HomeMy WebLinkAbout20112300.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING USE BY SPECIAL
REVIEW PERMIT#1059 AND CERTIFICATE OF DESIGNATION FOR A COMPOSTING
FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT- LAMBLAND, INC., DBA A-1
ORGANICS
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 April 27,2011, a Show Cause Hearing was conducted to consider revocation
of Use by Special Review Permit#1059 and the Certificate of Designation for a Composting Facility
in the A (Agricultural) Zone District, issued to Lambland, Inc., dba A-1 Organics, 7031 State
Highway 66, Platteville, Colorado, and
WHEREAS, Lambland, Inc., dba A-1 Organics, is the current lessee/operator of the facility
located on property being further described as follows:
Part of the W1/2 SW1/4 of Section 20, Township 3
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing of April 27, 2011,the Board deemed it advisable to continue the
matter until May 18, 2011, at 10:00 a.m., subject to the following conditions:
1) No other waste shall be brought into the facility.
2) A-1 shall meet with the neighbors and find a solution to mitigate the damage
they have already caused.
3) A-1 shall agree to vacate the USR upon closure of the facility.
4) A-1 shall work with the County Departments of Planning Services and Public
Health and Environment, as well as the Colorado Department of Public
Health and Environment, to work out key dates in regard to the closure.
5) There will no grinding or movement of the static pile without the approval
from the County Department of Public Health and Environment for a test, and
to the best extent possible, keep the plastic debris from being liberated from
the site.
6) The composted overs piles shall be encased with tackifier instead of the
clean wood materials.
7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
crews, consisting of approximately four(4)to twelve(12)people,daily to pick
up debris from the neighbor's properties.
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SHOW CAUSE HEARING (USR#1059 /CD) - LAMBLAND, INC., DBA A-1 ORGANICS
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8) A-1 shall continue to work with the Department of Planning Services to
investigate additional options for mitigating the potential release of plastic
debris during the grinding of the static processed pile.
WHEREAS, at said hearing of May 18, 2011, after hearing all testimony presented and
accepting the "Updated Plan to Contain and Remove Plastics and Update on Continuing Closure
Activities," dated May 17, 2011, the Board deemed it advisable to continue the matter until
August 22, 2011, at 10:00 a.m., subject to the following conditions, which also incorporate the
recommendations from the staff Memorandum, dated May 18, 2011, a copy of which is attached
hereto and incorporated herein:
1) No other waste shall be brought into the facility.
2) A-1 shall meet with the neighbors and find a solution to mitigate the damage
they have already caused.
3) A-1 shall submit a letter requesting formal vacation of the USR and CD upon
closure of the facility, no later than August 22, 2011. (Merged with Staff
Memo #5 and modified date per Board instruction.)
4) A-1 shall work with the County Departments of Planning Services and Public
Health and Environment, as well as the Colorado Department of Public
Health and Environment, to work out key dates in regard to the closure. No
re-grading,filling, etcetera, shall occur on the site until the closure has been
reviewed and accepted by the Weld County and Colorado Departments of
Public Health and Environment. (Merged with Staff Memo#6)
5) There will no grinding or movement of the static pile without the approval
from the Weld County Department of Public Health and Environment for a
test, and to the best extent possible, keep the plastic debris from being
liberated from the site.
6) The composted overs piles and collected surface layer pile (described on
page 8 of the Updated Plan) shall be encased with tackifier instead of the
clean wood materials to prevent plastics from being liberated. (Merged with
Staff Memo #2)
7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
crews, consisting of approximately four(4)to twelve(12)people, daily to pick
up debris from the neighbor's properties.
8) A-1 shall continue to work with the Department of Planning Services to
investigate additional options for mitigating the potential release of plastic
debris during the grinding of the static processed pile.
2011-2300
PL1006
SHOW CAUSE HEARING (USR#1059/CD) - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 3
9) A-1 shall demonstrate the effectiveness of the litter control fence, described
on page 4 of the Updated Plan, to County staff no later than May 25, 2011,
assuming weather cooperates. (From Staff Memo#1.)
10) The "composted overs pile", which shall be transferred to the Rattler Ridge
facility, shall be processed with similar controls(including litter control fence)
as described in the Updated Plan. (From Staff Memo #4.)
11) The facility shall minimize dust during all operations. In no case shall dust be
allowed to migrate from the facility. (From Staff Memo #3.)
12) The Departments of Planning Services and Public Health and Environment
will monitor progress of the operation and may bring the case back before
the Board of Commissioners should any violation be observed, or should A-1
deviate from the Updated Plan. (From Memo#7.)
WHEREAS, at said hearing of August 22, 2011, after hearing all testimony presented, the
Board deemed it advisable to continue the matter to October 31, 2011, at 10:00 a.m., to allow
adequate time to complete removal of materials and return the site to original grade, reclaim the site
in accordance with the Closure Plan, while ensuring that Financial Assurance remains in place
throughout the closure process, and then close the facility on October 31, 2011.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning Use by Special Review Permit#1059
and the Certificate of Designation issued to Lambland, Inc., dba A-1 Organics be, and hereby are,
continued to October 31, 2011, at 10:00 a.m., subject to the Conditions listed above.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA
DO
ATTEST:f 11LC,
Barbara Kirkmeyer, r.hair
Weld County Clerk to the Board
E Sean P. C wa , Pro-Tem
BY: n ,c�r
Deputy C rk to the Boa '
42, i F. Garci
AP D F RM: f
®t./ David E. Lo
oun ttorney .
Dougla ademach
Date of signature: -/
2011-2300
PL1006
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