HomeMy WebLinkAbout20130824.tiffRESOLUTION
RE: ACCEPT PROPOSAL AND APPROVE TRANSFER OF TAX LIEN SALE
CERTIFICATES - BRISK DEVELOPMENT, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a proposal from Jerry Goedert, a
representative of Brisk Development, LLC, to purchase/transfer Tax Sale Certificates 1995-0747
(R6220686; Parcel 1471-12-0-00-029; legal description of 15871-I SW4NW4 12-1-66 (.69D)) and
1995-0748 (R6221986; Parcel 1471-12-0-00-055; legal description of 15871-F PT NW4NW4 12 1
66 BEG NW COR OF SEC S89D55'E 1259.89' S0D21'W 1333.30' N89D57'W 1263.39' N0D30'E
1333.83' TO POB (1R1D), situs address of 17100 County Road 12) from the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Treasurer's Office, for the total amount of $20,000.00, and
WHEREAS, no property taxes have been paid on these properties since 1994, and the
current amount of past due taxes and interest on Parcel Number 1471-12-0-00-029, Tax Lien
Certificate Number 1995-0747 is $15,079.90, and on Parcel Number 1471-12-0-00-055, Tax Lien
Certificate Number 1995-0748 is $103,170.83, and
WHEREAS, the proposed transfer to Brisk Development, LLC, will return the properties to
use and to the tax rolls of the County, and
WHEREAS, after review, and in accordance with Section 39-11-122, C.R.S., the Board
deems it advisable to accept said proposal and approve said transfer.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the proposal from Brisk Development, LLC, to purchase Tax Sale
Certificates 1995-0747 and 1995-0748 from the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Treasurer's Office,
in the total amount of $20,000.00 be, and hereby is, accepted and approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the transfer of Tax Sale Certificates 1995-0747 and 1995-0748 from the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Treasurer's Office, to Brisk Development, LLC, for the total amount of $20,000.00
be, and hereby is, approved.
4/219 2013 1:0953
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2013-0824
TR0027
ACCEPT PROPOSAL AND APPROVE TRANSFER OF TAX LIEN SALE CERTIFICATES -
BRISK DEVELOPMENT, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of April, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
my A ttorney
Date of signature APR 1 1 2013
3925955 Pages: 2 of 3
04/19/2013 11:22 AM R Fee:$0.00
Steve Morena, Clerk and Recorder, Weld County, Co
11111
924653
4/15/20 - 11:0•"
no, Clerk
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es: 2 of 2
R Fee:$! v0
en., Record- , Weld Co
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CO
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EXCUSED
William F. Garcia, Chair
C
Barbara Kirkmeyer
2013-0824
TR0027
OFFICE OF THE WELD COUNTY TREASURER
www.co.weld.co.us
1400 N 17 AVE
GREELEY CO 80631
970-353-3845 x3290
John R. Lefebvre, Jr.
March 29, 2013
MEMO TO: WELD COUNTY COMMISSIONERS
REQUESTING APPROVAL TO TRANSFER TAX LIEN CERTIFICATES
TAX LIEN CERTIFICATE NUMBER
ACCOUNT NUMBER
PARCEL NUMBER
LEGAL DESCIPTION
TAX LIEN CERTIFICAT NUMBER
ACCOUNT NUMBER
PARCEL NUMBER
LEGAL DESCRIPTION
1995-0748
R6221986
1471-12-0-00-055
15871-F PT NW4NW4 12 1 66 BEG NW COR OF SEC
S89D55'E 1259.89' S0D21'W 1333.30' N89D57'W
1263.39' N0D30'E 1333.83' TO POB (1R1D) •
1995-0747
R6220686
1471-12-0-00-029
15871-SW4NW4 12-1-66 (.69D)
Tax Sale Certificates 1995.0747 & 1995-0748 was acquired by Weld County at the 1995 tax lien sale and have
been held by Weld County from that point until the present time. Jerry Goedert, DBA Brisk Development LLC, has
made an offer to purchase these tax certificates from Weld County for a grand total of $20,000.00.
Tax lien certificate 1995-0747, full value of the tax lien including taxes, interest, penalties and fees is $15,079.90.
Weld County has been presented with an offer of $3,000.00.
Tax lien certificate 1995-0748, full value of the tax lien including taxes, interest, penalties and fees is $103,170.83.
Weld County has been presented with an offer of $17,000.00.
As Treasurer of Weld County, I am asking for the Board of County Commissioners to approve and accept this
proposal.
Weld County easurer
John R. Lefebvre
3925955 Pages: 3 of 3
04/19/2013 11:22 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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TREASURER'S OFFICE,
COUNTY OF WELD
574
STATE OF COLORADO
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I HEREBY CERTIFY, That a Sale of Real Estate, situate in the County of Weld, State of Colorado for Delinquent
Taxes for the year 19" at the County Treasurers Office in the County aforesaid, on'Stu
1/02/95
in accordance with the low, WELD COUNTY was the Purchaser of the
Tract hereinafter described, os having been sold, for which he paid the sum of money set opposite the caption
"Total paid" for Certificate, being the amount of Taxes on the whole of said estate and for which he is to receive
interest until red' •ion at the maximum statutory rate.
YEAR QQ
244 94 6�
SCHEDULE NUMBER
6220696
11111111111111111111 111111111111111111 I I I 111111111 / I I I I
3313680 08/17/2005 11:42A Weld County, CO
1.9f . 2 R o.QQ� 6.00 Steve Moreno Clerk & Recorder
I SW4NW4 12 1 66 (.690)
2820333 08/18/1998 01:04P Weld County CO
1 of 2 R 0.00 D 0.00 JA Sukl Tsukamoto
1111111 IIW I�IIII1 IIII IIII
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5/1998 12:27
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2715901 08/19/1999 12:51P Weld County CO 11
1 of 2 R 0.05 D 0.00 JA Stal Tsukamoto
R62147112000029
NAME OF OWNER WHEN KNOWN
HELD COUNTY WASTE DISPOSAL INC
A TEXAS CORPORATION -
FY
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12244 08125/2004 11:25A Weld County, CO
1 of 2 R 6.00 D 0.00 Steve Moreno Clerk & Recorder
Loomarr _
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COSTS
TAXES
INTEREST
ADVERTISING
CIF. FEE
TOTAL COSTS
PREMIUM BID RECORD OF SUBSEQUENT TAXES PAID AND ENDORSED
et 1' r
,.5 YEAR
.74,0 421.104
.5‘..
178.97 AO6/ 111,6 0/, .2d61 67a06e'1rs?'
ANNA AactAi ,($ 4221484 toe 1919
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IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL, THIS
*THIS CERTIFICATE IS TO BEAR INTEREST UNTIL
REDEMPTION AT THE INTEREST RATES SET FORTH
IN CHAPTER 137 C.R S., AS AMENDED.
1jia1111111111111111111 III 1111111111111 III 11111 IIII PHI
3097574 08/20/2003 11:49A Weld Cow ty, CO
1 of 2 R 0.00 0 n.00 Steve Morena Clerk & Recorder
INTEREST RATE: 14.0000%
1999.
BY
DATE OF PAYMENT
MO. DAY YEAR
SCHEDULE NO,
AMOUNT PAID
AUG.0 3 1998
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AUG 0 4 1998
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2715001 08/19/1999 12:51P Weld County CO
2 of 2 R 0.00 D 0.80 JR Sukl 7sukamoto
2784512 08/02/2000 02:20P JA Sold Tsukamoto
2 of 2 R 0.00 D 0.00 Weld County CO
2875617 08/17/2001 11:34A JA Sold Tsukamoto
2 of 2 R 0.00 D 0.00 Weld County CO
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3212244 08/25/2004 11:25A Weld County, CO
2 of 2 R 6.00 0 0.00 Steve Moreno Clerk & Recorder
TREASURER'S OFFICE, 24,5 COUNTY OF WELD
676 STATE OF COLORADO
TAXES
INTEREST
ADVERTISING
CIF. FEE
TOTAL COSTS _
1820.74
'93g 618 Oax'tttr !rrtifirtttr of lurrlittnr
I HEREBY CERTIFY, That o Sale of Reol Estate, situate in
Taxes for the year 1994 at the County Treasurer's Office
in accordance with the Low, WELD COUNTY
Tract hereinafter described, os having been sold, for which
"Total paid" for Certificate, being the amount of Taxes on
interest until redemption at the maximum statutory rate'.
the County of Weld, State of Colorado for Delinquent
in the County aforesaid, on' 1/02/95
was the Purchaser of the
he paid the sum of money set opposite the caption
the whole of said estate and for which he is to receive
130
YEAR
94
33q
ca- sIi
SCHEDULE NUMBER
6221986
NAME OF OWNER WHEN KNOWN
ELD COUNTY WASTE DISPOSAL INC
- 11111111111111111 liii! I1I11111111111111 III 11111 IIII 1111
3313681 08/17/2005 11:42A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
15871—F PT NW4NW4 12 1 66 BEG NW COR OF SEC
589D55'E 1259.89' SOD21'W 1333.30' N89067'W
1263,39' N0030'E 1333.83' TO PUB (MUD)
2620334 06/18/1998 01:04P Weld County CO
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2830938 08/05/1998 12:27P Weld County CO
1 ..e 9 D a as A a as 10 e.Lr _r�.•l•�F�
11 2715002 08/19/1999 12:51P Weld County
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2784511 08/02/2000 02:20P JA Suki Tsukamoto
1 of 2 R 0.00 0 0.00 Weld County CO
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3212248 08/25/2004 11:25A Weld County, CO
1 of 2 R 6.00 D 0.00 Steve Moreno Clerk & Recorder
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RECORD OF SUBSEQUENT TAXES PAID AND ENDORSED
DATE OF PAYMENT
MO.
DAY YEAR
SCHEDULE NO. AMOUNT PAID
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IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL, THIS
*THIS CERTIFICATE IS TO BEAR INTEREST UNTIL
REDEMPTION AT THE INTEREST RATES SET FORTH
IN CHAPTER 137 C.R.S., AS AMENDED.
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ACCOUNT NUMBER R6221986 HAS BEEN AGREED UPON FOR A SALE OF $17,000.00 FROM THE ORIGINAL $103,170.83
ACCOUNT NUMBER R6220686 HAS BEEN AGREED UPON FOR A SALE OF $3,000.00 FROM THE ORIGINAL $15,079.90
TAX SALE
CERTIFICATE #
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FOR A COUNTY ASSIGNMENT (TAX, PENALTIES & $4.00 ASSIGNMENT FEE)
BRISK DEVELOPMENT LLC
Legal Description
15871-F PT NW4NW4 12 166 BEG NW COR OF SEC
S89D55'E 1259.89' SOD21'W 1333.30' N89D57'W
1263.39' NOD30'E 1333.83' TO POB (1R1D)
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FIGURES GOOD
Mr. John Lefebvre, Jr.
Weld County Treasurer
1400 N. 17th Avenue
P.O. Box 458
Greeley, CO 80632
July 9, 2012
Dear Mr. Lefebvre,
The purpose of this letter is to present my proposal for obtaining a Treasurer's Deed for Parcels
147112000029 and 147112000055 located near the intersection of CR 35 and CR12. As I will discuss
later, I think that the history of these parcels makes them highly unique and requires a creative
approach for returning them to being a productive asset in the County and for the County to begin
receiving property tax payments in the coming year.
8ackeraund
These parcels were formerly occupied by Weld County Waste Disposal, Inc. who constructed at least
two unlined impoundments on the property in the late 1980's. These impoundments were originally
intended to dispose of oilfield produced salt water by evaporation. Subsequently, the facility accepted
wastes from other facilities including dry cleaners resulting in the discharge of hazardous chemicals into
subsurface soils and groundwater.
EPA shut the facility down in about 1994 and conducted environmental cleanup operations including the
excavation of contaminated soils. An Environmental Covenant (see attached) was signed in 2001 that
prohibited residential, industrial, or commercial development of the property without written consent
from the Colorado Department of Public Health and Environment. The Environmental Covenant was put
in place in part because the cleanup operations conducted by EPA were unable to remove all
contamination.
Property taxes have not been paid on either parcel since 1994. Taxes and interest amount to $99,567
on Parcel 147112000055 and $14,530 for Parcel 147112000029. Although both parcels are of a similar
size, the taxes on Parcel 147112000055 have accrued to a much higher amount because it is zoned as a
Special Purpose Land with improvements. Parcel 147112000029 has three different use codes —Vacant
Industrial Land, Dry Farm Land Agricultural, and Grazing Land Agricultural.
Proposal
The restrictive nature of the Environmental Covenant and the presence of contaminated soil and
groundwater makes these parcels nearly valueless at the present time. If you accept my proposal, I will
invest my time and effort as well as the costs for required environmental testing and studies with the
objective being to persuade CDPHE and the County to revise the conditions stated in the Environmental
Covenant and make an enhanced use of these parcels possible. This process is not straight forward and
certainly carries significant risk as to the outcome and to the timing of realizing my objective. However,
I have a background in engineering and the environmental business and a strong desire to see this
through.
My offer is to pay $5,000 for each of the parcels. The basis for this large reduction relative to the total
of back taxes and interest is as follows:
1) The Environmental Covenant is very restrictive and contaminated soil and groundwater present
precludes most practical land uses.
2) Accrued Property Taxes and Interest are higher than they would be based on actual land use
over the course of the last 18 years. Weld County Waste Disposal, Inc. is a defunct company
whose owner is now deceased. I suspect that when the EPA shut down the business, the owner
realized that the property itself had virtually no value, especially considering
cleanup cost recovery actions, and wrote it off completely. Otherwise, the best thing to do from
a business perspective would have been to protest the taxes on the basis of the actual property
use and to have the property rezoned to an Agricultural use. If this had been done at that time,
the actual accrued taxes and interest would be a fraction of what is currently on the County's
books. The building on parcel 147112000055 is not usable and so it essentially has a negative
value instead of a positive value. My admittedly rudimentary calculations based on a nearby
parcel with a Grazing Land Agricultural use would yield an annual tax on each of these parcels of
about $25. Therefore my offer exceeds 18 years of unpaid tax and interest on that basis.
3) EPA has broad authority under the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) to initiate additional investigations and perform further remediation
activities. The costs for any of these actions can be recovered from successor land owners. If
you accept my proposal, I will be assuming this risk.
My understanding is that the County is prepared to wait until the year 2025 before attempting to return
this property to a tax paying status. However, the same cloud over the possible land uses and the
restrictive Environmental Covenants will likely remain at that time also. If you accept my proposal, the
property can returned to taxable status immediately and I will initiate efforts immediately to reduce the
impacts of the restrictive Environmental Covenants. If you have any questions concerning my offer,
please contact me at 303-968-8828, if you think it would be useful, i would be happy to come to your
office for a meeting. i look forward to hearing from you.
Sincerely,
Jerry Goedert
16745 W. 15th Ave.,
Golden, CO 80401
Commissioner Bill Garcia
Weld County Commissioners
1150 O Street
P.O. Box 758
Greeley, CO 80632
November 27, 2012
Dear Commissioner Garcia,
The purpose of this letter is to present my updated proposal for obtaining a Treasurer's Deed for Parcels
147112000029 and 147112000055 located near the intersection of CR 35 and CR12. I am increasing my
offer to $10,000 for each parcel or a total of $20,000. Following are the main points that I would like you to
consider:
• Although the back taxes are significantly higher, they accrued considering a high value to the Weld
County Waste Disposal business after it was defunct and not the actual land use.
• State of Colorado Environmental Covenants (see attached) specify use restrictions including:
1) "No residential, industrial, or commercial development"
2) "No tilling, excavation, grading, construction or any other activity that disturbs the ground
surface"
• Groundwater and soil were contaminated by hazardous wastes with several different carcinogenic
chlorinated solvents including tetrachloroethylene, vinyl chloride, and cis 1,2 Dichloroethene.
• 84 properties have had Environmental Covenants placed on them. There have not been any
instances where the State has agreed to significant modification of covenants.
• An effort to persuade the State to modify the covenants is likely to require significant investment of
time and money and be uncertain in the likelihood and timing of success.
• I believe that my background in the environmental business will give me the best chance of success
in attempting to persuade the State to modify the covenants.
• I grew up on a dairy farm near Ft. Morgan and have had a lifelong dream of returning to country
living. Obtaining these parcels would give me that opportunity.
• I would also envision that approximately half of the acreage could be developed on 5 acre lots.
I would be happy to discuss this offer further either over the phone or in person should you feel that this
would be beneficial.
Thank you for your consideration.
j27 )61.9.kr
Jerry Goedert
Supporting Documents
RESOLUTION
RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE FOR SPECIAL USE
PERMIT #454 - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, notice was given that a Probable Cause Hearing, pursuant to Section 81 of
the Weld County Zoning Ordinance, would be held before the Board concerning Special Use
Permit #454 issued to Howard Duckworth, dba Weld County Waste Disposal, Inc., and
WHEREAS, at a hearing before the Board on February 8, 1995, staff presented a letter
from Richard Judd, Attorney representing Mr. Duckworth, requesting a continuance of this
matter to March 1, 1995, due to a scheduling conflict, and
WHEREAS, at said hearing on March 1, 1995, the Board deemed it advisable to
continue this matter to May 17, 1995, at 9:00 a.m., to allow staff to supplement notice regarding
impacts to groundwater and failure to pay solid waste surcharge and to allow the Permittee to
prepare for those issues, and
WHEREAS, at said hearing on May 17, 1995, Mr. Judd was present, and the Board
heard all of the testimony and statements of those present, studied the recommendations of the
Weld County Planning and Health Department staff and all of the exhibits and evidence
presented in this matter and, having been fully informed, again deemed it advisable to continue
said matter to August 2, 1995, at 9:00 a.m., based upon staff's recommendation, to allow time
for the global settlement of all regulatory and other issues existing to be completed in writing
and result in a compliance order upon consent by the Colorado Department of Health, Weld
County Health Department, and Weld County Waste Disposal, Inc., and
WHEREAS, at said hearing on August 2, 1995, Mr. Judd was not present, and the
Board heard all of the testimony and statements of those present, studied the
recommendations of the Weld County Planning and Health Department staff and all of the
exhibits and evidence presented in this matter and, having been fully informed, again deemed it
advisable to continue said matter to February 21, 1996, at 9:00 a.m., based upon staffs
recommendation, to allow time for the interim control measures and site characterization to be
completed pursuant to the United States Environmental Protection Agency Administrative
Compliance Order and for the issue concerning land application of waste on the "Martin"
property to be further evaluated by the landowner and negotiations completed to bring the
property into compliance with the requirements of Colorado Department of Health, Weld County
Health Department, and Weld County Planning Department, and
WHEREAS, at said hearing on February 21, 1996, the Board heard all of the testimony
and statements of those present, studied the recommendations of staff from the Weld County
Departments of Planning and Health and all of the exhibits and evidence presented in this
matter and, having been fully informed, again deemed it advisable to continue said matter to
February 26, 1997, at 9:00 a.m., to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to be
completed, and
ctc Pt, L fk 1� ,� C4 2002-158421584
PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD
PAGE 2
WHEREAS, at said hearing on February 26, 1997, the Board was advised by staff that
cleanup of the site by HS Resources, Inc., and Amoco Production Company is slowly
progressing and site characterization and interim control measures are proceeding in
accordance with the EPA Order although it will be five or six years before final measures are
completed and, having been fully informed, again deemed it advisable to continue said matter,
to February 25, 1998, at 9:00 a.m., and
WHEREAS, at said hearing on February 25, 1998, the applicant was not present or
represented, and the Board studied the recommendations from the Weld County Departments
of Planning and Health staff and deemed it advisable to again continue said matter to
February 24, 1999, at 9:00 a.m. to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to be
completed, and
WHEREAS, at said hearing on February 24, 1999, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Health staff and once again deemed it advisable to continue said matter to February 23,
2000, at 9:00 a.m., to allow site characterization and remediation measures to continue, in
accordance with the EPA Order, as well as to allow time for final measures to be completed,
and
WHEREAS, at said hearing on February 23, 2000, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Public Health and Environment staff and once again deemed it advisable to continue said
matter to December 11, 2000, at 9:00 a.m., to allow the Colorado Department of Public Health
and Environment and the County to evaluate other potential enforcement action in accordance
with the Solid Waste Act, and
WHEREAS, at said hearing on December 11, 2000, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Public Health and Environment staff and once again deemed it advisable to continue said
matter to December 10, 2001, at 9:00 a.m., to allow the property owner adequate time to
complete the closeout activities at the site, and
WHEREAS, at said hearing on December 10, 2001, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Public Health and Environment staff and once again deemed it advisable to continue said
matter to June 12, 2002, at 9:00 a.m., to allow the property owner adequate time to review and
sign a land use covenant, and was subsequently rescheduled to June 17, 2002, due to
scheduling conflicts, and
WHEREAS, at said hearing on June 17, 2002, the Board deemed it advisable to dismiss
said Probable Cause Hearing based on findings that the applicant has concluded the
Comprehensive Environmental Response Compensation and Liability Act (Superfund) clean-up
process required by the Environmental Protection Agency and executed an environmental
covenant with the Colorado Department of Public Health and Environment limiting the use of
the property without express consent of the Colorado Department of Public Health and
Environment.
2002-1584
PL0447
PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that this matter be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1
ATTEST:
Vaad Chair
Weld County Clerk to the
BY:
Deputy Clerk to the Boa
M. J. eile
APPROVED AS TO FORM:
Attorney
Date of signature
Robert D. Masden
2002-1584
PL0447
Frakw1
111k.
COLORADO
Memorandum
TO: Board of County Commissioners
DATE: December 5, 2001
FROM: Trevor Jiricek, Department of Public
Health & Environment
SUBJECT: Weld County Waste Disposal
Our Department is recommending that this Probable/Show Cause hearing against the
Weld County Waste Disposal (WCWD) be vacated. Our recommendation is based
upon the following:
The property owner, Howard Duckworth, has signed an environmental covenant
with the Colorado Department of Public Health & Environment (CDPH&E). The
covenant limits the use of the property without the express consent of the
CDPH&E.
The Comprehensive Environmental Response Compensation and Liability Act
(also known as Superfund) clean-up is complete. Although, EPA will continue to
monitor groundwater and assess the effectiveness of the clean-up.
2002-1584
EXHIBIT INVENTORY CONTROL SHEET
PROBABLE CAUSE FOR SPECIAL USE PERMIT #454 - HOWARD DUCKWORTH, DBA
WELD COUNTY WASTE DISPOSAL
Exhibit Submitted By
A. Planning Staff
B. Planning Staff
C.
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Environmental Health Staff
Exhibit Description
Identification of Items
Letter notifying applicant of Probable Cause
Hearing
Probable Cause comments
Environmental Health Staff
Planning Staff
Groundwater Technology
Violations of Use by Special Review #454
Development Standards
Site Map
Colorado Department of Public
Health and Environment
Determination of impact to ground water
Colorado Department of Health
Colorado Office of Attorney General
Colorado Office of Attorney General
Colorado Department of Health
Colorado Department of Public Health
and Environment
Colorado Department of Public Health
and Environment
Environmental Health staff
Letter to Mr. Duckworth regarding data
collected from monitoring ground water
Letter to Richard Judd, attorney, stating
applicant must comply with solid waste
regulations
Letter to Richard Judd, attorney, regarding
post -decision hearings and surface
impoundments
Letter to Howard Duckworth - Notice of
Violation and Request for Information
Notice of Violation issued to Weld County
Disposal
Compliance Order and Assessment of Civil
Penalty
Observations made during field inspection
Colorado Department of Health
Environmental Health staff
Illegal disposal of oil wastes
Land application of waste
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
M.
BB.
CC.
DD.
EE.
FF.
GG.
HH.
I I.
JJ.
KK.
Environmental Health staff Inspection and assessment of facility
Environmental Health staff
Colorado Department of Public
Health and Environment
Conditions observed during inspection
Notice of violation
US Department of Interior
Fish and Wildlife Service
Necropsy results from death of four
Great Blue Herons
Accounting staff
Environmental Health staff
Accounting staff
County Attorney
Kathleen Martin
William Allensworth
Colorado Department of Public
Health and Environment
Past due disposal fees
Waste Disposal Impact Fee for 1994
Memo to Planning Department regarding
Weld County Waste Disposal Fee
Solid Waste Surcharge
Letter of opposition (03/29/1995)
Letter of opposition (03/24/1995)
Determination of Impact to Ground Water
Planning staff
Probable Cause staff comments
Planning staff
Richard Judd, attorney
Request for continuance
Response to Violations and confirmation
of continuance
Planning staff
Richard Judd, attorney
Richard Judd, attorney
Richard Judd, attorney
Colorado Department of Health
Richard Judd, attomey
Notice of Hearing
Response to Notice of Violation
Response to Notice of Violation
Letter to Assistant Attorney General
regarding global settlement
Letter regarding outstanding issues
Sampling of Martin Property Disposal
Incident
Richard Judd, attorney Response to letters received from
Departments of Planning and Health
LL. Colorado Department of Health Weld County Waste Disposal Compliance
Meeting 8/27/93
MM. Resolution Approval of amendment to USR #396
4/22/81
NN. Richard Judd, attorney Letter stating settlement negotiations
OO. Timothy and Mary Trostel Letter of opposition
PP. Colorado Department of Health Letter regarding ground water
contamination
QQ. Karen and William Buxton Letter of opposition (05/04/1995)
RR. Wade and Karen Frarck Letter of opposition (05/09/1995)
SS. Petition Request for license to be revoked
TT. Response Exhibit Inventory Control Exhibit Description for Probable Cause
Sheet Hearing
829
RESOLUTION
RE: APPROVE VACATION OF SPECIAL USE PERMIT, SUP #454 - HOWARD
DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated April 22, 1981, the Board did approve Special Use
Permit, SUP #454, as an amendment to Special Use Permit #396 for an Oil Field Fluids
recycling and disposal site for Howard Duckworth, dba Weld County Waste Disposal, Inc., on
the following described real estate, to -wit:
Part of the NW1/4 of Section 12, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Weld County Attorney's Office and the Departments of Public Health
and Environment and Planning Services recommend approval of the vacation of Special Use
Permit #454 because the applicant has concluded the process required by the Environmental
Protection Agency and executed an environmental covenant with the State of Colorado, and
WHEREAS, the Board has received a request from Howard Duckworth, dba Weld
County Waste Disposal, Go Richard Judd, Robinson Waters & O'Dorisio, PC, 1099 18th Street,
Suite 2600, Denver, Colorado 80202, dated April 30, 2002, to vacate said Special Use
Permit #454, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Attorney's Office and the Departments of Public Health and Environment and
Planning Services and all of the exhibits and evidence presented in this matter and, having
been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Special Use Permit #454 be, and hereby is, vacated.
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oto
2002-1583
PL0447
SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
Robert D. Masden
Weld County Clerk to the
Date of signature. /ay
111111IIIIIX111111IIII11111X11111X1111III111111111VIII
2 of 9 R 0.00 D .� U LA "Sidi" Tsulamoto
2002-1583
PL0447
‘ste4i,
cOLOBADO
MEMORANDUM
TO: Board of County Commissioners
DATE: May 13, 2002
FROM: Kim Ogle, Planner Ill
SUBJECT: Weld County Waste Disposal
Case Number SUP #454
Howard Duckworth, President
The applicant in a letter dated and signed April 30, 2002 has requested that the Board of
County Commissioners vacate Special Use Permit, SUP 454. The County Attorney's office, the
Department of Planning Services and the Department of Public Health and Environment
support this request on behalf of Weld County Waste Disposal.
2002-1583
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
April 30, 2002
Richard Judd
Robinson Waters & O'Dorisio, PC
1099 I8h Street, Suite 2600
Denver, CO 80202
RE: Weld County Waste Disposal SUP #454
Dear Dick:
As you are aware, there is still a Special Use Permit attached to Weld County Waste Disposal's SUP
#454 site and the revocation proceedings have been pending for at least seven years. The EPA process
appears to have reached a conclusion and your client has executed an environmental covenant with the
State of Colorado. Consistent with the environmental covenant, Weld County would like to see the
Special Use Permit be eliminated since the uses described therein are no longer available. Weld County
could either proceed to revoke the permit or, more preferably, would simply vacate the permit based
upon your client's request.
I would ask that Mr. Duckworth sign this letter and in so doing indicate that he is still the record title
owner of the property within Special Use Permit #454 and that he wishes to have the Special Use Permit
vacated. The Board of County Commissioners, without a hearing, but in a public meeting will then
consider whether to accept such a request and if accepted, the Resolution vacating the Special Use Permit
would then be recorded.
Thank you for your attention to this matter.
pc: Trevor Jiricek
Yours tt'uly, -71
7
Lee D. Morrison
Assistant Weld County Attorney
Weld County Was Disposal, Inc.
Accepte Ltl[,uy[ jP(.G 7A21").
y: Howard Duckworth, President
Case studies - PTTCRockies.txt
Case Studies - PTTC Rockies' Previous Page I Table of Contents
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weld County waste Disposal Site (EPA 7003 RCRA): Closure of an
exploration and production waste disposal facility
Patrick Flynn, H S Resources, Inc.
David Boyce, BP Amoco
Thomas Murphy, LT Environmental, Inc.
Site Background
The weld County waste Disposal, Inc. (WCWD) site was a 40 -acre
commercial waste disposal facility originally permitted to receive
oil field brines and other petroleum related liquid waste derived
from oil and gas exploration and production (E&P) activities. The
facility was built in the late 1970's and was permanently closed in
May 1995. Prior to closure, liquids received were off loaded into a
concrete receiving sump and transported via aboveground pipe to a
clay -lined impoundment (Pond C) where liquid hydrocarbons were
separated from the produced water (brine) and recycled. The water
was transferred to a second clay -lined impoundment (Pond D) where
enhanced evaporation occurred as the primary water disposal method.
The work was conducted in fulfillment of the requirements of an U.
S. Environmental Protection Agency (EPA) RCRA 7003 Administrative
Order (Orders) received by the owner and the two largest local
producers who had previously used the facility. EPA developed the
orders in response to environmental concerns as a result of the
operational practices.
The structures containing the waste products at the time of closure
consisted of the concrete receiving sump, eight A5Ts, two
impoundments, and a sludge drying bed. Since August 1995, remedial
measures were initiated to eliminate the waste present. These
measures included:
Removal of over 647,000 bbls (>27,000,000 gallons) of water
through the operation of an enhanced evaporation system. A
residual 15,000 bbls of heavy brine was injected into a permitted
Class I well;
Removal of 4,300 bbls (180,000 gals) of nonhazardous hydrocarbon
liquids and 20 yd3 of BS&W solids from the ASTs and receiving
sump. The waste was disposed of at a commercial biobed operation;
and
A sludge landfarming program of an estimated 20,000 yd3 of sludge
with elevated hydrocarbon and salts.
Sludge Landfarm Program
The objectives of the program were to:
Eliminate the potential for wildlife to be exposed to the sludge;
Reduce the accumulation of free water in the pond from
precipitation;
Provide easy access to the pond for subsurface characterization
activities;
Reduce the potential for vertical migration of organic and
inorganic compounds;
Provide oxygen, nutrients, and proper substrate (wood chips and
manure) to initiate in -place biodegradation of the hydrocarbons;
Page 1
Case Studies - PTTCRockies.txt
and
Reduce the oily matrix to allow for more precise chemical
characterization of the sludge.
Establishment of Cleanup Objectives
To accomplish the on site landfarming project, chemical specific
cleanup objectives were established through the risk assessment
process that protect potential human receptors. The primary
contaminants of concern of benzene, polynuclear aromatic
hydrocarbons (PAHs), and arsenic were evaluated. The objective was
to establish what the maximum concentration of these compounds could
be after the sludge treatment so as not to pose a threat based on
potential future land use scenarios. This process was concurrent
with the implementation of the landfarming program. The cleanup
goals established were derived from risk -based concentrations
(RBCs), background values, and soil to groundwater transfer
concentrations using the SESOIL/AT123D fate and transport models.
Cleanup goals based primarily on the more conservative RBCs were
established for benzene (0.65 mg/kg) and the PAHs (chemical
specific). Background values were used to establish an arsenic
cleanup goal of 22 mg/kg.
Implementation of Landfarming Program
The initial mixing of bulking material and nutrients was conducted
in May 1997 in Pond C and in March 1998 in Pond D. An estimated
4,125 yd3 of wood chips and 1,000 yd3 of cow manure were added
increasing the sludge volume by 25%. After conducting baseline
analyses, the initial nutrient addition consisted on six tons of
urea and one ton of monoammonium phosphate. Tilling of the amended
sludge occurred on average three times per month from June 1997
through September 1998. A second nutrient application occurred in
June 1998 with 3.8 tons of urea and 0.65 tons of monoammonium
phosphate added.
Performance Results
Periodic performance monitoring of the amended sludge occurred. By
September 1998, the benzene concentration in the sludge was non
detect at reporting limits below the cleanup goal of 0.65 mg/kg. The
observed benzene reduction since the inception of the aggressive
tilling program is 99%. This is accompanied by an overall reduction
in total hydrocarbons (TRPH) concentration of 84%. Although
reporting limits of two PAHs exceeded the established RBC cleanup
goals, mitigation was achieved through the use of the SESOIL/AT123D
models and closure design criteria (i.e. soil cover). The models
demonstrated that as a result of biodegradation in the groundwater,
the potential pathway was not completed. Arsenic concentrations did
not exceed the established background values for the area.
site Closure
Permanent closure was achieved through the elimination of the waste
products and removal of the remaining structures. The ASTs were
dismantled and removed from the site. The concrete sump was
rubbleized and buried on site. Pond C containing the remediated
sludge from both ponds was backfilled with berm material, a soil
cover with drainage controls constructed, and the site revegetated.
Final EPA approval is eminent and post -closure monitoring occurring
to document the success of the closure activities.
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