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HomeMy WebLinkAbout20111414.tiff RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1679 FOR AN OIL AND GAS SUPPORT FACILITY (INSTALL ADDITIONAL TANKS AND OFFICE TRAILER IN AN EXISTING CLASS II OILFIELD WASTE DISPOSAL FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT-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 June 15, 2011, a Show Cause hearing was conducted to consider revocation of a Site Specific Development Plan and Amended Use by Special Review Permit#1679 for an Oil and Gas Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District, issued to JLW Investment, LLC, c/o Jesse White, 351 Glencoe Street, Denver, Colorado 80220, and WHEREAS, JLW Investment, LLC, is the current owner of the facility located on property being further described as follows: Lot B of 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 WHEREAS, after hearing all testimony presented, the Board deemed it advisable to dismiss the Show Cause hearing, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there is not adequate cause concerning a Site Specific Development Plan and Amended Use by Special Review Permit #1679, issued to JLW Investment, LLC, and the Show Cause Hearing be, and hereby is, dismissed. 'appl 2011-1414 -1- a.-1- l I PL2000 SHOW CAUSE HEARING (AMUSR#1679) -JLW INVESTMENT, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 2011. BOARD OF COUNTY COMMISSIONERS L/� WELD COUNTY, COLORADO wJ ATTEST: ri! ,� �,LLi1«</ -Barbara Kirkmeyer, Chair / Weld County Clerk t.[ ®i @ S; '`•6►` '`BY Ft "� ,� Sean P. Cpnway, Pro-Tem v Deputy Clerk to the B (It(/ Ii F. a APP D AS,T M: ov C David Long nt Attorney DouglAs Radem cher Date of signature: 7/as/Olf 2011-1414 PL2000 • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET#: 2011-25 DATE: June 15, 2011 TIME: 10:00 a.m. APPLICANT: JLW Investment, LLC, c/o Jesse White 351 Glencoe Street • Denver, Colorado 80220 REQUEST: Hearing to show whether good cause exists for revocation of a Site Specific Development Plan and Amended Use by Special Review Permit #1679 for an Oil and Gas Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lot B of 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 ISSUE: Whether or not the Permit holder is in compliance with the following Conditions of Approval: 1) 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. 2) 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. 3) 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). cro//-/WC, • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 26, 2011 PUBLISHED: June 1, 2011, in the Fort Lupton Press • • PROOF OF PUBLICATION III FORT LUPTON PRESS NOTICE STATE OF COLORADO Pursuant tae to nnd the Waws of� County code, a public hearing will COUNTY OF WELD SS. Be held in the y Chambers the Board of County Commissioners of County, Colorado,ntr, Weld h County or, Center, of r do I, Allen Messick, do solemnly swear that am the Publisher 80631,1,at t Floor,Greeley,Colorado 8ed. of the Fort Lupton Press that the same is a weekly if a court the timespesired If a court reporter is desired,please newspaperprinted andpublished in the County of Weld, advise the Clerk to the Board, in writing, at least five days prior of State of Colorado, and has a general circulation therein; the hearing. The cost of engaging a court reporter shall be Dome by that said newspaper has been published continuously and the requesting.party. In accordance uninterruptedly in said county of Weld for a period of more wiAct,th the eAcial a co with aDiccommodations e p yh special accommodations are than fifty-two consecutive weeks prior to the first re inorderforyouloparticipateeari conactthe in qui M,res hng please t publication of the annexed legal notice or advertisement; Clerk to the Board's Office at(970) 336-7215 Extension 4226, prior to that said newspaper has been admitted to the United the day of the hearing. States mails as second-class matter under the provisions The case f may be exe completeined tee c fileClerkte of the act of March 3, 1879, or any amendments thereof, the Board of County Commissioners, Weld County Centennial Center,915 and that said newspaper is a weekly newspaper duly 10th street, Third Floor, Greeley, Colorado 80631. E-Mail messages qualified for publishing legal notices and advertisements sent to an individual Commissioner within the meaning of the laws of the State of Colorado. morenoura ulo in the yourase ll m ensure Includ nfyoursa#a8 That the annexed legal notice or advertisement was correspondence Into the case fl please send a copy to egesic published in the regular and entire issue of every number ce.weld.co.us. of said weekly newspaper for the period of ONE DATE DOCKET 15,2011 . TIME: consecutive insertion (s); and that the first publication of APPLICANT: said PPLICAN0: said notice was in the issue of newspaper, dated 1st day JLWceInvestment, LLC, do'Jesse Whof JUNE 2011, and the last on the 1st day of JUNE 2011 351 Glencoe Street Denver,Colorado 80220 REQUEST:Hearing to show whether good cause exists for revocation of a Site Specific Development Plan and Amended Use by Special Review !� � Permit #1679 for an Oil and Gas �ublisher, Subscribed and sworn before me, this 1st support Facility (install additional tanks.and office trailer in an existing day of, JUNE 2011 Class II Oilfield Waste Disposal Facility)in the A(Agricultural)Zone I District LEGAL DESCRIPTION: Lot B of Recorded Exemption#748;located Notar P llc. in. part of the NE1/4 of Section63 y 18, Township 6 North, Range West of the 6th P.M.,Weld County, Colorado t ISSUE: Whether or not the Permit holder is M compliance with the 1,l, following Condition of Approval 1) 1.J. - A concrete secondary walls)nment structure (floor and } 1a surrounding each tank or battery of tanks shall be constructed. ' O I The volume retained by the structure r shall be 150 percent greater than v` the volume of the largest tank inside .. ...2�/ this structure.A Colorado registered � . . professional engier shall design -shall the structure. The structure prevent any release from the tank . system from reaching land or waters outside of the containment My Commission Expires : 3 'j_ I4 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. 2)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. 3)• Individual a. -The applicant shall install the approved Sewage Disposal System J.S.D.S.) for sewage flow from the office ttrailen(S 0800131). proposed BOARDaw ppF COUNTY WELD COUNTY,COLORADO 2011-1415 DATED: May 26,2011 PUBLISHED: June 1,2011, in the Fort Lupton Press • 86 .1 MEMORANDUM WEL L U- ' O NT Y TO: Weld County Commissioners 'lull DATE: February 25, 2011 ;. FROM: Chris Gathman 5° SUBJECT: Probable Cause for AMUSR-1679 (JLW Investment'tLC) Timeline of events: March 31, 2010 AMUSR-1679 approved by the Board of County Commissioners February 11, 2011 Field Check of AMUSR-1679 site with Troy Swain — Environmental Health and Heidi Hansen — Public Works, Department of Planning Services February 17, 2010 Probable Cause Notification sent • Background: Case # & USR Description: AMUSR-1679 (A Site Specific Development Plan and Amended Special Review Permit for an Oil and Gas Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste Disposal Facility and a Solids Recovery System) in the A (Agricultural) Zone District. Location: North of and adjacent to State Highway 392 and approximately 1/4 mile East of County Road 61 Summary: This case was approved by the Board of County Commissioners on March 31, 2010. Condition of Approval #2 of the approved AMUSR-1679 Board of County Commissioners resolution states the following: "Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within ninety (90) days from the date of the Board of • County Commissioners resolution. The applicant shall be responsible for paying the recording fee." 2011-1416 As of February 24, 2011, the following conditions of approval are still outstanding: • 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% greater than the volume of the largest tank inside this structure. A 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 Dept. of Public Health and Environment(WCDPHE) indicating that the structure has been constructed to meet this criterion." 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 Commision (COGCC), that the facility was constructed in accordance with the application materials." 1.L- "The applicant shall install the approved individual sewage disposal system(l.S.D.S.) for sewage flow from the proposed office trailer(SP-0800131)." Representatives from the Departments of Public Works, Environmental Health and Planning Services met with the applicant(Jesse White) at the AMUSR-1679 site on Friday, February 11, 2011. At that time Mr. White indicated that not all the tanks had been placed into the concrete containment area due to delays in receiving tanks he had ordered 6 + • months ago. Two tanks are remaining to be installed in the containment area. The office trailer and septic system had yet to be installed. Mr. White indicated he could not provide a guaranteed timeframe as to when these items would be completed (due to potential factors such as weather...). Staff Recommendation: 1) Complete the outstanding Conditions of Approval and and submit the AMUSR-1679 plat for recording within 60-days (no later than May 2, 2011). • • 440 I DEPARTMENT OF PLANNING SERVICES WWW.CO.WELD.CO.US E-MAIL ADDRESS: cqathmanco.weld.co.us III O 1555 N. 17th Avenue, Greeley, CO. 80631 � Phone: (970) 353-6100 Ext. 3537 COLORADO Fax: (970)304-6498 February 17, 2011 JLW Investment LLC —Jesse White 351 Glencoe Street Denver, CO. 80220 Subject: AMUSR-1679 (Lot B RE-748; located in part of the NE4 of Section 18, T6N, R63W) Dear Mr. White, • Notice is hereby given that on Wednesday, March 2 at 9 a.m. or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County Code. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review case number AMUSR-1679 for compliance with the Development Standards as approved by the Board of County Commissioners on April 7, 2004 to determine if probable cause exists to hold a hearing of revocation of AMUSR-1679. Notice is hereby given that the property listed above, is not in compliance with AMUSR-1679 (Amended Special Use Permit 1679). Representatives of this office have determined that you are not in compliance with the following condition of approval: "Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within ninety (90) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee." The following conditions of approval are still outstanding: 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%greater than the volume of • the largest tank inside this structure. A 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. 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). If it is determined at the public hearing that there is probable cause that you are not in compliance with AMUSR-1679, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Any information you have that may help to resolve this matter will be helpful. 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 to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, C.114.4O Chris Gathman • Planner III pc: AMUSR-1679 • DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT • 1 8 6 1 - 2 a 1 I 1555 N. 17th Avenue Greeley, CO 80631 >tleH ealth Web:http://www.co.weld.co.usidepartments/healthenvironment/ Health Administration Public Health&Clinical Envkoanantat Health Conmamicallon, Emergency Preparedness Veal Records Services Tele:970.3046410 Tele:970.304.640 ServicesTele:970.304.6416 Education&Planning &Response Tee:970.304.6470 Tee:970.304.6420 W E L c N T Y Fax:970.304.6412 Fax 970.304 6416 Fax 970.304.6411 Falx 970304.6452 Fax 970.304.6469 Our as,on'Together wah the communities we serve,we we working to make Weld County the healthiest place to rne.ream work and play. February 15, 2011 Jesse L.White JLW Investments, LLC 1538 Wazee Street, Suite 200 Denver,CO 80202 Subject: Apollo Operating 15-18 1— 1't Semi-annual Inspection 201 l Dear Mr.White: On February 11,2011,the Weld County Dept.of Public Health& Environment conducted an inspection of the Apollo Operating Class II Injection Disposal Facility,located at 33525 Highway 392,Weld County,Colorado. The purpose of the inspection was to assess the facility's compliance with Site Specific Development Plan and the Amended Use by Special Review Permit Number 1679 (AmUSR-1679)and the Weld County Code. The following needs to be addressed • by Apollo Operating: The facility is operating without the required secondary containment. Please note"prior to approval of pending building permits"condition 1.J.of AmUSR-1679 regarding secondary containment construction still need to be satisfied. Adequate drinking water,hand washing and toilet facilities have not been provided as required by Development Standard 6 of AmUSR-1679. Portable toilets are typically only allowed for temporary uses(seasonal and/or<6 months duration). The above two areas of non-compliance were referred to the Weld County Department of Planning Services. A copy of the inspection form and four(4)photos taken during the inspection are attached. If you have any questions regarding this inspection,please contact me at 970-304-6415,extension 2219. Sincerely, p //4-7 am Troy E. Swain Environmental Health Specialist Environmental Health Services Attachments:(5) cc: Chris Gattunan,Weld County Department of Planning Services(via e-mail with attachments) Denise Onyskiw,COGCC, 1120 Lincoln St.,Ste.801,Denver,CO 80203(via e-mail with attachments) • INJECTION WELL INSPECTION REPORT CHECKLIST • FACILITY OWNER/OPERATOR: 1a 0� a 9 T/ L 37,vcSf FACILITY NAME: A po u o FACILITY ID: 0S- 113-2,5-414 USR: j b 7 1 S-)43 x`/59 Ztq DATE:2-1l-Z011 INSPECTION: QD WELL CLASS: If) CONTACT PERSON: TV 55z j ,ht+- PHONE: �U3 g 0 X88 ADDRESS: (S 38 L,.�AzQ� S� 54- Zoa €-X-A-• Za3 � `") Co go z..6--L30 3- 31(`I- 75-8G(ce") FACILITY LOCATION: 33 5-z s- Nw(--\ 3 Z TRUCK DELIVER1ES/DAY- )0_ \( BARRELS INJECTED/DAY- )UUU _ ( L(Uo INJECTION PRESSURE: 50 •- psi (LIMIT j L 2 ptii i 3 5O11 SOLIDS/SEDIMENT DISPOSAL NAME: C 5 Y PETROLEUM CONTAMINATED SOILS: GS T -w- kt>nk ON-SITE STORAGE: (DN cl°S`' 1"I 6-9e lay Ic.e k5 ClQ,t.,nS CONDITION OF CONCRETE RECEIVING PAD: d tiQ«5 Plvi j ce- LEAK DETECTION SYSTEM MONITORING: Y /6) 1)!71 FREQ/RECORDS: GROUNDWATER MONITORING WELL CONDITION: Ok REPORTS:&Y'N (r1,!, X 45 eij "5) r1 (?01 CHEMICALS STORED:Y Y N ak EMERGENCY RELEASES: Y ISDS: Y dv ≥) Joel 1^eq.vZ ENVIRONMENTAL SPECIALIST: --r,, -fb a� Se Ll-la•i‘eES. PERSONS PRESENT AT TIME OF INSPECTION: L // � eS ce Ch 5 tLf�y�«nv C�eUt 4 lun�,Yw f) , rG t (TRv1 $erg 6Vel) 1b/r'c („) K3 0 CURRENT CONDITIONS/COMMENTS: •p 1�7_eik re6ji,1-- "3� 3 1 } I • eG4.7 �{ Zg0 p', • r1 v\v‘'/\c" \??ra.bv<\\-te.c r6""t ivk L T e ( Mk(Zolo, ,,�: Stew-�o-r1 ec. . /11.0^c"�f Fa_i% 1 0-4+f 1V, �Y- 1�1;i.,�.�t c. tL, (r�•�( LSD- V'`'��'var+ev S 4,4.( 1,.-ettegiSe- i • • . t C i i 1 . 1 L I a i ` ` 1 .1!. t .I : • I 1, \ • . ill • . I • to .1 ; , N it. _ ::: ... _ I. I lilts lit ),` A. t'l ''. r � � . 1R 1 , 1•I.hi ri % g% • f % : lb ti_ • I • ! t if - . . .** ! .. il r. + Y • 4 It ,V v t II it . 1. :t --- k . . "I'll I . t , • l • •. I. 4. ll i V' SY t a 4 — Pie 1e w +� I 1 Ato 4), iii , , t. . - • • . \. ' li . . . •1 ti 1\ , ) 1 �. , ,i ;, , A r1 ` if a ki,i ' \ i i _ k ' . 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'I .` I i \ k J. _ J • :,\ i fr 1• i- 1 - 1 1 . • ii i it t I Ai jj 1 t ::� ti., ,:: i • . � �, l l,• Il 't i, 'rt 4 '• I ' I • t1 P • CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket#2011-25, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 3rd day of June, 2011. JESSE WHITE PARRY PEPPLER TRUSTEE JLW INVESTMENT, LLC AND ELLA PEPPLER 351 GLENCOE ST 30771 COUNTY ROAD 68 DENVER CO 80220 GILL CO 80624 STATE OF COLORADO LINDSEY AND RUTH WILSON SUITE 640 33830 COUNTY ROAD 61.5 600 GRANT ST GILL CO 80624 DENVER CO 80203 ROBERT WILSON CORNISH PLAINS LIVESTOCK LLLP 33727 STATE HIGHWAY 392 1601 44TH AVE CT #1 GILL CO 80624 • GREELEY CO 80634 DAY MOBILE HOMES INC /] 37621 COUNTY ROAD 39 L 1 fvl l C! [U EATON CO 80615 Deputy Clerk to the Board RANDY AND ERIN HAMMERSTROM 33667 COUNTY ROAD 61.75 GILL CO 80624 CLIFFORD AND LINDA JUNG 33727 COUNTY ROAD 61.75 GILL CO 80624 DONALD LUTZE 33505 COUNTY ROAD 61.75 GILL CO 80624 KENT AND DEANNA MCDANIEL 33389 COUNTY ROAD 57 GILL CO 80624 • FRANCISCA PEDROZA OLIVA 101 21ST AVE #21 GREELEY CO 80631 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2 • AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 079918100021 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. oha if Signature 6'z(//ii Date Property Owners Within 500 ft. of Parcel# 079918100021 NAME MAILING ADDRESS PARCEL IDENTIFICATION 600 GRANT ST STE 640 COLORADO STATE OF 079917200014 DENVER,CO 80203 1601 44 AVE CT#1 ✓CORNISH PLAINS LIVESTOCK LLLP 079917200024 GREELEY,CO 80634 1601_44 AVE Cl OR SH AI L ESTO LLL 079 9&389611" GREELEY,CO 80634 37621 CR 39 DAY MOBILE HOMES INC 079918402004 EATON,CO 80615 / HAMMERSTROM RANDY L 33667 COUNTY ROAD V 61.75 079918100043 Additional Owners: HAMMERSTROM ERIN R GREELEY,CO 80624 / JUNG CLIFFORD L 33727 CR 61 3/4 079918100041 Additional Owners: GILL,CO 80624 JUNG LINDA L 33505 CR 61.75 • LUTZE DONALD 079918101001 GILL,CO 80624 LV5E-50-1 - http://maps2.merrick.com/website/weld/setsql.asp 5/26/2011 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2 GILL,CO 80624 • X05 CR 61 3/4 _ Lid EIDON 1LD 079918402003 GILL,CO 80624 / MCDANIEL KENT J 33389 COUNTY ROAD 57 Additional Owners: 079907400025 MCDANIEL DEANNA R GILL,CO 80624 101 21 AVENUE NO 21 /OLIVA FRANCISCA PEDROZA 079918100022 V GREELEY,CO 80631 30771 COUNTY RD 68 ✓ PEPPLER PARRY EARL 079918400006 GILL,CO 80624 30771 COUNTY RD 68 kElyrf1TPAY EA�L� 022 GILL,CO 80624 PEPPLER PERRY E TRUSTEE & 30771 CR 68 ELLA 079918100008 GILL,CO 80624 JWILSON LINDSEY C 33830 CR 61.5 Additional Owners: 079918100037 di WILSON RUTH MARION GILL,CO 80624 33727 HWY 392 WILSON ROBERT P 079918100024 GILL,CO 80624 • http://maps2.merrick.com/website/weld/setsql.asp 5/26/2011 • U.S. Postal ServiceTr., ti CERTIFIED MAIL,. RECEIPT to (Domestic Mail Only;No Insurance Coverage Provided) F r•elivery inf rmati•n visit •ur we•site at www.us•s.c•mw Postage $ m Certified Foe p Postmark p Return pt ReceiptFee - Here (Endorsement Re ) Restricted Delivery Fee RI —(Endr t m Dit Required) 4] Total Postage 8 Fees $ CI Sent To UEsSE UJH/ •" WZn n�iNT} r` Street,Apt.Alai or PO Sox No. 35) ��E.NLO E S 1 City,State,ZIP+4DEN ,C- Z z(.L.Jl • PS Form 3800,June 2002 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPIE tE THIS SEC HON ON DELIVER1 • Complete kerns 1,2,and 3.Also compld^ A. Sig —• item 4 if Restricted Delivery Is desired. \N.__ X 0 Agent • Print your name and address on the reverse-- 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No d 6666 Hutt/TE dLGI/1,VVE5TMENT GLL 351 C7LENCDE ≤T,2EET COG -7O2 3. Service Type 7J EA VE/Z, O O Z J ❑Certified Man ❑Express Mail O Registered ❑Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number 7005 1820 0003 5225 0525 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 10289542-M-1840 • • U.S. Postal Service., CERTIFIED MAILTM RECEIPT "T (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf•rmati n visit •ur we•site at www.us•s.c•m® Lr1 ru ru < ° .. .., .. Lr1 Postage $ m O Certified Fee Postmark D Return Ret Receipt Fee - (Endorsement Required) Here r Delivery Requiree ) - fll (Endorsement RestictedDRequired) r7 IrD Total Postage 8 Fees $ Ln C Sent To %Stale of CD Lora DO M1 Street,Apt No.; or PO Box No. Stfe_' to yo 7'i7� T City,State,ZIP+4 ryao 6/[ J DFNy rz to drDZD3 • a SENIE': Ce M•LETE THIS SECTI•N COMPLETE THIS SEC[ION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. X // �_/ El Agent • Print your name and address on the reverse El Addressee so that we can return the card to you. B. Received by(Plated Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: if YES,enter delivery address below: ❑No ,51RTEofcoto,c/9-Do _514 TE 6,90 6 0O e 7 zi9A/r T� EN1/E- Cam0 o V Z d3 3. Service Type ❑Certified Mal O Express Mall O Registered El Return Receipt for Merchandise El Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1820 0003 5225 0518 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 10Post5.02-M-1540 • • U.S. Postal ServiceTv o CERTIFIED MAIL,. RECEIPT i- (Domestic Mail Only;No Insurance Coverage Provided) p F• .•elivery inbrmeti.n visit •ur we•site at www.us•s.c•nw„ RI Ln Postage $ m In Certified Fee O Postmark p Return Receipt Fee - Here (Endorsement Required) p Resre Required)tyee - 2 (Endorsement tedDlivery oli3 Total Postage&Fees $ Ln O Sent T�r � _h f/c ,( C Zior1v/Iy' t / p 11F�'U !✓11Th/.\7n� //�lt�/1l�' ✓n-r�f/,// ..1 f!/1.}�, W ottz fives 1/ /'1 gi/Tri fivc � 7! l City,State,ZIP+4 i O C i , 3 3 —25 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature Item // C ❑Agent ttrin 4 If Restricted amea Delivety Is desired. X Q �-tom.,,.-'� O Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. R ived (Printed Name) I C. Date of Delivery ■ Attach this card to the back of the mailplece, ( kid'f L- "JI or on the front if space permits. D Is delivery 1? ❑Yes 1. Article Addressed to: . If YES,a er del ry address No Coke sh Flaws Uvc310 K /00/ g1714h A ,/�� 0"/#1 JUN OS9 11 0/2cr/v'a- , C �(D34L 3 T /4,�� i/ Cl eMirer _f/ COOL O Registered Receipt for Merchandise o Insured Malt O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1820 0003 5225 D402._ (Transfer from service label) — —— PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 0 • U.S. Postal Service,, CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) F.,•slivery inf rmati•n visit ur we•site at www.us•s.c•nt • ru u-I Postage $ m Certified Fee Postmark CI Return Receipt Fee Here (Endorsement Required) fOU Restricted Delivery Fee - (Endorsement rsemeDt Required) Total Postage&Fees ll1 Sent To Th., '/ /y� Sentotre ,Apt.J) , �6ti/L MO' 7173 or PO Sox No. 7�2I a 3 Co6N konv 3 City,State P S F.rm 3',e.June 2n2 See•everse t.rinsiructi ns • SENeE•: C•M•LETETHISSECTI•N O•M'LETETHISSECTI•N •N•EuvE•v • Complete items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery Is desired. X f O Agent l• Print your name and address on the reverse t ' O Addressee so that we can return the card to you. B. Receir'• by(Pdn •Name) C. Dat=of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 1? O es t Article Addressed to: lie mobs•le x^e� If YES,enter delivery address below: O No 37(c21 CL'JN1K €W03' EA / w Co eb t(// 3. Send Type Mall O Express Mail O Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1820 0003 5225 0419 (flinger from sante tabel) PS Form 3811,February 2004 Domestic Return Receipt lczygy.c2-M1g10I • • U.S. Postal Service,. N CERTIFIED MAIL. RECEIPT l7 (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf•rmati nvisit ur we•ske at www.us•s.e•m� Lrt rU 111 ,. .. .,.r ...., U, Postage $ m Certified Fee O Postmark O em ntR Reipt quire) Here (Endorsement Required) reed Delivery Fee - ru (Endorsement Required) rl Total Postage 8 Fees 111 O Sent T knanclas �vo ithv NRMM6Q6Ti&ol l street Box No.Apt. tVe or PO 4,33 ipb7 Camay 0/40 (01 75- City,State,ZIP- ` /� W O,06 • L �(ji,'Pi} 'F I HD, SFC J ION ON DELNE1fl SENDERS COMPLETE THIS SEC HON ■ Complete Items 1,2,and 3.Also complete a Si azure , t Item 4 If Restricted Delivery is desired. X ' ktt'� .$ i D�t • • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by ) C. pate of Delivery ✓ • Attach this card to the back of the mallpiece, ) 4 or on the front if space permits. /-249-4A D. Is delivery address different from item 1? Y 1. Article Addressed to: If YES,enter delivery address below: 0 No 3��D7 (�'/MY/ZOAa ME�M ', 17(LL 160 Boe,0Zy TyPe flied Mall 0 Express Mall ❑Registered 0 Return Receipt for Merchandise O Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number 7005 1820 0003 5225 0426 (Pander from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • • U.S. Postal Service., CERTIFIED MAIL-TM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) . . • ••elivery inf•rmeti n visit•ur we•site at www us sc•ru m® Ul U, Postage $ m O Certified Fee O Postmark l7 Return Receipt Fee Here (Endorsement Required) Restrceed Delivery Required) Fee - ru (Endorsement Raquve e r1 a Total Postage&Fees Sant /I/ r.V r'`'1 .e/lllnith GgfCA .�/)-r'/-/1 Street' 3 7Z Y1-0//1//1 _goad (;I75- orPO box o. City,State,Zl• C G I See averse Lrinstrutli•ns • ar - 75- SENDER' COMPLETE THIS SECTION Li/WYLLIE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A Signature • ,. Item 4 if Restricted Delivery is desired. X �✓�/ 9 1 Agent • Print your name and address on the reverse // ,l �f Addressee St ch we can return the card to you. p B.p�ceived by(Pdn Namey' of Delivery ■ Attach this card to the back of the mail lace, U Gt ,fir/ ll//CUJ__ or on the front if space permits. w D'Is del' Tess different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No dt/Fro/1) AND _/NOR TUNE 337 z7 6aNTy/01W (et-75- 67/Lt- / CO evb&'/ 3,sa :aloe Mall O Express Mall ❑Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes z• Article rfom service Number' Monster n 7005 1820 0003 5225 0433 (rlm� keep PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • • U.S. Postal Servicew T- CERTIFIED MAILTM RECEIPT (Domestic Mall Only;No Insurance Coverage Provided) F•r•elivery ini•rmati•run visit ur we•site at www.us•s.c•mca 111 s.,::, F ru Postage $ m p Certified Fee p Postmark in Return Receipt Fee(Endorsement Required) - Here Restricted Delivery Fee - (Endorsement Required) rl Total Postage&Fees $ 111 p Sent To �N GIBr �T/alg Sor PO Box No.ent , /5v5 �D1 hi SD &/, 75- City, State.ltP.l' I L'L- SF•rm3'1r.June2rr2 See'eversctorinstrncti•ns � Z SENDER: COMPLETE THIS SECTION COnn'l[ir THIS SECTION off I)ELIVERY • Complete items 1,2,and 3.Also complete A. Signature , ' _2 Agent Item 4 if Restricted Delivery Is desired. X �i 6�'Z. ❑Addressee • Print your name and address on the reverse �;11 I C. pate iverY so that we can return the card to you. B. ?calved pyed (P�inted • Attach this card to the back of the mailpiece, 1s �/ or on the front if space permits. D delivery address different from Item 1? 1. Article Addressed to: If YES,enter delivery address below: ❑No .JAGD GAITZE 3r3506-��anvi ,OAD l 1. 7S V l l V'� Loz- 3 `�'1,rt l p Expressl res Receipt for Merchandise /❑Insured Mall ❑C.O.D. 4. Restdcted Delivery?(Extra Fee) D yes 2. Article Number - 7005 1820 0003 5225 0440 (Transfer from service tabe17 PS Form 3811,February 2004 Domestic Return Receipt 10259502-M-1540 411 • U.S. Postal Service.ry, E CERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) O F•r•elivery inf•rmati•n visit•ur we•site at www.us•s.c•ltb ru L rl Postage $ m O Certified Fee O Postmark O Return Receipt Fee Here (Endorsement Required) Res(Endorsetedment Delivery Required) Fee — flJ (Entltrument Required) ra rl Total Postage&Fees ,$ P u-1 O Sent To K.l<.NT 4-AlbbDe-ANNA 14 AlIICL, 'si eet,mot.Ne333,9€7 Gr71Ji.va_,QOW 5'7 or PO box No. City,State,ZIP+4,, t • I - L!, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A t'gnature item 4 if Restricted Delivery is desired. (I r'.' O Agent ■ Print your name and address on the reverse (4/) �l c' �. I `L ,, O Addressee car d that we can return the to you. B. R�ryy by(Punted Name) C Date of Delivery II Attach this card to the back of the maiiplece, ^ + (v/ k,^ i C. �, v-// or on the front If space permits. ...L HOOll r C 1 tl-� D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No /LENT AND TEANNA Mc DAN ;33&9 CouN i lead 5- ga via LL Co caZy •/3'≥ ifi d Mail O Express Mali O Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes ^nide Number 7005 1820 0003 5225 0457 'ander from seMce label) rm 3811,February 2004 Domestic Return Receipt 10259502-M-1540 • • U.S. Postal Service,., CERTIFIED MAIL.M RECEIPT (Domestic Mall Only;No Insurance Coverage Provided) F•r •elivery inf•rmati n visit•ur we•site at vrww.us•s.c•ru m, 1P is fi N .. , c..... .., .._• Postage $ In p Certified Fee p Postmark I= ec R n Retureipt Fee - Here (EndorsementRRequired) e Restricted Delivery Fee - ru (Endorsement Required) a Total Postage&Fees .$d.p t17 in Sent To - fganasta PciorD2a--.Oily M1 Street.Apr.No.; nII or PO Box No.. Iv l 1 St AV 0-1 City,State,ZIP+4 thREF_ • ^/1 SENDER: COMPLETE THIS SECTION COMPLLTE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. SI•natu, , item 4 if Restricted Delivery is desired. Agent 4 • Print your name and address on the reverse - ! Bi Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mail piece, isc 4. /�,f,/ b-it or on the front if space permits. D. Is delivery address deferent from hem 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: in No Fl�f}NG�CI9 Pr 2DZA Ob vR 10�I Z ISf 4 AVEE�/�N� UE1 -*a 1 eI zEE L E 1�y, Co Rob 3 ( Service•Typeali O Express Mail O Registered O Return Receipt for Merchandise ❑ Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1820 0003 5225 0464 (Transfer from service lade° PS Form 3811,February 2004 Domestic Return Receipt 102595-04-IA-1540 • U.S. Postal ServiceTr., CERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) F.r•elivery ini•rmati•n visit•ur we•site at www.us•s.c•rn u7 ru ft, Postage $ m p Certified Fee O p Return Receipt Fo Postmark (Endorsement Required) Here Restricted Delivery Require) rJ (Endorsement livery Required) ra Total Postage&Fees Lr7 O Sent To ,rRA Rv Street,Ax o. �t r�' L Pe ^p LE-12_ or PO Box No. I'tl�� Vy/l lJl`'1V 1V Clry State,ZIP+4 3977I --co�r }z7t*f (AIL / - �C�J/nZy „ • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DLL,VERY • Complete Items 1,2,and 3.Also complete A. S t Ire O Agent item 4 if Restricted Delivery is desired. X O Addressee • Print your name and address on the reverse gin so t canto return the card to you. g ,b9,/P/1 . y�n� C. e of Delivery • Attach this card to the back of the mailpiece, �/ or on the front if space permits. D. Is delivery address different from Item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: El No potz 30-711 C V L)I V erg 0 66 3 Se Ty, C O bag ' ed Mall O eturn Mall l"� ,X SFtlstarad O Return Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delveyl(Extra Fee) O Yes 2. Article Number 7005 1820 0003 5225 0488 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • • U.S. Postal Service,. CERTIFIED MAIL, RECEIPT f (Domestic Mail Only;No Insurance Coverage Provided) O F•r •elivery lnf•rmati•n visit•ur we•site at www.us•s.c•ms (r u'I Postage $ m l7 Certified Fee0 Postmark O Return ReceiptRequired) equire)e Here (Endorsement Requiretl) r Delivery Required) r ee ) f1J (Endorsement RestictedDRequiretl) rR a Total Postage&Fees o Sent eet A t ND Y �N.v? RUTH W11' 2 r or PO Sox Noie/O 1`1.I. •-"1.:�._.Lo�!.�l' City,Stele,ZIP+4 11 V S F.rm 3'Il Jvne 2ll2 See•averse for lnstructi•ns • 2,[/ OQrJPI L 11 1 r nS SECZION ON Oil al I:v SENDER: COMPLETE THIS SECT/ON • Complete Items 1,2,and 3.Also complete A. Sig O Agent item P 4 if Restricted Deliverydre is desired. X �u��, ✓,,/ Addressee • Print your name and address on the reverse ofLvery so that we can return the card to you. B. R/e�,e ed by(Pdntedl�me) C. a._ ■ Attach this card to the back of the mailpiece, / S� \ - or on the front if space permits. D. Is delivery address different from Item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No t Ai 6 Y AND 12TH WII N 338>30UDuNlY goaD (o►•s aitt. co N (024 31y�` ' Type rtllfled Mail O Express Mail 4:RegIstered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Deilvert?(aim Fee) O Yes 2. Article Number 7005 1820 0003 5225 0495 (Transfer from service label) PS Form 3811,February 2004 pom estIc Return Receipt 102595-02-M-1540 • N O U.S. Postal Service,:, IIi CD g co p/D z o �� CERTIFIED MAIL„„ RECEIPT I F D e 41):" a o (Domestic Mail Only;No Insurance Coverage Provided) N F r elrveLi] ry mf rmad nvisit ur we•site atwww us•ac•ma till ��'I N _ ru a7 '`, <O u- - 11.J am u l6 c - Pastage $ 4 Ng Q C Fr'1 O311NI1 0 0 O Certified Fee - Postmark '] s,f�r r .h' O Return Receipt Fee Here F.. .{{t - (Endorsement Required) ' i.�.IL�4 CI ru Restricted Delivery Fee H, SLll ILL (Endorsement Required) vol - r�, - ';:� `fib, Total Postage&Fees $ •k•.. }J v ▪l O Sent To /f bca/ t'V I 1/26\1 1 " �— N •'� Street Apt.No.; q or P 6 Box No. ;3 l27 ,/1/T /I/(.,(I wl'fl ,J/a �ipo M - er Ciy,State,ZIP+a 611-1.- / D A,b2- —� } __PS Form 3800,June 2002 L See Reverse for Instructions imui ru R.1 5 Q __S u-i 2 — Il ._s' Z • — N = . ci i- 0 o J_ WCO 5aC ~ co iii n0 V si moms o mni- _i oCt i `' t3I o rikl ID o „ J`5 m o A w H• Lo o OF X -J tiell cc ° w -I In O CC U a 0 r o z = o • 02 �w 3 • 1861 - 2011 Memorandum TO: Barbara Kirkmeyer, Chair Board of County Commissioners WEL DEC O UN T 7 FROM: Troy Swain,EH Waste Program Coordinator,Department of Public L Health and Environment DATE: March 2, 2011 SUBJECT: JLW Investments (Apollo Operating), Am USR-1679—Facility History for Show Cause Hearing. August 3, 2008 - Complaint, facility receiving Class II injection wastes commercially without a land use permit. August 2008 - Correspondence between facility and EH regarding secondary containment and construction requirements for commercial disposal facilities in Weld County. • November 4, 2008 -Facility injection well approved by COGCC for commercial disposal of Class II wastes. November 2008 -USR conditions drafted allowing alternate secondary containment other than concrete if deemed equivalent by EH. January 28, 2009—USR-1279 approved with alternate secondary containment other than concrete allowed if deemed equivalent. February 10, 2009—Complaint, facility receiving Class II injection wastes commercially without a land use permit. Facility receiving commercial wastes plat not recorded. February 18, 2009 -Facility cited in inspection for operating a commercial facility without having required secondary containment(prior to approval of building permits). March 30, 2009—Groundwater Monitoring Plan approved. January to April 2009—correspondence between facility and EH regarding alternate design equivalency to concrete. June 9,2009—Facility cited in inspection for not having required secondary containment(prior to approval of building permits). • July 27, 2009—Weld County Planning notification that AmUSR required due to installation of additional tanks. �BR NOTE: 2 SIDED DOCUMENT L�i ten 52-_ aafl-P/17 Va0-1- August 11,2009 -Facility cited in inspection for operating a commercial facility without having required secondary containment (prior to approval of building permits). September 28, 2009—Plat recorded. . October 23, 2009 -Facility cited in inspection for operating a commercial facility without having required secondary containment(prior to approval of building permits) and operating without groundwater monitoring (plan approved March 2009). November 2009— ls' groundwater sampling events. December 18, 2009—Photos taken by Department of soil berm used for secondary containment. Not approved by Department as equivalent. Base area unlined. No adequate engineering provided. January 21, 2010 -Facility cited in inspection for operating a commercial facility without having required secondary containment (prior to approval of building permits). January 27, 2010-AmUSR-1279 Hearing continued. March 17, 2010-AmUSR-1279 Hearing continued. March 31, 2010 - AmUSR-1679 Approved for additional tanks and includes requirement for concrete secondary containment prior to recording the plat. Same specifically agreed to by applicant during hearing. No alternative containment allowed. No construction had ever been accepted as equivalent by EH (non-concrete structures). October 22,2010 -Facility cited in inspection for operating without required secondary containment (prior to approval of building permits). Concrete secondary containment poured. New flat tank installed near unloading pad for future use. • February 11, 2011 -Facility cited in inspection for operating a commercial facility without having required secondary containment(prior to approval of building permits USR-1276 &prior to recording the plat for new tanks AmUSR-1276). New flat tanks installed near unloading pad for future use and new tanks for settling process in concrete secondary containment area for future use. Process operating without required secondary containment. • Christie Peters From: Chris Gathman ent: Thursday, May 26, 2011 1:20 PM Christie Peters Troy Swain Subject: RE: Status AmUSR-1679 Christie, To summarize our conversation this morning. Mr. White is continuing to work on finalizing his outstanding conditions of approval.Troy and myself are scheduled to visit the site on Tuesday, June 7th.The biggest remaining issue that I can see is that Mr. White pulled a building permit for a stick-built office a couple of weeks ago. It sounds likely that the office building will not be ready to be occupied by June 15`h. Staff will want to see how much progress has been made on this building before we make a definitive recommendation to the Commissioners. Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO.80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Christie Peters Sent: Thursday, May 26, 2011 8:32 AM To: Chris Gathman Cc: Troy Swain; Esther Gesick Subject: Status AmUSR-1679 Chris/Troy, Please send me a quick update on the status of this case. Chris, I will probably need an updated summary from you, if applicable. Thanks, Christie Peters Deputy Clerk to the Board E IT I15 1035th 000, G 4228 CO 80631 0-356-4000, ext: 42281 cmpeters@co.weld.co.us 1 Christie Peters Atom: Chris Gathman nt: Monday, June 13, 2011 11:49 AM To: Christie Peters; Elizabeth Strong Subject: FW: USR - 1679-Probable Cause Hearing Attachments: Concrete Containment Engineering - N. Pad.pdf; Concrete Containment Engineering - S. Pad.pdf Importance: High Here is an e-mail and attachment for the USR-1679 Show Cause hearing scheduled for Wednesday. I will be putting together a follow up memo for the Board of County Commissioners. However, I will need to do a field check of the site before I prepare the memo (it will be a couple of pages) and it will not be ready until end of today or beginning of tomorrow. I realize that it is past your deadline so I can provide paper copies and e-mail it directly to the Commissioners. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO. 80631 Ph:(970)353-6100 ext. 3537 Fax: (970)304-6498 • fl rt i l i a T f 0 ! 1 l Y I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jesse White [mailto:JWhite@apollooperating.com] Sent: Wednesday, June 08, 2011 11:19 AM To: Chris Gathman; Troy Swain Cc: Trevor Jiricek; Frank Piacentino; Kenneth Swanson; 'Chad Sanger' (csanger@turnkey-builders.com); preston199@slbbi.com; Rhiney Lapp (rhineylapp@what-wire.com); Mike Polenz (mpolenz@kci.net); Sang Nguyen (NguyenS@fei-den.com); apachefieldsvcs@q.com; Jake Miller (jvjsa5@aol.com); Donald Libhart (libcoplungers@aol.com) Subject: RE: USR - 1679-Probable Cause Hearing Importance: High Chris &Troy: In reference to the above captioned matter and our conversation yesterday on completion of all items associated herewith I wanted to give you an update and time line as to where things are based on my meeting with all my field personnel and the contractors doing work for Apollo yesterday in the field. Der 1 16 Item LJ -As discussed and observed the secondary containment is up and the majority of the tanks are set therein. Tomorrow (Thursday 6/9/2011) the tanks currently outside of the containment will begin to be taken out of service and cleaned;we expect to work through the weekend and have them set in the concrete containment by lily next week or prior to 6/15/2011. At a minimum they will be cleaned and out of service and all pipes sconnected, however,we plan to have the tanks we are going to continue to use in the containment prior to the 6/15/2011 hearing date. I will keep you posted on progress and let you know exactly where things stand prior to 6/15. Further, attached are the engineering drawings for the secondary containment with the calculations for containment capacities as requested. Item 1.K-Per our conversation yesterday in your office (and your field observation on the same date) the facility has been constructed in accordance with the application material; the COGCC is aware of the same. Item 1.L -The I.S.D.S. (SP-1100036) is installed and will have final inspection done this Friday (6/10/11);we have running water hooked up on site as well. The building that will house the facilities for the I.S.D.S. will be "dried in" on Friday. As such we will call in for the rough inspection for the framing, electric, and plumbing this Friday for Monday (6/13/2011). After the Monday inspection we will promptly install the facilities for the I.S.D.S. into the rough building;at best this puts us for a final plumbing inspection on Wednesday 6/15/2011). While the aforesaid is our goal this is a very tight schedule and based on the conversation with all my guys yesterday is a bit of a lofty goal. At the end of the day I believe "technically" we will have satisfied everything on the probable cause hearing for USR - 1679. However, having the actual building done with a TCO or CO is virtually impossible...we will have a certificate of occupancy ASAP regardless as I need a place for my guys to work and we did not start the building not to finish it. If you have any questions please contact me immediately; I will bring the Mylar plat and recording check with me to the 6/15 hearing to finally put this thing to bed! Thank you in advance for all your help on getting to the finish line dire! Regards, Jesse L. White, CPL Operations Manager/Manager APOLLO OPERATING, LLC -JLW INVESTMENT, L.L.C. Mailing: 1538 Wazee St., Suite 200, Denver, CO 80202 Office: 303.830.0888 x 203 Facsimile: 303.830.2818 Mobile: 303.349.7586 E-Mail: jwhite@apollooperating.com Website: www.apollooperating.com • 2 02%)Q mE�meu WS) 26E'.tNN LVISI IT�9 TtlYNNMJ m1N y1 p]' 5 SMOLLO'a1i00m'5 1M 6YY.1w1 4.M71g f 1„iBYmi ui s30inaas Ova NVId NOI1VONOOd h°"E""'"'"' n1e (() aw x«rno 3enVa irvoad I NOIIVOO71N3WNIVLNOO �Nroa3werva rvvwsrvaam . 8 YY Y / ;.1-1° ''.m'vi- r ' t I I I I 2s �Lou Lt i. 20 €2w E4 8Aar ar pPa $s S F I li.8 wm1' 'NI La ,`l o m - a • I tl m ;4 I ur! zv wiN 3 m m.r Q: �IIr i t ., r K i4 5]a L ° na 4• g 5•K a 1 oq: iii § ,s---a;- !IPA; Oil g t a e m-.r �a Q a4e d o A N.s�y 63 3 alx5 l8 a X up O �Elo« o 09W 9A3 r.ESEI�0 arrow WA of W2l7WJ'Nrv/gJ ovmzoa N9'sxsla =1 4 @ m (� I i 1S rM 190„OY,u,„,„ ,,, p py G �V LS0i9;J NMI 109 9.1/15 tlG CI 26E'4NY LY YYVl6 �f�u3ve OY� u3 we s+,al avoo„nY s3Dlna3s oV� Mild NO LVON()Od 7 a (� aw nn 3`JNNa LNOad ZNQLLV3O71N3WNIV1NOD `JNI 22NI'JN3 NVWSNa3M ,w x«raa • • $ 3 3 1 2 11 i3 ° a 1 N gc p 8e & . s. 939 . yt)e ? a � e g §i g A!xl 1 d Y 1 S ₹ t Mn h v3�t rl€�j 2$5¢4 K£RYgp yI"zy--"S 4 _g pt E 3` flE ! t2pi 2t '2112 k u ; gd At 11 it 3 61 41�A y`�ti t AFz 6°12 Gt my E 9' fl' uE !o iz', I: g t € w s1 9; .,a.. r" IS a^m z • 3 V pbpj a0� m, a Q d . n n a L// I' how "a 3 Q Z , Cl Q - 8m_ 1 .1-,W- _ — V g p C8 5 � �z • nmNm V ~ m§ 1 ,, J z o; 6 MAI 1 u 1961 -201 ' MEMORANDUM w EL c OUNTY TO: Weld County Commissioners u DATE: June 14, 2011 FROM: Chris Gathman (€44.4,, SUBJECT: Show Cause for AMUSR-1679 (JLW Investment, LLC) Timeline of events: March 31, 2010 AMUSR-1679 approved by the Board of County Commissioners February 11, 2011 Field Check of AMUSR-1679 site with Troy Swain — Environmental Health and Heidi Hansen — Public Works, Department of Planning Services February 17, 2011 Probable Cause Notification sent • March 2, 2011 Probable Cause Hearing — Show Cause Hearing scheduled for 6/15/2011 June 7, 2011 Site Visit (Troy Swain and Chris Gathman) June 14, 2011 Site Visit (Troy Swain and Chris Gathman) Background: Case # & USR Description: AMUSR-1679 (A Site Specific Development Plan and Amended Special Review Permit for an Oil and Gas Support Facility (install additional tanks and office trailer in an existing Class II Oilfield Waste Disposal Facility and a Solids Recovery System) in the A (Agricultural) Zone District. Location: North of and adjacent to State Highway 392 and approximately 1/4 mile East of County Road 61 Summary: This case was approved by the Board of County Commissioners on March 31, 2010. Condition of Approval #2 of the approved AMUSR-1679 Board of County Commissioners • resolution states the following: EXHIBIT 3) "Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat • shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within ninety (90) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee." At the March 2, 2011, probable cause hearing, the following conditions of approval were still outstanding: 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% greater than the volume of the largest tank inside this structure. A 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 Dept. of Public Health and Environment(WCDPHE) indicating that the structure has been constructed to meet this criterion." 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)." Representatives from the Departments of Public Works, Environmental Health and Planning Services met with the applicant(Jesse White)at the AMUSR-1679 site on Friday, February 11, 2011. At that time Mr. White indicated that not all the tanks had been placed into the concrete containment area due to delays in receiving tanks he had ordered 6 + months ago. Two tanks are remaining to be installed in the containment area. The office trailer and septic system had yet to be installed. Mr. White indicated he could not provide a guaranteed timeframe as to when these items would be completed (due to potential factors such as weather...). June 14th Update: Condition 1.J—All of the tanks previously outside of the containment area have been relocated inside of the containment area. Additionally, the size calculations for the containment areas have been submitted. Per Troy Swain — Environmental Health, this satisfies this condition. Condition 1.K— This condition has been satisfied. • Condition 1.L — The applicant has decided to construct a stick built office with • bathroom rather than install a mobile home. The septic system has been finaled and the building has been framed in and has received rough inspection approval by the Weld County Building Department. The applicant's contractor has indicated that the building finished and will be ready fora Certificate of Occupancy in approximately 10 days. Staff Recommendation: The applicant has satisfied Conditions of Approval 1.J and 1.K. Staff has observed substantial progress on condition 1.L. On June 7th, the contractor was ready to pour the foundation for the building. On June 14th, the building had been framed in and the septic had been connected. The only item remaining is to finish the building. Additionally, the USR plat has been reviewed, all changes have been made and it is ready for recording. Given the substantial progress that has been made on the building and the short time frame left to finish the building —staff is recommending dismissal of the show cause. • • • -i ya: \ 1 1 I r tA, -iiissili.ier-ircy' -YLIM t44n a I - 1 ir 1014 L. ,y. .-P ` � •i is r�_ , ' 4 - { J • 4- liti#I01111 lie is cad , . - . . _ t ja Sli .,. _ .. ..... _s T r •....e. -.. rar ; ,•• ol, ,„")°°1111. . . 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