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Home My WebLink About20090355.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RICHARD HEIN AND OLIVER OWEN 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, Richard Hein and Oliver Owen, ZCV #0800349, are 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 10th day of February, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Richard Hein, property owner, and Pat Jones, tenant, were present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until June 10, 2009, to allow adequate time for the tenant to remove the remaining tanks from the site, and/or for the property owner to submit a Use by Special Review application if they decide to do so, to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0800349 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Richard Hein and Oliver Owen to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until June 10, 2009, to allow adequate time for the tenant to remove the remaining storage tanks, and for the property owner to decide if a Use by Special Review application will be submitted, to bring the subject property into compliance. 2009-0355 PL0824 VIOLATIONS - ZCV #0800349 - RICHARD HEIN AND OLIVER OWEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELDfO�1�Y, COLORADO ATTEST: 4t4/1 Weld County Clerk to BY: Deputy Cle APPR• D AS ounty Attorney Date of signature. to the Board a William Garcia, Chair Douglas ademach r, Pro-Tem -� -_ _ Se P. Conway gAitcc / arb Kirkmeyer COL/ David E. Long 2009-0355 PL0824 Violation Summary Report BASIC INFORMATION HEIN RICHARD Tenant: OWEN L OLIVER 5290 E YALE CIR #103 DENVER, CO 80222-6927 7903 RALSTON RD ARVADA, CO 80002-2435 Compliance Officer: Bethany Salzman Violation Number: Situs Address: Legal: ZCV08-00349 0 WELD LMLC3 L6 LUPTON MEADOWS LAND CO DIV 3 VAC & REP L1 THRU 8 PT 19-2-66 (.45R) SITUS: WELD 0 Location: Parcel Number: 130919303006-R7463098 Acreage: 30.46 Certified Mail Date: 12/29/2008 Currently the property is in violation of: 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.G JUNKYARDS or salvage YARDS. 23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. REMEDY As I indicated in my previous letters, at a minimum the storage/presence of oil & gas tanks and miscellaneous debris requires a Use by Special Review (USR) permit, if even eligible. Since this property is situated within the boundaries of a subdivision, Lupton Meadows, additional information is necessary to determine if this property is even eligible for a USR for your proposed use. The first step in this process is a Pre -Application Request meeting (I previously sent this application). However, it is my understanding that his use will be removed from the property and you do not wish to attempt to apply for any permits to see if you are eligibe to keep this use on the property. If this has been completed prior to February 6th, the above referenced Violation Hearing will be cancelled. If not, you or a representative will want to attend the hearing to request any additional time needed. RECOMMENDATION LETTER HISTORY 11/13/2008 Complaint Validated 11/13/2008 LTTR: 5 Day Letter 11/26/2008 LTTR: Violation Notice 12/29/2008 LTTR: Hearing Notification OTHER CASE HISTORY 11/05/2008 Property Inspected 11/17/2008 Phone Call Michelle Martin conducted a site inspection. She noted several oil and gas tanks. She was provided information from individuals who have seen High Country Sales & Trading, Inc bringing the tanks and dropping them off of this site. See pictures dated 11/05/08. Marvin Hein (303-758-9191) called. He stated that his brother told his friend (Pat Jones w/ Smoky Hill Trucking) that it was okay to temporarily store those tanks on the 2009-0355 Violation Summary Report property. I told him I would try to get in touch with Pat Jones as well. He said the last address they could find for him was the PO Box 897, Fort Lupton, Co 80621. We also briefly discussed High Country Sales and Trading. I explained that people had physically seen them bring some of the tanks out to the property and drop them off. He said they were not aware of who that even was. I told him to give me until Friday to see if I could get in touch with Pat Jones and we would go from there. He said okay. 11/20/2008 Phone Call I called Pat Jones (303-748-1673) and advised him that the tanks were a violation. I advised him that I initiated a violation last week against the property owner. He asked for 30 days to start removing them. He thought he could possibly finish within 30 days. I told him that if he had made substantial progress, I would probably be amenable to granting another extension after this initial 30 days. 11/21/2008 Phone Call I called Marvin Hein (303-758-9191) and left him a message advising him of my conversation with Pat Jones and that I would be sending a 30 day letter on Monday. 12/16/2008 Phone Call Pat Jones (303-748-1673) called. He said he has taken about 12 loads (large tanks) out of the property. He said his truck broke down and he has been trying to get it fixed. I asked how many loads he thought were left on -site to be removed. He stated that there were about 140 80 barrel tanks (which he can remove 4-5 at a time) @ 4 per trip = 45 loads. He said there was also junked equipment from High Country (such as truck bodies, old treaters, etc). He said all in all maybe 50+ loads. He said he probably needed like 3 (three) months to remove everything. I explained that I could not grant that much time. I told him that my January docket was full, so the earliest I could squeeze in would be the February Violation Hearings. He said he would see what he could get done by that time. I told him to have Mr. Hein call me back. I explained that he left me a voice mail asking for an office appointment, but he didn't leave me a phone number to call him back at. Pat said he would pass along the message. 01/05/2009 Certified Mail Receipt Certified Receipt received - signed WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us December 29, 2008 HEIN RICHARD 5290 E YALE CIR #103 DENVER, CO 80222-6927 JONES PAT PO BOX 897 FORT LUPTON, CO 80621 HIGH COUNTRY SALES & TRADING, INC C/O OLIVER OWEN L. 7903 RALSTON RD ARVADA, CO 80002-2435 Case: ZCV08-00349 Legal Description: LMLC3 L6 LUPTON MEADOWS LAND CO DIV 3 VAC & REP L1 THRU 8 PT 19-2-66 (.45R) SITUS: WELD 0 Dear HEIN RICHARD, JONES PAT and OLIVER OWEN: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: O2/10/2009 10:00 AM 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 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.G JUNKYARDS or salvage YARDS. 23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. To bring your property into compliance with the Weld County Code: As I indicated in my previous letters, at a minimum the storage/presence of oil & gas tanks and miscellaneous debris requires a Use by Special Review (USR) permit, if WFYYC nivo COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us even eligible. Since this property is situated within the boundaries of a subdivision, Lupton Meadows, additional information is necessary to determine if this property is even eligible for a USR for your proposed use. The first step in this process is a Pre -Application Request meeting (I previously sent this application). However, it is my understanding that his use will be removed from the property and you do not wish to attempt to apply for any permits to see if you are eligibe to keep this use on the property. If this has been completed prior to February 6th, the above referenced Violation Hearing will be cancelled. If not, you or a representative will want to attend the hearing to request any additional time needed. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th 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 action to remedy the violation. Our records indicate that you 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, Bethany Salzman , Zoning Compliance Officer II pc: ZCV08-00349 0901 L4539 3465 0 rR rR ul O 0 N U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To 1.I. Street, Apt. No., n ,^ a or PO Box No. 5a.9Q_" "•"NL "� b' too C)ry, State. ZIPS Postmark Here m E E co o�E cD oo co u"m$ Tm N t C " a N N A t E V U ≥ a t 2 a m N N« m o 0 a c w N _n7 C m a r o m m h 5 m t w E "� E m C o o CO m cc m N 53Lm ay.> fl a m L« O Et. E- 8 g o=m¢o • C m a a C N U m ¢ E d c¢ 0 U ❑❑ f to g F N d d 2 U ¢ 8000 rn m ri 0 O O O .n rR HR LX) O 0 r 102595-02-M-1540 Domestic Return Receipt PS Form 3811, February 2004 fstAym NOG November 26, 2008 HEIN RICHARD 5290 E YALE CIR #103 DENVER, CO 80222-6927 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mailtsalzman@co.weld.co.us Case: ZCV08-00349 Legal Description: LMLC3 L6 LUPTON MEADOWS LAND CO DIV 3 VAC & REP L1 THRU 8 PT 19-2-66 (.45R) SITUS: WELD 0 Dear: HEIN RICHARD : 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.G JUNKYARDS or salvage YARDS. 23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter, at a minimum the storage/presence of oil & gas tanks requires a Use by Special Review (USR) permit, if even eligible. Since this property is situated within the boundaries of a subdivision, Lupton Meadows, additional information is necessary to determine if this property is even eligible for a USR for your proposed use. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. I previously sent this application with my initial letter or you can see the following web address: http://www.co.weld. co. us/departments/planning/Planning/Procedural_Guides6-15-08/PreAp p1 ication %20 Req uest%20(2). pdf This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). It is my understanding that his use will be removed from the property and you do not wish to attempt to apply for any permits to see if you are eligibe to keep this use on the property. Page 1 of 2 "DC COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone. 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us 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 12/29/2008, 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 to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00349 Page 2 of 2 WUDc COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us November 13, 2008 HEIN RICHARD 5290 E YALE CIR #103 DENVER, CO 80222-6927 HIGH COUNTRY SALES & TRADING, INC C/O OWEN L. OLIVER 7903 RALSTON RD ARVADA, CO 80002-2435 Case: ZCV08-00349 Legal Description: LMLC3 L6 LUPTON MEADOWS LAND CO DIV 3 VAC & REP L1 THRU 8 PT 19-2-66 (.45R) SITUS: WELD 0 Dear HEIN RICHARD and OLIVER OWEN: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: At a minimum the storage/presence of oil & gas tanks requires a Use by Special Review (USR) permit, if eligible. Since this property is situated within the boundaries of a subdivision, Lupton Meadows, additional information is necessary to determine if this property is even eligible for a USR for your proposed use. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. Please see the enclosed application or see the following web address: http://www.co.weld. co.0 s/departments/planning/Plan n ing/Procedu ral_Gu ides6-15-08/PreAp pl ication°/020Req uest%20(2). pdf This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). 4,71ett.\\ W1�9c COI OAAW WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Please contact me within five working days of the date of this letter to review these concerns with me. 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, Beth any y Salzm Zoning Compliance Officer II pc: ZCV08-00349 'Tint Form Submit by Email WELD COUNTY PRE -APPLICATION REVIEW REQUEST • The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the application process; however, this review is not an application. • Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. The second and fourth Friday of any given month pre -applicant reviews are held in the Southwest Service Center office at 10:30 a.m., 11:30 a.m., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre -Application reviews are held Thursday of any given week in the Greeley office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at wvvw.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. C P Name: Phone: Fax: Email: Address: Project Description: Section -Township - Range Zoning Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name Is this property currently in violation? ices j- No Office Use Only Project Title: Description: Review Date: Case Number Gl ,11 l t �- t -)l )- }-1-` Weld County Department of Planning Services Meeting Date/Time: Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, I FOR (SPR) SITE PLAN REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage D Conceptual building elevations ❑ Conceptual landscape plan I FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades D Conceptual drainage ❑ Conceptual landscape plan D FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): Brief project narrative explaining request Exhibit showing desired changes to be made Location map showing property, surrounding area and adjacent uses Conceptual zoning map showing current and proposed zoning Conceptual site plan showing all structures, parking, nearby roads, and driveway access Existing contours and proposed grades Conceptual drainage Conceptual landscape plan Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7463098 ry.wvr ,...-.k..v.3... rlP ra: R ,., S.-.,.. �.. MaIUMW.. .w.4:ffi.. ,Ya-rd Tax Area: 2228 Bordering County: Acres: 29.87 Parcel#: 130919303006 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 66 - 19 - 3 LUPTON MEADOWS DIVISION #3 RPLT LOTS 8-1 - - 6 a.9:means., are m,.. sra�+r..w x eev—rt�ar.�a.� ..,an raiSM Owners Name & Address: HEIN RICHARD 5290 E YALE CIR #103 DENVER, CO 80222-6927 Business/Complex: Sale Date Sale Price $0 Property Address: Street: WELD City: WELD Sales Summary Deed Type Legal Description Reception # LMLC3 L6 LUPTON MEADOWS LAND CO DIV 3 VAC & REP Ll THRU 8 PT 19-2-66 (.45R) SITUS: WELD 0 Land Type Agricultural Agricultural Land Subtotal: Abst Code 4117 4167 Land Valuation Summary Unit of Number of Measure Units Acres 14.37 Acres 15.5 Actual Value Assessed Value 29.87 $5,364 $1,560 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 11/13/2008 IIIEDe COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT E Staff/Name: PA ❑ HEALTH DEPARTMENT Citizen's Name (If known): E WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): E BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Citizen Other. Date Complaint was received: q) jsI�oo Pending Case # (i.e. USR, RE, SE, ect...): (117 ,3Lj i to f: Legal Description: LOT 5— Lo .J 14c4cc'tx. iS c� "�"1'`'` i j Parcel M: 13 b`i 1'130300(o cs'R r 5w4 15 — 2.- (do t 3o9 19 363 00 S Violation Address: 'SIO 3;S C Rkimi ek Property Owners Name: Property Owners Address: Tenant's Name: Phone: Tenant's Address: lone11111MII : WtAtt,tiaG C- 7i0 E, ta\LC. A-0oZES5(") Dc -c- cs CO. al- (6 NATURE OF COMPLAINT: u5R 52(4, 3kOvt\ rc1c g ,c‘ .pcure.ls 'IrjS o a (� a CS s vi-t��$ c 30 bcrreib s +-I�s r,•,� S 1 our Gr p . A� `t x� V._,c Wecl Li S Additional Notes: ookz:icCkL Rot._ -0-1Q wIDc. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO.80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated b ;.‹ZONING CODE COMPLAINT n Staff/Name $ Cttnt ❑ Other n HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL • BUILDING CODE COMPLAINT • PUBLIC WORKS / PEST & WEEDS Pending Case # (i.e. USR, RE, SE, ect...): Date Complaint was received: k - 3 O? Legal Description: ) I Parcel #: 13x71 / SC) 3u) b Violation Address: ly-Z-Cm Property Owners Name: P.) i ch 1C ci '/1C. l Phone: ( '7 -�, j Property Owners Address: i L c , z:::: ycje_ C t LC' lc dt / o S TV-idi,c,, (a, /2-. an_ Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: C/vf-olo ,C S n y_. C.7: S chi C. / t'o'-P;✓C Zoning Complaint Referred ToPDL : -C--C1 Date: //i Building Cede Complaint RPFPTed Te: Date: Additional Notes: /cif ink; t Ilc/l Ccld % C ll is I" 711 34)3 [l4— /7/O 001 El L FEE $50.00 SUBMITORIGINAL AND ONE COPY PROFIT CORPORATION NAME AND PRINC1PAL ADDRESS NAME ARTICLES OF INCORPORATION HIGH COUNTRY SALES & TRADING, INCORPORATED STREET - 7235 W. 70th Avenue THIS DOCUMENT MUST BE TYPED IN BLACK CITY Arvada STATE ZIP ..80003 _. SECRETARY OF STATE • 1500 BROADWAY 0200. DENVER CO 00202 (303)11,90-2251 931085951 450.00 SOS 08-19-93 15:39 CUMULATIVE VOTING SHARES OF STOCK IS AUTHORIZED. YES NOD IF DURATION IS LESS THAN PERPETUAL ENTER NUMBER OF YEARS IF YES! 11 provisions on a separate THERE ARE PROVISIONS LIMITING OR DENYING TO SHAREHOLDERS THE PREEMPTIVE IF E1! eaetofpaper. RIGHT TO ACQUIRE ADDITIONAL OR TREASURY SHARES OF THE CORPORATION, YES STOCK INFORMATION: lit additional space is needed. continue and separate B'/ , 11 sheet of paper). STOCK CLASS C mI,OII _....... . AUTHORIZED SHARES _I.000, QQQ_PAR VALUE SI.0Q._. --- STOCK CLASS AUTHORIZED SHARES_ -- PAR VALUE a THE NAME OF THE INITIAL REGISTERED AGENT AND THE ADDRESS OF THE REGISTERED OFFICE IS. (corporations use LAST NAME space) LAST NAME Thompso.n--.__.._... --- .-•--._..._.�_.. FIRSTSMIDDLENAME *Chester George STATE CO ZIP:; 80.003 _. STREET . 7235- W. 70th Avenue _ CITY k Arvada DIRECTORS: HOW MANY DIRECTORS CONSTITUTE THE INITIAL BOARD OF DIRECTORS OF THE CORPORATION' . 1 TSUCCESSORS HENAMES AND ARE ELECTED AND RESSES OF THE PERSONS WHO HI ARE tTO SERVE continue IRECTORS UNTIL 1of STANNUALMEETING OF SHAREHOLDERS OR UNTIL THEIR QUore han hree.LAST NAME Th UmP5On___ �-�..._ _..._--..-- ___ : FIRST d MIDDLE NAME 4 Chester George Arvada _.. _. STATE CO ,. Zip `,80003 STREET ..7235 W. 70th Avenue .._ CITY :_..� __. LAST NAME _ ... ... _...__....__.... FIRST 0 MIDDLE NAME -""-- STREET.............._...._._... ....--.-._--__.--—_ CITY .. STATE a ZIP �_.._,.�,..,� FIRST & MIDDLE NAME -- ---- LASTNAME �........ -._... _....... - --__....�- STREET -__...... .__....— - -• CITY STATE C ZIP :_...•.---.••-- INCORPORATORS: NAMES AND ADDRESSES: (i1 more than two, continue on a separate B10 11 sheet of paper) NAME ADDRESS x Chester George Thompson 7235 W. 70th Ave., Arvada, CO 80003 x HAVE THE UNDERSIGNED PERSON(S) OF PORATION COO'. DOPTTH- y POSE MAYBE . Tj. ON"y`i SIGN AGE OF le YEARS OR MORE, ACTING AS INCORPORATORS) OF A CORPORATION UNDER THE COLORADO COP- IES OF INCORPORATION. THE CORPORATION IS ORGANIZED FOR ANY LAWFUL PURPOSE. A MORE SPECIFIC FUR - Wan SHEET OF PAPER. !/ M r SIGNATURE USE •••• PLEASE READ REVERSE SIDE BEFORE COMPLETING 0 Document processing fee If document is filed on paper If document is filed electronically Late fee if entity is in noncompliant status If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed -F€led $100.00 $ 10.00 $ 50.00 $ 40.00 Colorado Secretary of State Date and Time: 08/21/2008 10:02 AM ID Number: 19931085951 Document number: 20081445728 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to $7-90-30 I, et seq. and $7-90-501 of the Colorado Revised Statutes (C.R.S) 19931085951 ID number: Entity name: Jurisdiction under the law of which the HIGH COUNTRY SALES & TRADING, INCORPORATED entity was formed or registered: Colorado 1. Principal office street address: 4950 SO: YOSEMITE ST F2 #305 (Street name and number) GREENWOOD VILLAGE CO 80111 (Cia) (Province— if applicable) &tate) (Postal/Zip Code) United States (Country— if not US) 2. Principal office mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province— if applicable) (Country— if not US) OLIVER OWEN 3. Registered agent name: (if an individual) L OR (if a business organization) (Last) (First) (Middle) (Suffix) 4. The person identified above as registered agent has consented to being so appointed. REPORT Page 1 oft Rev. 07/I 7/08 5. Registered agent street address: 7903 RALSTON RD (Street name and number) ARVADA CO 80002 (City) (State) (Postal/Zip Code) 6. Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) • Notice: (City) (State) (Postal/Zip Code) (Province —if applicable) (Country —if not US) 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: OLIVER OWEN L (Last) 7903 RALSTON RD (First) (Middle) (Suffix) (Street name and number or Post Office Box information) ARVADA CO 80002-2435 (City) (Stale) (Postal/Zip Code) United States (Province— if applicable) (Countr°,-. if not US) (The document need not state the true name and address of more than one individual. However. ifvou wish to state the name and address of any additional individuals causing the document to be delivered forftling. mark this box ❑ and include an attachment stating 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. 07/17/08 Bethany Salzman From: Sent: To: Cc: Subject: Bethany: Troy Swain Thursday, February 05, 2009 10:17 AM Bethany Salzman Trevor Jiricek Complaint forwarded by you regarding used oilfield tank storage site at WCR 15 & 18... The Department investigated the complaint you filed (CO0800493). On Wednesday, February 4, 2009, I made an unannounced inspection of the site. Mr. Pat Jones was removing tanks from the property. The tanks were being transported for use as scrap steel. He agreed to show me around the tank storage areas and we discussed the origin of the tanks. The site was covered with old produced water storage tanks from oil and gas exploration and production (E&P) activities. Prior to storage on the property, the tanks were used at well sites. The tanks would have arrived at the site largely empty because the condensate is regularly removed at the well sites and you don't transport tanks full of condensate due to the weight and stability issues. Due to the nature of the operation and on -site observations the Department has no reason to believe these tanks were used for storage of anything other than E & P waste (produced water). There were weeds throughout the storage area and no obvious evidence of stressed vegetation or spills. All of the tanks were empty except one, which contained about 2 feet of solids. Mr. Jones said he may be able to get an operator to take this tank at a centralized E & P Waste landfarm (ok if it's from the operators well). The solids are likely settled out crude and solids, which can also go to the landfill. The landfill may have internal process for screening the waste (sample requirements) but can take solid E & P Wastes. This complaint and a copy of the information in your violation file should be consolidated into an Incident File attached to the property. Please send me a copy of this information after the violation is closed. This file will remain at the Weld County Department of Public Health & Environment. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6411 (fax) (970) 304-6415, ext. 2219 1 EXHIBIT/ te-tfrOg it`f / Hello