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Home My WebLink About20033294.tiff HEARING CERTIFICATION DOCKET NO. 2002-86D 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 November 19,2003,at 10:00 a.m.,with the following present: Commissioner David E. Long, Chair- EXCUSED Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison 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 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. Cindi Etcheverry, Department of Public Health and Environment,gave a brief case summary and stated Permagreen's consultant submitted a Design and Operations Plan on July24,2003;however,they did not receive comments back from the State Health Department until November 14, 2003, regarding the deficiencies. Ms. Etcheverry stated since the operator has not had enough time to address the issues, staff recommends the matter be continued for an additional 180 days. In response to Commissioner Vaad, Ms. Etcheverry stated the Design and Operations Plan was submitted with deficiencies,and the remaining four conditions are related as part of the Plan. She explained the Design and Operations Plan defines how the site will be closed, therefore, the Financial Assurance cannot be completed until those amounts are determined. Commissioner Vaad expressed concern with the four-month delay by the State. Ms. Etcheverrystated she has not been to the site for several months and the applicant can address what corrective measures are being taken in the mean time. 2003-3294 PL0846 1'(�; /�//fr% HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY, C/O ROXY VENDENA (USR #654) PAGE 2 Tom Haren,AGPROfessionals, LLC, stated he submitted a revised Design and Operations Plan to the State Health Department on July 24,2003,based on a complete site survey and topographic information. He stated the site was inspected on September 29, 2003, and the remaining issues regarding signage, berms, etcetera,were all addressed. He stated they have a meeting with the head of the Department of Public Health and Environment regarding the lengthy plan review delay, as well as the plan deficiencies. He stated the last plan was submitted within 45 days; however,due to staffing issues at the State level,he is requesting an additional 180 days to ensure all the issues are complete. No public testimony was offered concerning this matter. Commissioner Geile moved to continue the Show Cause Hearing for Use by Special Review Permit #654 for Permagreen Products Company,c/o RoxyVendena,to May 17,2004,at 10:00 a.m,and he encouraged the operator and consultant to remain diligent in completing this process. Commissioner Vaad seconded the motion, which carried unanimously. There being no further discussion, the hearing was completed at 10:20 a.m. This Certification was approved on the 24th day of November 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: "' EXCUSED r _ r D vid E. Long, Ch ' Weld County Clerk to the ,,ppyy//oar4' ; "� r qq Robert D. den, Pro-Tem BY: Fes_ Deputy Clerk to the Boti M. J. eile TAPE #2003-44 i l t-e-e Willia H. Jerke DOCKET#2002-86D 1'Oe spa Gle n Vaad 2003-3294 PL0846 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF NOVEMBER, 2003: DOCKET#2003-86 - PERMAGREEN PRODUCTS COMPANY, C/O ROXY VENDENA DOCKET#2003-82 - HALL-IRWIN CORPORATION DOCKET#2003-80.- FARFRUMWURKIN, LLLP, CIO JON FILE PLEASE legibly write or print your name and complete address. 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