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HomeMy WebLinkAbout900847.tiff RESOLUTION RE: APPROVE TRANSFER OF OWNERSHIP OF CERTIFICATE OF DESIGNATION - ROGGEN DISPOSAL, INC. WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and - WHEREAS, on the 19th day of September, 1990 , a public hearing was held in the Chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of considering whether to Transfer Ownership of a Certificate of Designation from Arvin Martensen/E-VAP Limited, to Roggen Disposal, c/o Mike Cervi, 10600 Weld County Road 54 , Milliken, Colorado 80543 , said site to be located on the following described property: Part of the NW} of Section 25 , and Part of the NEi of Section 26 , all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Cervi, operator, and WHEREAS, this request for a Transfer of Ownership of a Certificate of Designation was submitted with respect to a facility for which a Special Review Permit for an oil and gas well production water disposal site was approved by the Board, by Resolution dated December 12 , 1983 , and WHEREAS, Section 30-20-104 , CRS, as amended, requires the Board to take into account certain factors to approve a Certificate of Designation and, having taken into account said factors, approved said Certificate of Designation for an oil and gas well production water disposal site, by Resolution dated December 12 , 1983 , and WHEREAS, Regulations promulgated pursuant to CRS, Section 30-20-101 et seq, require approval of the Board for the Transfer of Ownership of a Certificate of Designation, and WHEREAS , the State Department of Health has recommended approval of the Transfer subject to certain conditions , and 900847 `- /%LOG f:"„aa 0 '.,-; : ; r r r Capo Page 2 RE: TRANSFER CERTIFICATE OF DESIGNATION - ROGGEN DISPOSAL, INC. WHEREAS , the Board finds that the applicant possesses the capacity to comply with State Regulations and the Certificate of Designation and operational agreements thereunder and is willing to do so. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the Transfer of Ownership of a Certificate of Designation for Roggen Disposal, c/o Mike Cervi, 10600 Weld County Road 54 , Milliken, Colorado 80543 , on the hereinabove described real property be, and hereby is , granted subject to the following conditions: 1 . Mike Cervi/Roggen Disposal, Inc. , adheres to all applicable sections of the Solid Waste Disposal Facilities and Act and the Regulations promulgated thereunder (particularly Section 6) . 2 . Mike Cervi/Roggen Disposal, Inc. , adheres to all previous operational agreements and Certificate of Designation Conditions. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of September, A.D. , 1990 . /1 , ,� p' I BOARD COUNTY COMMISSIONERS ATTEST: (12. �� /V(.,,,,,_,,,,...24 WELD U TY, COLO O Weld County Clerk to the Board 4644/ :1---- ene�R. BBrraantn/e�r, Chairman l ' ` Y" K `` -B��/ C'/yt ,}pc,� � _/��w,. �� G o ge ennedy, Pro-Tem Deputy Clerk, to the Board APPROVED AS TO FORM: Constance L. Harbert C.W. Kir y / County Attorney EXCUSED Gordon E. Lacy 900847 WELD COUNTY, COLORADO CERTIFICATE OF DESIGNATION OIL AND GAS WELL PRODUCTION WATER DISPOSAL SITE In accordance with the provisions of Sections 30-20-101 through 30-20-115 , CRS , as amended, the Board of County Commissioners of Weld County, Colorado, hereby grants a Certificate of Designation for an oil and gas well production water disposal site: Location of Site: Part of the NWi of Section 25 , and Part of the NEi of Section 26 , all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado Name and Address of Responsible Operator: Roggen Disposal, Inc. c/o Mike Cervi 10600 Weld County Road 54 Milliken, Colorado 80543 This Certificate of Designation may be temporarily suspended or revoked, after reasonable notice and public hearing, for cause as outlined in Section 30-20-112 , CRS, as amended. Issued this 19th day of September, 1990 , Weld County, Colorado. Signed: ene R. Brantner, Chairman Board of County Commissioners HEARING CERTIFICATION DOCKET NO. 90-36 RE: TRANSFER OF CERTIFICATE OF DESIGNATION FOR AN OIL AND GAS WELL PRODUCTION WATER DISPOSAL SITE - ROGGEN DISPOSAL, INC. A public hearing was conducted on September 19, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Health Department representative, Wes Potter Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated August 20, 1990, and duly published September 6, 1990, in The New News, a public hearing was conducted to consider the transfer of a Certificate of Designation for an oil and gas well production water disposal site to Mike Cervi/Roggen Disposal, Inc. , from Arvin Martensen/E-VAP Limited. Lee Morrison, Assistant County Attorney, made this matter of record. Wes Potter, Health Department representative, explained that Travelers Insurance Company foreclosed this property before it was transfered to Mike Cervi. He said the Health Department recommends approval of this request. Mr. Potter said this facility has been operating since May with minimum weekly inspections, and the Health Department staff, after reviewing Mr. Cervi's resume, has found him to be very competent and cooperative. Mike Cervi, operator, further explained the request. Let the record reflect that Commissioner Lacy excused himself from the hearing at this time to attend a previous engagement. Clara Vetter, surrounding property owner, made comments about the excessive odor of the facility in the past. Mr. Potter explained the new aeration system and asked Mrs. Vetter if the odor has improved this year. She said it has improved. Mr. Potter answered questions about the aeration system and the water level needed to maintain the system. Harold Kimble, surrounding property owner, also made comments on the problem with odor. Mr. Cervi, in response to the complaints, commented on the aeration system and the maintenance of the water level. He said he will comply with the Certificate of Designation, and if necessary, will voluntarily close the facility within five days of notice from the Health Department. Commissioner Kirby questioned whether there was adequate water to maintain the level needed to keep the odor at a minimum. Mr. Cervi said they are only using the ponds recommended by the Health Department in order to keep the water level as high as possible. Commissioner Kirby asked if there are any violations against the facility at the present time or have been any recently. Mr. Potter said there have not been any, nor are there any violations now. Mr. Morrison said more odor control has been established by installing the aeration system. Mr. Potter said he feels the solution is to contact Mr. Cervi when a complaint is received by the Health Department. Commissioner Kennedy questioned the purpose of the trees surrounding the facility. Keith Schuett, Planning Department representative, said the trees are for visual purposes only and are being maintained properly. Commissioner Kirby moved for approval of the transfer of the 900847 ��d� _ 1 ! / EXHIBIT INVENTORY CONTROL SHEET Case � J� C� LtA�lt p�i ��P��( 11 iAu� j/jouopi � kikAPUdd- . Exhibit Submitted By Exhibit Description //3A• (L{0f (apt iapt 72 4ilue_il-zi na .tom VJoB. i��,2k- i-?(9d 2d ‘i i_wit-Laur jOpi -ual V o G• Nee {2 try Aota aL r) r� L s�1 ' 0 D. E. F. G. H. I. J. K. L. M. N. 0. y, '�,, 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: DOCKET # 33 - CERTIFICATE OF DESIGNATION - CITY OF LONGMONT DOCKET # 36 - CERTIFICATE OF DESIGNATION - ROGGEN DISPOSAL, INC. DOCKET # 45 - CHANGE OF OWNERSHIP OF USR - PRICE, CHESTER NAME ADDRESS HEARING ATTENDING (Li 1 1( 01.1 �../72, it '79 ) t7 ive 6)1- A7tMl y a tztAti Abe - 1.., Ara / J. k P )7 .�.C, 1 D , I p / 7 i it i ' 11 ,i --ti Htcj �— / L _ Al- _ v `-c,I//?,122 - ( /`z'-Uz,�, ?°772 /��'�iV .�C�. /r Bau ci_ d 11� 410,47.(4,-, 912_,S- �h d I, r a, .0 424 /1 �Q � � /yy 1,,,,,,,-A,,,,,,‘- -e-__ , ,_ �.�v-¢.CS ✓/'�-r , ZG, z-g ii., 4vr 3,- n r, �.,C_, , d , ��( t�t <' vim � ' ` ' 7G / ���/ (4)i a C��(�� -` /�� I ' S1 r---- -C-in u_ti 2021 2 >_iti.i.):4?: C,:,..._- O 1 oj i 6q getioc . be,y-t-iio yozv Poor PC e i WELD COUNTY, COLORADO CERTIFICATE OF DESIGNATION OIL AND GAS WELL PRODUCTION WATER DISPOSAL SITE In accordance with the provisions of Sections 30-20-101 through 30-20-115 , CRS , as amended, the Board of County Commissioners o£ Weld County, Colorado, hereby grants a Certificate of Designation for an oil and gas well production water disposal site: Location of Site: Part of the NW} of Section 25 , and Part of the NE} of Section 26 , all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado Name and Address of Responsible Operator: Roggen Disposal, Inc . c/o Mike Cervi 10600 Weld County Road 54 Milliken, Colorado 80543 This Certificate of Designation may be temporarily suspended or revoked, after reasonable notice and public hearing, for cause as outlined in Section 30-20-112 , CRS , as amended. Issued this 19th day of September , 1990 , Weld County, Colorado. Signed: 9ili•f-t ene R. Brantner, Chairman Board of County Commissioners i ., NOTICE TRANSFER OF CERTIFICATE OF DESIGNATION FOR AN OIL AND GAS WELL PRODUCTION WATER DISPOSAL SITE ROGGEN DISPOSAL, INC. ARVIN MARTENSEN/E-VAP, LIMITED NOTICE IS HEREBY GIVEN of a hearing before the Board of County Commissioners of Weld County, Colorado, on the 19th day of September, 1990, at the hour of 10:00 a.m. , in the Chambers of the Board o£ 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 Mike Cervi/Roggen Disposal, Inc. , for the transfer of a Certificate of Designation to operate a- solid waste disposal site and facility in Weld County, Colorado. The existing Certificate of Designation is for the operation of Northern Colorado Brine located in Part of the NE}, Section 26, and part of the NWi, Section 25, all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado. This procedure is in accordance with the Solid Waste 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 Mike Cervi/Roggen Disposal, Inc. Should the applicant or 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. 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: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: August 20, 1990 PUBLISHED: September 6, 1990, in The New News erne-, . 1 E (_! STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County NOTICE and has been continously and TRANSFER OF CERTIFICATE uninterruptedly OF DDESIct�A�N FORAN$N p y published therein, WA + during a period of at least ARVIN MAR YAP, fifty—two consecutive weeks prior to LIMITED the first publication of the annexed Nanct IS HEREBY GIVEN of of hearing before the Board notice; that said newspaper is a County cj...iaain ape 1�"td newspaper within the meaning of the of geptmcSer'd' att ihehof� 10:00 a.m. bi d act of the General Assembly of the Barddieunty W State of Colorado, entitled "An Act First ter,215 to regulate the printing of legal Colorado for the ssadeaRthoggeatior tram notices and advertisements, " and torthetranaferda te ate tor amendments thereto; that the notice waste um to °°Pon [aIiity of which the annexed is a printed Weld rakc°'d'd°' roan of N copy taken from said newspaper, was C.of°ae�do Rrt um °ne operation published in said newspaper , and in tbtal theNW1 sectionO SS, part P th�ew-rsNhWin115,N� ��g'i West n in the regular and entire issue of o the 6th F.M., Wee Crocedure ounty, every number thereof , acc�eoe with This Pe Sulgt W,_ Dieoaa1 Sites and Fa°NUaa Act, d SeCtioa 9O961M, et ae9•,CBg ued once a week for t amended, ° tt°m1 - he successive weeks; that said notice °� to acarau�ttca�teed was so published in said newspaper Deaigoa db°t�ak to the proper and not in any supplement i�teda Cook thereof , and that the first Floor Grate; loth publication of said notice as Ftgoar°faf aforesaid , was on the w ar oat a tnm[a' the b to d tleet�a_t Ito Mike day o f �e p� , 19 �i G , in ewdte DuPauaBea"B°'�f or Ter U Pfd to =realm of C the a the last on the day of in addition be ° tmtbe tea 2 0 o� the C7etadv�m�NaB act{ea a4 kwtTka.t be the i oar thengine`�ren�& win��ated �' under �L be afforded parties opportunity to.be hard at sai"a B°coMtII COUNTY NRE�DRpS Subscribed and swoi n t before WHY: C ALDD.WARDEN WEIR COUNTY me this a- day of ,447-6-4-r---,— , DATEDBAugust:AlY:Sheby_5 �W ia POBUSIIED: September 0, ,1000,_in The,New News. 19 )"d . ut ce°,`'' 4i.LlKfL,4--...—) --CH -ft, 9.a My Comllissiar)exr,te °.; c': I.,: ' TH. .OHNSTOWN BREEZE . NOTICE • STATE OF COLORADO I Ss • TRANSFER OF CERTIFICATE OF DENG- COUNTY OF WELD I • NATION FOR AN OIL AND GAS WELL 1, Clyde Briggs, do solemnly swear that 1 PRODUCTION TER DISPOSALDISPOSAL,ROGGEN Pi,u am publisher of The Johnstown Breese; ARVIN MIIRR?NBENIEVM.LINKED that the same Is a weekly newspaper NOTICE B HEREBY Off, d a tearing printed, in whole or In part, and published before the Board of County Commissioners of• in the County of Weld, Stale of Colorado, . Weld County, 0,etho, on the tam day a and has a general circulation therein; that the Chmbers , fthhourof to cif Conty said newspaper has been published the Chambers d the stand of Colorado,Weld continuously and uninterruptedly in said County Centennial illof Ceneklter, County, Street Fiat Courts Greeley, Colorado, for tom purpose County of Weld for ❑ period of more than • Fkwe Ding th Colorado, for the Mike r- fifty-two consecutive weeks prior to the *Roggenp the application for from Mike Car first publication of the annexed legal nolicu WRog(ate Disposed,Inc.,for the traveler d a - CeN5cete d Date and facility m operate a solid ur adverlisemenl; that said newspaper has Colorado. The Satindtedlirynwadcounty, • been admilled to the United Stales mails as Colorado. The 4dstln8 Certificate North d DeaBna twnret«edinPrtofthe Nomwmeoon28, second-class matter under the provisions of and part of in Kart a the NE 1lio 26, al 2In the A e l of March 'J, 111 19, u r a n y Towentl pert d the , Range 7 W st 25, ell In PM.,Wp5Nofm, olaoTWeef dmeeis •imendmenly thereof, and that said In accordance with Core SoliThrepr��urore • newspaper is a weekly newspaper duly S accordance wim the said waste Disposal101, t Sees and Facilities Act,and regulations 3040-101, etqualified for publishing legal notices and eurs,ant ter,as emended,8 CCRdre8wadone Issued advertisements within the meaning of the• pursuant thereto ate CCR t007-z. laws of the Slate of Colorado. Copies of the application for the transfer of a • That the annexed legal notice or advertise- the theYba examined IndofCunty tnenl was published In the regular and the once n the Clerk to In Boetd d County Commreslonere, located m the wad County .. entire issue of every number of saidonsecu- CemennlaCemaz,918 10th Street,Third Floor, • newspaper, for the period of .. .. Greeley,Colorado. I. live insertions; and that the first Ford of g the County Cose mmissioners dusk hearing,the publication of said notir • WAS In the issue of whetheBoard d County Deransfer the will consider said newspaper dulrtlk.1-Q. A.I). 1b.1.Q Designation « not i transfer the en Disposal, d and that the last publicut on of said Police Inc. l° Mae CervURoo�n fie ' w s in the issue o said newspaper dated Inc. .A.D. 19. Should rethepthe senceof court reporterty In witness wh reof 1-have hereunto set desire the presencewhich YR a repo artomahe my hand this ..''�.....• day of'^ f�tN.Af'f h-- hpe�of the proceedings,in eddillon to the r,the ed tothe- had'sO Kept during hthe hearing,the Ctedc m the-Board's Office dial be A.D. l9.`.'f • advised pr In. the ar such action We at least mre • /) drys prior m tlts hearing.The boN d ergWl^8 //, f/j// • . a shut a„d m °hen ha'h«te W me USW-Sher requesting party. Under the law, ee Interested puree ydn be afforded en-opportunity to be heard al said heating. ERs Subscribed and savor to before me, a BOARD OF Country ometaissioN wElocouNrccaoRnoo Notary Public in and for lh County of BY:DONALD D.WARDEN Wel Slate of Colorado, lhir�!O.�day of WELD COUNTY CLERK TO THE BOARD �i./Y�... A.D. 10..,.9. . . BY:Shrilly MIRK Deputy •7"/4/� � /,J/_/ ' G� ! DATED:August 29, 1880 il,. ..,(Zd..L.T.;.�� Notary Public «:. Pl1BUBFiED: September d turd, in The �: .Johnstown Breeze . fiMy commission expires ..., FL.;r,-_ lull:! 14, 7404 anus r f:� i}E1}'tftEICWr.,CO 80534 ` •t, . . r • • ,i 4, .aJ s A-- DAVIT OF PUBLICATION THtJONNSTOWNBREEZE NOTICE STATE OF COLORADO � ss 'TRANSFNATION FOR N OIL MIDCATE of OWEL COUNTY OF WELD I PRO�mpq AN DISPOSAL>xTE. I. Clyde Briggs, do solemnly swear that 1 a Imo• m publisher of The Johnstown Breeze; ppylROGGEN N9ENIEVA It4C. ED that the same Is a eek and newspublpaper Weld NOTICES HEREBY GIVEN d t hearing printed, In whole or In part, before the Board d County Commissioners°f in the County of Weld, Stale of Colorado, weld txumy, Colorado, on 19th clay d ey of circulation therein; that the Chambers b«,deer,sttiehourdloof ark,In and has ag d the Board °f County • said newspaper has been published Commissioners of Weld County,Colorado, d continuously and uninterruptedly ore than Floor, Greeley, 59or the purpoStreetse a of County of Weld fora period in said Floor, gen Disposal, Colorado, for to Purposedriot lb the conmdedng the appilemlon from Mike Cx- fifty lwp consecutive weeks p vMoggen ofDesignation esi Inc,for the transfer o a waste dais d Dateantlfa to onereld a County, v first publication of the annexed legal notice waste disposal operation facility Weld Counffi or advertisement; that said newspaper has Colorado. The existing Ceroflcme d Deakin Bon is t«thennartof a Northam Colorado26, • been admitted to the United Slates mails as ands located In NW the NEctio 25, 2B, second-class matter under the provisions rd 25, ml in the Act of Narch J, 11179, ur un>' end partWee d the NW 1/4, Section procedure . Tovmehip 5 North,.Belle e7 West d the ell Site and County,cAct,Se.ion30- 0101, e amendments thereof, and that said In accordance with the solid Waste Deposal newspaper is a weekly newspaper duly Sites S, aamee ed,and>t°nao'onsiss et qualified for publishing legal notices and as pursuantas thereto at li CCP regulations r the t and er of advertisements within the meaning o the of Copes Deignatood for the examerofa laws of the State of Colorado. ceuncam f the may be oadofCooty That the annexed legal notice or advertise• treomcedthe r,91 to Board of County • ment was published In the regular and Commissloners, located in the Well County entire issue of every number of aid weekly Greeley,�bC91510ihslreet,Thlydpkxx' newspaper for the period of ..1... consecu- Ford d ore dose d the public ill con one f: tive insertions; and that the first wherd d crude Commissioners the ercoate or publication of said Wilier W IJh issl oaf wnmhar « not to transfer the Certificate d said newspaper dated- Demgnao°n to Mike Carvilnoggan Disposal, • and that the lust publicist on of said notice DeInc o was in the issue of said newspaper dated sire thopesence of cedYeprter to Wall ......, 19....... deer rdoftisproeangs,le ache . ...ln witness A.D.. 19.. f 1 olive hereunto sal aped record the proceedings In pt du p me my hantn this ! ep due of hereunJ',J.k1fet, heard record whkh he be kept Office shall Wa ) ... ......•. hewing,ins Ordc b the such action n at l shell five A.D. 19.7..0 Bays pr M writing h al w,h e con m lent gvng e days prior rotor heesl�.The borne bYM1he • - • a court reporter �� requesting parry. Publisher Under the a law, to b Pestles win be ld to be hteartl st emd hearing. gDAgpCFCLDCO COUNTY, NERS Subscribed and sworn to beforerenter � WELD couNrv,canf+Aoo• gy;DDIC TO THE BOARD Notary Public In and for the/county day of y D Counily :DON 7o D.WARDED Weld, State of Colora�fo,, this .�• �........ A.D. 1oga".... By:Shelly Miller,Deputy • 'e"Y' • , Dr DATED:August 20, 1980 • • • . .L.••.., pllBuaNED: Beplembar e, -1890, M The Notary Public Johnstown Breeze .. expires My commisslon P ••••••' i,, a Jung 14,1991 •it . e Sal n Aura iue ' - Johnstown,CO B0534 • S » ' t . DATE: August 20 , 1990 TO: The Board o£ 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 19th day of September, 1990 , at 10 : 00 A.M. Docket No. 90-36 - Certificate of Designation, Roggen Disposal OFFICE BY:`S/ n�/OFTHE CLERK TO THE BOARD lIX f i x: int_min/ Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOA OF COUNTY COMMISSIONERS WEL OUNTY, COLORADO Abe`l S ,c ' f /�^ ailde A 1/ 7 “ �� " rec.:P l k�, 71 • STATE OF COLORADO COLORADO DEPARTMENT OF.HEALTH oy•cote 4210 East 11th Avenue Telefax: - N---)' $. Denver, Colorado 802 20-3 71 6 (303)322-9076(Main Building/Denver) '.* Phone (303) 320-8333 (303)320-1529(Ptarmigan Place/Denver) (303)248-7198(Grand Junction Regional Office) 1876• July 31, 1990 • R E C E 1 ` Roy Romer JE U Governor SANITAT/Du ordicioN Thomas M. Vernon, b1. Ernst Ross UExecutive Director Board of Weld County Commissioners AUG I Q 1990 P.O. Box 758 Greeley, Colorado 80632 t�rEL�tr r CE11 TY ROB LI s-T. Re: Transger of Certificate of Designation from Northern Colorado Brine to Roggen Disposal Site Location: NW 1/4 Section 25 and NE 1/4 Section 26, T5N, R67W; Weld County Dear Commissioner Ross: The Hazardous Materials and Waste Management Division (the Division) has reviewed the May 31, 1990 request to transfer the Certificate of Designation from Arvin Matinsen/E-VAP Limited, Inc. to Mike Cervi/Roggen Disposal, Inc The transfer of the Certificate of Designation is approved, proved that: (1) Mike Cervi/Roggen Disposal, Inc. adheres to all applicable sections of the Solid Waste Disposal Facilities and Act and the Regulations promulgated thereunder (particularly Section 6) and (2) Mike Cervi/Roggen Disposal, Inc. adhere to all previous operational agreements and Certificate of Designation conditions. The Division respectfully requests the Weld County send a copy of the Certificate of Designation with all conditions to the Division if and when it is issued. I may be contacted at this office if you have any questions. cerely, ,. I Attain N. Buckingham Geologist . • Solid Waste and Incident Management Section Hazardous Materials and Waste Management Division ANB/ht/7510 cc: R. Allison, Weld County Planning Department W. Potter, Weld County Health Department Or ,`c-, M. Cervi, Roggen Disposal, Inc A. Matinsen, E-VAP Limited CXhlL\ I+A- $ -;(-)r) E-----. // 19891L NO. 4887 RECEIVED OF -CZ— .c- -�.-< he-es�sy/I -cif -17 / F� ��11 O n� �� _e�- ,1,-,%e--<2. t_ �i_c� °- -:"j1•✓? DDLLARS/`—�� FOR (/y -7 J'� 12 �L--,� !!X�c e .a �, �}/f`�N) ci / BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO N,CLERK OF THE BOARD 4 e / A DFPITI l F,3p'*0 9 ,,v a OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303) 3564000, Err 4200 P.O.. Box 758 GREELEY, COLORADO 80632 COLORADO May 31 , 1990 Dennis C . Hotovec State Department of Health Waste Management Division 4210 East filth Avenue Denver , CO 80220 Dear Mr. Hotovec : This is to advise you that Roggen Disposal , Inc. , has paid the required fee and we are requesting that you review its application for an Amended Certificate of Designation for an oil and gas well production water disposal site , pursuant to the Solid Waste Disposal Sites and Facilities Act . Your prompt attention is required in order that the Weld County Board of Commissioners may proceed with its review. Sincerely , George Kennedy Chairman Pro-Tem PS Form 3800,June 1985 C r £ cn t7 s m t.y N 9 H tt o O F,7 °D v ij 2I--• cn9Z ge A. 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F- m m A 5 'm O p'0 a J 3 6 < 6' c :,d m 3yw D a _ ��3 x o c E. 1 w n o 8 -. El c m a • n 1n r 'm ❑❑❑ =•.*, ig v w C O onn ;3om 1 Crm mm� 3 �47�.4 2 k m 8 13 mg —1 < n" m �. T s •m pm 2ON m 0 i • mmu 3 m naa m Northern Colorado Brine P . O. Box 5714 Denver , CO 80217 May 25 , 1990 tfr q „> tinttrat,Wngwr Board of Weld County Commissioners jI!' MAY 2 9 199 P . O . Box 758 Greeley , CO 80632 Dear Commissioners : Roggen Disposal Inc . , the new owner of the Northern Colorado Brine Facility , 10600 Weld County Road 54 , Milliken , Colorado , is making formal application to the Weld County Board of Commissioners for an amended certificate of designation in the operation of the Northern Colorado Brine Facility . In accordance with state requirements , specifically Section 1 . 3 . 7 , further defined by Section 1 . 2 . 64 of the Reg ulations Pertaining to Solid Waste Disposal Sites and Facilities , Roggen Disposal Inc . is requesting of the State Health Department an evaluation and approval of the transfer of ownership. Documentation concerning the legal aspects of the transfer is enclosed . The new owner , Roggen Disposal Inc . presently owns the Roggen Disposal at Roggen, Colorado . It has operated that facility for six years without significant problems and has the technical expertise and ability to operate the Northern Colorado Brine Facility . We request that the necessary steps be taken in this matter as soon as possible . Thank you for your consideration of the request . Sincerely , '14/12-t-81/2. Mike Cervi —� President Roggen Disposal Inc . May 25 , 1990 1."""s" s" x Board of Weld County Commissioners P . O. Box 758 to Greeley , CO 80632 MAY 019910 Dear Commissioners : '' Please find enclosed a check to cover the fee necessary to file for an amended certificate of designation for the Northern Colorado Brine Facility . The check should have been enclosed with a letter of same date sent by Roggen Disposal Inc . Thank you . Sincerely , Mike Cervi 6 Cc 2 Roggen Disposal Inc . , EXHIBIT A LEGAL DESCRIPTION • Covering the Land in the State of Colorado, County of Weld, Described as: A parcel of land situated in the N1/2 of Section 26, and the NW1/4 of Section 25, Township 5 North, Range 67 West of the 6th P.M. , . . more particularly described as follows: Considering the North line of said Section 26 as bearing N90'00'00'E with all bearings contained herein relative thereto. COMMENCING at the NW corner of Section .25, thence 589' 37 ' 59"E along said North line of the NW1/4 of said Section 25 a distance of 707 : 63 feet, , thence 500' 00 '00"E a distance of 30 .00 feet to the POINT OF • BEGINNING, and South right-of-way line of Weld County Road• No. 54 , thence continuing S00'00 '00"E a distance of 24 .00 feet; thence $66' 22 ' 4494 a distance of 99. 94 feet; thence 856' 51 ' 56"W a distance of 90 . 67 feet; thence S54' 26 ' 36"W a distance of 100.06 feet; thence S50' 51 ' 48"W a distance of 99 .89 feet; thence S47'07 ' 32"W a distance of 100. 21 feet; thence S42' 27 '05'W a distance of 99. 82 feet; thence S38' 55 ' 12"W a distance of 99 . 35 feet; thence S34 ' 42 ' 02"W a distance of 100.00 feet; thence S31 ' 31 ' 15"W a distance of 99. 69 feet; thence S24 ' 03 ' 07"W a distance of 100 .00 feet; thence S22' 34 ' 0894 a distance of 99 . 99 feet; thence S19' 04126"W a distance of 98 . 92 feet; thence S14 ' 20 ' 33"W a distance of 99 . 88 feet; thence S11 ' 33 ' 5991 a distance of 100 . 22 feet; thence S9' 08 ' 11"W a distance of 97 . 56 feet; thence S1 ' 45 ' 82"E a distance of 91 . 92 feet; thence S89' 59 ' 54"W a distance of 2422. 71 feet; thence N10 ' 00 ' O1 'W a distance of 1356 . 36 feet, to a point on the South right-of-way line of Weld County Road No. 54, thence N90' 00 ' 00"E a distance of 2944 . 99 feet, thence S89' 38 ' 48'E a distance of 707 . 67 feet to the POINT OF BEGINNING. TOGETHER WITH an easement for the construction, use and maintenance of a retention pond, one or more water pipelines and a pump for irrigation and domestic service of water, together with the rights to repair, improve, maintain, renovate and operate said facilities over and across the following described property: The East half of Section 26, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and more particularly described as follows: Considering the South line of the Southeast Quarter of said Section 26 as bearing N89'03 ' 59"W and with all bearings contained herein relative thereto: COMMENCING at the Southeast corner of said Section 26; thence along the South line of said Southeast Quarter N89'03 ' 59'0, 1310. 67 feet to the 1/16th corner, said point being the POINT OF • BEGINNING; thence. along the South line of said Southeast Quarter, N89.03' 59"W, 300.00 feet; thence N00' 56'01"E, 145 .00 feet; thence N79' 29' 35'E, 251 . 48 feet; thence N00'05 ' 48"W, 84 . 19 feet; thence N89. 54 ' 12"E, 20 .00 feet; thence NO0' 05 ' 48"W 3721 . 89 feet to a point on the South line of Book 1016 as Reception No. 1950574; thence along said South line, N89' 59 ' 54"E, 30.00 feet to the 1/16th line; • thence along said 1/16th line S00'05 ' 48"E, 4001 . 84 feet to the POINT OF BEGINNING, as more particularly defined in Declaration of Easement recorded April 3 , 1989 in Book 1228 as Reception No. 2175302 and Amended Declaration of Easement recorded January 9, 1990 in Book 1253 as Reception No. 2202227 . PC 09 RE No. 114451 BILL OF SALE THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation ("Seller") , for and in consideration of the sum of $10. 00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has bargained, sold; and by these presents does hereby bargain, sell and convey unto ROGGEN DISPOSAL, INC. , a Colorado corporation ("Purchaser") , whose address is c/o Michael Cervi, 103 Sierra, P.O. Box 169 , Sterling, Colorado 80751 whatever interest Seller may have, if any, in and to all of the personal property, goods, furniture, fixtures and other chattels including irrigation systems, and windmills, if any, located upon or used in connection with the real property located in the County of Weld, State of Colorado, which real property is more particularly described on Exhibit A. Said property is conveyed AS IS, WHERE IS and Seller covenants that it has not placed any liens against said property. DATED this 6th day of April, 1990. THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation By: G46 ,ite rant�sr6a F FOen89Y Statard fx br [NAME] [TITLE [SEAL] By:/LI [/ •� e��eS(�iw 6weE STATE OF CONNECTICUT ) ) ss. FAFMINGT0N COUNTY OF HARTFORD ) The foregoing instrument was acknowledged before_ me by Roberla F.Forney as the ANiSUnlD?r OW of The Travelers Insurance Company, a Connecticut corporation, this 6th day of April, 1990. Witness my hand and official seal . My Commission expires: 3/31/94 [SEAL] 727 „fr -jGG/✓ ? (...—L ik ez-u— Notary Public PATRICIA ).) CSASZAR Ccamission expires: 3/31/94 71166 BOS—rogg.kmd Or r RECFIVED SAM.]AION oivisloN APP -91990 - ROGGEN DISPOSAL P. O.BOx 5714 WELD COUNTY HEALTH DEPT. Denver , Co 80217 , 303-830.-7156 April 9, 1990 J Mr . Wes Potter , Director Environmental Protection Service Weld County Health Department 1516 Hospital Road Greeley , Colorado 80631 Dear Mr. Potter : This letter will formally advise you that Roggen Disposl Inc . has purchased the Northern Colorado Brine Facility effective April 11 , 1990. i Roggen Disposal. Inc. requests immediate authority to temporarily open and operate the Northern Colorado Brine Facility using the Plan of Operation dated July 14, 1989 and prepared by RBD, Inc. , Engineering Consultants of Fort Collins , Colorado. • Roggen Disposal Inc . further proposes to continue operation of the facility in compliance with the USR (Use by Special Request) permit granted by the Weld County Commissioners . We are presently implementing the corrections to the facility as outlined in the RBD plan and we intend to operate according to the - plan until the certificate of designation can be transferred to Roggen Disposal Inc . by the Weld County Commissioners. The on site operator of the facility will be Kenneth Thrasher, whose qualifications are outlined in the accompanying resume . The closing on the facility is set for April 11 . We would hope to begin operation as soon as that is concluded . Sincerely , `I l Mike ike Cery • President Roggen Disposal Inc . MC:ccs °cc , RECEIVED Kenneth L Thrasher SANITAn N DIVISION April 11 1990 10600 W.C.R. 54 Milliken, Colo 80543 APR _91990 ( 303 ) 350-2668 WELD COUNTY HEALTH DEPT. Job Objective Manager on site (operator) Water Disp. (Oilfield) Northern Colo: Brine • Work Experience E-Vap LTD./Northern Colo. Brine • 1984 May-Present On site Manager (Operator) From day one of Construction of site. Work treatroil,make sure no wrong fluids were dumped,take tests from wells to Health Dept. 1983-1984 Roggen Water Disp. ( Oilfield) On Site Mgr. do satie as abouve. 1981-1983 Flint Eng. Truck driver Vac truck(oilfield) • Education Highschool (GED) 1964 i References Furnished upon request. I I Kenneth L. TT s�her /�,S `o[�L�i car"sue I I-_ i d AGREEMENT The Board of County Commissioners of Weld County, Colorado ("Board") agrees as follows: A. On December 12, 1983, the Board5issued a Certificate of Designation Oil and Gas Well Production Water .Disposal Site ("Certificate") to Arvin G. Martensen, t-VAP, Limited, Responsible Operator. B. The Travelers Insurance Company, a Connecticut corporation ("Travelers") , became the reCordowene' of the real is located property on which said disposal site s following foreclosure of a deed of ..trust for its benefit. As owner, Travelers has marketed the Site for sale. C. Sy Contract dated March 15, 1990, 'Travelers agreed to sell the Site to Roggen Disposal, Inc. ("Roggen"I. The Board' s approval of Roggen as a successor holder of the Certificate is a part of said Contract. As a part of the sale, Travelers requests the execution of this Agreement by the Board. THEREFORE, in conjunction with the approval of Roggen as a { successor to the Certificate, the Board shall release Travelers from any and all liability, responsibility or obligation concerning the Certificate and operation of the Site and shall " look to Roggen for all liability, responsibility and obligations concerning the Certificate and the operation of the Site. This Agreement is executed this day of April, 1990. BOARD OF COUNTY COMMISSIONERS OF WELD s COUNTY, COLORADO By [NAME] [TITLE] 71166 Agreement n.9"tP, I") ROTHGERBER, APPRL, POWERS & ,HNSON ,- Mr. Wes Potter, Director April 10, .1990 Page 2 Should you have any questions or comments when reviewing the Agreement, feel free to contact me. Thank you in advance for your cooperation. Very truly yours, ,t ROTHGEFBER , POWERS & JOHNSON Rdbkr/ hur, Jr. d. RSA/PM/11b cc: Mr. Bernie Gehris Ms. Mary K. Scanlin • 41 err, q. a ROTHGERBER, APPEL, POWERS SI JOHNSON 1 SUITE 3000 CHESTER E.MARTINE.JR. PATRICK O.HUSTEAD W4WM S.POWERS THOMAS T.JOHNSOH. N ROBERT S.APPEL STEPHEN T.JOHNSON ONE TABOR CENTER JERRY G.PERCY FRANCES B.MCOONALO ROBIN R.KOVASH JOANN I—VOGT DONALD P.JOHNSON ALAN W.AN ANDERSONZARRY � JANE E FREY KATHRYN 5,HRAVSE NORMAN ICIACOMINI DOUGLAS S .SCOTT 1200 SEVENTEENTH STREET __ PETER J.LUCAS RANKSNORMAN R.DENS '. DOUGLAS O SCOTT KRIS J. M. OUNSKV JAMCa M.LYONS FREDERICK J.BAUMANN DENVER, COLORADO 60202 THOMAS N.DOMME JAMES R.WALKER MARK SPITALNIK PATRICIA N.POWELL RICHARD K.CLARK _ J.SCOTT SWCNSON TELEPHONE(3031 JAN A.STEINXOVR MELISSAA MUTAENBURG CHARLES GOLDBERG FRANKLIN O.O'LOUGHLIN AMY MIEINHO MARK G.RYAN TENNYSON W.GREBENAR MU BERT A FARBER JR. KEITH BLOCK LYNN A.STAND GREGORY IWOLUAMS JANICE M.LUND EOON B MARTLEY PAUL J. SLANG GREGORY B.KWH BRENT R.COHEN DENVER TECHNOLOGICAL CENTER YLSTRA PATRICK M.FLAHERTY DAVID G.DITTO HERBERT N.DAVIS III RAYNOND D.MCCALL 5231 OTC PARKWAY BEN M.CCHOA FRANK LOP(2 JAMES R.EVERSON MICHAEL J.GUYERSON SUITE u00 GERALD M.CREWE JUSTIN D.GUMMING MICHA[L D.NOSNER LAURA WING ENGLEWOOD.COLORADO BOIII BRIAN J.$PANO KATHRYN M.SISTRUNK GMRY R. ARTHUR. RTH PETER L EGWAROS MICHELE VALDE2 GREGORY A VALLIN ROBERT S. flUR.JR. WRRELL M.OALEy SAMUEL M.VENTOU IRA C.ROTHGERBER.JR. TELECOPIER COUNSEL April 10, 1990 1303)623.9222 CABLE ADDRE59 . IRA C.ROTHGERBER IIBTB-IB561 'CABLE O.DENVER WALTER M.APPEL 111979-19611 REC ` IVED gANITAny, nr,l0.10:1 Mr. Wes Potter, Director APR 11 1990 Environmental Protection Service Weld County Department of Health 1516 Hospital Road BdE �P;;`PTY 'g LiE� BUT • Greeley, Colorado 80631 Re: Certificate of Designation Road 54 E,-Vap Park, Limited U.S .R. 540: 83 : 3 • Dear Mr. Potter: , Our office represents The Travelers Insurance Company, current record owner of the land upon which the above referenced - disposal site is located. Travelers has entered into a contract - for sale of the site to Mr. Mike Cervi, Roggen Disposal, Inc. It is our understanding that the County haS approved a temporary operating permit for the site in favor of Mr. Cervi .. and Roggen Disposal, Inca Mr. Cervi has_communicated to Travelers, that he is currently pursuing assignment of the Certificate of Designation for the site, originally issued by the Board of County Commissioners on December 12 , 1983 . In conjunction with the approval by the Board of Roggen Disposal and/or Mr. Cervi as the operator of the site, we have prepared the enclosed Agreement for execution by the Board. Please review the agreement, and finding it satisfactory, obtain the authorized signature of the Board and return to our office at your earliest convenience. A return envelope is enclosed for your convenience. (Y EMORAIMUM WEIDe Keith Schuett To Dept. of Planning Date April 13 , 1990 COLORADO From Lee D . Morrison, Assistant Weld County Attorney $ueject: Roggen Disposal You have asked what the effect of the April 9 , 1990 , letter is on the Use by Special Review for the Northern Colorado Brine facility which is proposed to be taken over by Roggen Disposal. It is my understanding that the current USR does not limit changes of ownership and that , so long as there is no substantial change in the physical layout or operation of the facility, no amendment to the Use by Special Review is required . State Solid Waste Regulations do require a transfer of the Certificate of Designation and Roggen disposal will have to apply through the State and local Health Departments with a hearing ultimately to be set before the Board of County Commissioners on the transfer issue . It is my understanding that the Planning Department would not initiate that process. ge<SA D. Morrison Assistant Weld County Attorney LDM: rm xc: Mary Reiff f" ,.y..,,.i l� MEMORAnDum • Wilk Clerk to the Board of Commissioners May 2i, 1990 To Date Wes Potter, Director, E.P.S. ,49 // COLORADO From (� (/IXi1 Northern Colorado Brine Transfer of ership Subject: Roggen Disposal has purchased Northern Colorado Brine and is currently operating the facility. They have been informed regarding the procedure for transferring the Certificate of Designation by amending the permit. I understand they will apply for the amended Certificate of Designation within a week. I am forwarding a copy of the information I have so you will have it for the file. Please contact me when a hearing date has been set by the board. cc: Lee Morrison, Assistant County Attorney Planning Department Enclosures Hello