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HomeMy WebLinkAbout20033178.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 for a 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, c/o 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 are 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. 2003-3178 PL0846 rn:r>rf'G , aL Wal& SHOW CAUSE HEARING - USR #654 - PERMAGREEN PRODUCTS COMPANY, C/O ROXY VENDENA PAGE 2 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. 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, after hearing all testimony presented, the Board deemed it advisable to continue the matterfor 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. 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, do Roxy Vendena, be, and hereby is, continued to 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. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 19th day of November, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /j� � 7 " EXCUSED idE. Lo , C 'r Weld County Clerk td the .w 7,1 "4 Y9Tr 7 Robert D. a , Pro-Tem BY: / r. :_ ,x At! Deputy Clerk to the,idj 5 j c>f M. J. Geile AP V AS M: art J/vL Willis H. Jerk my Attorne VQ-1A Glenn Vaad Date of signature: 2003-3178 PL0846 Hello