee Waste LLC
Address: 3003 E. Harmony Rd., Ste 300 City: Fort Collins
Home Telephone: Business Telephone: 720-932-8072
Zip: 80525
Name:
Address: City: Zip:
Home Telephone: Business Telephone:
APPLICANT OR AUTHORIZED AGENT (if different than above):
Name: Jane Witheridge
Address: 3003 E. Harmony Rd., Ste 300 City: Fort Collins Zip: 80525
Home Telephone: 970-222-4243 Business Telephone:
List the owner(s) and/or lessees of mineral rights on or under the subject properties of record.
Name: Farm Credit Bank of Wichita
Address: PO BOX 2940 City: Wichita, KS Zip: 67201
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained
within the application are true and correct to the best of my knowledge.
Signature: Owner or Authorized ,\G, nt
10
Detailed Description of Proposed Operation and Use
Pawnee Waste E&P Landfill USR Application
Detailed Description of the Proposed Operation
A. Explain proposed use
Pawnee Waste LLC (Pawnee), the owner of a 240 acre parcel of land in Weld
County, proposes to develop a commercial, state-of-the-art exploration and
production (E&P) waste management facility to serve the oil and gas industry, to be
formally known as the Pawnee Waste E&P Landfill (commonly referred to as the
"facility" in this document). The facility will be located at 57996 CR 95, Grover, CO
80729 (parcel number 029113100013), which is located in the E1/2 of the NW1/4
and the NE1/4 of Section 13, Township 10 North, Range 61 West. The property is
zoned A (Agricultural), and will be accessed via an extension of WCR 118,
beginning at WCR 95 extending east to the site entrance.
Pawnee is proposing to construct and operate a state-of-the-art solid waste
management facility that will receive exploration wastes, which are non -hazardous
and may contain very low concentrations of naturally occurring radioactive materials
(NORM) and technically enhanced or naturally occurring radioactive materials
(TENORM), as defined and regulated by the Colorado Department of Public Health
and Environment (CDPHE). The facility will utilize a multiple liner system, and a
solidification process in order to ensure only wastes without free liquids are
landfilled. A risk assessment has been conducted to determine the types of wastes
that may be accepted to ensure the safety of Pawnee's workers and the public.
Installation and testing of liners, strategically located monitoring wells, and the
routine application of cover materials have been incorporated into the engineering
design and operation plan (EDOP). In addition, a detailed waste acceptance plan
(WAP) has been developed to ensure that only wastes approved by the County and
CDPHE will be received by Pawnee.
In accordance with the WAP, loads received by Pawnee for disposal will be pre-
screened to ensure the wastes comply with applicable regulations and approvals
("Acceptable Wastes"). The screening process will include generator certifications,
analytical requirements, detection equipment and camera systems, and on -site
evaluations to confirm that only Acceptable Wastes are disposed. Routine site
inspections and maintenance programs, surface and groundwater monitoring, and
the posting of a financial assurance instrument to cover costs associated with
closure and post -closure care, are CDPHE requirements which Pawnee will follow.
Customers will be responsible for delivering Acceptable Wastes to Pawnee. When
customers arrive at the facility, they will be directed to a load scale so that the trucks
can be weighed and the contents evaluated to ensure they match the required
paperwork and pass the screening controls. E&P waste, including cuttings, muds,
treated tank bottoms, and wastewater sludge from injection wells will be considered
Acceptable Waste only if it passes the screening controls and meets the criteria
specified in the EDOP submitted to CDPHE and approved by Weld County.
1
Once a load of waste is accepted, the truck will be directed to a designated location
within the certified lined disposal area to unload the waste from the truck. Waste
material that contains free liquids will be treated with adsorbent material. All
Acceptable Waste will be spread in thin layers in the certified lined cell. These
wastes will be covered in accordance with CDPHE regulations to ensure the safe
and environmentally secure management of the waste. After the materials are
unloaded by the customer, the drivers will complete the required exit paperwork prior
to leaving the site.
As proposed, the lined landfill operation will be divided into phases to control and
track the placement of waste. Each phase will be subdivided so that the operations
are confined and cells can be lined in increments. All controls associated with the
construction and installation of liners and detection systems will be performed under
the strict supervision of a licensed professional engineer. A construction report
signed by an independent professional engineer will be submitted for review by
CDPHE prior to placing waste in that area. The location of the wastes will be
identified on a grid which will form part of the permanent operating record.
Equipment to be used on the site and the function of that equipment is described in
the table below.
Equipment
Function
Scale & software
Weigh, document and track waste received
Bulldozer(s)
Spread and compact waste and cover material; fire
protection
Excavator
Excavate future cells and cover material
Wheeled front-end
loader
Load cover material, site maintenance, fire protection,
snow removal
Motor grader
Road maintenance, drainage maintenance, grade
unloading areas, snow removal
Dump truck
Haul cover soil; site maintenance
Support vehicles
Equipment and site maintenance, leachate management,
inspections, monitoring
Leachate pumps
Dedicated pumps in each sump for pumping leachate
Portable generator
Provide electric service for the leachate sumps'
Tanker truck or water
wagon
Water truck for dust control, dedicated tanker for leachate
pumping and hauling
Portable liquid holding
"frac" tank(s)
Leachate storage (number will vary)
1 Leachate generation at E&P facilities in a dry climate, such as northeastern
Colorado, is expected to be minimal; thus, leachate pumping is expected to be
required infrequently. However, should the operation necessitate frequent pumping,
a power line will be brought to each of the four leachate sumps.
2
Equipment
Function
Portable light plants
Illuminate work areas for safety during operations outside
of daylight hours
Radiation detectors
Portal monitor and handheld gamma meter to survey
incoming waste loads for radioactivity
Power washer
Equipment cleaning
Waste water tank
To collect all waste water which results from use of the
power washer.
Air compressor
Equipment service and maintenance
Camera surveillance
system
Security
Water pumps
Manage surface water
A three -strand, barbed wire fence is planned to be constructed around the perimeter
of the site. There will be a swing gate at the entrance into the facility that will be
closed and locked when the facility is closed. A turnaround area is being provided
on the site west of the gate to allow a vehicle to safely turn around and exit the site;
this is important in case someone should drive down the road to the facility when the
facility is closed. While employees are at the facility and able to accept waste, the
gate will be left open. Pawnee will work with the fire district to make sure we have
access into the facility 24 hours a day to be able to respond to an after hour
emergency, if necessary.
The following is a list of proposed structures and uses at the Pawnee Waste E&P
Landfill, please see the USR site plan map for more detail:
• Lined landfill — The landfill will be divided into four phases and cover
approximately 74 acres of the site. The cells will include low permeability soil
(on -site soils with bentonite admixture) and synthetic liners, surface water
control systems, leachate collection and removal systems, solidification,
leachate collection sumps and cover materials.
• Leachate storage tank area — This will be a concrete -lined area
(approximately one acre) where four to eight frac tanks will be located to hold
leachate, if any, that may be withdrawn from the sumps. This leachate may
be used in dust suppression within the active lined landfill cell if it meets
regulatory requirements for application, or delivered off -site for disposal to an
approved, third party, liquid waste handling facility.
• Surface water control areas — Approximately 14.5 acres of the site will be
used for surface water control features including a stormwater detention
pond, channels, and berms to protect the site and areas downstream from a
100 -year, 24 -hour flood. All of the surface water control features will be
designed and constructed to manage run-on and run-off in strict accordance
with CDPHE and Weld County regulations.
• Buffer Zones — Approximately 100 acres of the site will be undisturbed and
have natural vegetation (grass). Another 30 acres of the site may be used for
3
temporary soil stockpiles and borrow areas, which will also be vegetated
when not in use.
• Truck staging area and roads — Approximately 6.3 acres of gravel for the
permanent roads and truck staging area will be on the site. The entrance
road will lead to the staging areas near the scale house and to a permanent
perimeter road around the landfill. A gravel loading/unloading area will be
adjacent to the leachate frac tank storage area. The site will also have
temporary internal roads to access the daily operating area. The number of
temporary roads internal to the property will vary, based on the phase of the
landfill and the required activities on -site. The perimeter road will be
constructed in stages as the landfill is developed.
• Scale house/office — This building will be a doublewide trailer that could be up
to 3,000 square feet.
• Scales — Up to two scales will be at the facility. Each scale and its supporting
structure is anticipated to be less than 1,000 square feet.
• Maintenance Facility/Operator Facility — This building will be up to 5,000
square feet. It will be used for equipment maintenance and storage, records
storage, reception area/office and lunchroom, and provide a change and
washroom for the operators.
• Storage shed — This building will be approximately 1,100 square feet. It will
be used for storage of absorbent material, such as cement kiln dust or fly ash
in totes.
• Fuel storage tank with containment - This tank will be up to 10,000 gallons
and have an SPCC associated with it.
B. Explain need for use
Weld County leads Colorado in the exploration and production (E&P) of oil and gas
and, as a result, is the leading producer of waste associated with the oil and gas
industry. E&P wastes in Weld County come from a variety of sources and facilities,
including: drilling at new well sites, the operation of more than 20,000 active
production wells, treatment facilities associated with over 40 disposals wells, oil
reclaimers, gathering lines, pits, contaminated legacy sites, and numerous gas
compressor plants. E&P wastes from these activities can be either hazardous or
non -hazardous, and may or may not contain TENORM.
E&P waste management practices, which are permitted by the Colorado Oil and Gas
Conservation Commission (COGCC) and/or the Colorado Department of Public
Health and the Environmental (CDPHE), include: land farming and land application
of cuttings and water based bentonite drilling muds, beneficial re -use of E&P wastes,
road spreading of produced water, evaporation, disposal wells, and composting or
landfilling at municipal solid waste disposal facilities.
Weld County has five active centralized waste management facilities approved by
COGCC. These are not commercially available to third parties and, except for the
liquids bulking facility, wastes managed at the remaining four locations are generally
limited to land treatment and application of exploration wastes such as cuttings and
4
muds. None of these centralized waste management facilities include landfilling
operations.
Attached to the other materials and supporting documents report is a letter from
NGL Energy Partners LP, a publicly traded organization on the New York Stock
Exchange. NGL is a leading provider of oil and gas waste water disposal and
recycling services in the DJ basin, and is highly supportive of Pawnee's facility
because it fills a need to reduce truck traffic and reduce operating costs in a manner
that is highly protective of the environment and public welfare.
Under Colorado's Solid Wastes Act, E&P wastes with TENROM may not be
managed at a facility unless it is "specifically designated for that purpose."2 Whereas
the law does not specify the level at which a material is considered to be TENORM,
CDPHE's policy limit is 3 pCi/gm (Ra-226 +Ra-228 above background).3
In a recent meeting with Pawnee Waste LLC (Pawnee), CDPHE was able to only
identify three designated landfills in Colorado that are permitted to accept TENORM
waste; none are located in Weld County. Further, none of these designated landfills
operate exclusively to service the E&P industry. The absence of such a facility in
Weld County leaves generators with very limited options and a substantial gap in
Weld County's waste infrastructure.
Pawnee fulfills a critical component of Weld County's E&P infrastructure needs by
offering the following benefits not now available:
• A prime location in the heart of the DJ Basin, which reduces truck -miles
required for delivery out -of -county.
• A secure, safe and environmentally sound long-term disposal option for a
broad spectrum of non -hazardous E&P wastes with limited concentrations of
TENORM.
• A landfill design and operation plan dedicated exclusively to the safe and
environmentally sound management of E&P wastes.
• A risk model which sets forth operating criteria to assure the secure, long-
term protection of public health.
• A protective, multi -layered liner system and sophisticated testing protocol
unparalleled in Colorado.
Whereas other states with high levels of E&P activities have dedicated landfills to
secure generator wastes, Pawnee's E&P landfill would be the first of its kind in
Colorado. Through careful review and consideration, Weld County has the opportunity
to lead the State in both energy production and environmental stewardship.
2 Title 30. Government - County Powers and Functions, Article 20. Public
Improvements, Part 1. Solid Wastes Disposal Sites and Facilities, C.R.S. 30-20-110 —
Minimum Standards (1) (c)
3 Interim Policy and Guidance Pending Rulemaking for Control and Disposition of
Technologically -Enhanced Naturally Occurring Radioactive Materials in Colorado, Rev.
2.1. Final Draft. February 2007
5
C. Explain the types of existing uses on surrounding properties
The site and surrounding areas are non -irrigated rangeland that are generally used
for cattle grazing and oil and gas facilities. There are very few residences in the
area, the closest one being about a mile and a half to the west. However, it is very
important to Pawnee that we design and operate the facility in a manner that is
respectful to the neighbors. Therefore, we have contacted all neighboring property
owners within a 9 square mile area (defined by WCR 93 right-of-way on the west,
WCR 120 right-of-way on the north, WCR 99 right-of-way on the east, WCR 114
right-of-way and road on the south) about this project. In the most recent
communications with these neighboring property owners, the only issue raised
concerned a neighbor's fence which Pawnee has offered to relocate. Pawnee LLC
will continue to keep the neighbors updated, listen to their issues, and address
concerns that may arise.
D. Distance of the proposed use to residential structures in each direction
Residential structures located near the proposed facility are:
• About 3.0 miles to the north in the vicinity of WCR 97 and what would be right-of-
way for WCR 124
• About 1.5 miles to the west off of County Road 118
• About 2.0 miles to the southwest off of WCR 114 between WCR 390 and WCR
95
• About 3.0 miles to the south along WCR 112, east of WCR 95
• About 4.25 miles to the east off of WCR 118, east of WCR 105
E. Maximum number of users, patrons, members, and buyers
In addition to Pawnee employees, the following is a summary of other people who
are expected to visit the facility:
People who may use this site in addition to employees
Number of
people
expected and
frequency of
visits
1) Truck drivers delivering waste to the facility represent the
largest number of people expected to visit the facility. Drivers
will be required to stay in their vehicles except when
delivering/receiving paperwork, facilitating load
inspections/waste screening, and/or preparing the vehicle for
off-loading.
Up to 150 per
day (depends
on market
conditions)
2) Customer representatives may visit the site to inspect it for
their own internal procedures. These customers will be
provided a tour of the facility and provided with the
appropriate permits under the direction of the Site Manager.
1-2per week
6
People who may use this site in addition to employees
Number of
people
expected and
frequency of
visits
3) Third party consultants may visit the facility to enhance
training, provide environmental testing and reporting, and
other work as may be needed at the facility.
1-2 per week
4) Regulators may visit the site to perform independent
inspections. Pawnee welcomes their participation in
ensuring the safe and compliant operation of its facility.
1-2 per month
5) Third party contractors will be required for heavy equipment
maintenance and fueling. Contractors related to equipment
maintenance may frequent the site on a weekly basis.
1-2 per week
6) There will also be other miscellaneous visits to the site each
day for things like mail deliveries, package/office supply
deliveries, and trash collection.
3-5 per day
7) During the construction of new landfill cells, third party
contractor construction crews will need to be on -site. In
addition, third party consultants overseeing the proper
construction of the landfill may also be on -site.
10-15 per day
about once
every 2 years
for 90-120 days
Customers will be responsible for delivering their own E&P wastes to the facility.
When customers arrive at the facility, they will be directed to a load scale so that the
trucks can be weighed and the content evaluated to ensure it matches the required
paperwork. Water -based muds, treated tank bottoms and treated solids are some of
the wastes that may be considered "Acceptable Wastes" if they meet the criteria
specified in the Design and Operations Plan submitted to CDPHE. Once a truckload
of waste is accepted, the truck will be directed to a location at the facility to unload
the waste from their trucks. After the materials are unloaded, the drivers will
complete the required exit paperwork prior to leaving the site.
F. Number of employees, number of shifts, and hours of operation
In order to accommodate market needs, Pawnee plans to operate seven days a
week, during daylight hours. However, Pawnee would like the ability to open the
facility outside of daylight hours to accept a delivery from a customer should the
extended hours be warranted. No wastes will be accepted for disposal without
personnel being on -site who are trained in the proper acceptance and management
of the waste.
It is anticipated that up to ten (10) full-time employees could be on the site each day.
Their duties are generally described as follows:
7
• One (1) Site Manager — Overall responsibility for personnel safety, training,
site inspections, and compliance with all applicable rules and regulations.
• One (1) Gate Attendant/Records Manager — Responsible for ensuring all
waste loads received are pre -approved, accurately screened, and meet the
pre-screening requirements. This person will also be responsible for directing
customers where to offload their waste and then maintaining records to keep
track of where the customer's waste has been offloaded.
• Five (5) Operators — Responsible for the safe and compliant handling of the
waste, site maintenance, and for operating properly maintained equipment.
• One to three (1 to 3) Support Team Member — Responsible for supporting
other team members and performing routine preventive maintenance on
equipment. It is anticipated that just one (1) support team member will be
needed; however, it is possible that additional support may be needed to
ensure the safe and environmentally compliant operation of the landfill, which
will be determined based on personnel and market needs.
G. Type of water source for the proposed use. If using a well, please complete the
attached Water Supply Information Summary.
Pawnee will purchase potable water from the neighboring parcel, owned by
Grassland Water Solutions LLC (Grassland). Grassland has agreed to supply
potable to the Pawnee facility from one of their existing wells (permit number 78412-
F). A waterline would then be extended from the Grassland well to the Pawnee
property. The Pawnee facility will have restroom facilities in the office/scale house
and at the maintenance facility. The well will provide water for these restroom
facilities. Depending on the quality of the water from the well, bottled water may be
provided for drinking water at the facility. Pawnee will work with Grassland to obtain
approval from the Colorado Department of Water Resources and CDPHE to permit
this water use. When it comes to water for dust suppression, Pawnee will load a
water truck with water from Grassland's existing water load out facility (USR-1787),
which is on the adjacent property.
The Water Supply Information Summary is included in the application package as
Exhibit A.
H. Explain the access route(s) to be utilized for the proposed use
The main access point will be located on the north edge of the W1/2 of the NW1/4 of
Section 13, Township 10 North, Range 61 West within the County Road 118 right-of-
way. Currently WCR 118 dead ends at WCR 95. Per the request of the County, the
road is planned to be constructed so that it lines up with the existing portion of WCR
118. The access road into the facility is planned to be a gravel road designed per
geotechnical recommendations to accommodate the anticipated traffic for the site.
The road will also have tracking control (double cattle guards) installed at the
intersection of the road and WCR95 to prevent the tracking of excess gravel onto the
County roads.
8
Pawnee seeks to minimize impacts of traffic on the neighbors. Historically,
neighbors living at the corner of WCR 95 and WCR112 had expressed concerns
regarding impacts generated by trucks turning at the intersection of WCR 95 and
WCR 112. However, this is no longer an issue because a company affiliated with
Pawnee Waste LLC recently acquired the impacted property at that intersection.
Even with this purchase, Pawnee recognizes that they will be required to assist with
dust control maintenance along their haul route in accordance with County
standards and an improvements agreement.
I. Explain type, size, weight and frequency of vehicular traffic associated with
the proposed use
The maximum amount of vehicular traffic expected at the facility is up to 162
vehicles per day at ultimate build -out, which includes customer and employee
vehicles. Most of the vehicles, up to 150, will be the customer's dump trucks that are
expected to arrive and depart during daylight hours. Employee and miscellaneous
site vehicles will typically be passenger cars or pickup trucks and will be in the range
of 10-12 vehicles per day. The specific weight of vehicles is unknown, but it is noted
that the County will not allow vehicles on County roads to exceed CDOT's required
specifications for pounds per axle.
The traffic study performed by traffic engineer Gene Coppola indicates that the
facility can be served by the existing roadway system. The traffic study states that
this development is viable from a traffic engineering perspective.
Type/Size of Vehicles
Estimated Number of Trips
per 24 hour day
Large trucks
(could be tandem dump trucks, end dumps, roll-
offs, belly -dumps or side -dump trucks)
Up to 150
Employee vehicles
(passenger vehicles)
Up to 10
Miscellaneous visitor vehicles
(mail, delivery, trash, maintenance)
Up to 2
During construction, there could be another 10-15 passenger vehicles (construction
workers) plus semi-trucks/trailers used to bring construction equipment and
materials to the site at the beginning and end of each construction period.
9
J. Type of sewage facilities for the proposed use
Pawnee will obtain a permit to install a commercial, engineered septic system for
their restroom and kitchen facilities on the property. The septic permit will be
submitted before or concurrent with the building permits. In addition, in order to
better serve our customers, Pawnee may install portable toilets for our use.
Pawnee may utilize water to clean off equipment inside of the maintenance facility.
Any water generated by this activity will be managed separately from the sanitary
sewer facilities. This wastewater would be collected and stored in a tank for
subsequent collection and disposal by a third party authorized to manage this waste.
K. Description of the proposed fire protection measures associated with the
proposed use
Pawnee is in the process of preparing an Emergency Action Plan for the facility.
The plan will be prepared in coordination with the Pawnee Fire Protection District.
Once completed, the plan will be provided to Weld County's Office of Emergency
Management for approval.
L. Types and maximum number of animals to be concentrated on the Use by
Special Review area at any one time.
No animals will be kept or contained on this site.
M. Type and size of any waste, stockpile or storage areas associated with the
proposed use.
The USR application is requesting to permit a designated E&P waste landfill. A
detailed description of the wastes to be accepted is provided under Section A of this
document.
A Waste Handling Plan (see Exhibit G) is included in this application to address how
wastes will be handled.
Pumps, filters and other spare parts will be stored in the maintenance building.
Absorbent material, such as fly ash or cement kiln dust, which will be used to solidify
liquids, will be stored on -site in tote containers located in a storage shed.
N. Type of storm water retention facilities associated with the proposed use.
A combination of a perimeter berm and ditching will be constructed around the
landfill area to manage stormwater in accordance with CDPHE and Weld County
criteria. Water that has not been in contact with waste will be routed to a surface
water pond located on the southwest side of the proposed landfill. Water that has
been in contact with waste is considered leachate; it will be managed through
collection lines, sumps, and storage in tanks on the west side of the landfill.
10
Stormwater run-on from topographically upgradient areas will be diverted around the
north and east sides of the landfill area via a channel adjacent to the perimeter
berm. The run-on channel flow will be converted to overland sheet flow via energy
dissipation structures located in the northwest corner of the site, as well as within the
landfill area to minimize sediment from entering the contact pond. A stormwater
catchment basin is proposed south of the scale house, scales, and maintenance
shed to capture run-off from this area. For a detailed explanation of the proposed
storm water drainage plan and the proposed improvements, please see the
Drainage Report included with this application.
O. Time schedule and method of removal and disposal of debris, junk and other
wastes associated with the proposed use.
See Exhibit G: Waste Handling Plan included in this application.
P. Explain proposed landscaping plans and erosion control measures associated
with the proposed use.
Through the CDPHE process required for permitting this landfill facility, a detailed
Engineering Design and Operations Plan (EDOP) was prepared. Proposed
mulching and seeding information is included in the EDOP in Section 8 of Appendix
G: Construction Quality Assurance Plan. In addition, information on post -closure
maintenance of the vegetation is explained in the EDOP, in Section 3.6 of Appendix
F: Closure and Post -closure Plan.
Q. Reclamation procedures to be employed upon cessation of the Use by Special
Review activity.
A Closure/Post-Closure Plan which addresses the procedures when termination of
the landfill occurs in included in the EDOP. All closure and post -closure activities
will be performed in accordance with applicable CDPHE regulations. For more
detailed information, see Appendix F and G of the EDOP.
R. Time table showing the periods of time required for construction and start-up
of the proposed use.
Following approval of USR application by the County, Pawnee anticipates that it will
take three to six months to construct the infrastructure required for the proposed
facility to begin operating. It is hoped that the facility can be operational by the
fourth quarter of 2016.
11
Written Materials and Supporting Documents
Pawnee Waste E&P Landfill USR Application
The following written materials and supporting documents shall be submitted as a
part of the application:
A. Statement demonstrating there is a need for the facility within the proposed area
of service.
Weld County leads Colorado in the exploration and production (E&P) of oil and gas
and, as a result, is the leading producer of waste associated with the oil and gas
industry. E&P wastes in Weld County come from a variety of sources and facilities,
including: drilling at new well sites, the operation of more than 20,000 active
production wells, treatment facilities associated with over 40 disposals wells, oil
reclaimers, gathering lines, pits, contaminated legacy sites, and numerous gas
compressor plants. E&P wastes from these activities can be either hazardous or non-
hazardous, and may or may not contain technically enhanced or naturally occurring
radioactive materials (TENORM).
E&P waste management practices, which are permitted by the Colorado Oil and Gas
Conservation Commission (COGCC) and/or the Colorado Department of Public
Health and the Environmental (CDPHE), include: land farming and land application of
cuttings and water based bentonite drilling muds, beneficial re -use of E&P wastes,
road spreading of produced water, evaporation, disposal wells, and composting or
landfilling at municipal solid waste disposal facilities.
Weld County has five active centralized waste management facilities approved by
COGCC. These are not commercially available to third parties and, except for the
liquids bulking facility, wastes managed at the remaining four locations are generally
limited to land treatment and application of exploration wastes such as cuttings and
muds. None of these centralized waste management facilities include landfilling
operations.
Please see attached letter from NGL Energy Partners LP, a publicly traded
organization on the New York Stock Exchange. NGL is a leading provider of oil and
gas waste water disposal and recycling services in the DJ basin, and is highly
supportive of Pawnee's facility because it fills a need to reduce truck traffic and reduce
operating costs in a manner that is highly protective of the environment and public
welfare.
Under Colorado's Solid Wastes Act, E&P wastes with TENROM may not be managed
at a facility unless it is "specifically designated for that purpose.'' Whereas the law
1 Title 30. Government - County Powers and Functions, Article 20. Public
Improvements, Part 1. Solid Wastes Disposal Sites and Facilities, C.R.S. 30-20-110 —
Minimum Standards (1) (c)
1
does not specify the level at which a material is considered to be TENORM, CDPHE's
policy limit is 3 pCi/gm (Ra-226 +Ra-228 above background).2
In a recent meeting with Pawnee Waste LLC (Pawnee), CDPHE was able to only
identify three designated landfills in Colorado that are permitted to accept TENORM
waste; none are located in Weld County. Further, none of these designated landfills
operate exclusively to service the E&P industry. The absence of such a facility in
Weld County leaves generators with very limited options and a substantial gap in Weld
County's waste infrastructure.
Pawnee fulfills a critical component of Weld County's E&P infrastructure needs by
offering the following benefits not now available:
• A prime location in the heart of the DJ Basin, which reduces truck -miles
required for delivery out -of -county.
• A secure, safe and environmentally sound long-term disposal option for a broad
spectrum of non -hazardous E&P wastes with limited concentrations of
TENORM.
• A landfill design and operation plan dedicated exclusively to the safe and
environmentally sound management of E&P wastes.
• A risk model which sets forth operating criteria to assure the secure, long-term
protection of public health.
• A protective, multi -layered liner system and sophisticated testing protocol
unparalleled in Colorado.
Whereas other states with high levels of E&P activities have dedicated landfills to secure
generator wastes, Pawnee's E&P landfill would be the first of its kind in Colorado. Through
careful review and consideration, Weld County has the opportunity to lead the State in
both energy production and environmental stewardship.
B. Statement explaining how the proposal is consistent with the Weld County
Code, Chapter 22.
The Pawnee facility will be consistent with the following Goals and Policies found in
the Weld County Code, Chapter 22:
F.Goal 1. All final disposal facilities in the County will locate, develop and operate in a
manner that minimizes interference with other agricultural uses, rural settlement
patterns and existing residential communities.
2 Interim Policy and Guidance Pending Rulemaking for Control and Disposition of
Technologically -Enhanced Naturally Occurring Radioactive Materials in Colorado, Rev.
2.1. Final Draft. February 2007
2
The facility will operate on land that is undeveloped, non -irrigated rangeland. No
productive agricultural land will be impacted by this project. The site may be
considered remote, with the closest residential structures located as follows:
• About 3.0 miles to the north in the vicinity of WCR 97 and what would be right-
of-way for WCR 124
• About 1.5 miles to the west off of County Road 118
• About 2.0 miles to the southwest off of WCR 114 between WCR 390 and WCR
95
• About 3.0 miles to the south along WCR 112, east of WCR 95
• About 4.25 miles to the east off of WCR 118, east of WCR 105
Immediately to the west of Pawnee's property are E&P related land uses, including a
commercial water depot, water recycling and solids processing operations, and
disposal wells.
The nearest residential community is the Town of Grover which is located a little over
three (3) miles northwest of the facility. Pawnee has met with the Town of Grover
about the project and will continue to coordinate with them to make sure any concerns
that the Town may have related to impacts on their community are appropriately
addressed in order to minimize interference with the Town.
EP.Goal 1. Encourage the minimization of mineral resource exploration and
production waste and require the safe disposal of it.
Weld County is the largest generator of E&P waste in the State of Colorado and there
are currently no designated commercial landfill facilities in the County authorized to
dispose of non -hazardous oil and gas wastes which contain TENROM. Thus, the
Pawnee landfill will provide generators of these wastes with an option not now
available. As proposed, Pawnee's E&P landfill is exclusively dedicated to the safe
and environmentally sound management of E&P wastes. Techniques for waste
screening and other environmental controls exceed regulatory requirements, making
it the only state-of-the-art E&P landfill of its kind within the State of Colorado.
OG.Goal 1: Promote the reasonable and orderly exploration and development of oil
and gas mineral resources.
The Pawnee Waste E&P Landfill is located in the heart of the DJ -Basin. As noted by
NGL, the largest operator of disposal wells in the County, Pawnee's central location
will help generators of waste within the oil and gas industry to operate in a reasonable
and orderly manner by reducing truck miles required to be travelled to a facility
designated and specifically designed to handle their waste.
3
OG.Goal 3. Prevent surface and groundwater contamination from oil and gas minerals
exploration and extraction.
A site specific drainage plan, which controls stormwater flow from a 100 -year storm
event, has been designed for the Pawnee facility. Design details are provided in the
EDOP and are fully described in the Drainage Plan.
In order to prevent groundwater contamination, the Pawnee landfill is designed to
maintain a minimum vertical separation distance of 20 feet from groundwater. The
landfill liner system is an enhanced composite system which consists of the following
additional protective measures:
• Two foot bentonite soil admix layer with a maximum permeability of 1 x 10-7
cm/sec
• Geo-composite clay liner (GCL)
• 60 mil high density polyethylene (HDPE) liner
• Protective geotextiles
• Leachate collection and storage system
• Comprehensive construction quality assurance (CQA) program, including
electrical liner integrity surveys to verify the HDPE liner system is procured and
installed as designed
These systems are designed to prevent groundwater and surface water contamination
during the active life of the landfill and post -closure.
C. Statement explaining how the proposal is consistent with the intent of the
district in which the use is located.
The property is located in the Agricultural Zone District. According to the Weld County
Code, oil and gas support and service facilities as well as solid waste disposal sites,
both of which would apply to the Pawnee's proposed landfill facility, are Uses by
Special Review in the Agricultural Zoning District. Also located in Section 13, adjacent
to the Pawnee Waste site, are Grassland Water Solutions LLC and NGL Water
Solutions DJ LLC.
D. If applicable, a statement explaining what efforts have been made, in the
location decision for the proposed use, to conserve productive agricultural land
in the agricultural zone district.
The facility is located on non -irrigated rangeland, as is the land all around it.
Therefore, it will not take prime agricultural land out of crop production nor will it impact
prime agricultural land.
4
E. Statement explaining there is adequate provision for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and the
county.
E&P solid wastes are regulated by the Colorado Department of Public Health and the
Environment (CDPHE). Pawnee will construct and operate the proposed state-of-the-
art E&P facility to ensure protection of the health, safety and welfare of the
neighborhood and the County in accordance with all applicable regulations and
adherence to the site -specific Engineering Design and Operation Plan (EDOP). In
addition to the groundwater and surface water environmental protections noted above
and more fully described in the EDOP, a risk assessment has been performed in
accordance with CDPHE standards to ensure the long-term protection of the public.
Although the site is remote, Pawnee has designed and will operate the facility in a
manner that is respectful to its neighbors. Pawnee has reached out to all neighboring
property owners within a 9 square mile area (defined by WCR 93 right-of-way on the
west, WCR 120 right-of-way on the north, WCR 99 right-of-way on the east, WCR 114
right-of-way and road on the south) to keep them informed about this project and
address any questions they may have. Pawnee will continue to keep the neighboring
property owners updated.
F. Statement explaining the uses permitted will be compatible with the existing
surrounding land uses (include a description of existing land uses of all
properties adjacent to the property).
The facility will be compatible with the existing surrounding land uses. To the west is
a water depot, water recycling and solids processing operation, and injection wells
(Grassland Water Solutions LLC and NGL Water Solutions DJ LLC), all of which serve
the E&P industry. Non -irrigated rangeland used for grazing lies to the north, east and
south. There is also exploration activity and production wells in the area. The nearest
residential structure is about 1.5 miles to the west of the site.
G. Statement explaining the proposed use will be compatible with the future
development of the surrounding area as permitted by the existing zone and with
future development as projected by the comprehensive plan of the county or
the adopted master plans of affected municipalities.
The land that Pawnee proposes to use for its facility is non -irrigated rangeland that is
located in a very rural area where there is a significant amount of oil and gas activity.
The proposed facility will not inhibit the agricultural uses in the surrounding area, yet
it will complement the existing and future oil and gas activities in the area. The nearest
municipality is the Town of Grover which is located about three miles northwest of the
landfill. Pawnee has met with the Town about plans for proposing an E&P waste
facility on the property and Pawnee will continue to keep the Town updated as to
progress on the project. The primary concerns of the Town were to protect the health,
safety and welfare of the community which will happen through a properly designed
5
and permitted facility. In addition, the Town was concerned about making sure trucks
would not travel through the middle of their community unless they were planning to
stop to support local business.
H. Statement explaining the use by special review area is not located in a flood
plain, geologic hazard and Weld County Airport overlay district area; or that the
application complies with Chapter 23, Article V, overlay district regulations as
outlined in the Weld County Code.
The property is not located within a floodplain, a geologic hazard area or an airport
overlay district area. This is also addressed in Section 3.0: Location Restrictions and
Site Standards section of the Engineering Design and Operations Plan (EDOP).
I. Proof that a water supply will be available which is adequate in terms of
quantity, quality, and dependability (e.g., a well permit or letter from a water
district).
Pawnee will purchase potable water from the neighboring parcel, owned by Grassland
Water Solutions LLC (Grassland). Grassland has agreed to supply potable to the
Pawnee facility from one of their existing wells (permit number 78412-F). A waterline
would then be extended from the Grassland well to the Pawnee property. The Pawnee
facility will have restroom facilities in the office/scale house and at the maintenance
facility. The well will provide water for these restroom facilities. Depending on the
quality of the water from the well, bottled water may be provided for drinking water at
the facility. Pawnee will work with Grassland to obtain approval from the Colorado
Department of Water Resources and CDPHE to permit this water use. When it comes
to water for dust suppression, Pawnee will load a water truck with water from
Grassland's existing water load out facility (USR-1787), which is on the adjacent
property.
The Water Supply Information Summary is included in the application package as
Exhibit A.
J. A copy of the deed or legal instrument identifying the applicant(s) interest in
the property under consideration. If an authorized agent signs the application
for the fee owner(s), a letter granting power of attorney to the agent from the
property owner(s) shall be provided.
The documentation is attached; please see Exhibit B.
K. Two copies of a noise report, unless waived by the Department of Planning
Services, documenting the methods to be utilized to meet the applicable noise
standards.
This requirement was waived by the Department of Planning Services.
6
L. Two copies of a soil report of the site prepared by the Soil Conservation
Service or by a soils engineer or scientist. In those instances when the soil
report indicates the existence of moderate or severe soil limitations for the
uses proposed, the applicant shall detail the methods to be employed to
mitigate the limitations.
A report is attached; see Exhibit C.
M. One copy of affidavit and certified list of the names, addresses and the
corresponding Parcel Identification Number assigned by the Weld County
Assessor of the owners' of property (the surface estate) within 500 feet of
property being considered.
The affidavit and list are attached; see Exhibit D.
N. Drainage Report
The drainage report is attached; see Exhibit E.
O. Traffic Study
A traffic narrative is attached; please see Exhibit F.
P. Waste Handling Plan
A Waste Handling Plan is attached; please see Exhibit G.
Q. Dust Abatement Plan
A Dust Abatement Plan is attached; please see Exhibit H.
R. Flood Hazard Development Permit (FHDP)
A FHDP is not required.
S. Geologic Hazard Development Permit (GHDP)
A GHDP is not required.
7
Nd
Energy Partners LP
Mr. Chris Dietzler, CEO
Pawnee Waste LLC
3003 E. Harmony Rd. Suite 300
Ft. Collins, CO 80528
January 21, 2016
Dear Chris,
This letter is written to advise you of NGL Energy Partners LP (NGL) long term interest in disposing of its
acceptable waste at the Pawnee Waste LLC (Pawnee) disposal facility in Weld County, Section 13, Range 61
West, Township 10 North.
As you know, NGL is a publicly traded organization on the New York Stock Exchange. We have a diversified
portfolio providing multiple services in North America to energy producers and end -users, including
transportation, storage, blending and marketing of crude oil, and solutions for produced and flowback water
from wellhead to disposal, including recycling.
NGL is a leading provider of oil and gas waste water disposal and recycling services in the DJ Basin. Our
assets in the DJ Basin currently include:
165,000 BBL/DAY capacity
• 12 water disposal facilities
• 19 deep injection wells
20,000 BBL/DAY capacity
• 2 recycling plants
We anticipate that these DJ Basin operations will generate a substantial volume of waste streams. We
understand that the proposed Pawnee facility has reviewed comparable waste streams, and that your waste
acceptance procedures, operating plan, as well as environmental controls meet or exceed every applicable
State and County requirement.
As such, please know that NGL is highly supportive of the proposed Pawnee E&P Landfill. Because Pawnee
will construct a state-of-the-art design with rigorous quality assurance controls, and follow an operating plan
that focuses exclusively on our industry's waste streams, we find your site to be highly protective of the
environment and protective of the citizens of Colorado. In addition, because of its proximity to the most
active oil and gas activities in the DJ Basin, we and others will be able to reduce truck traffic and operating
costs, creating a benefit to all parties serving the oil and gas industry in the DJ Basin.
We very much appreciate your efforts in the development of the Pawnee E&P Landfill, and look forward to
your opening.
Very Truly Yours,
James F. Winter
Sr. Vice -President - Water
NGL Energy Partners, LP
3773 Cherry Creek North Drive, Suite 1000, Denver, CO 80209 0: (303) 815-1010 F. (303) 815-1011
Detailed Description of Proposed Operation and Use
Pawnee Waste E&P Landfill USR Application
Detailed Description of the Proposed Operation
A. Explain proposed use
Pawnee Waste LLC (Pawnee), the owner of a 240 acre parcel of land in Weld
County, proposes to develop a commercial, state-of-the-art exploration and
production (E&P) waste management facility to serve the oil and gas industry to be
formally known as the Pawnee Waste E&P Landfill (commonly referred to as the
"facility" in this document). The facility will be located at 57996 CR 95, Grover, CO
80729 (parcel number 029113100013), which is located in the E1/2 of the NW1/4
and the NE1/4 of Section 13, Township 10 North, Range 61 West. The property is
zoned A (Agricultural), and will be accessed via an extension of WCR 118,
beginning at WCR 95 extending east to the site entrance.
Pawnee is proposing to construct and operate a state-of-the-art solid 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. The facility will utilize a multiple liner system, and a
solidification process in order to ensure only wastes without free liquids are
landfilled. A risk assessment has been conducted to determine the types of wastes
that may be accepted to ensure the safety of Pawnee's workers and the public.
Installation and testing of liners, strategically located monitoring wells, and the
routine application of cover materials have been incorporated into the engineering
design and operation plan (EDOP). In addition, a detailed waste acceptance plan
(WAP) has been developed to ensure that only wastes approved by the County and
CDPHE will be received by Pawnee.
In accordance with the WAP, loads received by Pawnee for disposal will be pre-
screened to ensure the wastes comply with applicable regulations and approvals
("Acceptable Wastes"). The screening process will include generator certifications,
analytical requirements, detection equipment and camera systems, and on -site
evaluations to confirm that only Acceptable Wastes are disposed. Routine site
inspections and maintenance programs, surface and groundwater monitoring, and
the posting of a financial assurance instrument to cover costs associated with
closure and post -closure care are CDPHE requirements which Pawnee will follow.
Customers will be responsible for delivering Acceptable Wastes to Pawnee. When
customers arrive at the facility, they will be directed to a load scale so that the trucks
can be weighed and the content evaluated to ensure it matches the required
paperwork and passes the screening controls. E&P waste, including cuttings, muds,
treated tank bottoms, and wastewater sludge from injection wells will be considered
Acceptable Waste only if it passes the screening controls and meets the criteria
specified in the EDOP submitted to CDPHE and approved by Weld County.
1
Once a load of waste is accepted, the truck will be directed to a designated location
within the certified lined disposal area to unload the waste from the truck. Waste
material that contains free liquids will be treated with adsorbent material. All
Acceptable Waste will be spread in thin layers in the certified lined cell. These
wastes will be covered as needed to ensure the safe and environmentally secure
management of the waste. After the materials are unloaded by the customer, the
drivers will complete the required exit paperwork prior to leaving the site.
As proposed, the lined landfill operation will be divided into phases to control and
track the placement of waste. Each phase will be subdivided so that the operations
are confined and cells can be lined in increments. All controls associated with the
construction and installation of liners and detection systems will be performed under
the strict supervision of a licensed professional engineer. A construction report
signed by an independent professional engineer will be submitted for review by
CDPHE prior to placing waste in that area. The location of the wastes will be
identified on a grid which will form part of the permanent operating record.
Equipment to be used on the site and the function of that equipment is described in
the table below.
Equipment
Function
Scale & software
Weigh, document and track waste received
Bulldozer(s)
Spread and compact waste and cover material; fire
protection
Excavator
Excavate future cells and cover material
Wheeled front-end
loader
Load cover material, site maintenance, fire protection,
snow removal
Motor grader
Road maintenance, drainage maintenance, grade
unloading areas, snow removal
Dump truck
Haul cover soil; site maintenance
Support vehicles
Equipment and site maintenance, leachate management,
inspections, monitoring
Leachate pumps
Dedicated pumps in each sump for pumping leachate
Portable generator
Provide electric service for the leachate sumps'
Tanker truck or water
wagon
Water truck for dust control, dedicated tanker for leachate
pumping and hauling
Portable liquid holding
"frac" tank(s)
Leachate storage (number will vary)
1 Leachate generation at E&P facilities in a dry climate, such as northeastern
Colorado, is expected to be minimal; thus, leachate pumping is expected to be
required infrequently. However, should the operation necessitate frequent pumping,
a power line will be brought to each of the four leachate sumps.
2
Equipment
Function
Portable light plants
Illuminate work areas for safety during operations outside
of daylight hours
Radiation detectors
Portal monitor and handheld gamma meter to survey
incoming waste loads for radioactivity
Power washer
Equipment cleaning
Air compressor
Equipment service and maintenance
Camera surveillance
system
Security
Water pumps
Manage surface water
A three -strand, barbed wire fence is planned to be constructed around the perimeter
of the site. There will be a swing gate at the entrance into the facility that will be
closed and locked when the facility is closed. While employees are at the facility
and able to accept waste, the gate will be left open. Pawnee will work with the fire
district to make sure they have access into the facility 24 hours a day to be able to
respond to an after hour emergency, if necessary.
The following is a list of proposed structures and uses at the Pawnee Waste E&P
Landfill, please see the USR site plan map for more detail:
• Lined landfill - The landfill will be divided into four phases and cover
approximately 74 acres of the site. The cells will include low permeability soil
(on -site soils with bentonite admixture) and synthetic liners, surface water
control systems, leachate collection and removal systems, solidification,
leachate collection sumps and cover materials.
• Leachate storage tank area -This will be a concrete -lined area (approximately
one acre) where up to four frac tanks will be located to hold leachate, if any,
that may be withdrawn from the sumps. This leachate may be used in dust
suppression within the active lined landfill cell if it meets regulatory
requirements for application, or delivered off -site for disposal to an approved,
third party, liquid waste handling facility.
• Surface water control areas - Approximately 14.5 acres of the site will be
used for surface water control features including a stormwater detention
pond, channels, and berms to protect the site and areas downstream from a
100 -year, 24 -hour flood. All of the surface water control features will be
designed and constructed to manage run-on and run-off in strict accordance
with CDPHE and Weld County regulations.
• Buffer Zones - Approximately 100 acres of the site will be undisturbed and
have natural vegetation (grass). Another 30 acres of the site may be used for
temporary soil stockpiles, which will also be vegetated when not in use.
• Truck staging area and roads - Approximately 6.3 acres of gravel for the
permanent roads and truck staging area will be on the site. The entrance
road will lead to the staging areas near the scale house and to a permanent
perimeter road around the landfill. A gravel loading/unloading area will be
3
adjacent to the leachate frac tank storage area. The site will also have
temporary internal roads to access the daily operating area. The number of
temporary roads internal to the property will vary, based on the phase of the
landfill and the required activities on -site.
• Scale house/office - This building will be a doublewide trailer that could be up
to 3,000 square feet.
• Scales - Up to two scales will be at the facility. Each scale is anticipated to
be 500 square feet.
• Maintenance Facility/Operator Facility - This building will be up to 5,000
square feet. It will be used for equipment maintenance and provide a change
and washroom for the operators.
• Storage shed - This building will be approximately 1,000 square feet. It will
be used for storage of absorbent material, such as cement kiln dust or fly ash
in totes.
• Fuel storage tank with containment - This tank will be up to 10,000 gallons
and have an SPCC associated with it.
B. Explain need for use
Weld County leads Colorado in the exploration and production (E&P) of oil and gas
and, as a result, is the leading producer of waste associated with the oil and gas
industry. E&P wastes in Weld County come from a variety of sources and facilities,
including: drilling at new well sites, the operation of more than 20,000 active
production wells, treatment facilities associated with over 30 disposals wells, oil
reclaimers, gathering lines, pits, contaminated legacy sites, and numerous gas
compressor plants. E&P wastes from these activities can be either hazardous or
non -hazardous, and may or may not contain technically enhanced or naturally
occurring radioactive materials (TENORM).
E&P waste management practices, which are permitted by the Colorado Oil and Gas
Conservation Commission (COGCC) and/or the Colorado Department of Public
Health and the Environmental (CDPHE), include: land farming and land application
of cuttings and water based bentonite drilling muds, beneficial re -use of E&P wastes,
road spreading of produced water, evaporation, disposal wells, and composting or
landfilling at municipal solid waste disposal facilities.
Weld County has five active centralized waste management facilities approved by
COGCC. These are not commercially available to third parties and, except for the
liquids bulking facility, wastes managed at the remaining four locations are generally
limited to land treatment and application of exploration wastes such as cuttings and
muds. None of these centralized waste management facilities include landfilling
operations.
4
Under Colorado's Solid Wastes Act, E&P wastes with TENROM may not be
managed at a facility unless it is "specifically designated for that purpose."2 Whereas
the law does not specify the level at which a material is considered to be TENORM,
CDPHE's policy limit is 3 pCi/gm (Ra-226 +Ra-228 above background).3
In a recent meeting with Pawnee Waste LLC (Pawnee), CDPHE was able to only
identify three designated landfills in Colorado that are permitted to accept TENORM
waste; none are located in Weld County. Further, none of these designated landfills
operate exclusively to service the E&P industry. The absence of such a facility in
Weld County leaves generators with very limited options and a substantial gap in
Weld County's waste infrastructure.
Pawnee fulfills a critical component of Weld County's E&P infrastructure needs by
offering the following benefits not now available:
• A prime location in the heart of the DJ Basin, which reduces truck -miles
required for delivery out -of -county.
• A secure, safe and environmentally sound long-term disposal option for a
broad spectrum of non -hazardous E&P wastes with limited concentrations of
TENORM.
• A landfill design and operation plan dedicated exclusively to the safe and
environmentally sound management of E&P wastes.
• A risk model which sets forth operating criteria to assure the secure, long-
term protection of public health.
• A protective, multi -layered liner system and sophisticated testing protocol
unparalleled in Colorado.
Whereas other states with high levels of E&P activities have dedicated landfills to
secure generator wastes, Pawnee's E&P landfill would be the first of its kind in
Colorado. Through careful review and consideration, Weld County has the opportunity
to lead the State in both energy production and environmental stewardship.
C. Explain the types of existing uses on surrounding properties
The site and surrounding areas are non -irrigated rangeland that are generally used
for cattle grazing and oil and gas facilities. There are very few residences in the
area, the closest one being about a mile and a half to the west; however, it is very
important to Pawnee that they design and operate the facility in a manner that is
respectful to the neighbors. Therefore, we will be contacting all neighboring property
2 Title 30. Government - County Powers and Functions, Article 20. Public
Improvements, Part 1. Solid Wastes Disposal Sites and Facilities, C.R.S. 30-20-110 -
Minimum Standards (1) (c)
3 Interim Policy and Guidance Pending Rulemaking for Control and Disposition of
Technologically -Enhanced Naturally Occurring Radioactive Materials in Colorado, Rev.
2.1. Final Draft. February 2007
5
owners within a 9 square mile area (defined by WCR 93 right-of-way on the west,
WCR 120 right-of-way on the north, WCR 99 right-of-way on the east, WCR 114
right-of-way and road on the south) about this project. If any of the neighbors
express concerns about the facility, Pawnee LLC will listen to the concerns and
intends to address those concerns. Pawnee Waste began the process of talking to
the neighbors earlier in the year and will continue to keep them updated.
D. Distance of the proposed use to residential structures in each direction
Residential structures located near the proposed facility are:
• About 3.0 miles to the north in the vicinity of WCR 97 and what would be right-of-
way for WCR 124
• About 1.5 miles to the west off of County Road 118
• About 2.0 miles to the southwest off of WCR 114 between WCR 390 and WCR
95
• About 3.0 miles to the south along WCR 112, east of WCR 95
• About 4.25 miles to the east off of WCR 118, east of WCR 105
E. Maximum number of users, patrons, members, and buyers
In addition to Pawnee employees, the following is a summary of other people who
are expected to visit the facility:
People who may use this site in addition to employees
Number of
people
expected and
frequency of
visits
1) Truck drivers delivering waste to the facility represent the
largest number of people expected to visit the facility. Drivers
will be required to stay in their vehicle except when
delivering/receiving paperwork, facilitating load
inspections/waste screening, and/or preparing the vehicle for
off-loading.
Up to 50 per day
(depends on
market
conditions)
2) Customer representatives may visit the site to inspect it for
their own internal procedures. These customers will be
provided a tour of the facility and provided with the
appropriate permits under the direction of the Site Manager.
1-2 per week
3) Third party consultants may visit the facility to enhance
training, provide environmental testing and reporting, and
other work as may be needed at the facility.
1-2 per week
4) Regulators may visit the site to perform independent
inspections. Pawnee welcomes their participation in
ensuring the safe and compliant operation of its facility.
1-2 per month
5) Third party contractors will be required for heavy equipment
1-2 per week
6
People who may use this site in addition to employees
Number of
people
expected and
frequency of
visits
maintenance and fueling. Contractors related to equipment
maintenance may frequent the site on a weekly basis.
6) There will also be other miscellaneous visits to the site each
day for things like mail deliveries, package/office supply
deliveries, and trash collection.
3-5 per day
7) During the construction of new landfill cells, third party
contractor construction crews will need to be on -site. In
addition, third party consultants overseeing the proper
construction of the landfill may also be on -site.
10-15 per day
about once
every 2 years
for 60-90 days
Customers will be responsible for delivering their own E&P wastes to the facility.
When customers arrive at the facility, they will be directed to a load scale so that the
trucks can be weighed and the content evaluated to ensure it matches the required
paperwork. Water based -muds, treated tank bottoms and treated solids are some of
the wastes that may be considered "Acceptable Wastes" if they meet the criteria
specified in the Design and Operations Plan submitted to CDPHE. Once a truckload
of waste is accepted, the truck will be directed to a location at the facility to unload
the waste from their trucks. After the materials are unloaded, the drivers will
complete the required exit paperwork prior to leaving the site.
F. Number of employees, number of shifts, and hours of operation
In order to accommodate market needs, Pawnee plans to operate seven days a
week, during daylight hours. However, they would like the ability to open the facility
outside of daylight hours to accept a delivery from a customer should the extended
hours be warranted. No wastes will be accepted for disposal without personnel
being on -site who are trained in the proper acceptance and management of the
waste.
It is anticipated that up to eight (8) full-time employees could be on the site each
day. Their duties are generally described as follows:
• One (1) Site Manager - Overall responsibility for personnel safety, training,
site inspections, and compliance with all applicable rules and regulations.
• One (1) Gate Attendant/Records Manager - Responsible for ensuring all
waste loads received are pre -approved, accurately screened, and meet the
pre-screening requirements. This person will also be responsible for directing
customers where to offload their waste and then maintaining records to keep
track of where the customer's waste has been offloaded.
7
• Three (3) Operators - Responsible for the safe and compliant handling of the
waste, site maintenance, and for operating properly maintained equipment.
• One to three (1 to 3) Support Team Member - Responsible for supporting
other team members and performing routine preventive maintenance on
equipment. It is anticipated that just one (1) support team member will be
needed; however, it is possible that additional support may be needed to
ensure the safe and environmentally compliant operation of the landfill, which
will be determined based on personnel and market needs.
G. Type of water source for the proposed use. If using a well, please complete the
attached Water Supply Information Summary.
Pawnee plans to purchase potable water from the neighboring parcel, owned by
Grassland Water Solutions LLC (Grassland). Grassland has agreed to supply this
water from wells that they operate on the property to the west of the site. We
currently anticipate one well (permit number 76769-F) will be used to provide potable
water to the Pawnee facility. A waterline would be extended from a well on the
Grassland property to the Pawnee property to get potable water to the site. The
Pawnee facility will have restroom facilities in the office/scale house and potentially
at the maintenance facility. The well will provide water for these restroom facilities.
Depending on the quality of the water from the well, bottled water may be provided
for drinking water at the facility. Pawnee will work with Grassland to obtain approval
from the Colorado Department of Water Resources to permit this water use. When it
comes to water for dust suppression, Pawnee will load a water truck with water from
Grassland's existing water load out facility (USR-1787), which is on the adjacent
property.
The Water Supply Information Summary is included in the application package as
Exhibit A.
H. Explain the access route(s) to be utilized for the proposed use
The main access point will be located on the north edge of the W1/2 of the NW1/4 of
Section 13, Township 10 North, Range 61 West within the County Road 118 right-of-
way. Currently WCR 118 dead ends at WCR 95. Per the request of the County, the
road is planned to be constructed so that it lines up with the existing portion of WCR
118. Therefore, Pawnee will be requesting a non-exclusive license agreement from
the County in order to locate this road in this right-of-way. The access road into the
facility is planned to be a gravel road with tracking control (double cattle guards)
installed to prevent the tracking of excess gravel onto the County roads.
Pawnee seeks to minimize impacts of traffic on the neighbors. Pawnee is aware of
some truck traffic and dust concerns that neighbors to the south (near WCR 95 and
WCR 112) have had with other businesses operating in the area. Therefore,
Pawnee will ask its customers and contractors to use WCR 390 and WCR 118 to
access the site, and to use WCR 118 to WCR 390 upon leaving. Pawnee
8
recognizes that they will be required to assist with dust control maintenance along
their haul route in accordance with County standards and an improvements
agreement.
I. Explain type, size, weight and frequency of vehicular traffic associated with
the proposed use
The maximum amount of vehicular traffic expected at the facility is 60 vehicles per
day, which includes customer and employee vehicles. Most of the vehicles, up to 50,
will be the customer's dump trucks that are expected to arrive and depart during
daylight hours. Employee and miscellaneous site vehicles will typically be
passenger cars or pickup trucks and will be in the range of 8 to 10 vehicles per day.
The specific weight of vehicles is unknown, but it is noted that the County will not
allow vehicles on County roads to exceed CDOT's required specifications for pounds
per axle.
The traffic study performed by traffic engineer Gene Coppola indicates that the
facility can be served by the existing roadway system. The traffic study states that
this development is viable from a traffic engineering perspective.
Type/Size of Vehicles
Estimated Number of Trips
per 24 hour day
Large trucks
(could be tandem dump trucks, end dumps, roll-
offs, belly -dumps or side -dump trucks)
50
Employee vehicles
(passenger vehicles)
8
Miscellaneous visitor vehicles
(mail, delivery, trash, maintenance)
2
During construction, there could be another 10-15 passenger vehicles (construction
workers) plus semi-trucks/trailers used to bring construction equipment and
materials to the site at the beginning and end of each construction period.
Traffic routing is a key feature in the planning of this location, and minimizing
impacts to neighbors is an important consideration to Pawnee. As a result of
conversations with surrounding property owners, Pawnee will ask its customers and
contractors to use WCR 390 and WCR 118 to access the site, and to use WCR 118
to WCR 390 upon leaving.
J. Type of sewage facilities for the proposed use
Pawnee will obtain a permit to install a commercial, engineered septic system for
their restroom facilities in the office/scale house on the property. The septic permit
will be submitted before or concurrent with the building permit. In addition, in order to
better serve our customers, Pawnee may install portable toilets for their use.
9
K. Description of the proposed fire protection measures associated with the
proposed use
Pawnee is in the process of preparing an Emergency Action Plan for the facility.
The plan will be prepared in coordination with the Pawnee Fire Protection District.
Once completed, the plan will be provided to Weld County's Office of Emergency
Management for approval.
L. Types and maximum number of animals to be concentrated on the Use by
Special Review area at any one time.
No animals will be kept or contained on this site.
M. Type and size of any waste, stockpile or storage areas associated with the
proposed use.
The USR application is requesting to permit a designated E&P waste landfill. A
detailed description of the wastes to be accepted is provided under Section A of this
document.
A Waste Handling Plan (see Exhibit G) is included in this application to address how
wastes will be handled.
Pumps, filters and other spare parts will be stored in the maintenance building.
Absorbent material, such as fly ash or cement kiln dust, which will be used to solidify
liquids, will be stored on -site in tote containers located in a storage shed.
N. Type of storm water retention facilities associated with the proposed use.
A combination of a perimeter berm and ditching will be constructed around the
landfill area to manage stormwater in accordance with CDPHE and Weld County
criteria. Water that has not been in contact with waste will be routed to a surface
water pond located on the southwest side of the proposed landfill. Water that has
been in contact with waste is considered leachate; it will be managed through
collection lines, sumps, and storage in tanks on the west side of the landfill.
Stormwater run-on from topographically upgradient areas will be diverted around the
north and east sides of the landfill area via a channel adjacent to the perimeter
berm. The run-on channel flow will be converted to overland sheet flow via energy
dissipation structures located south of the entrance road crossing as well as within
the landfill area to minimize sediment from entering the contact pond. A stormwater
catchment basin is proposed south of the scale house, scales, and maintenance
shed to capture run-off from this area. For a detailed explanation of the proposed
storm water drainage plan and the proposed improvements, please see the
Drainage Report included with this application.
10
O. Time schedule and method of removal and disposal of debris, junk and other
wastes associated with the proposed use.
See Exhibit G: Waste Handling Plan included in this application.
P. Explain proposed landscaping plans and erosion control measures associated
with the proposed use.
Through the CDPHE process required for permitting this landfill facility, a detailed
Engineering Design and Operations Plan (EDOP) was prepared. Proposed
mulching and seeding information is included in the EDOP in Section 8 of Appendix
G: Construction Quality Assurance Plan. In addition, information on post closure
maintenance of the vegetation is explained in the EDOP in Section 3.6 of Appendix
F: Closure and Post -closure Plan.
Q. Reclamation procedures to be employed upon cessation of the Use by Special
Review activity.
A Closure/Post-Closure Plan which addresses the procedures when termination of
the landfill occurs in included in the EDOP. All closure activities will be performed in
accordance with applicable CDPHE regulations. For more detailed information, see
Appendix F and G of the EDOP.
R. Time table showing the periods of time required for construction and start-up
of the proposed use.
Following approval of USR application by the County, Pawnee anticipates that it will
take three to six months to construct the infrastructure required for the proposed
facility to begin operating. It is hoped that the facility can be operational by the third
quarter of 2016.
11
Written Materials and Supporting Documents
Pawnee Waste E&P Landfill USR Application
The following written materials and supporting documents shall be submitted as a
part of the application:
A. Statement demonstrating there is a need for the facility within the proposed area
of service.
Weld County leads Colorado in the exploration and production (E&P) of oil and gas
and, as a result, is the leading producer of waste associated with the oil and gas
industry. E&P wastes in Weld County come from a variety of sources and facilities,
including: drilling at new well sites, the operation of more than 20,000 active
production wells, treatment facilities associated with over 30 disposals wells, oil
reclaimers, gathering lines, pits, contaminated legacy sites, and numerous gas
compressor plants. E&P wastes from these activities can be either hazardous or non-
hazardous, and may or may not contain technically enhanced or naturally occurring
radioactive materials (TENORM).
E&P waste management practices, which are permitted by the Colorado Oil and Gas
Conservation Commission (COGCC) and/or the Colorado Department of Public
Health and the Environmental (CDPHE), include: land farming and land application of
cuttings and water based bentonite drilling muds, beneficial re -use of E&P wastes,
road spreading of produced water, evaporation, disposal wells, and composting or
landfilling at municipal solid waste disposal facilities.
Weld County has five active centralized waste management facilities approved by
COGCC. These are not commercially available to third parties and, except for the
liquids bulking facility, wastes managed at the remaining four locations are generally
limited to land treatment and application of exploration wastes such as cuttings and
muds. None of these centralized waste management facilities include landfilling
operations.
Under Colorado's Solid Wastes Act, E&P wastes with TENROM may not be managed
at a facility unless it is "specifically designated for that purpose.'' Whereas the law
does not specify the level at which a material is considered to be TENORM, CDPHE's
policy limit is 3 pCi/gm (Ra-226 +Ra-228 above background).2
1 Title 30. Government - County Powers and Functions, Article 20. Public
Improvements, Part 1. Solid Wastes Disposal Sites and Facilities, C.R.S. 30-20-110 -
Minimum Standards (1) (c)
2 Interim Policy and Guidance Pending Rulemaking for Control and Disposition of
Technologically -Enhanced Naturally Occurring Radioactive Materials in Colorado, Rev.
2.1. Final Draft. February 2007
1
In a recent meeting with Pawnee Waste LLC (Pawnee), CDPHE was able to only
identify three designated landfills in Colorado that are permitted to accept TENORM
waste; none are located in Weld County. Further, none of these designated landfills
operate exclusively to service the E&P industry. The absence of such a facility in
Weld County leaves generators with very limited options and a substantial gap in Weld
County's waste infrastructure.
Pawnee fulfills a critical component of Weld County's E&P infrastructure needs by
offering the following benefits not now available:
• A prime location in the heart of the DJ Basin, which reduces truck -miles
required for delivery out -of -county.
• A secure, safe and environmentally sound long-term disposal option for a broad
spectrum of non -hazardous E&P wastes with limited concentrations of
TENORM.
• A landfill design and operation plan dedicated exclusively to the safe and
environmentally sound management of E&P wastes.
• A risk model which sets forth operating criteria to assure the secure, long-term
protection of public health.
• A protective, multi -layered liner system and sophisticated testing protocol
unparalleled in Colorado.
Whereas other states with high levels of E&P activities have dedicated landfills to secure
generator wastes, Pawnee's E&P landfill would be the first of its kind in Colorado. Through
careful review and consideration, Weld County has the opportunity to lead the State in
both energy production and environmental stewardship.
B. Statement explaining how the proposal is consistent with the Weld County
Code, Chapter 22.
The Pawnee facility will be consistent with the following Goals and Policies found in
the Weld County Code, Chapter 22:
F.Goal 1. All final disposal facilities in the County will locate, develop and operate in a
manner that minimizes interference with other agricultural uses, rural settlement
patterns and existing residential communities.
The facility will operate on land that is undeveloped, non -irrigated rangeland. No
productive agricultural land will be impacted by this project. The site may be
considered remote, with the closest residential structures located as follows:
• About 3.0 miles to the north in the vicinity of WCR 97 and what would be right-
of-way for WCR 124
• About 1.5 miles to the west off of County Road 118
• About 2.0 miles to the southwest off of WCR 114 between WCR 390 and WCR
95
2
• About 3.0 miles to the south along WCR 112, east of WCR 95
• About 4.25 miles to the east off of WCR 118, east of WCR 105
Immediately to the west of Pawnee's property are E&P related land uses, including a
commercial water depot, water recycling and solids processing operations, and
disposal wells.
The nearest residential community is the Town of Grover which is located a little over
three (3) miles northwest of the facility. Pawnee had an initial meeting with the Town
of Grover about the project and will continue to coordinate with them to make sure any
concerns that the Town may have related to impacts on their community are
appropriately addressed in order to minimize interference with the Town.
EP.Goal 1. Encourage the minimization of mineral resource exploration and
production waste and require the safe disposal of it.
Weld County is the largest generator of E&P waste in the State of Colorado and there
are currently no designated commercial landfill facilities in the County authorized to
dispose of non -hazardous oil and gas wastes which contain TENROM. Thus, the
Pawnee landfill will provide generators of these wastes with an option not now
available. As proposed, Pawnee's E&P landfill is exclusively dedicated to the safe
and environmentally sound management of E&P wastes. Techniques for waste
screening and other environmental controls exceed regulatory requirements, making
it the only state-of-the-art E&P landfill of its kind within the State of Colorado.
OG.Goal 1: Promote the reasonable and orderly exploration and development of oil
and gas mineral resources.
The Pawnee Waste E&P Landfill is located in the heart of the DJ -Basin. Its central
location will help generators of waste within the oil and gas industry to operate in a
reasonable and orderly manner by reducing truck miles required to be travelled to a
facility designated and specifically designed to handle their waste.
OG.Goal 3. Prevent surface and groundwater contamination from oil and gas minerals
exploration and extraction.
A site specific drainage plan, which controls stormwater flow from a 100 -year storm
event, has been designed for the Pawnee facility. Design details are provided in the
EDOP and are fully described in the Drainage Plan.
In order to prevent groundwater contamination, the Pawnee landfill is designed to
maintain a minimum vertical separation distance of 20 feet from groundwater. The
landfill liner system is an enhanced composite system which consists of the following
additional protective measures:
• Two foot clay layer with a maximum permeability of 1 x 10-7 cm/sec
3
• Geo-composite clay liner (GCL)
• 60 mil high density polyethylene (HDPE) liner
• Protective geotextiles
• Leachate collection and storage system
• Comprehensive construction quality assurance (CQA) program, including
electrical liner integrity surveys to verify the HDPE liner system is procured and
installed as designed
These systems are designed to prevent groundwater and surface water contamination
during the active life of the landfill and post -closure.
C. Statement explaining how the proposal is consistent with the intent of the
district in which the use is located.
The property is located in the Agricultural Zone District. According to the Weld County
Code, oil and gas support and service facilities as well as solid waste disposal sites,
both of which would apply to the Pawnee's proposed landfill facility, are Uses by
Special Review in the Agricultural Zoning District.
D. If applicable, a statement explaining what efforts have been made, in the
location decision for the proposed use, to conserve productive agricultural land
in the agricultural zone district.
The facilitiy is located on non -irrigated rangeland, as is the land all around it.
Therefore, it will not take prime agricultural land out of crop production nor will it impact
prime agricultural land.
E. Statement explaining there is adequate provision for the protection of the
health, safety and welfare of the inhabitants of the neighborhood and the
county.
E&P solid wastes are regulated by the Colorado Department of Public Health and the
Environment (CDPHE). Pawnee will construct and operate the proposed state-of-the-
art E&P facility to ensure protection of the health, safety and welfare of the
neighborhood and the County in accordance with all applicable regulations and
adherence to the site -specific Engineering Design and Operation Plan (EDOP). In
addition to the groundwater and surface water environmental protections noted above
and more fully described in the EDOP, a risk assessment has been performed in
accordance with CDPHE standards to ensure the long-term protection of the public.
Although the site is remote, Pawnee has designed and will operate the facility in a
manner that is respectful to its neighbors. Pawnee will be reaching out to all
neighboring property owners within a 9 square mile area (defined by WCR 93 right-
of-way on the west, WCR 120 right-of-way on the north, WCR 99 right-of-way on the
east, WCR 114 right-of-way and road on the south) to keep them informed about this
project and address any questions they may have. Pawnee began this process of
4
outreach earlier in the year and will continue to keep its neighboring property owners
updated.
F. Statement explaining the uses permitted will be compatible with the existing
surrounding land uses (include a description of existing land uses of all
properties adjacent to the property).
The facility will be compatible with the existing surrounding land uses. To the west is
a water depot, water recycling and solids processing operation, and injection wells, all
of which serve the E&P industry. Non -irrigated rangeland used for grazing lies to the
north, east and south. There is also exploration activity and production wells in the
area. The nearest residential structure is about 1.5 miles to the west of the site.
G. Statement explaining the proposed use will be compatible with the future
development of the surrounding area as permitted by the existing zone and with
future development as projected by the comprehensive plan of the county or
the adopted master plans of affected municipalities.
The land that Pawnee proposes to use for its facility is non -irrigated rangeland that is
located in a very rural area where there is a significant amount of oil and gas activity.
The proposed facility will not inhibit the agricultural uses in the surrounding area, yet
it will complement the existing and future oil and gas activities in the area. The nearest
municipality is the Town of Grover which is located about three miles northwest of the
landfill. Pawnee has met with the Town about plans for proposing an E&P waste
facility on the property and they will continue to keep them updated as to progress on
the project. The primary concerns of the Town were to protect the health, safety and
welfare of the community which will happen through a properly designed and
permitted facility. In addition, they were concerned about making sure trucks would
not travel through the middle of their community unless they were planning to stop to
support local business.
H. Statement explaining the use by special review area is not located in a flood
plain, geologic hazard and Weld County Airport overlay district area; or that the
application complies with Chapter 23, Article V, overlay district regulations as
outlined in the Weld County Code.
The property is not located within a floodplain, a geologic hazard area or an airport
overlay district area. This is also addressed in Section 3.0: Location Restrictions and
Site Standards section of the Engineering Design and Operations Plan (EDOP).
I. Proof that a water supply will be available which is adequate in terms of
quantity, quality, and dependability (e.g., a well permit or letter from a water
district).
Pawnee plans to purchase potable water from the neighboring parcel, owned by
Grassland Water Solutions LLC (Grassland). Grassland has wells on the property to
5
the west of the Pawnee facility and one of those wells (permit number 76769-F) will
be used to provide potable water to the Pawnee landfill. A waterline would be
extended from a well on the Grassland property to the Pawnee facility to transport
potable water to the site. The Pawnee facility will have restroom facilities in the
office/scale house and potentially in the maintenance facility. The well will provide
water for these restroom facilities. Depending on the quality of the water from the
well, bottled water may be provided for drinking water at the facility. Pawnee will work
with Grassland to obtain approval from the Colorado Department of Water Resources
to allow this to happen. When it comes to water for dust suppression, Pawnee will
load a water truck with water from Grassland's existing water load out facility (USR-
1787), which is on the adjacent property.
The Water Supply Information Summary is included in the application package as
Exhibit A.
J. A copy of the deed or legal instrument identifying the applicant(s) interest in
the property under consideration. If an authorized agent signs the application
for the fee owner(s), a letter granting power of attorney to the agent from the
property owner(s) shall be provided.
The documentation is attached; please see Exhibit B.
K. Two copies of a noise report, unless waived by the Department of Planning
Services, documenting the methods to be utilized to meet the applicable noise
standards.
This requirement was waived by the Department of Planning Services.
L. Two copies of a soil report of the site prepared by the Soil Conservation
Service or by a soils engineer or scientist. In those instances when the soil
report indicates the existence of moderate or severe soil limitations for the
uses proposed, the applicant shall detail the methods to be employed to
mitigate the limitations.
A report is attached; see Exhibit C.
M. One copy of affidavit and certified list of the names, addresses and the
corresponding Parcel Identification Number assigned by the Weld County
Assessor of the owners' of property (the surface estate) within 500 feet of
property being considered.
The affidavit and list are attached; see Exhibit D.
N. Drainage Report
The drainage report is attached; see Exhibit E.
6
0. Traffic Study
A traffic narrative is attached; please see Exhibit F.
P. Waste Handling Plan
A Waste Handling Plan is attached; please see Exhibit G.
Q. Dust Abatement Plan
A Dust Abatement Plan is attached; please see Exhibit H.
R. Flood Hazard Development Permit (FHDP)
A FHDP is not required.
S. Geologic Hazard Development Permit (GHDP)
A GHDP is not required.
Exhibit F — Traffic Narrative
Pawnee Waste E&P Landfill USR Application
Tel: 303-792-2450 P.O. Box 630027
EUGENE G. COPPOLA P.E., PTOE
Fax: 303-792-5990 Littleton, CO 80163-0027
March 28, 2016
Pam Hora
TetraTech RMC
1900 S. Sunset #1-E
Longmont, CO 80501
RE: Traffic Narrative for Pawnee Waste
Weld County, CO
Pam:
I have evaluated site traffic related to the proposed Pawnee Waste project in Weld
County. The site is located on the south side of CR 118 (extended) west of CR 95. The
site will be used by Pawnee Waste to treat waste generated by the oil and gas industry.
Specific traffic items are identified and discussed in the following sections of this traffic
narrative.
PROJECT OVERVIEW
Pawnee Waste will accept oil and gas wastes for disposal into a landfill. Waste material
will be delivered by truck to the site and once onsite; it will be treated, if needed, and
landfilled. Site activity will primarily occur within a 15 hour period; however, the site
will be operational 24 hours each day. Site usage is likely to take some time to reach
full production and is market dependent.
SITE TRAFFIC
The Pawnee Waste facility will primarily operate during daylight hours with the ability to
operate 24 hours per day, seven days per week. It will have up to ten employees
working on -site with up to four employees working the same shift times.
Truck traffic is estimated at up to 150 per day with the majority of trucks expected to
arrive and depart during daylight hours. Truck arrivals and departures will occur
randomly during business hours with peak truck activity estimated at 10 trucks per
hour.
Employee and miscellaneous trips will typically be made by passenger cars or pickup
trucks and are estimated to be in the range of 10 - 12 vehicles per day. Employee
trips will arrive and depart at the beginning and end of the work shift with other
miscellaneous trips anticipated to occur over the typical eight hour work day. In total,
up to 162 vehicles per day are expected to visit the Pawnee Waste site.
Site access will be provided by a private access road extending east of CR 95 aligning
with CR 118 on the west side of CR 95. Site distance at this intersection was previously
reviewed. At that time it was determined that more than adequate intersection sight
distance exists for a 55 MPH speed limit based on the County's determination that 55
MPH is the legal speed on any roadway not having a posted speed limit.
All vehicles arriving at and departing the site are expected to use CR 118, CR 95, and
CR 390. All roadways have mag-chloride treated or better surfaces. The most recent
traffic counts were obtained from the County. Those indicate that CR 118 currently has
an ADT of 26 vehicles per day, CR 95 has an ADT of 40 vehicles per day and CR 390
has an ADT of 190 vehicles per day.
Site traffic will arrive and depart the site using CR 118 via both CR 390 and CR 95 with
most trucks and other vehicles using CR 390. Estimated site traffic is presented below
for the beginning and end of the work day at site build out.
N
C1
0
CA
U
R 4(4T)16(4T+2C)
4 (4T) 16 (4T+2C)
264
6 (4T+2C) / 4 (4T) 4
CR 118
12 (8T+4C) / 8 (8T) ►
LEGEND: AM/PM Peak Hour
Total (Trucks + Cars)
Daily
0
N
N
0
U
C
0,
k 1(1T)/1(1T)
8 (8T) / 12 (8T+4C)
1 (1T)/1 (1T)
,w
324
Access
BUILD OUT SITE TRAFFIC
IMPROVEMENTS
Improvements needed with the Pawnee Waste facility were determined using Weld
County numerical warrants for turn lanes.
County dust abatement triggers for various daily traffic levels are stated below:
• More than 200 vpd require treatment with mag-chloride
• More than 300 vpd requires an alternative pavement as accepted by Public
Works
• More than 400 vpd requires pavement
With Pawnee Waste fully built and operational, daily traffic on CR 95 (north and south
of CR 118) will increase up to 70 vehicles per day, CR 390 (north and south of CR 118)
will serve up to 322 vehicles per day, CR 118 (between CR 390 and CR 95) will serve
up to 290 vehicles per day, and the site access will serve up to 324 vehicles per day.
Based on a comparison of future traffic daily traffic with Pawnee Waste fully operational
and Weld County surface treatment criteria, it was determined that existing conditions
should be acceptable and no surface treatments will be needed on the County roads. It
should also be noted that daily traffic on the access road will require surface
treatment(s) when site utilization increases to levels requiring dust mitigation.
Site related turn lane needs were assessed using the Weld County turn lane warrants
shown below.
• More than 10 peak hour vehicles turning left into the facility warrants a left turn
deceleration lane
• More than 25 peak hour vehicles turning right into the facility warrants a right
turn deceleration lane
• More than 50 peak hour vehicles turning right out of the facility warrants a right
turn acceleration lane
Site traffic at all intersections was compared to County turn lane warrants. That
evaluation determined that Pawnee Waste will not warrant any turn lane
improvements.
In summary, the above documented investigations indicate that Pawnee Waste can be
served by the existing roadway system. The site access road, however, will require
dust mitigation when daily traffic is 200 vehicles. Furthermore, it can be stated that
this development is viable from a traffic engineering perspective.
I trust this traffic narrative will meet your current needs. Please give me a call if you
have any questions or need further assistance.
Sincerely,
Eugene G. Coppola, P.E., PTOE
Exhibit G - Waste Handling Plan
Pawnee Waste E&P Landfill USR Application
1. All solid waste that is generated on -site by office activities will be taken to an approved
and licensed waste management facility. Pawnee Waste LLC (Pawnee) intends to
engage Waste Management to transport and dispose of typical office and lunch room
waste generated on -site. It is anticipated that the site will generate no more than one
trash dumpster of trash within a week. The address and phone number for Waste
Management is provided below.
Waste Management
North Weld Landfill
4000 WCR 25
Ault Co, 80610
866-482-6319
2. Equipment maintenance related waste such as wash water, used oil, batteries, anti-
freeze, filters and tires, as well as other `universal wastes' will be managed by an
authorized company licensed to handle these materials.
The solid wastes will be collected and stored separately from the general commercial
wastes. Tires will be returned to the heavy equipment dealer or recycled at an
authorized facility, such as:
Front Range Tire Recycling Inc.
5765 N. Peterson Rd.
Sedalia, CO 80135
303-660-0090
Filters and other solids generated from equipment maintenance will be sent to Waste
Management's North Weld Landfill in accordance with their approved waste
acceptance procedure.
Liquid wastes (e.g., wash water, used oil, anti -freeze) will be stored in either drums or
tanks with containment, and under no circumstances will these liquids be co -mingled
with the septic field used for washroom activities. Pawnee intends to engage Safety
Kleen for the management of these wastes as well as batteries and other universal
wastes.
Safety-Kleen
2801 South Tejon
Englewood, CO 80110
(303) 761-8614
3. Non -hazardous E&P wastes accepted at this site for disposal will be handled in
accordance with the Design and Operations Plan (DOP) submitted to the Colorado
Department of Public Health and Environment and approved by Weld County.
4. Leachate generated by Pawnee will be disposed of in accordance with requirements
set forth in the DOP. Leachate requiring off -site disposal will be transported to a facility
approved to handle this waste type. Clean Harbors operates a facility in Adams
County, which is fully permitted to accept any liquid waste which may be generated
by Pawnee, including leachate. The address and phone number for the facility is listed
below.
Clean Harbors Deer Trail, LLC
EPA ID: COD991300484
108555 East Highway 36
Deer Trail, CO 80105
(970) 386-2293
5. Pawnee will work with the necessary agencies for approval to dispose of leachate in
a Class II injection well. At which time approval is obtained, Pawnee intends to use
High Sierra Water Services LLC for off -site disposal of its leachate. The leachate will
be trucked from the facility to the disposal well, and depending upon volumes
generated, the leachate may be piped to the well in the future. The address for High
Sierra Water Services is below.
High Sierra Water Services LLC
61635 Co Rd 77
Grover, CO 80729
(970) 895-2293
6. Fugitive dust, blowing debris, and other nuisance conditions will be minimized during
construction and operation in accordance with applicable regulations and the DOP.
7. All chemicals on -site will be properly stored in labeled containers, Pawnee will have
an SPCC plan in place, and SDS sheets will be available for each chemical stored.
The types of chemicals and amounts anticipated to be stored at the facility are listed
below. This information will be updated, if needed, prior to recording the plat.
Chemical
Estimated Amount On -Site
Diesel Fuel
5,000 - 10,000 gallons
Motor Oil
100 gallons
Solvents, Degreasers, Lubricants
25 gallons
Absorbent materials (e.g., fly ash, cement
kiln dust)
25 tons
8. The applicant's operations will be in accordance with the approved Waste Handling
Plan. The operator of the facility will notify Weld County Department of Public Health
and Environment in writing, in the event the plan is amended. The amended plan will
be reviewed and approved by the Weld County Department of Public Health and
Environment.
9. All development standards will be adhered to.
Exhibit H — Dust Abatement Plan
Pawnee Waste E&P Landfill USR Application
1. A water truck will be utilized, as necessary, to control dust on the site.
2. The access road will consist of gravel road base. Speeds will be restricted to reduce the
amount of dust generated.
3. Waste materials will be handled, stored, and disposed of in a manner that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other nuisance conditions.
4. Fugitive dust and particulate emissions will be monitored and controlled as addressed in the
Engineering Design and Operations Plan and in accordance with provisions required by
Colorado's Air Pollution Control Division.
5. All development and operating standards will be adhered to.
Facility
Emergency
Action
Plan
Pawnee Waste LLC
E&P Landfill
June 2016
970-672-1040*
(*subject to change)
Pawnee Waste LLC
E&P Landfill
1. Name: Pawnee Waste LLC
2. Location:
Street address: 57996 CR 95, Grover, CO 80729
GPS Coordinates for access road to facility:
Latitude: 400 50' 29.14" N
Longitude: 104" 09' 50.04" W
Physical location of facility:
E Y2 of NW 1/4 & NE 1/4 of Section 13, Township 61 N, Range IOW
Entrance: 0.67 miles E of CR 95 and CR 118 intersection
3. Emergency Telephone Numbers:
Day Night
Facility Primary: TBD TBD
Facility Secondary: 970-222-4243 970-222-4243
Fire District 911 911
Pawnee Fire Protection District
Ambulance Service Area
911 911
Banner Health / NCMC Paramedic Services
North Colorado Med Evac
Weld County Regional Communications Center
911
Other
911
Chemtrec (Chemical transportation Emergency Center) (800) 424-9300
4. Agency Notification Non Emergency: Phone#
Pawnee Fire Protection District:
Ambulance Service Area:
Law Enforcement Agency:
Communication Center
Office of Emergency management
970-895-2237
970-353-5700
970-356-4015
970-350-9600
970-304-6540
5. Surrounding Occupancies & Land Use
• No residences within I mile of facility.
• NORTH, EAST & SOUTH: agricultural uses.
• 1/2 milt WEST of site in W 1/2 of NW 1/4 of Section 13:
o Grassland Water Solutions, LLC (un-manned water distribution depot)
and
o NGL Energy Partners LLC (deep well injection and treatment facility).
6. Personal Protective Equipment Available: Location
• Tyvek Suits
• Rubber Gloves
• Protective Eye Wear
• Dust Masks
7. Location of Emergency Equipment & Supplies:
Front-end loader
• Bulldozers
Water truck
Portable water pump
Soil stockpiles
• Fire Extinguishers
On Site
On Site
On Site
On She
Location
On Sitc
On Site
On She
On Sitc
On Sitc
On Site
8. Location & Types of Water Supplies:
• Water storage tank located on site (size TBD).
• Water depot at Grassland Waster Solutions one-half mile to the west will be
available in the event it is needed for firefighting purposes at Pawnee. Prior to
Pawnee opening, Pawnee will been given keys to access the water which will be
available via a standard quick -connect to a water truck.
9. Transportation routes:
Exploration and Production wastes will be delivered by multiple transport companies from active
exploration activities and production sites located in the DJ Basin. Transport routes will be west
on WCR 112, north on WCR 390 and cast on WCR 118. WCR 390 may be also used from the
north, then east on WCR 118. Trucks traveling through Grover to get to WCR 390 will need to
use WCR 122, not WCR 120 3/a (Chatoga Avenue).
10. Action Items and Response:
Actions requiring emergency response may include a release which may cause injury to the
public or environment, fire and personal injury from construction and operation of the facility.
RELEASES:
Waste Related Release: In the event there is a release of waste from either a truck or the
track tanks, the procedures for managing the release will be to identify the extent of the
contamination, place earthen berms around the area if needed to contain the waste, notify
the County and State of the release, remove all waste from the area for disposal in an
approved facility and use a third party contractor to confirm the area has been properly
de -contaminated. Employees working on she will be trained in how to handle the spilled
waste.
Fuel Tank Release: In the event there is a release from the fuel tank, the Spill Prevention
Countermeasures and Contingency Plan will be implemented.
FIRE: Because of the nature of the waste materials (i.e., no municipal waste/methane gas), a
landfill fire is highly unlikely. However, in the event there is a 'hot load' received by Pawnee
that is not visually evident at the scale house, and once discharged smolders or smokes,
procedures to extinguish the fire (e.g., separate the wastes, cover with soil and our douse with
fire) are addressed in the EDOP and will be carried out by the employees.
Whereas smoking will be prohibited, grass fires caused by tm equipment spark, lightening or
driver on his way out of the facility may occur. In this case, standard firefighting activities may
be deployed, including the creation of a fire break, and protection of infrastructure such as the
offices and scale house using on -site water storage and water available from the Grassland
Waster Solutions Depot located one-half mile west of Pawnee.
PERSONAL INJURY: Accidents may happen in the way of slips, falls, and improper operation
of heavy equipment or trucks resulting in a roll over. At least one employee trained in First Aid
will be present on -she during operating hours. In the event of an accident, the standard
procedures for first aid response will be followed.
Training is a key component of minimizing accidents. No less frequent than bi-weekly safety
sessions will be held with employees to review standard operating procedures (e.g., how to avoid
slips and falls, proper equipment operation), and key areas that require special attention (e.g.,
waste receipts),
11. Coordination with First Responder Agencies:
EHS representative and first responders met on Date to review emergency
plan and tour facility. A Tier 11 report is not yet required because the facility is not currently
operational. Once the facility begins to operate, a Tier II report will be provided for the diesel
tank that will be on site.
Other chemicals such as degreasers, solvents, and lead acid batteries stored on site will all be
below the Tier II allowable quantities.
12. Safety and Training Review:
In addition to routine training, each year, all employees will be provided with all necessary
information concerning the proper handling of a chemical spill or accident. This information
shall be in the form of a review sheet detailing proper procedures, which shall be signed and
dated by each employee when all items are understood. Also, proper use of cleanup and
containment tools and procedures will be demonstrated as necessary. Any new or updated
information or procedures will be taught to employees immediately when applicable.
Facility Manager Date _
Fire Dept. Official Date
Weld County OEM Date _
Public Notice: February _, 2016
Solid Waste Disposal Facility near
Grover, Colorado
P
Glittari
Weld County requested that the Colorado Department of Public
Health and Environment (CDPHE) review a Certificate of Designation (CD)
Application for Pawnee Waste, LLC to construct and operate a solid waste
disposal facility in Weld County. The facility, owned by Pawnee Waste, LLC, is a
proposed 74 -acre commercial exploration and production waste landfill, to be
located approximately four miles southeast of Grover, near the intersection of
County Road 118 and County Road 95. No municipal solid waste is accepted.
CDPHE is reviewing the CD Application for technical merit and compliance with
Colorado solid waste regulations and statute to assure the facility will not
negatively impact human health or the environment. CDPHE will provide its
recommendation to the Weld County commissioners, who will approve or
deny the application.
• Submit written comments by March_, 2016 to:
Andy Todd, P.E. I CDPHE - HMWMD
4300 Cherry Creek Dr. S. I Denver, CO 80246
Andrew.Todd@state.co.us 1303-691-4049
• The application can be reviewed at: :
ht t p: / / www. colorado. qov/ cs/ Satellite/ CDPHE-HM/ CBON/ 1251643313180
Or the above address during normal business hours by calling:
303-692-3331 or 888-569-1831, ext. 3331
• The application can also be reviewed by contacting:
Mr. Ben Frissell I Weld County Department of Public Health and Environment
970-304-6415 ext. 2220
COLORADO
Department of Public
Health & Environment
ironmer+t
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 80532
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 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 EF&P 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-lealth 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 on 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.gov/cdphe
John W. Hickenlooper, Governor I Larry `Nolk. 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
auidance 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@state.co.us.
Sincerely,
-171
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
144
t ;
f r I
�
`�f 1
L,aerry 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.gov/cdphe
John W. Hickentooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
COLORADO
Department of Public
Health Et Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
April 13, 2016
Jane Witheridge
Pawnee Waste LLC
3003 E Harmony Road, Suite 300
Fort Collins, CO 80528-9627
RE: Follow-up Technical Evaluation Comments:
Response to CDPHE Technical Evaluation Comments and
Engineering Design and Operations Plan (EDOP), Revision 1
Pawnee Waste E&P Landfill
Weld County, Colorado
SW/WLD/PEP 2.1
Dear Ms. Witheridge:
The Colorado Department of Public Health and Environment, Hazardous Materials and
Waste Management Division (Division), received and reviewed the following documents:
Engineering Design and Operations Plan, Pawnee Waste Commercial Exploration
and Production Landfill; Weld County, Colorado Response to CDPHE Technical
Evaluation Comments -. Document dated: February 19, 2016.
Engineering Design and Operations Plan - Revision 1, Pawnee Waste E&P Landfill;
Weld County, Colorado. Document dated: February 19, 2016.
The Division requests the following additional information and/or revisions in order to
clarify aspects of the Application before completing the technical evaluation. A formal
recommendation of approval (or disapproval) of the Application per the Solid Waste
Regulations will be made after the Division has completed its technical review.
Follow-up Technical Review Comments
1) Initial technical review comment #7 requested a more detailed description of how
contact water will be captured and routed to the leachate collection system. The
narrative (text in new Section 6.1.2) is sufficient in general terms. The Division has
the following follow-up comment:
Drawing 1 included as part of the response shows schematically how contact water
runoff would flow from waste areas to the leachate collection system (LCS). Neither
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www-colorado.gov/cdphe
John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Ms. Jane Witheridge
April 13, 2016
Page 2
the schematic nor the detail show the how closely the 3 -ft. thick protective cover
"fluff" layer and the toe of additional waste fill will be placed to the temporary
termination berm while still ensuring that contact water is routed to and has
unimpeded access to the LCS. A specified set -back distance of fluff/waste
placement away from the inside toe of the temporary termination berm may be a
solution. Similarly, the detail on Drawing 2 shows schematically that contact water
would be routed to some area of exposed LCS near the top of the landfill's
perimeter berm. The Division believes the design would benefit by having some
specified setback dimension of fluff-layer/waste placement away from the
outermost edge of the LCS, ensuring that contact water is routed to and has
unimpeded access to the LCS. There may be other solutions to address this issue.
The Division recognizes that the design, as is, is typical of other solid waste
landfills. Operations, however, tend to fill up to and over designed access to the
LCS and often over temporary termination berms. Therefore, the Division has
begun requesting more detailed description and design to better ensure the
systems and designs are constructed and operated as designed.
This comment is made based on the protocol that contact water, as currently
described in the EDOP, includes runoff of both bare waste and waste having only
daily cover (as described in several parts of the EDOP including Section 4.2.2.1,
App. B-3 Section 6.2 and App. C Section 6.1.2 ). The Division is currently clarifying
its policy. Stormwater runoff from areas covered with at least 6 inches of daily
cover (assuming the daily cover is adequate and waste isn't exposed) may be
treated as stormwater, not contact water. Based on this policy determination, the
Facility may revise pertinent parts of the EDOP.
2) The response to initial comment #3 and a new sentence added to Section 5.3 of
Appendix C indicate that temporary waste slopes may be allowed as steep as
2H:1V, based on one new stability analysis. The Division has concerns with the
EDOP allowing slopes as steep as 2H:1V due to several factors including increased
potential for erosion of daily cover. The majority of the stability analyses appears to
be based on a maximum working face slope of 3H:1V. The new sentence added to
Section 5.3 of Appendix C should indicate that temporary waste slopes be limited to
3H:1V.
3) The response to initial comment #15 added "Any leachate application (applied in
accordance with the requirements of Section 6.1.5 of this Operations Plan) must be
closely monitored for nuisance conditions including odors." Please change must to
shall.
4) Appendix E, Section 4.0: Please add the following (ideally between the first two and
last two sentences). "Should the decision to allow semi-annual groundwater
monitoring change for any reason in the future, the Division will notify the facility in
writing of that decision."
5) Appendix F, Section 2.9: The last sentence added to the first paragraph begins with
"Subsequent final assurance...." Should final be changed to financial?
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 vAvw.colorado.gov/cdphe
John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Ms. Jane Witheridge
April 13, 2016
Page 3
The following summarizes the Radioactive Materials Unit's comments and questions
regarding review of the October 20, 2015 submittal of revised Appendices C, D, and
I (and associated RESRAD output files) of the Engineering Design and Operations
Plan. Replies from the facility, includinq questions or comments on these following
four Appendix D comments; can be directed to Jim Grice at 303-692-3371 or
james.grice@state.co.us.
Appendix D:
1. Section 4.7: the response regarding "actual wastes received" should be
included in this section of the EDOP for clarification, i.e.:
"Actual wastes received include all wastes that will have been received and
disposed of in the landfill. Data to be compiled include the following:
• Weights on all loads
• Analyses of a representative sample of all waste streams received
(except exploration wastes) for Ra 226 and Ra 228
• Portal monitor results for all waste streams
• Hand held monitor results for wastes that trigger the portal monitor
• Analyses of all random samples for Ra-226, Ra-228, natural uranium
(U-nat), and thorium -232 (Th-232)."
2. Section 4.7 — Regarding the response to comments on Appendix D-1 Waste
Profile sheets as well as Section 4.7 of Appendix D: The response states that,
"Until random sampling data show otherwise, Pawnee will assume that the
exploration wastes contain the maximum concentrations allowed for uranium
and thorium."
a) Assuming that a single event would be treated as an unauthorized
waste and the contingency plan is activated as per Section 5.0 of the
Appendix D, what is the contigency plan if data routinely demonstrate
otherwise? Will characterization including Uranium and Thorium be
required prior to receipt?
b) Does that mean that data used for annual reviews will assign a value
of 10 pCi/g of both Uranium and Thorium for all waste types that do
not have Uranium and Thorium data? This may not mathematically
allow for the limiting averages of 5 pCi/g to be accommodated.
3. Natural gas waste/residuals that result from any pipeline pigging operations
cannot be accepted without an adequate characterization to determine that
there is no Lead -210 or Polonium -210 present within the waste materials.
This should be clear within the Waste Acceptance Criteria as well as noted on
the Waste Profile Sheet.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.tiovlcdphe
John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Ms.. Jane \Nitheridge
April 13, 2016
Page 4
Please note that the Department is authorized to bill for its review of technical submittals
pursuant to Section 1.7 of the Regulations. An invoice for the Division's review of the
above referenced documents will be transmitted under separate cover. Our fees and
billing ceilings may be viewed Online at httns7/www.coinrado,novioacificicciche/solid-
waste-requlations.
Should you have any questions regarding the comments submitted herein please contact
Andy Todd at (303) 691-4049 or by email at Andrew.Todd@state.co.us.
Sincerely,
Andy Todd
Solid Waste Permitting Unit
Solid Waste and Materials Mgmt Program
Hazardous Materials and Waste Mgmt Div.
Jerry Henderson
Solid Waste Permitting Unit Leader
Solid Waste and Materials Mgmt Program
Hazardous Materials and Waste Mgmt Div.
ec: Kim Ogle - Weld County Planning Department
Lauren Light - Weld County Department of Health and Environment
Ben Frissell - Weld County Department of Health and Environment
Jim Grice - CDPHE Radiation Control Program
Chris Muth - Golder Associates
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
TETRA TECH
Pawnee Waste Community Meeting Summary
June 2, 2016
Pawnee Waste and Tetra Tech held an open house style community meeting at the Pawnee Fire Protection District
Fire Station in Grover from 4:00 - 7:00 pm on Thursday, June 2, 2016. Jane Witheridge from Pawnee Waste and
Pam Flora from Tetra Tech hosted the meeting. Weld County Planner, Kim Ogle was also in attendance at the open
house.
Notice of the meeting was mailed out to all land owners in sections within and abutting Section 13, Township 10N
and Range 61 W (nine square miles) and flyers were provided to the Grover Town Clerk, Pawnee Fire District Fire
Chief and Joyce Smock to post in Grover.
Community members who attended the meeting included the following:
Al Timm, resident of Grover
Joyce Smock, who owns land approximately 5 miles north of the Pawnee Waste facility
Harold, Elaine and Mark Weisbrook who own the land directly north of the Pawnee Waste facility
Clint Bashor who owns land about 3 miles southeast of the facility
Judy Wilson who owns land about 1 mile northwest of the facility as well as 2 miles northeast of the facility
John Schachtler, a resident of Grover
Everyone attending the meeting came to get more information about the proposed Pawnee facility. Jane, Pam and
Kim all helped to answer attendees' questions about the site, its design and operation. A copy of the USR plat map
as well as some graphics explaining what the facility would look like and the proposed liner system where used to
help explain the project.
Specific concerns related to the Pawnee Waste project that were raised by attendees are listed below.
• Is there really a need for the facility since operators are allowed to spread the drilling muds (the type of
material that would be collected at this facility) on farmer's fields and farmers like the material because it
helps their crops grow?
It was explained that the facility is needed for production waste because there are over 20,000 active wells
in Weld County and that this waste type is typically not permitted for land application. With regard to drilling
muds, land application is currently allowed by COGCC but that the environmental controls and proximity of
Pawnee may be preferred by some generators.
• The Weisbrooks had a concern about the fact that Pawnee Waste was taking their pasture land to build the
road into the facility.
It was explained to the Weisbrooks at the meeting as well as previously on the phone that the land that
would be used for the road is actually Weld County right-of-way. Pawnee Waste will pay to move their fence
to be on the north edge of the right-of-way and Pawnee Waste has said they will pay the Weisbrooks for the
Weld County right-of-way that they have been using as part of their pasture.
• Concerns about protecting the environment in the area and not wanting the landfill to contaminate the land
and the groundwater.
The multiple layers of liners combined with a state of the art design was described to the attendees as being
the way that contamination would be prevented. It was also explained that the State will hold a bond posted
by Pawnee prior to its operation in an amount that will cover all costs associated with closure and post
closure care by a third party.
• Concerns about the landfill decreasing property values.
This is a common fear of landowners around landfills. As long as the landfill is properly designed and
managed, as is planned by Pawnee Waste, surrounding landowners should not see a decrease in their
property value. Maintaining property values is important to Chris Dietzler, owner of Pawnee Waste. Chris is
also a surrounding landowner as he owns several thousand acres of land in the area.
• Concerns about is it safe to live in the area because of the radioactive nature of the waste.
It was explained that an expert (PhD, Certified Health Physicist) in radioactivity was brought in to analyze
and evaluate Pawnee's operation and risks, and that the State (CDPHE) may only recommend the
Operating Plan after a careful review which shows that public health (employees working at the site and
residents) will not be impacted by the facility.
• How tall with the landfill be? Will it look like the landfill in Ault?
The bottom of the landfill will be about 30' below existing grade. The amount of material that could be
accepted would be about 165' deep. Therefore, the total height from existing grade would be about
135'. The landfill is specifically designed to have gentle slopes (representing about two-thirds of the landfill
footprint) leading to two hill- like mounds. These mounds will make the site appear more natural and fit
within the landscape.
P.A115476A133-115476-15002',PmjMgmltMeelings'.Community MeetingAPawnee Waste Community Meeting Summary.docx
2 Tetra Tech
Section 13 Township 61N Range IOW
Weld County, CO
PAWNEE
WASTE
PAWNEE WASTE: MEETING AN INDUSTRY NEED
Pawnee Waste LLC is a Colorado company dedicated to serving the oil and
gas industry using state-of-the-art environmental protection features and
operating controls.
Pawnee Waste supports responsible energy development and seeks to
offer waste management services to the industry that are not only
convenient, but also represent long-term solutions and minimize impact
on the environment.
Pawnee's proposed E&P solid waste landfill is a state-of-the-art facility
wholly dedicated to the handling of exploration and production wastes. It
will be the first of its kind in Colorado.
For more information
Contact Pam Hora
Pam.Hora@tetratech.com
303-772-5282
PAWNEE WASTE
Pawnee Waste LLC
3003 E. Harmony Road, Suite 300
Fort Collins, CO 80528
970-222-4243
PAWNEE WASTE
Weld Qua* Flnn:wg bccaanen:
GRcELEY OFFICE
E&P LANDFILL
WELD COUNTY's OIL & GAS INDUSTRY
Did you know...
Weld County leads the State in oil and gas drilling activities and production. With more than 22,000
active wells, the County is responsible for about 80% of all crude oil production in Colorado and is on
pace to becoming number one in gas production.
Weld County is currently home to 41 disposal wells which inject exploration and production (E&P)
wastewater underground. Wastewater represents only a portion of the E&P waste stream, and oil and
gas generated solid wastes must be disposed of elsewhere. Weld County does not have a single
commercial facility that is permitted to exclusively dispose of E&P solid waste.
REGULATORS OF THE OIL AND GAS INDUSTRY
Did you know...
The oil and gas industry is heavily regulated by federal, state and local government entities in order to
help protect our health, safety and public welfare.
In Colorado, the Oil & Gas Conservation Commission ICOGCC) regulates E&P disposal wells and
certain land application facilities, and the Department of Public Health & Environment (CDPHE)
regulates the design and operation of commercial E&P solid waste sites. Both agencies are
tasked with the protection of our air, water and land.
• Weld County requires all commercial waste disposal facilities to obtain a Use by Special Review
(USR) permit. The USR approval process involves review by the Weld County Departments of
Planning, Public Works and Public Health and Environment.
• Public comment and hearings before the Weld County Planning Commission and Board of County
Commissioners help ensure that a prospective land use is compatible with the area in which it is
proposed.
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THE OPERATIONS PLAN
All waste received by Pawnee will only be accepted if pre -approved in accordance with
our Waste Acceptance Plan. This Plan requires careful evaluation and
recommendation by CDPHE, and permitting by Weld County. As proposed, it will be
routinely reviewed and updated using site -specific data generated from the incoming
waste streams. In addition to waste sampling, Pawnee will track and record each load
accepted from our customers.
Only waste which is generated by the exploration or production of oil and gas
will be received at the landfill for disposal, including drill cuttings and muds and
production wastes which meet the acceptance criteria.
• Pawnee is prohibited from accepting hazardous wastes and disposing of wastes
that contain free liquids.
• Pawnee will accept very low concentrations of naturally occurring and
technologically enhanced radioactive material associated only with oil and gas
drilling and production.
Pawnee is required to provide safety training for all of our personnel, and will
meet with local responders to review our operations with them.
DESIGNED TO PROTECT THE ENVIRONMENT
Pawnee's state-of-the-art facility is designed to protect groundwater by the installation
of a high -density polyethylene synthetic liner (60 mil HDPE), a geo-synthetic clay liner
(GCL), a two -foot bentonite clay -enhanced soil liner (1 x 10-7 cm/sec), and at least 20
feet of separation between the shallowest groundwater and waste.
Pawnee will perform Electrical Leak Location (ELL) testing of its HDPE liner to
ensure proper installation. ELL testing is required in other states and widely
utilized because it is proven to be extremely effective in reducing the potential
for liner leakage.
• A comprehensive Monitoring Plan which strictly follows CDPHE requirements
has already begun implementation and includes conducting routine
groundwater monitoring of established monitoring wells located around the
perimeter of the facility.
• The facility will apply final cover soil in accordance with CDPHE standards that
are designed to minimine nanetratinn of rainfall into the waste Inno after the
facility has been closed.
• In addition, financial instruments to cover the cost of closure and post -closure
care are required prior to operation, and must be updated annually.
Pawnee will accept only
nonhazardous EPP waste
Pawnee employees will be trained
m proper operatirg procedures
Pawnee will minimize Its Import or
neighbors and the environment
BENEATH THE CAP
Only non -hazardous waste produced by
the oil and gas industry will be accepted
at Pawnee. Waste will be placed into
lined cells, and compacted to the
smallest practical volume using
equipment such as dozers. When the
waste height reaches between 4 and 6
feet (a 'lift'), a layer of cover soil will be
placed on top of the lift to reduce
rainfall infiltration. As current
proposed, daily cover will also be placed
on the working face. The cells will be
developed sequentially to minimize the
area open at any one time.
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BENEATH THE WASTE: STATE-OF-THE-ART ENVIRONMENTAL PROTECTION
Pawnee's liner design provides multiple safeguards to protect
the environment. We have chosen to exceed CDPHE
requirements because we are dedicated to providing the
highest level of long-term security for our customers and the
public.
Electrical Leak Location: This test, which is required in other
states, uses advanced resistivity technology to identify liner
pinholes, construction related damage or seams that may
not be properly welded, It allows any liner defects to be
mended before any waste is accepted.
HOPE Liner: This type of liner has been proven worldwide
to provide a high level of protection to groundwater
resources, and is recognized as having the most robust
properties to securely contain waste.
GCL Layer: This geo-synthetic clay liner consists of a
bentonite mat encased in geotextile. It is frequently used
in connection with HDPE because of its self -healing
properties.
aentanite-Native Soils Compacted Liner: Many landfills in
Colorado are designed using native soils only. The addition
of bentonite to the natural silty soils ensures that this liner
layer will act as a low permeability barrier.
In -Situ Soils: The design provides a minimum vertical
separation of 20 feet between the bottom of the line
system and the level where groundwater is first
encountered.
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(20 ft mim)
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From: Todd - CDPHE, Andrew
To: lane Witheridne
Cc: Kim Ogle' Ben Frissell' Lauren Light' Yaskanin, Maureen
Subject: Pawnee Waste CD Application/EDOP Completeness Review Determination
Date: Thursday, September 24, 2015 4:40:16 PM
Attachments: Completeness Review Determination Letter.odf
All;
Please find this letter as documentation that CDPHE has finished a required
completeness review of the EDOP and found the submittal to be complete. The State
will continue with a more thorough technical review.
Jane; I addressed this letter to Mr. Sherock, but do not have an e-mail address for
him. A hard copy of this letter will be sent along with the 30 -hour Billable Time
Waiver (mentioned at the end of the letter). We can describe what that's about later.
See you on October 1.
Regards,
Andy Todd, P.E.
Environmental Protection Specialist
Solid Waste Permitting Unit
irk
P 303.691.4049 I F 303.759.5355
4300 Cherry Creek Drive South, Denver, Colorado 80246-1530
Andrew.Todd@state.co.us www.colorado.gov/cdphe
Golder
Associates
July 23, 2014 Project No. 1407882B
Ms. Heather Barbare, CH MM, Environmental Health Specialist
Waste Program Coordinator
Weld County Department of Public Health & Environment
1555 North 17th Avenue
Greeley, Colorado 80631
Mr. Andy Todd, Environmental Protection Specialist
Colorado Department of Public Health & Environment
Solid Waste Unit
Hazardous Materials & Waste Management Division
4300 Cherry Creek Drive South
Denver, Colorado 80246
RE: ENGINEERING DESIGN AND OPERATIONS PLAN SUBMITTAL, PROPOSED PAWNEE
WASTE COMMERCIAL EXPLORATION AND PRODUCTION LANDFILL, WELD COUNTY,
COLORADO
Dear Ms. Barbare and Mr. Todd:
On behalf of Pawnee Waste LLC (Pawnee), Golder Associates Inc. (Golder) is hereby submitting the
enclosed Engineering Design and Operations Plan (EDOP) for the proposed Pawnee Waste E&P Landfill
(Landfill) located in northern Weld County, Colorado. The Landfill will be a commercial landfill designed
to accept non -hazardous oil and gas exploration & production (E&P) wastes.
This submittal has been developed pursuant to our meeting on April 28, 2015, and subsequent
communications with the Colorado Department of Public Health and Environment (CDPHE) and Weld County,
which helped define the regulatory basis for the Landfill. Golder has also taken into consideration comments
received from Weld County during our pre -application meeting for a "Use by Special Review" (USR) held May
22, 2015. Pawnee understands that a Certificate of Designation will be required for this solid waste facility,
since it will be regulated under, and comply with, the standards set forth in Sections 2 and 3 of the
"Regulations Pertaining to Solid Waste Sites and Facilities" (6 CCR 1007-2, Part 1) (Regulations).
The enclosed EDOP includes all of the information needed to demonstrate that the Landfill will meet or
exceed the current applicable CDPHE Regulations and will be uniquely qualified to fulfill a need for
secure disposal of both exempt and non-exempt E&P wastes in the market area. An enhanced liner
system and construction quality assurance program have also been designed, and, together with the
favorable geologic setting and isolation from surrounding residences, will provide a facility that will be
highly protective of the environment. Based on the type of facility being proposed, information is supplied
in the EDOP to demonstrate compliance with applicable regulatory criteria, including information on
geology and hydrogeology, siting considerations, design components, stormwater drainage controls,
environmental monitoring, and closure/post-closure requirements.
Golder requests your review of the EDOP in accordance with Section 1.3 of the Regulations. Golder
requests that the Waste Acceptance Plan (Appendix D) and Radiation Risk Assessment (Appendix I) be
I:\14',14078825\0400',0402 edop fn1114078825 Itr-fn1 pawnee edop cover letter 23ju115.docx
Golder Associates Inc.
44 Union Boulevard. Suite 300
Lakewood, CO 80228 USA
Tel: (303) 980-0540 Fax: (303) 985-2080 www.golder.com
Golder Associates: Operations in Africa, Asia, Australasia, Europe. North America and South America
Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation
Heather Barbare and Andy Todd
WCDPHE and CDPHE
2
July 23, 2015
1407882B
filed as "Confidential Business Information" and
these sections for your internal review. We have
Please contact either of the undersigned at (303)
have questions or require additional information.
Sincerely,
GOLDER ASSOCIATES INC.
Jill Parisi, PE
Senior Project Engineer
cc: Chris Dietzler, Pawnee Waste LLC
Jane Witheridge, Pawnee Waste LLC
Pamela Franch Flora, Tetra Tech
MAY/JMP/ap
Plap
have been marked accordingly. The hard copies include
separated these appendices for the electronic submittal.
980-0540 or Ms. Jane Witheridge at (970) 222-4243 if you
Maureen Yaskanin, PE
Associate, Senior Consultant
is 14\1407882b\0400\0402 edop tnl\1407882b Itr-fnl pawnee edop cover letter 23ju115.docx
CrAt Golder
Associates
;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
Hello