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Home My WebLink About880904.tiff RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC. WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners held a public hearing on the 14th day of September, 1988 , at the hour of 9 : 00 a.m. in the Chambers of the Board for the purpose of considering the revocation of Special Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , on the following described parcel of land: Part of the NW* NW} of Section 12 , Township 1 North , Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board deemed it advisable to continue said hearing to November 16 , 1988 , to allow additional time for the site to come into compliance, and WHEREAS, the Board determined that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level , and WHEREAS, the Board deemed it advisable that the Health Department shall monitor the site twice a week during this period, and WHEREAS, the Board deemed it advisable that it be notified when an engineer ' s report is submitted concerning this site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to Show Cause concerning Special Use Permit #454 , granted to Howard Duckworth, dba Weld County Disposal, Inc. , be, and hereby is, continued to November 16 , 1988 , at or about 9 :00 A.M. BE IT FURTHER RESOLVED by the Board that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level. BE IT FURTHER RESOLVED by the Board that the Weld County Health Department be, and hereby is , directed to monitor the site twice a week during said continuance. 880904 �,G 04/4/7 r_ y% r_=_< , Page 2 RE: CONTINUE SHOW CAUSE HEARING - WELD COUNTY DISPOSAL BE IT FURTHER RESOLVED by the Board that it shall be notified when an engineer' s report concerning this site is submitted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D. , 1988 . rAG l tin0 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD C UNTY,�,// COLORADO Weld County Clerk and Recorder VV K, and Clerk to the Board Genee R. Brantne , Chairman 77�L.c BY M--7) ..—x .F C.W. Kir y, P -Tem t L.� �-j. � � fIteputy County Clerk / \.. .. . •ram;aO U�•� APPROVED AS TO FORM: Ja qu_, .ems nson G` �: •a` L.c County Attorney Frank 'amagtchi 880904 -HEARING CERTIFICATION DOCKET NO. 88-48 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO WELD COUNTY DISPOSAL, INC. A public hearing was conducted on September 14, 1988, at 9:00 A.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett Health Department representative, Wes Potter The following business was transacted: I hereby certify that a public hearing was conducted to consider revocation of Special Use Permit #454, issued to Weld County Disposal, Inc. , c/o Howard Duckworth. Keith Schuett, representing the Planning Department, stated that this hearing was continued from August 17 to allow additional time for the site to be brought into compliance. He said that a September 12 inspection revealed that one pond, which is not currently being used, is not in compliance. Wes Potter, Health Department representative, estimated that it could take 30 to 60 days for this pond to come into compliance. Gary Kennedy, site manager for Weld County Disposal, explained that natural evaporation is occurring in the pond which is out of compliance, and they will have an engineer out to drill test holes when enough evaporation has occurred. He made further explanations concerning the processes followed at this oil field fluids recycling and disposal site. Mary Trostel, an adjacent landowner, came forward to make comments and ask questions concerning this operation. She submitted photographs into the record. Mr. Potter, Mr. Kennedy and Mr. Schuett responded to her questions and comments. Mr. Kennedy agreed to accept only fluids from Amoco until after the necessary tests have been completed. After considerable discussion, Commissioner Lacy moved to continue this hearing to November 16, at 9:00 A.M. , that the freeboard in Pond C shall be kept down until it is checked and no water shall be put in Pond D until it is below the required freeboard level, that the site shall be monitored twice a week by the Health Department, and that the Board shall be notified when an engineer's report is submitted. Seconded by Commissioner Yamaguchi, the motion carried unanimously. 1 880904 Page 2 -HEARING CERTIFICATION - WELD COUNTY DISPOSAL SHOW CAUSE Phis Certification was approved on the 19th day of September, 1988. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: itailikt-'I , _ " WEL NTY, COLORADO Weld County Cl�frk and Recorder AA i alieht and Clerk to the Boa ene Rntner, Chairman By.; , G*7l'-77u g -7 )4puty County Cle k C. ^. irb , Pro- 'em Ja que ,i � �� J on G. .o" Lam f/ Frank Yafmagudhi TAPE #88-43 DOCKET #88-48 PL0447 880904 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: SEPTEMBER 14, 1988 DOCKET #88-48 SHOW CAUSE, HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, IN.C (9:00 A.M. ) DOCKET # 88-53 USR-AGRICULTURAL SERVICE ESTABLISHMENT - KEITH R. & SHARON L. BURMAN DOCKET 4 88-54 USR-LIVESTOCK CONFINEMENT OPERATION - BILLY & PATRICIA SHUTTS DOCKET # 88-51 USR-RETAIL & WHOLESALE LUMBER BUSINESS, ETC. - NORTHER PRIMING & PRESTAIN, INC. NA ADDRESS HEARING ATTENDING MQ.-Y, `cv/1- P> c7 r J..r7 ) ate. av 112 (2 4 wck 1Z JH au- '4 , ✓ . t 0 }?ux- yit 74rSce 1�VS 0 /I , �,/ at, /a // Mt/1 fie . o,,re'(---- 0 //, P. Ps .,.,s,,,✓ � ..4- G U4/ ) ,.,-.1.4.." N PP s ., C4 -Co.... . 01{6,60 /Juv y X76 3 6'tt t/e J /ljp,n 5 44 , , 1 Ltd 4n 1 -7 1,!1 `c4-xi i X. .�-a..e jV s -'0- /Z S . od/1,,,� 3 3Ri i / , y /AI // c c1 G �i tC ewe--4: 1/Ur/ �f D L a 4 Ie 441 ,S% z1t Ll ref �,.ti� O2/61. ; s fyI r--,�e=/� ke,,e � l%�, ,� .S' aims,- .y £ 4 ' f1n3,,1 / c - 5jJ/ , g 1.Gg // N,L.!la t." ritC .,�.. ,-t/ . 7- /714 s T in tO,,y A ,.. D - .. 72, 442-4, / r ( r ,m,) rh `1 15 S bI G 7 iii/a 71CiV PR/1/44,/k ã% a71�,/�,� �c��P# y'/I/i � ` Si—/ � ko�. r eSiniv OJCb(.M-L7..C.-- JI'2-lin-a. `�`"4 7 J ,�CJL ' l-Yif - 7 Lzz ,r..- 1?kt..,-.,c! Ika([t. 14,.., 4. c¢.-- y o �t s t4 . � r ri.,, /1-:-.3/4;,. ai7t, O 1 z ,t_ 14_0 th tel- /4-4 5 /.wza ug. 71 o��-Eto,,,,, Ann vr-z --Eal..kk a 4.,,,„,, vr,6 _ 7.,ss,- &,< ,,,, 1cp DA4 L"nShiLlih.v..- r:A.Ovicti 890429 A T T E N D 11 N C E RECD -RD PLEASE write or print legibly your name, address and the name of -the applicant or Docket # for the hearing you -are attending. TODAY'S HEARINGS -ARE AS FOLLOWS: SEPTEMBER 14, 1988 DOCKET #88-48 SHOW CAUSE, HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, IN.C (9:00 A.M.) DOCKET #$8-53 USR-AGRICULTURAL SERVICE ESTABLISHMENT - KEITH R. & SHARON Z. BURMAN DOCKET. #$8-54 USR-LIVESTOCK CONFINEMENT OPERATION - BILLY & PATRICIA SHUTTS DOCKET # 88-51 USR-RETAIL & -WHOLESALE LUMBER BUSINESS, ETC. - NORTHER PRIMING & TRESTAIN, INC. NAME ADDRESS HEAPING ATTENDING icAt L e.w.T YO0 P;' #_6J KIT: Mr 4 66,401/1, SJ0429 INSPECTIONS REPORT NAME: Weld County Disposal LEGAL DESCRIPTION OF PROPERTY: Part of the NW% NWk of Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado DATE: September 12, 1988 CASE NUMBER: ZEH-34 The property was inspected to Aetermine if it is now in compliance with the Development Standards for SUP-454. The -property is still not in compliance with the minimum 3' of free board on Pond "D". The pond levels have -dropped clot and progress is being made to bring the property into compliance. Keith A. ST`fiuett Current Planner 890 WELD COUNTY DISPOSAL, INC. 7551 CALLAGHAN -RD. STE. 100 SAN ANTONIO, TEXAS 78229 August 26 , 1988 TO ALL T-RUCKING COMPANY'S Dear Sirs , Effective September 1 , 1988 , we will temporarily close our facility for incoming brine water until September 19th. We are sorry for the inconvenience but in order for ue to ma nrr,.jn cflr c,,rrent -freeboard levels , we n_cd t.i- time fc evaporation purposes. Yo urs Truly, Howard Duckworth • /"/ I 41-0e- . �j e 4 �� rJ� Ore K.� t e��A ¢ ` / LCD a,�'�je� A,*.' J �c'JNv /7thr7cc _ 42e a7 v L 4 ,fi ,e/ce,t-vece. SEP 21988 Thla Co. lionwolE ,:mrma;w 830429 Attached is a letter of agreement as to a voluntary closure agreement and agreements in writing that pertain to the facility that was discussed with our engineer, Mr . Wes Potter , Mr. Keith Schuett , and myself in a meeting ₹held Wednesday, August 10 , 1988 , in the Health Dept . affixes . • Yours Truly, Howard C. Duckworth HD/mw cc Mr. Keith A. Schuett - Planning Dept. Mr. Wes Potter - Health Dept. Mr. Lee Morrison - Asst. County Attorney Mr. Cecil Crowe - Alpha Engineering Mr . Bob Gehler - Attorn-ey for Weld County Disposal Virrton, Slivka, Panasri - Attorneys for Weld County Disposal Mr. Martin Seidler - Attorney for Weld County Lisposal 8.90429 AUG221988 August 18 , 1988 .. rl D Coun, ry I Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Co. 80631 Dear Sirs , We have reviewed your letter for the probable cause tearing and the show cause hearing and guarantee that all matters can be taken care of within 30 days of this letter . In response to item #1 of development standard #4 is that we are not taking unauthorized liquids except to the effect that drilling mud was placed in Pond A and -a small amount of oil was in this drilling mud. As to our meeting with Mr. Wes Potter and Mr. Keith Schuett on August 10th, a9_88 we -have agreed to not accept any more drilling mud or any otter materials -except n-one otter than our own personal B S & D solids in our south end -of Pond A. In response to Item #2 of development standard #9 as to whether or not the 3 foot freeboard allowance is being maintained on all ponds is that on May 23 sae submitted an aeration plan to Weld County Health Dept . and started actual spraying in July. We have had only approximately 45 days of evaporation and Pond D is only inches away from being in compliance . Pond C is weal within our freeboard . We feel that within 30 days both Ponds will he well within their freebord levels and will stay there. Attached is a letter of agreement pertaining to our freeboard. In response to item #3 for development standard #11 is that measuring devices are located and visible on all ponds but as the ponds go clown they leave a residue on our measuring device and are sometimes not easy to read. In our discussion -with Mr. Wes Potter and Mr. Keith _Schuett sae agreed to put in new story poles designed by our engineer to help accomplish any problems with these measuring devices . Our engineer is drawing up new devices and will submit them to the Planning Dept . with the week . In response to Item #4 of development standart #14 is that cur engineer sent a letter to the Planning Dept . on May 23 that all future changes in the facility will be proceeded by plans having been approved by Weld County Health and the Planning Dept . We have not deviated from this in any manner. 890429 Attached is a letter of agreement as to a voluntary closure agreement and agreements in writing that pertain to the facility that was discussed with our engineer, Mr . Wes Potter , Mr . Keith Schuett , and myself in a meeting held Wednesday, August 10 , 1988 , in the Health Dept. offices . Yours Truly, H w�'C . Duckworth HD/mw cc Mr . Keith A. Schuett - Planning Dept . Mr . Wes Potter - Health Dept. Mr . Lee Morrison - Asst . County Attorney Mr . Cecil Crowe - Alpha Engineering Mr. Bob Gehler - Attorney for Weld County Disposal Vinton , Slivka, Panasci - Attorneys for Weld County Disposal Mr . Martin Seidler - Attorney for Weld County Disposal 8S0429 Hello