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RESOLUTION
RE: APPROVE VACATION OF SPECIAL USE PERMIT, SUP #454 - HOWARD
DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL, INC.
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, by Resolution dated April 22, 1981, the Board did approve Special Use
Permit, SUP #454, as an amendment to Special Use Permit#396 for an Oil Field Fluids
recycling and disposal site for Howard Duckworth, dba Weld County Waste Disposal, Inc., on
the following described real estate, to-wit:
Part of the NW 1/4 of Section 12, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Weld County Attorney's Office and the Departments of Public Health
and Environment and Planning Services recommend approval of the vacation of Special Use
Permit #454 because the applicant has concluded the process required by the Environmental
Protection Agency and executed an environmental covenant with the State of Colorado, and
WHEREAS, the Board has received a request from Howard Duckworth, dba Weld
County Waste Disposal, c/o Richard Judd, Robinson Waters & O'Dorisio, PC, 1099 18th Street,
Suite 2600, Denver, Colorado 80202, dated April 30, 2002, to vacate said Special Use
Permit#454, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Attorney's Office and the Departments of Public Health and Environment and
Planning Services and all of the exhibits and evidence presented in this matter and, having
been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Special Use Permit #454 be, and hereby is, vacated.
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SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELQDD COUNTY, ,tOLORADO
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Deputy Clerk to the Boar }«L �`- %
M. J. Geile
APP AS T9-FQ
illiam H. Jerke
ounty Attorney
Robert D. Mas en
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J.A. "Sulu" Tsukamoto
2002-1583
PL0447
MEMORANDUM
WITO: Board of County Commissioners -
COLORADO DATE: May 13, 2002
FROM: Kim Ogle, Planner Ill V"
SUBJECT: Weld County Waste Disposal
Case Number SUP #454
Howard Duckworth, President
The applicant in a letter dated and signed April 30, 2002 has requested that the Board of
County Commissioners vacate Special Use Permit, SUP 454. The County Attorney's office, the
Department of Planning Services and the Department of Public Health and Environment
support this request on behalf of Weld County Waste Disposal.
2002-1583
0 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
ID PHONE: (970) 336-7235
e. April 30, 2002 FAX: (970) 352-0242
COLORADO
Richard Judd
Robinson Waters& O'Dorisio, PC
1099 18th Street, Suite 2600
Denver, CO 80202
RE: Weld County Waste Disposal SUP#454
Dear Dick:
As you are aware, there is still a Special Use Permit attached to Weld County Waste Disposal's SUP
#454 site and the revocation proceedings have been pending for at least seven years. The EPA process
appears to have reached a conclusion and your client has executed an environmental covenant with the
State of Colorado. Consistent with the environmental covenant, Weld County would like to see the
Special Use Permit be eliminated since the uses described therein are no longer available. Weld County
could either proceed to revoke the permit or, more preferably, would simply vacate the permit based
upon your client's request.
I would ask that Mr. Duckworth sign this letter and in so doing indicate that he is still the record title
owner of the property within Special Use Permit#454 and that he wishes to have the Special Use Permit
vacated. The Board of County Commissioners, without a hearing, but in a public meeting will then
consider whether to accept such a request and if accepted, the Resolution vacating the Special Use Permit
would then be recorded.
Thank you for your attention to this matter.
7
Yours tf'uly, -7 7
Lee D. Morrison
Assistant Weld County Attorney
Weld County Was Disposal, Inc.Accepted tal ` ra"2� -V ,r? .
y: Howard Duckworth, President
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