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Home My WebLink About871306.tiff AK21186d7 RESOLUTION m m 0 r ni r RE : GRANT TRANSFER OF CERTIFICATE OF DESIGNATION FOR A SOLID al WASTE DISPOSAL SITE AND FACILITY TO McMILL, INC. (EATON LANDFILL) n I-4WHEREAS, the Board of County Commissioners of Weld County, o Colorado, pursuant to Colorado statute and the Weld County Home z Rule Charter, is vested with the authority of administering the z affairs of Weld County, Colorado, and f w WHEREAS, a public hearing was held on the 14th day of m October, 1987 , at 2 : 00 p.m. for the purpose of hearing the co application of McMill, Inc. , requesting a Transfer of Certificate H o\ of Designation from Paul McClure to McMill, Inc . for a parcel of z N land located generally on the following described real estate , n co to-wit: r Part of the SEI , Section 21 , Township 7 North, X Range 65 West of the 6th P.M. , Weld County, Q ;' Colorado U' z � WHEREAS , the applicant was represented by Tom Hellerich, n Attorney, and Kim Houtchens , Attorney, represented Waste Services , d Inc. , and m-cr. WHEREAS , Section 30-20-101 , C .R.S . , and regulations o 0 promulgated thereunder, 6C.C.R. 1007-2 , provide standards for b review of such a Transfer, and el n WHEREAS, the Board of County Commissioners heard all the O '''testimony and statements of those present, has studied the request n o of the applicant and the recommendations of the State and Weld O w County Health Departments and the Weld County Planning Department, and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . That the evidence established an existing landfill on a portion of the landfill, which use is the continuation of operations of the pre-existing use under the Certificate of Designation and a non-conforming use under the Weld County Zoning Ordinance. 2 . The State of Colorado, Department of Health, has submitted recommendations , which recommendations for the portion of the landfill which is deemed pre-existing, are favorable with certain conditions. 3 . The applicant has submitted an Operations Report which is adequate, in most regards , to describe suitable PL0114 8/71306,] ;€ /-) 8/71306, o �; rt � i - i ,- Page 2 RE: TRANSFER CERTIFICATE OF DESIGNATION landfill operations for those pre-existing portions of o the landfill. n> `-• 01 J N a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the application of M m McMill, Inc. for a Transfer of Certificate of Designation from m n Paul McClure to McMill , Inc. on a portion of the above referenced o parcel of land be , and hereby is, granted subject to the following z m conditions : Z h] m 1 . That this Transfer of Certificate of Designation only m w covers that portion of the property denoted on the m Operations Plan map printed August 6 , 1987 , as "South Mmi- Fill Area" and that Weld County does not recognize any tli c other portion to have a continuing right to accept solid z N NO waste as a landfill. nco 2 . That no further solid wastes operations shall be m accepted on the site once the South Fill Area is filled Ni-' or two years from the date of this Resolution, whichever a is earlier. "' M J m 3 . A source of clay materials be identified and shown to be n available for operation and final closure , and the M operator required to place a one-foot layer of compacted tatr clay over the fill below the final cover soil layer to %n0 retard and inhibit infiltration and percolation of water £ o in the fill material . The final cover shall consist of ta., o two feet of aclay-sand mixture with a permeability no O less than 10-6 cm/sec and 1 foot of topsoil and the O N final cover be applied continuously. . m 0 4 . Additional earth moving and compaction equipment be p o identified and shown to be available on demand for the operation of the landfill. 5 . The pile of tires at the landfill will be removed and completely cleaned up within six months of this Resolution. 6 . A contingency plan for abatement and remediation of leachates from the fill detected to be impacting the groundwater beneath and adjacent to the site, will be submitted for approval by the State Department of Health within six months of this Resolution. This shall address plans for dealing with contamination both prior to and following closure . 871306 Page 3 RE: TRANSFER CERTIFICATE OF DESIGNATION a o r-. 7 . The base grade in the South Fill Area should be raised rn H. one foot. Loa 8 . The applicant shall indicate a commitment to a ten-year x n post closure annual monitoring and maintenance program. I-t 0 5m The above and foregoing Resolution was, on motion duly made z and seconded, adopted by the following vote on the 14th day of m October, A.D. , 1987 . ta CO �tu BOARD OF COUNTY COMMISSIONERS W ATTEST: ql C� WELD COUN ORA H Ni Weld County Jerk and Recorder � � i z no and Clem td tiie Board Gor Lea y, a man n m r � cut:_ ,t.aJ—U { C. Kirb Pro- em ,p �v 4.- �/ _ Depu s F titi erk e, a� re, to idr 7y � APPROVED AS TO +FORM: ene Bra ner m n nr ‘ 0 z 0 -C Ja, qu 1e�p ne oh sP tii .v. zi . ounty Attorney /� m• o Frank, amaguchi o n o w 0 n o o w 871306 h-" Peony soft or •SENDER: Complete Items 1 and 2 when additional services are desired, and complete Items 3 end 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will Provide you the name of the perm relivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(es)for additional service(s) requested. 1. O Show to whom delivered,date,and addressee's address. 2. 0 Restricted Delivery }(Extra charge It ((Extra chargeJt 3. Article Addressed to: 4. Article Number 0210 7 70 to Paul E. McClure, President Type of Service: McMi1l, Inc. e ❑ Registered ❑ Insured P.O. Box 686 ErCertified ❑ COD Greeley, CO 80632 ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. S. Signature—Addressee 8. Addressee's Address(ONL Y if requested and fee paid) Z 1. Igneture—Agent C) klJ X � -- 7. Date of Delivery NOV g s- 1967 PS Form 3811, Mar.1987 * US.O.P.O.taa7.7762N DOMESTIC RETURN RECEIPT P 702 267 10 © RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Paul E. McClure, President McMill, Inc. P.O. Box 686 Greeley, CO 80632 Postage 5 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered t v Q Return Receipt showing to whom. Y T— Date,and Address of Delivery j TOTAL Postage and Fees m Postmark or Date(Rrpor� 4`) ) Qe '� ! J8^ �� N o. J-52306 HEARING CERTIFICATION DOCKET NO. 87-12 RE: TRANSFER OF CERTIFICATE OF DESIGNATION FOR A SOLID WASTE DISPOSAL SITE AND FACILITY - CIRCLE "M" PARTNERSHIP/MCMILL, INC. , EATON LANDFILL A public hearing was conducted on October 14, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department representative, Chuck Cunliffe Health Department representative, Wes Potter Certified Shorthand Reporter, Mabel Broyles The following business was transacted: I hereby certify that pursuant to a notice dated March 9, 1987, and duly published March 12, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the Transfer of Certificate of Designation for a solid waste disposal site and facility requested by Circle "M" Partnership/McMill, Inc. for the Eaton Landfill. (During this hearing Exhibits M, N, 0, P, and Q were submitted.) Lee Morrison, Assistant County Attorney, made this matter of record, stating that previous hearings were conducted on May 20 and August 26, 1987. He said a portion of the delay was because the State needed to review the Operations Plan which was developed. Mr. Morrison said the issues to be considered at today's hearing are whether the new operator has the capability of meeting the Operations Plan; and what is the area within the Certificate of Designation which is to be defined as part of the transfer. Wes Potter, representing the Weld County Health Department, said he has reviewed the submitted Operations Plan. Mr. Potter said the area designated in the Plan is not consistent with the area recognized by the Health Department staff as being the existing landfill. After further comments by Mr. Potter, Steve Orzynski, representing the State Health Department, explained the State's role concerning this matter. He stated that there are several issues which can be considered today and they are: 1) That the Certificate of Designation may have expired in 1970, and maybe this should be viewed as a new application, and if this is the case, the State's recommendation would be for denial; 2) (a) If the Certificate of Designation is valid, does it refer to the entire 160 acres, and does it come under the grandfather clause. If this is true, then the State would recommend approval subject to certain conditions; and 2) (b) If the Certificate of Designation is valid for the south fill area only, with the east area needing a new application, the State would recommend denial of the application for said east area. Mr. Orzynski said the area is not a good landfill site, and he explained the reasons. After comments by Mr. Potter, Tom Hellerich, Attorney representing the applicant, came forward to give his presentation. Mr. Hellerich said the name of the applicant is McMill, Inc. , and not Circle "M" Partnership/McMill, Inc. Mr. Hellerich spoke about the Operations Plan and the Closure Plan. Doug Weinman, of Warzyn Engineering, commented on the Operations Plan, which was prepared by his company. Those coming forward to speak in favor of this request were Ed Gieck, Mayor of Ault; and Gary Carsten, Eaton Town Manager. (Tape Change #87-104) Doug McClure, associated with McMill, Inc. , came forward to answer ? /iv C. C. y' . . Page 2 RE: CERTIFICATION - McMILL questions of the Board. Chuck Cunliffe, Department of Planning Services Director, made comments concerning the area. Kim Houtchens, Attorney representing Waste Services, Inc. , came forward to make his presentation. Mr. Houtchens requested that the Board deny this request and consider the Plan as a Closure Plan. After Mr. Hellerich made his closing statements, Mr. Potter asked to make further comments. Lynn Keirnes, of Waste Services, Inc. , also made comments. Mr. Hellerich made rebuttal statements. Commissioner Kirby moved to recess for an Executive Session in order to meet with Mr. Morrison concerning points of law. The motion was seconded by Commissioner Yamaguchi and carried unanimously. Let the record reflect that the Commissioners and Mr. Morrison met in Executive Session at this time. Upon reconvening, Mr. Morrison explained that the legal issues, and his advice to the Board, which were discussed were: 1) The effect of the Resolutions which were referred to during this hearing concerning the closure, and the rescission of the contract relating to one of the Resolutions. Mr. Morrison stated that, in his opinion, this was a contractual obligation and was not an administrative decision which would, in effect, order the closure; and 2) The concept of the prior use, if a grandfathered use, concerning whether this application should be viewed as an existing landfill in its entirety, partially, or not at all. Commissioner Johnson said she believes thet a valid Certificate of Designation exists at this time, and therefore, she moved to approve the transfer of the Certificate of Designation to McMill, Inc. , subject to the following: 1) the only area to be included shall be the south area; 2) the conditions recommended by the Weld County Health Department; 3) the conditions recommended by the State Health Department; and 4) closure of the landfill shall be within two years. The motion, which was seconded by Commissioner Kirby, carried unanimously. This Certification was approved on the 19th day of October, 1987. APPROVED: / . BOARD OF COUNTY COMMISSIONERS ATTEST: :e p�d(tC4t) WELD COUNTY, LORADO t; r Weld County C erk and Recorder f / 'r and Clerk to the Boar Cor on acy, anon BYE v\yyam//n�.Ve i AL-C-11,6) — D�puty County C k C.W. Irby, Pro-Tem eitif ?ene R. Brantner Ja.quel John_o. ran 8fnaguc i TAPE #87-103 & #87-104 DOCKET #87-12 PL0114 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: OCTOBER 14, 1987 DOCKET # 87-41 USR-AUTO SALVAGE, ERIE ROAD JOIN VENTURE (CONT FROM 7/1/87) DOCKET # 87-60 USR-RECREATIONAL GUEST FARM, WESTERN WILDLIFE ADVENTURES DOCKET # 87-12 TRANSFER CERTIFICATE OF DESIGNATION-CIRCLE "M" PARTNERSHIP/McMILL, INC. NAME ADDRESS HEARING ATTENDING Syvo.,! 1Eie.4 S !`1664 rW^11A) tt,u0 Ott;a- Wblin,Nsiiit CO ?I- i),_ /;7t,c( 4'/� / pkt",944v/>JC /f-4c/ø " v /3f/4-/7 rs-•i G a. )%%< /ea cf 7 V, °cr�n„ ,e. J. 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EATON LANDFILL DOCKET #87-12 NOTICE IS HEREBY GIVEN of a hearing before the Board of County Commissioners of Weld County, Colorado, on the 25th day of March, 1987, at the hour of 2:00 p.m. in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering the application from Circle "M" Partnership/McMill, Inc. for the transfer of a Certificate of Designation to operate a solid wastes disposal site and facility in Weld County, Colorado. The existing Certificate of Designation is for the operation of the Eaton Landfill located in a portion of the Si of Section 21, Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado. This procedure is in accordance with the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-101, et seq. , CRS, as amended, and regulations issued pursuant thereto at 6 CCR 1007-2. Copies of the application for the transfer of a Certificate of Designation may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Following the close of the public hearing, the Board of County Commissioners will consider whether or not to transfer the Certificate of Designation to Circle "M" Partnership/McMill, Inc. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Under the law, all interested parties will be afforded an opportunity to be heard at said hearing. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: March 9, 1987 PUBLISHED: March 12, 1987, in the Johnstown Breeze 371316 Er e e PROOF OF PUBLICATION , �* OF The North Weld Herald ' Iitiga WASTEDISPOSALSHE AND 4 FACOUrYCIRCLE"M"PARTNERSHIP/ Eaton, Colorado 80615 mcMpd.,INC.EATON LANDFILL DUCKET#87.12 NOTICE Board P.BY GIVEN a a burin` STATE OF COLORADO, ofh We rasa County cubdai t of Weld County,tabour,r the 25th day Mach,t907 at the beer et]tit P.M.In We County of Weld ) SS. Camber eF the Beard a Glory Crab- sans of Weld County, Caendo, Weld Co unty CatawbaCater,915 11th Sheet, Flat Flour,Greeley, Colima,yy for the p pr of cathe e ee Circle"M"Puaeseay/11fra Inc.kr the . trader of a Certificate of Designation to operate a solid wastes deposal site and 6cR- fCertifier°ly k Weld Canty,Coloradfee o.The existing ?W{n. L0_cSon- , do solemnly swear that I am ales Designation loctedte la operationaprtion.1 M of THE NORTH WELD HERALD; that the the S% a Salon 21, Tamar 7 North' �:C4- I t a�R. Range a West the 6th P.M.,'Weld Caw same is a wt`ekly newspaper printed, in whole or in part, and y, This orreat ra�teork.l Sirs and accordance with the c published in the County of Weld, State of Colorado, and has FPaSt. Act,`Seam lm 3 p30-19.161,lll, aeeg., a general circulation therein; and that said newspaper hasCIS thereto a mended, CCand CR l 2.iens band been published continuously and uninterruptedly in said Cepa a the application for the a..ler of a Catteste of DulyrOa may he era County of Weld for a period of more than fifty-two con- red in the core a the Oak le We Brach secutive weeks next prior to the first publication of the Cagy SWlabs,leaded le the Weld Cary Centennial Center,915 IOW Street, annexed legal notice or advertisement; that said newspaper Ma Par,Greeley,Colorado. Pollowing a dein et the palic has been admitted to the United States mails as second- a. County lard of County Commissioners will class matter under the provision of the Act of March 3, 1879 • to berfer the Cr. Maeof whethe Clrele r or any amendments thereof, and that said newspaper is a Ine- htterestod party desire the weekly newspaper duly qualified for publishing legal yaaa regales to akea aeceid notices and advertisements within the meaning of the laws el Se be heahe raped rear which ing, of the State of Colorado. the Mork to the Bord'sO®ae can becontac- ted dr.list of certified cart marten in the area.B a coot reporter is obYked,the Cat That the annexed legal notice or advertisement was to the Board'sMooshall be awaked In railing of sea ocden at least five days wlr published in the regular and entire issue of every number of terror the clue bT a�« BSB � said weekly newspaper for the period of (yak (N consecutive insertions; and that the first publication of said aUfforded an an opportunity Interested be d at notice was in the issue of said newspaper dated said bearing. 411b1hCk \CV A.D., 19 'i'", BOARD OFCO COMMISSIONERS WELDCODN and that the last publication of said notice was in the issue BY:MARY ANN FEDEREUERRADO SAEIN of said publication dated `1\ct>u'k IA A.D., 19 2, courar CLEM AND RECORDER AND CLERK TO THE BOARD In witne s whereof I have hereunto set my hand this PO,.ED Mnch9,1987BYtMg"Reiff',ty ' ,3% .-- day of `-) \With, ( A.D., 19 ¶ . hed Mora If,1997oai.I Weld B Mt nk, '�'f�30\IJ IRS. -Editor Subscribed and sworn to before me, a notary public in - and for the County of Weld, State of Colorado, this q?309A day of /z1ARc y A.D., 19 <r Notary Public dd3n-resr s' F,4 rn.v, ea, roc's- - My Commission Expires Oct. 19, 1990 8713966 • NOTICE TWOS' OF COIITIMCATO OF p{OgMAAOM FOIL A SOLID ND ITT IRCUS AFFIDAVIT OF PUBLICATION "N" PARTIN I►/MsNLI.e INC. EATON DOCKET NO. 87-t 0 NOTICE IS HEREBY GIVEN of a THE JOHNSTOWN BREEZE hearing before the Board of County Commissioners of Weld STATE OF COLORADO 11 5S Cda ofounty, Colorado on the 25th 200 p.m.ninithe�Chamberrs COUNTY OF WELD of of i the Board of County Commis 1, Clyde Briggs, do solemnly swear that I redo, a of Weld County, Colo-al am publisher of The Johnstown Breeze; • redo, Weld 11 County ryStreet, First that thesame is a weekly newspaper Floor, Greeley, Colorado,Street, the printed, in whole or in part, and published purpose of frocmnslCircle. the Partnership/McMil1, Inc. for the in the County of Weld, State of Colorado, transfer of a Certificate of pew- and has a general circulation therein; that nation to operate a solid wastes said newspaper has been published disposal site and facility in Wed County, Colorado. The existing continuously and uninterruptedly in said open of Designation the en Eonis for County of Weld for a period of more than theLa operation of onion the SY2 of located in a portion Townshipof fifty-two consecutive weeks prior to the the Section nt2 , of 7 North, Range 85 West of the first publication of the annexed legal notice 8th.P.M.Weld County,Colorado, or advertisement; that said newspaper has This procedure is in accordant)* with the Solid, Wastes Dismaal been admitted to the United States mails as Sites and nd lities Act, Sedan 3020-101, et seq., CRS, as second-class matter under the provisions of amended,and regulations issued the Act of March 3, 1819, or any pursuant thereto at 8 CCR 1007- amendments thereof, and that said' Copies of the application for the newspaper is a weekly newspaper duly transfer of a Certificate o of InDesk?the qualified for publishing legal notices and nation may be examined in the office of the Clerk to the 'Board d advertisements within the meaning of the. in h Weld County Centenniallocatedthe laws of the State of Colorado. TMrd Center, Greeley,Colorrado. That the annexed legal notice or advertise- Following the close of the public ment was published in the regular and hearing, the Board of County entire issue of every number of said weekly Commissioners will consider whether or not to transfer the newspaper for the period of / consecu- Certificate of Designation to live insertions; and that the first Circle "M" PartnemNP/MCAN14 publication of said notice was in the issue of Should any interested Pares said newspaper dated . 7.CC- A.U. Ibo3 desire the presence of a cow and that the last publication of said notice proceedings,oceer make a record to the was in the issue of said newspaper dated tae d winhich ichad will be the A.D. 19 during the rhea hearing, the Clerk to the Board's Office can be con- tacted In witness whereof I have hereunto set rt for a list of certified court my handthis 16 day of kt?°'Y reporters in the ed,the a court 8 theortBr Odd Clerk to A.D. 19. the Board's iv Office shall be advised in writing of such action at least five days prior togi the 6,7 hearing The ht engaging a court reporter shall be Dome by the reuesting party. Publisher Under the law, all interested parties will be afforded an opportunity to be heard at said hearing. Subscribed and sworn to before me, a BOARD OF COUNTY Notary Public in and for the County of COMMISSIONERSday of �• wZ�,Id, State of ColoradpJhis ..7.4... WECo ORLANDO - ,444-1.-- A.D. 19 r/... BY:FEUERS ANN �J��//�- COUNTY CLERK AND 4 G�. •.r x'^1h-Zre- RECORDTO AND BOARD Notary Public BY: Mary Reiff, Deputy DATED: March 9 1987 My commission expires PUBLISHED: March 12, 1087,In the Johnstown Breeze My Csmrnissior %xrira9 hung 14. 1987 2 South Pnr!;f Av.. • ' 871306 TREASURER'S OFFICE,WELD COUNTY 816 5 , ' Greeley,Colorado. . 1 .'. 1! ., ` , 19r RECEIVED OF *M O& 0M-&-- $ . 3C0.°° 0j2, _ "Q Cj.C/L,_ FOR CREDIT 61_3(.1.2j 1 . � � c/ County General Fund 101 0000 � �-,tc !XE Ca Health Department 119 0000 Human Resources 121 0000 Social Services 112 0000 Housing Authority Road & Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 - School District Gen Fund School District C R F School District Bond Fund FRANCIS M. LOUSTALET _ TOTAL AMOUNT County Treasurer Clerk S� ©l:JJ�� 1 87136 _ ' \-4.-- RESOLUTION RE: CAGREEMENT ATND AND AIRMAN TO SIGN ASANITARY LANDFILL ONTRACT AND AUTHORIZATION 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 , Colorado Landfill , Inc. and Weld County, Colorado entered into a contract on the 6th day of June, 1979 , and WHEREAS , Colorado Landfill , Inc. and Weld County, Colorado now desire to rescind and terminate said contract, as stated in the copy of the agreement attached hereto and incorporated herein by reference, and WHEREAS , the Board has studied said agreement and deems it advisable to approve the same. , , NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement to rescind and terminate the contract between Colorado Landfill, Inc. and Weld County, Colorado, entered into on the 6th day of June , 1979 , be , and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be , and hereby is , authorized to sign same. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 7th day of July , A. D. , 1982 . ‘11161 BOARD OF COUNTY COMMISSIONERS ATTEST: Q1Al WELD COUNTY, COLORADO Weld County Clerk and Rec deT T Marti hairman and tierk to the Board ) ,4 /Deputy County — uck Carlson, Pro-Tem Deputy County C erk APPROVED AS TO FORM: EXCUSED Norman Carlson - _L— O. < /1,1-, /1--ti--y County Attorney 'r . Kirby e K. Steinmark y EXHIBIT lI DATE PRESENTED: July 12 , 1982 L7 c 1_. I ( it 1 reT '7 871306 LIMITED IMPACT (110) PERMIT APPLICATION CIRCLE M PARTNERSHIP EXHIBIT A--LEG::L DESCRIPTION A tract of land located in the SW4, SC , Sec 21, T7N, R 65W 6th P.M. EXHIBIT B--MINING PLAN The McClure Pit is a dry pit. It was begun 45 years ago. Weld County will be the principle operator of the pit and will supply the equipment and operators. The operation will begin at the North end of Tract A as shown on the map. Top- soil will be removed and stored near the South end of the tract with the balance of the overburden stored adjacent to it. Equipment to be used will consist of dozers, loaders, belly dumps, and end dumps. Excavation will continue until the the clay layer is encountered which is ten to twelve below the surface. Water level is five to seven feet below the clay level. There will be roughly 25,000 tons of material excavated per year. As the area becomes large enough to work in, the bottom will be rough graded so the oberburden and topsoil can be replaced to conform to the existing grade of the farm land to the East and South (Tract B). EXHIBIT D --WILDLIFE, WATER RESOURCES, VEGETATION, SOILS INFORMATION WILDLIFE The wildlife found on the proposed pit is the same found on any Northern Colorado irrigated farm. They consist of ground squirrels, mice, an occasional rabbit, and native birds. There are no endangered or limited species in the area. There is a sanitary landfill operation immediately to the West with operations basically the same as the gravel operation will be with little if any impact on the wildlife present. WATER RESOURCES Water will not be used in the operation. It also will not approach the water table. Consequently, there will be no affect on the aquifer or the creeks that catch the drainage from the area. VEGETATION Ground Cover. SOILS INFORMATION See attached log information. EXHIBIT E--RECLAMATION PLAN The McCluresoperated a gravel pit in conjunction with farming operations from 1938 to 1967. The area Fast and South (Tract B) of the proposed pit was ex- cavated for gravel and reclaimed for farm land. It is now rented out with various kinds of produce being the main crop.. The area to the West (Tract C) was started as a gravel pit in 1952 and completed in 1967, A sanitary Landfill was started in 1967 following strict reclamation procdures. Most of the area has now been filled to the original elevation and is now farm land. The tract for the proposed pit will be excavated to a clay layer. As stated in the mining plan the topsoil and overburden will be stockpiled and after the work is completed the area will be rough graded, topsoil replaced to a depth of 12" to 16", and graded to meet the existing farm land. The reclaimed land will then become farm land, Roughly 35 acres have been excavated and reclaimed over the years using this method resulting in highly productive land. We request that there be no reclamation bond as we have a proven record of reclamation and have always returned the land to Ite intended use. We have our own equipment, ie., loader, dozer, etc. and the cost of reclamation is low. •' EXHIBIT 871306 16//4 SUPPORTING STATEMENTS FOR SPECIAL REVIEW APPLICAT_IOI, CIRCLE M PARTNERSHIP The area in which the use by special review is requested has been known as the McClure gravel pit for the past 35 years. Gravel excavation was begun in 1938 and terminated on the retail level in 1968. A Sanitary Landfill was started in 1966 and cover material has been taken from this area since that time. Weld County has leased certain areas since the 1950's for excavation of gravel for County roads with the last lease expiring in 1963. This request for a Special Use Permit is primarily for the use of Weld County as they have indicated that they will need roughly 50,000 tons of gravel for area roads in the next few years. Weld County will provide their equipment and employees for the operation of the pit. The area is zoned A and the tract complies with Weld County Zoning ordinance Section 50. As the areas have been excavated, they have been fine graded and returned to farm land. Other old pit areas have been used by the landfill, graded and are now farm land. When the gravel has been excavated from this new area it will be returned to farm land. A Limited Impact Permit application for an open dry pit mine has been filed with the State Mined Land Reclamation Division. The North end of the proposed area is 350 feet from the property Line. The South end is 650 feet from Count road 78. The area to the East is a reclaimed pit now in farm land and the area to the West is the landfill and reclaimed farm land. The only entrance/Exit to the property is from Road 78 between Roads 41 and 43. 871306 _ EXHIBIT RESOLUTION 0 RE: APPROVAL OF ADDENDUM OF SANITARY LANDFILL 'CONTRACT BETWEEN WELD COUNTY, COLORADO AND COLORADO LANDFILL, INC. AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. 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 6 , 1979 , the Board of County Commissioners and Colorado Landfill , Inc. entered into a Sanitary Landfill Con- tract setting forth the terms under which Colorado Landfill , Inc. would operate sanitary landfills in Weld County, Colorado, and WHEREAS, the Board of County Commissioners and Colorado Landfill , Inc. , desire to amend said Contract to provide that the Eaton Landfill shall be closed no later than January 1, 1923 rather than January 1 , 1981 , and WHEREAS, an Addendum to said Contract has been prepared setting forth said amendment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Addendum to the Sanitary Landfill Contract between Weld County, Colorado and Colorado Landfill , Inc. be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the Chairman of the Board is hereby authorized to sign said Addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D. , 1980 . \-j'<�'1 /1 / / BOARD OF COUNTY COMMISSIONERS ATTEST: 10..c. (;f,,.,,v+. TtGUA4/12.61„/ WELD COUNTY, COLORADO / . �(/ Weld County Clerk and Recorder / t2C./ (Aye) and Clerk to the Bo rd C . W. Kifby, phirman ABSENT DATE SIGNED BY: , /YL 2Q (7 (Aye) Deputy ep Cou Jerk Leonard L. Roe, Pro-Tem APWROyD AS TO FORM: f y r e� (�cr „o (Aye) C M 17 re Norman Carlson County Attorney (Aye) Ly i un ar .t e K. Steinmark /.% DATE PRESENTED: DECEMBER 22 , 1980 871306 l ADDENDUM TO SANITARY LANDFILL CONTRACT THIS ADDENDUM is made and entered into this 17th day of December, 1980 , by and between WELD COUNTY, COLORADO, herein- after referred to as "County, " and COLORADO LANDFILL, INC. , a Colorado corporation , hereinafter referred to as "Landfill. " WITNESSETH: WHEREAS, on June 6, 1979 , County and Landfill entered into a Sanitary Landfill Contract setting forth the terms under which Landfill would operate sanitary landfills in Weld County, Colo- rado, and WHEREAS , Paragraph 12 of said Agreement provides that Land- fill shall close the Eaton Landfill not later than January 1 , 1981 , and WHEREAS, the parties hereto desire to amend said Contract to provide that Eaton Landfill shall be closed no later than January 1 , 1983 provided that the County may require closure prior to January 1 , 1983 with sixty (60) days prior written notice. NOW, THEREFORE, the parties hereto , in consideration of the mutual promises and covenants contained herein, do hereby agree that Paragraph 12 of the Sanitary Landfill Contract dated June 6 , 1979 is hereby amended to read as follows : "12. In cooperation with Weld County officials, Landfill agrees that they will close the dumps and landfills at Fort Lupton, Prospect Valley, Windsor and Eaton in accordance with the following proposed time frame, and simul- taneously replace these sites with alterna- tive types of transfer stations or landfill sites. The proposed time frame for closure of the Fort Lupton, Prospect Valley, Windsor and Eaton sites is as follows : Name Date Fort Lupton Not later than January 1 , 1980 Prospect Valley Not later than January 1 , 1980 871306 Name Date Windsor Not later than June 1, 1980 Eaton Not later than January 1, 1983 Notwithstanding any other provision of this Contract to the contrary, County may require closure of the Eaton Landfill within sixty (60) days of the date on which County gives notice to Landfill that earlier closure of said Landfill shall be required. Upon being given such notice, Landfill shall .immediately commence closure operations and shall fully accomplish said closure within said sixty (60) days . " IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed by their duly authorized officers . %...-,- BOARD OF COUNTY COMMISSIONERS ATTEST: 11Inu. t'✓1nn2 R. !r"CV.4%t .y✓ WELD COUNTY, COLORADO Weld Co my Clerk and Recorder By: ,K-Lc �y/ and Cle k to the Bo- C. W. Irby Chairman 3y: , 1 • �eputy Count 'lerk COLORADO LANDFILL, INC . BY `" 4 q) 9/as1d 6/Nol, C. Lynn Keirnes, President 871306 -2- GOODELL MACHINERY RENTALS & SALES Orville R.Goodell,Owner P.O.Box 1016 EATON,CO 80615 Phone:454-3949 Denver Phone:825-6686 1 , A. ram ...Jr Dar'% (e le rilTVIV 9 . C7CL.HR ^ , in:-3^ 1-C7TIM , rNC . 2C701 -i(Tr -, HtrrN , C ( 1_C nC r, T. rTTIH PEL , TTCNSFP , ,. r, TT?.a _MJ' : Tr— i .. F A\.. � AT' LT. TIME: , TXTZFRS , I C _..k sRS , MC _CTT _'”).A0F.: S- , sc./,SIR: , TRUCK: , NT 7AGic TALH: , FEAR RENT TO Yell AT RN CTT 3 N TTC.. . TT'ANA YOU i t m +P .r: 2 i Il EXHIBIT • ®, 871306 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH of®�qp 4210 East 11th Avenue ;-��`��'��'9° 0 Denver Colorado 8 Phone (303) 320-8333 N' ,A n ,'; '18, ' p,7,7)Y , . � � Roy Romer L t I Governor October 8, 1987 0CT 121987 ( homas M. Vernon, M D I' Executive Director Weld County Commissioners Box 758 Greeley, Colorado 80632 Dear County Commissioners: This Department's recommendation for approval/denial of McMill Inc's Operations Report dated August, 1987 needs to be presented under two scenarios: 1) The Certificate of Designation (CD) issued in 1969 expired in 1970 and Weld County has determined that the CD is no longer valid; 2) The CD for the site itself is valid, however, the operator has changed several times and McMill Inc. is requesting a transfer of the CD to become the new operator. If the County's decision is Scenario #1, then this Department would review the Report as an application for a new site and evaluate the geohydrological design and operating characteristics of the site for compliance with Sections 2 and 4 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6CCR 1007-2) . Primarily due to the minimal separation of groundwater and trash, the lack of impervious materials separating ground water and trash, and the inadequate impermeability of the final cover, this Department would recommend denial of the application as proposed. The Department would consider the past landfill practices to be in non-compliance due to the lack of a CD and would recommend closure of the landfill. Based on the considerable efforts expended by McMill Inc. to improve the site and the need to bring the site to an appropriate final grade, the operations plan for the South Fill Area would generally be accepted as a closure plan with the following conditions: i) the base grade be raised 1 foot. ii) the final cover consist of 2 feet of a clay-sand mixture with a permeability no less than 10-6 cm/sec and 1 foot of topsoil and the final cover be applied continuously. 871336 / t xI1 e3/7 / / Weld County Commissioners Page 2 October 8, 1987 iii) a commitment to a 10-year post-closure annual monitoring and maintenance program be made. iv) submittal of a contingency plan addressing what actions will be taken if groundwater or surface water contamination occurs during the closure and post-closure period. If the County's decision is that Scenario #2 is appropriate, this Department would evaluate the Operations Report as a Substantial Change in Operations per Sections 1.3.4 and 2 of the Regulations. This Department would recommend that the Operations Report for the South and East Fill areas be generally accepted with the following conditions: i) the base grade in the South area be raised 1 foot and in the East area 2 feet. ii) the final cover consist of 2 foot of a clay-sand mixture with a permeability no less than 10-6 cm/sec and 1 foot of topsoil and the final cover be applied continuously. iii) a commitment to a 10-year post-closure annual monitoring and maintenance program be made. iv) submittal of a contingency plan addressing what actions will be taken if groundwater or surface water contamination occur during the closure and post-closure period. v) the landfill close within 4.5 years. If you have any questions or comments regarding our recommendation please contact Steve Orzynski at 331-4846. Sincerely, 41/44 Fur Ken Mesch, Section Chief Stephen J. Orzynski, P.E. Land Pollution Control Section Public Health Engineer Hazardous Materials and Hazardous Materials and Waste Management Division Waste Management Division SJO/lr cc: Weld County Planning Department Wes Potter, Weld County Health Department McMill Inc. 871306 ITIEMORAnDuri1 Wl�ID� Weld County Board of To Commissioners October 1, 1987 Date COLORADO From Wes Potter, Director, Health Protection Services ! �J Operations Plan for Eaton Landfill Subject: The staff has reviewed the operations report submitted by Warzyn Engineering, Inc. for the Eaton Landfill to be operated by McMill, Inc. , Greeley, Colorado. The operation report was required to be submitted in support of a request for an amended Certificate of Designation with McMill, Inc. as the proposed operator of the landfill. The operations report describes an area to be fill which is in excess of the presently existing landfill and amounts to, in the staff's interpretation, an expansion of the operation of the landfill. The size and location of the landfill area are described on the plat submitted for USR-637:84:33 and discussed in memoranda dated April 20, 1987 and April 22, 1987 (copies attached) . The operations plan reveals other problems which need to be addressed: A. There may not be sufficient clay material available to properly line and cap the area to be filled with refuse on the south fill area and most especially, for the east fill area. B. It is questionable whether the D7 cat and John Deere front-end loader will be sufficient equipment to compact and cover the fill, especially during times of peak use and/or when an advancing weather front would necessitate rapid coverage to avoid blowing trash. C. Due to the geology of the site and the questions regarding groundwater impact of the site, a contingency plan to abate groundwater contamination from possible leachates from the fill should be considered. The County Commissioners may want to consider setting a deadline for submitting a contingency plan sometime in the future prior to actual closure of the landfill. Based upon the operations plan submitted and an evaluation of the ability of McMil1, Inc. to operate the landfill, the division recommends for approval of the application with the following conditions: 1. Area to be filled is restricted to the area designated as the "south fill area" in the operations plan. 2. No further expansion of the landfill be considered and the landfill is closed upon completion of filling of the "south fill area". ` + 0CT 21987 s" tiJ .Exma.; ,( '8'71306 3. A source of clay material be identified and shown to be available for operation and final closure, and the operator agrees to place a one-foot layer of compacted clay over the fill below the final cover soil layer to retard and inhibit infiltration and percolation of water into the fill material. 4. Additional earth moving and compaction equipment is identified and shown to be available on demand for the operation of the landfill. 5. The pile of tires at the landfill will be removed and completely cleaned up within six (6) months of approval of the amended Certificate of Designation. 6. A contingency plan for abatement and remediation of leachates from the fill detected to be impacting the groundwater beneath and adjacent to the site, will be submitted for approval by the Department of Health within one year of approval of the amended Certificate of Designation. enclosures 871306 STATE OF COLORADO COLORADO DEPARTMENT OF HEAL TH of co 0 4210 East 11th Avenue rig t. `ree�{ �90 Denver, Colorado 80220 i3#At'i �` � �! `l x r. Phone (303) 320-8333 41 ( r �j gry p t II 876 11 SE i1 81987 ILA GKay overnorer If Thomas M. Vernon, M.D. 3L�Y. 1. h.0. September 11, 1987 Executive Director «t_ � Mr. Alfred Miller McMill Inc. 20701 Weld County Road 78 Eaton, Colorado 80615 Dear Alfred: I have reviewed the Eaton Landfill's Design and Operation Plan submitted to me on August 7, 1987 to determine if the facility can meet the minimum requirements of the Solid Wastes Disposal Sites and Facilities Act, Title 30-20-Part 1, C.R.S. 1973, and the accompanying Regulations Pertaining to Solid Waste Disposal Sites and Facilities. I have developed the following list of questions and comments which should be addressed prior to this Division recommending approval or denial of your plan to the Weld County Commissioners. Where appropriate, I have noted the pertinent section of the Solid Waste Regulations: 1) Has McMill Inc. applied to the Air Pollution Control Division to amend its Emissions Permit (odors and dust) to reflect changes in the landfill design and operation? 2) Page 1-1 of the Operations Report: The landfill can not accept sludges, liquid wastes, ashes, and truckload quantities of tires. Special wastes can not be accepted without County and State approval (Section 2.2.11.) . 3) Page 1-2: Off-site litter should be collected immediately following a wind event. 4) Page 1-3: This Division recommends that water quality monitoring be done on a semi-annual basis rather than quarterly. These results must be reported to both the County and the State. 5) Page 1-3: McMill Inc. has been delinquent in paying the State solid waste user fee since the beginning of 1987. Apparently, the fees are being collected but not forwarded to the State. Please note that the fees are due 30 days following the end of each calendar quarter. ( s 071396 Mr. Alfred Miller Page Two September 11, 1987 6) Page 1-4: Please elaborate on the surface drainage controls for run-on and run-off during the active life of the landfill and following closure (Sections 2.2.2. and 2.4.5. ) . 7) Page 1-5: Can wind information be obtained from a closer source than Denver? 8) Page 1-6: Can the John Deere loader keep up with daily cover and - final cover requirements? 9) Page 1-6: Are refuse densities of 1,000 pounds per cubic yard attainable with the type of refuse entering the landfill and the compaction capability of a Cat D7? 10) Page 1-7: Won't EMW-2 be in the middle of trash once the East Fill area is completed? This well may need to be sealed and a new down gradient well completed. Depth of groundwater should be recorded during each sampling event. Will the samples be collected by trained sampling personnel? COD and T0C should be added to the monitoring parameters. 11) Page 1-8: Should the gatehouse be monitored for methane (Section 2.2.6.)? 12) Page 1-9: Will "siltier sand and gravel" be adequate as a component of final cover? Will top soil be placed as part of the 3 feet of final cover? Are adequate amounts of top soil available? 13) Page 1-8: The State currently recommeds that a 10-year post closure monitoring and care program be a part of a County's CD requirements. What is the projected land use of the closed landfill? 14) The base grade for the-South Fill area is 4818 feet. The 6/20/84 Water Table Map show a ground water elevation in the South Fill area to range from 4812 feet and the groundwater elevation ranges from 4815 to 4818 feet. Therefore, the trash and groundwater are separated by 3 to 6 feet of silty sands and gravels. This minimal separation may not even reflect a seasonally high groundwater table condition. Much more information is needed on the measures which will be taken to prevent groundwater contamination. 15) Page 2-3: Has any soils testing been done to support the final cover permeability of 0.00001 cm/s? 16) Page 2-4: Daily cover would be required for this site to control odors, wind-blown litter, vectors, and infiltration. 871306 Mr. Alfred Miller Page Three September 11, 1987 17) Page D-1: What's the rationale for using a 12:1 refuse to daily cover ratio? 18) Page D-2: Significant parts of the road may be trash rather than dirt. Is 14,250 cubic yards of surficial material available from adjacent land? Does McMi1l Inc. own this dirt? 19) Page D-5: How wide is the Weld County Road 78 ROW? 20) Page E-1: Will the drainage swale and other run-on and run-off structures be protected from erosion? 21) What is the elevation of the 100-year floodplain for Lone Tree Creek? Should you have any questions about these questions and comments, please contact me at 331-4846. Sincerely, Stephen J. Orzynski, P.E. Public Health Engineer Hazardous Materials and Waste Management Division SJO:clb/1958K cc: Weld County Commissioners Wes Potter, Weld County Health Department 871306 NELSON ENGINEERS GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303) 356-6362 September 1 , 1987 WEIS O1W! %MAI BS s EC 4 �. Steve Orzynski, Public Health Engineer SEP 91987 Colorado Department of Health Hazard Materials and Waste Management 4210 East 11th Avenue GREELEY• COLO- Denver, Colorado 80220 Re: Eaton, Colorado Landfill, Weld County, Colorado Operations Report 50196 as prepared by Warzyn Engineering, Inc. , Greeley, Colorado, August, 1987 Dear Steve: I have just completed a review of the subject report in behalf of Waste Services, Inc. , owned by Lynn and Lela Keirnes. Lynn has also reviewed a copy of this operations report and we have compared notes. Our reviews of the report are in accord with conversations that you have had with Lynn asking that if we had comments to feel free to make them to you. It is for that purpose that we are presenting this letter. We do, in fact, have some comments that we hope will be helpful to you in your review of the subject report. As we understand the requirements for an operations plan, this operations report does not fit the required specifications. It does not address all of the issues required by the Colorado Regulations for a full blown operations plan. However, it may be that a total operations plan was not even intended because this report was prepared in conjunction with a current Certificate of Designation request as a result of change of ownerships. As we see this certificate of designation request, an increase in the area of the landfill is indicated. If that is the case, then the Colorado Regulations pertaining to solid waste sites developed October 30, 1985, is not being complied with. Certainly by the definition in those regulations under Paragraph 1. 2 "Definitions AAA" it states that " a substantial change in operations means any redesign or plan construction which would significantly change the plan design performance of a facility for solid waste disposal as originally designated " . We see any change in size of the landfill as a substantial change of operations . We offer some other information about this landfill site that may or may not be pertinent, but it is history. The Certificate of Designation expired about April, 1970 , according to the records of the Weld County Planning Department. The current operation has been declared by that planning department as a 871396 Steve Orzynski, Public Health Engineer Colorado Department of Health Septemer 1, 1987 Page Two nonconforming use with no operations plan on record. An approved operations plan, according to the information we have, is necessary before the Certificate of Designation could be rein- stated or transferred; if in fact it even exists . This -landfill was recommended for closure by the county in its studies of 1979 because of noncompliance with regulations . That closure was to occur in 1980 or 1981, although that requirement was extended by resolution to 1983. No closure occured then or to this date, yet little has been done to make the landfill comply with the regula- tions during the interim period. The operations report discusses on page 2-3 under Item 4.6.2, "Existing site operations do not require the placement of a liner. " The report, so far as we are aware, does not discuss liner at any- other section. It is our understanding, however, that this site is an old gravel mine area and is somewhat porous. Because the area is suspect with regard to permeability, a greater discussion of the liner requirement is necessary. The report does discuss the onsite silty sand and sandy silt deposits, which usually are quite permeable. Yet the report says that at a 3% to 5% above optimum moisture content and a compaction of 85% to 90% will result in an impermeable state. This type of material at the stated moisture content would be unstable. There is no discus- sion of the permeability of that material at a lower moisture content. Leachate production in the landfill should be estimated, and a method for its control defined. Groundwater contamination may occur on or near the site or some distance down gradient from the site as a result of leachate. We did not find a discussion of this issue. Due to material in Lone Creek bed being somewhat permeable, migration of that leachate down gradient and appearing in the surface water at some point can be expected. In addition, there is no pattern or control of surface drain- age, and the size and location of surface water runoff and diver- sion facilities is not included. Also, the earthwork quantities for cover are not supported. Reviewing other information with respect to the regulations pertaining to solid waste disposal sites and facilities, Item 4 .1.2 states, "Facilities for solid waste disposals shall not be located in flood plains. " . A study of the quadrangle maps for that specific area will show that there is potential for this landfill to be in a flood plain. 871306 Steve Orzynski, Public Health Engineer Colorado Department of Health September 1, 1987 Page Three Item 4.1 .6 states, "Facilities for solid waste disposal shall not place waste below or into surface water or ground water that has a potential or existing beneficial use or that is in direct communication with surface water or aquifer. " . Item 4.2 .1 states , "Ground water shall be protected from water pollution by leachate from the facility for solid waste disposal. " . Steve, we have only hit some of the high points of the report. Hopefully our thoughts and comments will be helpful and that the bit of history will also help in your evaluation. If you have any questions, please call me. Respectfully, NELSON ENGINEERS -a4g/hal aVern C. Nelson, P.E. LCN/gc cc: Lynn Keirnes Kim Houtches, Esquire Weld County Health Department Weld County Board of Commissioners 8713% STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH doe coto 4210 East 11th Avenue rig if n. e-� Q poi Denver, Colorado 802 *1*,r _ t �� Phone (303) 320-8333 n ' i ; `' `' ` ' j Lc fl 'lave`/ AUG 2 81987 1;1 I Roy Romer I i Governor Thomas M. Vernon, M.D. t REELEt. COLO. Executive Director August 20, 1987 Mr. Gordon E. Lacy, Chairman Weld County Commissioners P.O. Box 758 Greeley, Colorado 80632 Dear Chairman Lacy: This Division received the Eaton Landfill Operations Report on August 7, 1987. At the Commissioner's meeting on May 20, 1987, I indicated that the minimum review time for such an application is 45 to 60 days. Therefore, I will not be able to recommend that the Operations Report be approved or denied until late September or early October. Sincerely, fit i �.. Stephen J. Orzynski, P.E. Public Health Engineer Hazardous Materials and Waste Management Division SJO:clb/1847 cc: Wes Potter, Weld County Health Dept. 871306 LAn,sn_r STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH u4 co , WEEP COUNTY C{ NIXIONERS i``7 ®X' 4210 East 11th Avenue tet <a,132, )o Gl Denver, Colorado 80220 ��71 r j ( ` %1 Phone (303) 320-8333 i �L1 `i1J AUG 1 1 1987 August 7, 1987 • l ,i Roy Romer t !) Governor G:2EELEY. OO1O. Thomas M. Vernon, M.D. Executive Director Mr. Al Miller McMill Inc. Eaton Landfill 20701 Weld County Road 78 Eaton, Colorado Dear Mr. Miller: Please find enclosed a copy of an inspection report completed during a visit to your landfill on July 16, 1987. In general, the landfill's operation since your firm took over is much better than that performed by the previous operator. However, the acceptance of large amounts of tires presents several potential concerns. Tire piles can result in vector problems, groundwater pollution, and, as evidenced by Tire Mountain, can catch on fire and present an array of environmental hazards. This Department requests that you submit a written document detailing how and when the tires will be disposed or recycled. As of this date, this Department has not received the Design and Operations Plan. At the Commissioner's meeting on May 20, 1987, your firm indicated that the plan would be submitted in mid—June. At this time, it may not be possible for this Department to have a recommendation to the County Commissioners before the scheduled August 26, 1987 meeting. If you have any questions or comments regarding this letter please contact me at 331-4846. Sincerely, rwypu,, Stephen J. Orzynski, P.E. Public Health Engineer Hazardous Materials and Waste Management SJO:clb/1781K Enclosure cc w/enclosure: Weld County Commissioners Wes Potter, Weld County Health Dept. ,r1' 871306 SOLID WASTE FACILITY INSPECTION (Landfills) (i 7 County V V ejci DATE ,640 / Located in /��O Facility 6 pa�F ,' / _ /�co�rporated Area �I/FCCon y } /� Location �O7O/ IA)rid ol-1�L �OkcX 1y u4 ,i, Current Operator Mr r t Mailing Address of Operator Current Owner (If different) co, 11)6 Mailing Address of Owner (All items checked must be explaind in supplemental report) I. Public Health and/or Environmental Hazards fA. Public Health and/or Environmental Hazards /Up B. Evidence of Potential for (Serious) Surface Water Pollution /1/0 C• Evidence of Potential for (Serious) Groundwater Pollution OK D. Surface Diversion/Containment Facilities Inadequate or not In Maintained JE. Landfill Gas Migration Concerns NN F. Sludge or Septic Pumpings Disposal on Site (Unauthorized) Go,,.t 1 Operating Records not Maintained on Site Non—COT 1 ance w�h App owed Design d, Operation PICkJ1 1, �X{�' R // i/t /y // I. Other J pcIc//O; !f/13 Q /Qn,�P # �/,�//Y 3` /l0 ( 0V0 / r�- I(( 1C / is hL-><, r/ /- it e ✓/,,, Gi-F II. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present B. Inadequate and/or Irregular Cover D C. Inadequate Fencing (to control access and windblown debris) 0 D. Burning apparent Pifaccb L.E. Not Designated and/or Improperly Zoned III.� - Remarks / }/ / 1I / / 4C-it>t pie r a f)C' Ui, f!9/i/f-i t l/,/U// JJ/(QMk✓4{ 5 AQT 4a / 1/ ail / f — .f 1 r . ' r / n / s . , - s '7_ O / r I!/ V � �L�� S ..f►(I�71� n K/ GT n lr t , i an p re) -71-- s'P / P4vi'Rnff. a Dr? , lr,.n Ui/^C Cr? r 4 o.i /, f -Pt /PISYn/t. qq/ ��i��L�,a l`FC�f�lr P^/<Q/1�1D )lri�� -, n / t o„/nor !h72,-, u/ / r /., +Le pnr CJ , n �t,/,n,,/i a ' v1 Et Op /Q4 . 77 /r n Ain1 ! t I. IV/Ar�/i't1/ f/ D i Q-ic 0/0t/,17o,n r/71/ Bid nvis kr 4 ,^r(o/nA(14 lv7 on / r /Iyer 4inr n (, Win//di (olt,'y (Q.-nn/L,rio„(r T '-/-L° n b0// / ^. 4 � ^ -� i r l i7f1p7/An /1Gf / (n /7// rrrr V,7 r C r (r/ /( 1,2( bcync pciPr.,,ili +14- /4 ,111 J( (Name) PRESENT AT INSPECTION (Representing) V1/2 r P01-1(P 'Ve d (p,/. 4 #R 114 a0yint�ia/,� l /i�,]/<r ), lh/IllGnr Inspection Engineer/Geologist CT"1 ( l/J.-- 0v t;27/1) /6, //M ( 1ti/;0 8'71306 (WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) tmORAf1D �� ' � AVIC\Il m U MAY 2 01987 To Board of County Commissioners Date May 20, 1987G COLORADO From Department of Planning Services ( I 1 Eaton Landfill Site subject. The Department of Planning Services' staff established a Nonconforming Use #152:85: 17 for the Eaton Landfill operation in October, 1985. The Department's position regarding the approximate size of the landfill operation is based on the area shown on the Use by Special Review plat for USR-637:84:33. This plat was submitted by Circle M Partnership for approval of an open-cut gravel mining operation in May, 1984. The area identified as the landfill on the plat is approximately 750 feet by 420 feet or 7.231 acres. Mr. Paul McClure was advised of the Department's position and determination of the nonconforming use over one and one-half years ago when he met with representatives of the Weld County Health Department, Attorney's Office, and Planning Department. Mr. McClure was informed that if any enlargement or expansion beyond the landfill area shown on the Use by Special Review permit plat, approval of a new or amended Use by Special Review permit and Certificate of Designation would be required. The Department of Planning Services would also like to comment on the Operation Standards submitted by Circle M Partnership for review of the Certificate of Designation change of ownership. The Operation Standards address the extraction of sand and gravel on the property. These Standards appear on the Use by Special Review plat. Operation Standard 119 does apply to the landfill operation in that it limits the landfill area to the plans shown on the plat. This is consistent with the information given to Mr. McClure during our meeting with him. The Planning staff has met with personnel from the Health Department to review and discuss this matter. Mr. Potter's memorandum of April 26, 1987, is attached. We concur that the landfill area is limited to what is shown on the Use by Special Review plat. Our calculations of the square footage of the landfill area vary somewhat, but is due to individual interpretation of the plat and the method of calculation used. CC:rg _ 8713% xltiy�tl *‘Ir mEMORAn®um ° ° M ar MAY 2 01987 !P Chuck Cunliffe Department of Planning Apri -72; '987 To Date COLORADO From Wes Potter, Health Protection Services Eaton Landfill Site Subject: The Health Protection Services staff has reviewed the files on the Eaton Landfill and the Eaton Gravel Pit (USR-637:84:33) to evaluate and ascertain the actual size and location of the landfill area as directed by the Board of County Commissioners. The Certificate of Designation that was issued to Mr. McClure on April 9, 1969 designated the SEA of Section 21, Township 7 North, Range 65 West. This includes the entire 160 acres of the section. However, this certificate shows an expiration date of April 9, 1970. The landfill operation has been on—going since that time to the present. Since there is no documentation available to indicate which areas of the quarter section have been filled and since the applicant was granted a Use By Special Review on September 7, 1984 which designates a portion on the plot as "landfill", it is logical to consider that part as the designated landfill. Development standard #9 of the operation standards indicates that the use "shall be limited to the plans shown hereon". This can be interpreted to further confirm that area as "landfill". We determined the landfill to be 750 feet by 412.5 feet for a total of 309,375 square feet with a variable depth to the confining bed rock unit. The southwest corner of the landfill area is approximately 2850 feet from the west boundary of the USR site and approximately 356 feet 3 inches from the south boundary of the site. This location is by our interpretation of the plot and probably subject to correction by survey. Field checking will probably be necessary to evaluate the area available to be filled. DF- WW-- APR 2`', 1987 aid Cn Manning n0iS O 8 a 13(1)6 DISTFICT COURT •j COUNTY OF WELD No. 86 CV 92 STATE OF COLORADO MOTION TO STAY JUDGMENT PENDING APPEAL WASTE SERVICES, INC. , a Colorado corporation, Plaintiff , vs. ALFRED W. MILLER, DONALD GENE MILLER, and PAUL E. McCLURE, individually and d/b/a CIRCLE M PARTNERSHIP, a Colorado General Partnership, Defendants. COMES NOW the Defendants, Alfred W. Miller, Donald Gene Miller, and Paul E. McClure, individually and d/b/a Circle M Partnership, a Colorado General Partnership, by and through their attorney, Thomas E. Hellerich, and herewith request that the Court enter an Order pursuant to Colorado Rules of Civil Procedure, Rule 62, staying execution of judgment and writ of restitution, pending appeal, and for approval of an appeal bond, AND AS GROUNDS THEREFOR states as follows: 1. That pursuant to Colorado Appellate Rule 3, Notice of Appeal has been forwarded on the 7th day of February, 1986 to the Court of Appeals and that appeal of the final judgment and order is presently before the Court of Appeals. 2. That the Defendants agree to file with this Court a cost bond as set forth in the Colorado Appellate Rules in the amount of $250.00. 3. That the issues in this case involve possession, use and occupancy of ' the the real property described in the Complaint, and in the event that the Order is not stayed, the Defendants will be removed from the possession, occupancy and use of the property described in the Complaint. 4. That the Defendants are prepared to post a supersedeas bond, with appropriate sureties to assure that none party will be damaged or injured as a result of the stay of the Court' s Order. 5. That the Defendants request the Court approve a supersedeas bond, in a reasonable amount , and that all further proceedings be stayed pending appeal of the Court' s Order granting immediate possession to the Plaintiff. 6. That the Defendants' request for stay is based upon a good faith belief that there is reasonable and justifiable grounds in support of their appeal and that said appeal has not been perfected for purpose of delay. WHEREFORE, Defendants pray and request that the Court enter an Order staying all further proceedings and that the enforcement of the writ of restitution be stayed, pending the appeal, and that the Court approve an appropriate appeal bond (supersedeas bond) and cost bond, and O.`l�- kxy/L3/TI c� ?��` � "WU Wry DINNER, HELLERICH AND LAZAR MAR 2 51987 ATTORNEYS AND COUNSELORS AT LAW (7O9. MELVIN DINNER 630 GREELEY NATIONAL PLAZA THOMAS E.HELLERICH GREELEY.COLORADO 80631 MICHAEL A.LAZAR 1505)5523081 ELIZABETH E STROBE` March 25, 1987 CHARLES 1.CONNELL Board of County Comissioners Weld County Colorado 915 Tenth Avenue Greeley, CO 80631 Re: Circle M Partnership/Eaton Landfill change of name Dear Chairman and Members of the Board: On behalf of the applicant, Circle M Partnership, I am requesting that the hearing scheduled for March 25, 1987 concerning a change of name on the Eaton Landfill be continued to be rescheduled at the request of the applicant. This request is necessary as the applicant is not ready to proceed forward with the request. Your assistance in this matter is appreciated. Ve ruly yours, 6 SOMAS E. LLERICH Attorney at Law TEH:cs cc Lee Morrison Circle M Partnership Kim Houtchens 371306 DATE: March 9 , 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 25th day of March, 1987 , at 2: 00 P.M. Docket No. 87-12 - Certificate of Designation, Circle "M" Partnership/McMill , Inc. OFFICE OF THE CLE O THE BOARD BY: ii. 2210/ g Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNT RAD 6713% txNiBt 7 of•solo COLORADO DEPARTMENT OF HEALTH �Nzy y.o Govern r Lamm `�cY/ Thomas M. r M.D. Governor I g q 6 Executive Director I ebruar-y 19, 1987 l l FE82 )( ! 1987 Weld County Board ofG4, ^- R County Commissioners P.O. Box 758 Greeley, Colorado 80632 Re: Eaton Landfill; Change in Ownership Gentlemen: The Colorado Department of Health, Hazardous Materials and Waste Management Division has completed its review of Circle "M" Partnership/McMill Inc. to operate the Eaton Landfill in Weld County, Colorado. The Department approves the change in ownership provided Circle "M" Partnership/McMill Inc. commits operation the landfill in accordance with the approved operation plan, engineering design and Certificate of Designation. If you have any questions, please contact me at 331-4859. Sincerely, ) ,„6, cy ennis C. Hotov c Geologist Hazardous Materials and Waste Management Division DCH:clb/0745K a L L a 1 K. L�L 6-it A 4210] EAST 11TH AVENUE DENVER, COLORADO 80220 PHONE (303) 320-8333 S713f6 E X//18/7/� C� G,7 EXHIBIT INVENTORY CONTROL SHEET O Case / -0- ) 'c ? Exhibit Submitted By Exhibit Description . a A. eri aid VS/Li 3/ B Xi_D. -ogee vi / E. L dte./2-1 - 67 7/7 H. di-6 /0+21:1S et 2 fiii I. C aZt X9/ /. o7 v ., - J. 220-Za) il/2:1pc.ona-a- e-ael2_14' Sd. /4/felia_ja K- dd. /9.9V.e. VS-id 4,/227-0V__,6 e _e;1-1) Cd 249 '2 H. ere./C% lMthCeL tia2-1.4.€ : /c eyr Ica,"Arc/ / N. j i /R r JI I Pr" - Respectfully submitted, DINNER, HELLERICH AND LAZAR B O #2159 Thomas E. Hellerich 630 Greeley National Plaza Greeley, Colorado 80631 352-2081 CERTIFICATE OF MAILING I hereby certify that on the `I day of February, 1986, I served a true copy of the foregoing Notice of Appeal, by mailing a copy thereof, First Class, postage prepaid, to the following: Kim R. Houtchens 1007-9th Avenue Greeley, Colorado 80631 8713163 .�. v = -40O 1�M A . t Sp .' Yr is e. , :at DISTRICT COURT Case i.o . 86CV92 COUNTY OF WELD MINUTE ORDER STATE OF COLORADO Date February 14 , 1986 WASTE SERVICES , INC. , JOHN J . ALTHOFF Judge Plaintiff GAIL MINNIEAR vs . Reporter ALFRED W. MILLER, et al , Barbara A. Mowen Clerk Defendants Plaintiff appears by a representative and by counsel Kim Houtchens . Defendant Alfred Miller appears in person and by counsel Tom Hellerich. Cause comes on Hearing on Bond and Defendant ' s Motion to Stay. Defendants ' evidence. Alfred Miller is sworn and testifies . Defendants ' Exhibits 2, 3 and 4 are admitted. Plaintiff ' s evidence. Richard Keirnes is sworn and testifies . Plaintiff' s Exhibit M is offered but not admitted. Court sets the Bond at $125 , 000 . Recess. 871326 • SANITARY LANDFILL LEASE (Eaton Site) THIS LEASE is made and entered into this Z9 (4 day of (TeLzithx. , 1982 , between SPENCER FEED LOTS , INC . , a Colorado corporation , "Landlord " , hereinafter referred to as "Spencer" , and COLORADO LANDFILL, INC . , a Colorado corporation , "Tenant" , hereinafter referred to as CLI . RECITALS A. Spencer owns an excavated gravel pit located in the Southeast Quarter of Section 21, Township 7 North , Range 65 West of the th P .M. , Weld County, Colorado , and also owns a Certificate of Designation , No . 17 , for a solid-waste disposal site , granted to it by the Board of County Co muissioners of Weld County, . Colorado , to operate a sanitary landfill at the above-described site . B. CLI .has been operating a landfill on the. Spencer property under the authority of the Spencer site designation on a month-to-month lease basis and desires to formalize the lease . NOW, THEREFORE , in consideration of the mutual promises , covenants and agreements herein contained it is agreed as follows : 1 . Lease . Spencer does hereby lease to CLI L % and CLI does hereby lease from Spencer that certain rca1 property whic)67pryy .:e ;i.-:n,.-.i-l.' n jr.-�. . ,• ! c I _ 0 .S.� . Section 21 , Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado and the Certificate of Designation , No. 17 , for operation of a solid-waste disposal site granted by the Board of County Commissioners of Weld County, Colorado . 2 . Term. This Lease shall continue for a. period of eight years from and after the date hereof, or until the gravel pit is filled with trash , properly covered and closed as hereinafter provided, or until the Certificate of Designation allowing operation of a solid-waste disposal site on the premises is terminated or revoked by a governmental body, whichever event first occurs . 3 . Rental . CLI shall pay to Spencer as rental the sum of 15% of gross revenues from this site charged by CLI in the prior month . Such sum shall be payable by the 10th day of each month . Such sums shall be the only rental that shall be due and payable by CLI to Spencer . Spencer shall be obligated for• payment of all real estate taxes levied and assessed against the above property. 4 . Cover . Spencer shall furnish to CLI adequate daily cover material and final grade material as the same are needed for operation of the landfill within a reasonable distance from the site and CLI agrees that it will apply such daily covet and grade material in a proper fashion, leaving the premises after application of final grade material at proper grade for agricultural operations . Final grade material shall consist of a minimum of 20 inches of of top soil to be furnished by Spencer . CLI shall cause the site to be closed according to governmental regulations with the proper amount of cover material during the term that CLI is in possession of the property under this Lease . When properly closers , CLI shall have no further obligation to Spencer for maintenance of final grade cover material . The area to be filled is that within the red line shown on Exhibit A, attached hereto . 8 /pay 121 + 6 S . Compliance with Regulations . CLI shall at all times operate the landfill in compliance with rules and regulations of the Colorado Department of Health and Weld County, Colorado, and any other regulatory governmental agencies to the extent that CLI can reasonably comply with such regulations , so as to not work a revocation or suspension of the Certificate of Designation No. 17 . If, in the opinion of CLI, it becomes unreasonably expensive or impracticable to comply with the governmental regulations , CLI shall have the right to close the sanitary landfill and terminate this Lease upon thirty days written notice to Spencer by paying to Spencer $5 , 000 . 00 . 6 . Hold Harmless . CLI agrees that it will indemnify and hold Spencerharmless of and from all claims , demands or liabilities as a result of CLI ' s negligent operation of the landfill and that it will at all times maintain public liability insurance to cover workman ' s compensation and public liability in an amount not less than $500 , 000 . and that such insurance shall name Spencer as a named insured . 7 . Termination . This agreement may be terminated by either party if the other party is found to be not in compliance with any term or provision hereof, except as to rental , by giving written notice to the non-complying party to cure any non-compliance within 30 days of the notice. If the non-complying party has not cured any non-compliance within said 30 days , then notifying party may elect to terminate this agreement and ;hall notify the non-complying party that this contract 871396 . terminated effective 10 days after the effective date of the notice . 8 . Assignment . CLI may not assign its interest in this Lease without the prior written consent of Spencer, which consent shall not be unreasonably withheld. 9 . Place of Operation . CLI ' s operations on the leased premises shall be confined to the gravel pit currently being filled and the access road thereto and shall not extend over on or interfere with Spencer ' s agricultural operations on surrounding land. 10 . Binding Effect . This Lease shall be binding upon and inure to the benefit of the parties hereto , their successors and assigns . IN WITNESS WHEREOF the parties have caused their signatures to. be affixed the day and year first above written. SPENCER FEED LOTS, INC . , a Colorado corporation COLORADO LANDFILL, INC . , a Colorado corporation 8713%% ASSIGNMENT OF LEASE For value received, COLORADO LANDFILL, INC. , a Colorado corporation , hereby assigns , without warranty, to WASTE SERVICES , INC. , a Colorado corporation , all of its right, title , and interest in and to that certain lease dated December 29 , 1982 , between SPENCER FEED LOTS , INC. , Landlord, and COLORADO LANDFILL, INC. , Tenant , for the following-described premises : An excavated gravel pit located in the Southeast quarter of Section 21, Township 7 North , Range 65 West of the 6th P.M. , Weld County , Colorado , and the Certificate of Designation No. 17 , for operation of a solid waste disposal site granted by the Board of County Commissioners of Weld County, Colorado. DATED: December 3 , 1985 . COLORADO LANDFILL, INC. / p 6/ STATE OF COLORADO ) ss . : COUNTY OF WELD On this Ird day of flnrpmbnr , 1985 , before me personally appeared Danny L . Souders , as president of Colorado Landfill , Inc. , known to me to be the person whose name is subscribed to the within instrument , and acknowledged that he executed this instrument for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal . My Commission expires : October 23 , 1989 9tary Public Address : EXHIBIT B 8713% IN 'THE DISTRICT COURT COUNTY OF WELD STATE OF COLORADO Case No. 86 CV 92 ORDER FOR JUDGMENT WASTE SERVICES, INC. , A Colorado Corporation, Plaintiff, vs. ALFRED W. MILLER, DONALD GENE MILLER, and PAUL E . McCLURE , individually and d/b/a CIRCLE M PARTNERSHIP, A Colorado General Partnership, Defendants. THIS MATTER came before the Court for trial of the First Claim for Relief in the Plaintiff ' s Complaint, regarding the issue of possession of the premises which is the subject matter of this suit on February 5, 1986. The Plaintiff and the Defendants were present with counsel. The Court, having read the pleadings , having heard the testimony of the witnesses, examined the exhibits intro- duced into evidence, having considered the arguments raised by counsel, and being advised in the premises , DOTH ENTER JUDGMENT HEREIN in favor of the Plaintiff Waste Services, Inc. and against the Defendants Alfred W. Miller , Donald Gene Miller, and Paul E. McClure, individually and d/b/a Circle M Partnership as follows : 1. The lease dated December 29 , 1982 , to which the Plaintiff is the assignee-tenant and the Defendants are the assignee- landlord, is hereby restored in its entirety. 2. The Plaintiff Waste Services , Inc. shall have the immediate possession, use, and occupancy of the premises which is the subject of said lease, said premises being commonly known as the Eaton Landfill, and more particularly described as follows , to-wit: certain real property which was formerly a gravel pit located in the Southeast Quarter of Section 21 , Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado. 8'7130.6 DATED: (' 1.� ) 1986. HE Cq{lRT_ �/J dge 9e,' the Distfict /ourt f / ../2/ �� artliled to be a full, true and cons' copy of the orOlnal In my custody. o. ed 3-l_ = 7 Cl,rk of Oita a Cittrlrt Court Weld County, lorado 0 aTMrt' . 1aY ip LAW OFFICES HOUTCHENS, HOUTCHENS AND DANIEL '007 NINTH AVENUE BARNARD HnUTCHEN5 GREELEY,COLORADO 80631 S.ROBERT HOUTCHENS RODGER '.HOUTCHENS TELEPHONE (AREA COOL 3C3i JOHN G HOVTHENS GRECLEY 35?-9I95 JERRY C DANIEL METRO DENVER 571-0052 MIM ROBE.TT HOUTCHENS THOMAS A.HOUTCHENS May 22, 1986 Board of County Commissioners, Weld County mAT1�v6 c/o Ms. Jacqueline Johnson, Chairperson Centennial Building E+irEL L Greeley, CO 80631 Re: Eaton Landfill Dear Ms. Johnson: This office has been retained by Waste Services, Inc . (WSI) to represent them regarding a proposal presented to you dated April 29, 1986, by Circle M Partnership and McMill, Inc. requesting an amendment to the Certificate of Designation for the Eaton Landfill site. This proposal was presented in response to your letter to Circle M Partnership apparently advising them that if a change in ownership of the Eaton Landfill has, in fact, occurred, an amendment must be made to the existing Certificate of Designation relative to the site. I would advise you that WSI , by assignment of a lease dated December 29 , 1982 , a copy of which is enclosed, has the lawful and exclusive right to operate the Eaton Landfill under the existing Certificate of Designation on that site. Pursuant to that lease, WSI began operation of the Eaton Landfill on December 3 , 1985 . On December 31, 1985 , Circle M Partnership ousted WSI from its lawful operation of the landfill. WSI thereafter commenced litigation in the Weld County District Court, and a trial on the issue of the possession, use, and operation of the Eaton Landfill was held February 5 , 1986 , in front of the Honorable John J. Althoff. At the conclusion of the trial, Judge Althoff ruled that the lease referenced above is valid, and he ordered that WSI have the immediate possession, use, and occupancy of the Eaton Landfill pursuant to the terms of the lease. A copy of Judge Althoff ' s judgment of February 5 , 1986 , is also enclosed for your reference. However, Circle M Partnership continues to operate the landfill, and WSI has filed a Motion for Issuance of an Order for Possession, which presently pends for action by Judge Althoff. As the sole lawful lessee of the Eaton Landfill and its Certificate of Designation, WSI believes that certain matters should be addressed by the Board of County Commissioners to define and clarify the operational rights and obligations of WSI with respect to the Eaton Landfill, and in the interests of the health and safety of the citizens of Weld County. 871306 A Board of County Commissioners, Weld County May 22 , 1986 Page 2 First, WSI believes that the area encompassed by the existing Certificate of Designation must be clearly defined. The existing landfill area involves only approximately 17 acres. WSI believes, based upon past actions by the County, that the existing Certificate of Designation encompasses only that acreage presently under use as a sanitary landfill. Upon that acreage being fully utilized as a landfill, the Eaton Landfill should be closed and a final grade applied. Second, and with respect to closure and the final grade, WSI believes that the County should by appropriate resolution address the issues of the timing of the closure of the site and the responsi- bility for closure and final grade. WSI believes that a relatively small amount of additional landfill volume remains available at the Eaton Landfill. Upon that volume being utilized, WSI believes that the site should be ordered closed and consideration given as to the responsibility for closure. Both of these issues are of extreme importance especially in light of the County' s prior resolution dated December 22 , 1980, ordering that the Eaton Landfill be closed no later than January 1, 1983 . A copy of that resolution is also enclosed for your reference. It is my understanding that the basis for that resolution was a deter- mination by the Board of County Commissioners that the Eaton Landfill should be closed in an expeditious fashion because of its potentially deleterious effect on the environment and public health. Precisely what amendment is being requested by Circle M Partnership to the Certificate of Designation on the Eaton Landfill is unclear to WSI. WSI is concerned not only about the requested amendment, but about the operational issues relating to the site addressed above in this letter. We believe that a work session with the Board of County Commissioners and WSI representatives to discuss this situation further would certainly be in order. Thank you in advance for your courtesy. I will look forward to hearing from you regarding the matters addressed above in the near future. Very truly yours, 1st /ed Kim R. Houtchens KRH/elb Enclosures xc: Mr. Wes Potter, Environmental Division Weld County Health Department 871316 Weld County Board of County Commissioners April 29, 1986 Greeley, Colorado Jacqueline Johnson, Chairman Re: Amendment to the existing Certificate of Designation 4 17, Solid Waste Disposal Site; Circle "M" Partnership/McMill Inc. On April 10, 1986, we received a letter from the offices of the County Commissioners concerning the change in ownership of the Eaton Landfill. The letter stated that a change in ownership is considered a substantial change in operations under 6 CCR, 1007-2 1.2 uu, and requires an amendment to the existing Certificate of Designation. Please consider this letter as a request for an amendment to Certificate of Designation # 17. Background: The Eaton Landfill has been in existence since 1966. The location is a tract of land located in the S)4 of Sec. 21, T7N, R65W. of the 6th P.M. in Weld County with an address of 20701 W.C. Rd. 78, Eaton Colorado. In 1966, Mr. Paul E. McClure, at the request of the cities in the area, opened a landfill at the site of excavated gravel pits on land, he as a member of a family partnership, owned. Mr. McClure applied En- a Certificate of Designation, Solid Waste Disposal Site from the Weld County Board of County Commissioners in accordance with the provisions of the Colorado Solid Wastes Disposal Site and Facilities Act, Chapter 358, Colo Sessions Laws, 1967. On April 9, 1969, Mr. McClure obtained Certificate of Designation Permit # 17. In May of 1984, while applying for a gravel mining permit from the Board of County Commissioners and the Colo Board of Mined Land Reclamation, it was discovered that because of 1977 zoning changes, special use permits would be required for gravel mining and landfill operations. On July 3, 1984, the Weld County Planning Commission resolved that a use by Special Review Permit, USR 637:84:33 for a gravel permit in the S.W'4S8H of Sec 21, T7N, R65W be granted. On September 7, 1984, The Weld County Board of County Commisioners adopted this Use by Special Review. In November of 1984, The Colorado Mined Land Reclamation Division granted a 4 110 Limited Impact Mining permit, 4 M-84'065. 8713% In October 1985, The Department of Planning Services, Weld County, determined that the landfill operation located in part of the S%2 of Sec. 21, T7N, R65 W is a nonconforming use and assigned nonconforming use # 152:85:17 to the landfill operation. Circle "M" Partnership is the owner of record of a tract of land located in the aforesaid S'/2 of Sec. 21, T 7N, R 65W which includes the gravel pits and landfill operations. Paul E. McClure is a general partner in Circle "M" Partnership. McMill Inc. is the operating entity of the landfill with Paul E. McClure, President. Operation plans for the landfill are as they have been since 1966, filling and reclaiming the excavated gravel pits. We thereby request an amendment to the existing Certificate of Designation Permit # 17 in favor of McMill Inc. . Thank you, Paul E. McClure, President McMill Inc. P.O. Box 686 Greeley, CO 80632 Encl. (7) Resolution authorzing Certificate of Designation Certificate of Designation # 17 Planning Commission Resolution--Gravel Mining County Commissioners Authorzing Gravel Mining Colo Mined Land Reclamation Board Permit # M:85:065 Department of Planning Services nonconforming use # 152:85:17 Map of Landfill and gravel pits, existing and reclaimed 871396 - I DEPARTMENT OF PLANNING SERVICES (11# PHONE(3C3)355-4000 ST. EET 400 915 10th STREET GREELEY,COLORADO 80631 F H 1441 a COLORADO October 22, 1985 Mr. Paul McClure 1620 Mountain Blvd. Greeley, CO 80631 Legal Description: Pt. of the Sh of Section 21, T7N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. McClure: This letter is to inform you that the Department of Planning Services has determined that the landfill operation existed before January 1977, zoning of your property. Therefore, we have determined that the landfill operation is a nonconforming use. Noncomforming use number 152:85:17 has been assigned to the landfill operation. Flease retain this number for further reference. Should the present use change in any way it would need to comply with the present zoning ordinances. We want to thank you for your cooperation in this matter. Sincerely • Cliff Ross er Zoning Inspector CR:js 871306 o. a.. f Jr . . i lifyr -le r ...la, '. M µ C I V .. J,/4 4 • } _ ...., . r , . •,........ _-_____ ___ • _____1, llh — . isumnivek se ,capiratar . salsa, .., i "- - ".. % 46. a - ' - S.._.f'i'r �, 4,,, • „� 4 . � s ' 4. .4 lir _ _ 4. .„... , . . . • _ _ . I'„ ....ll ,+ '0115. lam I r ..• !4 3 . itilagellfrrallirrallir at l'. v. i b� . 4 y t N : i w .4.-- . _• oviii, . . . , . �.„et- ‹, Jr . I r .: # . - - .. a 1 11 4 �Y nom, :.,. . i►•17- ed/11/1" . 7 ,. . i . , . , ..0 r Ir l • . . Q i . 0 I i l N I !Peck/nice/ (�,-ave/ tfl Evn/s'✓1 j f./ Pf -le 741 1-c2/ 1 { arm Land C\ 1 ,. v774/ &1NN\ J o. ,Pec/ainred Lan-254.4 t _ 1;�— � _ Weld Coolly eci 78 -i D,0erazf'Aons E/1.2..7 C c/a // P/i-7, - /l/'citei,d/ /nr. C. a/' O ,v /7 1 871306 i rti Weld County Commissioners Greeley, Colorado Re: Addendum to letter requesting amendment to Certificate of Designation # 17 Operators The Eaton Landfill operation is under the general supervision of Paul E. McClure, the original owner/operator of the landfill until, 1976. Mr. McClure also initiated the landfill at the then Camp Carson now Ft. Carson in 1943. Doug McClure was onsite operator of the landfill from 1966-1973. He is now at the site on a part time basis. Mr. Alfred Miller, an officer in McMill Inc. , is the full time operator. Mr. Miller previously worked for the McClures and is familiar with all facets of the location and operation. 8713% • • a OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000,EXT. 4200 IIIID P.O. BOX 758 GREELEY,COLORADO 80632 C1 COLORADO June 23, 1986 Scott Winters State Department of Health Waste Management Division 4210 East 11th Avenue Denver, CO 80220 Dear Mr. Winters: Please review the enclosed application for a Certificate of Designation for Circle "M" Partnership/McMill Inc. , pursuant to the Solid Waste Disposal Sites and Facilities Act. Your prompt attention is requested in order that the Weld County Board of Commissioners may proceed with its review. Sincerely, �\ 1\\J Jacqueline Johnson Chairman 871306 90CTLS • p ., t 84: 3 C 1 1 h � 1 a !till 03 PO W w N .C N j JJ O S . $ I � 0v -1 � 03 co s8 tj r 2 3 A '£ W 1 I 1' 1Z t U AJ tC N N all 0 O (II up r pi lei 4 as 4XdXr co fij call NFexm3811,bdy1983417$16 °o tw J°� , DOMESTIC RETURN RE J o C O >a co d' v, r 0co 0_ ,4 •H N _ 4) y r1j W CJ z ((IV N o o Z Y Ln cc cc R-',. u7 W > `.c C C' N a3 =' -0,;° m -- HS 0 o w t W N .. O w LL Q o �` v 1-.-� I CI CC LL,E.- m 0 E u CO L.2 Z, 0 30 % c :J J r-a 0 Y+ • W .y �` m in" o w m m ,�J�/, r �� 'J rl a <o , u W t ~ O m = o v w C/ F ='i C CL C 1J 0 m -> 7, m¢ m o J a vn,- •ri N N y LL o u o Q. W _.,o 3 Ri n1 N o °1 ¢E a 9c a s ��G 0 o z W }-� rn d m 2 co cm -1 E !� W z N N N N m t 6 y ' » < "/ co -, N H O D O N W ^I p o `m a m 'o vI ~ C) 1� RI N N a U N ¢ ¢ ¢❑ 2 `J cn Ca d.o.s.n « Z861. 'clad '0086 WJOJ Sd •3uamzzudaG gaTuag aquas alp 3o saaautM ;100s gaTm uoTqunzasuoo auoqd o . luunsand °paTTum_al azam dTgszaulaud N aTozTD JOT UOTiWUBTSaG 30 aluoi3t4193 u oz ;uampuamu nu 203 UOT 1POTTddP aq; 3o saidoo znod 98/7Z/9 Weld County Board of County Commissioners April 29, 1986 Greeley, Colorado Jacqueline Johnson, Chairman Re: Amendment to the existing Certificate of Designation # 17, Solid Waste Disposal Site; Circle "M" Partnership/McMill Inc. On April 10, 1986, we received a letter from the offices of the County Commissioners concerning the change in ownership of the Eaton Landfill. The letter stated that a change in ownership is considered a substantial change in operations under 6 CCR, 1007-2 1.2 uu, and requires an amendment to the existing Certificate of Designation. Please consider this letter as a request for an amendment to Certificate of Designation # 17. Background: The Eaton Landfill has been in existance since 1966. The location is a tract of land located in the 5Y2 of Sec. 21, T7N, R65W. of the 6th P.M. in Weld County with an address of 20701 W.C. Rd. 78, Eaton Colorado. In 1966, Mr. Paul E. McClure, at the request of the cities in the area, opened a landfill at the site of excavated gravel pits on land, he as a member of a family partnership, owned. Mr. McClure applied thra Certificate of Designation, Solid Waste Disposal Site from the Weld County Board of County Commissioners in accordance with the provisions of the Colorado Solid Wastes Disposal Site and Facilities Act, Chapter 358, Colo Sessions Laws, 1967. On April 9, 1969, Mr. McClure obtained Certificate of Designation Permit # 17. In May of 1984, while applying for a gravel mining permit from the Board of County Commissioners and the Colo Board of Mined Land Reclamation, it was discovered that because of 1977 zoning changes, special use permits would be required for gravel mining and landfill operations. On July 3, 1984, the Weld County Planning Commission resolved that a use by Special Review Permit, USR 637:84:33 for a gravel permit in the S.w)4 J>z of Sec 21, T7N, R65W be granted. On September 7, 1984, The Weld County Board of County Commisioners adopted this Use by Special Review. In November of 1984, The Colorado Mined Land Reclamation Division granted a # 110 Limited Impact Mining permit, # M-84'065. • 8713°6 'dz ! r '� C o < � ¢1 11111 l a mIF.tiS40 pOs3e,'i$Yf, N N V1 O O4 ri as 'Cal p a. r • ❑ 0 ,i 3 .Nt q ~ • ti m X id X r[: .. a6 PS Farm C ' O M el rn 7 1-1 > 7 C e 7 7..c a v x N a.+ 6 N ca 0 N W N .0 O r. o E is w ti • C ;T. aro., o R. 7 as 0 W ro CO a a Z 7 PI U W v v a..) L O > 7 7 N 4.1 N N Q a) m 3 a a B71396 ..J 7 Q i In ui i:: r5 i i ru __ N o x _ n ,O , .: : ' ,T I ' . ..._ i O x : ,4 . m '' . zM o " n x W a DC W ! } U O O. i._ s.... c fi A " `7::,:_41,..1 'W 1 llj }}�� ..CJ f' y: ` 4 if „ ,f Ii�. .r ,'1 : '.,,, \a,,,, vi. ......1,,,,i,.t,::,„.,? ..,,41 t fikvs. • ii IL . 1 ;: ic... .:.,4',. 5 1 j . litc I. !f.i ''"' ��\ M W O '\ CO � � z ,Da :C.1 H �%.O . ft 1 lip a'! w .� xw = Oli r: t. , Pr Z P.. (. a u oat , ,•r. X 871326 3/9/87 COPY OF NOTICE SENT FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0. BOX 758 GREELEY, COLORADO 80632 WASTE SERVICES, INC. 6037 77TH AVENUE GREELEY, CO 80634 CHARLES HUDDLESON 215 WEST OAK STREET FORT COLLINS, CO 80521 ROBERT L. MATTHEWS 1401 WALNUT, SUITE 500 BOULDER, CO 80302 871326 Hello