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Home My WebLink About931071.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING REQUEST FOR PAVING/DUST SUPPRESSION FROM HOBBS, TROUT AND RALEY, P.C. - WELD COUNTY ROAD 27.5 AT 49 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a request from Hobbs, Trout and Raley, P.C. , representing various residents in the neighborhood of Weld County Roads 27.5 and 49, and WHEREAS, on October 13, 1993 at a Show Cause Hearing to consider revocation of Special Review Permit #116 issued to Waste Services Corporation, c/o Waste Management of Northern Colorado, testimony was presented concerning said request, and WHEREAS, the Board, after hearing all evidence and testimony presented and being fully informed, deemed it advisable to refer said matter to the Engineering Department, directing the County Engineer to meet with the residents of the area to review all available options concerning paving and dust suppression. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request from Hobbs, Trout and Raley, P.C. , representing various residents in the neighborhood of Weld County Roads 27.5 and 49 be, and hereby is, referred to the Engineering Department. BE IT FURTHER RESOLVED by the Board that the County Engineer, or his designee, be, and hereby is, directed to meet with residents in the area to discuss the road paving and dust suppression issues. 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. /j//') BOARD OF COUNTY COMMISSIONERS ATTEST: �/V ✓� WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. Harbert, Chairman BY: 4_,,,,,, G2'�C de,..4_ Deputy Cler to the Board . W. . { bster, Pro-7em —'' APPROV AS TO FORM: <c __ C eorge . Baxter County Attorne 1 K. Hall arbara J. Kirkmeye 931071 CC: lW-i //L, 66- p m cr SE'RV. , 1-dr1NY) dff/Gyp.AS≤N. çMék r m Attorneys At Law 'l"' t+. 53 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 TO Ext. 123 September 10, 1993 Ms. Connie Harbert, Chairperson Weld County Commissioners 915-10th St. , P.O. Box 758 Greeley, Colorado 80632 Re: Paving/Dust Suppression, County Roads 27 1/2 and 49th Dear Chairperson Harbert : On behalf of residents who are affected by dust from unpaved county roads 27 1/2 and 49th near its junction with 83rd in the vicinity of the Central Weld Sanitary Landfill, we request the implementation of immediate dust suppression techniques and that these roads be paved. The constant flow of trucks in and out of the landfill, their noise and speed, is causing a nuisance and a health and safety problem to residents . By copy of this letter we are asking the Weld County Health Department to investigate these road segments for a violation of Regulation No. 1 of the Air Quality Control Commission and, independent of the application of that regulation, we ask you and the Health Department to work with the county road department to apply interim dust suppression techniques immediately and to obtain the paving of these road segments at the earliest possible time. In paving road 27 1/2 we ask for a design and lay-out which will not disturb the Knister wetlands, dams, and wildlife refuge. The dust is becoming so thick and the trucks so incessant and fast that a serious problem attributable to landfill operations has grown into an intolerable situation. we ask that you place this matter on your agenda at an early time and provide us with notice of your consideration. Best regards . Sincerely, \9 9 cc: Mr. Lee Morrison Gregory J. Hobbs, Jr. Mr. John Pickle for Telep and Hayes Hobbs, Trout & Raley, P.C. 931071 , "'Ma&t E&, £©cc("jr) Y/ &, 7 OCC MICHAEL S. HAYES 8200 W. 49TH Street Greeley, Colorado 80634-1234 WELD COUNTY COMMISSIONERS BY HAND DELIVERY 915 10TH STREET GREELEY, CO 80631 October 4, 1993 Commissioners: I urge you to consider paving County Road 271/2from 37th Street to the Central Weld Landfill to include the spur route from 83rd Avenue to County Road 271/2. I ask that you consider this request for the following reasons: 1. A signed agreement between Waste Management of Colorado (Waste Services) and our neighborhood group was reached last week. In this agreement Waste Management joins with us in supporting the paving of these county_roads. Although Road 392 is the official route to the landfill, an inordinate amount of traffic utilize the spur routes. 2. The excessive amount of traffic utilizing the spur routes has caused considerable damage to the gravel roadways. There is virtually no gravel on this roadway and the County graders resurface these roads weekly. During any wet weather large ruts are formed as a result of the trash trucks utilizing the spur route to the landfill. Last spring, our group sent to you several photographs documenting these problems. Three weeks ago during the surprise snowfall, this route was once again rendered unusable for all except four-wheel drive vehicles and heavy trucks. 3. The dust generated by the traffic is horrendous. Our neighborhood has sent photographs to you documenting this problem. Living in the country, I would expect some dust, but the amounts generated by the heavy traffic poses a severe health hazard. Two members of our family have been diagnosed with asthma and one with sarcoidosis (a lung disease) which is exacerbated by the inordinate amounts of dust generated by the traffic volume. These health conditions did not exist in this family before we moved to this area. It is virtually impossible for us and our farm workers to work along those areas of our farm bordering the county roads mentioned because of the dust. • 931071 4. The large numbers of trucks using these spur routes indicates these roads are a primary roadways not secondary roadways. As such, paving would be an appropriate means to accommodate the large traffic volumes. In addition to the large trucks going to the landfill, County trucks utilizing the 83 rd Ave. shortcut to the gravel pits, U.S. West Bell Telephone District Maintenance Station located off 83 rd Ave. and 34 bypass, and most of the Greeley commuter traffic traveling to Denver use these spur routes. Only two months ago I wrote Mr. Margheim about an experience in which a County gravel truck attempted to pass me on County Road 271/2 at the expense of safety. Because of the dust generated by another truck in front of the County truck, a severe accident was narrowly averted when the County truck almost crashed head on into a commercial fertilizer applicator. 5. The 1993 County Budget included paving of County Road 271/2 but were withheld pending the outcome of the Central Weld Landfill issue. The landfill issues have been resolved for the most part yet operations will continue for several more years. Our neighborhood had received reassurances based on the County's representations in 1971 (during the initial landfill hearings) that "oiling or paving" would occur. The above listed reasons give much strength to considering the paving of County Road 271/2 from 37 t h Street to the Landfill and from 83 rd Avenue to County Road 271/2. Our neighborhood has worked most of the last year in cooperation with the County in resolving the acrimonious situation at the landfill and one of the issues pending is the paving of these roads. We hope to continue this spirit of cooperation . Faithfully yours, chc(.id Michael S. Hayes 531074 Waste Management of North America, Inc. keWestern Region \ ^ � Rocky Mountain Satellite Office 5660 Greenwood Plaza Blvd. •Suite 400 Englewood, Colorado 80111 .-, 17 303/770-3324 October 5, 1993 Board of County Commissioners Weld County 915 Tenth Street Greeley, Colorado Dear Commissioners: Waste Management Disposal Services of Colorado, Inc. ("Waste Management") has been provided with a copy of a letter written to you by Michael S. Hayes. The letter requests that you "consider paving County Road 27 1/2 from 37th Street to the Central Weld Landfill, to include the spur route from 83rd Avenue to County Road 27 1/2." Waste Management wishes to confirm its support of this request by its neighbors. The control of dust emanating from this roadway is of prime importance to our neighbors and we, therefore, reiterate our support of this request and ask that you consider this request at your October 13th hearing. Very truly yours, - ---27 /9 ii /4-1W />2 ?AC' 2-- Tom Buchholz Division President corsp.bj\request :'31071 rry; , • c. Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 Ext. 123 October 5, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Attn: Chairperson Connie Harbert Dear Commissioners : Since your April probable cause hearing on the Central Weld Sanitary Landfill, citizens and the landfill operator, Waste Services, have been discussing ways to bring about an environmentally acceptable closure of the landfill . These discussions have included measures for reducing impacts to residents of the area while the landfill achieves appropriate grades and contours in accordance with an agreement for an environmentally acceptable closure signed by the citizens and Waste Services this past Friday. The citizens and Waste Services request that you adopt on October 13, at your scheduled hearing, a resolution incorporating the terms of the agreement. The citizens with the support of Waste Services also request that you include in your resolution approval for the paving of County Road 27 1/2 from 37th Street to the Central Weld Landfill and from 27 1/2 west on 49th street to its junction with 83rd avenue. The letter of Michael Hayes hand-delivered to you on October 4, 1993, sets forth the views of citizens who request paving. We would like to reiterate the concerns of Sam and Myrtle Telep that the paving be accomplished in a manner which preserves the wetlands and wildlife refuge of the Knister Farms. We also ask that every effort be made to reduce and police the speed of vehicles traveling in this area. As evidenced by the attached letter, Waste Services joins in and supports this request. Best regards. ncerelv, rf Gregory J. Hobbs, Jr. 9310 74 For Immediate Release For more information contact : Tom Buchholz 770-3324 (operator) October 5, 1993 Michael Hayes 330-8726 (neighbor) Sam Telep 330-8100 (neighbor) AGREEMENT REACHED ON CENTRAL WELD LANDFILL CLOSURE Greeley, Colorado, October 5, 1993 Neighbors surrounding the Central Weld County Sanitary landfill have reached agreement with Waste Management Disposal Services of Colorado, Inc. , on a plan for closure of the landfill in compliance with all federal, state, and Weld County requirements. The agreement was the result of intensive negotiations over a long period of time, involving neighbors and property owners adjacent to the landfill, Waste Management, and the Weld County Health Department, Planning Department, and County Attorney' s Office. Specific features of the agreement include the following: - -The target date for closing landfilling operations is December of 1996, assuming that current gateload receipts remain the same as in the past, and in no event can landfilling operations continue after 1997. Waste Management had applied to the State of Colorado and Weld County for a permit amendment to authorize an additional twelve years of operation. The agreement requires Waste Management to withdraw this permit amendment. - -A specific height for the landfill at closure has been agreed to, limiting additional elevation rise. - -Waste Management will install three additional monitoring wells on the southern perimeter of its property, in order to detect and protect against off-site groundwater contamination. - -Only solid wastes, including certain special wastes such as petroleum-contaminated soils from service station clean-up operations, will be accepted at the landfill . The special waste will be limited by stringent Weld County requirements. - -Waste Management will support the neighbors in requesting the Weld County Commissioners to pave roads in the vicinity of the landfill to suppress blowing dust. - -Waste Management has agreed to file a closure/post-closure plan for the landfill which contains the terms of the agreement and which is in compliance with all federal, state, and Weld County requirements. Commenting on the agreement, one of the neighbors Mike Hayes who signed the agreement with his wife Ann said: "Our aim has always been to have the landfill closed in an environmentally acceptable manner. This agreement meets that objective. " Sam and Myrtle Telep and Jane Carlson who own property north and east of the landfill also signed the agreement. Sam Telep said "Waste Management inherited a terrible problem. I 've worried about this for twenty years. The 2 . 5331.071. landfill should have been closed long ago. Waste Management has agreed to close the landfill properly. " Tom Buchholz, General Manager of the Central Weld Landfill said: "We want to get along with our neighbors . This is a good plan and we, with the neighbors, will be asking the County Commissioners to approve it on October 13 . " The Commissioners have set an October 13 hearing to consider the agreement or consider revocation of the landfill ' s permit. 3 . W J.U(A HT&R I'" 3038324465 0CT 05 -9 17 : 12 No .040 P.01 HOBBS, TROUT t RALEY, P.C. Attorneys at Law. Suits 1300 1775 Sherman Street DENVER, COLORADO 80203 Telephone: 303/861-1963 Facsimile: 303/832-4465 FAX TRANSMITTAL TO: ({s. Constance Harbert FAX NO. : 1/352-0242 • COMPANY: Chairperson. Weld County CONFIRMING NO. : 1/356-4000 Commissioners FROM: area Hobb■ EXTENSION No. : ;23 DATE: . 1993 TOTAL NO. OF PAGES: g CLIENT NAME/MATTER NO. : 6J+l OOO I -602_ IF YOU EXPERIENCE TROUBLE WITH THIS TRANSMISSION, PLEASE CALL AS SOON AS POSSIBLE: 303/861-1963, EXT. 132 OR 120 (PAX: 303/832-4465] The information contained in or attached to this IRK mes#age is intended only for the confidential use of the individual(s) named above. if you are not the named recipient or an agent responsible for delivering it to the named recipient, you are hereby notified that you have received this document in error and that review, dissemination or copying of this communication is prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original documents to us by mail. Thank you. vnvvvvvvRvv - SS:SAGL - vvvvvvvv/vvvv ckEiP C..Act ibut ©ct• l,4-0 &SS u. 0CT 5 ' 93 17: 12 3038324465 PAGE . 001 SZ107 WORK SESSION MINUTES: OCTOBER 4, 1993 Commissioners Connie Harbert, Bill Webster, George Baxter, Dale Hall, and Barbara Kirkmeyer present Staff: Vicky Sprague Weld County Road 27.5 at 49th Street: Drew Scheltinga, George Goodell, Lee Morrison, John Pickle, and Jeff Stoll The board received a letter from an Gregory Hobbs, an attorney representing Sam Telep and Mike Hayes. He is requesting paving/dust suppression on Weld County Road 27.5 and 49th Street. According to staff, there is no dust violation since the number of vehicles per day does not exceed 200. This issue is related to the Show Cause Hearing for the Central Weld Landfill on October 13. In that hearing, the board will be asked to consider an agreement involving most of the landfill neighbors. Mr. Hobbs' request will be tabled until the hearing. Weld County Road 23: Drew Scheltinga, George Goodell, and Bruce Barker Gregory Krush requested that the board upgrade and increase the level of maintenance on Weld County 23 and what would be Weld County Road 94 west of Weld County Road 23. He purchased a house in the northwest corner of Section 14 and is remodeling it for his mother to live in. The board agreed to minimally improve and maintain one mile on WCR 23 between WCR 96 and what would be WCR 94. The 30' right-of-way will not be increased. Bridge 23/74A: Drew Scheltinga and Pat Persichino The three low proposals from consulting engineering companies to design Bridge 23/74A were from Range Engineering, Zoyiopoulos and Associates, and Merrick and Company. The bid from the lowest bidder, Range Engineering, was incomplete and therefore disqualified. The board decided not to award the bid to the second lowest bidder due to unacceptable past performance. The board agreed to award the bid to Merrick and Company when it is considered in the board meeting on October 6. Planning Items: Chuck Cunliffe and Lee Morrison Jerry Boos began work for Larry Nelson on a building site before the site plan was approved. The Building Inspection Department issued a stop work order due to setback issues. The order has been ignored. An addition to the Wednesday, October 6, agenda will be made to consider authorizing legal action against Mr. Boos. 931971. Hello