HomeMy WebLinkAbout20111279.tiff HEARING CERTIFICATION
DOCKET NO. 2011-33.B
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 August 22, 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, 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. At said hearing, the
Board deemed it advisable to continue the matter to August 22, 2011, at which time Bruce
Barker, County Attorney, made this a matter of record.
Troy Swain, Department of Public Health and Environment, stated the facility operator has
provided an update letter requesting an extension of the closure date and a continuation of this
matter to October 31, 2011, to allow additional time to remove the remaining material, return the
site to original grade, and reclaim the site in accordance with the Closure Plan, while
maintaining Financial Assurance. He stated the Departments of Public Health and Environment
and Planning Services are in support of this request. In response to Commissioner
Rademacher, Mr. Swain stated he inspected the site on August 17, 2011, and indicated the
observable litter has been picked up, and the only remaining conditions to be met are the
vacation of the USR and closure of the facility. He stated the extra time will allow the operator
to complete the remaining closure activities (i.e., reclaim, regrade, reseed, per the requirements
of the County and State Health Departments). He further stated staff also needs to review the
results of the Sampling Plan, and he believes the proposed continuance date will allow sufficient
time to complete all of the remaining items.
CC PL ' Au 2011-1279
�t PL1006
HEARING CERTIFICATION - LAMBLAND, INC., DBA A-1 ORGANICS (USR-1059 /CD)
PAGE 2
Paul Seby, Attorney, stated the reasons for the extension/continuance are further outlined in the
written materials, the facility operator is committed to completing the Closure Plan, and he
believes this is a reasonable time frame. In response to Commissioner Rademacher, Charles
Wilson, President of A-1 Organics, stated, in accordance with Condition #2, he did meet with
Randy Sekich on several occasions and purchased his first cutting of hay. He stated when he
spoke to Mr. Sekich last week, it seemed that the neighbor's property had been cleaned to his
satisfaction. Mr. Seby added the Closure Plan is administered by the Colorado Department of
Public Health and Environment, which has expressed support of the extension/continuance
request.
Pete Salazar, Jr., surrounding property owner, stated A-1 Organics has cleaned up the site and
his only remaining concern is whether there will be any soil contamination. He stated his family
has been farming in this area since 1958, and they intend to continue farming. Mr. Swain stated
the Soil Sampling Plan was approved, staff did provide some comments on the sampling
method, samples have been taken and submitted to the lab, and they are awaiting the results.
Mr. Swain explained the Salazar family owns the subject property; therefore, once the closure is
complete, staff will provide Mr. Salazar with a copy of the records pertaining to the A-1
operation. He further stated, if the soil samples come back good, then the site may be released
for closure. In response to Chair Kirkmeyer, Mr. Swain stated a Closure Plan is in place, which
was approved in accordance with State standards, and the financial assurance is also in place.
There being no further comments, Chair Kirkmeyer closed public testimony.
Mr. Wilson stated once he received approval from the State for the Soil Sampling Plan, they
conducted the necessary testing and are awaiting the results.
Commissioner Garcia moved to continue the Show Cause Hearing, concerning Use by Special
Review Permit #1059 and the Certificate of Designation issued to Lambland, Inc., dba A-1
Organics, to October 31, 2011, at 10:00 a.m., and to extend the closure date of the facility from
August 22, 2011 to October 31, 2011. The motion was seconded by Commissioner Conway,
who also thanked the operator for his continued diligence in correcting the situation. In
response to Mr. Barker, the Board confirmed the continuance is still subject to the conditions as
previously listed in the Resolution. There being no further comment, the motion carried
unanimously and the hearing was completed at 11:13 a.m.
2011-1278
PL1006
HEARING CERTIFICATION - LAMBLAND, INC., DBA A-1 ORGANICS (USR-1059 / CD)
PAGE 3
This Certification was approved on the 24th day of August, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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% Barbara KirkmeygQhair
Weld County Clerk to the Board c--
Sean n ro-Tem 7
BY: ShiA �A��ti
Deputy C,I rk to the Boar E
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i F. Garcia
David E. Lon
® I EXCUSED DATE OF APPR AL
Douglas Rademacher
2011-1278
PL1006
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