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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
U S R 15-0048
Pawnee Waste LLC, c/o Jane Witheridge, 3003 E. Harmony Road, Fort Collins CO
Pam Hora, Tetra Tech IMR, 1900 S. Sunset Street, Longmont, CO 80501
Hearing Date: September 6, 2016
A Site Specific Development Plan and Use by Special Review Permit for a Solid Waste
Disposal Site and Facility (A Designated Commercial Exploration and Production
Waste Management Facility that will receive exploration wastes which are Non -
Hazardous and may contain very low concentrations of naturally occurring radioactive
materials (NORM) and technically enhanced naturally occurring radioactive materials
(TENORM)), pursuant to Colorado State Statute and as defined and regulated by
Colorado Department of Public Health and Environment and obtain a Certificate of
Designation, pursuant to Section 30-20-104, C.R.S., in the A (Agricultural) Zone District
NE4/ E2NW4 of Section 13, T10N, R61W of the 6th P.M., Weld County, CO
Location: Located South of and adjacent to County Road 118 Section Line; Approximately 1320
feet East of County Road 95
Size of Parcel: +/- 240 acres Parcel No. 0291-13-1-00-013
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:
vvvv:' :
Weld County Department of Public Works, referral dated July 1, 2016
Town of Grover, referral dated July 14, 2016
Colorado Department of Public Health and Environment, referral dated June 14, 2016
Weld County Department of Public Health & Environment, referral dated July 14 & August 25, 2016
Weld County Department of Planning Services - Engineer, referral dated July 16, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Sheriff's Office, referral dated June 17, 2016
Y Weld County Zoning Compliance, referral dated June 21, 2016
Y State of Colorado, Division of Water Resources, referral dated July 5, 2016 and July 11, 2016
Y West Greeley Soil Conservation District, referral dated July 11, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
Y Weld County Office of Emergency Y Colorado Oil and Gas Conservation
Management Commission
➢ Colorado Parks and Wildlife Y Pawnee Fire Protection District
USR15-0048, Pawnee Waste LLC, Page 1 of 13
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
U S R 15-0048
Pawnee Waste LLC, c/o Jane Witheridge, 3003 E. Harmony Road, Fort Collins CO
Pam Flora, Tetra Tech IMR, 1900 S. Sunset Street, Longmont, CO 80501
Hearing Date: September 6, 2016
A Site Specific Development Plan and Use by Special Review Permit for a Solid Waste
Disposal Site and Facility (A Designated Commercial Exploration and Production
Waste Management Facility that will receive exploration wastes which are Non -
Hazardous and may contain very low concentrations of naturally occurring radioactive
materials (NORM) and technically enhanced naturally occurring radioactive materials
(TENORM)), pursuant to Colorado State Statute and as defined and regulated by
Colorado Department of Public Health and Environment and obtain a Certificate of
Designation, pursuant to Section 30-20-104, C.R.S., in the A (Agricultural) Zone District
NE4/ E2NW4 of Section 13, T10N, R61W of the 6th P.M., Weld County, CO
Located South of and adjacent to County Road 118 Section Line; Approximately 1320
feet East of County Road 95
Size of Parcel: +/- 240 acres
Case Summary:
Parcel No. 0291-13-1-00-013
Pawnee Waste LLC 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. The facility will be accessed via an extension of County Road 118,
beginning at County Road 95 extending east to the site entrance.
Pawnee Waste is proposing to construct and operate a state-of-the-art solid waste management
facility that will receive exploration and production wastes which are non -hazardous and may contain
very low concentrations of NORM and TENORM, as defined and regulated by 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 has
been developed to ensure that only wastes approved by the County and CDPHE will be received by
Pawnee.
In accordance with the waste acceptance plan, loads received by Pawnee for disposal will be pre-
screened to ensure the wastes comply with applicable regulations and approvals. 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 Waste will follow.
USR15-0048, Pawnee Waste LLC, Page 2 of 13
Customers will be responsible for delivering acceptable 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 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.
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.
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 Waste is developing the Facility Emergency Action Plan with Weld County and 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 DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-4-140.A. EP.Goal 1.states "Encourage the minimization of mineral resource
exploration and production waste and require the safe disposal of it;" and EP.Policy
1.1.states "Due to the impacts from surface impoundments and increasing public concern
about them, other alternatives for disposal should be considered."
The facility will utilize a multiple liner system, and a solidification process in order to
ensure only wastes without free liquids are landfilled. The facility will establish multiple
strategically located monitoring wells and has developed a detailed waste acceptance
plan to ensure that only wastes approved by the County and CDPHE will be received.
The proposed facility is adjacent to an existing Class II Brinewater disposal facility.
Section 22-4-140.B of the Weld County Code states EP.Goal 2. Mineral resource
exploration and production waste facilities should be planned, located, designed and
operated to encourage compatibility with surrounding land uses in terms of items such as
general use, scale, height, traffic, dust, noise and visual pollution.
USR15-0048, Pawnee Waste LLC, Page 3 of 13
The proposed facility is located in a rural area without residential development and is
adjacent to an existing Class II Brinewater Disposal, Water Recycling and a Truck Tanker
Washout Facility (NGL Water Solutions, DJ, C-9 Facility - USR14-0070).
Section 22-4-140.B EP.Policy 2.1. of the Weld County Code states: In reviewing the
operational and reclamation plans for solid and brine waste disposal facilities, the
County should impose such conditions as necessary to minimize or eliminate the
potential adverse impact of the operation on surrounding properties and wildlife
resources.
Development standards regulating noise and regulating the disposal of waste are
included. Colorado Parks and Wildlife did not return a referral indicating a conflict with
their interests.
Section 22-4-140 EP.Policy 2.2. of the Weld County Code states: All applicable land
use applications will be reviewed by the Department of Public Health and Environment for
compatibility with federal, state and County statutes, regulations and ordinances.
The application has been reviewed and conditionally approved by both the Colorado
Department of Public Health and Environment and Weld County Department of Public
Health and Environment.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-40.1 of the Weld County Code provides for Solid Waste Disposal Sites and
Facilities or hazardous waste disposal sites and Section 23-4-380.B, Pawnee Waste LLC
has provided evidence of a need for this type of project in Weld County and in the A
(Agricultural) Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
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. Immediately to the west is a
water loadout facility permitted under USR-1787 and amended under USR12-0077 for a
water recycling and a water supply & storage upload facility and truck tanker washout
facility and adjacent to this facility is the NGL Water Solutions DJ, LLC Class II Oilfield
Waste Disposal Facility - Saltwater Injection Facility, Water Recycling and a Truck Tanker
Washout Facility (USR14-0070). Approximately 1 mile to the west from the intersection
of County Road 95 and CR 118, on County Road 118, is an oil and gas support and
service facility (commercial water depot) permitted via USR11-0019.
On June 2, 2016 the applicant's held an open house style community meeting at the
Pawnee Fire Protection District Fire Station in Grover. Eight community members
attended the meeting primarily to obtain more information about the proposed facility.
Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
USR15-0048, Pawnee Waste LLC, Page 4 of 13
The site is located within the three (3) mile referral area of the Town of Grover. The
Town in their referral comments, dated July 14, 2016 indicated that they have concerns
regarding the area roads due to increases in truck traffic into and out of the facility which
causes additional wear and tear and dust related conditions on County Road 390 as well
as Town of Grover roads. There was also concerns regarding contamination of the Town
water supply. Finally the Town requested assurances that an emergency action plan was
in place prior to any type of hazardous event.
The Department of Public Works will require an Improvements Agreement and road
maintenance agreement for this site. Road maintenance including dust control, damage
repair, and triggers for improvements will be included. The Colorado State Engineers
Office has approved a commercial well for the commercial non -hazardous oil and gas
waste landfill. The depth of the well will be 150 feet which corresponds to the base of the
White River aquifer. Development Standards also address health safety issues including
that the facility shall be operated in a manner which protects against surface and
groundwater contamination and the facility is required to operate in accordance with the
approved Engineering Design and Operations Plan.
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on a parcel approximately 240 acres in area and within
this parcel a 74 acre area will be utilized for the Pawnee Waste Facility. The soil type is
Prime if They Become Irrigated per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation 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:
Prior to recording the map:
An Improvements Agreement and road maintenance agreement is required for this site.
Road maintenance including dust control, damage repair, and triggers for improvements
will be included. (Department of Public Works)
USR15-0048, Pawnee Waste LLC, Page 5 of 13
B. An accepted Final Drainage Report and Certificate of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of
Planning Services - Engineer)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0048. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscape treatment as set forth in the EDOP.
(Department of Planning Services)
All signs shall be shown on the map and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
7. County Road 95 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
8. County Road 118 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
9. The County Road 118 Section Line is estimated to have 60 feet of unmaintained
section line right-of-way per the Weld County GIS right-of-way map. The applicant
shall delineate the existing right-of-way on the site plan. All setbacks shall be
measured from the edge of right-of-way. (Department of Public Works)
10. Show the approved access on the map and label with the approved access permit
number AP15-00123. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
12. Show and label the entrance gate set back a minimum of 100ft from edge of
shoulder. (Department of Public Works)
13. Show and label the section line Right -of -Way as "CR 118 Section Line Right of Way,
not County maintained" (Department of Public Works)
14. Show and label the accepted drainage features and drainage flow arrows. Water
quality features or stormwater ponds should be labeled as "Water Quality
USR15-0048, Pawnee Waste LLC, Page 6 of 13
Feature/Stormwater Detention, No -Build or Storage Area" and shall include the
calculated volume. (Department of Planning Services -Engineer)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
2. 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 map 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 the Department of Planning
Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
5. 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. (Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed. (Department of Public
Works)
6. Prior to Operation:
A. Thirty (30) percent construction drawings for the paving of CR 112 and CR 95 from the
intersection of CR 390 and CR 112 to the intersection of CR 118 and CR 95 are required
prior to operation. (Department of Public Works)
B. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be
installed according to the Weld County Onsite Wastewater Treatment System Regulations.
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Onsite Wastewater Treatment System Regulations.
(Department of Public Health and Environment)
USR15-0048, Pawnee Waste LLC, Page 7 of 13
8. 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 map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR15-0048, Pawnee Waste LLC, Page 8 of 13
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pawnee Waste LLC
U SR15-0048
1. A Site Specific Development Plan and Use by Special Review Permit for a Solid Waste Disposal Site
and Facility (A Designated Commercial Exploration and Production Waste Management Facility that
will receive exploration wastes which are Non -Hazardous and may contain very low concentrations of
naturally occurring radioactive materials (NORM) and technically enhanced naturally occurring
radioactive materials (TENORM)), pursuant to Colorado State Statute and as defined and regulated
by Colorado Department of Public Health and Environment and obtain a Certificate of Designation,
pursuant to Section 30-20-104, C.R.S., in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, 365 days a year. (Department of Planning Services)
4. The number of on -site employees shall be ten (10). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping on the site shall be maintained. (Department of Planning Services)
8. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
9. The facility shall operate in accordance with the approved Engineering Design and Operations Plan
(EDOP). Modifications to the Engineering Design and Operations Plan may be required due to
deviations from the approved use at the facility and/or regulatory changes. If such changes occur,
approval of the modification will be required from the Hazardous Materials and Waste Management
Division of the Colorado Department of Public Health and Environment and WCDPHE. Changes to
the EDOP may require an amendment to the USR. (Department of Public Health and Environment)
10. Operations will not extend past Certificate of Designation boundaries of the property. (Department of
Public Health and Environment)
11. The facility shall adhere to the requirements set forth in the Certificate of Designation. The Conditions
of Approval and Development Standards set forth for USR15-0048 shall be incorporated and adhered
to under the Certificate of Designation. (Department of Public Health and Environment)
12. The facility shall submit evidence to the Weld County Department of Public Health and Environment
that financial assurance has been obtained in accordance with CDPHE regulations pertaining to solid
waste sites and facilities. (Department of Public Health and Environment)
13. The facility shall receive and manage only those materials that are described in the approved EDOP
and materials approved in accordance with the Waste Identification Plan included in the EDOP.
(Department of Public Health and Environment)
USR15-0048, Pawnee Waste LLC, Page 9 of 13
14. All waste received at the facility shall be screened to ensure appropriate wastes are being disposed
of at the facility. (Department of Public Health and Environment)
15. Should recycling or beneficial use activities occur at the facility, the facility shall operate in
accordance with CDPHE regulations pertaining to recycling or beneficial uses at solid waste sites and
facilities. (Department of Public Health and Environment)
16. The facility shall be operated in a manner which protects against surface and groundwater
contamination. (Department of Public Health and Environment)
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with the approved EDOP and with Chapter 14, Article 1 of the Weld
County Code, at all times. (Department of Public Health and Environment)
18. Fugitive dust shall attempt to be confined on the property. Uses on the property shall comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
19. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site. (Department of Public Health
and Environment)
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
21. All stormwater, which has come into contact with waste materials on the site, shall be confined on the
site in accordance with the approved EDOP. (Department of Public Health and Environment)
22. Any tanks used onsite shall comply with the provisions of the State Underground and Above Ground
Storage Tank Regulations. (Department of Public Health and Environment)
23. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
24. All potentially hazardous chemicals used on -site must be handled in a safe manner in accordance
with product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
25. Any reportable spills will be reported and documented in accordance with all state and federal
regulations and records will be kept onsite for WCDHPE review upon request. (Department of Public
Health and Environment)
26. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will comply
with the Closure Plan outlined in the approved EDOP. Documentation of closure activities will be
provided to WCDPHE. (Department of Public Health and Environment)
27. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by
the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
USR15-0048, Pawnee Waste LLC, Page 10 of 13
28. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
29. In the event the facility's water system serves more 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). (Department of
Public Health and Environment)
30. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
31. Analytical waste data and environmental monitoring data shall be made available to Weld County
Department of Health and Environment upon request. The Weld County Department of Health and
Environment reserves the right to require additional monitoring and may require an amendment to the
USR. (Department of Public Health and Environment)
32. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
33. 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. (Department of Planning
Services)
34. The property owner shall control noxious weeds on the site. (Department of Public Works)
35. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
36. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
37. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not
be the responsibility of Weld County. (Department of Public Works)
38. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
39. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
40. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) 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 Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
41. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
42. 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.
USR15-0048, Pawnee Waste LLC, Page 11 of 13
43. 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.
44. 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.
45. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
46. 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.
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
USR15-0048, Pawnee Waste LLC, Page 12 of 13
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, sandburs, 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.
USR15-0048, Pawnee Waste LLC, Page 13 of 13
August 15, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
HORA PAM
1900 S SUNSET ST STE 1E
LONGMONT, CO 80501
Subject: USR15-0048 - A Site Specific Development Plan and Use by Special Review Permit for a Solid
Waste Disposal Site and Facility (A Designated Commercial Exploration and Production Waste
Management Facility that will receive exploration wastes which are Non -Hazardous and may contain
very low concentrations of naturally occurring radioactive materials (NORM) and technically enhanced
naturally occurring radioactive materials (TENORM)), as defined and regulated by Colorado Department
of Public Health and Environment and obtain a Certificate of Designation, pursuant to Section
30-28-103.3, C.R.S., in the A(Agricultural) Zone District
On parcel(s) of land described as:
NE4/E2NW4 SECTION 13, T10N, R61W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 6, 2016, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
28, 2016 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanni ngcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.08.15 14:29:30 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
June 17, 2016
HORA PAM
1900 S. SUNSET STREET
Suite 1E
LONGMONT, CO 80501
Subject: USR15-0048 - A DESIGNATED COMMERCIAL EXPLORATION AND PRODUCTION (E&P)
WASTE MANAGEMENT FACILITY THAT WILL RECEIVE EXPLORATION WASTES WHICH ARE
NON -HAZARDOUS AND MAY CONTAIN VERY LOW CONCENTRATIONS OF NORM AND TENORM,
AS DEFINED AND REGULATED BY CDPHE
On parcel(s) of land described as:
NE4/E2NW4 SECTION 13, T10N, R61W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Grover at Phone Number 970-895-2213
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.06.17 08:34:14 -06'00'
Kim Ogle
Planner
FIELD CHECK- USR15-0048
Inspection Date: July 22, 2016 and August 23, 2016
Applicant: Pawnee Waste, LLC
Request: A Site Specific Development Plan and Use by Special Review Permit for a Solid Waste Disposal Site
and Facility (A Designated Commercial Exploration and Production Waste Management Facility that will
receive exploration wastes which are Non -Hazardous and may contain very low concentrations of
naturally occurring radioactive materials (NORM) and technically enhanced naturally occurring
radioactive materials (TENORM)), pursuant to Colorado State Statute and as defined and regulated by
Colorado Department of Public Health and Environment and obtain a Certificate of Designation,
pursuant to Section 30-20-104, C.R.S., in the A (Agricultural) Zone District
Legal: NE4/ E2NW4 of Section 13, T1 ON, R61 W of the 6th P.M., Weld County, CO
Location: Located South of and adjacent to County Road 118 Section Line; approximately 1320 feet East of
County Road 95
Parcel ID #: 0291-13-1-00-013
Acres: 240 +1 -
Zoning
Land Use
N
AGRICULTURE
N
Grazing lands without improvements
E
AGRICULTURE
E
Grazing lands without improvements
S
AGRICULTURE
S
Grasslands Water Depot (USR12-0077) NGL Water
Solutions, DJ Class II Brinewater Disposal
W
AGRICULTURE
W
Grazing lands without improvements
Comments:
The property is very isolated with the nearest residential improvement being 1.5 miles to the west on the
north side of CR 118, and the second nearest residence located on CR 114 approximately 3 miles. To
the south of the proposed site are two facilities one for fresh water and one for the disposal of brinewater.
Activities in and near the proposed facility consist of the grazing of cattle and oilfield development.
County Road 118 is non -maintained Section Line right-of-way and has been fenced by the property
owner and utilized for grazing. There is an overhead power line adjacent to CR 118 east of CR 95 right-
of-way. All roads in the immediate area are graveled and graded. CR 95 heading north for the facility
encounters substantial topography due to a hill whereas CR 118 heading west is level at grade.
No violations identified as the property is vacant and in native grasses.
Signaturg'
❑ Topography adjacent to the north, site is level
Note any commercial business/commercial vehicles that are operating from the site. None.
Hello