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Home My WebLink About800262.tiff ORIGINAL FILE AT MISSILE SITE . ARCHIVE BOX MISSING AS OF 12/ 19/2017 RESOLUTION RE: FINDINGS OF THE BOARD OF COUNTY COMMISSIONERS CONCERNING SHOW CAUSE HEARING FOR SPECIAL USE PERMIT FOR AN OIL FIELD FLUIDS DISPOSAL - STAN RECH 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 June 2, 1980, the Board of County Commissioners of Weld County, Colorado held a show cause hearing concerning the Special Use Permit for an oil field fluids disposal of Stan Rech, and WHEREAS, the Board heard all of the testimony and statements of those present, and WHEREAS, the Board finds that Stan Rech is in compliance with the development standards at the present time, that no action be taken to revoke said Special Use Permit, and that the development standards be amended. NOW, THEREFORE, BE IT RESOLVED that the Board of County Com- missioners of Weld County, Colorado finds that Stan Rech is in compliance with the development standards contained in the Special Use Permit for an oil field fluids disposal site, that no action be taken to revoke said Special Use Permit, and that the develop- ment standards be amended immediately. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of June, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: ale c .� "`' WELD COUNTY, COLORADO Weld County Clerk and Recorder 4';' /a t (Aye) anrlerk to th o rd C . W. Kirby, Chairman By; ' - Peass.o. s deist (Ave) Deputy Co / "y ler I onard L. Roe, Pro-Tem /APPR ED AS TO FORM: 4 .�(Aye) Norman Carlson County Attorney (Aye) a Dunbar ye) e K. Steinmark E) t (. . P, 800262 DATE PRESENTED: JUNE 4 , 1980 A public hearing was conducted on May 14, 1980 at 2: 00 P.M. , with the following present: BILL KIRBY CHAIRMAN LEONARD ROE CHAIRMAN PRO TEM NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON ZONING INSPECTOR, CATHY CARTER -ZONING ADMINISTRATOR, TOM HORN DIRECTOR OF ENVIRONMENTAL HEALTH, JOHN HALL DIRECTOR OF BUILDING INSPECTION, JOE JARVIS The following business was transacted: I hereby certify that pursuant to a notice dated April 14, 1980 and duly published April 17 and May 1, 1980 in the Johnstown Breeze a public hearing was held to SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #402: 79: 24, OIL FIELD FLUIDS DISPOSAL SITE, STAN RECH aka 31 DISPOSAL. Cathy Carter reviewed the history of the special use permit and the present violations. Ms. Carter presented to the Board pictures taken on May 2, 1980 . Ms. Carter noted that Mr. Rech has worked very hard and been very cooperative the last two weeks. Mr. Jarvis reviewed Chapter 70 of the Weld County building Code relating to excavations and erosion control. Mr. Jarvis stated that a building permit is needed on lagoon #1 and an erosion control plan, certified by a Civil Engineer, must be submitted. John Hall discussed the water monitoring history of this location and the surrounding land. Mr. Hall stated it would appear that the lagoon liners of the present operation are holding. Stan Rech was present and commented on his violations and the attempts he is making to correct said violations. The bentonite seal in lagoon #1 -has been installed but is in a waiting stage for testing and therefore the lagoon can' t be used at present. Ms. Carter read into the record a letter from Kenneth Lind, attorney for CHANGE TAPE #80-35 Mr. and Mrs. Anderson, adjacent landowners. Mr. Lind recommended the Board revoke the special use permit and no operations be permitted until the site has been completely prepared in accordance with the development and engineering specifications. Robert L. McPeck was present on behalf to the Fulton Ditch Co. Said company has an irrigation ditch close to the special use permit operation. Mr. McPeck' s concern was who would be responsible for cleaning the ditch if a lagoon dam breaks and does Mr. Rech have any type of insurance or bond? Tom Honn stated that a special use permit does not require any type of bond or insurance from the applicant. Ms. Carter pointed out that under the Uniform Building Code, a bond can be requested on the excavation of lagoon #1. Catherine Sprague, adjacent property owner, was present and testfied regarding the problems they have encountered with Mr. Rech and his operation. Mr. Rech stated he has $300, 000 liability insurance. Discussion was held regarding who, if anyone, gave Mr. Rech permission -to use the emergency lagoon, in violation of the development standards, until lagoon #1 was completed. Said question was not put to Mr. Rech and no one -else in attendance was able to, or inclined to, answer same. IrHR 257 CONTINUED Sam Oldenburg, attorney for Stan Rech, discussed the problems of leaving the emergency lagoon empty, as required by the development standards, after it has been sealed with bentonite. The engineering firm has informed him that a bentonite sealer is activated by moisture and if allowed to dry out after being wet it crackes and is then virtually useless. Discussion was held regarding how full the lagoon would have to be to retain the seal. Commissioner Carlson asked if there was any freeboard on the lagoon dam. Development standard #13, relating to the freeboard requirements was read by Ms. Carter. Said development standard states that the freeboard allowance shall be as specified by the Weld County Health Department. Mr. Hall responded that the distance is 18" from the top of the dike. Mr. Honn stated that if the applicant has problems with the required bentonite seal it could be looked at as an amendment to the development standards. The Planning Staff' s recommendation is that the operation be shut down until it is in complete compliance with the development standards. It was pointed out, however, that the plot plan for special use permit #402 notes "erosion control" and photographs were presented showing erosion already occuring from recent rain within one week after lagoon #1 was constructed. Cathy Carter stressed, that although Stan Rech has put forth major efforts to comply with the development standards recently, since May 2, 1980, she is more concerned with the future regulation of this site in a manner which will avoid further crises and violations. Commissioner Steinmark made a motion to table the decission on this hearing until Monday, June 2, 1980 during the Board's regular meeting. By that time the bentonite seal will have been tested and a report will have been given to the Board regarding whether or not Mr. Rech can meet the development standard, Mr. Jarvis will have been given the information he needs concerning the erosion requirements and steps shall have been started concerning whether water needs to stay in the emergency lagoon for sealing purposes. Commissioner Carlson seconded the motion and it carried unanimously. Le-171( tit CHAIRMAN BOARD OF COUNTY COMMISSIONERS • `-11,1 ('.Cirvr�;abutter✓ ok ATTEST: /' IC COUNTY CLERK AND RECORDER Z1' LERK TO THE O 7B ' /,n,4--z/Y � iCtJ -Deputy Count Clerk -DOCKET #80-33 TAPE #80-34 & 35 NOTICE SHOW CAUSE HEARING Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the hearing to show cause are requested to attend and may be heard. DOCKET NO. #80-33 Stan Rech & 31 Water Disposal 15267 Weld County Road #18 Ft. Lupton, Colorado 80621 DATE: May 14 , 1980 TIME:' 2 : 00 P. M. SUBJECT : Hearing to show cause for revocation of Special ZJse Permit #402: 79 :24 , Oil Field Disposal Site LEGAL DESCRIPTION: That part of the West one-half of the Southwest one-quarter of Section 22, Township 2 North, Range 66 West of the 6th _Principal Meridian, Weld County, Colorado, described as : Beginning at the Northeast corner said West one-half Southwest one-quarter; thence South 00°04 ' 13" West on an assumed bearing along the East line said West one-half Southwest one-quarter, a distance of 1490 . 00 feet; thence South 89°49 ' 25" West parallel with the North line said West one-half Southwest one-quarter a distance of 330. 00 feet; thence North 00°04 ' 13" East a distance of 1390 . 00 feet to a point 100. 00 feet South of the North line said West one-half Southwest one-quarter; thence South 89°49 ' 25" West parallel with said North line a distance of 960 . 69 _feet to a point 30 . 00 feet East of the West line said West one-half Southwest one-quarter; thence North 00°00' 00" East parallel with said West line a distance of 100. 00 feet to a point on the North line said West one-half Southwest one- 'quarter; thence North 89°49 ' 25" East along said North line a distance of 1290. 81 feet to the point of beginning. Contains 13. 49 acres more or less . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeannette Ordway , Deputy DATED: April 14 , 1980 PUBLISHED: April 17 , 1980 and May 1, 1980 in the Johnstown Breeze LHR 257 ATTENDANCE RECORD APPLICANT : STAN RECH & 31 W6_ R DISPOSAL TIME : 2:00 P.M. DOCKET&780-33 D-ATE : MAY 14, 1980 REQUEST : SHOW CAUSE HEARING - SUP NAME /7 .77x_ �6# ADDRESS % cam', 4 ! ./ I 4-k (7, it ENGINEERS PLANNERS SURVEYORS OWEN AYRES S. ASSOCIATES INC P . O . BOX 659 17 NO-RTH H 12TH AVENUE BRIGHTON , COTHRADD 80601 May 22, 1980 �IEl0 CBBNIY C9011SSte!M Stan Rech jun 10 '' \ Box 303 Ft. Lupton, CO 80621 GREELEY Go`c Dear Mr. -Rech : Following ore our recommendations on seedinxd the slope$ on the 31 WATER DISPDS-AL site in Section 22, Township 2 North, Ronne 66 West, Weld County, Colorado. For all areas to be revegetated the following mixture . of -seed are recommended to be used per acre : 15 lbs . Crested Wheatgrnss 3 lbs . Fescue Kentucky 31 5 lbs . Perennial Ryegrass 3 lbs. Yellow Sweet Clover All amounts are given in pounds of live seed (P. L. S. ). Seed shall be drilled with a double disc furrow opener grass drill with depth bands followed by packing wheels . Seed shall be well mixed before seeding and shall be kept in uniform mixture during seeding. Se-eded areas shall receive at least one application of Fertilizer per growing season depending an soil _conditions . Applixations may be ammonium sulfate (20% N) at the rate of 1O0 pounds per acre . OneTertilizer application should be a FORMERLY LIND AYRES & ASSOCIATES, INC. Page 2 May 22, 1980 complete commercial fertilizer such as 20-20-10 at the rate of 100 pounds per acre. This would result in the regsire4 20 pounds N per acre per season as total application, which is necessary on the sandy soil to produce a healthy and vigorous stand of grass . We also recommend that at least 12 inch-es off' water re- main in all ponds to prevent drying and cracking of the clay layers in the bottom o-f the ponds. Very truly yours, OWEN AYRES AND ASSOCIATES INC ,c(,,,( 1 Edward Lind, Jr. FE: EL/jn NOTICE SHOW CAUSE HEARING Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the hearing to show cause are requested to attend and may be heard. DOCKET NO. #80-33 Stan Rech & 31 Water Disposal 15267 Weld County Road #18 Ft. Lupton, Colorado 80621 DATE: May 14 , 1980 TIME: 2 : 00 P. M. SUBJECT: Hearing to show cause for revocation of Special Use Permit #402 : 79 :24 , Oil Field Disposal Site LEGAL DESCRIPTION: That part of the West one-half of the Southwest one-quarter of Section 22, Township 2 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, described as : Beginning at the Northeast corner said West one-half Southwest one-quarter; thence South 00°04 ' 13" West on an assumed bearing along the East line said West one-half Southwest one-quarter, a distance of 1490 . 00 feet; thence South 89°49 ' 25" West parallel with the North line said West one-half Southwest one-quarter a distance of 330. 00 feet; thence North 00°04 ' 13" East a distance of 1390 . 00 feet to a point 100. 00 feet South of the North line said West one-half Southwest one-quarter; thence South 89°49 ' 25" West parallel with said North line a distance of 960 . 69 feet to a point 30. 00 feet East of the West line said West one-half Southwest one-quarter; thence North 00°00 ' 00" East parallel with said West line a distance of 100 . 00 feet to a point on the North line said West one-half -Southwest one- quarter; thence North 89°49 ' 25" East along said North line a distance of 1290 . 81 feet to the point of beginning. Contains 13 . 49 acres more or less . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeannette Ordway, Deputy DATED: April 14 , 1980 PUBLISHED: April 17, 1980 and May 1, 1980 in the Johnstown Breeze LHR 257 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303)3564000 EXT.200 P.O.BOX 758 GREELEY,COLORADO 80631 itsh e as,.„ COLORADO April 14, 1980 Stan L. Rech 15267 Weld County Road 18 Fort Lupton, Colorado 80621 Dear Mr. Rech: Re: Hearing to Show Cause for revocation of SUP 402:79:24 You are advised by this notice that a hearing will be held on Wednesday, May 14, 1980 at 2:00 pm in the First Floor hearing room, Centennial Center, -915 10th Street, Greeley, Colorado. The purpose of the hearing is to discuss the operation and to determine if the development standards • _for said SUP are being complied with and/or if adverse conditions have been created as a result of the operation. Recent inspection reports from the Weld County Health Department as well as the Department o₹ Planning Services indicate 31 Waste Disposal Site is not in compliance with certain Development Standards as set forth in SUP 402:79:24, and more fully explained in a letter dated March 13, 1980 from the Board of County Commissioners to the operators of the dis- posal site. If in the opinion of the Weld County Board of Commissioners adverse conditions exist, the Board will consider revocation of Special Use Permit No. 402:79:24. Sincerely, • C. W. Kirby, Chairman Board of County Commissioners rjk • cc: Clerk to the Board Planning Services /, e afr�/4/�C 1 No. and 3. -• 1, SENDER: Complete items I,2, RECEIPT FOR CERTIFIED MAIL a Add your address in the"RETURN TO"space on 9 revetn. t iv% NO INSURANCEt'OVERA ?ROYMO— • I. �Thf following service is requested (check one). (Se `_ NOT FOR I MAIL I b (�I Show — to whom and date delivered C e Reverse) �` SENT TO O Show to whom,date,and address of delicery. .4—Q Q RESTRICTED DELIVERY STREET AND NO. • Show to whom and date-delivered —4 • RESTRICTED DELIVERY. PO.,STATE AND7IP CODE Show to whom,date,and address of delivery.$ (CONSULT POSTMASTER FOR FEES) POSTAGE $ CERTIFIED FEE 4 2. AR ICLE ADDRE$5EDcn TOs w SPECIAL DELIVERY 4 9/Z-} /C2Cd�dl--J re RESTRICTED DELIVERY :r a w u SHOWED WHOM AND DAR 4 9 � c_a DELIVERED 2 3, ARTICLE DESCRIPTION: v) ix eieI'° —' -- m REGISTERED NO. CERTIFIED'NO. INSURED NO. 2 as.-• w SHOW TO OF DELI DATE,AND 4 co w i ADDRESS OF DELIVERY rn t -343O3/ d so 74 SHOW TO WHOM AND DATE x I (Always obtain aignsture of addressee or agent) o no z DELIVERY WITH RESTRICTED 4 G) I have received the article described above. o cc SHOW TO WHOM,DATE AND SIGNATURE 0 Addressee D Authorized agent W ADDRESS OF DELIVERY WITH 4 -33 m a' RESTRICTED DELIVERY r= TOTAL POSTAGE AND FEES 2 4 .p.m 0• OF DELIVERY A \_ -'StIN C POSTMARK OR DATE J Pr J i 5. ADDR � Y(r• -t- I d C m .1:::i 1 `�� re 198 N. is 6. UNABLE TO DELIVER BECAUSE: tit ,�.: S c0 in W _I D r *G o. I978-273-3113 AFFIDAVITOFPUBLICATION THE JOHNSTOWNIEIREEZE STATE_OF COLORADO ) Pl BLit 'E .. . ) ss.NTY OEiSOT• " ( CI Eugene ThoLmDas, do solemnly swear SHOW t'4tS ARiNo. that I am publisher of The Johnstown Pursuant to ttgia"� a's of Breeze; that the same is a weekly the Grate or and'tn, newspaper printed,in wholenr impart,and the State-Of solution, a puVic,h -be held in published in the County of Weld, State of the a Era Boars of County itof.Weld- Colorado, and has a general circulation county-cows tdx'°unthy therein; that said newspaper has been centennial td 30th Street:Greele1-�. ado,at the published continuouslndu ninterrupted- tlme specified. one is ya any planner i ed in the ly in said County of Weld for a period of hearinmast a$ ap lame ern more than fifty-two consecutive weeks rotated oan! prior to the first publication of the annexed Stan Rech-&31 Wile Dla 9a1 legal notice or advertisement; that said .18287 Lalde.C dl821s newspaper has been admitted -to the Ft.[.uyton,.crorado 80821 United States mails assecond-class matter oclt>Trtrr`ea a under the provisions of the-Act_of Marrh 3, DATE;Man( 1e ro 1879,or any amendments thereof,and that TIME:—Ia1ni. said newspaper is a weekly newspaper SUBJECT: Heating to show duly qualified for publishing legal notices cause for revoca af°8 cial and advertisements within the-meaning of Use Permit-310 ;79:24,011 Flela7flaposal Si the laws of theStatenf Colorado. I•EGAL_DEScRIP7he>N: ' That the annexed legal notice br Thatpartofthe1Gstone-half advertisement was published in the ' of the Southwest carter or regular and entire issue of every number of Range 88 88' West the°6th said weekly newspaper for the period of Principal Meridian, Weld• County 0 Colorado,the Northeast eacribedas Beginning at the ....2 conscctttivo insertions; and that the i corner said west one-half first publication of said notice was in the Southwest one-quarter thence South 00 degrees 04'13"Weston' N /� an assumed be along the issue of said newspaper a er dated 4 , East line said West one-half Southwest one-quareer, a ails- A.D. 19 9.0 , and that-the last publication fence of 90 feet; thence South 88 degrees 49',28" West of said notice was in the issue of said parade)with the North line said ! wee) 3ouEMvea[ one guartlr rithz Oter 30.00 feet newspaper dated d`7 i ,A.D. 12J Bee thence Nortn distance f l¢feea 04' 13't aEast point 100.0e fer18outh of t e n witness whereof have hereunto set a point line s id West one-half°f the North line said Weer thence my hand this day of a SouthSouth west one-quadegrees rter;25"thence parallel with seta North line a AD. 1-9..S0 303 .00 e or East-of [set to a point said feet one-r the West line said West one-half-Southwest 0q¢tneteg-rqeuarter; pienfe:North 00 r(su// W ea 00'400' E at parallel 100.00aiawto ea point ceth UUU Publisher. line aidt e one-half North line said West On!-half South- west one-quarter; thence North 89 degrees 4B' 25' Esat along Subscribed and sworn to before me. a 1r22900.81°feet to .e stance of Notary Public in and for the County of tleglnnjng. Contains 13.49 acres ttaaadhh111lore or ese- - Weld,State of Colorado, th:c ; ' i day THE BOARDOFCOUNTY COMMISSIONERS Of 2"eh Q.D. 19...t . . WELDCOUNTY, /q COLORADO p /7//� �/ BY:MARY ANN ..-.e.--- aet-ri.Ff"\--.�l2.c'/'nS.Q�4-' FEUERSTEIN 7 Notary Public. COUNTY CLERK AND t RECORDER MID CLERK T(y+.@1E BOARD My commission expires '/ ( D BY:Jeannette Ordway,Deputy DATED: April 14 ru n,1 PUBLISHED: the J',hnst wn May 1, 1080 in thLe Johnstown Breeze Co. Legal 80 -28 - Clerk to-Bd. , ✓'. L -,//, ,, ie itit e—e __ U '^ f2! _ it rti a iu T �1�� i''.t��r _fit 2 ('-may � "Y , ('n ' ��xti-ao r�2�c -77) o Lam . :. A-ect:5,a �t�4€0_,7� L 0)7 ii�d-ez J a,U-E'¢. a l.G�e d-�C.4 Yo „eAca/ tt- C. ted al IA erg Gr t � / tee A . , 1zI /f' h l / V /L , e. �fa d -iC-u c ?erne "ja4/..._ at m d 4* -111.)-alk'N' ck./ 0 4{1t-t)4LiA2-- i ? eV& I /C42.2 .../(AjZ i(e.ZO2 C2-/LY _.e.Vie/1-4 614,V -;->r_ci A-1 C ' ' xi (10H(re 27-, ice_ ,2nci-- tizte,c— ., S✓ ,i Cart/7, A-tire/Li -Li _Zara Car it z 9//bap - c )TianL it,, .c ' - _.d did ta tz. ,rui, ,, , A c a azi 1 ; ( delikx_p -kp (16-(e,i7 1 Ae eLar ,(f2C- 7OILlif / /d ell- eti )do 7/7A, ---$9_1(1,--C i ;. / g I ed e Cit y /4 1 cli,,w1 "a I -ot6,1 a ,,,77e/a4 I so MAY , p ' GREEtti Gnt� � S/ ENGINEERS PLANNERS SURVEYORS OWEN AYR_ES S. ASSOCIATES INC P . O . BOX 658 17 NDRT-H T-H ti T H A V E N U₹ BRIGHTON, COLORADO 80601 May 29 , 1980 gtOS ,9SS11b�s_F MT . Stan Rech 3Vt Box 31)3 GOLD' N . Upton, CO 80621 GREE-EY. Dear Mr . -Rech : This is to certify that on this -date I -made an inspection of the construction on your property in the West one-half Southwest one-quarter Section 22, Township 2 North, Range 6-6 West of the 6th Principal Meridian, Weld County, Colorado . Following are the results of the inspection : 1 . All slopes on lagoon No . 1 and an the emergency Lagoon have teen constructed to a slope of 3 : 1 . The slopes as shown on the plan of 31 Water Disposal are 3 : 1 . The 3 : 1 -slopes as sonstr_uctet] will improve the operation of the system by makin-g the planting on the slopes easier to maintain and will improve -the erosion control of the slopes . 2 . The entire sitevgraded to provide adequate drain- age and with the high percolation quality of the site, very little runoff will occur _during a nor- mal rain storm. 3 . The slopes of the lagoons have been seeded as Te— commended in my letter of May 22, 1980 . Manure and topsoil mixture -ware applied to the planted area and mixed with the existing soil prior to planting to provide a good seed-bed . I further certify that the lagoons have been constructed according_ to the plan and are in substantial compliance with the approved plans and spetifitations outlined on the plan of 31 Water Disposal . Very truly your , . """"" ., a(l0LIJ� Edward Lind, JT .- = :n° t P . E . & L .S -. No . 2730 'A 2730 .N •p, N %'9 ND 6�•• Q,J FORMERLY LIND-AYRES & ASSOCIATES, INC. . C OFC r � 6 F fi chen and associates _ ! CrD'ZULTING GCOTECHNICAL ENGINEERS ---_.--- \C✓ 9E SOUTH ZUN:ST REST• DENVER,COLOR4D0 b0223• 30311.6710E May 30, 1980 I Subject: Evaporation Pond Liner, 31 Disposal, Weld County, Colorado. Job No. 19,329 S. L. Rech P.O. 73ox 303 Fort Lupton, Colorado 80621 Tear Mr. Rech: We again observed pond construction at the subject site on May 3D, 1980. We have previously observed and tested construction of the bentonite-sand liner and reported our results on several occasions. In our opinion, the bentonite has been uniformly mixed to I a sufficient depth and the resulting bentonite-sand liner material properly compacted. A permeability test previously conducted indicated a permeability rate for the bentonite sand liner within that • specified in our original soil -and foundation investigation, Job No. 19,1)83 dated August 29, 1979. Lagoon No. 2, located north of the subject evaporation pond, is currently in use. Since a compacted soil layer has not been provided above the bentonite-sand liner mat-eri-al, we recommend that a minimum amount of water be kept in the pond to prevent cracking and -shrinkage of the liner. If we can be of further service, please call. Sincerely, p'_ •.• \STE,, . f CHEN AND ASSOCIATES, INC. ti v / r�q 1 4138 6 ' By - .// //• 4 ter' Ls :a� ��:: David H. Adams II, P.E. N, J'l'cSSIONALE?�• O? f DHA/bn N. /E OF Cbt° ��1 t^1 ti s�` l ' " 1 , : ,, 1 —+, L-a-- r GOt.Cla GFaEtLE.� OFFICES: CASPER • COLORADO SPRINGS • GLENWOOD SPRINGS •SALT LAKE CITY T ___ KENNETH F. LIND ATTORNEY AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY, COLORADO 80631 TELEPHONE(303)3532323 May 14, 1980 CUlld\ 1 ' Board of County Commissioners k), ' ‘ '\‘ Weld County Colorado 915 Tenth Street n1AY 1-4 198® Greeley, Colorado 80631 cam' Re : Stan Rech Oil Field Disposal ango Bear Commissioners: Bue to a conflicting court appearance, I am unable to attend the hearing today concerning Mr . Rech' s Oil Field Disposal site. Both myself and my clients, Mr . and Mrs. Adolph Anderson of Ft . Lupton, Colorado have appeared before you on numerous occasions, the last being on October 31 , 1979. At that time Mr. Rech' s attorney admitted that the disposal operation had caused damage to the neighbors which includes Mr. and Mrs. Anderson but we were assured by Mr. Rech' s attorney as well as Mr. Rech that the disposal site would be operated properly and in accordance with the recommendations and developmental standards as promulgated by the Planning -Staff. We were assured that operations would not commence until all pits and lagoons had been properly constructed to eliminate past problems related to seepage. Additionally, we were promised that the emergency lagoon would be used only in case of emergency and if the emergency lagoon were used the Weld County Health _Department would be notified within 24 hours of its use. With those promises, recommendations and development standards, Mr. and Mrs . Anderson had no strong objections to the operation of the facility. However, since your approval of the Special Use Permit , Mr. Rech has operated the site contrary to the development standards and promises .previously agreed upon. Mr . Rech has operated the facility throughout the winter even though the site was not completely or adequately prepared and the result has been con- tinued damage to the property owned by Mr. and Mrs. Anderson. Water continues to seep in the area, damaging both agricultural fields and the road. It appears that in all instances Mr . Rech has failed to comply with the Special Use Permit and conditions thereof . I Board of County Commissioners May 14, 1-980 Page 2 Due to the fact that this is now the second time in which Mr. Rech has been brought before the Board concerning this oil field disposal site, it is clear that Mr. Rech continues to operate the site in spite of his promises and requirements placed upon him by the County. Such action is clearly in bad faith and it would be our recommendation that Mr. Recta's Special Use Permit be revoked and no operations permitted until the site has been completely prepared in accordance with the development and engineering specifications. Very t ly yo i KFL:dt Ken eth F. L. d pc: Mr. and Mrs . Adollh Anderson -INSPECTION REPORT Page 1 of 3 Name Stan Rech Oil Recycling Disposal Site _ No • VI-Ii:,'Z9127_____.____ Legal Description of Property p q 081, Date May 2. 1980 Time 2:00 P.M. Progress is being made on lagoon number one. Due to two days of rain, project has been slowed down. Excavation equipment was not in operation today. Pictures were taken. Contact was made with Stan Rech. He stated the following: 1. Several loads of bentonite have been spread and several mare loads will be delivered on May 3, 1980. Sealing will begin Monday, May 5, 1980. He hopes he will have enough bentonite to canplete the project on Monday. 2. John Hall was on site with approximately seven people from the EPA on Thursday, May 1, 1980. I will get a report from John Hall regarding said visit. 3. I reviewed with Stan what needs to be done to get the development standards in compliance. He understood my review and felt that the only thing that would it stop/fran being done by May 14, 1980 was the weather. I gave him my business runs card and advised to call me if he / into any problems that would stop him fran being done by the 14th. He agreed. 4. The settling pit is screened but has oil floating on the surfRee which Stan admits. b. The long narrow trench to the east of settling pit and emergency 1 croon is partically filled with sand. Stan 'Mi.11 have this trench completely filled and closed by May 14, 1980. Ae.,6. Stan admits that trucks have been dumping drilling mud directly into the emergency lagoon, which is at least half full of fluid at this point and time. -He was once again warned that the emergency lagoon cannot have water in it ' effective May 14i 1980. He said he would pump it into the lagoon number one /-/ Zoning Inspector INSPECTION -REPORT Page 2 of 3 Name Stan Rech Oil Recycling_asposal Site No . VI-131:79:27 legal Description of Property Pt _of the la SP _ser_ 22, R3Sw Date May 9� 1_9R0 Time 2:00 P.M. prior to May 14, 1980 hearing. Stan admits that the trucks -dumping drilling mud into the emergency lagoon have destroyed the bentonite sealer and further admits that he has allowed water trucks to dump their drilling mud into the emergency lagoon as a sealer. I advised him that he cannot do this and that he will have to repair the emergency lagoon dikes before May 14, 1980 hearing in order to be in compliance. Pictures taken will show that the west dike of the emergency lagoon has eroded grossly with the last two or three rainstorms. Stan agreed that this would be fixed prior to May 14, 1980. He also agreed that it would remain free of erosion in the future even if he had to seal the dike with bentonite. 7. Stan admits he has a contract with Milton Adams to purchase the operation. Milt told him he would be willing to buy it when he has everything in compliance with the development standards. Stan said he was not sure he wanted to sell now that he is almost done. Pictures taken also indicate erosion on the west dike of the lagoon number 1. -Stan said he would constantly grade this dike and seal it with bentonite if he had to stop erosion. ,,\\ 9. -Stan admits that trucks have not been, recycling their water waste through his cycling system but have been dumping directly into the skim pit. He feels that if he keeps the operation,he wants to hire a security person to be present during the hours trucks are utilizing the waste disposal site. 10. I warned -Stan that he will need- a building permit for the excavation work being done on lagoon number one and advised him to call Joe Jarvis immediately. Zoning Inspe tor INSPECTION REPORT Page 3 of 3 Name Stan Rech Oil Recycling Disposal Site No • VI-131:79:27 Legal Description of Property -R68W Date May 2. 1980 Time 2:00 P.M. 11. Stan says that he has paid his bill to Chens & Associates, therefore, Chen could approve their retort. which they -have advised-me they would not approve until Stan paid hi-s bill. I warned Stan that we need Chens report approved in order to have all the develorment standards in compliance on May 14, 1-980. I advised Stan that I would keep in constant contact with him between now and May 14, 1980 and that he should do -the same, and that I would be out _here on the morning of May 14 to mare a final inspection to be presented to the Cannissioners at the show cause hearing. I adv .sed_;itan ech that the vinlatinn file is piihlir rernrl3 and I Qnrnuragd him to have his attorney cane in and read the file prior to -the show cause hearing on May 14. 1980. Zoning spector OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (3031356-4000 EXT.200 P.O.BOX 758 fik ;31 GREELEY,COLORADO 80631 • COLORADO March 13, 1980 Operators of 31 Water Disposal c/o Jeff and Stan Rech 15267 Weld County Road #18 Ft . Lupton, CO 80621 RE: Special Use Permit #4D2 - _Development Standards Dear Operators : During the regularly scheduled Board of County Commissioners meeting of March 5, 1980, County staff brought to the Board' s attention the need to take steps to close County ?toad 31 be- tween County Roads 18 and 20 due to extensive road damage. The Board did officially take action to close the road at that same meeting. Therefore, it is the Board's intent to inform you that all trucks utilizing the 31 Water Disposal site located in the SW} at Section 22, T2N, R6BW, have temporary permission to enter said site from the private access road located on County Road 1$ shown on the Special Use Permit plat as "for owner only" . Physical barriers will be erected at the inter- section of County Road 31 and 18 and immediately north of the 31 Disposal access road on County Road 31. Please advise the truck drivers that said signs are not to be moved. The Board of County Commissioners understands that zoning inspec- tor, Cathy Carter, personally contacted you on March 5 to inform you of the road closure. The Department of Planning Services also has recently brought to the attention of the Board that certain Development Standards have not been met. When the Special Ilse Permit for 31 Water Disposal was approved in October of 1979, several Development Standards were incorporated into said Special Use Permit . Development Standard No. 11 sets forth that the property owner and/or operator shall be responsible for com- plying with all of the Development Standards. Noncompliance with any of the Development Standards shall be reason -for revocation of the Special Use Permit by the Board of County Commissioners. March 13, 1980 page 2 The Board established time limits, during a work session held on March 3, T980, by which you are expected to be in compliance with your permit . They are listed as follows : DEVELOPMENT STANDARD NO. 14 - On or before March 31 , 1980, the skim pit must be sealed and such sealing approved by State and County Health Departments. If not approved by this date , no fluids shall occupy said pit; DEVELOPMENT STANDARD NO. 7 - On or before April 15, 1980, you are required to have Lagoon No. 1 completed and in operation and cease using the emergency lagoon. except as expressly provided for in the development standards; DEVELOPMENT STANDARD _NO. B - Field inspections indi- cate that the screening on the skim pit has collapsed below the surface of the fluid. Please be reminded that so long as fluid is being retained in the skim pit , there shall be screening with one inch wire mesh to prevent wildlife from gaining access to the pit . This matter should be corrected by March 31 , 1980 or as soon as fluids are permitted back in the pit after it has been properly sealed; and DEVELOPMENT -STANDARD NO. 2 - On or before March 31 , 1980, monitoring wells are to be installed as per the guide- lines of the Weld County Health Department . Field inspections will be made both by the zoning inspector and Weld County Health Department shortly -after the above referenced dates. If you have further questions, please call Cathy Carter , Weld County Zoning Inspector at 356-40x0, extension 4D0 as soon as possible. Thank you for your attention and anticipated cooperation in this matter. Very truly yours, i C. W. Kirby, 'Chairman Board of County Commissioners cc: Department o₹ Planning Services Weld County Health Department Colo. Division of Wildlife, Tom C. Lynch i 1 Stan Rech SUP-402 : 79 : 24 SURROUNDING PROPERTY OWNERS July 26 , 1979 Archie and Catherine Sprague 1st Bank and Trust of Brighton 8592 Weld County Road 24 15 South Main Street Fort Lupton, Colorado 80621 Brighton, Colorado 80601 Jesse and Dolores Frank Public Service Company of Colorado 4429 Pearl Street 323 Denver Avenue Denver, Colorado 80216 Fort Lupton, Colorado 80621 Adolf and Bettye Anderson 15027 Weld County Road 18 no ,,per Fort Lupton, Colorado 80621 jw' ,e-1/ �E�C� LGsr""`i-' -der ' ,4 Doris Smith and Company / oc 7 x267 /i 7( 6809 Wadsworth Boulevard � Arvada, Colorado 80003 C//,/� V, ow {Y Jim and Barbara Motes 551 South Newton Street Denver, Colorado 80219 Mack and Johnie Jones 15123 Morris Avenue Fort Lupton, Colorado 80621 Phillis Williams 14496 East 26th Avenue Aurora, Colorado 80010 Daisy Tidball P.O. Box 253 Kremmling, Colorado 80459 Michael and Helen Krzysick 3106 North Huron Road Pinconning, MI 48650 Frank Nakaoki 2880 West 80th Avenue Denver , Colorado 80221 Robert Cecil Allee, Jr. 15334 Weld County Road 18 Fort Lupton, Colorado 80621 a< iiti J Its Islas n e �1 ^ �rI I Ii ' t � • - P� > I '0 Fri �3 V I a2 `C' � 2 • m 5eR D 0, r 1 Fi® Y q .'1 •O ' w c 6O w eta 'o a .5 >. e+ CO g $ Ts O IU rc ""1 > > a .g W .r-1 O BB -� 0 3 5 W * 5' co 1/40 ,,, [0 co . z Q (Y v ei 1/40 CO 00 3 8 ,aY N i F a •S •. Y� O w O N w p w )2S E $I Q.bF(({3] pS HI 0 (� i LL 2 O ¢ .teno .. y6 ' a1..: �6 In O c-._tV \ i1d' rtWW Y 1' '3 Wo w wvai ¢ 30111113$ 8<� B « « « L1 « mw s �7,; 9 $ W C U •.Ni :.O N v S301A213: e° g $ .N 1/40 v W a $a o C .-, cr O 54WfiJiIEg - w4 Et S33i-110A2131Stl1 °z "Q❑ v'3 r. T ry FF j❑ i t a w_. I • ^ W - d N ai c m J L. <, Farm E 11.JeA 97 t.I t' RETURN gECE1PT,REDISTERED,INSURED AND �3 CERTIFIED MAID u9 I o t9 ,'1.5 8 I ,pIL I ON II w j\�. 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