HomeMy WebLinkAbout20161137.tiff BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For:
Waste Management of Colorado, Inc. (Buffalo Ridge Landfill) - MUSR15-0002 R E C E I V E D
DEPARTMENT: Public Works DATE: 2/20/2016 FEB 2 4 2 '13
PERSON REQUESTING: Rich Hastings WELD COUNTY
COMMISSIONERS
Brief description of the issue:
The Department of Public Works received a request from the applicant, Doc Nyiro/Waste Management requesting that the
Board of County Commissioners consider approving the Improvements Agreement for the Solid Waste Disposal Site and
Facility, and an Oil and Gas Support and Trucking Facility (MUSR15-0002), located near CR's 59 & 18, north of the
town of Keenesburg.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above-mentioned
signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements", are found to be acceptable. The Agreement has been signed by Jay
McDonald/Public Works Director. Revisions to Part 2 of the Agreement were made, and approved by Frank
Haug/Assistant County Attorney.
The Department of Public Works received a request from the applicant, Doc Nyiro/Waste Management, requesting that
the Board of County Commissioners consider accepting off-site collateral in the form of a Performance Bond (Liberty
Mutual Insurance Company) in the amount of $3,600.00, for the above-mentioned Improvements Agreement.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1 . The Department's of Public Works, Planning Services and the County Attorney's Office are recommending
approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements and the acceptance of off-site collateral for (MUSR15-0002), and that this item be placed on the next
regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
Mike Freeman, Chair
Sean P. Conway, Pro-Tern
Julie A. Cozad
Barbara Kirlaneyer
2016- 1137
Steve Moreno
U:\Engineering\PLANNING DEVELOPMENT REVIEW\-2015 Planning Referrals\MUSR I5\MUSR15-0002 Waste Management\Improvements Agreement MUSRI5-0002 Passaround-BOCC Hearing Request 2016.docx
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WASTE MANAGEMENT of COLORADO, INC.
WASTE MANAGEMENT 5500 South Quebec Street
Suite 250
Greenwood Village, CO 80111
February 18, 2016
Mr. Rich Hastings
Weld County Department of Public Works
1111 H Street
Greeley, CO 80631
UPS Tracking Number
1 Z0 V26640199866341
RE: Waste Management of Colorado Inc. (WMC)
Buffalo Ridge Landfill
Road Maintenance Agreement for MUSR-0002
Dear Mr. Hastings,
In accordance with Condition 1 . A. of the conditional approval of the minor amendment of
the USR for the Buffalo Ridge Landfill, WMC is hereby submitting a signed road
maintenance agreement and the associated collateral, in the form of a surety bond, for case
number MUSR-0002.
Please call me at 303-486-6034 if you have any questions about the signed agreement or the
surety bond.
Sincerely,
RECEIVED
Doc Nyiro FEB 1. r 7016
Environmental Protection Manager
Wela County
Public Works pelt:
cc: Jason Chan, WMC
Eric DiEsposti, WMC
Jack Epple, WMC
Bill Hedberg, WMC
Marcel Kozlowski, WMC
it
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Waste Management of Colorado, Inc. (Buffalo Ridge Landfill) — MUSR 15-0002
THIS AGREEMENT is made this d'b day of Mardi , 201k, by and between Waste
Management of Colorado, Inc., hereinafter referred to as "Property Owner," and the County of
Weld, by and through its Board of County Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review MUSR15-0002, referred to as "the Property," which has been approved by the
County, and
WHEREAS, as a condition of approval of MUSR15-0002, the Property Owner agrees to
complete the improvements required by this Agreement; pursuant to Exhibit A (Costs) and Exhibit
B (Schedule) which are included, and depicted in the Plat Map and, if applicable, the set of accepted
Construction Plans, copies of which shall be attached to this Agreement as they become available
and made a part hereof, as Exhibits C (Plat Map), found at reception number 4187019 and D
(Construction Plans), found at reception number N/A respectively, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all off-site
g P Y
improvements required by this Agreement before the Property Owner submits and receives
approval of an application for a Grading Permit, Building Permit or for a Right-Of-Way Permit for
construction of accesses and work within the County and/or State of Colorado Right-Of-Way, or at
a time determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
Part 1 (of 2): Site Specific Provisions
A. Required Off-Site Iinprov ements :
1 .0 Weld County Roads: The Property Owner shall be responsible for the construction and
maintenance of the following off-site safety improvements, as described in the accepted Exhibit C
(Plat Map) and/or Construction Plans (Exhibit D):
1 . 1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into CR 59 right-of-way (ROW) (the existing turning radii from the
main entrance road to the unmaintained ROW is considered adequate and no construction is
necessary);
1 .2 Drainage installations (not applicable for MUSR15-0002);
1 .3 Signage Installations (not applicable for MUSR15-0002);
1 .4 Standard County approved tracking control, placed across the entire width of the
roadway, to ensure a complete revolution of the truck tires in order to minimize the tracking
of mud and debris onto the adjacent County Road (adequate tracking control currently is in
place by way of the existing graveled entrance road and the paved unmaintained ROW);
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Carly Koppes , Clerk and Recorder , Weld County , CO
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Granting of any new point of access may generate additional obligations with County for
Off-Site Improvements and the need to post additional "Road Maintenance Collateral", if
applicable. A County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements and for all expenses associated therewith.
3 .0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners, Property Owner shall
not be required to complete the aforementioned offsite improvements until the occurrence of the
triggering event for each improvement, namely the application for the Grading Permit, Building
Permit or Right-Of-Way access permit or the commencement of activities on the property(s).
B . Haul/Travel Routes
1 .0 Established Haul Routes from the facility access point onto CR 59, at the point where CR 59
terminates and CR 59 County Un-Maintained Public Right-of-Way begins:
1 . 1 Exiting or entering the site: haul vehicles shall enter or exit the site at the approved
accesses onto CR 59 for further dispersal. Any County roads routinely utilized by USR
haul traffic may become part of the established haul routes.
1 .2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1 .3 In unusual or rare occasions, if particular projects mandate deviation from the above-
mentioned haul route, the County may approve a deviation for a limited period of time
(not more than thirty days). If County approves such deviation, haul vehicles will utilize
paved county roads whenever possible. A deviation from the established Haul route
lasting more than thirty (30) days or requests for two or more deviations within a twelve
month period shall be subject to the terms of Section B.4.0. In the event that haul route
traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul
routes, the provisions of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B. 1 .3, no deviation in the use of any roads other than those specifically authorized for use in this
Agreement is permitted without the prior written amendment of this Agreement.
3 .0 Haul Route Signage (If Applicable) (not applicable for MUSR15-002): Property Owner
shall install haul route signs, as per MUTCD standards, at all exit points of the Property which can
be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes.
4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use
of unpaved County roads may require dust control or paving of such roads, as defined by an
amended agreement. In such circumstance, County will determine the proportionate share of dust
control and/or paving costs to be paid by Property Owner based upon then current vehicle trip
counts that identify traffic loading due to Property Owner's facility. The amount and extent of dust
control and/or paving measures will be determined by site-specific conditions at the time, as
determined exclusively by County personnel.
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5.0 Off-Site Dust Control/Abatement: The Property Owner is required to provide dust
abatement along affected Haul Route Roads approximately two to five times per year, as
determined by the County. County will determine the proportionate share of dust control to be paid
by Property Owner. The amount and extent of dust control measures will be determined by site-
specific conditions at the time, as determined exclusively by County personnel. The County
reserves the right to install traffic counters on the driveway(s) of the Property Owner's facility. The
County will have sole responsibility for determination of the percentage of haul route traffic on all
affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially
responsible for its Proportionate Share of the excavation, repair, and patching of any damage on
current or future haul route roads, which in the sole opinion of County has been created by vehicle
traffic to and from the Property. Should Property Owner's site activities or vehicle circulation
patterns change in the future so that County approves an alternate haul route, and all or a significant
portion of Property Owner's sourced traffic no longer utilizes the above-described haul route and
instead utilizes other portions of County roads, Property Owner shall cooperate with County in
paying its Proportionate Share of the costs for maintenance of said roads which are included within
the new haul route. The type and method of repair will be determined by the County Engineer or
his representative. Repairs shall commence within 48 hours of notification by the County for any
roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other
repairs shall commence within thirty (30) days of receipt of Weld County's written notice.
6. 1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible ("Significant Damage"), County shall, after inspection, notify Property
Owner of such Significant Damage. Property Owner shall identify the repair required
and shall consult with County on the extent, type, timing, materials and quality of repair
(i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such
notice and shall commence such repair within forty-eight (48) hours after receipt of such
notice. If such repair is not commenced within such forty-eight (48) hour period,
County shall have the right to draw on the Road Maintenance Collateral and use such
funds to perform such repair. If Property Owner identifies Significant Damage prior to
receiving notice thereof from County, Property Owner may commence repair of such
Significant Damage and shall concurrently notify County of the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety,
and welfare, and has budgeted sufficient funds for the following calendar year to pay its
share of the Off-Site Improvement/Repair Costs, County shall notify Property Owner in
writing that the Off-Site Improvements/Repairs shall be undertaken. Within ninety (90)
days of its receipt of County's notice of the need to undertake the road maintenance
repairs and/or improvements, Property Owner shall submit Off-Site Construction Plans
and Cost Estimates to County for review. Property Owner and other USR permit holders
shall be responsible for the completion of the repairs and/or improvements on or before
December 15 of the year following County's notice of the need for repairs.
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Carly Koppel Clerk and Recorder Weld County CO
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6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements
will be calculated as described in this Agreement. Payment by the Property Owner will
be due by the end of the first calendar quarter of the year following completion of the
repairs and/or improvements.
7.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owners and/or Lessees who are required by
County to participate in road improvement/maintenance agreements. As a result of the annual
inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during the following
construction season. Notification to the Property Owner of the required roadway repairs will be
given as soon as the data becomes available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections, the County may require
Property Owner to pay a proportionate share of the cost of the entire project based on the Property
Owner's share of Equivalent Single Axle Load (ESAL) Counts using then current data on the haul
route in the implementation of the above-mentioned improvements.. Future improvements will be
subject to any Federal, State or County regulations in place at the time the improvement project is
initiated.
9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road
damage increases beyond the point that repair of damage cannot maintain the road in a safe and
usable condition, Property Owner shall pay a proportionate cost of a complete road restoration
based on the Property Owner's share of ESAL Counts using then current data on the haul route in
the implementation of the above-mentioned improvements. Notification to the Property Owner of
the required roadway replacement will be given as soon as the data becomes available and typically
takes place before the end of the year prior to the start of the replacement project. Payment by the
Property Owner will be due by the end of the first calendar quarter of the year following completion
of the road replacement.
10.0 Proportionate Share of Road Maintenance Responsibilities:
10. 1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement,
paving, repairs, maintenance, improvements, or future road replacement of any
particular Haul Route Road. Property Owner's Proportionate Share shall be based upon
the percentage of traffic on the road that is attributable to Property Owner's facility.
County personnel will determine the percentage based on then current (ESAL) Counts.
Property Owner shall not be responsible for traffic that is not sourced from the Property
Owner's facility.
10.2 The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs. Prior to County's final
determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection
methodology, and determinations. The County shall review and consider Property
Owner's input prior to making a final determination and assessment. The County shall
have sole responsibility for determination of Property Owner's proportionate share of
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costs.
11 . Road Maintenance Collateral : Property Owner shall post Road Maintenance Collateral as
Licticribed by Part 2 of this Agreement.
C. On-Site Improvements (Not Applicable to MUS1Z1S-0002 )
1 .0 Landscaping and Fencing Requirements: Property Owner shall at its own expense, plant,
install and/or maintain all grass and other landscaping and re-seeding where applicable as shown on
the accepted Construction Plans and/or Plat Map. Additionally, the Property Owner shall install
and/or maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and/or Plat Map. In the event any of these improvements may include work
extending into State or County Right-Of-Way, a Right-Of-Way or access permit is required.
2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense,
grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and
install accepted drainage and signage components, adjacent to or within the interior portion of the
property in accordance with the directives of the Weld County Department of Public Works and
Department of Planning Services, as further described in the accepted Construction Plans and Plat
Map. Any other on-site improvements shall be completed as indicated on the accepted Construction
Plans for this facility. Property Owner shall be responsible for all maintenance of the on-site
improvements. Additional infrastructure improvements will be addressed at the time of application
for any future amended USR. Some of these improvements may include work extending into State
or County Right-Of-Way in which case a Right-Of-Way or access permit is required.
3 .0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners, Property Owner shall
not be required to initiate any applicable landscaping requirements until the occurrence of the
triggering event for all improvements, namely the approval of the grading permit or an amendment
to the existing USR. Except with prior County consent, no grading permit will be released until
collateral is posted for all off-site improvements and the final Construction Plans have been
submitted to and accepted by the Department of Public Works. Access and/or Right-Of-Way
permits might also be required prior to approval of the grading permit. Grading shall not commence
until Construction Plans are accepted. Any alterations to the accepted Construction Plans must be
accepted in writing by the County Planning and Public Works Departments. At that time, and unless
p p
otherwise amended, Property Owner agrees that all landscaping and other on-site improvements
shall be completed within the parameters established in this Agreement.
"End of Part 1 "
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Carly Koppes Clerk and Recorder keld. County CO
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U:\Engineering\PLANNING — DEVELOPMENT REVIEW\-2015 Planning Referrals\MUSRI5\MUSR15-0002 Waste Management\Improvements
Agreement\Waste Management (Buffalo Ridge) (MUSR 15-0002) - Part 1 Final IA (2-9-16).docx
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Waste Management of Colorado, Inc. (Buffalo Ridge Landfill) — MUSR15-0002
Part 2 : General Provisions
A. General Requirements:
1 .0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on the
accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both
of which are attached hereto and incorporated herein by reference.
1 . 1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1 .2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1 .3 Property Owner shall furnish construction drawings for the road improvements on
public rights-of-way or easements and all improvements interior on the Property for
approval prior to the letting of any construction contract.
1 .4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights-of-way and Dedication of Right-of-Way: If necessary, Property Owner agrees to
acquire any property interests, such as right-of-way, utility or access easements, necessary to
complete any improvements required by this Agreement. Any rights-of-way to be dedicated to
the County shall be conveyed by appropriate deed and, after acceptance by the County, recorded
in the records of the Weld Count Clerk and Recorder.
3 .0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and Plat Map, and be solely
responsible for all associated costs. All improvements must be completed in accordance with the
schedule set forth in Exhibit "B". The Board of County Commissioners, at its option, may grant
an extension of time upon application by the Property Owner.
3. 1 Said construction shall be in strict conformance to the plans and drawings accepted
by the County and the specifications adopted by the County.
3 .2 Property Owner shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or construction;
and shall furnish copies of test results to the County. If County discovers
inconsistencies in the testing results, Property Owner shall employ at its expense a
third party qualified testing company approved by County. Such third party shall
furnish the certified results of all such testing to the County.
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3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Property Owner's
expense. Any material or work not conforming to the approved plans and
specifications, including but not limited to damages to property adjacent to the
construction plan area shall be repaired, removed or replaced to the satisfaction of the
County at the expense of Property Owner.
3 .4 Permits. Property Owner must still apply for and abide by the terms of any necessary
right-of-way permits, grading permits, and building permits. No work may occur in
the County's right-of-way without a County-issued right-of-way permit and access
permit.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from
any and all liability loss and damage County may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements by Property Owner, and pay any and all judgments rendered
against the County on account of any such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in defending such suit, action or claim whether
the liability, loss or damage is caused by, or arises out of the negligence of the County or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees while acting within the
scope of their employment. All contractors and other employees engaged in construction of the
improvements by Property Owner shall maintain adequate worker's compensation insurance and
public liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health. This release does
not apply to work performed by the County.
5.0 Acceptance of Off-Site Improvements by the County: Upon written request by the
Property Owner, the County shall accept the Property Owner's off-site improvements, if the
following conditions are met:
• The off-site improvements have been completely constructed, and
• The Property Owner's Engineer has filed a Statement of Substantial Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5. 1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the BOCC.
5.3 County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the
schedule shown on Exhibit "B," and may continue to issue building permits so long
as the progress of work on the USR improvements in that phase of the USR is
satisfactory to the County, and all terns of this Agreement have been faithfully kept
by Property Owner.
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6.0 Warranty Period: Property Owner agrees to warrant the improvements for two years from
the date the improvements are accepted by the County. Upon completion of the two-year
warranty period and at the request of the Property Owner, the County Engineer shall inspect the
improvements and direct the Property Owner to correct any deficiencies. The County Engineer
shall re-inspect after all corrections have been completed. If the County Engineer finds that the
improvements are constructed according to County standards and the accepted Construction
Plans, he/she shall recommend full acceptance. Upon receipt of the County Engineer's
unqualified recommendation for acceptance, the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Property Owner to provide
collateral to guaranty all of Property Owner's obligations under this Agreement: (1 ) Project
Collateral for completion of off-site improvements described in this Agreement; (2) Warranty
Collateral required for all improvements during the warranty phase; and (3) Road Maintenance
Collateral (If Applicable) to be kept in place for the life of the permit.
7. 1 Project Collateral — Property Owner shall submit Project Collateral in a form accepted
by Weld County to guarantee completion of any off-site improvements. Such
collateral must be equivalent to One-Hundred Percent ( 100%) of the value of the
improvements as shown in this Agreement. This collateral must be submitted to
County upon the execution of this Agreement, or at a time determined acceptable by
the BOCC, and shall be held in total by County until such improvements are accepted
and collateral is released by the BOCC.
7.2 Warranty Collateral for all off-site improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2, Section 3 .
7.5 The Board of County Commissioners reserves the right to reject collateral as
permitted by Weld County Code Chapter 2 Section 3.
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
B. Violations of Agreement and Remedies
1 .0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any
of the terms of this Agreement, County shall so notify Property Owner and shall state with
specificity the facts and circumstances which County believes constitute the violation. Property
Owner shall have thirty (30) days within which to either cure the violation or demonstrate
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compliance. Thereafter, County seek an
y mayn a y remedy described in this Agreement or otherwise
provided by law.
2 .0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2. 1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Property Owner's complete cessation of all activities permitted by the USR. A
partial cessation of activities shall not constitute a Termination of this Agreement, nor
shall County's issuance of a partial release constitute a Termination. Unless informed
in writing by the Property Owner of cessation of activities, and verified by the
County, cessation shall be presumed if the County determines that the USR has been
inactive for three (3) years. Property Owner shall not be entitled to a release of
Project or Warranty Collateral unless and until the improvements required by this
Agreement are completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Property Owner
or Operator who has purchased the Property or has assumed the operation of the
business permitted by the USR, and intends to make use of the rights and privileges
available to it through the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation
of Property Owner's USR, except that the Property Owner shall only be released from
this Agreement after the successful completion of all improvements required under
this Agreement, which may be completed by County after accessing Property
Owner's collateral if Property Owner fails to complete such improvements.
3 .0 Revocation of USR: Property Owner acknowledges that failure to comply with the terms
of this Agreement constitutes cause to revoke the USR, and County may exercise this option in
its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
access any collateral provided by Property Owner in order to complete the improvements
required under this Agreement, if Property Owner fails to do so for any reason, after receiving
notice of a violation of the terms of this Agreement as provided herein.
5.0 Court action: Upon notice of violation and failure to cure within the time permitted by
this Agreement, County may seek relief in law or equity by filing an action in the Weld County
District Court, except that no such civil action or order shall be necessary to access collateral for
the purpose of completing improvements as described above.
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Carly Koppes , Clerk and Recorder . Weld County : CO
1 .0 Definitions: lIII WrwirCi QIt'iMing ?iM' rilif liI'1 IBC' hWiv.ivh 11111
1 . 1 All references in this Agreement to "County Engineer" shall refer to any individual or
individuals appointed by the County Engineer to act on his/her behalf.
Page 9 of 12
•
1 .2 All references to "Haul Routes" include identified travel routes for subdivisions;
references to "haul vehicles" include subdivision vehicular traffic, as applicable.
1 .3 All references to "Property Owner" shall include any individual or entity, including
an "Operator", who acts on behalf of the Property Owner regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Property Owner without the express written consent of County and the
written agreement of the party to whom the obligations under this Agreement are assigned.
Property Owner's release of its obligations shall be accomplished by County's execution of a
new Improvements Agreement with the successor owner of the property. If this Agreement is
delegated, transferred, or assigned to another subsidiary of Waste Management, Inc., the
conditions of the new Improvements Agreement will be the same as the conditions in this
Agreement. Consent to a delegation or an assignment will not be unreasonably withheld by
County. County's rights and obligations under this Agreement shall automatically be delegated,
transferred or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement.
All of the terms and conditions set forth in this Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of Property Owner, and upon
recording by the County, shall be deemed a covenant running with the land herein described.
3 .0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24- 10-101 et seq., as
applicable now or hereafter amended.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
or entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
5 .0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules
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Carly Koppes , Clerk and Recorder , Weld County , Co
VIII MAJ7 DJD 'i:l. 3111 . kl: I !ii'ihi 7011 h 11111
and/or regulations shall be null and void. In the event of a legal dispute between the parties,
Property Owner agrees that the Weld County District Court shall have exclusive jurisdiction to
resolve said dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed
and enforced without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Property
Owner, concerning this Agreement, the parties agree that each party shall be responsible for the
payment of attorney fees and/or legal costs incurred by or on its own behalf
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11 .0 Authority to Sign: Each person signing this Agreement, and associated Exhibits,
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement. Each party represents and warrants to the other that the execution and
delivery of the Agreement and the performance of such party's obligations hereunder have been
duly authorized and that the Agreement is a valid and legal agreement binding on such party and
enforceable in accordance with its terms. If requested by the County, Property Owner shall
provide the County with proof of Property Owner's authority to enter into this Agreement within
five (5) days of receiving such request.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS:
SIGNATURE •
PRINTED NAME W17 eiZeruJrns/1/4-e
TITLE (If Applicable) jáOi2ed 4`,i-n ,
STATE OF COLORADO
1eso nb"''I), JENNIFER L HAGGARD
SS. 1 . „ Notary Public . Arizona
County of Weld ) ''�. � County
C.. . MY Cann. EIspWN Fu0 25. 2017
illmnsesnorregremempil
The foregoing instrument was acknowledged before me this )64L-day of e\GNU U ,
el -20+5-, by Qz awki\S k k
2010
WITNESS my hand and official seal.
ary ublic
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Carly Koppes . Clerk and Recorder . Weld County . CO 'age llof12
Ell ���.r�1,� uti��� s LOILY6Or aleiti l'ililiiivi 11111
LESSEE (If Applicable):
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2015, by
WITNESS my hand and official seal.
Notary Public
ATTEST: der-A,A) side, ,,i, BOARD OF COUNTY COMMISSIONERS
Weld Csty Clerk to the B and ♦��+. WELD COUNTY, COLORADO
1: . 1 - /jam
Deputy Cl : k to the Bo •`."���, • ,`' , e Freeman, Chair MAR . 2. & Z�
APPRO ED AS RM: ` r ? --�: PROVED AS TO STANCE:
•
Count ' ttorney Electe n cial or Department Head
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Carly Koppes . Clerk and Recorder . Weld County , Co
■III !�!���'�t�t l�s 4 K '�l� R'�T,I ��.���; ���� LAMY ill)] 11111
U:\Engincering\PLANNING - DEVELOPMENT REVIEW -2015 Planning RefetYals\MUSR15\MUSR15-0002 Waste
Management\Improvements Agreement\Waste Management (Buffalo Ridge) (MUSR15-0002)- Pan 2 Final IA (2-9-I6).docx
Page 12of12 010 /6 113 7
p . lI EXHIBIT A - Cost Sheet (OFF-SITE )
Name of Facility: , k'� R,L 11114-11 I Filing/Case #: (kV SR -)CC— Location: GSS 1 r t rn l k tj pcC K Q
Personnel Contact: Name Bt It I4te rj Title: Sr. D►s1r ieillaMjer Phone: 170 - SW?
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout thisJacility the followingimprovements
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply ) -
Ouantitv Units Unit Costs ($) Estimated Construction
Cost ($1
jPUBLIC WORKS,,
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access Improvements
Erosion Control Measures/BMP's
Road Maint. Collateral (per Sec.
E.-7.5) � � Co . CD
Dust Control (per Sec. E.-7.5.2)
Fire Hydrants
Survey, Street Monuments/Boxes
,PLANNING SERVICES,
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails 4193400 Pages : 13 of 16
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Septic Systems Carly Koppes , Clerk and Recorder .I Weld County , CO
gill NCR:tillII. III �� I4'��, Der n�� L" Iiwlr(1IIP! I~All ) U II
SUB-TOTAL:
( I esting, inspection, as- uilt plans and work in ad ition to prclintinar) and
Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($) 1 3 G o O , 0O
EXHIBIT A - Cost Sheet (OFF-SITE ) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By: /*
Applicant
4aeara.. i ate ST-1-€477S , 20 7C
Title
By: let-t-urna.. ....4.
Applicant
Date 647 7$120 20 /6
Title
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Carly Koppes . Clerk and Recorder Weld County . Co
II II
EXHIBIT B - Time Schedule
(ON-SITE ) & (OFF�-�SyI�TE ) !! 1
Name of Subdivision, Pt'D, t'SR, RE, SPR: tn' tIU RI � ,at �L e � I I Filing/Case #:muSR--t2 Location:CE6q It ( ' k w ef cgao
Intending to be legally bound, the undersigned A leant hereby agrees to provide throughout this facility for following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply )
(O\'-SI Tl:1 (OFF-SITE_ I
,,PUBLIC WORKS'
Site Grading
Street Grading
Street Base, Gravel for Parking
Street Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey, Street Monuments/Boxes
. PLANNING SERV'IC'ES_
Parking Area, Curb Stops, Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping, Seeding, Trees, etc.
Park Improvements
Handicap Accessibility, Parking & Rails
Septic Systems
Final Completion Date for Entire Project
`s L„)
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Carly Koppes Clerk and Recorder , Weld County , CO
■III F1�jN��4 I' i'ui':PiG, Ri It iNAAN I It U
EXHIBIT B - Time Schedule- Signature Page
The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
By:
Applicant
_;/ 1Searentr►� is Date 7 , 20 /‘
Title
By:
Applicant
AfrAec/atv- Date /5720 a
Title 4,4%Le-4E ;-
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Carly Koppes , Clerk and Recorder , Weld County ; CO
lIII 1� �� ' Yi1I 'L Q � i '�t Nil
O:Wew Version Agreement\Exhibits120131Exh B Time Schedule-FINAL(2013).xlsx
Bond No.022052800
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS,11se5Gvei thatCoty Road
(name)Waste Management of Colorado,Ir)c. (address)Keenesburo,co 8o643-9647 a (corporation,
limited liability company, etc. ) Corporation , organized under the laws
of the State of Colorado , with its principal office located at
(address) Same as Above , hereinafter called "Principal", and (name
of surety(Liberty Mutual InsuranceCompaQyf (address of surety) 175 Berkeley Street,Boston,MA02116
hereinafter called "Surety" are held and firmly bound unto Board of
County Commissioners of Weld County, Colorado, on behalf of Weld
County Colorado, hereinafter called "Obligee" in the full and penal
three ousan
sum o&Hundred Dollars ($3,60 ).0,0 lawful money of the United States for the
payment of which well and truly made, we bind ourselves, our heirs,
administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the above-bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely (insert the specific
permit and number - USR, SPR etc) musR15-0002 , and pursuant
to the requirements of said permit, has entered into an Improvements
Agreement, dated , with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Three Thousand Six Hundred , ($3,600.0p, and
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obilgee from all costs and damages which it may suffer by
reason of Principal' s failure to perform as agreed, and shall reimburse
and repay Obligee all outlay and expense which Obligee may incur in
making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, regardless of the number of years this Bond is in force, or
the number of continuation certificates issued, the liability of the Surety
shall not be cumulative in amounts from period to period and shall in no event
exceed the amount set forth above, or as amended by rider;
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
thereof which may be granted by Obligee with or without notice to
Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserves the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this 12th
day of February , 4)A
2016
Waste Management of Colorado, Inc.
Principal
By: (11/( t,VA
Principal Secretary/Witness Title I�vtyisha Je r Attomey-in-Fact
Naomi Harris ill
(SEAL)
(INSURANCE COMPANY NAME)
Liberty Mutual Insurance Company
By: 4.
Witnese` as to S ty upe Tyler Wendy W.Stuc eey , Attorn in-Fact
5555 San Felipe, Suite 1500 5555 San Felipe,Suite 1500
Address Address
Houston,TX 77065 Houston,TX 77065
Address Address
IMPORTANT: Surety company executing bond must appear on the Treasury
Department's most current list (Circular 570 as amended) and be
authorized to transact business in the State of Colorado.
Bond must be accompanied with Attorney-in Fact's authority from the
surety company certified to include the date of the bond.
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each
of its direct and indirect majority owned subsidiaries(the"WM Entities"),have constituted and
appointed and do hereby appoint Anoop Chawla Adlakha,Margaret Buboltz,Jennifer S.
Copeland, Vanessa Dominguez,Michael J. Herrod, Myisha Jefferson ,Wendy W. Stuckey,
Nancy Thomas, Lupe Tyler and Stephenie Whittington of Aon Risk Services Southwest,Inc.,
each its true and lawful Attorney-in-fact to execute wider such designation in its name,to affix
the corporate seal approved by the WM Entities for such purpose, and to deliver for and on its
behalf as surety thereon or otherwise,bonds of any of the following classes, to wit:
1. Surety bonds to the United States of America or any agency thereof, and lease and
miscellaneous surety bonds required or permitted under the laws, ordinances or
regulations of any State,City,Town,Village, Board or any other body or
organization,public or private.
2. Bonds on behalf of WM Entities in connection with bids,proposals or contracts.
The foregoing powers granted by the WM Entities shall be subject to and conditional upon the
written direction of a duly appointed officer of the applicable WM Entity(or any designee of any
such officer) to execute and deliver any such bonds.
The signatures and attestations of such Attorneys-in-fact and the seal of the WM Entity may be
affixed to any such bond,policy or to any certificate relating thereto by facsimile and any such
bond,policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the applicable WM Entity when so affixed.
IN WITNESS WHEREOF,the WM Entities have caused these presents to be signed by
the Vice President and Treasurer and its corporate seal to be hereto affixed this j.*
day of Cebrozi ry, Dori
Witness: On behalf of Waste Management,Inc.and
each of the other WM Entities
irld4:1( j$A lc-
Devina A.Rankin
Vice President and Treasurer
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
{ Certificate No. 7118203
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Anoop Chawla Adlakha;Donna L.Williams;Lisa A.Ward;Lupe Tyler;Margaret Buboltz;Michael J.Herrod;Myisha Jefferson;Nancy
Thomas;Stephenie Whittington;Vanessa Dominguez;Wendy W.Stuckey
all of the city of Houston ,state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 18th day of September 2015
,�, v w, S�f Ns a American Fire and Casualty Company �p
' s�.lf �`t x {,,Q41 )P`, {U't. F ,<' The Ohio Casualty Insurance Company co
a 1906 0 ' 1973 n 1912 2 a 1991
Liberty Mutual Insurance Company m
" s Z ° West merican Insurance Company =
H a p e
tD w* * * * j
By: >f
C STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary C
L- COUNTY OF MONTGOMERY O
dof on this 18th day of September , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and is o
C.) O Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >�
p> execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
GTw�_ IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O C.
_ coP pps COMMONWEALTH OF PENNSYLVANIA /�� � $'+O
— Q�'�MONwEgT({ Notarial Seal U��.1� ""-14 iL-12t12 Teresa Pastella.Notary Public gOco of Plymouth Twp.,Montgomery County yC
` x ( My Commission Expires March 28,2017 Teresa Pastella,Notary Public
0 w 1'p) w_,�v`F' Member,Pennsylvania Association of Notaries a
d w-
C to This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N o
N Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: t O
"ai
co m ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 C
e t to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, .4%y
0 C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective rEs
E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so To w
8 L 'O
executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >
the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t Nr
is C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E o0
> L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, -M
Z v seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their Cop
respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 3 o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0)
0
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said
Companies,is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1.)-44‘ day of 1- _b r aria(y ,20 ( .
,„1i;C4 9,,, tv IN5 ,,,„41,\''',,,,,,,NSUR N res is
1906 s 1912 1991 . By. ---
s ti ≥ Gregory W.Davenport,Assistant Secretary
_ti' v 5 _ y
144 of 500
LMS 12873 122013 . -
a1
,,A
■ �. LAND USE APPLICATION
r� �►' SUMMARY SHEET
COUNT
Planner: Chris Gathman Director Approval
Case Number: MUSR15-0002
Applicant: Waste Management of Colorado, Inc.
Owner: Same
Request: An application for a Minor Amendment to Use by Special Review Permit USR-966 (A
Site Specific Development Plan and Use by Special Review Permit for a Solid Waste
Disposal Site and facility in the Agricultural Zone District, permitted to operate 6:00 AM
to 6:30 PM, Monday through Saturday, except in emergency situations as approved by
the Weld County Environmental Services Division). The proposed Minor Amendment
seeks to: 1) Change permitted hours of operation for up to 24 hours per day, 7 days a
week. 2) Permit Energy Services (ES) business to be part of the USR. 3) Allow the
addition of a 24-foot by 60-foot modular office for ES personnel, and 4) Amend the
Leachate Management Plan to reflect changes that have been approved by the
Colorado Department of Public Health and Environment as a minor amendment to the
approved Engineering Design and Operations Plan (EDOP) for the existing Solid
Waste Disposal Site.
Legal Part of Sections 2 and 3, Township 2 North, Range 64 West, and part of Sections 26,
Description: 27, 34 and 35, Township 3 North, Range 64 West of the 6th P.M., Weld County,
Colorado
Location: East of and adjacent to County Road 59, approximately 1.75 miles North of County
Road 20
Size of Parcel: +/-3,642 acres Parcel No. 121526000010,121527000004,
121534000003,121535000008,
121535000009,130502000001,
and 130503000007
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Town of Keenesburg, referral dated April 3, 2015
➢ Weld County Department of Public Health and Environment, referral dated March 10, 2015
➢ Weld County Department of Planning Services—Engineer, referral dated March 10, 2015
Colorado Department of Transportation, referral dated May 4, 2015
MUSR15-0002—Waste Management
Page 1 of 12
The Department of Planning Services' staff has received responses without comment from the following
agencies:
➢ Weld County Code Compliance, referral dated February 11, 2015
Weld County Sheriffs Office, referral dated February 13, 2015
Southeast Weld Fire Protection District, referral dated February 10, 2015
The Department of Planning Services'staff has not received responses from the following agencies:
➢ Weld County Building Inspection
➢ Weld County Sheriffs Office
➢ Colorado Department of Public Health and Environment
➢ Colorado Parks and Wildlife
➢ West Greeley Soil Conservation District
MUSR15-0002—Waste Management
Page 2 of 12
i$6t
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
CaUNTY
Planner: Chris Gathman
Case Number: MUSR15-0002
Applicant: Waste Management of Colorado, Inc.
Owner: Same
Request: An application for a Minor Amendment to Use by Special Review Permit USR-966 (A
Site Specific Development Plan and Use by Special Review Permit for a Solid Waste
Disposal Site and facility in the Agricultural Zone District, permitted to operate 6:00 AM
to 6:30 PM, Monday through Saturday, except in emergency situations as approved by
the Weld County Environmental Services Division). The proposed Minor Amendment
seeks to: 1) Change Permitted hours of operation to up to 24 hours per day, 7 days a
week. 2) Permit Energy Services (ES) business to be part of the USR. 3) Allow the
addition of a 24-foot by 60-foot modular office for ES personnel, and 4) Amend the
Leachate Management Plan to reflect changes that have been approved by the
Colorado Department of Public Health and Environment as a minor amendment to the
approved Engineering Design and Operations Plan (EDOP) for the existing Solid Waste
Disposal Site.
Legal Part of Sections 2 and 3, Township 2 North, Range 64 West, and part of Sections 26,
Description: 27, 34 and 35, Township 3 North, Range 64 West of the 6th P.M., Weld County,
Colorado
Location: East of and adjacent to County Road 59, approximately 1.75 miles North of County
Road 20
Size of Parcel: +1-3,642 acres Parcel No.
121526000010,121527000004,
121534000003,121535000008,
121535000009,130502000001,
and 130503000007
Summary: The proposed Minor Amendment seeks to: 1) Change Permitted hours of operation to up to 24
hours per day, 7 days a week. 2) Permit Energy Services (ES) business to be part of the USR. 3) Allow
the addition of a 24-foot by 60-foot modular office for ES personnel, and 4) Amend the Leachate
Management Plan to reflect changes that have been approved by the Colorado Department of Public
Health and Environment as a minor amendment to the approved Engineering Design and Operations
Plan (EDOP) for the existing Solid Waste Disposal Site. The application indicates that(on average) one-
hundred fourteen (114) vehicles access the Waste Management Site. Approximately 30 vehicles
associated with Energy Services are parked and maintained on the site.
MUSR15-0002—Waste Management
Page 3 of 12
THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR
THE FOLLOWING REASONS:
1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding
area and be in harmony with the neighborhood. The USR site boundaries will not expand under
this minor amendment.
2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code.
Section 22-2-20.G. A.Policy 7.2. of the Weld County Code states: "Conversion of agricultural land
to nonurban residential, commercial and industrial uses should be accommodated when the
subject site is in an area that can support such development, and should attempt to be
compatible with the region."
With the exception of the proposed modular office, this is an existing landfill approved under Use
by Special Review Permit (USR-966). The boundaries of USR-966 will not be expanding per this
minor amendment. The application indicates a total of 30 vehicles are associated with the Energy
Services component of the facility out of an average of 114 vehicles on average that access the
site on a daily basis.
3. The proposed change(s) will not result in a substantial adverse impact on the other property in
the vicinity of the subject property.
No phone calls, letters or correspondence have been received from property owners in regards to
this case.
4. The recommendations of the referral agencies have been considered.
Referral comments were received from the Town of Keenesburg and have been addressed in
conditions of approval for this case. Referral comments from Weld County Planning Services —
Engineer and Weld County Environmental Health are addressed in Development Standards and
conditions of approval. The remaining referrals received indicated no concerns with this request.
5. Not deemed to be a major change.
A Pre-Application (PRE14-0030) meeting was held on February 14, 2014 and subsequent
discussions were held in another Pre-Application (PRE14-0170) meeting on June 27, 2014. In
discussions with the Weld County Department of Planning Services, the Weld County
Department of Public Health and Environment, the Weld County Department of Planning Services
- Engineer, and the Weld County Building Department, it was determined that the proposed
modifications are consistent with the existing permit and minor in nature.
6. Must be consistent with the original development standards.
Many of the original development standards are still applicable and will be listed on the MUSR
map. Weld County Department of Public Health and Environment and Weld County Planning
Services— Engineer have updated development standards to reflect changes in language and
conditions that have occurred since USR-966 was originally approved in 1992.
This approval is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
MUSR15-0002—Waste Management
Page 4 of 12
1. Prior to recording the plat:
A. An Improvements Agreement and Road Maintenance Agreement is required for offsite
improvements at this site. Road maintenance including dust control, damage repair, specified
haul routes and future triggers for improvements will be included. (Department of Planning
Services—Engineer)
B. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of Weld County Right-of-Way. (Department of Planning Services—Engineer)
C. Public Works. (Department of Public Works)
D. The applicant shall attempt to address the requirements/concerns of the Town of Keenesburg as
stated in their referral dated April 3, 2015. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Keenesburg)
E. The applicant shall address the requirements of the Colorado Department of Transportation as
stated in their referral received May 4, 2015. Written evidence of such shall be provided to the
Department of Planning Services. (Colorado Department of Transportation)
F. Any portions of the haul route that are not located within the County Road 59 Section line right-of-
way require either an approved access easement or written permission from the property owners
that the access road crosses. Evidence of such shall be provided to the Department of Planning
Services. (Department of Planning Services)
G. Several residences along the haul route for the Waste Management Facility are located outside of
the 500-foot referral area for this minor amendment. Written notice shall be provided to these
property owners notifying them of the change to the hauling hours for the facility. Evidence of
such shall be provided to the Department of Planning Services. (Department of Planning
Services)
H. The applicant shall submit a complete access permit submittal to the Department of Public Works
(access photos are required). Any questions regarding access permit submittal requirements can
be directed to Morgan Gabbert at the Public Works access permit division (970) 304-6498.
I. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MUSR15-0002 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) County Road 59 is unmaintained section fine right of way. The applicant shall verify and
delineate on the map the existing right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by
Weld County. (Department of Planning Services—Engineer)
5) Show the approved non-exclusive license agreement on the Plat and label it with the
recorded reception number and date (rec# xxxxxxxxx, date). (Department of Planning
Services—Engineer)
6) Show the approved access on the plat and label with the approved access permit number(to
be provided). (Department of Planning Services—Engineer)
7) The applicant shall indicate specifically on the plat any right of way and/or easements and
indicate whether they are dedicated, private, or deeded and label with recorded document,
book and page and/or reception number to provide adequate access to the parcel.
(Department of Planning Services—Engineer)
MUSR15-0002—Waste Management
Page 5 of 12
8) Show the accepted water quality feature on the map with volume and label as "WATER
QUALITY FEATURE, NO-BUILD OR STORAGE AREA". (Department of Planning Services—
Engineer)
9) Show and label the accepted drainage features, drainage flow arrows, turning radii, and
parking and circulation on the map. (Department of Planning Services—Engineer)
10) Show any proposed gate back a minimum of 75ft from the right of way. (if Applicable)
(Department of Planning Services—Engineer)
11) Add the following signature blocks:
a) CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES
-ADMINISTRATIVE REVIEW
This minor amendment plat is accepted and approved by the Department of Planning
Services for filing.
State of Colorado ) Director, Department of Planning Services
)ss.
County of Weld )
The foregoing certification was acknowledged before me this day of
, 20
My commission expires .
Witness my hand and Seal.
Notary Public
b) PROPERTY OWNER'S CERTIFICATION
The undersigned major property owner(s) do hereby agree to the Minor Amendment
of the Site Specific Development Plan and Use by Special Review Standards as
described hereon this _day of , 20 .
Signature Printed Name
2. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. Contact the Planning Department for application information. (Department of
Planning Services—Engineer)
3. Prior to Operation:
A. Construction of the approved access and/or tracking control improvements is required prior to
operation. (Department of Planning Services—Engineer)
MUSR15-0002—Waste Management
Page 6 of 12
4. Upon completion of Condition of Approval#1 above, the applicant shall submit one(1) paper copy or
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the
date of Department of Planning Services Director approval. The applicant shall be responsible for
paying the recording fee.
5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required sixty (60) days from the date of the Department of Planning Services
Director approval, a $50.00 recording continuance charge shall added for each additional 3 month
period.
6. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsa( co.weld.co.us.
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recyr er.
By ! .� Date:
Tom Par o Planning Director
MUSR15-0002—Waste Management
Page 7 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MUSR15-0002
1. A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No.
USR-966 (A Site Specific Development Plan and Use by Special Review Permit for a Solid Waste
Disposal Site and facility) in the Agricultural Zone District, permitted to operate 24 hours per day,
7 days a week, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code.
3. The facility may accept household, industrial, and commercial solid waste, approved by the
Colorado Department of Public Health and Environment and the Weld County Department of
Public Health and Environment. No hazardous, radioactive or bulk liquid wastes, as defined by
Federal or State regulations, shall be disposed of at this facility. (Department of Public Health and
Environment)
4. An individual, knowledgeable in operating a solid waste disposal site and facility, shall be on the
site at all times the facility is operating. An up-to-date list of all such individuals shall be provided
to the Weld County Department of Public Health and Environment. (Department of Public Health
and Environment)
5. The maximum size of the working face of the disposal site shall not exceed 150 feet in width and
14 feet in vertical depth at any time. Any increase in width or height must be approved by the
Weld County Department of Public Health and Environment. (Department of Public Health and
Environment)
6. All waste received at the facility shall be screened to ensure appropriate wastes are being
disposed of at the facility. The access control plan, approved by the Colorado Department of
Public Health and Environment and the Weld County Department of Public Health and
Environment. (Department of Public Health and Environment)
7. There shall be a single point of public ingress and egress to the facility located on the west side of
the private road, which extends north from Weld County Road 59. An operations access gate is
allowed on the northeast side of the site. (Department of Public Health and Environment)
8. The facility shall be operated in a manner which protects against surface and groundwater
contamination. The facility shall implement the groundwater monitoring plan and leachate
management plan, approved by the Colorado Department of Public Health and Environment and
the Weld County Department of Public Health and Environment. (Department of Public Health
and Environment)
9. Any changes or updates to the groundwater monitoring plan or leachate management plan shall
be made by the facility when requested in writing by the Weld County Department of Public
Health and Environment or the Colorado Department of Public Health and Environment. A copy
of any request for change shall be forwarded to the Weld County Department of Planning
Services'staff for review. (Department of Public Health and Environment)
10. The facility shall be operated in a manner to control blowing debris at all times. Operation during
windy periods shall be conducted in a manner that controls blowing debris. The working face shall
be closed to disposal when high warning conditions exist as defined in Section 1.2 of the
Colorado Department of Public Health and Environment's Solid Waste Disposal Sites and
Facilities Regulations, 6 CCR 1007-2.
The following operation measures shall be employed to control blowing or illegally dumped
debris:
MUSR15-0002—Waste Management
Page 8 of 12
•
a. Any debris found outside the working face shall be picked up within 24 hours.
b. The following shall be patrolled daily by facility staff to pick up all debris and return it to
the working face:
The access route south from the office and maintenance area consisting of
portions of Weld County Road 59, 18 and 57-1/2 to the 1-76 Interchange.
ii. The fence along the perimeter of the Special Review Permit area.
c. The manager of the facility shall respond to requests for picking up debris within 24 hours
of notification by the Weld County Department of Public Health and Environment.
d. A minimum six-inch solid cover, or other cover alternative, as approved by the Colorado
Department of Public Health and Environment and the Weld County Department of Public
Health and Environment shall be applied daily over the working face. Cover shall be
placed on debris as soon as possible on days when wind is a noticeable problem.
e. The working face shall be enclosed on the downwind side(s) with a litter screen while
accepting waste. A six-foot litter and access-control fence shall be maintained around the
Special Review Permit area.
f. During windy periods, which have not reached the threshold to be defined as high wind
warning conditions, the size of the working face shall be reduced to a size that eliminates
debris escaping the screen.
g. The size of the working face shall be reduced to 100 feet in width while accepting waste
after dark. (Department of Public Health and Environment)
11. The facility shall be operated in a manner which controls odor. Odors detected off-site shall not
equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation
2 of the Colorado Air Pollution Control Regulations. (Department of Public Health and
Environment)
12. The facility shall be operated in a manner to control fugitive dust at all times. The facility operator
shall implement the plan for controlling fugitive dust, as approved by the Weld County
Department of Public Health and Environment. Any changes or updates to the plan for controlling
fugitive dust shall be made by the facility operator when required in writing by representatives of
Weld County. A copy of any request for change shall be forwarded to the Department of Planning
Services' staff for review according to Development Standard 30. (Department of Public Health
and Environment)
13. The Special Review Permit site and facility shall be operated in compliance with any required air
emissions permit approved by the Air Pollution Control Division of the Colorado Department of
Public Health and Environment. (Department of Public Health and Environment)
14. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as
measured according to Section 25-12-102, Colorado Revised Statutes. (Department of Public
Health and Environment)
15. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to On-site
Wastewater Treatment Systems. (Department of Public Health and Environment)
16. The owner and/or facility operator shall comply with the road maintenance and improvements
agreement, approved by the Board of County Commissioners.
MUSR15-0002—Waste Management
Page 9 of 12
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing private water supply. (Department of Public Health and
Environment)
18. Two metal signs shall be posted at the customer entrance. The first sign shall state: "ALL
UNCOVERED LOADS SHALL BE CHARGED TWICE THE NORMAL FEE". The second sign
shall state: "ABSOLUTELY NO HAZARDOUS OR RADIOACTIVE WASTE, SEPTAGE, OR
LIQUID SLUDGE ACCEPTED."
19. The facility operator shall keep the following records at the facility to be available for County and
State review at any reasonable time:
a. Inspection reports completed by the Weld County Department of Public Health and
Environment.
b. Results of wind, landfill gas, and water quality monitoring.
c. Soil liner certification report.
d. Any special waste accepted at the facility. (Department of Public Health and
Environment)
20. All phases of the operation must conform to 30-20-101, Colorado Revised Statutes and
regulations promulgated thereunder, as amended, for Solid Waste Disposal Sites and Facilities,
and Subtitle D of the Resource Conservation and Recovery Act. (Department of Public Health
and Environment)
21. There shall be discharge of wastes into any stream, other bodies of water, or adjacent drainage
systems without obtaining a National Pollutant Discharge Elimination System Permit from the
Colorado Department of Public Health and Environment. This Development Standard shall be
deemed satisfied as determined by the Colorado Department of Public Health and Environment.
(Department of Public Health and Environment)
22. If during excavation, ongoing activities, and monitoring of the site information is revealed that
changes and currently held concept of the site, the Colorado Department of Public Health and
Environment, Waste Management Division, and/or the Weld County Department of Public Health
and Environment, may request modifications to the design, operations, and monitoring program.
Regulatory changes that the Waste Management Division and/or the Weld County Environmental
Protection Services Division may implement in the future may also become binding and
necessitate modifications to the design and operations plan. (Department of Public Health and
Environment)
23. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. As employees or contractors are on site for less than 2 consecutive
hours a day portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review
by the Weld County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of
Public Health and Environment)
24. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning
Services— Engineer)
25. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services—Engineer)
MUSR15-0002—Waste Management
Page 10 of 12
26. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services—Engineer)
27. The right-of-way or easement shall be graded and drained to provide an all-weather access.
(Department of Planning Services— Engineer)
28. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The
applicant is responsible for mitigation of any offsite tracking and upgrading and/or maintaining
onsite tracking control devices. (Department of Planning Services— Engineer)
29. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
30. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices.
31. Building permit(s) maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2011 National Electrical Code; A building permit application must be completed
and two complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A geotechnical engineering report performed
by a registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
32. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
33. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
34. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
35. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
MUSR15-0002—Waste Management
Page 11 of 12
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
MUSR15-0002—Waste Management
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