HomeMy WebLinkAbout20083780COLORADO
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (97O) 304-6498
September 21, 2009
Mr. Peter Bosch, Registered Agent
Desperado Dairy
27629 County Road 47.5
Greeley, Colorado 80631
Subject: Compliance with Special Use Permit #177
Dear Mr. Bosch:
This letter is regarding your Special Use Permit (SUP -177) for a Dairy located in part of the NE4 of Section 13,
T5N, R65W of the 6th P.M., Weld County, CO Parcel number 0961-13-0-00-049
Notice is hereby given that the property listed above, is not in compliance with SUP -177 (Special Use Permit).
,All conditions of the original permit must be in compliance by October 9, 2009 or a Probable Cause public
hearing, pursuant Chapter 23, Article II (2), Division 4, Section 23-2-270 of the Weld County Code, will be
scheduled.
If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number
SUP -177, for compliance with the Development Standards and Conditions of Approval, as approved by the
Board of County Commissioners on October 16, 1972, to determine if probable cause exists to hold a hearing
on revocation of the permits.
The Department of Public Health and Environment has received information that there is an unpermitted
composting operation occurring on site and is. therefore in violation of the State of Colorado solid waste
regulations.
The Colorado Department of Public Health and Environment and the Weld County Department of Public
Health and Environment conducted a joint inspection on November 6, 2008 to determine the facility's
compliance status with respect to the Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Part I
as amended (the Act) and the Regulations Pertaining to Solid Wastes Sites and Facilities (6 CCR 1007-2, part
I; the Regulations) developed for the implementation of the Act. The information gathered during the
November 2008 inspection indicates that there may be a violation of Colorado's solid waste laws.
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If it is determined at the public hearing that there is probable cause that you are not in compliance with SUP -
177, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of
the Special Use Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an
appointment so that I may reserve a sufficient amount of time with you.
Sin rely,
Kim Ogle
Planning Services
Enclosure
CDPHE Letter of August 25, 2009
pc: T. Swain, Environmental Health
A. 5iron, Compliance
E. Gesick, CTB
M. Van Earden
File: SUP -177
Property research 13-5-65
STATE OF COLORADO
Bill Ritter, Jr., Governor
James B. Martin, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (303) 692-2000
TDD Line (303) 691-7700
Located in Glendale, Colorado
http://www.cdphe.state.co.us
August 25, 2009
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
CERTIFIED MAIL # 7007 0220 0001 0162 4765
Return Receipt Requested
Mr. Peter Bosch, Registered Agent
Desperado Dairy
27629 WCR 47
Greeley, CO 80631
Re: Compliance Advisory for Desperado Dairy
Weld County, Colorado
SW WLD DDA 1.6
Dear Mr. Bosch:
Colorado Department
of Public Health
and Environment
Weld County Planning Department
GREELEY OFFICE
SEP 16?nnq
RECEIVED
This Compliance Advisory provides notice related to information gained during an inspection conducted by the
Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division
(the "Department") on November 6, 2008. This inspection was conducted jointly with officials from Weld
County. The purpose of the inspection was to determine the facility's compliance status with respect to the Solid
Wastes Disposal Sites and Facilities Act," Title 30, Article 20, Part I as amended (the Act) and the Regulations
Pertaining to Solid Wastes Sites and Facilities (6 CCR 1007-2, Part 1; the Regulations) developed for the
implementation of the Act. The Department advises you that the information gained during the inspection
indicates that you may have violated Colorado's solid waste laws. Department personnel will review the facts
established and this notice may be revised to include additions or clarifications as a result of that review.
Please be aware that you are responsible for complying with the State solid waste regulations and that there are
civil penalties for failing to do so. The issuance of this Compliance Advisory does not limit or preclude the
Department from pursuing its enforcement options concerning this inspection including issuance of a Compliance
Order and/or seeking an assessment of civil penalties. Also, this Compliance Advisory does not constitute a bar
to enforcement action for conditions that are not addressed in this Compliance Advisory, or conditions found
during future file reviews or inspections of your property. The Department will. take into consideration your
response to the requested actions listed below for each cited deficiency in its consideration of enforcement
options.
Deficiency I. The site is a Class I composting facility regulated under Section 14 2.2 of the Regulations. It does
not qualify for the agricultural exemption because of the importation of drywall as a feedstock and other solid
waste such as grass and leaves. The site has not received a certificate of designation issued by the Weld County
Commissioners, which is required of Class I composting facilities. The site has stockpiled wood waste, but there
is no evidence of an ability to grind the wood to produce bulking material or to use it to generate compost.
1. flrr7rnQATA-4 nyS-
SOLID WASTE INSPECTION WORKSHEET
Agency: Colorado Department ofPublic Health and Environment
Hazardous Materials and Waste Management Division
Date: November 6, 2008 Time: 1:30-2:30P
Site: Desperado Dairy Owner: Mark and Trudy Van Earden
27629 WCR271/2,
Greeley, CO 80631
Phone No.: 970-352-9590
Inspectors: Roger Doak, CDPHE Inspection: Announced
Troy Swain, WCDPIIE
Facility Representative Onsite: Mark Van Earden
—Background—
Weld County had received a compliant that an alleged illegal composting operation was occur -ring at this
site. The purpose of the inspection was to ascertain whether the site is operating in compliance with the
Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (the Regulations). This
site is not a permitted Class I, II or Ill composting facility.
—Facility Inspection —
Pre -Inspection Conference: CDPHE inspector Roger Doak and Weld County inspector Troy Swain
arrived at the site at 1:30pm on November 6, 2008. This was an announced inspection; however, the
Van Earden's were not present upon the inspector? arrival. Mark Van Earden arrived on site
approximately 30 minutes after the inspectors' arrival. Mr. Van Earden indicated he had leased a portion
of the dairy to ABS Organics for a composting operation and he was not involved with the day to day
composting activities at the facility. No representatives for ABS Organics were present at the time of the
inspection. Phil Becker is the contact person for ABS Organics, 970-302-9027.
Inspection Observations: Mr. Van Earden accompanied the inspectors for the duration of the
inspection. Photographs were taken and are documented in the accompanying photographic log. The
following observations were made during the inspection:
a. A stockpile of drywall was located on the southeast portion of the composting area. Mr.
Doak estimated approximately 2,000-3,000 cubic yards of the drywall material was
present. Drywall is potentially asbestos containing material. It appeared that this
material was relatively free of other construction debris. See Photos i, 2, 3 and 4.
b. A large stockpile of green waste which included such materials as shrubs, tree branches,
tree stumps, grass and leaves was located on the cast portion of the composting site.
Miscellaneous construction debris was cominglcd with the green waste. This stockpile
area is roughly 300ft.x10oftxl Oft, See Photo 5.
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