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HomeMy WebLinkAbout20060499.tiff RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1491 -TIMOTHY AND LORI ERHLICH WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on the 9th day ofJanuary,2006,a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Timothy and Lori Erhlich, 27861 Weld County Road 62.75, Gill, Colorado 80624, were in compliance with certain Conditions of Approval and Development Standards contained in Use by Special Review Permit #1491 for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in Commercial or Industrial Zone Districts(farm equipment and auto repair and up to six(6) trucks and trailers used for storage) in the A (Agricultural) Zone District, and WHEREAS,the alleged violations were said to be occurring on property described as LotA of Recorded Exemption #3039; being part of the N1/2 N1/2 of Section 34, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to February 15, 2006, at 9:00 a.m., and WHEREAS,on the 15th day of February,2006,after hearing testimony from the Department of Planning Services,the Board finds that there is not sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Use by Special Review Permit should be revoked for failure to comply with certain Conditions of Approval and Development Standards, and deems it advisable to dismiss said probable cause. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause concerning Use by Special Review Permit#1491, issued to Timothy and Lori Erhlich, be, and hereby is, dismissed. ,,))p� 2006-0499 cc - re-, foci f-it� 04 i1��7' PL1760 SET SHOW CAUSE - TIMOTHY AND LORI ERHLICH (USR#1491) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 15th day of February, A.D., 2006. BOARD OF COUNTY COMMISSIONERS 1 au t# ��`► EL4; ELD COU 'Y, COLORADO ATTEST: " f �'�u • ' '�� _ �/_� J. ceile, hair Weld County Clerk to the =•a: +n �� ��i XCUSED BY: OVvtQ4, Vail ��• .. , David E. Long, Pro-Tem De ty Cleeekk to the Board et— r, k/-1,./ WiIH. Jee APP DAST \ J(�� , Robert D. Masden o n y Glenn Vaad �( Date of signature: Silt) 2006-0499 PL1760 DEPARTMENT OF PLANNING SERVICES Planning Division eL3/4.1 , SOUTHWEST OFFICE 4209, COR 4 LONGMONT, C 80504 ' jhatch@co.weld.co.us O PHONE: (720) 652-4210,: t 42 CFAX: (720) 652-4211 COLORADO NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 December 14, 2005 Timothy and Lori Ehrlich 27861 County Road 62.75 Gill, CO 80624 Subject: USR-1491, Lot A of RE-3039; being part of N2 N2 of Section 34, T6N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Ehrlich: Notice is hereby given that on Monday, January 9, 2006, 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 23-2-270 of the Weld County Code. This meeting will take place in the Commissioners Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-1491 for compliance with the Conditions of Approval as approved by the Board of County Commissioners on January 12, 2005 to determine if probable cause exists to hold a hearing on revocation of USR-1491. Representatives of this office have identified that you are not in compliance with the following Conditions of Approval and Development Standard. A signed copy of the Board of County Commissioners Resolution is attached. 1.F. The applicant shall address the requirements (concerns) of the Department of Building Inspection, as stated in the referral response dated November 2, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 1.G. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (Department of Planning Services) 1.H. The applicant shall submit to the Department of Planning Services a schematic Landscape and Screening Plan for review and approval. The plan shall include the method of screening the outdoor storage of vehicles, equipment or materials 2006-0499 PL 17(00 from adjacent properties. Given that the landscape treatment is established, staff will not require additional landscape treatment. The applicant shall maintain compliance with Section 23-2-250.6.7 of the Weld County Code at all times. (Department of Planning Services) 1.1. The applicant shall submit to the Department of Planning Services with a property maintenance plan. The maintenance plan shall be in compliance with Section 23-2-250.6.7 of the Weld County Code. (Department of Planning Services) 1.J. The plat shall be amended to delineate the following: 1. All sheets shall be labeled USR-1491 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 5. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 6. County Road 62.75 and 57 are designated on the County Road Classification Plan as local gravel roads, which requires 60 feet of right- of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 62.75 and 57 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 7. All approved accesses shall be clearly shown on the plat. (Department of Public Works) 1.K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) As stated in the resolution "The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution." If it is determined at the public hearing that there is probable cause that you have not met the Conditions of Approval, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please contact me at the above number. Respectfully, Jacqueli e atch, Planner • DEPARTMENT OF PLANNING SERVICES 6 Planning Division SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 jhatch@co.weld.co.us I PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 O NORTH OFFICE 918 10 Street COLORADO GREELEY, CO 80663131 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 November 8, 2005 Timothy and Lori Ehrlich 27861 County Road 62.75 Gill, CO 80624 Subject: USR-1491, Lot A of RE-3039; being part of N2 N2 of Section 34, T6N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Ehrlich: Notice is hereby given that the property listed above, is not in compliance with USR-1491 (Special Use Permit). All conditions of the original permit must be in compliance by November 30, 2005 or a Probable Cause public hearing, pursuant Chapter 23, Article II (2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled. If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number USR-1491, for compliance with the Development Standards and Conditions of Approval, as approved by the Board of County Commissioners on January 12, 2005, to determine if probable cause exists to hold a hearing on revocation of the permits. Inspections by representatives of this office have determined that you are not in compliance with the following Conditions of Approval and Development Standard: 1.F. The applicant shall address the requirements (concerns) of the Department of Building Inspection, as stated in the referral response dated November 2, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 1.G. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (Department of Planning Services) 1.H. The applicant shall submit to the Department of Planning Services a schematic Landscape and Screening Plan for review and approval. The plan shall include the method of screening the outdoor storage of vehicles, equipment or materials from adjacent properties. Given that the landscape treatment is established, staff will not require additional landscape treatment. The applicant shall maintain compliance with Section 23-2-250.B.7 of the Weld County Code at all times. (Department of Planning Services) 1.1. The applicant shall submit to the Department of Planning Services with a property maintenance plan. The maintenance plan shall be in compliance with Section 23-2- 250.B.7 of the Weld County Code. (Department of Planning Services) 1.J. The plat shall be amended to delineate the following: 1. All sheets shall be labeled USR-1491 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 5. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.8.6 of the Weld County Code. (Department of Planning Services) 6. County Road 62.75 and 57 are designated on the County Road Classification Plan as local gravel roads, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 62.75 and 57 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 7. All approved accesses shall be clearly shown on the plat. (Department of Public Works) 1.K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) As stated in the resolution "The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution." The Department of Planning Services understands that these items will take more time than thirty (30) days. Staff will work with you to finish these items in a timely manner. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR-1491, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Jacqueline Hatch, Planner II • SEN•E•: C•M•LETE THIS SECTUN CIM•LETE THIS SECTI•N IN•ELIVE•V • Complete items 1,2,and 3.Also complete A. • Item 4 If Restricted Delivery Is desired. . O Agent IIPrint your name end address on the reverse X O Addressee so that we can return the card to you. B. Received by Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 17 ❑Yes If YES,enter delivery address below: O No 4,1671 Lea_ fiat-tct+ 11s( C(& 6 )i(y /� l/ 3. ice Type y1l 1. CJ L)�6 l rice Mall O Express Mall Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4: Restricted Delivery?(Extra Fee) O Yes 2. Article Number (nansferfrmsemcarabe� 7 04 2890 0003 5709 1519 PS Form 3811,February 2004 Domestic Return Receipt 10259.5-02-M-1540 DEPARTMENT OF PLANNING SERVICES a Planning Division (VeSOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 jhatch@co.weld.co.us IPHONE: (720) 652-4210, Ext. 8730 WI I D O FAX: (720)652-4211 NORTH OFFICE 918 10 Street COLORADO GREELEY, CO 80663131 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 September 1, 2005 Timothy and Lori Ehrlich 27861 County Road 62.75 Gill, CO 80624 Subject: USR-1491, Lot A of RE-3039; being part of N2 N2 of Section 34, T6N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Ehrlich: Notice is hereby given that the property listed above, is not in compliance with USR-1491 (Special Use Permit). All conditions of the original permit must be in compliance by September 30, 2005 or a Probable Cause public hearing, pursuant Chapter 23, Article 11 (2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled. If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number USR-1491, for compliance with the Development Standards and Conditions of Approval, as approved by the Board of County Commissioners on January 12, 2005, to determine if probable cause exists to hold a hearing on revocation of the permits. Inspections by representatives of this office have determined that you are not in compliance with the following Conditions of Approval and Development Standard: 1.F. The applicant shall address the requirements (concerns) of the Department of Building Inspection, as stated in the referral response dated November 2, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 1.G. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (Department of Planning Services) 1.H. The applicant shall submit to the Department of Planning Services a schematic Landscape and Screening Plan for review and approval. The plan shall include the method of screening the outdoor storage of vehicles, equipment or materials from adjacent properties. Given that the landscape treatment is established, staff will not require additional landscape treatment. The applicant shall maintain compliance with Section 23-2-250.6.7 of the Weld County Code at all times. (Department of Planning Services) 1.1. The applicant shall submit to the Department of Planning Services with a property maintenance plan. The maintenance plan shall be in compliance with Section 23-2- 250.B.7 of the Weld County Code. (Department of Planning Services) 1.J. The plat shall be amended to delineate the following: 1. All sheets shall be labeled USR-1491 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 5. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.8.6 of the Weld County Code. (Department of Planning Services) • 6. County Road 62.75 and 57 are designated on the County Road Classification Plan as local gravel roads, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 62.75 and 57 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 7. All approved accesses shall be clearly shown on the plat. (Department of Public Works) 1.K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) As stated in the resolution "The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution." The Department of Planning Services understands that these items will take more time than thirty (30) days. Staff will work with you to finish these items in a timely manner. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR-1491, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Jacqueline Hhedh, Planner II DEPARTMENT OF PLANNING SERVICES d Planning Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 jhatch@co.weld.co.us PHONE: (970)353-6100, Ext. 3540 WI t FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720)652-4211 June 30, 2005 Timothy and Lori Ehrlich 27861 County Road 62.75 Gill, CO 80624 Dear Mr. and Mrs. Ehrlich: This letter is regarding your Use by Special Review application USR-1491 for farm equipment and auto repair and to six trucks and trailers used from storage located in on Lot A of RE-3039 Part of the N2 N2 of Section 34, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado Parcel number 0801 34 000057 The Department of Planning Services and the Department of Public Health and Environment have reviewed the information provided by you along with the conditions of approval as stated in the resolution passed by the Board of County Commissioners on January 12, 2005 and have determined that the following items still need to be completed. 1.F. The applicant shall address the requirements (concerns) of the Department of Building Inspection, as stated in the referral response dated November 2, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 1.G. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (Department of Planning Services) 1.H. The applicant shall submit to the Department of Planning Services a schematic Landscape and Screening Plan for review and approval. The plan shall include the method of screening the outdoor storage of vehicles, equipment or materials from adjacent properties. Given that the landscape treatment is established, staff will not require additional landscape treatment. The applicant shall maintain compliance with Section 23-2-250.6.7 of the Weld County Code at all times. (Department of Planning Services) 1.1. The applicant shall submit to the Department of Planning Services with a property maintenance plan. The maintenance plan shall be in compliance with Section 23-2- 250.B.7 of the Weld County Code. (Department of Planning Services) 1.J. The plat shall be amended to delineate the following: 1. All sheets shall be labeled USR-1491 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 5. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 6. County Road 62.75 and 57 are designated on the County Road Classification Plan as local gravel roads, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 62.75 and 57 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 7. All approved accesses shall be clearly shown on the plat. (Department of Public Works) 1.K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) As stated in the resolution "The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution." The Department of Planning Services understands that these items will take more time than thirty (30) days. Staff will work with you to finish these items in a timely manner. Staff has determined that all the above items need to be submitted prior to July 29, 2005. If not completed by July 29, 2005 two things will occur. First, staff will schedule a hearing before the Board of County Commissioners to revoke your Use by Special Review permit. Second, the existing violation on your property will be processed by the County attorney's office for action. If you have further question, please contact me at the above address or call (970) 353-6100 ext. 3540. Sincerely,<71 Jacqueline H h P1r3nner II Page 1 of 1 Jacqueline Hatch From: Charlotte Davis Sent: Tuesday, June 14, 2005 8:57 AM To: Jacqueline Hatch Subject: USR-1491 Jacqueline, 4A-Stormwater Discharge Permit- Mr. Ehrlich is not building or re-developing on this site. A stormwater Discharge permit is not needed. Condition 4A is not necessary and is satisfied. Regards, Char 06/14/2005 Page 1 of 1 Jacqueline Hatch From: Charlotte Davis Sent: Wednesday, May 11, 2005 10:07 AM To: Jacqueline Hatch Subject: USR-1491 Conditions Jacqueline, Tim Ehrlich, USR-1491, came in today and presented material to meet his conditions. The following are my comments: Condition 1A- I am in receipt of a Dust Abatement Plan. The Plan has been reviewed by Environmental Health Services and is approved. This condition is resolved and can be removed. Condition 1 E-Waste Handling Plan. The Plan has been reviewed by EHS and is approved. This condition is resolved and can be removed. I think this covers all health related conditions. Regards, Char 05/11/2005 Page 1 of 1 Jacqueline Hatch From: Charlotte Davis Sent: Monday, April 18, 2005 4:15 PM To: Jacqueline Hatch Subject: USR-1491 Jacqueline, I have received information from Mr. Tim Ehrlich regarding USR-149. The following are my findings: 1A. Dust abatement plan I have not received a dust abatement plan as of 4-18-2005. This condition is not resolved. 1 B. Washing area The applicant has provided information indicating that the tractor wash water is recycled and will be diverted to a closed tank system and that the contents will be pumped and hauled to the City of Greeley Wastewater-Permit No#-022. The applicant has capped off the line that leads to the French Tile Drain, he has also contacted the EPA and is working with them on a Class V Well Pre-closure Notification. This condition has been resolved and can be removed. 1C. The aboveground storage tanks on site are for farm use only. Use by right. Condition 1C is resolved and can be removed. 1D. UIC Class V injection well The applicant has capped off the floor drain in the maintenence shop. The floor drain is no longer operational and can be considered a "dry"shop. He has been in contact with EPA as discussed above 1B. This condition is has been resolved and can be removed. 1 E. Waste Handling plan. The applicant has submitted a Waste Handling plan but it is not approved. The applicant has made a few changes as addressed above. I would like a written description of what has transpired and the waste handlers and facilities that the wastes will be disposed of. Condition 1 E is not approved. (Tim can contact me for more information). Questions or Concerns contact me at extension 2208. Regards, Char 04/18/2005 Hello