HomeMy WebLinkAbout20112425.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV #1100045 AGAINST DAVID
BUROUGH FOR VIOLATION OF THE WELD COUNTY CODE
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, David Burough, ZCV#1100045, is allegedly in violation of the Weld County
Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 13th day of September, 2011, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, David Burough, property owner, was present at said hearing, as well as
Sheri Lockman, representative, and
WHEREAS, after hearing the testimony and statements provided, the Board deems it
advisable to refer the matter back to the Department of Planning Services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that ZCV #1100045 be, and hereby is, referred back to the Department
of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ..,e.A,„.....eqrf40, T 7 ,S a J C t_. efvf
Barbara Kirkmeyer, Ch it
Weld County Clerk to the Boa
can P. Conway, Pro-Tem
BY:
Deputy 10-rk to the Bo /
Kit
APPRO , M:
David E. Long
ou Attorney
Douglas adema he
Date of signature: I D-3 - I/
CL PL, Vic*, A"s"_' 2011-2425
10- L-1-1 I PL0824
hiDe
Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV11-00045 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 28339 CR 44
BUROUGH DAVID
Mailing Address: 28339 CR 44
KERSEY, CO 80644
PARCEL:
105314300013-R3277504 Acreage: 73.92
Legal Description: PT S2SW4 14-4-64 EXC BEG SW COR N130' E90' S130'W90'TO POB ALSO EXC S330'OF
W660' OF E1544' (3R)
LOCATION:
Location: North of and adjacent to CR 44 Right-of-Way and East of and adjacent to CR 57
North: Agriculturally Zoned properties
South: Agriculturally Zoned properties
East: Agriculturally Zoned properties
West: Agriculturally Zoned properties
NOTIFICATION INFORMATION:
Certified Date 08/31/2011
Certified Reference Number 7010 1870 0000 4773 0568
Certified Receipt Date 09/08/2011
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision.
PUD development proposals shall not be permitted to use the special review permit process to develop.
VIOLATION REMEDY:
As was discussed at your March 17, 2011 Pre-Application meeting, the operation of Dave's Oilfield
Construction, LLC and/or any associated commercial storage or operations require a Use by Special Review
(USR) permit. The enclosed additional letter was sent to PO Box 471, Kersey. Mr. Popham came to the
Greeley Planning Office showing a Seller's Closing Statement, and asked his name to be released from this
violation as he no longer has any interest in this property.
RECOMMENDATION:
The Department of Planning Services recommends that this case be forwarded to the County
Attorney's Office for immediate legal action.
Is01;w
vmc
Planning Department
ZONING VIOLATION CASE SUMMARY
WORKFLOW SUMMARY:
Case Initiation 03/30/2011 Initiated
Violation 03/30/2011 Violation Notice
Violation 08/31/2011 Hearing Notification
OTHER CASE HISTORY:
04/27/2011 E-mail received From: davesoilfield@what-wire.com
[mailto:davesoilfield@what-wire.com]
Sent:Wednesday, April 27, 2011 3:22 PM
To: Bethany Salzman
Subject: David Burough
Bethany,
We are in receipt of your letter of Violation.
We have been actively working wiwth an engineer to put required
items in place for our property.
We have vacillated back and forth with the Evans property and the
Violation property located
at 28339 Co. Rd. 44.
Just yesterday we received information on the Evans property that it
is permitted with a USR,
which is transferable upon sale.
After we have worked with the engineer on drawing plans for a shop
on 28339 property as well
as addressing the violation concerns, we are changing directions to
possibly purchase the
Evans property and move everything to that location.
We realize you need to know asap, as we have been given a
deadline to comply.
We most definitely plan to comply asap.
Lisa Neer
Assistant to Dave Burough
Dave's Oilfield Construction, LLC.
28339 Co. Rd. 44
Kersey, Co. 80644
office 970-284-6351
fax 970-284-6355
cell 303-549-4034
04/27/2011 E-mail sent From: Bethany Salzman <bsalzman@co.weld.co.us>
To: "davesoilfield@what-wire.com" <davesoilfield@what-wire.com>
CC: Tom Parko<tparko@co.weld.co.us>
Subject: RE: David Burough
Date:Wed, 27 Apr 2011 16:05:34-0600
Lisa,
Thank-you for your e-mail; however, please understand that while the
"existing" USR might be transferable, in order to remain compliant,
you would still need to maintain compliance with the existing USR
Development Standards and Conditions of Approval. USR
fits r
Planning Department
ZONING VIOLATION CASE SUMMARY
applications are custom catered to each individual business needs.
(such as, but not limited to, number of maximum vehicles,
employees, hours of operation, storage, etc.) I highly recommend
you check with a planner to make sure whatever uses you are
proposing aligns with whatever the existing USR might be actually
permitted for. Thank-you
Please feel free to contact me with any questions or concerns.
Bethany
Bethany Salzman
Zoning Compliance Officer II
1555 North 17th Avenue
Greeley, CO 80631
Office: (970)353-6100 Ext. 3555
Fax: (970)304-6498
Web: www.co.weld.co.us
04/28/2011 E-mail received From: davesoilfield@what-wire.com
[m a i l to:d a ve so i t fi e l d @what-w i re.c o m]
Sent: Thursday, April 28, 2011 12:16 PM
To: Bethany Salzman
Subject: RE: David Burough
Bethany,
The existing USR on the Evans property was used as a Roustabout,
the exact type of company we would
run on the property as well
Do you think I still need to get with a planner and if so can you give
me a name?
Lisa Neer
Assistant to Dave Burough
Dave's Oilfield Construction, LLC.
28339 Co. Rd. 44
Kersey, Co. 80644
office 970-284-6351
fax 970-284-6355
cell 303-549-4034
04/28/2011 E-mail sent From: Bethany Salzman <bsalzman@co.weld.co.us>
To: "davesoilfield@what-wire.com" <davesoilfield@what-wire.com>
CC: Tom Parko<tparko@co.weld.co.us>
Subject: RE: David Burough
Date: Thu, 28 Apr 2011 13:32:33-0600
Vest At quick glance, your operation appears to be a much larger
scale operation than Amen's. I would recommend you speak with
Tom Parko, Planning Manager who can assign this to a specific
Planner. However, ultimately, the planner will ask you to have
another Pre-Application meeting for this existing USR sitet Please
see the attached Pre-Application Request linkt
http://www.co.weld.co.us/assets/06a569595bA131520d10.pdf
Please feel free to contact me with any questions or concerns.
Bethany
fetio;
t
Planning Department
ZONING VIOLATION CASE SUMMARY
Bethany Salzman
Zoning Compliance Officer II
1555 North 17th Avenue
Greeley, CO 80631
Office: (970)353-6100 Ext. 3555
Fax: (970)304-6498
Web: www.co.weld.co.us
05/02/2011 E-mail received From: davesoilfield@what-wire.com
[mailto:davesoilfield@what-wire.com]
Sent Monday, May 02, 2011 9:24 AM
To: Bethany Salzman
Subject: RE: David Burough
Thank you-We will follow your recommendations.
Lisa
Lisa Neer
Assistant to Dave Burough
Dave's Oilfield Construction, LLC.
28339 Co. Rd.44
Kersey, Co. 80644
office 970-284-6351
fax 970-284-6355
cell 303-549-4034
09/01/2011 E-mail received ***See Documents***
From: Tom Parko
Sent Thursday, September 01, 2011 8:05 AM
To: sherilockman@what-wire.com
Cc: Bethany Salzman; Michelle Martin
Subject: Burough
Sheri:
Good morning. Attached are the pre-application minutes from the
meeting we had with Mr. Burough back on March 17, 2011 for a USR
on property described as Part of the S1/2 of the SW1/4 of Section
14, T4N, R64W; situs 28339 CR 44.
Mr. Burough is scheduled to appear before the Board of County
Commissioners concerning a violation—operating a business w/o
the proper land use permits. The violation hearing is September 13,
2011. The case number is ZCV11-00153. 1st notice was sent to Mr.
Burough in March 2011 and the 2nd notice was sent in April 2011. If
you would like copies of those letters please email Bethany Salzman
who is copied on this email.
If you have any questions please call or email me.
Kind regards,
tits
h`Pc
Planning Department
ZONING VIOLATION CASE SUMMARY
Tom Parko, M.A., CFM
Planning Manager
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-353-6100, ext 3572
Mobile: 970-302-5333
09/06/2011 E-mail received From: Sheri Lockman [mailto:sherilockman@what-wire.com]
Sent: Tuesday, September 06, 2011 8:17 AM
To: Bethany Salzman
Subject: Re: Burough
Good morning Bethany,
Could you please send me copies of the violation letters. I need to
make sure he is at the meeting.
Sheri
09/06/2011 E-mail sent From: Bethany Salzman
Sent: Tuesday, September 06, 2011 8:23 AM
To: 'Sheri Lockman'
Subject: RE: Burough
Please see attached... thanks
Please feel free to contact me with any questions or concerns.
Bethany Salzman
Zoning Compliance Officer II
1555 North 17th Avenue
Greeley, CO 80631
Office: (970)353-6100 Ext. 3555
Fax: (970)304-6498
Web: www.co.weld.co.us
INSPECTION SUMMARY:
Zoning Code Inspection 08/31/2011 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: there
appeared to be commercial vehicles and items behind the fence. However, no
pictures were taken during this inspection.
?gm\ „="7\
C
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
August 31, 2011
BUROUGH DAVID
28339 CR 44
KERSEY, CO 80644
Zoning Violation Case: ZCV11-00045
Situs Address: 28339 CR 44
Legal Description: PT S2SW4 14-4-64 EXC BEG SW COR N130' E90' S130'W90'TO POB ALSO
EXC S330' OF W660' OF E1544' (3R)
Dear Burough David:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
The above mentioned property remains in violation of the following Section(s) of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
by right.
23-3-20 Uses allowed
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivision. PUD development proposals shall not be permitted
to use the special review permit process to develop.
To bring your property into compliance with the Weld County Code:
As was discussed at your March 17, 2011 Pre-Application meeting, the operation of Dave's
Oilfield Construction, LLC and/or any associated commercial storage or operations require
a Use by Special Review (USR) permit. The enclosed additional letter was sent to PO Box
471, Kersey. Mr. Popham came to the Greeley Planning Office showing a Seller's Closing
Statement, and asked his name to be released from this violation as he no longer has any
interest in this property.
WIIDe.
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
This hearing will take place in the County Commissioners Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you or a representative be in
attendance to answer any questions the Board of County Commissioners might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the
business day before or as soon as possible to the above mentioned violation hearing date.
The Department of Planning Services staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our
records indicate that your were made aware of the nature of the violation including the action necessary
to correct the violation, and that you were given sufficient time to remedy this violation. If you have any
questions concerning this matter, please call me.
Sincerely,
ethany Salzman C
Zoning Compliance Officer II
File: ZCV11-00045
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COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
April 22, 2011
BUROUGI I DAVID
PO BOX 471
KERSEY, CO 80644
Zoning Violation Case:ZCV11-00045
Legal Description: PT S2SW4 14-4-64 EXC BEG SW COR N130' E90' 5130' W90' TO POB ALSO
EXC S330' OF W660' OF E1544' (3R)
Situs Address: 28339 CR 44
Dear Burough David:
The uses on the above described property are being considered as a zoning code violation of Sections of
the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld
County Code:
Chapter 23, Article 111(3). Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right. an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivision. PUD development proposals shall not be
permitted to use the special review permit process to develop.
To bring your property into compliance with the Weld County Code:
As was discussed at your March 17, 2011 Pre-Application meeting, the operation of Dave's
Oilfield Construction, LLC and/or any associated commercial storage or operations require
a Use by Special Review (USR) permit. The enclosed additional letter was sent to PO Box
471, Kersey. Mr. Popham came to the Greeley Planning Office showing a Seller's Closing
Statement, and asked his name to be released from this violation as he no longer has any
interest in this property.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;
however, we have no discretion in this matter if you fail to correct this violation. You have until
06/01/2011
e•
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www_co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's
Office for legal action.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at
the above address, telephone number or e-mail address. If you wish to see me personally, please call
Sincerely.
Bethany Salzman
Zoning Compliance Officer II
File: ZCV11-00045
Seller's Closing Statement (in‘ 10/7/102:31 PM
File 937149
Stewart Title(970) 356-5573
Seller's Closing Statement
Seller(s) David Burough,PO Box 471, Kersey,CO 80844
David Popham,PO Box 471, Kersey,CO 80644
Buyer(s) David Burough,PO Box 471, Kersey, CO 80644
Lender Premier Farm Credit, FLCA,202 Poplar Street,Sterling,CO 80751
Property of the South 1/2 of the Southwest 1/4 of Section 14,Township 4 North,Range
64 West,Weld County,Colorado
28339 Weld County Road 44,Kersey,CO 80644
Closing date 10/8/2010 Proration date 10/8/2010
Bank USB-US Bank-State Escrow account
Escrow Unit 181 -Greeley Division
Escrow Officer Leslie Johnson
Debit Credit
Contract Sales Price 235,986.08
Prorations:
County taxes to
From 1/1/2010 to 10/8/2010 @$4,7000/day 1,315.39
Prorated County Taxes-Parcel 2«Mortgage Broker»
From 1/1/2010 to 10/8/2010 @$0.09342/day 26.16
Other Adjustments:
Seller Paid Title Insurance 964.00
Payoffs:
Payoff of first mortgage loan to«Payoff Lender.'» 235,988.08
Title Charges:
Settlement or closing fee to Stewart Title 150.00
Owner's title insurance to Stewart Title
Liability amount$235,988.08 50.00
Courier Fee to Stewart Title 25.00
Subtotal: 238,518.63 235,988.08
Balance due from Seller: 2,530.55
Totals: 238,518.63 238,518.63
THE UNDERSIGNED, by the execution hereof, hereby (i) acknowledge that they have read the above and foregoing Closing Statement, (ii)
acknowledge that the same is true and correct, and (iii) authorize and direct the Closing Agent to receive all amounts and disburse all amounts
pursuant to the foregoing Closing Statement,
David Burough David Popham
Stewart Ti Greeley Di i51on
sc Officer Broker Authorization
DISCLOSURE
The title company,Stewart Title-Greeley Division in its capacity as escrow agent,has been authorized to
receive funds and disburse them when all funds received are either:(a)available for immediate withdrawal as a matter of right from the financial
institution in which the funds are deposited,or(b)are available for immediate withdrawal as a consequence of an agreement of a financial
institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn.
DEPARTMEN i OF PLANNING SERVICES
cfte-( Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co weld.co.us
' • E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
COLORADO
March 30, 2011
BUROUGH DAVID ( POPI-IAM
PO BOX 471
KERSEY, CO 80644
Zoning Violation Case: ZCV11-00045
Legal Description: PT S2SW4 14-4-64 EXC BEG SW COR N130' E90' S130' W90'TO POB ALSO EXC
S330' OF W660' OF E1544' (3R)
Situs Address: 28339 CR 44
Dear Burough David & Popham David:
The uses on the above described property are being considered as a zoning code violation of Sections of
the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of
any regulations controlling subdivision. PUD development proposals shall not be permitted to
use the special review permit process to develop.
To bring your property into compliance with the Weld County Code:
As was discussed at your March 17. 2011 Pre-Application meeting, the operation of Dave's
Oilfielc Construction, LLC and/or any associated commercial storage or operations require a
Use by Special Review (USR) permit.
Page 1 of 2
Report ID: CODE000021v002 Print Date-Time: 3/3O/2011 10:22:13AM
DEPARTMEN i OF PLANNING SERVICES
Zoning Compliance Division(7--it:1;;„\\ 1555 North 17th Avenue
Greeley. Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
1111 ig • FAX: 9E 0-304-6498100 X 3555
COLORADO
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have until
06/01/2011
to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the
Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at the
above address, telephone number or e-mail address. If you wish to see me personally, please call
Sincerely,
)t \i‘ LI t S1'
(Bethany Salzman_
Zoning Compliance Officer II
File: ZCV11-00045
Page 2 of 2
Report ID: CODE000021v002 Print Dale-Time: 3'30/2011 10.22:13AM
Identify Results Page 1 of 4}
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R3277504 Parcel#: 105314300013
Tax Area: 0738 Bordering County:
Acres: 72
Township Range Section Quart. Sec, Su_bdivison Name Block# Lot# •
I
04 - 64 - 14 - 3 - - /`��
Owners Name & Address: Property Address: I/\��
BUROUGH DAVID & Street: 28339 44 CR /`, '
PO BOX 471 City: WELD / /
KERSEY, CO 80644 l \' -
II •Additional Owners: ;X Pu c ;.'t,'. 1 ,V— :• •- \ •'c\! k r)--- D
POPHAM DAVID _ (11,1
J
SalesSummary
Sale_Da-t_e Sale Price Deed Type Reception #
$0
Legal Description
PT 525W4 14-4-64 EXC BEG SW COR N130' E90' 5130' W90'TO POB ALSO EXC 5330' OF W660' OF E1544' (3R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4167 Acres 1
Agricultural 4117 Acres 7
Agricultural 4117 Acres 61
Commercial 4180 Acres 3
Land Subtotal: 72 $37,393 $10,860
Buildings_Valuation_Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
3 Out Building
4 Out Building
5 Out Building
6 Out Building
8 Out Building
Improvements Subtotal: $242,718 $27,360
Total Property Value $280,111 $38,220
Building Details
Account#: R3277504 Parcel#: 105314300013
Owners Name_&Address: Property Address:
bttp://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=10531... 10/7/2010
Identify Results Page 2 of 4
ef fa,
BUROUGH DAVID& Street: 28339 44 CR
PO BOX 471 City: WELD
KERSEY, CO 80644
Building# Property Type
1 Residential
Individual Built As Detail
Built As: 2 Story Year Built: 1910
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 4456
#of Baths: 2 Roof Type:
#of Bdrms: 4 Roof Cover: Formed Seam Metal
#of Stories: 2
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 408 Detached SQ Ft: 0
Basement:
Total SQ Ft: 0 Finished SQ Ft: 0
Account#: R3277504 Parcel#: 105314300013
Owners Name&Address: Property Address:
BUROUGH DAVID& Street: 28339 44 CR
PO BOX 471 City: WELD
KERSEY,CO 80644
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 0
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3277504 Parcel#: 105314300013
Owners Name&Address: Property Address:
BUROUGH DAVID& Street: 28339 44 CR
PO BOX 471 City: WELD
KERSEY, CO 80644
Building* Property Type
3 Out Building
Individual Built As Detail
Built As: Dairy Milking Parlor Year Built: 1971
Exterior: Wood Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 1508
#of Baths: 0 Roof Type:
http://maps2.merrick.com/Website/W eld/setSq I.asp?cmd=QUERY&DET=PP&pin=10531... 10/7/2010
Identify Results Page 3 of 4
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3277504 Parcel#: 105314300013
Owners Name&Address: Property Address:
BUROUGH DAVID& Street: 28339 44 CR
PO BOX 471 City: WELD
KERSEY, CO 80644
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1971
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1080
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3277504 Parcel#: 105314300013
Owners Name&Address: Property Address:
BUROUGH DAVID& Street: 28339 44 CR
PO BOX 471 City: WELD
KERSEY, CO 80644
Building# Property Type
5 Out Building
Individual Built As Detail
Built As: Shed - Cattle Year Built: 1971
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1000
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage*
Attached SQ Ft Detached SQ Ft
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3277504 Parcel#: 105314300013
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10531... 10/7/2010
Identify Results Page 4 of 4
te\ firs)
Owners Name&Address: Property Address:
BUROUGH DAVID& Street: 28339 44 CR
PO BOX 471 City: WELD
KERSEY, CO 80644
Building# Property Type
6 Out Building
Individual Built As Detail
Built As: Shed -Cattle Year Built: 1970
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1440
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3277504 Parcel#: 105314300013
Owners Name&Address: Property Address:
BUROUGH DAVID& Street: 28339 44 CR
PO BOX 471 City:WELD
KERSEY,CO 80644
Building# Property Type
8 Out Building
Individual Built As Detail
Built As: Shed - Equipment Year Built: 2000
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 2400
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10531... 10/7/2010
Colorado Secretary of State
Filed Date and Time: 07/09/2010 03:31 PM
Document must be filed electronically. ID Number: 20071229545
Paper documents will not be accepted.
Document processing fee $10.00 Document number: 20101385057
Late fee if entity is in noncompliant status $40.00 Amount Paid: $10.00
Fees&forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.statc.co.us and
select Business.
and select Business Center.
ABOVE SPACE FOR OFFICE USE ONLY
Annual Report
filed pursuant to§7-90-301,et seq. and§7-90-501 of the Colorado Revised Statutes(C.R.S)
ID number: 20071229545
Entity name:
Dave's Oilfield Construction, LLC
Jurisdiction under the law of which the
entity was formed or registered: Colorado
I.Principal office street address: 28339 WCR 44
(Street name and number)
Kersey CO 80644
(City) (State) (Postal/Zip Code)
United States
(Province-if applicable) (Country-if not US)
2.Principal office mailing address:
(if different from above) (Street name and number or Post Office Bos information)
(City) (State) (Postal/Zip Code)
(Province-if applicable) (Country-if not US)
3. Registered agent name: (if an individual) Burough David
(Last) (First) (Middle) (Suffix)
OR(if a business organization)
4.The person identified above as registered agent has consented to being so appointed.
5.Registered agent street address: 28339 WCR 44
(Street name and number)
Kersey CO 80644
(City) (State) (Posm4Zip Code)
REPORT Page I oft Rev.5/01/2010
6.Registered agent mailing address:
(if different from above) (Street name and number or Post Office Box information)
(City) (State) (Postal/Zip Code)
(Province—i[applicable) (Country—if not US)
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the
individual's act and deed,or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity
with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic
statutes,and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part,the constituent documents,and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state,whether or not such individual is named in the document as one who has caused it to be delivered.
7.Name(s)and address(es)of the
individual(s)causing the document
to be delivered for filing: Neer Lisa
(Last) (First) (Middle) (Suffix)
28339 Co. Rd. 54
(Street name and number or Post Office Box information)
Kersey CO 80644
(City) State) (Postal/Zip Cade)
United States
(Province-if applicable) (Country-if not US)
(The document need not slate the true name and address of more than one individual. However.if you wish to slate the name and address
of any additional individuals causing the document to be delivered for filing.mark this box ❑ and include an attachment staling the
name and address of such individuals.)
Disclaimer:
This form,and any related instructions,are not intended to provide legal,business or tax advice,and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date,compliance with applicable law,as the same may be amended from
time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
REPORT Page 2 of 2 Rev.5/O1/2O10
Colorado Secretary of State - Summary _ Page 1 of 1
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Notification ID Number: 20071229545
Name: Dave's Oilfield Construction. LLC
Business Home
Business Information Registered Agent: David 13urough
Business Search Registered Agent Street Address: 28339 WCR 44, Kersey, CO 80644, United S
Registered Agent Mailing Address:
FAQs, Glossary and -
Information Principal Street Address: 28339 WCR 44. Kersey, CO 80644, United S
Principal Mailing Address:
Status: Good Standing
Form: Limited Liability Company
Jurisdiction: Colorado
Formation Date: 05/14/2007
Term of Duration: Perpetual
Periodic Report Month: May
You may:
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Search I Accessibility Privacy stoLemenit terms of use 1700 13roadviay, Denver CO 80290 303-894-1
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STATE OF COLORADO
COLORADO DEPARTMEN--OF PUBLIC HEALTH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION o
TELEPHONE: (303)692-3150 !$'
`7 8TG
CONSTRUCTION PERMIT
PERMIT NUMBER: 10PO2030
INITIAL APPROVAL
DATE ISSUED: FEBRUARY 11, 2011
ISSUED TO: Daves Oilfield Construction LLC
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Portable oil field tanks and equipment outdoor painting facility, home-based at 28339 Weld
County Road 44. Kersey in Weld County, Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Portable oil fielc tanks and equipment outdoor painting operations
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO
AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROL ACT C.R.S.(25-:'-101 et seq),TO THOSE GENERAL TERMS AND CONDITIONS
INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
1 Visible emissions shall not exceed twenty percent(20%)opacity during normal operation of the
source. During periods of startup. process modification, or adjustment of control equipment
visible emissions shell not exceed 30% opacity for more than six minutes in any sixty consecutive
minutes. (Reference: Regulation 1, Section II-A.1.&4.)
2. The permit-cumber slag be marked on the subject equipment for ease of identification.
(Reference: Regulation Nc. 3, Part 8, 111.E.) (State only enforceable)
3. Emissions of air polk.tants shall not exceed the following limitations (as calculated in the
Division's preliminary analysis): (Reference: Regulation No. 3. Pal B. Il.A.4)
Volatile Organic Compounds(VOC). 12.4 tons per year.
Particulate Matter(TSP): 8.6 tons per year
Particulate Matter<10 pm(PM10): 8.6 tons per year
Particulate Natter<2.5 µm(PM2.5) 8.6 tons per year
y The above emission -ate is based on consumption rates, and on all other activities,operational
o rates and numbers o'equipment as stated in the application. Anrual records of the actual
consumption rate shall be maintained by the applicant and made available to the Division for
inspection upon request. (Reference: Regulation No. 3, Part B: III.E.)
4. Compliance with the annual emission limits listed above shall be demonstrated by adequate
recordkeeping. The rermit holder shall keep a compliance record en site for Division review. See
Attachment A for an example of recordkeeping format. (Reference: Regulation 3, Part 8.111.E)
5 This source is subjer t to the odor requirements of Regulation No 2 (State only enforceable)
E-
777135011001
i? 1a,tir
Page 1 of 7 '5
•
Colorado Department ublic Health and Environment
Air Pollution Control Division
Daves Oilfield Construction LLC
Permit No. 10PO2030
INITIAL APPROVAL
6. A revised Air Pollutant Emission Notice (APEN)shall be filed: (Reference: Regulation No. 3, Part A,
II.C)
a. Annually whenever a significant increase in emissions occurs as follows:
For any criteria pollutant'
For sources emitting less than 100 tons per year. a change in actual emissions of five tons
per year or more, above the level reported on the last APEN; or
For any non-criteria reportable pollutant:
If the emissions increase by 50%or five(5)tons per year,whichever is less.above the level
reported on the last APEN submitted to the Division.
b. Whenever there is a change in the owner or operator of any facility, process, or activity; or
c. Whenever new control equipment is installed, or whenever a different type of control
equipment replaces an existing type of control equipment; or
d. Whenever a permit imitation must be modified; or
e. No later than 30 days before the existing APEN expires.
7. This source is subject to the requirements of Regulation No. 7.V. regarding Disposal of Volatile
Organic Compounds as follows
No person shall dispose of volatile organic compounds by evaporation, or spillage unless
RACT is utilized. (Regulation No. 7.V A)
8. This source is located in an ozone non-attainment or attainment-maintenance area and subject to
the Reasonably Available Control Technology (RACT) requirements of Regulation Number 3, Part B.
Ill.D.2.b. The following requirements a and b below have been determined to be RACT for this
facility:
a. High Voiume Low Pressure (HVLP)paint spray guns or other Di\ision-approved surface
coating method shal be used for any application of base coats and clear coats in general,
and for any top coat applied. (Reference: Regulation No. 7.
b. The requirements of Regulation No. 7, Part IX as listed in Condition Nos. 9 and 10 below.
9. Fugitive emissions shall be controlled by the following practices: (Reference: Reg.7,IX.A.7.)
a. Control techniques and work practices shall be implemented at all times to reduce volatile
organic compound (VOC) emissions from fugitive sources. Control techniques and work
practices include, but are not limited to:
i. tight-fitting covers for open tanks;
ii covered containers for solvent wipina cloths,
iii. proper disposal of dirty clean-up solvent.
777/3501/001
Pace 2of7
•
Colorado Department of , ublic Health and Environment
Air Pollution Control Division
Daves Oilfield Construction LLC
Permit No. 10PO2030
INITIAL APPROVAL
b. Emissions of organic material released during clean-up operations, disposal, and other
fugitive emissions shall be included when determining total emissions, unless the source
owner or operator documents that the VOC's are collected and disposed of in a manner that
prevents evaporation to the atmosphere.
10. This source is subject to the Regulation to Control Emissions of Volatile Organic Compounds,
Regulation No. 7, Pal IX, Subpart L. Manufactured Metal Parts and Metal Products, Control of
paints VOC content follows:
a. Provisions for Specific Processes(IX.L.2)
i. No owner or operator of a facility or operation engaging in the surface coating of
manufactured metal parts or metal products may operate a coating application
system subject to this regulation that emits VOC in excess of(IX.L.2.a):
. Clear Coatings: 0.52 Kg/1c(4.3 m/yc)(IX.L.2.a (1))
2. Extreme Performance Coatings: 0.42 Kg/1c(3.5 Ib/gc)(IX.L.2.a(2))
Air-Dried Coatings: 0.42 Kg/1c(3.5'°/5c)(IX.L 2.a (3))
Other Coatings and Systems: 0.36 Kg/1c (3.01b/Qc)delivered to a coating
applicator for all other coatings and coating application systems. (IX.L.2.a(4))
Note: Water and"exempt solvents"shall not form part of the coatings for the purpose of
determining compliance with this standard. Compliance shall be determined on a
daily basis.
11. This source is subjec:to the Recordkeeping, Reporting, and Monitoring requirements of Regulation
No. 7. Part IX.A. 8.
12. When relocating this equipment the owner or operator shall (Refe-ence: Regulation No. 3, Part A,
Section II.C.1.f and Part B, Section IIl.E.).
a. Submit a Relocation Notice each time this equipment is moved to a new location within the
State of Colorado. Such notice shall be received by the Division at least ten(10)days prior
to the chance in location.
1). The Relocation Notice shall include a facility emission inventory that includes all
emission units at the site being located to.
2). Records shall be kept of all additional requirements that are triggered by the
relocation including, but not limited to:
•
a). State or Federal New Source Performance Standards (NSPS), National
Emission Standards for Hazardous Air Pollutants(NESHAP), Maximum
Achievable Control Technology (MACT), Generally Available Control
Technology (GACT) requirements
b). Major source requirements
Title V Operating Permits
ii. Prevention of Significant Deterioration (PSD)
c). Permitting of previously Air Pollutant Emission Notice(APEN)required,
permit exempt sources that are no longer permit exempt due to the
relocation of this unit to the site
777/35011001
Paoe 3 of 7
Colorado Department o blic Health and Environment
Air Pollution Control Division
Daves Oilfield Construction LLC
Permit No. 10PO2030
INITIAL APPROVAL
3). Provide ambient air quality impact analysis, or data regiired to perform such
analysis, if so requested by the Division.
b. Keep a record of all relocation notices submitted to the Division
c A complete emissions inventory and an ambient air quality impac:analysis for the site shall
be submitted with the Relocation Notice for this equipment if so requested by the Division.
For information on ambient air quality impact analysis see the Division's modeling guidance
at http//www.colorado.gov/arquality/permits.aspx
13. This unit shall not remain at any one site for more than two(2) years. Pernittee shall keep records
of time spent at each site(Reference Regulation No 3. Part A, 1.6.34.). tf this unit remains at a site
for two years then the permittee shall submit a revised Air Pollutart Emission Notice (APEN)
requesting a permit as a non-portable stationary source
Note: if this replaces a unit and is intended to perform the same functioi as the unit being
replaced then the cumulative time for both units, including the time between removal of the
original unit and installation of the replacement unit, will be counted toward the total time
spent at the site.
14. if this source relocates to a site causing the facility to become Title V Operating Permit major(see
Regulation No. 3, Part A, 1.8.23.)or relocates to an existing Title V Perrritted source then this
source is subject to the provisions of Regulation No. 3, Part C, Operating Permits(Title V of the
1990 Federal Clean Air Act Amendments). The application for the Operating Permit, or modification
for inclusion in the existing Operating Permit, is due within one year of the date of relocation to the
site.
15 The manufacturer, model number and serial number of the subject equipment shall be provided to
the Division within one hunc red and eighty days(180) after commencement of operation.
(Reference: Regulation No. 3, Part B. Section III.E.)
16. Within one hundred and eignty days(180)after commencement of operation, compliance with the
conditions contained on this permit shalt be demonstrated to the Divisior. It is the permittee's
responsibility to self certify compliance with the conditions. Failure to demonstrate compliance
within 180 days may result in revocation of the permit. (Information on how to certify compliance
was mailed with the permit.)
17. This permit shall expire if the owner or operator of the source for which tlis permit was issued: (i)
does not commence construction/modification or operation of this source within 18 months after
either the date of issuance of this initial approval permit or the date on which such construction or
activity was scheduled to commence as set forth in the permit application associated with this
permit; (ii)discontinues construction for a period of eighteen months or more; or(iii)does not
complete construction within a reasonable time of the estimated completion date (See General
Condition No.6., Item 1.). Upon a showing of good cause by the permittee, the Division may grant
extensions of the permit. (Reference: Regulation No. 3, Part B, Section III.F.4.)
By c - -' C By.
Sund`a)Y Fatleyi, P.E. R K I arS ck III, P.E.
Permit Engineer Unit Leader
777/3501/001
Page 4 of 7
Colorado Department or 1-ublic Health and Environment
Air Pollution Control Division
Daves Oilfield Construction LLC
Permit No. 10PO2030
INITIAL APPROVAL
Notes to Permit Holder.
1). The production or rain material processing limits and emission limits contained in this permit are
based on the production/processing rates requested in the permit application. These limits may be
revised upon request of the permittee providing there is no exceedence of any specific emission
control regulation or any ambient air quality standard. A revised a'r pollution emission notice(APEN)
and application form must be submitted with a request for a permit revision.
2). This source is subject to the Common Provisions Regulation Part II, Subpart E. Affirmative Defense
Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any
malfunction:ondition which causes a violation of any emission limit or limits stated in this permit as
soon as possible, but no later than noon of the next working day, followed by written notice to the
Division addressing a I of the criteria set forth in Part Il.E.1. of the Common Provisions Regulation.
See: http:/Iwww.cdphstate.cc uslrequlations/airreas1100102agcccommonprovisionsreq.pdf
3) The following emissions of non-criteria reportable air pollutants are estimated based upon the
material consumption as stated in the application. This information is listed to inform the operator of
the Division's analysis of the specific compounds. This information is listed on the Division's
emission inventory system.
C.A.S.# SUBSTANCE EMISSIONS (Pou-ids per year)
1). 100-41-4 Ethyl Benzene 200
4) The surface coatinc operations are subject to the Federal Maximum Achievable Control Technology
(MALT)codified under Chapter 1, Title 40 CFR Part 63, Subpart HHHHHH if any of the coatings
used contain one or snore of the following metals at a concentration of greater than 0.1% by weight:
chromium, lead, manganese, nickel,cadmium. More information may be obtained from U. S. EPA
website: http://www.epa.qov/ttn/atw/area/fr09ia08.pdf
5). This source is classif ed as a: Minor source.
77713501/001
Pace 5 of 7
Colorado Department t 'bllc Health and Environment
Air Pollution Control Division
Daves Oilfield Construction LLC
Permit No. 10PO2030
INITIAL APPROVAL
GENERAL TERMS AND CONDITIONS. (IMPORTANT! READ ITEMS 5,6,7 AND 8)
This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant
and is conditioned upon conduct of the activity. or construction, installation and operation of the source, in
accordance with this information and with representations made by the applicant or applicant's agents. It is
valid only for the equipment and operations or activity specifically identified on the permit.
2. Unless specifically staled otherwise. the general and specific conditions contained in this permit have been
determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a).
C.R.S.
3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or
appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence. this
permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the
Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and
regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or
condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the
applicant. or the Division revokes a permit, the applicant or owner or operator of a source may request a
hearing before the AQCC for review of the Division's action.
4. This permit and any required attachments must be retained and made available for inspection upon iequest at
the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the
Relocation Notice (required by law to be submitted to the APCD whenever a portable source is ,elocated)
should be attached to this permit The permit may be reissued to a new owner by the APCD as provided in
AQCC Regulation No. 3, Part 13. Section It.B. upon a request for transfer of ownership and the submittal of a
revised APEN and the required fee.
5. Issuance(initial approval)of an emission permit does not provide"final"authorit/for this activity or operation of
this source. Final approval of the permit must be secured from the APCD in writing in accordance with the
provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3. Part B, Section lll.G. Final approval
cannot be granted until the operation or activity commences and has been verified by the APCD as conforming
in all respects with the conditions of the permit. If the APCD so determines,it will provide written documentation
of such final approval, which does constitute "final" authority to operate. compliance with the permit
conditions must be demonstrated within 180 days after commencement of operation.
6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18
months after either the date of issuance of this permit or the date on which st.ch construction or activity was
scheduled to commence as set forth in the permit,whichever is later; (2)discont•rue construction for a period of
18 months or more; or (3)do not complete construction within a reasonable tine of the estimated completion
date. Extensions of the expiration date may be granted by the APCD upon a showing of good cat.se by the
permittee prior to the expiration date.
7. YOU MUST notify the APCD within fifteen after commencement of the permitted operation or activity.
Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No.3, Part 3,Section
111.O.1., and can result in the 'evocation of the permit. You must demonstrate compliance with the permit
conditions within 180 days after commencement of operation as stated in conditi 2n 5.
8. Section 25-7-114 7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice
(APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is
to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon
notification, annual fee billing w Il terminate.
9. Violation of the terms of a perrrit or of the provisions of the Colorado Air Polluticr Prevention and control Act or
the regulations of the AQCC may result in administrative, civil or criminal enfor ement actions under Sections
25-7-1 15(enforcement), -121 (injunctions).-122(civil penalties).-122.1 (criminal penalties). C.R.S.
777/3501/001
Paae 6 of 7
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