HomeMy WebLinkAboutMarana Regional Landfill Specific PlanOperations Plan
:;5 Pima CountyPassive Water Harvesting Techniques
Facility Design
Parkin
Ion.
Permitted Uses Sale of Reeycled Materials Circulation rD
Stormwater Basins Specific Plan Land Use Concept Plan
Arizona Pollution Discharge Elimination System Permit
ei d o Surf ace Water and Evaporation Basins/Retention
o E5 Natural Feature Preservation
Convenient M Marang General Plan
rD
Anspection Areas Solar EnerBuffering , � Energy
Town of Marano - �Solid...Waste
Recycling Operations & Facilities � � cD p
Scale House�20
9 Qn
Develo went Capabilityp
rD Leachate Collection and RemovalSystem Disposal Area
Tasteste Permittin " o Screenin
Sheds and AccessoryStructures
Native Vegetation = Pima County Flood Regulations
• • •InitiativeN Arizona Revised Statutes
Sustainability
Desert Scrub Sppecies
Grandfathered Irrigation Rights rD M c r r � � � � � Wash Protection
Permitted Uses � � � �� �
Location Criteria c-� �, o Circulation = rD �eosynthetic Clay Liner
Natural Open Space �- C'on''� rD Environmental Protection Agency
Design Standards r° Drop-off Bins
rD
Native Plant Protection t- -C-:1Community
Prevent Wildcat Dum in ' c Recyclin
p g �.. Seedin
PhasingrD
Management
Renewable EnergyLiner S stem 1-1 �
y Proposed Improvements CM, Collection
Resource Recovery Area..
S= � �
Federal Regulations yard Waste Com p osting �D 1--Z"-Zcon
� '
rD
Specific Plan privatized Services
o �
Erosion Minimization PIantan
� �-- rD, Landscape Plan
Gas Monitoring Development Re Mations
Developmental Regulations
Promote Conservation and Efficient Use of Services Maintenance and Administration Buildings p g
Indigenous Species Environmental Compliance Access Road Site Analysis
• • � Disposal Area
Solid Waste Disposal Services Accessible Specific Plan Desert
Construction and Demoliti Material Processing and Recycling
p
Site Analyse
`c go Litter Control Disposal Area
b --d - Onlit Control circulation Buffering
Marana
rD
Site Analysis Town of Marana
State Regulations
LightingPrD r t t 1 � Green Building Construction Community Individual Landt'i'llSolid Waste Facility FlanEnvironmental Public Drop off Areas
e onal
Units
Diesel FacilitiesPopulation� � �. growth
Lan
dfill
Arizona Registered Professional Engineer-= U.S. Fish & Wildlife Service
Trico Road
High Density Polyethylene Liner 1*�Z r j j j - -
. � � _� � Solar Energy Wash Preservation
Site Plan �- • •
O=kEast Branch Braw'leyWash
Sp
eci lc Plan
Hydrology
Site Analysis Seeding
Renewable Energy Generahui,
Technical Research Grading and Drainage Plans
Mayor & CounciApprovalLandfill Ga=s Control Facilities Development Plan
Landfill Gas -to -Energy Facilities or Other r�,,�,�„�„.,TO
"llitie5 November 3, 2010
Disposal Operationshas Re enerat�on
�PCZ0009057TriAn l_ _ancz, '�ffc aTHE PLANNINGCENTER
Sustainability Initiative C070
o division of TPC Group, Inc.
MARANA ORDINANCE NO. 2010*11
RELATING TO DEVELOPMENT; APPROVING A REZONING CREATING THE MARANA
REGIONAL LANDFILL SPECIFIC PLAN AND APPROVING A MINOR AMENDMENT TO
THE GENERAL PLAN
WHEREAS H. KAi FAMILY NG1, L.L.C., an Arizona limited liability company (the
"Owner"), owns approximately 5 91.21 acres of property located one mile north of Avra Valley Road,
one mile east of Trico Road, and a half mile south of Silverbell Road within a portion of Section 1,
Township 12 South, Range 10 East, as described on Exhibit "A" attached to and incorporated in this
Ordinance by this reference (the "Rezoning Area"); and
WHEREAS the Owner and DKL Holdings, Inc., a Delaware corporation, and their successors
in interest to the Rezoning Area are together collectively referred to in this Ordinance as the
"Developer"; and
WHEREAS the Developer seeks approval of a rezoning of the Rezoning Area (this
"Rezoning") for the purpose of developing a municipal solid waste landfill referred to in this
Ordinance as the Marana Regional Landfill; and
WHEREAS this Rezoning requires a minor amendment to the Marana General Plan, which
the Town Council finds to be in the best interests of the Town; and
WHEREAS the Marana Planning Commission held a public hearing on February 24, 2010,
and recommended by a vote of three in favor and two opposed (Commissioners Jeffrey Adragna and
Michael Wiles dissenting and Vice Chair Marcia Jakab and Commissioner Tina Le Page -Wood
absent) that the Town Council approve this rezoning; and
WHEREAS the Town Council heard from representatives of the Developer, staff, and
members of the public at regular Town Council meetings held July 20, August 17, and November 3,
2010; and
WHEREAS the Town Council voted at its November 3, 2010 meeting to approve the
rezoning and its associated minor amendment to the Marana General Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA, as follows:
SECTION 1. A minor amendment to the General Plan is hereby approved, changing the
General Plan designation of the Rezoning Area from Rural Density Residential (RDR) to Master
Plan Area (MPA).
SECTION 2. The zoning of the Rezoning Area is hereby changed from `RD -180' (Rural
Development - minimum lot size of 180,000 square feet) to `F' Specific Plan, and creating and
applying the Marana Regional Landfill Specific Plan to the Rezoning Area.
Marana Ordinance No. 2010.11 - I - 10/27/2010 3 :4Q PM
SECTION 3. This Rezoning is subject to the following conditions, the violation of which
shall be treated in the same manner as a violation of the Town of Marana Land Development Code
(but which shall not cause a reversion of this rezoning Ordinance):
1. Compliance with all provisions of Town codes and ordinances, and policies of the General Plan
current at the time of development, including but not limited to requirements for public
improvements.
2. The Marana Regional Landfill shall be developed in accordance with all local, state, and federal
regulations and requirements for solid waste disposal, groundwater protection, site drainage,
vector control, and site reclamation and revegetation.
3. The Marana Regional Landfill shall be used only for the final disposal of non -hazardous solid
waste in accordance with federal and Arizona state law and the terms of any governmental
authorizations applicable to the project or the property.
4. All Arizona Department of Environmental Quality (ADEQ) requirements must be achieved and
appropriate permits obtained including, but not limited to: approval of a solid waste facility plan;
aquifer protection permit; 404 permit; financial assurance demonstration; and, Arizona pollutant
discharge system (AZPDES) multi -sector general permit with a storm water pollution prevention
plan for construction activities and landfill operations.
5. All Arizona Department of Water Resources (ADWR) requirements must be achieved and
appropriate permits obtained including, but not limited to: groundwater industrial use permit and
drilling permits for monitoring wells.
6. All Pima County Department of Environmental Quality (PDEQ) requirements must be achieved
and appropriate permits obtained including, but not limited to: Title V Air Permit; general
aquifer protection permit for septic tanks; and one or more right-of-way permits must be obtained
from Pima County for work within the portions of Avra Valley Road located in unincorporated
Pima County.
7. The Developer shall provide financial assurances pursuant to the requirements of the Arizona
Department of Environmental Quality (ADEQ) that include mechanisms for corrective action,
facility closure, and post -closure care.
S. The Developer will be required to process a development plan, landscape plan, native plant
permit, and all associated improvement plans through the Town of Marana.
9. The Developer shall secure all permits required by the Town of Marana including, but not
limited to: floodplain use permit; grading permit; building permits for on-site structures; and,
right-of-way permits for work within the portions of Avra Valley Road located within the town
limits of Marana.
10. The Marana Regional Landfill shall be designed to withstand the 500 -year flood event.
11. A traffic impact study must be accepted by the Town of Marana Traffic Engineering Division
prior to approval of the development plan. The developer shall be responsible for the design and
construction of any transportation improvements determined to be necessary by staff based upon
the findings of the study.
12. Prior to the Town's approval of the development plan, the Developer shall submit to the Town a
structural analysis report for the bridge on Avra Valley Road over the east branch of the Brawley
Wash. The Developer shall be responsible for the design and construction of any improvements
to the bridge determined to be necessary by staff based upon the findings of the report.
13. Prior to the Town's approval of the development plan, the Developer shall submit to the Town a
geotechnical analysis report for the pavement conditions on Avra Valley Road between I-10 and
Trico Road. The Developer shall be responsible for any pavement improvements determined to
Marana Ordinance No. 2010.11 - 2 - 10/27/2410 3:40 PM
be necessary by staff on said segment of Avra Valley Road based upon the findings of the report.
14. There shall be no access provided to the Rezoning Area from West Silverbell Road.
15. The Rezoning Area shall not be served by or connected to a rail spur.
16. No waste shall be accepted at the Manana Regional Landfill which has, to the knowledge of the
Developer, been transported by rail.
17. Cultural resource clearance is required prior to the issuance of a grading permit.
18. A burrowing owl survey shall be completed by a qualified biologist no more than 30 days prior to
any ground disturbing activities.
19. Developer understands and acknowledges that the Town of Manana will not be the designated
water provider and will not provide an assured water supply or water service to the Rezoning
Area unless and until, at a minimum, the then -owner of the Rezoning Area transfers to Manana,
by the appropriate Arizona Department of Water Resources form, any Irrigation Grandfathered
Rights or Type INon-Irrigation Grandfathered Rights appurtenant to the land.
20. Before a certificate of occupancy is issued for any structures on the Rezoning Area, the
Developer shall have completed or shall provide evidence to the Town's satisfaction that the
Developer has made a diligent effort to complete the process of having the property annexed into
a fire district or otherwise provide for fire protection.
21. All structures proposed to be constructed within the Rezoning Area shall require evaluation by
the appropriate fire district for the inclusion of an automatic fire sprinkler system at the time of
building permit application.
22. The ultimate elevation of the Manana Regional Landfill after closure and capping shall not
exceed an elevation of 2,145 feet above mean sea level (165 feet above existing surface grade).
23. Within sixty (60) days of receiving final entitlements by ADEQ, the Developer shall offer each
of the owners of property containing each of the five (5) domestic water wells registered within
two (2) miles down gradient from the Rezoning Area two (2) quarterly water samples over a six
(6) month period in order to obtain a statistically valid background determination of the quality
of water in each well. The Developer shall provide sampling results to the property owners or
occupants. The wells will be sampled under parameters deemed as standard for drinking water by
ADEQ.
24. The Developer shall keep the Rezoning Area in a neat, clean, and sanitary condition, and work
with the adjacent property owners to manage litter resulting from landfill operations during the
operation life of the Manana Regional Landfill. The Developer shall submit a litter control plan
to the Town of Manana for review and acceptance prior to the opening date of the landfill.
25. The Developer shall immediately begin coordination with the Federal Aviation Administration
(FAA) to ensure that no conditions may result in a status of non-compliance with respect to
applicable grant assurances at the Manana Regional Airport. Federal Form 7460 shall be filed
with the FAA to initiate the coordination process. Evidence of the initiation of this process must
be submitted to the Town of Manana with the first submittal of a development plan.
26. A mitigation plan shall be prepared that demonstrates that the proposed Manana Regional
Landfill will not be a wildlife attractant hazard to the Manana Regional Airport pursuant to the
Code of Federal Regulations (40 CFR 258).
27. During the development review process, the Developer shall submit a plan to the Town that
addresses the use of back-up alarms or warning devices on the commercial vehicles operating at
the Manana Regional Landfill site. The Town shall have the final authority to determine
acceptability of all such devices as well as the allowable hours of use.
28. No approval, permit or authorization by the Town of Manana authorizes violation of any federal
Manana Ordinance No. 2414.11 -3 - 10/27/2010 3:44 PM
or state law or regulation or relieves the Developer from responsibility to ensure compliance with
all applicable federal and state laws and regulations, including the Endangered Species Act and
the Clean Water Act. Appropriate experts should be retained and appropriate federal and state
agencies should be consulted to determine any action necessary to assure compliance with
applicable laws and regulations.
29. No lot split of any kind is allowed within the Rezoning Area without the written consent of the
Town of Marana.
SECTION 4. This Ordinance shall not be effective until the Town files with the county
recorder an instrument (in a form acceptable to the Town Attorney), executed by the Owner and any
other party having any title interest in the Rezoning Area, that waives any potential claims against the
Town under the Arizona Property Rights Protection Act (A.R. S. § 12-1131 et seq., and specifically
A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a
result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within
90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no
force and effect.
SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Marana Town Council in conflict with the provisions of this Ordinance are
hereby repealed, effective as of the effective date of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 3rd day of November, 2010.
Mayor Ed Hohea
ATTEST: 1���1I 1!�**
,%N OF
ava
Im 40W
ocelyn ronson, Town Clerk
V
Maram ordinance No. 2010.11 - 4 - 10/27/2010 3:40 PM
0'aft
All that certain real property situate in the County of Pima, State of Arizona,
described in docket 13705 at Page 2454 thereof, records of said Pima County,
as Section 1, except Government Lot 4 as shown on the General Land office
Plat of Township 12 South, Range 10 East, Gila and Salt River Meridian,
officially filed May 26,1924;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at the southeast corner of said Section 1, common with the southeast corner of said parcel described in Docket
13705, Page 2054 (hereinafter referred to as `record parcel'), marked by an aluminum capped rebar, RLS 29873;
Thence from said POINT OF BEGINNING, westerly along the south line of said Section 1, common with the south line of
said `record parcel', S 890 24' 30" W, 5265.55 feet to a bent General Land Office pipe marked by an aluminum capped rebar,
RLS 26932 at the southwest corner thereof;
Thence leaving said southwest corner, northerly along the west line of the southwest quarter of said Section 1, common the west
line of said `record parcel', N 000 23' 54" W, 2644,71 feet to the northwest corner thereof (west quarter corner, Section 1), marked
by a General Land Office brass capped pipe;
Thence leaving said northwest corner, northerly along the west line of the southwest quarter of the northwest quarter of said
Section 1, N 000 31" 26" W, 1319.30 feet to the northwest comer thereof, common with the southwest corner of said Government
Lot 4, marked by an aluminum capped rebar, RLS 26932;
Thence leaving said common corner, easterly along the south line of said Lot 4, common with the boundary of said `record parcel',
N 890 24' 52" E, 1317.91 feet to the southeast comer thereof, marked by an aluminum capped rebar, RLS 26932;
Thence leaving said southeast corner, northerly along the east line of said Lot 4, common with the boundary of said 'record
parcel', N 000 28' 52" W, 1227.78 feet to the northeast comer thereof, marked by an aluminum capped rebar, RLS 26932;
Thence leaving said northeast comer, easterly along the north line of said Section 1, common with the north line of said `record
parcel', N 890 33" 12" E, 3956.48 feet to the northeast corner thereof, marked by a General Land Office brass capped pipe;
Thence leaving said northeast comer, southerly along the east line of said Section 1, common with the east line of said `record
parcel', S 000 21'07" E, 5177.66 feet to the POINT OF BEGINNING of Exhibit A herein described;
Containing 589.885 ACRES of land (more or less)
Subject to and together with all matters of public record
Basis of Bearing.
The bearings shown on this description
are based on Geodetic North using the
data provided by the National Geodetic
Survey for stations AF 14, Center and
NN86 on NAD 83 datum that produced
a measured scale factor of .99994523.
MARANA ORDINANCE NO.2010.08
RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE
TOWN OF MARANA THAT TERRITORY KNOWN AS THE AVRA VALLEY ROAD-KAI
ANNEXATION BEING AN AREA CONTAINING APPROXIMATELY 1,200 ACRES OF LAND
LOCATED PREDOMINANTLY NORTH OF AVRA VALLEY ROAD, APPROXIMATELY ONE
MILE EAST OF TRICO ROAD AND SOUTHWEST OF SILVERBELL ROAD INCLUDING THE
ADJACENT RIGHTS-OF-WAY OF AVRA VALLEY ROAD
WHEREAS, petitions, in writing, accompanied by a map or plot of said real property sought
to be annexed have =been filed and presented to the Mayor and Council of the Town of Marana,
Arizona, signed by the owners of more than fifty percent of the value of the real and personal
property and more than fifty percent of the persons owning real and personal property that would be
subject to taxation by the Town of Marana as shown by the last assessment of said property, said
property being contiguous to the Town of Marana, and not now embraced Within its limits, asking
that the property be annexed into the Town of Marana, and to extend and increase the corporate
limits of the Town of Marana so as to embrace same; and
WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the
annexation petitions and extend and increase the corporate limits of the Town of Marana to include
said territory, which is approximately 1,200 acres generally located predominantly north of Avra
Valley Road, approximately one -mile east of Trico Road and southwest of Silverbell Road,
described and illustrated in Exhibit "A", attached to and incorporated in this Ordinance by this
reference; and
WHEREAS., the Avra Valley Road -Kai annexation is an area within Sections 7 and 8 of
Township 12 South, Range I 1 East and Sections 1, 12 and 13 of Township 12 South, Range 10
East, of the Gila and Salt River Base and Meridian, Pima County, Arizona; and
WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries
of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times
an accurate map of the territory desired to be annexed; and
WHEREAS, no alterations increasing or reducing the territory sought to be annexed have
been made after the petition was signed by any owner of real and personal property in such territory;
and
WHEREAS, the zoning classifications on the property prior to annexation were "Pima
County zone RH" (Rural Homestead); and
WHEREAS, in order to establish original Town of Marana zoning without permitting
densities or uses that are greater than those permitted in Pima County, the properties will translate to
the RD -180 zone (Single Family Residential) in the Town of Marana's Land Development Code; and
Marana Ordinance 2010.08 1
WHEREAS, the provisions of A.R.S. § 9-471, and amendments thereto, have been fully
observed; and
WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on
file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of
the original petition referred to herein, which is on file in the office of the County Recorder.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona that:
'110' The territory known as the. Avra Valley- Road -Kai annexation, described and
illustrated in Exhibit "A", is annexed into the Town of Marana and that the present
corporate limits are extended and increased to include the described area.
2. A copy of this Ordinance, including Exhibit "A" describing and illustrating the
territory hereby annexed to the Town of Marana, certified by the Mayor of the Town,
shall be forthwith filed and recorded in the office of the County Recorder of Pima
County, Arizona.
3. The zoning classification of "Pima County Zone RH" (Rural Homestead) within the
annexed area is hereby changed to "Town of Marana Zone RD -180" (Single Family
Residential).
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of May, 2010.
111111
OF
i
ag ORPORArE
WE
SEAj,
WISM
WE
ATTEST 79/z A
Jft►►��
JOC
'ej Bronson Town Clerk
Marana ordinance 2010.08 2
Mayor d 11unea
APPROVED AS TO FORM:
M
1.. 171- LU] LM_.1
All that certain real property situate in the County of Pima, State of Arizona, located in
Sections 7 and 18 of . Township 12 South, Range 11 East, and Sections 1, 12 and 13 of
Township 12 South, Range 10 East Gila and Salt River Meridian;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at. the northeast comer of the south half of said Section 7, marked by 2 -inch diameter open pipe;
Thence from said POINT OF BEGINNING, southerly along the east line of the south half of said Section T
S 000.24' 25" E, 2644.78 feet to the southeast comer thereof;
Thence leaving said southeast corner, southerly along the east line of the northeast quarter of said Section 18,
S 00'0 35' 13"' E, 40.00 feet to a point on the south right -of -gray line of AVRA VALLEY ROAD, described
in Book B of Road traps at Page 53 thereof, records of said Pima County, marked by an aluminum capped
rebar bearing registration number RLS 28932;
.Page I of 3
March 9, 2010
Exhibit A (continued)
`hence leaving said east line, westerly along the south right-of-way line of said AVRA VALLEY ROAD,
S 390 24' 03" V, 3953.14 feet to the northeast comer of the widening of said right-of-way, described in
Docket 5517 at Page 1030 thereof, records of said Rima County, on the east line of Government Lot 1,
marked by an aluminum capped rebar bearing registration number RLS 26932;
Thence leaving said northeast corner, southerly along the east line of said Lot 1, S 00137' 39" E, 25.00 feet to the
southeast corner of said recorded widening, marked by an aluminum capped rebar bearing registration
number RLS 26932;
Thence. leaving said southeast corner, westerly along the south line of said recorded widening, S 390 24'24 W,
1427.41 feet to a point of curve, marked by an aluminum Gapped rebar bearing registration number
.RLS 20932;
Thence leaving said point of curve, westerly along the arc of a tangent curve to the left, having radius of 1357.270
feet and a central angle of 190 39' 53"3 409.27 feet to the southwest corner of said recorded widening on the
west line of said Lot 1, marked by an aluminum capped rebar bearing registration number RLS 20932;
Thence leaving southwest corner, southerly along the west line of said Lot 1, common with the east line of the
southeast quarter of said Section 12, S 000 27' 04" E, 453.50 feet to the southeast corner thereof, marked by
an a 3 -inch diameter capped pipe;
Thence leaving the southeast corner of said Section 12, westerly along the south line of the southeast quarter
thereof, S 390 221 51" W, 330.15 feet to a point on the south right-of-way line of said AURA VALLEY ROAD,
marked by an aluminum capped rebar bearing registration number RLS 26932;
Thence leaving said south line, westerly along the south right-of-way line of said AVRA VALLEY ROAD on the arc
of a non -tangent curve to the right, from which said point, the radius point thereof bears northwesterly,
N 190 35' 33" W 1472.23. feet. d istant, through a central angle of 1311 58' 22"x 437.52 feet to a point of
tangency, marked by an aluminum capped rebar bearing registration number RLS 25932;
Thence. leaving said point of tangency, westerly along the south line of said AVRA VALLEY ROAD,
S 390 22' 51" WI 374.90 feet to a point thereon, marked by an aluminum capped rebar bearing
registration number RLS 20932;
Thence leaving said south right-of-way line, northerly and perpendicular, N 000 37'09" W, 30.00 feet to a point on the
north right-of-way line of said AVRA VALLEY ROAD, marked by a #4 rebar with registration tag RLS 31025;
Whence leaving said north right-of-way line, northerly, N 001 22' 45" W, 5279.23 feet to point on the south line of said
Section 1, marked by an aluminum capped rebar bearing registration number RLS 25932;
Thence westerly along the south line of said Section 1, S 391D 24' 30" W, 3225.79 feet to the southwest corner
thereof, marked by an aluminum capped rebar bearing registration number RLS 25932;
Thence leaving said southwest corner, northerly along the west line of the southwest quarter of said Section 1,
N 000 23' 54" W, 2640.71 feet to the northwest corner thereof (west quarter comer), marked by a General
Land Office brass capped pipe;
Thence leaving said west quarter corner, northerly along the west line of the northwest quarter of said Section 1,
N 000 31.26" W, 1319.39 feet to the southwest corner of Government Lot 4, marked by an aluminum capped
rebar bearing registration number RLS 7599;
Page 2 of 3
March 9, 2010
Exhibit A (continued)
Thence leaving said southwest corner, easterly along the south line of said Government Lot 1, N 391 24' 52" E,
1 31 7.91 feet to the southeast corner thereof, marked by an aluminum capped rebar bearing registration.
number RLS 26932;
Whence leaving said southeast corner, northerly along the east line of said Government Lot 1, N 00128' 52" W.
1227.78 feet to the northeast corner thereof, marked by an aluminum capped rebar bearing registration
number RLS 26932;
Thence leaving said northeast corner, easterly along the north line of said Section 1, N 890 33' 12" E, 3956.49 feet
to the northeast corner thereof, marked by a General Land Office brass capped pipe;
Thence leaving said northeast corner, southerly along the east line of said Section 1, S 000 21' 07" E, 5177.66 feet
to the southeast corner thereof on the west line of Government Lot 1 of said Section 7, marked by an
aluminum capped rebar bearing registration number RLS 29373;
Thence leaving said southeast corner, southerly along the east line of the northeast quarter of said Section 12,
common with the west line of said Lot 1 and Government Lot 2 of said Section 7, S 000 18' 26" E,
2925.92 feet to the southwest comer of said Lot 2 (west quarter comer of said Section 7), marked by an
aluminum capped rebar bearing registration number RLS 26932;
`Whence leaving said west quarter corner, easterly along the north line of the south half of said Section 7,
N 390 23'47" E, 5353.77 feet to the POINT OF BEGINNING of Exhibit A herein described;
Containing . 1,200.82 ACRES of land (snore or less)
Subject to and together with all matters of public record
Basis of Bearings and distances:
The bearings shown on this description
are based on Geodetic North using data
provided by the National Geodetic
Surrey at stations: AF 14. Center, and
NN86- Datum: LVAD 83. resulting
measured scale factor: 0.99994523
The calls and resultant acreage shown
on this description are based on the
Arizona State Plane coordinate system,
central zone; measured on grid
j1932
,�� 1CA TF
�\
ROBIN E.
SEiTLEMEYER
11�01GNECA
Exinres: March 31. 2011
Page: 3 of 3
Date: March 91, 2010
Project: 4309 HE -1
SETTL.EMEYER LLC
P.O. Box 12612 -Tucson, AZ 85732
Phone (520) 512-0666
Fax (520) 512-1666
su preys@settlerneyer.tuccoxmail.com
MARANA ORDINANCE NO, 20I0,19
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE MARANA REGIONAL LANDFILL DEVELOPMENT AGREEMENT
WHEREAS the Marana Town Council finds that the Marana Regional Landfill
Development Agreement is consistent with the Marana General Plan, applicable specific plans,
and relevant Town policies; and
WHEREAS the Marana Town Council finds that the Marana Regional Landfill
Development Agreement is in the best interest of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Marana Regional Landfill Development Agreement is hereby approved
in the form attached to and incorporated by this reference in this ordinance as Exhibit A.
SECTION 2. The Mayor is hereby authorized and directed to execute the Marana
Regional Landfill Development Agreement for and on behalf of the Town of Marana.
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
PASSED AND ADOPTED BY THE MAYOR AND COUN L OF- THE TOWN OF
MARANA, ARIZONA, this Pday of November, 20 10.
OFA
Mayor EU Ho ea
INS x
r
S- SEAL = ~• � �
ATTEST: vzi,64 10, %'NN
'celyn ronson, Town Clerk
APPROVED AS TO FORM:
10002 1 979.DOC i)
F. ANN RODRIGUE Z , RECORDER
DOCKET:
RECORDED BY: K O
DEPUTY RECORDER
1861 PE -2
of P�
w I i�; a�
PAGE:
NO. OF PAGES:
SEQUENCE:
SMARA
TOWN OF MARANA`
W�
CONSEN
TOWN CLERK{
JRlrZo�'
11555 W CIVIC CENTER DR
MAIL
MARANA AZ 85653
AMOUNT PAID
13931
33
1
20102150006
11/08/2010
48:26
$ 8.00
CONSENT TO CONDITIONS OF REZONING AND WAIVER
OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE
RESULTING FROM TOWN OF MARANA ORDINANCE
NO. 2010.11
H. KAI FAMILY NG 1, L.L.C., an Arizona limited liability company (the "Owner"),
owns the land referred to in this instrument as the "Property," which is particularly
described in Exhibit "A" attached to Marana Ordinance No. 2010.11 (the "Rezoning
Ordinance") and incorporated by this reference in this instrument. The Property is the
subject of Town of Marana rezoning case PCZ -09057, filed on behalf of the Owner.
The Owner hereby agrees and consents to all of the conditions imposed by the
Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in
conjunction with the approval of said Ordinance and waives any right to compensation
for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or
in the future exist as a result of the approval of said Ordinance. The Owner also consents
to the recording of this document in the office of the Pima County Recorder, to give
notice of this instrument and its effects to successors in interest of the Property, who shall
be bound by it.
Dated this Q"4day of November 2010.
H. KAI FAMILY NG 11 L.L.C.,
an Arizona limited liability company
r � +
STATE OF ARIZONA
County of Pima ) SS.
The foregoing instrument was acknowledged before me on November c'2 , 2010,
by Herbert Kai, Manager of H. KAI FAMILY NGL L.L.C., an Arizona limited liability
company, on behalf of the L.L.C.
My commission expires:
N tart' Public
OFFICIAL SEAL �
DOROTHY KESTOL ¢
Notary Public State of Arizona �
PINNA COUNTY
MY Coma. Expire Feb. 14, 2013
••• •a...��..,. , �,,,,�,,'waw4vjvv � Marana Regional Landfill Specific Plan - Prop 207 Waiver
Marana Regional Landfill
Specific Plan
Submitted to:
TOWN OF MARANA
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Prepared for:
DKL HOLDINGS, INC.
C/o Larry D. Henk
P.O. Box 32803
Tucson, Arizona 85751
Prepared by:
THE PLANNING NTNG CENTER
110 South Church Avenue, Suite 6320
Tucson, Arizona 85701
With assistance from:
CORNERSTONE ENVIRONMENTAL GROUP, LLC
17 West Wetmore Road, Suite 310
Tucson, Arizona 85705
And:
CEJ RTIS LTJ ECK & ASSOCIATES
5460 West Four Barrel Court
Tucson, Arizona 85743
Mayor & Council Approval
November 3, 2010
PCZ -09057
0
For clarification of material contained
in this Specific Plan, please contact:
THE PLANNING NTNG CENTER
110 South Church Avenue, Suite 6320
Tucson, Arizona 85701
Telephone: (520) 623-6146
Fax: (520) 622-1950
0
Marana Regional Landfill Specific Plan
Section I - Introduction
A.Executive Summary......................................................................................................1-1
B.Goals and Objectives...............................................................................................1-6
Section II - Development Capability
A. Purpose and Intent.................................................................................................11-1
Purpose and Intent................................................................................................III-1
B. Existing Land Uses.................................................................................................11-1
B.
C. Topography and Slope...........................................................................................11-7
D. Hydrology............................................................................................................11-9
Compatibility with Adjoining Development and Location Restrictions.................................III-4
E. Vegetation.........................................................................................................11-15
D.
F. Wildlife...............................................................................................................11-23
G. Soils and Geology................................................................................................11-25
H. Viewsheds..........................................................................................................11-31
I.Traffic Circulation and Road System...........................................................................11-35
Land Use Concept Plan........................................................................................III-11
J. Recreation and Trails............................................................................................11-43
G.
K. Cultural Resources...............................................................................................11-45
L. Existing Infrastructure and Public Facilities.................................................................11-46
M. McHarg Composite Map.......................................................................................11-49
Section III - Development Plan
A.
Purpose and Intent................................................................................................III-1
B.
Relationship to Adopted Plans.................................................................................III-1
C.
Compatibility with Adjoining Development and Location Restrictions.................................III-4
D.
Environmental Permitting.......................................................................................111-9
E.
Solid Waste Facility Plan.......................................................................................III-10
F.
Land Use Concept Plan........................................................................................III-11
G.
Phasing Plan.....................................................................................................III-14
H.
Landfill Closure...................................................................................................III-16
I. Circulation..........................................................................................................III-18
J. Open Space.......................................................................................................III-19
K.
Landscape & Buffering.........................................................................................III-20
L.
Post Development Hydrology.................................................................................III-22
2)
do Table of Contents
Marana Regional Landfill Specific Plan
M. Environmental Compliance....................................................................................III-25
N. Cultural Resources..............................................................................................III-30
O. Wildlife Habitat...................................................................................................III-30
P. Habitat Conservation Plan....................................................................................111-30
Q. Public Service....................................................................................................III-31
R. Utilities..............................................................................................................III-32
Section IV — Development Regulations
A. Purpose and Intent................................................................................................IV-1
B. General Provisions................................................................................................IV-1
C. Development Standards........................................................................................IV-2
D. Visual Impact Mitigation.........................................................................................IV-5
E. Landscaping and Screening Guidelines.....................................................................IV-6
F. Definitions.........................................................................................................IV-11
Section V — Implementation and Administration
A. Purpose.............................................................................................................V-1
B. Extent of the Specific Plan to Supplement or Supercede Adopted Town Zoning Regulations.V-1
C. General Implementation Responsibilities...................................................................V-1
D. Specific Plan Amendments....................................................................................V-2
E. Reversion.........................................................................................................V-3
Appendices
AppendixA: Legal Description......................................................................................................... A-1
Appendix B: Development Agreement............................................................................................. B-1
Table of Contents
Marana Regional Landfill Specific Plan
List of Exhibits
Exhibit I.A.1: Location Map...........................................................................................1-5
Exhibit 11.B.1:Existing Zoning.........................................................................................11-4
Exhibit 11.B.2.a: Existing Land Uses...............................................................................11-5
Exhibit II.B.2.b: Existing Land Uses within 1.25 miles........................................................11-6
Exhibit II.C.1: Topography..........................................................................................11-8
Exhibit II.D.1: Brawley Wash Watershed......................................................................11-12
Exhibit II.D.2: FEMA and HEC -RAS Floodplain...............................................................11-13
Exhibit II.D.3: FEMA Flood Insurance Rate Map..............................................................11-14
Exhibit II.E.1.a: SDCP Vegetative Communities, Associations and Densities ........................11-19
Exhibit II.E.1.b: Pima County Regional Flood Control Riparian Habitat.................................11-20
Exhibit II.E.2: Site Resource Inventory..........................................................................11-21
Exhibit II.E.3: Vegetation Densities..............................................................................11-22
Exhibit II.G.1: Soil Associations..................................................................................11-30
Exhibit II.H.1.a: Photo Key Map..................................................................................11-32
Exhibit II.H.1.b: Site Photos.......................................................................................11-33
Exhibit 11.1.1: Roadways.............................................................................................11-36
Exhibit 11.1.3: Avra Valley/Trico Road Intersection.............................................................11-40
Exhibit 11.1.4: Recent Ramp Volumes at 1-10 TI Intersections..............................................11-41
Exhibit II.J.1: Recreation and Schools..........................................................................11-44
Exhibit II.L.1: Existing Sewer Facilities.........................................................................11-47
Exhibit II.L.2: Fire Service..........................................................................................11-48
Exhibit II.M.1: McHarg Composite Map........................................................................11-50
Exhibit III.F.1: Land Use Concept Plan.........................................................................III-13
Exhibit III.G.1: Phasing Plan......................................................................................III-15
Exhibit III.K.: Berm Cross Section..............................................................................III-21
Exhibit III.L.1: Post -Development Hydrology Concept ......................................................III
-24
2)
do Table of Contents
Marana Regional Landfill Specific Plan
List of Tables
Table I I. F.1: Special Status Species.............................................................................11-23
Table 11.1.2: Roadway Inventory...................................................................................11-37
Table IV. E.1.a.Landscape Buffers...............................................................................IV-7
Table IV.E.1.b: Plant List...........................................................................................IV-8
Table of Contents
0
cd0 PMMM4
c.�
Development Plan
Implementation and Administratlonw
0
Operations Plan
Passive Water Harvesting Techniques �=
Pima County c I t ro
U 1011
d et
yDesignIna
Facilit Parkin-
Permitted Uses Sale of Recycled Materials Circulation
Stormwater Basins Specific Plan Land Use Concept Plan
•Developmentill
••
Arizona Pollution Discharge Elimination System Permit
d c Surface Water and Evaporation Basins/Retention
Natural Feature Preservation
o
Convenient e- c� _ o Marana General Plan
Buffering,El ,on
Inspection Areas Solar Energy
Town of Marana ¢, �- 2 � �, Solid Waste Disposal
Recycling Operations & Facilities e� Q
Scale Housep� Development Capability
• - � ¢ Leachate Collection and Removal System Disposal Area
o17' Permitting o 'Waste Screenin Sheds and Accessory Structures
Native Vegetation § Pima County Flood Regulations
CR _�
Sustainability Initiative �--� �; Arizona Revised Statutes
r,
Grandfathered Irrigation Rights ¢ cnr F Desert Scrub Species
CD
Wash Protection
�, d � � CID
Permitted Uses � i Geosynthetic Clay Liner
Location Criteria �--� cm o Circulation rD
�--� - o oCoon
I'DEnvironmental Protection Agency
Natural Open Space -Z5 =
Design Standards 2 = �D '—' • R Drop-off Bins
�� �
c
Native Plant Protection- �--� ; Community
Prevent Wildcat Dumping ¢ Seedin p' Recycling`
g o�
Phasing Renewable Energy'I Surface Water Management
Liner Systemproposed Improvements :A Leachate Collection
Resource Recovery Area
Federal Regulations yard Waste Composting _ 6
Specific Plan PrivatizedServices S5:1_
Erosion Minimization - "' cry
Planting �-Landscape Plan
�
Gas MonitoringDevelopment R
p ment
Promote Conservation and Efficient Use of Services Developmental Regulations
Maintenance and Administration Buildings
Indigenous peeies Environmental Compliance Site Anal sis
Access Road Disposal,rea �SOhd Waste Di�posal Services Accessible specific plan
Construction and DemolMaterial Processing and Recycling Site Analysis
w a Litter Control Disposal Area n"
Maiana
�' �= Quality Control Circulation Buffering
- � Town of Marana Site Design
State Regulations o C c
Lighting
: Green Building Construction
mac1011a A
Solid Waste Facility Plan -
o� Community Individual Landfill Units
Environmental Public Drop-off Areas
•FacilitiesRe
� M-� lanting Population Growth
Diesel
Arizona Registered Professional Engineer-= U.S. Fish R Wildlife Service
Landfi
`° Trico Road
High Density Polyethylene Liner � y
Wash Preservation 5 Solar Energy
Site Plan �
E�: East Branch Brawleywash Specific Plan��
�Srte Analysis Seeding Renewable Energy Generation
Hydrology '
� Technical ResearchGradin and Drainage Plans
Landfill Gas Control Facilities g Development Plan
Landfill Gas -to -Energy Facilities or Other Energy Recovery Facilities
Gas Regeneration Disposal Operations
Traffic Analysis
Sustainability Initiative
THE PLANNINGCENTER
eaw-M-
� odivision of TPC Group, Inc.
Marana Regional Landfill Specific Plan
A. Executive Summary
The Town of Marana and its surrounding area is one of the fastest growing regions in the
county. Its location along Interstate 10 between Phoenix and Tucson makes it one of the most
important growth corridors statewide. Because of its location and due to the fact that Marana
has a large amount of land (previously developed as farmland) available for businesses,
industry, and homes, the area is forecasted to continue its rapid population growth.
Continued growth and development presents a multitude of challenges for the Town including
water availability, stormwater runoff, transportation capability, and solid waste disposal. As the
region continues to grow, it is critical that the Town plan for solid waste capacity in a logical,
proactive manner.
The only open landfill serving the northern area of Pima County is the Tangerine Landfill. This
landfill is scheduled for closure within the next few years. Closure of the Town's only landfill
will not only create a void for the area's current solid waste disposal needs, but also conflicts
with the anticipated growing development. Residents have expressed concern to the County's
Environmental Quality Director that they rely on the local landfill for their solid waste disposal
needs and without one they believe they will see more wildcat dumping (Arizona Daily Star,
February 2009). Town staff members have also raised concerns that garbage collection
companies will have to raise their fees sharply to cover the added costs of hauling trash
further, as disposal options for northern Pima County will be limited to more distant transfer
stations or landfills (Arizona Daily Star, October 2008). The nearest transfer station is the
Waste Management Ina Road Transfer Station, approximately 9 miles southeast of the
Tangerine Landfill. The nearest existing operating landfill locations include the Sahuarita
Landfill (operated by Pima County), located approximately 40 miles from the Tangerine
Landfill, the Los Reales Landfill (operated by the City of Tucson), located approximately 30
miles from the Tangerine Landfill, and the Cactus Landfill (operated by Cactus Waste
Systems, LLC), located approximately 60 miles from the Tangerine Landfill. These distances
will likely become more significant due to the probability of higher fuel costs and carbon
footprint impact fees.
Knowing that the closure of the Tangerine Landfill is imminent, it is essential to begin planning
for a new landfill to solve this regional problem. Compounding the problem, Pima County
does not have funding for neither a new landfill nor a specific location to put one (Arizona
Daily Star, October 2008).
The Town of Marana recognizes the critical need to plan for solid waste disposal and as a
result established an initiative and corresponding action strategies in its Strategic Plan
adopted by the Mayor and Council on February 3, 2009.
Initiative: Identify short- and long-term solutions to solid waste disposal for the Town
and its residents.
• Action Strategy: Develop an education and outreach program to prevent wildcat
dumping and preserve natural beauty; ensure adequate funding for code
enforcement, MPD and Courts for increased wildcat dumping.
88 Introduction I-1
Marana Regional Landfill Specific Plan
• Action Strategy: Investigate the opportunities to develop partnerships with public and
private entities to ensure safe and consistent disposal of solid waste.
o Identify opportunities for transfer stations or other solutions to move solid
waste to appropriate disposal sites.
o Review and provide recommendations on potential ability to franchise solid
waste contractors to Town Council.
o Investigate public/private partnerships that develop revenue for the Town.
This Marana Regional Landfill Specific Plan (Specific Plan) was created to help the Town and
County meet the demonstrated needs of the region in providing essential solid waste disposal
and recycling services.
In addition to meeting a demonstrated need, the Marana Regional Landfill will contribute to
furthering economic development in the Town of Marana. Currently, a 250 -acre industrial park
is being planned near the Marana Northwest Regional Airport. Providing industrial companies
with a close, inexpensive and long-term solution to their disposal needs will appeal directly to
manufacturing firms, and provide an additional selling point for the Park.
Key elements of the Specific Plan are provided below:
Project Overview and Location
Privately owned and operated, the Marana Regional Landfill will provide long-term,
environmentally and economically -sound disposal capacity to the residents and businesses of
the Town of Marana and Pima County. The Marana Regional Landfill Specific Plan consists
of approximately 590 acres in the northwest border of Marana.
The 590 -acre subject property, Assessor Parcel ID number 208-24-0010, is located south of
Silverbell Road, north of Avra Valley Road and just east of Trico Road. The property lies
within Township 12S, Range 10E, Section 1 and is situated in Marana's Planning Area per
the adopted Town of Marana General Plan. The project site is surrounded by
vacant/undeveloped or agricultural properties. To the east of the project site is the Marana
Northwest Regional Airport. Further south of the site is Tucson Adobe, an adobe
manufacturing facility with sand and gravel operations. North of Silverbell Road is an existing
residential development (see Exhibit I.A.1: Location Map).
Land Use
The Marana Regional Landfill Specific Plan establishes landfilling and ancillary land uses that
will serve the area's current and future solid waste disposal demands. The Specific Plan
includes a sustainability initiative, seeking to incorporate the following environmentally -friendly
uses and practices: recycling materials; composting green yard wastes; retail of recycled and
composted materials to consumers; creation of renewable energy through solar farming and
gas regeneration; and re-establishing the pre -settlement character of the East Branch
Brawley Wash as an Open Space amenity.
Introduction I-2
Marana Regional Landfill Specific Plan
Circulation
An 80' private easement will be established to access the property from Avra Valley Road.
This north/south easement will provide ingress and egress into the southeast corner of the
property. Final design of this easement will be done at the time of development plan and will
be designed to accommodate both private vehicles and larger commercial vehicles subject to
Town Engineer approval.
Hydrology
The location of the project site is approximately one half mile south of the confluence of the
East Branch and West Branch of the Brawley Wash. The Brawley Wash watershed is over
1,400 square miles. Proposed improvements will reduce the area of the floodplain from the
East Branch Brawley Wash without adversely affecting adjacent properties. These
improvements consist of a combination of widening the channel, constructing an armored
levee on the side of the channel next to the landfill, and lowering the channel bottom in the
area where the channel is entirely within the project boundary. Currently, there is a manmade
channel adjacent to the eastern boundary of the property. The proposed improvement would
involve expanding this channel into the site property to increase its capacity, thereby
eliminating the overbank flows. China Draw will be re-routed around the western perimeter of
the site to join the East Branch, upstream of the confluence with the West Branch.
There are two existing wells located on-site. The on-site well located near the southwest
corner, well #618389, is owned by Herbert Kai, and used for irrigation purposes. The other
well, #618390, is located toward the southeast corner of the site, it is also owned by Herbert
Kai and used for irrigation purposes.
Environmental Compliance
The proposed Marana Regional Landfill facility will be designed to meet or exceed current
local, state and federal requirements for solid waste disposal, groundwater protection, site
drainage, vector control, and site reclamation/revegetation. The state-of-the-art design will
include a liner, leachate management system, landfill gas collection and control system, and a
groundwater monitoring system. Only non -hazardous solid waste will be accepted for
landfilling at the proposed facility.
Development Regulations
The Marana Regional Landfill Specific Plan Development Regulations apply to the
development of buildings, landscape borders and performance criteria for all permitted uses
within the Specific Plan. The regulations provide visual mitigation strategies to ensure
appropriate transitioning to surrounding development.
The Development Regulations apply to the 590 acres of land in the Marana Regional Landfill
Specific Plan. Land use designations within the Specific Plan include Landfill (LF) and Open
Space (OS).
The Development Regulations will govern and provide regulatory zoning provisions for the
land use intensities and location criteria within the Marana Regional Landfill Specific Plan.
The Regulations include standards related to land use, building setbacks, height restrictions
Introduction I-3
Marana Regional Landfill Specific Plan
and lot coverage. The intent of these standards is to establish clear minimum development
standards, allow for the orderly progression of development, and to provide flexibility over
time without compromising the goals and objectives for this specific plan.
88 Introduction I-4
Marana Regional Landfill Specific Plan
Exhibit I.A.1: Location Map
LEGEND
+ Ma rana NW Regional A Jurisdiction Soundar-y 80 -Foot Private
Interstate State Trust LandNOTES AcGess Ea rile NORTH RTH 0 1 2 Miles
M M=%mmemommom
County Boundary Project Site is loc a ted at:
Bureau of Land Management Towwship 12S- Range 10E, and Section 1
Site Boundary Acreage: Approx. 584.29 AC FILE NAME. DKL-0 1 -reo ional-I ocat ion-mxd
Bureau of Reclamation/CAP Pamel 1E) *208-2 0010 SOURCE � Pima Courity DOT GIS, 2DD9
88 Introduction 1-5
Marana Regional Landfill Specific Plan
B. Goals and Objectives
The objectives of the Specific Plan are intended to guide development of the site and provide
direction for site design principles. This Specific Plan is intended to implement policies of the
Town of Marana General Plan while providing a development that responds to the site-
specific conditions of the site and the needs of the community. Development criteria
established in this Plan provides quality design and ensures environmental compliance
through the utilization of state-of-the-art technology. A set of goals have been established as
follows:
1. Implement the goals, objectives, and policies of the Town of Marana General Plan;
2. Further the initiative and corresponding action strategies of the Town of Marana's
Strategic Plan;
3. Provide a service that meets the needs of the region in a safe and convenient
manner;
4. Provide services that are easily accessible to the community;
5. Coordinate project design to provide a site plan compatible with the natural
environment;
6. Process and adopt the specific plan to provide a precise understanding of
development and future use for the property;
7. Ensure coordinated, responsible planning through the use of cohesive procedures,
development regulations, standards, and guidelines;
8. Provide a framework for the management and administration of this Marana
Regional Landfill Specific Plan; and
9. Provide an annual monitoring plan report for the Marana Regional Landfill Specific
Plan to monitor project compliance with the plan.
EB Introduction I-6
0
dd
�o
a.�
Development Plan
Implementation and Administration
Operations Plan
Pima County c
Passive Water Harvesting Techniques �=
yDesignFacilit Parkin-
Permitted Uses Sale of Recycled Materials Circulation
t Plan
Stormwater Basins Specific Plan Land Use Concept
Arizona Pollution Discharge Elimination System Permit
d c Surface Water and Evaporation Basins/Retention
o Natural Feature Preservation
Convenient c� _ o Marana General Plan
,on
Buffering,El 2
Inspection Areas Solar Energy
Town of Marana ¢, �- � �, Solid Waste Disposal
Recycling Operations & Facilities e� O
p� Development Capability
Scale House
• � ¢ Leachate Collection and Removal System Disposal Area
Permitting o 'Waste ScreeIlIngSheds and Accessory structures
17'Native Vegetation § Pima County Flood Regulations
CR
Sustainability Initiative�--� r, Arizona Revised Statutes
-2 9 : ' Desert Scrub Species
Grandfathered Irrigation Rights ¢ cnr
�, d CD
� CID Wash Protection
Permitted Uses � i Geosynthetic Clay Liner
Location Criteria �--� r, o Circulation
0 0
rD
Natural Open Space -Z r Environmental Protection Agency
Design Standards, = �D •
�- � �� c � � S, po Drop-off Bins
Native Plant Protection - �--� ; Community '
Prevent Wildcat Dumping ¢ Seedin Ll ° rD � Recycling`
Seeding o
Phasing Renewable Energy'' � Surface Water Management
Liner Systemproposed Improvements :1 Leachate Collection
Resource Recovery Area � � � .�9�
Federal Regulationsyard Waste Composting _
Specific Plan privatizedServices
Erosion MinimizationPlanting Coon
�-Landscape Plan
Gas MonitoringDevelopment R
p ment �
Promote Conservation and Efficient Use of Services Developmental Regulations
Maintenance and Administration Buildings
Site Anal sis
Indigenous peeies Environmental Compliance Access Road Disposal Area�SOhd Waste Di�posal Services Accessible specific Plan
Construction and DemolMaterial Processing and Recycling
Site Analysis
Litter Control Disposal Area n"
�- Quality Control Circulation Buffering
Maiana
- � Town of Marana Site Design
State Regulations c C c
RE 0,1011al
LightingID
Green Building Construction
Introduction r9L
Development Capability
Solid Waste Facility Plan �, - - Community
Individual Landfill Units
Environmental Public Drop-off Areas
o'
•Facilitiespanting Population Growth
Diesel
Arizona Registered Professional Engineer-= U.S. Fish R Wildlife Service
`° Trico Road
High Density Polyethylene Liner � y
Wash Preservation 5 Solar Energy
Site Plan �
E�: East Branch BrawleyWash Specific Plan��
Site Analysis Seeding Renewable Energy Generation
Hydrology � ' Technical ResearchGrading and Drainage Plans
Landfill Gas Control Facilities p
Develo ment Plan
Landfill Gas -to -Energy Facilities or Other Energy Recovery Facilities
Gas Regeneration Disposal Operations
Traffic Analysis
Sustainability Initiative
THE PLANNINGCENTER
"J o division of TPC Group, Inc.
Marana Regional Landfill Specific Plan
A. Purpose and Intent
The primary purpose of the Development Capability Report section of the Marana Regional
Landfill Specific Plan is to identify the site's opportunities, constraints and various physical
characteristics, the analysis of which will then provide a means whereby development is
designed in a sensitive and responsive manner to the physical conditions of the site.
Information for this section was compiled from a variety of sources, including site visits,
referencing topographic, hydrological, archaeological and traffic analyses, and
correspondence with staff from the local jurisdictions. The Development Capability Report
follows the Town of Marana requirements provided in the Town of Marana Land Development
Code.
Pursuant to such requirements, information on the following physical components of the site
was compiled to assess the suitability of the property for development:
Existing structures, roads and other development
Topography and slope analyses
Hydrology and water resources
Vegetation and wildlife habitat
• Geology and soils
• Viewsheds
• Cultural resources
Existing infrastructure and public services
B. Existing Land Uses
This section of the Development Capability Report identifies existing zoning, land use and
structures on-site and on surrounding properties, as well as other proposed development in
the project vicinity.
1. Site Location
The project is situated south of Silverbell Road, west of the Town of Marana
jurisdictional limits approximately 5.5 miles south of the Pima County/Pinal County line
within Township 12 South, Range 10 East, Sections 1, Pima County, Arizona. The
site area is approximately 590 acres.
00 Development Capability Report II -1
Marana Regional Landfill Specific Plan
2. Existing On -Site Land Use and Zoning
The site, once used for agricultural purposes, is currently vacant. There are no
existing structures on-site. The existing zoning designation on the property has been
translated to the Town equivalent of "RD -180," Rural Development as a result of
annexation into the Town of Marana. RD -180 permits large lot residential
subdivisions, manufactured home parks, public parks and playgrounds, day care
center, churches, group homes, public school, raising of large and small livestock,
ratites, fowl, rodents and swine, and crop production. See Exhibit II.6.1: Existing
Zoning.
3. Existing Conditions on Properties within aOne-Quarter Mile Radius
a. Zoning
The zoning designations of surrounding properties, as depicted in Exhibit 11.6.1,
are as follows:
North: Pima County Zone RH (Rural Homestead)
South: Pima County Zone RH (Rural Homestead) and Town of
Marana RD -180 (Rural Development)
East: Town of Marana Zone C (Large Lot Zone)
West: Pima County Zone RH (Rural Homestead)
b. Land Use
The land uses of surrounding properties within one-quarter mile, as depicted in
Exhibit II.6.2: Existing Land Uses are as follows:
North: Vacant State Trust Land
South: Agricultural City of Tucson Land (Bowden and Gin Farms),
Agricultural Private Land
East: Vacant State Trust Land, Agricultural
West: Vacant State Trust Land
Also, as shown on Exhibit II.B.2.b: Existing Land Uses within 1.25 miles, there is
one existing residential subdivision, Silverbell West, two planned residential
subdivisions, Arboles Viejos and Cottonwood Ranch, and two development
plans, Super Stop Gas Station and Tucson Adobe, an adobe manufacturing
facility with sand and gravel operations.
00 Development Capability Report II -2
Marana Regional Landfill Specific Plan
c. Number of Stories of Existing Structures
There are no existing structures within one-quarter mile of the site.
d. Pending and Conditional Rezonings
According to the Town of Marana's Development Activity Report Map most
recent map dated January 19, 2010, there are no pending or conditional
rezonings within a one-quarter mile radius of the project site.
e. Subdivision/Development Plans Approved
There are no subdivision plats or development plans approved within a one-
quarter mile radius of the project site.
f. Architectural Styles of Adjacent Development
There is no existing development adjacent to the project site.
4. Well Sites within 100 Feet of the property
According to the Pima County Department of Transportation Geographical Information
Services and Arizona Department of Water Resources, there are two wells located
on-site and one well within 100 feet of the property. See Exhibit II.6.2: Existing Land
Uses. The on-site well located near the southwest corner, well #618389, is currently
owned by Herbert Kai, and used for irrigation purposes. The other well, #618390, is
located toward the southeast corner of the site and is also owned by Herbert Kai and
used for irrigation purposes.
00 Development Capability Report II -3
Marana Regional Landfill Specific Plan
Exhibit 111111.113.111: Existing Zoning
W,
0000 alft� '4*\
----------- \ ------------
00000*
0
0
0
CL
0001"
0000
I
LEGEND Pima County Zoning Town of Marana Zoning
Streets 0 RH - Rural Homestead 0C - Large Lot Zone
N -,STH
Owart Mile Radius 0 SH - Suburban Homestead RD 180 - Rural Development
Parcel
FILE NAME:
Site Boundary S-: I -IR( -,E: Pin -r -i Cc.unty Df;Tc,j.,-,�
Development Capability Report 11-4
Marana Regional Landfill Specific Plan
70§L# 808683:'
F 4 tom'
jY
1
rY� 5
s
P"1t
I
"w
j'. 0
ti
<< 1
1a i
#618390
Q
# 618389
I ,
y .
IImam,
r
Ai. s ,
5 ,
r -
''2189
LEGEND
Site Boundary City of Tucson Owned Parcel Existing Jells
NORTH 0' 650' 1300'
y;, :. Quarter dile ]radius Parcels �
Approved Development Plan �Jurisdiction
pp P ��� Boundary
FILE NAME: DKL 1=existin landu es.mxd
State Trust Land J 100 Foot Radius SOURCE: Pima Coun-hi DoT GIS, 2OD9
8BDevelopment Capability Report II -5
Marana Regional Landfill Specific Plan
Exhibit 11.13.2.b: Existing Land Uses within 1.25 miles
LEGEND
Site Boundary
1.25 Mile Radius
Approved Development Plan
State Trust Land
City of Tucson Owned Parcel
Parcels
Jurisdiction Boundary
Approved Subdivision Plat
NORTH 0, 1 50D 3",
r=%=M==="
FILE NAME: DKL-01-existinglandusesmxd
SOURCE: Pima County DOT GIS, 2010
Development Capability Report 11-6
Marana Regional Landfill Specific Plan
C. Topography and Slope
The property site has been leveled for agricultural uses. The East Branch Brawley Wash is
located in the northeast corner of the site with a manmade drainage channel branching to the
south boundary of the site. The elevations on the property range from 1,952 feet in the
northwest corner to 1,980 feet along the southern boundary. Existing topography at 2'
contour intervals is shown on Exhibit II.C.1: Topography.
1. Hillside Conservation Areas
There are no Hillside Conservation areas on the subject property.
2. Rock Outcrops
There are no rock outcrops on the subject site.
3. Slopes of 15% or Greater
There are no slopes 15% or greater on the subject property.
4. Other Significant Topographic Features
There are no topographic features such as peaks or ridges on the project site.
However, there are existing irrigation ditches running through the site.
5. Pre -Development Cross -Slope
Existing site topography from the Marana, AZ USGS 1:24,000 Topographic
Quadrangle shows that there is a slope of approximately 1.34% from the southern
boundary of the site to the northwest corner.
The pre -development cross slope calculation and values used are as follows:
Cross -slope = (I x L x 0.0023) / A
Where:
F�
= contour interval (2')
L = total length of contours (172,442')
0.0023 = conversion of "square feet" into "acres x 100"
A = total site area in acres (590 AC)
Development Capability Report II -7
Marana Regional Landfill Specific Plan
Exhibit II.C.1: Topography
NS9°-W-00T(Basis of Beadng), 5276-07ft(rneas'd) 6
r�
l 30
o f
� 1397.77f#(��cd & meas' d) � •�
f
f - 4 M
� h
Iflf Q 4r
c, I` .
+ r LM I d�
- f
�4CO
— a
LJ
- J
19,7,8'-
-Z 9,7'8'-
a_
s9° -49'-14'W. 2633_17ft(caIdd) - WAW -WW. 526 3311(meas�d) ---S89'4 °-14"W, 2040-0 (cale'a)
-
LEGEND
on
■ ■ J Site Boundary
Adjacent Parcels
' Elevation Contours
Development Capability Report II -8
Marana Regional Landfill Specific Plan
D. Hydrology
The following site hydrology information was analyzed and prepared by Cornerstone
Environmental Group, LLC.
1. Introduction
The location of the project site is approximately one half mile south of the confluence
of the East Branch and West Branch of the Brawley Wash. The Brawley Wash
watershed (also known as the Altar Wash-Brawley Wash watershed, or Altar and
Avra Valleys) is large- over 1,400 square miles. The watershed extends from just
north of the Mexican border at the south end to just north of the Pima County line.
The Brawley Wash begins as Altar Wash near the Mexican border and flows to the
north through the alluvial valley between the Sierrita and Tucson Mountains on the
East and the Baboquivari, Roskruge, and Silverbell Mountains of the west. The Altar
Wash becomes the Brawley Wash approximately 8 miles south of Robles Junction
and continues to flow north as a single braided stream until it crosses Manville Road,
at which point it diverges into the East Branch of Brawley Wash and the West Branch
of Brawley Wash, which have hydraulically distinct floodplains. After approximately
10 miles, these branches reconvene to form Brawley Wash, which becomes Los
Robles Wash and ultimately flows into the Santa Cruz River. The watershed is
predominately rural, consisting mainly of low -elevation desert rangeland.
See Exhibit II.D.1: Brawley Wash Watershed.
2. Existing Hydrology
The floodplain of the West Branch of the Brawley Wash does not affect this site. The
East Branch affects the eastern half of the site, and the FEMA floodplain covers the
majority of the site. A smaller channel, called China Draw, develops between the
East and West Branches to the south of the project. Currently, China Draw impacts
the property at the southern property line and is directed to the northeast where it
joins the East Branch. In addition, there are other minor flows impacting the site from
the south which are directed around the property in an existing diversion channel to
the west where they join the East Branch floodplain at the north property line.
Section 404 permitting will likely be required for portions of the site that contain
jurisdictional washes. The extent to which permitting will be required and if it will be
nationwide or individual will depend on the final design of the site. A jurisdictional
delineation of potential jurisdictional waters has not been performed at this time, since
the length of time required for other permit approvals as well as the development
process of the landfill over its design life (>50 years) significantly exceeds the duration
of jurisdictional delineation and subsequent 404 permit approval. It is likely that
jurisdictional waters exist on the site and jurisdictional delineation (and 404 permit
approval) will be obtained for the area affected by each phase of development prior to
construction of that development. Information on subsequent phases of development
will be provided to the US Army Corps of Engineers as part of the 404 permitting
process; however, it is anticipated that additional 404 permit approval may be
00 Development Capability Report II -9
Marana Regional Landfill Specific Plan
required for subsequent phases which are not constructed during the duration of
approval of the original 404 permit. This practice is typically used for 404 permitting of
landfill sites since the duration of 404 permits are limited and landfills often develop
over a timeframe of decades, with large portions of the site remaining in pre -
development conditions for an extended period of time.
A detailed floodplain study was performed on a portion of the Brawley Wash system
south of the property in 1996, and a report was prepared by Simons, Li & Associates
(1996). The portion under study included the area where the Brawley Wash splits
into the East and West Branches. The Study references an earlier study done by the
US Geological Survey (USGS) which suggested that flows of 21,000 cubic feet per
second (cfs) would exit along the East Branch, with 14,000 cfs remaining in the West
Branch. The Simons Li & Associates study suggested that the flows would actually
be the reverse of the USGS study, with 14,000 cfs flowing in the East Branch and
21,000 cfs in the West Branch. As a conservative measure, Simons, Li & Associates
used the 21,000 cfs in both the East and West Branches, and Cornerstone is
following this convention.
Cornerstone is performing a study of the East Branch of the Brawley Wash in the
area north of Avra Valley Road up to the point of confluence, just north of the project
site. The purpose of this study is to obtain a more accurate floodplain delineation of
the immediate area, and to facilitate the design of the channel improvements.
The significant features affecting flows in and around the area of study are Avra
Valley Road, just south of the study area, and the man-made channels and berms
which currently direct flows from storms smaller than the 100 -year storm around the
site. China Draw crosses Avra Valley Road through a pipe culvert and follows a man-
made channel to the south property line of the project where it is then diverted to the
northeast to join the East Branch. The major downstream feature is the bridge where
the Brawley Wash flows under Trico Road, approximately 2 miles downstream. The
Brawley Wash becomes the Los Robles Wash downstream of the confluence of the
East and West branches. The naming convention transition between Brawley Wash
and Los Robles Wash is somewhat undefined and varies between sources of
information. For example, the Trico Road bridge is signed as crossing Brawley
Wash; however, several mapping sources indicate use of the Los Robles Wash name
upstream of the bridge, and in some cases extending upstream of the East
Branch/West Branch confluence.
Cornerstone is modeling the East Branch using the U.S. Army Corps of Engineers
HEC -RAS 4.0 software, along with AutoCAD software. The HEC -RAS model is set
up to model a flow of 21,000 cfs along the East Branch channel and the model shows
a floodplain which is less extensive than the FEMA Zone A floodplain.
See Exhibit I I. D.2: FEMA and HEC -RAS Floodplain and Exhibit I I. D.3: FEMA Flood
Insurance Rate Map.
00 Development Capability Report II -10
Marana Regional Landfill Specific Plan
During the 100 yr storm, the East Branch of the Brawley Wash sheet flows over Avra
Valley Road. The sheet flow is fairly wide spread over the parcel adjacent to the east,
and this sheet flow impacts the site property at the southeast corner and covers a
significant portion of the eastern and northern portions of the site. Based on the
results of the HEC -RAS modeling, it appears that China Draw is separate from the
East Branch floodplain, south of the project.
00 Development Capability Report II -11
Marana Regional Landfill Specific Plan
Exhibit 11.D.1: Brawley Wash Watershed
MAR&M REGIONX LANDFILL rw-. unIT
4oi. CORNERSTONE PIMA COUNN, ARIZONA
P RZ
i V
11 - -It I I GTivingli LU
Ell M 11
C BRAWLEY WASH WATERSHi:ED 501
IL
. . PROJECT NCL
e.A. .
Development Capability Report 11-12
n4i
I wn Er-ureally
I'Ll YVtill
-I'h 1j'r ry
-Y 71
lill 11 1z. Fig
MAR&M REGIONX LANDFILL rw-. unIT
4oi. CORNERSTONE PIMA COUNN, ARIZONA
P RZ
i V
11 - -It I I GTivingli LU
Ell M 11
C BRAWLEY WASH WATERSHi:ED 501
IL
. . PROJECT NCL
e.A. .
Development Capability Report 11-12
c
CD
CL
C)
C/)
m
0
0
LL
cn
70
c
0
LU
0 L
< cu
< ED
>
CIL E<
c
0
0)
(1)
LU
LL
A,
AP
CLI10
0 0
N
ci
Ld
aW
-EL,<
z
CL 0-0 C�
F-
s
z
13L 12L
LA-
-1 0 LLI
<
7)
--i >
z L) 0
< <
a- Ld 0 0 M
< m-- LIL
M cn n W \
R < (A LIJ
0 x > 0
W CL m 0 CL LLJ LLJ W
< 2 OC
Awm
z
<
1 0
z0 0
<
af mLLi
_j
z
5
0
L)
< LU
Z
<
Er -
CL
LL
Wd6g-LZ - 6MZ 'ZL 430 i§%DaVDW :Aagfl d -A :TWA 1;nr08dV15ZO60 - -OOWM:1�0 IUS -WtreW\ar*ld 0OV3\-O 4!A
llx
FU
CD
LL -
z
0
P:
0 L
< cu
< ED
>
CIL E<
C)
0 0
>
A,
AP
pj 0 C4
E
Ld
aW
-EL,<
z
CL 0-0 C�
F-
s
LLI
0
CL OL 3t 1-
<
V)
--577�� C)
<
Tl 0 J--
Wd6g-LZ - 6MZ 'ZL 430 i§%DaVDW :Aagfl d -A :TWA 1;nr08dV15ZO60 - -OOWM:1�0 IUS -WtreW\ar*ld 0OV3\-O 4!A
llx
FU
c
0
n
C)
C/)
�7-
70
c
0
c
0
0)
c
0
I
L M J�n
''rl
I
CL
LLI
<
Z LLI
C)
z
0
LLI SIF
rtf
z
X
rl 0
0
3r mi
LL
:E
LLI
LL
DL
o
U
C:
(1)
E
DL
o
FU
Marana Regional Landfill Specific Plan
E. Vegetation
1. Vegetative Communities and Associations on the Site
The project site is located in the Northern Avra Basin approximately one and a half
miles southwest of the Santa Cruz River. The project site has been cultivated with
most of the native vegetation having been removed, as shown below.
ii
r
Photo 1: View looking toward the middle of the site
Since this property was not annexed into the Town of Marana at the time of the
preparation of the Town's Draft Habitat Conservation Plan (HCP), no information as
included in the HCP. Therefore, this analysis was prepared using Pima County's
Sonoran Desert Conservation Plan data.
According to the Sonoran Desert Conservation Plan (SDCP), the site is designated as
"Agricultural Use," with the majority of the site (92%) designated as "Agriculture," and
the remaining portions of the (6%) designated "Sonoran Desert Scrub." The Sonoran
Desert Scrub designation is located along the eastern boundary near an manmade
drainage channel, the northwestern corner along the East Branch Brawley Wash and
northwestern boundary of the project site. See Exhibit I I. E.1.a: SDCP Vegetative
Community, Associations and Densities.
The Pima County Special Elements of the SDCP are delineated in the same areas as
the Sonoran Desert Scrub delineations mentioned above. These Special Elements
include "Sonoran Riparian Scrub" along the East Branch Brawley Wash, the
manmade drainage channel along the eastern boundary and a very minor segment in
the northwest corner of the site. "Palo Verde -Mixed Cacti" is located mainly in the
northwest corner of the project site. See Exhibit II.E.1.a: SDCP Vegetative
Communities, Associations, and Densities.
Additionally, Pima County Floodplain Ordinance has also mapped these areas on the
site as Important Riparian Areas (IRA). See Exhibit II.E.1.b: Pima County Flood
Control Riparian Habitat.
00 Development Capability Report II -15
Marana Regional Landfill Specific Plan
2. Significant Cacti and Groups of Trees and Federally -Listed, Threatened
or Endangered Species
In accordance with the Arizona Game and Fish Department, the only species listed as
SR -Salvage Restricted within a three mile radius of the site is the Thornber Fishhook
Cactus (Mammillaria thornberi). See Table II.F.1: Special Status Species in the
Wildlife Section. The locations of the following photos can be found on Exhibit II.H.1.a:
Photo Key Map.
The following federally listed (endangered or threatened) plant species known to
occur in Pima County are not known to occur on the property based on the suitable
habitat and range: the Huachuacha water umbrel (Lilaeopsis schaffneriana spp.
Recurva), Kearney blue star (Amsonia kearneyana), Nichol Turk's head cactus
(Echinocactus horizonethalonius var. nicholii), and the Pima pineapple cactus
(coryphantah scheeri var. robustispina).
A Site Resource Inventory (SRI) was conducted on the property per Town of Marana
requirements. The results have indicated the areas designated for significant
vegetation and/or riparian habitats vary from the Pima County Regional Flood Control
District IRA designations. See Exhibit II.E.2: Site Resource Inventory.
The SRI concluded that the vegetation in the northeast corner of the site along the
East Branch Brawley Wash is considered significant and riparian. However, it consists
of a monoculture of mostly dead mesquite tree bosque (Prosopis species).
Photo 2: Vegetation within the East Branch Brawley
Wash, located in the northeast corner of the site.
(30 Development Capability Report II -16
Marana Regional Landfill Specific Plan
The area along the eastern border along the manmade drainage channel is
designated riparian only at the south end of the tributary where a monoculture of
mesquite trees (Prosopis species) was found.
Photo 3: Desert broom vegetation along the
eastern boundary of the manmade drainage channel.
The northwest corner of the site is Pima County designated IRA area. However, it
consists of a monoculture of dead mesquite trees (Prosopis species).
The area south of the Pima County designated IRA area identified in the SRI contains
a viable monoculture of Mesquite Trees (Prosopis Species), and therefore is
designated as significant vegetation.
Photo 4: View looking north toward the northeast corner
of the site and south of the Pima County Designated IRA.
3. Vegetative Densities by Percentage of Plant Cover
On-site vegetation densities are measured using aerial photographs and verified
during field inventories. Vegetation canopy coverage for shrubs and trees is
calculated using aerial photographs. Perennial grasses and ground covers were
00 Development Capability Report II -17
Marana Regional Landfill Specific Plan
not considered. The majority of the site has been cleared over time for agriculture
and associated activities. Vegetation densities fall into four categories:
■ High Density: The East Branch Brawley Wash located at the northeast
corner of the site is covered with a dense mesquite bosque in very poor
condition. A constructed berm/channel further south contains a dense stand
of desert broom. High density vegetated communities encompass less than
2 percent of the site.
■ Medium Density: Areas identified as medium density encompass
approximately 4 percent of the site. These areas consist of desert broom or
mesquite trees.
■ Low Density: Areas of low vegetative density are sparsely vegetated with
creosote bush or desert broom. Low density areas encompass 36 percent
of the site.
■ No Vegetation: Areas of the site previously used for agricultural purposes
have been cultivated and there is no vegetation. No vegetation areas cover
58 percent of the site.
See Exhibit I I. E.3: Vegetation Densities.
00 Development Capability Report II -18
Marana Regional Landfill Specific Plan
Exhibit II.E.1.a: SDCP Vegetative Communities, Associations and Densities
4470,j
IWI
2.
MEMO
-elf,
411. /1 1
J
Ma de
Dr age
Cr, nel
40011_l
-
--- --- --- ---
LEGEND Vegetation PI -ma County Special Elements
Site Boundary Agriculture I Developed Palo Verde - Mixed Cacti
NOPTH 0' 600' 1200'
Parcels Sonoran DesertsGrub Sonoran Riparian Scrub
Jurisdictions FILE NAME: D K L-0 1 -vegetati o n. mxd
SOURCE. Pima County DOT GIS, 2009
Development Capability Report 11-19
Ew,
M.
LEGEND
Marana Regional Landfill Specific Plan
Exhibit II.E.l.b: Pima County Regional Flood Control Riparian Habitat
......... I
jr
04'.
A
or
'.7
7 M
I -X
0
0
CL 0
_k
471
Jv
iZz
70
7 •
1 6 r a U !j
Site Boundary Pima County Xeroriparian Habitat C
NORTH 0, 1,000' 000'
Parcels Pima County Xeroriparian Habitat D
Jurisdictions Pima County Important Riparian Area F I , L - E - NAME: DL -0 I -vegetation. mxd
SO LID CE: Pima Cou n ty DOT GIS, 2009
8BDevelopment Capability Report 11-20
O
Qv
F, N
QQcoc
ocall COOO-00
i 000 %000000000000
0000 %000000000001
000D 100000000000
V000000000,
cook %COOOOOOOO
)00 *-'L000 0 0001
00 0000 G.-
0 0 0 1
VOON
0 0 L*
CIF 0 0 Q
3 'Q-%%'
rl
01
)
r�3
.0 it
OIL
r] 0 e
10-01
001
6 G
0
e001.1.
10
god
to
IP
too %063
Marana Regional Landfill Specific Plan
Exhibit II.E.2: Site Resource Inventory
0
(3) LAYERS: PC IRA
XC, ARA, & SV
AREA IN
'P
DE IONATED
E
Itioao
I
0
00q
"Fq* a
0 0 0411-6�
"-t, V00 0� 1, 0
to C, a a O's.
16000000*
0
1ot
'%001 a
C�j
" ��) )0
�000 00000
00000,1,
(Prosopis
00000 0000
100000 V00000
P')000C'00000000\
t6
9
ION01.
a 0 0 0 %Q000000*
10000006 x. 0 0 0 0 0 a
0 0 0 o 0 0 0 6
100 0 0 0 0 0 0 0 ON,,
00000000 Pp 00000i�
6000000b001 0 0 0 0 0 O�v0000000
4000000000000o,
*AOOOOOOOC00%
, , "O -t%
V00000000C
4c�000c�o.000000 o4
00 V0 o 000C C16.
190000000000 �00
jo 000C 00 00�01'hN
%ooj Icy000000C%
OOOOQOQ**
't00oo000oQo00CN
0000000000%
too
QQQoDQQ+*
4%, )00cQ
00o 0 Q o o o Q Q Q Q Q%
QQQC 0 Q o0b
40b Iff * Q
14VqCfg( QQQQQQOQ0o0QQ�'�-►
Q 0 qk 0 0 Q Q a 0 0 0 oojmoaO �qe b..
O O 000OOOOJQQCCIOa0O00q1�JRgIca
0 a 0 a 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0
00000 000000 00000 0 00000 0000
14000000000000000o0coO0OODOOOOOOOOOOCOOOOOO000000000cI
'004 0400000000000000000c00000c00000coo0000000c00000000ON
booll v000c0000000000cc0000000000000000c000000000OOOOOOOCO%
I 0��OA % 0 0 1) 0 0 0 0 N89`-58'-OO"E(Basis of Bearing?, 5276 07ft(meas'd) 0 0 0 0 0 0 0 0 0 0 0 0 0 0
J�6 -0 000 0 0 0 0 0 00 0 0 0"C��
W'.
%0000008
%a o o Q 0 IF
%0 0 0 0 0 0 0()
5
Op".Ooco
a I
V q
N89:' 49'-39"E
1317-77ft%'ca1c'd & meas
00
00
.2s
onaculture
of
E r
U3
M
Q3 Dead
0'
0,
Mesquite
D U Trees
9
0 (Prosopis
z species)
(2) LAYERS:
PC IRA XC & ARA
IK -7Monoculture of
Mesquite Trees
(Prosopis species)
AREA NOT IN
DESIGNATED
100 YEAR
FEMA FLOOD
LIMITS
Monoculture of Mostly Dead
Mesquite Tree Bosque
(Prosopis species)
(3) LAYERS: PC IRA
XC, ARA., & SV
AREA IN
DESIGNATED
100 YEAR
FEMA FLOOD
LIMITS
1 *4 0 -4 lk TWI
Monoculture of B_401Q 9�
Desert Broom C,090
o.
(Baccharis '05-C4'
4t C
sarothroides) Oce
eo --
400.0
0
000,0 101
'odor
00
1b 0
1) 0 o F
P5, 0 0 Monoculture of
8 Desert Broom
P 01
(Baccharis
I sarothroides.)
#
e*
rAl jA
04
Ab of
#,D
o 'OV
iP4 F
1011
�A
L OIL
coo
Monoculture of
Desert Broom
(Baccharis
sarothraides)
589::-49'-14"W. 2633,17fqca1Cd) S89'--4-9'- 14-k 5266 3ft(Muju'd) S 890 -49'- 14 W. 2 04 0 02ftf. ca Ic'd)
4, 1
— FO
--w
7OF
.row
AWL�'
i� Air
6,
AERIAL R[AL DATE' APRIL. 2008,
rJ Significant Vegetation (SV) Site Boundary (Determined by Field Verification on June 7, 2009)
Adjacent Parcels
2' Elevation Contours
100 Year FEMA Flood Limits
Pima County Designated Important Riparian Area XB (PC IRA XB)
0-11 Pima County Designated Important Riparian Area XC (PC IRA XC) NORTH 01 6001 )200'
Actual Riparian Area (ARA)
(Determined by Field Verification on June 7, 2009) FILE NAME: DKL-01-EXH[BIT3.DWG/INV1
8BDevelopment Capability Report 11-21
(3) LAYERS: PC IRA
XC, ARA, & SV
AREA IN
DE IONATED
E
100 YEAR
FEMA FLOOD
0
LIMITS Monoculture of
0
1ot
'%001 a
C�j
Mesquite Trees
%0
to - Ui
(Prosopis
co
species)
9
0 %
VO0 O
g' r9i z
1 *4 0 -4 lk TWI
Monoculture of B_401Q 9�
Desert Broom C,090
o.
(Baccharis '05-C4'
4t C
sarothroides) Oce
eo --
400.0
0
000,0 101
'odor
00
1b 0
1) 0 o F
P5, 0 0 Monoculture of
8 Desert Broom
P 01
(Baccharis
I sarothroides.)
#
e*
rAl jA
04
Ab of
#,D
o 'OV
iP4 F
1011
�A
L OIL
coo
Monoculture of
Desert Broom
(Baccharis
sarothraides)
589::-49'-14"W. 2633,17fqca1Cd) S89'--4-9'- 14-k 5266 3ft(Muju'd) S 890 -49'- 14 W. 2 04 0 02ftf. ca Ic'd)
4, 1
— FO
--w
7OF
.row
AWL�'
i� Air
6,
AERIAL R[AL DATE' APRIL. 2008,
rJ Significant Vegetation (SV) Site Boundary (Determined by Field Verification on June 7, 2009)
Adjacent Parcels
2' Elevation Contours
100 Year FEMA Flood Limits
Pima County Designated Important Riparian Area XB (PC IRA XB)
0-11 Pima County Designated Important Riparian Area XC (PC IRA XC) NORTH 01 6001 )200'
Actual Riparian Area (ARA)
(Determined by Field Verification on June 7, 2009) FILE NAME: DKL-01-EXH[BIT3.DWG/INV1
8BDevelopment Capability Report 11-21
Marana Regional Landfill Specific Plan
Exhibit 11.E.3: Vegetation Densities
♦ r
-71
;
oo
R
wA,!i yy a
N89'-58'-00'E(Basis of Beafing),'5276.07f#(meas'd}
+ +
+ #
+ +
# #
+ + -
+ +
+ +
N89' -49'-39"E + +
1317,77ft(calc'd & meas'd) + +
+ +
+ + + + + + +
+ + + + + + +
+ + + + + + + +
+ + + + # + + +
E + + # + + + + +
+ + # + + + # +
p + + + + + + + +
+ + + +
CD F
+ + + + + + + + +
," + # + + + + + + + + + +
+ + + + + # + + # + + +
+ + + + + + + + + + + + + + E
t + + +• + + + + + + + F'F�E�Y + + + +
+ + . + + + + + + + + + # +
co
+ + + + + + + + +CULTIVATED + + + + +
+ + + + + + # + + + + + + +
+ + + + + # + + + + +
+ + + + + + + + + + + +,
+ + + + + + + + + + + + +
+ + + + + +
+ + + + + +'
C)
+ + + + + + + +
+ + + + + + + +
Lo
w + + + + + + + +
_ =°Cr + + + # + + + + +
o+ + + + + + +
t' + + if + # + + ++ + + + + +
+ + + + + + +
89:'-49'-14"VV, 2633.17ft(calCd) S89' --49'.14"M 5266, ft(muju'd) S 890-49'-14r'W. 2 04 0 0 ftf.calc'd)
}y .
.rte
� .� �y...lt°. '.',aa ' � .- _ ,'„moi #• ` -
- -'
i � .d'
.F;.,ems...
AERIAL GATE; APRIL 2008
LEGEND
r No
■ ■ J site Boundar � Low vegetation FORTH 0° 6D0r 1200'
Adjacent Parcels Medium Vegetation
kl
High Vegetation FILE NAME: D L -C 1 -EX H113ITS. DWG/ E 1
8BDevelopment Capability Report II -22
Marana Regional Landfill Specific Plan
F. Wildlife
Wildlife species found on the project site are most likely limited to those tolerant of intensive
agricultural uses and sparse on-site vegetation. Suitable habitants include mourning dove
(Zenaida macroura), American kestrel (Falco sparverius), and Northern harrier (Circus
cyaneus). Additional species that may exist on-site include coyote (Cannis latrans), black -
tailed jackrabbit (Lepus californicus), desert cotton -tailed rabbit (Sylvilagus audubonii), and
Arizona cotton rat (Sigmodon arizonae). Common reptilian species include Sonoran gopher
snake (Pituophis catenifer affinis), desert coachwhip (Masticophis flagellum) and various
whiptail lizards (Cnemidophorus).
1. Presence of State -Listed Threatened or Endangered Species
The Arizona Game and Fish Department's Online Environmental Review Tool was
accessed and current records show that there are five special status species that
have been documented within three miles of the project area. Table II5.1 below lists
the wildlife and plant species and their current status.
Table II.F.1: Special Status Species
Common Name
Scientific Name
ESA
USFS
BLM
State
Western Burrowing Owl
Athene cunicularia h pu aea
Sc
S
Tucson Shovel -nosed
Chionactis occipitalis klauberi
S
Snake
Western Yellow -billed
Coccyzus americanus
C
WSC
Cuckoo
occidentalis
Thornber Fishhook Cactus
Mammillaraia thornberi
SR
Texas Horned Lizard
Phrynosoma cornutum
Sc
Source: Arizona State Game and Fish Department
Definitions: ESA (Endangered Species Act), USFS (Forest Service), BLM (US Bureau of Land Management), State (Arizona
Department of Agriculture), SC (Species of Concern), S (Sensitive; those occurring on National Forests in Arizona which are
considered sensitive by the Regional Forests), SR (Salvage Restricted: collection only with permit.), WSC (Wildlife of Special
Concern in Arizona. Species whose occurrence in Arizona is or may be in jeopardy, or with known or perceived threats or
population declines, as described by the Arizona Game and Fish Department's listing of Wildlife or Special Concern in Arizona
(WSCA)
The burrowing owl is identified as a Sensitive Species and is addressed under the
Town of Marana's Draft Habitat Conservation Plan, (HCP) as well as the City of
Tucson and Pima County Draft HCP's. Burrowing owls are also protected by the
Federal Migratory Bird Treaty Act of 1918 and State of Arizona Revised Statute Title
17-235. The owl is known to nest in small mammal burrows and in unusual locations
such as erosion holes around irrigation canals, piles of concrete rubble, dirt piles,
banks along washes, and PVC pipes with an angled opening above the ground. A
qualified biologist will observe all burrows and holes described above, for the
presence of recent owl signs. They can be found in location as diverse as agricultural
fields or open land in urban areas. Due to this project site being located within
00 Development Capability Report II -23
Marana Regional Landfill Specific Plan
potential burrowing owl habitat, a burrowing owl survey will be completed 30 days
prior to ground disturbance.
The Town of Marana has also mapped this area as containing modeled habitat for the
Tucson shovel -nosed snake. The Tucson shovel -nosed snake is protected by Arizona
State law (ARS Title 17). In 2004, the United States Fish and Wildlife Service was
petitioned to list the Tucson shovel -nosed snake and to designate critical habitat. The
Tucson shovel -nosed snake has been found in areas of northern Pima County and
across Pinal County within xeroriparian scrub, creosote bush areas, Sonoran
desertscrub and mesquite bosques. Soil type is an important habitat features with
loose, sandy soils being suitable for the shovel -nosed snake habitat. The Town's goal
is to look for opportunities to obtain grants or support cooperators to conduct surveys
or research on Tucson shovel -nosed snakes.
2. High Densities of a Given Species
According to the Arizona Game and Fish Department, there is no evidence that high
densities of a given species exist within the project area.
3. Aquatic or Riparian Ecosystems
A small portion of the site does contain Important Riparian Area in the northwest
corner near the East Branch Brawley Wash and the eastern boundary near an
manmade drainage channel. These areas may have an ephemeral water source and
may at some time contain aquatic or riparian ecosystems.
00 Development Capability Report II -24
Marana Regional Landfill Specific Plan
G. Soils and Geology
1. Soils
The information provided in this section is based on best data available from the Soil
Survey for Pima County, Arizona, Eastern Part, 1999 and generalized soil maps
based on Soil Survey data available through Pima County Department of
Transportation. According to these sources, the site contains seventeen soil types.
Each of these types is generally composed of a loam substance. All on-site soils are
well drained, and are compatible with development, given the proper engineering
design. Specific structural considerations will be addressed during the development
permitting process. None of the soils posses a major hazard to erosion. Exhibit II.G.1
shows soils associations within the project area. The following descriptions from the
United States Department of Agriculture Natural Resources Conservation Service
(NRCS) Soil Survey for Pima County provide information about the characteristics of
each soil.
(a) Anthony Series
The Anthony series consists of well -drained sandy loams to gravelly sandy
loams or loams. These soils are found on floodplains and alluvial fans by
rivers and streams. Slopes of 0 to 5 percent and elevations ranges from
1,900 to 3,000 are common. The annual rainfall is 9 to 12 inches.
Anthony Sandy Loam (Ah B)
This soil occurs on broad alluvial slopes and fans in the Santa Cruz and
Avra Valleys. The content of gravel in the profile is less than 15 percent.
This soil type is usually found in areas of 1 to 3 percent slope. Runoff is
medium, and the hazard of water erosion is moderate.
(b) Cowan Series
The Cowan series consists of somewhat excessively drained loamy sands
and light sandy loams. These soils formed in alluvium and wind laid
material that has a high content of quartz and feldspar. The material was
deposited as low hills and ridges on valley plains and terraces. Slopes
range from 0 to 5 percent. Permeability of this soil is rapid.
Cowan Sandy Loam (Ct)
This nearly level soil is on low, windblown ridges in the Avra Valley. The
surface layer ranges from 6 to 16 inches in thickness. Runoff is slow on this
soil, and the erosion hazard is slight.
00 Development Capability Report II -25
Marana Regional Landfill Specific Plan
Cowan Sandy Loam. 0 to 1 percent slopes (CsA)
This soil occurs on ridges in the Santa Cruz and Avra Valleys. Runoff is
slow on this soil. The hazard of water erosion is slight, but in areas where
the cover is removed the hazard of soil blowing is moderate.
(c) Gila Series
The Gila series consist of well -drained soils that have a subsoil of loam and
very fine sandy loam. These soils formed in mixed material laid down by
water on floodplains and alluvial fans. Slopes are 0 to 3 percent and
elevation ranges from 1,860 to 2,400 feet.
Gila Sandy Loam (Ga)
This level and nearly level soil is on floodplains in the Santa Cruz and Avra
Valleys. Runoff is slow on this Gila soil, and erosion is not a hazard.
(d) Glendale Series
This series consists of well -drained silty clay loams or clay loams. These
soils formed in recent alluvium deposited on floodplains and valley plains.
Slopes are 0 to 1 percent. Elevation ranges from 1,860 to 2,400 feet, and
the annual rainfall is 9 to 11 inches.
Glendale Loam (Gd)
This nearly level soil is on floodplains of the Santa Cruz River and Los
Robles Wash. It has the profile described as representative of this series.
Runoff is slow on this Glendale soil, and erosion is not a hazard.
(e) Grabe Series
This series consists of well -drained loams, gravelly loams, and silty clay
loams. These soils formed in recent alluvium deposited on floodplains,
alluvial fans and valley slopes. Slopes are 0 to 3 percent. Elevation ranges
from 2,000 to 3,000 feet, and the annual precipitation is 10 to 12 inches.
Grabe Loam (Gh)
This level and nearly level soil is on floodplains and alluvial fans in the Santa
Cruz Valley. Runoff is slow and erosion is not a hazard.
00 Development Capability Report II -26
Marana Regional Landfill Specific Plan
Grabe Silty Clay Loam (Gm)
This level and nearly level soil is on floodplains of the Santa Cruz River and
its tributaries. The surface layer is silty clay loam 6 to 12 inches thick. Runoff
is slow and the hazard of erosion is slight or none.
(f) Pima Series
The Pima Series consists of well -drainage soils that formed in recent
alluvium deposited on floodplains. Slopes are 0 to 1 percent. Elevation
ranges from 2,000 to 3,000 feet and the annual rainfall is 10 to 12 inches.
Pima Silty Clay Loam (Pm)
This is the only soil in the Pima series mapped in the area. It is on
floodplains in the Santa Cruz and Avra Valleys. Runoff is medium on this
Pima Soil, and the hazard of erosion is slight or none.
(g) Pinaleno Series
The Pinaleno series consist of well -drainage soils that formed in alluvium on
old fans and terrace in the Avra Valley. Slopes are 1 to 5 percent. Elevation
ranges from 2,000 to 2,400 feet, and the annual rainfall is 9 to 11 inches.
Pinaleno Gravelly Sandy Loam, 1 to 5 percent slopes (PnB)
This is the only soil in the Pinaleno series mapped in this area. It occurs on
terraces and old alluvial fans in Avra Valley. Runoff is slow to medium, and
the hazard erosion is slight to none.
(h) Rillito Series
The Rillito Series consists of well -drained soils. These soils are on terraces
and terrace remnants above the Santa Cruz River. Slopes are 0 to 8
percent, and elevations range from 2,100 to 2,700 feet. The annual rainfall
is 9 to 11 inches. The frost free days vary from 240 to 280 days. The
vegetation is primarily creosote bush, annual weeds and grasses. Mesquite,
palo verde, and perennial grasses grow in some areas.
Rillito Gravelly Sandy Loam, 1 to 3 percent slopes (Rec)
This soil is on old terrace remnants and alluvial slopes in the Santa Cruz
Valley. Runoff is medium, and the hazard or erosion is light.
00 Development Capability Report II -27
Marana Regional Landfill Specific Plan
(i) Sonoita Series
The Sonoita Series consists of well -drained soils that have a sandy loam
and light sandy clay loam subsoil. These soils are formed on old alluvial
fans in mixed material that is high in quartz and feldspar. Slopes are 0 to 3
percent. Elevation ranges from 2,000 to 3,000 feet, and the annual rainfall is
9 to 12 inches.
Sonoita Sandy Loam, 0 to 1 percent slopes (SmA)
This soil occurs on alluvial fans in the Santa Cruz and Avra Valleys. Runoff
is slow, and the hazard or erosion is slight or none. Included in this soil in
mapping are small areas of Anthony, Cowan, Mohave, Tubac and Valencia
sandy loams.
Sonoita Loam (Sn)
This nearly level soil occurs on low alluvial fans in the Santa Cruz and Avra
Valleys. Runoff is slow and erosion is not a hazard. Included in this soil in
mapping are small areas of Estrella, Gila, Grabe, and Mohave loams.
Sonoita Sandy Clay Loam
This level and nearly level soil is on low alluvial fans in the Santa Cruz and
Avra Valleys. Included with this soil in mapping are small areas of Mohave
clay loam, Tubac sandy clay loam, and Vekol sandy clay loam.
(j) Tubac Series
The Tubac series are well drained soils that have clay subsoil. These soils
are formed in old alluvium on terraces and fans. Slopes range from 0 to 3
percent. Elevation ranges from 2,000 to 3,000 feet, and the annual rainfall is
9 to 12 inches. Permeability of these soils is slow.
Tubac Sandy Clay Loam
This soil occurs on soil terraces. In most places material formerly in the
upper part of this subsoil has been mixed with the original surface layer by
plowing. Runoff is slow and the hazard of erosion is slight or none.
(k) Valencia Series
The Valencia series consists of well drained sandy loams that overlie a
buried sandy clay loam subsoil. These soils are formed in alluvium on valley
plains and fans in the Santa Cruz and Avra Valleys. Slopes are 0 to 5
00 Development Capability Report II -28
Marana Regional Landfill Specific Plan
percent. Elevation ranges from 2,000 to 2,700 feet, and the annual rainfall is
9 to 11 inches. Permeability of these soils is moderately slow.
Valencia Sandy Loam, 0 to 1 percent slopes
This soil occurs on alluvial fans. Runoff is slow and the hazard of erosion is
slight to none.
Valencia Sandy Loam, 1 to 3 percent slopes
This soil occurs on alluvial fans. Runoff is slow and hazard of erosion and
soil blowing is moderate.
2. Soil Sampling
Cornerstone Environmental Group obtained two soil samples from the property on
Wednesday, March 24, 2010. The soil samples were analyzes for Organochlorine
Pesticides by EPA Method 8081 by Test America Laboratories of Phoenix, Arizona.
One sample was obtained from the northeast portion of the property while the second
was taken from the south side of the property, both in locations formerly cultivated for
agriculture.
DDT was not detected in either of the samples at any level. No compounds were
detected at levels at or above the ADEQ Residential Soil Remediation Levels.
3. Geologic Features
The site lies within the Santa Cruz River Basin and drains to the northwest. Geologic
conditions mapped at the site consist of alluvial materials including clay, sand, silt and
gravel.
00 Development Capability Report II -29
Soils
AhA- Anthony Sandy Loan, 0 to I percent slopes
Aw- Anway Silty Clay Loam
csA- Cowan Loamy Sand, 0 to I percent slopes
Ct- Cowan Sandy Loam
Ga- Gila Sandy Loam
Gd - Glendale Loam
GIS- Grabe Loam
Gm- Grabe Silty Clay Loam
LEGEND
Site Boundary
Jurisdiction Boundary
Parcels
ri
Marana Regional Landfill Specific Plan
Exhibit ll.G.1: Soil Associations
0 Pm- Pima Silty Clay Loam
PnB- Pinaleno Gravelly Sandy Loam, 1 to 5 percent slopes
RdB- Rillito Sandy Loam, 1 to 3 percent slopes
SmA- Sonoita Sandy Loam, 0 to I percent slopes
Sn- Sonoita Loam
So- Sonoita Sandy Clay Loam
TuA- Tubac Sandy Clay Loam, Oto 1 percent slopes
VaA- Valencia Sandy Loam, 0 to I percent slopes
F-1 'aB- Valencia Sandy Loam, 1 to 3 percent slopes
NORTH 0' 600' 1200
r=%=M====W1
FILE NAME: DKL-01-sofls.mxd
SOURCE: Pima County DOT GIG, 2009
Development Capability Report 11-30
Marana Regional Landfill Specific Plan
H. Viewsheds
1. Viewsheds Onto and Across the Site
Views onto the site consist of vacant land with little vegetation and an abandoned
agricultural field and irrigation ditches. The distant viewsheds across the site contain
little topography or vegetation. Looking south and east across the property, the Twin
Peaks and Safford Mountains are visible. Along the northeast boundary, the Tortolita
Mountains are in the distant viewshed. Looking west and northwest of the site, there
are distant views of the Silverbell Mountains.
See Exhibit II.H.1.a: Views and Exhibit II.H.1.b: Site Photos.
2. Visibility from Adjacent Off -Site Uses
Because there is little topography or vegetation, the entire site is visible from off-site
locations, with the highest visibility south of the site. The site is flat with little or no
obstructions to views.
00 Development Capability Report II -31
Marana Regional Landfill Specific Plan
Exhibit 11.H.1.a: Photo Key Map
LEGEND
Site Boundary
%))P- Phot ICS & location photo was taken
N -TTH Ce r,
F -T --,,] rmMmmemmmmill
FILE NAME: AT` 0"
h - t : I. — n, -11: r.
Development Capability Report 11-32
m
- Yp
r
Photo 5: View looking north along the eastern
I 1 / .1 •1
Photo 7: View looking east from the southern
boundary of the site.
Marana Regional Landfill Specific Plan
Exhibit II.H.1.b: Site Photos
Photo 6: View looking west along the southern
I 1 r .1 •1
Photo 8: View looking north at an existing well
located towards the southern boundary of the site.
Photo 9: View looking north along the western Photo 10: View looking west from the northwest
boundary of the site. corner of the site.
00 Development Capability Report II -33
Marana Regional Landfill Specific Plan
Exhibit II.H.1.b: Site Photos, continued
Photo 11: View looking southeast from the northwest Photo 12: View from the eastern boundary looking
corner of the site towards Twin Peaks Mountain south.
range.
00 Development Capability Report II -34
Marana Regional Landfill Specific Plan
I. Traffic Circulation and Road System
A Marana Regional Landfill Traffic Impact Study by Curtis & Lueck Associates has
been submitted under separate cover..
1. Existing and Proposed Off -Site Streets
The proposed landfill site is currently accessed by private roads. These private
roads provide access to residences and to agricultural land uses. Direct access
from the public roadway system to the proposed landfill must be provided by either
constructing one or more new roadways from the existing road network, or using an
existing private road. Based on the preliminary site plan, a new road to the
proposed landfill is proposed to intersect with Avra Valley Road. See Exhibit 11.1.1:
Roadways.
The access road from Avra Valley Road will be an 80 -foot wide, north/south, private
easement. Final design of this easement will be done at the time of development plan
to meet or exceed Town of Marana standards subject to Town Engineer approval. It
is anticipated that turn lanes will be recommended on and off of Avra Valley Road to
reduce the potential for conflicts along the high speed road. Avra Valley Road
currently serves a variety of vehicle types, including agricultural vehicles, such as
tractors, combines, and other related large vehicles.
00 Development Capability Report II -35
00000
ITU ..I
El Tiro Road
..I
0
0
0:1
. Q
M
Q
0
E
j2
Avra Valley. Road.,(1-0-6 ROW)__j
Marana Regional Landfill Specific Plan
,11111111IR
M■Oil h h
Exhibit 11.1.1: Roadways
LEGEND
One -Mile Radius Jurisdiction Boundary
NORTH C), 1,500, 3,000'
Scenic Corridor Streets (PC)
Site Boundary 80 -Foot Private Access Easement
FILE NAME: DKL-012raff1c.mxd
Parcels SOURCE: Pima County DOT GIS, 2009
lose%
Development Capability Report 11-36
Marana Regional Landfill Specific Plan
2. Existing Access and Rights -of -Way
A roadway inventory was conducted to obtain the following information:
■ Existing and Proposed Right -of -Way;
■ Whether or not said widths conform to minimum requirements;
■ Ownership;
■ Whether or not rights-of-way jog or are continuous;
■ Number of travel lanes and theoretical capacity and design speed for existing
roads;
■ Present average daily traffic for existing streets; and
■ Based on a preliminary visual assessment, a description of the surface
conditions of existing roadways providing access to the site:
Table 11.1.2: Roadway Inventory
Note: All roadways were constructed by Pima County. The existing ROW in the eastern section of Silverbell Road in the Town of Marano is less than 90 feet, the minimum ROW for a rural collector.
The minimum ROW in Pima County for a rural arterial or major collector is 150 feet.
1 The Town of Marano shows a 250' ROW in its Major Routes Right of Way Plan for Trico Road, although it is currently outside of its jurisdiction.
2 ADTs are from Pima County's Traffic Engineering database and are from 2007 and 2008.
3 Pima Association of Governments 2030 Regional Transportation Plan - Forecast Volumes
4 Source: "Town of Marano Procedures for Preparation of Transportation Impact Studies"
Avra Valley Road is a two-lane road east -west arterial south of the proposed landfill.
Its speed limit is posted for 55 mph in the vicinity of the project. From 1-10 it
continues west through the Town of Marana and through to Pima County into the
Silverbell Mountains.
Avra Valley Road is mostly level with a few horizontal curves along its mostly straight
alignment. It has paved, striped shoulders acceptable for bicycle use.
Trico Road is a two-lane north -south rural collector west of the proposed landfill. It
continues from Avra Valley Road north to Pinal Airport Road. It is posted for a 55
mph speed limit. It has paved striped shoulders on each side of the road, and is
located completely in unincorporated Pima County.
Silverbell Road is a two-lane north -south rural collector with unpaved shoulders north
of the project site. It is posted for a 50 mph speed limit near the project.
00 Development Capability Report II -37
ROW
Maximum (LOS
Pima County
Conformance
C/ LOS D) Daily
No.
Existing
MS&RP ROW
to Minimum
Service
Speed
Surface
Roadway Segment
Lanes
ROW
(Feet)
Requirements
Jurisdiction
ADTe
2030 ADT3
Volume'
Limit
Condition
Avra Valley Road - West of Trico
2
Varies (80'-
150
See Note
Pima County/
4,320
9,680
9,100/14,600
55
Good
Road
150')
Marana
Avra Valley Road - Trico Road to
2
Varies (80'-
150
See Note
Pima County/
5,490
9,290
9,100/14,600
55
Good
Sanders Road
150')
Marana
Trico Road - EI Tiro Road to
2
Varies (125'-
1501
See Note
Pima County
2,910
9,130
9,100/14,600
55
Good
Silverbell Road'
150'
Trico Road - Avra Valley Road to EI
2
Varies (125'-
1501
See Note
Pima County
21430
8,695
9,100/14,600
55
Good
Tiro Road'
150'
Silverbell Road - Trico Road to
2
Varies (55' to
150
See Note
Pima County/
1,180
9,612
9,100/14,600
50
Fair to
Sanders Road
65')
Marana
Good
Note: All roadways were constructed by Pima County. The existing ROW in the eastern section of Silverbell Road in the Town of Marano is less than 90 feet, the minimum ROW for a rural collector.
The minimum ROW in Pima County for a rural arterial or major collector is 150 feet.
1 The Town of Marano shows a 250' ROW in its Major Routes Right of Way Plan for Trico Road, although it is currently outside of its jurisdiction.
2 ADTs are from Pima County's Traffic Engineering database and are from 2007 and 2008.
3 Pima Association of Governments 2030 Regional Transportation Plan - Forecast Volumes
4 Source: "Town of Marano Procedures for Preparation of Transportation Impact Studies"
Avra Valley Road is a two-lane road east -west arterial south of the proposed landfill.
Its speed limit is posted for 55 mph in the vicinity of the project. From 1-10 it
continues west through the Town of Marana and through to Pima County into the
Silverbell Mountains.
Avra Valley Road is mostly level with a few horizontal curves along its mostly straight
alignment. It has paved, striped shoulders acceptable for bicycle use.
Trico Road is a two-lane north -south rural collector west of the proposed landfill. It
continues from Avra Valley Road north to Pinal Airport Road. It is posted for a 55
mph speed limit. It has paved striped shoulders on each side of the road, and is
located completely in unincorporated Pima County.
Silverbell Road is a two-lane north -south rural collector with unpaved shoulders north
of the project site. It is posted for a 50 mph speed limit near the project.
00 Development Capability Report II -37
Marana Regional Landfill Specific Plan
Below are ground photographs of the project area roadways.
Avra Valley Road, looking west. Project site is to the north.
L..J
Trico Road, looking north
00 Development Capability Report II -38
Marana Regional Landfill Specific Plan
Silverbell Road, looking southeast
Roadway Improvements
There are two projects listed in the adopted 2030 Pima Association of Governments
Regional Transportation Plan (PAG RTP) within the project area. These projects are:
• Avra Valley Road #1, Anway to Marana Town Limits, Widen Roadway,
Medium Period (2010-2020), Pima County, $23,850,000
• Avra Valley Road #2, West Town Limits to 1-10, Realign & Widen to 4 lanes,
Medium Period (2010-2020), Marana, $31,600,000
One project in the 2030 PAG RTP is a "reserve" project, indicating that funding and an
estimated time frame have not been identified for it:
• Silverbell Road #5, Sanders Road to West Town Limits, Widen to 4 lanes,
$1216501000
3. Existing and Proposed Intersections on Arterials within One Mile and
Most Likely to be Used by Traffic from this Site
The closest major intersection is Avra Valley Road/Trico Road (see Exhibit 11.1.3: Avra
Valley/Trico Intersection). It is approximately 1.3 miles southwest of the project site.
Trico Road is stop controlled at the intersection. There are a few other intersections
on arterials outside of the one -mile area that will likely experience site traffic, including
Silverbell Road/Trico, and Avra Valley Road/Sanders Road. Because Avra Valley
Road is projected to be the major route for access to the project, the 1-10/Avra Valley
Road intersections will also likely experience site traffic. See Exhibit 11.1.4: Recent
Ramp Volumes at 1-10 TI Intersection.
00 Development Capability Report II -39
Marana Regional Landfill Specific Plan
Exhibit 11.1.3: Avra Valley/Trico Road Intersection
i
0140140
qw.
10*
VOJP40db
Development Capability Report II -40
Marana Regional Landfill Specific Plan
Exhibit ILIA Recent Ramp Volumes at 1-10 TI Intersections
00 Development Capability Report II -41
Marana Regional Landfill Specific Plan
4. Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their
Connections with Arterial Streets, Parks and Schools
Both Avra Valley Road and Trico Road have striped paved shoulders. None of the
project area roads that are within one mile of the project site are designated on the
Tucson Bike Map as bike routes. There are no sidewalks or other pedestrian facilities
within the project area. It is unlikely that site traffic will include pedestrian or bicycle
traffic.
88 Development Capability Report II -42
Marana Regional Landfill Specific Plan
J. Recreation and Trails
1. Open Space, Recreation Facilities, Parks and Trails
As shown in Exhibit II.J, there are no parks within one mile of the project site. There is
one trail, Brawley Wash Trail, within one mile of the project site.
According to the Town of Marana's Park, Trail and Open Space System Master Plan,
the Brawley Wash Trail, located west of the site, is a Connector Trail.
00 Development Capability Report II -43
Marana Regional Landfill Specific Plan
Exhibit II.J.1: Recreation and Schools
If
0000
0.
0 0000'
•
EI TL o oad
�J
a0 ape
•
OIL
EM
� I
•
ME
0,
75
as
�
I
I �
y --------------- ---
LEGEND
0
O
Site BOLI11dal'AffisdiCti011 B LIlldal'y Prvl-used Trails
(LINe: 2010 NOPTH 0' 1,500' 3,000'
- -
One 1 -dile F adiLIS Marana School District Draft 1-darana Parks,
Trails and 01Yen
I:%ace 1-daster Plan) FILE I'd -AME: EKL-f-Il_schools_recreetion.mxd
: i -I E: F ima County CBOT CIS, 2009
�7%1
Development Capability Report II -44
Marana Regional Landfill Specific Plan
K. Cultural Resources
1. Location of Resources On -Site
In September and October of 2009, P.A.S.T. did an on -the -ground survey of the entire
subject property. Only isolated scatters of very small potsherds were found on the
majority of the site, characteristic of the agricultural use of the property and the overall
area. One previously identified prehistoric site (archaeological site AZ AA:11:28) was
confirmed to be on the property, with approximately 1 acre of the 8 total acre
archaeological site within the property boundary on the far northeast corner of the site.
This site is located within the area proposed to be set aside as natural open space,
and therefore will not be disturbed by the proposed landfill activities.
The onsite irrigation canals were inspected for their potential historic status. All canals
were identified to be characteristic of those built post 1960, and are therefore not
considered historic. No other historic resources were identified on site.
00 Development Capability Report II -45
Marana Regional Landfill Specific Plan
L. Existing Infrastructure and Public Facilities
1. Sewer
The closest sewer line is a gravity main in Moore Road two and one-half miles
northwest of the project site. Pima County Wastewater allocates system capacity at
the Marana Wastewater Treatment Facility to new developments on a first-come/first-
serve basis. However, this project will not connect to Pima County's Wastewater
system. See Exhibit II1.1: Existing Sewer Facilities.
2. Fire Service
The entire project site lies between the boundaries of the Avra Valley Fire District and
the Northwest Fire District. As depicted in Exhibit II1.2: Fire Service, the nearest fire
station (Aura Valley Fire District Station #191) is located at 15790 W. Silverbell Road,
approximately two miles northwest of the project site.
00 Development Capability Report II -46
Marana Regional Landfill Specific Plan
Exhibit ILLA: Existing Sewer Facilities
LEGEND
0 Manhole Covers Parcels
Sewer Network NORTH a 1/2 1 Mile
Jurisdiction Bouda
Interstate
IMMMI Site Boundary
MSewer Treatment Plant FILE NAME: DKL-0 I _sewer. mxd
SOURCE: Pima County DOT GIS, 2009
8BDevelopment Capability Report 11-47
oil
*sees
0 000
Trico Marana Road
■
mill
milli
ON: 1111LILIP:
MEN..,
Amillll
mgIM1111
IN W 11
HEil,'ll,
0 WINE
swim
ME
M MOM
11.1
■
[1011111 21titz"
0
.0
Zoo z
0ii
ii
on,
2
MEE.m
mom
•
4b
-
�z , r— '4, PYN� S;telEl
R-
kll
z ■King
77
'11111
oil
.
tog
. . . . . . . . . . . . .....
r�
4111111111111111
1111101111111
MEN
�_�����"�
NINE!
NINE!
1■11111111111111
111111111111111
•�__�_
2ok
�
WX11mom M M HI
ME
agg
z
Avra Valley Rad
o
ROME
-■
111
SEEN
1111111I WE
mom
W
LEGEND
0 Manhole Covers Parcels
Sewer Network NORTH a 1/2 1 Mile
Jurisdiction Bouda
Interstate
IMMMI Site Boundary
MSewer Treatment Plant FILE NAME: DKL-0 I _sewer. mxd
SOURCE: Pima County DOT GIS, 2009
8BDevelopment Capability Report 11-47
00010
40000'
El Tiro Road
0
IaE
Ell0,
SUOMI
0
E
CL
Marana Regional Landfill Specific Plan
NNW,
Av ra Ya I I ey
Exhibit II.L.2: Fire Service
I
NOW,
WENOW0 .10�
4�'46,4
LEGEND
Fire Stations
Jurisdiction Boundary
One -Mile Radius
Agra Valley Fire District
NORTH 0, 1,500' 3,000,
��`� ��
�1 Site Boundary
Northwest Fire District
FILE NAME, DKL-01
-public-facilities.mxcl
Parcels
SOURCE.- Pima County DOT GIS, 2009
Development Capability Report 11-48
Marana Regional Landfill Specific Plan
3. Water
As shown on Exhibit II.6.2 Existing Land Uses, there are two wells on the southern
portion of the site. The on-site well located near the southwest corner, well #618389,
is owned by Herbert Kai, and used for irrigation purposes. The other well, #618390, is
located toward the southeast corner of the site, it is also owned by Herbert Kai and
used for irrigation purposes.
4. Schools
There are no schools located within one mile of the project site. See Exhibit II.J.1:
Recreation and Schools. The nearest school is Roadrunner Elementary School,
approximately 2.5 miles west of the site at 16,651 West Calle Carmela.
5. Private Utilities
Electricity and telecommunications will be extended to the project site at the time of
development through agreements with individual utility companies. Natural gas will not
be required at the site. The following utility companies currently serve this area:
Electricity Trico
Telephone: Qwest Communications
M. McHarg Composite Map
Information regarding topography, hydrology, vegetation, wildlife and views has been
combined to form the McHarg Composite Map, displayed as Exhibit II.M.1. The purpose of
the McHarg Composite Map is to highlight areas that are available for development. Refer to
Section III Development Plan for more information on how the site plan responds to the site's
physical constraints.
00 Development Capability Report II -49
Marana Regional Landfill Specific Plan
Exhibit 11.M.1: McHarg Composite Map
V
%
J
N
4
L Z.
A�o --q
q OOOP
LEGEND
Mite Boundary
Adjacent Parcels
2' Elevation Contours
100 Year FEMA Flood Limits
+ Actual Riparian Area (ARA)
(Determined by Field Verification on June 7, 2009)
Significant Vegetation (SV)
(Determined by Field Verification on June 7, 2009)
High vegetation
� N
L7:ML:1
AERIAL DATE. APRIL 2008
NOPTH 600' 1200'
FILE NAME DKL-01-EXHI BITS- DWG jM POSITF I
Development Capability Report 11-50
N89%58'-OVJL'(&{sis of Bearing),
5276-07ft(rneeisd)
IV + + 4
+ + 4
IU
J
+ + 4
+ +
Monoculture of Mostly Dead
Mesquite Tree Bosque
+ +
+ +
(Prosopis species)
1960
+ +
(3) LAYERS: PC IRA
+ +
XC, ARA, & SV
1 317-77ft(calc'd & meas'd) + +
+ + + + + + + + +
AREA IN
.0
+ + + + + + PQ -1 C k6ARA
+ tlt�rt 0 rto Itu re of
on, c +
100 YEAR
FEMA FLOOD
+ +
+ + 4 + + +Klevuft Trees
LIMITS
E
+ Dead + + + + (I�rosqpi species)
C6
Wesfquit* + + + +
+ Trt+.es + + + + 1970
++ + + + + + + +
(P -r -oto -pt + + + + + + +
Manoculture of
+
01-1
COLq
. . . . . .
Desert Broom
+ +
A�R t OQTN
(Baccharis
+ +++++
I +
. . . . . . Dl�l OEP +C%11
serothroides)
+++ L
+ + + + + +1004YEAR +
+ + + + + co
+ + + +FEMA F+-0
+ + + +
+ + + + + L n�JITI-
T
+ + + + +
+ + +
+ + + +
+
+ + +
. . . . . . .
. . . . . . . (3) LAYERS., PC IRA
+ +
++ + + +
Alt4' ret
-r9�
XG, ARA, & SV+
+ + +
rov
+ + +
acgari +
AREA IN
DESIGNATED
+ + + +
++++++++
aftthroileo)
++++
E
100 YEAR
+ + + +
+ + +
FEMA FLOOD
+ + + +
+ + +
LIMITS Monoculture of + + + +
+ +
Monoculture of
Mesquite Trees
. . . .
. . . .
Desert Broom
LLj
(Prosopis
+ + + +
+ + + +
+ + + +
+ + + +
(BaGcharis
sarothraides)
species)
+ + +
+ +
+ +
+ + +
+ +
+ + + +
CD
+ + +
+ + +
+ + +
IPAD
+
- IMP
589"49'-14"W. 2633.17ft(calcd) S89'-49'-14" W, 5 266. 3 3ft(m en S89`x-49"ITY,', 2040.02fflcaldd)
LEGEND
Mite Boundary
Adjacent Parcels
2' Elevation Contours
100 Year FEMA Flood Limits
+ Actual Riparian Area (ARA)
(Determined by Field Verification on June 7, 2009)
Significant Vegetation (SV)
(Determined by Field Verification on June 7, 2009)
High vegetation
� N
L7:ML:1
AERIAL DATE. APRIL 2008
NOPTH 600' 1200'
FILE NAME DKL-01-EXHI BITS- DWG jM POSITF I
Development Capability Report 11-50
Development Plan
lmplementati"oii anAdministrati...,
W Operations Plan
Pima County c
Passive Water Harvesting Techniques �=
��Design�Introducti'011Facility g�
Permitted Uses 4.
Sale of Recycled Materials Circulation •I*t
•Development11
Stormwater Basins Specific Plan Land Use Concept Plan
Arizona Pollution Discharge Elimination System Permit
d c Surface Water and Evaporation Basins/Retention
o Natural Feature Preservation
Convenient Marana General Plan
Buffering, � Inspection Areas solar Energy
Town of Marana ¢, - ::;F: =, Solid Waste Disposal
Recycling Operations & Facilities CIO. cm O
Scale HouseCon
p� Development Capability
¢ Leachate Collection and Removal System Disposal Area
Permitting` cono "-Waste ScreeningSheds and Accessory Structures
Native Vegetation § Pima County Flood Regulations
CR
Sustainability Initiative �--� r, ;; Arizona Revised Statutes
Desert Scrub Species
Grandfathered Irrigation Rights ¢ cnr
�, d CD
� � rD Wash Protection
Permitted Uses � i Geosynthetic Clay Liner
Location Criteria �--� rD o Circulation
0 0
rD Piz
Natural Open Space -Z Environmental Protection Agency
Design Standards = �D � •
�� c � � �, R Drop-off Bins
Native Plant Protection- �--� ; Community
Prevent Wildcat Dumping ¢ Seedin � ° Im
Recycling
g Phasing Renewable EnergyI Surface Water Management
Liner Systemproposed Improvements � o= m � � Leachate Collection
El -�
Resource Recovery Area
Federal Regulations yard Waste Composting _
Specific Plan PrivatizedServices
S5:1_ ��5 2
Erosion Minimization - "' Planting Coon
�-Landscape Plan
Gas Monitoring Develo ment Regulatlons R �
Promote Conservation and Efficient Use of Services p Developmental Regulations
Maintenance and Administration Buildings
Site Anal sis
Indigenous peeies Environmental Compliance Access Road Disposal,rea �Solid Waste Di�posal Services Accessible specific plan
Construction and DemolMaterial Processing and Recycling
Site Analysis
wag Litter Control Disposal Area
�- Quality Control Circulation Buffering
marana
- c � Town of Marana Site Design
State Regulations c C c
LightingrD ID
1011a
Green Building Construction
Solid Waste Facility Plan ;:5 -
Environmental Public Drop-off Areas
Re
o� Community Individual Landfill Units
•Facilities� M-� panting Population Growth
Diesel
Arizona Registered Professional Engineer-= V.S. Fish R Wildlife Service
`° Trico Road
High Density Polyethylene Liner � y
Wash Preservation 5 Solar Energy
Site Plan �
E�: East Branch BrawleyWash Specific Plan��
�Srte Analysis Seeding Renewable Energy Generation
Hydrology � ' Technical ResearchGradin and Drainage Plans
Landfill Gas Control Facilities g Development Plan
Landfill Gas -to -Energy Facilities or Other Energy Recovery Facilities
Gas Regeneration Disposal Operations
Traffic Analysis
Sustainability Initiative
THE PLANNINGCENTER
"J o division of TPC Group, Inc.
Marana Regional Landfill Specific Plan
A. Purpose and Intent
The Marana Regional Landfill Specific Plan is designed to help meet the current and future
solid waste disposal needs of area residents and businesses. The Specific Plan provides a
method for applying standards and guidance to ensure that this development meets the
needs of the community while appropriately responding to and considering adopted plans,
adjacent development, the environment and site-specific conditions.
This Development Plan responds to the site analysis, technical research, and community
values through the use of regulations or controls to resolve any potential development -
related issues.
B. Relationship to Adopted Plans
1. Marana General Plan
The Town of Marana's General Plan was updated in 2007. The Land Use Plan
element provides an assessment of population growth and future growth trends. From
1990 - 2000, the General Plan reports that the Town experienced a 520% increase in
population growth and a 169% increase in population growth from 2000 - 2007.
Population growth is forecasted from 14,718 in 2000 to over 46,000 in 2010, and
nearly 100,000 in 2030. The significant increase in population presents additional
challenges to the Town in ensuring adequate planning for essential solid waste
disposal services to meet current and future demands.
The Marana Regional Landfill is located within the Planning Area boundary of the
Town's General Plan. Designed to help meet the current and future needs of the
Town, the Specific Plan establishes goals and polices that are in line with the Town's
General Plan and Strategic Plan. In conjunction with this application for rezoning, a
minor amendment to the Town of Marana General Plan from `Rural Density
Residential' to `Master Planning Area' will be required. A minor amendment shall be
approved at public hearing by the Town Council.
The Marana Regional Landfill is in agreement with the overall General Plan, including
the following highlighted goals, policies and actions:
General Plan Goal, Environmental Element: Promote Conservation and Efficient
Use of Resources
Marana's quality of life must be sustained for many generations to come. This can be
accomplished by recognizing that many resources can be reused and recycled
without negatively affecting the quality of life of Town residents. In some cases, this
means establishing new programs to educate residents about the consequences of
not reusing resources — for example, the increasing need to find additional landfill
space to accommodate discarded materials. Many building materials made from
recycled materials work as well as new products. Two examples are "rastra" blocks
made from Styrofoam and high grade carpeting made from recycled plastic bottles.
The Town should participate and promote these types of programs to help build a
00 Development Plan III -1
Marana Regional Landfill Specific Plan
green community. This approach is vital to marketing the Town's many amenities for
economic development as well as tourism.
o General Plan Policy: Promote Marana as a green community.
o General Plan Action: Adopt green community energy efficient standards for all
public projects and buildings.
o General Plan Action: Promote green community energy efficient standards for
private development projects.
o General Plan Action: Establish community education and outreach to inform
residents of the need to reuse and recycle.
o General Plan Action: Provide educational materials and promote incentives to
increase neighborhood participation in curbside recycling.
o General Plan Action: Use recycled materials and low technology materials
where appropriate in public facilities construction.
o General Plan Action: Reduce the use of non-renewable resources, and
develop local sources of renewable energy, water and materials.
o General Plan Action: Explore feasibility of using solar energy sources for
heating, hot water, and electricity in public facilities.
o General Plan Action: Review opportunities and provide incentives for
utilization of alternative and water systems and the use of green building
materials in building construction.
Specific Plan Conformance: The Marana Regional Landfill features a sustainability
initiative in which a recycling and compost drop-off location will be provided. Recycled
materials will be then be transported to a local recycling processing facility. This
amenity will also allow for customers to purchase and reuse recycled and composted
materials It will serve as an opportunity for area residents to practice sustainability by
allowing them to recycle materials they no longer need and purchase other materials
for reuse. These materials can be incorporated into green buildings for building
construction. In addition, this Specific Plan allows for solar energy farming and gas
regeneration, providing the community with renewable energy options to further the
Town's sustainability.
Items eligible for recycle and compost may include, but not limited to, recycling of
cardboard, glass, plastic, newspaper, construction materials such as concrete, wood,
drywall, and metals and compost of yard and garden trimmings. Ultimately, the goal is
to build a recycling processing facility on-site when warranted by future population
g rowth .
General Plan Goal, Environmental Element: Reclaim, Restore or Redevelop Land No
Longer Viable for Mining or Agriculture
Land is recognized as a valuable resource in its prime state. "Used" land is also of
value although it may need work to reclaim it for aesthetic, scenic or other productive
use... sites may need to be recontoured or reseeded to promote new vegetative
cover along the river banks.
00 Development Plan III -2
Marana Regional Landfill Specific Plan
• General Plan Policy: Reclaim land and restore to its natural condition.
• General Plan Action: Re-establish, restore, and revegetate former agricultural
land.
Specific Plan Conformance: The East Branch of the Brawley Wash portion that
intersects the site will be preserved as open space and re-established to its pre -
development state, providing valuable natural open space for the Community and
wildlife.
General Plan Goal, Public Facilities and Services Element: Plan for Future Service
and Facility Needs
New facilities and services needed to meet Marana's anticipated growth should be
identified in advance of program needs. Municipal systems and facilities should be
designed to meet ultimate capacity in order to avoid retrofitting and replacement
costs.
• General Plan Policy: Determine infrastructure and services needed to meet future
growth projections.
o General Plan Action: Evaluate population and economic development
forecasts to assess future demand.
o General Plan Action: Determine existing and ultimate capacity needs of
infrastructure.
o General Plan Action: Determine the Town's responsibility and capital costs for
providing infrastructure.
Specific Plan Conformance: The Marana Regional Landfill will help the Town to
meet its existing and future needs for solid waste disposal through a privatized
service.
General Plan Goal, Economic Development Element: Improve Efforts to Attract
and Support Businesses and Industries.
• General Plan Policy: Develop programs for Town investment and incentives to
promote jobs and services.
o General Plan Action: Proactively identify suitable locations and mitigation
measures to enable industry to locate and expand within the community while
avoiding conflicts with future residential development.
o General Plan Action: Work with area jurisdictions and the business
community to develop major business and employment centers at Marana
Regional Airport and Pinal Air Park.
Specific Plan Conformance: The Maran
furthering economic development in the Tc
industrial park is being planned near the
Providing industrial companies with a close,
their disposal needs will appeal directly to
additional selling point for the Park.
Regional Landfill will contribute to
vn of Marana. Currently, a 250 -acre
Marana Northwest Regional Airport.
inexpensive and long-term solution to
manufacturing firms, and provide an
00 Development Plan III -3
Marana Regional Landfill Specific Plan
2. Marana Strategic Plan 2009
The Town of Marana's Strategic Plan was adopted in 2009. Within the Community
Building Focus Area, the Strategic Plan considers the Town's anticipated solid waste
disposal needs and sets an action strategy to occur over the next two years:
Strategic Plan Initiative: Identify short- and long-term solutions to solid waste
disposal for the Town and its residents.
Strategic Plan Action Strategy: Develop an education and outreach program to
prevent wildcat dumping and preserve natural beauty; ensure adequate funding for
code enforcement, MPD and Courts for increased wildcat dumping.
Strategic Plan Action Strategy: Investigate the opportunities to develop
partnerships with public and private entities to ensure safe and consistent disposal of
solid waste.
Identify opportunities for transfer stations or other solutions to move solid waste to
appropriate disposal sites.
Review and provide recommendations on potential ability to franchise solid waste
contractors to Town Council.
Investigate public/private partnerships that develop revenue for the Town.
Specific Plan Conformance: The Marana Regional Landfill provides a long-term
solution to solid waste disposal for the Town and its residents. The landfill will
encourage safe solid waste disposal, providing a convenient, accessible alternative to
wildcat dumping and meeting the identified need of area residents.
C. Compatibility with Adjoining Development and Location
Restrictions
1. Adjoining Development Compatibility
As explained in the site analysis, the site for the Marana Regional Landfill is on vacant
land that was previously utilized for agricultural purposes. There is no adjoining
development to the project site; adjacent land uses consist of either vacant or
agricultural land.
This Specific Plan is sensitive to the viewsheds of area residents. Visual mitigation
will be achieved through landscaping, setback and screening requirements. Landfill
grading and revegetation strategies will be implemented as part of the closure phase
to provide additional visual impact mitigation.
00 Development Plan III -4
Marana Regional Landfill Specific Plan
Visual strategies will be implemented to mitigate visual impacts and create attractive
views of the landfill. The landform will be graded using a tiered step-up approach to
achieve a more natural look as opposed to an engineered landform. Detailed
strategies for visual mitigation can be found in the Development Regulations section.
Federal and Arizona Department of Environmental Quality (ADEQ) regulations protect
properties adjacent to the site and within the surrounding area from impacts from the
proposed landfill uses. In order to gain a permit to accept waste, ADEQ law requires
mitigation procedures and ongoing monitoring and inspections. These regulations
ensure that nearby properties are protected from excessive sound, and ensures that
odors and dust are controlled so as not to adversely impact surrounding properties.
00 Development Plan III -5
Marana Regional Landfill Specific Plan
2. Location Restrictions based on Federal and State Regulations
Federal and state regulations set forth specific criteria for determining the locations of
new landfills. The location for the Marana Regional Landfill was carefully selected
based upon the following set of criteria in addition to consideration of adjacent
developments.
The following section describes the location restriction demonstrations conducted
pursuant to 40 CFR 258.10 through 258.15. In addition, demonstrations are included
to address the state requirements of ARS §49-772.A.1 and 2.
a. Grandfathered Irrigation Rights
Regulations for solid waste facilities at Arizona Revised Statutes (ARS) §49-
772.A.1 require that approval for a Solid Waste Facility Plan (SWFP) not be
granted if there are grandfathered irrigation rights appurtenant to all or any part of
the site. According to the Arizona Department of Water Resources (ADWR),
there are two wells located on the landfill property which are associated with
irrigation water right # 58-109179.0002. This grandfathered irrigation right for the
landfill property will need to be abandoned as part of the landfill permitting and
replaced with an industrial groundwater withdrawal permit.
b. Floodplain Issues
Arizona Requirements
There are two primary floodplain issues that must be addressed in a SWFP. ARS
§49-772.A.2 requires that no part of a landfill facility seeking approval be located
within 1/2 mile of a 100 -year floodplain with flows in excess of 25,000 cfs. The
major floodplain area that Marana Regional Landfill is located within is the
Brawley Wash 100 -year floodplain. Based on review of the Brawley Wash
Floodplain Study (Simons, Li & Associates, Inc., 1996), the East Branch of the
Brawley Wash, which is adjacent to and downstream of the landfill, will
experience a flow of approximately 21,000 cfs for a 100 -year flood. The West
Branch of Brawley Wash passes west of the landfill and has a 100 -year flowrate
of approximately 21,000 cfs (Simons, Li & Associates, Inc., 1996). The two
branches of Brawley Wash converge more than 1/2 mile downstream of the landfill
to form Los Robles Wash (also known as Brawley Wash) with a 100 -year
discharge of 35,000 cfs. The Marana Regional Landfill is therefore not within 1/2
mile of a single watercourse with flows in excess of 25,000 cfs.
Federal Requirements
The second issue relating to floodplains is the restriction of 40CFR258.11
regarding location of a new or existing municipal solid waste landfill facility
(MSWLF), or lateral expansion of an existing MSWLF, within a 100 -year
floodplain. This regulation requires that if any part of an MSWLF is located within
a 100 -year floodplain, the unit will not restrict flow of the 100 -year flood, reduce
00 Development Plan III -6
Marana Regional Landfill Specific Plan
the temporary storage capacity of the floodplain, or result in washout of solid
waste.
The East Branch of the Brawley Wash floodplain impacts the site. A review of
the FEMA Flood Insurance Rate Map for the section shows that most of the site
is located within the East Branch Brawley Wash floodplain. The landfill will be
designed such that the 100 -year discharge is conveyed downstream without
raising the 100 -year water surface elevation more than 1 foot and will incorporate
flood protection and bank protection to prevent washout of solid waste during a
design storm flow in the East Branch of the Brawley Wash.
c. Airports
Another location restriction that applies to new landfills, existing landfills, or
lateral expansions of existing landfills relates to the potential for adverse effects
on aircraft safety. The regulations at 40 CFR §258.10 require that owners or
operators of all landfills within 10,000 feet of the end of a runway serving turbojet
aircraft (5,000 feet of the end of a runway serving only piston -engine aircraft)
make a demonstration that the site is designed and operated to not pose a bird
hazard to aircraft.
Cornerstone Environmental Group has reviewed the location and conducted an
analysis of the proposed landfill site with respect to nearby airports based on the
Phoenix Sectional Aeronautical Chart (USDOT 2007). The site is outside the
10,000 foot radius from the nearest runway end (12/30) at Marana Regional
Airport (AVQ).
The Marana Regional Landfill Specific Plan is in full compliance with Federal
Aviation regulations. No Scheduled Air Service exists at Pinal Airpark or Marana
Regional Airport. As such, regulations pertaining to Scheduled Air Service do not
apply. The Landfill creates no future impediments to obtaining Scheduled Air
Service or State or Federal Airport Development Grants.
Any studies related to the Landfill required by the Federal Aviation Administration
(FAA) will, by law and agreement, be funded by the Landfill Operator. Although it
has never been necessary before in Arizona, any aviation -related mitigation that
may be required in the future will be done at the Landfill Operators expense.
d. Wetlands
The Subtitle D regulations at 40CFR258.12 require that new solid waste landfills
may not be located in wetlands unless several demonstrations listed in the
regulation can be made. Site observations, review of aerial photography, and
review of site topography do not indicate the presence of any natural wetlands
areas as defined at 40CFR232.2 within the development area.
fNM
00 Development Plan III -7
Marana Regional Landfill Specific Plan
e. Holocene Fault
There are two primary issues relating to earthquake hazards that must be
addressed in the locations restrictions demonstrations of a SWFP. The
regulations at 40CFR258.13 require that new MSWLF units or lateral expansions
not be located within 200 feet of a fault that has experienced displacement within
Holocene time unless it can be demonstrated that an alternative setback distance
will prevent damage to the structural integrity of the MSWLF and is protective of
human health and the environment. The Arizona Geological Survey published an
Open -File report containing a compilation of available data on Quaternary faults
in Arizona (AGS, 1998). The Quaternary period encompasses the Holocene and
Pleistocene periods. This report showed that there were no known Quaternary
faults within 200 feet of the site and that the nearest Quaternary fault is the
Whitlock wash fault which is approximately 40 miles west-northwest of the landfill
site.
f. Seismic Areas
There are two distinct sources of earthquakes in Arizona. The first one is due to
rupture of neotectonic faults within the state, and the second source is due to
rupture of faults outside of the state (i.e., San Andreas Fault in Southern
California). According to Fellows (2000), twenty earthquakes greater than
magnitude 5 have been recorded in or near Arizona since 1850. The largest
earthquake (7.4 or greater on the Richter scale) that is known to have caused
extensive damage in southern Arizona occurred in 1887. The epicenter was
located in Sonora, Mexico. The earthquakes that can be generated from the
faults within the state have recurrence intervals in the range of 1,000 to greater
than 100,000 years.
40 CFR 258.14 states that "New MSWLF units and lateral expansions shall not
be located in seismic impact zones..." and that "Seismic impact zone means an
area with a ten percent or greater probability that the maximum horizontal
acceleration in lithified earth material, expressed as a percentage of the earth's
gravitational pull (g), will exceed 0.10g in 250 years. The Arizona Department of
Transportation published a report titled "Development of Seismic Acceleration
contour Maps for Arizona" dated September 1992. This report contained a figure
showing the PGA for 90% non-exceedance in 250 years for the State of Arizona.
The figure indicates that the Coefficient in percent g for the site is 0.07g which is
less than the 40 CFR 258.14 requirement of 0.10g.
g. Unstable Areas
The regulations at 40CFR258.15 defines unstable areas as locations susceptible
to natural or man caused events or forces that are capable of impairing the
structural integrity of containment structures at the landfill. Based on a review of
the regional geology and hydrogeology and the site reconnaissance, there is no
evidence of these types of conditions at the site.
00 Development Plan III -8
Marana Regional Landfill Specific Plan
D. Environmental Permitting
A complex and lengthy process of obtaining the necessary environmental permits and
agency approvals will follow the Specific Plan process. These permits and approvals
include, but are not limited to, the following:
• Arizona Solid Waste Facility Plan/Master Facility Plan Approval (AIDEQ);
• Title V Air Permit (PIDEQ);
• Groundwater Industrial Use Permit (ADWR)
• Aquifer Protection Permit (if evaporation ponds or injections wells are needed) (AIDEQ)
• State Archeological Clearance;
• US Fish &Wildlife and Arizona Game &Fish Biological Clearance;
• US Army Corps of Engineer's Approval 404 Approval;
• Town of Marana Flood Plain Administrator Approval (Floodplain Use Permit); and
• AZPDES Stormwater Permit.
Of the permits and approvals listed above, the primary operating permit for the proposed
landfill is the Solid Waste Facility Plan that includes provisions for all other environmental
permits and project approvals.
fNM
00 Development Plan III -9
Marana Regional Landfill Specific Plan
E. Solid Waste Facility Plan
The United States Environmental Protection Agency (EPA) regulates the siting, design,
construction, operations, financial assurance and closure/post-closure care of all landfills in
the United States. In 1991, the EPA adopted minimum nationwide standards for all solid
waste landfills. These standards are found at Title 40 of the Code of Federal Regulations
(CFR), Part 258 (40CFR258), and are also commonly referred to as Resource
Conservation and Recovery Act (RCRA) Subtitle D. In the early 1990's, the State of
Arizona adopted, by reference, all the requirements of 40CFR258. The permitting
mechanism for Arizona Department of Environmental Quality (ADEQ) is the Master Facility
Plan Approval (MFPA), which requires submittal of a detailed Solid Waste Facility Plan
(SWFP) that includes demonstration that the facility meets all of the standards of
40CFR258 and State of Arizona regulations at Arizona Administrative Code R18-13,
provides details on the design of the landfill facility, and provides a detailed operations plan
describing the proposed operation of the facility. The state's enabling statutes for SWFP
may be found in the Arizona Revised Statutes Title 49, Chapter 7 (ARS 49-762 et seq.).
The ADEQ permitting process starts after the Town of Marana has approved the land use.
After land use approval has been granted, a SWFP application will be submitted to the
ADEQ.
The SWFP contains information such as:
Operator information
Operating criteria
Operations plan
Contingency plan
• Facility Design
• Groundwater monitoring
• Landfill gas monitoring and collection
• Facility closure
• Post closure monitoring
fNM
00 Development Plan III -10
Marana Regional Landfill Specific Plan
F. Land Use Concept Plan
The Marana Regional Landfill land use concept plan responds to site-specific conditions
and environmental constraints as identified in the site analysis. Due to the significance of
the East Branch Brawley Wash, the portion of the wash that intersects the site,
approximately 34 acres, is designated as Open Space. Upon site construction, the portion
of the East Branch Brawley Wash intersecting the site will be restored to its natural, pre -
development state, returning the wash to a more natural flow area by slowing normal flows,
increasing channel capacity, improving riparian habitat and providing a valuable amenity to
wildlife and the community. The portion of the wash intersecting the site will be dedicated
to the Town of Marana within sixty (60) days following either the Opening Day or
completion of necessary improvements including, without limitation, levies, berms,
drainage and natural habitat restoration, whichever is later to occur.
Through the identification of site constraints, opportunities were identified for the active fill
area. The disposal area consists of approximately 430 acres, located in the center of the
site. A perimeter road, also serving as flood protection for the landfill, circles the active fill
area. See Exhibit III . F: Land Use Concept Plan.
The site is generally flat with much of it leveled for agricultural use. The initial phase of
development will include the southeast corner of the site for the development of the
administrative buildings, scales and other support buildings, and the southwest corner of
the site for the initial landfilling operation. The soil excavated from this portion of the site
will be used to create berms along the perimeter of the site.
Access will be provided by an improved 80 -foot private access easement. This easement
will run north/south from Avra Valley Road to the southeast corner of the site. Final design
of this private easement will be done at the time of development plan subject to the Town
Engineer approval to accommodate both private vehicles and larger commercial vehicles.
The administrative facilities will be located near the entrance in the southeast corner of the
site, consisting of approximately 23 acres of the site. Primary site development will include
construction of an administration building for site operations and a maintenance building to
provide support for onsite equipment. These buildings will be designed for the extended life
of the facility. Access roads and employee/visitor parking areas in the vicinity of the
administrative facilities will be paved.
Security will be controlled by providing access only through the entrance to the
administrative facilities area. A 5 -strand wire fence will control site security between the
property line and the landfill footprint. The perimeter fence will be installed during the
construction of the site facilities to restrict access to the landfill. Identification and no -
trespassing signs will be placed on the fencing at approximate 100 -foot intervals to identify
landfill property boundaries. Additionally, chain link fencing will be installed around the
maintenance area to further restrict access to equipment and personnel areas.
Upon arrival to the Marana Regional Landfill, customers will weigh in at the scale house in
the southeast corner of the site. The Recycling Area is located near the facility entrance to
allow for and to promote recycling. Convenient drop-off bins will be provided for the deposit
88 Development Plan III -11
Marana Regional Landfill Specific Plan
of recyclable items by local residents. This area is also designated for resource recovery
retail, as items including but not limited to yard waste composting and processing of
construction debris such as concrete, wood, drywall, and metals will be sold for resale. It
is anticipated that future demands may also warrant the development of a material
recovery processing facility.
Native plants will be placed along portions of the entrance area to provide an aesthetic
break and mask the operational activities of the facility. This proposed landscaping will
occur along the entrance roadway and near the administrative area. Landscaping will
consist of salvaged native plant material supplemented with nursery stock and be located
in the areas where slope conditions allow for additional plantings.
The project site will be bermed on the west and south boundaries of the site in the initial
phase of the landfill. The initial excavation of the first phase of landfill will provide the soil
for these berms. Breaks in the berms may be necessary for accommodation of the pass
through of any identified jurisdictional waters. These berms will be 15' high, with 3:1 side
slopes. A rock mulch will be applied to the surface and trees will be planted at
approximately 30 foot intervals along the outside slopes.
Due to existing drainage conditions, a continuous berm is not proposed north and east
sides of the site. Instead, a combination of flood control berming and revegetation is
proposed to enhance visual quality. Additionally, the large width of the East Branch of the
Brawley Wash, the vegetation within the wash and the great distance from the landfill
operation to the nearest residential area and nearest arterial road combine to mitigate the
views of the operation from off-site.
Stormwater Basins are established in the northwestern portion of the site as well as to the
west of the Facility entrance. A buffer and ancillary area 200 feet wide is located on the
southern and western portions of the property. This area will provide for visual mitigation
and relief from the development of the site. The disposal of waste is restricted from this
area. The total buffer area around the site comprises approximately 103 acres.
As per the Development Agreement, if the Opening Day does not occur by the tenth
anniversary of the execution and delivery of the Development Agreement, the Town shall
schedule a public hearing to determine compliance with the Owner's schedule of
development of the Landfill or to grant an extension of time or cause the Property to revert
to its former zoning classification of General Rural and rescind the industrial use permit in
accordance with A.R.S. § 11-832.
00 Development Plan III -12
State Trust Land
Vacant
PERIMETER
ROADIFLOO D
PROTECTION
STORMWATER
215'BUFFER &
BASIN
_-ANClLA-R-YAREL-
ti
RH
State Trust Land
Vacant
STORMWATER.
BASIN
PERIMETER ROAD
6k
PERIMETER
ON-SITE
DRAINAGE
CHANNEL
LIMIT OF WASTE
200' BUFFER &
AN Cl L LARY AREA
SCREENING
BERM
PERIMETER
OFF-SITE
DRAINAGE I
CHANNEL
XISTING
DI ERSION
BERM
15 BUFFER &
ANCILLARY AREA
RH
City of Tucson Owned
Vacant
OPEN
MAINTENANCE
�CDACE
BUILDING
RESOURCE
RECOVERY
61.
RETAIL AND
RECYCLE AREA
%.
SCALES
%
ADMINISTRATION
BUILDING
80'PRIVAT.E
ACCESS
RH
EASEMENT
State Trust Land
PROPOSED
Vacant
STORMWATER
BASIN
RH
Vacant
470' BUFFER &
ANCILLARY AREA
MAINTENANCE
BUILDING
RESOURCE
RECOVERY
RETAIL AND
RECYCLE AREA
SCALES
ADMINISTRATION
BUILDING
80'PRIVAT.E
ACCESS
EASEMENT
PROPOSED
ENTRANCE ROAD
Marana Regional Landfill Specific Plan
G. Phasing Plan
Permitting for the Marana Regional Landfill will occur prior to development of the first
phase. After the landfill is permitted by ADEQ, the initial unit will be constructed in the
southeast corner of the permitted area, certified by an Arizona registered Professional
Engineer as being constructed in accordance with permit requirements, and approved by
ADEQ to accept waste. All infrastructure, buffers and berms and buildings will be
completed during Phase I and prior to the start of business operations. The East Branch of
the Brawley Wash will also be restored to its pre -development condition during Phase I.
The landfill operational sequence will proceed from the southwest corner of the site, , and
proceed east and north following the requirements of the ADEQ permit for the site.
Individual landfill units will be constructed to provide approximately one to two years of
capacity before construction of the next unit is required. The individual landfill units will
vary dependent upon the amount of waste that is anticipated to be received; they are
designed to have a life span of 1-2 years. The average size is typically between 5 and 10
acres. Once the construction of any landfill unit is completed, certified by an Arizona
Registered Professional Engineer, and approved by the ADEQ, it will be opened for
disposal operations.
See Exhibit III.G.1: Phasing Plan.
00 Development Plan III -14
Marana Regional Landfill Specific Plan
Exhibit 11I.G.1: Phasing Plan
LEGEND
JSite Boundary NOWH 01 600, 1200'
Adjacent Parcels
Phase 1 FILE NAME: DKL-01 -EXHIBITS __SECOND
SUBMITALB.DWG/PHASING
Typical Fill Pattern (subject to ADE Q approval)
Development Plan 111-15
Marana Regional Landfill Specific Plan
H. Landfill Closure
The Marana Regional Landfill is anticipated to have a gradually increasing daily disposal
volume and an overall estimated service life of over 50 years. The ultimate life of the
landfill will vary, dependent upon economic and social conditions over its lifespan.
During the active life of the Marana Regional Landfill, Ownership will design, monitor and
operate the landfilling activities under authority granted by the several regulatory agencies
including the Town of Marana and ADEQ. During its operational life and for at least 30
years of post -closure, Ownership will be required to assure ADEQ that they have adequate
financial resources to operate, close and maintain the landfill. There are several financial
assurance mechanisms that are approved by the US Environmental Protection Agency
and the ADEQ that are available to the Ownership including certificates of deposits, bonds,
letters of credit and cash accounts. Each year, Ownership will be required to update costs
and demonstrate adequate financial resources to the ADEQ. The financial assurance
includes the cost to close the landfill and monitor the environmental safeguard systems.
These financial assurances are commonly several millions of dollars of coverage each
year of operations.
Within thirty (30) days after the fifth anniversary of the Opening Day, and within thirty (30)
days after each successive fifth anniversary date thereafter, Ownership shall deliver to the
Town of Marana a written calculation of the remaining Operation Life of the Landfill,
including an estimation of available remaining volume in the Landfill. Further, within thirty
(30) days after each anniversary of the Opening Day during the last five (5) years of the
Operation Life of the Landfill, Ownership shall deliver to the Town of Marana a written
calculation of the remaining Operation Life of the Landfill, including an estimation of
available remaining volume in the Landfill. Notification of the intent to close the Landfill
shall be sent to the Town of Marana at least ninety (90) days in advance of the anticipated
Closing Day.
Once the landfill reaches its design capacity and stops receiving wastes for disposal, the
landfill will be capped and reclaimed. The ultimate elevation of the landfill after it is closed
and capped will be a maximum of 2,145 feet. The ultimate height of the capped landfill is
165 feet from the existing elevation at the midpoint of the south property line.
At the end of the Operation Life of the Landfill, a closure plan shall be adopted for the
Property, subject to approval by ADEQ and following the requirements of Applicable Laws
for closure of municipal solid waste landfills. Ownership shall be responsible for all closure
and post -closure costs and expenses. At a minimum, the closure plan shall (i) provide that
perimeter berms be seeded and vegetated with native plant material that closely
resembles the surrounding desert unless prohibited by ADEQ, and (ii) provide for
Ownership to design and construct man-made habitats on the Property for burrowing owl
communities, for which habitat and construction shall be undertaken with the cooperation
and input of the ADEQ or Arizona state wildlife authorities.
00 Development Plan III -16
Marana Regional Landfill Specific Plan
Seeding for the final disposal area will only be done at specific periods of the year when
adequate rainfall can be expected. Straw and other mulch will be placed over the seeded
surface to help prevent soil erosion and to promote a cooler, more moist soil surface.
Vegetative species used in the reclamation effort will be indigenous species, desert scrub
species, and other small and mid -stature shrubs. With the exception of some planting and
revegetating around the administrative facility, all restoration activities will be accomplished
by seeding. The seed mixture will be integrated to include both woody and herbaceous
species, as well as cover crop. Where moisture is inadequate for the woody species, the
cover crop, grass species and scrub species will likely be dominant.
The closure plan will promote establishment of all seeded areas without significant
supplemental watering following plant establishment. Supplemental irrigation during plant
establishment will be by water truck, agricultural irrigation equipment or other temporary
measures. Passive water harvesting techniques will be utilized where appropriate to speed
the reclamation/establishment period and to promote native plant establishment and
viability.
00 Development Plan III -17
Marana Regional Landfill Specific Plan
I. Circulation
The Traffic Impact Study prepared by Curtis Lueck and Associates is intended to support the
land -use proposal for this rezoning project. The study addresses the potential traffic impacts
associated with the proposed Marana Regional Landfill. Any roadway improvements required
by the Town based on the findings of the Traffic Impact Study (as approved by the Town) will be
the responsibility of the developer.
A right turn lane will be provided on Avra Valley Road and the project entrance easement for
westbound -to -northbound turning movements. The storage length shall be 200 feet long, which
exceed Pima County minimum standards of 150 feet, in consideration of commercial vehicles.
A left turn lane will also be provided for left turns on Avra Valley Road to the project entrance
with the same length.
00 Development Plan III -18
Marana Regional Landfill Specific Plan
J. Open Space
The Development Capability Section of this Specific Plan identified the East Branch of the
Brawley Wash as an important riparian area. This Specific Plan is sensitive to the
surrounding environment and as such designated the portion of the East Branch of the
Brawley Wash that intersects the site as Open Space. Upon site construction, the East
Branch of the Brawley Wash will be restored to its natural, pre -development condition,
providing a valuable amenity for wildlife and the community. This portion of the East
Branch of the Brawley Wash will be protected from development and preserved as a
natural feature.
In addition to this feature, the entire site will be surrounded by open space buffer of varying
widths.
00 Development Plan III -19
Marana Regional Landfill Specific Plan
K. Landscape & Buffering
A 103 -acre buffer area is proposed around the perimeter of the site. Native plants will be
placed around the perimeter of the site and at the landfill entrance to provide an aesthetic
break and mask the operational activities of the facility. Landscaping will also occur along
the entrance roadway (80 -foot private access easement) and near the administrative area.
All landscape and screening treatments will be in compliance with the Town of Marana
Native Plant Ordinance and the landscape requirements per the Town of Marana Land
Development Code. Landscaping will consist of salvaged native plant material
supplemented with trees and hydrostock and be located in the areas where slope
conditions allow for additional plantings. Passive water harvesting techniques will be
utilized where feasible within the buffer and entrance areas.
To further mitigate any impacts to nearby property, earthen berms 15 feet in height will be
installed along the southern and western boundaries of the site in conjunction with the
initial phase of the landfill. The initial excavation of the first phase of landfill will provide the
soil for these berms. Breaks in the berms may be necessary for accommodation of the
pass through of any identified jurisdictional waters. These berms will be 15 feet high, with
3:1 side slopes. Trees will be placed at a ratio of a minimum of 30 feet apart and rock
mulch will be applied to the surface along the outside slopes. The trees will be irrigated for
a period of two (2) years. This irrigation period will ensure for establishment and initial
rapid growth of the trees.
In lieu of berming and due to existing drainage conditions, a continuous berm is not
proposed on the north and east sides of the site. Instead, a combination of flood control
berming and revegetation is proposed to enhance the visual quality. Supplemental
irrigation during plant establishment will be by water truck, agricultural irrigation equipment
or other temporary measures. An elevation of the proposed berms and cross section of the
perimeter buffer to be located along the south and west boundary is shown on Exhibit I I X:
Perimeter Berm Conceptual Design.
Ultimately, portions of the proposed landfill will rise above these berms and will be
somewhat visible from the nearest residential areas and from nearby roadways. However,
the distance between these areas is a mitigating factor, as is the existing vegetation
(especially the treeline). Additionally, the proposed landfill will be contoured and configured
to mimic more natural forms, and will not be a regular geometric shape as is currently seen
in older landfills in the area.
Additionally, the portion of East Branch of the Brawley Wash that intersects the project site,
comprising approximately 34 acres, will be restored to its natural pre -development
condition. This area will be designated as Natural Open Space, will be protected from
development and will ultimately be dedicated to the Town of Marana.
fNM
00 Development Plan III -20
i
0
CL
V
O
0
E
L
0
m
L
E
.i
0
a.
x
W
ILO
LU
J
LU
Lu
C)
J Lj
LU LL
LL W L!J
U. w OL
Fn ryo
OL
Z
0
v
w
CO)
W
LLLL
m
W
H
W
LU
CL
V -
CN
n
E
Q
0
C)
�
J
J_
CD
0
L.L
LTJ
W-
LLJ
L LI
L U J
LULl.l
f
U)
Lu
[
I
ILO
LU
J
LU
Lu
C)
J Lj
LU LL
LL W L!J
U. w OL
Fn ryo
OL
Z
0
v
w
CO)
W
LLLL
m
W
H
W
LU
CL
V -
CN
n
E
Q
0
C)
Marana Regional Landfill Specific Plan
L. Post Development Hydrology
The following information was provided by Cornerstone Environmental Group LLC.
The HEC -RAS software is being used to model proposed improvements to the East
Branch channel/floodplain. The proposed improvements would reduce the area of the
floodplain from the East Branch without adversely affecting adjacent properties. These
improvements consist of a combination of widening the channel, constructing an armored
levee on the side of the channel next to the landfill, and lowering the channel bottom in the
area where the channel is entirely within the project boundary. Currently, there is a
manmade channel adjacent to the eastern boundary of the property. The proposed
improvement would involve expanding this channel into the site property to increase its
capacity, thereby eliminating the overbank flows. China Draw will be re-routed around the
western perimeter of the site to join the East Branch, upstream of the confluence with the
West Branch.
See Exhibit III.L.1: Proposed Improvements.
The proposed improvements comply with local floodplain regulations. As a side benefit,
the final product will be a floodplain which is much more natural in character, with a broad
main channel which will be allowed to form braided minor channels under low flow
conditions as the floodplain/channels has undergone major alterations during the years of
agricultural activity on the project site. It is anticipated that the East Branch of the Brawley
Wash through the property will provide a transition area between the highly vegetated,
braided, natural stream at the East Branch/West Branch confluence and the channelized
low flow channel with broad flat agricultural floodplain to the south and east.
The Marana Regional Landfill will be designed to protect it from a 500 -year storm event in
the East Branch of the Brawley Wash. The interior of the landfill site will have a stormwater
drainage system to handle runoff from the landfill itself. Typically, a series of berms,
channels and basins are utilized to manage runoff onsite. Two detention basins are
proposed for the northwestern corner of the site which will collect onsite flows and release
them in a controlled manner, per local regulations. Temporary basins outside of the
currently developed landfill cells but within the permitted landfill footprint may be used as
an interim measure until development progresses to the northwest corner. The Arizona
Department of Environmental Quality (ADEQ) regulates landfill grading and stormwater
controls for landfill runoff as part of their permitting process. Since ADEQ permitting
requires zoning to be addressed before submittal, we have not developed detailed designs
at this point in time. However, the required stormwater controls to meet ADEQ
requirements will likely reduce discharge flow rates below existing conditions and in any
case will not exceed existing flow rates. ADEQ permitting requirements will also include
preparation of a Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI)
for coverage under an industrial Arizona Pollution Discharge Elimination System
(AZPDES) permit for the landfill sector. A Notice of Intent will be filed with ADEQ for
coverage under the AZPDES Construction General Permit (and the associated SWPPP
88 Development Plan III -22
Marana Regional Landfill Specific Plan
and NOI will be submitted to the Town for review and acceptance) for the initial
construction activity (i.e., before the site is opened for landfilling) as well as any additional
applicable future construction not covered under the AZPDES Industrial General Permit.
Since ADEQ permitting is required for the onsite grading and drainage, we propose to
consider ADEQ as the primary regulatory agency for review of onsite grading/stormwater
management, but will provide grading and drainage plans to the Town of Marana for
review and comment in parallel with the ADEQ permitting process.
00 Development Plan III -23
Im
'J
1%
"-7
Z& F5
zz�.4'
0�
.41 W,
LLJ
z
Ar
c
F
LU
Irk0
U.
IL
Lr-
< IN
z
LU
M
LU
Z
>
5% 0
OL
z
C)
LU
0
C6
0
w
CL
m
75
wyA
z
2 Z
Ld
Ld
LLJ
IQ3
-i
<
U
/ 4z)
w
LL&MIC - ON? TL m `VW% LAM W -W 2.0% -Ifla'Al IuVOm\OMOO - ir4,3FLdCnIFL-4 3j1% - Yw*Wm\A42Q1&jd 034\-J !Qrj
ti
u
am
Z
P
Z E
c
0,6
L411�
all
m z
5
m
u
6r)
m
75
wyA
z
2 Z
Ld
Ld
LLJ
IQ3
-i
<
U
/ 4z)
w
LL&MIC - ON? TL m `VW% LAM W -W 2.0% -Ifla'Al IuVOm\OMOO - ir4,3FLdCnIFL-4 3j1% - Yw*Wm\A42Q1&jd 034\-J !Qrj
ti
Marana Regional Landfill Specific Plan
M. Environmental Compliance
The Marana Regional Landfill facility will be designed to meet current local, state, and
federal requirements for solid waste disposal, groundwater protection, site drainage, vector
control, and site reclamation/revegetation. The state-of-the-art design will include a liner,
leachate management system, and a groundwater monitoring system. Only non -hazardous
solid waste will be accepted for landfilling at the proposed facility. In accordance with the
federal regulations, the disposal of liquid wastes, sludges and any hazardous waste as
defined and governed by the Resource Conservation and Recovery Act of 1976 (RCRA)
and as amended by the Superfund Amendments and Reauthorization Act of 1987, will be
prohibited.
1. Liner System
One of the primary environmental concerns with the operation of landfills is
contamination of the groundwater through leachate mitigation. This Specific Plan is
very aware of this environmental concern and has designated the Marana Regional
Landfill to provide the utmost protection to the area's precious groundwater
resources. The liner system to be used at the Marana Regional Landfill is considered
to be the Best Available Demonstrated Control Technology for a municipal solid waste
landfill facility. The liner design must be approved by Arizona Department of
Environmental Quality (ADEQ) before it can be constructed. The engineering design
of the facility will incorporate a "bottom liner system" to collect and recover leachate
from the landfill and prevent leachate from migrating out of the landfill. The liner will
consist of (from bottom to top):
• A Prepared Subgrade;
• A Geosynthetic Clay Liner- Bentonite clay sandwiched between two layers of
polypropylene fabric, resulting in a composite with an extremely low permeability
of 1 x10-� � cm/s, which swells greatly when wetted to seal potential leaks in
overlying layers of the liner system;
• A 60 -mil High Density Polyethylene (HDPE) liner- A flexible plastic layer made of
the same material used to make milk jugs, lead -acid car battery cases, molded
gasoline tanks, and thousands of other containers that hold foods, liquids, and
chemicals; and
• A 2 -foot Thick Operations Layer- Designed to cushion and protect the other
elements of the bottom liner system from the landfill waste placement operations.
• Alternative liner designs may be utilized as approved by ADEQ to provide
equivalent or greater protection than the landfill liner prescribed at 40 CFR
258.40.
The clay base with double liner system is the Best Available Technology to contain
any minute amounts of liquid that may enter the facility. The man-made components
of the bottom liner system are manufactured with a high level of quality control. The
liner system is installed by an experienced liner installer and tested both onsite and in
offsite laboratories to confirm the acceptability of the material and seams.
ffl Development Plan III -25
Marana Regional Landfill Specific Plan
The liner system is designed and constructed to create a barrier intended to be
impenetrable and able to contain the waste and any leachate that may form.
Operational practices will also be used in conjunction with the liner system to
minimize the generation of leachate. The waste stream will be monitored and
inspected to exclude bulk liquids from entering the Marana Regional Landfill. These
bulk liquids include such things as septic wastes, food process water, grease trap
wastes, and car wash grit trap wastes. By excluding these waste streams from the
municipal solid waste stream, the generation of leachate will be minimized. The
facility design will include provisions for treating these waste systems and the
resulting solidified wastes will not contribute to the generation of leachate. The landfill
operational practices will also include waste screening, compaction of the municipal
solid waste and the application of daily cover.
Part of the ADEQ approval process for a landfill includes submittal of a landfill
operations plan, which contains a documented waste screening program. Waste
screening refers to the practice of excluding unacceptable wastes from the wastes
that are shipped to the Marana Regional Landfill. Screening includes educating
customers about what are acceptable and unacceptable wastes. Screening also
includes random load inspections and observations of the waste stream at waste
transfer stations. All vehicles entering the site will be stopped at the scales. Scale
house personnel will be trained and certified to recognize potentially hazardous
materials. Any vehicle suspected of carrying hazardous waste will be directed to an
inspection area for a visual inspection by operations staff. Random inspections will
be also performed at the disposal areas. Trained spotters and equipment operators
will be on duty at the disposal area at all times that disposal is occurring and will
observe the waste material as it is being dumped. Any suspected hazardous
materials will be isolated and identified and disposed of appropriately. Site personnel
will be trained to recognize potentially hazardous waste. By excluding unacceptable
wastes from the landfill, potential groundwater pollutants are excluded from the
leachate.
2. Leachate Collection and Monitoring System
A leachate collection and removal system (ECRB) will be installed above the HDPE
unit of the liner system. The LCRS will consist of a piping system that collects
leachate percolating out of the waste and conveys the leachate to a sump where it
can be removed from the landfill. The LCRS will be designed and constructed so that
the depth of leachate over the liner never exceeds more than twelve (12) inches, and
the level within each sump will be monitored regularly. Leachate pumped from the
LCRS will either be used for dust control water on haul roads within the lined area of
the landfill or will be disposed of in an ADEQ approved lined leachate evaporation
pond.
8BDevelopment Plan III -26
Marana Regional Landfill Specific Plan
3. Surface Water Management
The Marana Regional Landfill will provide proper control and management of surface
water and will be designed to comply with ADEQ requirements. In addition, the
management system will comply with Town of Marana and Pima County flood
regulations, which require management of storm flows so that the quality, quantity,
and rate of run-off from the site do not vary widely from that now present. The primary
objectives of the storm water management plan are to:
• Route all run-off either through sedimentation ponds prior to discharge from the
site or design run-off control according to local flood control design standards to
prevent downstream/off-site scour and sedimentation.
• Divert run-on around the landfill.
• Provide drainage benches on the final landfill surface as required to direct flow off
of the landfill and minimize erosion.
• The landfill will be protected from flows on the adjacent East Branch of the
Brawley Wash to the east and West Branch of the Brawley Wash to the west. As
required by federal regulations, the design of the landfill and surface water control
facilities will be developed to keep flood water out of the landfill area, prevent
wash out of wastes from within the landfill, and not increase the water surface
elevation by more than one foot during a 100 -year storm event.
4.
Landfill Gas Monitoring
As part of design and compliance with ADEQ and US EPA's regulatory requirements,
a methane gas monitoring plan will be developed and implemented. The Landfill Gas
Monitoring System (LGMS) will include the installation of methane probes at the
property boundary or within the buffer zones between the landfill footprint and the
property boundary. These probes will be regularly monitored (at least quarterly). In
addition, continuous methane monitors will be installed in site structures.
5. Disposal Operations
Landfill operators will be responsible for overseeing that all wastes are unloaded in
the designated locations at the working face, which will be confined to the smallest
possible area. Minimizing the size of the working face encourages better compaction
and litter control. A compactor, dozer, or loader will be used for waste compaction.
Waste will be spread immediately after unloading to minimize blowing litter and to
keep the unloading area clear for additional loads. Compaction will generally be
carried out by spreading the waste in layers of approximately 8-12 feet. Typically,
three to five passes of the compaction equipment over the entire layer is suggested
for proper compaction. Individual layers of compacted wastes with a maximum
compaction thickness will be built up during the day to create a daily cell with a total
depth of approximately 12 feet. The actual width and length of the daily cell will vary in
proportion to how much waste is received.
8BDevelopment Plan III -27
Marana Regional Landfill Specific Plan
As required by EPA and ADEQ, at the end of each working day, a layer of at least 6
inches of daily soil cover material or an ADEQ-approved alternative daily cover will be
placed on all exposed waste. This daily cover minimizes potential for rainfall to
contact waste materials as well as providing control of litter, insects and rodents, and
odors. The waste will be compacted prior to the placement and compaction of the
daily cover. Daily cover soils will be obtained from onsite excavation and/or
stockpiles. A thicker cover, referred to as "intermediate cover," will be applied to any
area that will be idle for more than 180 days. A total soil thickness of approximately 12
inches will be provided wherever intermediate cover is required. The sideslope of
each phase of the landfill that is adjacent to a future phase will also receive a 12 -inch
thick intermediate cover to control litter and prevent erosion.
After the landfill reaches final permitted grades in an area, final cover will be applied
to that area in accordance with the requirements of the ADEQ permit. The final cover
surface will be planted with native desert plants and other erosion control treatments
to minimize erosion of the final cover, reduce run-off from the site, and visually
mitigate the landfill views from surrounding areas.
6. Litter Control Plan
A litter control plan will be implemented at the Marana Regional Landfill to control litter
and wind-blown debris on the landfill property and surrounding areas in accordance
with the review and approval by the Town of Marana. The Owner will be responsible
for keeping the Marana Regional Landfill in a clean and sanitary condition and work
with the adjacent property owners to pick up litter on adjacent properties resulting
from Landfill operations during the Operation Life of the Landfill. Particular attention
will be paid to the administration building, scale area, public disposal area, perimeter
fencing and drainage channels. The Owner shall follow applicable ADEQ regulations
relating to cover governing the active disposal areas.
The litter control plan for the Marana Regional Landfill will consist of a multi -faceted
approach to limit potential generation of litter and other wind-blown debris, capture
wind -blow materials close to the active area of the landfill, and regularly clean up litter
and wind-blown material from the site. Specific measures that will be incorporated into
the litter control plan include limiting the size of the active working face of the landfill
to as small of an area as possible for safe and efficient operations, providing cover of
the waste at the end of the working day, and limiting operations during high wind
conditions. To promote litter -free operation, especially in regard to traffic between the
Property and the Avra Valley Road — Interstate 10 interchange, the Owner shall
establish requirements for haulers to cover and secure loads (including charging
uncovered load fees), use commercially reasonable efforts to collect uncovered load
fees and ban haulers that chronically violate such requirements.
A litter control team will be assigned the task of maintaining all areas free of litter and
other foreign material on a daily basis. Extra personnel will be assigned for litter
control duties as needed. The landfill will also employ personnel to remove litter along
8BDevelopment Plan III -28
Marana Regional Landfill Specific Plan
the Property access drive to Avra Valley Road on a regular basis but not less than
once every thirty (30) days and employ personnel to remove litter along Avra Valley
Road from the intersection of Avra Valley Road and the Property access drive to the
Avra Valley Road —Interstate 10 interchange on a regular basis, but not less than
once every thirty (30) days.
All of these elements of the litter control plan will serve to limit generation of litter and
potential wind-blown debris. In addition, portable and/or fixed litter fences may be
installed and the configuration of the daily working face may be adjusted to
accommodate prevailing wind conditions and intercept potential wind-blown debris.
7. Evaporation Basins
Evaporation Basins are lined basins located within the site boundaries and outside of
floodplain limits, which may or may not be required to support the landfill operations.
If evaporation basins are required, the location and design of the basins will be
reviewed and approved by ADEQ. The purpose of the evaporation basins would be
to dispose of leachate and/or condensate generated and collected within the landfill
and which cannot be utilized in lieu of well water for dust control within the lined
landfill area. If evaporation basins are constructed, leachate and/or condensate
collected from the landfill LCRS sumps or landfill gas collection system, respectively,
would be piped or transported by water truck to the evaporation basins and allowed to
evaporate as described in Section III.M.2 of the Specific Plan.
8. Monitoring Wells
A network of monitoring wells will be used to detect potential contamination, which
allows for mitigation before any contaminants can migrate downgradient, well before
any contamination could reach the aquifer.
8BDevelopment Plan III -29
Marana Regional Landfill Specific Plan
N. Cultural Resources
A Class I and Class III survey are required to proceed with development of the site. A
Class I survey has been submitted under separate cover and the Class III survey will be
provided at the development plan stage. There is a single identified archaeological
resource area on the property (AZ AA: 11:28), at the far northeast corner. As this area is
proposed to be set aside as natural open space, no disturbance is proposed for this site. In
the event cultural remains, including human or funerary remains, are discovered on-site, all
ground -disturbing activities shall cease, and the Arizona State Museum shall be notified
immediately (per Arizona Revised Statutes §41-844 and §41-865).
O. Wildlife Habitat
Human -created artificial burrow systems have become a proven method for creating and
replacing burrowing owl habitat. Translocation sites can be embedded in a variety of
landscapes, including a landfill that has undergone closure. In recognition of the need for
creating burrowing owl habitat, upon closure of the Landfill, the Owner will design and
construct man-made habitats on the Property for burrowing owl communities. Habitat
design and construction shall be undertaken with the cooperation and input of the ADEQ or
Arizona state wildlife authorities.
P. Habitat Conservation Plan
The Town of Marana's Habitat Conservation Plan (HCP) maps endangered species and
outlines conservation and mitigation strategies. The overall objectives of the HCP include:
• Facilitating compliance with the Endangered Species Act for planned urban
development and capital improvement projects;
• Promoting achievement of regional economic objectives including the orderly and
efficient development of certain lands, while recognizing property rights and legal
and physical land use constraints; and
• Complementing other regional conservation planning efforts such as Pima County's
Sonoran Desert Conservation Plan and the City of Tucson's HCP project.
A draft of the HCP became available for public review in 2009. Because the Marana
Regional Landfill property was not annexed until 2010, the site was not included in the
draft document. However, Ownership of the Marana Regional Landfill recognizes the
conservation importance of the HCP and agrees to enter into the Town's HCP on the
Opening Day of the Landfill or at an earlier date agreed upon by Ownership and the Town.
8BDevelopment Plan III -30
Marana Regional Landfill Specific Plan
Q. Public Services
1. Police Service
The project site will utilize the Town of Marana's police service. The nearest Town of
Marana police station is located approximately 4.5 miles northeast of the project site.
2. Fire Service
The nearest fire station is Avra Valley Fire District Station #191, which is located at
15790 W. Silverbell Road, approximately two miles northwest of the project site.
However, preliminary correspondence with the Northwest Fire District has indicated
that the District has expressed interest in annexing this area into its fire district.
8BDevelopment Plan III -31
Marana Regional Landfill Specific Plan
R. Utilities
1.
Water
The water supply for the Marana Regional Landfill will be provided by onsite wells for
construction water, dust control, equipment washing, fire suppression, and other non -
potable uses. This project does not have an assured water supply. Potable water and
fire flow requirements for this development are the sole responsibility of the
developer. Potable water will be provided either by onsite wells or bottled water.
Bottled water is intended for drinking water use only in the event it is determined that
the well water is not of drinking water quality. Sanitation water will be provided from
on-site well water.
2. Wastewater
The anticipated wastewater needs for the facility will be minor and an onsite treatment
system, such as a septic tank, will be installed to provide service to the maintenance
and administration building. It is anticipated the septic system will service
approximately 8 to 12 employees and occasional visitors. The septic system will be
designed, installed, and maintained in accordance with ADEQ and Pima County
Department of Environmental Quality (PCDEQ) rules and regulations. Wastewater
facilities will be designed such that, if available in the future, they could be connected
to the Pima County Wastewater Management Department sewer system for eventual
treatment at a public wastewater treatment plant.
3. Other Utilities
Trico Electric Cooperative provides power to this area of Pima County. It is
anticipated that Trico will provide power to the site. In the event that Trico cannot
provide power, an onsite generator will be installed.
It is anticipated that Quest Communications will extend phone service to the site.
Alternatively, the site may use wireless communications that can be provided by any
number of service providers.
Natural gas service will not be required at the site. Should natural gas service be
required in the future, it is anticipated that service would be provided by Southwest
Gas.
Overall, the impact to public service providers is minimal. Given the site is utilizing
septic and onsite wells; there is no usage of public wastewater or water suppliers.
Electric and telephone service will be minimal for the administrative and security
function for the site.
8BDevelopment Plan III -32
con
C
0
'ao
a.�
Development Plan �
Implementation and Administration
Operations Plan
Pima County c
Passive Water Harvesting Techniques �=
yDesignFacilit Parkin-
Permitted Uses Sale of Recycled Materials Circulation
t Plan
Stormwater Basins Specific Plan Land Use Concept
Arizona Pollution Discharge Elimination System Permit
d c Surface Water and Evaporation Basins/Retention
0 Natural Feature Preservation
Convenient cM `8 o Marana General Plan
Buffering, Inspection Areas solar Energy
Town of Marana ¢, �- � ' �, Solid Waste Disposal
Recycling Operations & Facilities co CM O
Scale Housep� Development Capability
¢ Leachate Collection and Removal System Disposal Area
Permitting U o ' Waste Screenin Sheds and Accessory Structures
Native Vegetation Pima County Flood Regulations
CR
Sustainability Initiative�--� r, Arizona Revised Statutes
-2 9 : ' Desert Scrub Species
Grandfathered Irrigation Rights ¢ cnr
�, d CD
� M Wash Protection
Permitted Usess-=--. � � . � � � Geosynthetic Clay Liner
Location Criteria M �, o Circulation
0 o PS
Natural Open Space -Z ('D � Environmental Protection Agency
Design Standards P �D •
�- � �� � c � � �, P0 Drop-off Bins
Native Plant Protection- �--� ; Community '
Prevent Wildcat Dumping ¢ Seedin p' � ° rD � Recycling`
Seeding o
Phasing Renewable Energy'' � Surface Water Management
Liner Systemproposed Improvements =—. � � Leachate Collection
ej �
�,Resource Recovery Area,.,..�
Federal Regulations yard Waste Composting _
Specific Plan PrivatizedServiees°c>
Erosion Minimization Planting4-Landscape Plan
Gas Monitoring Develop ment Regulations � �
Promote Conservation and Efficient Use of Services Developmental Regulations
Maintenance and Administration Buildings
Site Anal sis
Indigenous peeies Environmental Compliance Access Road Disposal Area�Solid Waste Di�posal Services Accessible specific Plan
Construction and DemolMaterial Processing and Recycling
Site Analysis
Litter Control Disposal Area n"
�- Quality Control Circulation Buffering
Maiana
- � Town of Marana Site Design
State Regulations o C c
LightingID
1011a
Green Building Construction
Solid Waste Facility Plan -
Environmental Public Drop-off Areas
Re
o� Community Individual Landfill Units
•Facilities� M-� panting Population Growth
Diesel
Arizona Registered Professional Engineer-= U.S. Fish R Wildlife Service
`° Trico Road
High Density Polyethylene Liner � y
Wash Preservation 5 Solar Energy
Site Plan �
E�: East Branch BrawleyWash Specific Plan��
�Srte Analysis Seeding Renewable Energy Generation
Hydrology � ' Technical ResearchGradin and Drainage Plans
Landfill Gas Control Facilities g Development Plan
Landfill Gas -to -Energy Facilities or Other Energy Recovery Facilities
Gas Regeneration Disposal Operations
Traffic Analysis
Sustainability Initiative
0
a.�
v
Introductiull ca
Development Capability
iaew-W01,14VA 9THEPLANNINGCENTER
� o division of TPC Group, Inc.
Marana Regional Landfill Specific Plan
A. Purpose and Intent
These regulations will serve as the primary mechanism for the implementation of the
Marana Regional Landfill Specific Plan. The Marana Regional Landfill Specific Plan
Development Regulations apply to the development of buildings, landscape borders and
performance criteria for all permitted uses within the Specific Plan. The regulations
contained within this section provide visual mitigation strategies to ensure appropriate
transitioning to surrounding development.
These development regulations apply to the 590 acres of land in the Marana Regional
Landfill Specific Plan. Land use designations within the Specific Plan shall be as follows:
■ Industrial (I)
■ Open Space (OS)
The development regulations will govern and provide regulatory zoning provisions for the
land use intensities and location criteria within the Marana Regional Landfill Specific Plan.
This section includes standards related to land use, building setbacks, height restrictions
and lot coverage. The intent of these standards is to establish clear minimum
development regulations, allow for the orderly progression of development, and to provide
flexibility over time without compromising the goals and objectives for this specific plan.
B. General Provisions
1. Applicable Codes
If an issue, situation, or condition arises that is not addressed by this Specific Plan,
the applicable portions of the Town of Marana Land Development Code that are in
place at the time of development shall apply.
All construction and development within the Specific Plan area shall comply with
applicable provisions of various codes and regulations adopted by the Town of
Marana including, but not limited to, mechanical codes, electrical codes, plumbing
codes, fire codes, and grading and excavation codes current at the time of
development.
2. Additional Uses
Whenever a use has not been specifically listed as being a permitted use in the
particular zone classification within the Specific Plan, it shall be the duty of the Town
Planning Director to determine if said use is consistent with the intent of the
designation and compatible with other listed permitted uses.
Development Regulations IV -1
Marana Regional Landfill Specific Plan
C. Development Standards
1. Land Use Standards
a. Industrial (I)
Purpose
The purpose of the I zone is to provide for those landfilling and ancillary
uses that supply an essential service to the public. These uses require
outdoor activity and/or storage.
Permitted Uses
Solid Waste Disposal
Recycling Operations & Facilities
Composting Operations & Facilities
Scale House
Maintenance and Administration Buildings
Construction and Demolition Material Processing and Recycling
Material Recovery Facilities
Resource Recovery Retail
Landfill Gas -to -Energy Facilities or Other Energy Recovery Facilities
Renewable Energy Generation
Landfill Gas Control Facilities
Surface Mining
Other similar uses as deemed appropriate by the Town of Marana
Planning Director
Accessory Uses
Public Drop-off Areas
Parking Areas
Inspection Areas
Surface Water and Evaporation Basins/Retention
Stormwater Basins
Sheds and Accessory Structures
Water Wells and Holding Tanks
Diesel Facilities
Landfill Gas Control Facilities
Uses Prohibited
Hazardous Material Disposal
Development Regulations IV -2
Marana Regional Landfill Specific Plan
Development Standards Industrial
Minimum Lot Area: None
Maximum Lot Coverage: None
Maximum Floor Area Ratio: None
Maximum Building Height: 40 feet
Maximum Elevation: 2,145 feet above mean sea level (the maximum
height will be approximately 165 feet from the existing elevation at the
midpoint of the south property line)
Maximum Average Height of Landfill: 135 feet
Fill Area (area of active landfilling) Setback: 200 ft.
Minimum Building Setback from Property Line: 100 ft.
Minimum Building Setback from any Interior Drive: None
Building Separation: Per Building Code
b. Open Space (OS)
Purpose
The purpose of the OS zone is to provide for the restoration and
preservation of the East Branch Brawley Wash and allow for buffer zone
adjacent to surrounding properties.
Permitted Uses
Permitted uses include the following:
Trails
Stormwater Basin
Drainage Channels
Screening Berm
Perimeter Road
Landscaping
Evaporation Basins (outside of floodplain areas)
Development Standards
Minimum Lot Area: None
Minimum Lot Depth: None
Minimum Lot Width: None
Maximum Lot Coverage: None
Development Regulations IV -3
Marana Regional Landfill Specific Plan
2. Parking
Parking requirements
The Marana Regional Landfill shall comply with the Land Development Code, Title
22 Off -Street Parking and Loading requirements, with the following exceptions:
Parking for the Administrative Office is to be provided as follows:
• 1 space/200 square feet; minimum of 4 spaces
• Parking area landscaping and vehicle screening shall not be required.
• Parking for the Recycling Facility and Resource Recovery Retail is to be
provided as follows:
• Minimum three (3) spaces are required for each of these uses.
• Parking area landscaping and vehicle screening shall not be required.
For the purposes of this Specific Plan, waste disposal (either into the landfill itself or
into roll -off bins in the entrance area) and pick up of roll -off containers does not
constitute loading and does not require off-street loading space.
No designated loading spaces are required by the Marana Regional Landfill Specific
Plan. If off-street loading is provided, the spaces will comply with the Land
Development Code, Title 22 Off -Street Parking and Loading Requirements, with the
following exceptions:
• Dimensions of off-street loading spaces will be a minimum of 12 feet wide by
55 feet long.
• Parking area landscaping and vehicle screening shall not be required.
3. Lighting
Lighting at the Marana Regional Landfill shall comply with the Town of Marana
Outdoor Lighting Code.
4. Signage
The following signs are required:
• A sign at the site entrance indicating the name of the facility, name of the
operating authority, hours and days of operation and price rates. A sign at the
entrance to the landfill prohibiting hazardous and other unacceptable wastes.
Traffic control and safety requirement signs located at and near the entrance
to the facility as required. No -trespassing signs placed on the fencing at
approximate 250 -foot intervals to identify landfill property boundaries.
Development Regulations IV -4
Marana Regional Landfill Specific Plan
• All signage will comply with Title 16 of the Town of Marana Land
Development Code.
5. Wash Protection
The portion of the project site that intersects with the East Branch Brawley Wash
was designated as Important Riparian Area by Pima County Regional Flood Control
District. This area was verified as Actual Riparian Area in the Site Resource
Inventory conducted on June 7, 2009. Because of the environmental significance of
this wash, this Marana Regional Landfill Specific Plan protects and maintains the
portion of the East Branch Brawley Wash as Open Space.
D. Visual Impact Mitigation
During the active life of the landfill, visual impact mitigation will be achieved through
landscaping, buffering and screening. Landfill grading and revegetation strategies will be
implemented as part of the closure phase in order to provide additional visual impact
mitigation after the landfilling has been completed.
• Two main treatments are proposed for mitigating visual impacts of the solid
waste footprint landform: Grading the landfill with peaks and valleys to make
the landform appear more natural.
• Applying an ADEQ-approved erosion control layer to the surface of the final
cover to resist erosion of the final cover and enhance the aesthetics of the
landform. This erosion control layer may consist of a mixture of rock and soil
to support the growth of natural ly-occuring desert plants and application of a
hydroseed mix of native species may be utilized where appropriate to
encourage revegetation of the final cover surface. The final cover design will
be submitted to ADEQ for approval under the requirements of 40 CFR 258.60
(a) or (b)."
The landfill and revegetation strategies are:
• The Arizona Department of Environmental Quality (ADEQ) regulates landfill
grading as part of their permitting process, setting the maximum side slope
gradients at 3:1 and the minimum gradient on top of the solid waste landform
at 33:1. These gradients are set in order to minimize erosion of the soil cover,
provide slope stability and reduce ponding over the waste disposal area.
• The solid waste footprint will be graded into various peaks. Elevations for the
peaks will not exceed 2,1857
.
• Shallow valleys will be graded between the peaks so as to appear like natural
drainages from distant views.
• At the time of closure, the landfill will be covered with an erosion control layer
as approved by ADEQ which, in addition to erosion control will give an
Development Regulations IV -5
Marana Regional Landfill Specific Plan
aesthetic treatment of the final cover soil. Revegetation will be accomplished
through volunteer growth and/or a native hydroseed mix.
E. Landscaping and Screening Guidelines
The intent of these standards is to preserve those areas with the highest riparian habitat
value and revegetate the landfill footprint and other disturbed areas. In accordance with
the Land Development Code, Title 17 Environmental Resource, Native Plant & Landscape
regulations, a Native Plant Permit shall be obtained from the Town of Marana. At that time,
an appropriate Native Plant Inventory methodology will be administered to determine the
set-aside, preservation -in-place, salvaged and/or transplanted on-site ratios or amounts.
During the active life of the landfill, the Marana Regional Landfill Specific Plan will comply
with the standards contained in the Land Development Code, Title 17 Environmental
Resource, Native Plant & Landscape, except as provided herein. No other landscaping
requirements shall apply. Within the interior of this Specific Plan, no screening is required
between uses.
1. Landscape Buffers
Landscape buffers will be used in the Marana Regional Specific Plan to serve as
landscape screens to mitigate visual impacts, provide a landscaped setback to
reduce noise, physically separate from adjacent land uses, and provide an aesthetic
transition between adjacent compatible land uses. Landscape buffers will be
implemented in Phase 1 of the site development. Viable native desert plants will be
transplanted from the landfill area to the open space land use. Existing and salvaged
vegetation will be supplemented with drought resistant, low water use plants that
meet the requirements of Title 17 of the Land Development Code. A plant list has
been provided in Table IV.E.1.b. Passive water harvesting measures will be
implemented where feasible. The following landscape buffers (Table IV.E.1) shall be
required by the Marana Regional Landfill Specific Plan. Temporary landscape
irrigation will be provided for the establishment of the vegetation.
Development Regulations IV -6
Marana Regional Landfill Specific Plan
Table IV.E.1.a: Landscape Buffers
Buffer
Type
Components
Other Uses Allowed within
Location
Landscape Buffer
Northern
200 -foot
Natural desert vegetation will be
Perimeter Road;
border of
minimum
used to meet the landscape buffer
Stormwater Basin; Natural
Site
natural
requirements per Bufferyard D of
Open Space (East Branch
desert
the Land Development Code Title
Brawley Wash); Berms;
landscape
17, Table 7-1 Landscape Buffers.
Drainage Channels
border
Eastern
200 -foot
Natural desert vegetation will be
Administrative uses on
border of
minimum
used to meet the landscape buffer
southeastern portion;
site
natural
requirements per Bufferyard D of
Perimeter Road; Natural
desert
the Land Development Code Title
Open Space (East Branch
landscape
17.
Brawley Wash) on
border
northeastern portion;
Berms; Drainage Channels
Southern
200 -foot
Natural desert vegetation will be
Perimeter Road; Berms;
border of
minimum
used to meet the landscape buffer
Drainage Channels
site
natural
requirements per Bufferyard D of
desert
the Land Development Code Title
landscape
17, Table 7-1 Landscape Buffers.
border; 15'
Berm to include desert trees set at
berm with 3:1
30' intervals.
side slopes.
Western
200 -foot
Natural desert vegetation will be
Perimeter Road;
border of
minimum
used to meet the landscape buffer
Stormwater Basin; Drainage
site
natural
requirements per Bufferyard D of
Channels; Screening Berm
desert
the Land Development Code Title
landscape
17, Table 7-1 Landscape Buffers.
border; 15'
Berm to include desert trees set at
berm with 3:1
30' intervals.
side slopes
Landscape
10 -foot street
Plant Count: 1.5 per 100 sq. ft. For
N/A
border on
landscape
every 3 shrubs plants, one 15
entrance
border
gallon tree shall be planted.
road
Ground cover plants are required
and shall be equal to 20% of the
total number of trees and shrubs
located in the landscape buffer
area.
88 Development Regulations IV -7
Marana Regional Landfill Specific Plan
Table IV.E.1.b: Plant List
BOTANICAL NAME
COMMON NAME
Acacia constricts
Whitethorn Acacia
Acacia greggii
Cat's Claw Acacia
Agave americana
Century Plant
Agave palmeri
Palmer Agave
Baileya multiradiata
Desert Marigold
Caesalpinia gilliesii
Yellow Bird of Paradise
Caesalpinia pulcherrima
Red Bird of Paradise
Calylophus hartwegii
Calylophus
Carnegiea gigantea
Saguaro
Celtis pallida
Desert Hackberry
Celtis reticulata
Western Hackberry
Cercidium floridum
Blue Palo Verde
Cercidium microphyllum
Foothill Palo Verde
Chilopsis linearis
Desert Willow
Dasyliron acrotriche
Green Desert Spoon
Dasyliron wheeleri
Desert Spoon
Dodonaea viscosa
Hopbush
Dyssodia pentachaeta
Dyssodia
Encelia farinosa
Brittlebush
Ferocactus spp.
Barrel Cactus
Development Regulations IV -8
Marana Regional Landfill Specific Plan
Fouquieria splendens
Ocotillo
Hesperaloe funifera
Giant Hesperaloe
Hesperaloe parviflora
Red Yucca
Lantana montevidensis
Trailing Lantana
Larrea tridentate (divaricata)
Creosote Bush
Leucophyllum spp.
Texas Ranger
Lysiloma thornberi
Feather Tree
Muhlenbergia porteri
Bush Muhly
Muhlenbergia rigens
Deer Grass
Myoporum parvifolium
Myoporum
Nolina microcarpa
Beargrass
Opuntia spp.
Prickly Pear
Pistacia chinensis
Chinese Pistache
Prosopis (So. Am. Hybrid)
Thornless Mesquite (So.
Am. Hybrid)
Prosopis velutina
Velvet Mesquite
Simmondsia chinensis
Jojoba
Verbena gooddingii
Goodding Verbena
Yucca baccata
Banana Yucca
Yucca recurvifolia (pendula)
Pendulous Yucca
Development Regulations IV -9
Marana Regional Landfill Specific Plan
2. Screening Requirements
a. No additional screening in addition to the proposed buffers and berming is
required.
b. Fencing
Security will be controlled by providing access only through the
entrance to the administrative facilities area. Prior to Opening Day,
the Owner shall install a six (6) foot chain link fence on the entire
Southern perimeter boundary of the facility. A six (6) foot chain link
fence on the western and eastern perimeter boundaries will be built in
phases. The first phase for both eastern and western boundaries shall
be constructed before Opening Day and will start at the southern
boundary and extend to the north one hundred (100) feet past the 1St
active cell. Each phase of the chain link fence thereafter will be
constructed to maintain a minimum of a one hundred (100) foot
expansion beyond the advancing operation, ultimately enclosing the
entire site in chain link fence. The portion of the facility that has not
had the chain link fence installed will have a five (5) strand wire fence
as permitted by ADEQ. Prior to Opening Day, signage stating "No
Trespassing" in Spanish and English shall be posted at least every
one hundred (100) feet along the entire perimeter of the Landfill site.
Development Regulations IV -10
Marana Regional Landfill Specific Plan
F. Definitions
ADEQ: Arizona Department of Environmental Quality or any successor agency of the State of
Arizona exercising regulatory authority over the Landfill similar to that currently exercised by
ADEQ.
Closing Day: The last day on which the Landfill is open to receive waste.
Environmental Requirements: All laws, ordinances, statutes, codes, rules, regulations,
agreement, judgments, orders and decrees, now or hereafter enacted, promulgated, or
amended, of the United States, the State of Arizona, or Pima County relating to pollution, the
protection or regulation of human health, natural resources, or the environment, or the emission,
discharge, release or threatened release of pollutants, contaminants, chemicals, or industrial,
toxic or hazardous substances or waste of Hazardous Materials in the environment (including,
without limitation, ambient air, surface water, ground water or land or soil).
Evaporation Basins: Lined basins approved by ADEQ for evaporation of leachates and
condensates generated by the landfill.
Hazardous Materials: Any substance which is or contains (1) any "hazardous substance" as
now or hereafter defined in § 101(14) if the Comprehensive Environmental Response,
Compensation and Liability Act of 1986, as amended (42 U.S.C. §§9601 et seq) ("CERCLA") or
any regulations promulgared under CERCLA; (ii) any "hazardous waste" as now of hereafter
defined in the Resource Conservation and Recovery Act (42 U.S.C. §§6901 et seq) ("RCRA") or
regulations promulgated under RCRA; (iii) radon gas; and (iv) any additional substances or
materials which are now or hereafter classified or considered to be hazardous or toxic under
Environmental Requirements or the common law, or any other Applicable Laws, but excluding
any material that is allowed to be deposited on the Landfill by ADEQ.
Landfill: Area permitted for waste deposit as approved by ADEQ in a Master Facility Plan
approval.
Landfill Unit: a discrete area of land or an excavation that receives waste.
Opening Day: The first day on which the Landfill is open to receive Waste.
Operation Life: The period between Opening Day and Closing Day.
Resource Recovery Retail: Retail sale of recycled and reclaimed materials including but not
limited to top soil, mulch, compost, decorative rock products, concrete, rock, block, and asphalt.
Waste: Non -hazardous solid waste intended for final disposal in a landfill and not for beneficial
use, as defined in the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. and
implementing Arizona state law, in accordance with Federal and Arizona state laws and the
terms of any Governmental Authorization applicable to the Landfill and the Property.
rwN
00 Development Regulations IV -11
Development Plan
ImDlementImplementationand Administration r=
0
Development Capability
Operations Plan
Pima County c
Passive Water Harvesting Techniques �=
yDesignFacilit Parkin-
Permitted Uses Sale of Recycled Materials Circulation
t Plan
Stormwater Basins Specific Plan Land Use Concept
Arizona Pollution Discharge Elimination System Permit
d c Surface Water and Evaporation Basins/Retention
o Natural Feature Preservation
Convenient c� _ o Marana General Plan
,on
Buffering,El
Inspection Areas Solar Energy
Town of Marana¢, - , Solid Waste Disposal
Recycling Operations & Facilities CIO. CM Q
Scale House = Development Capability
¢ Leachate Collection and Removal System Disposal Area
Permitting` � o "- Waste Screening Sheds and Accessory Structures
Native Vegetation § Pima County Flood Regulations
Sustainability Initiative b___4r, CR ';'-= "Arizona Revised Statutes
Desert Scrub Species
Grandfathered Irrigation Rights ¢ cnr
�, d CD
� � rD Wash Protection
Permitted Uses � i Geosynthetic Clay Liner
Location Criteria �--� rD o Circulation
0 0
rD Piz
Natural Open Space -Z 5 Environmental Protection Agency
Design Standards c = �D � •
� � �, R Drop-off Bins
Native Plant Protection- �--� ; Community
Prevent Wildcat Dumping ¢ Seedin o= Recycling`g ImPhasing Renewable EnergyI Surface Water Management
Liner Systemproposed Improvements :A Leachate Collection
Resource Recovery Area
Federal Regulations yard Waste Composting _
Specific Plan PrivatizedServices �
Erosion Minimization - "' Planting lon
�-Landscape Plan
Gas MonitoringDevelopment R
p ment �
Promote Conservation and Efficient Use of Services Developmental Regulations
Maintenance and Administration Buildings
Site Anal sis
Indigenous peeies Environmental Compliance Access Road Disposal,rea �SOhd Waste Di�posal Services Accessible specific plan
Construction and DemolMaterial Processing and Recycling
Site Analysis
w a Litter Control Disposal Area n"
�- Quality Control Circulation Buffering
Maiana
- � Town of Marana Site Design
State Regulations c C c
LightingrD ID
1011a
Green Building Construction
Solid Waste Facility Plan ;:5 -
Environmental Public Drop-off Areas
Re
o� Community Individual Landfill Units
•Facilities� M-� panting Population Growth
Diesel
Arizona Registered Professional Engineer-= U.S. Fish R Wildlife Service
`° Trico Road
High Density Polyethylene Liner � y
Wash Preservation 5 Solar Energy
Site Plan �
East Branch BrawleyWash Specific Plan��
�Srte Analysis Seeding Renewable Energy Generation
Hydrology � ' Technical ResearchGradin and Drainage Plans
Landfill Gas Control Facilities g Development Plan
Landfill Gas -to -Energy Facilities or Other Energy Recovery Facilities
Gas Regeneration Disposal Operations
Traffic Analysis
Sustainability Initiative
Introduction
iaew-W01,14VA 9THEPLANNINGCENTER
� o division of TPC Group, Inc.
Marana Regional Landfill Specific Plan
A. Purpose
This section of the Specific Plan is intended to provide regulatory procedures designed to
guide the implementation for the Specific Plan throughout the duration of the project. This
section also provides guidance regarding the general administration of and amendment
procedures to the Specific Plan. The Provisions below shall apply to the entire project site
as defined in this Specific Plan.
B. Extent of the Specific Plan to Supplement or Supercede Adopted
Town Zoning Regulations
The Development Regulations section of the Specific Plan addresses only those areas that
differ from the Town of Marana Land Development Code. If an issue, condition or situation
arises that is not covered or provided for in this Specific Plan, those regulations of the
Town of Marana Land Development Code that are in place at the time of development
shall be used by the Planning Director as the guidelines to resolve the unclear issue,
condition or situation.
Appeals to the Planning Director's interpretation may be made to the Board of Adjustment
within 15 days of the date of interpretation.
C. General Implementation Responsibilities
The implementation of the Marana Regional Landfill Specific Plan is the responsibility of
the Master Developer and the Town of Marana.
The Master Developer, referenced herein as DKL Holdings, Inc., is the entity responsible
for providing the basic infrastructure needs, including roads and utilities, buildings,
improvements and site development. DKL Holdings, Inc., or their successors and assigns,
will be the Master Developer for this Specific Plan.
At any time, the Master Developer may relinquish its rights and assign any or all rights to
one or more successors. Associated responsibilities of the Master Developer would also
be transferred to DKL Holdings' successor at that time.
The Town of Marana Development Services Department will be responsible for ensuring
all policies and standards laid out in the Specific Plan are adhered to during the review of
all development in the Specific Plan.
1. Interpretation
The Planning Director shall be responsible for interpreting the provisions of this
Specific Plan. Appeals to the Planning Director's interpretation may be made to the
Town Council within fifteen (15) days from the date of the interpretation.
00 Implementation and Administration V-1
Marana Regional Landfill Specific Plan
2. Development Review Procedures
All development shall be conducted substantially in accordance with the
development regulations outlined in Section IV of this document. All development
plans and subdivision plats for Marana Regional Landfill shall be subject to and
implemented through the review and approval process adopted by the Town of
Marana Land Development Code. In addition, all development is subject to the
building permit process as outlined by the Town of Marana.
D. Specific Plan Amendments
Amendments to the Marana Regional Landfill Specific Plan may become necessary for
various reasons including but not limited to responding to changes resulting from new
development conditions, financial conditions, and/or to respond to the requirements of
potential users or builders of the property. The Master Developer, the Town of Marana,
other developers, or agents representing either may request amendments to the approved
Specific Plan.
1. Administrative Change
Certain changes to the explicit provisions in the Specific Plan may be made
administratively by the Town of Marana Planning Director, provided such changes
are not in conflict with the overall intent as expressed in the Marana Regional
Landfill Specific Plan.
The Planning Director's decision regarding administrative changes and
determination of substantial change, as outlined below, shall be subject to appeal
to the Town Council. Categories of administrative changes include, but are not
limited to:
The addition of new information to the Specific Plan maps or text that does
not change the effect of any regulations or guidelines, as interpreted by the
Planning Director;
• Changes to infrastructure, such as drainage and utilities, which do not
change the overall intent of the Specific Plan.
Any comparable interpretations of the list of permitted and temporary uses
of the property set forth in the Specific Plan.
• Changes in land use designation boundaries, division of plan areas or
combinations of areas.
• Minor modifications or adjustments to intrusions, encroachments,
easements, rights-of-way, or open spaces, so long as the modifications do
not conflict with the overall intent of the Specific Plan.
• The determination that a use may be allowed which is not specifically listed
as permitted, but which may not be determined as analogous and/or
accessory use explicitly listed as permitted, as made by the Planning
Director.
00 Implementation and Administration V-2
Marana Regional Landfill Specific Plan
2. Substantial Change
This Specific Plan may be substantially amended by the procedure outlined in the
Town of Marana Land Development Code, Title 17 Section 05.06.07, Specific Plan
Changes. The owner or agent of the property may submit to the Planning Director a
written application to amend one or more of the Specific Plan regulations.
Depending on the type of request, the Planning Director may determine the request
to be a substantial change to the Specific Plan. A substantial change requires the
applicant to submit all sections or portions of the Marana Regional Landfill Specific
Plan that are affected by the change(s). After review, the Planning Director shall
refer the request to amend with his recommendations to the Planning Commission
for noticed public hearing. The Planning Commission shall make its
recommendation to the Town Council which, after public hearing, shall approve,
reject, or modify the proposed amendment.
E. Reversion
If the Opening Day does not occur by the fifth (5th) anniversary of the later of (i) the
parties' execution and delivery of the Development Agreement or (ii) Seller or Developer's
receipt of the Zoning Approvals, Town may schedule a public hearing to determine
compliance with Developer's schedule of development of the Landfill or to grant an
extension of time or cause the Property to revert to its former zoning classification in
accordance with A.R.S. § 9-462.01(E). Notwithstanding the foregoing, if at the fifth (5th)
anniversary of the later of the parties' execution and delivery of the Development
Agreement or Seller or Developer's receipt of the Zoning Approvals, the Opening Day has
not occurred due to the Developer still being engaged in ongoing hearings, appeals or
other administrative actions relating to obtaining any of the Final Entitlements, Town may
not schedule such public hearing or take any other action relating to the potential
rescission of the Zoning Approval for the Landfill until such hearings, appeals or other
administrative actions, including any related or follow-on hearings, appeals or other
administrative actions, have been completed or abandoned by Developer. If the Opening
Day has not occurred by the tenth (10th) anniversary of the later of (i) the parties'
execution and delivery of the Development Agreement or (ii) Seller or Developer's receipt
of the Zoning Approvals, Town may schedule a public hearing to determine compliance
with Developer's schedule of development of the Landfill or to grant an extension of time or
cause the Property to revert to its former zoning classification in accordance with
A.R.S. § 9-462.01(E) whether or not Developer is engaged in ongoing hearings, appeals or
other administrative actions relating to obtaining any of the Final Entitlements.
00 Implementation and Administration V-3
Marana Regional Landfill Specific Plan
Appendix A Legal Description
Appendix B Development Agreement
Marana Regional Landfill Specific Plan
Appendix A Legal Description
Parcel 1
Lots 1, 2 and 3; the South half of the North half; The Southwest quarter; and the Southeast
quarter of Section I, Township 12 South, Range 10 East, Gila and Salt River Base and Meridian,
Pima County, Arizona.
Parcel 2
An easement, 80 feet in width, for ingress, egress and utility (both public and private) purposes
over, under and upon all that certain real property situate in the County of Pima, State of
Arizona, being a part of that parcel described in Docket 8697 at page 1047 thereof, records of
said Pima County, located in the East half of Section 12, Township 12 South, Range 10 East,
Gila and Salt River Meridian more particulary described as follows:
Beginning at the Southeast corner of said Section 12, common with the Southeast corner of
said parcel described in Docket 8697, page 1047, marked by an aluminium capped rebar, RLS
29873;
Thence from said Point of Beginning, Northerly along the East line of the Southeast quarter of
said Section 12, common with the East line of said recorded parcel, North 00 degrees 02
minutes 16 seconds West, 574.86 feet to a point on the North right of way line of Avra Valley
Road as described in Book 6 of Road Maps at page 53 thereof, said point being the True Point
of Beginning of the easement herein described;
Thence from said True Point of Beginning, Southwesterly along said North right of way line on
the arc of a curve to the left having a radius of 1472.40 feet from a tangent bearing South 71
degrees 37 minutes 14 seconds West through a delta of 03 degrees 18 minutes 48 seconds,
85.15 feet to a point thereon, establishing the Southwest corner of said easement;
Thence leaving said North right of way line, Northerly along a line parallel with the East line of
the Southeast quarter of said Section 12, North 00 degrees 02 minutes 16 seconds West,
2095.95 feet to an angle point;
Thence leaving said angle point, Northly along a line parallel with the East line of the Northeast
quarter of said Section 12, North 00 degrees 06 minutes 19 seconds East, 2637.33 feet to a
point on the North line of the Northeast quarter of said Section 12, establishing the Northwest
corner of said easement;
Thence leaving said parallel line, Easterly along the North line of said Northeast quarter,
common with the North line of said recorded parcel, North 89 degrees 49 minutes 14 seconds
East, 80.00 feet to the Northeast corner thereof, marked by an aluminum copper rebar, RLS
29873;
00 Appendix A-1
Marana Regional Landfill Specific Plan
Thence leaving said Northeast corner, Southerly along the East line of the Northeast quarter of
said Section 12, common with the East line of said recorded parcel, South 00 degrees 06
minutes 19 seconds West, 2639.48 feet to the Southeast corner thereof (East quarter corner),
marked by a General Land Office 3/4 -inch pipe filled with concrete (missing cap);
Thence leaving said East quarter corner, Southerly along the East line of the Southeast quarter
of Section 12, common with the East line of said recorded parcel, South 00 degrees 02 minutes
16 seconds East, 2064.88 feet to the True Point of Beginning.
00 Appendix A-2
Marana Regional Landfill Specific Plan
Appendix B Development Agreement
Appendix B-1
MARANA REGIONAL LANDFILL DEVELOPMENT AGREEMENT
TOIVN OF MARANA, ARIZONA
THIS DEVELOPMENT AGREEMENT ("Areement" ) is entered into this 3JU day of : ec ,
2010, by and among TOWN OF MARANA, ARIZONA, a municipal corporation (the "Town"), DRL
HOLDINGS, INC., a Delaware corporation ("Developer", and H. KAI FAMILY NGI, L.L.C., an
Arizona limited liability company ("Seller").
RECITALS
A. Pursuant to the provisions of'that certain Agreement for the Sale of Real Property and
Joint Escrow Instructions dated as of December 14, 2009 between Seller and Developer
(the "Purchase Agreement" ), Developer has contracted to purchase from Seller that
certain real property located within Pima County, Arizona, more particularly described in
Exhibit A attached hereto and referred to as the "Pro ert ."
B. Developer intends to develop the Property as a municipal solid waste landfill and related
facilities known as the Manana Regional Landfill (the "Landfill") in accordance with the
Specific Plan (defined below) and this Agreement.
C. The parties acknowledge that the Landfill is consistent with the Town's General Plan and
Strategic Plan, as of the date this Agreement is executed [A.R.S. § 9-500.05.B].
D. The Marana Regional Landfill Specific Plan was approved onfico. I , 2010 by
Ordinance Number. 2. 0 l t • k k (as amended or modified, the "Specifiq Plan").
E. The parties hereto desire to enter into this Agreement to set forth their understandings and
agreements regarding development and operation of the Landfill. This Agreement is a
development agreement within the meaning of and pursuant to A.R.S. § 9-500.05.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties
hereto, the parties agree as set forth below:
1. Incorporation of Recitals and Exhibits. The forgoing recitals and all exhibits attached hereto
are incorporated by this reference as though fully set forth herein.
2. Def m Mons. The following terms shall have the meanings set forth below whenever used in this
Agreement, except where the context clearly indicates otherwise:
(a) "AlDEQ" means Arizona Department of Environmental Quality or any successor agency
of the State of Arizona exercising regulatory authority over the Landfill similar to that currently exercised
by ADEQ.
11055298.21
(b) "Base Index" means, for the CPI adjustment to the vehicle Flat Fee under Section 21,
(i) for the first Review Date, the CP1 for calendar month May of the calendar year immediately prior to
the first Review Date calendar year, and (ii) for each subsequent Review Date, the CPI for the calendar
month May of the calendar year of the prior Review Date.
(c) "Closing Dai" means the last day on which the Landfill is open to receive Waste.
(d) "Commercially Reasonable Efforts" means, when describing the required standard of a
party's expected conduct, the efforts that a reasonable and prudent person or entity in such party's
position and of substantially equivalent economic means as such party would undertake in such course of
conduct.
(e) "CPI" means the consumer price index compiled and published by the United States
Department of Labor, Bureau of Labor Statistics, designated Consumer Price Index - All Urban
Consumers (CPI -U) 1982 - 1984 = 100: area: west -Size Class A, or, if said consumer price index ceases
to be published and there is no successor index, a reasonably equivalent index published by an
authoritative third party mutually agreed upon by the Town and Developer, acting reasonably and in good
faith. The CPI for any date means the CPI last published before the calendar month that includes such
date. For reference, a current databases print-out of the Consumer Price Index - All Urban Consumers
(CPI -U) 1982 - 1984 = 100: area; west -Size Class A, All items is attached as Exhibit B.
(f) "Effective Date" means the date upon which all of the following have occurred:
(i) Developer has acquired the Property; (ii) the Property has been annexed by the Town and (iii) Final
Entitlements have been granted for the Landfill.
(g) "Environmental Requirements" means all laws, ordinances, statutes, codes, rules,
regulations, agreement, judgments, orders and decrees, now of hereafter enacted, promulgated, or
amended, of the United States, the State of Arizona, or Pima County relating to pollution, the protection
or regulation of human health, natural resources, or the environment, or the emission, discharge, release
or threatened release of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances
or waste of Hazardous Materials in the environment (including, without limitation, ambient air, surface
water, ground water or land or soil).
(h) "Final Entitlements" means grant or issuance of all final, complete and unappealable
licenses, permits, approvals (including Zoning Approvals), authorizations and entitlements granted by
applicable governmental authorities and legally required for the development, construction and operation
of the Landfill, but excluding any license, permit, approval, authorization or entitlement whose grant or
issuance is contingent upon completion of construction of any building or other improvements included in
the Landfill.
(i) "Hazardous Materials" means any substance which is or contains (i) any "hazardous
substance" as now or hereafter defined in § 101(14) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1986, as amended (42 U.S.C. §§9601 et seq.) ("CERCLA") or any
regulations promulgated under CERCLA; (ii) any "hazardous waste" as now or hereafter defined in the
Resource Conservation and Recovery Act (42 U.S.C. §§6901 et seq.) ("RCRA") or regulations
promulgated under RCRA; (iii) radon gas; and (iv) any additional substances or materials which are now
or hereafter classified or considered to be hazardous or toxic under Environmental Requirements or the
common law, or any other Applicable Laws, but excluding any material that is permitted to be deposited
in the Landfill by ADEQ.
11055298.21 2
0) "Net Tannage" means all Waste that is deposited at the Landfill through the commercial
operation of the Landfill, including, without limitation, Waste deposited pursuant to Section 20, but
excluding only the following: (i) liquid or semi-solid Waste as determined by the ADEQ's Paint Filter
Test standard, or any replacement liquid test standard, (ii) Waste that is prohibited from receipt at the
Landfill by state, federal or local law, regulation, rule, code, ordinance, order, license, permit or permit
condition, including land use restrictions or conditions applicable to the Landfill, (iii) materials used for
daily cover or alternative daily cover, interim cover, final cover or Landfill infrastructure as approved
pursuant to applicable landfill permits and (iv) Waste which is received and deposited at the Landfill for
no or nominal consideration (e.g. any periodic free tipping day or other free or nominal rate disposal
program) other than Waste received from Developer or any of its affiliates.
(k) "Ovening Dai" means the first day on which the Landfill is open to receive Waste.
(1) "Oeration Life" means the period between Opening Day and Closing Day.
(m) "Review Date" means the first July 1 to occur following the first anniversary of the
Opening Day and each July 1 thereafter.
(n) "Ton" means a short ton, being 2,000 pounds.
(o) "Waste" means non -hazardous solid waste intended for final disposal in a landfill and not
for beneficial use, as defined in the Resource Conservation and Recovery Act, 42 U.S.C. § § 6901 et seq.
and implementing Arizona state law, and in accordance with Federal and Arizona state laws and the terms
of any permit, license, authorization, registration or consent issued, granted, given or otherwise made
available by any governmental authority applicable to the Landfill and the Property.
(p) "Zoning AApn� ls" means any and all local zoning approvals (including any special use
zoning, variance or plan approvals or amendments) necessary to permit the development and operation of
the Landfill.
3. Term. The term of this Agreement shall commence on the Effective Date and continue for the
Operation. Life of the Landfill, unless terminated sooner as provided in this Agreement or extended by
mutual agreement. Termination of this Agreement shall not extinguish the covenants or agreements that
by their terms require performance after termination. Unless the parties otherwise agree in writing each
such covenant and agreement shall survive termination of this Agreement.
4. Termination. .
(a) End of Term. In accordance with Section 3, this Agreement shall terminate at the end of
its term unless extended by mutual agreement of Town and Developer.
(b) Zoning Changes. If Developer elects by written notice to the Town not to proceed with
the Landfill or obtains rezoning of the Property to authorize a use other than the Landfill, this Agreement
will terminate. Changes in the Specific Plan that do not require a change in the land use zone do not
constitute rezoning for purposes of this Section 4.
(c) Specific Plan Chanes. Changes in the Specific Plan or modifications to the Agreement
pursuant to Section 04.05.08 of the Town's Land Development Code that materially increase or otherwise
materially alter the Developer's obligations under this Agreement, unless allowed by amendment to this
Agreement as set forth in Section 47, shall, at Developer's option, terminate this Agreement. If
11055298.21 3
Developer elects to terminate this Agreement pursuant to this Section 4.c), Developer shall provide
written notice to the Town exercising Developer's termination right.
(d) Default. This Agreement may be terminated pursuant to Section 35 due to breach of this
Agreement and failure to remedy.
e Reversion. If the Opening Day does not occur by the eighth (8h) anniversary of the later
of (i) the parties' execution and delivery of this Agreement or (ii) Seller or Developer's receipt of the
Zoning Approvals, Town may schedule a public hearing to determine compliance with Developer's
schedule of development of the Landfill or to grant an extension of time or cause the Property to revert to
its former zoning classification in accordance with A.R.S. § 9-462.01(E). Upon reversion of the Property
to its former zoning classification, this Agreement shall tern in.ate.
5. Desi cation of Truck Route-, No Rail Spur or Haulm Developer shall propose a single
designated commercial truck route for delivery of waste to the Landfill for the Town's approval.
Developer shall establish and shall use Commercially Reasonable Efforts to collect non-compliance
charges to encourage commercial haulers to use such designated truck route. Notwithstanding the
foregoing, commercial waste collection trucks that service customers in the general vicinity of the
Landfill and deposit collected waste at the Landfill shall not be required to follow such designated truck
route if doing so would interfere with such collection trucks' service routes in such general vicinity.
Developer shall not install a rail spur to or on the Property. No waste shall be accepted at the Landfill
which has, to the knowledge of Developer, been transported by rail.
6. out of State Waste. In any calendar year during the operation Life, waste deposited at the
Landfill that is generated from sources outside the State of Arizona shall not exceed 10% of total Net
Tonnage for such calendar year, with such limitation being prorated for any partial calendar year in the
Operation Life.
7. Applicable Law. Developer shall construct and operate the Landfill in accordance with
applicable Federal and State laws, rules and regulations (collectively, "Applicable Laws"). If the Federal
Aviation Administration requires a study of the Landfill activity on the Property in accordance with
Applicable Laws, Developer will conduct the study at Developer's sole cost and expense.
8. ADEO Approvals. Developer, at its sole cost and expense, shall use Commercially Reasonable
Efforts to obtain all required permits and licenses and final approval of a municipal solid waste facility
plan from ADEQ that will allow that Property to be used as a municipal solid waste landfill and related
facilities, with terms, conditions and stipulations acceptable to Developer (the "ADEQ Approvals"). The
ADEQ Approvals shall be deemed to be "final" on the later of (a) the next business day after the
expiration of the time within an appeal could be filed regarding issuance of the ADEQ Approvals
provided that no such appeal was filed or attempted to be Bled, or (b) if such an appeal is filed, the next
business day after the successful final conclusion of such appeal in favor of Developer.
9. Third Party Reviews and App als. Developer, at its sole cost and expense, shall use
Commercially Reasonable Efforts to obtain the Final Entitlements; provided that Developer shall not have
to pay the Town's costs or expenses incurred in evaluating submittals in excess of the fees ordinarily
charged for evaluation of entitlements submittals.
10. Landfill Elevation and Height Limits. Notwithstanding any provision of the Specific Plan to
the contrary, once constructed, the maximum elevation of the Landfill shall not exceed 2,145 feet above
sea level (being 165 feet above the baseline elevation grade reference of 1,980 feet existing on the south
property line of the Property), and the average height of the Landfill shall not. exceed 135 feet. Grade
11055298.21 4
changes on the Property that are outside of the Landfill footprint (including, without limitation, screening
berms, flood protection structures, stormwater basins, building pads and temporary stockpiles) shall be
subject to the foregoing elevation limit (i.e., not to. exceed 165 feet above the baseline elevation grade
reference of 1,950 feet existing on the south property line of the Property), but elevations on the Property
that are outside of the Landfill footprint (including, without limitation, screening berms, flood protection
structures, stormwater basins, building pads and temporary stockpiles) shall not be included in calculating
the Landfill's compliance with the above -noted 135 foot average height restriction.
11. Hazardous Materials. leo Hazardous Materials shall be disposed of at the Landfill in violation
of Applicable Laws. Further, Developer shall not accept for disposal at the Landfill any Waste that is
categorized as `hazardous material" or "hazardous substance", or any equivalent designation, under the
Applicable Laws of any state outside of Arizona in which such Waste was generated.
12. Litter Control. Developer shall beep the Property in a neat and orderly condition and work with
the adjacent property owners to pick up litter on adjacent properties resulting from Landfill operations
during the Operation. Life of the Landfill. Particular attention will be paid to the administration building,
scale area, public disposal area, perimeter fencing and drainage channels. Developer shall follow
applicable ADEQ regulations relating to cover governing the active disposal areas. Developer shall
appoint a litter control team to control litter and other foreign material emanating from the Landfill, and
shall assign extra personnel to litter control as needed, including in and around the Silverbell West
subdivision to the north of the State land adjacent to the Property. Developer shall ensure that disposal
operations are limited to the smallest area reasonably possible, consistent with safety, efficiency and litter
control, and are conducted to minimize Wind-blown litter. Developer shall ensure that active disposal
areas within the Landfill are covered at the end of each work day. To promote litter -free operation,
especially in regard to traffic between the Property and the Avra Valley Road -- Interstate 10 interchange,
Developer shall (a) establish requirements for haulers to cover and secure loads, including charging
uncovered load fees, (b) use Commercially Reasonable Efforts to collect uncovered load fees and to ban
haulers that chronically violate such requirements, (c) employ personnel to remove litter along the
Property access drive to Avra Valley Road on a regular basis, but not less than once every thirty (30)
days, and (d) employ personnel to remove litter along Avra Valley Road from the intersection of Avra
Valley Road and the Property access drive to the Avra Valley Road — Interstate 10 interchange, along
Airline Road and Lambert Lane adjacent to the residential property known as Happy Acres, and in and
around the above -noted Silverbell West subdivision, all on a regular basis, but not less than once every
thirty (30) days. If Developer fails to comply with such litter removal obligations, Town may delivery
written notice to Developer specifying such failure and demand that Developer commence litter removal
activity in accordance with this Agreement. If Developer fails to commence such litter removal within
one ( 1) business day of Developer's receipt of such notice, Town may engage Town personnel or third -
party contractors to complete such litter removal on Developer's behalf and invoice Developer for the
cost of such work, which invoice shall be payable by Developer within thirty (30) days of Developer's
receipt. In addition to such clean-up costs, Developer shall pay Town a fine of $1,000 upon the third time
within any thirty (30) -day period, and upon any additional time within such. thirty (30) -day period, that
Town, exercising the foregoing right, engages Town personnel or third -party contractors to complete such
litter removal on Developer's behalf.
13. Town Review of Developer Compliance Under Agreement.
(a) Prior to the Opening Day, Developer shall notify Town in writing of Developer's
compliance with all of its obligations due to be performed under this Agreement prior to the Opening Day
and the date that Developer has scheduled for the Opening Day. Town shall have fifteen (15) days from
the date of its receipt of such notice to deliver Developer a written request for a meeting with Developer's
representatives and/or an inspection of the Property to confirm Developer's compliance with its pre -
11055298.21 5
Opening Day obligations. If Town delivers such written notice within such time period, Developer and
Town shall cooperate to arrange such meeting and inspection as soon as practicable and in any event not
more than fifteen (15) days after the date of delivery of Town's written notice to Developer. If Town fails
to deliver such written notice, Town shall be deemed to have waived its right to require such meeting
and/or inspection, in which event Developer shall be free to commence operation of the Landfill in
accordance with Developer's schedule; provided, however, that such waiver shall not limit any other
rights of 'Town under this Agreement or Applicable Law to oversee and inspect the operation of the
Landfill and Developer's other obligations hereunder.
(b) Following the one-year anniversary of the Opening Day, Town may deliver written
notice to Developer requesting a meeting with Developer's representatives and/or an inspection of the
Property to confirm. Developer's compliance with its post -Opening Day obligations under this
Agreement. Town may request such meeting and/or inspection once during the time period commencing
on the one-year anniversary of the Opening Day and expiring on the day before the five-year anniversary
of the Opening Day. During any five year period beginning with the five-year anniversary of the Opening
Day and each successive five-year anniversary of the Opening Day thereafter during the Operation Life,
Town may deliver written notice to Developer requesting a meeting with Developer's representatives
and/or an inspection of the Property to confirm Developer's compliance with its post -Opening Day
obligations under this Agreement; provided that Town shall not request more than one such meeting
and/or inspection during any such five (5) year period. If Town delivers any such written notice,
Developer and Town shall cooperate to arrange such meeting and/or inspection as soon as practicable and
in any event not more than thirty (30) days after the date of delivery of Town's written notice to
Developer. If Town fails to deliver a notice for the period in question, Town shall be deemed to have
waived its right to require such meeting and/or inspection of the Property until the next anniversary date
referred to above; provided, however, that such waiver shall not limit any other right of Town under this
Agreement or Applicable Law to oversee and inspect the operation of the Landfill and Developer's other
obligations hereunder.
(c) If, based on any meeting and/or inspection referred to in Section__ 3 (a or 13 b above,
Town determines that Developer is not in compliance with any of its obligations under this Agreement,
Town shall notify Developer in writing of such non-compliance, whereupon Developer shall have thirty
(30) days to correct such non-compliance before Town may find Developer to be in default under this
Agreement; provided, however, that if Developer reasonably requires more than thirty (30) days to correct
such non-compliance, Developer shall have such additional time as is reasonably necessary to correct
such non --compliance before Town may find Developer to be in default under this Agreement. Upon
Developer completing any such corrective work, Developer shall permit Town representatives to inspect
such work to confirm that such non-compliance has been corrected.
(d) Developer shall obtain prior to the Opening day, and shall maintain during the Operation
Life, a performance bond in the amount of $100,000 securing Developer's performance obligations under
this Agreement.
14. Overation. Life Revortim: Closure Pian.
(a) within thirty (30) days after the fifth (5th) anniversary of the Opening Day, and within
thirty (30) days after each successive fifth (5") anniversary date thereafter, Developer shall deliver to
Town a written calculation of the remaining Operation Life of the Landfill, including an estimation of
available remaining volume in the Landfill. Further, within thirty (30) days after each anniversary of the
Opening Day during the last five (5) years of the Operation Life of the Landfill, Developer shall deliver to
Town a written calculation of the remaining Operation Life of the Landfill, including an estimation of
available remaining volume in the Landfill. Notification, in accordance with Section 36 of this
11055298.21 6
Agreement, of the intent to close the Landfill shall be sent to Town at least ninety (90) days in advance of
the anticipated Closing Day.
(b) At a minimum, Developer's operations of the Landfill shall (i) provide that perimeter
berms be seeded and vegetated with native plan material that closely resembles the surrounding desert
unless prohibited by ADEQ, (ii) provide for Developer to design and construct man-made habitats on the
Property for burrowing owl communities, which habitat design and construction shall be undertaken with
the cooperation and input of the ADEQ or Arizona state wildlife authorities, and (iii) include designs
intended to induce habitation by burrowing owl communities and other natural wildlife, as prepared with
the cooperation and input of the ADEQ or Arizona state wildlife authorities, but subject to ADEQ landfill
closure regulations and other Applicable Laws.
(c) At the end of the Operation Life of the Landfill, Developer, at its sole cost and expense,
shall adopt a closure plan for the Property subject to approval by ADEQ following the requirements of
Applicable Laws for closure of municipal solid waste landfills. Developer shall be responsible for all
closure and post -closure costs and expenses.
15. Closure and Post Closure Financial Assurances. Developer shall provide financial assurances
for costs of closure and post closure care, as required by Applicable Laws.
16. Habitat Conservation Plan. Upon Town's adoption of a habitat conservation plan, and subject
to Developer's review and approval of such plan (acting reasonably), Developer shall enter into such
habitat conservation plan.
17. Dedication of East Branch of Brawley wash• Maintenance. Following the later to occur of
(a) Opening Day or (b) completion of necessary improvements to the Property and any adjoining
properties, including, without limitation, levees, berms, drainage and natural habitat restoration,
Developer shall give Town written notice that such applicable event has occurred and offer to dedicate to
Town the open space described in Exhibit C attached hereto and commonly referred to as the East Branch
of Brawley Wash. Following delivery of such notice, Town may deliver written notice to Developer of
Town's election to accept such dedication so long as such notice is delivered prior to the Closing Day. If
Town elects by written notice to Developer to accept such dedication, then (i) Developer shall thereafter
promptly undertake such actions at its sole cost to formally dedicate the East Branch of Brawley Wash to
Town subject to Developer reserving rights during the Operation Life to conduct periodic maintenance or
repair required on any berms, levees or other improvements made by Developer in or around the East
Branch of Brawley Wash. Developer shall undertake such periodic maintenance and repairs at its sole
cost, subject to being granted reasonable and timely access to the East Branch of Brawley Wash to
conduct such work during the operation Life. If Town fails to give any written notice to Developer of
Town's acceptance of the dedication of the East Branch of Brawley wash, Developer shall remain
obligated to undertake such periodic maintenance and repairs during the Operation Life.
18, Force Mgj ure. In addition to any specific provisions of this Agreement, the performance by
either party hereunder shall not be deemed to be in default where there is a delay in performance caused
by or resulting from war, insurrection, terrorism, strikes, lockouts, riots, floods, earthquakes, fires,
casualties, acts of prod, acts of the public enemy, epidemics, quarantine restrictions, freight ernbargos,
lack of transportation, governmental restrictions or priority, unusually severe weather, inability of any
contractor, subcontractor or supplier to perform acts for such party, acts or the failure to act of any public
or governmental agent or entity, litigation relating to the Property initiated by a third party other that
Developer or the Town, or any other causes beyond the reasonable control the party claiming an
extension of time to perform (each, a "force maj eure event"), and the party affected by the force maj eure
event gives notice to the other party after the occurrence of such event. In the event that any party to the
11055298.21 7
Agreement is unable or fails to perform due to a force maj eure event and such party has given the notice
as provided above, then the time for the performance of the other party shall also be extended for a period
of time equal to the period of the delay plus a reasonable start-up period.
19. Most Fees.
(a) Developer shall pay the Town a "Host Fee" as set forth in this Section 19. The Host Fee
shall be paid for each calendar quarter during the Operation Life based on total Net Tonnage deposited at
the Landfill in such calendar quarter. The Host Fee shall be equal to four percent (4%) of the average
charge per Ton of Net Tonnage that third -party customers of the Landfill pay to deposit Waste at the
Landfill during the calendar quarter in question multiplied by the aggregate Net Tonnage deposited at the
Landfill during such calendar quarter; provided, however, that in no event shall the Host Fee be calculated
at less than $ 1.20 per Ton of such Net. Tonnage. The Host Fee shall only be payable in respect of
amounts actually collected by Developer and shall only apply to amounts charged for the deposit of
eligible waste at the Landfill. without limiting the generality of the foregoing, no Host Fee shall be
payable in respect of amounts collected by Developer from customers of the Landfill as fees, fines,
damages, penalties or other charges for such customers' failure to comply with Applicable Laws or
Landfill rules or to compensate or reimburse Developer for having to separate mixed waste loads or
undertake other work or liability resulting from such customers' delivery to the Landfill of Waste that is
ineligible for deposit at the Landfill.
(b) Host Fee payments shall be made to the Town General Fund and transmitted to Town at
the address set forth in Section 36. In the event Developer fails to make payment within ten (10) business
days after receipt of written notice from Town that a specific payment was not timely made, Developer
shall, in addition to the required payment, pay a late fee of ten percent (10%) of the total amount due for
said quarter.
(c) Host Fees shall be calculated and paid by Developer to Town within forty-five (45) days
after the end of each calendar quarter in which such Host Fees are earned. within forty-five (45) days
after the end of each calendar quarter, Developer shall deliver to Town a written report (a "Quart
Report"), certified in writing by Developer as being true and correct, of (i) the Net Tonnage deposited at
the Landfill and (ii) Developer's determination of the quarterly Host Fee payment due under
Sectiowith respect thereto (the "Host Fee Determination"), as derived from Developer's review of
its operational, financial and other relevant books and records as of the end of such calendar quarter. The
Quarterly Report shall contain reasonable detail as to how the Host Fee Determination was made by
Developer, including details of any ineligible waste processing costs under the neighborhood container
program referred to in Section 22 or the voucher program referred to in Section 23. In light of the
unpredictability of the available volumes of Waste, number of customers, future laws and regulations
and/or the business operations of Developer, Town acknowledges that Developer has not made any
representations regarding the volume of Net Tonnage or the amount of any Host Fees to be paid
hereunder. Developer specifically reserves the right to reject any waste received at the Landfill.
(d) Developer shall retain for at least three (3) years accurate records of Net Tonnage
deposited at the Landfill for final disposal, including gate receipts. In addition to the Quarterly Reports,
Developer shall deliver to Town, from time to time, copies of all periodic reports filed by or on behalf of
Developer with the State of Arizona or any other applicable governmental body with respect to volumes
and types of waste deposited at the Landfill.
(e) Developer shall install, operate and maintain at the Landfill, accurate and reliable scales,
certified by the Arizona Department of Weights and Measures. Such scales shall be kept in good
condition and repair at all times while the Landfill is open for business. Town shall have the right, in
1105529821 8
connection with Town's review and audit rights referred to in Section19��f�, to test the accuracy of such
scales, provided that such testing does not unreasonably interfere with the operation of the Landfill.
Notwithstanding the foregoing, Developer may charge customers of the Landfill using methods other than
weight -based fees, including volume -based fees and flat fees determined in Developer's sole discretion,
provided that such alternative charge methods shall not affect the method for calculating the Host Fee
payable to Town as contemplated hereunder.
(f) From time to time, upon Town's written request, but not more frequently than once per
calendar year, Developer shall make its records applicable to calculation of the Host Fee Determinations
covering the record retention period set forth in Section 19(d) above available to Town for review and
audit by Town or Town's accountants or other representatives. If, following any such review and audit,
Town believes that any Host Fee Determination was improperly made, Town may give written notice
thereof to Developer, in which event Town and Developer shall promptly cause their respective
representatives to confer with each other with a view to resolving such matter in good faith. If the
representatives of Town and Developer are unable to resolve such matter within thirty (30) days after the
date of delivery of Town's notice to Developer, Town and Developer shall refer the dispute to a mutually
acceptable firm of independent certified public accountants (the "Independent Accountants") for final
determination. The Independent Accountants may request of Town and/or Developer such documents
and information as may be necessary or appropriate for proper determination of the matter, and Town and
Developer shall cooperate to promptly satisfy any such request. The determination by the Independent
Accountants of such matter shall be final and binding on Town and Developer, and may be enforced as an
arbitration award in the state or federal courts of Arizona. Town's out-of-pocket costs of conducting a
review and audit described above shall be borne by Town, unless the results of such review and audit, as
finally determined by agreement of Town and Developer or by the Independent Accountants, show that
Town was underpaid by more than five percent (5%) for the period under review, in which event
Developer shall reimburse Town all of such out-of-pocket costs and the costs of the Independent
Accountants upon presentation of receipts or other reasonable documentation thereof.
(g) Any Host Fee amount which, based on the separate agreement of Town and Developer or
a determination of the Independent Accountants, is payable by one partly to the other shall be paid within
thirty (30) days after the agreement or determination and any such payment not timely paid in accordance
with this Section 19 shall bear interest at the rate of nine percent (9%) per annum until paid.
20. Free Public Access. On one Saturday in March and one Saturday in October (each, as selected
by Developer) during the Operation Life, Developer shall allow each Town household (and all
households not within the Town but which are located in the geographic area depicted on Exhibit D
attached hereto) to deliver waste directly to a site designated by Developer at the Landfill free of charge.
Notice of each such free public access date together with terms for delivery of Waste consistent with this
Section 20 shall be published at least two (2) weeks in advance of such free public access date in a local
Marana newspaper reasonably acceptable to the Town. The costs of such notice shall be for Developer's
sole account. Waste delivered during these free public days shall be excluded from the calculation of the
Host Fees under Section 19, Developer shall be permitted to impose reasonable restrictions on such free
public access, including, without limitation, (a) a maximum of two (2) Tons per household per six-month
period (any amount not used in a six-month period shall not be carried forward to any succeeding six-
month period), (b) limit to two cars or pickup trucks per household per six-month period; (c) individuals
presenting evidence (e.g., driver's license and utility bill.) of residency within Town or within the area
depicted on Exhibit D, as applicable; or (d) prohibition of commercial vehicle capacity for delivery of
Waste. Residents shall pay the posted gate rate for any amount in excess of two tons per six-month
period.
11055299.21 9
21. Customer Vehicle Flat Fees. Non-commercial landfill customers shall be charged a fiat fee of
$10.00 per non-commercial vehicle (the "Vehicle Flat Fee") for up to the first one (1) Ton of eligible
Waste deposited by such vehicle at the Landfill. Any Net Tonnage of waste in excess of one (1) Ton
deposited by such vehicle shall be subject to Developer's posted gate rates in effect from time to time.
The Vehicle Flat Fee shall be subject to annual upwards adjustment by an -amount equal to any positive
change in the CPI. On each Review Date, the Vehicle Flat Fee shall be increased by any positive
percentage change reflected in the CPI when compared to the applicable Base Index, rounded to the
nearest one (1) cent. The formula for such adjustment shall be as follows:
Adjustment amount = 1 + [(RDCPI — BI) / BI]
Where: RDCPI = CPI existing on the Review Date; and
BI = Base Index
E.g. If the Vehicle Flat Fee in effect for cars prior to adjustment is $10.00, the most recently
reported CPI on the Review Date is 228.2 and the Base Index is 223.9, then the positive
percentage change between the Base Index and the CPI on the Review Date, i.e., 1 +
[(228.2-223.9)/223.9], is 1.0192%. The adjustment to the Host Fee is thus calculated as
follows:
$10.44 x 1.091.2% = $10.19205, rounded to $14.13.
Notwithstanding the foregoing, in no event shall any CPI -based increase in the Vehicle Flat Fee cause the
Vehicle Flat Fee to exceed the average per -Ton eligible waste disposal cost charged to non-commercial
customers using solid waste landfills or transfer stations in the greater Tucson, Arizona metropolitan area.
To the extent such limitation applies to any CPI -based increase in the Vehicle Flat Fee, Developer may
not in any subsequent year's CPI -based adjustment to the Vehicle Flat Fee claim as part of such
adjustment the amount of any prior year's increase in the Vehicle Flat Fee that would have occurred but
for the application of this paragraph. In no event shall any CPI -based adjustment to the Vehicle Flat Fee
cause the Vehicle Flat Fee to decrease from one year to the next. In the event the CPI for a Review Date
reflects a negative percentage change when compared to the applicable Base Index, the Vehicle Flat Fee
for the then commencing year shall equal the Vehicle Flat Fee payable during the immediately preceding
year.
22. Neighborhood Container Program. During the Operation Life of the Landfill, during each
calendar quarter (a calendar quarter being each of January through March, April through June, July
through September, and October through December), upon the request of Town given at least fifteen (15)
days in advance, Developer shall arrange for up to four (4) roll -off containers to be placed in
neighborhoods determined by Town within Town limits and/or any neighborhood outside of Town limits
but within the geographic area depicted on Exhibit D attached hereto (not more than four (4) such
neighborhoods per calendar quarter) for individuals residing in such neighborhoods to dispose of waste,
and Developer shall arrange for the retrieval of such containers when full and for the disposal of their
contents at the Landfill. The costs of providing and retrieving such containers and for disposing of their
contents shall be for the sole account of Developer; provided, however, that if Developer must remove
Waste from any such container based on such waste not being eligible for disposal at the Landfill based
on Applicable Laws, and Developer's cost of such removal and disposal of such waste at another facility
exceeds $1,000 per individual container or $2,000 in the aggregate for all containers in any calendar
quarter, Developer may credit its full costs of such removal and disposal of such waste against Host Fees
payable to Town. If Developer exercises its right to credit such costs against Dost Fees payable to Town,
Developer shall provide Town with receipts or other appropriate evidence of Developer's costs of such
11055298.21 10
removal and disposal of such ineligible Waste. No Host Fees shall be payable in respect of Waste
deposited at the Landfill from the neighborhood container program contemplated by this Section 22.
23. Town Voucher Prour_am. Commencing on the Opening Day, for each calendar year of the
Operation Life of the Landfill (prorated in the first year for any partial calendar year), Developer shall
provide Town with thirty (30) vouchers, each voucher entitling the holder to deposit up to two (2) Tons of
Waste to the Landfill free of charge. Town shall have sole discretion as to the distribution of such
vouchers, provided that such vouchers may not be distributed or used for commercial benefit. Unused
vouchers from a particular calendar year shall expire at the end of such calendar year and may not be used
in any subsequent calendar year. A person depositing Waste at the Landfill under a voucher who exceeds
the two (2) Ton limit of such voucher shall pay the posted gate rate for any Net Tonnage in excess of such
limit. To the extent Developer must remove Waste from any such voucher -related deposit based on such
Waste not being eligible for disposal at the Landfill based on Applicable Laws, Developer may credit its
cost of such removal and its cost of arranging for proper disposal of such Waste at another facility against
Host Fees payable to Town. If Developer must relocate and dispose of Waste deposited at the Landfill
based on such Waste not being eligible for disposal at the Landfill based on Applicable Laws, Developer
may credit its full costs of such relocation and disposal of such Waste against Host Fees payable to Town.
If Developer exercises its right to credit such costs against Host Fees -payable to Town, Developer shall
provide Town with receipts or other appropriate evidence of Developer's costs of such relocation and
disposal of such ineligible Waste. Waste deposited at the Landfill under a voucher shall be excluded from
the calculation of the Host Fees otherwise due the Town under Section 19.
24. Neighboring Ground Water Well Monitoring. If provided access to a source located prior to
any treatment such as a water softener, Developer shall sample the five (5) domestic water wells
registered within two (2) miles down gradient from the Property listed on Exhibit E attached hereto. No
later than sixty (60) days following receipt of Final Entitlements for the Landfill, Developer shall send
written notice, to the address used by Pima County for sending tax bills, to the owner of each property on
which any of such water wells exist to determine if such owner Wishes to have such water well sampled.
If any such property owner does not elect to have such well sampled by Developer by sending written
notice to Developer within thirty (30) days after Developer's written notice was mailed, Developer shall
not be required to sample such owner's well in the future. if such property owner elects to have
Developer sample such well and provides Developer with appropriate access to such well, Developer
shall gather enough samples to establish an adequate background sample set (at Developer's discretion)
from such well over a one (I) -year period in order to obtain a statistically valid background determination
of the quality of the water in such well. Developer shall provide the results of such sampling to the
property owner. Developer shall sample each such well for parameters that are deemed standard for State
and Federal landfill monitoring requirements and that are reasonably expected to be associated with
landfill -related constituents. After such initial sampling and during the Operation Life, if Developer's
sampling of its own test wells on the Property indicate that ground water contamination from the Landfill
is occurring, Developer shall sample each such property owner's wells on an annual basis (subject to
being granted appropriate access to such wells) until five years after Developer's sampling of its own test
wells on the Property indicate no further ground water contamination from the Landfill.
25. Town -Generated Waste. Developer shall allow Town to dispose of qualifying Town -generated
Waste eligible to be deposited in the Landfill at a rate equal to the lesser of (a) ninety percent (90%) of
the published gate rate on the date of deposit or (b) the lowest commercial vehicle rate actually charged
by Developer at the Landfill on the date of deposit. Town -generated Waste qualifying for such discount
shall mean Waste generated exclusively by Town and delivered in Waste delivery vehicles containing
only Town --generated Waste, as determined by Developer in its reasonable discretion. Town -generated
Waste mixed with other Waste shall not be eligible for such discount and Developer shall have no
obligation to separate Town -generated Waste from other Waste delivered to the Landfill.
11055299.21 11
26. Perimeter Fence. Prior to Opening Day, owner shall install a six (6) foot chain link fence on the
entire Southern perimeter boundary of the facility. A six (6) foot chain link fence on the western and
eastern perimeter boundaries will be built in phases. The first phase for both eastern and western
boundaries shall be constructed before Opening Day and will start at the southern boundary and extend to
the north one hundred (100) feet past the first active cell. Each phase of chain link fence there after will
be constructed to maintain a minimum of a one hundred (100) foot extension beyond the advancing
operation ultimately enclosing the entire site in chain link fence. The portion of the facility that has not
had chain link fence installed will have a five (5) strand wire fence as permitted by ADEQ. Prior to
Opening Day, signage stating "no trespassing" in Spanish and English shall be posted at least every one
hundred (100) feet along the entire perimeter of the Landfill site.
27. Properby .,Access Intersection Improvements. Developer, at its sole cost and expense, shall
provide for the design and construction of certain improvements to the intersection of Avra Valley Road
and the Property access drive (the "Intersection Improvements"). The Intersection Improvements shall
include, but are not limited to: (a) a deceleration lane for each direction of travel on Avra Valley Road,
and (b) other road improvements deemed necessary by Town based on any traffic impact analysis,
drainage study or any other applicable study required by Town. Prior to construction of the Intersection
Improvements, Developer, at its sole cost and expense, shall submit to Town (1) an independent traffic
impact analysis, drainage study and any other study required the Town and (ii) plans and specifications
for the Intersection Improvements. Such studies, plans and specifications shall be subject to the approval
of Torn, which approval may not be unreasonably withheld, conditioned or delayed. Construction of the
Intersection Improvements shall be in accordance with the applicable code requirements and standards of
Town. Developer shall commence and substantially complete construction of the Intersection
Improvements on or prior to Opening Day; provided that any delay caused or contributed to by Town,
including, without limitation, failure to timely approve the Intersection Improvements shall extend the
date for substantial completion by one day for each day of such delay. Developer agrees not to develop or
actively participate with any third party in the development of Silverbell Road for purposes of allowing
Silverbell Road to be used as a means of access to the Property.
28. other Avra Valley Road Improvements.
(a) Following the second anniversary of the opening Day, the Town may deliver written
notice to Developer requesting a traffic signal at the intersection of Avra Valley Road and Sandario Road,
Marana, Arizona; provided that such notice contains a traffic signal study conducted by the Town in
accordance with the latest edition of the Manual on Uniform Traffic Control Devices concluding that the
traffic signal is warranted. Developer shall design and install such traffic signal at the intersection of
Avra Valley Road and Sandario Road, Marana, Arizona on or before the one-year anniversary of deliver y
of the Town's notice requesting such signal.
(b) Prior to the Opening Day, Developer shall design and construct in accordance with Town
standards aright -turn lane on eastbound Avra Valley Road at Sandario Road and a right turn lane on
northbound Sandario Road at Avra Valley Road.
(c) Prior to the Opening Day Developer shall design and construct in accordance with Town
standards aright -turn lane on westbound Avra Valley Road at Sanders Road.
(d) Prior to Opening Day, Developer shall provide slung seal and/or asphalt overlay on the
approximately six (6) -mile segment of Avra Valley Road between the current East Manana Town line and
the current Nest Marana Town line located just west of the proposed Landfill entrance as mutually agreed
to by Developer and Town based on findings of geotechnical report(s) to be obtained by Developer, at its
own cost and expense. If the section of Avra Valley Road from Interstate 10 to the current East Marana
1 t 055298.2 1 12
Town line has not been improved by third parties prior to the Opening Day, then Developer shall provide
slurry seal and/or asphalt overlay on that section of Avra Valley Road not already improved prior to
Developer's slurry seal and/or asphalt overlay work.
29. Brawlev Bride Improvement. Developer, at its sole cost and expense, shall provide for such
repairs and upgrading of the East Branch of the Brawley Wash Bridge on Avra Valley Road as are
necessary to maintain the current 50,000 pound rating for such bridge (the "Bridge Improvements").
Prior to construction of the Bridge Improvements, Developer, at its sole cost and expense, shall submit to
Town plans and specifications for the Bridge Improvements. Such plans and specifications shall be
subject to the approval of Town, which approval may not be unreasonably withheld, conditioned or
delayed. Construction of the Bridge Improvements shall be in accordance with the applicable code
requirements and standards of Town. Developer shall substantially complete construction of the Bridge
Improvements prior to Opening Day; provided that any delay caused or contributed to by Town,
including, without limitation, failure to timely approve the Bridge Improvements shall extend- the date for
substantial completion by one day for each day of such delay.
30. Use of Fox Easement. Following the Opening Day, if requested by the Arizona State Land
Department (including any successor department), Developer shall enter into an agreement with the
Arizona State Land Department to permit State or other third party vehicles to use the "Fox Easement
Area", as set forth in that certain Amended and Restated Easement dated November 30, 2009 (the "Fox
Easement") and recorded in the Office of the Pinta County Arizona Recorder in Docket 13596, Page 174,
for purposes of accessing State of Arizona grazing lands located on the east side of the access road to the
Property. Such use of the Fox Easement shall at all times be in compliance with the terms of the Fox
Easement and in common with Developer and any other parties permitted to use the Fox Easement Area,
shall not exceed the rights of Developer to the Fox Easement Area, and shall not unreasonably interfere
with Landfill access or operations.
31. Operating Hours of Landfill. Commencing on the Opening Day and throughout the Operation
Life, Developer shall cause the Landfill to be open to receive eligible waste from commercial and non-
commercial customers during normal business hours at least six (d) days per week, including at least four
(4) hours on each Saturday, excluding recognized holidays.
32. Environmental Insurance. Prior to Opening Day, a pollution legal liability, environmental
impairment or other similar policy of insurance shall be in force covering the Property in an amount not
less than $20,000,000 aggregate, $10,000,000 each incident. Such insurance may have self insured
retention in excess of $1,000,000 but not more than $5,000,040 so long as Developer (a) provides a letter
of credit or bond in an amount equal to the self-insured retention amount, or (b) demonstrates to Town's
satisfaction (acting reasonably and in good faith) that Developer has current financial worth and/or
financial stability sufficient to satisfy such self insurance risk. Such insurance coverage shall remain in
force during the remainder of the term of this Agreement. On the tenth anniversary of the Opening Day,
and on each successive tenth anniversary thereafter prior to the Closing Day, Developer shall review the
adequacy of its insurance coverage, taking into account effects of inflation and industry standards for such
insurance. Developer may adjust its insurance coverage based on Developer's review; provided that
Developer may not reduce coverage below the limits_ set forth in this Section 32.
33. Conflict Of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511.
34. No Personal. Liability. No member, official or employee of the Town shall be personally liable
to Developer, or any successor or assignee, (a) in the event of any default or breach by the Town, (b) for
any amount which may become due to the Developer or its successor or assign, or (c) pursuant to any
obligation of the Town under the terms of this Agreement.
11055298,21 13
35. Default. It shall be a default hereunder if either party fails to perform or unreasonably delays
performing any of its obligations hereunder or otherwise act in accordance with any term or provision of
this Agreement and such failure or unreasonable delay continues for a period of sixty (60) days after
written notice from the non -defaulting party specifying in reasonable detail the nature of the failure or
delay and the manner in which such failure or delay may be satisfactorily cured. However, if the failure
or delay is such that more than sixty (60) days would reasonably be required to perform such action or
comply with any term or provision hereof, then the defaulting party shall have such additional time as
may be necessary to perform or comply so long as the defaulting party commences performance or
compliance within the cure period and diligently proceeds to complete such performance or fulfill such
obligation.
36. Notices. All Notices which shall or may be given pursuant to this Agreement shall be in writing
and shall be deemed to have been duly giving if (a) delivered personally to the party at the address set
forth below; (b) deposited in the United States Mail, certified return receipt requested, postage prepaid to
the party and addressed as set forth below; or (c) personally delivered or mailed in like manner to such
other address as either party hereto may designate in writing.
If to Developer: DIAL Holdings, Inc.
Attention: Larry D. Henk
4050 W. Ray Road, #17
PMB 209
Chandler, Arizona 85266
Fax: (480) 419-3543
If to Town: Gilbert Davidson, Town Manager
Marana Municipal Complex
11555 W. Civic Center Drive
Marana, Arizona 85653
Fax: (520) 382-1998
With a copy to: Frank Cassidy, Town Attorney
Marana Municipal Complex
11555 W. Civic Center Drive
Marana, Arizona 85653
Fax: (520) 382-1998
Either party may designate any other address for this purpose by written notice to the other party in the
manner described herein. Notices shall be deemedgiven and received on the date personally delivered or
two (2) business days after being mailed.
37. Governing Law. This Agreement shall be governed by and construed. in accordance with the
laws of the State of Arizona.
38. Conflict. In the event of any conflict between the terms of this Agreement and the Specific Plan.,
the terms of this Agreement shall govern. ,
39. Successors ,and Assigns. The Developer's rights and obligations hereunder may only be assigned
to and assumed by a person or entity that has either (a) acquired the Property or (b) assumed Developer's
contractual right to acquire the Property and, in either case, only by a written instrument, recorded in the
Official Records of Pima County, Arizona expressly assigning and assuming such rights and obligations.
Developer shall send notice of such assignment and assumption in accordance with Section 36 to the
11055298.21 14
Town, but such assignment and assumption shall not be subject to the Town's consent. All of the
provisions hereof shall inure to the benefit of and be binding upon the successors and assigns. This
Agreement is not binding upon any subsequent municipality that may annex or incorporate the Property.
40. Third Parties. No term or provision of this Agreement shall be for the benefit of any person or
entity not a party hereto, and no such other person or entity shall have the right or cause of action
hereunder.
41. No A ene Relationshi No Partnership -or Joint venture. Developer shall not in any way
exercise any portion of the authority or sovereign powers of the Town and shall not make or contract or
commit or in any way represent itself as an agent for the Town. This Agreement shall not create any
agency relationship between Developer and the Town. Under no circumstances shall the parties hereto be
considered partners or joint ventures.
42. waiver. No delay in exercising any right or remedy shall constitute a waiver. No waiver by
either party of any breach or default of any of the terms, covenants or conditions of this Agreement shall
be construed or held to be a waiver of any succeeding or preceding breach or default of the same or other
term, covenant or condition herein contained.
43. Headin s. The headings for the Sections of this Agreement are for convenience and reference
purposes only and in no way define, limit or describe the scope or intent of said Sections nor in any way
affect this Agreement.
44. Attorneys' _Fees. In the event it becomes necessary for either party to this Agreement to employ
legal counsel or to bring an action at law or other proceedings to enforce any of the terms, covenants or
conditions of this Agreement or defend any action related to this Agreement, each party be responsible for
its own attorneys' fees.
45. Severability. In the event that any term, phrase, clause, sentence, paragraph, section, provision
or other portion of the Agreement shall become illegal null or void or against public policy, for any
reason or shall be held by any court of competent jurisdiction to be illegal, null or void or against public
policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in full
force and effect to the fullest extent permitted by law.
46. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder
of Pima County, Arizona, not later than ten (10) days after its full execution. Once the requirements of
the Agreement have been fulfilled, either party, upon request of the other party, will record an
acknowledgment of the fulfillment of the terms hereof and termination of this Agreement.
47. Amendment to Am_e_ment. No change of addition is to be made to this Agreement except by
written amendment executed by Town and Developer. within ten (10) days after approval and execution
of the amendment to this Agreement, the amendment shall be recorded in the official Recorder of the
County Recorder of Pima County, Arizona.
48. Seller Consent. By executing this Agreement, Seller hereby acknowledges that it is aware of and
consents to Developer's undertaking and performance of Developer's obligations under this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, the parties agree that if Developer
fails to complete its purchase of the Property pursuant to the terms of the Purchase Agreement due to a
material default of Seller under the Purchase Agreement or a failure of any of Developer's closing
conditions set forth in the Purchase Agreement, Developer may elect in its sole discretion, as evidenced
by written notice delivered to Town, to terminate its development of the Landfill and all of its obligations
11055298.21 15
under this Agreement. If Developer exercises such termination right, Developer shall be immediately
relieved of its obligations under this Agreement. Thereafter, if Seller or any other third party undertakes
to proceed with the development of the Property as a solid waste landfill (whether as contemplated by this
Agreement or otherwise), Seller or such other third party's development of the Property shall be subject
to this Agreement, with Seller or such third party having the obligations of the "Developer" hereunder.
49. Auth. Each of the parties represents and warrants to the other that the persons executing
this Agreement on behalf of the respective parties are authorized and empowered to bind the party on
whose behalf each such individual, in his/her official capacity, is signing.
50. Entire Agreement. This Agreement constitutes the entire agreement among the parties hereto
pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations,
negotiations and understandings of the parties hereto, oral or written, pertaining to the subject matter
hereof are hereby superseded and merged herein.
[Signatures on Following Page]
11055298.21 16
IST WITNESS w1IEREOP, the parties hereto have executed this Agreement to be effective as of
the Effective Date.
TOWN OF MARANA, ARIZONA, a municipal
corporation
By:
Name: �Q
Title: � J
Attest:
'?arana T n Clerk
Approved as to Form and Within the Powers and
Authority Granted under the Laws of the State
of Arizona to the Town of Marana
L���
&Pt' ii
STATE OF ARIZONA )
ss.
County of
This agreement was acknowledged before me this 4 day of 6 v4 km,r 2010, by
c �` t• C , the ., cam cj y of the Town of Marana, a municipal
corporation, on behalf of the Town. of Marana.
OFFICai►L SEAL
TIMOTHY A. MATTiX
NOTARY PUBLIC
PIMA COUNTY, ARIZONA
• MY OONIMiSSIOhi EXPIRES
`
U Sro, Notary Public
•wa•� ...... ;ter=.,..irJt..�;.x. "„r....rix..-ti:. d�.i.,F.v�
My Conurnission Expires:
11955298.21 17
DKL HOLDINGS, INC., a Delaware
corporation
By:
A/MName: fs
Title:
STATE OF ARIZONA }
ss.
County of : �,r• r,,, }
This agreement was acknowledged before me this 4 day of %T%[ +�*. , 2010, by Larry
D. Renk, the President of DKL Holdings, Inc., a Delaware corporation, on behalf of DKL Holdings, Inc.
OFFICIAL SEAL
TIMOTHY A. MATTIC
NOTARY PUBLIC
PIMA COUNTY, ARIZONA
= a MY COMMISSION EXPIRES
My comrnissi es: AUGUST 27, 20 1 3
9
STATE OF ARIZONA )
ss.
County of P► �. a )
Notary Public
H. KAI FAMILY NG 1, L.L.C., an Arizona
limited liability company
$;
Name: e4rr+ Kexat ..--
Title: i 0M
This agreement was acknowledged before me this day of NvVt, -r fir , 2010, by
Herbert Kai, the Manager of H. Kai Family NG 1, L.L.C., an Arizona limited liability company, on behalf
of H. Kai Family NG 1, L.L.C.
O; f=1CSEAL +
TIMOTHY A. MATTIX
NOTARY PUBLIC
PIMA COUNTY, ARIZONA Notary Public
= MY COMMISSION EXPIRES
A� G L J ST 27, 2013----
My Commissionxplres:
l�c�cnv�s �4 �� . �..0 ��
J
11055298.21 18
I
tq V14
- 1"t
C '� x Q � n
as
f: �
1.z
5, v�
AI
ha
Aip ba
IL
Al
4
tp
-4.
o g
-J
OL
F -N
tT
3
11055298.21
gI i a
I
o I I me,
A",
MR
Ij�
as
ifs
ix
gI i a
I
o I I me,
A",
MR
EXHIBIT B
CPI DATABASE PRINT-OUT
Consumer Price Index - All Urban Consumers
Original Data Value
Series Id:
CUURA400SA0,CUUSA400SA0
Not Seasonally Adjusted
Area:
West - Size Class A
Item:
All items
Base Period:
1982-84=100
Years:
2000 to 2010
Year
Jan Feb Mar Apr May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
HALF1
HALF2
2000
172.3 173.4 174.9 175.2 175.5
175.8
176.8
177.6
178.4
179.0
178.8
179.0
176A
174.5
178.3
2001
180.1 181.3 182.0 182.5 183.4
184.4
184.2
184.1
184.7
184.6
184.3
183.5
183.3
182.3
184.2
2002
184.4 185.4 186.2 187.2 187.5
187.2
187.4
187.9
188.2
188.4
188.4
188.0
187.2
186.3
188.1
2003
189.2 190.9 192.1 191.7 191.2
190.9
190.9
191.7
192.3
191.9
191.0
194.6
191.2
191.0
191.4
2004
191.7 193.2 194.5 194.6 195.9
195.9
195.4
195.5
196.4
197.5
197.6
196.5
195.4
194.3
196.5
2005
196.7 198.3 199.8 201.3 201,5
200.5
201.3
202.4
204.5
205.4
204.2
203.0
201.6
199.7
203.5
2006
204.7 205.7 206.8 208.6 210.3
209.5
210.0
210.7
211.3
210.5
209.7
209.6
209.0
207.6
210.3
2007
211.102 212.549 214.393 215.540 216.640
295.901
215.855
215.825
216.429
217.314
218.195
218.020
215.647
214.354
216-940
2008
219.036 219.799 221.997 222.689 224.704
226.767
227.662
226.541
225.910
224.967
220.925
218.698
223.300
222.499
224.101
2009
219,806 220.955 221.124 221.790 222.659
223.908
223.498
224.072
224.412
224.372
223.489
223.058
222.762
221.707
223,817
2010
223.852 223.989 224.636 225.040 225.571
225.291
274.730
11055298.21
=4111191111M
BRAWLEY WAS11 DESCRIprj� ION
%
T
DOTE N T IAL WASI
P L
—k -.M
L -10N AREA
DEDICA1
r
P
4P
V.
%
r
66LL.
id
+
F Trecise Urn its of the dedication area will be
determined based on final design during the L
+
Avp Opment Plan process
•a A
%t—,— —.a 4-9;k 4 F
11055298.20
r
1F 1
md
LEGEND
LANDFILL
BUFFER & ANCIL I-ARY AR -EA
OPEN SPACE
STOR MWATER BASIN
EXHIBIT D
MA P FOR F REE PU BL IC ACCESS AND NII -1 BORHOOD CONTA IN ER PROG RAM
to
A
110 5 5298,20
LU
w
i
EXHIBIT E
SAMPLING WATER WELLS
LEGEND
-Site Boundary
NORTH
Township, Range & Seclion tines (1 ?:S1 0 El I) r
Judsdiction Boundary
FLE NW� 0XL401_pwcd@__gw__we15 rfvd
Sa rnp ling Watef Wells SOURC�
Reg. No.
Owner Name
Well Type
598424
DN A LD M E LOCH E
EXE -M PT
506352
EARLEY,W W
EXEMPT
611183
HICE, CHARLES & MARY,
EXEMPT
805125
MANCINI, VITTORIO,E
EXEMPT
618391
KAI JR,H
NON-EXEMPT
11055-293.20