HomeMy WebLinkAbout20041437.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING USE BY SPECIAL
REVIEW PERMIT #654 FOR A FERTILIZER STORAGE, MIXING, LOADING, AND
SALES OPERATION -PERMAGREEN PRODUCTS COMPANY, C/O ROXY VENDENA
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 November 18, 2002, a Show Cause Hearing was conducted to consider
revocation of Use by Special Review Permit#654 fora Fertilizer Storage, Mixing, Loading,and Sales
Operation,issued to Permagreen Products Company,5520 Harlan,Arvada, Colorado 80002,and
WHEREAS, Roxy Vendena is the current owner of the facility located on property being
further described as follows:
NE1/4 of Section 24, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing of November 18, 2002, the Board deemed it advisable to
continue said matter to February 3, 2003, to allow Permagreen Products Company, do Roxy
Vendena, adequate time to submit a Design and Operations Plan, as well as complete any
additional requirements of the Departments of Planning Services and Public Health and
Environment, and
WHEREAS,at said hearing on February 3,2003,the Board deemed it advisable to continue
said matter to April 7,2003,to allow the operator additional time to complete the requirements of the
Departments of Planning Services and Public Health and Environment,as well as the requirements
of the Colorado Department of Public Health and Environment, and
WHEREAS,at said hearing on April 7,2003,the Board deemed it advisable to continue said
matter to June 9, 2003, to allow the operator additional time to complete the requirements of the
Weld County Department of Public Health and Environment, as well as the requirements of the
Colorado Department of Public Health and Environment, and
WHEREAS,at said hearing on June 9,2003,the Board deemed it advisable to dismiss said
Show Cause Hearing at such time as, and upon the condition that the following items were
completed within 180 days, or the matter will be heard by the Board of County Commissioners on
November 19, 2003, at 10:00 a.m.:
A. The revised site-specific topographical survey will be submitted to both the
Weld County and Colorado Departments of Public Health and Environment
and, if required, any additional revisions will be completed.
B. Permeability results of the collections structures will be obtained and if
necessary, the structures will be appropriately constructed.
C. A final draft of the Design and Operations Plan will be submitted to both the
Weld County and Colorado Departments of Public Health and Environment.
2004-1437
PL0846
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SHOW CAUSE HEARING - USR #654 - PERMAGREEN PRODUCTS COMPANY, CIO ROXY
VENDENA
PAGE 2
D. The facility will submit a financial assurance plan to the Colorado
Department of Public Health and Environment for review and approval.
E. During the June 6, 2003, site inspection, it was observed that a stormwater
and leachate collection area was mistakenly located on Section A. A
retention structure will be designed within Section B and a berm or swell will
be constructed in accordance with the Storm Drainage Retention Plan,dated
September 24, 1991, and the Solid Waste Regulations, and
WHEREAS,on November 19, 2003,the Board deemed it advisable to continue the matter
for 180 days, until May 17, 2004, at 10:00 a.m., to allow additional time for Permagreen Products
Company,do Roxy Vendena,to review and make appropriate changes to the facility's Design and
Operations Plan, and complete the above listed conditions, and
WHEREAS,on May 17,2004,the Board again deemed it advisable to continue this matter
for 150 days, until October 13, 2004, at 10:00 a.m., to allow time for the Colorado Department of
Public Health and Environment, to approve the Design and Operations Plan.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning revocation of Special Review
Permit#654, issued to Permagreen Products Company, c/o Roxy Vendena, be, and hereby is,
continued to October 13, 2004, at 10:00 a.m.
BE IT FURTHER RESOLVED by the Board that staff is directed to dismiss this matter prior
to October 13, 2004, and to notify the Clerk to the Board of said dismissal by Memorandum, if
approval is received from the Colorado Department of Public Health and Environment for the Design
and Operation Plan.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of May, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
• fV�
j Robert D. asden, Chair
'iii t J _� Clerk to the Board
r William zerke, Pro-Tem
. uty Clerk to the Board ! /giaV
M. . eile
A DAST •
Davi Lon
unt Attorn y
G enn Va
Date of signature: -6-7-9V-i/
2004-1437
PL0846
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