HomeMy WebLinkAbout20030953.tiff HEARING CERTIFICATION
DOCKET NO. 2002-86c
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 June 9, 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, 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. At said hearing on February 3, 2003, the Board deemed it advisable to continue the
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. At said hearing on April 7, 2003,
the Board deemed it advisable to continue the matter to June 9, 2003, to allow the operator
additional time to complete the requirements of the Weld County and Colorado Departments of
Public Health and Environment. At said hearing on June 9, 2003, Cindi Etcheverry, Department
of Public Health and Environment, gave a brief summary of events resulting in this Show Cause
hearing. She stated staff conducted a site inspection on Friday, June 6, 2003, and staff
recommends this case be dismissed, with the condition that the applicant complete the five items
listed in staff's Memorandum, marked Exhibit E. In response to Commissioner Jerke, Ms.
Etcheverry stated the five items have also been incorporated into the Board's Draft Resolution, and
she concurred with the grammatical corrections proposed. Responding further to Commissioner
Jerke, Ms. Etcheverry stated the Financial Assistance Plan referenced in Condition #D is a State
requirement for compost facilities. Responding to Commissioner Geile, Ms. Etcheverry, stated
there are several different forms of financial assurance which are reviewed by the Colorado
Department of Public Health and Environment to ensure the funds are available to cover the cost
of paying a third party for clean up the facility, if necessary.
2003-0953
PL0846
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HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY,
C/O ROXY VENDENA (USR#654)
PAGE 2
Tom Haren stated he began consulting on this case midway through the Show Cause process. He
stated upon review of the file, he determined most of the infrastructures and control measures were
in place. He stated there is an appropriate stormwater containment system which was constructed
in 1991, the Design and Operations Plan was submitted earlier, and the applicant is willing to
provide a Certificate of Deposit or Letter of Credit to cover the cleanup costs. Responding to
Commissioner Geile, Mr. Haren stated the Financial Assurance Plan, in the amount of$34,000.00,
will cover the costs for the cleanup of the site, removing top soil, and regrading and re-seeding the
22-acre site. No public testimony was offered concerning this matter. Mr. Barker suggested the
Board set a hearing date for November 19, 2003, for reconsideration of the matter if any of the five
Conditions are not completed within 180 days.
Commissioner Geile moved to dismiss the Show Cause Hearing to consider the revocation of a
Site Specific Development Plan and Use by Special Review Permit#654 for a Fertilizer Storage,
Mixing, Loading, and Sales Operation for Permagreen Products Company, with the Conditions of
Approval, and add a paragraph setting a hearing date of November 19, 2003, for reconsideration
by the Board if any of the five Conditions are not completed within the next 180 days. The motion
was seconded by Commissioner Vaad who stated he viewed the site and it is much improved.
There being no further discussion, the hearing was completed at 10:15 a.m.
This Certification was approved on the 11th day of June, 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORAD
ATTEST: tiu# �� ' La� I E cf
vi E. Long, Chair
Weld County Clerk to + r ' �� n(\„
itY
Q1 / y '$ Robert D. asden, Pro-Tem
BY: . ti . i9,
Deputy Clerk to the f s
M. J. eile
TAPE #2003-22 °C) ((
Willis H. Jerk
DOCKET#2002-86c AZ/ 1,O4)
Glenn Vaa a,-
2003-0953
PL0846
EXHIBIT INVENTORY CONTROL SHEET
Case SHOW CAUSE FOR USR#654 - PERMAGREEN PRODUCTS COMPANY
Exhibit Submitted By Exhibit Description
A. Planning Staff Proposed Timeline
B. Planning Staff Site Map
C. Health Staff Response to applicant for request of
extension of time (03/11/2003)
D. Planning/Health Staff Letter from Applicant and request for
continuance (04/03/2003)
E. Planning/Health Staff Memo from Staff for conditional dismissal
(06/06/2003)
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