HomeMy WebLinkAbout20110597.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING AMENDED USE
BY SPECIAL REVIEW PERMIT#1679 -JLW INVESTMENT, 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,on the 2nd day of March, 2011, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not JLW Investment, LLC,
Attn: Jesse White, 351 Glencoe Street, Denver, Colorado 80220, was in compliance with certain
Conditions of Approval contained in Amended Use by Special Review Permit#1679 for an Oil and
Gas Support Facility (install additional trans and office trailer in an existing Class II Oilfield Waste
Disposal Facility) in the A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as part of
the Recorded Exemption #748; located in part of the NE1/4 of Section 18, Township 6 North,
Range 63 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services, the Board
finds that pursuant to the procedure as set forth in Chapter 2,Administration,the Weld County Code
there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not
said Amended Use by Special Review Permit should be revoked for failure to comply with certain
Conditions of Approval and Development Standards, and
WHEREAS,the Board shall hear evidence and testimony from all interested parties at said
Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that a Show Cause Hearing be scheduled to determine whether or not Amended
Use by Special Review Permit#1679 issued to JLW Investment, LLC, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall
be June 15, 2011, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Conditions of
Approval:
1.J. - A concrete secondary containment structure (floor and walls) surrounding
each tank or battery of tanks shall be constructed. The volume retained by
the structure shall be 150 percent greater than the volume of the largest tank
inside this structure. A Colorado registered professional engineer shall
design the structure. The structure shall prevent any release from the tank
system from reaching land or waters outside of the containment area. The
operator shall provide evidence from the engineer to the Weld County
Department of Public Health and Environment(WCDPHE)indicating that the
structure has been constructed to meet this criteria.
Ct . J LUJ Pl 2011-0597
3 a a-- I I PL2000
PROBABLE CAUSE HEARING CONCERNING AMENDED USE BY SPECIAL REVIEW
PERMIT#1679 - JLW INVESTMENT, LLC
1.K. - The applicant shall submit evidence to the Departments of Public Health and
Environment and Planning Services and the Colorado Oil and Gas
Conservation Commission (COGCC), that the facility was constructed in
accordance with the application materials.
1.L. - The applicant shall install the approved Individual Sewage Disposal System
(I.S.D.S.) for sewage flow from the proposed office trailer (SP-0800131).
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE,I_D COUNTY, COL RADO
ATTEST: ✓/�' `� % ;-i ��2h r Barbara Kirkmeye& ir5
Weld County Clerk to th(1Bo•61 ' cc- P (AYE)
vy- Sean P. C nway, Pro-Tem C
BY:
Deputy Clerk to the Bo�'r (� •� / (AYE)
W^ m F. rcia
David E. Long-
o my Attorney 4. 1 J (AYE)
Douglas ademac r
Date of signature: / //
2011-0597
PL2000
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