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HomeMy WebLinkAbout20032662.tiff SHERI Lockman -Tire Mtn Page 1 From: Cindi Etcheverry To: Lockman, SHERI Date: 8/15/03 3:03PM Subject: Tire Mtn Hi Sheri, We will not require the storage cells to be inspected by building inspectors. He can have up to 8 cells excavated at one time. Is that it? I think so. Septic system is only remaining item to be resolved, unless he removes the camper trailer from the facility. The septic permits were constructed for one home only. Cindi Etcheverry E.H. Supervisor Environmental Health Services Weld County Department of Public Health and Environment Office: 970-304-6415, ext. 2220 Fax: 970-304-6411 Mobile: 970-381-9938 Email: cetcheve@co.weld.co.us EXHIBIT 2003-2662 MEMORANDUM TO: SHERI LOCKMAN, PLANNING SERVICES FROM: CINDI ETCHEVERRY, ENVIRONMENTAL HEALTH ISUBJECT:REVISEI)REFERRAL FOR AMUSR-842, TIRE MOUNTAIN 0 DATE: 08/01/2003 • CC: TREVOR JIRICEK, DIRECTOR, ENV HEALTH COLORADO CHAR DAVIS,ENVIRONMENTAL HEALTH Environmental Health Services has reviewed this proposal for an Amended Site Specific Development Plan and Special Review Permit for a Solid Waste Disposal Site and Facility in the 1-3 (Industrial) Zone District, and Certification of Designation. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: As a condition of approval we recommend: 1. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the camper trailer currently located north of the office. Any existing septic systems(s) which is not currently permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. Evidence of approval shall be submitted to the Weld County Department of Planning Services. We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The facility shall provide the specific sequence of pit construction on the new 40- acre portion of the site. 2. The Fire Control Plan for the site shall prohibit activities such as welding, grinding, or other spark producing sources at or near tire storage areas. 3. Financial assurance for the entire facility shall be finalized by the Colorado Department of Public Health and Environment, prior to the use of the new 40- acre portion of the site. We recommend that the following requirements be incorporated into the permit as development standards: 1. Storage cells shall be constructed for tire storage as follows: a. Before construction of each cell, a 10-foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three days to determine groundwater depth. A minimum of 2 feet separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed in accordance with the facilities Design and Operations Plan and Fire Safety Evaluation and Fire Control Plan dated April 28, 2003 and accompanying supplemental material. c. No more than 4 cells shall be excavated and exposed or filled at a time. d. A minimum of 50 feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. 2. Fire equipment access roads shall be a minimum of 50 feet wide, capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. 3. Tires in the cells shall be stacked a maximum of 4 feet above the fire lane surface elevation. An additional 1-foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of 5 feet above ground elevation adjacent to and at the North-South center point on both sides of each cell. The top 1-foot (from 4 to 5 feet) will be painted a bright color to allow for easier observation. 4. Volume records shall be maintained which include number of incoming tires, tires placed in storage trenches, tires recycled on site, and tires recycled off site. These counts shall be recorded daily and accumulated monthly and annually. An annual report shall be submitted to the Weld County Health Department of Public Health and Environment and the Colorado Department of Public Health and Environment beginning May 1 first of each year. 5. Tires received at the facility shall be placed into cells upon receipt. Tires stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed 30 days. Above ground tire stockpiles shall not exceed 10 2 feet in height and shall be separated by a minimum width of 50 feet. 6. The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville Fire Protection District at all times. 7. The property owner or facility operator shall notify the Weld County Department of Public Health and Environment, Department of Planning Services, Colorado Department of Public Health and Environment, and Platteville Fire Protection District in the event of a change in the availability of equipment or soil identified for fire protection, or changes in the Fire Safety Evaluation and Fire Control Plan. 8. A copy of the recorded plat and development standards will be forwarded and filed with the Colorado Department of Public Health and Environment. 9. A spillage retention berm shall be required around any container with a volume greater than 50 gallons. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. 10.No permanent disposal of wastes, other than waste tires, shall be permitted at this site. 11. Any liquid or solid wastes (as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities", as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 12.The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 13.Fugitive dust and fugitive particulate emissions shall be controlled on this site. 14.The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as measured according to Section 25-12-102, CRS. 15.The property shall be maintained in compliance at all times with the soil conservation plan approved by Platte Valley Soil Conservation Service. 16.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 17.Surface drainage shall be directed away from the active cells and will be allowed to flow off of the facility into the natural drainage ways. Stormwater runoff from the facility shall not exceed the rate of historic runoff. The need for stormwater 3 discharge permit will be evaluated in the event stormwater runoff from the facility disrupts normal flows off of the facility. 18.A safe and adequate fresh water supply shall be available on the facility premises. 19.ln the event that the facility closes permanently, and tires are not used for recovery or recycling operations within 10 years after closure, filled tire cells containing tires will be covered with a minimum of 2 feet of soil. Cells that are either partially filled or unused shall be filled to grade with soil. 20.This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, and any other applicable agency. 4 MEMORANDUM ‘1,t t iiii TO: SHERI LOCKMAN, PLANNING SERVICES Ace FROM: CINDI ETCHEVERRY, ENVIRONMENTAL HEALTH II 1 SUBJECT:REFERRAL FOR AMUSR-842, TIRE MOUNTAIN C. CC: TREVOR JIRICEK,DIRECTOR, ENV HEALTH COLORADO CHAR DAVIS, ENVIRONMENTAL HEALTH Environmental Health Services has reviewed this proposal for an Amended Site Specific Development Plan and Special Review Permit for a Solid Waste Disposal Site and Facility in the 1-3 (Industrial) Zone District, and Certification of Designation. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The facility shall provide the specific sequence of pit construction on the new 40- acre portion of the site. 2. The Fire Control Plan for the site shall prohibit activities such as welding, grinding, or other spark producing sources at or near tire storage areas. 3. Financial assurance for the entire facility shall be accepted by the Colorado Department of Public Health and Environment, prior to the use of the new 40- acre portion of the site. We recommend that the following requirements be incorporated into the permit as development standards: 1. Storage cells shall be constructed for tire storage as follows: a. Before construction of each cell, a 10-foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three days to determine groundwater depth. A minimum of 2 feet separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed in accordance with the facilities Design and Operations Plan and Fire Safety Evaluation and Fire Control Plan. c. No more than 4 cells shall be excavated and exposed or filled at a time. d. A minimum of 50 feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. 2. Fire equipment access roads shall be a minimum of 50 feet wide, capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. 3. Tires in the cells shall be stacked a maximum of 4 feet above the fire lane surface elevation. An additional 1-foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of 5 feet above ground elevation adjacent to and at the North-South center point on both sides of each cell. The top 1-foot (from 4 to 5 feet) will be painted a bright color to allow for easier observation. 4. Volume records shall be maintained which include number of incoming tires, tires placed in storage trenches, tires recycled on site, and tires recycled off site. These counts shall be recorded daily and accumulated monthly and annually. An annual report shall be submitted to the Weld County Health Department of Public Health and Environment and the Colorado Department of Public Health and Environment beginning May 1 first of each year. 5. Tires accepted at the facility shall be processed or placed into cells in a timely manner. Tires stockpiled above ground for processing shall be separated by a minimum width of 70 feet. 6. The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville Fire Protection District at all times. 7. The property owner or facility operator shall notify the Weld County Department of Public Health and Environment, Department of Planning Services, Colorado Department of Public Health and Environment, and Platteville Fire Protection District in the event of a change in the availability of equipment or soil identified for fire protection, or changes in the Fire Control Plan. 8. A copy of the recorded plat and development standards will be forwarded and filed with the Colorado Department of Public Health and Environment. 9. No permanent disposal of wastes, other than waste tires, shall be permitted at this site. 10. Any liquid or solid wastes (as defined in the Regulations Pertaining to Solid 2 Waste Disposal Sites and Facilities", as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 11.The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 12.Fugitive dust and fugitive particulate emissions shall be controlled on this site. 13.The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as measured according to Section 25-12-102, CRS. 14.The property shall be maintained in compliance at all times with the soil conservation plan approved by Platte Valley Soil Conservation Service. 15.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 16.Surface drainage shall be directed away from the active cells and will be allowed to flow off of the facility into the natural drainage ways. Stormwater runoff from the facility shall not exceed the rate of historic runoff. The need for stormwater discharge permit will be evaluated in the event stormwater runoff from the facility disrupts normal flows off of the facility. 17.A safe and adequate sewage disposal system shall be available on the facility premises. 18.A safe and adequate fresh water supply shall be available on the facility premises. 19.ln the event that the facility closes permanently, and tires are not used for recovery or recycling operations within 10 years after closure, filled tire cells containing tires will be covered with a minimum of 2 feet of soil. Cells that are either partially filled or unused shall be filled to grade with soil. 20.This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, and any other applicable agency. 3 r� n d DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT cfis. 1555 17TH AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 I PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 O ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 • COLORADO June 6, 2003 Jerry Jamison Tire Mountain, Inc. 12311 Weld County Road 41 Hudson, Colorado 80642 Subject: Tire Mountain, Inc.—2nd Quarter Inspection, 2003 Dear Mr. Jamison: On May 29, 2003, I conducted a routine inspection of Tire Mountain, Inc., tire disposal. Tire Mountain, Inc. is located at 12311 Weld County Road 41, in Weld County, Colorado. The purpose of the inspection was to inspect and assess the facility's compliance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations), as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended, and the Development Standards set forth in the facilities' Use by Special Review Permit (USR-842). During the inspection I observed that the facility had 15 trenches (30 cells) filled on the southern portion of the facility. The northern portion of the facility had 15 cells full, 1 cell almost full, 2 cells partially full, and 2 newly constructed cells. Additionally, on this date it was observed that the site was not in compliance with both the Regulations and USR-842. 1. Ten to fifteen 55-gallon drums of oil or other materials were observed next to the area where rims are removed from the tires. Several of the drums were tipped over and spillage had occurred. Please remove the drums and associated contaminated soil around the drums. Please respond in writing within thirty (30) days of the receipt of this letter of your corrective action and time frame it will take to remove the drums and effected soil. If you have any questions regarding this inspection, please contact me at (970) 304-6415, extension 2220. Sincerely, Cindi Etcheverry Environmental Health Supervisor Environmental Health Services cc: Trevor Jiricek, Director, Weld County Environmental Health Services (via email) Sheri Lockman, Weld County Department of Planning Services (via email) Glen Mallory, Colorado Department of Public Health & Environment Doug Ikenberry, Colorado Department of Public Health & Environment Kenneth Lind, Attorney for Jerry Jamison Lee Morrison, Weld County Attorneys Office C1W INNTTerp\030529insp.tloc SHERI Lockman -030220insp.doc Page 1 Jerry Jamison August 14,2002 Page 2 rat C. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970)304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970)304-6416 ENVIRONMENTAL HEALTH SERVICES (970)304-6415 FAX (970)304-6411 April 15, 2003 Jerry Jamison Tire Mountain, Inc. 12311 Weld County Road 41 Hudson, Colorado 80642 Subject: Tire Mountain, Inc. — 1st Quarter Inspection, 2003 Dear Mr. Jamison: On February 20, 2003, I conducted a routine inspection of Tire Mountain, Inc., tire disposal. Tire Mountain, Inc. is located at 12311 Weld County Road 41, in Weld County, Colorado. The purpose of the inspection was to inspect and assess the facility's compliance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations), as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended, and the Development Standards set forth in the facilities' Use by Special Review Permit (USR-842). 1. During the inspection it was observed the facility had placed steel rods to measure the height of the tires. The rods had a one-foot in width band of bright color to make it easier to observe the height of the tires. The rods were placed at midpoint of the east and west side of each cell. O]ETCH\WASTE\Tire Mln\030220insp.doc SHERI Lockman -030220insp.doc .� Page 2 Jerry Jamison August 14,2002 Page 2 1. I am aware that other issues concerning Financial Assurance, Closure and Post Closure, and an Amended USR are currently being discussed. If you have any questions regarding this inspection, please contact me at (970) 304-6415, extension 2220. Sincerely, Cindi Etcheverry Environmental Health Supervisor Environmental Health Services cc: Trevor Jiricek, Director, Weld County Environmental Health Services (via email) Sheri Lockman, Weld County Department of Planning Services (via email) Glen Mallory, Colorado Department of Public Health & Environment Doug Ikenberry, Colorado Department of Public Health & Environment Kenneth Lind, Attorney for Jerry Jamison LaVern Nelson, P.E. for Jerry Jamison Lee Morrison, Weld County Attorneys Office O:\ETCHWASTE\Tire MtrA030220insp.doc STATE OF COLORADO OFFICE OF THE STATE ENGINEER Weld County Planning Department •C000 Division of Water Resources GREELEY OFFICE '$`,i Department of Natural Resources May 19, 2003 MAY 2 2 .r 1313 Sherman Street, Room 818 Denver,Colorado 80203 2003 �te_76 Phone(303)866-3581 RECEIVED FAX((303)866-3589 Bill Owens www.water.state.co.us Governor Ms. Sheri Lockman Greg E.Walcher Executive Director Weld County Planning Department Hal D.Simpson,P.E. 1555 North 17th Avenue State Engineer Greeley, Co 80631 Re: Tire Mountain / Site Specific Development Plan and Special Review Permit N1/2 of the S1/2 of the SE1/4 of Sec. 32, T3N, R65W, 6th P.M. Water Division 1, Water District 1 Dear Ms. Lockman: As you may already know, the State Engineer's office through a Memorandum dated August 7, 1995 informed the counties that effective August 31, 1995, this office will no longer respond to land use actions that do not involve the subdivision of land as defined in Section 30-28-101(10)(a) C.R.S. (see-attached memorandum). These actions include but are not limited to lot line adjustments, zone change request, special use land and division by exemption. This referral does not appear to qualify as a "subdivision". However, review of the submitted material indicates that the applicant "Tire Mountain, Inc." is proposing to expand the 120 acres outdoor storage facility in Hudson Colorado. The existing facility consists of 45 tire storage areas over 80 acres. The proposed expansion area consists of the remaining 40 acres. An office/maintenance building and several storage lots are also located on the property. As a result of this expansion it appears that the main concern is the fire hazard. According to our records, on November 25, 2002, the applicant obtained a well with permit number 246219 to be constructed on the Tire Mountain, Inc. property and to be used for fire-fighting purposes. Additionally, a 2,200 gallons underground water tank is available behind the office/maintenance building. If you have any question in this matter please contact this office at 303/866-3581. Sincerely, Xgetvig- 7E/Lc Kevin G. Rein Water Resource Engineer Cc: Jim Hall, Acting Division Engineer KGR/IC • C. COLORADO STATE .1. OffICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Rxnurces )1313 Sherman Street,Room 818 t Denver,Colorado 80203 Phone(303)866-3581 FAX(3031 866-3589 Roy Romer Governor lames S.Lochhead August 7, 1995 Executive Director Hal D.Simpson State Engineer MEMORANDUM TO: ALL COUNTY LAND USE PLANNING TO Q5,47 FROM: HAL D. SIMPSON, STATE ENGINEER , A SUBJECT: STATE ENGINEER'S COMMENTS ON PROPOSED WATER SUPPJIPS FOR LAND USE ACTIONS THAT DO NOT INVOLVE THE SUBDIVISION OF LAND AS DEFINED IN SECTION 30-28-101(10)(a), C.R.S. This memorandum is to inform you of procedural changes in providing "an opinion regarding material injury likely to occur to decreed water rights by virtue of diversion of water necessary or proposed to be used to supply the proposed subdivision and the adequacy of the proposed water supply to meet requirements of the proposed subdivision", as required under section 30-28-136(h)(I), C.R.S. (1986 Repl, Vol.). In June of 1992, HB92-1156, required that recommendations be made within 21 days after the mailing by the county. No additional staff was allocated to implement this accelerated review. I find that with the increased developmetifactivity in the sfate,-my staff canaot- respond in a timely manner to all of the land use referrals we receive. • Therefore, in order to allow our timely comments on all SUBDIVISION OF LAND referrals as mandated by section 30-28-136(h)(I) C.R.S., effective AUGUST 31, 1995, THIS OFFICE MU. NO LONGER RESPOND TO LAND USE ACTIONS THAT DO NOT INVOLVE i'HP, SUBDIVISION OF LAND AS DEFINED IN SECTION 30-28-101- (10)(a) C.R.S. (1986 REPL. VOL.). These actions include but are not limited to lot line adjustments, zone change requests, special use of land, and division by exemption. After August 31, 1995, we will not respond to or maintain records on any referral we receive that does not address the subdivision of land as defined in section 30-28-101(10)(a) C.R.S. Enclosed is a "Water Supply Information Summary" form which as of August 31, 1995 we will require to be submitted along with each subdivision referral in order fox us to be able to respond in a timely manner. I ask that you provide copies of this form to all future subdivision applicants along with your application package. The data required for this County Land Use Planauyg Directors . Page 2 August 7, 1995 summary should be provided by the applirant from their water supply report as required under section 30-28-133(d)(I),(11),(111),and (IV) C.R.S. (1986 Repl. VoL). We will base future reviews on the information provided on the summary form. Your planning staff may refer to the attached guidelines to assist them in preliminarily determining whether a well permit might be available. County planners and reviewers should keep in mind that the issuing of a well permit does not assure that an adequate well can be developed on the parceL Also, well test and pump tests conducted in conjunction with well construction are not always reliable indicators of long term ground water production rates. The long term adequacy of any ground water source may be subject to fluctuation due to hydrologic and climatic conditions. Please inform your planning staff of our procedural changes and the guidelines related to the issuing of well permits. I regret having,to make these changes but our resources are extremely limited due to growth related work load increases, so we can only provide services required by statutes. xc: Jim Lochhead, Executive Director, DNR Weld County Planning Department GREELEY OFFICE STATE OF CO o0 Bill Owens,Governor Douglas H.Benevento,Executive Director /pFco�o Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.S. Laboratory Services Division Denver,Colorado 80246-1530 8100 Lowry Blvd. Phone(303)692-2000 Denver,Colorado 80230-6928 • Prays 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 May 23, 2003 Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 Re: Tire Mountain, Inc SW WLD TIR 2.2 Dear Commissioners: The Hazardous Materials and Waste Management Division (the Division) of the Colorado Department of Public Health and Environment (the Department)provided a public comment period between February 4, 2003 and March 10, 2003 for members of the public to review and make comments concerning this application. The Division did not receive any comments. As background information, a Division Compliance Advisory dated October 4, 2003 was issued to Tire Mountain; see enclosure. The latest submission addressed the Compliance Advisory. The Division is also concerned that adequate financial assurance for closure and post-closure care at the facility be maintained at all times. The financial assurance is to be based on actual operational conditions. The Division has determined that the ongoing operation of a well-run tire facility is in the best interest of all parties. Further that the inclusion of the additional 40 acres to the site and having the facility under one common Certificate of Designation(CD) and Operation Plan is in the best interest of all parties. It is with these comments in mind and the requirement that the following conditions become a part of the record and an enforceable set of conditions of the new Certificate of Designation and the Weld County Conditional Use (Use by Special Review, USR-842) approval that the Department recommends approval of this application. Condition 1. Once the map of the storage area is finalized and filed with the County on the presumed 24 by 36 inch format a copy be forwarded to the Division for its files. Condition 2. That the fire protection plan for the site contain an internal permit or other means to preclude activities such as welding, grinding, or other spark sources from areas near tire storage. Weld County Commissioners May 22, 2003 Page 2 Condition 3. The facility is to specify the sequence of pit construction on the new 40-acre parcel (i.e. west to east). It is expected that active tire pits will be close to full prior to excavation of additional pits. Condition 4. Financial assurance is to be finalized prior to the use of the new 40-acre portion of the site. It is assumed that the tires are currently an unused resource. Based on the submitted information it is also assumed that the site will have a life of approximately 20 years. It is further assumed that the tires will begin to be used in one or more material recovery or recycling operations over that time period. Therefore, if tires are not being used within ten years after closure, filled tire pits containing tires will have to be covered with a minimum of two feet of soil. Pits that are either partially filled or unused shall be filled to grade with soil. Towards that end the Division has used the costs submitted by the applicant for covering a pit in case of fire to estimate the total potential financial assurance target dollar amount. The facility is to amortize the financial assurance over the projected life of the site and remain in compliance with the financial assurance requirements set forth in regulation. Please contact Doug Ikenberry at 303/692-3389 or Glenn Mallory at 303/692-3445 if you have any questions regarding this matter. Sincerely, y1;0 Douglas M. Ikenberry Glenn F. Mallory Solid Waste Unit Solid Waste Unit Leade Compliance Program Compliance Program enclosure (October 4, 2002 Compliance Advisory) cc William Allison, AGO (w/o letter) Cindi Etcheverry, WCBD (w/o letter) Kenneth Lind, Esq. (w/o letter) LaVem Nelson, (w/o letter) Wes Scott, Platteville/Gilcrest Fire Protection District (w/o letter) Lee Morrison, Weld County Attorney(w/o letter) Sheri Lockman, Weld County Planning (w/o letter) Jerry Jamison, Tire Mountain(w/o letter,with invoice) .01 • STATE OF COLORADO Bill Owens,Governor Douglas H. Benevento,Acting Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado ye j o 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division * Denver,Colorado 80246-1530 8100 Lowry Blvd. Y «* Phone(303)692-2000 Denver,Colorado 80230-6928 W0Id County Planning I� ?��J'ftlt ta76. TDD Line(303)691-7700 (303)692-3090 GREELEY OFF Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us JAN 1 3 Z003 and Environment C nE�Lr January 8, 2003 Ms. Sheri Lockman Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: Tire Mountain, Inc. Application for a Site Specific Development Plan and Second Amended Use by Special Review (USR-842), Weld County Referral dated December 2, 2002 Dear Ms. Lockman, The Hazardous Materials and Waste Management Division(Division) of the Colorado Department of Public Health and Environment (Department)has completed review of the above referenced application. The application documents were attached to a Weld County Department of Planning Services Referral cover sheet dated December 2, 2002. We appreciate Tire Mountain's efforts in seeking to combine all relevant parcels by amending the existing certificate of designation(CD). However, as you know, the Division issued the enclosed compliance advisory to Tire Mountain on October 4, 2002. Our compliance advisory states, "For example, Tire Mountain's operations do not comply with the currently approved design and operations (D & O)plan, and Tire Mountain does not have adequate financial assurance for closure and post-closure care." Our position concerning these issues has not changed. Consequently, it is imperative that a revised D & O plan that properly addresses the concerns listed in our October 4, 2002 compliance advisory be incorporated into the amended USR documentation. In addition, state approval of a revised D & O plan is dependent on joint Department and County approval of the corresponding financial assurance cost estimate. Further concerns regarding the referenced application are emphasized below: A. The Division's August 23, 2002 Tire Mountain annual inspection letter acknowledges that a verbal agreement was made concerning above grade tire placement at our April 15, 2002 meeting with Weld County [and Tire Mountain] representatives. As addressed in item 1 of our October 4, 2002 compliance advisory, Tire Mountain has been given an opportunity to submit a revised D & O plan that proposes tire placement above grade in the cells (i.e., to certain specified limits) as opposed to physically removing the above grade tires. The Use by Special Review drawings (dated November Ms. Sheri Lockman January 8, 2003 Page 2 2002) included in the application are considered as a revised, albeit inadequate D & O plan, that must be modified to clearly specify a maximum tire height relative to the surface of the adjacent fire lanes. Please refer to item number 15 of the comments in the Attachment to this letter. B. Ken Lind's November 15, 2002 letter to the Department states that the fire control issues will be the responsibility of the Platteville/Gilcrest Fire Protection District, especially as to necessary equipment and personnel. We do not agree that this approach in lieu of an acceptable fire control plan meets the intent of the Regulations. Please see item 2 of our October 4, 2002 compliance advisory and item number 4 in the Attachment. Since the tires are proposed to be left uncovered at closure, it is vital that the fire control plan provide appropriate procedures that detail the means to be used to extinguish fires including the corresponding equipment and personnel. A comprehensive and explicit fire control plan is of paramount importance, not only for protecting the public health and environment, but also because the approved fire control plan will be used as a basis for evaluating the facility's financial assurance cost estimate. It is the intent of the regulations that the fire control plan be submitted for review and approval by the local fire control authority, as well as the Department and the local governing body. We require that a suitable site specific fire control plan be crafted and that it be included in the application documentation. C. Ken Lind's November 15, 2002 letter also states, "As to the financial assurance, that is obviously dependent upon development standards promulgated by Weld County in cooperation with the referral agencies." Please see item 3 of our October 4, 2002 compliance advisory. As a point of clarification, the solid waste regulations prescribe that the Department shall consult with the governing body having jurisdiction prior to accepting an applicant's financial assurance. Accordingly, the financial assurance cost estimate is dependent upon state approval. We emphasize that state approval of the revised D & O/fire control plan is dependent on state approval of the corresponding financial assurance cost estimate. Since the modified development plan has yet to be approved, a requirement needs to be set forth that an adequate financial assurance cost estimate must be developed and approved and a supporting financial instrument is to be funded in order for this modification to the Site Specific Development Plan and Amended Use by Special Review and CD to be fully valid. D. Vern Nelson's December 3, 2002 letter to the Department states, "The revised design and operation(D & O) plan will include the entire permitted area with regard to tire height, excavation of and replacement of fire lanes, a fire control plan, equipment availability, and a financial assurance cost estimate." As indicated in item 4 of our October 4, 2002 compliance advisory, the currently approved permit design [and relevant development standard] requires that fire equipment access roads will be maintained year around as all weather roads using on site equipment to assure access to delivery trucks which exceed the weight of fire fighting equipment used at the site (50,000 Ibs). We are very concerned that destruction of the fire lanes could impede access during a fire(s) or if another fire starts before the lanes are repaired. See the comments pertinent to this topic in the Attachment. E. Attached are additional specific comments regarding the Appendix B Weld County Road Access Information Sheet, the Use by Special Review Questionnaire, and the Use by Special Review drawings included in the application package. Ms. Sheri Lockman January 8, 2003 Page 3 In closing, the Division will have a 30-day public comment period. A formal recommendation per the solid waste regulations will not be made until after we have reviewed any public comment that may be received. Please contact Doug Ikenberry at 303-692-3389 if you have any questions. Sincerely, Douglas M. Ikenberry Glenn F. Mallory Solid Waste Unit Solid Waste Unit Leader Compliance Program Compliance Program Attachment (Additional comments regarding the submitted application documents) Enclosure (Compliance Advisory dated October 4, 2002) Cc William C. Allison V, AGO (w/attachment and enclosure) Cindi Etcheverry, WCDPHE (w/attachment and enclosure) Kenneth F. Lind, Esq. (w/attachment and enclosure) LaVern C. Nelson, P.E. (w/attachment and enclosure) Wes Scott, Platteville/Gilcrest Fire Protection District (w/attachment and enclosure) Lee Morrison, Weld County Attorney(w/attachment and enclosure) Jerry Jamison, Tire Mountain, Inc. (w/attachment and enclosure) FILE: SW WLD TIR 2.2 1 Attachment to January 8, 2003 letter to Ms. Sherri Lockman with the Weld County Planning Department- Additional Hazardous Materials and Waste Management Division comments regarding the Tire Mountain Application for a Site Specific Development Plan and Second Amended Use by Special Review (USR-842) Appendix B —Weld County Road Access Information Sheet: 1) The Weld County Road Access Information Sheet indicates that there are three locations to access the Tire Mountain site. However, the Use by Special Review Vicinity Map, Plot Plan, Details drawing (sheet 2 of 3) indicates that there are only two existing access locations to the site. The application must be consistent throughout. Use by Special Review Questionnaire 2) The response to the item 2 question indicates that the proposal is consistent with Chapter 22 of the Weld County Code because (among other things) it "has no affect upon water or air quality." It is our position that the tires placed on site may present a potential fire hazard (as occurred in 1987) and a corresponding potential for adversely affecting water and air quality. 3) The response to the item 2 question indicates that the proposal is consistent with Chapter 22 of the Weld County Code because (among other things) it "will be in compliance with all Federal, State and County statutes, regulations and ordinances." Tire Mountain has to comply with the solid waste regulations as specified in our October 4, 2002 compliance advisory in addition to comments in the letter that accompanies this document. 4) The response to the item 5g question indicates that the Platteville/Gilcrest Fire Protection District will provide fire protection to the site. Please note the solid waste regulations require that Tire Mountain shall submit a site specific fire control plan to the Department and the local governing body having jurisdiction. This plan shall be in accordance with local fire codes and the plan shall be submitted to the local fire control authority for review and approval. 5) The response to the item 8 question states that storm water drainage will be detained on site in accordance with engineering, design, drainage and studies. The currently approved design drawings indicate that storm water can be directed off site via a system of culverts. Clarification is required concerning this apparent discrepancy. Use by Special Review Drawings 6) A Colorado registered professional engineer should properly certify the design drawings. 2 7) Drawing 1/3: There appears to be a typographical error with regard to the Parcel "B" legal description in that"N-1/2" should be replaced with "S-1/2." 8) Drawing 2/3: The Plot Plan and Sections B-B, C-C and D-D indicate typical fire lane width is 50 feet. The permit documentation should make clear that the fire lanes must be fifty(50) feet wide or (preferably) a minimum of fifty (50) feet wide. 9) Drawing 2/3: The cross-hatched legend indicates that available fire fighting/replacement soils are located exclusively at a 17,500 square foot area and at a 82,500 square foot area(detention pond) on the Plot Plan, whereas the entire site is cross-hatched as shown on the Vicinity Map. Clarification is required concerning this inconsistency. Moreover, we stress that destruction of the fire lanes may be problematic. If fire lanes are required to be destroyed in the process of fighting a fire, a short period of time to repair the damage should be allowed after the fire is extinguished. 10) Drawing 2/3: The typical excavation for fire fighting soil detail indicates that the depth of excavation will be+ 1 foot. The design needs to explicitly specify the maximum depth of excavation (e.g., 1 ft+ 0.1 ft) and how it will be controlled (e.g., by providing existing contours in the excavation areas). In addition, the design should provide procedures to detail and document that any over excavated areas are properly backfilled to the required elevation(s). 11) Drawing 2/3: According to the Plot Plan and the 1 foot excavation depth, only 100,000 cubic feet of soils would be available for fire fighting and/or apparently to be used as replacement soils for the fire lanes. This is only enough soil to cover one existing cell with an approximate average thickness of 3.9 feet (i.e., provided the tires are at grade and the soils are not lost into the tire mass, etc.). Per our October 4, 2002 compliance advisory, we are concerned that the proposed soil reserves for fire fighting are severely limited. 12) Drawing 2/3: The "Typical Cell Section B-B" note states, "Fill material to be compacted to at least 95% of ASTM D698 with native silty sands and sandy clays which will provide a stable subgrade for roads. The design should also include that suitable non-native silty sands and sandy clays may also be used for roads. In addition, the design documents should address how it will be determined and documented that the required soil types are used and that the required compaction is attained. 13) Drawing 2/3: Typical Cell Sections B-B and C-C provide vertical and horizontal dimension for the configuration of the finished cells. The design documents should also address how it will be determined and documented that the required cell dimensions (and fire lane dimensions) are achieved. 14) Drawing 2/3: Typical Cell Section C-C and the Plot Plan show that some of the center parcel cell dimensions will be increased to 305 feet in length. The currently approved development standards require that the cells be 550 feet in length, with internal fire breaks extending the full depth of the trench with a minimum 50 foot width at the top, to be constructed at the center of each trench. The effect of these requirements limit the existing cell lengths to only 250 feet in length. The internal fire break was evidently recommended in a document entitled "Fire Protection Evaluation for Scrap Tire Landfill" dated 3 December 5, 1988 and prepared by Glenn T. Hoynoski, P.E. Appropriate documentation that refutes Mr. Hoynoski's recommendations should be provided to support an increase in cell length to 305 feet, particularly in light of the proposal to store tires above grade. 15) Drawing 2/3: Typical Cell Sections B-B and C-C indicate that the typical tire surface is at the same level as the adjacent fire lanes. The design should explicitly specify a maximum tire height relative to the grade of the adjacent fire lanes. The design documents should also include procedures for determining and documenting that the tires are placed as specified. 16) Drawing 2/3: The terms "Crown" and"Existing Crown" as denoted in Sections A-A and D-D should be defined more explicitly. STATE OF COLORADO Bill Owens, Governor Douglas H. Benevento,Acting Executive Director Ov.CO Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division * V.; Denver,Colorado 80246-1530 8100 Lowry Blvd. * " Phone(303)692-2000 Denver,Colorado 80230-6928 *1876 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health httpliwww.cdphe.state.co.us andEnvironment October 4, 2002 CERTIFIED MAIL# 964 r/1 / d.2 1' Return Receipt Requested Mr. Jerry Jamison Tire Mountain, Inc. 12311 Weld County Road 41 Hudson, Colorado 80641 Re: Compliance Advisory—Tire Mountain, Inc. Dear Mr. Jamison: This Compliance Advisory provides notice related to information gained during a record review of Tire Mountain, Inc., conducted by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division(the "Department"). The record review was conducted to review the facility's response to the Department's August 23, 2002 inspection letter and the facility's financial assurance status. The Department advises you that the information gained during the record review indicates that Tire Mountain, Inc. may have violated Colorado's solid waste laws. Department personnel will review the facts established during this record review and this notice may be revised to include additions or clarifications as a result of that review. Please be aware that you are responsible for complying with the State solid waste regulations and that there are civil penalties for failing to do so. Section 30-20-113, C.R.S.provides that any person who violates the Solid Waste Disposal Sites and Facilities Act, sections 30-20-100.5 through 119, C.R.S. ("the Act") and the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1007-2 ("the Regulations") may be subjected to a penalty of not more than $2,000 per violation per day during the period that such violation occurs. The issuance of this Compliance Advisory does not limit or preclude the Department from pursuing its enforcement options concerning this record review including issuance of a Compliance Order and/or seeking an assessment of civil penalties. Also, this Compliance Advisory does not constitute a bar to enforcement action for conditions that are not addressed in this Compliance Advisory, or conditions found during future file reviews or inspections of your facility. Mr. Jerry Jamison October 4, 2002 Page 2 Based on the Department's July 23, 2002 inspection and subsequent record review,we find that Tire Mountain, Inc. is in violation of the Act and Regulations. For example, Tire Mountain's operations do not comply with the currently approved design and operations (D & O)plan, and Tire Mountain does not have adequate financial assurance for closure and post-closure care. Based on our April 15, 2002 meeting and Ken Lind's August 30, 2002 letter, we expect that a revised Tire Mountain design and operations plan that proposes changes to some of the existing permit requirements, and that includes an additional forty acres (approximately), will be submitted to the Department and Weld County for review by November 15, 2002. Set forth below are some of the Department's concerns that must be properly addressed in the November submittal. This list is not necessarily all-inclusive. 1) The Department and Weld County(either the Board of Weld County Commissioners or the Weld County Department of Planning Services, as appropriate)must review and approve the revised D & O plan including any changes to the current permit (e.g., with regard to tire height, excavation of the fire lanes between the trenches, expansion of the permitted area, etc.). 2) The revised D & O plan must incorporate a revised fire control plan that specifies the facility's fire lane locations and widths, means to be used to extinguish fires, and designation of a facility emergency coordinator. The fire control plan shall be in accordance with local fire codes and the plan shall be submitted to the local fire control authority. Consideration must be given to the idea that leaving the fires uncovered indefinitely requires commensurate post-closure site security. Also, the on-site soil reserves for fire fighting (proposed in Vern Nelson's June 10, 2002 correspondence) are of a finite quantity and their volume must be presented in three (not two) dimensions (i.e., access to the soil must be achievable by the heavy equipment proposed and the excavation depth must be limited). The heavy equipment must be readily available and the operators may also have to be professional fire fighters or individuals able to operate such equipment using supplied air and wearing appropriate protective clothing. The procedures that specify how on-site (and potentially off-site) soils would be accessed, excavated and transported to the fire(s)must be explicitly detailed in the plan. And, the plan must include a contingency that allows it to be amended in the event that the approved fire control procedures are no longer viable(e.g., change of soil source). 3) The revised D & O plan shall incorporate a mechanism for triggering adjustment to the financial assurance funding based on the potential for reduced/exhausted funds and/or on a dynamic fire control plan. The revised D & O plan must be accompanied by a separate financial assurance submittal that is based upon revised fire control procedures and closure and post-closure care cost estimates. The latest financial assurance cost estimate, as proposed in Vern Nelson's June 10, 2002 correspondence, is unacceptable. A conservative scenario in which more than one pit is ignited(e.g., due to vandalism)must not be overlooked. And, more than one fire event may occur if the tires are left uncovered. We emphasize that all third party financial assurance cost estimates must be directed to the state. The May 30, 2002 Mountain Constructors letter(attached to Vern Nelson's June 10, 2002 letter) is not directed to the state and only provides hourly rates for the proposed equipment to do emergency work. The third party cost estimates must definitively identify the specific l Mr. Jerry Jamison October 4, 2002 Page 3 fire control procedures to which they apply and cover all aspects.(e.g., labor and relative estimates of equipment capabilities) of the work. State approval of the revised D & O/fire control plan is dependent on state approval of the corresponding financial assurance cost estimate. Moreover, Tire Mountain, Inc. is responsible for financial assurance coverage of all aspects of fire fighting at Tire Mountain. 4) Item 2 of Vern Nelson's June 10, 2002 letter states, "Should fire lane dirt be used for fire control,the lane(s)will be restored from available on-site dirt within a reasonable time, not to exceed six months." Incidentally, based on a comparison of the thawing attached to Vein Nelson's June 10, 2002 letter and the permit drawings, it appears that the office and the 32,750 square feet of"available"on-site replacement dirt is not located within the currently permitted area. Clarification is required regarding this matter. Nonetheless, the currently approved design requires that, "Fire equipment access roads will be maintained year around as all weather roads using on site equipment to assure access to delivery trucks which exceed the weight of fire fighting equipment used at the site (50,000 lbs.)" Destruction of the fire lanes may be problematic because it could limit access during a fire(s) or if another fire starts before the lanes are repaired. Should a variance from this requirement be allowed,the roads must be properly restored within a maximum of thirty days after the time that they are disturbed,provided that access to other potential fires is not hindered in the interim. Your response to this compliance advisory will have an impact on how we proceed. Failure to respond in an appropriate manner and time frame may result in further action. You may contact me at 303.692.3389 or Glenn Mallory at 303.692.3445 concerning the deficiencies detailed under this Compliance Advisory. Your legal counsel may contact William C. Allison Vat 303.866.5361 to discuss the legal aspects of this case. Sincerely, haz1 !Neat(1-€A4 - Douglas M. Ikenberry Glenn F. Mall Solid Waste Unit Solid Waste Unit e Compliance Program Compliance Program Cc: William C. Allison V,AGO Cindi Etcheverry, Weld County Department of Public Health and Environment Kenneth F. Lind, Esq. LaVem C.Nelson, P.E. Sherri Lockman, Weld County Department of Planning Services Wes Scott,Platteville/Gilcrest Fire Protection District Lee Morrison, Weld County Attorney FILE: SW WLD TIR 1.6 STATE OF COLORADO ^, Bill Owens, Governor -- Jane E.Norton, Executive Director OF.CoLo Dedicated to protecting and improving the health and environment of the people of Colorado • 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division Denver,Colorado 80246-1530 8100 Lowry Blvd. �*x�"""'* Phone(303)692-2000 Denver,Colorado 80230-6928 .._le7e.. 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 Weld Count p. ".11at August 23, 2002 SP 0 3 2002 Mr. Jerry Jamison " s . Tire Mountain, Inc. - 12311 Weld County Road 41 Hudson, Colorado 80642 RE: Tire Mountain Disposal Facility, 2002 Annual Inspection Weld County, Colorado Dear Mr. Jamison, On Tuesday July 23, 2002, a representative of the Solid Waste Unit of the Hazardous Materials and Waste Management Division (Division) inspected the Tire Mountain Disposal Facility, located seven miles north of State Highway 52 near Hudson, in Weld County. The purpose of the inspection was to assess the compliance of the facility with the minimum standards of the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended, and the Regulations promulgated thereunder, 6 CCR 1007-2 (Regulations). A copy of the inspection report is enclosed for your reference. The results of the inspection indicate that the facility is operating in substantial compliance with the Regulations at this time with the following exceptions. During the inspection it was observed that tires were stacked above existing grade in the cells, contrary to the facility design drawings. We acknowledge that a verbal agreement was made concerning above grade tire placement at our April 15, 2002 meeting with Weld County representatives. However, a formal modification to the Weld County permit documents that authorizes above grade tire placement has yet to be promulgated. Consequently, above grade tire placement is considered to be a violation of parts 1.3.9(A) and 2.1.1 of the Regulations. Also, the Division is continuing its review of the as yet to be accepted cost estimate upon which the financial assurance instrument is based. Please respond to this letter by September 30, 2002 regarding the status of the proposed amendments to USR-842 and the expected time frame they are to be submitted to Weld County. Mr. Jerry Jamison August 23, 2002 Page 2 Please contact me at 303-692-3389 if you have any questions. Sincerely, .S-LAAT Douglas M. Ikenberry Solid Waste Unit Compliance Program Enclosure Cc: Sherri Lockman, Weld County Department of Planning Services (w/o enclosure) Cindi Etcheverry, Weld County Department of Public Health and Environment (w/o enclosure) Kenneth Lind, Esq. (w/o enclosure) LaVern C. Nelson,P.E. (w/o enclosure) FILE: SW WLD TIR 1.2 COLORADO DEPARTMENT of PUBLIC HEALTH & ENVIRONMENT HAZARDOUS MATERIALS and WASTE MANAGEMENT DIVISION SOLID WASTE DISPOSAL SITE AND FACILITY INSPECTION This inspection is conducted pursuant to TITLE 30,ARTICLE 20,Part 1, § 113(6)C.R.S Date: - 23 - 0 2--Time In: in, 0 Q awl Time Out: ('2_'t 3O e Yv. Facility Name: TIRE MOUNTAIN Facility Location: 12311 Weld County Road 41 County: WELD ID: 123-LFL-040 Inspection Type: LLA4&YIVIQUYICC Photos: Weather Conditions: Sunny Wind Speed&Direction: Temperature: S ° F JAMISON TOOL, Org: INCORPORATED Org: TIRE MOUNTAIN, INC. Name: Jerry &Faye Jamison Name: Mike Jasso Address: 12311 Weld County Road 41 Address: 12311 Weld County Road 41 City: Hudson City: Hudson State: CO Zip: 80642 - State: CO Zip: 80642 - Phone: (303) 573-5744 Phone: 3035735744 Email: Email:ik ' : s,O cirla • Er as - -v - WCIPHE 970- .4- . 415 zzZO �• s . • VY Infillna O - • ' - ntl July,2002-Page 1 of 4 Facility Representative Ini Facility Name: TIRE MOUNTAIN Date: -T _ 23 July,2002-Page 2 of 4 Facility Representative huh Facility Name: TIRE MOUNTAIN Date: `7 -23 -0-7- , 1 Access Control 2.1.8 �( 2 Adequate Signage 2.1.8 3 Minimize Nuisance 2.1.3 4 Adequate Intermediate Cover 1.2 5 Adequate Daily Cover 3.3.4(A) X 6 Alternate Daily Cover Type: 3.3.4(B) ?C 7 Final Cover Integrity 3.6.1(A)(2) �( 8 Compaction 2.1.10 dfack_koe 2-trucksX 9 Equipment 3.3.2(E) loaders eras x 10 Waste Distributed in Smallest 2.1.10 rac{a-r ?' 11 Working Face Size (ht x lgth) 2.1.10 )( 12 Restricted Unloading Area _ 2.1.10 X 13 Wind Speed Monitoring 2.1.11 14 Prevent Windblown Debris 2.1.11 X 15 Prevent Debris From 2.1.7 x 16 Perimeter Fence 2.1.8 )( 17 Lack of Debris Accum. on 2.1.7 X 18 Dust Control 2.1.3 �( 19 Perimeter Run-On Controls 2.1.6 �( 20 Water Diverted From 3.2.6(a) 21 Surface Water Drainage-No 2.1.10 X 22 Ground Water Monitoring 2.2 23 GW Mon. Syst. Properly 2.2.1(A) X 24 Explosive Gas Monitoring 2.3 )( 25 ExGas Mon Syst. Properly 2.3.4 ie' M1 idly P9~\ a s,'ytNfBq i 1 Certificate of Designation 1.3.3 0 ice X 2 Design& Operation Plan 2.4.1 3 As-Built Operation Plan 3.4(D) 4 Waivers 3.4(E) & (F) 5 Waste Characterization Plan 2.1.2(C) -__ X 6 Waste Characterization 2.1.2(C)(2) 7 Waste Types 3.3.2(C) MIME ME X 8 Waste Volumes 3.4(A) 9 Financial Assurance 2.4.2(H) —___ W ZP 10 Ground Water Monitoring 3.4(B) 11 Explosive Gas Monitoring 3.4(C) W = Wffv tvl — DYOCeSS July,2002-Page 3 of 4 Facility Representative Initial I 6 Facility Name: TIRE MOUNTAIN Date: 7 - 23 — 02-- 12 Leachate 2.4.2(D) • 13 Employee Training 2.1.2(B)(3) x __ 14 Location Restriction 2.4.2(A) 15 Closure &Post-Closure 2.4.2(F) ligelni__ HSRF: Yes Quantity Verification Method: t i_I_ yt '=itlX- ddb LlCe� ti 4Z ceUs of en 0✓ 1"Itke J&sa July,2002-Page 4 of 4 Facility Representative Initial-42— SOLID WASTE DISPOSAL SITE AND FACILITY INSPECTION BACKGROUND INFORMATION REPORT Facility Name: TIRE MOUNTAIN Facility ID: 123-LFL-040 Facility Address: 12311 Weld County Road 41 Section: Township: Range: County: WELD Date of Last Inspection: 06/26/2001 Inspector: Doug Ikenberry Date Facility opened: 12:00:00 AM Comp. Status: Substantial Anticipated closing date: 12:00:00 AM CD Issuing Jurisdiction: Weld County Commissioners CD Expansion date: CD Issue Date: 12:00:00 AM Acres added for disposal: Total acres added: Financial assurance type: Certificate of Deposit Financial assurance status: Subject to HSRF: YES NPL: NO ERS: NO ., Li s . :r Primary Facility Type: Landfill 5-O ceU5 e Total Acres permitted: 80 (00/ X Z5o' X IS Acres approved for disposal: 80 Vol. Approved: 694,444 Acres Constructed: 61 Vol. Used: 52,918 Acres remaining: 19 Vol. Remaining: 641,526 Landfill Gas Ground Water Wells Leachate 1 Tires Y 2 Animal Burial N 3 Brine N 4 Industrial N 5 Ash N 6 Septage N July, 2002-Page 1 of 2 Facility Representative Initial Facility Name: TIRE MOUNTAIN Date: ? ,23 -O 7 Bio Medical N 8 Water Treatment N 9 International Flight Waste N 10 Contaminated Soil N 11 Construction Demolition N 12 Asbestos Friable N 13 Sand Trap N 14 Inert Rubble N 15 Sludge N 16 Mine Waste N 17 Municipal Commercial N 18 Waste Water N Mine Land Reclamation 1 Air N 2 Bureau N 3 Water N _ 1,783 4,352 5,902 `, �11 n'+,�t �- h � 1 • .{ :e Y3'i?t _ iu< !' ✓..rill i. f Fk� Xk lBV 1' .�_1. 1 Certificate of Designation 1.3.3 Site 2 Design& Operation Plan 2.4.1 Site 3 As-Built Operation Plan 3.4(D) Site 4 Waivers 3.4(E) & (F) Site 5 Waste Characterization Plan 2.1.2(C) Site 6 Waste Characterization Records 2.1.2(C)(2) Site 7 Waste Types 3.3.2(C) Site 8 Waste Volumes 3.4(A) _ Site 9 Financial Assurance 2.4.2(H) Site 10 Ground Water Monitoring 3.4(B) Site 11 Explosive Gas Monitoring 3.4(C) Site 12 Leachate 2.4.2(D) Site 13 Employee Training 2.1.2(B)(3) _ Site 14 Location Restriction Demonstration 2.4.2(A) Site 15 Closure &Post-Closure 2.4.2(F) Site July, 2002-Page 2 of 2 Facility Representative Initial VVem County Plann Department GREELEY OFFICE C) APR 1 8 2003 .3 ,c RECEIVED Weld County Referral ' March 3, 2003 D C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jarrald A. &Jaye L.Jamison Case Number 2n°AmUSR-842 Please Reply By March 31, 2003 Planner Sheri Lockman Project Site Specific Development Plan and Special Use Permit for a Commercial Junkyard and Salvage Yard (tire landfill,storage and recycling facility)in the 1-3 (Industrial)Zone District. Legal S2 SE4 and Lot A&Lot B of RE-1367;also described as the S2 N2 SE4 of Section 32, T3N, R65W of the 6th P.M.,Weld County,Colorado. Location West of and adjacent to WCR 41 and North of and adjacent to WCR 26 section line. Parcel Number 1213 32 000019, 1213 32 000020, 1213 32 000023, & 1213 32 000024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) May 20, 2003 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. reSee attached letter. Comments: Signature ,�f-42 OK4 Date — 7b — t7 3 Agency C Ct +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Platte Valley Soil Conservation.District 57 West Bromley Lane - Brighton, CO 80601 - Phone (303) 659-7004- Fax(303) 659-1768 March 12, 2003 CASE NUMBER: 2°'AmUSR-842 PROJECT: Site Specific Development Plan and Special Use Permit for Commercial Junkyard and Salvage Yard in I-3 Zone District PLANNER: Sheri Lockman NRCS REPESENTATIVE: Norman J. Wells,Jr., District Conservationist In consultation with the Natural Resources Conservation Service(NRCS), we have reviewed the above referenced case and have the following comments: SOILS/LIMITATIONS: The soils on this land parcel are classified as Olney loamy sand (44),Valent sand(70)and Vona loamy sand(72). These soil types have slight limitations for dwellings with or without basements. The Olney loamy sand and Vona loamy sand have moderate limitations for roads due to low strength.Valent sand has severe limitations for shallow excavations due to the potential for cutbank caving. For sanitary septic system absorption fields, these soil types have moderate to rapid permeability characteristics. In places the sandy substratum does not properly filter the leachate, resulting in minor limitations for this use. PRIME FARMLANDS: None of the soil types covered by this application are considered prime farmland. SOIL EROSION POTENTIAL: All of the soil types found on this parcel have high erosion potential due to wind. Appropriate measures should be taken to minimize wind soil erosion during construction activities, such as avoiding disturbances to large areas. Once construction is complete,disturbed areas that will not be used for normal operation should be stabilized with perennial vegetation, gravel or pavement. During operation activities, it is recommended that water be applied on a regular schedule to work areas to control dust and soil erosion. The NRCS can be contacted for more information on grasses suitable for the site and instructions for planting. OTHER: Unlined waste tire storage cells have the potential for contaminating ground water over time, particularly with the soil types found on this land. It is recommended that the potential for contamination of ground water be further investigated and considered in the approval process. The applicant should contact Ron Broda, Vegetation Weed Management Specialist with the Weld County Public Works Department at(970) 356-4000 X 3770 to develop a weed management plan. The District welcomes the opportunity to review and comment on proposals such as this. Conservation and wise use of out natural resources are foremost in our goals and objectives. We look forward to CONSERVATION - DEVELOPMENT-SELF-GOVERNMENT n working with you in the future. If you or the applicant should have any questions,please feel free to contact the NRCS representative at 303-659-7004. Sincerely, 4&t4r7,k&tt Bupervisors (.1" Ect (E; '�■� Weld County Referral VI I May 5, 2003 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jarrald & Faye Jamison, Tire Case Number USR-1361 Mountain Please Reply By May 27, 2003 Planner Sheri Lockman Project A Site Specific Development Plan and a Special Review Permit for a Solid Waste Disposal Site and Facility in the 1-3 (Industrial)Zone District, and a Certificate of • Designation. Legal N2 of the S2 of the SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, Colorado. Location South of WCR 28 and west of and adjacent to WCR 41. Parcel Number 1213 32 000019 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan lit"We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. • Comments: �t7�4.�_ cps UA.ntc' ,tu� �n YY nn� tkn,r • Snit", AlrJl�. fl I) A ft .NL t.a p �jK Jrv. I v nu w. ca�Qx iw\a1 /.? CfrnAarJ4 Signature C /� .1Q.;/ Date M rAiZo Zv0 3 Agency A I u1eQ,..,, •:•Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax MAY 7 ma PD9LIC WORKS CERT Weld County Referral WII May 5, 2003 D C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jarrald & Faye Jamison, Tire Case Number USR-1361 Mountain Please Reply By May 27, 2003 Planner Sheri Lockman Project A Site Specific Development Plan and a Special Review Permit for a Solid Waste Disposal Site and Facility in the 1-3 (Industrial)Zone District, and a Certificate of Designation. Legal N2 of the S2 of the SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, Colorado. Location South of WCR 28 and west of and adjacent to WCR 41. Parcel Number 1213 32 000019 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature 4it.. J1 .` L/ Date 3 - 1 Agency ��ir✓ (ldyr� ,✓L +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • Weld County Planning Department 611. 4 GREELE'v' OFFICE MEMORANDUM MAY 2 " 2003 E RECrE VE TO: Sheri Lockman, Planner II DATE: 5/23/2003 C� FROM: Donald Carroll, Engineering Administrator d, . -c- COLORADO SUBJECT: USR-1361, Jarrald and Faye Jamison Tire Mountain The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the Use by Special Review Standards. Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: WCR 41 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector status road, which requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Traffic Counts: The average daily traffic count (ADT)for WCR 41 was 1,470 vehicles taken 8/5/2002. Tire Mountain entered into a Road Maintenance Agreement with the Weld County Public Works Department in 1989 for the owner's use of ingress and egress of WCR 41 from the tire landfill/storage/recycling facility. The owner agreed to pay the amount equivalent to 9% of the surface cost for two miles of WCR 41 from the end of the existing asphalt at WCR 22 north to the ingress/egress point at WCR 26. The improvements consisted of eight inches of aggregate base course and three inches of hot bituminous pavement. The finished cross section reflects a 24-foot wide road with four-foot graveled shoulders. REQUIREMENTS: Future Right-of-Way: The applicant shall reserve an additional ten feet of property parallel to WCR 41 right-of-way for future build out. Access/Off-Street Parking/Loading or Unloading: There is existing accesses associated with this facility. Utilize these access points. The off-street parking spaces including the access drive circulation through the cell area shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. The applicant identified the minimum of a 50-foot fire lane between cell areas to accommodate any emergency vehicles. The applicant should provide adequate documentation from the appropriate fire and emergency response jurisdictions that a 50-foot minimum width is adequate to accommodate this facility. Storm Water Drainage: The State of Colorado, Department of Health and Environment, Hazardous Material and Waste Management Division, has in place regulations for solid waste and disposal sites and facilities. I refer this portion of the storm water drainage plan to the Health and Environment Department as it deals with solid waste disposal The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. pc: USR-1361 M:\PLANNING\USR-1.doc MEMORANDUM ITO: Sheri Lockman, Planner II DATE: March 21, 2003 C FROM: Donald Carroll, Engineering Administrator ,JV • COLORADO SUBJECT: 2"d AmUSR-842, Jarrald A. & Jaye L. Jamison The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the purview of the Use by Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: WCR 41 is designated on the Transportation Plan Map as a collector status road, which requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3- 50, the required setback is measured from the future right-of-way line. Access: There is an existing access next to the office facility. Utilize this main access point to the facility. REQUIREMENTS: Future Right-of-Way: The applicant shall reserve an additional 10-foot of property parallel to WCR 41 right- of-way for future build out. Off-Street Parking/Unloading Area: The off-street parking spaces including the access drive and fire lanes shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. The fire lane shall be capable of handling the weight of any fire trucks/emergency vehicles. Storm Water Drainage: The State of Colorado, Department of Public Health and Environment Hazardous Material and Waste Management Division has in place a regulation for solid waste disposal site and facilities. I am referring this portion to the Weld County Health and Environment. pc: 2nd AmUSR-842 M:\PLANNING\USR-8.doc RECEIVED MAR 5 2003 t WELD OR;( ,DEFY Y tfw ' Weld County Referral March 3, 2003 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jarrald A.&Jaye L. Jamison Case Number 2"d AmUSR-842 Please Reply By March 31,2003 Planner Sheri Lockman Project Site Specific Development Plan and Special Use Permit for a Commercial Junkyard and Salvage Yard (tire landfill, storage and recycling facility)in the 1-3 (Industrial)Zone District. Legal S2 SE4 and Lot A&Lot B of RE-1367; also described as the S2 N2 SE4 of Section 32, T3N, R65W of the 6th P.M.,Weld County, Colorado. Location West of and adjacent to WCR 41and North of and adjacent to WCR 26 section line. Parcel Number 1213 32 000019, 1213 32 000020, 1213 32 000023,& 1213 32 000024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) May 20, 2003 LI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: • Signature d(kiii‘e ry y Date Agency [i4,Lc arc- U.A.s-n-tir LJJ +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning DPn rtment GRFFIF'" n MAY 3 0 2003 MEMORANDUM To: Sheri Lockmanim From: Dave Tuttle Date: April 8, 2003 Subject: 2"d AmUSR-842 The sheriff's office has no concerns with this Special Use Permit. The sheriffs office would however be willing to provide a program entitled Crime Prevention Through Environmental Design to the developer. This program reduces the likelihood of criminal activity at a specific location by"hardening" it to crime. The Sheriff's Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. PATNA OIL&GAS CORPORATION August 18, 2003 1625 Broadway, Suite 2000 Denver, Colorado 80202 (303) 389-3600 Weld County-Department of Planning Services (303) 389-3680 Fax 1555 N. 17th Avenue Weld County Planning Department Greeley,CO 80631 GREELEY OFFICE `61-' Re: 2ndAmUSR-842 AUG 2 1 2003 Township 3 North, Range 65 West, 6th P.M. Section 32: S/2N/2SE/4Weld County, Colorado R E C E g V E Ladies and Gentlemen: Patina Oil & Gas Corporation ("Patina") has been contacted by Weld County Department of Planning Services regarding the proposed Site Specific Development Plan and Special Use Permit for a Commercial Junkyard and Salvage Yard on portions of the captioned property ("Property"). Patina operates the Webb 32-9J5, 32-10J5 oil and gas wells ( the "Wells"), associated pipelines and production facilities located on and immediately adjacent to the Property. Patina also has the right to drill a new well located south of the Wells. Patina is concerned about the impact the proposed development will have on Patina's ability to produce, operate and maintain the Wells, pipelines, access roads and production facilities on the Property. Patina has not had any direct discussion with Jerrald and Jaye Jamison ( the "Owners") relative to this proposal. There is currently no agreement with the Owners and Patina has received no written confirmation from the Owners that Patina's real property rights to use a reasonable portion of the surface for oil and gas operations and development are being preserved. Patina requests assurance from the Weld County Department of Planning Services that the proposed development will not preclude Patina from producing, operating, drilling and maintaining its Wells and related facilities. Until this matter is resolved by agreement with the Owners, Patina is not waiving its rights as a leasehold owner. Any approval of the proposed development should be conditioned upon the preservation of Patina's real property rights that allow it to make reasonable use of the surface of the lands for oil and gas development and operations. The proposed development must take into account and provide adequate setbacks from Patina's current and future well sites, pipelines and production facilities as well as continuous access to these facilities. Patina requests that these comments be entered into the record for the proposed development and that we continue to be provided with advance notice of all other hearings affecting the Property. If you have any questions, please feel free to contact Dave Padgett at(303)389-3699. Sincerely, PAT IL& CORPORAITON avid . S le Vice President cc: Jarrald& Jaye Jamison EXHIBIT Kenneth F. Lind,Esq. Fax(970)356-1111 P. David Padgett 1 L� 09/02/2003 10: 35 3035957410 PATINA OIL&GAS_C RP PAGE 01/03 PATS NA OIL & (lAS CORPORxnori Facsimile Cover Sheet To: /< 6&o Company: '�` ✓ Phone: �9a Fax: 5670 -l// 470 3og_4,4L4p From: [ NUUE Pia Company: Patina Oil & Gas Corporation Phone: 303-389-36e 19 Fax: 303-595-7410 Date: jiver a, a 3 Pages, including Cover page: 3 _ Comments: CONFiveltlAury Nd1ICE Tics FACSIMILE TRANSMISSION AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION BELONGING TO THE SENDER FOR THE USE OF THE ADDRESSEE NAMED HERELY AND MAY BE CONFIDENTLAL AND LEGALLY PRIVILEGED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGSM RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT. AND HAVE RECEIVED THIS TRANSMISSION IN ERROR. ANY DISCLOSURE, COPYING,DISTRIBUTION,OR ACTION TAKEN IN RELIANCE ON THE CONTENTS OF THE INFORMATION CONTAINED IN TILLS FACSIMILE TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR. PLEASE IMMEDIATELY NOTIFY TIDE SENDER BY TELEPHONE (303) 38-3600 (IF LONG DISTANCE PLEASE CALL COLLECT) AND RETURN THE ORIGINAL TO THE SENDER'S ATTENTION VIA THE UNTIE STATES POSTAL SERVICE.TRUNK YOU. 09/02/2003 10:35 3035957410 PATINA 0IL&GAS,CIRP PAGE 02/03 PATINA OIL&GAS CORPORATION 1625 Broadway. Suite 2000 Denver, Colorado 80202 (303) 389-3600 (303) 389-36eo rn September 2,2003 ,.Kenneth F. Lind,Esq. US MAIL&FAX(970)356-1111 Lind,Lawrence&Ottenhoff LLP 1011 11"'Avenue P.O.Box 326 Greeley,Colorado 80632 RE: Tire Mountain 2"°AmUSR-842 Township 3 North,Range 65 West,6th P.M. Section 32: S/2N/2SE/4 Weld County,Colorado Dear Ken, Pursuant to our recent phone conservation, it is the understanding of Patina Oil &Gas Corporation("Patina")that your client may be willing to dedicate a tract of land on the captioned parcel for the drilling of a future oil and gas well. We have also discussed this issue with your engineer,Mr. Vern Nelson,and seem to have reached a consensus that a future well could he located approximately 925' FEL and between 1400' to 1600' FSL of Section 32 Township 3 North,Range 65 West,6'h P.M. This location would place a future well no closer than 150' from the nearest existing or proposed tire storage cell and within boundaries of the center drilling window for aarffth well located in the quarter section pursuant to Rule 318A. You may recall that Patina would need a drill pad with dimensions of approximately 200'X 300'. Attached is a sketch showing the approximate location of the future drill site,pipeline and access road in relationship the existing and proposed surface features.Please review this letter and the attached sketch with your client. If they are acceptable, we would appreciate your revising the plat submittal to Weld County to reflect this amendment.If our proposal is acceptable,Patina will notify Weld County Department of Planning Services and formally remove our objection to your USR and plat. I will be out of the office from September 3'd through September 11`h. Please discuss this matter with David Siple in my absence so that it can be resolved prior to your September 4th hearing. Mr. Siple can be reached at(303)389-3668. Regards P. 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