The URL can be used to link to this page

Browse Search

Home My WebLink About20080653.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST B AND D's MAINTENANCE/OIL FIELD SERVICES, INC. FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board heard testimony of the Weld County Planning staff, Bethany Salzman and Roger Vigil; the Weld County Health Department, Phil Brewer; and the Fort Lupton Fire Department, Chief Fire Marshall Larry Richardson, and Fire Chief Tiffany,which indicated that Dalvin Ickler and B and D Maintenance/Oil Field Services, Inc., (B and D) has been operating a painting business on property which has not been granted a permit for a Use By Special Review, in a building for which a building permit has not been issued, and which, in its current location and circumstance, presents a fire and health hazard, and WHEREAS, Jack Walker, owner of the property and landlord for B and D, testified that as the property owner, he desired only that his tenant operate lawfully, and that he would support the decisions of the Board, and WHEREAS, the business owner, Dalvin Ickler and his attorney Christopher Ernst, stated B and D would operate in accordance with the Weld County Code, and WHEREAS, after review and consideration, the Board made the following findings based upon the testimony offered: 1. that B and D is operating a painting business; 2. that the current operation of the business constitutes a health hazard, as the Colorado Division of Air Quality Control has not issued an APEN permit; 3. that the Fort Lupton Fire Department considers the operation of the painting business inside the current structure to be a fire hazard; 4. that the building in which the painting operation is currently housed has not been properly permitted under the Weld County Building Code, and is considered inappropriate for its current use; 5. that the operation of a painting business on the current property is a violation of the Weld County Zoning Code; 6. that B and D must submit an application for a Use by Special Review, which must be approved, in order to comply with the provisions of the Weld County Building Code and the Weld County Zoning Code, and that the business should not operate until the application for a USR has been completed,accepted and the plat recorded; and 7. that in order to insure compliance with the Weld County Code, the matter should be referred to the office of Weld County Attorney for immediate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board deems it advisable to refer violation, ZVC08-00049, to the office of the Weld County Attorney for immediate legal action consistent with the findings of this Board. 2008-0653 PL0824 VIOLATIONS - ZCV#0800049 - JACK WALKER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of February, A.D., 2008. BOARD OF COUNTY COMMISSIONERS (" ' as ELD COUNTY, COLORADO fS ATTEST: is_,e"9 f' ;�� 2-- An ""`� • il ' m H. Jerke, Chair Weld County Clerk to the Board a �'� Robert D. /M Pro-Tern BY: " � ` �� C O/ De y Cle to the Boa ( William F. Garcia APPROVED AST FORM: EXCUSED David E. Long unty Attorney I ougl Radem cher Date of signature: 31("1 `o 2008-0653 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Jack Walker Mailing Address: PO Box 164, Brighton, CO 80601 Physical Address: 13550 Granby St Property Owner Attorney: Ted Bendelow Address: 1120 Lincoln St, Ste 1000, Denver, CO 80203 Tenant: B & D Maintenance/Oil Field Services, Inc c/o Dalvin Ickler Mailing Address: PO Box 890, Fort Lupton, CO 80621 Tenant Attorney: Christopher M. Ernst w/MEHAFFY BRUBAKER& ERNST LLC Address: 21 N 15 Av, Ste 290, Brighton, CO 80601 Violation: ZCV08-00049 Address: Legal: Lot A of RE-3949 also known as part of the NW4 of Section 20, T2N, R66W of the 61h P.M., Weld County,Colorado Location: East of and adjacent to Hwy 85 and South of CR 22 North: Agricultural Zoning with multiple USR permits South: Agricultural & Industrial Zoning with multiple permits East: Union Pacific Railroad and Agricultural Zoning with residential uses West: Hwy 85 and Agricultural Zoning with residential uses Parcel Number: 1309-20-2-00-056 Acreage: 5.9 +/-Acres Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections, 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance a Use by Special Review application shall be completed and submitted and a plat recorded pending approval. RECOMMENDATION Due to the following health, safety&welfare concerns, the Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. ► The structure has been `Red Tagged" by the Weld County Department of Building Inspections due to installation of a structure without first obtaining the necessary building permits. ► Due to the highly combustible and flammable paints, the Fort Lupton Fire Department has ordered that painting shall not occur inside the building. D. The Colorado Division of Air Quality Control is requiring that an APEN permit be obtained prior any painting activities. ZCV08-00049 Page 2 ► A Use by Special Review application shall be completed and submitted to the Department of Planning Services and a plat recorded prior to any operation. CASE HISTORY November 26, 2007 Dalvin Ickler came into the SouthWest Office for Planner On-Call. November 30, 2007 Situation brought up at weekly staff meeting. December 5, 2007 On-site inspection conducted and telephone contact with Dalvin Ickler(by Phil Brewer) December 12, 2007 Site visit, Drive-by(by Phil) January 16, 2008 Site visit, Drive-by(by Phil) January 28, 2008 Site visit, Drive-by, Telephone contact with Dalvin Ickler(by Phil) February 1, 2008 Site visit, Drive-by(by Phil) February 4, 2008 On-site inspection conducted (by Laurie Exby). See pictures. February 4, 2008 Dennis Renley(Weld County Department of Building Inspections) and Larry Richardson (Fort Lupton Fire Department)conducted on-site inspections. February 12, 2008 On-site inspection conducted, Telephone Contact with Dalvin Ickler(by Phil) February 13, 2008 Office visit with Dalvin Ickler(Fort Lupton); Telephone Contact with Dalvin Ickler (by Phil) February 15, 2008 Site visit, Drive-by(by Phil) February 19, 2008 Dennis Renley issued a "Stop Work" order. February 19, 2008 Meeting held at the SouthWest Weld Office to discuss the violations. Present: Dalvin Ickler(B & D Maintenance Inc.), Christopher M Ernst(Attorney), Kim Ogle (Planning Manager), Roger Caruso(Planner), Laurie Exby(WCDPH & E), Dennis Renley(Building Inspector)and myself. Letter handed to tenant indicating that the violation case was scheduled before the Board of County Commissioners. February 20, 2008 Letter faxed to property owners' attorney indicating that the violation case was scheduled before the Board of County Commissioners. 0 DEPARTMENT OF PLANNING SERVICES Kite ctCompliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 I Website: WWW.CO.WELD.CO.US C E-mail Address: bsalzman(a�co.weld.co.us O PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 February 19, 2008 WALKER JACK ALLEN PO BOX 164 BRIGHTON, CO 80601 DALVIN ICKLER C/O CHRISTOPHER ERNST, ATTY 21 N 1ST AV BRIGHTON, CO 80601-1637 Subject: ZCV08-00049, Lot A of RE-3949 also known part of the NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Walker and Mr. Ickler: The property referenced above is in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on Monday February 25, 2008, at 9:00 a.m., to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by Special Review." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: It has been brought to the attention of the Weld County Department of Planning Services that the Fort Lupton Fire Protection District has notified the tenant (Dalvin Ickler) of immediate health, safety and welfare concerns due to the highly flammable and toxic conditions associated with the current non-approved operation (including, but not limited to the painting of oil and gas equipment in and/or around the buildings). In order to cancel the above referenced hearing, all painting activities must cease immediately until approval is granted by the Board of County Commissioners through the Use by Special Review process. This hearing will take place in our Hearing Room, located at 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00049 Department of Planning Services Bruce Barker, County Attorney Aft,4 MEMORANDUM TO: Case File, application COLORADO DATE: February 19, 2008 FROM: Kim Ogle, Planning Manager SUBJECT: Pre-Application Meeting prior to submitting an Amendment to USR-1227 or a New USR for a Painting Facility or similar Attendees: Dalvin Ickler—Applicant Christopher Ernst — Mehaffy Brubaker& Ernst LLC, Applicant's Attorney Laurie Exby— Environmental Health Bethany Salzman —Code Compliance Dennis Renley— Building Department Roger Caruso— Planning Kim Ogle — Planning On Tuesday February 19, 2008 an informal discussion took place at the Southwest Weld County Administrative Offices Conference Room regarding the proposed amendment to the ebsting USR-1227 (The legal description is Lot B, Recorded Exemption RE-3949; and part NW4; Section 20, Township 2 North, Range 66 West of the 6'h P.M.) or new USR for the adjoining property (The legal description is Lot A, Recorded Exemption RE-3949; and part NW4; Section 20, Township 2 North, Range 66 West of the 6th P.M.). The property is located East of and adjacent to State Highway 85, 1/4 mile south of Weld County Road 20 and 1/4 mile north of County Road 18.5. Background Information: The applicant Dalvin Ickler with B&D's Maintenance /Oil Field Services Inc. (B&D) and his Attorney Christopher Ernst joined staff to discuss the current situation of the paint facility located on vacant land identified as Lot A of RE-3949. Roger Caruso presented a brief history of the property, including conversations and electronic mailings between the property owners and various referral agencies. Ernst indicated that his office and Ted M. Bendelow of Bendelow Law Firm, P.C represent Jack Walker, property owner of both parcels in question. It was stated that their representation is on different fronts on behalf of Walker. There was discussion on the status of a lease agreement between the Christianson's current leasee of the parcel having the USR and B&D. From discussion it was established that Christianson requested to be let out of their lease, however, the current status of this request is unknown and yet to be confirmed. B&D desires to lease this space to conduct their operations. Ickler indicated that his most recent discussion with Walker held that the USR property would be available May 1, 2008. Caruso indicated that he spoke with Nicki of the Bendelow Law Firm prior to this meeting and was notified that Christianson was not vacating their lease. She also indicated that B&D was on a month to month lease. Ickler and staff discussed several historic and current issues. Caruso indicated that a USR application was required of the applicant in November 2007 to permit from a land use perspective the paint facility. Caruso indicated this discussion was held during the public planner-on-call office hours. Renley indicated that a "Red Tag" — Stop work order was issued on the premises that morning as there had been action taken to rectify the lack of building permits or land use permits for the property. Further discussion was undertaken to address Building Code and related issues associated with the paint structure. By land use code and Building Code, the cargo containers require building permits. Ickler indicated the structures are on skids. Renley stated building permits are required. The temporary paint structure requires engineered drawings, specifications and document's stating the facility is in compliance or can be permitted. Ickler indicated that some of the materials are piecemealed from discarded kits and as such he would have no evidence. Caruso indicated that he corresponded with Paul Carr (303-692-3150), Unit Supervisor, Field Services Section, Colorado Department of Department of Public Health & Environment Air Pollution Control Division will require an APEN —Air Pollution Emission Notice. Ickler indicated that he had submitted an application to Ellen (303-692-3152) of this office on February 14, 2008. The application was accepted and is in process according to Ickler. Caruso indicated that Lany Richardson of the Fort Lupton fire department also has issues with the facility. Ickler indicated that as long as the spraying activity commenced outside of the paint structure, he was in compliance with the Fire District. Exby indicated that Ickler may be in compliance with the Fire District but not in compliance with the State. Ogle inquired about timing. Presently the land is leased and technically vacant with improvements on lands to the North on a separate parcel created through the Recorded Exemption process. Ickler indicated that he may want to purchase the property at a future date uncertain. There was additional discussion on changing the zoning from A -Agricultural to Industrial and would there be staff support for this application. Ogle indicated that the change of zoning would likely be acceptable to staff, however, evidence of public water and sanitary would be a requirement of the application. Ogle inquired from Renley what the issues may include for the proposal: Ignition sources, requirement of fire suppression, alternative means of egress, building permits, engineered drawings, lighting, et cetera Building permits required for cargo containers and all new structures Ogle inquired from Exby what the issues may include for the proposal: APEN from State— Ickler indicated initial application 12/4, second submittal 2/14 After the fact, Salzman determined that State has the right to fine at 15,000./day Diesel Tank and Berm for containment required, Colorado Department of Labor Noise—limited to 80dB Dust suppression MSDS Cut Sheets for review Water and Sewer requirements Access will be from County Road 20 a local road maintained by County across Lot B of RE-3949 to the adjacent southern parcel that is leased by B&D. There is concem about the dust and lack of a suitable base. Environmental Health will require a dust abatement plan. Ernst speculated that a water truck could occasionally spray. Ickler indicated that dust is an issue with painting operations and it is to their benefit to control this nuisance condition. There was additional discussion on accessing the property from the south across lands owned by Conoco Oil Company. Ickler indicated that he has had discussions with this owner with positive results. Water and an ISDS system are not presently on site and will be required. An option is to utilize the lavatory in the metal skinned building associated With the Tote-a-Shed (Christianson) facility to the North. Ernst and Salzman indicated this is not a viable option. Other referral agencies— Fire Department Fire Suppression Fire Boys — UL Certificate Painting in building requires a permit, drying of painted structures does not require permitting. Richardson, according to Ickler indicated this was acceptable. To facilitate movement forward from this point, Ogle suggested that the applicant meet with the Board of County Commissioners to discuss the available options, specifically addressing the temporary use of the paint booth, the temporary location of the facility on land without improvements, and how to proceed to gain compliance with all regulatory agencies. Salzman provided Ernst with a letter dated February 19, 2008 addressing the violations on the property and the scheduled Board of County Commissioners hearing information. End memorandum. B & D COMPRESSOR PAINTING OPERATION HWY 85 CR 18 February 4, 2008 Photo 298 B&D employees preparing to paint compressor at location adjacent to Tota- A-Shed location. Portable toilet and diesel generator in background. North opening to makeshift paint booth covered with blue tarp. Photo 299 - B&D employees checking recently painted compressor to determine if paint is dry. Approximately 15 minutes after completing the painting process. Photo 300 - B&D facility is a dirt site with minimal ground cover. No evidence of spills or soil staining was observed on this date. Photo 301 —Unpainted compressors arrive by truck, cleaned and ready for paint. Makeshift paint booth constructed from 2 cargo storage boxes with a blue tarp roof stretched between them. No painting was being conducted inside makeshift booth per Larry Richardson, Ft. Lupton Fire Marshall. Units were held inside, warmed then moved outside to be painted(according to Dalvin Ickler). Laurie Exby Environmental Health Specialist 13038576619 Fort Lupton Fire Prot Dist 1710:05 02-15-2008 115 Ft. Lu•to i _A ti fort Lupton Fire Protection District /si!�; 1121 'Denver Ave. Emergency 911 ,� Fort Lupton, CO 80621 Office 303-857-4603 FARE DEpt `fax 303-857-6619 / faxTransmittal 'This Message consists of 1 sheets fof(owing this cover letter. Should any portion of this message 6e receive(poorly, contact the sentfer by voice at(303)857-4603. 91.`1'19t( kO e am' S v From (, .4 tee y Gl !CeesteAS o 'Date -/J — UR yax# 92c — 30V— t cc9�' Message: 13038:576619 Fort Lupton Fire Prot Dist 17:10:48 02-15-2008 3/5 that Dalvin insisted this building was. I told Dalvin not to paint inside the building and Dennis & I left at 12:10. February 5, 2008 I called Phil Brewer with the Weld County Health Department and asked him if he had approved the air quality at B & D's paint site. Phil said no he had not and he was meeting with the State Pollution Control to see if the paint fumes were violating the pollution standards. Phil said he would let me know what he finds out. I called Dennis Renly and he had not received the information. I received a call from Randy from Valley Fire Extinguisher and was told that he could not put a fire suppression system in because there was no supporting beams in the structures roof and that there was no way to install an automatic shut down for the electric system, which will not meet code. February 6, 2008 I went back out to the paint booth site with Captain Taw Tamlin with our department and found they were painting the separators in side the structure. Dalvin showed up a short time later with 2 more oil separators and I told him once again he could not paint them inside this structure without a fire suppression system. They moved them back outside and I told him if I caught him again I would post a Work Stop Order on the structure and will start the process to have him cited for a fire code violation. February 7, 2008 I received a call from Randy with Valley Fire Extinguisher who said he was going to fax me a design for an automatic spot protection system which consists of vertical upright canisters. This system is not a UL approved system and is intended to be used in small type spot operations only. After receiving the fax and reviewing it I could not approve it. I drove back to the paint booth site and informed Dalvin that I would not approve the suppression system. 13038576619 Fort Lupton Fire Prot Dist 17':11:52 02-15-2005 5/5 February 15, 2008 I received a call from Roger Caruso with the Weld County Planning Department at 2:30 P.M. about what he had told Dalven. Roger said he did not tell Dalven that it was OK to paint in the paint booth without going through the proper channels, RE: Fire Department, Building Department, Health Department. Dalven had told all the other people with their departments that each one had said it was OK to paint. Larry Richardson Fort Lupton fire Protection District Fire Marshal d , t 6 ci E k-- ....,:k z T ` S J - C� , E w w ~ U u.LL - � o�O�� 0 3 E cY � H p Y Q o • y Z O .E {� i o CI Q >U U n 0'S °' ,R 0 oT U `a ej S z za° xlit A -J t— cS �1 d '> it O 2 V\- LL m Z I Z F ,z1 'e ,‘ di --:Lity � (3 > v `�� W � � w Qla5 C EH i --Cw a N ca � � 0 \ C' ` .' \�0 ._ = Z 5' '� P /OO ` YJ O e�q l (•\() -\ S- _E1 cis- - p . /I 7 V M c M • Ii inco ‘O r (J ' e i O in M00 C N.- LC) a• '.O . i N N ..O N N 11 V M 7 v M M M M U I O O O O M M M M 1 , L C . r6 L/1 C -� O CO J , L Lt_ Cr) LIl t O x• co O A '" U w if) .o In •.0 N. CO . U c C ^ N. y O — O N O N 2 M in f'7 Ln C s O N N O i -I • 4_, t L 0 O O O C I p 4-11---- 4-+ N L LL- cp- a. a, f 4j' o i Q. L L i l� i. a� x tt it' om . �� c x 02 1116Thtil"'6 DEPARTMENT OF PLANNING SERVICES Code Compliance Division WIWD \q 918 10th Street, Greeley, CO 80631 C. `�' (7 Phone: (970) 353-6100, Ext. 3540 Fax: .(970) 304-6498 COLORADO • ZONING and/or BUIL ING CO - COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT Q Staff/Name: 0 Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(if(mown): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(tf known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: a C$ Pending Case#(i.e.USR,RE, SE,ect...): �n Rldvi13 Legal Description: �} A Gtr R -&W% t•1 cc SZOT a IJ Parcel#: I 'o1O'Ot"co'croto Violation Address: 22 NN 4 ;yam �l (D c&zo Property Owners Name: `A1 SY-ccI 1+ Phone: ?ip '$5-1" 1� Property Owners Address:I:CT:DX 11.44' ?titian) U) %DODN Tenant's Name: �/I f1 S C�i�Zlr Phone: 4-ia.—)De-1 15a M Tenant's Address: NATURE OF COMPLAINT: 6rnNV -1 3-V 1-0731 C1 st 3-( A 0152 (cat) a�w Additional Notes: 'l G Page 1 of 2 Westlaw Delivery Summary Report for SALZMAN,BETHANY 3938532 Your Search: CN(B &D)& ST,PV(CO) Date/Time of Request: Thursday,February 21, 2008 08:36 Mountain Client Identifier: B&D Database: BUSFIND-ALL Lines: 25 Documents: 1 Images: 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson,West and their affiliates. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Split... 2/21/2008 Page 2 of 2 Hi BUSINESS FINDER RECORD Information Current Through: 12-13-2007 Database Last Updated: 01-18-2008 Update Frequency: Monthly Current Date: 02/21/2008 Source: Data by InfoUSA, Copyright 2008,All Rights Reserved. COMPANY INFORMATION Business Name: B&D MAINTENANCE INC Business Address: PO BOX 890 FORT LUPTON, CO 80621-0890 B010 Phone: 303-857-1953 County: WELD Primary SIC: 138905 OIL FIELD SERVICE Organization: FIRM Sales from Location: $1,000 TO 2,499 Employees at Location: 5 TO 9 Population of Area: 1 TO 24,999 Ad Size: REGULAR LISTING NAME INFORMATION Contact for Location: DALVIN ICKLER Title: OWNER END OF DOCUMENT © 2008 Thomson/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Split... 2/21/2008 • HIED 11111 11111 III 11111111 I I I I EMIR III 1111111111111 3504944 09/18/2007 02:02P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder 9% QUIT CLAIM DEED THIS DEED is made and delivered this . day of September, 2007, by and between JACK ALLEN WALKER,of the County of Adams,State of Colorado,Grantor,and JACK ALLEN WALKER and KRISTI WALKER, in joint tenancy, whose address is 13550 Granby Street, Brighton, Colorado 80601,Grantee. WITNESSETH,that the Grantor,for and in consideration of the sum of One and No/100ths Dollars($1.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,has remised,released,sold,conveyed,transferred and QUIT CLAIMED,and by these presents does remise,release,sell,convey,transfer and QUIT CLAIM unto the Grantee,his successors and assigns,forever,all the Grantor's right,title,interest,claim and demand,and which the Grantor has or had in and to the real property,together with improvements, situated, lying and being in the County of Weld and State of Colorado, described as follows: Legal description attached hereto as Exhibit"A"and incorporated herein by this reference. Commonly known as: 13066 Weld County Road 20,Fort Lupton, CO 80621 Assessor's Parcel No.: 130920200056 and 130920200057 TO HAVE AND TO HOLD the same, together with all and singular the improvements, appurtenances and privileges thereunto belonging or in any way thereunto appertaining,and all the estate,right, title,interest, claim and demand whatsoever of the Grantor, either in law or equity, to and for the sole use and benefit of the Grantee, his heirs and assigns forever. IN WITNESS WHEREOF,The Grantor has executed this deed on the date set forth above. Jac Iker STATE OF COLORADO ) ) ss COUNTY OF ADAMS ) nk- Subscribed and sworn to before me this j2 day of September, 2007, by Jack Allen Walker, Grantor. Witness my hand and official seal. My Commission expires: $ • 1.1.-- OS t"'r '"terA Fq Notary Public A ,2N wlux reco+dn,( rp{u .gyp: ;-4 MEHAFFY BRUBAKER & ERNST? LLC r, /18 ATTORNEYS AND COUNSELORS AT LAW : ^,�\,....., ii- ( 21 NORTH I ST AVENUE, SUITE 290 BRIGHTON, CO 80601 1111111 11111 111111II111111111 !III 111111111 11111 11111111 3504944 09/18/2007 02:02P Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder Exhibit "A" Quit Claim Deed between Jack Allen Walker, Grantor and Jack Allen Walker and Kristi Walker, Grantees Legal Description Lots A and B of Recorded Exemption No. 1309-20-2 RE3949,According to the Map thereof recorded January 6,2005 under Reception No. 3250338,being a part of the Northwest Quarter of Section 20, Township 2 North, Range 66 West of the Sixth Principal Meridian, which is Lot B of Recorded Exemption No. 2454, County of Weld, State of Colorado. Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3470405 Parcel#: 130920200056 .. =..y-e s-am _xisaeaaeu:r_;.... Tax Area: 2232 Bordering County: Acres: 5.9 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 02 -66 - 20 - 2 - - Owners Name&Address: Property Address: WALKER JACK ALLEN & Street: P O BOX 164 City: BRIGHTON, CO 80601 Additional Owners: WALKER KRISTI .................... Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 9/12/2007 $0 QCN 3504944 Legal Description PT NW4 20-2-66 LOT A REC EXEMPT RE-3949 (.5R) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Industrial 0300 Square Feet 257004 Land Subtotal: 257004 $97,662 $28,320 No Buildings on Parcel http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 2/15/2008 E -mail Correspondence Bethany Salzman From: Laurie Exby Sent: Thursday, February 21, 2008 9:55 AM To: Bethany Salzman Subject: RE: Painting oil field equipment Attachments: Photo description.doc Photo liption.doc (3] Original Message From: Bethany Salzman Sent: Thursday, February 21, 2008 9:08 AM To: Laurie Exby Subject: FW: Painting oil field equipment From: Laurie Exby Sent: Friday, February 08, 2008 4 :32 PM To: Trevor Jiricek; Roger Caruso; Phillip Brewer; Bethany Salzman Subject: Painting oil field equipment I spoke with Dalvin Icke -owner of D & B Oilfield Services concerning the painting of oil field equipment at this location. Mr. Icke stated the compressores are brought in on a flat bed, washed sometimes with a Hotsy (I did not observe any standing water or mud) . The compressor is then moved into a covered area where it is warmed with a diesal heater. Once warmed, the compressor is moved outside and is sprayed. Minimal fugitive paint was observed and there was a breeze at the time of the observation. The compressors are then moved and readied to be hauled to location. This operation has been operating at this location since January Mr. Icke indicated he is working with Roger Caruso and Phil Brewer on land use and air permits. Several photos of the operation are included. Mr. Jack Walker owns the property and according to Mr. Icke there is a USR in place (confirmed by Roger Caruso) . He stated Roger Caruso, Planner, had advised him not to apply for a USR until he is relocated to the Tote A Shed location. A portion of the property is leased to Tote-a-shed and Mr. Icke is leasing the other parcel . Mr. Icke indicated he has filled the necessary paper work for an APEN and Phil has been out at least 4 times and has no problems with the operation. Waste is hauled off by Safety Clean and is stored in drums (55 gal) until full and ready for disposal. (I did not review any invoices or contract) Approximately 1 1/2 gallons of waste (paint gun cleaner) is generated. There are diesal drums on site and I advised Mr. Icke they need to be bermed. I also asked B & D to run a water truck along the access road when traffic is going in and out to prevent fugitive dust. Mr. Icke indicated B&W Water is called for dust control. According to Mr. Icke B & D is moving into the Tote A Shed facility within the next 60 days. There is some sort of disagreement between these two 1 entities as to whom is going to be occupying what site. Late this afternoon I spoke with Roger Caruso. Mr. Icke stated is not being totally forthright and honest and appears to be playing both ends against the middle. Roger had told B & D to apply for a USR as this operation is a zoning violation. Bethany is going to call and ask they cease operations within 7 days and to start the USR process ASAP or they will schedule a probable cause hearing. Building inspection (Dennis) and the Fire Marshall, Larry Richardson have all been out and expressed some concern with the operation and the facility in general (no fire suppression) . Monday I will get with Phil and we will call Roger and get us all on the same page, this is crazy! Any questions just call. xb 2 Bethany Salzman From: Christopher M. Ernst [cmernst@mmllc.com] Sent: Wednesday, February 20, 2008 2:37 PM • To: Bethany Salzman Cc: Roger Caruso; Kim Ogle; Thomas Honn; Roger Vigil Subject: Re: Phil Carr Understood -- we will try to have our threshold issues resolved asap, such that we can present to the Board a reasonable proposal for a USR and schedule. That's the best I can do. . . Christopher M. Ernst MEHAFFY BRUBAKER & ERNST LLC 21 North 1st Avenue, Suite 290 Brighton, Colorado 80601 Tel. 303-659-0731, ext. 13; Fax 303-659-0752 CONFIDENTIALITY NOTICE: This electronic message transmission, and any attachments, is intended only for use by the recipient and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at our main office number [ (303) 659-0731] and permanently delete the original and any copy of the e-mail and any printout thereof. Thank you. Bethany Salzman wrote: > It has come to my attention that the Board of County Commissioners has > indicated a desire to hear this case on Monday the 25th. Therefore, > as indicated in the letter, the violation case is scheduled for > Monday, February 25th at 9 am at 915 10th St in the Board of County > Commissioners Hearing Room. Let me know if you have any further > questions or concerns. Bethany Salzman From: Roger Caruso Sent: Wednesday, February 20, 2008 11:49 AM To: Bethany Salzman In case you need this Toteasheds phobne number is 3038571500 jack walkers telephone number is 3036594640 and cell is 3038887419 - his address is 13550 granby st, brighton, co 80601 Roger Caruso Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 (970) 353-6100 ext 3563 1 > Sent.: Wednesday, February " ' 2008 9:34 AM > To: Bethany Salzman > Cc: Roger Caruso > Subject: Re: Phil Carr >• Bethany: > After our meeting yesterday, and as we discussed, I tried to confirm > with the property owner, Jack Walker, whether the Tote A Shed property > might be a viable option for my client, such that my client could > pursue > a temporary arrangement on the south, and then eventually move into > the north -- as you recall, we needed to determine this question in > order to >• determine the best way to proceed with a USR (whether for the south > only, for the north and the south, or perhaps not at all, etc. ) . I > was able to speak to jack directly, but there are a few remaining > issues to be resolved between Jack and my client, and thus far they > have been unable to speak directly as far as I know. My client has > been trying yesterday and today. >• Therefore at this time it appears that Monday's date may be a bit > premature for us, although again I understand and appreciate that the > sooner the better, and that an early date behooves us all. What is > your >• deadline for either placing us on Monday' s Agenda or pulling us? If > not >• until later today or tomorrow, then I would suggest keeping us on > Monday's docket pending these discussions, and if need be we can > extend until Wednesday? >• Let me know your thoughts, thanks, > CME >• Christopher M. Ernst > MEHAFFY BRUBAKER & ERNST LLC > 21 North 1st Avenue, Suite 290 > Brighton, Colorado 80601 > Tel. 303-659-0731, ext. 13; Fax 303-659-0752 >• CONFIDENTIALITY NOTICE: This electronic message transmission, and any > attachments, is intended only for use by the recipient and may contain > legally privileged and/or confidential information. If you are not > the intended recipient of this e-mail, you are hereby notified that > any dissemination, distribution or copying of this e-mail, and any > attachments thereto, is strictly prohibited. If you have received > this e-mail in error, please immediately notify me at our main office > number > [ (303) 659-0731] and permanently delete the original and any copy of > the e-mail and any printout thereof. Thank you. >• Roger Caruso wrote: »• Bethany and Chris, »- Phil Carr' s phone number is 303-692-3121 per the State of Colorado » website (I actually think it is 3150) . » Please call / e-mail with questions. » Roger Caruso » Weld County Department of Planning Services » 918 10th Street • » Greeley, CO 80631 » (970) 353-6100 ext 3563 2 Bethany Salzman From: Roger Caruso Sent: Tuesday, February 19, 2008 4:12 PM To: Bethany Salzman; cmernst@mmllc.com Subject: Phil Carr Bethany and Chris, Phil Carr's phone number is 303-692-3121 per the State of Colorado website (I actually think it is 3150) . Please call / e-mail with questions. Roger Caruso Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 (970) 353-6100 ext 3563 1 Roger Caruso From: Roger Caruso Sent: Tuesday, February 19, 2008 3:24 PM To: 'cmernst@mmllc.com' Subject: FW: Painting oil field equipment Chris, Please see the forwarded e-mail from Phil Brewer with the Weld County Department of Public Health and Environment. Please call / e-mail with questions. ' Roger Caruso Dept of Planning Services Roger Caruso From: Roger Caruso Sent: Tuesday, February 19, 2008 3:23 PM To: 'cmernst@mrnllc.com' Subject: FW: Jack Walker Chris, Please see forwarded e-mail from Nicole Peterson, Paralegal with Bendelow Law Firm, P.C. Please call e mail :with questions. Thank you. Roger Caruso Dept of Planning Services Roger Caruso From: Roger Caruso Sent: Tuesday, February 19, 2008 2:48 PM To: 'cmernst@mmllc.com' Subject: FW: B&D Maintenance Update Chris, Please see the forwarded e-mail from Paul Carr with the CDPHD lair Quality Control Division. Call / e-mail with questions . Thank you. Roger Caruso Dept of Planning Services From: Paul Carr [mailto:Pmca- ?smtpgate.dphe.state.co.us] Sent: Tuesday, February 19, J8 1:32 PM To: Roger Caruso Cc: ROBERT Jorgenson; Phillip Brewer Subject: B&D Maintenance Update Roger, Per your request on 2/19/08, here is a brief outline of events associated with B&D Maintenance operating in Weld County. A complaint referral was forwarded to my attention on 1/7/08 from CDPHE Hazardous Waste Division (Mr. Ed Smith) in response to a complaint investigation conducted by Hazardous Waste on or about 12/18/07 . The air emissions complaint (odors, off-property-transport, painting w/o control equipment or a permit) was forwarded to Weld County (Mr. Phil Brewer) on 1/7/08 for investigation. Based on Mr. Brewer's investigation it appears that B&D Maintenance began painting operations prior to submitting an Air Pollution Emission Notice or obtaining the required air emissions permit. An Air Pollution Emission Notice and permit application was submitted and received by the Air Division on 2/13/08, however, a 'permit has not yet been issued. Based on the facts available, the Air Division has reason to believe that B&D may have violated state & federal air regulations by emitting air pollutants into the atmosphere without first obtaining the necessary permits. Mr. Brewer correctly informed B&D that they appear to be violating Colorado air regulations (letter dated 2/15/08, Re: summary of meeting 2/13/08) . The duration of the alleged violation will continue until the date of permit issuance or until B&D ceases painting operations and B&D may be subject to civil penalties up to $15, 000 per day, per violation. Please let me know if you need any additional information. Paul Carr Unit Supervisor, Field Services Section Colorado Dept. of Public Health & Environment Air Pollution Control Division APCD-SS-Bl 4300 Cherry Creek Drive South Denver, CO 80246 (303) 692-3250 (303) 782-0278 Fax email: paul.carr@state.co.us 1 From: Nicole Peterson [mailtoCnickypeterson@bendelow.net] Sent: Tuesday, February 19, 8 8 :46 AM To: Roger Caruso Subject: Jack Walker Roger: As you are aware this office represents Jack Walker. We have been informed that there are illegal activities being conducted by a tenant Delvin Ickler and that Weld County plans to red tag Mr. Ickler. Mr. Walker will cooperate with Weld County regarding these illegal activities by Mr. Ickler and will take necessary steps to protect himself and the land that Mr. Ickler occupies. There are no eviction proceedings in place to evict tenant Jon Christiansen and Tote-A- Shed and any rumors of that nature are unfounded. Please do not communicate with Mr. Walker for any reason because of his severe medical problems. Please direct all communications to Mr. Bendelow at our Denver office. Do not hesitate to contact either myself or Mr. Bendelow with any questions. Nicole R. Peterson Paralegal Bendelow Law Firm, P.C. 1120 Lincoln Street, Ste. 1000 Denver, CO 80203 303 . 837.9600 303 .860 . 0311 www.bendelow.net <http://console.mxlogic.com/redir/? 5B2xNMQsIndIIFLT7e9CM0h3U8uvkNMdMTvHTKyOOeKCCrKrxaNkIJY_ziI0kg-27DRcs3 j pEVd7bZPgatSm6nbLcC Qkjo4roGg805QYHYj s_3VU3zg9J4SOOC_ssyyrJ1TeAblkM0i> Bethany Salzman From: Roger Caruso Sent: Tuesday, February 19, 2008 8:36 AM To: Bethany Salzman Subject: Dalvin Ickler Bethany, I just spoke with Nicole with Bendelow Law Firm. They are the representatives for Mr. Jack Walker. Nicole will be e-mailing me a statement which states [1] They are not in a process to evict the tenants of Tote-A-Shed [2] Mr. Walker is in full support of County regulations and [3] Mr. Ickler is on a month-to-month lease of the property and if necessary they will terminate his lease. If possible please send all correspondence to Mr. Theodore Bendelow; 1120 Lincoln Street, Suite 1000; Denver, CO 80203 . icger Caruso Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 (970) 353-6100 ext 3563 1 Blank Page 1 of 1 Bethany Salzman From: Phillip Brewer Sent: Friday, February 15, 2008 3:04 PM To: Bethany Salzman Subject: RE: B&D Maintenance and Oil Field Service Yes, a permit was received two days ago by the APCD. But, that does not exempt B&D from responsibility for three months of unpermitted releases of air pollutants. Penalties could be rather costly! After almost 30 years of the Clean Air Act and the existenbe of Air Quality Control Commission regulations here in Colorado, the APCD does not give much quarter. All Dalvin would have had to do is discontinue painting until he got the application submitted for a permit and then proceed. But I and others believe that he was not truthful about submitting an application for a permit on December 4 (there is no record of reception of an application). He has not even behaved/spoken as if he had done this in December!!! Plus the state believes that people who are in the business of painting "should" know about regulations. This is nothing new or hidden. From: Bethany Salzman Sent: Friday, February 15, 2008 2:43 PM To: Phillip Brewer; Roger Caruso; Laurie Exby Subject: RE: B&D Maintenance and Oil Field Service When I spoke to Christopher Ernst a few minutes ago, he indicated that a permit had just been submitted to the state. Is that not true? Blank Page 1 of 1 Bethany Salzman From: Phillip Brewer Sent: Friday, February 15, 2008 1:53 PM To: Roger Caruso; Laurie Exby; Bethany Salzman Subject: B&D Maintenance and Oil Field Service I formally submitted to the CDPHE-APCD today a summary report of my investigation of the B&D Maintenance and Oil Field Service complaint. Enforcement action will be effected by the APCD for the unpermitted releases by B&D of air pollutants over the past approximately 3 months. 2/20/2008 Roger Caruso From: Christopher M. Ernst [cmernst@mmllc.com] Sent: Thursday, February 14, 2008 2:51 PM To: Roger Caruso Subject: Re: Dalvin Ickler Roger -- sorry to bombard you with emails -- I confirmed that Dalvin can meet Tuesday morning so I will call you tomorrow to confirm a time. Dalvin states that he did file for the State APEN Permit and that the State will inspect shortly. He filed the Application in Denver with a woman named Eleanor. I will know more tomorrow and talk to you then. I instructed him to do whatever it takes to satisfy the State authorities and secure that permit, and I believe he understood and shall comply. I'll speak to you tomorrow, thanks again, CME Christopher M. Ernst MEHAFFY BRUBAKER & ERNST LLC 21 North 1st Avenue, Suite 290 Brighton, Colorado 80601 Tel. 303-659-0731, ext. 13; Fax 303-659-0752 CONFIDENTIALITY NOTICE: This electronic message transmission, and any attachments, is intended only for use by the recipient and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at our main office number [ (303) 659-0731] and permanently delete the original and any copy of the e-mail and any printout thereof. Thank you. Roger Caruso wrote: > Chris, >• Phil Brewer, Laurie Exby and myself would like to meet at the Longmont > office with Dalvin and yourself this Tuesday, February 19, 2008. If > this date is possible please let me know a time (preferably morning) > that would work so we can all sit down and come to an understanding. >• Call with any questions. >• Roger Caruso >• Weld County Department of Planning Services >• 918 10th Street > Greeley, CO 80631 >• (970) 353-6100 ext 3563 1 Roger Caruso From: Christopher M. Ernst[cmernst@mmlIc.com] Sent: Thursday, February 14, 2008 2:41 PM To: Roger Caruso Subject: Re: Dalvin Ickler Roger -- please excuse me -- your email said morning is better -- if we meet first thing, I can re-shuffle my calendar accordingly. This is important. I will check with Dalvin, advise him to clear this date, and call you tomorrow to confirm time and location. Thanks, CME Christopher M. Ernst MEHAFFY BRUBAKER & ERNST LLC 21 North 1st Avenue, Suite 290 Brighton, Colorado 80601 Tel. 303-659-0731, ext. 13; Fax 303-659-0752 CONFIDENTIALITY NOTICE: This electronic message transmission, and any attachments, is intended only for use by the recipient and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at our main office number [ (303) 659-0731] and permanently delete the original and any copy of the e-mail and any printout thereof. Thank you. Roger Caruso wrote: > Chris, >• Phil Brewer, Laurie Exby and myself would like to meet at the Longmont > office with Dalvin and yourself this Tuesday, February 19, 2008. If > this date is possible please let me know a time (preferably morning) > that would work so we can all sit down and come to an understanding. >• Call with any questions. >• Roger Caruso >• Weld County Department of Planning Services >• 918 10th Street > Greeley, CO 80631 >• (970) 353-6100 ext 3563 1 Roger Caruso From: Christopher M. Ernst[cmernst@mmllc.com] Sent: Thursday, February 14, 2008 2:39 PM To: Roger Caruso Subject: Re: Dalvin Ickler Roger -- I will need to clear my calendar and confirm next Tuesday with Dalvin, but of course I welcome the opportunity to meet and discuss with you, thank you. Can we say mid to late afternoon on Tuesday? I'll need to confirm for certain tomorrow, but i may be able to make that late afternoon time-frame work best. I left a message for Phil and will advise Dalvin to get that State APEN Permit ASAP, and to meet or exceed all other State regs. Let me know, thanks again, CME Christopher M. Ernst MEHAFFY BRUBAKER & ERNST LLC 21 North 1st Avenue, Suite 290 Brighton, Colorado 80601 Tel. 303-659-0731, ext. 13; Fax 303-659-0752 CONFIDENTIALITY NOTICE: This electronic message transmission, and any attachments, is intended only for use by the recipient and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at our main office number [ (303) 659-0731] and permanently delete the original and any copy of the e-mail and any printout thereof. Thank you. Roger Caruso wrote: > Chris, >• Phil Brewer, Laurie Exby and myself would like to meet at the Longmont > office with Dalvin and yourself this Tuesday, February 19, 2008. If > this date is possible please let me know a time (preferably morning) > that would work so we can all sit down and come to an understanding. >• Call with any questions. >• Roger Caruso >• Weld County Department of Planning Services >• 918 10th Street > Greeley, CO 80631 >• (970) 353-6100 ext 3563 1 Roger Caruso From: Roger Caruso Sent: Thursday February 14. 2008 1 44 PM To: Phillip Brewer Subject: RE Painting oil field equipment Phil, FYI Chris Ernst is representing Dalvin Ickler in applying for the necessary permits . He seems very reasonable and wants to facilitate the approval of the operation to the County and State as much as possible. He will calling you soon to discuss the permitting process and communications so far. His phone number is 303-659-0731 Call with any questions . Roger Caruso Dept of Planning Roger Caruso From: Roger Caruso Sent: Thursday, February 14, 2008 8:57 AM To: Phillip Brewer Cc: Laurie Exby; Trevor Jiricek; 'Paul Carr' Subject: RE: Painting oil field equipment Phil, Thanks for your response. I think most involved parties agree. I have talked to his attorney as of yesterday and his attorney seems to understand the potential ramifications from the Planning Dept - although I do not think he is aware of the States interest and consequences associated with operating without the required permits. Laurie and I will set up a time to discuss Health and Planning matters with Davlin and his attorney hopefully this Tuesday. I will keep you posted. Thank you. Roger Caruso Dept of Planning Services hi lip brewer Sent: 'Thursday, February 14, 2008 8 :45 AM To: Roger Caruso Cc: Laurie Exby; Trevor Jiricek; 'Paul Carr' Subject: RE: Painting oil field equipment Roger: I visited with Dalvin yesterday morning at 7 :30 am at his office in Fort Lupton. At that time I said to him that he is continuing to be out of compliance with Colorado Air Quality Control Commission Regulations by conducting spray painting operations without a "Permit" and/or "APEN" issued by the Air Pollution Control Division (APCD) . As of today, February 14, 2008, Dalvin (B&D Construction and Oil Field Services) is in violation of AQCC regulations and MAY be subject to financial sanctions. Unless it is demonstrated that paint spraying operations have ceased and not continued violations will continue to accumulate. His comment to me: "I can just take' all of this equipment out in the field and paint them at the sites of where they will be installed---then I won't need a permit. " (That is not a direct quote, but words that communicate what he said) He maintained that he submitted the necessary application paper work for a permit on December. 4., 2007, but there is no. (zero) record at the APCD as of last Thursday of anything having been received (that includes the check for $119.96 made out to the APCD) . Roger, Laurie, Trevor, Paul: I said to him (Dalvin Ickler) , yesterday, that he needed to get the application paper work submitted "today" even if he had to send it "certified mail" or take it directly to the APCD. I asked him if he knew where the APCD is located and he replied "Yes, my wife picked up the paper work from the APCD in December, so she knows where to take this today. " I asked that he send it to the attention of Paul Carr. Paul is the APCD supervisor from whom I received the original complaint that had been forwarded to the APCD about Dalvin's painting operations. Paul is the one who has not been able to find any trace of reception of paper work and check from Dalvin. Paul has done searches for paper work at least three times since January 1, 2008 at my request after I had been told, repeatedly, by Dalvin that he submitted the necessary paper work to the APCD. I can assure to you that the APCD is NOT a functionally incompetent organization. I will be in contact with Paul today to determine if the APCD received the application and check yesterday. I see no reason at this time for me to meet with Dalvin, his attorney, or any of his representatives. I am passing this problem and possible enforcement action to the Colorado Department of Public Health and Environment, Air Pollution Control Division. I will be preparing a letter to Dalvin today to summarize the meeting that I had with him yesterday morning. Let me know how things go with you. I find dealing with Dalvin to be a little bit of a challenge. Phil Roger Caruso From: Roger Caruso Sent: Wednesday, February 13, 2008 4:05 PM To: Laurie Exby; Phillip Brewer; Trevor Jiricek Subject: USR-1227? Hello, I just talked to Chris, Dalvin's attorney. I discussed with him what Dalvin proposed to me, my response, and now our correspondence between the County Departments. His attorney understands the ramifications and requirements for the most part, I believe. I told him Laurie and Phil, if they would like, can propose a couple times to meet at the SWSC. I will then coordinate with Dalvin and his attorney to have a meeting to discuss what is actually going occuring on-site, what are his clients goals and how we can expeditiously get him to that point. I reiterated his client must cease operations or the County is prepared to take action against the property owner. Let me know what times work best for you and hopefully we can get this issued resolved. Thank you. Roger Caruso Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 (970) 353-6100 ext 3563 1 original Message From: Roger Caruso Sent: Wednesday, February 13, 2008 10:22 AM To: Laurie Exby; Phillip Brewer; Trevor Jiricek Subject: RE: Painting oil field equipment Laurie and interested parties, I reviewed the USR; USR-1227 aka PL1312 . The application materials (questionnaire) specifically states that "No painting takes place, all the construction material used is already colored. " Dalvin had his attorney call me - I haven't directly spoken with him but I assume it is to get the USR together. Dalvin on last Friday stated he occupies a portion of the USR site which is vacant land. Mr. Walker subleases the building area to another tenant and there are problems between the three parties. The tenant is suppose to be evicted in May - however true or untrue I explained to Dalvin that if he has employees I am under the assumption the Health Department will want access to bathroom facilities. I told him I would hate for him to go through the process and then find out the tenant is staying. He seems to "sugarcoat" everything that I say to him. With that said feel free to review the application. I stated to him I will start a Probable Cause this Friday if he does not stop the activity on-site, or, at a minimum submit an Amended USR application with a request to operate while we process the application. Let me know if you are on the same page or would like to make a site inspection; if not I will initiate the Probable Cause on Friday if the activity is still occurring. Thank you for alerting me. Roger Caruso Dept of Planning Services From: Laurie Exby Sent: Monday, February 11, 2i 9:18 AM To: Roger Caruso; Phillip Brewer; Trevor Jiricek Subject: RE: Painting oil field equipment Roger, Thanks for the update. I spoke with Phil Brewer concerning this situtation and I think Mr. Dalvin thought he had hoodwinked me and he could continue as he was. Do you know the USR number for Mr. Walker? Phil and I want to take a look at it and see what is approved and what is not. Thanks for your help and we will keep in touch. LAurie From: Roger Caruso 2 c e a s'dLw • From: Roger Caruso Sent: Friday, February 08, 2008 8 :53 PIT --- To: Laurie Exby; Trevor Jiricek; Phillip Brewer; Bethany Salzman Subject: RE: Painting oil field equipment As an update. . . . Bethany Salzman and myself called Dalvin this afternoon to discuss this case. Since there is an existing USR for the parcel technically Bethany would not handle the case - one of the planners in the office will. In speaking with Dalvin roughly a little over a month ago I expressed concerns over painting on-site. I reviewed the existing USR and if memory serves me correctly painting was not called out in the original application. I told Dalvin that he MUST submit an Amended USR prior to operation. At that time I believe he stated that he wanted permits to build a tent (60 x 100?) outside to paint in (redflag! ) . I called Dalvin and asked him to come to our office to discuss the USR process (I believe that was before the holidays) . He made it sound very simple and that it would be a breeze to go through and that he would have one of the girls in his office get it together. Laurie called today and talked to Bethany and myself and stated that Dalvin said I said (following?) that he needed a USR but that he could do whatever he wishes out there until it is submitted, in essence - but not in those words. That is incorrect. I told Dalvin that he, again, MUST submit an Amended USR and possibly while it is in process we would let him start operations but we need a completed application delivered and in process beforehand. In Bethany's and I conversation today I reiterated to Dalvin that he can not just start operation as he sees fit. He stated that the current owner told him his USR calls out painting (I will verify again on Monday) . I told him to my knowledge it did not and he must cease operations by next Friday or I will start a Probable Cause for violating his USR. Dalvin insisted that he would have a USR submitted by Tuesday. I am not sure if he has been working on it or not, in my best guess I would say it has not been started. If he has a complete application by Tuesday I would be shocked. Laurie and Phil, if you do not have problems with his operation I will be much more leniant. But given the circumstances and what seems to me to be shopping for answers and causing confusion to operate beforehand I would be cautious. If you would like to do a site inspection I would be more than happy for us all to go on- site - Health, Planning, tenants and owner to discuss their options and existing USR. Let me know. Talk to you Monday, thanks ! Roger Caruso Dept of Planning Services Sent: Fri 2/8/2008 4 :31 PM To: Trevor Jiricek; Roger Caruso; Phillip Brewer; Bethany Salzman Subject: Painting oil field equipment I spoke with Dalvin Icke -owner of D & B Oilfield Services concerning the painting of oil field equipment at this location. Mr. Icke stated the compressores are brought in on a flat bed, washed sometimes with a Hotsy (I did not observe any standing water or mud) . The compressor is then moved into a covered area where it is warmed with a diesal heater. Once warmed, the compressor is moved outside and is sprayed. Minimal fugitive paint was observed and there was a breeze at the time of the observation. The compressors are then moved and readied to be hauled to location. This operation has been operating at this location since January Mr.—Tcke_ indicated_ he working with Roger Caruso and Phil Brewer on land use and air permits. Several photos of the operation are inoluded. Mr. Jack Walker owns the property and according to Mr. Icke there is a USR in place (confirmed by Roger Caruso) . He stated Roger Caruso, Planner, had advised him not to apply for a USR until he is relocated to the Tote A Shed location. A portion of the property is leased to Tote-a-shed and Mr. Icke is leasing the other parcel. Mr. Icke indicated he has filled the necessary paper work for an APEN and Phil has been out at least 4 times and has no problems with the operation. Waste is hauled off by Safety Clean and is stored in drums (55 gal) until full and ready for disposal. (I did not review any invoices or contract) Approximately 1 1/2 gallons of waste (paint gun cleaner) is generated. There are diesal drums on site and I advised Mr. Icke they need to be bermed. I also asked B & D to run a water truck along the access road when traffic is going in and out to prevent fugitive dust. Mr. Icke indicated B&W Water is called for dust control. According to Mr. Icke B & D is moving into the Tote A Shed facility within the next 60 days. There is some sort of disagreement between these two entities as to whom is going to be occupying what site. Late this afternoon I spoke with Roger Caruso. Mr. Icke stated is not being totally forthright and honest and appears to be playing both ends against the middle. Roger had told B & D to apply for a USR as this operation is a zoning violation. Bethany is going to call and ask they cease operations within 7 days and to start the USR process ASAP or they will schedule a probable cause hearing. Building inspection (Dennis) and the Fire Marshall, Larry Richardson have all been out and expressed some concern with the operation and the facility in general (no fire suppression) . Monday I will get with Phil and we will call Roger and get us all on the same page, this is crazy! Any questions just call. xb From: Roger Caruso Sent: Friday, February 08, 20u8 8:55 PM To: Laurie Exby; Trevor Jiricek; Phillip Brewer; Bethany Salzman Subject: RE: Painting oil field equipment As an update. . . . Bethany Salzman and myself called Dalvin this afternoon to discuss this case. Since there is an existing USE for the parcel technically Bethany would not handle the case - one of the planners in the office will. In speaking with Dalvin roughly a little over a month ago I expressed concerns over painting on-site. I reviewed the existing USR and if memory serves me correctly painting was not called out in the original application. I told Dalvin that he MUST submit an Amended USA prior to operation. At that time I believe he stated that he wanted permits to build a tent (60 x 100?) outside to paint in (redflag! ) . I called Dalvin and asked him to come to our office to discuss the USR process (I believe that was before the holidays) . He made it sound very simple and that it would be a breeze to go through and that he would have one of the girls in his office get it together. Laurie called today and talked to Bethany and myself and stated that Dalvin said I said (following?) that he needed a USE but that he could do whatever he wishes out there until it is submitted, in essence - but not in those words. That is incorrect. I told Dalvin that he, again, MUST submit an Amended USR and possibly while it is in process we would let him start operations but we need a completed application delivered and in process beforehand. In Bethany's and I conversation today I reiterated to Dalvin that he can not just start operation as he sees fit. He stated that the current owner told him his USR calls out painting (I will verify again on Monday) . I told him to my knowledge it did not and he must cease operations by next Friday or I will start a Probable Cause for violating his USR. Dalvin insisted that he would have a USA submitted by Tuesday. I am not sure if he has been working on it or not, in my best guess I would say it has not been started. If he has a complete application by Tuesday I would be shocked. Laurie and Phil, if you do not have problems with his operation I will be much more leniant. But given the circumstances and what seems to me to be shopping for answers and causing confusion to operate beforehand I would be cautious. If you would like to do a site inspection I would be more than happy for us all to go on- site - Health, Planning, tenants and owner to discuss their options and existing USR. Let me know. Talk to you Monday, thanks! Roger Caruso Dept of Planning Services 1 I n � co N qt U leCCi co 3 s - --LL:),„ J I I Tr 7 ,, ,,,T,.; iii_ A! a .a_ _ _ _ _ \ N . . r / A ii_ . x. 4 i 4 - -- Hwy 85 11 i t aNa....„ f \ Nx.,:... - / , 1 I a-i *, it: r i.rsh.y.r rill kt at , 4-L..' -4 . r1nr4 a:, afr • .+ l,, 1 • •11. a. - , • I ! • • 1I' I'� •di t . f, t • • �, fi1/2.4.:741.ri; 14 I1 • 1, tit I t } • t 1/40 } 1. . jj • t I 1 tt v .: , -I \ i P I ) 4, 1 1 • %y 4 -', Ar ' , . �f 1 Y . AI ; j • � F . -4. li -., i• } ,• f '; 1 c r. 5 ' i ' r ,1 ,� - Iilli '��' fc� � )ill ' ' r • ,' .' } )q11••4 �h ' J ', S )� •r i 1 Irr`Jt • r ', '1 1. ( ' i 4 !� A ; r ,d,tt,,r,si ,_ l . . ,. yilt � I I • _ I 4 .' I ' •4. •,I. Si I jid,lA A i��'' 1 • }.'i;' • a .kt x ., 77, . ► , . • I pass • —1 IMO J 'try • ,' 4Th • t ii I • , • • i �1 • 1 1I 1,1 • I' 1 11 . 11 • r. 14 k . • 1 , • ilk I ,, ' • iii_ _ • it lialyikt.r!‘:;ii II ''''' Trts, et \ l ,t,' j • I 4. ' f • a rr r 1. Yt 4. t / f: ♦ r 11. 1 .\,.._ „I ,. � �1t s: eivi..�::'� �� I' + �;IC:lilt II le.•C it , r ".• C ' ' f , • i ► 1 r , - • I } } 7 III I 1 I• I a uI ' C - I / ' , . (. ._ a 1 I. , • 1 , t ;I....4r t: I i C. • 1 . I 1 . 'r • i • I • , t { • • ::, i fri. . ,?,. t 0 ! / l i, 1 r�l • I t• }e/ '.e..', • iy, ,. It4 fie r ' If( , ,, i.. r r e' : •:, . , • • .[ , C F. �` . t[ It tt . :_' .;tit- 114 'af y• ; ,. • I i . r�7tit i •I".•4' -I 1 k 1,..... t , I 51, E , emu ', (041.1# .•I.I I.' I .i I � 1 '1 ; tr :S y " ' `: 2 {� r` 1, 1 CII 1 � t: 1,111.:2 I1 .�' ,4 i- I fir 1 • 1 ■ I ❑ >I 1: II 'II os.„-"•-4 ....„ •. Tr It 1 t.I 1. i 1 t r y ti, ., t;;' 'y I ill . ►31 — •.'• s4. it 'd , i } '1, 4_ � - v ` i- , • . I .4 1 l'Ill • - i • a' i 1 y . ..,, # r 1 • 1 14, - I I 4 . `I a, l Cr . - - 4 r j I.:: I t 7.....4.4 , ...._..,,, : _ _ , ..,.. , . , . • L .' .. 7j� 14 II.J , i •- ' l/ ' . 1 I .. M '• f I 1 I ; 4 y '. • . i . , - .� r • , • i ,'' ' , 1 Al . ... I t• i r M1 1 , 'I r . i i • 1: 1 0' • i i . x 1 1 ,tr.• I _ 1 f • I - • • .f , ,,1. I. l 't. s I y . a - I M.- j a•; . "Z l 111 . . Mr I 10 1 • r•. . t � 1 ,f1r •.i'', '• �'Lt 1 .ii r. • • p - - i . I. It •114 1 ll . 1 I e 61111.-- P • 4 j ' t 1. j 4' I (•it l .. �. . - . ' 1,441. r 'r %'4 i ',, ' i l ,.' t ' i , , . I:l ` , • F . j''*.... ::3,ll : 9. '•r IIr -' . l ,, , ' r' V . , i ,, , t .: 4 1 ?x Ct:j r• : : , 1 . I RI If f1- � I� � ` ��• il' • 1 A I. Is . - , . ., , . 5 ‘1' • ' , I. ., , .•' •• r, • 1 1 • sj rf,nr 1 1�. ,Y� !. , . - ' 4 Y 1 tY , \ , 1 t":1141:".:1 , f:• l V� ,, ,1 i • • ir< I'i a Mli'•: .,_ • 1'1 a • I , ��-t • / �� 1 1' ., , l •r 4- : 41 t , "Ike liqpibremokili T tj r l r; it . t'Qt-• - ,.i 1 - t • 1I IT. • • r + x'I 1 • 1 a' i , J it sme r ' —a . '4 i.. I'•• j �� , i y , si� J r.• / la ' 9 1 r • '7 M H 4.7 - v. 1 4. . • , l .. ,--- , . I .., i � ' t r. •4 1 • 1 r i : i , . r t `�� w sJ •' / ,I C1/4 • � . l j � r. II • Pali' 4 r •r .- r .. i . X' ,r ' 1 • , •. I NO 2 r' M , ----. 4 IV ;II i . II, . I .. - 4 i 1 i - • 1 , 1 �� l I � , 1 , I , L i J STATE OF COLORADO Bill Ritter,Jr.,Governor F© Co o� James B.Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado � o 4300 Cherry Creek Dr S. Laboratory Services Division c v`� y': Denver,Colorado 80246-1530 8100 Lowry Blvd. \, Phone(303)692-2000 Denver,Colorado 80230-6928 `a?e TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment February 7, 2008 Mr. Bob Parmeter B&D Maintenance/Oil Field Services 1245 Factory Circle Fort Lupton, CO 80621 Subject: Inspection Report for the December 20, 2007 Compliance Inspection, Case Number COD982587875 Dear Mr. Parmeter: On December 20, 2007, inspectors from the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the Division) conducted a hazardous waste compliance inspection at the painting operation located at Highway 85 and County Road 20. Based upon observations made at the time of that inspection, it appears as though B&D Maintenance is operating as a conditionally exempt small quantity generator of hazardous waste at that location. Because there were no hazardous waste compliance issues identified during the inspection, the Division is closing the referenced inspection. For your information, I have attached a copy of the inspection report for the referenced inspection. Please contact me at(303) 692-3386 if you have any questions regarding this matter. Sincerely, act414.051 Edward Smith Hazardous Waste Compliance Unit cc: w/att. Randy Lamdin, EPA EXHIBIT I a Colorado Department of Public Health and Environment of ' Hazardous Materials and Waste Management Division Hazardous Waste Inspection Report for a Colorado Dcp„uocn, Conditionally Exempt Small Quantity Generator of Hazardous Waste ofPubficHdd and rnvuonmenr B & D'S MAINTENANCE/OIL FIELD SERVICES, INC. GENERAL INFORMATION Facility: B&D's Maintenance/Oil Field Services, Inc. Facility address: 1245 Factory Circle, Unit A, Fort Lupton, CO 80621 EPA identification number: Non-notifier Notification: Operating as a Conditionally Exempt Small Quantity Generator(CESQG) Type of inspection: Compliance Evaluation Inspection and Complaint Inspection date: December 20, 2007 PREARRANGED: No TIME IN: 2:00pm TIME OUT: 3:30 pm FACILITY CONTACT & TITLE: Bob Parmeter, Owner and President PARTICIPANTS: Ed Smith and Derek Boer, CDPHE Bob Parmeter, B&D's Maintenance/Oil Field Services, Inc. FACILITY PHONE NUMBER: (303) 857-1953 PRODUCT OR SERVICE: Painting for oil field services YEARS IN OPERATION: The facility has operated NUMBER OF EMPLOYEES: 6 at this location for 3 months. Page I of 4 Colorado Department of Public Health and Environment .A..:;.. Hazardous Materials and Waste Management Division Hazardous Waste Inspection Report for a Colorado Depamnmt Conditionally Exempt Small Quantity Generator of Hazardous Waste a HPubkvuoealth and FACILITY INSPECTION Background: In the afternoon of December 18, 2007, inspectors Derek Boer and Edward Smith from the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the Division) conducted a compliance inspection at B & D's Maintenance/Oil Field Services. This inspection was not announced in advance of the inspection because the Division received an anonymous complaint alleging the improper management of waste. On the day of the inspection, B & D's was operating painting services out of temporary structure constructed of rail cars, scaffolding, and tarps. This temporary structure was located in an open field to the south of a large corrugated metal building which Mr. Parmeter stated was to be the future home of B & D's painting operations. B & D's principal operational location, offices and yard are located at 707 4th Street, Fort Lupton. Painting operations took place at this location until they were moved temporarily approximately 1 mile north on U.S. 85 three months before the inspection. Current Hazardous Waste Streams: Based upon observations made at the time of this inspection and conversations with facility personnel, B & D's generates the following hazardous waste: _ i - 3;if o; • Paint and mineral spirit waste (D001) - Current generator status: Based upon information obtained during this inspection, it appears as though this facility operates as a CESQG. Waste Accumulation Areas: Accompanied by Mr. Parmeter, the inspectors observed all areas at B & D's. The inspectors visited both the temporary painting • .,_ . facility and the principal facility located in Fort Lupton. Temporary Facility: The inspectors observed two t cs temporary paint booths where waste paint and mineral - spirit waste is generated from cleaning spray guns. The inspectors observed three 55-gallon containers and four 2.5-gallon containers placed on top of a secondary- containment box. One 55-gallon container was full of liquid paint waste and closed, another 55-gallon container had the lid and collar on loosely and was B&D's area of temporary painting operations. half-full of liquid paint waste, and the other container Page 2 of 4 Colorado Department of Public Health and Environment -`:a Hazardous Materials and Waste Management Division , Hazardous Waste Inspection Report for a Colorado Department Conditionally Exempt Small Quantity Generator of Hazardous Waste dP b/KHraw =day/immix= was empty. None of the drums were labeled or had accumulation start dates. Four 2.5-gallon mineral spirit product containers contained minimal amounts of what liquid waste paint. As a CESQG, B &D's is not required to label these containers. Facility personnel stated that Safety Kleen picks up B & D's hazardous waste at their other facilities and that arrangements were going to be made to have Safety Kleen pick up this waste. Mr. Parmeter stated that solvent rags and paper were disposed of as solid waste. Fort Lupton Office and Facility: The inspectors were escorted by Mr. Parmeter to B &D's principal facility located at 1245 Factory Circle, Unit A, Fort Lupton. Painting operations no longer take place at this facility. In the yard, the inspectors observed four 55-gallon containers that held waste paint and mineral spirits. Mr. Parmeter stated that these containers were filled over a 6 month period. The containers were in good condition, were placed on top of a secondary-containment box and were not labeled with the words "Hazardous Waste" or an accumulation start date. DOCUMENT REVIEW The inspectors conducted a document review to verify the generator status of this facility as a CESQG. Facility personnel produced hazardous waste manifests from their Rifle, Colorado operations and recent notification letter from the Department for their Fort Lupton facility. COVERAGE AREAS The following CESQG coverage areas were evaluated as part of this inspection: Monthly Hazardous Waste Generation Rate (261.5(a)). This facility operates as a CESQG and does not generating hazardous waste in excess of the monthly generation rate of 100 kilograms or 220 pounds. On-Site Accumulation Limit (261.5(g)(2)). At the time of this inspection, the facility had not exceeded the allowed on-site accumulation limit of 1,000 kilograms (2,200 pounds) of hazardous as specified per 6 CRR 1007-3, section 265.1(g)(2) of the Colorado Hazardous Waste Regulations. Proper Waste Disposition (261.5(g)(5)(3)). On the day of this inspection, the facility had contracted with an approved hazardous waste transporter to remove hazardous waste from its facilities as required by 6 CCR 1007- 3, section 26I.5(g)(3) of the Colorado Hazardous Waste Regulations. Hazardous Waste Determination (262.11). On the day of this inspection, the facility had made a hazardous waste determination for paint waste, as required by 6 CCR 1007-3, section 262.11. Page 3 of 4 • Colorado Department of Public Health and Environment ' Hazardous Materials and Waste Management Division Hazardous Waste Inspection Report for a Colorado ocpu.wcm Conditionally Exempt Small Quantity Generator of Hazardous Waste �f Health OTHER COVERAGE AREAS Used Oil Requirements (Part 279). On the day of this inspection, the facility was not generating used oil. COMPLIANCE ASSISTANCE AND CLOSE-OUT MEETING The inspectors conducted a brief closeout conference with facility personnel prior to leaving the facility. A Notice of Inspection was completed by Edward Smith and signed by Bob Parmeter as the facility representative. SIGNATURE BLOCK - -z J) �� " lZ/21 o - Prepared by: � , Derek Boer Date Reviewed by: g() t 7-0 ZS Edward Smith Date --- ATTACHMENTS --- 1. Notice of Inspection Page 4 of 4 Attachment 1 Notice of Inspection • Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division 4300 Cherry Creek Drive South,Mail Code: HMWMD-CP-B2,Denver,Co 80246-1530 (303)692-3300 Notice of Inspection p EPgA LD.# Date �/ racilityyame b Rata (C? NC9fl#— ki0+- k- aou/i84 / itreet Inspection Arranged Prior to Inspection Hour In: t00 ) YES (C) NO Enter By: Hour Out: 'iY0� i_ �� County; Go Zip. Consent ( ) Warrant 3 ?,36)i Titles Telephone# A ency: ?acility Representatives ( State tub ) Oversight C�(.J[l �Y V'(�Pi r ��) d e ��J�-�1p ( ) Joint :URRENT LOG, SQG, 24 Exempt, LDF, TSF, Transporter, Non-Notifier, Transfer facility or VOTIFICATION(S) Other To Change Status; Facility must send Letter or Revised Notification. :omments: Su �� b - nlryrad `lo roard0uS VI/otek- Vas} C Ahrfh 0 ar be co `0 r,a Ill eicemTh RI' 4 e X4-5 \--i-5 L c> 6 W ct- .,-te , Assistance Delivered During Inspection(for internal use-check ALL that apply): Compliance Assistance: Pollution Prevention: Current Waste Minimization: Field Assistance Guidance/Referral Product Substitution _Generator Handbook — Field Assistance Distillation_ of solvents on site Other guidance documents Referral to another program _ Elementary Neutralization Change in generator status downward upwardOther Samples,Documents,Plans,and/or Photos Collected 3. 1. 2 4. State personnel will review the facts established by this inspection. A final determination of your facility's compliance with State Regulations will be made as a result of this review. The review may reveal additional violations. q Receipt of this Notice of Inspection Form is Acknowledged /A Lead Inspector: ?Y) �'/) listing Inspector(s)and timedia P icipa (s) iiwitar ignature of Facility Representative White copy to file,Pink copy to Tacking,Yellow copy to Facility Hello