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Home My WebLink About20112301.tiff HEARING CERTIFICATION DOCKET NO. 2011-33.C 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 October 31, 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, Esther Gesick County Attorney, Bruce Barker Planner Services representative, Kim Ogle Health Department representative, Troy Swain 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 held on April 27, 2011, and then continued to May 18, 2011, and then to August 22, 2011, to consider whether good cause exists to consider revocation of Use by Special Review (USR) Permit #1059 and the Certificate of Designation (CD) for a Composting Facility in the A (Agricultural) Zone District, issued to Lambland, Inc., dba A-1 Organics. At said hearing, the Board deemed it advisable to continue the matter to October 31, 2011, at which time Bruce Barker, County Attorney, made this a matter of record. Troy Swain, Department of Public Health and Environment, stated this matter was previously continued to ensure the site was cleared, while leaving the financial assurance in place until final closure. He reported the site is almost entirely reclaimed and staff recommends an additional continuance until the State releases the financial assurance mechanism and approves the final clean closure of the facility. In response to Chair Kirkmeyer, Mr. Barker stated the operator is committed to submit a variety of items on, or before, November 30, 2011. Based on the photographic evidence, Chair Kirkmeyer suggested the Show Cause Hearing be dismissed, with instruction to staff to continue working with the operator to ensure the closure is finalized. Mr. Barker stated upon final closure the operator also needs to request the vacation of the USR and CD; however, it is his understanding that proper notice must be made prior to vacating a CD. Bob Yost, A-1 Organics, stated the closure activities are complete and they submitted all of the necessary documents to the State as of October 27, 2011, and they have until November 30, 2011, to post the Closure Summary Report for state review. Responding to Chair Kirkmeyer, Mr. Yost confirmed the facility is closed. In response to Commissioner Rademacher, Mr. Barker NL 2011-2301 1a 13- II PL1006 HEARING CERTIFICATION - LAMBLAND, INC., DBA A-1 ORGANICS (USR-1059 /CD) PAGE 2 agreed the property owner could be afforded the opportunity to retain the USR. Mr. Jiricek stated the USR is not valid without the CD, and any change would require an amendment. Mr. Swain stated once the State controls are removed, the applicant would have to show the new design meets the regulations which are specific to a CD. In response to Commissioner Conway, Mr. Yost indicated he would prefer to have the Show Cause dismissed, rather than a continuance. Pete Salazar, property owner, stated the site is clean and he is waiting to see that the reseeding is successful. He stated he has no interest in maintaining the USR and expressed concern with assuming responsibility for any contaminants in the soil. Chair Kirkmeyer requested the property owner be notified of any changes as the process continues. In response to Commissioners Rademacher and Conway, Mr. Salazar reviewed the soil test results for the record and indicated he had no concern with dismissing the Show Cause. Commissioner Conway moved to dismiss the Show Cause Hearing concerning Use by Special Review Permit #1059 and the Certificate of Designation issued to Lambland, Inc., dba A-1 Organics. The motion was seconded by Commissioner Rademacher. Commissioner Conway commended the facility operator for working to correct the situation and reclaim the site to the condition as demonstrated in the photographs. Commissioner Rademacher concurred; however, he expressed concern with the high nitrate level burning the reseeding efforts. Chair Kirkmeyer agreed and directed staff and the site operator to continue working to complete the necessary requirements. There being no further testimony, the motion carried unanimously and the hearing was completed at 10:25 a.m. This Certification was approved on the 2nd day of November, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j � 17-1(A, c ;-,L 1tia/c 'y Barbara Kirkmeyer, Chair Weld County Clerk to the Board EXCUSED DATE OF APPROVAL Sean P. CPro Tem BY: ��n-,Q, DeputyClerk to the Boar.0A 40,N.,� EL St Wi i F. Garcia , I Is1 UA � L. David E. Long Y ikstr-®uNot / Dougl%s Rademach r 2011-2301 PL1006 EXHIBIT INVENTORY CONTROL SHEET SHOW CAUSE RE: CASE USR #1059 AND CERTIFICATE OF DESIGNATION - LAMBLAND, INC., DBA A-1 ORGANICS Exhibit Submitted By Description A. Paul Seby, Attorney PowerPoint Presentation B. A-1 Organics Proposed Plan, dated April 26, 2011 A-1 Organics Follow-Up Investigation, dated C. Laurie Exby April 22, 2011 D. Paul Seby, Attorney Email, dated May 3, 2011 E. Trevor Jiricek Memo, dated May 18, 2011 Update to the Proposed Plan to Contain and Remove Plastics and Update on Continuing Closure Activities at F. A-1 Organics Platteville Facility, dated May 17, 2011 Briefing to the BOCC on Progress at Platteville Facility, G. A-1 Organics dated May 18, 2011 Supplemental Closure Plan, Order and Fly Control Info, H. Troy Swain, Health Staff dated 3/24/95 I. A-1 Organics Final Update - Closure Activities, dated 10/28/2011 J. K. L. M. N. O. P. Q. R. S. T. U. 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