Public Info about the Tire Flood Incident

8/13/2012 -- UPDATED DOCUMENTS/MINUTES/ARTICLES ARE POSTED ON MY WEB SITE:  WWW.LYNNPADGETTFOROURAYCOUNTY.ORG/TIRES.HTML

The Public Hearing Scheduled for tomorrow has been cancelled.  Here is the revised agenda for the tire matter:  1:30pm (4H Event Center) -- The Public Hearings that were scheduled have been cancelled as adjudicatory hearings, and the BOCC will consider a proposed settlement agreement to resolve the county’s claims under the Rubbish Ordinance and the Solid Wastes Disposal Sites and Facilities Act. Public comment may
be taken, but will be limited to discussion of the proposed settlement agreement. Action may be taken by the Board on this item.
Public Hearing – Notice and Order to Show Cause concerning Removal of Rubbish: (This hearing was continued from July 24, 2012 to August 14, 2012.) Cancelled
Public Hearing – Notice of Violation pursuant to C.R.S. § 30-20-100 et, seq., the Solid Wastes Disposal Sites and Facilities Act: Cancelled


Disclaimer -- I have tried to include everything I know of in the public record. However, due to numerous correspondence between different attorneys and the volume of information, it is possible something may have been inadvertently missed.

Web Sites:

• State of Colorado Regulations web site: http://www.cdphe.state.co.us/hm/wastetires/index.htm

• Army Corps of Engineers web site: http://www.spk.usace.army.mil/Missions/Regulatory.aspx

• Ouray County web site: http://www.ouraycountyco.gov

Photos from August 5, 2011 Ouray County Plaindealer, used with permission.

Photo from September 22, 2011 Ouray County Plaindealer, used with permission. Original source: CDPHE.

Newspaper Articles:

2011

• Aug 5, 2011: Tire junk in the Unc, by Jessi Marlatt (Ouray County Plaindealer) -- "Tires that washed down the Uncompahgre River in a July 26 flash flood on July 26 came from an illegal dump on private property in Ouray County."

 

• Aug 12, 2011: Tires teetering on the edge, by Jessi Marlatt (Ouray County Plaindealer)-- "According to Joe Lewandowski with the Department of Wildlife, there are 'hundreds of tires in the Billy Creek State Wildlife Reserve. Eventually we will want to clean the tires up off the state land portion.'"

 

• Aug 14, 2011: Flood of Tires Came From Illegal Private Dump, by Peter Shelton (Watch Newspapers) -- "Tires that washed down the Uncompahgre River in a July 26 flash flood on July 26 came from an illegal dump on private property in Ouray County."

 

• Aug 19, 2011: The heat is on and Gunn is on the hook for tire flood, by Jessi Marlatt (Ouray County Plaindealer) -- "State Health Department and local authorities inspect property and find acres of buried tires."

 

• Aug 21, 2011: The Life Cycle of a Waste Tire, by Peter Shelton (Watch Newspapers) -- "The investigation into Ouray County’s 'tire flood' continues."

 

• Aug 25, 2011: Ouray County Hears From State Health Department on Tire Investigation, by Peter Shelton (Watch Newspapers) -- "The department may be ready next week to issue its preliminary finding on last month’s 'tire flood.'"

 

• Aug 26, 2011: BOCC updated on Cow Creek tires by CDPHE, by Jessi Marlatt (Ouray County Plaindealer) -- "A full investigation is underway by the Department of Solid Waste Materials. So far, they have found Gunn does not have a certificate of use for a landfill; Keith Maynes, owner of Maynes Tire in Montrose is not a permitted tire hauler; roughly 1,000 tires are in the river; and, fees were charged for their disposal."

 

• Sep 2, 2011: Fraud, criminal aspects of tire flood called into question, by Samantha Wright (Ouray County Plaindealer) -- "I hope the Sheriff's Department does work with law enforcement people in Montrose County to prosecute the people who were actually transporting tires to the site. It raises questions about what consumers are paying disposal fees for when the tires have ended up in a landfill here in Ouray County."

 

• Sep 22, 2011: State requests cleanup, by Jessi Marlatt(Ouray County Plaindealer) -- "Gunn and Maynes told authorities from the Colorado Department of Public Health and the Environment and the Ouray County Sheriff's Department during a site inspection on Aug. 12 that Maynes (owner of Maynes Tire in Montrose) has been supplying Gunn with tires for erosion mitigation at his property for roughly 15 year. They estimated roughly 4,000 tires remain on the property."

 

• Oct 6, 2011: Tire junk still in Unc, by Jessi Marlatt(Ouray County Plaindealer) -- "'We have a problem with the language in the CDPHE [Compliance] report; it seems like a request rather than an order. Our question today is whether or not we, as the county, should issue our own order," said Heidi Albritton, BOCC chair."

 

• Oct 20, 2011: Army investigates Unc tires, by Jessi Marlatt(Ouray County Plaindealer) -- "According to the letter from the DA: 'Section 404 of the Clean Water Act requires a DA permit to be obtained prior to the discharge of dredged or fill material into waters of the United States, including wetlands. Since a DA permit has not been issued authorizing this discharge, the work appears to be in violation of the Clean Water Act."

 

• Oct 27, 2011: OURAY COUNTY BRIEFS [discussion of Waste Tires], by Peter Shelton (Watch Newspapers) -- "High Water, Bureaucracy Delay Tire Cleanup: Many of the tires in the Uncompahgre River have been removed, but cleanup of the source, an illegal dump on private property, remains unresolved."

 

• Oct 27, 2011: Cleanup of buried tires in question, by Jessi Marlatt (Ouray County Plaindealer) -- "The Ouray Board of County Commissioners met Oct. 25 to allow members of the pubic to speak about the impact they have directly experienced due to the tires that washed into the Uncompahgre River in late July and to determine if the parties involved had cleaned up the tires as ordered by the BOCC."

 

• Nov 17, 2011: 19 down 100 to go, by Jessi Marlatt(Ouray County Plaindealer) -- "Volunteers organized by the Uncompahgre Watershed Project pulled tires from the river near the Billy Creek Bridge on Tuesday, Nov. 15." on state land.

 

• Nov 24, 2011: Volunteers trudge through muck for tires, by Jessi Marlatt(Ouray County Plaindealer) -- "Volunteer efforts removed 48 tires from Cow Creek on Friday." " The DPW manages another parcel of land owned by the state on Burro Creek. Dave Hale, DPW officer, believes there are another two or three hundred tires on that property."

 

• Dec 8, 2011: Damage done during Gunn tire removal, by Jessi Marlatt (Ouray County Plaindealer) -- "Gunn has been under investigation since over 1,000 tires from an unnamed drainage on his property in late July. Keith Maynes, of Maynes Tire in Montrose, has been hauling tires to the Gunn property since 1989 for 'erosion control'".

2012

• Jan 26, 2012: OURAY COUNTY BRIEFS [discussion of Waste Tires], by Peter Shelton (Watch Newspapers) -- "Two subjects that keep coming around like a bad penny, visual impacts and waste tires, highlighted last week’s meeting of the Ouray Board of County Commissioners."

 

• Jun 28, 2012: Resolution of Tire Cleanup Still on Hold, by Peter Shelton (Watch Newspapers) -- "Almost one year out, the Ouray BOCC heard about the still-pending negotiation over last summer’s 'tire flood.'"

 

• Jul 19, 2012: Opinion: Don't tred on us, Jerry, by Alan Todd (Ouray County Plaindealer) [pdf page 3]

 

• Jul 19, 2012: House ag committee chair weighs in on buried tires, by Beecher Threatt (Ouray County Plaindealer) -- "In the midst of the county's ongoing enforcement action against Gunn for an unlawful rubbish dump, a state representative from Sterling, in northeast Colorado, has termed the county's action as "hassling" Gunn, and District 58 representative Don Coram of Montrose told the Plaindealer, "I'm surprised that Ouray County has taken such a hard line."

 

• Jul 25, 2012: County Fights Back on Illegal Tire Dump, by Peter Shelton (Watch Newspapers) -- "Despite interference from State Ag Committee Chair Sonnenberg and Rep. Coram, Ouray County presses for solution to waste tire disposal problem."

 

• Jul 26, 2012: Opinion and Letter to the Plaindealer, (Ouray County Plaindealer) [pdf page 3]

   

• Jul 26, 2012: Tire History At A Glance, (Ouray County Plaindealer) [pdf page 2]

 

• Jul 26, 2012: BOCC tired of CDPHE stuck in low gear, by Jessi Marlatt & Beecher Threatt (Ouray County Plaindealer) -- BOCC directed the county attorney to initiate an administrative action to enforce the state Solid Waste Disposal Sites and Facilities Act. "BOCC takes action and tries to negotiate with Gunn."

 

• August 2, 2012: Albritton tenders resignation despite ongoing tire issue, by Beecher Threatt (Ouray County Plaindealer) -- BOCC directed the county attorney to initiate an administrative action to enforce the state Solid Waste Disposal Sites and Facilities Act. "BOCC takes action and tries to negotiate with Gunn."

 

• August 2, 2012: State rep weighs in on tires, Letter to the Plaindealer, by State Rep Jerry Sonnenberg, R. Sterling, Chair, House Agriculture and Natural Resources Committee (Ouray County Plaindealer)[pdf page 2]

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Ouray County Board of County Commissioners (BOCC) Meeting Minutes:

2011

• August 9, 2011 Minutes: Sheriff report to BOCC and concerned public at Call to the Public.

• August 23, 2011 Minutes: Discussion of tires and waterways.

• September 27, 2011 Minutes: Executive Session.

• October 4, 2011 Minutes: Discussion of a possible Notice and Order and letter regarding the tire issue.

• October 25, 2011 Minutes: Public Hearing on Notice and Order. Public Hearing is continued to 12/6/2011.

• November 1, 2011 Minutes: Executive Session.

• November 22, 2011 Minutes: Administrative request for copies of Sheriff's reports and Sheriff's position.

• December 6, 2011 Minutes: Public Hearing on Notice and Order. Public Hearing is continued to 1/24/2012.

• December 20, 2011 Minutes: Executive Session.

2012

• January 24, 2012 Minutes: Public Hearing on Notice and Order. Public Hearing is continued to 3/13/2012.

• February 7, 2012 Minutes: Executive Session.

• February 14, 2012 Minutes: Executive Session.

• February 21, 2012 Minutes: Executive Session.

• March 13, 2012 Minutes: Public Hearing on Notice and Order. Public Hearing is continued to 6/12/2012.

• May 8, 2012 Minutes: Motion to reschedule Public Hearing from 6/12/2012 to 6/26/2012 at request of Gunn counsel Amy Ondos.

• June 1, 2012 Minutes: Administrative discussion about a 6/11/2012 conference call between the County Administrator, County Attorney and CDPHE

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Reports & Correspondence:

July 26, 2011 -- TIRE INCIDENT HAPPENS -- 1,000 or more waste tires are washed down aver 14 miles of Burro Cr, Cow Cr, and Uncompahgre River waterways from source on an Ouray County private property.

2011

• August 12, 2011: CDPHE Hazardous Materials and Waste Management Division Solid Waste Inspection Report -- Report from site inspection with Gunn, Maynes, CDPHE and Ouray County Sheriff's Office

• September 16, 2011: CDPHE Compliance Advisory to Gunn

• September 16, 2011: CDPHE Compliance Advisory to Maynes

• October 5, 2011: BOCC Notice and Order -- of Rubbish Violation to Gunn

• October 12, 2011: U.S. Army Corps of Engineers ("ACOE") Notice of Violation ("NOV") Letter to Gunn -- Certified letter with determination of "unauthorized filling" of a drainage.

• October 14, 2011: County Reply Letter to ACOE regarding the 10/12/11 ACOE NOV Letter to Gunn --notifying ACOE of County NOV.

• November 1, 2011: Colorado Department of Public Health and Environment ("CDPHE") Letter to Gunn -- granting extensions to 9/16/2011 Compliance Advisory

• November 1, 2011: CDPHE Letter to Maynes -- granting extensions to 9/16/2011 Compliance Advisory

• November 1, 2011: CDPHE Letter to Gunn -- granting extensions to 9/16/2011 Compliance Advisory

• November 15, 2011: ACOE Letter to Gunn -- granting extensions to 9/16/2011 Compliance Advisory

• November 23, 2011: Ondos Letter to Ouray County -- request for public hearing extension to Jan. or Feb. 2012

• November 26, 2011: Gunn Agricultural Lease -- provided 11/26/2011

• November 30, 2011: Ouray County Sheriff position statement to BOCC

• November 30, 2011: Ouray County Sheriff office provides BOCC with Investigation Reports -- detailing investigative work dated 8/1/2011; 8/9/2011 & 8/12/2011

• December 21, 2011: Ondos Letter to ACOE -- requesting extension in meeting the ACOE Compliance Advisory

2012

• January 5, 2012: Ondos Letter to CDPHE -- From Gunn's attorney requesting extension in meeting the CDPHE Compliance Advisory

• January 5, 2012: Ondos Public Hearing Extension Request Letter -- From Gunn's attorney

• January 11, 2012: ACOE Letter to Gunn -- referencing December 15, 2011 inter-agency meeting in which all parties agreed that CDPHE would be the primary regulatory lead.

• January 16, 2012: Maynes Waste Tire Manifest Form -- shows 130 tires picked up by a registered tire hauler

• January 24, 2012: ACOE Letter to Maynes -- Denial of request for ACOE compliance extension

• January 24, 2012: ACOE Letter to Gunn -- Denial of request for ACOE compliance extension

• February 9, 2012: Ouray County Attorney letter to Colorado Attorney General's office -- asking for movement by CDPHE on issue

• February 21, 2012: Voogt Letter to BOCC -- giving status report

• March 12, 2012: Voogt Letter to CDPHE -- "Partial Report" regarding remedies of 9/16/2011 Compliance Advisory

• March 14, 2012: Agritech -- Letter Report about March site visit

• April 23, 2012: McDermid April 23, 2012 Stabilization Plan -- Gunn's engineer

• June 21, 2012: CDPHE Comments on Gunn's April 23, 2012 Stabilization Plan

• July 16, 2011: Addendum to April 23, 2012 Stabilization Plan with responses to CDPHE -- by McDermid

• July 18, 2012: New engineering"Proposal" to CDPHE -- by McDermid

• July 25, 2012: BOCC Letter to CDPHE -- regarding CDPHE and status of resolution

• July 25, 2012: BOCC Notice of Violation of State Solid Waste Disposal Act to Gunn

• August 3, 2012: Ouray County Administrator Response Letter to FOIA Request-- Ms. Jossi made a request on 7/23 -- "As a citizen of Ouray County, I  am formally making an open records request  as to the amount of money spent on the Butch Gunn matter including attorney fees and staff time.  Also the estimated time spent in commissioner meeting and public hearings dealing with the Gunn property issue. "

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Photos (click on any photo to see an enlargement):

July 26, 2011, Tires and debris photographed on the Uncompahgre River near Buckhorn Road (photos courtesy of RIGGS):

November 2011, UWP volunteers spend 50 hours on 2 days removing 48 tires from State land at Cow Creek (photos courtesy of UWP):