HomeMy WebLinkAbout931061.tiff RESOLUTION
RE: HEARING TO CONSIDER ACCEPTANCE OF AN AGREEMENT CONCERNING USR #116 ISSUED
TO WASTE SERVICES, INC. ; AND SHOW CAUSE HEARING TO CONSIDER REVOCATION OF
SPECIAL REVIEW PERMIT #116 - WASTE SERVICES CORPORATION, C/0 WASTE
MANAGEMENT OF NORTHERN COLORADO
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, Waste Management Disposal Services of Colorado, Inc. , hereinafter
"Services" owns and operates Central Weld Sanitary Landfill, hereinafter referred
to as "Landfill, " on property described in Exhibit "A" attached hereto,
hereinafter "Parcel A, " pursuant to a Special Use Permit and Certificate of
Designation issued by the County Commissioners of the County of Weld, State of
Colorado, on or about October 6, 1971, and
WHEREAS, Services owns certain other property fully described in
Exhibit "B" attached hereto, hereinafter "Parcel B, " which is adjacent to, and
abuts, Parcel A; hereinafter Parcel A and Parcel B are collectively referred to
as the "Site", and
WHEREAS, the Weld County Department of Planning Services has alleged that
the Landfill operations violate the terms of the Special Use Permit, and
WHEREAS, a hearing was held before the Board of County Commissioners of
Weld County, hereinafter "Commissioners, " on or about April 5, 1993, at which the
Commissioners adopted a Resolution finding probable cause to believe that the
Landfill was being operated in violation of the Special Use Permit and scheduled
a Show Cause Hearing for October 13, 1993, to hear the matter on its merits and
determine what action, if any, should be taken based on the evidence and the
findings made thereon, and
WHEREAS, Services denies that the operation of the Landfill violates the
terms and conditions of the Special Use Permit or applicable State and Federal
statutes and regulations, and
WHEREAS, Services has filed with the Commissioners an "Amendment
Application of Special Use Permit No. 116 for the Central Weld Sanitary Landfill"
dated March 31, 1993, and filed April 1, 1993, hereinafter referred to as
"Amendment Application, " which includes requests for approval of excavation of
surface material from Parcel B and the construction of wetlands on Parcel B;
which application contemplates continued operation of the Landfill for an
additional twelve to fourteen years and is being reviewed by a number of agencies
including the Colorado Department of Health, and
WHEREAS, Services, on or about November 25, 1992, and January 7, 1993,
applied to the Colorado Water Quality Control Commission for a Colorado Discharge
Permit for the operation of the Landfill, which applications have been
consolidated and were the subject of public comment on September 21, 1993, in
Greeley, Colorado, and
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RE: HEARING - WASTE SERVICES CORPORATION
PAGE 2
WHEREAS, Services filed an "Interim Measure Plan" on April 1, 1993, and a
"Supplemental Interim Measure Plan" on or about May 27, 1993, which are pending
with the Commissioners and the Colorado Department of Health, and has filed an
application for construction of a French Drain which has been approved by the
Colorado Department of Health, Weld County Department of Health, and the Army
Corps of Engineers, and is pending approval by the Weld County Department of
Planning Services, and
WHEREAS, Services has filed with the Colorado Department of Health and the
Commissioners a Closure and Post-Closure Plan intended to comply with all State
and Federal regulations applicable to landfills operating after October 9, 1993,
and
WHEREAS, an "Agreement" between Waste Management Disposal Services of
Colorado, Inc. and the individual members of the "Ashton-Daniels Neighborhood
Association, " hereinafter referred to as "neighbors, " who include Sam and Myrtle
Telep, Michael and Ann Hayes, and Jane Carlson, and which binds their successors
in interest, has been submitted to this Board dated October 1, 1993.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, as follows:
1. Closure Criteria. The Landfill will not exceed the elevations, grades,
and contours shown on Exhibit C, attached hereto. The maximum elevation will not
exceed 4855 feet above mean sea level. Landfilling and closure activities will
proceed north to south so that the maximum allowable height is reached soonest
along the northern part of the Landfill. Exhibit D-1, attached hereto, is a
certified computer generated digital photograph of the anticipated appearance of
the Landfill from the viewpoint on the Telep property specified on Exhibit D-2,
attached hereto. Exhibit D-1 is intended to reflect the anticipated appearance
of a Landfill constructed to the elevations and grades specified in Exhibit C.
Even though Exhibit D-1 also depicts vegetation, the actual vegetation to be
installed during final closure will be as proposed by Services, commented on by
the parties to an Agreement between Waste Services and neighbors, and approved
by the Commissioners and the Colorado Department of Health, as part of the
Closure Plan. Any conflict between Exhibits C and D-1, shall be resolved by
giving effect to both as reasonably and completely as possible, except that, to
the extent any conflict exists between Exhibits C and D-1, Exhibit C shall
control.
2. Closure Schedule. The target date for cessation of waste disposal
activities shall be December 31, 1996, as depicted in the schedule attached
hereto as Exhibit E. In no event shall waste disposal activities continue beyond
December 31, 1997. Services will make good faith efforts to maintain the flow
of acceptable solid wastes to the Landfill at or above the current rate to the
extent within its ability. If, due to circumstances beyond the reasonable
control of Services, waste contours and elevations sufficient to reach the final
contours and elevations depicted in Exhibit C are not reached throughout the site
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RE: HEARING - WASTE SERVICES CORPORATION
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on or before December 31, 1996, waste disposal activities shall continue only
until waste contours and elevations sufficient to final contours and elevations
are reached. If waste disposal activities extend beyond December 31, 1996,
Services will complete the installation of final cover and drainage controls
within six months of final receipt of waste. In no event shall activities
necessary for the installation of the final cover, cap and drainage controls and
initiation of vegetation extend beyond June 30, 1998. Services shall submit
monthly reports to the Weld County Health Department and to the parties to an
Agreement between Waste Services and neighbors which shall include, in addition
to any other information regularly required by the Weld County Department of
Health, a report on the volume of solid wastes received at the Landfill,
including a breakout of the volume and type of special wastes received at the
Landfill.
3. Special Wastes. Commencing with the adoption of this Resolution by
County, only those special wastes identified in the three-page portion of
Exhibit F, attached hereto, shall be received at the Landfill. Exhibit F
consists of that list of wastes, handling procedures and other specifications
acceptable to the Weld County Health Department. The handling and deposit of
such wastes shall comply with all laws, rules and regulations applicable to such
wastes at the time they are deposited in the landfill and any additional
procedures or techniques specified in Exhibit F.
4. Groundwater and Surface Water. Services shall install three additional
monitoring wells on the southern boundary of Services' property to monitor the
shallow groundwater flow, said wells to be constructed and spaced as approved by
the Colorado Department of Health, in consultation with the Weld County Health
Department, as necessary, to intercept, sample, and test the shallow groundwater.
These three wells shall be monitored, sampled, and the samples analyzed to
establish initially a baseline and, thereafter, to measure changes in water
quality, if any, from the time the wells are installed to expiration of the post-
closure monitoring period as established for the site by the Colorado Department
of Health under laws and regulations applicable at the time the monitoring period
is established or modified. The protocol, including sampling frequency and the
parameters to be sampled are as follows: the wells will be sampled initially for
analysis of volatile organic compounds (EPA Method 8240 or 8260) ; conditional on
the results therefrom, the frequency of monitoring and the parameters to be
sampled and tested shall be as determined by the Colorado Department of Health
in consultation with the Weld County Health Department. Services shall provide
test results of all samples taken from the wells, promptly upon receipt of
confirmatory results to the Weld County Health Department.
Services shall undertake whatever remedial activities, including the
installation of additional monitoring wells, are required by the Colorado
Department of Health or other jurisdictions having authority to require such
remedial activities. Any offsite monitoring and remedial activities are
conditional upon County or State officials being able to obtain access therefor.
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RE: HEARING - WASTE SERVICES CORPORATION
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5. Future Use of Property. Services shall not pursue any request for
approval of waste handling, storage, transfer or disposal activities on the site
beyond December 31, 1997. The Commissioners will act only on that part of the
Amendment application applicable to excavation and closure/post-closure and
remedial activities proposed for Parcel B. Services shall withdraw its
application for an amendment to the Certificate of Designation, which application
was filed on April 1, 1993, and, if approved, would authorize waste disposal
activities beyond December 31, 1997. Between the date of execution of this
Resolution and final cessation of waste disposal activities specified in
Paragraph 3 of this Resolution, no operation other than the landfill operation
historically conducted at the Landfill, closure and remedial activities and any
other activities required by Federal, State or local agencies shall be allowed
on the site. Such activities will be conducted in compliance with law and legal
requirements applicable to landfills operating after October 9, 1993. Following
final closure of the Landfill, no portion of the Site shall be used for handling,
storage, transfer or disposal of waste whatsoever. Closure/post closure
activities and remedial activities, and any other activities required by Federal,
State or local agencies may be conducted on the Site. The present zoning is
Agricultural. Any other future use of the Site will be subject to the physical
constraints of the Site, such as soil and slope stability, and shall also be
subject to all applicable land use, zoning and permitting requirements, including
public review and comment. Services shall provide notices to the neighbors at
the same time as submittal to the County of applications for any use other than
that allowed, as of right, or under applicable zoning at the time of application.
Services agrees not to petition any city or town for annexation of the Site,
unless the terms of such annexation include assumption by the city or town of the
County's resolutions regarding the Site.
6. Buildings. All buildings and other structures on the Site shall be
removed within six months of final closure of the Landfill, and, in no event,
later than June 30, 1998, except that the residence, one additional existing
building and temporary sheds necessary for closure/post-closure or remediation
activities may remain. The one additional existing building and temporary sheds
shall be removed when they are no longer reasonably needed for closure/post-
closure or remedial activities. Services will not construct any buildings on
that portion of Parcel A visible from Knister Farm as depicted in Exhibit D-1
that would further restrict the view from Knister Farm as depicted in
Exhibit D-1, except any temporary buildings necessary for closure/post-closure
or remedial activities. In no event shall any building on the site be utilized
for the conduct of truck or equipment storage, maintenance or parking, except as
required to complete closure/post-closure or remedial activities. Any future
construction of buildings on the Site, other than those allowed, as of right,
under applicable zoning at the time of application, will be subject to the
physical constraints of the Site, such as soil and slope stability, and shall
also be subject to all applicable land use, zoning and permitting requirements,
including public review and comment. If Services submits an application to the
County for approval of buildings other than those allowed, as of right, under
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RE: HEARING - WASTE SERVICES CORPORATION
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applicable zoning at the time of application, Services shall provide notices to
the Association at the same time as submittal to the County of such applications.
Telep, Hayes, and Carlson reserve the right to contest any use or structure which
would alter the view from the Telep (Knister Farms) property as shown on Exhibits
D-1 and D-2.
7. Closure/Post Closure Plans. On or before October 9, 1993, Services
shall submit to the Colorado Department of Health and the Commissioners, for
review and approval, a Closure/Post-Closure Plan ("Closure Plan") in accordance
with rules and regulations, including, without limitation, 40 C.F.R. Part 258
("Federal Subtitle D") and 6 C.C.R. 100-7-2 ("State Subtitle D") , applicable to
landfills operating after October 9, 1993, and requirements of Weld County and
as provided under the terms and conditions of this Resolution. The Closure Plan
shall be subject to review and approval by the Colorado Department of Health and
the Commissioners, and subject to review and comment by the parties to an
Agreement between Waste Services and neighbors, the Weld County Health Department
and other agencies to which the Colorado Department of Health and the
Commissioners are required to circulate the Plan for such review and comment.
8. Drainage from Telep Property (Known as Knister Farms) . If existing or
future conditions on the Site are shown to restrict drainage from the Telep
property associated with storm events or historic agricultural activities on the
Telep property so as to interfere with such activities, Services and Telep shall
consult and cooperate in good faith in determining what steps are reasonably
necessary to mitigate such an impact on drainage, and Services shall take
whatever steps are jointly agreed to by Telep and Services. Telep and Services
reserve any and all rights at law or equity to remedy any such occurrence.
9. Compliance. All activities conducted on the Site shall comply with all
local, State and Federal statutes, regulations and ordinances including, without
limitation, State and Federal Subtitle D Regulations applicable to landfills
operating after October 9, 1993. Those conditions that the County Department of
Planning Services have alleged as violations and that were subsequently the
subject of the April 5th Probable Cause hearing will be addressed through
Services' implementation of their Interim Measures Plan as it is approved by the
Colorado Department of Health and the Weld County Health Department and
consistent with the terms of the Agreement of October 1, 1993. The terms of this
Resolution shall be enforceable by the Board as follows:
a) A Special Use Permit or Certificate of Designation may be suspended
or revoked for failure to comply with the terms of this Resolution,
the approved Closure Plan and the approved Interim Measure Plan.
b) Mandatory or prohibitory injunctive relief to compel compliance with
this Resolution.
c) Withholding of building permits, the issuance of which would be
inconsistent with the terms of this Resolution.
d) Any other available remedies under the Weld County Zoning Ordinance
and the Solid Waste Sites and Facilities Act.
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RE: HEARING - WASTE SERVICES CORPORATION
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Nothing in this Resolution shall be construed to infringe upon the ability
of the parties to an Agreement between Waste Services and neighbors to exercise
the remedies available to them under said laws. Time is of the essence in
performance of this Resolution, it being specifically understood that the purpose
of this Resolution is to provide for completion of all landfilling, closure,
capping, and landscaping activities within the timeframes provided in this
Resolution.
10. Term of Resolution. The obligations of Services hereunder are subject
to the occurrence of all of the following conditions: 1) the issuance by the
Commissioners to Services of a land use permit allowing excavation of fill dirt
from, and proposed remedial activities on, Parcel B; 2) the issuance by the
Colorado Department of Health of a CPDES Permit pursuant to the current
application filed by Services and acceptance of that Permit by Services; and
3) the adoption by the Commissioners of a Resolution approving the Closure Plan
submitted pursuant to Paragraph 7, which complies with applicable laws and
regulations for landfills operating after October 9, 1993. In the event any of
the conditions listed in the immediately preceding sentence does not occur within
180 days from the date of adoption of this Resolution, then this Resolution shall
be null and void and shall be of no further force and effect whatsoever, and the
Commissioners will proceed to reconvene the Show Cause Hearing on revocation of
the Special Use Permit without the need for a Probable Cause Proceeding. Upon
occurrence of all three conditions, the Commissioners shall dismiss the Show
Cause Hearing with prejudice.
11. Dismissal. The Show Cause Hearing scheduled for October 13, 1993, be,
and hereby is, dismissed without prejudice.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 13th day of October, A.D. , 1993.
O / BOARD OF COUNTY COMMISSIONERS
ATTEST: /� / " %,h -GG WELD COUNTY, COLORADO
P W V '.1 'v (4197 /
Weld County Clerk to the Board " Q � G
Constance` / L. H rbbbert, Chairman
BY:At,(0_,iiidixtL�cy� 1 Y��1l1Deputy Cleto the Baa� W. H Webster, Pr Tem
2
APPROVED AS TO FORM:
. Baxt r
County Attorney Dale K. Hall / vz Barbara J. Kirkmey$r f
931061
HEARING CERTIFICATION
DOCKET NO. 93-75
RE: HEARING TO CONSIDER ACCEPTANCE OF AN AGREEMENT CONCERNING USR #116
ISSUED TO WASTE SERVICES, INC. ; AND SHOW CAUSE HEARING TO CONSIDER
REVOCATION OF SPECIAL REVIEW PERMIT #116 - WASTE SERVICES
CORPORATION, C/O WASTE MANAGEMENT OF NORTHERN COLORADO
A public hearing was conducted on October 13, 1993, at 10:00 A.M. , with
the following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Chuck Cunliffe
Health Department representative, John Pickle
The following business was transacted:
I hereby certify that pursuant to a notice dated April 5, 1993, and duly
published September 30, 1993, in the Windsor Beacon, a public hearing was
conducted to consider acceptance of an agreement concerning USR #116
issued to Waste Services, Inc. and/or to consider revocation of USR #116
issued to Waste Services, Inc. . Chairman Harbert explained testimony
would be taken on the acceptance of the stipulation only and requested
persons desiring to speak sign a card. Lee Morrison, Assistant County
Attorney, made this a matter of record and noted the requests are as
follows: 1) Should the Board of County Commissioners adopt a resolution
which incorporates elements of an agreement regarding future operations
and closure of the Central Weld Landfill; and 2) If the agreement is not
accepted, whether or not to proceed with the Show Cause Hearing to
consider revocation of USR #116 issued to Waste Services, Inc. , based on
the noticed issues. Mr. Morrison explained the second matter would be
adjoined only if the stipulation was denied. He further noted the draft
resolution was prepared for the Board's consideration and public review,
as well as the agreement between the adjacent property owners and Waste
Services. Mr. Morrison said the landowners group proposed additional
language to the resolution which the Board is being asked to incorporate.
He indicated the agreement was signed October 1, 1993, and Chuck Cunliffe,
Planning Department representative, submitted a memo prepared by John
Pickle, Health Department representative, to the Board. Mr. Morrison said
the resolution incorporates the terms of the agreement. Arthur Roy,
Attorney, represented Waste Services and urged the Board to favorably
consider the resolution, which resulted from lengthy discussions between
Weld County, Waste Services, and the property owners. Mr. Roy reviewed
the backgrounds of the Probable and Show Cause Hearings and what occurred
in the interim as a result of extended discussions with the residents of
the area. He noted the additional language suggested by the Ashton-
Daniel Neighborhood Association has been included in the draft approved by
the Weld County Attorney's Office. Mr. Roy also reviewed the technical
activities which occurred including remediation, monitoring, post-closure,
etc. , and stated the resolution and agreement fundamentally refocus
operation and closure of the facility. Pending the amended application,
the life of the facility has been shortened from 12 or 14 years to 3 or 4
years, which is the principal focus of the resolution. Mr. Roy explained
the proposed height and contours of the facility at final closure and
referred to Exhibits C and D-1 to the resolution. He further explained
filling for closure would commence from the north to the south. In
reference to time limitation, Mr. Roy said the target date is December 31,
1996, and the required closure date is December 31, 1997. Closure is
expected prior to 1996, depending on the waste stream, and capping will be
completed by June 30, 1998. Monthly progression reports will be provided
to Weld County and parties to the agreement. Mr. Roy reviewed special
931061
CC : J0L
RE: HEARING CERTIFICATION - WASTE SERVICES CORPORATION
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wastes, ground water monitoring, restrictions concerning future uses of
the property, remedial and corrective actions, and concerns about
structures on the site. (Changed to Tape #93-35. ) He said nothing would
be built on Parcel A, which would be on top of the landfill, and Parcel B
is the buffer property awaiting an amended Special Review Permit. Mr. Roy
indicated the closure plan was filed October 12, 1993, which is in
compliance with the agreement, and will be reviewed by the State Health
Department and referral agencies as well as the area residents. He said
Waste Services agreed to assist the residents in paving the roads and
noted the resolution provides for vacation of the Show Cause Hearing, with
a continuation period of 180 days. If everything is accomplished during
the 180 days, the Show Cause may be dismissed. Mr. Roy stressed the
adoption of the resolution would be in the best interest of all parties,
and adoption of the closure plan is a necessity to provide an
environmentally sound closure. He said all concerns have been addressed
and suspects the facility will close in an orderly, expeditious fashion no
later than December 31, 1997, with the facility being environmentally
sound and in full compliance. Mr. Roy again urged the Board to adopt the
resolution and to move forward along those lines set forth. Leonard
Butler, Environmental Manager of Waste Services, stated he would like to
bring the Board up-to-date on the technical aspects of the agreement. He
reviewed his personal technical background and gave a brief update on the
decisions resulting from meetings with both the State and County. Mr.
Butler commended the staff of the State and Weld County Health
Departments. He noted the State's opinion is that the landfill meets all
requirements and regulations, as indicated in a letter from Roger Doak of
the State Health Department. He said the closure/post-closure plan will
be reviewed and approved by the State and then by the Board. Mr. Butler
reviewed the discharge permit for surface water into Spomer Lakes. He
explained air-sparging technology has been applied as a corrective measure
resulting from a site characterization, and pilot scale testing has shown
volatile organic compound (VOC) amounts reduced to levels below detection
in wells. Mr. Butler also said piezometers have been installed, and the
U.S. Army Corps of Engineers and the State and County Health Departments
have approved construction of a French Drain. Waste Services indicated
its desire for such construction to the Planning Department, but has not
received a response; however, construction will begin October 20, at its
own risk. Mr. Butler noted Waste Services' efforts in responding to
concerns and stated its motto is to protect the environment. He assured
the Board the facility will close in accordance with all applicable
regulations. Mr. Roy indicated the three new ground water monitoring
wells will protect down-gradient owners and prevent VOCs from exiting the
site. He also reviewed the remedial action to eliminate the VOC levels.
Chairman Harbert clarified for the record the four items are the discharge
permit, the closure plan, the permit for Parcel B, and the resolution. In
response to a question from Chairman Harbert, Mr. Roy stated the ground
water in the area is not high quality, and all VOC levels appear below the
base line for the monitoring wells. In response to a question from
Commissioner Baxter, Mr. Butler stated the location of the three wells is
on the edge of the buffer property. In response to further questions from
the Board, Mr. Butler said there are 19 wells presently at the site to
test for chemicals of concern and indicated the various locations. He
further explained the reason for the location of the last three wells
being the natural pathway for potential migration of contaminants.
However, the air sparging volatizes the organic compounds below detection;
therefore, the earlier remedial action corrects the problem before it
reaches the wells. Mr. Butler indicated there are a number of techniques,
but air sparging is the best available and has been very successful. He
confirmed monitoring is done for explosive gas and, if levels are detected
above regulation amounts, the options are to flare or collect the gas for
sale. Before using either option, the Health Department is consulted.
Mr. Butler stated, in addition to State and County agencies, other federal
agencies are consulted concerning remedial activities. Mr. Morrison
confirmed the County does have authority for remedial action to the extent
regulations provide. Mr. Butler stated, according to the piezometers,
water is not in contact with refuse; however, as insurance, the French
Drain and culvert at the north end should be included. He said the
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RE: HEARING CERTIFICATION - WASTE SERVICES CORPORATION
PAGE 3
discharge permit application was submitted in late 1992, and the State
Health Department indicated it would be issued in late October or early
November. He also confirmed the amended Special Review Permit application
was submitted in early April and the components related to Subtitle D have
been pulled. Mr. Butler assured the Board the special waste plan
standards approved by the County were more restrictive than those of the
State. Misty Lees, resident of Johnstown, stated various concerns and
comments and submitted a prepared statement and various maps for the
record as Exhibits 33 through 38. Ms. Lees requested the facility be
closed as soon as possible. Harold Daniels stated he is speaking on
behalf of his family who lives two-tenths of a mile down grade from the
facility. He stated they did not sign the agreement and voiced concerns
about the contaminants and need for testing. Mr. Daniels invited the
Board to tour the area and requested careful study of the agreement and
plan, as well as adding the EPA's recommendation. Mr. Daniels submitted
a prepared statement and various other documents for the record as
Exhibits 39 and 40. Greg Hobbs, Attorney, was present to represent Samuel
and Myrtle Telep, Michael and Ann Hayes, and Jane Carlson, aka the Ashton-
Daniels Neighborhood Association. Mr. Hobbs reviewed his background and
whole-heartedly recommended the agreement. He commended the Health
Department, Mr. Morrison, and Mr. Pickle and said they deserve great
credit. Mr. Hobbs stated reasons why the agreement complies with the laws
and referred to important provisions which make it clear the facility will
comply. He noted the new requirements of Subtitle D, propelled by the
EPA, mandate the slopes to be 5 to 25 percent to close in an
environmentally responsible manner, and he stated the amount of dirt
required to cap the facility now would be tremendous. Mr. Hobbs commented
on the three ground water monitoring wells, the exercisability of the
citizens' remedies, and the importance of the additional provisions. He
clarified the Daniels are precluded from the State regulations, as are any
other persons not signing the agreement. Mr. Hobbs noted the surface-
water sample taken below Spomer Lakes was not in violation of any
applicable State standard. He explained what was withdrawn from the
permit and noted the request for an analysis of the wetland study was not
withdrawn. Mr. Hobbs indicated negotiations took place with Marian King,
Environmental Counsel for Waste Services. There was no credible evidence
of pollution or contamination, and the installation of the three new wells
will insure that none occurs. He also indicated the EPA may do a complete
scan. Mr. Hobbs reiterated the agreement will accomplish closure in 4
years rather than 12 years and indicated the closure plan should be an
additional proceeding in order to look at detail. He stressed the need
for oral and/or written public comment on the plan. Mr. Hobbs said the
road paving issue is included in the resolution and stressed the need for
paving because of the dust nuisance. He reiterated his recommendation
concerning the agreement and responded to a question from Commissioner
Kirkmeyer by explaining Additional Provision #D should be added to
Paragraph 9 of the resolution. Ms. King clarified said provision should
be added as an additional, separate paragraph after the end of Paragraph
9d. Mr. Hobbs made further clarifications concerning the resolution.
Let the record reflect a recess was taken at this time.
Upon reconvening, Mr. Morrison made various procedural comments stating
the Show Cause Hearing would be dismissed, rather than vacated, without
prejudice during the 180 days. He explained the procedure of re-noticing
and stated, however, if the resolution were signed, future proceedings
would require full notice. Mr. Morrison also stated the closure plan was
on today's 9:00 a.m. agenda and continued to this 10:00 a.m. hearing;
however, he recommended continuance to a later date to allow review of the
State's recommendation. He said the road issue is part of the agreement;
however, it is the one part that does not have to be met for the agreement
to be valid and is not in the resolution. Mr. Morrison explained the
Board does not have to act on the road issue today, and it will not
affect the environmental issues of the operation or closure. Mr. Hobbs
answered questions from Commissioner Kirkmeyer, and Mr. Morrison confirmed
the closure plan would be open for public testimony. Mr. Hobbs stated he
is still asking that the paving issue be included in the resolution.
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RE: HEARING CERTIFICATION - WASTE SERVICES CORPORATION
PAGE 4
Chairman Harbert stated that is understood, and reminded Mr. Hobbs that
the road would have already been paved if the project would not have been
stopped by the neighbors. She stated the matter could be negotiated. Mr.
Hobbs clarified for the record that he does not represent the Daniels and
their provisions are not in the agreement because they did not sign. He
reiterated that he represents only those parties who signed the agreement.
Due to comments and questions from the audience, Chairman Harbert
explained the hearing procedures and said the closure plan would be
considered at a later date. Mr. Morrison stated, at the discretion of the
Board, questions could be allowed pertaining to new issues raised during
testimony. In response to comments and questions from Ms. Lees, Mr. Hobbs
reiterated the special waste provisions are stricter than the State's
standards, and not all special wastes are banned from unlined landfills.
He noted this matter has been closely coordinated with the Health
Department. Mr. Pickle confirmed they did converse with the Larimer
County Landfill and Health Department, which is in a similar situation.
He stated this Central Weld Landfill will be even more restrictive than
Larimer County about what it will accept. In response to a question from
Commissioner Baxter, Mr. Butler said special waste generally makes up less
than two percent of a landfill and, with the restrictive requirements, it
will be even less. In response to a question from Ms. Lees, Mr. Morrison
and Mr. Hobbs stated current regulations require monitoring to be
continued for 30 years after closure. Mr. Hobbs explained monitoring may
be required longer if necessary and noted the proposed independent
monitoring, at $1500 per year, for testing wells was eliminated because
the Daniels did not sign the agreement. Toni Arnold, resident of Evans,
questioned why the EPA and Division of Wildlife had not been allowed
access to the site for testing. Mr. Butler explained that the EPA project
manager was not denied access and the EPA has a signed access agreement in
its possession. The Wildlife Division has toured the site with Bill
Hedberg, Division Vice President of Landfill Operations, and will tour
again. He reiterated access has never been denied to either agency.
Sharon Vair, neighbor of North Weld Landfill, questioned why the Weld
County Health Department is not included in the agreement. Chairman
Harbert explained several representatives from the County participated in
the negotiations. Commissioner Kirkmeyer clarified the Board of County
Commissioners' name, representing all departments, is incorporated into
the agreement through the resolution. Ms. King noted the resolution
reflects language in the agreement and an addendum, including two small
language changes, that need to be reviewed. Upon the recommendation of
Mr. Morrison, Ms. King read said changes into the record. Chairman
Harbert requested separate motions be made on the Show Cause action and
the continuance of the closure plan. Mr. Morrison clarified three
separate motions would be needed: one based on the draft resolution, one
for the closure plan, and one for the road agreement. Based on his
investigations and knowledge of this matter, Commissioner Webster moved to
adopt the resolution as drafted, with the provisions and the agreement
between Waste Services and the Ashton-Daniels Neighborhood Association,
and to dismiss the Show Cause Hearing without prejudice. Commissioner
Hall seconded the motion and Commissioner Kirkmeyer requested the Health
Department's memo also be incorporated into the motion. Mr. Hobbs also
requested the recommendations of the Health and Planning Departments be
included. For the record, Mr. Pickle read his memo dated October 11,
1993, into the record stating the favorable opinion of the Department. He
noted the last two references to the word "agreement" should be changed to
the word "resolution" in said memo. Concerning the second sentence in
Paragraph 5 of the resolution, Mr. Cunliffe clarified that the revised
application for the amended Special Review Permit will need to be sent to
referral agencies since several things have changed. He stated his
recommendation concurs with the Health Department's comments in the memo
of October 11, 1993, and he recommends approval of the resolution. Mr.
Hobbs clarified the resolution, not the agreement, needs to be adopted.
Mr. Morrison clarified, on behalf of Mr. Cunliffe, that Waste Services is
repackaging part of the application and deleting information, not refiling
the amended application. Ms. King confirmed the application will not be
refiled, but the existing application will be amended. Mr. Cunliffe
stated that is acceptable. Chairman Harbert made various comments for the
931061
RE: HEARING CERTIFICATION - WASTE SERVICES CORPORATION
PAGE 5
record concerning the facility's past problems, which are now being
corrected, and commended the staff of the Health, Planning, and County
Attorney Departments, as well as Waste Services and the residents of the
neighborhood for getting together and resolving the issues. Commissioner
Webster concurred with Chairman Harbert and made additional comments about
the history of the landfill since its installation in the early 1970's.
On a roll-call vote, the motion carried unanimously. In response to a
question from Mr. Morrison, Mr. Doak said he would need at least one month
to review the closure plan. Mr. Cunliffe suggested, depending on the
submittal date of the revised application, the closure plan could be
considered at the same time. Mr. Hedberg said it would be preferable to
meet with Mr. Cunliffe to clarify what modifications will be required by
staff and estimated a time frame of two to four weeks to submit the
revised application. After consulting with Mr. Cunliffe, Chairman Harbert
suggested the date of January 5, 1994, to consider the post-closure plan.
Said date was agreeable to all. Commissioner Hall moved to set the
hearing to consider the closure plan as January 5, 1994, at 10:00 a.m.
The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously. After discussion, Mr. Morrison suggested directing
Engineering staff to meet with residents in the area to discuss the road
paving issue and reiterated said issue does not have to be part of the
resolution. Commissioner Kirkmeyer moved to direct staff to meet with the
residents to discuss said issue, and Commissioner Webster seconded the
motion which carried unanimously. Commissioner Kirkmeyer requested an
explanation concerning the land use excavation which Waste Services was
going to proceed with at its own risk. Mr. Roy explained the amended
Special Review Permit, which includes the excavation permit with respect
to the buffer property, is pending; therefore, the construction of the
French Drain in the northwest corner would be at their own risk. He said
the discharge would be on or through Parcel B. Mr. Cunliffe clarified, on
Mr. Roy's behalf, Waste Services is requesting permission to proceed;
however, it has not been granted. He stated he has a letter about which
he will be meeting with the Board. At that time the Board can consider
whether or not Waste Services should proceed at their own risk.
This Certification was approved on the 18th day of October, 1993.
APPROVED:
ATTEST: // �(i BOARD OF COUNTY COMMISSIONERS
WELIyCOUNTY, COLORADO
Weld County Clerk to he Board CG,',2
/4 2442e,
By: Constance L arbert, C airman
Deputy Cler Co the Board fA
I`/Z// k� �
W. 1. bster, Proem
TAPE #93-34 and #93-35
—/j `c
e E�axte 7
DOCKET #93-75
Dade K. Hall
PL0637
arbara J. Kirkmey r
931061
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS DAY OF 1993:
DOCKET f
DOCKET it
DOCKET it
DOCKET li
PLEASE write or print your name legibly, your address and the DOCKET it (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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9: 1061
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13th DAY OF October 1993:
DOCKET II 93-75 - Show Cause Hearing, Waste Services (Central Weld/Greeley Milliken)
DOCKET 4/
DOCKET 7i
DOCKET U
PLEASE write or print your name legibly, your address and th DOCKET If (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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? 1061
mEmoRAnDum
winkTo Board of County Commissioners October 13, 1993
COLORADO From Chuck Cunliffe, Director, Department of Planning Servicesa�
ZCH-96, Waste Services, Inc. , (Central Weld Sanitary Landfill) "�""�`"`����
Subject:
The Department of Planning Services has reviewed the agreement and proposed
resolution, as amended. We concur with the Weld County Health Department's
comments in their memorandum of October 11, 1993, and recommend the Board accept
the proposed resolution.
931061
fit; mEmoRAnDum
WIDCTo Board of County Commissioners Date October 11, 1993
COLORADO From John Pickle, Health
Subject: Central Weld Sanitary Landfill
We have reviewed the Agreement of Hayes, Telep and Carlson and Waste
Management Disposal Services of Colorado, Inc. It is the opinion of the
Department that the agreement, pending review and approval of the Closure Plan
and the Interim Measures, would satisfy the compliance issues which initiated
the April 5, 1993 Probable Cause Hearing. The Department would recommend that
the Board accept and incorporate the terms of this agreement.
921061
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning
Ordinance, a public hearing will be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th
Street, First Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested in the matter are requested to attend and may be heard.
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 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.
BE IT ALSO KNOWN that the text and maps 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.
DOCKET NO. 93-75
Waste Services Corporation
c/o Waste Management of Northern Colorado
Attn: William Hedberg
6037 77th Avenue
Greeley, Colorado 80634
DATE: October 13, 1993
TIME: 10:00 A.M.
REQUEST: 1. Hearing to consider acceptance of an agreement concerning USR
#116 issued to Waste Services, Inc.
2. Hearing to SHOW CAUSE for revocation of USR #116 issued to
Waste Services, Inc.
LEGAL DESCRIPTION: Part of WI SW* and the SE* SW'y of Section 32, Township
5 North, Range 66 West of the 6th P.M. , Weld County,
Colorado
ISSUES: 1. (Request #1) Should the Board of County Commissioners
adopt a Resolution which incorporates elements of an
agreement regarding future operations and closure of the
Central Weld Landfill.
2. (Request #2) If the agreement is not accepted, whether
or not to proceed with the Show Cause Hearing to
consider revocation of USR #116 issued to Waste
Services, Inc. , based on the following issues:
a. Whether or not the Permit holder is in compliance
with the following Condition of Approval:
Condition of Approval #1 states: That any
sanitary landfill facility to be installed
shall be approved by the State Health
Department.
Ex ha �; �,�1 931061
NOTICE - WASTE SERVICES, INC.
PAGE 2
b. Whether the operators of the Central Weld
Sanitary Landfill were required to and failed to
submit a complete Design and Operations Plan, in
violation of Section 30-20-103, CRS, and
regulations promulgated thereunder.
c. Whether Central Weld Sanitary Landfill continues
to operate without required discharge permits, in
violation of Subsection 2.1.2 of the Solid Waste
Regulations and 25-8-501, CRS.
d. Whether Central Weld Sanitary Landfill has
contaminated the groundwater, and whether this
contamination has migrated offsite, in violation
of Subsections 2. 1.2 of the Solid Waste
Regulations, 3.11.5 of the Water Quality
Commission Rules, and 2.1.4 of the Solid Waste
Regulations.
e. Whether Central Weld Sanitary Landfill has
allowed solid waste to come into contact with
groundwater on this site resulting in the
production of leachate, a source of groundwater
pollution and public nuisance, a violation of
Subsection 2. 1.4 of the Solid Waste Regulations.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly K. Miller, Deputy
DATED: April 5, 1993
PUBLISHED: September 30, 1993, in the Windsor Beacon
931061
•
Sea WwLAMM
Pursuant to the zoning 2. (Ryrset a2) If the
laws of the State of agreement Is not
Colorado and the Wed ''wept{whether or M
County Zoning `MpeasJwdt the lbws
Ordinance, a public Cause Hearing to AFFIDAVIT OF PUBLICATION
hhen be hhiedBoue e*d V revocation wen et
of County Wale Rervicee. Inc.. STATE OF COLORADO
Commissioners of Weld Seed ea the Wowing ss
��qpytirr�r Colorado,Weld COUNTY OF WELD
Caumq Centennial '
Cs 915 tath street S. Whether or Mt the
First Floor, Greeley, Pernik holder is in I, KEITH HANSEN, of said County of Weld, being duly
Celenao, et the tlmj esmpNamae MEI the
spec** MI.persons In' MEow1M Condition of sworn,say that I am publisher of
any new interested In Paw*
the molar we rewosted WINDSOR BEACON
to attend and may be Ce lan of AppasM e1
head. OM: That any wiry
landfill facility to be a weekly newspaper having a general circulation in said
Should any Interested installed shall be County and State, published in the town of WINDSOR,
on desire the presence - approved by the Slots
of a court reporter to Ail*02thililinith in said County and State; and that the notice, of which
make a record of tie ` the annexed is a true copy, has been published in said
precasdingsr In addition Of the Centr While the al Weld
- weekly for_t__ successive weeks, that the notice
wtittkep durd„midi
the Landfill were was published in the regular and entire issue of every
will be kept during me Sanitary
having,the Clerk m tit submitd to
falied ai t number of the paper during the period and time of
Board's Office shall be- awn and Opomti�iuttee publication, and in the newspaper proper and not in a
Same in writing of wet Plan, In violation of
den at least five daysSalsupplement and that the 5rst publication of said notice
pmrto the hearing. The saw°" y was in said paper bearing the date of the
camel shall b engaging a amrt pwsrulgatd thaws.*
rttpatr when be boner M �O Ih �r�
the ra par peatlnp ry. a.Whether Centel Weld dam of AD.. 19t2 and
BE IT ALSO KNOWN Sanitary Landfill the last publica 'on anng the date of the
that the text and maps continues te egwnt•
wIthout wain et red
Cw Clerrkk In
the
"chafes Peri**. la
day of A.D., 19_ and
Board of Countyviolation of SubeaaWn that the said WINDSOR BEACON has been published
Cammissloners,locate 2.12 et me Sotto Were continuously and uninterruptedly for the period of 5
In the Weld County Maulations and ES*
60f 0116, consecutive weeks, in said County and State, prior to the
Centennial Canter, 115 date of first publication of said notice,and the same is a
NM Street,Third Floor,
Gr Ceoredo d.Whither Central Wed newspaper within'the meaning of an Act to regulate
Sanitary Landfill Ma
till
DOCKET NO.93-75 - contaminated the printing of legal notices an advertisements, approved
groundwater, and May 18, 1931,and all prior is ar as in force.
Waste Services whether this
. /
Celeesation c/o Waste eagrated tion
off has
Maeagsment of Norman mlgraad Subs a, In
of Suha
Colorado,Ann: William leeinee aaniolss
Hedberg, 6037 77th 2.1.2 of the SolidMfaeee fill 4 , -.•-•-•-.
Avenue, Greeley, R%gminions.3.111Rgm P USHER
Colorado 80634 Water ' OM9ty
Commission Rule,Nod Subscribmid d worn to before me this I da
DATE: October 13,u se 2 4 of the.Solid WPM
of Wee "-`19 93 Y
TIME: IOAO A.M. q.Whether GantithWeld ,024*-E fit.121--/DEDDEET: 1. Name to Sanitary Landfill has
cenelderaccepance of allowed solid waste to NOTARY PUBLIC
anagreement concerning aerate into contact with
USA #116 Issued to groundwater on this sit 9tI f7 .7/ � 5 (�eo
Wawa gentian,Inc. resulting In the My commission expires �""/7 /
production of lade,•
2. Hearing to SHOW eewae of groundwater
CAUSE for revocation.of pollution and public
USN *116 issued to nuisance,a violWon of
Waste Services,Inc. Subsection 2.1.4 of the
Sold*0*Repulsia e.
LEGAL DESCRIPTION: BOARD OF COUNTY
Patna W 1/2 SW 1/4 and
the SE 1/4 SW 1/4 of COMMISSIONERS,
Section 32,Township 5 WELD COUNTY,
Nam,Range 66 West of COLOIIACO
the 5th P.M., Weld
County,Colorado BY: DONALD D.
WARDEN, WELD •
EINES:1.(Request Ill COUNTY CLERK TO
Should the Board of 11* RD
County Commissioners
adopt a Resolution which BY: Shelly K. Miller,.
incorporate elements al Dsprty
at agreement reowitirig
future operations and 1bNWbed in the
closure of the Central Wiliam' Simeon on
Sratarbar alt.1993.
931061
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #93-75, was placed in the United States mail, postage
prepaid, addressed to the following property owners.
DATED this 3' 4 day of ('LQU/J,�.72.) , 1993.
OL KYh4i
Deputy Cl#k to the Board
HAROLD AND MADELINE DANIELS
23732 WELD COUNTY ROAD 27.5
MILLIKEN, CO 80543
de
931061
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #93-75, was placed in the United States mail, postage
prepaid, addressed to the following property owners.
di
DATED this e99 day of VC,/Jti/y ) , 1993.1/411-iDeputy Cle t the Board
WASTE SERVICES CORPORATION SENATOR TOM NORTON
40000 WELD COUNTY ROAD 25 SENATE CHAMBERS
AULT, CO 80610 STATE CAPITOL BUILDING
DENVER, CO 80203
WASTE SERVICES CORPORATION
C/O WASTE MANAGEMENT OF NORTHERN ELLA MARIE HAYES
COLORADO SUSANNE STEPHENS, ET AL.
ATTN: WILLIAM HEDBERG BOX 773
6037 77TH AVENUE SARATOGA, WY 82331
GREELEY, CO 80634
G.D. MOSSBERG
WASTE SERVICES, INC. JANET LEA SHERROD-MOSSBERG
C/0 WASTE MANAGEMENT 4603 83RD AVENUE
P.O. BOX 122283 GREELEY, CO 80634
FORT WORTH, TX 76121
ARTHUR P. GARCIA
DON HOFF 13998 WELD COUNTY ROAD 378
ATTORNEY AT LAW MILLIKEN, CO 80543
1025 9TH AVENUE, SUITE #309
GREELEY, CO 80631 HEIRS OF ANN SPOMER, ET AL.
C/0 LOUIS REIKERT, 1ST NATIONAL BANK
WALKER MILLER P.O. BOX 1058
ATTORNEY AT LAW GREELEY, CO 80632
822 7TH STREET
GREELEY, CO 80631 SAMUEL S. AND MYRTLE ANN TELEP
2315 54TH AVENUE
CRAIG A. SMITH D.C. GREELEY, CO 80634
SMITH CHIROPRACTIC OFFICES, P.C.
801 ELEVENTH AVENUE KEITH V. , MELODIE R. , STEVEN D. , AND
GREELEY, CO 80631 DOUGLAS L. KAMMERZELL
12314 HIGHWAY 60
ASHTON NEIGHBORHOOD ASSOCIATION MILLIKEN, CO 80543
C/O GREGORY J. HOBBS, JR.
HOBBS, TROUT & RALEY, P.C. ARTHUR P. ROY
ATTORNEYS AT LAW 1011 11TH AVENUE
1775 SHERMAN STREET, SUITE 1300 GREELEY, CO 80631
DENVER, CO 80203
SENATOR HANK BROWN
1100 TENTH STREET, ROOM 201
GREELEY, CO 80631
931061
WASTE MANAGEMENT DISPOSAL
SERVICES OF COLORADO, INC.
C/O ARTHUR P. GARCIA
133998 WELD COUNTY RAOD 378
MILLIKEN, CO 80543
WASTE MANAGEMENT DISPOSAL
SERVICES OF COLORADO, INC.
5660 GREENWOOD PLAZA BOULEVARD #400
ENGLEWOOD, CO 80111
931061
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E71)6h/L 931061
i OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT.4391
P.O. BOX 1948
GREELEY,COLORADO 80632
1111DC.
COLORADO
FACSIMILE MEMORANIDIJM
CONFIDENTIAL
THIS FACSIMILE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS FACSIMILE IS
NOT THE INTENDED RECIPIENT NOR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING
THE FACSIMILE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE
ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
This message consists of 8 pages plus this cover sheet.
SENT :
Date: 11/3/93
Time: 11 : 30 a.m. I
PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Mari N 4,
COMPANY: Wa ic�eJs
FAX NO. : — K 3 A1'Y 6'k-S
FROM: Lee D. Morrison EXT: 4395
Based upon Mr. Hobbs ' and Ms . King' s comments and my memo to the
Board of County Commissioners of October 21, 1993, the Resolution
regarding the Agreement concerning USR 116 was adopted in the
attached form. It was the position of the Board that the changes
suggested by Mr. Hobbs be accepted with the exceptions noted in my
memo. Mr. Barker had the Resolution amended while I was out of
town the week of October 25 and the Board signed the Resolution
November 1 , 1993 . It is unlikely the Board would consider
favorably any additional requests for amendments .
PHONE #: (303) 356-4000
FAX NO. : (303) 352-0242
931061
! i mEmORAnDUm
Vine Co of County
ro Commissioners Date October 21, 1991
COLORADO From Lee D. Morrison. Assistant County Attorney
Subject: Your Resolution Adopted 10/14/93, Further
Comments of the Neighborhood
Greg Hobbs in the attached information has requested some additional
editorial changes in the Resolution. I have also attached a response of
Marion King to his proposals . I don' t know whether it is necessary that
his suggestions be accepted but there are several of his comments where
I would specifically recommend against incorporating.
I have no objection of including his addition on page 2 , next to the last
paragraph, except for the description of their successors and interests .
The Agreement binds the successors and interests but they are not
signatures to the Agreement.
Paragraph 1 on page 3, I don' t object to his editorial comments .
I have no objection to the change in paragraph 2 .
I do object to the change in next to the last line on page 5 because in
certain circumstances there are land use proceedings that do not require
a neighborhood notice such as a recorded exemption or mobile home permit
and it was my suggestion that the term if required by law be added in.
The remaining changes in paragraph 5 are acceptable to me. Paragraph 6 ,
the changes are acceptable although I am not sure that the existing
language does not cover the issue.
The change on page 7 , 3rd line from the top is acceptable as is the
change in paragraph 9, the last full paragraph where the small "a" is
changed to large "A" in Agreement.
Paragraph 10, line 7 , add language which is implicit in the entire
Agreement which is the land fill must comply with the new regulations to
continue to operate. I don' t think that it is necessary but I do not
have an objection to adding it.
Paragraph 12 regarding paving is unnecessary since it was clear that the
Board intended that that be a separate issue.
jL . ‘Morrison
ssistant Weld County Attorney
LDM/db
Attachment
931061
Hello