HomeMy WebLinkAbout20023049.tiff HEARING CERTIFICATION
DOCKET NO. 2002-86a
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 February 3, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
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
November 6, 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, 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. At said hearing on February 3, 2003, Bruce Barker, County
Attorney, made this a matter of record. Bethany Salzman, Department of Planning Services,
gave a brief description of the location of the site, which is currently in violation. She explained
the violation was initiated as a result of several complaints and a staff review which noted
several other violations. Ms. Salzman stated on November 18, 2002, the applicant requested a
60-day continuance to comply with the Proposed Time-line of Action, marked Exhibit A. She
stated staff has received an incomplete application for a Use by Special Review Permit, and the
Design and Operations Plan is currently under review. In response to Commissioner Vaad,
Chris Gathman, Department of Planning Services, stated the Use by Special Review Permit
application is lacking a Certificate of Conveyances from a title company, a notarized list of
surrounding property owners and mineral owners, and plat maps. Commissioner Vaad
expressed concern with the applicant submitting these required items at the last minute for the
previous continuance, and the materials are not complete. Ms. Etcheverry stated the operator
did submit the Design and Operations Plan on time; however, it took some time for the State
and County reviews, and for the applicant to make the necessary revisions.
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HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY,
C/O ROXY VENDENA (USR#654)
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Roxy Veneda, Jr., operator, stated he is working to ensure the plant in adequate condition. He
stated they are still working on the retention ponds; however, the grade work and other items
have been completed. He further stated staff from the Weld County Department of Public
Health and Environment came last week and he has been working on their latest requests. Mr.
Vendena stated they had difficulties coordinating with their consultant.
Craig Haveshell, Engineering Design, represented the applicant and stated the operator has
completed a significant amount of work at the facility. He stated it was difficult to submit the
Design and Operations Plan in a timely fashion due to the lengthy reviews by the County and
State Health Departments; however, he received comments back in January which listed
additional items which needed to be addressed. Mr. Haveshell stated most of the work has
been done and due to paperwork delays, he requested an additional 60 days to complete the
Use by Special Review Permit application and any remaining required actions.
No public testimony was offered concerning this matter. In response to Commissioner Vaad,
Ms. Etcheverry stated the violation was initiated as a result of a fire. She expressed concern
regarding dust, infiltration of pollutants into the groundwater, and nuisance conditions, such as
flies and odor. She further stated there is no evidence of infiltration; however, the Design and
Operations Plan should provide a survey of any potential for contamination. She stated the
revised plan was received today, and it should have a geological survey to assist in determining
whether any contamination has occurred. She further stated the compost piles are not aerated
and she believes a heat built up resulted in combustion. Ms. Etcheverry stated she has been
working with the applicant to begin winnowing and aeration of the manure to prevent future fires
and nuisance conditions. She stated they have been constructing windrows; however, there are
still some large manure storage areas that still need some work. She further stated once they
build the retention structures, they will be allowed to apply the liquid on roads for dust
suppression; however, staff is still requesting an additional water supply. She stated staff has
received no formal dust complaints, but dust was observed during her inspection, and dust
suppression will also need to be addressed in the Use by Special Review Permit application.
Responding to Commissioner Masden, Ms. Etcheverry stated the fire lasted for a couple of
weeks, and the operator has testified that the fire department was unsure how to treat the fire
and advised them to let it burn. She stated due to complaints the State directed the operator to
put out the fire. Responding to Commissioner Geile, Ms. Etcheverry stated once she reviews
the revised plan, it will also need to be returned to the State for additional review, which may
take 60 days. She further stated the Design and Operations Plan was coordinated by the
consultant, who was hired by the applicant. Responding to Chair Long, Ms. Etcheverry stated
there is significant evidence of improvements at the physical site, they have removed compost
from the undesignated areas, placed stockpiling in specified areas, created windrows, and done
the necessary grading to ensure stormwater flow into the retention ponds.
Both Roxy Vendena Jr. and Sr. responded to Commissioner Vaad by stating the local fire
department did not know how to put the fire out. They indicated there was also potential for
ignition from the nearby firearms range or motorcycle track. Ms. Etcheverry stated the manure
pile was wet; however, the outer crust was dry and able to ignite. She further stated the
motorcycle track also has a dust control problem, and there is also dust generated from the
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HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY,
C/O ROXY VENDENA (USR#654)
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occasional truck that delivers manure to the site. She stated they currently have no water at the
site for dust control. She further stated the ponds should help address water quality issues;
however, the pond liners cannot be compacted until there is moisture. Responding to
Commissioner Jerke, Mr. Vendena, Jr., stated he concurs with his consultant's request for an
additional 60 days to complete outstanding issues. He also proposed scraping the pad to
eliminate dust. He stated they received some complaints regarding flies, and now they spray
every 14 to 16 days.
Commissioner Geile expressed concern with the apparent conflict between the operator and
consultant. (Switched to Tape #2002-05.) Mr. Vendena, Jr., stated he has complied with all
requests of the consultant, County, and State. He stated he will work to improve
communications with his consultant. Commissioner Jerke expressed concern with granting an
additional 60 days; however, any less may not be reasonable due to a lengthy State review or
any other potential delays.
Commissioner Vaad commented the testimony has indicated the immediate threat has been
diminished, there has been a lot of progress made at the site, and although the Use by Special
Review Permit application is not complete, there are only minor issues to complete. He further
stated there have been reasonable efforts made to address the retention ponds, the Geological
Report will provide further detail, and the operator has proposed options for addressing the dust
concern. Based on his comments, Commissioner Vaad moved to continue the Show Cause
Hearing to consider the revocation of a Site Specific Development Plan and Use by Special
Review Permit#654 for a Fertilizer Storage, Mixing, Loading, and Sales Operation for
Permagreen Products Company, to allow the operator additional time to complete all the
necessary requirements as proposed by staff. The motion was seconded by Commissioner
Jerke. Commissioner Masden stated he supports the motion, but he has concerns with the
timing and the operator's ability to complete the remaining items. Chair Long commended the
operator's efforts; however, he acknowledged that there are still many issues to address. Acting
Clerk to the Board, Esther Gesick, indicated the next hearing will need to be scheduled for
Monday, April 7, 2003, at 10:00 a.m. There being no further discussion, the hearing was
completed at 11:35 a.m.
2002-3049
PL0846
HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY,
C/O ROXY VENDENA (USR#654)
PAGE 4
This Certification was approved on the 5th day of February 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELOUNTY, COLORADO
ATTEST: /20',
D vid E. Long, Ch Y
Weld County Clerk to th oa
18.1 J,' S
/ �:� Robert D. sden, Pro-Te
BY:
Deputy Clerk to the
e`Nrit4 M. J. Geile
TAPE #2003-04 ' /� )VA_'
Willia� H�2er Jerke
DOCKET#2002-86a a
/IAA
Glenn Vaad
2002-3049
PL0846
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