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Home My WebLink About840673.tiff ORIGINAL FILE AT MISSILE SITE . ARCHIVE BOX MISSING AS OF 12/ 19/2017 RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING CONCERNING WELD COUNTY DISPOSAL, INC. TO SEPTEMBER 26 , 1984 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 , a Show Cause Hearing concerning Weld County Dis- posal, Inc. was scheduled for July 25 , 1984 , at 2 : 00 p.m. as stated in the Notice dated June 25 , 1984 , and published in the La Salle Leader on June 28 , 1984 , and WHEREAS , at the hearing of July 25, 1984 , the Weld County Health Department recommended that said hearing be continued to September 26 , 1984 , at 2: 00 p.m. to allow the owner of Weld County Disposal , Inc. additional time to come into compliance, and WHEREAS , the Board, after consideration, deems it advisable to continue the hearing to September 26 , 1984 , at 2 : 00 p.m. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Show Cause Hearing concerning Weld County Disposal , Inc . be, and hereby is , continued to September 26 , 1984 , at 2: 00 p.m. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 25th day of July, A.D. , 1984 . TY ATTEST:Dt tuinAtiz.ni BOARWELDD OF COUNTY,rNCOOLORAADOSSIONERS Weld County Clerk and Recorder .,,- gr.-ail-- and Clerk to the Bo d Norman Carlson, Chairman B om--- ke_' I-CfC-�Z/�I . JJVrti� GIwA Delluty County C erk Ja que ! ne J��h son, Pro-Tem APPRO D AS TO FORM: EXCUSED DATE OF SIGNING - AYE Gene R. an r County Attorney Ch ck�Carlson tr-J T. Marti n LHR 1010 840673 pLoLy7 HEARING CERTIFICATION DOCKET NO. 84-41 RE: SHOW CAUSE HEARING, WELD COUNTY DISPOSAL, INC. , FOR REVOCATION OF SPECIAL USE PERMIT #454 - OIL FIELD FLUIDS RECYCLING AND DISPOSAL SITE A public hearing was conducted on July 25 _ , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson Commissioner John Martin Also present: Acting Clerk to the Rn rd, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated June 25, 1984, and duly pub- lished in the La Salle Leader on June 28, 1984, a Show Cause Hearing was held to consider the revocation of Special Use Permit #454 for oil field fluids recycling and disposal site held by Weld County Disposal, Inc. Lee Morrison, Assistant Weld County Attorney, read this matter into the record. Wes Potter, representing the Health Department, came forward and told the Board that a letter from Weld County Disposal, Inc. had been received recuesting that this matter he vacated. Mr. Potter said that the Health Department's recommendation is not to vacate the matter at this time, but to continue it for a period of sixty days in order to allow the owner the time to complete the projects which have been initiated to upgrade the operation of the facility. In response to questions of the Board, Mr. Potter said he feels that all of the concerns have been addressed by the management of the facility. Mr. Morrison explained that Mr. Muller, Attorney for Weld County Disposal, Inc. , had indicated that the facility would not have a representative at this hearing because at this time they are directing their efforts to working on the site. Commissioner Martin, following discussion, moved to continue this matter to September 26, 1984, at 2:00 P.M. Commissioner Johnson seconded the motion and it carried unanimously. APPROVED: l v� FIaiwite/� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder 71:- ,, J_- ,...k_ <16e ; , and Clerk to the Board Norman Carlson, Chairman i By i J cr7 ( t'czJ Oselh -• O`1�, Deputy County Clerk Jo • el Johns'• Pro-Tem / EXCUSED DATE OF STONING Gene Brantner---7 C ck Carlson iki T. Martin TAPE #84-65 DOCKET #84-41 LHR #1010 • ATTENDANCE RECORD DATE: July 25 , 1984 TODAY ' S HEARINGS ARE AS FOLLOWS: Show Cause Hearing, Weld County Disposal, Inc. - Docket #84-41 IJSR, open-cut dry gravel pit, Circle M Partnership - Docket #84-46 USR, open-cut wet gravel pit with ancillary uses , J-Bar-B, Inc. - Docket #84-47 PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant' s name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING -AL (tat sera GUI e (phi hoitrinit - -- cos-61 J ROA-13 a3og- c9'f eel, viceL. 3 J +� 1.44,4? ! T//97�'C,C-/,/i � �� ,t , 6 ccig7 / 3 a I )6 , , -k-�'_„, ' ' 'T114-e feee VO /r- L/Dv? //CI CI E--20 Ake 4ied'4/ /.511 d. r`i 4/6 Wes fQTter W.I 1194,44 S4'st4 Cam, f NOTICE Pursuant to the Zoning laws of the State of Colorado and the Weld County Zoning Ordinance, 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, at the time specified. All persons in any manner interested in the hearing to show cause are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center , 915 10th Street, Third Floor, Greeley, Colorado . DOCKET #84-41 Weld County Disposal , Inc. Gary Kennedy 5019 Weld County Road 35 Fort Lupton, Colorado 80621 DATE: July 25 , 1984 TIME: 2 : 00 P.M. SUBJECT: Hearing to SHOW CAUSE for revocation of Special Use Permit #454 - Oil Field Fluids Recycling and Disposal Site LEGAL DESCRIPTION: Part of the NWa NWa of Section 12 , Township 1 North, Range 66 West of the 6th P .M. , Weld County, Colorado ISSUES: 1 . Whether or not there has been extensive surface spillage of brine water and oil around the receiving pit and oil around the ponds in violation of Develop- ment Standard Number 4 as well as in violation of the Solid Taste Act, 30-20-113 and the Water Quality Control Act, 25-8-501 . 2 . Whether or not there are only five operational monitor wells at the site, which could be a -violation of Development Standard Number 10 . 3 . Whether or not the monitoring devices for pond water level are easily accessible and easily visible, as addressed in Development Standard Number 11 . 4 . Whether or not the following violations , as alleged by staff , are occurring with reference to the letter dated July 23 , 1983 , which was an agreement of conditions and standards for operation signed by Mr. Guy Harvey, Owner and President of Weld County Dis- posal , Inc. , and accepted by Dr. Ralph Wooley, M.D . , Director, Weld County Health Department. a. Improper pond level monitoring devices so that the level of the ponds cannot be accurately ascertained by the existing devices . b. The facility not having six operable monitor wells. c . The water levels in pond C and D not being properly monitored. d. The oil and water were to have been removed and completely cleaned up by November 15 , 1983 . The level of the sludge has been lowered and some work has been accomplished; however, the _removal and cleanup are far from complete . Page 1 of 2 pages e. Whether or not the skimming facility has been completely bypassed and not _used. Water and oil have been pumped from the receiving pit straight to the evaporation ponds without any proper skimming being accomplished. This could be the cause of excessive oil accumulation on the evaporation ponds. f. Failure to properly skim oil from the sur- face of the evaporation ponds . A containment boom is not properly used and oil has been allowed to accumulate along the banks of the ponds with- out being removed as frequently as is necessary. g. The spillway for pond D was not properly constructed and used. The pond has been filled through use of the aver-flow pipe from pond C instead of being properly filled across the rip- rap spillway that was previously constructed to protect the pond liner as agreed upon in the letter of reference. -5. Whether or not the facility is in compliance with the additional conditions of operation in the letter. a. The manager of the facility is required to maintain accurate records including all liquids disposed of at the site, source information and pond level information for water balance in all ponds. These records are either not being kept or -are in such disarray that water balance can- not -be evaluated. b. The local management figure has not been properly operating and maintaining the facility to properly remove as much oil as possible from the incoming water. The local manager, Mr. Gary Kennedy, has been in₹armed on numerous occasions as to the problems with the improper operation of the facility and has not responded. BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO BY: MARY ANN EEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, deputy DATED: June 25 , 13384 PUBLISHED: June 2B , 1-984 Page 2 of. 2 pages LEGAL NOTICE ing pit straight to the evaporation 1,•;" ponds without any proper skim. .) ming being accomplished. This NOTICE could be the cause of excessive oil Pursuant to the Zoning laws-of the accumulation on the evaporation ponds. State of Colorado and the Weld I.Failure to properly skim oil from County Zoning Ordinance,a public • hearing will be held in the Chem- the surface of the evaporation f ponds. A containment boom is not -a bers ofis the of Weld County properly used and oil has been Af` QQV12 0 Publication Commissioners Weltl County, allowed to accumulate along the Colorado, Weld County Centennial banks of the ponds'without being . Center,915 10th Street,First Floor, removed as frequently as is neces- Greeley, -Colorado, at the time sari,. S:A= OF CI:LDAAD9, 1 as. specified. All persons in any-man- g.The spillway for pond D was not nor interested in the hearing to ly constructs and used.The Camay d Weld show cause are requested to attend pond has been filled through use of and may be heard. the over-flow pipe from pond X i),,/ 4 a BE IT ALSO KNOWN that the text instead of being property filled ' IJJ' Titiedi4/ across the rip-rap spillway that was f. 7/ of -and T ALSO milktea i as County -previously constNCted t0 protKl Pla ping Cho Office o 2 e le ex- the pond liner as agreed upon in the said county er Weg -alit sworn, soy that - amined in the Office of the Clerk to letter-of reference. al the Board of County Commission- ers, located in the Weld Countyi 7 7 Centennial_Center 913 10th Street, 5.Whether or not the facility is in i compliance with the additional G Third door,T.reeley, Colorado. Lha the same ss-t-rlei -newspaper of general conditions of operation in the letter. DOCKET NOAH-It WELD ELD COUNTY draiianan printed -published in the DISPOSAL,INC. a. The-manager of the facility is .7 j 9 %Gary Kennedy required maintain accurate re- town d 1a[ 5019 Weld County Road 35 cords-including all liguidsrisposed of at the site, source information in said Olin stet that the nabs or mist. Fortlupton,Colorado 00621 and pond level information for nsement. el which the annexed is a true=Pl.. DATE: July 25, 1984 water balance in all ponds. These has been m'bbah1ed in said weekly newspaper records are either not being kept or TIME: 2:00 P.M. are in such disarray that water balance-cannot be evaluated. for consecutive SUBJECT:. Hearing to SHOW b. The local management figure weeeat that the tenet was published in the CAUSE for revocation of Special has not seen properly-operating • regular and-andre mw of every numbetal said _Use Permit No. 084 - Oil Field and maintaining the facility to ' newspaper during the-ppaned and time e1 publi- Fluids Recycling and Disposal Site. properly remove as much oil as po possible from the incoming water. Cation of said ratite and in the =newspaper LEGAL DESCRIPTION: The local manager, Mr. Gary proper and not in-oSupplement thereof: that the Part of the NWI/e NWt/of Section Kennedy, has been informed on 12, Township I North, Range 66 numerous occasions -as to the lint militiaman al acid notice was eoniamed in -West of the 6th P.M.,Weldtounty, problems with the improper opera- . the issue of said. *wagoner#earths stolen_jibs -Colorado. lien of the facility end has not �f I, 9responded. .�L day of `/ N�� .. I 9 r� f ISSUES: BOARD OF COUNTY -and the lost pct °'Duos thereat. in its,issue of t. Whether or not there has been COMMISSIONERS �j, extensive surface spillage of brine WELD COUNTY,COLORADO sod�e5+aPaper hewing dater..„...,./the coy id water and oil around the the-receiving ✓7�L/ 19 Ghat the said -pit and oil Development ponds in /swam amBY:MARY ANN F�UER STEIN violation of St COUNTY CLERK AND •S NumnerJ as ste1Actl as in 30,20-violat11on 3 and RECORDER AND CLERK TO ��/ ti �G1 4 the Solid wt Waste Act,-control act, THE BOARD the Water Quality -Central Act, has been_publishedmirth uously and =interrupt. 35b-501. BY:Mary Reiff,Deputy wily_luring the period al-at least fifty-two Cal- 2.Whether or not there are only five operational monitor wells at the • DATED: June 35, 1984 aeconve-watts-nest prior to the first issue iherea( site,which could be a violation of Published in the La Salle Leader contacting said -nears or advettsement -above Development Standard Number 10. on Thursday-June 38, 1980. relaarsd tar and that said-newspaper was As the 3. Whether-or not the monitoring time e1 each of the pubheanaes Wend steisce devices for pond water level-are -duly qualified for that purpose within the-mean. easily accessible and easily visible, as addressed in Development Stan- ing-of an entitled.-An A Cam-amino (anal-a1 dard Number 11. Notice.. Advertisements and Publications. and 4.-Whether or not the following the Tees at Printers and?admire thence. and violations,as alleged by staff, are to Repeal all Aces and Parts zl -Acts is Conflict occurring with reference to the- with the Pioeifieas alibis Act approved April 7. letter-0ated July 23,1913,which was an agreement of conditions and 1921.and all amendments thereof. _and paeai• standrads for operation signed by May=aneSed by an-act approved 30. Mr.Guy Harvey,Owner and Presi- dent of Weld County Disposal,Inc., May and accepted by Dr.Ralph Seeley, M.D.,Director, Weld County Hea- lth Department. reah.APath. a. improper pond level monitoring devices so that the level of the aster- -Subscribed cad sworn to before me ill' tamed ponds-cannot be accurately ascer- /�� Fyn tained by the existing devices. cry of J '`z"` A.D. IS b. The facility not Slaving six operable monitor wells. )) c.The water levels in pond C and D not being and were ed. 4, ✓ /� d.The oil and water were to have _/J been removed and completely /j _1 J, cleaned up-by November 15, 1983. My cea^aston ecpaes •1 The level of the sludge has been -- Notary public lowered and some work has seen accomplished; however, the re- moval and cl -are far from ELIZABETH MASSE] complete. 2201-9 W.C.RD. 54 lac cane has_berm or coin�4rins GREELEY, CO 80631 -sad and not used. Water and ell have been pumped from the recite- . 1 l r Jr I /Th. _-I I luEmoRAnDul . I IIID C To Rod Allison, Planning Date 7-70-R4 COLORADO From Wes Potter, J)irector, Health Protection Services le Weld Disposal Inc. Segal Action Subject: I am requesting that the action against Weld Disposal Inc. be postponed for 60 days to allow the facility _owner to complete the actions that they have in progress. The owner is in She process of evaluating, improving, and updating the management and _equipment at the site. Due So the past history of poor management, I would like to have 50 days for the project So be completed and for the new management practices to be demonstrated. Members of my staff will monitor the site during this time to -evaluate the progress. cc: Dr. -Wolley M.D. ,Director, Weld County Health-Department. Lee Morrison, Assistant County Attorny r TTHEWS & BRANSCOMB ATTORNEYS AT LAW GRADY BARRETT WLLIdR L 4N COMS, A CHRIS MCDO HS NIP MC RINNEY ESPY ABEL BR FU JR. JAMTSN E ALDONALO ONE ALAMO CENTER GARY NNEH ELL I H SIE FULLER CRAIG L WALKER . H. ST TARVGEN, JR. CRAIG L WILLIAMS 106 S. ST, MARY'S STREET OF COUNSEL EWIS T TARVER,JR, GILBERT F VAZQUEZ W BAKER CHARLES O. HOULIHAN, JR. SAN ANTONIO, TEXAS 18205-3692 ICRARO E. GOLDSMITH MARK S. HELMME . RAY MILLER, JR. MARY-ELLA MCBREARTv TELEPHONE 512-226-4211 CORPUS CHRISTI OFFICE W H. NOWLIN HALL BARTON CLARK, JR. FERO.T. MEYER. JR. CYNTHIA N. MILNE TELECOPI ER 512-226-0521 IBOO FIRST CITY BANK TOWER JOHN D. FISCH ROBERT O. ROONEY TEXAS JON L. WOOD RAUL M. . OERON CORPUS CHRISTI, B TOWER 8477-0129 GEORGE R PARKER, JR. DOUGLAS L. GISLEN 512-BBB-9261 JAMES M. DOYLE, JR. RUBEN PEREZ' C. M, MONTGOMERY JAMIE M. WILSON W ROGER WILSON THOMAS A. MORRIS HOWARD P. NEWTON RICHARD M. GREEN CHARLES J. MULLER III PATRICK H. AUTRY ICH M. C.NNEY III O. FIGUEROA RICHARD J. DANYSH T JOHN Y. HOWELL CHARLES J. FITZPATRICK CHERRY O. WILLIAMS • /I MARY ALELLA KELLY ALLAN F SMITH /vi { MARSHALL T STUKENBERG JR, J A, CARSON MICHAEL EW 5T LAKEW FRANK Z. RUTfEN9ERGJUDITH ''' ''.c.fir .kowirco oNLYED BLAKE WAY THAN TEXAS July 18, 1984 j �.. -)r.jilt a � -JJ c Mr. Lee D. Morrison Re` •, ` 7 , Assistant County Attorney `�u. P. O. Box 1948 Greeley, Colorado 80632 RE: Weld County Disposal, Inc. Dear Mr. Morrison: This will acknowledge receipt of your letter of July 17 , 1984 wherein you advised that the Health and _Planning Staff will recommend a 6D day continuance of the show cause hearing. I have discussed the continuance with Dr. Wooley and with Mr. Potter and have basically indicated that we believe that the Order should be vacated, but we do not oppose the continuance if the Health Department believes it is necessary. Our argument for vacating the Order is basically this: We have demonstrated through what we believe to be extraordinary effort, that new management will honor its commitments to Weld _County. When Dr. Hawley and I appeared before the Commissioners on the 18th day of $une, 1984 , it was noted that the Commissioners Court has been frustrated with past operations of this facility. Dr. Wooley and Mr. Potter have indicated to me that _commitments made in the past by prior -management were not honored in full. We argue, however, that this is the first time that new management has had an opportunity to make commitments and then deliver as promised. New management has made extraordinary improvements at the facility in the last two months at substantial cost. We recognize that we have further obligations -which include the obligation to operate `( ; /' ," M. THEWS & BRANSCOM ATTORNEYS AT LAW Page 2 Mr. Lee Morrison July 18 , 1984 the facility at all times within the standards and conditions contained in the special use permit. We believe that the actions of new management have demonstrated that we will honor our commitments; and we respectfully submit, therefore, that a pending show cause hearing is not necessary to obtain the compliance and operations which we know the Health Department expects. Thus, while we do not object to the continuance, we respectfully submit that the Show Cause Order is not necessary and should be vacated. Sincerely yours, Charles J. Muller, III CJMIII/pm 5CJMaf cc: Mr. Howard Duckworth Commissioner Gene Brantner Dr. Ralph Wooley Mr. Wes Potter Mr. John E. Hawley Board of Commissioners • OFFICE OF COUNTY ATTORNEY 11(4117:-(S 431 PHONE(303)356.4000 EXTX.. P.O.BOX 1948 GREELEY,COLORADO 80632 iDc. COLORADO July 17 , 1984 Charles J. Muller III Attorney at Law One Alamo Center 106 South St. Mary' s Street San Antonio, Texas 78205-3603 RE: Weld County Disposal, Inc. Dear Mr. Muller: Pursuant to our telephone conversation of July 17, 1984 ,. it is my representation that the Weld County Health and Planning staff will be recommending a 60-day continuance of the show cause hearing cur- rently set for July 25, 1984 , at 2 : 00 p.m. It is also my understanding that, based upon this representation, you will not be prepared to proceed with a full hearing on th-e 25th and I will advise the Board that, should they not accept the continuance recommendation, fundamental fairness requires that your -client be given at least one to two weeks to prepare for the full hearing. If you have any questions concerning this matter, please feel free to contact me. ul Lee D. Morrison Assistant County Attorney LDM: ss xc: Board of County Commissioners Rod Allison, Planning Department Wes Potter, Health Department CASE NUMBER: SUP-454:80:44 NAME: Weld County Disposal, Inc. ADDRESS: 5019 Weld County Road 15, Fort Lupton, Colorado 80621 LEGAL DESCRIPTION: Part of the NWi, Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles east of Fort Lupton; south of Weld County Road 12 and east of the right-of-way for Weld County Road 35 The Department of Planning Services staff recommends that the Board of County Commissioners continue the "Show Cause" Public Meeting to consider revocation of SUP-454:80:44 to September 26, 1984 at 2 p.m. , for the following reasons: 1. Development Standard number _fifteen (15) of SUP-454:80:44 states that, "The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Noncompliance with any of the above stated Development Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners." 2. The Weld County Health and Planning Department's completed a field check of the Use by Special Review area on July 13, 1 984. - At the time of the inspection, the operators were in compliance with development standards number 4 and number 10 of SUP 454:80:44 and standards number 2, 3, 4, 5, 6, and 7 of the signed agreement dated July 23, 1984, between Dr. Wooley, Director of the Weld County Health Department and Mr. Guy Harvey, the past President and owner of Weld County Disposal Inc. - The operators are working to comply with development standard #11 of SUP-454:80:44 and standard number 1 and additional standards number 1 and number 3 of the agreement signed on July 23, 1984. - The Weld County staff feels a continuance would give the present operators adequate time to manage, operate and comply with the development standards set forth in SUP-454:80:44 and the agreement signed on July 23, 1984. MEMORAIlDurn WineTo Rod Allison, Planning Date 7-9D-RL COLORADO From Wes Potter, Director, Health -Protection Services he Weld Disposal Inc. Legal Action Subject: S am requesting that the action against Weld Disposal Inc. be postponed for 60 days to allow the facility owner to complete the actions that they have in progress. The owner is in the _ :Dress of evaluating, improving, ant updating _he management and equipment at the site. Tue to the past history of poor management, I would like to have 60 days for the -project to be completed and for the new management practices to be demonstrated. Members of my staff will monitor the site during this time to evaluate the progress. cc: Dr. Wolley M.D. ,Director, Weld County Health Department. _Lee Morrison, Assistant County Attorny mEmoRAnDum wineTo Lee Morrison Date Septebmer 18, 1984 A COLORADO From Wes Potter n Subject' Legal Action - Weld Disposal Inc. In view of the improvements in management and the equipment at the facility that have been accomplished by Mr. Duckworth in the last 60 days, and based upon my staff's field visits to the site, I recommend that the County vacate the legal action currently being taken against Weld Disposal , Inc. WP:jh PROCEDURES FOR SHOW CAUSE HEARING FOR REVOCATION OF SUP-454 , WELD COUNTY DISPOSAL, INC. --At. the Board' s direction, proceedings will be more formal. A representative of the County Attorney ' s Office will advise the Board as to conduct of proceedings. Tom Quammen, Deputy District Attorney, will present the facts on behalf of the Planning and Health Department staffs ' position that the Special Use Permit be revoked. --Order of presentation --Opening statements by both sides , which are not evidence, summarizing their position. --Calling of witnesses by staff with opportunity to cross-examine by Permittee, following by "re-direct" by staff. --Calling of witnesses by Permittee, opportunity for cross- examination, followed by "re-direct" examination. • --Closing statements - arguments not evidence. --Witnesses should be sworn or affirmed by the Chairman or Clerk. --Decision should be based on a consideration as to whether it is more probable than not that the Permittee has failed to comply with the development standards of the Special Use Permit considering these factors: 1. The appropriateness of the current use of pond "A. " In particular, is there proper handling of the waste so that evaporation ponds do not contain oil? 2 . Whether pond "B" has been closed or otherwise used in accordance with the development standards; that is, is it properly lined or, if it is abandoned, does it comply with standards for reclamation? 3. Whether nor not there is seepage in the vicinity of the facility and the source of the seepage. The adequacy of the monitoring wells and information obtained from the wells will be considered. 4. Whether the freeboard is properly maintained according to the recommendations of the State and County Health Departments. MATTHEWS & BRANSCOMB WILBUR L MATTHEWS A. CHRIS HEINRICHS ATTORNEYS AT LAW GRADY BARRETT HARVIE BRANSCOMB, JR. KENTON E. MC DONALD LIONEL R. FULLER JAMES L WALKER ONE ALAMO CENTER KIP MC NINN EY ESPY GARY BUSHELL P H. S TARVER. CRAIG L. WILLIAMS ZOU 106 S. Sr MARY'S STREET LEWIS T TARVER, JR. GILBERT F VAZDUEZ OF COUNSEL F W BAKER CHARLES D. HOULIHAN, JR. SAN ANTONIO, TEXAS 7H20.5-3692 RICHARD E. GOLDSMITH MARK S. HELMKE G. RAY MILLER, JR. MARY ELLA MC BREARTY TELEPHONE 512-226-4211 CLARK,W H. NOWLIN HALL BARTON CLARK, JR. CORPUS CHRISTI OFFICE FORD. B. MEYER, JR. CYNTHIA N. MILNE TMLEG0PIOR 512-226-0521 JOHN D. FISCH ROBERT D. ROONEY 1800 FIRST CITY-BANK TOWER JON C. WOOD RAUL M. CALDERON CORPUS CHRISTI, TEXAS 78477-0129 GEORGE R PARKER, JR. DOUGLAS L. GIBLEN JAMES M. DOYLE, JR. RUBEN PEREZ' SIB-888-9261 W. M. MONTGOMERY JAMIE M. WILSON W. ROGER WILSON THOMAS A. MORRIS HOWARD R NEWTON RICHARD M. GREEN CHARLES J. MULLER 111 PATRICK H. AUTRY JOHN N. PINCKNEY III LEO D. FIGUEROA RICHARD C. DANYSH JOHN S. HOWELL CHARLES J. FITZPATRICK CHERRY D. WILLIAMS MARY AUELLA KELLY ALLAN F SMITH ��{{1r1 •1 ' .Y fil!i �r� RS MARSHALL T STEVES, JR. J. A. CARSON � W MICHAEL STUKENBERG FRANK Z. RUTTENBERG JUDITH REED B 9KEWA ran,<rv.e July1984 5 , �[,� ��7T o L JU1 06 19$4 FEDERAL EXPRE-SS l� GREELEY, COLO. County Commissioners • Weld County, Colorado - 915 Tenth Street P. D. Box 1948 Greeley, Colorado 80632 ATTN: Mr. Lee Morrison Assistant County Attorney RE: Weld County Disposal, Inc. Dear Mr. Morrison: On July 2 , Mr. Howard C. _Duckworth, owner of Weld County Disposal , Inc. ; Dr. John E. Hawley, Environmental Manager of Chen & Associates, a consulting engineering firm retained by Mr. iDuckwerth; and I , met with Mr. Wee Potter and Dr. Ralph Wooley, M.D. , of the Weld County Health Department to discuss the issues cited in the Notice of Hearing to Show Cause for Revocation of Special Use Permit No. 4-54 , dated June 25 , 1-984 . During our discussion with Mr. Potter and Dr. Wooley, we agreed that we would send this letter to the County Com- missioners to inform the Commissioners of the progress that has been made at the Weld County Disposal site and to request that the Commissioners vacate the hearing scheduled for July 15 , based upon the information presented herewith. We do not -hereby agree that cause -exists for revocation of the Weld County -Special Use -Permit, but do agree for purposes of resolving this dispute to tte following concerning the issues cited in the Notice of Hearing: M-ATTHEWS & BRANSCOMB ATTORNEYS AT LAW Page 2 Mr. Lee Morrison July 5 , 1984 1 . At the present time, Mr. Duckworth is in the process of completing construction of an extended concrete pad around the skimming pit that will eliminate any potential for water spillage. Mr. Potter has reviewed and approved the design drawings for the construction of this pad and, consequently, when construction is complete, this will no longer be an issue . A portion of the concrete pad has already been poured; and, construction is expected to be complete by July 12 , 1984 . Mr. Duckworth is presently in the process of evaluating _Pond "A" or possibly Pond "D" as secure areas for the disposal of the "Frac Gel. " Until Mr. Duckworth completes his evaluation of the preferred disposal site and submits his findings to Mr. Potter, no "Frac Gel" will be accepted at the facility and this question should no longer be an issue. 2 . On July 2 , Chen & Associates completed the development of eight additional -groundwater monitoring wells at the Meld County Disposal facility. This brings the total number of monitoring wells at the site to 14 . Attached is a figure showing the location of the new wells and the previously existing wells. 3 . John Hawley met with Mr. Potter on June 29 to discuss the design of acceptable water level monitoring devices . These devices will be constructed under the direction of Dr. Hawley and will be installed as soon as }possible. We estimate installation will be completed by July 17 , 1984 . 4a. See 3 . 4b. See 2 . 4c. The water levels in Ponds "C" and "D" are being monitored and recorded on a daily basis . During our meeting on July 2 , fir. Hawley showed Mr. Potter and Dr. Wooley copies of the records kept since April 1 , 1984 . Copies of these records are enclosed along with preliminary figures. Mr. Totter indicated that the form of the records were in accordance with his MATTHEWS 64 BRANSCOMB ATTORNEYS AT LAW Page 3 Mr. Lee Morrison July 5 , 1984 instructions . However, in the future, these records will be kept in a neater form. 4d. The liquids have been removed from the screened pit; and the pit has been completely backfilled. 4e. Mr. Duckworth has ordered the site manager not to bypass two water tanks installed last year as additional skimming facilities. A representative of the Weld County Health Department recently collected a sample of water being discharged to Pond "C" and found that there was no detectable oil present in the water. 4f. Mr. Duckworth _recently purchased a new containment boom and skimming device for installation on Pond C. These units are being installed at the present time. Installation will be complete by July 10 , 1984 and there should be no future problems with oil on the surface of the ponds. 4g. Mr. Tuckworth is presently in the process of re-evaluating the use of Pond "D" for brine water dis- posal. He may decide to propose to the Weld County Health Department that Pond "D" be used for the disposal of "Frac Gel" in which case, a new spillway would have to be constructed. Mr. potter will be informed of any decisions before any action is taken. 5a. Records are being kept, but they could be in a neater form. Dr. Hawley will work with Wes Potter and _Gary Kennedy, the site manager, to produce a more acceptable set of records . 5b. Mr. Duckworth has made provisions for the management of Weld County Disposal to be responsive in the future. Mr. Duckworth and Dr. Hawley will work with Mr. Potter to see that the concerns of the Weld County Health Department are addressed in a timely fashion. Gentlemen, I hope that the information contained in this letter will be sufficient to allow you to vacate the hearing scheduled for July 25 . If you have any questions MATTHEWS & BRANSCOMB ATTORNEYS AT LAW Page 4 Mr. Lee Morrison July 5 , 1984 concerning the substance of our conversations with Mr. Potter and Dr. Wooley, do not hesitate to contact me. cerel yo r , C arles J. Mul er, III CJMIII/pm Enclosure 3CJM8zn cc: Commissioner Gene Brantner Mr. Howard Duckworth Dr. Ralph Wooley, M.D. Mr. Wes Potter Mr. John E. Hawley, PhD ACME'S " O . K . CORRAL" CONTAINMENT BOOM • CUSTOM-FABRICATED TO YOUR SPECIFICATIONS ACME PRODUCTS CO., 2666 N. DARLINGTON AVE., P.O. BOX 51388, TULSA. OKLA. 74151 (918) 836-7184 • JaTON® FABRIC SO TOUGH A STANDARD 6-FT. LENGTH OF ACME BOOM WITH NO TENSION MEMBERS HAS BEEN TESTED TO A TENSILE STRENGTH PULL IN EXCESS OF 6,500 LB. WITHOUT DAMAGE. • STANDARD BOOM WITH BOTTOM TENSION CHAIN (INTERNALLY SHACKLED) • HEAVY-DUTY BOOM WITH TOP TENSION CABLE, AS WELL AS BOTTOM TENSION CHAIN .. . . 4-. 1� ,fi r....`.- „y; *a-, s• {.. -< Aw '.1'*yR..:e...' .. . ' ..g . y. « y .:"fie . t,. .. * tL. - ,#�. vy iw .p l g . '. •a ` �,.. „ a,. -".. ,cXs ,mow,^am+.4 v# 1 i ,y,,,, .n Y. ' . tilt ,+'i�R'y_"' .rs"'^' t.. • "ter ,_ inn. .' t ,: ' +1; ,�r M r"x ? pre, Air �v i ACME "O.K. CORRAL" STANDARD CONTAINMENT BOOM Thousands of Feet Now in Use By: • Oil Refineries • Manufacturing Companies • Coal Companies • Pipe Line Companies • U. S. Corps of Engineers • Dredge Companies • Power Companies • U. S. Navy • Sewage Treatment Plants • Port Authorities • Oil Spill Co-Operatives • Paper Companies • Steel Companies • Chemical Companies • Tanneries • Railroads • Wood Pulp Companies • Food Processing Plants WE WILL SURVEY YOUR PROBLEMS AND COME UP WITH THE BOOM DESIGN YOU NEED ACME "0 Ifs CORRAL" CONTAINMENT B STANDARD BOOM 5F- TO 6F1 SFLTO6 FT. IHEHMAL SEAM OA 11116. ,(NICELLIJLAR FOAM I OGS ENCASED IN THERMAL SEALED JaTON ., b+Y +$ �- 3 k�9ygb o• ;;vim, "'� 6 v"3 u Ors>MAF`R* 9 I kst AT` n . a Y Y ! � h T QUICK-LATCH COUPLER SKIRI I.E N(1TH FHEHMAL'SCAM GA:VANIZED CHAIN INTERNALLY CI IAIN SHACKLED ❑AL LAST TO CONNECTOR ACCESSORIES AVAILABLE FROM ACME PRODUCTS CO. ' It e o is ,'.4�0I , k Y Y+n F [ S$ 4. gk , t F tea + 4b 000 K ! tG T i p x 47 '11 TOW BRIDLE ACME "Quick-Latch" Coupling and Tow Bridle for fast boom ACME 'Flexible" Coupling. For economical semipermanent section makeup. application. 7fTi _ ITS '4, yqy r .p 4 6p. N pro'. $ # 4 , 4 4i;`47 .F 4 l i ;4 Y I r •R $ 8a N T i 1-I'd ._ p., xs... x "aa 71* QUICK COUPLER I RCM ROOM ACME "Hitching-Post" Bulkhead Connector, free floating to ACME "Hitching-Post" Bulkhead Connector, as shown in engin- allow boom to rise and fall with water level. Bering drawing at the left. (Note lock design.) 22-OZ. JaTON® FABRIC IS STANDARD, BUT OPTIONAL WEIGHTa. OMS ARE TA4.ORED TO YeUR NEEDS HEAVY- DUTY BOOM O 0 P. S:IP"GALVANIZED C AIRRAFT CABLE '' 14 EHAOKELED TO END YON GTOE 5 FT.TO[I FT 1 5 FT.TO 5 FT. �L::AT DIA. THERMAL SEAM NICLL LAR FOM LOGS ENCASED i____ UIN THrRW L-SEALAED IaTON y A # t a'4 A t OUICK-LATCH COUPLEN SKIRT LENGTH THERMAL PE AM GALVANIZED CHAIN INTERNALLY CHAIN TOADKLENDCC BALIAST TO LND CONNECTOR FOR ANY APPLICATION - CAN BE CONNECTED TO MOST BOOMS i i �,..- x:. ACME "Total Package" Boom Trailer — Boom, Skimmer, Sor- ACME "Total Package" Boat System. Work Boat (Tow) — Boom bents and accessories — Boom capacity to 1,000 ft. Boat — Skimmer — Boom — Sorbents and Accessories. Boom Capacity to 500 ft. SI � u xx ..� rfA �r r� 2 t $ S •' r m L a , r' @ Ycam.- ,e. i ^Sre ' ACME"O.K. Corral" Containment Boom deployed. ACME "Floating Saucer" Skimmer. Sizes and models available for most applications. & MATERIALS AVAILABLE TO HANDLE MOST ANY CONDITION ACME "O. K. CORRAL" Typical Boom Specification I Varies with Options (See Optional -List) STANDARD STYLE HEAVY-DUTY STYLE 6" x 12" 12" x 24" 6" x 12" 12" x 24" Freeboard 12" _ 7" 13" Draft 6" 12" - 24" 12" 24" ._ Floatation - - - log diameter 12" 6" 12" Buoyancy - - - --Pounds per foot 5.2 11.8 4T3 11.8 47.3 Fabric 22-ounce JaTone (840 denier nylon — scrim coated with PVC) Ballast - - - - -(galvanized chain) 1/4" 1/4" 3/8" 1/4" 3/8" Top Tension - - -(galvanized cable) N N N 5/16" 5/16" Fabric Strength 9,000# 13,0004 25,0004 13,0004 25,0004 Bottom Tension - -- -- -- Strength 4,7004 4,7004 _ 9,800# 4,700# 9,8004 Top Tension - -- - -- Strength N N N 9,8004 9,8004 Weight per Foot 1.544 1.964 3.76# 2.16# - _-- 3.954 Storage per100 foot 14 cu. ft. 32 cu. ft. 102 cu. ft. 34 cu. ft. 106 cu. ft. Note:Specifications vary due to wide variety of options offered. Above listed for generalization only. OPTIONAL FEATURES: CONSTRUCTION FEATURES: • Fabrics for special applications • Minimum 22-ounce coated fabric • p High acid caustic • All metal components corrosion reeletent • Temperature extremes,etc. (aluminum,brass,stainless.or galvanized steel) Lead bar ballast(instead of galvanized chain) •-Double fabric around ballast Stainless grommets(instead of brass) • Snag free(no exposed chain Short logs for reel storage or chain shackle) Quick latch or flex couplers •-Enclosed logs for easy cleaning Tow bridles • Bottom tension Bulkhead connectors • Thermal waling Freeboard— t"die.through 30"die. Section lengths to meet conditions (6'to 300'sections) SEWAGE TREATMENT AND LIQUID DIVERSION BOOM The ACME "O. K. Corral" Containment Boom is now being widely used in sewage treatment plants, and holding ponds, as barriers for longer retention time and liquid diversion. The boom is available with curtain lengths to 20 ft. Special connectors and anchors can be furnished. Ends can be finished to fit varying sides and slope contour of a pond. The boom with the rugged JaTon fabric material can be used in place of fence or earth barriers, and is far less expensive to install and maintain. It can also be moved and relocated as needed. The JaTon fabric ma- terial has many uses, including: Rig Canvas, Cargo Covers, Boat Covers, Awnings, Tents, Roof Decking, and Pit and Tank Liners. ACMEp 1�- Distributed by: P R O D L t, S CO. MOORE 'ENGINEERING & SALES, INC. 2666 N. DARLINGTC. V AVE. P. O. al 295 3620 South Galapago Street P.O. BOX 51388 Englewood, Colorado 80150 TULSA, OKLA. 7415 24 Hr. Phone (303) 789-1009 (918) 836-7184 oKc-Bev.TEFCO 10M 779 PRINTED IN U.S.A. The MINI ATI L 4 NG SAUCER I SKIMMER NEw• BY ACME PRODUCTS COMPANY ,., v. . `t vt,,„;.„, . .- i . ,,,,....._ ., - -, 4 A`' I 411 x MODEL FS50SK-17E • Light Weight • Compact • Portable • Patented depth adjustment • Plugs into any 115-volt outlet BUILT in the tradition of the popular "Floating Sau- pump impeller and Volute are molded of high-strength cer®" Skimmer, the new FS50SK-17E Skimmer is de- nylon, making the unit highly corrosion resistant. The signed for the many low-volume oil-skimming applications submersible, sealed electric motor eliminates the necessity where space and handling are major problems, for explosion-proof power, since the motor is always The unit measures only 17'A" x 17/2" x 15/" high submerged. (required 9 1/4" minimum water depth) and weighs only The S5OSK-17E Skimmer cannot 25 lb. The compactness and light weight make this unit pump the large ideal for one-man operation in manholes or in other tight solids that can be handled by larger Acme Products Co. spaces. g units, but pumps most liquids with ease. An intake screen is provided around the weir to screen large particles that The FS5OSK-17E Skimmer is a self-contained skimmer could plug the pump. In extremely difficult applications, unit, with a built-in pump and electric motor, like the cleaning of the debris from around the screen may be other "Floating-Saucer' " Skimmers. It floats on the required. water's surface, and is completely adjustable to skim as thickly, or as thinly, as desired. The unit is powered Also Available by a 1/20-hp. 115-volt submersible electric motor which This unit is also available as a vacuum Skimmer, desig- draws only 3.2 amps. It can be plugged into any 115- nated the Model FSV-5. This new vacuum unit is the same volt outlet because of its small power requirements, thus as the model FS5OSK-17E, except, instead of the pump eliminating the necessity for expensive wiring. and motor, it has a 11/2"" vacuum tube for connection to The small centrifugal-type pump impeller is direct- a vacuum pump or truck. The 1 'r4" tube connection mounted onto the stainless motor shaft. The entire unit comes out the side, at the same position as the pump is sealed, and never needs external lubrication. Both the discharge. ACM PRQDUCTS C4uOkla. 2666 N. DarlingP. O. Box 51388 741 51 (918) 836-7184 I MODEL FS50SK-17E = A. Pump and Motor SKIMMER C. Weir C. WeirIntake Screen 7� I' D. Floats •, E. Adjustment Bolts I I ° F. 1/2" Discharge o 1 JUUUL 0 P 15-1/2" -'� 9" TO TOP OF WEIR JI IL 9-1/4 MIN EP WATER 17-1/2 SO. 24 ACME PRODUCTS CO. Application - -- MODEL FELE PUMP TTT 1/20 HP ELECTRIC — • Wherever oil accumulates in 20 small sumps, tanks, etc. I I — I-- • Cleaning areas for trains -- and trucks u- 16 I • Car wash systems Machine shops • — • Hydraulic testing i 12 __ _ - • Refineries • Bulk Handling plants U • Industrial plants 8 -. • Water sampling • Oil detection units a I • A.P.I. separators I I HIT I I X I 2 4 6 8 10 12 14 GALLONS PER MINUTE • "O.K. Corral" Containment Boom • Aerators • Pumps -• Accessories • Complete "Packaged Pollution Control Systems" • Trailers • Work Boats • "Floating Saucer® " Oil Skimmers DISTRIBUTED BY: ACME Moore Engine ring and Sales, Inc PRODUCTS CO. ND -37)( 1295 En,le'ria� ,, ;,iarauo30150 2666 N. Darlington • P. O. Box 51388 ciU3)/d2-t3.1d c4iiR.Phone TULSA, OKLA. 74151 • (918) 836-7184 RODGERS-5411 PRINTED IN U.S.A. : ,),,b___ A I „, ri.,, (..... p,,,.„„A 4,0 ti,_,, , I P. r 3 to " Y ' ' l0" 3 S 2;oo Phi T 3l? * n ' > / 3 8" .2-Do,: /'m P 3>>sY 7' Y ,7, 2."0' Pr' P 3 SY 7 '8 " 2 'ce' pr.-, l y , &v 3" 1 '5'• 7,' ou /o • ti-1- 11 8 ize 2 : ° ` Pr , 7 4 3 g`) 2 1 J•g,. 2 : oG fp-7 p `/ } y ; s 3 - .17 2 ' 0 0 ft-) I `1-6 s3v 8 4 ` 13-t 2 • P /I7 j 'fl 3 k Y-Lin 374' 2 co p Js-, Li y-3`); trPE 3'7'4/ Zvo )°r ✓ 44-9 s'( 44.4 3 7L Zoo 17/'--' i O l °y-g, le 5 1. /y, Z'O � 1 1. i Mr 'WI 11 76 J' 7-Ci. .2ct2 J 0� ♦,- i. /,. I-,--dy 6 7Y IS 11 2O d.. P ..-- t/ /5 b9' i 7 - oo ,on 4-i' xv: g 3'C. 2'co y-2/1 v- r] 8n 37 37 Zoo Pri-v ci /-3 'i`/' e") 7 2i d /7 f'7 cn i sy - 451 .7.37 7 k, :2,� /0 r;--7 4 _1c s-) Jr77 '1 21O, s2:`•"\ c a sy S y s 7 7.'°c' 00 r y o 4d ,/xi ''��i0 °,> t 9 2c0 Jo7``Z J t:". I" , q o t -/' 25- gy J/4I ,y l II,, i.w+'--. 2'ao / '�� ,y., y Y ? 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Y. • • f s 4AD ize) /52;wit, Tfic a o - 7-_ Cy./ „ v, c5;„ ---'I c ' i -; -8'/ '2' /o S"o„ • / - .3 -7.,/ "/o ., .5- ax — „ �%�/ j ,dRor« , 4 J;- - r/ I 7 ' 7 „ f a _ i,./ 2 , 9 „ s ' 7 " io f 1 ' 2' 3' 6 " 11 r.. / .3 , � ; 2./ _or - r '2 II Y t 1 , - /4 -114 . 7 - y " 3 // 11 ? ii j G - i9- �h ! 7'- 9 3 -� © 'i i • 3 f 3 • j f ; • 3 A I A 3 CA chcn aid associates, inc. CONSULTING ENGINEERS JOB NO. JOB TITLE DATE BY SUBJECT CHECKED SHEET OF PO C 4 0 o ♦' • 0 . 0 • 0 • •0 • 0 • 0 • 0 0 • 0 . U b 0 - U ( O t. o U j O • G G •• • • • • o o' 0 Po Lit') CA-)3 chen and associates, inc. CONSULTING ENGINEERS JOB NO. JOB TITLE DATE BY SUBJECT CHECKED SHEET OF I)0ND o a' • • o O 0 O 0 • O O • 0 • 0 • 0 0 0 ' v U • U U • G k G (to o' -.c, inc. CA-I3 chen and associates, CONSULTING ENGINEERS JOB NO. JOB TITLE DATE BY SUBJECT CHECKED SHEET OF PO C 00 O p 0 O U O O G av x 0 0 x U y 0 Q x Z 0 m 0 x v x ry W O CASE NUMBER: SUP-454:80:44 NAME: Weld County Disposal, Inc. ADDRESS: 5019 Weld County Road 15, Fort Lupton, Colorado 80621 LEGAL DESCRIPTION: Part of the NW', Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles -east of Fort Lupton; south of Weld County Road 12 and east _of the right-of-way for Weld County Road 35 The Department of Planning Services staff recommends that the Board of County Commissioners schedule a "Show Cause" Public Meeting to consider revocation of SUP-454:80:44 for the following reasons: 1. Development Standard number fifteen (15) of SUP-454 :80:44 states that, "The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Develop- ment Standards. Noncompliance with any of the above stated Develop- ment Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners." 2. An inspection by the Weld County Health Department on June 6, 1984, identified that Weld County Disposal, Inc. , was not in compliance with the following Development Standards: 4. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air • quality, water quality, noise emission, and sanitary disposal systems. Representatives or members of the Weld County Health Department, Weld County Department of Planning Services staff and/or Colorado Department of Health shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply -with all applicable Weld County and State Health Regulations. 10. There shall be a minimum of six (6) groundwater wells to monitor -possible leakage from the evaporation ponds and other pits on the property. The Weld County Health Department and State Health Department shall have access to these wells at all times to determine possible contamination on the ground- water. The wells shall be installed as per Weld County Health Department guidelines for depth to groundwater table. 11. The operator shall provide measuring devices in all lagoons which will not damage the bentonite lining. Said devices shall be easily accessible and easily visible to the Colorado Department of Health and Weld County Health Department. Weld County Disposal, Inc. , is not in compliance with the agreement signed on July 23, 1983, between the Weld County Helath Department and Mr. Guy Harvey, President and owner of the company at that time. This agreement was the product and reason for the-withdrawal of the Board of County Commissioners' "Show Cause" Hearing on September 7, 1983. RA:rg ADDITIONAL COMMENTS SUP-454:80:44 The Weld County Health and Planning Departments recognize that Weld County Disposal, Inc. , is under new ownership. However, this does not excuse the current owners from complying with the approved Development Standards. The Special Use Permit Standards run with the land. The staffs of both departments have given this matter consideration and recommend the thirty (30) day extension of time between the "Probable Cause" and "Show Cause" hearings in order to give the new owner time to demonstrate compliance with the existing Development Standards and the July 23, 1983, agreement. RA:rg jecli r ! :I kJ to To Chuck Lunliffe Date 6/9/84 faELPC.COLORADO From Wes Potter Subject: Weld County Disposal, Legal Action Recent inspections by staff members from this office have revealed a significant number of problems at Weld County Disposal. The facility operates under the authority of SUP-454:80:41 granted by the Board of County Commissioners. The facility is not in compliance with Development Standards numbers four (4) , ten (10) , and eleven (11) ; and so not being operated in compliance with letter of agreement dated July 23, 1983 signed by Guy Harvey, owner and president of Meld County Disposal and accepted by Dr. Ralph Wooley, M.D. , Director of the Weld County Health Department. I consider these violations significant and warrant legal action and request that a probable cause hearing be scheduled before the Board of County Commissioners, to consider action for revocation of the Special Use Permit. WS/cs • (1 DEPARTMENT OT-PLANNING SERVICES er, PHONE(303)356-4000 EYT. 400 1 F 915 10th ST-REST • GREELEY, COLORADO 80631 ILA f1 a p June 11 1984 COLORADO Weld County Disposal, Inc. c/o Mr. Gary Kennedy 5019 Weld County Road 35 Fort Lupton, Colorado 80621 Dear Mr. Kennedy: Notice is hereby given that on June 18, 1984, at -9:00 a.n. , 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 Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the -Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number SUP-434:80:41 for compliance to the Operation Standards as approved by the -Board of County Commissioners on April 22, 1981, to _determine if probable cause exists to hold a hearing on revocation of SUP-454:80:44 Inspections by _representative of the Weld County -Health Department have identified that Weld County Disposal, -inc. , is not in compliance with Development Standards numbers four (4) , ten (10) , and eleven (11) , of SUP-454:80:44. In addition, the facility is not in compliance with the standards set -forth in the July 23, 1983, agreement. The agreement outlined eleven (11) standards for continued operation and maintenance of the facility and was signed by Mr. Guy-Harvey, Owner and President, of Weld County Disposal, Inc. , and accepted by Ralph Wooley, M.D. , Director, Weld County -Health Department. If it is Aetermined at the public hearing that there is probable cause that you are not in compliance. with SUP 1454:80:44, the Board of County Commissioners shall schedule a "show cause" public hearing to consider revocation of the Special _Use Permit. r— a Weld bounty Disposal, Inc. June 11, 1984 Page 2 If you have any questions regarding this matter, please call. Respectfully, \\oa. Q`As7J o Ja.t\ Rod Allison Current Planner II RA:rg cc: Duckworth Properties, Inc. , c/o Mr. Howard Duckworth, 6243 Interstate Highway 1D, Suite 870, San Antonio, Texas 76201 Weld County Health Department, c/o Ralph Wooley, M.D. , Director, 1516 Hospital Road, Greeley, Colorado 80631 Mr. Wes Potter, Director, Environmental Health and Research, 1516 Hospital Road, Greeley, Colorado 80631 Mr. Charles J. Muller III, Attorney at Law, Mathews & Branscomb, Dne Alamo Center, 106 South St. Mary's Street, San Antonio, Texas 78205-3603 1 CO J_ I 1 YL Q w-� N O¢ r1/4O O >2 N O N w a) W - rn o W �Z 4 a o g d m t N F i a 88 S c' s _ a w C O u p O I° el' LL v : > Q: O Z 4 Y ,--i r, a LL O h o o n p a) o z p 7 a 2 a l'' m > 0 0 y m S Q co c- o zu m P4 °m a O ° ) m 9 u o rl in 0. oo 0 ,3 « O u. m m • ¢ o cl- ) W =� T7 cc" n a e 3 O t R E ¢ c J -'O EL U O --—i rl v- . n _ n t ,i = i° 4 E W 2 •• U)iO 0 11 •• '. g m ; = m H r Q N f0Ln . w a. U a 1 2 2 ¢ O O a. Z86I 'Clad`008E'mod Sd • DEPARTMENT OF PLANNING SERVICES PHONE (303) 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 illik COLORADO a • SENDER: Complete items 1,2,3 and 4. g Put your address in the"RETURN TO"space on the 3 reverse side.Failure to do this will prevent this card from fbeing returned to you.The return receipt tea will Provide you the name of the person delivered to and the date of ael lverv. For additional few the following services are t£ available.Consult postmaster for fees end check boxles) i ≤ for servicN reques ted. red. wm 1. O Show to whom,date and address of delivery. t4 i 2. O Restricted Delivery. 3. Article Addressed to: .. Weld County Disposal, Inc. :7i, £10 Gary Kennedy �'i 5019 Weld County Road 15 s' Fort Lupton, Colorado 80621 ;--'. li 4. Type of Service: Article Number A a', ❑ Registered O Insured )0 Certified ❑ COD P 397 289 746 LJ Express Mail Always obtain signature of addresseeoL agent and DATE DELIVERED. 12 5. Signature—Addressee X m4 6. S- ature—Agent PTO virni VI ' 'y C I z x ell 7,,, , o `iu a 2 a. Addressee's Ada.ei(ONLY _ :, r. pa „ .) M \ 19' ' 1 eons 76 • Chen&Associa. s ca 96 South Zuni Casper Denver. Colorado 80221 Colorado Springs Consulting Geotechnical Engineers 303'744-7105 Glenwood Springs Salt Lake City June 12, 1984 Mr. Rod Allison Current Planner II Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Allison: Mr. Howard Duckworth, owner of Weld County Disposal, has asked me to write you a letter describing the actions that he is in the process of imple- menting to comply with the Development Standards you referred to in your letter of June 11, 1984. Referring to Items 4, 10, and 11 of the Development Standards set forth in SOP-454:80:44; these are being answered in the 11 standards contained in the operation and maintenence agreement previously signed by Mr. Guy Harvey and accepted by Dr. Ralph Wboley, Director of the Weld County Health Department. Development Standard 4 is addressed by compliance with the standards for operation and maintenance of the facility as this letter describes. Develop- ment Standard 10 is answered in Item 2 of this response. Development Standard 11 is answered in Item 1. Concerning the individual items contained in Mr. Harvey's letter, I will provide a description of the actions to be taken and the estimated time required for completion. These items are as follows: (1) A pond level monitoring device has been installed, but better ones will be installed in fonds C and D. I will meet with Wes Potter to discuss the design of these devices. ( 2) Chen & Associates is in the process of installing additional monitoring wells and will have more than six wells when installation is completed. I have shown Wes Potter the plans for installation and Wes told me that he was in agreement with the program. These wells will be installed by July 1 , 1984. (3) We have not been monitoring evaporation rates, but will begin to do so under my direction immediately. (4) Mr. Duckworth is in the process of closing the skimming pond, but has not completed the job yet. F & F is on the site today, taking out all cable wire, wire mesh, and steel with a D-Cat Bulldozer. Completion date for U u . nw ttL S L I I June 12, 11984 Pie 2 steel removal is estimated to be June 18. DaveCo Oil is removing oil from the surface of the ponds and should also complete oil removal by June 18. The pond will be completely backfilled and closed by June 25, 1984. (5) The oil skimming facility has been constructed and has been operational since October, 1983. This activity has been completed according to the terms of the July 23 letter, but Mr. Duckworth has also agreed to pour a concrete pad around the entire brine pit area to reduce the potential for groundwater contamination due to brine and oil spills. (6) The use of an oil contaminent buoy or ballast has been in place for the skimming of accumulated oil on Pond D since Mr. Duckworth has owned Weld County Disposal. This contaminent has served its purpose, but we propose to upgrade the performance of the oil skimming process by, not only containing excess oil within the buoy, but also by providing an Acme Floating Saucer Skimmer which will continuously skim excess oil daily to be pumped into an oil containment tank. A description of the buoy and skinnier device is attached. (7) An improved spillway containing riprap has been constructed. No evidence of erosion of the dike or liner is apparent. (18) As of today, ( men & Associates has not done any test work to determine whether Pond A's existing liner is inoperable. However, Mr. Duckworth has not, and will not, use Pond A until a determination of the integrity of the liner is assured. (1) At the present time, Gary Kennedy, the on-site Manager of Weld County Disposal, is using a log book to record and maintain accurate and permanent records of pond levels. However, 1 will work with Gary and Wes Potter to establish and implement a procedure for maintaining accurate water balance calculations. (2) Mr. Duckworth has retained Chen & Associates, Inc. to assist with the implementation of a groundwater monitoring program. Attached is a copy of the proposal that Mr. Duckworth and Wes Potter have accepted. (3) Mr. Duckwoth has a local manager, Gary Kennedy, who maintains the facility and oversees the skimming of incoming oil. He has been monitor- ing the freeboard requirements and has not been using any leaking ponds. Thus, of the 11 items specified in Mr. Harvey's letter of July 23, 1983, Mr. Duckworth has completed seven of the required actions and has four other items in progress. Chen&Associates ll.. 1\w tSJ LSZ JII June 12, 1984 Page 3 I hope this letter assists you in -evaluating the -progress being made at Weld County Disposal. Should you have any _questions concerning this letter, do -not hesitate to contact me or Mr. Duckworth at your convenience. Sincerely, Chen & Associates, Inc. By Aft"-- 414AjA John E. Hawley, Ph.D. 4/ Environmental Manager JEH/moc cc: Duckworth Prcprties, Inc. Attn: Mr. Howard Duckworth Weld County Health Department Attn: Dr. -Ralph Wboley, M.D. Weld County Health Department Attn: Mr. Wes Potter Matthews & Bransconb Attn: Mr. Charles J. Muller, III Weld County fl nmissioner Mr. Gene R. Brantner Weld County Attorney Mr. Lee D. Morrison Own&Associates QIchen and associates CONSULTING GEOTECHNICAL ENGINEERS 96 SOUTH ZUNI STREET•DENVER,COLORADO 60223• 30311444105 April 3, 1984 Subject: Proposed Plan for Site Canpliance, Colorado Disposal Systems, Inc. , Fort Lupton, Colorado Job No. 1 417 84 Mr. Howard Duckworth President Duckworth Properties, Inc. 6243 Interstate Highway 10, #870 San Antonio, TX 78201 Dear Mr. Duckworth: Enclosed are copies of all reports previously prepared by Chen & AsGnriates, Inc. for your Fort Lupton brine disposal site. I hope this helps you complete your files on the site. Pursuant to your discussions -with Harold and Chad, I am writing to outline a program that will provide you with useful information concerning the conditions existing at the site and what can be _done to bring the site into compliance with local and state regulations. Before -making cur recom- mendations and retailing the proposed program, I want to describe the existing conditions so you understand why we are making certain reccmnen- dations. Based on the data collected on March 19, we know that there is brine underlying the site but we do not know the extend of vertical or -horizontal contamination. Also, -we do not know whether the brine is presently seeping from the ponds or whether it is contamination that resulted Iran the pre- vious owner's use of unlined ponds. We know that previous monitoring activities have teen inadequate to establish whether the extent of con- tamination is increasing or decreasing and that -background water quality _upgradient from the site is inadequately defined. -Finally, we know that the slope of the groundwater surface is generally toward the east or south- east; we also know from soil investigations done in 1979 that there is a clay layer _underlying the site that may be limiting the extent of vertical migration of -brine. With this background, the program we are recommending is as follows: OFFIC{S: CASPER • COLORADO SPRINGS • GLENWOOD SPRINGS • SALT LAKE CITY Mr. Howard Duckworth April 3, 1984 Page 2 (1 ) Exploratory Drilling—Seven exploratory holes will be drilled on the property to further explore the subsurface conditions. We need to determine if there is a continuous clay layer beneath the site, the thickness of the clay layer, the slope of the clay layer, and groundwater conditions beneath the clay layer. The intended locations of the holes are shown on the attached figure. It is especially important to determine the horizontal and vertical extent of the clay layer because this structure could be limiting the extent of brine contamination and may be a favorable feature insofar as containment of contamination is concerned. (2) Resistivity Survey—A resistivity survey downgradient from the ponds will be conducted to -help to define the lateral extent of brine contamination. lesistivity is an above-ground geophysical technique. The survey may stow that the brine contamination is localized rather than extensive. (3) Monitoring Wells—Eight additional monitoring -wells will be installed at the locations shown at the attached figure. At two of the locations, two hells will be installed; one above the clay layer and one below. The purpose of these new hells is to allow -groundwater sampling that will provide better information concerning the quality of waters that are entering the site. The six existing monitoring wells will be upgraded so that more representative samples of the groundwater can be obtained. (4) Monitoring _Program--The groundwater will te sampled in the new and existing monitoring wells once each month for cne year. The reason for this frequency of sampling is to accumulate the Chemistry data needed to indicate whether the quality of groundwater is improving or deteriorating. At the present time, the -data are inadequate to make any evaluation of whether changes are occurring. Once adequate data has been accumulated, the frequency of sampling will te zeduced in steps to bi-monthly, quarterly, and semiannually. A procedures manual will be prepared that describes the details of well completion, sample analysis and reporting. -A meeting will be scheduled with the Weld County regulators to inform them of the actions being taken. (5) Containment Plan—After the exploratory holes have -been tilled, the new monitoring wells have been installed, the monitoring program has been in place for several months, and the data have been analyzed, recommendations will ere made of the need to contain the groundwater or develop a decontamination plan. The pure se of this phase of the program will be to develop the most wst-effective plan for bringing the site into compliance with local and state regulations. Mr. Howard Duckworth April 3, 1984 Page 3 The estimated cost of our services for each phase of this program is as follows: Exploratory Drilling $ 8,000 to $ 9,000 Resistivity Survey $ 2,500 to $ 3,500 Monitoring Wells $ 9,000 to $10,000 Monitoring Program $ 2,500 to $ 3,000/month Containment Plans $ 5,000 to $ 7,000 All charges will be made in accordance with the attached fee schedule on a unit price basis. The estimated total cost of this program is $24,500 to $29,500 plus the expense associated with the monitoring program. The time-frame required to implement the entire program is on the order of nine months to one-year. Finally, when I talked with Chad last week, he indicated that you were planning to develop two additional sites in Colorado similar to the one you are operating near Fort Lupton. I want to suggest that before you make any uumaitments concerning the location of these sites, you authorize a siting investigation. the purpose of the siting investigation is to identify sites that have geologic and hydrologic environments favorable to your type of activity. By doing a siting investigation, you will be in a very favor- able position to obtain the needed permits from the state and local regulators -and will be able to avoid the difficulties you are currently experiencing at the Fort Lupton site. I hope that you find the enclosed program acceptable. Chen & Associates would like to assist you in developing an adequate program at your Fort _Lupton site. If you have any questions concerning the program, do not hesitate to give me a call. If the scope of work is satisfactory as described above, please sign this letter, return it to me, and we will begin work immediately. Sincerely, Chen & Associates, Inc. By John E. Hawley, Ph.D. Environmental Manager JEH/moc Encl. Agreed to this day of , 1984. (Organization) By N Air-COUNTY ROAD 35 SCALE: 1'=200' COUNTY ROAD 12 OA � 4OFFIOS • MW-8 • MW-ti TANKS SCREENED • r"— CONCRETE CONCRETE \- r'� x POND 411 MW-4 SUMP \ -m POND C ! � (lined) TROSTELL _ I �"—xJ . POND B ACTIVE WELL . / (unlined) RECLAIMED / -- • MW-SA POND A (lined) a INACTIVE MW-2 V OP\\P I . I I SQ POND D (lined) ACTIVE • MW-3 O EMERGENCY OVERFLOW DIKE WINDMILI -- -- o PROPOSED DEEP MONITORING WELL PROPOSED SHALLOW MONITORING WELL & LOCATION OF PROPOSED MONITORING WELLS 1 147 S4 Chen Associates COLORADO DISPOSAL SYSTEMS. INC. FIL- 2 MATTHEWS & BRANSCOMB ATTORNEYS AT LAW WILBUR L MATTHEWS JUDITH REED BLAKEWAY ONE ALAMO CENTER GRADY BARRETT ARVIE BRANSCOMB, JR. A CHRIS HEINRICHS IONEL R. FULLER KENTON E. MC DONALD 106 5, ST. MARY'S STREET NIP MC NINN EY ESPY • H. SWEARINGEN, JR, STEPHEN L GOLDEN GARY BUSHELL SAN ANTONIO, TEXAS 76205-3692 EWIS T TARVER, JR, JAMES L WALKER OF COUNSEL W. BAKER CRAIG L WILLIAMS TELEPHONE 512-226-4211 (CHARD E. GOLDSMITH GILBERT F VAZOUEZ RAY MILLER, JR. CHARLES O. HOULIHAN, JR, TELECOPIER S12-226-0521 W. H. NOWLIN MARK S. HELMKE CORPUS CHRISTI OFFICE FERD. C. MEYER, JR. MARY ELLA Mc BREARTY JOHN D. FISCH HALL BARTON CLARK, JR. 1]00 FIRST CITY BANK TOWER JON C.WOOD CYNTHIA N. MILNE PARKER, JR. ROBERT O. ROONEY GEORGE P. CORPUS CHRISTI. TEXAS 78477-0129 JAMES M. DOYLE, JR. RAUL M. CALDERON 512-666-9261 C. M. MONTGOMERY DOUGLAS L, GIBLET' W. ROGER WILSON RUBEN PEREZ' HOWARD P NEWTON JAMIE M. WILSON CHARLES J. MULLER III THOMAS A. MORRIS JOHN M. PINCKNEY III RICHARD M, GREEN RICHARD C. DANYSH PATRICK H. AUTRY' CHARLES J. FITZPATRICK LEO D, FIGUEROA MARY OUELLA KELLY JOHN S. HOWELL MARSHALL L STEVE'S, JR. CHERRY 0. WILLIAMS June 14 , 1984 MICHAEL W. STUKENBERG 98mirrED IN STATES OTHER THAN TEXAS • FEDERAL EXPRESS County Commissioners Weld County, Colorado 915 Tenth Street P. O. Box 1948 Greeley, Colorado 80632 Attn: Mr. Lee Morrison Assistant County Attorney RE: Weld County Disposal, Inc. Dear Mr. Morrison: This letter is to request that the probable cause hearing which has been scheduled for June 18 , 1984 , be postponed for a period of 30 days . The reasons for the requested postponement are these: 1 . The ownership of Weld County Disposal, Inc . changed in November of 1983 and the present ownership was not aware of the existence of the July 23 , 1983 letter written by Guy Harvey until approximately March 20 , 1984 . As I indicated in my conference with Commissioner Gene Brantner, on June 11 , 1984 the corporate records of Weld County Disposal, Inc. have not been transferred to nor received by new ownership of the corporation and it was only by our reproduction of county records that we became aware of the July 23 , 1983 commitments. I am enclosing a copy of the petition filed in the Bexar County District Court, San Antonio, Texas on April 13 , 19.84 in support of the representations that I am making herein. 2 . Because of the prior ownership' s failure to turn over records , there has been a period of miscommunication MATTHEW-S & BRANSCOMB ATTORNEYS AT LAW Page 2 Mr. Lee Morrison June 14 , 1984 and misunderstanding between the Weld County Health and Planning Departments and the present ownership. As I have indicated to Commissioner Brantner, I believe this resulted from our failure to receive the records and be aware of the commitments made by the prior ownership and from a degree of miscommunication on our part. 3 . Present ownership of Weld County Disposal, Inc. is committed to honoring the representations made by Guy Harvey in the letter of July 23 , 1983 and is vigorously engaged in carrying out those commitments. Evidence of the attitude of the current management and its intentions are contained in a letter dated June 12 , 1984 , to Mr. Rod Allison from Chen & Associates (copy attached) wherein a report and timetable of compliance corrections are sent out. The intentions are also exemplified by the actions taken since June 11 , 1984 , and the extensive conference and understandings reached by Messrs. Potter and Duckworth on June 13 , 1984 . In light of the foregoing circumstances , we believe that a probable cause hearing on June 18 , 1984 would be unfair to the present ownership. We seriously want to establish an exemplary record with the county of not only -compliance but an attitude of good citizenship that goes beyond strict adherance to rules under threat of closure. In short, we want to make this facility one which can well serve the citizens of the county. For these reasons , and with this attitude , we believe that it would be in the interest of all concerned that the probable cause hearing be postponed. Sincerely yours, Cj t.C'(.1-9 . )7LL�C, Charles J. Muller, III P.11 l` MATTHEWS & BRANSCOMB ATTORNEYS AT LAW Page 3 Mr. Lee Morrison June 14 , 1984 CJMIII/pm Enclosure cc: Commissioner Gene Brantner Mr. Howard Duckworth Dr. Ralph Wooley, M.D. Mr. Wess Potter Mr. John E. Hawley, PhD 3CJMi Weld County Disposal Inc. Road 35 Fort Lupton, Colorado July 23, 1983 Dr. Ralph Wooley Director, Weld County Health Dept. Greeley, Colorado Dear Dr. Wooley, In response to the letter from Mr. Jim Smith regarding the voluntary closure of the Weld County Disposal Inc. facility, we agree to the following conditions for reopening the facility: 1) Construction of a pond level monitoring device for all ponds in use. 2) Maintenance of six operable monitoring wells with proper design. 3) Monitoring evaporation rates of all ponds in use in order to evaluate the integrity of all liners. Water levels in ponds C h D will also be monitored. 4) Removal of oil from the settling pond during initial stages of operation -followed by a cleanup and closure of this type of settling pond. Cleanup and closure to be completed by November 15, 1983. 5) Installation of a three-stage oil skimming facility composed of a concrete lined dumping pit followed by transfer to two steel tanks where additional oil will be separated. Pipelines will be in place to fill ponds separately. 6) Use of oil-containment ballasts across the surface of all ponds to remove accumulated oil as needed. The purpose of which is to skim oil from the surface. 7) Construction of an improved spillway containing rip-rap in order to prevent erosion of the dike and liner. 8) Repair existing liner in Pond A and agree not to use until the integrity of the liner is assured. In addition, the owners and operator of this facility agree to: 1) Maintain accurate and permanent records of a water balance in all ponds in use to assure that no significant leakage in those ponds occurs. 2) Monitor and evaluate the groundwater flow and quality on a regular basis by a qualified independent professional. 3) Have a local management figure to maintain the facility and properly skim incoming water to remove as much oil as possible. This maintenance shall also include keeping a freeboard as required in special use permit SUP-454:80:44 and not using a leaking pond. Lastly, the owner and operator of the facility agrees to voluntary closure, if the agreements stated above are proven by the Commissioners, the Director of the Weld County Health Department, and/or the management of the Weld County Disposal Inc. facility. Based on these agreements, we respectfully request permission to reopen the Weld County Disposal Inc. facility and begin to service the needs of the people of Weld County again. Sincerely, Mr. Guy+" Harvey Owner and President Weld County Disposal Inc. DEPARTMENT OF PLANNING SERVICES rg0; ':14471S PHONE(303)356-4000 EXT. 400 915 10th STREET GREELEY,COLORADO 80631 IIIIDe June 11, 1984 COLORADO Weld County Disposal, Inc. r/o Mr. Gary Kennedy 5019 Weld County Road 35 Fort Lupton, Colorado 80621 Dear Mr. Kennedy: Notice is hereby given that on June 18, 1984, at 9:00 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 -Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number SUP-454:80:41 for compliance to the Operation Standards as approved by the Board of County Commissioners on April 22, 1981, to determine if probable cause exists to hold a hearing on revocation of SUP-454:80:44 Inspections by representative of the Weld County Health Department have identified that Weld County Disposal, Inc. , is not in compliance with Development Standards numbers four (4), ten (10) , and eleven (11) , of SUP-454:80:44. In addition, the facility is not in compliance with the standards set forth in the July 23, 1983, agreement. The agreement outlined eleven (11) standards for continued operation and maintenance of the facility and was signed by Mr. Guy Harvey, Owner and President, of Weld County Disposal, Inc. , and accepted by Ralph Wooley, M.D. , Director, -Weld County Health Department. if it is determined at the public hearing that there is probable cause that you are not in compliance with SUP-454:80:44, the Board of County Commissioners -shall schedule a "show cause" public hearing to consider revocation of the Special Use Permit. Weld County Disposal, Inc. June 11, 1384 Page 2 II you have any questions regarding this matter, -please call. Respectfully, �ed Q�\anor‘ Sod Allison Current Planner 1I RA:rg cc: Duckworth Properties, Inc. , c/o Mr. Howard Duckworth, 6243 Interstate Highway 10, Suite 870, San Antonio, 'Texas 76201 Weld County Health Department, c/o Ralph Wooley, M.D. , Director, 1516 Hospital Road, Greeley, Colorado 80631 Mr. Wes Potter, Director, Environmental Health and Research, 1516 Hospital Road, Greeley, I:olorado 80631 Mr. Charles J. Muller III, Attorney at Law, Mathews Branscomb, One Alamo Center, 106 South St. Mary's Street, San Antonio, Texas 78205-3603 Weld County Disposal Inc. Road 35 Fort Lupton, Colorado July 23, 1983 Dr. Ralph Wooley Director, Weld County Health Dept. Greeley, Colorado Dear Dr. Wooley, Upon the reopening of our brine-disposal facility, -the -operator of said facility agrees -to operate and maintain the facility in the following manner. The management of Weld County Disposal lnc. will have a person on- site during all hours the facility is open. This person will ensure -that the facility recieves only authorized liquids. In addition, this person shall operate the new three-stage oil skiuuning equipment efficiently and properly so as to enure a minimal oil layer on the evaporation ponds. In the event that a significant oil layer accumulates on the surface of an evaporation pond, it will be concentrated with a contain- ment ballast and removed with an appropriate vacumn mechanism. The management of Weld County Disposal Inc. realizes the need to assure the people of Weld County as to the integrity of the facility and therefore will perform a routine groundwater evaluation and monitoring program, sun by a qualified Trofessional. This ongoing program will in- volve the use of at least six operable monitoring wells in accordance with the guidelines set by the Director of the Weld -County Health Department. An evaluation of the existing groundwater at -the site has been done in cooperation with Mr. Wes Potter of the Weld -County Health Department. A more detailed evaluation, including the analysis of appropriate chemical species beyond tho-se suggested by the Weld County Health Department will be performed quarterly on both the monitoring wells and the ponds currently in use. In addition to the chemical study, the groundwater potential head for -each well will be recorded for future reference. The results of these studies will be submitted to the Director of the Weld County Health departmentand 1-,c C-i-r-dc DLyartne.,tt1+fc4Iti, ,1 The on site manager of the disposal facility shall "determine the 7/?'7 . water levels of all ponds daily and record this information in a log book. The on-site manager win also maintain accurate daily records of all liquids disposed of at the site.- Included in -these records will be the following information: (1 ) amount of liquid received; (2) source of said liquid; and (3) carrier and driver of -the liquid. All of the in- formation obtained will be recorded in a central log book and will be available to - Health Department representatives on request. At no time will the management of the Weld County Dispos-al Inc. use any pond suspected of liner failure for disposal of any liquids until conclusive -evidence is presented to -the management of Weld County Disposal Inc. and the _Director of the Weld County Health Department to prove -the integrity of the liner. Management of this facility will also maintain at least three feet of freeboard on all ponds at all times in accordance with -the regulations specified in special use permit SUP 1454:80:44. In the -event that the Director of the Weld County Health Department has reason to request such, the operator and owner of the Weld County Disposal Inc. facility agrees to voluntarily close the facility from accepting brine water until such -time that the facility is determined to be in compliance with the development standards and operations agreement. With this voluntary closure agreement, the owner of this facility realizes that the reasons for closure will be restricted to the following: (1 ) Receiving unauthorized liquids or materials. (2 ) Visible failure of a pond liner, -dike, or pond overflow. (3 ) Excessive oil on top of an evaporation pond. (4 ) Surface spill of oil or brine water deemed -significant-enough_ V'5A to—ereate—a-heel.-th-4asard. (5 ) flroundwater contamination due to _one or all of the above four items. The management of the Weld County Disposal Inc. facility look forward to a sustained working relati-onship with the peoplz of Weld County. Sincerely, :2--c Mr. G Harvey Owner and Preside Weld County Disposal Inc. Weld County Disposal Inc. Road 35 Fort Lupton, Colorado July 23, 1983 Dr. Ralph Wooley Director, Weld County Health Dept. Greeley, Colorado Dear Dr. Wooley, In response to the letter from Mr. Jim Smith regarding the voluntary closure of the Weld County Disposal Inc. facility, we agree to the following conditions for reopening the facility: 1) Construction of a pond level monitoring device for all ponds in use. 2) Maintenance of six operable monitoring wells with proper design. 3) Monitoring evaporation rates of all ponds in use in order to -evaluate the integrity of all liners. Water levels in ponds C & D will also be monitored. 4) Removal of oil from the settling pond during initial stages of operation followed by a cleanup and closure of this type of settling pond. Cleanup and closure to be completed by November 15, 1983. 5) Installation of -a three-stage oil skimming facility composed of a concrete lined dumping pit -followed by transfer to two steel tanks where additional oil will be separated. Pipelines will be in place to fill ponds separately. 6) Use of oil-containment ballasts across the surface of all ponds to remove accumulated oil as needed. The purpose of which is to skim oil from the surface. 7) Construction of an improved spillway containing rip-rap in order to prevent erosion of the dike and liner. 8) Repair existing liner in Pond A and agree not to use until the integrity of the liner is assured. In addition, the owners and operator of this facility agree to: 1) Maintain accurate -and permanent records of -a water balance in all ponds in use to assure that no significant leakage in those ponds occurs. 2) Monitor and evaluate the groundwater flow and quality on a regular basis by a qualified independent professional. 3) Have a local management figure to maintain the facility and properly skim incoming water to remove as much oil as possible. This maintenance shall also include keeping a freeboard as required in special use permit SUP-454:80:44 and not using a leaking pond. Lastly, the owner and operator of the facility agrees to voluntary closure, if the agreements stated above are proven by the Commissioners, the Director of the Weld County Health Department, and/or the management of the Weld County Disposal Inc. facility. Based on these agreements, we respectfully request permission to reopen the Weld County -Disposal Inc. facility and begin to service the needs of the people of Weld County again. Sincerely, Mr. Gut Harvey Owner and President Weld County Disposal Inc. yrrin rrnniry CgrAgr•^.) ntEnS mEnnoRAn�um s�Un V 6CH(171 JUN 1 81984 itiTo Rod Allison Planning Division Date 6/15/84 GREELEY, COLO. COLORADO From Wes Potter, Director , Health Protection Services Subject: Weld County Disposal Inc. The violations noted at Weld County Disposal on June 6, 1984 are as follows: Violations of the Development Standards of SUP-454:80:44 # 4. Extensive surface spillage of brine water and oil around the receiving pit. This is a violation of the Solid Waste Act, 30-20-113 and the Water Quality Control Act, 25-2-501. There was also copious oil around the ponds which could also be a violation of the above stated regulations. 11 10. At the time of inspection there were only 5 operational monitor wells at the site. One monitor well has been completely destroyed this last winter. # 11. The monitor devices for pond water level are not easily accessible and easily visible at the time of inspection. The level could not be read accurately even with the use of field glasses. The following violations are-noted in reference to the letter dated July 23, 1984. This letter was an agreement of conditions and standards for operation signed by Mr. Guy Harvey, Owner and President of Weld County Disposal Inc. and accepted by Dr. Ralph Wooley, M.D. , Director, Weld County Health Department. II 1. Improper Pond level monitoring devices: The level of the ponds cannot be accurately ascertained by the existing devices. # 2. The facility does not have six operable monitor wells. 1l 3. The water levels in pond C and D were not being properly monitored. # 4. The oil and water were to have been removed and completely cleaned up by Nov. 15, 1983. The level of sludge has been lower-ed and some work has been accomplished, however the removal and cleanup are far from complete. II 5. 'The skimming facility was completely by-passed and not being used. Water and oil were being pumped from the receiving pit straightto the -evaporation ponds without any proper skimming being accomplished. This was the cause of the -excessive oil accumulation on the evaporation ponds. This exact same condition and proceedure was observed by myself and Dr. Wooley on Feb 1, 1984. Mr. Gary Kennedy, the Manager of the 4isposal site was informed at that time that this operation was not in compliance with the -letter of agreement. 1 II 6. Not properly skimming oil from the surface of the evaporation ponds. A containment boom was present, however, it was not being properly used and oil was present outside of the boom and had been allowed to accumulate along the banks of the ponds and was not being removed as frequently as is necessary. Mr. Kennedy has been informed of this improper operation on numerous occasions. # 7. Spillway for pond D not properly constructed and being used. The pond was being filled through use of the over-flow pipe from pond C instead of being properly filled across the rip-rap spillway that was previously constructed to protect the pond liner as agreed upon in the letter of reference. The facility was also found not to be in compliance with the additional conditions of operation in the letter. # 1. The manager of the facility is required to maintain accurate records including all liquids disposed of at the site, source information and pond level information for water balance in all ponds. These records are either not being kept or are in such disarray that water balance cannot be evaluated. II 3. The local management figure has not been properly operating and maintaining the facility to properly remove as much oil as possible from the incoming water. The local manager, Mr. Gary Kennedy has been informed on numerous occasions as to the problems with the improper operation of the facility and has not responded. NO. HOWARD C. DUCKWORTH AND § COLORADO DISPOSAL SYSTEMS, § IN THE DISTRICT COURT INC. § VS. § §` , JUDICIAL DISTRICT §;, k~) «, 4 GUY HARVEY AND KENNETH KYLE , § BEXAR COUNTY, TEXAS PLAINTIFF' S ORIGINAL PETITION HOWARD C. DUCKWORTH and COLORADO DISPOSAL SYSTEMS, INC. , Plaintiffs, complain of GUY HARVEY and KENNETH KYLE, Defendants, and for cause of action respectfully show: I . Plaintiff, Howard C. Duckworth is an individual o residing in Bexar County, Texas. Plaintiff, Colorado o a -= Disposal Systems, Inc_ , is a corporation, duly formed ndc w -c existing under the laws of the State of Texas, and haling la its principal place of business in Bexar County, Texas. cm v Defendant, Guy Harvey, is an individual residing in Gray County, Texas, and may be served with process at 1820 Holley Lane, Pampa, Gray County, Texas. Defendant, Kenneth Kyle is an individual residing in Ochiltree County, Texas, and may be served with process at 2110 Grinnell Drive, Perryton, Texas . II . This action is brought pursuant to Section 33 of the Texas Securities Act and Section 27. 01 of the Texas Business and Commerce Code for rescission, and in the alternative to recover actual and exemplary damages, for fraud in a securities transaction- Also in the alternative, this is an action for common law fraud by misrepresentation. III. The transactions hereinafter set forth involved securities as defined in Section 4 (a) of the Texas Securities Act. Y -IV. In June of 1983 Plaintiff, Colorado Disposal Systems, Inc. , and Defendant, Guy Harvey, entered into an agreement, denominated as a "Contract of Sale and Exchange, " whereby Plaintiff, Colorado Disposal Systems, Inc. , agreed to convey to Defendant certain improved real estate located in Bexar County, Texas, as well as cash in the amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500 ,000 .00) , in exchange for Defendant conveying to Plaintiff, Colorado Disposal Systems, Inc. , all of the outstanding and issued shares of stock in Weld County Disposal, Inc. , a Texas corporation. A copy of the above-described "Contract of Sale and Exchange" is attached hereto, incorporated herein for all purposes and marked as Exhibit "A. " A description of the Bexar County property is attached hereto as Exhibit "B. " Pursuant to the aforementioned agreement and in reliance upon the representations hereinafter described, Plaintiff Howard C. Duckworth, conveyed certain real property located In Bexar County, Texas , by Warranty Deed, dated October 19 , 1983 , to Defendants Guy Harvey and Kenneth Kyle. A copy of said Warranty Deed is attached hereto and marked as Exhibit "C. " In addition to the conveyance of property, Plaintiff Colorado Disposal Systems, Inc. , tendered cash in the amount of $500 ,000 .00 . At all times relevant hereto Weld County Disposal, Inc. , was engaged in the business of receiving and disposing of brine water produced in conjunction with the operation of oil and gas wells. V. Prior to the execution of the agreement described in "Paragraph IV, Defendant, Guy Harvey, made oral representations to Plaintiff including, but not limited to the following untrue statements of material fact: 2 • a. That the settlement pond located on Weld County Disposal 's oil collection and disposal facility in Weld County, Colorado, contained at least 15 ,000 barrels of recoverable oil, worth approximately FOUR HUNDRED FIFTY-THOUSAND AND NO/100 DOLLARS ($450 ,000.00) , when in fact the settlement pond contained less than 2,000 barrels of recoverable oil. b. That the Weld County facility was in compliance with all laws, rules and regulations of Weld County, and that no modifications, or other remedial action, were required, when in fact Weld County Disposal, Inc. , had agreed to extensively modify the facility in order to prevent Weld County from revoking its special use permit. Weld County Disposal, Inc. , through its President, Guy Harvey agreed to do the following: (1) Construction of a pond level monitoring device for all ponds in use. (2) Maintenance of six operable monitoring wells with proper design. (3) Monitoring evaporation rates of all ponds in use in order to evaluate the integrity of all liners. Water levels in ponds C & D will also be monitored. (4) Removal of oil from the settling pond during initial stages of operation followed by a cleanup and closure of this type of settling pond. Cleanup and closure to be completed by November 15 , 1983 . (5) Installation of a three-stage oil skimming facility composed of a concrete lined dumping pit followed by transfer to two steel tanks where additional oil will be separated. Pipelines will be in place to fill ponds separately. (6) Use of oil-containment ballasts across the surface of all ponds to remove accumulated oil as 3 needed. The purpose of which is to skim oil from the surface. (7) Construction of an improved spillway containing rip-rap in order to prevent erosion of the dike and liner. (8) Repair existing liner in Pond A and agree not to use until the integrity of the liner is assured. (9) Maintain accurate and permanent records of a water balance in all ponds in use to assure that no significant leakage in those ponds occurs. (10) Monitor and evaluate the groundwater flow and quality on a regular basis by a qualified independent professional. (11) Have a local management figure to maintain the facility and properly skim incoming water to remove as much oil as possible. This maintenance shall also include keeping a freeboard as required in special use permit SUP-454 :40 : 44 and not using a leaking pond. c . That there was no threatened or pending litigation against Weld County Disposal, Inc. , when in fact, prior to execution of the agreement made the bases of this suit, Defendant was aware of a claim by Timothy and Mary Trostel, owners of property adjacent to the Weld County facility. Specifically, Timothy and Mary Trostel filed suit in a Federal District Court in Colorado on or about January 13 , 1984 , seeking injunctive relief, compensatory and exemplary damages from Weld County Disposal , Inc. A copy of the complaint is attached hereto and marked as Exhibit "D. " VI . All of the statements by Defendant, Guy Harvey, referred to in Paragraph V were false. VII . When Defendant, Guy Harvey, made the statements referred to in Paragraph V, he either knew they were false 4 'or made them recklessly without any knowledge of the truth, and made them as positive assertions. VIII. Defendant, Guy Harvey, made the statements referred to in Paragraph V with the intent of inducing Plaintiff to enter into the transaction in question. IX. Relying upon Defendant' s statements described above, Plaintiffs entered into the transaction in question, and Plaintiffs would not have entered into said transaction but for Defendant ' s representations. X. Pursuant to Section 27 .01 of the Texas Business and Commerce Code, Defendant Kenneth Kyle is chargeable with the representations made by Defendant Guy Harvey. Specifically, Defendant Kyle has knowingly benefited from the false representations described above. Thus, both Defendants are jointly and severally liable to Plaintiffs. XI. As a result of the fraud of the Defendants as described above and by reason of Plaintiffs ' reliance upon the representations described in Paragraph V, Plaintiffs have suffered injury in excess of One Million and No/100 Dollars ($1 ,000 , 000 .00) . XII . As a result of the fraud of the Defendants, and as specifically authorized by law, Plaintiffs are entitled to rescission of the transaction made the basis of this' petition. In connection therewith, Plaintiffs seek the return of any and all consideration given by it to Defendants including, but not limited to, the improved real estate in Bexar County and cash in the amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500 ,000 .00) , with 9 interest at the legal rate. Plaintiffs are presently willing and able to restore all consideration to Defendants. XIII. In the alternative, Plaintiffs seek recovery for the -actual damages they have suffered as a result of Defendants' fraud, which damages are in excess of One Million and No/100 Dollars ($1 ,000 , 000 .00) . XIV. Defendant, Guy Harvey, willfully made the false representations referred to in Paragraph V or intentionally concealed from Plaintiffs the material information referred to in Paragraph V for the purpose of injuring Plaintiffs. Defendant, Kyle, knowingly benefited from said false representations. Such conduct of Defendant was intentional, willful, wanton and malicious thereby justifying the imposition of exemplary damages not to exceed twice the amount of actual damages. XV. -Plaintiffs show that they have been required to employ the services of the undersigned attorneys to bring this action. Plaintiffs allege that by virtue of Defendants ' conduct as alleged above, an award of attorney' s fees to Plaintiff would be equitable in the circumstances for all legal expenses incurred in the prosecution of this action in the trial court and, if necessary, in the court of appeals and the Supreme Court. - THEREFORE, Plaintiffs request that Defendants be cited to appear and answer, and that upon final trial , Plaintiffs have judgment as follows: 1 . Ordering Defendants to return to Plaintiffs the real property in Bexar County and FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500 ,000 .00) , with interest at the legal rate, in consideration for which Plaintiffs tender the securities referred to above. 5 2 . In the alternative, actual damages in excess of the minimum jurisdictional limits of the Court, with interest at the lawful rate from October of 1983 until judgment. 3 . Adjudging Defendant, Guy Harvey, liable to Plaintiffs for an additional sum as exemplary damages. 4 . Adjudging Defendants liable for an additional sum representing Plaintiffs ' attorney' s fees in the trial court, and if necessary, in the court of appeals and the Supreme Court. 5 . Awarding Plaintiffs recovery of all costs of suit. 6 . Awarding Plaintiffs interest on the judgment at the rate of nine percent (9%) per annum from the date of judgment until paid. 1 . Granting Plaintiffs such other and further relief to which Plaintiffs may be justly entitled. Respectfully submitted, MATTHEWS & BRANSCOMB One Alamo Center, #800 106 S . St. Mary' s San Antonio, Texas 78205 (512) 226-4211 By: Charles J. Muller, III Bar Card No. 14649000 Leo D. Figueroa Bar Card No. 06984100 ATTORNEYS FOR PLAINTIFF 3LDFzt 7 CONTRACT OF SALE AND EXCHANGE THIS AGREEMENT is made at San Antonio, Texas, as of this -AL= day of June, 1983, by and between COLORADO DISPOSAL SYS- TEMS, INC. , a Texas corporation, hereafter referred to as First Party and GUY HARVEY of Pampa, Texas, hereafter referred to as Second Party. First Party will exchange, trade and will convey to Second Party certain improved real estate in the City of San Antonio, Bexar County, Texas, consisting of ten (10) condominium units of which six (6) units are two-bedroom two-bath units and of which four (4) units are one-bedroom one-bath units. Said property will be hereafter referred to as the "San Antonio property", and is more specifically described by legal description in Exhibit "A" attached hereto and incorporated herein and made a part hereof by reference. Second Party will exchange, trade and convey to First Party all of the outstanding and issued shares of stock in Weld County Disposal, Inc. , a Texas corporation (hereafter called "the corporation" ) so that from and after the closing hereof First Party will own 100% of the outstanding and issued shares of stock in said corporation, free and clear of debt, claim and encumbrance (except as otherwise herein stated) and so that no other entity other than First Party will then own city shares of stock what- soever in said corporation. Said property (being all and 100% of the outstanding and issued shares of stock in Weld County Disposal, 7 ( ' tam , -r,-I _ ___, • • Inc. , a Texas corporation) will be hereafter referred to as the "stock" . Second Party warrants and covenants that Weld County Disposal, Inc. owns good and marketable title, free and clear of w:?. debt, claim or encumbrance (except as may be otherwise stated herein) to that certain oil collection and disposal facility and on-going business presently operated by Weld County Disposal, Inc. and located approximately four (4) miles east of Fort Lupton, in Weld County, Colorado, on Colorado Highway 52, and one (1) mile south on County Road 35, and including all of the improvements, equipment and the oil contained in the screen settling pond and concrete sump there located, and including approximately 80 acres of land. Said property, so located, will be hereafter referred to as the "business site" . A more detailed legal description of said property is here attached as Exhibit "B" which said Exhibit €r, "B" is here incorporated by reference and made a part hereof. In consideration of the sale, trade and exchange here contracted for and made , and upon the terms and conditions herein set forth, Second Party will convey to First Party the "stock" free and clear of debt or encumbrance (except as otherwise stated herein) and in exchange therefor, First Party will convey to Second Party, the "San Antonio property" free and clear of debt or encumbrance (except as otherwise stated herein) and as additional consideration for such trade and exchange First Party will pay to Second Party cash in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) which will be paid at closing hereof. - 2 - • It is specifically agreed and understood that First Party does not assume any debts or obligations owed by Second Party or Weld County Disposal. Inc. Second Party does hereby agree to indemnify First Party and hold First Party harmless from any such debts or obligations. Second Party specifically warrants and covenants that. as of closing hereof, Weld County Disposal, Inc. , a Texas corporation, will be free and clear of debt, obligations and encumbrances (except as otherwise herein stated) and Second Party covenants that Second Party will cause to be paid in full all debts of said corporation prior to closing hereof and Second Party guarantees payment of such debts which guaranty shall survive the closing hereof. It is further specifically understood that Second Party does not and will not assume any debts or obligations of First Party in connection with the "San Antonio property" or otherwise, and that First Party does hereby indemnify Second Party and hold Second Party harmless from any such debts or obligations. For the purposes of this trade and exchange the parties here stipulate that the value of the "San Antonio property" shall be fixed at FIVE HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($565,000. 00) and the value of the "stock" shall be fixed at ONE MILLION SIXTY- FIVE THOUSAND DOLLARS ($1. 065,000.00) . RALPH ALLMON is recognized as the causative agent and factor in this trade and exchange and he is entitled to and will be paid a commission by Second Party in the amount of $50,000.00 to be paid in cash at closing and in addition thereto, Second Party will - 3 - convey to the said Ralph -Allmon, AS a part of said commission, Condominium Unit Number 508 (See Exhibit "A" for a more de- tailed description) frse and clear of debt, said conveyance to be $41,"4 made at and simultaneous with the closing hereof. Such sales commission shall be the sole responsibility of Second Party and First Party shall have no liability whatsoever for the payment of such commission and Second Party agrees and covenants to pay such commission in full and to indemnify First Party and hold First Party harmless from any liability therefor. First Party has attached to the contract certified funds in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) and payable to James W. Smith, Attorney at taw, Trust Account, as an escrow and good faith earnest money deposit to bind First Party' s performance of this contract. In the event that First Party fails 04 to substantially perform his obligations hereunder while Second Party is not in default, Second Party may, at his option, declare this contract null and void and of no further force and effect sny may retain said good faith deposit as his liquidated damages , PROVIDED, HOWEVER, that in such event, Ralph Allmon will be -entitled to receive $20, 000.00 of such $100,000.00. In the event that Second Party fails to perform his obligations hereunder, then and in such event, First Party shall be entitled to a refund -of such escrow and good faith earnest money deposit. In no event shall the escrow agent, James W. Smith, Attorney at Law, make ' any disposition of the $100, 000.00 deposit unless and until both nave been given written notice of the alleged default and parties and their attorneys/have been given a period of ten (10) days - 4 - ereafter in which to have an opportunity to cure the alleged fault. At closing hereof, the escrowed funds shall be applied to the Lsh consideration due to Second Party from First Party and First irty shall receive full credit therefor. Closing hereof will take place at the offices of Duckworth ,operties, Inc. , 6243 IH-10, Suite 870, San Antonio, Texas 78201, at such other place as the parties may agree in writing. losing shall be within forty-five (45) days of the date of acond Party' s execution of this contract. First Party' s obligation to perform hereunder is conditioned s follows : (1) that First Party is able to obtain financing in the mount of ONE MILLION SIXTY-FIVE THOUSAND DOLLARS ($1,065 ,000.00) .t a rate not exceeding 2% floating over Mercantile National Bank Dallas prime interest rate and for a period of not less than :ive (5) years. First Party covenants that it will exercise its )est reasonable efforts to obtain such financing. (2) that First Party is able to satisfy the requirements of each and every political subdivision having jurisdiction over the 'business site" for a continuation of all necessary licenses and permits for the continuing conduct of the disposal and collection operations there maintained. First Party agrees and covenants that it will exercise its best reasonable efforts in obtaining the continuation of such permits and licenses to First Party. (3) that Second Party deliver to First Party' s attorney - 5 - • prior to -closing, sufficient corporate books and records for inspection so that First Party can be assured that Weld County Disposal, Inc. , a Texas corporation, is in existence and good standing under the laws of the State of Texas and is authorized to do business in the State of Colorado; and that Second Party is capable of delivering good title to all outstanding and issued shares of stock in said corporation, free and clear of third party claims against the same. (4) that Second Party will, prior to closing, deliver to First Party' s attorney satisfactory evidence showing that there are no liens of record against the personal property owned by the "corporation" . (5) that Second Party will deliver to First Party' s attorney, at closing, written resignations from each officer and director of Weld County Disposal, Inc. , effective as of the date of closing. (6) that prior to closing, Second Party will deliver to First Party ' s attorney a list of debts of Weld County Disposal, Inc. , sworn to by Second Party and by the President and Secretary of Weld County Disposal, Inc. , showing either no debts as of the date of the list or showing a plan for payment of said debts prior to or from the proceeds of closing, such plan to be satisfactory to First Party' s attorney. (7) that Second Party deliver to First Party at, or prior to closing, a sworn affidavit of -no pending litigation against field County Disposal, Inc. executed by Second Party and by the President and Secretary of Weld County Disposal, Inc. ($) that the site and equipment repairs and improvements earlier discussed and agreed between the parties have been completed and paid for in the amount of approximately $12 , 500. 00 . • It is further agreed that the proceeds from any oil sales or rc b water disposal at the "business site" after the signing of this and to the date of closing hereof, contract by both parties, /less the expenses of operating and main- taining the "business site, " will be accounted for by Second Party to the First Party and will reduce the sales price of $500,000. 00 by such net proceeds amount at the closing of this contract. ** At closing hereof, First Party will deliver to Second Party the following: (1) Warranty Deed in form satisfactory to Second Party' s attorney conveying to Second Party the "San Antonio property" free and clear of encumbrance. (2) A policy of title insurance in Second Party' s favor in the amount of FIVE HUNDRED SIXTY-FIVE THOUSAND DOLLARS $565, 000.00) covering the "San Antonio property" issued by a title insurance company satisfactory to Second Party' s attorney and containing only those exceptions normal and usual for condominium properties in San Antonio, Texas. (3) Such documents, instruments and records as First Party may have relative to existing leases, rentals, condominium agreements and/or concominium restrictions and manage- ment contracts pertaining to the said "San Antonio property" . (4) FIVE HUNDRED THOUSAND DOLLARS ($500,000. 00) in cash represented by certified funds satisfactory to Second Party' s attorney. (5) Such evidence of the existence and good standing of -COLORADO DISPOSAL SYSTEMS, INC. and such evidence of proper \\P ** It is also agreed for such period of time that Second Party will allow First Party to have its representative present at the business site and will make all sales, income and expense records available to such representative so that First Party may satisfy itself as to the amount of income and expense accrued for such period of time.** , , stockholder and director authority for this trade and exchange as may be reasonably required by Second Party' s attorney in accord with the requirements of the Texas Corporation Code. (6) All other documents, instruments, materials and items of proof elsewhere herein required to be delivered by First Party to Second Party and not already delivered prior to closing. At closing hereof, Second Party will deliver to First Party the following items : (1) Stock certificates representing all shares of outstanding and issued stock in Weld County Disposal, Inc. , a Texas corporation, property executed for transfer of ownership to First Party in form and manner satisfactory to First Party' s attorney, along with the corporate minute book of said corporation, up to date, and containing such minutes and resolutions, and records of original stock issue and previous transfer of stock as may be reasonably required by First Party' s attorney. (2) all permits and licenses held by the corporation in connec- tion with its previous operation of the collection and disposal business conducted on the "business site" and all such related instruments and documents as Second Party may have on hand or may have access to. (3) all customer lists and records and other business records of the business heretofore conducted by the corporation on the "business site" so that First Party may have the - 8 - • benefit of access to, and the use of such records and documents in its on-going operation of such business ; pro- vided, however, that upon request of Second Party, First Party will arrange to copy such instruments, documents and records at its own expense and to then return the originals of such records , documents and instruments to �clSecond Party. \�C Y (4) A policy of title insurance in the amount of UNE ONE r MILLION SIXTY FIVE THOUSAND DOLLARS ($1,065,000.00) insuring good and marketable title to the real property and real estate improvements described in Exhibit "B" hereto in Weld County Disposal, Inc. , a Texas corporation, and issued by a title company acceptable to First Party' s attorney and containing no exceptions, except those normal and usual to similar property located in Weld County, Colorado. • (6) Such evidence of the existence and good standing of Weld County Disposal, Inc. and such evidence of proper stockholder and director authority for this trade and exchange as may be reasonably required by First Party' s attorney in accord with the requirements of the Texas Corporation Code. - 9 - (7) All other documents, instruments, materials and items of proof elsewhere herein required to be delivered; by Second Party to First Party and not already so delivered prior to closing. Second Party covenants and guarantees to First Party that either Second Party nor any person who has within the past six 6) months been employed by or acted as an agent or servant or ommissi-oned salesman for Second Party or Weld County Disposal, :nc. , will at any time within five (5) years from the date hereof .nd/or within a 200-mile radius of the "business site" directly 3rr indirectly engage in or have any substantial interest in or in :ommon 'with any firm or corporation that engages in any business rhich is the same as or similar to or competitive with the business iescribed herein as being conducted on the "business site" . Second Party agrees that First Party is acquiring all rights wa :o the use of the business name "WELD COUNTY DISPOSAL, INC." and ;hat Second Party will, from and after closing hereof, refrain 'rom any use of said name. Any and all notices or other communications required or per- flitted by this contract or by law to be served on or given to any party hereto by the other party hereto shall be in writing and shall be deemed duly served on the date personally served as Collows : FIRST PARTY: Mr. Howard C. Duckworth, President 6243 IH-10-Suite 870 ; San Antonio, Texas 78201 Telephone : (512) 734-3290 with a copy to his attorney: - 10 - Johnny Roy Phillips, Lawyer P. 0. Box 1258 Seminole, Texas 79360 Telephone : (915) 758-3268 SECOND PARTY: Mr. Guy Harvey P. 0. Box 897 Pampa, Texas 79065 Telephone : (806) 665-1684 with a copy to his attorney: Mr. James W. Smith Route 4, Box 15-A Enid, Oklahoma 73701 Telephone: (405) 242-0060 First Party shall pay the entire cost of the title policy to be furnished to Second Party and Second Party shall pay the entire cost of the title policy to be furnised to First Party. First Party has employed Johnny Roy Phillips, Lawyer, to represent First Party in the negotiation of and .preparation of documents for and closing of this trade and exchange and First Party alone shall be responsible for the payment of his attorney' s fees and expenses reasonably charged and incurred by First Party' s said attorney. Second Party has employed James W. Smith, Attorney at Law, to represent Second Party in the negotiation of and preparation of documents for and closing of this trade and exchange and Second Party alone shall be responsible forthe payment of the Tees and expenses reasonably charged and incurred by, Second Party ' s said attorney. Should either party fail to substantially perform his obli- gations hereunder and the other party is not in default, then such party not in default shall (unless otherwise herein provided) be entitled to all of his remedies allowed by law, specifically - 11 - ; but not limited to. enforcement of specific performance. rent of litigation between the parties and arising from TRACT OF SALE AND EXCHANGE, the prevailing party shall led to recover from the losing party his attorney' s fees ly incurred in prosecuting or defending such litigation. ther this agreement nor any interest therein shall be by either party hereto without the written consent of r. s agreement shall be binding on and shall enure to the of the heirs, successors and assigns of the parties hereto ing contained in this paragraph shall be construed as a to any assignment of this contract either by First Party d Party. the extent allowed by law, the parties here stipulate and at this agreement shall be governed by and construed in ce with the laws of the State of Texas. CUTED by First Party on this / 7'4- day of June, 1983, nio, Texas. :CUTED by Second Party on this 15th day of June, 1983, mpa , Texas. IRTY: SECOND PARTY: ) DISPOSAL SYSTEMS, INC. GUY HARVEY )JC• By C4^Th 9^l « � i C. Duckworth, President Guy Hanley U - 12 - F,cos . • I .- 1 ....%; ...,ti curn STATES VISTACT COURT P:?AYE1. 041.^:0* DO IN THE UNITED STATES DISTRICT COURT, DISTRICT OFtCOL0RADO _Civil Action No. 84- LlE8R• MANSPEAKER _CLERK C'I TIMOTHY and MARY TROSTEL, t � - _ It . 'V Plaintiffs , . '' ' / .1_ v. WELD COUNTY DISPOSAL, INC. , a Texas corporation, Defendant. VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF, COMPENSATORY AND EXEMPLARY DAMAGES AND JURY DEMAND Plaintiffs complain against the Defendant as follows: GENERAL ALLEGATIONS 1 This is an action for monetary damages, and to preliminarily and permanently enjoin Defendant from causing pollutants to trespass upon and below Plaintiffs ' real property, thereby causing personal injury to the Plaintiffs _and their children and damage to real and personal property cwned by Plaintiffs, including Plaintiffs ' domestic under- ground water supply, and resulting in great expense and -health hazards to Plaintiffs and their family. The amount in controversy exceeds the sum of $10 , O00 , exclusive of interest and costs , and the jurisdiction of this Court is _founded upon 28 U.S.C. §1332. 2. Plaintiffs are husband and wife and each is, and was at all times hereafter mentioned, domiciled in and a citizen of the State of Colorado, residing at 17264 Weld County Road 12 , Fort Lupton, Colorado. 3 . Defendant was, and is now, a corporation duly organized and existing under the laws of the State of Texas, qualified to transact business in the State of Colorado and according to reports filed by the Defendant with the Colora- do Secretary of State maintains its principal place of business at Perryton, Texas. T I�f� IV W " ..1 a hi ,,ii • Defendant is , and at all times mentioned herein ze owner and operator of certain real property situat- 4982 Field County Road 35 , Fort Lupton, Colorado. Said ty lies immediately west of , and adjacent to, the ty of Plaintiffs. • Defendant does operate , and at all times mentioned has open-ted, a commercial dump site consisting of 1 ponds used to collect and separate oil, salt water, :her by-products produced from oil and gas drilling ions within the State of Colorado. • Beginning in the fall of 1978 , the Plaintiffs aware of foreign substances in their domestic water FIRST CLAIM FOR RELIEF (Absolute Liability) • Defendant has caused said oil field wastes to be :ed, collected and impounded upon its real property in !de reservoirs and thus is strictly and absolutely " to Plaintiffs for all injuries proximately caused by ;cape of said wastes under the common law of the State _oracle and §37-87-104 , C.R.S . 1973 , as amended. ▪ As a direct and proximate result of Defendant ' s 7 idment of foreign substances upon its property, said • ; have continuously seeped through the soil and into :iff' s domestic water supply, and have drained onto the :e of Plaintiff' s real property. 9 . As a direct and proximate result of said seepage rainage, Plaintiffs have sustained personal injury and e to their real and personal property, and have in- d substantial expenses related thereto. SECOND CLAIM FOR RELIEF (Nuisance) 0 . Defendant has acted unreasonably in collecting and ng harmful substances upon its property. 1 . Defendant' s unreasonable conduct has directly and _mately caused substantial interference with Plaintiffs' Ind enjoyment of their property. - 2 - .:y • THIRD CLAIM FOR RELIEF (Negligence) 12 . Defendant has conducted its operations , and maintained its property in a negligent manner by failing to properly construct and monitor its disposal ponds to prevent seepage and drainage of harmful wastez under and onto Plaintiffs ' property. 13 . Defendant' s negligence has caused Plaintiffs' water supply to become unfit for domestic consumption and use, has caused death and destruction to Plaintiffs ' live- stock and foliage , and has caused irremedial injury to Plaintiffs ' personal and real property. 14 . Defendant' s negligence has further caused great monetary expense to Plaintiffs in securing laundry facili- ties and importing bottled water for domestic consumption. FOURTH CLAIM FOR RELIEF (Aggravated Negligence) 15 . Defendant has conducted its operations in willful, wanton, and reckless disregard for the known risks involved in harmful waste storage, and for the high probability of substantial injury that can, and did, result from inadequate control of said wastes. FIFTH CLAIM FOR RELIEF (Trespass) 16. Defendant has intentionally caused such waste substances to continuously enter onto and below Plaintiffs' real property, thereby interfering with Plaintiffs' right to exclusive possession of their land. 17 . Defendant' s interference with Plaintiff' s real property has directly and proximately caused permanent injury to the land and fixtures, death and destruction to farm animals , crops and plants, injury to Plaintiffs' personal property, personal injury to Plaintiffs and their family, and cash outlays for water, laundry, plumbing services, and other associated costs. WHEREFORE, Plaintiffs respectfully pray: 1 . That this Court grant a preliminary and permanent injunction which enjoins Weld County Disposal Services, Inc. , its officers , employees, agents and privies from - 3 - • causing contaminants to enter on, above, or below Plain- tiffs ' real property; and 2. That this Court enter judgment against Defendant and award money damages to Plaintiffs in an amount to be determined by the proof at trial to fully compensate them for the injury to their real and personal property and for the expenses associated therewith; and 3. That this Court award punitive damages to Plain- tiffs in the amount of $1 ,000 ,000; and 4 . That this Court award Plaintiffs their costs and attorneys ' fees associated with this action; and 5 . That any judgment include provision for pre-judgment or moratory interest as well as appropriate post-judgment interest. 6 . That this Court grant such other and further relief as it deems just and appropriate. JURY DEMAND The Plaintiffs request that this matter be tried to a jury in accordance with their rights under the Seventh Amendment to the United States Constitution. Respectfully submitted, KELLY, STANSFIELD & O'DONNELL Timothy J.. Flanagan "". Hazen D. Brown 550 15th St. , Suite 900 Denver, CO 80202 • (303) 825-3534 Michael A. Curran 445 Union Blvd. , Suite 205 Lakewood, CO 80228 (303) 988-3410 ATTORNEYS FOR PLAINTIFFS - 4 - • EXH1B11 "A" TO WARRANTY DEED DATED THE DAY OF , 1983 FROM HOWARD C. DUCKWORTH AND JOHN K. SHEPARD TO GUY HARVEY Condominium Unit 101, Building 1, New City Block 15017, Windmill Oaks Condo- miniums, in the City of Saan Antonio, Bever County, Texas, according to plat including an undividee d 3.196776e 1 interestium Records of Besot in the common elementsunty. Texas, Condominium Unit 102, Building 1, New City Block 15017, Windmill Oaks Condo- • siaimums in the City of San Antonio, Bexar County, Texas, according to plat of record at Volume 9, Page 283, Condominium Records of Bexas County, Texas, including an undivided 3.1967761 interest in. the common elements. Condominium Unit 103, Building 1 New City Block 15017, Windmill Oaks Condo- miniums. in the City of San Antonio, Boxer County, Texas, according to plat of record at including an undivided 9. 3196776/e 283, Condominiumo unty. Texas, interest in the common elements. Condominium Unit 1OS, building 1, New City Block 15017, Windmill Oaks Condo- miniums, in the City of San Antonio, Ilexes County, Texas, according to plat of record at including an undivided 3.196776e 1 interest in theords of Bests common elements. County, Texas, Condominium Unit 107, Building 1, Mew City Block 15017, Windmill Oaks Condo- miniums, in the City of San Antonio, Bexar County, Texas, according to plat of record at Volume 9, a Condominium Texas, including an undivided 3.196776% interest in the common elements. Condominium Unit 108, Building 1. New City Block 15017, Windmill Oaks Condo- miniums, in the City of San Antonio, Bexar County. Texas, accoring to plat of record at Volume 9, Page 283, Condominium Records of Bexar County, Texas, including an undivided 3.1967761 i in the common elements. Condominium 502, Building S. New City Block 15017. Windmill Oaks Condominiums, in- the City of San Antonio, Bexar County, Texas, according to plat of record at'Volume 9. Page 283, Condominium Records of Bexer County, Texas, includ- ing an undivided 2.237061 i in the common elements. Condominium s Condo- iin . thetCity.ofuSaniAntonio, Bexa New r County, Tex Block asl,indmill accordingkto plat of record at Volume 9. Page 283, Condominium Records of Bexar County. Texas, including an undivided 2.237061 in in the common elements. • Condominium Unit 506, Building S. New City Block 15017. Windmill Oaks Condo- miniums. in the City of San Antonio. Boxer County, Texas, according to plat of record at Volume 9. Pale 283, Condominium Records of Bexar County. Texas, including an undivided 2.237061 interest in the common elements. stir TO: a. Rights of parties in po ion. b. 30 building setback line as shown on plat recorded in Volume 9300, Page 38. Deed sad Plat Records of Bexas County, Texas. c. 19' electric easement to City of San Antonio, as set out, in Volume 2142, Page 783, -of the Bexar County Deed Records, and as shown on plat recorded is Volume 8300. Page 38. Deed and Plat Records of Bexar County, Texas. d. 5' private water *assent as shown on plat recorded in Volume 9300, Page 38, Dood $ Plat Records of Bexar County. Texas. e. II' sanitary sewer easement as set out is Volume 1856, Page 970 of the Boxer County Deed Records. 1. Variable width drainage easement as shown on plat recorded in Volume 9300, Page 38. Deed sod Plat Records of Boxer County, Texas. g. 10'1 3I' private water easement as shown em plat recorded is Volume 9300. Pap 38 of the Deed and Plat Records of Bexar Count , Texas. h. „►gece SK, easement ad amended in Volumea2776.apemen Pegs 86 r fotheedBe r Volume CountyODeed Records, Bexar County Texas. i. Subject to terms, conditions, easements, restrictions as set out in Condo- minium Declaration recorded in Volume I, Page 283, of the Condominium Records of Bazar County. Texas. • EXHIBIT "A". PAGE 1 wain mtEn ►aa • , ,• (Adaodedsneot) '- THE STATE OF TEXAS 1 • COUNTY OF ! Delon r,the undersigned nthodty,on this day pesoaaly eppsstsd - Isom to r to be W pesos_---whose NOS_^.......... subscribed to the fonptad lssntrst,sod scksoeledpd to o M , Mp e --_.Ss—_ executed the ms toe the rumors end consideration therein sapte nd. A.D.1t Glees code ray head and sal of office on tide N day d ' Notary Public .._._._..—._.--._Canty,Tear. Itoey Fu V mid for (Acknowledgment) THE STATE OF TEXAS COUNTY OF Before me,the usdenipmd authority,on this all penonally append ball to as to be the pence..........whose sass......—......--.subscribed to the toAaat yerumsat,and sehaowt dud so tot that........he executed the same for the purposes and consideration thorn eapnrd. Ginn wide my had and sr of office a OS the day of ,A.D.19 i..,.. ----------- -••-----------•---•--: County,Tear. Hotser hNle V;loam it . ! I 1 9 , 1 gi E t . 1 i no `s a l e; letFii 1 AEI 1iii a r N CO CO CO (Croons,seAae �wledea) s THE STATE OF TEXAS 1 a. COUNTY OF SnAR J Orkin Inc the eade>Iptd asthoeMy,as MY day petsoaAy gpsrsd HOWARD C. DUCEWORTH , m Attorney in Pact by kilt recorded Power of Attorney for John W. Shepard , en nownwettt known so es te be the pew whose isms r suhased is oho .t row lestreaset,n deed see t So sere the rreptant for the reptant sad sosdeuewes*Y os hewer ewes Ms taro*therein stated sad se tits wet to sedgy Jobs W. Shepard. Gra le/e If had aid ad otoim as the the M for October . It $3. ►� :._ I RRTar •.��- - �' In end tee iiinotaryI e T DIN O my CoellistiOn expires: _ • • .TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee his heirs and assigns forever; • sad we do hereby bind ourselves, our heirs,executors and administrators to WARRANT AND FOREVER DEFEND at and 'insular the mid premises unto the said melee his heirs and assigns,against every person whomsoever lawfully claming or to eWm the same or any part thereof. • EXECUTED this / f, day of obey ,A.D. $3 ee.Oj DUCKWORTH 7 „ t+. arodigart..._ 0HN W. SHEPARD, By his Attorney in Fact and Power of Attorney Howard C. Duckworth, said Power of Attorney of Record at Volume _, Page , of the Boxer Count Records. co CO (A*sS t ar•p t o TIME STATE OF TEXAS ) cCWTY re hear 1) o a' Meow nips•a0aartpa/aaahaay,a IS day Farsaab append Co -' • ry :� HOWARD C. DUCK W0RTH CD MISS e►or r M prom . ._..arias are arMeW b tY ra._.L,warawaar,as adaaeanraard m sr a1�t be atone the eewe tar the peace sad ooaAM esa aNea n. swat+Grrasirra ia3.rwrefasnwasrue I In. dwell October le 83 ....a ire ,Teal r efed as of aotarr My commission expires: '7/3s lho aJ g3-r 039 • Prepared by die State aw d Tear test sot by Luna aey. 1.10-25W lOTICE To wirer tie popes eril8409:::.&. g inneisPrillaal e IIIIPOONSO t. 82399 WARRA(LONTY f DEED M: TBXAS KNOW ALL MEN BY THESE PRESENTS: ,A1NES i ward C. Duckworth and John W. Shepard Bexar and State of Texas for and in he awn of TEN AND NO/100 DOLLARS le consideration to the under tned paid by the grantee herein named. the receipt of acknowledged, and the other and further consideration of a xchange of other properties as set forth in a certain SALE AND EXCHANGE dated June 13, 1983, by and between sposal Systems, Inc. , FIRST PARTY therein, and Guy Harvey, Y therein, ). SOLD AND CONVEYED, and by these pteaaeb do GRANT.SELL AND CONVEY solo , an undivided three-fourths (3/4th) interest in and to and unto It, an undivided one-fourth (114th) i in and to 0 at aastcsamtst .tl of c m :scribed real property in Bexar County,Tex to-wit: w ,, y - s.3 _ t "A" attached hereto for a description of the property 1 0 he subject of this Deed and conveyance, which said attached : CO " is incorporated herein by reference. 1 12011) 01 S0.00 0/23132/ ww. r .......,,,,,,_„..,„ ,, ___,: ),. . ,..„,,,‘„, , ., .... ., , , Ects, „: „.3 L LI Ls's, k Ilia Condohinlun Unit 101, Building 1, New City Block 15017, WindnillOaks Condo- minivas,,'in the City of Saan Antonio, iexar [aunty, Texas, according to plat of at undivided 3.196776% loadominiip Rocheords common eliar County, Texas, Condominium Unit 102, Building 1, New City Block 15017, Windmill Oaks Condo- - !minimums. in the City of San Antonio, Beier County, Texas, according to plat of record at Volume 9 Page 283, Condominium Records of texas County, Texas, including an undividod 3.196776% interest in the common elements. Condominium the Cityit 3ofBSandAntonio, Sexes County,ew City Bleck Texas,�accordingdmill Oaks to plato of record at Volume 9 Page 283, Condominium Records of Bexar County, Texas, including an undivided 3.196776% interest in the common el - Condominium thetCity.of SSaniAntonio, texaew s County, Tex Bleck as, according according Oaks to plat of record at Volume 9 Page 283, Condominium' Records of texas County, Texas, including an undivided 3.196776% interest in the common elements. Condominium Unit 107, Building 1, New City Block 15017, Windmill Oaks Condo- miniums, in the City of San Antonio, Beier County, Texas, according to plat of record at Volume 9 Pate 283 Condominium Records of Bexar County, Texas, including an undivided 3.1967761 i in the common elements. Condominium Unit 108, Building 1, New City Block 15017, Windmill Oaks Condo- miniums. in the City of San Antonio, Bexar County, Texas, accoring to plat of record at Volume 9, Page 283. Condominium Records of Bexar County, Texas. including an undivided 3.196776% int in the common elements. Condominium 502. Building 5. Mew City Block 15017, Wiadaill Oaks Condominiums. is the City of San Antonio, Boxer County. Texas according to plat of record at•Volume 9, Page 283, Condominium Records of Bexar County, Texas, includ- ing an undivided 2.237061 i is the common elements. Condominium Unit SO4, Building 5. New City Block 15017. Windmill Oaks Condo- miniums, in the City of San Antonio. Bexar County. Texas. according to plat of record at Volume 9. Page 283, Condominium Records of Bexar County, Texas, including an undivided 2.23706% interest is the common elements. maind Condominium th la etCity,o Building tonio, Bexaew r Block County, Texast,indmill accordingks Condo- to plat of record at Volume 9 Page 283, Condominium Records of texar County. Texas. including an undivided 2.23706% interest in the common elements. &RJHT 10: a. Rights of parties is po ion. b. 30 Wilding setback line as shown on plat recorded in Volume 9300. Page 38. Deed and Plat Records of texas County, Texas. c. le' electric easement to City of Sam Antonio. as set out in Volume 2142, Page 793, •of the Boxer Comity Deed Records, and as shown on plat recorded im Volume 9300, Page 38, Deed sad Plat 'Records of Bexar County. Texas. d. 5' private water easement as shown en plat recorded in Volume 9300, Page 38, Deed 6 Plat Records of Briar County. Texas. e. 10' sanitary savor easement as set at is Volume 1856. Page 970 of the Bear County Deed Records. f. Variable width drainage easement as shows a plat recorded in Volume 9300, Pap 38. Dad and Plat Records of Bear Comity, Tomas. g 1Pas 338• of ivhee water good and Plat t as Recordsof Been aart recorded Co my Texas. Volume 9300, h. Subject to easement and meiatsinance &grossest rocor4d in Volume 8091. Pap $06, and wndd in Volume 2776, Page N. of the Boar County Deed Records, Dozer County limns. me S. Subject to ter ceitieos. easements ou t ',thistles as sot t in Condo- simile recorded in Volume 0, Page 283, of the Condominium Records of Dozer County. Teas. em • EXHIBIT "A" TO CONTRACT OF SALE AND EXCHANGE BETWEEN COLORADO DISPOSAL SYSTEMS, INC. • AND GUY HARVEY DESCRIPTION OF "BUSINESS SITE" • Approximately 80 acres of land , more or less , being all of the real estate presently owned by Weld County Disposal , Inc . , at or adjacent to the business site of Weld County Disposal , Ind . , which is approximately 4 miles east of Ft. Lupton , Colorado , on Colorado Highway #52 , and 1 mile south on County Road 35 , and • 1) which land is located in Townshi . 1 North Ran a 66 Ives tY P.M. in Weld County , Colorado and specifically also including all of the equip- ment ,machinery, personal property and real estate improvements now presently there located along with all of the oil now con- tained in the pits , sumps and tanks there located, and specifically including all items of property normally heretofore used in the carrying on and operation of the business there conducted by Weld County Disposal , Inc. The legal description of the real estate (approximately 80 acres) above described is as follows : West One-half (W-1/2) of the Northwest Quarter (NW/4) Section 12, Township 1 North, Range 66 West of the P. M. Weld County, Colorado. � I • • • EXHIBIT "A" TO CONTRACT OF SALE AND EXCHANGE BETWEEN COLORADO DISPOSAL SYSTEMS, INC. AND GUY HARVEY DESCRIPTION OF SAN ANTONIO PROPERTY Condominium Units Numbers 101 , 102, 103, 105 , 107 and 108 , Building One, New City Block 15017, Windmill Oaks Condominiums , in the City of San Antonio, Bexar County, Texas , according to Condominium Declaration of record in Volume 9 , Page 283, Condo- • minium Records of Bexar County, Texas , including an undivided 19. 18% interest in the common elements , the same each being two- bedroom two-bath units and including the build-in appliances and window coverings . Condominium 8 , • jBuilding Five , New nCity NBlock s15017 ,502 , 5Windmill04 , 506a Oaks nd OCondominiums , ' in the City of San Antonio, Bexar County, Texas , according to Condominium Declaration of record in Volume 9 , Page 283 , Condo- minium Records of Bexar County, Texas , including an undivided j8 . 94e interest in the common elements , the same each being one- bedroom one-bath units and including the build-in appliances and window coverings . • STATE OF TEXAS . . COUNTY OF BEXAR . Before me, the undersigned authority, on this day personally appeared HOWARD C. DUCKWORTH, President of COLORADO DISPOSAL SYSTEMS, INC. , a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged to me that he executed the samedfor the purposes and consideration -therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 1 "1 day of June, 1983. My Commission Expires: 6Ql F Notary Public, State of Tex@) 5E7 M srP Ukril Ffcy Printed Name of Notary - 13 - STATE OF TEXAS COUNTY OF GRAY Before me, the undersigned authority, on this day personally appeared GUY HARVEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 11 GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the IS& day of June, 1983. My Commission Expires : Notary Public, State of Texas 12 •04- 4AKoocK Printed Name of Notary - 14 - , ADDRESS OF PLAINTIFFS: 17264 Weld County Road 12 Fort Lupton, Colorado 80621 STATE OF COLORADO COUNTY OF ) ss. We, Timothy and Mary Trostel, being first duly sworn, state that we are the Plaintiffs in the above matter; that we have read the Verified Complaint for Injunctive Relief, Compensatory and Exemplary Damages; and that the facts contained therein are true to the best of our information and belief. T? by Trostel r- ‘4 L ,04•v�� Mary Trostel Subscribed and sworn to before me this ' '� day of , , 198 y by Timothy and Mary Trostel. -WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: I / /mil 4J r /'J i �' J Notary'Pubiic Address of Notary: ‘/./..5 - 5 - _ .....w.. _..- .✓r' . _ .Niel. 4 c4 • SPECIAL USE PERMIT AMMENDMENT • SUP 454:80:44' WELD COUNTY,'DISPOSAL-INC..- ' ' LEGAL DESCRIPTION it . . • stet part_of the Northwest ane-quarter canteen 12,Township 1 North,Range --- - 66 West of the 6th Principal Meridian,Weld County,Colorado,deecoihod as: • o Beginning at the Northwest Corner said Northwest one-quarter,Northwest one-guartert thence 089055'41"E on an aaeuned beating along the North line said Northwest oWe-quarter,Northwest one-quarter,a distance of 1259.89 feet to a point 50.00 feet West of the Northeast corner said Northwest one-quarter,Northwest ono-quarter thence 800021' 56•W parallel'with the foot lino said Northwest one-quarter, Northwest one-quarter a distance of 1333 30 feet to a point on the South line said Northwest no-quarter,Northwest one-quarter,thence N8905T`04•along r the South lino oaid Northwest one-quarter,Northwest one-quarter,a distance -` of 1263.39 feet to the southwest corner said Northwest one-quarter,Northwest ,,- ono-quarter, thence N00030`56•E along the Want lino said Northwest one-quarter, Northwest one-quarter a distance of 1333 03 foot to the point of beginning. ....7 al P. N W Corner Section 12 TIN,R66W Ij OM Elranrmn 10000 easumed N C Corner N 1V 1 4 1309 09 I - __ - _- - w 6/N W 1.4 Section 12 l _ 1 COUNTY ROAD 12 _ PSita I AIW-2 I \ ® M \ slaw 90 J3 - \\ 1 Slur,Irama lJ IlcsiJciiao //• I + /— Aa,ral Yuma, 2353 k.„ h O0 • Parking Storage Teu4.l 300 gal capacity' • 4 I`Inloa.l,n4 %�� C r4 uImII�In9�llrut and FJterrne UM, Area P MW-1 IS.S.itlamant ' 50 Pent clew®1 53 120 a 140 3504 C. 2 Jet� Emerge _ Eaap Emergency Propuwad / Sumh, I'unJ rl I aepu..loon ] • 150 ra Pond 11 'Lined math Benronite• silk 3 .X ale. 2t2' A 1 7. aaPu,..... Punt l Lin..r %s oh Hermon.,. 2011 s ITII- 570 I ` I'Seal. I"-the -'r .,/7.--"....:...........---. ' silt. / clew 7983 / ./e% r I D / /y _. f Proposed Future Eveporslloo Pond / _le \\ Bouncery // o4et� MW-5 \ - Boundary` / Cps CIE) MW-6 \ al ` \ 5 W Corner Y W1 4 + 131]99' -__— L.f ernrt N w 14, N W 1/9 Station 12 s ' LEGEND N lV 1 4 Section I2 Proposed Future Monitoring Walls NOTES Site Boundary B Eveporetion Pond B is presently being evacuated(pumped Into Pond C) • Monitor Well-I.elevation from top of casing C Roeelu then issued Oct.22.1980 authorizing ® Location and design specified by Weld County PLOT PLAN AND MONITORING WELL LOCA'l'ION5 sae Inlet to issuance of a Special Use Permit Department of Health Ammendment• CID Consultmg Engineers and Geologists 0-Engineering design criteria trill be established prior to evaporation pond construction lebNo- 1.2539.3219 lOate.9/24/80lSheet 3 'f . I f'it: /M .3O M'I -- -- • adY 2 1 1331 c/ UCY3iL MG RICEPTI I'I 1858'11•i DATE TIME f ,gel • 1.ARY Al.':ILUCIS,LII,Clerk end heeuruar,',kid Count,Cdais/u 1... W3:ID 4=1.1,CCEPCSA_,1%2. DEVELOPMENT STANDARDS /�/ SEP-d14,01i44 Development Ste,:s:da I; • star and oil fluids raeyclog end dlrpeval rite greeted b} this a The settling pit a showd,hereon shall be•cetened wlbh•ono-inch Epee-al Use Permit on the hereon described parcel fa limited to the wire mesh to prevent wildlife gaining access to the pit. All lagoons facilities snare hereon. Said facilities shell bat shall have flagging devices plans no morn than 20 foot apart to dis- courage birda tram landing on the water surface. Tema flagging ■.63D square foot (minimal structure built in accord..with devisee shall bo installed by the owner/operator within three 131 the Uniform Building Code and utilised as an office and a month of approval of thin Spatial Lea Permit by the Board of County residence by an employee for the control.operation and security Cmaiselonors and shall b,maintained In good repair throughout the of the facility, lift of the operation. b.Light 300 barrel tanks, 9.To prevent seepage to thel groundu[or.alt pits,lagoon.,and other tlees containing water at any tine shall by lined with bentonite r One eireuleting janp and oetorr or other Impervious mated.]as per State and County Health Deptrtacnt guldrlien.within six 16)menthe of allwzval of the Special Use Permit d.One 0 foot and 20 foot heat and filtering sresel. by the Board of County fammcrlonara. Cecntroetlra of tie lagoo-n and embank:mots shall to In accordance etch the design ae sham hereon e.taus hentonite sealed lagoons as shoo hereon. The lagoons or other design sleeifSeal Iona from a registered profcsolonal engineer say include an aeration system as part of the operation. Thena specifications shall bo subject to review and approval by the -be dimensimna of the lagoons shall bo a follwa, veld County Health Deportment and Colorado Dcparmcnt of Health. Inc e•buard allowance for all dues d.:need to retain water or ern r Pond A-93,000 eguare feet 1.9 a 'lufda shall be as .,specified by the 1d;aunty Ilealth Depsrtn n_ Pond 9-02.000 equate feet 1.9 aorea a d/a[Colorado Deportment e'Heal." Pond C.-312,600 square feet 9.2 acres _ Pend D-233.900 square feat 5 e ae[cs lt.ge.sible leakage free:gee evaparatlatclxr pent-nand other pi,ter wells to r.n 1• r :re-party.Settling pit screened with one-inch wire mesh. :rerty. The cold Co-nt/ ,-alt: ,t and Slate iii,in, I- c.rt shall hate access to hes•we Ir at all tints to dot i^r g.Concrete sump divided by cement petitions Into three(31 7^,cable eentasanatton of he -v_ •unt•0 The veils•,A. separate holding tanks Additionally.all cites permitted an per held Co nt./:talc): k7-rove,''ft...liner for dip th r by right in Section 3.3 of the Weld County Coning Ree°lu- tulip' Lion are allowed within the Special Use hermit area. 11.^r operator shall provide n,..e.-e•-I.;t all lagoc till 2.Access to the Special toe Permit area in ignited to 0 v point n•t di=rge the lontonitr 1 n. 1.1• a ,. in lc shove hereon. Thee a shell have the approval of the Weld County •-.f really vaoibly to the Imlr r.,'ic t-in.of Health or flinty Cc.rty Engineering Department..The averse shall be eonetruvted in accordance ''•a1:h DCParmene. with the reccmacndatiene and/orrrequiremente of the Weld County Engineer- ing Department All private interior road.shall be graveled. �• -4 wild foot i[:.:h , _-•a Or rat,notice v_ih_i a 3.:he Spacial Use Poemlt area shall be maintained in such a r ptrlod of s-_ :ate:r - to prevent soil oem th ion,fugitive duct,and e growth oC noxious secede. - • - •e'1'- - — irta 4.All phases of the operation shall comply with all County and State Health - -' :`,e• Standards and Regulatlens pertaining to air quality.water quality.noise -- 1..2.1t • "111• • • • •- -n-dr.-w2 _r__ oieelon,and sanitary disposal systems Po;eroentativea or members o _ read c+all:.c s;^-:-r'a evd c id t•t the Wald County Health Department,Weld County Department of Planning- each lagoon in c:tat t`az< -race a pod Services Staff and/or Colorado Department of Health shall be granted rim e!1 from all a. trey°for a lass o access onto the site at any rem enable tine in order to lrsure the "'" '° elm°• .r. •e one opeations carried out on the site coyly with all appliraole Weld County -al die sari- -`all•7. 1- _•hr a.-r shoo hereon and State Health Regolationa erncd h, the iet-lcpn•;: . tied c and al!a;;ile- _ _ _ __ - • '•^]d County acgalatl_n, ,s- l coiotic,_fro the plans _ 'operatic-5ar, a a• I •.311 ho fillet and `opeent Betas/ardi r,,-1'n-or r•t:rd sieve shall require to 22 graded 0 ason olcenf grade end all �rds or pits&erreaniing terrain. Tar Spatial beef v:[oval -cr_:rn.to Si,,-2,.•-.al Perot by the Planning ^able eta:,within c_ :II-.tint'sea3on and r the Board of Cunt/r-en..u.e.cre bcCore such changes area,.`all bon reclaimed: __ �.s propart}oe shall mrrded i whoa:o:x_ qv- 'the plans and/or Devebgrent S a - all bo permitted. Any of:ft „.,•fate greond cover approved to t..r eczl Cc•,se:va_.m -or •.avges from Nat plan,send/a::r Standards shall be or etnerfiled in the office of:he Ic•a-ttc-•of,.a a.ng Services. _an_[c 6.Storage of s.1 Hold drilling and associated alai:rent shall not be 15 r. nep.•rty meet and/or....or o •hie op ration,ion 50011 b. rcepo•elhle paemiotrdrwi_him the Spacial Use Posit area !sr rt.-plying with all of the ache stated,•.velops'_vt Standard;. with any of the there v a•ed:wet t t Standards may be 7 -irking en field County Road 12 and 35 will be teal iii tnt. Parking sill sea-.for retoratten of tit;, lag _e In-n_S i- the 3-ward of Count/ only bo allowed within the property descried hereon, rat.lve lvoure. at ion _ tas_clod Count`- - eIf nun• Cl Cc-I. he:t•rat,.:-:ear' co the braid off Corey C t11a 1 l sc Cw' Se as •"'a che1r c cf1'.than,approve Loy a1 vi —• if9y wen- 'hkd .co this /7�- 44 Doan ou °7 rte wort} arming 777 Board of Count,.Cc'iC=isnie^re-tfi fr_�t° -ors.`•std Count}.Cal e•' • Is t° rc Sfy that the lbard eI Count}C.nf.•ir ie t r• set `r. epicd. on1 n Fen 'tan 15 W �• r bg.ee of to and edape,fife Bpt'c1a1 ^Lay a' '"C_,�• aa_e;it.--•t and described hereon C:011;4:-1: 011;4-te Count)Caa°faelon... �tyl n a ,,o' ATTEST runty lark Pro art Wle_r2 A7.41.1)41. 1 mi rr(e)vltl•la tbfe Sp0e1n1 Use fie to do�s;rST the order al°T Property ow hereon thta r-tan to the Devolopmco:Se�•rds a darer lied agre A D..1911 yep, ' ifitt‘e, ffiEmORRflDUlii fREP '),, ,R winTo Rod Allison Planning Date October 3, 1984 C. COLORADO From Wes Potter, Health Protection Services Subject• Weld Disposal Recent inspections and an ongoing scrutiny of the Weld Disposal Facility have shown a dramatic improvement in the operations at the site. The owner, Mr. Duckworth, has improved the receiving tank by installing a concrete spill apron and improved piping fixtures to prevent the excessive spillage. An improved effort has been observed to reduce the amount of oil on the surface of the ponds. The manager of the facility has demonstrated an improved willingness to operate within the guidelines of the Development Standards and Letters of Agreement. I therefore am recommending that the present legal action against the facility be dropped. ,ii)...___ fir_ ____i:__ ! ! 1.9 6 0 198411 ,i WS/gl Weld Co. Plammig ilfm.1,Ids °o (4Chen -ssociates 96 South Zuni Casper Denver, Colorado 3 Cheyenne Consulting Ueotechnical Engineers 303/744-7105 Colorado Springs Glenwood Springs Rock Springs Salt Lake City September 26, 1984 Subject: Weld County Disposal, Inc. , Request for Approval Job No. 1 417 84 Mr. Rod Allison Current Planner II Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Allison: On August 24, 1984 you gave temporary approval to Weld County Disposal to accept "frac gel" and dispose of it in Pond D at the site. This temporary approval was based upon the use of a "frac tank" as a means of preventing the discharge of oil to Pond D. Mr. Howard Duckworth, owner of Weld County Disposal, has asked me to write this letter requesting that the temporary approval granted on August 24, be made permanent. The reason for this request is based upon the success that the operators of Weld County Disposal have had using the present system. Since the operators are able to inspect every load of "frac gel" prior to discharge to Pond D as required by the Weld County Health Department, Mr. Duckworth wants to continue using the existing system. If this request is acceptable to the Weld County Planning Department, please indicate approval by signing this letter and returning it to me. Thank you for your consideration. If you have any questions, do not hesitate to call me. Sincerely, CHEN & ASSOCIATES, INC. 2By44._ J hn E. Hawley, Ph.D. Environmental Manager JEH/jj Encl. [1 Approved By Q c'-ri I Ln)S`i'i li ,� Mr. Rod Allison Current Planner II !, SEP 27 1984 Department of Planning Services L21,___ Field Co. Planning Cocnmissior ...if.% \?\t" Vq4 DEPARTMENT OF PLANNING SERVICES r PHONE(303)356-4000 EXT.400 915 10th STREET GREELEY,COLORADO 80631 ;r€666331 ,� August 24, 1984 y CSLO ADO Mr. John Hawley, Environmental Manager Chen & Associates 96 South Zuni Denver, Colorado 80223 Re: Request to accept "frac gel" on a temporary basis Dear Mr. Hawley: The request to accept "frac gel" on a temporary basis as described in your letter dated August 21, 1884, has been approved by the Weld County Health and Planning Departments. A copy of the Weld County Health Department's letter is attached for your records. Prior to start-up of the request, an amended SUP-454:80:44 plat must be submitted to this office. Sincerely, Rod Allison Current Planner II RA:rg cc: Wes Potter, Director Environmental Health Services Weld County Lee Morrison, Assistant Attorney County Attorney's Office Weld County Enclosures -r I r .A 4/ 0 • 1 .;....),,(,4rHt.h1 f f e gif1,f iz... 0. To Rod Allison, Current Planner Date August 23,1984 COLORADO From Millie Turner, Environmental Health Specialist Subject: Weld County Disposal Weld County Disposal has requested approval of plans for temporary facilities for accepting "frag gel". They propose to use a "frac tank" for receiving the gel in lieu of the concrete receiving pit. The temporary use of the "frac tank" would meet the approval of the Health Department if adequate means of observing the tank contents for oil were available. i AJG } 19 4 ' '! ,' c-i, Chen kssociates 96 South Zuni Casper Denver, Colorado,�.,�23 Cheyenne Consulting Geotechnical Engineers 303/744-7105 Colorado Springs Glenwood Springs Rock Springs Salt Lake City August 23, 1984 Mr. Rod Allison Current Planner II Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Allison: Pursuant to your letter of August 17 , I am enclosing an amended SUP-454: 80 :44 plat showing the required modifications and structures . Thank you for your consideration. Sincerely, Chen and As ociates , Inc.PA, John E. Hawley, Ph D. Environmental Manager f 1 DEPARTMENT OF PLANNING SERVICES Q y PHONE(303)356.4000 EXT 400 915 10th STREET GREELEY,COLORADO 80631 August 23, 1984 ' Y COLOR A .. ►r O Mr. John Hawley, Environmental Manager ' Chen & Associates 96 South Zuni Denver, Colorado 80223 Re: Request to accept "frac gel" and "drilling mud" at Weld County Disposal, Inc. : SUP-454:80:44 Dear Mr. Hawley: In accordance with the Department of Planning Services letter written to you on August 17, 1:84, this office has received verbal comments from Mr. Dennis Hotovec, Geologist with the State Health Department, concerning your request to accept "frac gel" and "drilling mud" at Weld County Disposal, Inc. Mr. Hotovec indicated the State Health Department would not be forwarding any written comments regarding the operation or design of the structures as explained in the request. The Weld County Health Department indicated in a memo dated August 20, 1984, that drilling mud could be accepted in Pond "A" of SUP-454:80:44. A copy of this memo is attached for your records. This office has not received an amended plat as requested in our letter dated August 17, 1984. Prior to start-up of the requested operation it shall be necessary that the approved SUP-454:80:44 plat be amended in accordance to your request and submitted to this office. t- .. Mr. John Hawley, Environmental Manager August 23, 1984 Page 2 Please call if you have any questions regarding this letter. Sincerely, �,/�17 go-1/Rod Allison Current Planner II RA:rg cc: Mr. Wes Potter, Director Environmental Health Services Department Weld County Mr. Lee Morrison, Assistant County Attorney County Attorney's Office Weld County Enclosures 1 1 &XI EORRflDU WineTo Rod Allison, Planning Dept. Date Augu t 20, 1984 A COLORADO From Millie Turner, Health Department /I/ I j subject: Weld County Disposal, SUP-454:80:44 The Weld County Health Department has received the request from Weld County Disposal to accept drilling mud in Pond "A". Health Department staff has no objection to that proposal, providing that no brine water is acceppted in Pond "A". 0 PLE`AR-IT,W II\( PUG 2 21984 Weld Co. Planning Cnmmissian mmoRAnDun � WillieTo Weld County Health Department Date August 22, 1984 COLORADO From Rod Allison, Current Planner II Subject: Weld County Disposal A Attached is a letter from Chen & Associates requesting permission to accept "frac gel" at Weld County Disposal on a temporary basis. Please review this proposal and return your opinion to me as soon as possible. Thank you. RA:rg Enclosure cf,i, Chen Associates 96 South Zuni Casper Denver, Colorado ___23 Cheyenne Consulting ueotechnical Engineers 303/744-7105 Colorado Springs Glenwood Springs Rock Springs Salt Lake City August 21, 1984 "i PP q Subject: Request for Approval 4 Job No. 1 417 84 '14 Mr. Rod Allison s Current Planner II Weld County 4 ! Department of Planning Services 915 10th Street 4 r Greeley, Colorado 80631 r Dear Mr. Allison: On behalf of Mr. Howard Duckworth, I am requesting permission to accept "frac gel" at Weld County Disposal on a temporary basis (four to ,;-4 five weeks) , while the improvements described in my previous letters are being constructed. Q rN t�r o a� Specifically, Mr. Duckworth would like to allow trucks containing -7g "frac gel" to discharge directly intoBeestlefe until the concrete lined pit _ I is constructed. The procedure to be used will consist of having the trucks*/ discharge through a 4-inch hose onto a heavy duty canvas tarpaulin placed over the pond liner and extending into the brine. This procedure will protect the pond liner fran erosion and will allow an employee of Weld County Disposal to observe the discharge and terminate it in the event that oil begins to exit the hose. The oil remaining in theitimEk would then be discharged in the concrete receiving pit. 'C._ cflie . A4: q Mr. Duckworth will commit to having an employee observe all discharges of "frac gel" and will also provide for aeration of the brine wastes by using the irrigation gun presently on-site. Approval of this temporary plan will allow Mr. Duckworth to satisify the technical considerations of the original proposals, but will also allow him to serve his customers while construction of the permanent improvements is being completed. Mr. Rod Allison August 21, 1984 Page 2 If you find this proposal acceptable, please indicate approval by signing this letter and returning a copy to me. If you have any questions, do not hesitate to call me. Thank you for your consideration. Sincerely, CHEN & ASSOC TES,/INC. John E. Hawley, Ph. . Environmental Manage Approved Mr. Rod Allison Current Planner II Weld County Department of Planning Services A rov p PP �� Mr. Wes Potter, Directo ' - a� �� etzetz-vie, , Environmental/Laboratory Services ir Weld County Health Department JEH/jj r/4/: te--v>51 // \7r Chen&Associates H ti J ._-._ 'yam �°- V„Y, -v\, DEPARTMENT OF PLANNING SERVICES Yr)d ,- '-.-Y \ v PHONE(3031 356-4000 EXT 400 4 •, ii 915 10th STREET }`-- GREELEY.COLORADO 80631 L� 1 : ' ' I '' i Q;.__ August 17, 1984 Mr. John Hawley, Environmental Manager Chen & Associates 96 South Zuni Denver, Colorado 80223 Re: Request to accept "frac gel" and "drilling mud" at Weld County Disposal, Inc. : SUP-454:80:44 Dear Mr. Hawley: - The Department of Planning Services has reviewed your request dated July 31, 1984, and at this time does not consider your request to be a major change from what was approved at the public meeting for SUP-454:80:44. Prior to start-up of the request it shall be necessary to submit an amended SUP-454:80:44 plat. The required modifications and structures must be shown on the amended plat in accordance with the request. The Weld County Health Department reviewed the request in a letter dated August 14, 1984. The request to accept "frac gel" was approved subject to developing a pit to contain the incoming "frac gel" so that the "frac gel" can be inspected for presence of oil. In addition, the storage lagoon must have an aeration system to prevent the formation of a slime mat on the lagoon surface. The Weld County Health Department did not comment on your request to accept "drilling mud". The Planning staff cannot consider your request to accept drilling mud until it has received comments from the Weld County Health Department staff. The Planning staff has not received comments on your request from the State Health Department. The Planning staff called Mr. Scott Winters, Representa— tive for the State Health Department, on August 17, 1984, and discussed the status of its review. It was explained that the review was not completed at this time and no completion date could be confirmed. The Planning staff will continue to monitor the status of the State Health Department review. The Planning staff has explained the need for a timely review to the referral entity. . Mr. John Hawley, Environmental Manager August 17, 1984 Page 2 At this time, the Department of Planning Services is authorizing you to proceed with acceptance of "frac gel" per local Health Department and Planning Department instructions with the understanding that Weld County Disposal, Inc. is responsible for complying with requirements as set forth in the State Health Department's review of this request. The Department of Planning Services will call and write with a final position on your request as soon as the additional information is received by this Department. Please call if you have any questions regarding this letter. Sincerely, Rod Allison Current Planner II _ RA:rg cc: Mr. Wes Potter, Director Environmental Health Service Department Weld County Mr. Lee Morrison, Assistant County Attorney County Attorney's Office Weld County Enclosure Em RAn� m 401, log Wilm o u To Rod Allison, Planning Departmenteate August 14, 1984 C. . ..r.-- COLORADO From Millie Turner, Environmental Health Supervisor 1 Subject: Weld County Disposal We have received the proposal from Weld County Disposal for accepting fracturing gel at their facility. Acceptance of fracturing gel would have the approval of the Health Department as long as there is a pit where the incoming gel could be observed for the absence of oil. In addition, the storage pond would need an aeration system to prevent the formation of a slime mat on the surface. MT/mr D ir-,,15---07 .-1 NJ, 141984 Veld Co.@tanning Commission DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 .:fi,1 ,, o • COLORADO August 3, 1984 Mr. Randy Jones Wast Management Division State Health Department 4210 East 11th Avenue Denver, CO 80220 Re: Request for Chen & Associates to accept "drilling mud" and "frau gel" at Weld County Disposal, Inc. Dear Randy: Enclosed, you will find copies of correspondence between the Weld County Health and Planning Departments regarding a request from Chen & Associates to accept "drilling mud" in Pond A and "frae gel" in Pond D at Weld County Disposal, Inc. Pond A had been receiving brine water but was closed because of liner failure. Pond D is presently accepting brine water. Please review and comment regarding any concerns or the feasibility of this request. Please call if there are any question. Sincerely, pc-A,. Rod Allison Current Planner Enclosure RDA:jo Chen Associates South Casper Denver, Colorado ou223 Cheyenne Consulting Geotechnical Engineers 303/744-7105 Colorado Springs Glenwood Springs Rock Springs Salt Lake City July 31 , 1984 Mr. Rod Allison Current Planner II Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Allison: I am writing on behalf of Mr. Howard Duckworth, owner of Weld County Disposal , Inc. , to request that your department approve Mr. Duckworth' s plans to make improvements at the disposal site. Specifically, Mr. Duckworth plans to construct a concrete pit near the northwest corner of Pond D so that "frac gel" can be disposed in Pond D. Also, he plans to construct a concrete pad near the southwest corner of Pond A so that drilling mud can be placed in Pond A. The design of the concrete pit and pad has been reviewed by Mr. Wes Potter of the Weld County Health Department. Copies of correspondence with Mr. Potter are attached. If these improvements are acceptable to the Weld County Department of Planning Services, Mr. Duckworth will proceed to hire a contractor to construct the improvements. Please indicate acceptance of this plan by signing this letter. Return one copy to me and retain one copy for your files. Thank you for your consideration. Sincerely, Chen & Associates, Inc. AL &AV John E. Hawley, Ph.D., Environmental Manager Approved: Mr. Rod Allison Weld County Department of Planning Services Chen .Associates South Zuni Casper Denver, Colorado 80223 Cheyenne Consulting Geotechnical Engineers 303/744-7105 Colorado Springs Glenwood Springs Rock Springs Salt Lake City July 26, 1984 Mr. Wes Potter, Director Environmental/Laboratory Services Weld County Health Department 1516 Hospital Road Greeley, CO 80631 Dear Mr. Potter: On July 12 I talked with you concerning Mr. Duckworth's plans to make improvements at Weld County Disposal so that "frac gel" and "drilling mud" can be accepted. At the time of our conversation I gave you drawings of the proposed improvements and requested your approval of the plans . Based on your comments at the time, I have had revised drawings prepared by Mr. Cecil Crowe of Alpha Engineering in Ft. Lupton. These drawings show that the liner of the ponds will not be affected by the construction and that riprap will be placed at the bottom of the chute where drilling mud will be discharged. The drilling mud will not erode the liner of Pond A with this arrangement. As I told you when we talked, Mr. Duckworth is interested in beginning construction of the improvements as soon as he can. If these plans are satisfactory, please indicate approval of the plans by signing this letter and my letter of July 12 . Return one copy to me and retain one copy for your files . Thank you for your consideration. Sincerely, Che and Associates, Inc. John E. Hawley, Ph.D. Environmental Manage Approved By Mr. Wes Potter, Director Environmental/Laboratory Services Weld County Health Department 96 South Zuni Casper Cher Associates Denver, Colorado 80223 Cheyenne Consulting Geotechnical Engineers 303/744-7105 Colorado Springs Glenwood Springs Rock Springs Salt Lake City July 26 , 1984 Mr. Wes Potter, Director Environmental/Laboratory Services Weld County Health Department 1516 Hospital Road Greeley, CO 80631 Dear Mr. Potter: Several weeks ago you approved the construction of an evaporation system to be installed at the Weld County Disposal facility. The evaporation system was designed to float on the surface of Pond C and would involve considerable expense for construction materials and labor. After reviewing the options, I have recommended to Mr. Duckworth that he install an irrigation gun similar to the one described in the attached literature to accomplish the evap- oration. By using the irrigation gun, Mr. Duckworth will be able to experiment with the evaporation system without having to make a large initial investment of capital. The irrigation gun will be placed on the bank of Pond C and will be directed toward the center of the pond. In order to protect the pond liner from possible erosion due to impina- ment of droplets , a canvas skirt will be placed around the pond perimeter where droplets may impinge. The gun will be fed by a PTO pump also placed on the pond bank. The pump intake will be floated on the water surface so that there will be no potential for erosion of the pond liner due to currents at the intake. If this arrangement is acceptable to the Weld County Health Department, please indicate approval by signing this letter and returning it to me. Mr. Duckworth is interested in installing this equipment as soon as possible to take advantage of the increased evaporation during the remainder of the summer. If you have any questions , do not hesitate to contact me. Thank you for your consideration. Sincerely, Chen and Associates , Inc. (27//t.".._ /642/4"/ John E. Hawley, Ph. . Environmental Mana er Approved: Mr. Wes Potter, Director _ Environmental/Laboratory Services Weld County Health Department chen and associates CONSULTING GEOTECHNICAL ENGINEERS 96 SOUTH ZUNI STREET•DENVER,COLORADO 80223•303/744.7105 June 22, 1984 Mr. Wes Potter, Director Environmental/Laboratory Services Weld County Health Department 1516 Hospital Road Greeley, CO 80631 Dear Mr. Potter: I am writing on behalf of Mr. Howard Duckworth, owner of Weld County Disposal, Inc., to provide you with plans to construct an aeration system to increase evaporation from the surface of Pond C at the brine disposal facility. Enclosed is a drawing of the system designed by Mr. Cecil Crow of Alpha Engineering in Fort Lupton. Mr. Crow has estimated that evaporation rates will be increased by approximately 2,700 barrels per day during the summer months. If this design is acceptable to the Weld County Health Department, then Mr. Duckworth will proceed to hire a contractor to construct the system. Please indicate acceptance of the design by signing each copy of this letter. Return one copy to me and retain one copy for your files. Thank you for your consideration. If you have any questions, do not hesitate to contact me at you convenience. Sincerely, CHEN & ASSOCIATES, INC. By 2/./.1.... / JE. Hawley, Ph.D. OA Environmental Manager Approved By Mr. Wes tter, Director Environmental/Laboratory Services ^d��,— Weld County Health Department rT.!), JEH:gr JUN 27 1984 Encl. �!cW Co. Planning Curridniu OFFICES: CASPER • COLORADO SPRINGS • GLENWOOD SPRINGS • SALT LAKE CITY (4Chen&Assoc �s 96 South Zuni Casper Denver, Colorado 81 Colorado Springs Consulting Geotechnical E„y,,,�ars 303/744-7105 Glenwood Springs Salt Lake City June 12, 1984 Mr. Rod Allison Current Planner II Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Allison: Mr. Howard Duckworth, owner of Weld County Disposal, has asked me to write you a letter describing the actions that he is in the process of imple- menting to comply with the Development Standards you referred to in your letter of June 11, 1984. Referring to Items 4, 10, and 11 of the Development Standards set forth in SUP-454:80:44; these are being answered in the 11 standards contained in the operation and maintenence agreement previously signed by Mr. Guy Harvey and accepted by Dr. Ralph Wboley, Director of the Weld County Health Department. Development Standard 4 is addressed by compliance with the standards for operation and maintenance of the facility as this letter describes. Develop- ment Standard 10 is answered in Item 2 of this response. Development Standard 11 is answered in Item 1. Concerning the individual items contained in Mr. Harvey's letter, I will provide a description of the actions to be taken and the estimated time required for completion. These items are as follows: (1) A pond level monitoring device has been installed, but better ones will be installed in Ponds C and D. I will meet with Wes Potter to discuss the design of these devices. (2) Chen & Associates is in the process of installing additional monitoring wells and will have more than six wells when installation is completed. I have shown Wes Potter the plans for installation and Wes told me that he was in agreement with the program. These wells will be installed by July 1, 1984. (3) We have not been monitoring evaporation rates, but will begin to do so under my direction immediately. (4) Mr. Duckworth is in the process of closing the skimming pond, but has not completed the job yet. F & F is on the site today, taking out all cable wire, wire mesh, and steel with a D-Cat Bulldozer. Completion date for Mr. Rod Allison June 12, 1984 Page 2 steel removal is estimated to be June 18. DaveCo Oil is removing oil from the surface of the ponds and should also complete oil removal by June 18. The pond will be completely backfilled and closed by June 25, 1984. (5) The oil skimming facility has been constructed and has been operational since October, 1983. This activity has been completed according to the terms of the July 23 letter, but Mr. Duckworth has also agreed to pour a concrete pad around the entire brine pit area to reduce the potential for groundwater contamination due to brine and oil spills. wE,A0 cecda (6) The use of an oil contaminent buoy or ballast has been in place for the skimming of accumulated oil on Pond D since Mr. Duckworth has owned Weld County Disposal. This contaminent has served its purpose, but we propose to upgrade the performance of the oil skimming process by, not only containing excess oil within the buoy, but also by providing an Acme Floating Saucer Skimmer which will continuously skim excess oil daily to be pumped into an oil containment tank. A description of the buoy and skimmer device is attached. w1,071-11 cL,; , o«,N,C- ,- (7) An improved spillway containing riprap has been constructed. No evidence of erosion of the dike or liner is apparent. (8) As of today, Chen & Associates has not done any test work to determine whether Pond A's existing liner is inoperable. However, Mr. Duckworth has not, and will not, use Pond A until a determination of the integrity of the liner is assured. (1) At the present time, Gary Kennedy, the on-site Manager of Weld County Disposal, is using a log book to record and maintain accurate and permanent records of pond levels. However, I will work with Gary and Wes Potter to establish and implement a procedure for maintaining accurate water balance calculations,, 1.1e21 17r0144 �d�- ' a f4# //ref ! VI-C;"\ -t - . fl�f-.'(.r. �U (2) Mr. Duckworth has retained Chen & Associates, Inc. to assist with the implementation of a groundwater monitoring program. Attached is a copy of the proposal that Mr. Duckworth and Wes Potter have accepted. (3) Mr. Duckwoth has a local manager, Gary Kennedy, who maintains the facility and oversees the skimming of incoming oil. He has been monitor- ing the freeboard requirements and has not been using any leaking ponds. Je/ ( Cp<rn4 r� Thus, of the 11 items specified in Mr. Harvey's letter of July 23, 1983, Mr. Duckworth has completed seven of the required actions and has four other items in progress. Chen&Associates Mr. Rod Allison June 12, 1984 Page 3 I hope this letter assists you in evaluating the prcgress being made at Weld County Disposal. Should you have any questions concerning this letter, do not hesitate to contact me or Mr. Duckworth at your convenience. Sincerely, Chen & Associates, Inc. By A44Adil John E. Hawley, Ph.D. Environmental Manage JEH/moc cc: Duckworth Properties, Inc. Attn: Mr. Howard Duckworth Weld County Health Department Attn: Dr. Ralph hboley, M.D. Weld County Health Department Attn: Mr. Wes Potter Matthews & Branscanb Attn: Mr. Charles J. Muller, III Weld County Commissioner Mr. Gene R. Brantner Weld County Attorney Mr. Lee D. Morrison Chen&Associates f\ltila DEPARTMENT OF PLANNING SERVICES ff 1• 11; PHONE(303)356.4000 EXT.400 915 10th STREET GREELEY,COLORADO 80631 ! '1 ' 1 ) iiO April 12, 1984 I .t COLORADO Alpha Engineering P.O. Box 392 617 5th Street Fort Lupton, Colorado 80621 Re: Proposed amendments to the Weld County Disposal site: SUP-454 Dear Mr. Crowe: The Department of Planning Services staff has reviewed your letter dated March 12, 1984, and attached plan detail concerning recovery tanks. The Planning Staff does not feel your proposal is a material deviation from the plans or development standards as approved by the Board of County Commissioners on April 22, 1981. The temporary tanks shall be removed from the Special Use Permit area once the new tanks are in place. Sincerely, /' - '6-(4'— ' Rod Allison Current Planner II RA:rg cc: Wes Potter, Director of Environmental Health Laboratory Services DENVER “04 •v.• 573-5186 d `C 867-2308 En it in eerie 1 P.O BOX 392 617 5T" STREET FORT LUPTON COLORADO. 8O621 March 12, 1984 Roanld K. Stow Environmental Health Director Weld County Health Department 1516 Hospital Road Greeley, Colorado 80631 Dear Mr. Stow: The attached plan shows the proposed work to be done at the Weld County Disposal Site; Section 12, T1N, R66W, Weld County, Colorado. It is proposed to set some temporary tanks at the - south end of the present sump until the concrete cures under the new tank location so that dumping can continue . Please notify me by letter if this plan meets with your approval so that construction can begin. Yours truly, LC ✓f I C 2 c .-, t Cecil R. Crowe P .E . & L.S . 12330 T, b,,,,,,,r.,7;.,,,,Ri-\',,'75-1-q L!_ ___ __--- '!c{d Co, Nannirtg CniT1 iSSiOf t4i, DEPARTMENT OF HEALTH •�� pq PHONE(3031 35 i w..g. 1516 HOSPITAL ROAD GREELEY. COLORADO 80631 Osj t3; tF 1. ' COLORADO February 2, 1984 Certified #P26 0260172 Howard Duckworth c/o Duckworth Properties, Inc. 6243 IH, Suite 870 San Antonio, Texas 76201 Dear Mr. Duckworth: A field visit on February 1, 1984 by Wes Potter, Specialist with the Weld County Health Department's Environmental Health Services Division, revealed numerous violations of the Special Use Permit extended by the Weld County Board of Commissioners. These include: 1. Copious oil on all evaporation ponds 2. Improper use of the provided skim facility. The skim tanks were completely by-passed and fluid was being pumped directly to the evaporation ponds. 3. Extensive surface spillage was present throughout the facility. 4. No daily records of amount of fluid received have been kept. 5. No daily record of pond levels have been kept. 6. Oil was present on the ground surface where Frac-gel was previously dumped. 7. High chloride levels (11,400 ppm) in the Frac fluids being dumped indicate high concentrations of brine waste on the ground. 8. The fluid discharge outlet from the skim facility was not properly positioned so as to flow onto the rip-rap pile in the evaporation ponds. 9. Some fluids appear to have been inappropriately discharged into Pond A. Please be advised that I consider these violations to be significant and warrant immediate action. Actions to correct the above-noticed conditions must be completed within five (5) days of the receipt of this letter. I consider previous agreements regarding this facility to still be in force. I have included copies of these letters of agreement and other pertinent information with this notice. I am confident that you are willing to cooperate in taking appropriate action to correct these problems. You are also reminded that any physical change of equipment or alter- ation of the facility must be designed by a licensed engineer and reviewed and approved by the county. Sincerely, �, )_ - ' 1. I- `> - 1 -1-,,- -.1 Ralph RI. Wooley, M.D. , Director Weld County Health Department RRU/br Enclosures cc: Norm Carlson, Chairman, Board of Commissioners Lee Morrison, Assistant County Attorney Ron Stow, Environmental Health Services Director Fr 3 31984 Weld Co. Planning Commission • DEPARTMENT OF HEALTH 114C\ PHONE(303)353.0540 1516 HOSPITAL ROAD GREELEY,COLORADO 80631 WII'k COLORADO July 27, 1983 Guy Harvey, Owner and President Weld County Disposal , Inc. 4982 Weld County Road 35 Fort Lupton, CO 80621 Dear Guy: Our staff has evaluated your letters of July 23, 1983, in which you agreed to specific conditions and procedures for reopening and operating the Weld Disposal brine water site. Based upon available evidence regarding the facility and the liners of Ponds C and D, we approve your reopening the facility for operation using these two ponds for disposal . The volume received at the site will be predicated upon the evaporation from the pond surface and filling to pond capacity. The hearing scheduled for September 7, 1983, will be held before the Board of County Commissioners to review the case. Further action on the case will be determined at that time. If you have any further questions, please contact our department. Sincerely, lieuildX4;:///47",/- Ronald K. Stow, Director Environmental Health Services cc: Weld County Commissioners Dr. Ralph Wooley, Director, WCHD Lee Morrison , Assistant County Attorney Tom Quammen, Assistant District Attorney Rod Allison, Weld County Planning mmoRnn DU W(11;i1Iik To Weld County Health Department Date July 14, 1983 (Ron Stow and Wes Potter) COLORADO From Rod Allison, Current Planner II Subject: Meeting on Weld County Disposal, Inc. NOT FOR PUBLIC REVIEW: There will be a meeting on Weld County Disposal at 9:30 a.m. on Friday, July 22, 1983, in the Weld County Planning Department Library. AGENDA I. Review and discuss evidence on Weld County Disposal, Inc., violations; II. Summarize the position of the owners, including their willing- ness to correct problems at the site; III. Discuss possible alternative courses of action on violation case; IV. Select a course of action; A. Discuss assignments relative to course of action B. Make assignments. V. Open discussion on violation case. RA:rg cc: Lee Morrison, Assistant County Attorney Tom Quammen, Assistant District Attorney `ate 6 l�lscA! 1 Golder Associates CONSULTING GEOTECHNICAL AND MINING ENGINEERS �� July 5, 1983 l <'.j�f� Mr. Lee Morrison Q?77, `96'� Assistant County Attorney t4 Weld County 00�, Centennial Center `tpi®� 915 10th Street Greeley, CO 80631 Dear Mr. Morrison: On June 30, 1983 , a meeting was held in Greeley, Colorado between representatives of Weld County and Weld County Disposal , Inc. In attendance were the following individuals: Dr. Ralph Wooley Weld County Health Department Ron Stow Weld County Health Department Wes Potter Weld County Health Department Rod Allison Weld County Planning Department Thomas Quammen Weld County District Attorney Lee Morrison Assistant County Attorney Guy Harvey Weld County Disposal , Inc. Andy Hulm Weld County Disposal, Inc. Michael Cowell Golder Associates Mary Beth Chodil Attorney for Weld County Disposal , Inc. Dan Melchior Geochemical Consultant The purpose of the meeting was to discuss reopening the site for brine water disposal on July 1 , 1983 per the request of Mr. Guy Harvey. As a result of the meeting, Weld County agreed to make a decision on opening the site within 10 days of their receipt of a letter from Weld County Disposal, Inc. outlining their plans for reopening and evaluating areas of concern at the site. It was agreed that the plan would include proposed actions for evaluating the following: o The liner in Pond A. o The ground water quality at , and adjacent to, the site. o A monitoring program for Pond C from which a water balance can be made. o A skimming procedure to minimize the oil within Pond C. These items are discussed in the following sections. GOLDER ASSOCIATES,INC •12345 W.ALAMEDA PARKWAY,LAKEWOOD(DENVER),COLORADO 80228,U.S A •TELEPHONE(303)989-3800•TELEX 45-0911 OFFICES IN UNITED STATES•CANADA•UNITED KINGDOM•AUSTRALIA J July 5 , 1983 2 833-2053 1. 0 Reopening Plans Weld County Disposal , Inc. proposes to dispose of brine wastes in Ponds C and D until Pond A is repaired (see attached Figure 1) . Brine waters will be pumped from the concrete sump to Pond C. In the areas where water is discharged into Pond C, provisions will be made to prevent erosion, by placing large gravels or riprap at the point of discharge. Pond C will also be monitored as discussed in Section 4 to determine if seepage is occurring through the pond liner. 2. 0 Evaluation of Pond A Liner Previous concerns expressed by the Weld County Health Department centered around the integrity of the Pond A liner. In response to these concerns, Weld County Disposal , Inc. has drained Pond A (pumping began 6/16/83) and proposes to evaluate the liner as follows: o The exposed pond bottom and slopes will be inspected for signs of erosion, piping and seepage. These areas will be identified on a plan map for future repairs. o A minimum of 10 undisturbed samples of the liner will be taken for laboratory testing. o Laboratory tests will be performed on the liner to evaluate its integrity from a qualitative and quantitative perspective. Qualitative testing will include X-ray diffraction analyses of selected samples. Results of this testing will provide insight into any mineralogical changes occurring within the liner that could affect its permeability. Quantitative testing will include unit weight, classification, dispersivity and permeability testing. The unit weight and classification tests are necessary to compare this data with that obtained at the time the liner was originally placed. Dispersivity and permeability tests will provide data from which the stability and seepage characteristics of the liner and the compatibility of the brine waters with the liner can be evaluated. These tests will be run with both distilled and brine waters. Based on this data, recommendations for liner repair will be made. Golder Associates July 5 , 1983 3 833-2053 3. 0 Ground Water Quality Evaluation The on and near site ground water quality, direction and estimated gradient of ground water flow, and the quality of individual monitoring wells, as well as the quality of the entire monitoring system will be evaluated. Of primary interest are whether or not the brine ponds are a source of contamination to local wells and what is the integrity of the present ground water monitoring system. To evaluate these items, each monitoring well will be tested to estimate the transmissivity of the strata in which it is placed. The water in each well , both monitoring and off site wells, will be tested for the constitutents in Table 1. In addition, water levels in each well and in the ponds will be referenced to a datum so that the direction and flow of ground waters can be estimated. Based on this data, a report summarizing the findings as to the impact of the brine ponds on local ground waters and the quality of the monitoring system will be made. 4. 0 Monitoring Program for Pond C A monitoring system from which a water balance of Pond C can be calculated will be installed in Pond C. From this system the amount of seepage through the liner (if any) can be estimated. This system will include a Stevens type recorder and stilling basin for monitoring the water level in Pond C, an evaporation pan, rainfall gauges, and gauges to monitor water pumped into and out of the pond. All data will be logged on a daily basis to evaluate the conditions in Pond C. Once sufficient data to evaluate the liner integrity is obtained, recommendations for a permanent monitoring system will be made. 5.0 Skimming Procedures To minimize the presence of oil in Pond C, the following procedures will be taken: o The existing concrete sump will be drained of all oily waste. o The concrete sump consists of two chambers that are connected at the base with a 14 inch valve. Tankers will discharge waters only into the northernmost chamber. Oil within this chamber will then be skimmed and pumped to the on site oil storage tanks. Brine waters will be passed to the second chamber and any oil on top of this chamber will also be skimmed and pumped to the storage tanks. o Brine waters will then be pumped to Pond C. Golder Associates July 5 , 1983 4 833-2053 It should be realized that there will always be some oil in suspension that will still be transferred to the Pond. This oil may take from several days to several weeks to come out of suspension and rise to the pond surface. To account for this, a vacuum truck will be used as necessary to remove oil from the pond after it comes out of suspension. To summarize, Weld County Disposal, Inc. requests permission to open Pond C and D for disposal of brine waters. To this end, we have proposed a plan of action for reopening the site, for monitoring the integrity of Pond C and for evaluating the liner in Pond A and the ground water quality within the site vicinity as you have requested, We believe this to be a sound plan of action since there is presently no definitive evidence that Pond C is leaking. It has been inferred that Pond C is the source of the poor quality water in the Trostel well east of the site. However, the contamination in this well could come from a variety of sources including the old unlined brine pond (Pond B) , fertilizer, livestock, etc. Therefore, we believe opening Pond C and D at this time to be a reasonable action to to undertake. We look forward to your approval for both reopening the facility and the plan we have proposed. Should you have any questions regarding any items in this document , please contact the undersigned. Sincerely, /LA, GOLDS SSOCIATES Michael J. Cowell Senior Engineer itaj (1. A/ co/ Ronald E. Versaw Associate MJC/REV/ks cc: Dr. Ralph Wooley Ron Stow Rod Allison Guy Harvey Mary Beth Chodil D/397 Golder Associates '-4 July 5 , 1983 5 833-2053 TABLE 1: Constitutents to be Analyzed Field Tests Conductivity PH Eh Dissolved Oxygen Lab Tests Sodium Potassium Calcium Magnesium Strontium Chloride Bromide Sulfate Nitrates Bisulphide Bicarbonate Phosphates Oil and grease TDS - Total Dissolved Total Alkalinity Golder Associates SITE PLAN Figure I 4 I. SCARP■MT 0• O- S.M.-N.W.CORNER SECTION 1!.T.11L.R.S$W- ,Q/ASSUMED ELEVATION-100.0 FEET ddd►►► J __ COUNTY ROAD IS MW-! RESIDENCE 000 STORAGE TANKS WATER LEVEL AT TIME OF __ INSTALLATION OF WELLS I r...1 _e MW-S AND MW-7. MW-' SCREENED '�Y_- SETPLEMENT I POND x CONCRETE' x-xJ SUMP I POND c POND a (toned) (unlined) FOMO 0 WAS MAID VITN SOW Mw1-a tirtAw[01 TWA TN[7 T OF TMMI OTY�T. • POND A (lined) 1 MW-4 + •.O.4'. ow POND D (lined) MW-f EMERGENCY OVERFLOW DIRE Reference: Map taken from Chen and Associates report to Weld County Disposal, Inc. dated May, 1983 Golder Associates 6/3j a/4L (aimee._ dcti.cg 6Oa, Dah MeG � r0r GeoGiernicQl Coksul w+ 7-1 AiSY° We id ec. getig -Vii` �; (r) 1 I ? / I / zy, c,. //;45ze_7zZ7 4 7/1OM Qs /41i i r h l{//07 Co e/tS7ii /41/7` 1):,6__,-----1 Harvey Truck & Equipment Phone 806/665-1684 226 Price Road P. 0. Box 897 PAMPA, TEXAS 79065 O June 24, 1983 '� 9 3 .:/ ),/\ s L4>r<k)(peti) Weld County Commissioners eo ?9� 915 10th Street 4,P1 `'� Greeley, CO 80631 VCo 0 . Re : Weld County Disposal, Inc. Fort Lupton, CO Ladies and Gentlemen: Since the first of June, 1983, Weld County Disposal, Inc. has emptied Pit A. Pit C was checked for six days and nights with evaporation of approximately less than 1-1/2 inches. Accord- ing to the Denver weather news, the evaporation was that much. On the first of July, 1983, Weld County Disposal, Inc. requests to be reopened for business. Pit A will not be used until engineers and the Weld County Health Department has finished checking the liner. Water from oilfield will be pumped into Pit C. Yours truly, WELD COUNTY DISPOSAL, INC.7/2"4".Guy H vey, Pre dent GH:SB f N DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 E[iDa. COLORADO June 7, 1983 Mr. Scott H. Winters Colorado Department of Health Waste Management Division 4210 East 11th Avenue Denver, CO 80220 Re: Probable Cause Hearing For Weld County Disposal Dear Scott: Enclosed please find a copy of the Resolution approving continuance of the above referenced show cause hearing until September 7, 1983. If you should have any questions on this, please give me a call. Sincerely, /70-12Q/401,- • Rod Allison Planner II RA:dg Encls. DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WIApril 18, 1983 ' Re COLORADO Mr. S. B. Parks Chemical Engineering, Inc. 3131 Blue Lake Circle Suite 158 Dallas, Texas 75234 RE: 454:80:44 - Development Standards #9; 10; and 13. Dear Mr. Parks: Enclosed please find a copy of the recorded plat for Case #454:80:44. The Development Standards associated with case approval are listed on the plat. Also, I am enclosing copies of all correspondence presented at the probable cause hearing on April 11, 1983. This includes the letters requested as well as the Development Standards, as listed on the recorded plat. In our phone conservation, you indicated the desire to arrange a meet- ing. At the present time, Friday, the 29th of April, 1983, is clear. Please call and confirm a time if you would like to conduct additional discussions. Sincerely, Rod Allison Current Planner II RA:rg Enclosures Probable Cause Hearing Weld County Disposal, Inc. Part of the NW4 NW14, Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado. Determine if the property owner/operator is in compliance with SUP-454 Development Standards #9; 10; and 13 regarding: - Evidence that emergency evaporation pond "B" was lined with bentonite or other impervious material as per State and County Health Department guidelines; - Required number of monitoring wells; - Routine skimming of oil from the evaporation ponds, specifically pond "A"; - Maintenance of proper freeboard requirements in all evapora- tion ponds. 4-22-81 SUP-454 approved by the Board of County Commissioners as amendment to SUP-396; 8-20-82 Meeting with representatives of the property owner, Weld County Health Department, Colorado Department of Health, Waste Manage- ment Division and the Department of Planning Services to discuss noncompliance of Development Standards approved with SUP-454. 8-25-82 Letter from James W. Smith, Attorney, Weld County Disposal, Inc., to Scott Winters describing actions to be taken to bring facility into compliance. 11-5-82 Letter from Scott Winters to K. L. Kyle, President of Weld County Disposal, Inc. requesting information on the status of items discussed at the August 20, 1932, meeting. 11-15-82 Letter from James W. Smith, Attorney, Weld County Disposal, Inc. to Scott Winters explaining current status of actions taken to bring facility into compliance. 12-14-82 Letter from Kenneth Waesche, Director, Waste Management Division, Colorado Department of Health to the Department of Planning Services regarding progress of Weld County Disposal, Inc. to comply with SUP-454 Development Standards. 1-12-83 Field Check of facility by Chuck Cunliffe and Ron Stow. Facility still not in compliance. Pictures taken. No contact with operator made. 3-18-83 Notice of "Probable Cause" hearing scheduled for April 11, 1983, sent Certified Mail to property owner. i, •SENDER:Complete items 1,2,3,and 4. al •SENDER:Complete items 1,2,3,and 4. Add your address in the"RETURN TO"space Add your address in the"RETURN TO"space n on reverse. on revere. _ W (CONSULT POSTMASTER FOR FEES) (CONSULT POSTMASTER FOR FEES) i1.The following service is requested(check one). i i.The following service is requested(check one). f Show to whom and date delivered _Q f2 Show to whom and date delivered —IP O Show to whom,date,and address of delivery.. 0 Show to whom,date,and address of delivery.. 2.❑ RESTRICTED DELIVERY _¢ 2.❑ RESTRICTED DELIVERY —(l (The restricted delivery fee is charged in addition to (The restricted delivery fee is charged in addition to the return receipt fee.) the return receipt fee.) TOTAL a$ TOTAL $ 3.ARTICLE ADDRESSED TO: 3.ARTICLE ADDRESSED TO: 37 Mr. Guy A. Harvey Guy A. Harvey P.O. Box 897 cn 2 Q P.O. Box 897 1 Pampa, Texas 70965 ,-1:1 al Pampa, Texas 70965 Slrn 9 4.TYPE OF SERVICE: ARTICLE NUMBER b 1. TYPE QF SERVICE: ARTICLE NUA78ER In M O REGISTEREDRI REGISTERED O INSURED I m O INSURED f°' O ❑coo P 248 7 23 294 � 4 XflcERTIFIED ❑coo P 248 723 297 5' XICERTIFIED ❑EXPRESS MAIL O EXPRESS MAIL I 2 (Always obtain signature of addressee r agent) (Always obtain signature of addresse r agent) I have received the article described abo tg I have received the article described e M SIGNATURE O Addressee� Authorized a ent la la SIGNATUREg 5. ------At.iktco,k, ii,t_E,c_ _ E O Addressee , Authorized agent RI A5A-ticcelA kquite- -e--\.------ DATE OF DELIVERY POS77IARIt to POSTMARK c DATE OF.Lyel.IIERY 41983 31 MAR 2 41983 0 MfA1K 2 6.ADDREtFF'S ADDRESS(Only if requested) - Pyr 6.ADDRESSEE'S ADDRESS(Only if requested) O 0 m m M 7.UNABLE TO DELIVER BECAUSE: 7a.EMPLOYEE'S l'sf 7a.E 7.UNABLE TO DELIVER BECAUSE: PW 'S O INITIALS _ ill ✓ r Chen&Associates Consulting Geotechn cal Engineers 96 South Zuni John E. Hawley, Ph.D. Denver,Colorado 80223 Environmental Manager 303 744-7105 asS_ . . • i .- --p - MIllar_ - N z s: %a. • .. _ _11 I t i . . ` V .l _ r . v y M = .1 . '� f • ' µ 4`...4 'abr. T- e 7116 ',RV • Pl.�' 4 M • so I _ I i , I 1 I r ; ... II I •at _ - - 1 tr :it . it" r • •eiei ` a., _ 4 Y.%!! °� ,h 4 • i fill- • _ y, • L J Hello