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WELD COUNTY, COLORADO
OFFICE OF THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COURT HOUSE
GREELEY, COLORADO
STATE OF COLORADO)
) ss.
COUNTY OF WELD )
IN THE MATTER OF COMPLAINT
IN RE:
PAUL E. McCLURE
ORDER TO SHOW CAUSE
AND
NOTICE OF HEARING
WHEREAS, it has been made to appear to the Board of County
Commissioners, Weld County, State of Colorado, as the County Licens-
ing Authority, that you have violated the law in that your waste disposal
site facility does not meet the minimum standards as set out by provi-
sions of the Solid Waste Disposal Sites and Facilities Act, 1967, Perma-
nent Cumulative Supplement to C. R. S. 1963, 36-23-10, in the following
respects:
1. Failure to properly cover waste material.
2. Failure to adequately fence the facility, thereby permitting
waste material and debris to escape therefrom; and
3. Other violations contrary to the provisions of Paragraphs
(b), (e), (1), and (g) of the hereinabove mentioned Act.
NOW, THEREFORE, you are hereby ordered to appear before the
Board of Weld County Commissioners in the Weld County Court House in
Greeley, Colorado, on the 1st day of December , A.D., 1969, at the
hour of 10;30 A. M. , or as soon after as you can be heard to show
cause why your said Certificate of Designation to operate a solid waste
disposal site should not be suspended or revoked as by law provided.
IT IS FURTHER ORDERED, that a copy of this Order and Notice
shall be mailed by certified mail, return receipt requested, or delivered
personally, to the above -named licensee.
Dated this 5th day of November, A.D. , 1969.
ATTEST:
CLERK OF T(FjE BOARD
APPItDXED AS BO FORM:
/
COUNTY ATTO z �'
BOARD OF COUNTY COMMISSIONERS
OF WET-fi) COUNTY, COLORADO
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PL0ll4
690186
PETITION
To The Honorable Board of County Commissioners
County of Weld
State of Colorado
The undersigned, owners of land in the North Half (N 1/2)
of Section Twenty-eight (28), Township Seven (7) North, Range
Sixty-five (65) West of the 6th P.M., Weld County, Colorado,
and being residents on said property, do hereby petition the
Honorable Board of County Commissioners to rescind, revoke and
hold for naught that certain action taken by resolution on April
9, 1969 whereby there was granted to Paul McClure Certificate No.
17 for a solid waste disposal facility or site in the Southeast
Quarter (SE 1/4) of Section Twenty-one (21), Township Seven (7)
North, Range Sixty-five (65) West of the 6th P.M., Weld County,
Colorado directly north of and across the road from the land of
petitioners.
As grounds for this petition seeking the revocation and
cancellation of said Certificate No. 17, petitioners would
respectfully show that:
1. Said permit in its entirety violates the zoning plan
heretofore adopted by the Board of County Commissioners of Weld
County, Colorado and now in full force and effect in that all of
said area is zoned as Zone A - Agricultural and that a solid
waste disposal facility, or dump, can only be located in Zone I -
Industrial.
2. The announced and stated plan of the permitee, Paul
McClure, as specified by his employee placed in charge of said
purported solid waste disposal facility was that the dump would
be covered not to exceed twice weekly. This is in violation of
Section 36-23-10(1)(e) CRS 1963 (1967 Suppl.) which requires a
daily covering with six inches of earth or similar inert material.
3. In granting the permit there was a failure to comply
with Section 36-23-4(1)(a) and (b) CRS 1963 (1967 Suppl.) in that
no public hearing was held nor was there any opportunity for the
Board of County Commissioners to consider "the effect that the
site or facility will have on the surrounding property, taking
into consideration the types of processing to be used, surrounding
property uses and values, and wind and climatic conditions." In
this regard, it should be pointed out that the prevailing winds
to blow smoke, odors, loose paper and loose ashes from the pur-
ported McClure dump will all blow toward and onto the premises
of petitioners, thereby depreciating the value of the property
of petitioners, making the maintenance, particularly of the
yard and dwelling house, more difficult, and reducing the en-
joyment of life which petitioners have heretofore had in their
country home.
Petitioners would further indicate that no reasonable
opportunity was given to petitioners to appear before the Board
of County Commissioners in opposition, since the application
for the waste disposal site was approved by the Weld County
Health Department on April 8, on the same date by the Planning
Commission (in violation of its own zoning regulations), and
the application was thereafter on April 9 immediately granted
by the County Commissioners.
WHEREFORE, petitioners respectfully pray that the Board
of County Commissioners cancel, rescind, revoke and hold for
naught the application heretofore granted on April 9, 1969.
Respectfully submitted:
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