HomeMy WebLinkAbout20041438.tiff HEARING CERTIFICATION
DOCKET NO. 2002-86E
RE: HEARING TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF USE
BY SPECIAL REVIEW PERMIT #654 FOR A FERTILIZER STORAGE, MIXING,
LOADING, AND SALES OPERATION - PERMAGREEN PRODUCTS COMPANY, C/O
ROXY VENDENA
A public hearing was conducted on May 17, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Bethany Salzman
Planning Department representative, Chris Gathman
Health Department representative, Cindi Etcheverry
The following business was transacted:
I hereby certify that pursuant to a notice dated November 1,2002,and duly published November6,
2002, in the Tri-Town Farmer and Miner, a Show Cause hearing was conducted on November 18,
2002, to consider vacation of Use by Special Review Permit #654 for Permagreen Products
Company for a Fertilizer Storage, Mixing, Loading, and Sales Operation. The Board deemed it
advisable to continue the matter to February 3,2003,to allow Permagreen Products Company,Go
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. At said hearing on February 3, 2003,the Board deemed it advisable to continue the
Show Cause Hearing to April 7, 2003, to allow the operator additional time to complete all the
necessary requirements as proposed by staff. At said hearing on April 7,2003,the Board deemed
it advisable to dismiss the matter upon the condition that five items be completed within 180 days,
or consider the matter on November 19,2003, in the event the conditions were not completed. On
November 19, 2003, upon the recommendation of Health staff, the Board deemed it advisable to
continue the matter to May 17, 2004,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. At said Hearing on May 17,2004, Bethany Salzman,
Department of Planning Services, stated this is a 19.5 acre site, zoned Agricultural. She updated
the Board on the progress of the site since the November 19, 2003 Resolution, and indicated the
property is currently in violation of Operation Standards#4 and#9, regarding a run-off containment
program. Ms. Salzman stated that, because of the age of the permit, the Design and Operations
Plan was not specified in the Use by Special Review process; however, the facility is still required
to meet Operation Standard #4, dealing with a run-off containment plan.
2004-1438
PL0846
HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY,
C/O ROXY VENDENA (USR #654)
PAGE 2
Tom Herring, AgProfessionals, Inc., stated he assumed this case one year ago, and within one
month a site survey was completed and submitted, and the Design and Operation Plan was
submitted on July 24th, based on the findings of the previous consultant. Mr. Herring stated Doug
Eichenberry,Colorado Department of Public Health and Environment,responded to the original ten
comments in October 2003, and returned 74 comments in response. Mr. Herring considered that
excessive, and contacted Roger Doak, Mr. Eichenberry's supervisor. A meeting was held in
November of 2003,with Roger Doak,Glen Mallory,and Mr. Herring, and only four issues remained
following that meeting. Mr. Herring stated those four written comments were received February 9,
2004; however,they were non-substantiative. Fire protection was one issue, and he stated no one
was willing to service the site, therefore, they wrote their own plan with assistance from the State.
He stated in agreements with the State after February 9, 2003, a copy of everything that needed to
be finaled was to be submitted no later than 30 days prior to this hearing. Mr. Herring stated he
missed that date by one day,and the comments were hand delivered the morning following the date
they were due. Mr. Herring said the State Health Department process is frustrating, and he has
been working directly with Mr. Doak and Mr. Mallory to expedite the process as much as possible.
Mr. Herring said on May 10,2004, Mr. Doak submitted comments to Mr.Vendena,which consisted
of eight comments. Mr. Herring stated all those questions were answered and the plan was
resubmitted on May 13,2004. Mr. Herring stated they have completed permeability requirements;
multiple engineers have certified the containment volume required; studies were done last spring
to show where drainage goes; and he absolutely has no idea of what else to do. He said that, in
reviewing the Use by Special Review conditions and the State Design and Operations Plan, staff
is only referencing Condition#4 regarding run-off containment. He stated the pond was engineered
in 1991, re-engineered at a later date,it is included in the Design and Operations Plan, photos were
taken of construction of the berm which encompasses the entire site,and the Stormwater Drainage
Plan was approved for Wes Potter by Judy Schmidt, of the Weld County Department of Public
Health and Environment;therefore,he asserted the requirements have already been met for run-off
containment. Mr. Herring stated State health officials still have the authority for the Design and
Operations Plan,and he reiterated the site meets all County requirements. He asked the Board to
find that from the standpoint of the Use by Special Reveiw Permit,the stormwater criteria has been
met. Responding to Commissioner Jerke, Mr. Herring and Ms. Salzman indicated the ponds and
berming currently on site,and Mr. Herring described the drainage areas in detail. He stated a four-
foot berm currently encompasses the site, and they have tested for leaching and containment on
the southern pond. He indicated the drainage pattern has not changed, and the lagoons are long
and skinny in shape, which is how they were designed and constructed in 1991. He stated there
is not, and has never been, much stormwater run-off on the site. Responding to Commissioner
Geile, Mr. Herring stated the Design and Operations Plan is procedural and includes what is brought
onto the site, what is taken off, how it is composted, etc, and he reiterated his opinion is that an
adequate run-off plan exists, and the Board can find that the requirements of run-off containment
for the Use by Special Review Permit have been met,separate from the State approving the Design
and Operations Plan. Cindy Etcheverry, Department of Public Health and Environment, stated as
part of the original hearing it was determined the contours were not representative of the site
conditions, which is why Standard #4 was in violation; however, the new map does correct the
contours. She also indicated the Solid Waste Regulations,which came into effect in 2001,also had
to be met within 90 days at the site. Ms. Etcheverry stated that Mr.Vendena may be in compliance
with the Use by Special Review Permit requirements; however, if the site is not in compliance with
State regulations,staff cannot find it to be in compliance. Responding to Commissioner Geile, Ms.
2004-1438
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HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY,
CIO ROXY VENDENA (USR #654)
PAGE 3
Etcheverry stated the State has a time requirement to meet regarding the review; however, each
resubmittal begins a new review period. She indicated Mr. Doak has been more expedient in
returning reviews. Commissioner Geile clarified that if the State okays the Design and Operations
Plan,everything is okay and the applicant may operate in the meantime; however, if the State does
not approve the plan, it would have to be brought back before this board. Commissioner Jerke
stated his concern is holding up business with two governmental entities playing Catch 22. He
stated if the facility is out of compliance,a new violation can be initiated;however,there is no reason
to continue this one any further. Mr. Morrison stated the Board has recently changed the process
for dealing with violations, and more remedies are available than revocation of the permit. He
reviewed those options. Mr. Herring stated Mr. Vendena has already spent tens of thousands of
dollars to meet the requirements of the Use by Special Review Permit; and he reiterated multiple
registered engineers have reviewed and re-reviewed the site, there is adequate stormwater
collection,and the requirements of the Special Use have been met. He stated the County would not
be giving up jurisdiction to enforce the Solid Waste Regulations with dismissal of this case;
however, Commissioner Geile stated the Board must respect the local Health Department as well
as the State Health Department. Commissioner Geile suggested another continuance of 90 days,
while giving staff authority to dismiss if approval is received from the State in the meantime. After
discussion, Mr. Morrison and Ms. Etcheverrystated the Solid Waste Regulations require a response
within 120 days, although each time a plan is resubmitted, the time period begins over again,
therefore, 150 days was suggested. Commissioner Geile moved to continue this matter to
October 13, 2004, at 10:00 a.m., and to instruct staff to dismiss the violation if State approval is
received prior to that date. The motion, which was seconded by Commissioner Long, carried
unanimously.
There being no further discussion, the hearing was completed at 11:00 a.m.
This Certification was approved on the 17th day of May 2004.
APPROVED:
IesaNior BOARD OF COUNTY COMMISSIONERS
/_ ,S WE D COUNTY, COLORADO
ION Robert D. Masden, Chair
%4i
`r •kaig, in ,F rk to the Board
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X14%._ / • / William H. Jer , Pro-Tem
:aunt .
Deputy Clerk to the Board 47'7/ D/et...2
M. J. ile
TAPE #2004-22
Davi . Lon
DOCKET#2002-86E
G enn a
2004-1438
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