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Home My WebLink About20181174.tiffRESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC18-0006, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY 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 the 16th day of April, 2018, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not A-1 Organics, Rattler Ridge Organic Recycling Facility, 16350 County Road 76, Eaton, Colorado 80615, was in compliance with certain Conditions of Approval and Development Standards contained in Use by Special Review Permit, USR-1285, for a Solid Waste Disposal Site and Composting Facility in the A (Agricultural) Zone District, and WHEREAS, the alleged violations were said to be occurring on property described as part of Section 36, Township 3 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, after hearing testimony from the Department of Public Health and Environment, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Use by Special Review Permit should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review Permit, USR-1285, issued to A-1 Organics for the Rattler Ridge Organic Recycling Facility, should be revoked. BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall be July 11, 2018, at or about 10:00 a.m., in the Assembly Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado. BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Development Standards: 13. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. cc, PL cmH/mm/8P.), £Hcc.Lr13F), PWC£P/HB), as C(3Cl' Km), CTB(TJ.), Q.PPL/GtPPL RE,P Os/ ao'1/IS' 2018-1174 PL1443 RE: PROBABLE CAUSE HEARING, PCSC18-0006, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dailLik) jC�ito•edi Weld County Clerk to the Board BY: Deputy Clerk to the Bo APP' : v vR AS Attorney Date of signature: 05 -17-/8 Steve Moreno, Chair Sean P. Conway �— Julie A. Cozad ` Mike Freeman 2018-1174 PL1443 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. To: From: Subject: Owner REMAINDER RETAINED ELECTRONICALLY IN TYLER. DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: mhall@co,weld.co,us Phone: (970) 40C-3528 Fax: (970) 304-6498 PROBABLE CAUSE MEMORANDUM PCSC18-0006 Weld County Board of County Commissioners Hearing Date: April 16, 2018 Michael Hall, Department of Planning Services A-1 Organics, Rattler Ridge Organic Recycling Facility - Blowing Debris/Litter Off -Site WJW Properties LLC dba A-1 Organics c/o Bob Yost and Chris Skelton 16350 County Road 76, Eaton, CO 80615 Legal Description: Being a part of Section 36, Township 3 North, Range 64 West of the 6th P.M., County o;weld, CO Location: North of and adjacent to County Road 59; west of and adjacent to County Road 61 Parcel Size: +/- 440 acres Parcel Number: 1215-36-0-00-001 Zone District: A (Agricultural) Pursuant to Chapter 23, Article II, Division 4, Section 23-2-270 of :he Weld County Code, a Probaole Cause public hearing is requested before the Board of County Commissioners. The A-1 Organics, Rattler Ridge Organic Recycling Facility, ocated at 120C2 County Road 59, is not In compliance with USR-1285 for a solid waste disposal site (composting facility), recorded July 30, 2001. The Weld County Department of Public Health and Environment (WCDPHE) has three active complaints about this facility, specifically that windblown debris litter has left the site boundaries and become a nuisance for surrounding property owners. A semiannual site inspection by the WCDPHE was conducted on December 1, 2017, and outlined in a January 3, 2018 inspection letter. WCDPHE staff noted that windblown debris/litter had left the site boundaries. On January 18, 2018, WCDPHE was notified that debris and litter was blowing off -site and onto neighboring properties from the A-1 Facility. An inspection of the property conducted by the WCDPHE on January 194 2018, found significant debris on neighboring properties outside the Rattler Ridge property boundary and photographic evidence of trash on adjacent cts was obtained. WCDPHE staff began a chain of corresoondence with A-1 Organics, starting with a letter, dated January 25, 2018, which discussed the issue, poteritia remedies and the facility's non-compliance with Development Standard #13 of USR-1285. Development Standard #13 c? USR-1285 states, "Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions". Based on observations made during the initial inspection on December 1, 2017, and in response to a compliant made on January 18, 2018, A-1 is in violation of the above Development Standard. A response back from A-1 Organics, dated January 31, 2018, stated that waste materials are handled and processed in accordance with best management practices but uncontrollable extreme weather impacts the spread of trash into adjacent lots. The letter also states their intent to make improvements to the facility to control debris. They ins•.a led a weather monitoring station to aid in future screening decisions and have hired labor to clean up trash on adjacent properties. They are also contracted to build an 18' letter fence on the east and southeast area of the facility where the majority of the deoris blows. The fence will be installed within 180 days according to the January 31, 2018 letter. A-1 Organics believes that the actions they have and w II be PCSC18.0006 Memo I A-1 Organics Page 1 taking will greatly reduce the debris migrating off the facility and would come into compliance with Development Standard#13. The WCDPHE responded to the A-1 Organics letter on February 1, 2018 and requested a more detailed timeline and installation plan for the proposed litter fence and that the 180 day timeline is vague and longer than needed. The WCDPHE also questioned how A-1 Organics will monitor the progress and logistics of the hired laborers removing trash of adjacent properties including legal access to those surrounding properties. A response back from A-1 Organics, dated February 8, 2018, stated that they have contracted with a fence installation company from Texas. The estimated timeline states that the existing fence will be removed on March 54 grading will begin on March 12 and fence installation would follow the grading and would take 2 weeks. A-1 Organics also explains that hired laborers currently walk County Road 59 and into neighboring properties to the south and east. The laborers bag visible debris until no more significant debris is observed. A- 1 Organics have a verbal agreement with surrounding property owners allowing access onto those private properties for debris clean-up. This process is monitored by taking before and after photo -documentation. The process is repeated as needed. The WCDPHE responded to the A-1 Organics letter on February 13, 2018 and accepted the plan and timeframe for the litter fence installation. The VVCDPHE is requiring all construction activities be completed prior to May 1, 2018. There have also been complaints about odor. However, site inspections and odor readings by WCDPHE staff on October 18, 2017, January 19, January 22 and February 27, 2018 could not substantiate an odor violation. In the interim period, the Department of Planning Services, in conjunction with the WCDPHE, requests the Board of County Commissioners to review the operation of USR-1285 and Development Standard #13. A-1 Organics was notified of the Probable Cause hearing in letter dated 03/20/2018. If the Board determines that the fence installation plan and timeline bring the USR into compliance, the owner and operator will be responsible for complying with this plan. If it is determined at the public hearing that there is probable cause that A-1 Organics is not in compliance with USR-1285, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Regards ,: ;/4/71 Michael Hall, Planner I 3/20/2018 PCSC18.0006 Memo I A-1 Organics Page 2 March 2052018 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: mhalI@co,weId.co.us Phone: (970) 400-3528 Fax: (970) 304-6498 A-1 Organics c/o Bob Yost & Chris Skelton 16350 WCR 76 Eaton, CO 80615 Case Number: PCSC1 B-0106 Legal Description: Being a part of Section 36, Township 3 North, Range 64 West of the 6th P.M., County of Weld, CO Dear Mr. Yost & Mr. Skelton, Notice is hereby given that the A-1 Organics, Rattler Ridge Organic Recycling Facility, located at 12002 County Road 59, is not in compliance with USR-1285 for a solid waste disposal site (composting facility). Per complaints, windblown debris/litter has left the site boundaries and has become a nuisance for surrounding property owners. There have also been complaints about odor. However, site inspections and odor readings by Weld County Department of Public Health and Environment ( CDPHE) staff on October 18, 2017, January 19, January 22 and February 27, 2018 could not substantiate an odor violation. A semiannual site inspection conducted on December 1, 2017 by the WCDPHE staff noted off -site wind-blown litter. Additionally, in response to a compliant made on January 18, 2018, a WCDPHE inspection on January 19, 2018 substantiated this complaint and noted that windblown debris/litter had left the A-1 Organics USR boundary. Photographic evidence of trash on adjacent lots was obtained. WCDPHE staff began a chain of correspondence with A-1 Organics, starting with a letter, dated January 25, 2018, which discussed the issue, potential remedies and the facility's non-compliance with Development Standard #13 of USR-1285. Development Standard #13 of USR-1285 states, "Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions". Based on observations made during the initial inspection on December 1, 2017 and the inspection on January 19, 2018, A-1 is in violation of Development Standard # 13. Although A-1 Organics has proposed to install fence that could mitigate the blowing debris, the site is not in compliance and a Probable Cause public hearing is scheduled for April 16, 2018. The purpose of this public hearing will be to review USR-1285 for compliance with the Development Standards and Conditions of Approval, as approved by Board of County Commissioners Resolution on November 1st, 2000, If it is determined at the public hearing that there is probable cause that you are not in compliance with USR- 1285, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Please let me know if you have any questions. Regards, /-a .".11•:::, ,r J ^Ff Michael Hall, Planner I PCSC18-0006 Letter I A-1 Organics Page 1 UI nI ru C a 0 RI N ru .113 UI C rti 411 28711 0001 U.S . Postal Service I CERTIFIED MAIL® RECEIPT tioinosti c Ma/l Only arim - For ci.dverq lint nri ntiun. vitil ow web site at my ini&usps,to t7'. I 1! :Is i ma e ars Poolaiie Cow Feel Return Receipt Fee tsndnu ent Ke JIredi IBS NOM Fe (E erni 4 P PoiliKs. Fogs S. 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Service Type ❑ Aduit Striatum U Adult SignatinFiesttitted DarAtery tECconitiod IS fl crnUled ill 1t Pt6d Delivery Golkaet on velvety [1 CoRect on DelhAry ResulcWdt PregverV Mal 5625 ��tt��°�P sa tdae' 'y PS Form 3811 July 2015 PEN 753O-O2-QOO9D I SENDER: COMPLETE MIS SECTION Complete items 1, 21, and a, • Prim your name and address on the revere° so that we can return the card to you. No Attach this card to the back of the mallpieoe, or on the front If space permits. Article Addressed to: 0 r&.44. i c/o LH M S "Etna'," to c IL _76 EATON, # CO siocct l I11R1 I1I iiIII1L Iii U' 11111k I 1 9590 9402 1834 6104 8555 71 i J _ 2 Articto Number ( ker° from service *AN) 7014 2870 Q❑U1J 562e 563E Ps Ferri 3811 I July 2015 IP t 7E : M D- Q 53 A. Signature x 1� Re‘cet , by (Printed Nemo) L J kk mss; D. 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MI rf" vair il�Mr sin ft ft P.nr■trr rr arm #.. soh firis �MrMn -7reIII} rat +re +x. Mehl If r.. , ova n SI r ro ., 1�tLragni I en M M m Rrrr trier .ter. ARM' Pr rs-ie IA. r.eAr'�rsugr m rn if. IrSWHIOI ?W r. to Ibk7D sir alp .rlrlVtf�,YfM4rl��1(f M+p Tr 1'1111141N [ ~^ I lfa +7iT 7nf ��e{ t 1y �1 r��I . tK' fir �sll"i POMO M crir wee strreIgi. FPArAge 7.t~I ITIIVtW 41l'inigr rr Ir AyfisItt rilrry?MTy��rro ( ��1y4.}t_�1yy♦rye�ee w. �IlR N.f(M� f �r �1 :11 alp WPM Ifs 4?asi' &ea - I nr5 w , M. Iln. ��.".vv�lrr 4• r •rvl fJ r r. r Pt atomises net rTrf.M1.. Atfl .7if i irt.I ceit r .Aw M a f 4 Me RATTLER RIDGE ORGANIC RECYCLING FACILITY Special Review Permit USR -- 1285 SITE PLAN A PORTION OF SECTION 36, T. 3 Air , R. 64 W. , OF THE 6TH P.•M. COUNTY. OF WELD, STATE OF COLORADO i Vin l r4artv no re frown lint Ain& a Scale 1" = 300' rem/err Wes 3 N. 7. A a.l9It'n VICINITY MAP • Z5 . rfraeMlle 25 raa§ Warila prey 30 Min /r. IC II? Vfir wan atifPfg60 35 min Soper Oa 38 gun ion INEI f r t On* 14!■ That Pe `aa / ` Pouf. e r inn 2 • Rr11rIfIb s,*<.rifrr fr.rklt mail rill i *Iv •-Privatr RreAorc d dn77rf } ottaf ra irur7N!: Road Saabs 14 • lir mlfa PLANNING COMMISSION CERTIFICATION Tura ft ₹COI ₹flat fray Wald County PJonnJna CaMtrrsolat has certified andwsa hereb�y reeamerd ra the saga rrf =my =Mamafo omens. held County Coraradoc for lt•`a ooMlrmat?oa. approval one caoatlan of tale Sloe Spierffr6 Devei Prrt,nt Hon ord Si by Spec -foe Reviewde Shorn and described thereon trite O clay of gar I 2001 choJr• rcl cam" arra1nrresi Camrrealco BOARD OF CCLINT1 COMMISSIONERS CERTIFIWCATION This to to certify tnor trap sacra of c un#y ecnr sa mitt,, Wild 7vunt2 Colorado. Afars hereby aon,xfrm one adopt We Site Saeolfro Development Pion and pea Ay speorar RrvIew and Dv '- foment Standards .f o4 4 - d sd hereon this yrt �•.} Ii' 4t≥ I _tl f Yi /� � '1rr•i. f Doted: PROPERTY OWNER'S CERTIFICATE The undaralgnac ma)ar araperty ornsrfai do money Ogres fo tJto Sl# speolcro Devfloparent Plan ono. Use by Saealol Review I?averopement ran? sttanacai w cresorrbea nerdell ffJ& cl4r of . 2001. cet4 StgnatUrt I iniii uiu umii a iium uu iiiiui iii uui iiii im lE/91Y6 06I1T/P001 10:OfA JA S�Id T�uYsmola 1 of 9 R 16.00 D 13.00 Weld County CO ?(c After recording return to: Messner &. Reeves, LLC 600 17t Street, Suite 2800 -South Denver, CO 80202 Attu: Ilona L. Dotterrer, Esq. Nate Documentary Fee Dete 5- =lye i SPECIAL WARRANTY DEED /Zoo rr it g Fi N' .1? av rig -imp Rsxv . �'nlorn n crnrrrnnti nn whncr gtrert aril recs i c 17th fie. ja, Lea. 1Llii �i �r Sri R pa 4- SS l ,.FS i./i M. %J Y.'4 V Vi 14tFY4ai I T • .%.I� wwrwa �..ry av 17th and Ford Street, Golden, Co 80401, for the consideration of One Hundred Thirty Thousand Dollars (130,000.00), in hand paid, hereby sells and conveys to WJW PROPERTIES, LLC, a Colorado limited liability company ("Grantee"), whose address is 16350 Weld County Road 76, Eaton, CO 80615, the following real property (the "Land") in the County of weld, State of Colorado, to wit: See Exhibit A, consisting of one page, attached hereto and by this reference incorporated herein; RESERVING, HOWEVER, unto Grantor, all water, water rights, ditches. ditch rights, wells, well rights, non -tributary and net non -tributary ground water and w a►te r rights underlying the Land, together with the right to collect, use, and appropriate all such ground water within and under the Land; and the delivery to and acceptance of this Deed shall constitute the irrevocable CONSENT of Grantee as may be required from time to time by any provision of Colorado law, for the issuance to Grantor, its successors and assigns, of a permit or permits for the construction of a well or wells to take, appropriate, use, and produce said ground water and water rights herein reserved, and said CONSENT shall be binding upon Grantee's successors and assigns, and shall constitute a covenant running with the Land to the fullest extent permitted by law or equity for the use and benefit of all other lands of Grantor, and Grantor's successors and assigns, in Section 36, T3 N, R, 6 4W, 6th P.M., Weld County, Colorado; provided, however, that nothing herein shall be construed as reserving unto Grantor (1) any right to locate wells, pipelines, storage tanks, or other facilities on the Land, (2) any easement on, over, or under the Land for the purpose of transporting or storing such reserved water, or (3) any right to disturb the surface of the Land or any improvements thereon; and FURTHER RESERVING unto Grantor the Road Easement described in Exhibit B, consisting of one page attached hereto and by this reference incorporated herein; and RESTRICTING Grantee's use of portions of the Land as described in Exhibit C, consisting of two pages, attached hereto by this reference incorporated herein. Grantor will warrant and defend title to Grantee and its assigns against all persons claiming by, through or under the Grantor, subject only to taxes for the year 2000, and any liens for taxes in years subsequent not yet due or payable, and those matters set forth on Exhibit D consisting of two pages, attached hereto and incorporated herein by this reference. 1111111 11111 111111111111111111111111111111 11111 IlII IlL 2849125 0511712001 t0:0EA JR Suki fsukamotn 2 of 9 A W.OD 0 13.00 Weld County CO Signed this 1st day of May, 2001, COORS ENERGY COMPANY a Colorado corporation By:' Schallenkamp, Presid p STATE OF COLD ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this jis,...er day of May, 2001, by John Schallenkarnp, as President of Coors Energy Company, a Colorado corporation. Witness my hand and official seal. My commission expires: k fi Lc/i) , ./! y* • L • -a • + tt • -� si L L ••. i • 4 • •; -0 114. 110115 I Slit" • -a •• � �� . r • E 1 i i ( 1612032 20 3 1111111 lull iunii 1i iimii im iiuni iii nun uu III P8491% 06/178001 10:07ft JA BuM T�ukamolo 3 of 9 R 45.00 D 13.00 Weld County CO EXEIBIT r"A" LEGAL DESCRIPTION Our Order No. FC200012,1 THE SOUTH la.; THE SW 1i4 OF THE NW 1/4; THE S 122 OF THE SE 114 OF THE NW 1/4; THE S 1/2 OF THE SW 1/4 OF THE NE 1/4; AND THE S 1/2 OF THE SE 114 OF THE NE 1/4: AND THE N 1/2 OF THE SE 114 OF THE NE 1/4s EXCEPT THE WEST 100 FEET; ALL IN SECTION 36, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. 1111111 11111 11111111111111111111 1111111 iii nisi i ii iui 2949126 0511712001 10:apA JA Sold Teulmmoto 4 of 9 9 45600 D 13.00 Weld County CO EXHIBIT B ROAD EASEMENT RESERVED UNTO GRANTOR Grantor hereby reserves unto itself and its assigns a perpetual noneexclusive Easement as described below, over, under and across an existing roadway for purposes of ingress, egress and access by vehicular traffic over the Land, The benefits and burdens of this Easement shall run with the Land and be binding upon and inure to the benefit of Grantor's and Grantee's successors and assigns. A tract of land sixty (60) feet wide in Section 36, Township 3 North, Range 64, West of the 6th P.M., Weld County, Colorado, the centerline of said 60 foot wide tract of land is described as follows: From the thence N thence N thence N thence N thence thence N thence N thence N thence N thence N thence N thence N thence N thence N thence N thence N thence N thence N thence N thence N Southwest corner of said Section 36; 00'00'00" E 233,15 feet to the point of Beginning; 16°53110" S 82.27 feet; 25°30'40" E 132.21 feet; 33'49'38" E 97.93 feet; 42Q07'01" E 151.44 feet; 53°25'22" E 168.18 feet; 64°40'51" E 150)7 feet; 73°54'40" E 113.94 feet; 767'48'53" E 21111.10 feet; 77°44'39" 2 1910.71 feet; 73°17'37" E 157.90 feet; 62°21'36" E 152.17 feet; 49°41'34" E 211.86 feet; 3796'46" E 146.55 feet 26°39'55" E 154.00 feet; 16'39'16" E 142.64 feet; 07°04'09" E 118.73 feet; 00'09'51" E 2451.19 feet; 03°58'01" W 239.28 feet; 07°32'32" W 142.73 feet; thence N 10°18'26" 77,50 feet to the Point of Terminus, said point being on the North line of said Section 36, from whence the Northeast corner of said Section 36 burs N 89°15'28" E 110.59 feet, Said tract contains 12.584 Acres, more or less. The basis of bearings for this Road Easement description is the South line of the NE 'J4 Section 36, Township 3 North, Range 64 West, said line bears N 89°21'O4" E. I tuB 11111 UUIU 1111111111111111111111111111 1111 1ii 5 of Y81Y19 R 1600 0 13.OO�WddAEOY^K Columnto EXHIBIT C RESTRICTIONS ON USE OF PROPERTY Restriction on Use of Parcels Linder Permit. Grantee, for itself, its successors and assigns, acknowledges and agrees that the three parcels described below which are located on the Land conveyed by this Special Warranty Deed, are subject to certain reclamation conditions required by a permit issued to Grantor by the State of Colorado Division of Minerals and Geology (the "State"). Grantee, for itself, its successors and assigns, hereby agrees that it will not use for any purpose or disturb in any manner, including but not limited to, any disturbance to the surface and subsurface the three parcels until Grantor notifies Grantee in writing that the State has released the reclamation conditions, or for ten years from the date of recording of this Special Warranty Deed, whichever is earlier. The restriction in this Part I shall run with the land. Parcel 1 Baseline Vegetation Plot, labeled on drawing as Small Area Exemption (SAE) #2A. (SEE DRAWING, Appendix A, PERMIT AREA MAP) From the southeast corner of Section 36, thence N. 68° 58' 38" W, 3186.54 feet to point of beginning, being a point on the northerly tine of a 60 -foot roadway easement; thence N 19° 26' 47" W, 490.76 feet; thence 770 42' 52" W, 300,11 feet; thence S 19° 18' 25" E, 490.08 feet; thence N 77° 48' 53" E, 301.38 feet to the point of beginning, containing 3.35 acres, more or less. Parcel 2 Baseline Vegetation Plot, labeled on drawing as Small Area Exemption (SAE) #2. (SEE DRAWING, Appendix A, ero ACCESS ROAD EASEMENT, SHEET 5 of 5) From the SE corner of Section 36; thence N. 580 05' 54" W, 2434.10 feet to the point of beginning, being a point on the southerly line of a 60 -foot roadway easement, thence N 77° 44.1 39" E, along said line, 512.03 feet; thence S 00° 10' 57" E, 338.86 feet; thence S 89° 44' 56" W, 500.28 feet, thence N 00° 17' 12" W, 232.36 feet to the point of beginning, containing 3.282 acres, more or less. Parcel 3 Topsand Pile #1, labeled on drawings as Small Area Exemption (SAE) #1, (SEE DRAWING, Appendix A, 60' ACCESS ROAD EASEMENT, SHEET 5 of 5) From the southeast corner of Section 36, thence N 13° 18' 54" W, 1$22.48 feet to the point of beginning, being a point on the northwesterly i� r' t. �.-.--. i. -•- -- tv "S t'I i i, irk i i4F 95,11 line of a slaty-Ioot roadway easement; thence IN J. - i 39 YY , feet; thence N 28° 5T 12" E, 601.45 feet; thence S 87° 22' 14" E, 97.65 feet to a point on the westerly line of said roadway easement; thence 1111111 11111 ll�ill4 �1 Itllf�� IIII III«I1 III kaIlUltl�ll lllf 2949126 0W17/2001 1Q.02A JA Saki T 6 at 9 R 45,00 D 13.00 Wild County CO southwesterly along said line the following five courses and distances: 1) S 07° 04' 09" W, 113.06 feet, 2) S 26° 39' IG" W, 137.50 feet, 3) S 26° 39' 55" W, 148.59 feet, 4) S 374 16' 46" W, 140.50 feet; 5) S 49° 41' 34" W, 171.40 feet to the point of beginning, containing 2.115 acres, more or less. II. Restriction on Residential Development. Grantee, for itself, its successors and assign f hereby agrees that the following described portion of the Land conveyed by this Special Warranty Deed shall not be used for any type of residential development, including but not limited to, any single family or multifamily structures, apartments, condominiums, or any type of improvement or structure used for residential purposes, however configured or zoned, for a period of ten years from the date of recording this Special Warranty Deed: The Southwest Quarter of the Northwest Quarter; the South Half of the Southeast Quarter of the Northwest Quarter; the South Half of the Southwest Quarter of the Northeast Quarter; and the Southeast Quarter of the Northeast Quarter; the South Half of the Southeast Quarter of the Northeast Quarter, and the North Half of the Southeast Quarter of the Northeast Quarter, EXCEPT the West 100 feet of said Half Quarter Quarter; All in Section 36, Township 3 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. i mill 11111 iiuiii ii iiiiiii iiii iiiini iii nisi uii ini tBIYtYE ON17fY0D1 10:OZ1 JA SUM hulamolo 7 of 9 R /6A0 0 13.W Weld County CO EXHIBIT D PERMUTED EXCEMONS 1 Taxes not yet due and payable. 2. The following exceptions set forth on the Title + ormnitment: 2.1. Rights of claims of parties in possession not shown by the public records, 2.2. Easements, or claims of easements, not shown by the public records. 2.3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 2.4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumi shed, imposed by law and not shown by the public records. 2.. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 2.6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office, 2.7. Any unpaid taxes or assessments against said land. 2.8. Liens for unpaid water and sewer charges, if any. 2, 9. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal al bankruptcy, state insolvency, or similar creditor's rights laws, 2.10. RIGHT OF WAY EASEMENT AS GRANTED TO WELD COUNTY IN INSTRUMENT RECORDED MARCH 17, 1909, IN BOOK 296 AT PAGE 149. 2.11. RIGHT OF WAY EASEMENT AS GRANTED TO CONTINENTAL OIL COMPANY IN INSTRUMENT RECORDED SEPTEMBER 28, 1931, IN BOOK 920 AT PAGE 627. 2.12. OIL AND GAS LEASE RECORDED JUTE 30, 1969 UNDER RECEPTION NO. 1526807 VS BOOK 605 AND ANY AND ALL ASSIGNMENTS THEREOF, OR TXT1tD 1 QT TUT'! -P ihr I �mii iui� iu�iii a i�iiiii �i1i i�ti1n� i11 i�iu uii 1ni ;BW72of g8 fl �7 f20D.00 D113100� WeItlACoueN Cplomoto 2.13. OIL AND GAS LEASE RECORDED APRIL 12, 1972 UNDER RECEPTION NO, 1587454 IN BOOK 665 A10 ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 2,14 TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT IT OF PRODUCTION RECORDED JULY 10, 1978 AT RECEPTION NO. 1759559 N BOOK 838. 2.15. RIGHT OF WAY EASEMENT AS GRANTED TO INDUSTRIAL GAS SERVICES E NC. IN INSTRUMENT RECORDED OCTOBER 09, 1973, UNDER RECEPTION NO. 1622696 IN BOOK. 701. T 'L "Mt. ''�t'"11 rflTtPNS & Mf DD f\JT C T f" \I C OF lit PMfD A \lfll r nF 1 £s11L t11J u %..+ %J L '1 Ss i 3 2 *f a 7 1.d t L& 4F 1 i% S.Jr * i LJ 4 %t 4 7 h. %S 1 1 T t a ra • a Lra % a• 1.a.r 1 r# Al CONTRACT RECORDED OCTOBER 04, 1974 AT RECEPTION NO. 1646043 IN BOOK 724. 2.17. RIGHT OF WAY EASEMENT AS GRANTED TO INDUSTRIAL GAS SERVICES INC. IN INSTRUMENT RECORDED NOVEMBER 26, 1974, UNDER RECEPTION NO. 1649235 TN BOOK 727 1011D AMENDED ED AUGUST 28, 1975 AT RECEPTION NO. 1668412 EN BOOK 746. 2.18. TERMS, CONDITIONS AND PROVISIONS OF KEENESBURG ii1 SITE MAP RECORDED MY 02, 1980 AT RECEPTION NO. 1829039 IN BOOK 907. 119, TERMS, CONDITIONS AIND PROVISIONS OF DEVELOPMENT PLAN MAP RECORDED FEBRUARY 10, 1981 AT RECEPTION NO. 1849391 IN BOOK 927. 2,20, RIGHT OF WAY EASEMENT AS TED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED SEPTEMBER 10, 1981, UNDER RECEPTION NO. 1868639 IN BOOK 947, 2.21. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED APRIL 15, 1993 AT RECEPTION NO. 2329218 N BOOK 1379. 2.22. RIGHT OF WAY EASEMENT AS GRANTED TO GUTTERS El's' & COMPANY IN INSTRUMENT RECORDED ,I TU Y 05, 1994, UNDER RECEPTION NO. 2367677 IN BOOK 1421. .23 . ALL OIL, GAS, MINERALS AND OTHER MI1 ERAL AlkiTD MINNG RIGHTS AS RESERVED N INSTRUMENT RECORDED MARCH 15, 1996, UNDER RECEPTION NO. 24809 89 IN BOOK. 1537. 2.24. TEIRM , CONDITIONS AND PROVISIONS OF SPECIAL REVIEW E' PERMIT RECORDED DED FEBRUARY 19, 1998 AT RECEPTION NO. 2594953. 111111111111 iimii a iiiim iiii iuii iii i��u iiii liii 2619126 D&17fY001 10.OYN JJ1 SuMI TfuNemolo 9 of 9 R X6.00 D 13.00 WeIQ Courtry CO 2.25. ANY LOSS OR CLAIM DUE TO FENCE LINES VARY FROM PROPERTY LINES ALONG THE WEST AND SOUTH LINES AS SET FORTH ON SURVEY NO. 8548-01-0001 DATED JANUARY 10, 2000, BY LAl SURVEYORS OF COLORADO. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1285 FOR A SOLID WASTE DISPOSAL SITE AND COMPOSTING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - LAMBLAND, LAN D, INC., DBA A-'1 ORGANICS 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, the Board of County Commissioners held a public hearing on the 1st clay of November, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Lambland, Inc., dba A-1 Organics, 16350 Weld County Road 76, Eaton, Colorado 80615, for a Site Specific Development Plan and Use by Special Review Permit #1285 for a Solid Waste Disposal Site and Composting Facility in the A (Agricultural) Zone District on the following described real estate, to -wit: Part of Section 36, Township 3 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Robert Yost at said hearing, and WHEREAS, Section 24.4.2 of the Weid County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Comnt sioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance, 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a Section 24.4.2.1 — This proposal is consistent with the Weld County Comprehensive Plan. A.Policy 1 of the Comprehensive Plan states that agricultural zoning is established to protect and promote the County's agricultural industry. A.Policy 2 encourages agricultural businesses and industries to locate in areas that minimize the removal of prime agricultural land from production. Soils on the Use by Special Review Permit site are classified as "other lands" by the U. B. D.A. Soil Conservation Service.. The location of the Use by Special Review Permit area and the attached Conditions of Approval and Development Standards make the proposed use consistent with the Weld County ffle P , a -P0- 0000-2590 PL1443 SPECIAL REVIEW PERMIT #1285 - LAMBLAND, INC., DBA A -I ORGANICS PAGE Comprehensive Plan's Agricultural, Environmental Quality and Natural Resources Goals and Policies. b.. Section 24.4.2.2 — This proposal is consistent with the intent of the A (Agricultural) Zone District, Section 31.4.9 of the Weld County Zoning ordinance provides for Solid Waste Disposal sites and facilities, subject lo the additional requirements of Section 45.4, Solid Waste Sites and Facilities or Hazardous Waste Disposal Sites, as a Use by Special Review. c. Section 24.4.2.3— The proposal will be compatible with future development of the surrounding area. The proposal is compatible with h the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing county zoning and the Weld County Comprehensive Plan. The surrounding land uses include vacant land with natural grasses, Coors Energy's Keenesburg Mine Site, Waste Management of Coloradots Buffalo Run Landfill, an oil and gas production facility, and some agricultural uses. d Section 24.4.2.4 - The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) Zone District and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The Town of Keenesburg indicated in a referral response that this use was not a conflict with its interests. ea Section 24,4.2.5 — The proposal is not located within the Overlay (District Areas identified by maps officially adopted by Weld County. f. Section 24.4 2.6 — The applicant has demonstrated a diligent effort to conserve productive agricultural land. The proposed use is not located in an area designated as prime farm ground, therefore, no productive farmground is being taken out of production. 9. Section 24.4421 — The Design Standards (Section 24.5 of the Weld County Zoning Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. h. This application has been determined to be in compliance with the proposed Amendment 24 to the Colorado Constitution of a new Article XXVIII, as development of land is consistent with a valid development ap pl Pcation which had been filed as of September 13, 2000, pursuant to proposed Article XXVIII 9 (2). 2000-2590 PL1443 443 SPECIAL REVIEW PERMIT #1285 - LAMBLAND, INC., DBA A-1 ORGANICS PAGE NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Larnbland, Inc., dba A-1 Organics, for a Site Specific Development Plan and Use by Special Review Permit Th285 for a Solid Waste Disposal Site and Composting Facility in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following cronditions:: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The applicant, in cooperation with the multiple users of the haul route, shall enter into an Improvements Agreement with the Weld County Department of Public Works, which shall be approved by the Wetd County Board of Commissioners. B Thr gnnIirA of chaff l rsntn r intn n nratar■nc r,t ti vitl Pciti ri ci f�I to ir�irirccc� itc r ■v v. tr ,r.ivv.r .• v■ I IP tiY� ■1I I I �sU •1.' I tiw v}r tirv� I I'■ as ■'■tiff ■ ■ y�v■� �ti5 �■ �v tiwuua �.+y 4f I S J concerns stated in a letter dated September 19, 2000, or submit evidence that reasonable efforts have been made to address the concerns. Documentation of such shall be submitted to the Department of Planning Services. C The applicant should notify the Department of the Army, Corps of Engineers, for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act, if any work associated with this project requires the placement of dredge or fill material or if excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may. include ephemeral, intermittent and perennial streams, lakes, ponds, .;r wetlands takes place at this site. D. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health and Environment of review and approval, Evidence of the approved plan shall be submitted to the Department of Planning Services. E A Fly Abatement Plan shall be submitted to the Weld County Department of Public Health and Environment of review and approval. Evidence of the approved plan shall be submitted to the Department of Planning Services. 2000-2590 PL1443 SPECIAL REVIEW PERMIT #1285 - LAMBLAND, INC., DBA A-i OR ANTICS PAGE 4 F. An Odor Abatement Plan shall be submitted to the Weld County Department of Public Health and Environment for review and approval. Evidence of the approved plan shall be submitted to the Department of Planning Services. G_ A Soil Sampling Plan shalk be submitted to the Weld County Departmen of Public Health and Environment and the Colorado Department of Public Health and Environment for review and approval. The plan shall describe, in detail, the sampling frequency, sampling depths and locations, analytical parameters that will be monitored, reporting methods, and any other procedures and methods necessary to detect an impact from the operation of the facility. Evidence of the approved plan shall be submitted to the Department of Planning Services. I --l. A typical mixing pad design shall be submitted to the Weld County Department of Public Hearth and Environment and the Colorado Department of Public Health and Environment for review and approval. At a minimum, the design should describe, in detail, the construction of the pad, the thickness of liner, method of lining, liner permeability, pad nlnintcnAnncb dorm water ronfrnl et['.. The facility shall provide evidence to the Weld County Departments of Planning Services and Public Health and Environment that an appropriate financial assurance mechanism has been secured in accordance with the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (G CCR 1007-2). J. The facility shall submit a groundwater monitoring plan, for review and approval, to the Weld County Department of Public Health and Environment. The focus of the plan is to gather adequate background groundwater data, in the uppermost saturated interval, in the event that soil sampling data indicate that a release or impact may have occurred from operations at the facility. The plan can incorporate the existing on - site monitoring well (DI -I-12) or a new appropriately located monitoring well. Evidence of the approved plan shall be submitted to the Department of Planning Services. K. The applicant shall attempt to address the requirements of the Southeast Weld Soil Conservation District, as stated in the referral response received August 23, 2000. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 3. Prior to the issuance of building permits: 2000-2590 PL1443 SPECIAL REVIEW PERMIT #1285 - LAMBLAND, INC.} DBA A-1 ORGANICS PAGE 5 A. Building permits are required before any buildings or structures, are built, remodeled, moved, or demolished. Building permits shall be obtained before any excavation. B. Separate building permits are required for all signs. Engineering may be required. Electrical permits shall be obtained for all electrical work. For instance, electrical permits are needed for any site lighting or any irrigation system. All buildings shall be engineered. Engineered foundations shall be based on a site -specific geotechnical l report or an open hole inspection performed by a Colorado licensed engineer. Any fill material shall contain no rock or similar irreducible material with a maximum dimension greater than 12 inches_ All fills shall be compacted to a minimum of 90 percent of maximum density. Engineering reports shall be supplied for all fill material. E. The allowable floor areas of bu'ldings shall be limited by Section 504 of the 1997 uniform Building Code (UBC). F. All buildings shall maintain distances from property lines and adjacent buildings as outlined in Section 503 and Table 5-A of the UBC. Fire protection systems shall be instalked as required in Chapter 9 of the UBC. H. Any building or areas containing hazardous materials or gases shall be constructed according to the guidelines set forth in the UBC and the 1999 National Electrical Code (NEC) for those specific areas, I, The design and construction of accessible buildings and budding elements shall be in accordance with Chapter 11 and Appendix Chapter 11 of the UBC. All building and site development shall be reviewed by the Keenesburg Fire Protection District. K. Additional requirements and changes may be required when building applications or plans are reviewed by the Weld County Building Inspection Department or the Keenesburg Fire Protection District. 2000-2590 Pl_1443 SPECIAL REVIEW PERMIT #1285 - LAMBLAND, INC., DRA A-1 ORGANICS PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of November, A,D., 2000. BOARD OF COUNTY COMMISSIONERS, WD COUNTY, 0LORAs , C ATTEST: Weld County Clerk to the B BY: Deputy Clerk to the Bo "9--ReitiC AS T ORM: nty Attorhey k meye r, hair e, Pro-Tem Dale K. Hall % ll rie I I I 1 11 GIG1 11/ 1/4"4' a tang I 2000-2590 PL1443 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LAMBLAND, LAN 0, INC., DBA A• 1 ORGANICS USR #1285 1 The Site Specific Development Plan and Use by Special Review Permit is for a Solid Waste Disposal Site (Composting Facility) in the A {Agricultural) Zone District, as indicated in the application materials on file and subject to the 'Development Standards stated hereon. 2 Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance_ 3, The hours of operation are seven days a week, from 5:00 a.m. to 11:30 pLm. 4. Sites and facilities shall comply with the health laws, standards, rules, and regulations of the Coiorado Department of Public Health and Environment, the Water Quality Control Commission, the Air Pollution Control Division, and all applicable local laws and ordinances. 5, If during the operational activities of this facility, information is revealed that changes the currently held concept of the site, the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environmeni may request modifications to the Design and Operations Plan. In addition, regulatory changes that the Department i of �..��:1, u�+-.��, and Environment may implement in 'f�A awn may Colorado Department Public Heat plemen� „ . th_ . a - also become binding and necessitate modifications to the Design and Operations Plan. 6 The facility shall comply with the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 OCR 1007-2) promulgated pursuant to the Solid Waste Act, Section 30, Article 20, Part 1, C. .S., 7 The facility snail be operated in a manner to control fugitive dust in accordance with its approved Dust Abatement Plan at all times. Additional dust abatement measures shall be implemented at the request of the Weld County Department of Public Health and Environment in the event it is determined that dust is a nuisance condition. 8. The facility shall be operated in a manner to control flies in accordance with its approved Fly Abatement Plan. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Heath and Environment in the event that flies are in such a number to be considered a nuisance condition. The plan shall also be implemented in the event the Weld County Department of Public Health and Environment receives a significant number of fly complaints associated with facility and, in the judgement of the Weld County Health Officer, there exists a fly condition requiring abatement. 9, The facility shall be operated in a manner that controls odor in accordance with its approved Odor Abatement Plan. Odors detected off site shall not equal or exceed the level of fifteen - to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional odor abatement measures shah be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facil'ty meet or exceed the level of fifteen -to -one 2000-2590 PL1443 DEVELOPMENT STANDARDS LAMELAND, INC., OBA A-1 ORGANICS (USR #1285) PAGE dilution threshold or, in the judgement of the Weid County Health Officer, there exists an odor condition requiring abatement. W. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 25-12-103, C.R.S. 11. The Use by Special Review Permit site and facility shall be operated in compliance with any required Air Emission Permit approved by the Air Pollution Control Division of the Colorado Department of Public Health and Environment. 12. No permanent disposal of wastes shall be permitted at this site. Any solid waste, other than those being actively composted, as defined in the Regulations pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) received or generated at the site must be removed and disposed at an approved sanitary landfill, 13. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 14. The facility shall receive and process only those materials that are described in the submitted application materials dated July 24, 2000, The Weld County Departments of Public Health and Environment; and Planning Services, and the Colorado Department of Public Health and Environment shall be notified in writing of any additional materials proposed for composting. Written approval to proceed with composting shall be obtained from the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment prior to receipt of the new material. Submitted information shall include operational procedures and storage procedures. 15. A metal sign shall be posted at the facility entrance. The sign shall be a minimum of three feet in width and four feet in length. The sign shall state the following: a. Name of operation. b. Type of facility. c. Emergency phone numbers of the facility operator. 16. An Individual Sewage Disposal System is required for any future structure that would require a septic system and shall be installed according to the Weld County I.S.D.S. Regulations. A vault system shall be acceptable. If a vault is installed, pumping records shall be kept for review, A portable toilet facility shall be provided and maintained on site until such time as a permanent I.S.D.S. is installed. 17. Each mixing pad shall be constructed in accordance with the typical mixing pad design that has been reviewed and approved by the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment. Evidence shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment prior to the use of each mixing pad that demonstrates the pad was constructed in accordance with the approved mixing pad design. 2000-2590 PL1443 DEVELOPMENT STANDARDS - LAMBLAND, INC., DBA A-1 ORGANICS (USR #1285) PAGE 3 18. All liquids and semi -solids must be mixed on a designated mixing pad. 19. All storm water that has come into contact with waste materials on the site shall be confined on the site. In the event that storm water is not adequately controlled on the site, upon written notification from the Weld County Department of Public Health and Environment or the Colorado Department of Public Health and Environment, a comprehensive site -wide Storm Water Plan shall be developed and implemented. The plan must be approved, in writing, prior to implementation by the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment. 20. The facility shall comply with the approved Soil and Groundwater Monitoring Plana. 21. Any bulk liquids or semi -solids that are stored on the site shall be stored in containers that comply with the Underground Storage Tank and Above Ground Storage Tank Regulations (7 CCR 1101-14) or in containers that have received the written approval of the Weld County Department of Public Health and Environment. This is not meant 10 include those liquids or semi -solids that have been incorporated into the composting process. 22. All construction on the property shall be in accordance with the Wend County Building Code Ordinance. 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 24. The property owner or operator shall be responsib!e for complying with the Operation Standards of Section 24L6 of the Weld County Zoning Ordinance. 25. Personnel from the Weld County Departments of Public Health and Environment and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the acthnties carried out on the properly comply with the Development Standards stated herein and all applicable Weld County regulations. 26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and Board of county commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. J - L i 2000-2590 PL1443 Hello