HomeMy WebLinkAbout20011259.tiff RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR CERTIFICATE
OF DESIGNATION AND USE BY SPECIAL REVIEW PERMIT#842 FOR A SOLID
WASTE DISPOSAL SITE -TIRE MOUNTAIN, 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 January 25, 1989, the Board did approve the
application of Tire Mountain, Inc., do Kenneth Lind, for a Solid Waste Disposal Site on the
following described real estate, to wit:
SE1l4 of Section 32, Township 3 North, Range 65
West of the 6th P.M., Weld County, Colorado, and
WHEREAS, on June 28, 1989, the Board of County Commissioner of Weld County,
Colorado, did approve a Performance Guarantee, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Tire
Mountain, Inc., with terms and conditions being as stated in said Performance Guarantee, in the
amount of$8,000.00, and
WHEREAS, upon request of the applicant, at the recommendation of staff, the Board
deems it advisable to release said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Performance Guarantee, in the amount of$8,000.00 be, and
hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to return said collateral to the appropriate issuing party.
1111111111111111111111111111110111111 1111111111111 2001-1259
2850307 05/21/2001 04:43P JA Suki Tsukamoto PL0456
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CANCEL COLLATERAL - TIRE MOUNTAIN, INC.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
///� A ���� WELD Cs NTY, COLORADO
ATTEST: ,4Q__./0/��(/// EL,
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"�1 EL, . Geile, Chair
Weld County Clerk to the Boar,r OE
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pp ; Vaad, Pro-Tem
BY:
Deputy Clerk to the Bear• An r. .�
`�L/_ r!illi H. Jerke
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ounty Attorne A a
Robert D. asden
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2850307 05/21/2001 04:43P JA Suki Tsukamoto PL0456
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LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
JEFFREY R.BURNS (970)356-1111
P.ANDREW JONES
August 2, 1999 •
, .t
Lee Morrison rds
•
Assistant County Attorney j AU6 0 4 1999 }��,.
915 10th Street
Greeley, CO 80631 YIELD COUNTY
ATTORNEY'S OFFICE
Re: Tire Mountain (USR 842)
Dear Mr. Morrison:
Enclosed with this letter is a copy of a letter dated July 30, 1999 as submitted to the
Colorado Department of Public Health&Environment, copy of Financial Assurance Review
worksheet and copy of CD. As Tire Mountain, Inc. has now submitted the State required
closure and post-closure guarantees in accordance with State law and regulations, we
would request that the Certificate of Deposit previously submitted to Weld County for
closure now be released and the County requirement deleted. It is our opinion that the
State has now pre-empted the County closure requirements and it is proper and
appropriate that the County requirement be released. I would point out that the State
requirement and amount submitted to the State on July 30, 1999 exceeds the amount that
the County was holding. If you have any questions, please contact the undersigned.
Very truly yours,
LIND, EN OTTENHOFF LLP
Ken eth . L nd
KFUcg
Enclosure
pc: Weld County Planning Department
Weld County Environmental Protection Services
F:\KFL\LETTERSWORRISON.LTR
2001-'1250
Copy
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY•COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
L (970)353-2323
KM R.LA F. E (970)356-9160
KIM R.LAWRENCNCE TELECOPIER
(970)356-1111
JEFFREY R.BURNS
P.ANDREW JONES
August 2, 1999 nrno
AUG 0 4 1999 '
TV
WELD COUN
Colorado Department of Public Health & Environment ATTORNEY'S OFFICE
Hazardous Materials &Waste Division
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Attn: Mira Neumiller, Program Specialist
Re: Financial Assurance, Tire Mountain
Dear Ms. Neumiller:
On July 28, 1999 I received your Solid Waste Finance Assurance Review form and
the same has been reviewed and approved by Mr. Jamison as President of Tire Mountain,
Inc. The Assurance Review worksheet indicates that the total closure and post-closure costs
total $140,223.00. The twenty year payment amount is $7,011.15 per year and as we are
now into the third year of the program, the initial required deposit is $21,034.00.
Enclosed with this letter is the required Certificate of Deposit which has been issued
in accordance with the regulations and payable to the Colorado Department of Public Health
& Environment in the amount of$21,034.00. The next Certificate of Deposit in the amount
of$7,011.15 will be issued in January of 2000 and forwarded to you.
A copy of this letter, the CD and the Financial Assurance Review worksheet is being
provided to the Weld County Department of Planning Services,Weld County Environmental
F:XFLVAMISON\COLOHLTH.LTR
Colorado Department of Public Health & Environment
Hazardous Materials & Waste Division
August 2, 1999
Page 2
Protection Services and Weld County Attorney. Thank you for your assistance and
cooperation in this matter.
Very truly yours,7ND,LI ENCE & ENHOFF LLP
Kenneth F. Lind
KFL/cg
Enclosure
pc: Jerry Jamison
Weld County Environmental Protection Services
Weld County Planning Department
Weld County Attorney
F:Uff LVAMISON\COLOHLTH.LTR
Otift*,„
DEPARTMENT OF FINANCE
AND ADMINISTRATION
PHONE (970) 356-4000, EXT.4218
FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
O GREELEY, COLORADO 80632
COLORADO
June 5, 2001
KENNETH F LIND
ATTORNEY AT LAW
1011 11TH AVE
PO BOX 326
GREELEY CO 80632
Dear Mr. Lind,
Enclosed please find Automatically Renewable Certificate of Deposit#07244, on behalf of your
client Tire Mountain, Inc. This collateral was released by the Board of County Commissioners
on May 14, 2001.
Should you have any questions, please call me at the above listed number.
Sincerely,
Do a d D"-WaS
Ati
Clerk to the Board
by: yllmbe2(.x=P
Kimbe lee Schuett
Deputy Clerk to the Board
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