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Planning commission approves landfill operator and birth‑center licenses, contingent on state rules

Emery County Planning Commission · March 11, 2026
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Summary

The Emery County Planning Commission voted unanimously to recommend local business licenses for the operator of the former Nielsen construction landfill and for a one‑room birthing center; the birth‑center approval is contingent on meeting applicable state health code.

The Emery County Planning Commission voted unanimously in March 2026 to recommend a local business license for NCLF LLC, the operator of the former Nielsen construction landfill, and to approve a local license for Gentlebirth PLLC, a one‑room birth center proposed by certified nurse midwife Melissa Jensen.

Jesse McCourt, who presented the landfill application, told the commission his company purchased the former Nielsen Construction landfill in September 2023 and has been operating the site for the past two and a half years. He said the facility accepts only construction and demolition debris and coal‑mine waste (not municipal solid waste), is inspected regularly by the state Division of Environmental Quality, and that the company posted a reclamation bond (stated in the presentation as $125,000). “We only accept construction demolition debris, coal mine trash,” McCourt said, adding the operation has increased recycling and is fencing the property per state inspection requests.

Commissioners discussed whether a conditional‑use permit was required and confirmed the site’s primary oversight is state environmental regulators; Tyler Jeffs moved to approve a business license to allow the applicant to regularize local paperwork, Bruce Wilson seconded, and the planning commission approved the motion unanimously. The chair explained final issuance will follow county commission approval and action by the county office.

In a separate presentation, Melissa Jensen described plans to convert an existing home on Lundy Lane, north of Cleveland, into a small birthing facility with a single birthing suite and one clinic/prenatal room. Jensen said state rule R432‑550 defines birthing centers and that a one‑room facility is not subject to state licensing; she also said she holds a midwife license and an NPI number and is arranging medical liability insurance and required emergency plans. Commissioners emphasized that any local approval was contingent on compliance with applicable state regulations and local health‑department and septic requirements; Tyler Jeffs moved and Bart Cox seconded approval of the local business license contingent on meeting the state and health‑department requirements, and the motion passed unanimously.

Both approvals were presented as local business‑license recommendations to be placed on the county commission’s agenda for final action. The commission instructed applicants to coordinate with county staff for follow‑up steps and permitting.