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Home My WebLink About20132547.tiffMEMORANDUM TO: Diana Aungst, Planning Services DATE: July 18, 2013 FROM: Jennifer Petrik, P.E., Public Works Department SUBJECT: USR13-0038, Loren Chambers Sr. Trust, C/O Schleining Genetics, LLC A Use by Special Review permit for an expansion of an existing feed lot from 1,600 head to 9,600 head The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: CR 39 is a local paved road and requires a 60 -foot right-of-way at full build out. There is presently a 60 - foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) for right of way information, setback requirements, and to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 14). A Weld County access permit has been submitted and will be reviewed by the Traffic Engineer. Show the approved access on the plat and label with the approved access permit number (will be provided). The applicant indicated there will be 14 trucks/day, and 10 employee vehicles/day for a total of 48 trips/day. Show on the Plat: Tracking control, access permit numbers for CDOT and Weld County and existing CDOT and Weld County right of way. The Public Works Department will defer the storm water drainage requirements to the Department of Health and Environment, as it deals with animal units. The applicant is required to comply with the Colorado Confined Animal Feeding Control Regulations. A preliminary waste system design was submitted. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Prior to recording the plat: A. Plat shall be amended to delineate the following: 1. County Road 39 is designated on the Weld County Road Classification Plan as local road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. C:AUsers\kfordAAppDataALocalAMicrosoflAWindows\Temporary Internet FilesVContent.lE5\Z3NWF6QHVUSRI3- 0038%20chambers%20feedlot[7 t.docx 2. Show the approved Colorado Department of Transportation (CDOT) and Weld County accesses on the plat and label with the approved access permit numbers. 2. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. Development Standards (notes on the plat): 1. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 2. The historical flow patterns and runoff amounts will be maintained on the site. 3. Weld County is not responsible for the maintenance of onsite drainage related features. 4. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. C:AUsers\kfordAAppDataALocalAMicrosoflAWindows\Temporary Internet FilesVContent.lE5\Z3NWF6QHVUSRI3- 0038%20chambers%20feedlot[7 t.docx COLORADO Memorandum TO: Michelle Martin, Weld County Dept. of Planning Services FROM: Troy Swain, Weld County Dept. of Public Health & Environment, Environmental Health Division DATE: July 19, 2013 SUBJECT: Chambers Feedlot USR 13-0038 The Department has reviewed the application for the expansion of an existing feedlot and recommends the following conditions be adopted in the Use by Special Review Permit: We recommend that the following requirements be incorporated into the permit as development standards: I. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation 81 (5 CCR 1002-81) and 61 (5 CCR 1002-61). 2. The facility shall maintain registration as a Confined Animal Feeding Operation (CAFO) with the Colorado Department of Public Health & Environment upon reaching the head count threshold. 3. There shall be no discharge of manure or wastewater to surface waters, unless allowed by Regulation 81 or by CAFO Colorado Discharge Permit issued in accordance with Regulation 61. 4. Prior to wastewater entering new or expanded impoundments, the facility shall demonstrate compliance with the setback to water wells, separation from seasonal high groundwater, and that the impoundment's liner(s) sheet the seepage rate standards required by Colorado Water Quality Control Commission Regulation Number 81. 5. Land applications of manure and wastewater shall be made at agronomic rates using practices and procedures, which arc protective of ground and surface waters. Land applications shall be in accordance with the facilities Manure and Wastewater Management Plan, Facility Management Plan, or Nutrient Management Plan. Thcrc shall be no discharge from land application areas except for agricultural stormwater. 6. The facility shall control fugitive dust on this site and install/operate (as necessary) a water sprinkler system and/or water truck to control dust. The facility shall control fugitive dust on this site and operate in accordance with their current approved Management Plan for Nuisance Control. 7. The facility shall be operated in a manner to control pests. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional control measures shall be implemented at the request of the Weld County Department of Public Health & Environment in the event that rodents (which can be determined to be associated with the facility) are in such a number to be considered a nuisance condition. 8. The facility shall be operated in a manner to control flies. The facility shall be operated in accordance, at all times, with their current approved Management Plan for Nuisance Control. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health & Environment in the event that flies (which can be determined to be associated with the facility) arc in such a number to be considered a nuisance condition. Additional controls shall also be implemented in the event the Weld County Department of Public Health and Environment receives a significant number of fly (associated with facility) complaints, and in the judgment of the Weld County Health Officer, there exists a fly condition requiring abatement. 9. The facility shall be operated in a manner to control odors and in accordance with their approved nuisance control plan. Odors detected off site shall not equal or exceed the level of fifteen -to -one dilution threshold, as measured using methods set forth in Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall 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 facility meet or exceed the level of fifteen -to -one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. 10. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The surface beneath the manure storage areas shall be of materials which are protective of State waters. These areas shall be constructed to minimize seepage or percolation of manure contaminated water. In no event shall the facility impact or degrade waters of the State in violation of Regulation 81. I I. The facility shall provide adequate drinking water, hand washing, and toilet facilities. 12. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be permitted, installed, maintained and operated in compliance with all provisions of the Weld County Code, pertaining to I.S.D.S. Existing systems must be evaluated and permitted in accordance with Weld County Department of Public Health and Environment policy and all applicable provisions of the Weld County Code pertaining to I.S.D.S. 13. The facility shall operate in compliance with applicable Colorado Air Quality Control Commission Regulations. There shall be no open burning except "agricultural open burning" as defined by Colorado Air Quality Control Commission's Regulation 9. 14. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. 1.5 Waste materials, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 16. If applicable, the applicant shall obtain stornnvater discharge permit coverage for construction activities from the Colorado Dept. of Public Health & Environment, Water Quality Control Division. Diana Aungst From: gloria.hice-idler [mailto:gloria.hice-idler@state.co.us] Sent: Monday, August 12, 2013 12:04 PM To: Glen Czaplewski; Diana Aungst; Chris Gathman SH 14 - I've been contacted by several residents in the area who have advised me that I may have not have seen the whole picture with this proposal. As a result I have visited the site and they may be correct. The residents are telling me that this is proposed dairy expansion with increased traffic. As a result I will need a traffic impact study to address the increase and to determine if highway improvements are necessary. I've also been told that there are drainage issues in this area and there is concern that this use will worsen that situation. CDOT will want to see some kind of drainage study to verify that historical volumes are maintained. 1 Diana Aungst From: Sent: To: Subject: Diana, Hice-Idler - CDOT, Gloria [gloria.hice-idler@state.co.us] Monday, June 24, 2013 11:22 AM Diana Aungst USR13-0038/Loren Chambers Trust I've reviewed the above proposal and because it appears to be an expansion, CDOT has the warrant for re- evaluation. We offer the following: 1. Projected ROW in this area of SH 14 is 100' either side of the highway centerline. 2. It appears that there are a couple of direct accesses to the state highway. CDOT would request that the applicant reduce that number by 1/2. We are willing to allow the applicant to determine which access(es) should be removed and which can stay. Access permits will be required for any removal and for any access proposed to remain. 3. Historical drainage shall not be increased as a result of this expansion. Please contact me if you have any questions. Gloria Hice-Idler Region 4 Permit Manager State of Colorado, CDOT Region 4 Permits 1420 2nd Street, Greeley, CO 80631 office: 970.350.21481 cell: 970.381.24751 fax: 970.350.2198 email: Gloria.Hice-Idler@state.co.us `PLEASE NOTE: As of October 8, 2012, my email changed to Gloria.Hice-Idler@state.CO.LIS. Please update your address book accordingly. Thank you! 1 DEPARTMENT OF NATURAL RESOURCES I DIVISION OF WATER RESOURCES July 10, 2013 Diana Aungst Weld County Planning Services Transmission via email: daungst@co.weld.co.us RE: Schleining Genetics, LLC Case No. USR13-0038 NE'/< Sec. 18, T7N, R65W, 6th P.M. Water Division 1, Water Districts 1 & 3 Dear Ms. Aungst: John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director We have reviewed the above referenced proposal for a site specific development plan and amended use by special review to expand an existing cattle feedlot from 1,600 head to 9,600 head. The submitted material does not appear to qualify as a "subdivision" as defined in § 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The feedlot is currently supplied water by the North Weld County Water District (NWCWD). The District most recently provided updated supply and demand information via the Tri-Districts on December 18, 2012. The document shows that the District's firm yield supply of 6,392 acre-feet exceeds its dry year planning demand of 4,702 acre-feet. The proposal includes a waste management plan consisting of an expanded water storage pond in the south central portion of the facility and newly constructed and expanded existing water storage ponds in the south and central part of the property. The ponds will be constructed to contain runoff from the open lot and commodity storage areas. The ponds will be lined with a compacted clay liner. The water storage pond(s) are proposed to be dewatered to farm ground owned by the feedlot as well as to adjacent property owners. Precipitation that falls on the site is tributary water and is a public resource, subject to appropriation through the prior appropriation system. Therefore, the precipitation collected in the water storage ponds may not be detained for longer than 72 hours or diverted for any beneficial use without first obtaining a court -approved plan for augmentation or a substitute water supply plan approved by the State Engineer. If you or the applicant has any questions, please contact Sarah Brucker of this office. Sincerely, JW/srb: Schleining Genetics USR13-0038 Joanna Williams, P.E. Water Resource Engineer Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Submit by Email Weld County Referral June 24, 2013 The Weld County Department of Planning Services has received the following item for review: Applicant: Chambers Loren Sr. Trust, c/o Schleining Case Number: USR13-0038 Genetics, LLC Please Reply By: July 22, 2013 Planner: Diana Aungst Project: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT (SUP -219) FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A LIVESTOCK CONFINEMENT OPERATION (9,600 HEAD DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT. Location: SOUTH OF AND ADJACENT TO HWY 14; WEST OF AND ADJACENT TO CR 39 Parcel Number: 070918000022-R0912386 Legal: ALL NE4 SECTION 18, T7N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency vision of Water Resources Date 7/1O/13 Weld County Planning Depl. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext 3540 (970) 304-6498 fax Hello