HomeMy WebLinkAbout20010908.tiff ��� RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1198 FOR AN OIL
AND GAS SUPPORT AND SERVICE FACILITY (BRINE WATER DISPOSAL) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ENVIRO-CYCLE, LLC/MIKE CERVI
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 April 30, 2001, a Show Cause Hearing was conducted to consider
revocation of a Site Specific Development Plan and Use by Special Review Permit#1198 for an
Oil and Gas Support and Service Facility (brine water disposal) in the A (Agricultural) Zone
District, issued to Enviro-Cycle, LLC, do Howard Boatright, 2975 State Farm Road #4, Evans,
Colorado 80621, at which time the Board deemed it advisable to continue the matter to
Wednesday, July 25, 2001, at 10:00 a.m., to allow the property owner additional time to
complete the remaining outstanding items for compliance, and
WHEREAS, a meeting was held on June 11, 2001, to consider setting an earlier hearing
date for the Show Cause Hearing, at which time the Board continued the matter to June 18,
2001, in order to accommodate scheduling conflicts of the property owner, and on June 18,
2001, the Board deemed it advisable to set the Show Cause Hearing date for June 25, 2001,
with the consent of the property owner.
WHEREAS, at said hearing on June 25, 2001, Mike Cervi, 19094 Weld County
Road 40, LaSalle, Colorado 80645, current owner, was present to represent the facility located
on property which is located in part on the following described real estate, to-wit:
N1/2 NW1/4 of Section 32, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, after hearing all testimony presented, the Board found by a preponderance
of the evidence that the terms and conditions of Use by Special Review Permit#1198 had not
been met and deemed it advisable to revoke Site Specific Development Plan and Use by
Special Review Permit#1198 in accordance with Development Standard #32 specifically citing
noncompliance with the following Development Standards:
1. The operator has failed to provide a manager, knowledgeable in
operating an injection well, on site when the facility is receiving waste in
conformance with Development Standard #4.
2 The operator has failed to operate the facility in a manner to ensure
contamination of soil and groundwater does not occur, and has failed to
ensure that the waste is properly disposed of in a manner consistent with
applicable laws and regulations in conformance with Development
Standards #3 and #16. This is based on several leaks and spills that
have occurred and the unpermitted frac tank cleaning that previously
occurred at the facility.
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SHOW CAUSE HEARING - USR#1198 - ENVIRO-CYCLE, LLC/MIKE CERVI
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3 The underdrain has not been properly and timely tested and the fluids
analyzed in accordance with Development Standard #19.
4. The actions of the manager and employees are imputed to the owner and
operator in accordance with Development Standard #32 which reads:
"The property owner or operator shall be responsible for complying with
all of the foregoing Development Standards. Noncompliance with any of
the foregoing Development Standards may be reason for revocation of
the Permit by the Board of County Commissioners."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Site Specific Development Plan and Use by Special Review
Permit#1198 for an Oil and Gas Support and Service Facility (brine water disposal) in the
A (Agricultural) Zone District, issued to Enviro-Cycle, LLC/Mike Cervi, be, and hereby is,
revoked.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of June, A.D., 2001.
BOARD O OUNTY COMMISSIONERS
WELD NTY, COLORADO
ATTEST:
!,�/ M. J. ei ChM-
We my Clerk f ea/
Glenn Vaad, Proms_--
B
361 1( =` .� the Board
Will' . Jerke (�
0 F3RM: `` O
vi E Long
ounty 'tt. ey
Robert D. Masden
Date of Signature: H A/
Date of Execution: /4�o
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