HomeMy WebLinkAbout20111278 HEARING CERTIFICATION
DOCKET NO. 2011-33A
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
A public hearing was conducted on May 18, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department and Health Department representative, Trevor Jiricek
The following business was transacted:
I hereby certify that pursuant to a notice dated April 15, 2011, and duly published April 20, 2011,
in the Fort Lupton Press, a public hearing was on May 18, 2011, to consider whether good
cause exists 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. Bruce Barker, County Attorney, made this a matter of
record.
Kim Ogle, Department of Planning Services, briefly described the location of the site, and stated
the Board of County Commissioners held a Probable Cause hearing for A-1 Organics on
April 13, 2011, and the first Show Cause hearing was held on April 27, 2011, which resulted in a
three-week extension to address outstanding issues, and was subject to eight (8) conditions.
Mr. Ogle referred to an Update to the Proposed Plan from A-1, dated May 17, 2011, marked
Exhibit F, and a memo from Trevor Jiricek, Departments of Planning Services and Public Health
and Environment, dated May 18, 2011, marked Exhibit E.
In response to Chair Kirkmeyer, Mr. Jiricek stated his memo was emailed to the Board earlier
this morning, prior to the meeting, and A-1 has received a copy of the memo, as well. Chair
Kirkmeyer noted the conditions included in the memo, from staff, are different than the eight (8)
conditions listed in the Draft Resolution. In response to Chair Kirkmeyer, Mr. Jiricek, stated the
applicant is going to address the conditions listed in the Draft Resolution, one of which was to
develop a revised report which is included with staff's recommendation. Chair Kirkmeyer
acknowledged that Condition #8 in staff's memo is different than Condition #8 in the Draft
Resolution and she indicated that Condition #8, in staff's memo, states, "The Show Cause
hearing will be dismissed and the Use by Special Review (USR) and Certificate of Designation
(CD) will be vacated at the August 22, 2011, hearing." In response to Chair Kirkmeyer, Mr.
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Jiricek stated his memo was not intended to mirror the Resolution and he added staff has
recommended a continuance of this hearing until August 22, 2011, to allow for the
implementation of the plan A-1 will be proposing today. Bruce Barker, County Attorney,
suggested the Resolution include the request for the applicant to vacate the USR and the CD.
Mr. Jiricek stated the additional time will allow for full closure of the facility, including vacation of
the USR and CD, and involvement from the Colorado Department of Public Health and
Environment (CDPHE).
In response to Commissioner Long, Mr. Jiricek stated A-1's updated plan includes revised
control measures and the continuation request will still give staff the ability to bring this case
before the Board, with a ten (10) day notice, if there are any violations at the facility. In
response to Chair Kirkmeyer, Mr. Jiricek stated A-1 has requested the date for the closure of the
facility be postponed to August 22, 2011, and Mr. Barker recommended the new closure date be
included in the Resolution.
Paul Seby, Attorney representing the applicant, stated A-1 has initiated discussion with CDPHE,
in conjunction with Mr. Jiricek, and have aligned the Compliance Advisory from the State
regarding the issues discussed at the previous Show Cause hearing. Mr. Seby added that A-1
has invested in additional control measures, conducted the tests, and selected a control
measure to avoid the generation of plastic debris from the composting operation. He stated the
continuance will allow A-1 additional time to work through the outstanding issues and move
towards closure of the facility.
Then, Mr. Seby distributed a Briefing from A-1, dated May 18, 2011, marked Exhibit G, which
provides a status update to each of the conditions included in the Resolution from the previous
Show Cause hearing, along with update to the proposed plan, dated May 17, 2011. He stated
that A-1 has reviewed the memo from staff, dated May 18, 2011, with eight (8) additional
conditions, and has accepted and agreed to abide by them.
Chair Kirkmeyer stated Condition #3 of the Resolution acknowledges the vacation of the USR,
upon closure of the facility, but not the CD. Mr. Jiricek stated Condition #5 of his memo requires
that A-1 submit a letter requesting formal vacation of the USR and CD. Mr. Barker indicated
that staff will be sure to notice each of those items separately, along with the new closure date
of August 22, 2011.
Mr. Seby stated A-1 is willing to vacate both the USR and CD on, or before, August 22, 2011.
In response to Commissioner Conway, Mr. Seby stated A-1 is comfortable with the terms and
conditions associated with the August 22, 2011, closure date. He indicated it has been
calculated that the closure will take approximately 70 days of work at the facility; however,
inclement weather may be an issue, and it has been discussed with Mr. Jiricek that the
August 22, 2011, closure date be flexible, and Mr. Jiricek concurred. Commissioner Conway
asked Mr. Jiricek if he was comfortable with the number of days A-1 has allowed for inclement
weather, with the given timeframe, and Mr. Jiricek stated to the best extent possible. Mr. Seby
clarified, for the record, that A-1 has estimated a number of days for inclement weather;
however, if there is anything unusual and beyond that allocation, he suggested the closure date
be flexible. Chair Kirkmeyer stated if A-1 anticipates they will be running into any problems with
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the August 22, 2011, closure date, they need to inform the County as soon as possible. Mr.
Jiricek added that staff will still continue to monitor the facility. The public hearing was opened
at 10:27 a.m.
Randy Sekich, surrounding property owner, stated A-1 has made a lot of improvements since
the previous hearing; however, the plastic still continues to scalier in his hay fields and he is
unable to sell it. In response to Commissioner Rademacher, Mr. Sekich stated A-1 has applied
the tackifier to the piles and it has worked; however, the plastic, that was there previously,
continues to scatter on the ground. He added that he has periodically seen trash pickers at the
site, not six (6) or seven (7) days a week, but it is nearly impossible to pick it all up. In response
to Commissioner Conway, Mr. Sekich clarified the plastic, that continues to be scattered,
existed previously, and the new plastic has been suppressed substantially.
Chair Kirkmeyer referred to Conditions #2, #7 and #8 of the Resolution, and stated those items
shall still continue. In response to Chair Kirkmeyer, Mr. Sekich stated the hay is
approximately 16 inches tall and the crews attempt to pick underneath it, but it is nearly
impossible to do so, and in an effort to avoid any damage to the crop, they tried to determine the
best way to do it; however, neither of the options will work right now. The public hearing was
closed at 10:31 a.m.
Mr. Seby emphasized A-1 will continue to meet with the neighbors, and there is a mechanism in
place to try and remove and mitigate the plastics, after controlling the sources of it (i.e. the
tackification of the piles). In response to Commissioner Rademacher, Chuck Wilson, applicant,
stated they are still deploying crews; however, last week it was impossible to pick trash, due to
the rain. Mr. Wilson added that the facility has made progress removing much of the plastic
debris, and he will meet with Mr. Sekich regarding his hay crop. In response to
Chair Kirkmeyer, Mr. Wilson stated he has reviewed, and agrees to abide by, the Conditions of
the Resolution, as proposed and modified, to reflect that A-1 shall agree to also vacate the CD
upon closure of the facility.
Commissioner Garcia moved to amend Condition #3 in the Draft Resolution to read as follows:
"A-1 shall agree to vacate the USR and CD upon closure of the facility." His motion also
included that any reference of the June 1, 2011, closure date and/or vacation of the USR, be
replaced with August 22, 2W 1. The motion was seconded by Commissioner Rademacher, and
it carried unanimously.
Then, Commissioner Rademacher moved 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 is, continued to August 22, 2011, and to extend the closure date of
the facility from June 1, 2011, to August 22, 2011. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. (Clerk's Note: The Resolution was
drafted to carry forward all prior conditions, as well as incorporate the staff recommendation,
dated May 18, 2011, marked Exhibit E.) Commissioners Rademacher and Conway
commended A-1 for reaching out to the Sekich and Salazar families and Commissioner Long
stated he hopes this was a learning experience, so this issue does not occur at any of the other
A-1 sites. There being no further discussion, the hearing was completed at 10:36 a.m.
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This Certification was approved on the 23rd day of May, 2011.
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