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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,AND VACATE SAID USR-1059
AND CD- 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.
d 4) A-1 shall work with the County Departments of Planning Services and Public
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� Health and Environment, as well as the Colorado Department of Public
mai Health and Environment, to work out key dates in regard to the closure.
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an g 5) There will no grinding or movement of the static pile without the approval
no.? 2., 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
a the site.
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—00 6) The composted overs piles shall be encased with tackifier instead of the
clean wood materials.
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0 7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
EMMEN o crews, consisting of approximately four(4)to twelve(12)people,daily to pick
▪ x up debris from the neighbor's properties.
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2011-1006
Jar/'a-I/ PL1006
DISMISS SHOW CAUSE HEARING AND VACATE USR#1059 AND CERTIFICATE OF
DESIGNATION - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 2
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.
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3812319 12/15/2011 02:32P Weld County, CO 2011-1006
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1006
DISMISS SHOW CAUSE HEARING AND VACATE USR#1059 AND CERTIFICATE OF
DESIGNATION - 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.
WHEREAS, on October 31, 2011, after hearing all testimony presented to the Board at this
hearing and previous hearings, the Board finds that A-1 Organics accepted unapproved feedstocks
and operated with a resulting litter nuisance, but has since remedied such situations by ceasing to
accept unapproved feedstock, subsequent clean-up of the property and other adjacent and nearby
impacted property,voluntary closure, and conducting an environmental site assessment for closure
purposes, which will be reviewed by the Colorado Department of Public Health and Environment
and provided to the property owner, and
WHEREAS, Lambland, Inc., dba A-1 Organics, is requesting of the Board that the USR and
CD be vacated.
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the USR and CD be, and hereby are, vacated conditioned, however, upon
receipt by the Board of a clean closure approval and release of financial assurance by the Colorado
Department of Public Health and Environment and a determination by the Weld County Department
of Public Health and Environment that the site has been reclaimed in accordance with the Closure
Plan.
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3812319 12/15/2011 02:32P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2011-1006
PL1006
DISMISS SHOW CAUSE HEARING AND VACATE USR#1059 AND CERTIFICATE OF
DESIGNATION - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL DO
ATTEST:eje.,„_..„7-14.0. l� v `�L R. J� /--
/Barbara Kirkmeyer, air I
Weld County Clerk to the Board
r R can P. Co ay, Pro-Tem
BY: i91n,u, e#\ "4,,e)
Deputy Clerk to the Board ,a: 4
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1361 i = •• :1 a F. Garcia
APPROVED AS TO FORM: ` • c�
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. • U ,"•avid E. Lon
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County Attorney „ ;, ;r -r 9/7- -- J
DouglatRadad emachef
Date of signature: /a //2-//
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3812319 12/15/2011 02:32P Weld County, CO
4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
2011-1006
PL1006
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