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Home My WebLink About991433.tiff NOTICE Pursuant to the zoning laws of the State of Colorado and Weld County Ordinances and Resolutions, 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. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 356-4000, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to chardina(a�co.weld.co.us. DOCKET#: 99-27 DATE: May 17, 1999 TIME: 9:00 a.m. APPLICANT: Arthur, Bradley, and Robert Beierle, and Samuel Carlson Forrest Leaf 13946 County Road 56 Hillrose, Colorado 80733 REQUEST: Hearing of Appeal of the denial by the Weld County Board of Health on March 23, 1999, for a Domestic Septic Sludge Application LEGAL DESCRIPTION: Part of the S1/2 SW1/4 of Section 14, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado ISSUES: The applicant is seeking to reverse the Board of Health decision to deny a permit to apply septic sludge and as grounds for reversal states: 1. The applicant has met all applicable requirements in accordance with Ordinance#89-U. 2. The applicant has demonstrated compliance with Sections 49.5.1.1 through 49.5.1.9. 3. The Board of Health failed to make any finding that the applicant did not meet applicable standards and conditions of Sections 49.5.1.1 through 49.5.1.9 as required by Ordinance #89-U. 4. Ordinance#89-U states, "The Board shall approve all or any portions of the Domestic Septic Sludge Permit unless it finds that the applicant has not met one or more of the standards or conditions in Sections 49.5.1 through 49.5.9." = EXHIBIT 991433 5. As the Board of Health failed to make any findings, the Board of County Commissioners must reverse the decision of the Board of Health as approval is mandatory by the use of the word "shall" in Section 49.5.1. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 1, 1999 PUBLISHED: May 5, 1999, in the Fort Lupton Press Affidavit of Publication STATE OF COLORADO County of Weld SS. NOTICE I A.Winkler Rieeel of said County of Adams being duly Pursuant to the zonrg laws sworn,say that I am publisher of d the State of Colorado do and Weld County Ordinances and Resolutions, a public FORT LUPTON PRESS ening we be held in the that the same is a weekly newspaper of general circulation Chambers of the Board of was printed and published in the town of County.Commissioners of Weld ounty, Colorado. INSFORT LUPTON comm. un10 Centennial frs111 15 1Oth enil in said county and state that the notice of advertisement,of lutes Seeley,Colorado,at which the annexed is a true copy has been published in MM Me specified. said weekly newspaper for •e•mutt reporter Is de- E board,advise the Clerk ONE consecutive weeks: that the notice was to Mks in rior of,at leOst s wri of the published in the regular and entire issue of every number - - Cost of erttag- 1. The applicant has met as of said newspaper during the period and time of bgapwr reporter shall be applicable requirements in publication of said notice and in the newspaper proper and 'porosity the requesting accordance with Ordl- not in a supplement thereof: that the first publication of POKY. et accordance with nonce k89-U. said notice was contained in the issue of said newspaper Me American;weh MOM. bearing the date of Med M Ric he ich a sitcom. 2. The applicant has dem- MAY 5. A.D. 1999 and the last publication modatbons are required autroted compliance with order tar you to participate Sections 49.5.1.1 through thereof,in the issue of said newspaper,bearing date, In Inn nearing,please con- 49.5.1.9,tact the Clerk to the Board's the 5th day of MAY 1999,that the aid Office at tendon 422e prat to m�dw to make any of that tthe of be hearing• applicant did not meet ap- FORT LUPTON PRESS the complete case file pscabiestandardsandcon- they be examined In the d- (Ions of Sections 49.5.1.1 has been published continuously and uninterruptedly "cedilla Clerk to be Board through 49.5.1.9 as required during the period of at least fifty-two consecutive weeks of County Commissioners, by Ordinance 1189-U. next prior to the first issue thereof containing said notice WOW County Centennial or advertisement above referred to: and that said Center,915 10th Street,Third 4. Ordinance#89-U states, newspaper was at the time of each of the publications of Fop,Greeley.Colorado. 'The Board shall approve at said notice duly qualified for that purpose within the E-MO messages sent to an a an Do- meaning of an act entitled. "An Act Concerning Legal Y Pomons of the P individual Commissioner meiotic Septic Sludge Permit nters dvertisemaa and Publications and the of mw not be Included In tM cant If finds that the one or Printers and Publishers thereof,and m Repeal allof Acts and Of your.To ensure Inclusion cant has not met or Parts of Acts in , 1921. with the amendments of this Act" d your E-Mall case porn more of the standards of approved April 7, 1921,and all amendments thereof,and dance into the file, conditions In Sections 49.5.1 particularly as amended by an act approved, March 30, please send a copy to Keough 49.5.9.- 1923 and an set approved May 13.�19�311��/\/ A I 5. Into akeaof Hearn DOCKET 5: 99-27 fated to nice any findings, '� DATE: Nte Board at County May l7,1999 Commissioners must th e e decision of the Publisher TIME: board of Health as 9:00 a,m. approval Is mandatory by Subscribed and sworn to before me this sin day of the Lee of the word'shall' AY A.D. 1999 APPLICANT: in Section 49.5.1. Arthur,Bradley,and Robed WELDLAINCO p 99 Belerle,and Samuel Canon 7. / a /-)2/' i . c/o Forrest Led RADO 13M6 County Road 56 DATED: May I,1999 Notary u lie Meese,Colorado 80733 Published in the Fort Lupton P.O.BOX 125 MEMEET:'Hearing of Appeal Press May 5,1999. of the denial by the Weld County Board of Health on March 23, 1999,fora Do- FT-LUPTON. CO 80621 c malt Septic Sludge Apps tion loin CaCNtION: a `�\\ Part el the 51/2 SWI/4 of \\ SecMa114,Tbwattip 2 North, c` R 67 West of the 6th „41)1• "PRY P(7Be'tt1 P.M., eld County, Colo- '.., rode !• S MUMS:MS: The applicant is (/' seekk g to reverse the Board 1 JAMIEof Health decision to deny a YBARRA r Permit to apply Septic st1f/f�sc f•b1 nudge and as grounds tor reversal states: hV OF COV Q • My Commission Expires December 27,2001 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket#99-27, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 23rd day of April, 1999. GILBERT AND DIANA EVAN ARTHUR, BRADLEY, AND ROBERT 7987 WELD COUNTY ROAD 19 BEIERLE, AND SAMUEL CARLSON FORT LUPTON CO 80621 16373 WELD COUNTY ROAD 28 PLATTEVILLE CO 80651 FRANK AND RUSHANN ACOSTA PO BOX 369 LEAF ENGINEERING FORT LUPTON CO 80621 c/o FORREST LEAF 13946 COUNTY ROAD 56 JAMES AND WINONA BARCLAY HILLROSE CO 80733 13017 WELD COUNTY ROAD 30 PLATTEVILLE CO 80651 ARTHUR AND MARY DAVIS 9535 WELD COUNTY ROAD 23 DANIEL AND CATHEY WELLMAN FORT LUPTON CO 80621 PO BOX 850 PLATTEVILLE CO 80651 EUGENE AND SHIRLEY WAGNER 9990 WELD COUNTY ROAD 23 TED AND DARLENE WOKERSIN FORT LUPTON CO 80621 9111 WELD COUNTY ROAD 20 FORT LUPTON CO 80621 HENRY AND DEBORAH THUENER 10404 WELD COUNTY ROAD 22 TONY AND JULIE ANN DURAN FORT LUPTON CO 80621 PO BOX 7666 LOVELAND CO 80537-0666 PHILLIP MCCOY PO BOX 825 STREAR FARMS COMPANY LONGMONT CO 80501 % CONAGRA INC. 1 CONAGRA DRIVE CC362 TONY AND JULIE ANN DURAN OMAHA NE 68102-5001 9904 WELD COUNTY ROAD 22 FORT LUPTON CO 80621 BRYAN AND DAWN BERNHARD 8798 WELD COUNTY ROAD 21 HELEN M. PARKER TRUST FORT LUPTON CO 80621 % ROBIN PARKER 10 CEDAR STREET JESSE AND MARY JANE GRANER NORWOOD MA 02062 3377 CALIFORNIA AVENUE SIGNAL HILL CA 90807-4605 CERTIFICATE OF MAILING -ARTHUR, BRADLEY, AND ROBERT BEIERLE, AND SAMUEL CARLSON, % FORREST LEAF PAGE 2 EARL HOOD KN GAS GATHERING INC 10600 WELD COUNTY ROAD 22 637 NORTH 7TH STREET FORT LUPTON CO 80621 BRIGHTON CO 80601 JOHN TANKERSELEY CHRISTENE CARY 10774 WELD COUNTY ROAD 22 9639 WELD COUNTY ROAD 23 FORT LUPTON CO 80621 FORT LUPTON CO 80621 DANIEL CAMPBELL GARY AND LINDA GARDNER 10810 WELD COUNTY ROAD 22 10103 WELD COUNTY ROAD 22 FORT LUPTON CO 80621 FORT LUPTON CO 80621 GARY AND DELORES LANNING FRED AND CONSTANCE HAMILTON 9801 WELD COUNTY ROAD 23 10367 WELD COUNTY ROAD 22 FORT LUPTON CO 80621 FORT LUPTON CO 80621 JEFFREY AND ANITA MOORE CHARLES AND MARIAN BAUM 10000 WELD COUNTY ROAD 22 8519 WELD COUNTY ROAD 21 FORT LUPTON CO 80621 FORT LUPTON CO 80621 DANIEL AND BARBARA VON FELDT WALLACE BRUCE JOHN AND LINDA 10933 WELD COUNTY ROAD 22 FITZGERALD FORT LUPTON CO 80621 8653 WELD COUNTY ROAD 21 FORT LUPTON CO 80621 GEORGE GAUL ETAL 10484 WELD COUNTY ROAD 22 CARL AND JULIA DEEPE FORT LUPTON CO 80621 ROUTE 1 BOX 65 ROCK KS 67131 CHESTER DAVID AND NIKI ROZEAN 10700 WELD COUNTY ROAD 22 KATHRYN AND GARY POPE FORT LUPTON CO 80621 9057 WELD COUNTY ROAD 18 FORT LUPTON CO 80621 DAVID AND SHANNON MOUDY 10800 COUNTY ROAD 22 JAMES AND CHARLENE THOMPSON FORT LUPTON CO 80621-9314 8582 WELD COUNTY ROAD 21 FORT LUPTON CO 80621 MARGARET AND WILLIAM KOBOBEL 7909 WELD COUNTY ROAD 5 RICHARD AND CAROLYN LONGMONT CO 80504 MCCARTHY 8588 WELD COUNTY ROAD 21 FORT LUPTON CO 80621 CERTIFICATE OF MAILING -ARTHUR, BRADLEY, AND ROBERT BEIERLE, AND SAMUEL CARLSON, % FORREST LEAF PAGE 3 STREAR FARMS CO LEO AND SOLEDAN ROSIE VARGAS 6825 TENNESSEE AVENUE 11327 WELD COUNTY ROAD BUILDING 1 #235 FORT LUPTON CO 80621 DENVER CO 80224 ROBERT AND MARY ANN KERR THOMAS AND VICTORIA HARRIS 11104 WELD COUNTY ROAD 20 8575 WELD COUNTY ROAD 21 FORT LUPTON CO 80621 FORT LUPTON CO 80621 TIM MORGAN JOSEPH AND ELIZABETH KRUEGER FORT LUPTON BOAT CLUB 8657 WELD COUNTY ROAD 21 900 HOOVER AVENUE FORT LUPTON CO 80621 FORT LUPTON CO 80621 HOWARD AND SUSAN FRANCIS MINDEE DUERKSEN 9057 WELD COUNTY ROAD 18 9535 WELD COUNTY ROAD 23 FORT LUPTON CO 80621 FORT LUPTON CO 80621 JACQUELINE HILL RICK SEWING 8596 WELD COUNTY ROAD 21 10756 WELD COUNTY ROAD 20 FORT LUPTON CO 80621 FORT LUPTON CO 80621 CALVIN AND PATRICIA HALL MARYANN ABLES 8540 WELD COUNTY ROAD 21 8711 WELD COUNTY ROAD 23 FORT LUPTON CO 80621 FORT LUPTON CO 80621 J FRANK AND MARIAN HOBBS 8590 WELD COUNTY ROAD 21 FORT LUPTON CO 80621 DAVID SULLIVAN , 9 8359 WELD COUNTY ROAD 23 g: 6. _!yi/we FORT LUPTON CO 80621 Deputy Clerk to the Board WILLIS AND LINDA PIPER 11230 WELD COUNTY ROAD 20 FORT LUPTON CO 80621 RENE SALINAS 11467 WELD COUNTY ROAD 18 FORT LUPTON CO 80621 NOTICE OF PUBLIC HEARING The Weld County Board of Health will hold a public hearing on Tuesday, March 23, 1999,at 9:00 a.m. for the purpose of considering a Domestic Septic Sludge Permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Arthur Beierle, Bradley Beierle, and Samuel Carlson PERMIT NUMBER: SS-990001 LEGAL DESCRIPTION: S2, SW4 Section 14, Township 2 North, Range 67 West TYPE AND INTENSITY OF PROPOSED USE: Application of Domestic Septic Sludge for Beneficial Use LOCATION: North of WCR 20 approximately .5 mile West of WCR 23 SIZE: 72.5 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Health Department, Environmental Protection Services, 1517 16th Avenue Court, Greeley, Colorado 80631, before the above date or presented at the public hearing. Copies of the application are available for the public inspection in the Environmental Protection Services Division of the Weld County Health Department located at 1517 16th Avenue Court, Greeley, Colorado 80631 - Phone (970) 353-0635. Ben Slater, Chair Weld County Board of Health To be published in the Platteville Herald To be published one (1) time by March 13, 1999 Received by: Date: K\EN V PRO\CINDY\P U B99-1 ART Affidavit of Publication STATE OF COLORADOtip-L'''Jd t County of Weld SS. I A.Winkler Riesel of said County of Adams being duly MAR 117 f3 27 sworn,say that I am publishes of FORT LUPTONXRESS W.. . I �� r'Tc ,. that the same is a weekly newspaper of general circulation NO11GF qF PUBLIC NEAR printed and published in the town of The Weld County Board of FORT LUPTON Health will hold a public in said county and state that the notice of advertisement,of hearing on Tuesday,March which the annexed is a true copy has been published in 23,1999,at 9:00 a.m.for the said weekly newspaper for purpose of considering a Domestic Septic Sludge ONE Permit for the popertY. consecutive weeks: that the notice was described below. Approval published in the regular and entire issue of every number o1 the request may create a of said newspaper during the period and time of vestedpropetyrightpursuant publication of said notice and in the newspaper proper and to Colorado Low. not in a supplement thereof: that the first publication of said notice was contained in the issue of said newspaper APPLICANT: Arthur Salado, bearing the date of Bradley Belere,and Samuel MARCH 13, A.D. 1999 end the last canon publication thereof,in the issue of said newspaper,bearing PERMIT NUMBER: SS-pg00p1 date, LEGAL DESCRIPTION: 52. the jaw_ day of MARCH 1999,that �boe14,Township �2 she aid TYPE AND INTENSITY OF FORT I.UPTON PRESS PROPOSED USE:Appflcaeon has been published continuously and uninterruptedly of Domestic Septic Sludge during the period of at least fifty-two consecutive weeks Ias Beneficial Use next prior to the first issue thereof containing said notice LOCARON: North of WCie or advertisement above referred to: and that said newspaper was at the time of each of the publications of 20 approximately .5 mile -- said notice duly qualified for that purpose within the West of WCR 23 meaning of an act entitled. "An Act Concerning Legal Notices,Advertisements and Publications and the pees of SIZE:72.5 acres,moratoria, Printers and Publishers thereof,and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act" The public heating wfll be approved April 7, 1921, and all amendments thereof, and held In the Weld County particularly as amended by an act approved, March 30, Commisslonera' Hearing and an act apto y 13, I. a Rouen, HOW. Weld oo Centennial Center 915 Tenth Street, Greeley.- Colorodo. Comments or °Medians related to the above request should be Publisher submitted in writing to the Weld County Health Deportment,Environmental Subscribed and swum to before me this 13th day of Protection Services, 1517. MARC II A D. 1999 16thAvenueCourt,Greelev, Colorado 80631,before the t h public /I 1 the pubic heaMg. Q /��lT l Copies of the oppllcotion Notary b Ic are available foe Me public inspection In the P.O.BOX 125 Environmental Protection Services Division of the Weld County Health Department located at 151716th Avenue Court, Greeley, Colorado FT. LUPTON. CO 80621 e0631-Phone(970)353-0635. Ben Slater.Chak Weld County Board of Health �...-..a.�s.,,,,` spill' P�e�i 3 Published Nith.Fort Lupton Pre.March 13.1999. f i 'C 11 JAMIE f Ie 11c • YBARRA jot kfl 3`k •OF`Gay)- My Commission Expires . .. - December 27,2001 Hello