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HomeMy WebLinkAbout931161.tiff AR23LLS:LD RESOLUTION RE: APPROVE VACATION OF CERTIFICATE OF DESIGNATION AND SPECIAL USE PERMIT #293 FOR KEENESBURG SANITARY LANDFILL 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, by Resolution dated March 21, 1977, the Board granted Special Use Permit #293 and a Certificate of Designation for location of a sanitary landfill to the Town of Keenesburg, c/o Hugh Denton, Mayor, and WHEREAS, said Permit and Certificate were granted for a sanitary landfill located in a part of the NEy of Section 14, Township 2 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, an inspection by Weld County Health Department staff on March 9, 1988, did determine that the final cover was properly graded and the site was closed in compliance with the Solid Waste Disposal Sites and Facilities Act, and WHEREAS, the Board has been presented with a request from the Department of Planning Services' staff to vacate Special Use Permit #293 and the abovementioned Certificate of Designation, effective as of March 9, 1988, and WHEREAS, after considering all testimony and statements of those present, studying the request and recommendations of staff, and having been fully informed, the Board deemed it advisable to vacate Special Use Permit #293 and the abovementioned Certificate of Designation, effective as of March 9, 1988. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Special Use Permit #293 and the abovementioned Certificate of Designation granted to the Town of Keenesburg, c/o Hugh Denton, Mayor, be, and hereby are, vacated, effective as of March 9, 1988. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: Tidal A WEL OUNTY, COLORADO YWeld County Clerk to the Board,74' Constance L. Harbert, Chairman BY: ` r Deputy Clerk .tor d \ W. lf. e ster, Pro-mem APPROVE a /r EXCUSED George E. Baxte 1 un y Attorney Dale K. Hall EXCUSED Barbara J. Kirkmeyer B 1419 REC 02366510 12/29/93 15 .32 $000 /001 931161 F 1440 MARY ANN FEUERSTEIN CLERK & RECORDER.WELD CO, CO ��7o3S CC , /tie; PGA i)to u35 HEARING CERTIFICATION DOCKET NO. 93-88 RE: VACATION OF CERTIFICATE OF DESIGNATION AND SPECIAL USE PERMIT #293 FOR KEENESBURG SANITARY LANDFILL A public hearing was conducted on November 24, 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 - Excused Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer - Excused Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated November 8, 1993, and duly published November 11, 1993, in the Windsor Beacon, a public hearing was conducted to consider the vacation of Special Use Permit #293 and a Certificate of Designation for the Keenesburg Sanitary Landfill. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning staff into the record as written. Mr. Schuett explained the landfill was closed in March of 1988; however, the Board neglected to vacate the Certificate of Designation and Special Use Permit #293. Jeff Stoll, Health Department, stated no inspections have been done since the time of closure; however, he is not aware of any concerns or problems in the area. In response to a question from Commissioner Hall, Mr. Morrison stated the only problem in the future would be if action is not taken today, someone may argue that the landfill can be reopened without going through any permit process. No public testimony was offered concerning this matter. Commissioner Hall moved to approve the vacation of Special Use Permit #293 and Certificate of Designation for the Keenesburg Sanitary Landfill, based on the recommendation of the Planning staff, and retroactive to March 9, 1988. The motion was seconded by Commissioner Webster, and it carried unanimously. This Certification was approved on the 29th day of November, 1993. I y! Icy APPROVED: ATTEST:444/M/ ,ef BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to t e Board By: i _,,Lop, Y7/S`/ ( .nom Constance L. Ha bert, Chairman Deputy Clerk to the / W. H. Webster, Pro-Tem��� TAPE #93-40 EXCUSED George E. Bax er DOCKET #93-88 Dale K. a 1 PL0635 EXCUSED Barbara J. Kirkmeyer 931161 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 vacation of the Certificate of Designation and Special Use Permit are requested to attend and may be heard. 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. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission 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: 93-88 APPLICANT Town of Keenesburg 140 South Main Street P.O. Box 312 Keenesburg, Colorado 80643 DATE: November 24, 1993 TIME: 10:00 a.m. REQUEST: Vacation of Certificate of Designation and Special Use Permit #293 for Keenesburg Sanitary Landfill LEGAL DESCRIPTION: Part of the NE* of Section 14, Township 2 North, Range 64 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles north of Keenesburg, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: November 8, 1993 PUBLISHED: November 11, 1993, in the Windsor Beacon 931.1.61 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ISM ss BE faTnaA-a,.so KNOWN COUNTY OF WELD mutPursuant totM zenin, -lC^xt and awl laws of the Slate of as°anmsa by the WaM I, KEITH H-ANSEN, of said County of Weld, being duly County Piarml sworn,say that I am publisher of Y tummy yo and Zad Dammed In t may et Ordinance, a Palle areClerk in die oNaa N M Ctyrk omi s' of hosting will ba Mid in County Commies' WINDSOR BEACON the Chambers of the 'mod Nand of Counp located In Mold commissioners of Wald County Centennial a weekly newspaper having a general circulation in said Canny,Cobra Wald Canter 915 10th 31oat County and State, published in the town of WINDSOR, County Centennial Third Floor, Crean: in said County and State; and that the notice, of which Cores imams* Coloraoo Corer,91 . First Floor, Greeley, the annexed is a true copy, has been published in said Colorado,at the time DOCKET No,93M weekly for __successive weeks, that the notice wed. All nuns in APPLICANT:Town of was published in the regular and entire issue of every any manner inward Waneaburg 140 South number of the paper during the period and time of M Ma vacation at IM Main Street, P.O. Box publication, and in the newspaper proper and not in a Certificate M 012, Keenesbur - 9. supplement, and that the first publication of said notice Use Per mad° °S was in said paper bearing the date of the raw wted to aWSWeM DATE: November 24; svages heard. 14IIM � y _//711- day of B-vt-i-e-r , AD., 19 � and SWIM the applicant arTBE:Kogan the last publication bearing the date of the any interested pry Wen lie Pretend*W a REDDEST:Vacation of day of A.D., 19 and aat#t water to 1S a Gantt'cats of that the said WINDSOR BEACON has been published record of me paUBna3wl and Spa. Moorings,in Set Mee Permit #293 for continuously and uninterruptedly for the period of 5 to the Sea ap taped raard Kaenesbury Sanitary consecutive weeks,in said County and State, prior to the the haadrq, d dwitte ire - date of first publication of said notice, and the same is a the Beard's Draw ehag LEGM-DESCRIER:2N: newspaper within the meaning of an Act to regulate eahi I Part of the NE 1/4 of printing of legal notices an advertisements, approved eclion day Prior ill ate Edon 14,Township 2 May 18, 1931, and all prior cts ar as in force. a if rth,Ms Rahn 4 West /MgagIn The taw* of Ms nth P.M., Weld arpghp a oa n norm shall be bama Coro,Colorado Mdwntyre fBilli qc I. O C A T I 0 N : ° P LISHER APProltimatey two miles north of Keonesbµrp, Womb Subscrib d and sworn to before me this /5 day of -77 t, vc-r ri 19 el3 BOARD OF COUNTY COMMISSIONERS, �� WELD COUNTY, ,��eE // Grxmw _ Oao. oo NOTARY PUBLIC -BY: DONALD D. My commission expires ] 2 , / 99 WARDEN,CLERK TO TIE BOARD • By: Shelly K. Miller, DeputyClerk to ter Board Published In the Windsor Beacon on Noaomber 11,1993. 331161 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-88, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this day of tn072 ° 6OO, 1993. l LinCePAJ Deputy Clerk o the Board Town of Keenesburg 140 South Main Street P.O. Box 312 Keenesburg, CO 80643 Robert C. Fisher, Jr. Otten, Johnson, Robinson, Neff and Ragonetti, P.C. 1950 17th Street, 16th Floor Denver, CO 80202 Steven C. and Alvin Gray P.O. Box 404 Keenesburg, CO 80643 Steve C. and Kathy D. Gray 9771 Weld County Road 59 Keenesburg, CO 80643 Weld County 915 10th Street Greeley, CO 80631 Lawrence and Carole Gerkin Vince and Helena Gerkin 23035 Weld County Road 22 Hudson, CO 80642 Elma J. Marolf c/o Elma J. Edmiston 1430 Beatrice Court Longmont, CO 80503 2311,61 Clit;.%)\ DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 �• WELD COUNTY ADMINISTRATIVE OFFICES WI I 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO November 24, 1993 Board of County Commissioners 915 10th Street Greeley, Colorado 80631 Subject: A Certificate of Designation and Special Use Permit SUP-293, Keenesburg Sanitary Landfill located on property described as part of the NE4 of Section 14, T2N, R64W of the 6th P.M. , Weld County, Colorado. Dear Commissioners: -On March 16, 1977, the Board of County Commissioners approved a Certificate of Designation and a Special Use Permit for the Keenesburg landfill. In 1987 the landfill was closed and the proper closure was completed in 1988. Wes Potter of the Weld County Health Department reviewed the site and determined that the site had been properly closed in compliance with the Solid Waste Disposal Sites and Facilities Act. The closure had never been reviewed by the Board of County Commissioners to properly vacate the Certificate of Designation and Special Use Permit. The Department of Planning Services' staff requests that the Board of County Commissioners review the material provided and vacate the Certificate of Designation and Special Use Permit #293 effective as of March 9, 1988. Respectfully submitted, . Sc uete! Current Planner KAS/sfr -pc: Town of Keenesburg Weld County Health Department Lee Morrison, Assistant County Attorney Case File #SUP-293 Robert C. Fisher, Jr. Otten, Johnson, Robinson, Neff and Ragonetti, P.C. 1950 17th Street, 16th Floor Denver, CO 80202 .'?1'.6:". 04ic � mEmoRAn©um Chuck Cunliffe August 23, 1993 O Date �ee D. Morrison, Assistant County Attorney COLORADO om -Keenesburg Landfill subject: It appears, from a review of the records, that while the Weld County Health Department believed the physical closure of the Keenesburg Landfill was appropriately accomplished in 1988 no steps were taken to actually vacate the facility' s permits . The request -has been made by Waste Services that this be addressed and the -Board be asked to enter a resolution which vacates the Certificate of Designation and Special Use Permit. It appears from the file that the current listed operator, the Town of Keenesburg, would not object. We should discuss going through a ten day notice process and then abandonment proceedings . -'here is also a publication of closure required. I have attached memos and letters of March 24, 1988 and a letter of August 10, 1987 , and I would note that you did appear to -have received the March 24 memo. Also included is a Resolution of March 16 , 1977 for the Special Use Permit. -Please contact me with your thoughts on this matter. LDM/gb:chuck Attachments oC E AUG 2 5 1993 11 23V.61 AUG-18--93 MON 15:32 P. 02 • mEmoRanDum Zane Brantner, Chairman j ro -Board of County Commissionerq,. March 24, 1988I k COLORADO From . Wes Potter, 1)irector, Health Protection Services O Closure of Keenesburg Landfill Facility �n Subject: The Town of -Ceenesburg -has ceased using and cloned the Reenesburg Landfill facility at the NI+.r' of section 14, Township 02N, Range 64W. An inspection by staff on March 9, 1988, determined that the final cover has been placed on the site to grade, and the site has been properly closed in compliance with the Solid Waste Disposal Sites and Facilities Act, The Division, therefore, recommends that the Board of County Commissioners consider the town's request to revoke the Certificate of Designation to Operate a Solid Waste Disposal Facility at this site and any other permits' implied or in fact to operate a landfill at this site. • RUG 16 ' 93 1£ : 33 PRGE AUG-16-93 MON 15:32 P. 03 t1 DEPARTMENT OF HEALTH 1616 HOSPITAL ROAD GREELEY.COLORADO 60631 ADMINISTRATION(303)353-0586 I - HEALTH PROTECTION(303)353-0635 COMMUNITY HEALTH(303)353-0839 O • COLORADO March 14, 1988 The Honorable Ron Linnbur Mayor of Keenesburg Town of Keenesburg Keenesburg, CO 80643 tear Sir, On March 9, 1988, an inspection of the Keenesburg Landfill closure site was conducted by Jeff Stoll and Lynn Robbio of this office. It was determined that the clay map layer and two feet of final cover of top soil has beet placed over the landfill to bring it to final grade. The seeding of created wheat grass over the entire site will be completed by May 15, 1988. The -Department therefore considers the landfill site properly closed and will -recommend that the Weld County Hoard of County -Commissioners revoke the Certificate of Designation to Operate a Solid Waste Disposal Facility at the teenesburg site. Thank you for your cooperation in this procedure. If I can be of further Assistance, please -do not hesitate to contact me. tiocerely, • Wes Potter, Director • Health Protection Hervicee -WP/ta j -RUG 16 ' 93 16: 33 n -1- g t _ Wu i Ns� • (� xAx� i , QI'S'r5 l5: �j .K A+*aY3 h + fr 7 ( ! „' to rva a e:. t�mx Y �r rv� 4 rw au eJ C UJ:1R JU ,.: e.,kTMih . w ,1 • W[ll COe�O° 1,IJI� 1 ' u:. � : K, rnrsburg ,*g, 1orad, 83647 Irk II Mey!.r l,innebur: !hit, LJepartmenr :!as recel(iec your IbtLeer dated July 24 , 1 )N ccgard ...s t ;,e ,lanced closure of the Keeneuburg Landfill. We beliete that Beenesburs's decision to close the landfill is economically and environmentally sound. The closure proceedings you submitted provide a good framework for the closure of the landfill. Per the requirements of the Regulations Pertaining to Solid waste Disposal Sites and Facilities, this Department requests that the Town implement the following additional proceedings as part of your closure plan: i) Maintain fencing and/or a natural barrier around the entire site to preclude access and illegal dumping. 2) The final cover be placed to promote gradual drainage trot the center of the landfill and that the end slopes be no steeper than 9 to 1 horizontal to vertical. 3) The Town should reconsider its plan to close the landfill over a 2` month period. If the final cover and the reseeding are not dose simultaneously, the intergrity of the final cover say be jeopardised. The extended closure period say promote illegal dumping. Eaeaasbmrg should investigate closing the landfill within the neat year. 4) To protect the function of the final *.over. the ca.osed landfill Basset be used for any activity unless Weld Cowaty nod this department hove a opportunity to review and approve any pleased wee. 5) lee request that tscassburg commit to a 10-year posit-closure saotrexrtM progras. During this tins. the site should be checked is the toil amts Spring to emeura that the finial comet mad wyetsttse axe istect, ace lent spots exist. me statist tem occexsede tad thee the teats; to La algod good coediting.. Amydsficfsmciss east be cort•sated es soar as Pam: Reports decumsting the roseate at Bach at these iespettts a *amid be submitted to Veld Casty sad to this Ospmrtseet. ®aw.l &<9 47 Mayor Ron Linnebur Page Two August 10, 1987 Please contact me at 3.31-4846 it yoo have any questions regarding ten conditions. Sincerely, 4 Stephen J. Orzynaki , P.E. Public Health Engineer ».:�... Hazardous Materials and .:. Waste Management Division SJO:clb/1797K cc: Weld County Commissioners Wes Potter, Weld County Health Dept. • . 1 ., Town or Yl.t/GieSbilrg )FJ.ill JV• ., ntimh 1L7 V INCORPORATED JULY, 1919 C •',..j .,. (-J' -n- ZIP CODE 80849 f •r I " '1 I! k':: ; WELD COUNTY, COLORADO i ,r1.`R^ p� ('+� I 6?+ H t L.li ail► �C1 .Yd��Z1(� 1 GREELEY. COLD, July 24, 1987 Weld County Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80643 RE: Closure Keenesburg Landfill Dear Commissioners: The Town of Keenesburg has determined they are unable to comply with the solid waste disposal sites and facilities act regulations, and are therefore requesting our certificate of designation be resended. We have notified the residents of Keenesburg of the closure and have placed a. suitable sized sign at the landfill, this was done some time the end of March. We have had excellent results in that there has been very little dumping at the landfill since the 1st of June. Our closure proceedings will be as follows: 1. A dirt bank will be placed where the existing gate is now, so the site will no longer be visible from the road. 2. One foot of clay will be placed over the fill and two feet of sand will be placed over the clay as recommended by the Health department. 3. Crested wheat grass or other suitable seed will be planted over the entire area to prevent soil erosion. 4. Precautions will be taken to prevent further use of the site, The Town will monitor the site periodically to insure no further dumping is taking place. The closure of the landfill is sure to put a strain on the budget this year and so we are requesting a time frame of 24 months for completion of the entire cover and seeding program, however we may complete sooner. If this is not practical please advise. I �l'� JUL 27 1987 � _ __--- __ '.' i''';%<.)-'t.,.,4/ weld Co. PlannitiR Cnmmisr,loi' 231.1.64'. INCORPORATED JULY, 1919 ZIP CODE 60649 WELD COUNTY, COLORADO _9_ If there are any objections to the closure proceddings please let us know. Sincerely: TOWN OF 1 ENESBURG grru d Ron Linnebur,Linnebur, Mayor RL/sg cc: Weld County Health Department, Wes Potter State Health Department, Steve Orzinski AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property i4 N,\ 1)\(AW STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. 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