HomeMy WebLinkAbout20130122RESOLUTION
RE: ACTION OF BOARD AT FINAL DETERMINATION HEARING CONCERNING
RESCINDING USE BY SPECIAL REVIEW PERMIT #1590 - CONTRERAS FARMS,
INC.
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 August 22, 2007, the Board approved the application of Contreras
Farms, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1590 for
an Agricultural Services Establishment, including a Livestock Confinement Operation (a calf
raising operation for up to 5,000 head) in the A (Agricultural) Zone District on the following
described real estate, to -wit:
Lot B of Recorded Exemption #3515; being located
in a portion of the W1/2SW1/4, and all of the
E1/2SW1/4 of Section 19, Township 7 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Department of Planning Services notified the applicant of outstanding
Conditions of Approval and items to be completed prior to recording the plat, by letters dated
June 29, 2009, July 23, 2010, and August 4, September 26, and December 9, 2011, and
WHEREAS, on the 9th day of January, 2012 an Initial Hearing was held at which time
the Board deemed it advisable to grant additional time to meet all of the conditions/requirements
of approval and set a Final Determination Hearing for January 9 2013, to consider Rescission
of approval of Use by Special Review Permit #1590 and Denial of the application. Additionally,
the applicant was required to submit quarterly status reports to the Department of Planning
Services to be forwarded to the Board for review, with instruction that the site not exceed the
current number of animals on the property until compliance was achieved, and an option to
move the hearing date up, with a two-week notice, if necessary.
WHEREAS, at said hearing, on January 9, 2013, Jorge Contreras was present, and was
represented by Tim Naylor, AGPROfessionals, LLC, 4350 State Highway 66, Longmont,
Colorado 80504, and
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to
refer the matter back to the Department of Planning Services staff to work with the applicant to
address the remaining issues and record the plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the matter be referred back to staff to work with the applicant to
address the remaining issues and record the plat.
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2013-0122
PL1901
INITIAL HEARING CONCERNING RESCINDING USR #1590 - CONTRERAS FARMS, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2013.
ATTEST:
Weld County Clerk to the Bo
BY.
APP
ounty Attorney
Date of signatureJAN 1 5 2013
Sean P. Conway
BOARD OF COUNTY COMMISSIONERS
WELD COVt ? Y, COLORADO
((.4:17:/ � —
William F. Garcia, Chair
rC c- per'—)
Douglak RadenY the em
Mike Freeman
i
Barbara Kirkmeyer
cp
2013-0122
PL1901
WEL0 NTT
MEMORANDUM
TO: Weld County Commissioners
DATE: January 9, 2013
FROM: Chris Gathman N
SUBJECT: USR-1590 Status
Timeline:
• Approved by the Board of County Commissioners 6/20/2007.
• Late Plat Notice Letter sent dated 6/29/2009.
• 7/8/2009 - AGPRO indicates has been contracted by Mr. Contreras to work with him on finalizing
conditions of approval (request of 120 additional days to finalize the USR).
• 8/2009 - Visit to site re: discharge of process waste water.
• Open burning memo from Troy Swain — Public Health dated 10/5/2009.
• Late plat notification letter sent 7/23/2010.
• Letter response from applicant dated 8/12/2010 indicating AGPRO has designed new pond (to
replace previous pond) to meet CAFO requirements — request of 180 days.
• Late plat notification letter sent 7/22/2010
• Discharge complaint investigation 7/19/2011.
• Late plat notification letter sent via certified mail 8/4/2011
E-mail from Troy Swain in response to Discharge complaint investigation 8/12/2011.
• Certified mail receipt received from Contreras 8/15/2011.
• 2n° late plat notification letter sent via certified mail 9/26/2011
• Certified mail receipt received from AGPRO - 9/29/2011
• Certified mail receipt received from Contreras — 10/12/2011
• Letter from the Colorado Department of Public Health & Environment (CDPHE) dated 11/9/2011
granting an extension until 12/16/2011 to address wastewater containment.
• 3rd late plat notification letter sent via certified mail 12/9/2011
• Certified receipt received from AGPRO - 12/16/2011.
• Certified receipt received from Contreras — 12/22/2011.
• Letter from CDPHE dated 1/5/2012 grants an extension until 2/24/2012 to submit a plan to
addressing improvements to be installed to address wastewater containment and requiring that
improvements be implemented no later than 6/29/2012.
• 1/9/2012 — Board of County Commissioners scheduled a hearing for consideration of rescission
and denial of USR-1590 if adequate progress has not been made for 1/9/2013
• Temporary Substitute Water Supply Plan approval extended to 5/31/2013.
• Updated Substitute Water Supply Plan and mineral letter submitted — 11/30/2013.
• Nuisance Management Plan submitted — 12/21/2012.
• CAFO Permit application submitted to Colorado Department of Public Health and Environment
(CDPHE) on 12/27/2012.
Remaining Outstanding Conditions of Approval:
At the 1/9/12 hearing: All conditions of approval (including the all of the State of Colorado CAFO requirements)
were still outstanding.
As of 1/8/12 — The applicant has addressed six conditions of approval (1.A, 1.B, 1.H, 1.1, 1.J & 1.L). Conditions
of approval 1.C through 1.G and Condition 1.K are still outstanding. Of these conditions:
Condition 1.C — Management Plan for Nuisance Control has been submitted and is under review by the
County Environmental Health Department.
Conditions of Approval 1.D though 1.G refer to CAFO requirements and Colorado Water Control Commission
regulation No. 81 (CDPHE requirements). A CAFO permit application was submitted to the Colorado
Department of Public Health and Environment (CDPHE) for review and approval on 12/27/2012.
Condition of Approval 1.K — Due to this being an outstanding zoning violation that was brought before the
Board of County Commissioners violation hearing before the USR application was submitted an investigation
fee (50% of the application fee) was required. Staff could not find documentation that this fee has been paid.
Staff Recommendation:
Given that substantial progress has been made by the applicant to address the outstanding conditions of
approval and that several conditions of approval are reliant upon CDPHE approval before being satisfied.
Staff is requesting that this rescission hearing be continued for seven (7) months to allow the remaining
conditions of approval to be addressed or refer this case back to staff.
December 27, 20112
GPROfessionals, LLC
DEVELOPERS Of AGRICULTURE
Mr. Chris Gathman
Weld County Department of Planning Services
1555 171h Avenue
Greeley, CO 80631
Subject: USR-I 590 Contreras Farms
AGPRO Project #1307-01
Dear Chris:
This letter is to verify the Conditions of Approval for USR-1590 have been completed prior to
recording the plat. The following conditions have been met as shown with the submitted
documentation. Please forward the information to the corresponding departments for their review.
1A. Lighting: No additional lighting is proposed.
1B. Improvements Agreement: No further improvements beyond what is currently on the site
are proposed.
1C. Nuisance Management Plan: A Nuisance Management Plan was submitted for approval on
12/21/2012.
11). Reg. 81 Wastewater Impoundments: A Confined Animal Feeding Operation (CAFO)
permit has been submitted to the State of Colorado on 12/27/2012. See the attached CAFO
permit application for details of compliance.
1E. Reg. 81 Best Management Practices: Please see the attached CAFO permit application for
details.
1F. Reg. 81 Impoundment Setbacks: Please see the attached CAFO permit application for
details.
1G. Discharge Permit: Please see the attached CAFO permit application for details.
IH. Parking and Circulation: Parking and circulation are shown on the plat submitted on
12/21/2012.
IL Surface Use Agreement: A letter and SUA was submitted on 11/30/2012.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 ❑ Longmont, CO 80504
970.535.9318 / office [ 970.535.9854 / fax a www.agpros.com
Page -2- of2
IJ. Signage Plan: No signage is proposed as shown on the plat.
1K Investigation Fee: It is my understanding that this has been paid in full. Please let me know
if there is an outstanding fee and I will address this with my client.
1L. Augmentation Plan: An approved substitute supply plan has been provided to Weld County
Planning on 11/30/2012.
1M. Plat Amendments: The requested plat amendments have been incorporated into the plat
submitted on 12/21/2012
Please contact me at (970) 535-9318 or gczaplewski@agpros.com if you have any questions.
Very truly yours,
Glen Czaplewski
Planning Coordinator
Attachment:
CAFO Permit Application
AGPROfessionals, LLC
DEVELOPERS OF AGRICULTURE
December 27, 2012
CDPHE
Environmental Agriculture Program
DEHS-B2
4300 Cherry Creek Dr., South
Denver, CO 80246-1530
Re: Desperado Dairy CAFO general discharge permit application
AGPRO Project # 1307-02
Please find enclosed a new permit application to be covered under the general discharge
pennit for concentrated animal feeding operations, No. COA-932000, for Contreras Farms,
located in Weld County, CO.
AGPROfessionals is representing Contreras Farms. Please direct all correspondence
regarding the application to both parties. If you have any questions please do not hesitate to
contact me.
Sincerely,
Glen Czaplewski
Planner
Enclosure: CAFO Permit Application
CC: Jorge Contreras — Contreras Farms
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 ❑ Longmont, CO 80504
970.535.9318 / office ❑ 970.535.9854 / fax n www.agpros.com
Colorado Department of Public Health and Environment
Colorado Discharge Permit System
APPLICATION TO BE CERTIFIED
UNDER A GENERAL PERMIT
FOR CONCENTRATED ANIMAL FEEDING OPERATIONS
(PERMIT No. COA-932000)
GENERAL INSTRUCTIONS
Applicability: This application was prepared by the Colorado Department of Public Health and Environment's
Environmental Agriculture Program (Program) for use by an operator of any new, or existing and currently
operating Concentrated Animal Feeding Operation (CAFO) in Colorado, except those that:
I) Are a "Housed Commercial Swine Feeding Operation", as that term is defined at Section 25-8-
501(2)(b), of Colorado Revised Statutes; or
2) Discharge to waters of the state for which there is an applicable control regulation that limits the
quantity or concentration of total phosphorus or total nitrogen in discharges.
Application Due Dates: The operator of the AFO or CAFO must submit an application at least 180 days prior
to:
I) The date the operator wishes to be certified to discharge under the general permit; or
2) The expiration date of an existing permit if the operator seeks to continue with permit coverage
Permit Fee: Do not send payment with this application. You will be billed upon certification under the general
permit.
Annual permit fee — not to exceed $750 plus $.09 per animal unit, based on permitted capacity.
Application Completeness: All applications must be complete and accurate. Processing of the permit will not
begin until all information is received and the application is deemed "complete". For example, missing or
incomplete answers will result in delays in processing the application.
If you have questions on completing the application, please contact the Environmental Agriculture Program at
(303) 692-3523, or at (303) 692-3614. One complete original copy of the application must be submitted by
mail or hand -delivered to the following address:
Colorado Department of Public Health and Environment
Environmental Agriculture Program
DEHS-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
GENERAL INFORMATION
Regulation No. 81— Groundwater Protection Requirements: In addition to the CAFO surface water
discharge permit, CAFOs must ensure groundwater protection by meeting the requirements of Colorado Water
Quality Control Commission Regulation No. 81 (Regulation No. 81). These requirements are not included in a
CAFO permit and must be met by CAFO operators separate from the permit.
Regulation No. 81 requires CAFO operators to have and maintain documentation prepared by a professional
engineer, registered in the State of Colorado, certifying that the provisions of Regulation No. 81, section 81.8(2)
regarding impoundment liners and liner materials have been met. Refer to Regulation No. 81 for details
regarding this and additional requirements.
Water Rights: A Colorado Discharge Permit System permit issued by the Department of Public Health and
Environment does not constitute a water right and does not negate the necessity to secure necessary water rights.
Application for COA-932000 I of 8
Revised: December 2011
For CAFOs with an existing Colorado discharge permit, there is no guarantee that the proper water rights are in
place. The Colorado Department of Natural Resources' Division of Water Resources has indicated that capture
and retention of precipitation and storm water has the potential for material injury to a water right. As a result,
the Division of Water Resources needs to determine that material injury to a water right will not occur from
such activities. If you have questions on the issue of water rights, please contact the Division of Water
Resources at:
Colorado Department of Natural Resources
Division of Water Resources
1313 Sherman Street, Rm. 818
Denver, CO 80203
(303) 866-3585
Stormwater General Permit: Certification under a Stormwater General permit is required if construction of
your facility, or parts thereof, disturb one or more acres in total land area. Information about such a certification
can be obtained by calling (303) 692-3517.
Application for COA-932000 2 of 8
Revised: December 2011
APPLICATION TO BE CERTIFIED
UNDER THE GENERAL PERMIT
FOR CONCENTRATED ANIMAL
FEEDING OPERATIONS
COLORADO DISCHARGE PERMIT
No. COA-932000
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INSTRUCTIONS:
• Type or print legibly.
• If an item is not applicable to your facility, please indicate this in the appropriate section.
• Attachments A, B and C must be included in order for the application to be deemed complete.
• Label each attachment/drawing with the name of the attachment/drawing and the name of the CAFO
facility.
1. Application Type:
New X Expansion ❑
Renewal (re -certification from previous general permit) n
Amendment n Please describe:
II. Permit Applicant Information:
A) Facility Owner (please enter the name of a person(s), company, LLC, etc., as applicable):
Contreras Farms, Inc.
Mailing Address, City, State, Zip: 30189 WCR 78 Eaton CO 80615
Phone Numbers: (Office) none
E-mail: contrerasfann@aol.com
(Cell) (970) 371-4944
Fax: none
B) Facility Operator (please enter the name of a person(s), company, LLC, etc., as applicable):
Contreras Farms, Inc.
(Please note: The permit certification typically will be issued to the facility operator.)
Mailing Address, City, State, Zip: 30189 WCR 78 Eaton CO 89615
Phone Numbers: (Office) none
E-mail: contrerasfarm@aol.com
(Cell) (970) 371-4944
Fax: none
C) Legal Contact Person: Jorge Contreras Email: contrerasfarm@aol.com
Is this person also the registered agent for the company, LLC, etc? Yes ® No ❑ N/A ❑
If no, who is the registered agent?
Phone Numbers: (Office) none (Cell) (970) 371-4944 (Fax) none
D) On -site Contact Person: Jorge Contreras
Phone Numbers: (Office) none (Cell) (970) 371-4944 (Fax) none
Application for COA-932000 3 of 8
Revised: December2011
IV. Design and Discharge Information (continued):
D) Type of wastewater management system (not including solids separating basins) (indicate number of
each):
Single -stage retention pond: 1 Two -stage retention ponds:
Three -stage retention ponds: Above ground holding tank:
Below ground holding tank: Under floor pit:
Evaporation pond (designed for 10 -year period of maximum rainfall):
Other (please describe):
Number of solids separating basins:
V. Wastewater and Manure Management Information:
A) Total number of land application sites: 2
B) Total acres owned by or under the control of applicant for land application: 76
C) Gallons of process wastewater produced per year (estimate): 1,977,897
D) Estimated wastewater volume released to third parties: (indicate % of total production): 0
E) Tons of solid manure produced per year (estimate): 1,643
F) Estimated amount of solid manure released to third parties: (indicate % of total production) 98-100
VI. Certification of Design Calculations, Drawings, and Specifications
A) Existing facilities. Certify below as to design calculations, drawings, specifications, tables, and other
relevant documents as required under section 61.I7(5)(c)(ix) of Regulation No. 61. Certification
must be provided by a professional engineer (P.E.) registered in Colorado.
Include a summary table providing the following information:
I) Impoundment name
2) Impoundment volume at two feet of freeboard or other approved freeboard level
3) Impoundment volume at spillway or impoundment overflow level
4) Volume of runoff from area tributary to the impoundment during the design storm event
5) Volume of process water runoff and storage (i.e. parlor water, etc.)
6) The storm event (25 -year, 24 -hour or Chronic) for which each impoundment was designed (that
is, the storm event from which an impoundment will receive the greater volume of runoff)
Application for COA-932000 5 of 8
Revised: December 2011
CERTIFICATION
I, _Chad TeVelde , being a duly registered professional engineer
(P.E.) in the State of Colorado, do hereby certify the following:
/1 That the volume of process wastewater runoff generated for each impoundment was calculated
as required in section 61.17(5)(c)(ix)(A) of Regulation No. 61.
® That drawings of each impoundment as required under Regulation No. 61, section
61.17(5)(c)(ix)(B) have been prepared.
® That a properly designed and constructed spillway is in place at each discharging impoundment,
unless the Program has determined that a spillway is not required pursuant to 61.17(8)(a)(ii).
• That accurate, permanent depth markers are in place as required under 61.17(5)(c)(ix)(D).
That two feet of freeboard, or other freeboard level approved by the Program, exists in each open
surface impoundment and terminal tank, as required under 61.17(5)(c)(ix)(E).
® That clean water is diverted, as appropriate, from the production areas, manure stockpiles, and
composting areas as required under 61.17(5)(c)(ix)(F).
® That structures used to divert process wastewater from the production areas are sized as required
under 61.17(5)(c)(ix)(G).
® That all impoundments, tanks, manure stockpiles, or composting areas located within a 100 -year
floodplain are protected from inundation and damage from 100 -year or smaller flood events.
Dated this 21st day of December
Signed and Certified by:
,2012
*Please Note - Work prepared under the control and direction of the signatory P.E. must contain the P.E.'s seal.
Work done by others that the P.E. did not control or direct must have an accompanying letter
indicating that the P.E. has reviewed such work and that it meets the regulatory requirement.
Application for COA-932000 6 of 8
Revised: December 20l I
VI. Certification of Design Calculations, Drawings, and Specifications (continued)
B) New facilities other than swine, poultry and veal calf CAFOs -Submit the certification and summary
table specified above in VI.A), at least 60 days prior to the time the operator desires permit coverage.
The balance of the permit application must be submitted at least 180 days prior to the time the
operator desires permit coverage (e.g., prior to the time the operator desires to place animals on the
operation).
C) New swine, poultry and veal calf CAFO facilities - Submit the certification and summary table
specified above in VI.A), at least 60 days prior to the time the operator desires permit coverage.
Also, certify:
❑ There will be no discharge of manure or process wastewater into surface water from the
production area;
OR
❑ The CAFO utilizes storage structures that are designed, operated, and maintained in accordance
with the requirements of Regulation No. 61, section 61.17(6)(b)(iv)(A) to meet the no discharge
requirement. Submit documentation supporting the technical evaluation required by
61.17(6)(b)(iv)(A), if performed.
VII. Nutrient Management Plan
All CAFOs must develop and implement a Nutrient Management Plan (NMP) that meets the requirements
of Regulation No. 61.17(8)(b). A complete NMP must be included within Attachment D of this
application.
Has the CAFO developed and implemented a Nutrient Management Plan, including all terms of the NMP
as required in Regulation No. 61, section 61.17(8)(b)(xii)?
X Yes O No
Does the CAFO operate according to the NMP?
X Yes ❑ No
Was the NMP prepared or approved by a certified nutrient management planner?
X Yes ❑ No
(Note: The permit does not require CAFO owners or operators to use a certified nutrient management
planner to prepare or approve nutrient management plans)
VIII.Alternative Performance Standards (not applicable to new source swine poultry and veal calf CAFOs):
If requesting alternative performance standards, provide the information required in section 61.17(7) of
Regulation No. 61, and any additional information requested by the Program pursuant to Regulation No.
61, section 61.4(1)(k).
Application for COA-932O00 7 of 8
Revised: December 2011
IX. Additional Certification Requirements:
By signing and submitting this application for coverage under the General Permit for Concentrated
Animal Feeding Operations (Permit No. COA-932000), the applicant certifies:
1) That the CAFO facility is not a "Housed Commercial Swine Feeding Operation", as that term is
defined at Section 25-8-501(2)(b), of Colorado Revised Statutes; or
2) The discharge is not to waters of the state for which there is an applicable control regulation that
limits the quantity or concentration of total phosphorus or total nitrogen in discharges; and
3) That design calculations, drawings, specifications, and other relevant documents required in section
61.17(5)(d)(ix) of Regulation No. 61 are available at the location` identified in the General
Instructions section of this application or another site agreed to by the Program and will be provided
to the Program upon request.
X. Signature of Applicant:
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based on my inquiry of the person or persons who manage the
facility, or those persons directly responsible for gathering the information, the information submitted is to
the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations."
Signature o Applicant Date Signed
`moorge(onAtera5
Name (printed)
Orin -P,\(
Title*
*If the signer is an officer or owner of a company that operates or owns the facility, please so note,
Application for COA-932000 8 of 8
Revised: December 2011
Chad TeVelde
Professional Engineer
AGPRO
COMPLETE LAND & RESOURCE SOLUTIONS
Pond Capacity Certification
Facility Name- Contreras Farms, Inc.
November 5, 2012
To the Best of my knowledge I certify that the below referenced ponds are constructed to the current
requirements of Colorado Department of Public Health and Environment Regulation CCR 61.17.
Design Volume
Waft Total Volume at
freeboard Ton of Soigwav
Contributing
Watershed
Runoff from Process
Area Water Runoff
Tributary" and Storage
Applicable
7.9 ac -ft
8.7 ac -ft
34 acres
7.1 ac -ft
0.8 ac -ft
25yr-24hr Storm
Pond
Event 3.40"
• Includes direct precipitation on pond surface
Calculations were completed under the direct supervision of Travis Hertneky, P.E. in the State of Colorado
on January 12, 2011. AGPROfessionals has reviewed and added process water runoff
and s. as t e ' , ormation.
ENGINEERING, SURVEYING, PLANNING CONSULTING
4350 Highway 66 Longmont, CO 80504
970.535.9318/office 970.535.9854/fax www.agpros.com
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Attachment C
Include:
A Standard Operating Procedure for measuring and recording precipitation to a detection limit of 0.1 inch.
Application for COA-932000 Attachments
Revised: November 2011
AGPROfessionals, LLC
DEVELOPERS OF AGRICULTURE
ATTACHMENT C
Standard Operating Procedure for Precipitation Measuring and Recording
The Colorado Department of Health & Environment General Permit for CAFOs requires
that each permitted facility to implement a standard operating procedure per Subsection
61.17(5)(c)(xi) for measuring and recording precipitation at the permitted facility.
General
One precipitation gauge is located at the facility. It is installed where there will be no
obstruction of precipitation reaching the gauge. The gauge is constructed and calibrated
to measure precipitation to 0.1 inch and has a capacity of at least 5.0 inches. The gauge
is located near the office.
Inspection
The rain gauge will be inspected on a routine basis (monthly) to ensure: 1) it is securely
mounted and in proper working order, i.e., no cracks or breaks; 2) there is nothing
obstructing the opening that would prevent precipitation from entering the gauge; and, 3)
that any foreign material inside the gauge is removed. The inspection will be documented
on the Facility Inspection checklist. Each time a precipitation measurement is taken each
rain gauge will be observed for cracks, breaks or anything else that would prevent an
accurate measurement.
Measuring and Recording
When a precipitation event begins an authorized person will record the date and time.
The gauge shall be read at the end of each precipitation event or at least every 24 hours
during long precipitation events. Each time a measurement is taken, the following
information is recorded:
1. Date
2. Beginning and ending times of precipitation event (or amounts every 24 hours
during long precipitation events)
3. Amounts of precipitation to the nearest 0.1 inch, including snow.
After the measurement is taken and information is recorded, the precipitation will be
poured out of the gauge and placed back in its mount.
Recordkeeping Requirements
All precipitation measurements will be recorded on the precipitation log in the facilities'
record keeping book. This information is to remain on -site for 5 years and be available
for inspection and copying by the Director of Colorado Department of Health &
Environment and/or authorized representatives.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 • Longmont, CO 80504
970.535.9318 / office • 970.535.9854 / fax • www.agpros.com
Attachment D
Include:
A copy of the facility's Nutrient Management Plan that meets the requirements of section 61.17(8)(b) of
Regulation No. 61
Application for COA-932000 Attachments
Revised: November 2011
Colorado Department of Public Health and Environment
Environtnenttl Agricultm•e Program
CAFO Nutrient Management Plan (NMP)
I. GENERAL INFORMATION
FacilltyName: Contreras Farms, Inc NPDES Permit Number:
Owner/Operator: Contreras Farms. Inc
Facility Physical Address: 30189 GR 78
City; Eaton State: .QQ Zip code: $0615
Facility Phone: 970-371-4944 Email/Cell No,:contrerasfarrn@aol.co;n/970-371-4944
CERTIFICATION STATEMENT
I cent, under penalty gflaw that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Bared on my inquiry °jibe person or persons who manage the ,system, or those persons directly responsible for
gathering the Information, the Information submitted is to the best of my knowledge and belief true, accurate and complete.
lam aware that there are sign flIcampenaltiesforsubmitting false information, including the possibility offine and
imprisonment for knowing violations
A. NAME AND OFFICIAL TITLE (PRINT OR TYPE)
hoc e C,onor-reran Own -e{
C. SIGNA RE
B. PHONE NUMBER
q70-371—ggryu
D. DATE SIGNED
►9lat/Ia
II. NUTRIENT MANAGEMENT PLAN INFORMATION'
NMP Public Notice Date: NMP Approval Date:
NMP Implementation Date: _ NMP Revision Dater:
Permit Expiration Date:
'The Env/ronmentnt AgProgram can provide this Information ((not brown.
'Note to CAFOs• To revise a NMP the CAFO must provide the Ag Program the mart current version ofthe NMP and
identify changes front the previous version (nefembty in track changes or otherwise highlighted and clearly identified). The
Ag Program will review the revised NMP to ensure that it meets applicable requirements including effluent standards. lithe
NMP changes necessitate revision to the terms incorporated into the CAFO's permit, the Ag Program will determine fsuch
changes are substantial as described in Colorado Water Quality Control Commission Regulation No. 61, Colorado
Discharge Permit System Regulations, SCCR 1002-64( Regulation No. 61).
((the changes are deemed to he non -substantial, the Ag Program will revise the teens ojthe NMP that are already
incorporated into the permit, notes the to mmer or operator, and inform the public of such changes (public notice not
requiret0. The revised NMP will then be added to the permit record.
If the changes to the terns ofthe NMP are deemed substantial, the Ag Program will provide public notice regarding the
proposed changes on the CDPHE's wehskefora period of 10 business days. Information submitted by the CAFO in support
of the NMP changes will be available for public review and comment upon request during this time. Once changes to the
terms ofthe NMP are incorporated into the permit, the Ag Program will noto, the CAFO and inform the public of the final
decision concerning changes to the terms and conditions of the permit.
ASSOCIATED RECORDS: A current and approved version of the Nutrient Management Plan is kept on -site at
the permitted facility at all times.
NM? for Contreras Farms, Inc Page I of 25
III. STORAGE OF MANURE AND PROCESS WASTEWATER
Adequate storage of manure and process wastewater is maintained, including the implementation of procedures
to ensure proper operation and maintenance of the impoundments and tanks. [Regulation No. 61.17(8)(b)(iii)]
The following procedures are followed by the facility:
(A) Except during the designed storm event, manure and process wastewater stored in impoundments and terminal tanks is
removed as necessary to maintain a minimum of two feet of freeboard or the Program -approved alternative freeboard
level.
(B) Whenever the design capacity of impoundments and tanks is less than the volume required to store runoff from the
designed storm event, the structures are dewatered to a level that restores the required capacity as soon as soils on a
land application site have the water holding capacity to receive process wastewater.
rq: af� %Kk. �. ...
Manure volume generated annually by the facility: 1,643 tons
Process wastewater volume generated annually by the facility: 1.98 million gallons
Impoundment/
Tank/Drainage Basin ID
Total Capacity
to Hold all
Wastes Accumulated
During the Storage
Period (acre-feet)
Total Capacity Required to
Contain
Contain Storm Event Runoff
and Direct Precipitation
(acre-feet)
Total Capacity Available
(acre-feet)
Pond
0.8
7.1
7.9
Manure Storage Area
ID
Amount of Manure Produced
(tons/year)
Total
Manure
Amount of Non -Pen Area
Storage Available
(estimated tons)
Manure Storage
1,643
9,758
Manure is transferred to a third
Manure is stockpiled in pen
pens and anyplace on the
ASSOCIATED RECORDS:
No
No Note: Manure may be stockpiled in and around
impoundment.
storage of manure and process wastewater:
structures, including volume of solids accumulation,
number of days of storage capacity.
stored in impoundments are removed (i.e. pumping records)
or the Program -approved alternative freeboard level.
wastewater in the liquid impoundment(s) and terminal storage
include notation of the design storm pump -down level for each
water or cooling lines.
party? / ,
Yes ❑
area? ❑
facility that drains
Yes 0
to an
ensure adequate
all manure storage
and approximate
wastewater
feet of freeboard,
and process
Records
including drinking
The facility maintains the following records to
1) Records documenting the current design of
design treatment volume, total design volume,
2) Records documenting that manure and process
as necessary to maintain a minimum of two
3) Weekly records of the depth of the manure
tank as indicated by the required depth marker.
impoundment.
4) Daily records of inspections of water lines,
NMP for Contreras Farms, Inc
Page 2 of 25
IV. ANIMAL MORTALITY MANAGEMENT
Animal mortalities (i.e., dead animals) are managed to prevent discharge of pollutants to surface water.
Mortalities remain on the production area until disposal and are managed to ensure that they are not disposed of
in a liquid manure, storm water, or process wastewater storage system that is not specifically designed to treat
animal mortalities. [Regulation No. 61.17(8)(b)(iv)]
Method of Animal Mortalities Handling
❑ Composting
(check all that are applicable):
Cl Rendering
❑ Burial
❑ Other:
Mortality Storage Area B)
Drainage
Impoundment./ Tank/Drainage
Basin ID
SE Shed
Drains to
N/A — Covered shed
Drains to
Drains to
Drains to
ASSOCIATED RECORDS:
to document proper management of mortalities:
animal mortalities are not disposed of in liquid manure, storm water, or process
not specifically designed to treat animal mortalities. Such records are maintained for a
created.
The facility maintains the following records
1) Documentation demonstrating that
wastewater storage system that is
period of five years from the date
V. DIVERSION OF CLEAN WATER
Clean water is diverted, as appropriate, from the production area (i.e., from holding pens, manure and process
wastewater storage systems, manure stockpiles, composting areas, etc.). [Regulation No. 61.17(8)(b)(v)]
Clean water is diverted from running onto the production area: ® Yes ❑ No
Clean water diversions used (check all that apply and indicate location where diversion is used):
Location Used:
❑ Berms
❑ Channels
® Natural Topography
• Other
West. North East
County Road to the South
ASSOCIATED RECORDS:
The facility maintains the following records to document appropriate diversion of clean water from production area:
1) Results of weekly visual inspections of the production area and weekly inspections of all storm water run-on diversion
devices and structures.
NMP for Contreras Farms, Inc
Page 3 of 25
VI. PREVENTION OF DIRECT CONTACT OF ANIMALS WITH SURFACE WATER
Confined animals arc prevented from having direct contact with surface water that is defined as waters of the
United States. [Regulation No. 61.17(8)(b)(vi)]
Waters of the United States means, in part:
a) All waters... susceptible to use in interstate or foreign commerce...;
b) All interstate waters...;
c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats,
wetlands' (including wetlands adjacent to waters identified in (a) through (e) of this definition), sloughs, prairie
potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or
could affect interstate or foreign commerce including any such waters:
1) Which are or could be used by interstate or foreign travelers for recreational or other purposes;
2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
3) Which are used or could be used for industrial purposes...;
d) All impoundments of waters otherwise defined as waters of the United States under this definition; and
e) Tributaries of waters identified in paragraphs (a) through (d) of this definition.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions.
2 Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the federal Clean
Water Act (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not
waters of the U.S. This exclusion applies only to manmade bodies of water which neither was originally created in waters
of the U.S. (such as disposal area in wetlands) nor resulted from the impoundment of waters of the U.S.
1. Waters of the United States flow through the production area? ❑ Yes ® No
2. Animals have access to waters of the United States? ❑ Yes ® No
3. If yes, list the measures (e.g. fencing) used in the production area to prevent direct contact of animals with
waters of the United States:
ASSOCIATED RECORDS:
The facility maintains the following records to document that animals are prevented from direct contact with waters of the
United Stales:
1) Documentation demonstrating prevention of direct contact of confined animals with waters of the U.S.
2) Records are maintained for a period of five years from the date created.
NMP for Contreras Farms, Inc Page 4 of 25
VII. CHEMICAL AND OTHER CONTAMINANT HANDLING
Chemicals and other contaminants are properly handled on -site and are not disposed of in any manure, storm
water, or process wastewater storage system unless specifically designed to treat such chemicals and other
contaminants. [Regulation No. 61,17(8)(b)(vii)]
Chemical disposal location: Dumpsters, oil is burned in heater
® Chemicals are used and empty containers are disposed of in accordance with manufacturer's guidelines
❑ No chemicals are used at the facility
❑ Other:
Chemicals storage location: Storage building
® Chemicals are not stored in a room with a floor drain that discharges outside (i.e., into the production area)
® Storage is covered
❑ Storage has secondary containment
® Chemicals arc stored in proper containers
O Other:
ASSOCIATED RECORDS:
The facility maintains the following records to demonstrate proper handling of chemicals and other contaminants:
I) Documentation demonstrating that chemicals and other contaminants handled on -site are not disposed of in any manure,
storm water, or process wastewater storage system unless specifically designed to treat such chemicals and other
contaminants.
2) Records are maintained on -site for at least five years from the date created.
NMP for Contreras Farms, Inc Page 5 of 25
VIII. CONSERVATION PRACTICES
Site -specific conservation practices are identified and implemented to control runoff of pollutants to surface
water. [Regulation No. 61.17(8)(b)(viii)]
Conservation practices include, but are not limited to the following:
• Solid manure is incorporated into the soils as soon as possible after application, unless the application
site has perennial vegetation or is no -till cropped, or except where this nutrient management plan
adequately demonstrates that surface water quality will be protected in areas where manure is not
incorporated.
• Application of process wastewater to furrow- or flood -irrigated land application sites in a manner that
prevents any process wastewater runoff into surface waters.
• When process wastewater is sprinkler -applied, the water holding capacity of the soil is not exceeded.
• Process wastewater is not applied to either frozen or flooded (i.e., saturated) land application sites.
• Manure or process wastewater is not applied within 150 feet of domestic water supply wells, or within
300 feet of community domestic water supply wells.
The facility implements the following best management practices to control runoff of pollutants to surface water.
(check all that apply)
Conservation Practice
*Land Application Site ID Where Practice is
Implemented
• Buffer
To Setback
NW and NE
■ Conservation Tillage
❑ Constructed Wetland
❑ Infiltration Field
❑ Grass Filter
❑ Terrace
■ Tail Water Pit
❑ Process wastewater is not allowed to reach end of field
❑ Other (describe):
❑ Other (describe):
❑ Other (describe):
_
'For land application sites where surface water is located In or down -gradient
ASSOCIATED RECORDS:
of the site.
-specific conservation practices:
practices have been identified and implemented to control
if used.
the date created.
The facility maintains the following records to document site
1) Documentation demonstrating that site -specific conservation
runoff of pollutants to surface water.
2) Copies of Ag Program approvals for alternative setbacks,
2) Records are maintained on -site for at least five years from
NMP for Contreras Farms, Inc
Page 6 of 25
IX. SAMPLING & TESTING OF MANURE, PROCESS WASTEWATER AND SOIL
Manure is analyzed a minimum of once per year for nitrogen and phosphorous content, and a minimum of once
every five years for soils for phosphorous content. The results are used to determine application rates for manure
and process wastewater. The following protocols are used to ensure appropriate sampling and testing of manure,
process wastewater and soil. [Regulation No. 61.17(8)(b)(ix)]
What is the frequency of manure,
Manure is transferred to a third
Process wastewater is transferred
Frequency of soil sampling for
Frequency of soil sampling for
litter and process wastewater
party? C4 Yes' ❑ No
to a third party? ❑ Yesu
nitrate: annually
sampling? annually
/ 1 No
5 years but typically every year
phosphorus: minimally every
Required
Sampling
Frequency
Required Analysis
Sampling Protocol
Testing Protocol
Manure
Annually2
Total Nitrogen
as
NNiittraatte(s(N)N)
Total Phosphorus568
CSU Cooperative
Extension (CSUCE)
A
❑ CSUCE
►'I Program -approved Method
(MDA certified lab)
Process
Wastewater
Annually2
Total Nitrogen
Ammonia (as N)
Nitrate (as N)
Total Phosphorus(requested
CSUCE 568 A
0 USEPA Method
❑ Program -approved Method
in writing)
Soil Nitrate
Annually at a
minimum3
Nitrate in necessary
zoo depth
P s)
❑ CSUCE 568 A
® "Methods of Soil Analysis,
Part 3, Chemical Methods"
❑ Program -approved Method
(requested in writing)
EI Other
SPeci
fY
CSU 0.5006
Soil
Phosphorus
Every five years
at a minimum4
°Phosphorus in necessary
depth zone(s)
• CSUCE 568 A
►1 "Methods of Soil Analysis,
O Other
Part 3, Chemical Methods"
❑ Program -approved Method
(requested in writing)
Specific
CSU 0.5006
I Note to CAFOs: Prior to transferring manure or process wastewater to other persons, Large CAFOs must provide the
recipient of the manure or process wastewater with the most current nutrient analysis. Large CAFOs must retain for five
years records of the date, recipient name and address, and approximate amount of manure or process wastewater
transferred to another person.
2 Manure and process wastewater are sampled and tested for nitrate as often as necessary to meet the application rate
calculation requirements.
3 If analyses are conducted more frequently than annual, the analysis results are kept on -site for five years.
4 Soils are sampled and tested for phosphorus a minimum of once every five years or as necessary to meet the transport risk
assessment requirements.
3 Appropriate soil sampling depths for phosphorus will vary by cropping system based on the description of the Soil Test
Phosphorus Risk Factor 2 from the Colorado Phosphorus Index Risk Assessment.
6 Soil will be routinely sampled to 2 feet for crops, I foot for grass/pasture
ASSOCIATED RECORDS:
The facility maintains the following records to document manure, process wastewater and soil testing:
I) A list of all protocols used for appropriate sampling and testing of manure, process wastewater and soil are maintained on -
site for at least five years from the date created.
2) Results from sampling and testing of manure, process wastewater and soil are maintained on -site for at least five years
from the date created.
NMP for Contreras Farms, Inc Page 7 of 25
X. LAND APPLICATION
Land application of manure or process wastewater is done in accordance with site -specific nutrient management
practices that ensure appropriate agricultural utilization of the nutrients in the manure or process wastewater.
[Regulation No. 61.17(8)(b)(x) through (xii)]
Map(s) of land application sites are included in Appendix A.
Fields utilized for land application of manure and/or process wastewater are listed in Table B-1 in Appendix B.
Intended crops for each land application field are listed in Table B-2 in Appendix B. However, any crop listed
might be planted, as determined by economics, field conditions at planting, and expected irrigation water
availability.
Realistic yield goal calculations for each crop arc included in Appendix C.
The methodology outlined in this section is adhered to each year in order to determine nutrient application rates,
as a term of the permit. Nutrient applications and field nutrient balances are projected for the next five years, but
these projections are for planning purposes only.
The basic application rates are determined in accordance with CSUCE Published Fertilizer Suggestions, or as
otherwise listed in Appendix D and are based on the following:
• The amount of N and P in the manure that will be plant available is determined using one of the fertilizer
suggestions for each crop.
Nitrogen application rates (commercial fertilizer + plant available manure N) will not exceed crop N
requirements (listed in Table 3), plus additional N needs, minus N credits:
Gross N Recommendation
+ Extra N Needed
Past Year Manure N Credit
— Soil Residual Nitrate
Total N Application
(Manure + Commercial Fertilizer)
• Nitrogen credits including past year legume credits, past year manure credits, and soil residual N to 2 feet (1
foot for grass and pasture, per CSU recommendations) will be determined in accordance with CSUCE
Published Fertilizer Suggestions, or other sources as listed in Appendix D, for each crop.
• Nitrogen needs might include nitrogen to mineralize high residue from the previous crop, for gazing a grain
crop, as a starter where no fertilizer is required, or to fertilize a second crop grown and harvested in the same
crop year.
• Given the variable mineralization potential of manure and losses of soil nitrate, it is not uncommon to need
to adjust nitrogen applications during the growing season. Appendix D outlines tools and methods that
might be used.
• The outcome of field -specific assessment of potential for nitrogen and phosphorus transport to surface water
for each field, using the USDA, NRCS Colorado Phosphorus Index Risk Assessment tool or other Division -
approved method. The Colorado Phosphorus Index Risk Assessment is detailed in Appendix E.
• Application calculations are included in Appendix F, including projected manure and process wastewater
applications and field nutrient balances for five years.
NMP for Contreras Farms, Inc
Page 8 of 25
ASSOCIATED RECORDS:
The facility maintains the following records to document land application in accordance with site -specific nutrient
management practices:
1) Documentation demonstrating that protocols established for land application of manure or process wastewater is
conducted in accordance with site -specific nutrient management practices.
2) Calculation records demonstrating appropriate agricultural utilization of the nutrients in the manure or process
wastewater.
XI. LAND APPLICATION EQUIPMENT INSPECTIONS
Manure and process wastewater is applied as uniformly as possible with properly calibrated equipment.
[Regulation No. 61.17(8)(b)(x)(B)]
1) Nutrient application equipment is calibrated at least annually? ® Yes 9 No
2) Method(s) of process wastewater application? flood
3) Method(s) of manure application? Custom hired when applied
4) Nutrient application equipment is inspected within the six month period prior to the first application of
manure or process wastewater? ® Yes 9 No
5) Nutrient application equipment is inspected daily when wastewater is being applied? el Yes ❑ No
ASSOCIATED RECORDS:
The facility maintains the following records to document equipment inspections:
1) Records documenting the date of periodic leak inspections of equipment used for land application of manure or process
wastewater.
NMP for Contreras Farms, Inc Page 9 of 25
XII.
Manure
tile
[Regulation
1)
2)
3)
line
100
line
A
open
applications
❑
A
better
❑
Please
SETBACK
and process
intake
No.
-foot setbacks
intake
Yes
35 -foot
tile intake
Yes
setback
than
Yes (please
describe:
structures,
structures,
■
vegetated
rI
alternative
the
REQUIREMENTS
wastewater
sinkholes,
61.17(8)(t)(iv)]
are used
sinkholes,
No
buffer is
structures, sinkholes,
of manure, litter,
No
(approved
reduction that
describe)
N/A
is
between
used
would
)I4
not applied closer than 100 -feet to any down -gradient surface waters, open
agricultural wellheads or other conduits to surface water.
land application sites and any down -gradient surface waters, open tile
agricultural wellheads, or other conduits to surface waters?
between land application sites and all down -gradient water of the U.S.,
agricultural wellheads, or other conduits to waters of the U.S. where
or process wastewater are prohibited within the buffer.
by the Ag Program) is used to provide pollutant reductions equivalent or
be achieved by the 100 -foot setback?
No (please explain)
The following combination of setbacks, buffers and/or approved alternatives are used, as indicated below:
Compliance Practice Implemented
1(1), (2) or (3) above,:
Land Application Site ID Where
Practice is Implemented:
Down -gradient Surface Waters
1
NW & NE
Open Tile Line Intake Structure
Sinkholes
Agricultural Wellheads
Other Conduits to Surface Waters
ASSOCIATED RECORDS:
The facility maintains the following records to document setback requirements:
I) Records documenting setbacks used, and/or Ag Program approval of any setback alternatives.
NMP for Contreras Farms, Inc Page 10 of 25
APPENDIX A
NUTRIENT MANAGEMENT PLAN TERMS (1- 6)
1) LAND APPLICATION FIELD MAPS
NMP for Contreras Farms, Inc
Appendix A
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APPENDIX B
NUTRIENT MANAGEMENT PLAN TERMS
2) LAND APPLICATION INFORMATION
NMP TERMS - 2) LAND APPLICATION FIELDS
All land application fields are listed below.
Table B -I — Land Application Fields
teltl x eufftr, infr fS :
litiliOT
n4it S.
y$p this a 4► r
NW
40.5570
-104.4855
29
NE
40.5570
-104.4818
47
Enter latitude in decimal degrees.
'Enter longitude in decimal degrees [number should be negative (eg. -104.3315)].
3Field acreages reduced by any setbacks, buffers, or otherwise unspreadable areas.
NMP for Contreras Farms, Inc Appendix B
NMP TERMS - 2) LAND APPLICATION
Potential crops or other uses for
rotation are listed per field. Additional
as field "all".
Table
CROPS
each land application
field are listed below. Crops in the 5 year
might possibly be grown on the operation are listed
Land Application Field Crops
crops that
—B-2 — Potential
x
- c
g` 1
Real
—
:
-
c
j L} k
a•��
r Fes,:.. �e -
met ,
All
Corn silage
13
Tons
County Stats
All
Corn Grain
50
Bu
County Stats
All
Sorghum silage
20
Tons
CSU Bulletin 568A
All
Sorghum grain
60
Bu
CSU Bulletin 568A
All
Sorghum hay
6
Tons
CSU Bulletin 568A
All
Sudex silage
10
Tons
CSU Bulletin 568A
All
Sudex hay
5
Tons
CSU Bulletin 568A
All
Triticale silage
5.5
Tons
County Stats, Calc
All
Triticale hay
2.4
Tons
County Stats, Calc
All
Wheat silage
5.5
Tons
County Stats, Calc
All
Wheat hay
2.4
Tons
County Stats, Calc
All
Winter wheat
grain
33
Bu
County Stats
All
wheat
Spring grain
27
Bu
County Stats
All
Oat silage
7
Tons
County Stats, Calc
All
Oat hay
2.4
Tons
County Stats, Calc
All
Oat grain
42
Bu
County Stats
All
Pasture/grass/hay
1.4
Tons
County Stats
All
Sugar Beets
30
Tons
County Stats
All
Millet
35
Bu
State Stats
All
Sunflower
1348
Lbs
County Stats
All
Dry Beans
2255
Lbs
County Stats
All
Kochia
4
Tons
UW
DL = dryland, kr = irrigated, dc = double cropped
NMP for Contreras Farms, Inc
Appendix B
APPENDIX C
NUTRIENT MANAGEMENT PLAN TERMS
3) EXPECTED CROP YIELD INFORMATION
Yield goals are based several sources and are indicated for each crop in Table B-2:
• County or State Stats - Ag statistics for the county and crop — 5 years of data + 10%
• CES-FS - Cooperative Extension bulletin 568A or a production publication plus 10%
Calc: calculations will be used if a grain yield goal is known but not a forage yield goal for the same
crop, based upon the following data:
Olsen Lab — "Guidelines for Fertilizer Recommendations, Plant Tissue Analysis, and Water Analysis"
Oat hay yield goal (t/a) x 17.5 = grain yield goal (bu/a)
Forage sorghum yield goal (t/a) x 20 = grain yield
Sorghum silage yield goal (t/a) x 6 = grain yield
Servi-Tech Lab (Crop File 1.02.022)
Corn silage yield goal (t/a) x 7.5 = grain yield, although this will vary with moisture and quality.
Small grain hay (t/a) x 14 = grain yield
Small grain silage (t/a) x 6 = grain yield
Triticale yields will be based upon potential wheat yield if Triticale yields are not known (KSU fact
sheet MF-2227)
Kochia yields are based upon the University of Wisconsin Alternative Field Crops Manual.
NMP for Contreras Farms, Inc Appendix C
APPENDIX D
NUTRIENT MANAGEMENT PLAN TERMS
4) NUTRIENT BUDGET INFORMATION
Formulas are provided using recommendations from Cooperative Extension offices from Colorado and
surrounding states. Recommendations from Olsen Lab, Servi-Tech Lab, and Midwest Lab may also be
used, with the most current formulas provided in this NMP. Any one of these formulas or laboratories
might be used to make a recommendation for a given crop in a single year, but two different formulas
will not be used at the same time to make in season adjustments for the same crop. All of these
laboratories are regionally based. They consider the recommendations from surrounding land grant
universities as well as the most current research available. Colorado Cooperative Extension has found
Midwest Lab's and ServiTech Lab's recommendations to be comparable to CSU's recommendations
(From the Ground Up, Agronomy News, Cooperative Extension, CSU, Vol 24:1, April 2004). Olsen's
Lab was not researched. Rather than hand calculating recommendations, the printed results on soil test
results from the afore mentioned labs might also be used.
NMP for Contreras Farms, Inc Appendix 11
4) NUTRIENT BUDGET INFORMATION (yield goals are presented in Appendices B and C)
Cooperative Extension Nutrient Budget Information:
z,r
-%tact
4aPrgceAslit §SJTi�ulilil:aaon�li4i�r_.
] �FF'st�i' .-$ r n are a� 'F'a ..;. "v
.. �*, '$i zg-s„f11,jn8 fit, a ,t•`$., z..
¢ �j Q' -.'¢v •y
`F \Z'- t; SllyrtIC< 8[1 LsfE f4ec
Corn
Silage
X CSUCE Published Fertilizer Suggestions
O Adjacent State CE -Published Fertilizer Suggestions
D CNMP Method that meets USDA-NRCS standards
0 CO NRCS NMP guidelines
❑ Department -approved Method
354(7.5*YG (tons/a)
Tables 7A-8 CSU Bulletin #568A
Corn Grain
X CSUCE Published Fertilizer Suggestions
❑ Adjacent State CE -Published Fertilizer Suggestions
0 CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
❑ Department -approved Method
35 4- (1,2 * YG (bu/acre))
Tables 7b. CSU Bulletin #568A
Sorghum
Silage
X CSUCE Published Fertilizer Suggestions
U Adjacent State CE -Published Fertilizer Suggestions
0 CNMP Method that meets USDA-NRCS standards
0 CO NRCS NMP guidelines
❑ Department -approved Method
9 • YG (tons/A)
Tables 7d. CSU Bulletin #568A
Sorghum
Grain
X CSUCE Published Fertilizer Suggestions
0 Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
❑ Department -approved Method
1.2* YG(Ibs/A)
Tables 7c. CSU Bulletin #568A
Triticale
Hay &
Silage
U CSUCE Published Fertilizer Suggestions
Q Adjacent Slate CE -Published Fertilizer Suggestions
U CNMP Method that meets USDA -NAGS standards
U CO NRCS NMP guidelines
X Department -approved Method
yield goal (lbs/a DM) * (% protein/6.25/100)/.66
multiply silage yield by 0.4 to get dry matter of silage
N content/efficiency use factor
Where protein is not known, 9% is used (KSU Bulletin
MF-2227)
Oat it &
Silage
X CSUCE Published Fertilizer Suggestions
O Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
O CO NRCS NMP guidelines
❑ Department -approved Method
YG (tons wet)*20001Nt*1.6%N/100
Multiply silage yield by 0.4 to get dry matter of silage
Crop removal CSU 568A.
Spring
Seeded
Small Grain
X CSUCE Published Fertilizer Suggestions
Cl Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
O CO NRCS NMP guidelines
o Department -approved Method
125 lbs N per 100 bu/A, minus 20 lb N/a for each 10
bu/A difference
CSU Do -It -Yourself Manure Mgt Plan
Winter
Wheat
Grain
U CSUCE Published Fertilizer Suggestions
X Adjacent State CE -Published Fertilizer Suggestions
❑ CNMP Method that meets USDA-NRCS standards
O CO NRCS NMP guidelines
Department -approved Method
YG (bola)* 1.75
KSU Bulletin C-529 Wheat Production Handbook,
1997
NMP for Contreras Farms, Inc
Appendix D
4) NUTRIENT BUDGET INFORMATION
Cooperative Extension Nutrient Budget Information:
. �'�`-2{r 4t p 'lm
� 4 t����'�PW���E ���.
ide *-I$A � 2"'r 3A - ,-`,₹.Ti;
.SJ 3e y', 5j�r}�� } p'
t,".�. �yY���UQ��ii�,may--"s'--�C{+��a?��
e e k IQIC eGVIC Oi(sfietGF�
"
Wheat
Silage
0 CSUCE Published Fertilizer Suggestions
X Adjacent State CE -Published Fertilizer Suggestions
0 CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
0 Department -approved Method
Convert yield to grain and fertilize as for grain
KSU Bulletin MF-1072 Small Grain Cereals for
Fora • e
Sudangrass/
Sudex Hay
❑ CSUCE Published Fertilizer Suggestions
X Adjacent State CE -Published Fertilizer Suggestions
❑ CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
❑ Department -approved Method
YG (tons/a DM) • 40 lbs N/ton
KSU Bulletin MF-1036
Sunflowers
X CSUCE Published Fertilizer Suggestions
X Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
O CO NRCS NMP guidelines
O Department -approved Method
YG (IWa) ' 0.065 lbs N/Ib grain
High Plains Sunflower Production Handbook
Kochia
❑ CSUCE Published Fertilizer Suggestions
D. Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
X Department -approved Method
YG (lbs/ton) * 60 lbs N/ton
University of Wisconsin Alternative Field Crops
Manual
Grass/hay
X CSUCE Published Fertilizer Suggestions
❑ Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
U CO NRCS NMP guidelines
❑ Depadment-approved Method
185lbs Mon — 40 lbs N per ton for each ton yield goal
less than a 4 ton yield goal
(N credit to l' soils sample)
Reference is CSU 568A.
Small grain
pasture and
gram
X CSUCE Published Fertilizer Suggestions
O Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
O Department -approved Method
(animals/sere) x expected weight gain (Ib/hd) x 0.4 =
lbs N/a
OR
(Winter wheat recommendation plus 30-50 lbs N)
Soil publication /10.565
Dry beans
U CSUCE Published Fertilizer Suggestions
U Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
X Department -approved Method
Non -irrigated Inoculated -40 lbs N/acre
Nnn-inigated Non -inoculated - 70 lbs N/acre
Irrigated crops Yield Goal (lbs/a) X .05
NDSU SF -720
NMP for Contreras Farms, Inc
Appendix D
4) NUTRIENT BUDGET INFORMATION
Formulas for calculating nutrient budgets
❑ CSUCE Published Fertilizer Suggestions
U Adjacent State CE -Published Fertilizer Suggestions
❑ CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
X Department -approved Method
Olsen Laboratories current formulas, lbs. N/yield unit (where not otherwise specified, multiply by yield
goal as presented in Appendices B and C)
Corn silage — multiply silage yield goal by 7 and use grain recommendation
Corn grain — (0.90)(YG, bu/a) + 50 = lb N/bu
1-(0.0008)(YG, bu/a)
Sorghum/Sudex silage — multiply silage yield goal by 6 and use grain recommendation
Sorghum/Sudex hay — multiply hay yield goal by 20 and use grain recommendation
Sorghum grain - (YG)(1.2 N/bu) + 30 lb N
Triticale silage —10 lb N/ton
Triticale hay —30 lb N/ton
Summer fallow wheat grain —1.75 lbs N/bu
Continuous wheat grain — 2.0 lbs N/bu (includes nitrogen for stubble decomposition)
Spring wheat grain - (YG)(2.4 lbs N/bu) — (OM-1)*20
Wheat silage — 10 lb/ton
Wheat hay — 30 lb N/ton
Small grain grazing — 40 lbs N/a (not dependent on yield goal)
Oat silage — 9 lbs N/ton
Oat hay — multiply hay yield goal by 17.5 and use grain recommendation
Oat grain —1.0 lb N/bu
Irrigated grass — 45 lbs N/ton
Dryland grass — 30 lbs N/ton
Sugar beets — (YG)(9 lbs N/ton) — 30*%OM — Residual N* 1.67(2' soil sample)
Millet — 1.5 lb N/bu
Sunflower — 0.06 lb N/Ib
Dry beans — (YG, bu)(2.0 lb N/bu) (+20 lbs N for kidney beans, -30 lbs N if inoculated, +30 lbs
N on sandy soils)
NMP for Contreras Farms, Inc Appendix D
4) NUTRIENT BUDGET INFORMATION
Formulas for calculating nutrient budgets:
❑ CSUCE Published Fertilizer Suggestions
❑ Adjacent State CE -Published Fertilizer Suggestions
O CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
X Department -approved Method
ServiTech Laboratories current formulas, lbs. N/yield unit (multiply by yield goal as presented in
Appendices B and C)
Corn silage - 10 lbs. N/Ton
Corn grain — 1.3 lb N/bu
Sorghum silage — 9 lb N/ton
Sorghum hay — 25 lb N/ton
Sorghum grain - 1.2 lb N/bu
Sudex silage — 7.5 lb N/ton
Sudex hay— 25 lb N/ton
Triticale silage — 10 lb N/ton
Wheat silage — 10 lb N/ton
Winter wheat grain — 1.75 lbs N/bu
Spring wheat grain -2.0 lbs N/bu
Small grain hay (triticale) — 26 lb N/ton
Oat silage 12 lb N/ton
Oat hay — 25 lb N/ton
Oat grain —1.0 lb N/bu
Pasture/Grass/Native grass — 40 lbs N/ton
Sugar beets — 7.5 lbs N/ton
Millet — 1.7 lb N/bu
Sunflower — 0.05 lb N/Ib
Dry beans — 0.04 lb N/lb
NMP for Contreras Farms, Inc Appendix D
4) NUTRIENT BUDGET INFORMATION
Formulas for calculating nutrient budgets:
❑ CSUCE Published Fertilizer Suggestions
❑ Adjacent State CE -Published Fertilizer Suggestions
❑ CNMP Method that meets USDA-NRCS standards
❑ CO NRCS NMP guidelines
X Department -approved Method
Midwest Laboratories current formulas, lbs. N/yield unit (multiply by yield goal as presented in
Appendices B and C)
Corn silage — 9.5 lbs. N/Ton
Corn grain —1.3 lb N/bu
Sorghum silage — 7 lb N/ton
Sorghum grain - 1.3 lb N/bu
Sudex hay —15lb/ton
Triticale silage — convert yield to grain, use grain recommendation
Triticale grain —1.5 lb N/bu
Winter wheat grain — 2.3 lbs N/bu
Wheat silage — convert yield to grain, use grain recommendation
Oat grain —1.2 lb N/bu
Oat silage - convert yield to grain, use grain recommendation
Pasture/Grass/Native grass — 40 lbs N/ton
Sugar Beets — 8.5 lb N/ton
Millet —1.6 lbs N/bu
Sunflower — 0.06 lbs N/lb
Dry beans — 0.4 lbs N/bu
Nitrogen Credits
Available Nitrogen in Wastewater (CSU Bulletin 568A, plus personal communication)
et year N availability in wastewater, sprinkler applied (Organic N * 30%) + (NI14-N * 55%)
1st year N availability in wastewater, flood applied (Organic N * 30%) + (NH4-N * 78%)
2"d year N availability in wastewater (Organic N * 10%)
Available Nitrogen in Manure (minimum values)
1st year N availability in manure (Organic N * 25%) + (NH4-N * % available below)
rd year N availability in manure (Organic N * 10%)
Available Nitrogen in Compost (minimum values)
1st year N availability in manure (Organic N * 20%) + (NH4-N * % available below)
2nd year. N availability in manure (Organic N * 10%)
NH4-N % available, solid manure and slurry (UN NebGuide G1335).
Inject or immediate incorporation — 95%
Incorporate within 1 day — 50-70%
Incorporate 2-5 days — 0-50%
Incorporate >5 days — 0%
The laboratory's plant available nutrient schedule may also be used.
NMP for Contreras Farms, Inc Appendix D
In the near future these mineralization factors may change, and this nutrient management plan will use
the revised values from CSU. In fields which receive a similar amount of manure or wastewater each
year, the 2 year mineralization rate may be added together and credited all in one year for simplicity.
Additional nitrogen needs
Crop decomposition
Up to 20 lbs/A additional nitrogen may need to be applied to carbonaceous crop residues.
Starter fertilizer
Regardless of the recommendations for nutrient application, up to 35 lbs of N and 35 lbs P2O5 may be
added as a starter fertilizer at or just prior to planting in order to ensure nutrient availability to seedlings,
promoting a more vigorous plant more capable of utilizing nutrients already in the soil. Any
commercial fertilizer applied will be counted towards the total recommendation and subtracted from the
gross recommendation in the N credit section ("other") of the rate determination sheet. If 35 lbs N are
not required to grow the crop, this amount of starter will still be used.
Small grain grazing
Where small grains are fall grazed, additional nutrient needs based upon animal intake or a flat rate (30-
50 lbs N/a) may be applied as outlined in the formulas for CSU and Olsen Lab.
In Season N adjustments
The formulas provided represent the maximum amount of N to be applied with advanced planning. It is
not uncommon for nitrogen rates to be adjusted during the growing season. The following outlines
procedures which may be used to make in season adjustments.
Visual analysis
Visual symptoms are an excellent diagnostic tool to determine nutrient limitations in crop fields. The
visual characteristics displayed when plants are nutrient deficient vary by plant species and variety,
stage of growth, and severity of the deficiency, and they are well documented and available as a
reference from numerous Extension and industry sources. Visual symptoms of nitrogen deficiency may
be used to adjust nitrogen recommendations. Many factors will be taken into account to determine the
need for nitrogen, including but not limited to unusual weather conditions, previous crop history, source
and amount of nitrogen already applied, crop stage of growth, soil physical properties, disease, insect,
herbicide injury, and other factors related to root growth. Typically 20-40 lbs N will be recommended.
Nitrogen reference strip
Several reference strips are established through the field where more than enough nitrogen has been
applied and is known to not be limiting. These strips are established for comparison to potential
problem spots in the field. It is useful to have reference strips when interpreting soil tests and tissue
tests. If reference strips are utilized, they will be 12,000 square feet for each 60 acres of crop of each
hybrid. If the reference strip is developed using commercial fertilizer, it will receive 10-25% above the
recommended rate for the field (Purdue University Fact Sheet AY -317-W), and if manure is used to
produce the reference strip, it will be applied at 100% above the recommended rate (Iowa State
University Fact Sheet PM 2026, Sensing Nitrogen Stress in Corn). This latter rate is appropriate
because there are many sources of variability when using manure, and the reference strip must be fully
fertilized.
NMP for Contreras Farms, Inc Appendix D
APPENDIX E
NUTRIENT MANAGEMENT PLAN TERMS
5) COLORADO PHOSPHORUS INDEX RISK ASSESSMENT
Results from the assessment are provided on the Rate Determination Sheets in Appendix F.
NMP for Contreras Farms, Inc Appendix E
5) PHOSPHORUS AND NITROGEN TRANSPORT
Application rates for manure and process wastewater applied to land application sites minimize phosphorus and
nitrogen transport from the application sites to surface waters. An initial assessment of the potential for
phosphorus and nitrogen transport risk to surface water will be made prior to manure or process wastewater being
applied to an application site. [Regulation No. 61.17(8)(b)(xii)(B)]
There is currently no published tool suitable for assessing nitrogen transport risk. Phosphorus and nitrogen
transport risk will be assessed using the Colorado Phosphorus Index Risk Assessment.
The following flow chart will be used to determine if a phosphorus risk assessment must be completed for a land
application site:
Will animal manure or other
organic nutrients be applied to
this site?
YES
•
Is soil test phosphorus (P)
greater than:
10 ppm AB-DTPA;
30 ppm Bray P 1;
40 ppm Mehlich 3, or;
20 ppm Olsen (NaHCO3)
YES
•
Can storm water runoff or
irrigation tailwater reach a surface
water body (continuous or
intermittent stream, irrigation
ditch, lake, or wetland, etc.)?
YES
Complete a Colorado Phosphorus
Index Risk Assessment for this site.
NO —►
NO —►
NO —►
A Colorado Phosphorus Index
Risk Assessment is not required
for this site.
A Colorado Phosphorus Risk
Assessment is not required for this
site. Base organic nutrient
application rates on crop nitrogen
requirements.
A Colorado Phosphorus Risk
Assessment is not required for this
site. Base organic nutrient
application rates on crop nitrogen
requirements.
NMP for Contreras Farms, Inc
Appendix E
5) PHOSPHORUS AND NITROGEN TRANSPORT (continued)
For land application fields that require a Colorado Phosphorus Index Risk Assessment to be completed, the
following applicable best management practices will be incorporated:
(A) Phosphorus -based manure and process wastewater application rates may be made to application sites where the risk
of off -site phosphorus transport is scored as high.
(B) No application of manure or process wastewater will be made to land application sites where the risk of off -site
phosphorus transport is rated as very high'.
(C) No application of manure or process wastewater will be made to a land application site where the risk of off -site
nitrogen transport to surface water is not minimized.
(D) Where a multi -year phosphorus application was made to a land application site, no additional manure or process
wastewater will be applied to the same site in subsequent years until the applied phosphorus has been removed from
the site via harvest and crop removal.
I Where the initial assessment of a land application site scores very high, the facility has a three-year period within
which to manage the site for the purpose of lowering the phosphorus transport risk assessment rating to high or lower.
During this period, manure or process wastewater may be applied to the site at either nitrogen- or phosphorus -based
rates.
After completing an initial assessment of the potential for phosphorus and/or nitrogen transport from a land
application site to surface water, additional assessments will be made every five years or at the frequency
described below, whichever is sooner:
- lil9e_ 1 0 t litifittSAra
Where a crop management change has
occurred
For phosphorus - Assess within one year after such a change
would reasonably result in an increase in the transport risk
assessment score.
For nitrogen — Assess within one year after such a change
would reasonably result in the nitrogen transport to surface
water not being minimized.
Where a phosphorus transport risk assessment
score was very high
Assess phosphorus transport risk within six months of
intending to apply manure or process wastewater, except where
the initial assessment is scored as very high, then there shall be
a three-year period within which to manage the site for the
purpose of lowering the phosphorus transport risk assessment
rating to high or less. During this period, manure or process
wastewater may be applied to the site at either nitrogen- or
phosphorus -based rates.
Where a nitrogen transport risk assessment
reveals that nitrogen transport to surface water
is not minimized
Assess nitrogen transport risk within six months of intending to
apply manure or process wastewater,
ASSOCIATED RECORDS:
are maintained on -site.
1) Copies of phosphorus/nitrogen transport risk assessments
NMP for Contreras Farms, Inc
Appendix E
APPENDIX F
NUTRIENT MANAGEMENT PLAN TERMS
5) FIELD NUTRIENT BALANCE CALCULATIONS
See Rate Determination Sheets
NMP for Contreras Farms, Inc Appendix F
Wastewater Application - Rate Determination Sheet
Crop sequence/rotation and year
Field: NW
Year
2012
2013
2014
2015
2016
Farm: I
Contreras Farms I V l
Crop
Sorghum Sil
Sorghum Sil
Sorghum Sil
Sorghum Si
Sorghum Sil
1. Field Information:
Crop:
Sorghum Silage
V
Crop Year'I
2012 I'rl Acres: 29
Soil name/texture:
Sandy Loam
V
through 2016 Previous Crop:
Sorghum Silage
Soil test results Date N(as NO3 -N), ppm P (Olsen), ppm K (NH40Ac), ppm pH
5/9/2012 16 21 147 6.6
P -Index Score 10 Application rate based upon Nitrogen
2. Nutrient Needs:
N (lb/acre) P205 (Ib/a)
a) Expected yield 20 Tons, Lbs or Bu. I Acre
b) Nutrient recommendations 180 0
Formula Used: (9"YG)-(8"ppm NO3 (ave 2 ft))
Tables 7a-8 CSU Bulletin # 568A
c) Special nutrient needs above recommendations
d) Total nutrient needs 180 0
3. Nitrogen Credits:
a) Residual soil nitrate credit* (1 foot for grass, 2 feet for all others)
16
ppm NO3 58
b) Previous legume crop
c) Previous manure application credit (applic rate x org N x % min )
Previous Year LBS Organic N Applied
5
10% avail 1
d) Other:
e) Total nitrogen credit 58
4. Recommended Nutrient Application Rate:
a) Total nutrient need minus Total nutrient credit (lb/acre) 122 0
Sample ID: West Lagoon Lab #: 11208-3
Application method:I Hod Iv
b) Expected NH3-N availability 78 %
c) NH4-N available from manure 0.52 lbs/1000 gal
d) Expected mineralization rate 30 %
e) Organic N available from manure 0,34 lbs/1000 gal
P Total available N ([c x (1-b)] + [d x e]) lbs/1000 gal 0.5
Recommended manure application rate (a/f) Gal/acre 240,150
ac-in/acre 8.7
g) P205 available 0.14 lbs/1000 gal Analysis 0.18 'bet 000 gal lbs P205/acre 35
h) Additional P205 needs from commercial fertilizer 0 lbs/acre
Pis 80% available when applied frequently, 60% available when applied infrequently (analysis P2O5 lbs/ton x 0.6 or 0.8 = available P2O5)
'redicted method, + form,
'=1ZrGJ
a
and timing of application: Flood irrigated spring, summer or fall
PRrOfessionals, !LC
Wastewater Application - Rate Determination Sheet
Crop sequence/rotation and year
Year
2012
2013
2014
2015
2016
Crop
pasture
pasture
pasture
pasture
pasture
1. Field Information:
Crop:
Soil name/texture:
Grass/Sudan/Sudex
Sandy Loam
Crop Year 12013
V
through 2016
Field: NE
Farm: I Contreras Farms
Acres:
Previous Crop:
47
Grass/Sudan/Sudex
Soil test results
Date N(as NO3-N), ppm P (Olsen), ppm
5/9/2012 5
19
P -Index Score 10 Application rate based upon Nitrogen
K (NH4OAc), ppm pH
132 7.2
2. Nutrient Needs:
a) Expected yield
b) Nutrient recommendations
Formula Used: (185-40 per ton less than 4-(3.6'ppm NO3 (1 ft)))
(Table 7e CSU Bulletin #568A)
1.4 Tons, Lbs or Bu. / Acre
c) Special nutrient needs above recommendations
d) Total nutrient needs
N (lb/acre) P2O5 (lb/a)
81 0
81 0
3. Nitrogen Credits:
a) Residual soil nitrate credit' (1 foot for grass, 2 feet for all others)
b) Previous legume crop
c) Previous manure application credit (applic rate x org N x % min )
IlPrevious Year LBS Organic N Applied
5
0
ppm NO3 18
10% avail
0
) Other:
e) Total nitrogen credit 18
4. Recommended Nutrient Application Rate:
a) Total nutrient need minus Total nutrient credit (lb/acre) 63
Sample ID: West Lagoon Lab #: 11208-3
Application method:
Flood
V
b) Expected NIa-N availability
c) NH4-N available from manure
d) Expected mineralization rate
e) Organic N available from manure
f) Total available N ([c x {1-b}] + [d x e])
Recommended manure application rate (a/t)
78 %
0.52 Ibs/1000 gal
30 %
0.34 Ibs/1000 gal
Ibs/1000 gal 0.5
Gallacre 124,113
g) P2O5 available 0.14 Ibs/1000 gal Analysis 0.18 lbs/1000 gal
h) Additional P2O5 needs from commercial fertilizer 0 lbs/acre
P is 80% available when applied frequently, 60% available when applied infrequently (analysis P2O5 !Won x 0.6 or 0.8 = available P2O5)
ac-In/acre 4.5
lbs P2O5/acre 18
Predicted method, form, and timing of application: Flood irrigated spring, summer, or fall as needed
■. r�u oPcirROf'essionals, LLC
surnoeveie
AGPROfessionals, LLC
DEVELOPERS OF AGRICULTURE
November 26, 2012
Mr. Chris Gathman
Weld County Department of Planning Services
1555 N. 17th Ave
Greeley, CO 80229
RE: USR -1590 Contreras Farms
AGPRO Project #1307-01
Dear Mr. Gathman:
Please accept this letter as, "evidence that an adequate attempt has been made to mitigate
the concerns of the mineral owners," in accordance with Condition of Approval 11 of
USR-1590.
Our client, Mr. Jorge Contreras, has operated a feedlot covered under the above
referenced Use by Special Review (USR) for over five years. During this time, mineral
interest owners have conducted operations on the property with neither incident nor
complaint from the mineral owners.
While finalizing the Conditions of Approval for the USR, Mr. Contreras had
conversations with representatives of the mineral owners. At this time, neither Mr.
Contreras nor the mineral owners believe that a Surface Use Agreement is necessary. All
parties are open to negotiating such an agreement when and if one is needed.
en Czaplewski
Planner
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont, CO 80504
970.535.9318 / office 970.535.9854 / fax www.agpros.com
Contreras Farms
Management Plan
For
Nuisance Control
For
Contreras Farms
30189 Weld County Road 78
Eaton, CO 80615
Developed in accordance with
Generally Accepted Agricultural Best Management Practices
Prepared By
PRO
AGPROfessionals, LLC
4350 Highway 66
Longmont, CO 80504
November 2012
Contreras Farms
AGPROfessionals, LLC
Introduction
This supplemental Management Plan for Nuisance Control has been developed and implemented
to identify methods that Contreras Farms will use to minimize the inherent conditions that exist
in confinement feeding operations. This supplement outlines management practices generally
acceptable and proven effective at minimizing nuisance conditions. Neither nuisance
management nor this supplemental plan is required by Colorado State statute or specifically
outlined in the Colorado Confined Animal Feeding Operations Control Regulations. This is a
proactive measure to assist integration into local communities. Contreras Farms will use these
management and control practices, to their best and practical extent.
Legal Owner, Contacts and Authorized Persons
Correspondence and Contacts should be made to:
Contreras Farms
30189 Weld County Road 78
Eaton, CO 80615
The individual(s) at this facility who is (are) responsible for developing the implementation,
maintenance and revision of this supplemental plan are listed below.
Jorge Contreras Owner
(Name) (Title)
(Name) (Title)
Legal Description
The confined animal feeding facility described in this NMP is located at:
Lot B of Recorded Exemption #3515; being located in a portion of the W''S W'/ and All of E
'/2S W'/a of Section 19, Township 7 North, range 63 West of the 6`h P.M.
2
Contreras Farms
ACPROfessionals, LLC
Air Quality
Air quality at and around confined animal feeding operations are affected primarily from the
relationship of soil/manure and available moisture. The two primary air quality concerns at calf
farms are dust and odor. However, the management practices for dust or odor control are not
inherently compatible. Wet pens and manure produce odor. Dry pens are dusty. The two
paragraphs below outline the best management practices for the control of dust and odors that
Contreras Farms will use. The manager shall closely observe pen conditions and attempt to
achieve a balance between proper dust and odor control.
Dust
Dust from pen surfaces is usually controlled by intensive management of the pen surface by
routine cleaning and harrowing of the pen surface. The purpose of intensive surface
management is twofold: to keep cattle clean and to reduce pest habitat. The best management
systems for dust control involve moisture management. Management methods Contreras Farms
shall use to control dust are:
I. Pen density
Moisture will be managed by varying stocking rates and pen densities. The animal's wet
manure and urine keep the surface moist and control dust emissions. Stocking rates will
be managed to minimize dust.
2. Regular manure removal
Contreras Farms will continue to conduct regular manure removal. Manure removal and
pen maintenance will be conducted as needed.
3. Water Trucks
Should nuisance dust conditions arise, water tanker trucks or portable sprinkling systems
may be used for moisture control on pens and roadways to minimize nuisance dust
conditions.
Odor
Odors result from the natural decomposition processes that start as soon as the manure is
excreted and continue as long as any usable material remains as food for microorganisms living
everywhere in soil, water and the manure. Odor strength depends on the kind of manure, and the
conditions under which it decomposes.
Contreras Farms will use the methods and management practices listed below for odor control:
1. Establish good pen drainage
3
Contreras Farms
AGPROfessionats, LLC
Dry manure is less odorous than moist manure. Contreras Farms will conduct routine
pen cleaning and surface harrowing to reduce standing water and dry or remove wet
manure.
2. Regular manure removal
Reduce the overall quantity of odor producing sources. Contreras Farms will conduct
routine pen cleaning and harrowing several times per month.
3. Composting
Reduces volume, nutrients and minimizes odor and pests.
4. Reduce standing water
Standing water can increase microbial digestion and odor producing by-products. Proper
pen maintenance and surface grading will be conducted by the Contreras Farms to reduce
standing water.
The stormwater ponds will be dewatered regularly in accordance with the Manure and
Wastewater Management Plan for Contreras Farms. No chemical additives or treatments
of the stormwater ponds for odor control are planned. Research to date indicates poor
efficacy, if any, of these products.
If it is determined that nuisance dust and odor conditions persist, Contreras Farms may increase
the frequency of the respective management practices previously outline such as pen cleaning,
surface grading and pen maintenance. Additionally, if nuisance conditions continue to persist
beyond increased maintenance interval controls, Contreras Farms will install physical or
mechanical means such as living windbreaks and/or solid fences to further minimize nuisance
conditions from dust and odors.
Pest Control
Insects and Rodents
1. Regular manure removal and composting
Manure management removes both food sources and habitat
2. Reduce standing water
Standing water is a primary breeding ground for insects
3. Minimize fly habitat
Standing water, weeds and grass, manure stockpiles, etc., are all prime habitat for
reproduction and protection. Reduce or eliminate these areas where practical.
4. Weeds and grass management
Keep weeds and grassy areas to a minimum. These provide both protection and breeding
areas.
4
Contreras Farms
ACPROfessionals, LLC
5. Minimize stockpiles or storage of manure
Stockpiles of manure provide both breeding and protective habitat. Keep stockpile use to
a minimum.
6. Biological treatments
Parasitic wasps are excellent biological fly control and are widely used. The wasps lay
their eggs in fly larvae hindering fly reproduction.
7. Baits and chemical treatments
Due to environmental and worker's safety concerns, chemical treatments are a last line of
defense for insect control. Baits and treatments must be applied routinely. However,
they are very effective.
Rodent control at Contreras Farms is best achieved by minimizing spillage of feedstuffs around
the operation. Good housekeeping practices and regular feed bunk cleaning, site grading and
maintenance are used to reduce feed sources. Rodent traps and chemical treatments are effective
control methods and will be used as necessary.
Insects and rodents inhabit areas that 1) have an adequate to good food supply and 2) foster
habitat prime for breeding and living. Key practices Contreras Farms will use to manage insects
and rodents are to first eliminate possible habitat and then reduce the available food supply.
In the event it is determined nuisance conditions from pest such as flies and rodents persist,
Contreras Farms will initially increase the frequency of the housekeeping and management
practices outlined previously. Iffurther action is necessary, Contreras Farms will increase use
of chemical controls and treatments, such as fly sprays, baits, and rodendicide for pest control.
Mortality Management
Contreras Farms will maintain the timely removal and disposal of mortalities to a rendering
company. Records of disposal will be maintained and will be available for review upon request.
5
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DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
June 7, 2012
Mr. Kim R. Lawrence
Lawrence Jones Custer Grasmick LLP
5245 Ronald Reagan Blvd., Suite 1
Johnstown, CO 80534
Re: Substitute Water Supply Plan for Contreras Farms, Inc.
Case No. 2010CW269, WDID 0102666
Section 19, Township 7 North, Range 63 West, 5" P.M.
Water Division 1, Water District 1, Weld County
Approval Period: June 1, 2012 through May 31, 2013
Contact Phone Number for Mr. Lawrence: 970-622-8181
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
4Jrector/State Engineer
Dear Mr. Lawrence:
We have reviewed your letter dated March 15, 2012 in which you request approval of a
substitute water supply plan ('SWSP") for Contreras Farms, Inc. ("Contreras" or 'Applicant") pursuant to
§ 37-92-308(4), C.R.S. The Applicant filed fora plan for augmentation under Division 1 Water Court
case no. 2010CW269. The SWSP references the 2010CW269 application and the Applicant provided
notice of the requested SWSP to all counsel of record for case no. 2010CW269. That notice was
mailed on March 15, 2012. The State Engineer's Office ('SEO") did not receive any comments during
the statutory 30 -day comment period. The required $300 filing fee has been received (receipt no.
3654434).
SWSP Operations
Contreras operates a commercial feedlot located in Section 19, Township 7 North, Range 63
West, 6°i P.M. Water for the feedlot operation is obtained from the two wells described below:
Table 1
Well Name
Case
Number
WDID
Well Permit
Number
Permitted Location
Contreras Well No.1
2010CW269
0110532
75196-F
SW %., SW %, Section 19, T7N, R63W
Contreras Well No. 2
2010CW269
0110533
75197-F
SE Y., SW Y•, Section 19, T7N, R63W
Contreras Wells 1 and 2 ("we Is") are currently used for indoor domestic use, watering of a
residential lawn and watering of livestock within the commercial feedlot operation. Non-exempt well
permits issued pursuant to §37-90-137(2) C.R.S were issued for these wells In June of 2011.
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
Mr. Kim Lawrence
June 7, 2012
Depletions to the stream system from pumping the web will be replaced using one share of
New Cache La Poudre Irrigation Company Mew Cache°), which is owned by Contreras and will be
delivered to recharge.
Page 2 of 8
Depletions
The feedlot operation grows stocker calves for the commercial cattle market. According to the
SWSP request, the feedlot operation began in 2007 and all uses prior to that date were assumed to fall
under the uses allowed under the exempt well permits. Therefore, this SWSP will account for
depletions that will accrue to the stream system during this plan period as a result of pumping from
January 1, 2007 through May 31, 2012.
The wells were not metered untH December 2010. Depletions prior to metering were estimated
based on the uses of the well as determined from farm records and recent pumping data as an
Indicator of per head water use. Based on meter records for December 2010 through December 2011,
average historical water consumption for livestock is about 3.47 gallons per head per day. For January
2007 through November 2010, this average per head use times the number of head was used to
estimate livestock water use. For water use beginning in December 2010 through the plan period,
livestock water use is estimated using measured total water pumped minus an estimated water use for
residential indoor and outdoor uses. Projected total well pumping for the plan period is based on the
following:
• June 2012 — December 2012 is equal to June 2011 — December 2011 measurements
• January 2013 is equal to January 2012 measurements
• February 2013 — May 2013 is equal to February 2011 to May 2011 measurements
All water used for livestock watering purposes is assumed to be 100% consumed.
Indoor residential demands were calculated to total 0.72 acre-feet per year for the two houses
on the Contreras property. The demand is based on an assumed occupancy of 4 residents per
dwetiing, each with a use of 80 gallons of water per day. Water used indoors is returned through a
septic system, therefore the Applicant assumed that 90 percent of all water used indoors is retumed to
the stream system. Based on this assumption the total consumption from indoor use Is 0.072 acre-feet
per year.
Outdoor residential water demands consist of irrigation of 1,400 square -feet of lawn located
adjacent to each house, for a total lawn area of 2,800 square -feet, which was Installed In the summer of
2010. The water demand for the Kentucky bluegrass was estimated using the Modified Blaney-Criddle
method and weather data from the Lucerne CoAgMET weather station. Based on this analysis the
average net irrigation requirement for the Kentucky bluegrass over the period of 1993 to 2009 was
determined to be 2.39 acre-feet per acre. Therefore, the irrigation demand for the 2,800 square -feet of
lawn was determined to be 0.15 acre-feet. For purposes of this SWSP the irrigation efficiency was
assumed to be 80 percent.
Based on additional information provided May 17, 2012, the estimated annual water
requirement (pumping) from the wells is 11.54 acre-feet, with a total estimated consumption of 10.88
acre-feet (see Projected Pumping and Consumptive Use Summary Table).
The wells are constructed to a depth of approximately 400 feet, therefore the wells were
assumed to be completed in the Laramie -Fox Hills aquifer in the Cheyenne Basin. Lagged depletions
due to previous and projected pumping of the wells were estimated using the Infinite aquifer condition in
ff
Mr. Kim Lawrence Page 3 of 6
June 7, 2012
the IDS Alluvial Water Accounting System (AWAS). For purposes of the analysis, the Applicant
modeled the Laramie -Fox Hills aquifer as a confined Infinite aquifer. The input parameters used for
purposes of the Glover Method were; a distance to the point of depletion of 26,756 feet and 26,672
feet, for wells 1 and 2 respectively, a transmisslvity of 1,100 gpd/ft, and a specific yield of 0.0002.
According to the SWSP request, the depletions from the wells were determined to impact Crow Creek
in Section 13, Township 6 North, Range 64 West, 61° P.M., just south of the Greeley Canal No. 2 near
Barnesville Colorado. Based on this analysis, the lagged well depletions for this plan period are 6.32
acre-feet, as shown in Table 8 (attached).
Contreras has installed flow meters on each well and the accounting submitted during this plan
period will be based on the metered withdrawals.
Replacement Water
This SWSP proposes to change the use of 1 share of the New Cache. The consumptive use
from the subject shares will be utilized to replace depletions from the wells. The subject share was
historically used for the Irrigation of lands in Section 32, Township 6 North, Range 86 West, of the 86'
P.M., in Weld County. Since the mid to late 1960's the share was used on the Bruce Johnson Farm
located in the E1/2 of the section.
A Draft Report summarizing the results of a ditch -wide historical use analysis for New Cache La
Poudre Irrigating Company and Cache La Poudre Reservoir Company shares used in the Greeley
Canal No. 2 was prepared by HRS Water Consultants, Inc. in January, 2010. That report calculated an
average consumptive use of 6.64 acre-feet per year per share of the New Cache La Poudre Irrigating
Company. The results of the analysis are shown in attached Table 7. The Applicant will rely on the
ditch -wide analysis for determination of the consumptive use credit and return flow requirements.
Surface and subsurface return flow requirements for the 1 share of New Cache total 4.9 acre-feet per
year (as shown Table 8).
The Applicant entered into an agreement with the Lower Poudre Augmentation Company
(°LPAC) and New Cache on February 19, 2010 (attached). According to that agreement New Cache
and LPAC will deliver Applicant's New Cache share into LPAC/New Cache recharge sites to create
accretions or will release the water directly to the river to replace well depletions and provide historic
return flows for the Bruce Johnson Farm. According to the 2012 New Cache Delivery Schedule
(attached), LPAC/New Cache will provide replacement water for pumping depletions to Reach 3 (below
the Ogilvy headgate) and historic return flow obligations to Reach 2 (above the Ogilvy headgate) in the
vicinity of the Bruce Johnson Farm.
Applicant Is aware that in the next plan period depletions from well pumping will exceed the
consumptive use available under 1 share of New Cache. Additional replacement water will need to
be obtained to cover depletions to the stream next year.
Conditions of Approval
This SWSP is hereby approved pursuant to § 37-92-308(4), C.R.S., subject to the conditions
stated below:
1. This SWSP shall be valid for the period of June 1, 2012 through May 31, 2013, unless otherwise
revoked, modified, or superseded by decree. Additional SWSPs are required until a court
decreed plan for augmentation is obtained for the proposed uses. Should an additional SWSP
be requested, the provisions of § 37-92-308(4)(b), C.R.S., shall apply. The statutory fee of $300
r
Mr. Kim Lawrence
June 7, 2012
will be required pursuant to § 37-92-308(8), C.R.S. Any request for an additional SWSP must
be submitted to this office no later than March 1, 2013.
2. Approval of this SWSP Is for the purposes stated herein and pumping is limited to the Contreras
Wells 1 and 2 described in Table 1 above. Additional wells and/or additional uses for the water
that is the subject of this SWSP will be allowed only if a new SWSP is approved for those
additional wells/uses and such additional wells/uses are Identified in case no. 2010CW269.
Should a new SWSP be requested, the provisions of § 37-92-308(4)(b), C.R.S., shall apply.
The statutory fee of $300 will be required pursuant to § 37-92-308(8), C.R.S.
3. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions,
replacement sources, and river calls) on a monthly basis. The accounting must be emalled to
the water commissioners, Georoe.Varrareastate.co.us and Brent.Schantzlllstate.co.uq, and
DivlAccountinneftstate.co.us within 30 days of the end of the month for which the accounting
applies. Accounting and reporting procedures are subject to approval and modification by the
division engineer. Accounting forms need to identify the WDID number for each well operating
under this SWSP. NOTE: Monthly accounting, even during the winter non -irrigation season, is
required. Additionally, Applicant is required to coordinate accounting with LPAC and New
Cache to document that replacement water was delivered as needed to replace aN out of priority
depletions pursuant to this SWSP.
4. Applicant shall follow the recharge and accounting protocols as referenced in the attached
documents for the operation of this SWSP. Credit for recharge accretions from canal reaches
will not be allowed at any time the canal reaches are delivering water for irrigation purposes.
5. The name, address, and phone number of the contact person who will be responsible for the
operation and accounting of this SWSP must be provided with the accounting forms to the
division engineer and water commissioner.
6. All diversions shall be measured in a manner acceptable to the division engineer. The Applicant
shall Install and maintain measuring devices as required by the division engineer for operation
of this SWSP.
Page 4 of 8
7. Conveyance loss for delivery of replacement water is subject to assessment and modification as
determined by the division engineer or water commissioner.
8. Replacement water shall be made available to cover all out -of -priority depletions in time, place,
and amount and shall be made available under the direction and/or approval of the water
commissioner.
9. As records become available (including, but not limited to recharge amounts, ditch diversions,
well pumping, etc.), Applicant shall update the data used to compute monthly well pumping and
projected monthly stream depletions for this SWSP. If at any time the projected stream
depletions show the Applicant is unable to replace all out -of -priority stream depletions, the
Applicant is required to notify the division engineer of the projected shortfall and describe how
well pumping will be reduced and/or replacements will be Increased to ensure all out -of -priority
depletions will be replaced.
10. If any well in this SWSP causes depletions that affect a senior surface water right at a location
where this SWSP cannot provide replacement water, the well is subject to curtailment until
arrangements are made to provide replacement water at a point which will preclude injury to the
4,
Mr. Kim Lawrence
June 7, 2012
calling senior surface water right. Well owners are responsible for providing replacement water
in time, location, and amount to offset ail out -of -priority depletions.
11. The Applicant shall perform an inspection and provide verification for all parcels of dried up land
used to generate augmentation credits during the term of this SWSP. The final verification of
dry up will be in the form of an affidavit signed by an individual having personal knowledge of
the dry up for the entire irrigation season for each parcel of land used in this SWSP. In
accordance with the attached protocol for dry -up of irrigated land, the Applicant shall provide a
written notification to the water commissioner and division engineer by July 1, 2012 identifying
the lands to be dried up for the 2012 irrigation season. By October 31, 2012 the Applicant shall
provide an affidavit to the water commissioner and division engineer that identifies and confirms
the lands that were dried up during the 2012 irrigation season In order that the final
determination of augmentation credits for the irrigation season can be made along with mapping
showing any revisions to the dried-up acreage. A GIS shapeflle must be emailed to
DivlAccountinn(8lstate.co.us for each dry -up notification and affidavit. The ehapefiie shall
include the pending case number, the WDID of the plan, the acreage of dry -up, and any
accompanying metadata. In addition, the datum must be NAD83 and the UTM projection must
be Zone 13 North. The Applicant shall modify accounting to reflect that the credit from any dried
up fields containing alfalfa or native grass was assessed in the following manner:
(a) For fields deep tilled or chemically treated to successfully kill alfalfa or native grass,
100% credit will be given for consumptive use as otherwise computed under the
conditions of this approval.
(b) For fields not deep tilled or chemically treated to successfully kill alfalfa, records of
monthly monitoring of depth to groundwater at existing irrigation wells or existing or new
monitoring wells or piezometers within '/ -mile of each alfalfa or native grass field must
be maintained. Credits will be reduced according to the following table when depth to
groundwater is less than the depth assumed to provide no significant contribution to
alfalfa growth. Measurements taken at the start of each month will determine the
necessary reduction in credit to be applied during the following month. The applicant
may use another methodology upon review and approval by the State Engineer and
Division Engineer.
Page 5 of 6
Depth to Ground
Water (Feet)
Percent Reduction in CU Credit'
Native Grass
Alfalfa
1
85%
100%
2
50%
90%
3
30%
75%
4
20%
50%
5
15%
35%
6
10%
20%
7
5%
15%
8
0%
10%
1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC ResroNSES IN FUrrratrr�r
IRRIGATED MOUNTAIN MEADOWS, South Park, Colorado, March 1, 1990; Revised September
1, 1991
12. This SWSP may be revoked or modified at any time should it be determined that injury to other
vested water rights has occurred or will occur as a result of the operation of this SWSP. Should
Mr. Kim Lawrence Page 6 of 6
June 7, 2012
this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for
augmentation, all use of water under this SWSP must cease immediately.
13. The decision of the state engineer shall have no precedential or evidentiary force, shall not
create any presumptions, shift the burden of proof, or serve as a defense in the pending water
court case or any other legal action that may be initiated concerning the SWSP. This decision
shall not bind the state engineer to act in a similar manner in any other applications involving
other SWSPs or in any proposed renewal of this SWSP, and shall not imply concurrence with
any findings of fact or conclusions of law contained herein, or with the engineering
methodologies used by the Applicant. Any appeal of a decision made by the state engineer
concerning an SWSP pursuant to § 37-92-308(4), C.R.S., shall be to the Division 1 water judge
within thirty days of the date of this decision and shall be consolidated with the application for
approval of the plan for augmentation..
Should you have any comments or questions, please contact Michael Hein, Assistant Division
Engineer in Greeley at 970-352-8712 or Tracy Kosloff in this office,
Sin erely,
PD
Vo d
eatherage
of Water Supply
Attachments: Tables 7, 8, 2012 New Cache Delivery Schedule, Projected Pumping and Consumptive
Use Summary
Agreement between LPAC, New Cache and Contreras Farms Inc.
Accounting, Recharge, and Dry -up Protocols
cc: Michael Hein, Assistant Division Engineer, Div1Accountina(dstate.co.us
Brent Schantz, Water Commissioner, Water Districts 1 & 64 Brent.Schantz(state.co.us
George Varra, Water Commissioner, Water District 3, George.VarraOstate.co.us
Counsel of Record, 2010CW269
Table 7
Contreras Fantle, Inc.
New Cache La Poudre Irrigating Company Summary from DitcMWde Analysis
Apt May Jun Jul has Sep Oct Tel%
NCLPIC Wool Flaw Werra Womb. . 6Amin 04151r�uta4WI
Malayan
Kr -L MirJ 2111Oa I IMO S. 6a1R stun 60140
Per Ow. DAenpnna
Astor
Marianas
Canal Gale Dawtla Iaare4,otl
/wage Total 244 I 7441 191 I ta03 2129 J 1a96 1— 293 I w- I
Average mar Shore I 0.14
]Aa 1.12 t ].t6 1 1L0 0 �
Lateral Lames Iaar.4es11 _
wre►0 705!1 -13 13-1-1-4M-1
-j 21
Aw.a9.DAMtsn ( Ot 0.11 0.15 0.11 01,06 0.03 I -5.31 0.6E
Farm O40v.A.a (.ae4.Mt
Avwmme (-725 i 110 pOl t 2Sg3 I 1200 225 2Ba10 l
Memel" I 1591 3552 lawn 115155 4411 lose I ina no
Per Mures Perm oelieeeee (er Aven5a I OI 2.19 a75 7.21 1 4 0 005 20,34
0.7$
MtlOApM CmeWeptl. the
Average
Maximum
Po Chars CeneumPWeArnie
VN
Mordmum
Awrpe Hblalnl Ceseunoll
t0vweiene
Canal Colo DOMelee
mum DeMry el.t%
Ser/eee Mew Rune% Mauna parr*
Averepa TMY 164 221* 2631 tila eve ]s0 n
Average par Win 014 0,01 1.06 073 020 6.11 0.03
Average Sudicetyaw RmoN me
Dya 44%% ale 17 21 14.911 20,011 102% 723% ) An _21.1%
Cane) Gels 0.t at. �3 .31% ]01% 25611 236% 234% 1224% 3t inSfi-'
Fan Delivery $IJ7. 14 _ 44.1 1 % N : 31 3
Deep ►ero01,4.n Rain (aaNeN]
Awng.7eW 61 1204 . 1462 1017 I 310 - 3
Avenge pw6here O. O 0.41 0.14 9 r O.OZ
Average Dow ParesMbn Rotuma rocat oa
13.1% I 1/.Q01 n.5%
Canal Gets natal.. 163% 174% 17.1% 12.9%
Fern p0%ry -1-1.116-. 1
9
223 1 1 0 _ I 1. 66! I
-ass s1 4 0.20 I 1144
Moon
412% 53.OIC 6622 ��9j SY -27191 1 1U
47.4% 6SHt 861% 66MI Na_ i a47X
49.7% 10.3% 624% 44.7% 514% 1744% j 573%
R6.l11%t
4t
. 1JM
11.7%
.2%
123%
133%
14416
7050
H
1.75
93%
17.7%
102%
11.5%
14.5%
163%
46%
Tatul amend Vargo age Ocl.I Component PI 142atera' ;1539 T.
W72� 415 216 ba Sea
Morns pi Slam l OW I 016 -I o.ta I 036 0.19A '.10 am • 1st
Avenge Mound Wrier Return Slaw txnrpe9m ntu26 l
1*etwmeGm 4
t7Rmdan. 12.3% 159%4.5% 1147% !P
Carol Ban Darwin 21.0% 21.9ti 161% 17.4% 171%
rare Oa5tery 222%195% 152% 1
w. I
15.76
dolt
20.1%
Notes;
(1) Taken from Table 22 in Ditchwide Historical Use Analysis for New Cache La Poudre lnigaling Company and
Cache La Poudre Reservoir Company, Shares Used in the Greeley Canal No.2, Case Nos. 06CW295 and
04CW025. Prepared by HRS Water Consultants, Inc., January, 2010
Loa WATER..dr,l:,o :
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1
RECEIVED
MAY 222012
2012 New Cache Delivery Schedule Date: St22/12
Contreras Farms, Inc.
Column 1
Colman 2
Column 3
Month
Amounts to Deliver
to cover Contreras
Wet Depletions
1ac-ti)
Amounts to Deliver
for Contreras Return
Flow Obattalions
(ac -It)
Total Obligation
lac -Ill
Jun -12
0.48
1.20
1.68
Jul -12
0.50
0.88
1.38
Aug -12
0.52
0.41
0.93
Sep -12
0.52
0.26
0.76
Oct -12
0.54 -
0.18
0.72
Nov -12
0.54
0.15
0.69
Dec -12
0.56
0.15
0.71
Jan -13
0.56
0.15
0.71
Feb -13
0.50
0.14
0.64
Mar -13
0.54
0.14
0.68
Apr -13
0.52
0.19
0.71
May -13
' 0.54
1.05
1.59
Total
6.32
4.90
11.22
Note:
Column 1: amount of consumptive use credit to be delivered to Reach 3 to cover well depletions for Contreras farms
Column 2: surface and subsurface return flow obligation for Contreras New Cache share to be delivered to Reach 2
Column 3: Column 1 + Column 2
WATER .,.
r�.,.:,a eq.n.... a
RECP'JE t
Contreras Farms, Inc.
Projected Pumping and Consumptive Use Summary
To SEO May 2012
MAY 1 72012
WATER RESOURCE'.
STATE INGINEEC
COLO
Date
Residential
Indoor Water
Delivery/Pum
ping
(AF)
Residential
indoor CU of
GW
(AF)
Residential
Outdoor
Water
Delivery/Pum
ping
(AF)
Residential
Outdoor CU
of GW
(AF)
Livestock
Pumping/CU
of GyW
(AF)
Estimated
Consumptive
Use of GW -
Total
(AF)
Estimated
Total
Pumping
(AF)
Jun -12
0.06
0.01
0.04
0.03
1.58
1.62
1.68
Jul -12
0.06
0.01
0.06
0.04
1.16
1.20
1.26
Aug -12
0.06
0.01
0.04
0.03
0.91
0.94
1.00
Sep -12
0.06
0.01
0,02
0.02
0.62
0.84
0.90
OU-12
0.06
0.01
0.01
0.01
0.75
0.76
0.82
Nov -12
0.06
0.01
0.00
0.00
0.49
0.50
0.55
Dec -12
0.06
0.01
0.00
0.00
0.71
0.72
0.77
Jan -13
0.08
0.01
0.00
0.00
0.55
0.56
0.61
Feb -13
0.05
0.01
0.00
0.00
0.87
0.88
0.93
Mar -13
0.06
0.01
0.00
0.00
0.95
0.96
1.01
Apr -13
0.06
0.01
0.01
0.01
0.95
0.96
1.02
May -13
0.06
0.01
0.03
0.02
0.69
0.92
0.98
Total
0.72
0.07
0.19
0.15
10.64
10.86
11.64
WATER
I111111 I I II 11111111101111111111111111111111111 n 111111
O4 3603064 03/30/2010 11:04A Weld County, CO
1 of 5 R 26.00 I) 0.00 Steve Moreno Clerk 6 Recorder
AGREEMENT BETWEEN
LOWER POUDRE AUGMENTATION COMPANY,
THE NEW CACHE LA POUDRE IRRIGATING COMPANY,
AND CONTRERAS FARMS INC.
Exhibit 1
14
This Agreement ("Agreement") is dated let. 19, 2010, and is between the
Lower Poudre Augmentation Company (hereinafter "LPAC") and The New Cache
La Poudre Irrigating Company (hereinafter "New Cache") and Contreras Farms
Inc., (hereinafter "Contreras").
Recitals
WHEREAS, The New Cache owns and operates a canal system that includes
the Greeley No. 2 Ditch and associated structures and laterals; and
WHEREAS, New Cache has made application in Case No. 04CW025 District
Court, Water Division No. 1 of the State of Colorado for approval of a plan for
augmentation including the operation of recharge sites ("Lower Poudre Plan"); and
WHEREAS, LPAC has been assigned the rights and obligations of owning and
operating the Lower Poudre Plan; and
WHEREAS, New Cache and LPAC, along with the Cache La Poudre Reservoir
Company, have filed an application in Case No 06CW295, District Court, Water
Division No. 1 ("New Cache Change Case") for the purpose of changing the water
rights associated with numerous New Cache and Cache La Poudre Reservoir
shares; and
WHEREAS, Contreras seeks to drill a well to be located in the E112 SW1/4
Section 19, Township 7 North, Range 63 West of the 6"' P.M., (hereinafter referred to
as the "Well"), to be used to supply water on and to the property for commercial
livestock and feedlot p'irrees; Pod
WHEREAS, Contreras intends to file an application for approval of an
augmentation plan in District Court, Water Division No. 1 ("Water Court") for the
purpose of obtaining a decree to augment the anticipated depletions from the Well
("Contreras Augmentation Plan"); and
WHEREAS, until a final decree is entered approving the Contreras
Augmentation Plan, Contreras Intends to pump the Well pursuant to annually
approved substitute water supply plans ("Contreras's SWSP") operated pursuant to
C.R.S., §37.92-308(4); and
-I-
clearWATERsoltitlons
water rights • planning • engineering
March 15, 2012
Mr. Kim Lawrence
Lawrence, Jones, Custer & Grasmick, LLP
5245 Ronald Reagan Blvd, Suite 1
Johnstown, CO 80534
RE: June 2012 - May 2013 Substitute Water Supply Plan Renewal for
Contreras Farms, Inc.
Case No. 10CW269
Dear Mr. Lawrence:
This substitute water supply plan (SWSP) renewal request proposes to augment wells
that are owned and operated by Contreras Farms, Inc. (Contreras). The initial SWSP
request for Contreras was approved on June 15, 2011 for the period beginning June 1,
2011. On behalf of Contreras, we request approval of this SWSP renewal under CRS
§37-92-308(4) from June 1, 2012 through May 31, 2013.
Contreras filed an application to Water Court for water rights (Contreras Wells No. 1 and
No. 2), change of water rights (one share of New Cache La Poudre Irrigating Company),
and a plan for augmentation in Case No. 10CW269 on November 9, 2010.
CONTRERAS FARMS
Contreras operates a commercial feedlot that is located approximately five miles
northeast of the Town of Galeton in Weld County, Colorado. Contreras uses two wells
at Contreras Farms for indoor domestic purposes, landscape irrigation, and commercial
livestock uses. Information on these two wells is shown in Table 1 and the location of
the wells in shown in Figure 1.
Contreras currently owns one share in the New Cache La Poudre Irrigating Company
(New Cache), which they will use to replace depletions associated with the Contreras
wells under this SWSP. On February 19, 2010, Contreras entered into an agreement
with the Lower Poudre Augmentation Company (LPAC) and New Cache. Under the
agreement, LPAC and New Cache will take delivery of the New Cache share into their
recharge site(s) and in turn will deliver the water that Contreras is entitled to under the
New Cache share so as to make replacements/accretions available to replace
depletions from the Contreras wells.
8010S. County Road 5, Ste. 105 I Windsor, CO 130523 I (1) 970.223.3700 I (F) 970.223.3703 I www.clearwatercolorado.com
Mr. Kim Lawrence, Esq.
Case No. 10C W269 - SWSP Renewal Request
March 15, 2012
Page 2 of 5
In the following sections of this letter report, we quantify the consumptive uses from the
Contreras wells, analyze stream depletions from well use, and describe the replacement
water available to Contreras.
CONSUMPTIVE USE OF GROUNDWATER
Contreras Well No. 1 and No. 2 are currently used for livestock watering, indoor
domestic use and residential landscape irrigation. Contreras was issued new well
permits for these uses, which are included in Appendix A.
Starting in December 2010, Contreras began metering the use from the two wells,
which are connected by a manifold system upstream from the point of delivery to the
various uses. The following sections describe the historical and proposed future
quantification of groundwater consumption from the Contreras wells.
Livestock Water Use
Beginning in 2007, Contreras began using the wells to grow stocker calves for the
commercial cattle market. In last year's SWSP, we quantified historical livestock water
uses by considering the number and type of cattle being watered as well as available
literature describing daily cattle water consumption. We determined the consumptive
use in this manner because metered groundwater data were not available from the
wells.
Contreras now has over one year of metered groundwater data available, so we
propose to use the data available between December 2010 and December 2011 to
estimate the livestock uses that occurred at Contreras prior to meter installation. Table
2 shows historical livestock uses at Contreras, which is based on an average daily
water consumption of 3.47 gallons per head per day between January 2007 and
November 2010. This daily water consumption number is slightly higher than what was
determined in last year's SWSP (1.3 gallons per head per day for bottle fed calves and
3.6 gallons per head per day for stock calves).
Beginning in December 2010, we use actual meter readings available from the wells to
determine the consumptive use of groundwater for livestock uses (Table 2). Livestock
uses from December 2010 and through the period of this SWSP will be determined by
taking the total amount of water pumped from the wells and deducting an estimated
groundwater use for residential indoor and outdoor uses (described in sections below).
More specifically, livestock uses will be computed as follows:
Livestock Uses = Total Metered Use - Residential Indoor Delivery - Residential Outdoor Delivery
Pumping for livestock uses will be considered 100 percent consumptive.
Mr. Kim Lawrence, Esq.
Case No. 10CW269 - SWSP Renewal Request
March 15, 2012
Page 3 of 5
Residential Indoor Water Use
Contreras uses their two wells to provide indoor water uses for two residential
households. To estimate this use, we have assumed four residents per house, with
each resident using 80 gallons of water per day. As shown in Table 3, the amount of
water delivered for indoor use is estimated to be 0.72 ac -ft per year. The existing
households at Contreras make use of septic disposal systems, which return 90% of the
water delivered for indoor uses (10% consumption). The consumptive use of
groundwater for indoor residential uses is estimated to be 0.072 ac -ft per year. More
specifically, indoor residential uses will be computed as follows:
Residential Indoor Delivery = 2 households x 4 residents/house x 80 gal/day
Residential Indoor CU of OW = Residential Indoor Delivery x 10%
Residential Outdoor Water Use
Contreras uses their two wells to irrigate two 1,400 square feet (0.03 acres per lawn)
turfgrass lawns that are located adjacent to each residence described above. These
turfgrass lawns were installed during the summer of 2010.
We used the Integrated Decision Support Group Model (IDSCU Version 3.3.102) to
estimate lawn irrigation demand. In IDSCU, we calculated the net irrigation water
requirement for these lawn areas using the Modified Blaney-Criddle equation. We used
climate data between 1993 and 2009 from the Lucerne CoAgMET weather station
(LCN01) because this station is the closest station to Contreras. The net irrigation
requirement of Kentucky bluegrass was calculated to be 2.39 ac -ft per acre as shown in
Table 4.
As shown in Table 5, the amount of water delivered for outdoor use is estimated to be
0.19 ac -ft per year. We estimate that the irrigation efficiency for the landscape irrigation
at Contreras is 80%. The consumptive use of groundwater for outdoor uses is
estimated to be 0.15 ac -ft per year. More specifically, outdoor residential uses will be
computed as follows:
Residential Outdoor Delivery = (2 lawns x 0.03 acres x 2.39 ac-ft/acre) / 80% efficiency
Residential Outdoor CU of GW = Residential Outdoor Delivery x 80%
Total Consumptive Use of Groundwater
The total consumptive use of groundwater for all uses is summarized in Table 3 and is
calculated as follows:
Total CU of GW = Livestock Uses + Residential Indoor CU + Residential Outdoor CU
Mr. Kim Lawrence, Esq.
Case No. 10CW269 - SWSP Renewal Request
March 15, 2012
Page 4 of 5
On average between 2007 and 2011, the consumptive use of groundwater from the
Contreras wells has been 8.58 ac -ft per year.
STREAM DEPLETIONS
The depth of the Contreras Wells are around 400 feet and according to maps provided
by the State Engineer's Office', the wells are assumed to withdraw from the Laramie -
Fox Hills (LFH) aquifer in the Cheyenne Basin. In the area of the wells, the LFH aquifer
is believed to be confined. However, as the LFH aquifer extends southerly towards the
South Platte River, it sub -crops and becomes in connection with the overlying alluvial
aquifer.
As shown in Figure 2, depletions from the Contreras wells were determined to impact
Crow Creek in Section 13, Township 6 North, Range 64 West, 6°' P.M., just south of the
Greeley Canal No. 2 near Bamesville, Colorado. Crow Creek is generally considered to
be an intermittent stream. At the location where depletions from the Contreras wells
come into contact with Crow Creek, the aquifer sub -crops. From this point and below,
Crow Creek is live until its confluence with the South Platte River.
We used the Integrated Decision Support Group's Alluvial Water Accounting System
model (AWAS Version 1.5.77) to determine the lagged effect of well pumping to the
point of depletion on Crow Creek. For the purpose of this analysis, we modeled the
LFH aquifer as a confined infinite aquifer using Glover methodology in AWAS. The
perpendicular distance from the well to the point of depletion (X) along Crow Creek is
approximately 26,756 feet for Well No.1 and 26,672 feet for Well No.2. We calculated
the harmonic mean of transmissivity to be 1,100 gallons per day per foot along the
distance "X," which was determined from existing well data and values provided by
Kirkham2. The storativity for the LFH was estimated to be 0.0002, which is typical for a
confined aquifer.
The depletions associated with the consumptive use of groundwater from the Contreras
wells are shown in Table 6. To estimate the consumptive use of groundwater that will
occur during the period of this SWSP, we used actual measured well uses that occurred
in 2011. As shown in Table 6, stream depletions during the period of this SWSP are
estimated to be 6.32 ac -ft (June 1, 2012 through May 31, 2013).
' Cheyenne Basin, Structure Contour Maps of the Laramie -Fox Hills Aquifer, Sheets 1 to 3, dated August
27, 1991
2 Kirkham, Robert M. and John W. Rold. 1986. Special Publication 29, Water Resources of the Upper
Crow Creek, CO. Colorado Geological Survey, Department of Natural Resources, State of Colorado.
Denver, Colorado.
Mr. Kim Lawrence, Esq.
Case No. 10CW269 - SWSP Renewal Request
March 15, 2012
Page 5 of 5
REPLACEMENT WATER
Contreras currently owns one share of New Cache, which they will use in this SWSP to
replace stream depletions. This share was historically used to irrigate lands in Section
32, Township 6 North, Range 65 West, of the 6th P.M. in Weld County, Colorado. Since
the mid to late 1960's, the share was used on the Bruce Johnson Farm located in the E
1/2 of the same section.3
From the New Cache Ditchwide Report, the historical consumptive use associated with
New Cache shares (including Contreras' share) is estimated to be 6.64 ac -ft per share.
Farm headgate deliveries, historical consumptive use, and surface and subsurface
return flows for New Cache shares are shown in Table 7.
Operation of Plan
Pursuant to the Contreras/LPAC/New Agreement, LPAC and New Cache will take
delivery of the New Cache share into their recharge site(s) and in turn will deliver the
water that Contreras is entitled to under the New Cache share so as to make
replacements/accretions available to replace depletions associated with the Contreras
wells. Table 8 shows that Contreras can operate from June 1, 2012 to May 31, 2013
without injury to other water rights.
Contreras is currently in the process of acquiring an additional New Cache share, which
they intend to dedicate to this plan for replacement purposes. It is anticipated that
stream depletions associated with pumping from the Contreras wells will exceed the
consumptive use credit available under the New Cache share that Contreras currently
owns in the near future (see Table 8).
Please feel free to contact our office if you have any questions or require any further
information.
Sincerely,
Clear Water Solutions, Inc.
Rachel Kullman, P.E.
Water Resource Engineer
Enclosures: Tables 1 — 8, Figures 1 & 2, Appendix A
cc: Jorge Contreras
3 Personal communication with Bruce Johnson, previous owner of Contreras' New Cache share
Tablet
Contreras Fanne, Inc.
Well Information
Confreres Well
No.
Permit No.
WD -ID
Case No.
Appropriation Date
O40 O160
Section Township
Range
1-10532
2010CW269
11/22/2006
SW SW
19 1 7N
63W
1
75196
2
75197
1.10533
2010CW269
7/26/2007
SE SW
19 7N
63W
rkruWATERsuhuir!ns
.um tight.. planning . enP4nnanp
Table 2
Contreras Farms, Inc.
Summary of Groundwater Consumptive Use
Date
Metered?
Total
Headcount
Total Metered
Groundwater
Use
(AF)
Indoor
Residential
CU
(AF)
Outdoor
Residential
CU
(AF)
Calculated
Livestock
Use
(AF)
Total
Consumptive
Use of
Groundwater
(AF)
Jan -07
No
1,700
-
0.01
0.00
0.60
0.61
Feb -07
No
1,700
-
0.01
0.00
0.55
0.55
Mar -07
No
1,800
-
0.01
0.00
0.64
0.65
Apr -07
No
1,900
-
0.01
0.00
0.65
0.66
May -07
No
1,859
-
0.01
0.00
0.66
0.67
Jun -07
No
1,875
-
0.01
0.00
0.65
0.65
Jul -07
No
1,852
-
0.01
0.00
0.66
0.66
Aug -07
No
1,790
-
0.01
0.00
0.64
0.64
Sep -07
No
1,800
-
0.01
O00
0.62
0.63
Oct -07
No
1,752
-
0.01
0.00
0.62
0.63
Nov -07
No
1,752
-
0.01
0.00
0.60
0.61
Dec -07
No
1,860
-
0.01
0.00
0.66
0.67
Jan -08
No
1,852
-
0.01
0.00
0.66
0.66
Feb -08
No
1,850
-
0M1
0.00
0.62
0.62
Mar -08
No
1,870
-
0.01
0.00
0.66
0.67
Apr -08
No
1,985
-
0.01
0.00
0.68
0.69
May -08
No
2,154
-
0.01
0.00
0.77
0.77
Jun -08
No
2,184
-
0.01
0.00
0.75
0.76
Jul -08
No
2,045
-
0.01
0.00
0.73
0.73
Aug -08
No
1,980
-
0.01
0.00
0.70
0.71
Sep -08
No
2,085
-
0.01
0.00
0.72
0.72
Oct -08
No
2,080
-
0.01
0.00
0.74
0.75
Nov -08
No
2,052
-
0.01
0.00
0.71
0.71
Dec -08
No
2,000
-
0.01
0.00
0.71
0.72
Jan -09
No
1,700
-
0.01
0.00
0.60
0.61
Feb -09
No
1,700
-
0.01
0.00
0.55
0.55
Mar -09
No
1,400
-
0.01
0.00
0.50
0.50
Apr -09
No
1,450
-
0.01
0.00
0.50
0.50
May -09
No
1,650
-
0.01
0.00
0.59
0.59
Jun -09
No
1,632
-
0.01
0.00
0.56
0.57
Jul -09
No
1,652
-
0.01
0.00
D.59
0.59
Aug -09
No
1,604
-
0.01
0.00
0.57
0.58
Sep -09
No
1,605
-
0.01
0.00
0.55
0.56
Oct -09
No
1,612
-
0.01
0.00
0.57
0.58
Nov -09
No
1,652
-
0.01
0.00
0.57
0.57
Dec -09
No
1,620
-
0.01
0.00
0.58
0.58
Jan -10
No
1,750
-
0.01
0.00
0.62
0.63
Feb -10
No
1,752
-
0.01
0.00
0.56
0.57
Mar -10
No
1,894
-
0.01
0.00
0.67
0.68
Apr -10
No
2,024
-
0.01
0.01
0.70
0.71
Table 2
Contreras Farms, Inc.
Summary of Groundwater Consumptive Use
Date
Metered?
Total
Headcount
Total Metered
Groundwater
Use
(AF)
Indoor
Residential
CU
(AF)
Outdoor
Residential
CU
(AF)
Calculated
Livestock
Use
(AF)
Total
Consumptive
Use of
Groundwater
(AF)
May -10
No
2,100
-
0.01
0.02
0.75
0.78
Jun -10
No
2,120
-
0.01
0.03
0.73
0.77
Jul -10
No
2,100
-
0.01
0.04
0.75
0.79
Aug -10
No
2,130
-
0.01
0.03
0.76
0.79
Sep -10
No
2,175
-
0.01
0.02
0.75
0.77
Oct -10
No
2,100
-
0.01
0.01
0.75
0.76
Nov -10
No
2,100
-
0.01
0.00
0.72
0.73
Dec -10
Yes
2,145
0.90
0.01
0.00
0.84
0.84
Jan -11
Yes
2,050
0.93
0.01
0.00
0.87
0.87
Feb -11
Yes
1,950
0.92
0.01
0.00
0.87
0.87
Mar -11
Yes
2,450
1.01
0.01
0.00
0.95
0.96
Apr -11
Yes
2,664
1.01
0.01
0.01
0.94
0.95
May -11
Yes
2,873
0.97
0.01
0.02
0.89
0.91
Jun -11
Yes
3,310
1.68
0.01
0.03
1.58
1.62
Jul -11
Yes
2,922
1.26
0.01
0.04
1.15
1.19
Aug -11
Yes
2,988
1.00
0.01
0.03
0.91
0.94
Sep -11
Yes
2,635
0.90
0.01
0.02
0.82
0.84
Oct -11
Yes
2,680
0.82
0.01
0.01
0.75
0.76
Nov -11
Yes
2,402
0.56
0.01
0.00
0.50
0.51
Dec -11
Yes
2,834
0.77
0.01
0.00
0.71
0.71
Notes:
(1) Well use metered starting in December2010
(2) Livestock headcount data obtained from Contreras Farms, Inc.
(3) Livestock use calculated as the total metered use less consumptive use of groundwater for
residential purposes (indoor & outdoor)
(4) Livestock use assumed 100% consumptive
(5) Indoor residential use calculated as shown in Table 3
(6) Outdoor residential use calculated as shown in Table 5. Turfgrass Installed in 2010.
Table 3
Contreras Farms, Inc.
Summary of Residential Indoor Water Use
Month
Residential
Indoor Water
Delivery
(AF)
Residential
Indoor CU of
GW
(AF)
Jan
0.06
0.006
Feb
0.05
0.005
Mar
0.06
0.006
Apr
0.06
0.006
May
0.06
0.006
Jun
0.06
0.006
Jul
0.06
0.006
Aug
0.06
0.006
Sep
0.06
0.006
Oct
0.06
0.006
Nov
0.06
0.006
Dec
0.06
0.006
Total
0.72
0.072
Notes:
(1) Indoor Residential Use is based upon:
Number of houses = 2
Number of residents / house = 4
Gallons / resident I day = 80
Consumptive use of septic system = 10%
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Table 5
Contreras Farms, Inc.
Summary of Residential Outdoor Water Use
Month
Residential
Outdoor Water
Delivery
(AF)
Residential
Outdoor CU of
OW
(AF)
Jan
0.00
0.00
Feb
0.00
0.00
Mar
0.00
0.00
Apr
0.01
0.01
May
0.03
0.02
Jun
0.04
0.03
Jul
0.05
0.04
Aug
0.04
0.03
Sep
0.02
0.02
Oct
0.01
0.01
Nov
0.00
0.00
Dec
0.00
0.00
Total
0.19
0.15
Notes:
(1) Outdoor Residential Use is based upon:
Number of houses = 2
Lawn area (ftl) = 1,400
Lawn Irrigation Efficiency,= 80%
by rWATERs,.h, u.me
..,. v......cu.,......
Table 6
Contreras Farms, Inc.
Stream Depletion Summary
Date
Estimated
Consumptive
Use of GW -
Well No. 1
(AF)
Estimated
Consumptive
Use of GW -
Well No. 2
(AF)
Estimated
Consumptive
Use of GW -
Total
(AF)
Total Stream
Depletions
(AF)
0.81
0.81
1.62
0.48
Jun -12
Jul -12
0.6
0.6
1.20
0.50
Aug -12
0.47
0.47
0.94
0.52
Sep -12
0.42
0.42
0.84
0.52
Oct -12
0.38
0.38
0.76
0.54
Nov -12
0.25
0.25
0.50
0.54
Dec -12
0.36
0.36
0.72
0.56
Jan -13
0.28
0.28
0.56
0.56
Feb -13
0.44
0.44
0.88
0.50
Mar -13
0.48
0.48
0.96
0.54
Apr -13
0.48
0.48
0.96
0.52
May -13
0.46
0.46
0.92
0.54
Jun -13
0.81
0.81
1.62
0.52
Jul -13
0.6
0.6
1.20
0.54
Aug -13
0.47
0.47
0.94
0.56
Sep -13
0.42
0.42
0.84
0.56
Oct -13
0.38
0.38
0.76
0.58
Nov -13
0.25
0.25
0.50
0.58
Dec -13
0.36
0.36
0.72
0.60
Jan -14
0.28
0.28
0.56
0.58
Feb -14
0.44
0.44
0.88
0.52
Mar -14
0.48
0.48
0.96
0.58
Apr -14
0.48
0.48
0.96
0.56
May -14
0.46
0.46
0.92
0.58
Total SWSP
(Jun 2012 - May 2013)
5.43
5.43
10.86
6.32
Total SWSP
(Jun 2013 - May 2014)
5.43
5.43
10.86
6.76
Notes:
(1) Well use assumed to be 50% from each well
(2) Glover parameters:
Well No. 1 Glover X (ft) = 26,756
Well No. 2 Glover X (ft) = 26,672
Glover T (gpd/ft) = 1,100
Storativity = 0.0002
WATER..
Table 7
Contreras Farms, Inc.
New Cache La Poudre Irrigating Company Summary from Ditchwide Analysts
Apr May Jun Jul Aug Sep Oct Taal
NCLPIC Dina Flow Rights DIwnlcns Including Exe1 . (acr.t.M
Average 887 9661 6731 1337 186 37271
Medmem 37�Jb —l4@ 17869 1 6082 9790 160340
Per Share Diversions bare-/aAmpspp,,22�� �'T" _ 9�Q _1 .�B
Madna,m 1.7 EAi'�j�Faa" 1 7.0§
Canal Oate Ddverles (acre -t..
Average Total
Average per Share
Lateral Lase, (acrahet)
Average Total 10
AveragepeShara 0.01
Farm Delbert** (serare.)
Average 824 7110
Medmum 1698 19082
336
467
355
126
Per Sane Farm Deliverers Morgrfalti
Avorape 1 2.64
Maxmum 76 868
tiandcal ConsunaUva Use (aer
Average
Maximum
Par Share Consurpt(ve Use
Average
Maximum
Average Hbtodeal Consumedly* Use Parasitism;
Olvrelons 25.8%
Castel Gab Delvedes
Farm Daher/
0.19
0.14
0.05
o.69 635-1-117-101
2.70 152 21.74
48.7%
61.1%
Sudaoe Wmer Runoff Rotuma aon4es
Average Total J04 1 2283 534, 1018
Average per ahem
Avenge 8tuleee Water RellOrt WMe Pe 1p6n es
ONenlon9 17 % 6 2% 18.99
Caner Gab Oafvedes 30.9% 0.6% 28.6%
Fans Delivery 9 .5895 %.$%-
49.7%
0801
10697
3.02
8.28
432% 63.8%
8249{
37.1%
29.2%
443%
16.6%
66.3%
7030
18166
3.01
7,28
693%
62.4%
Average Total
Average per Share
Average Deep Porcolmlon Returns Pm meant es
Dlvenlona 19.1%
Canal are DeAvrtea
Fenn OetveF7
0.14
Dap Percolation Returns (acrobat
66 1294
O. I 042
`Ib%
14.9%
7.1%
97A%
18.2%
I 2603 I
8418
Loa
227
648%
61.7%
0 1 0.01
1240 I $9-1-9040
M8g 1719 I 80842
0.69
2.40
584%
81.5%
0.09
0.69
44.6%
47.4%
630 296 I 77
0A2 003
1134
20.34
940%
673%
7860
3.14
209%
23996
24.1
20.6%
23.4%
22.3%
22.11%
10,6%
31.0%
33.7%
Kg
27.2 {
1402 I 1017 1 350
058 0.41 1 0.14
11.0%
14.1%
14.8%
11.6%
12.0%
132%
11.7%
13.2%
13.6%
175
0.07
43
0.02
4100
1.78
13.3%
13.7%
14.4%
9.3%
17.7%
149%
145%
16.3%
Total Ground Water Return Flow Component (lateral loss + dean peraclallon(
Aveage Total 72 11 I 1939 I 1372
Average per Share 0.03 I 8.66 0.78 0.66
456
0.19
Average Ground tumor Return Plow Component Percentages (tot Delermmrng
Diversions 12.3% 152% 14.6% 16.7% 10.8% 10.3%
Canal Gab Ddvelbs 21.0% 21.9% 154% 17.4% 117.8% 18,7.%
Form Delivery 22.0% 23.0% I 19.6% 19196 16.6% 19.7%
40
0.10 1 • •2 I 2.32
e Input.)
125%
24.0%
254%
5.6%
19
20.1%
Notes:
(1) Taken from Table 22 in Ditchwide Historical Use Analysis for New Cache La Poudre Irrigating Company and
Cache La Poudre Reservoir Company, Shares Used in the Greeley Canal No.2, Case Nos. 06CW295 and
04CW025. Prepared by HRS Water Consultants, Inc., January, 2010
WATER:..�.�rr.nr.
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Date: 3-12-2012
L, r: WATER so
watt, t ghls • plua.y • ..Oiuulny
Figure 1
CONTRERAS FARMS, INC.
Farm and Well Location
Drawn By: MLH
Scale: as shown
Job No: 10-150
Contreras Well No.1
Contreras Well No.2
Glover Parameter "X"
(Well No.1)
Glover Parameter "X"
(Well No.2)
Approximate location where Contreras
Well depletions impact Crow Creek
Date: 3-12-2012
0 0.25 0.5
i Miles
• USGS 24K Topographic Map - Weld County
n; WATER ;0'lutrims
vl et right' • planning • .m leotIS9
�� 4,m..,.1.W 3ree
Figure 2
CONTRERAS FARMS, INC.
Point Where Depletions Impact Crow Creek
Drawn By: MLH
Scale: as shown
Job No: 10-150
Form No. OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 8883881
APPLICANT
LIC
WELL PERMIT NUMBER 75198 -F
DIV. 1 WD I DES. BASIN MD
JORGE & GUADALIA CONTRERAS
CONTRERAS FARMS INC
30189 WCR 78
EATON, CO 80616-
(970) 371.4944
CHANGE/EXPANSION OF USE OF AN EXISTING WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used In such a way as to cause no material Injury to existing water rights. The Issuance of this permit
does not ensue that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a Sit court action.
2) The construction of this weN shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well la operated In accordance with the Contreras
Farms, Inc. substitute water supply plan approved by the State Engineer on June 16, 2011. This well shall not be operated
unless it Is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved
by the water court. The subject water supply plan is valid through May 31, 2012, and if not extended or U a court approved
plan for augmentation la not In operation, diversion of ground water from this well must cease Immediately.
4) Approved for the use of en existing well constructed under well permit no. 247289, Issuance of this permit hereby cancels
permit no. 247289.
5) The use of ground water from this well Is limited to residential use in 1 household, the watering of 1,400 square feet of
lawn and garden and the watering of livestock within a commercial feedlot operation.
8) The pumping rate of this well shall not exceed 15 GPM.
7) The annual amount of ground water to be appropriated shall not exceed 6.64 acre-feet (as requested) or the quantity
approved under the substitute water supply plan or court approved augmentation plan, whichever is less.
8) The owner shell mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case
numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
9) A totalizing flow meter must be installed on this well and maintained In good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) end submitted to the Divlslon Engineer upon
request.
10) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, thistle not owned by
the applicant.
11) This well shall be constructed not more than 200 feet from the location specified on this permit .
12) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and
regulations.
APPROVED WELL LOCATION
WELD COUNTY
SW 1/4 SW 1/4 Section 19
Township'! N Range 63 W Sixth P.M.
PISTANCkS FROM SECTION LINES
670 Ft. from South Section Line
960 Ft. from West Section Line
UTM COORDINATES (Meters,Zone:13.NAD831
Easling: Northing:
cat) (42Zh),
APPROVED
JMW
c
Engineer
Receipt No, 3847961 11
By
PIRAT
Form No.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
eta Centennial Bldg., 1313 Sherman St., Denver, Colorado 00203
(303)866-3581
LIC
WELL PERMIT NUMBER 75197 -F
DIV. 1 WO1 DES. BASIN MD
JORGE & GUADALIA CONTRERAS
CONTRERAS FARMS INC
30189 WCR 78
EATON, CO 80615-
(970) 371-4944
CHANGE!EXPANSION OF USE OF AN EXISTING WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shell be used In such a way as to cause no material Injury to existing water rights. The Issuance of this permit
does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief In a civil court action.
2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402.2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors In accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well Is operated In accordance with the Contreras
Farms, Inc. substitute water supply plan approved by the State Engineer on June 15, 2011. This well shall not be operated
unless It Is Included In a substitute water supply plan approved by the State Engineer or a plan for augmentation approved
by the water court. The subject water supply plan b valid through May 31, 2012, end If not extended or if a court approved
plan for augmentation Is not In operation, diversion of ground water from this wall must cease Immediately.
4) Approved for the use of an existing well constructed under well permit no. 273713. Issuance of this permit hereby cancels
permit no. 273713.
5) The use of ground water from this well is limited to residential use in 1 household, the watering of 1,400 square feet of
lawn and garden and the watering of livestock within a commercial feedlot operation.
The pumping rate of this well shall not exceed 15 GPM.
6)
7) The annual amount of ground water to be appropriated shall not exceed 8.84 acre-feet (as requested) or the quantity
approved under the substitute water supply plan or court approved augmentation plan, whichever Is less.
8) The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
10) This well shall be constructed at least 800 feet from any existing well, completed in the same aquifer, that is not owned by
the applicant.
11) This well shall be constructed not more than 200 feet from the location specified on this permit .
12) This well Is subject to administration by the Division Engineer in accordance with applicable decrees, statute , rule , and
regulations. (172,Ij
APPROVED WELL LOCATION
WELD COUNTY
SE 1/4 SW 1/4 Section 19
Township 7 N Range 63 W Sixth P.M.
DISTANC S FROM SECTION LINES
420 Ft. from South Section Line
1830 Ft. from West Section Line
UTM COORDINATES (Metere.Zone:13.NAD83)
Easting: Northing:
APPROVED
JMW
Slate Engineer
Receipt No. 3647963 DATE ISSUED 06-22-2011
MEMORANDUM
TO: Weld County Commissioners
DATE: January 6, 2012
FROM: Chris Gathman
SUBJECT: USR-1590 Status
Timeline:
• Approved by the Board of County Commissioners 6/20/2007.
• Late Plat Notice Letter sent dated 6/29/2009.
• 7/8/2009 - AGPRO indicates has been contracted by Mr. Contreras to work with him on finalizing
conditions of approval (request of 120 additional days to finalize the USR).
• 8/2009 - Visit to site re: discharge of process waste water.
• Open burning memo from Troy Swain — Public Health dated 10/5/2009.
• Late plat notification letter sent 7/23/2010.
• Letter response from applicant dated 8/12/2010 indicating AGPRO has designed new pond (to
replace previous pond) to meet CAFO requirements — request of 180 days.
• Late plat notification letter sent 7/22/2010
• Discharge complaint investigation 7/19/2011.
• Late plat notification letter sent via certified mail 8/4/2011
• E-mail from Troy Swain in response to Discharge complaint investigation 8/12/2011.
• Certified mail receipt received from Contreras 8/15/2011.
• 2n° late plat notification letter sent via certified mail 9/26/2011
• Certified mail receipt received from AGPRO - 9/29/2011
• Certified mail receipt received from Contreras — 10/12/2011
• Letter from the Colorado Department of Public Health & Environment (CDPHE) dated 11/9/2011
granting an extension until 12/16/2011 to address wastewater containment.
• 3rd late plat notification letter sent via certified mail 12/9/2011
• Certified receipt received from AGPRO - 12/16/2011.
2013-0122
• Certified receipt received from Contreras — 12/22/2011
• Letter from CDPHE dated 1/5/2012 grants an extension until 2/24/2012 to submit a plan to
addressing improvements to be installed to address wastewater containment and requiring that
improvements be implemented no later than 6/29/2012.
Remaining Outstanding Conditions of Approval:
The applicant has been granted a Substitute Water Supply Plan (SWSP) for the calving operation through May
31, 2012. Either a new SWSP plan will need to be granted after this date or a new SWSP will need to be
granted after this date or an augmentation plan will be needed. Another issue is that the SWSP was granted
under the assumption of approximately 1,800 cattle/calves being on the site when USR-1590 was actually
approved for up to 5,000 head. The water supply may currently be adequate for existing operations, but not
for up to 5,000 head. It is staffs position that the applicant needs to indicate that there is adequate water in
place for the maximum # of animals requested in the application. All remaining conditions of approval
(including the all of the State of Colorado CAFO requirements) are still outstanding.
Staff Recommendation:
Staff has had conversations with the applicant's representative (Tim Naylor) and he indicated they will be
requesting 6 -month continuance to finalize the design of the improvements to address wastewater
containment and address all CDPHE requirements along with remaining conditions of approval for USR-
1590. Given that this is an existing operation that has had compliance issues with the State of Colorado
and the fact that the water supply (SWSP) does not appear to meet the overall # of animals approved
under USR-1590 — the Department of Planning Services recommends that this case be scheduled for a
Rescission hearing.
Esther Gesick
From: Chris Gathman
Sent: Thursday, January 05, 2012 10:51 AM
To: Esther Gesick
Subject: FW: Contreras Farms, Inc.
Attachments: CONPC0109_Contreras_CA_unlined basin_1-4-12.pdf
More correspondence for USR-1590.
Chris Gathman
Planner Ill
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Troy Swain
Sent: Thursday, January 05, 2012 9:12 AM
To: Chris Gathman
Subject: FW: Contreras Farms, Inc.
Status with regards to Contreras Farms. They are not in compliance with their Development Standards unlined
impoundment areas and no CAFO Discharge Permit.
Troy E. Swain
Waste Program Coordinator
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
mis
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
1
ELl901
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: DeVolin, Chad M.[mailto:Chad.DeVolin@dohe.state.co.us]
Sent: Thursday, January 05, 2012 8:20 AM
To: Woodford, Phyllis; Scott, Sean
Cc: Janine Baratta; Troy Swain
Subject: Contreras Farms, Inc.
Attached please find your electronic copy of the Ag Program's compliance advisory to the above referenced facility for
failure to meet their extension deadline.
Thank you,
Chad DeVolin
Environmental Protection Specialist
Environmental Agriculture Program
Division of Environmental Health and Sustainability
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
(303)692-36141 chad.devolin@state.co.us
ci
2
STATE OF COLORADO
John W. Hickenlooper, Governor
Christopher E. Urbina, MD, MPH
Executive Director and Chief Medical Officer
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (303) 692-2000
Located in Glendale, Colorado
http://www.cdphe.state.co. us
January 5, 2012
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
Jorge Contreras
Contreras Farms, Inc.
30189 Weld County Road 78
Eaton, CO 80615
Subject: Compliance Advisory — Failure to Meet Extension Deadline
Dear Mr. Contreras:
Colorado Department
of Public Health
and Environment
On October 25, 2011, the Colorado Department of Public Health and Environment's Environmental
Agriculture Program (Ag Program) received a response from Contreras Farms, Inc. (facility)
addressing compliance concerns observed during a site visit to the facility on August 30, 2011.
These compliance concerns were summarized by the Ag Program in a follow-up report sent to the
facility on September 16, 2011.
The facility stated in the October 25, 2011 response that two options were being considered to
address groundwater concerns involving the unlined basin north of the existing impoundment that
collects runoff from the northern portion of the production area. The first option required lining an
area of the basin required to contain the runoff resulting from a 25 -year, 24 -hour storm event. The
second option involved the installation of a high capacity wastewater transfer pump and concrete
pump station. The pump would be designed to remove all wastewater as it collects. The facility
requested additional time to evaluate both options with its contractor and consultant before making
a final decision.
In a letter dated November 9, 2011, the Ag Program extended the facility's compliance deadline to
address groundwater concerns until December 16, 2011. The Ag Program expected that this
extension would allow the facility sufficient time to fully evaluate the proposed options, including
any necessary site assessments, and render a decision. However, the Ag Program was notified in a
letter dated December 16, 2011, that the facility could not meet the extended compliance deadline
and that the facility is still awaiting an assessment of the groundwater level before a decision can be
made. The facility expects to complete this assessment by February 10, 2012.
In order to bring the facility back into compliance, by February 24, 2012 please submit a response
to the Ag Program that definitively states what improvements will be implemented to address
compliance concerns associated with the unlined basin. In addition, please provide documentation
to the Ag Program demonstrating that the chosen improvements have been implemented by no later
Mr. Contreras
January 5, 2012
Page 2 of 2
than June 29, 2012. Please note — failure to respond to the above -described violation could result in
issuance of a formal enforcement action, such as a Notice of Violation/Cease and Desist order that
may include the assessment of penalties
Thank you for your attention to this important matter. If you have any questions, please feel free to
contact me at (303) 692-3614 or via email at chad.devolin@state.co.us
Sincerely,
Chad DeVolin
Environmental Agriculture Program
Colorado Department of Public Health and Environment
ec. Facility File — CONPC0109
cc. Janine Baratta, Agronomist, AgProfessionals, LLC
Phyllis Woodford, Manager, Environmental Agriculture Program, CDPHE
Scan Scott, Workgroup Lead, Environmental Agriculture Program, CDPHE
Troy Swain, Environmental Health Specialist, Weld County Dept. of Public Health & Environment
Esther Gesick
u
From: Chris Gathman
Sent: Friday, January 06, 2012 4:22 PM
To: Esther Gesick
Subject: FW: Contreras Farms, Inc. - Discharge Complaint and Departments Findings from July 19,
2011 investigation.
Attachments: Contreras 20110719 photos of pasture or confinement set 1.zip; Contreras 20110719 photos
of pasture or confinement set 2.zip
Another e-mail for Contreras (USR-1590). I have 3 more I will forward to you.
Chris Gathman
Planner Ill
Weld County Department of Planning Services
15 5 N. 17th Avenue, Greeley CO. 80631
Ph (970)353-6100 ext. 3537
Fax: (970)304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Troy Swain
Sent: Monday, August 15, 2011 2:35 PM
To: Chris Gathman
Subject: FW: Contreras Farms, Inc. - Discharge Complaint and Departments Findings from July 19, 2011 investigation.
Troy E. Swain
Environmental Health Specialist
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person
or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure.
If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.
Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments
by anyone other than the named recipient is strictly prohibited.
From: Troy Swain
Sent: Friday, August 12, 2011 4:02 PM
To: 'contrerasfarm@aol.com'
Cc: 'Janine Baratta'; Tom Parko; 'DeVolin, Chad M.'
Subject: Contreras Farms, Inc. - Discharge Complaint and Departments Findings from July 19, 2011 investigation.
August 12, 2011
Contreras Farms, Inc.
30189 Weld County Road 78
Eaton, Colorado 80615
Subject: Discharge Complaint and Departments Findings from July 19, 2011 investigation. MESSAGE 1 OF 4.
Dear Sir or Madam:
On July 18, 2011, the Department received a complaint alleging that the Contreras Farms Inc. calf raising
operation was discharging wastewater into an adjacent waterway and impacting downstream waters. The
complaint was investigated by Troy Swain of this Department on July 19, 2011. Mr. Pedro Ramirez was
contacted upon arrival at the facility who then showed the Department wastewater drainage features at the
facility.
No active discharge was taking place at the time of the Department's investigation. The complaint was verified
due to the following area being identified as an uncontrolled pathway of discharge to the alleged affected
waterway:
Northeast livestock pens: The pens have no drainage facilities or improvements constructed to protect bodies
of water from pollution as required by Sec. 23-4-710 (5), (6), and (9) of the Weld County Code. This matter is
being referred via this e-mail to the Colorado Department of Public Health and Environment's Environmental
Agriculture Program for consideration of whether the lack of run-off retention is in violation of the Animal
Feeding Operations Control Regulation (5 CCR 1002-81). SEE PASTURE OR CONFINEMENT SET 1 & SET 2
ATTACHED.
During the investigation the following observations were made:
Unlined impoundments: The Department discovered 2 unlined impoundments draining the west side animal
areas and manure piles. The unlined impoundments were not constructed to be protective of groundwater as
required by Sec. 23-4-710 (6), and (9) of the Weld County Code. This matter is being referred via this e-mail to
the Colorado Department of Public Health and Environment's Environmental Agriculture Program for
consideration of the impoundments being in violation of the Animal Feeding Operations Control Regulation (5
CCR 1002-81).
Ponding in southwest calf area: Ponding was observed south of the western most (west of entry driveway) calf
huts. Positive drainage to approved retention structures must be maintained to protect bodies of water and
groundwater per Sec. 23-4-710 (5), (6), and (9) of the Weld County Code.
2
Milk wash wastes: Milk wash wastes from the calf feed preparation area were being allowed to drain through a
cut into the main impoundment. This wastewater conveyance was not protective of groundwater and was
attracting flies. This wastewater conveyance should be hard piped to the impoundment. Conveyance is
required to be sanitary, protective of groundwater and comply with the Animal Feeding Operations Control
Regulation (5 CCR 1002-81) per Sec. 23-4-710 (5), (6), and (9) of the Weld County Code.
In addition, Contreras Farms, Inc. was granted a Site Specific Development Plan and Special Review Permit
#1590 (USR-1590) for a 5000 head calf raising operation on August 22, 2007. USR-1590 included numerous
conditions, which not all have been met. The plat has not been recorded. Please contact the Department of
Planning Services at 970-353-6100, ext. 3520. This matter is being referred to the Weld County Department of
Planning Services via this e-mail.
In accordance with Section 23-4-710 Livestock Feeding Performance Standards of the Weld County Code, the
Department is requiring that Contreras Farms, Inc. submit a plan and timeline for correcting the above
underlined items by September 15, 2011. The Department is available to meet with Contreras Farms to ensure
that any proposed actions and timelines are consistent with any other implementing agencies, such as the
Colorado Department of Public Health and Environment and the Weld County Department of Planning Services.
NOTE: ADDITIONAL PHOTO SETS WILL BE SENT IN FOLLOW-ON MESSAGES
Troy E. Swain
Environmental Health Specialist
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person
or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure.
If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.
Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments
by anyone other than the named recipient is strictly prohibited.
3
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
Greeley, CO 80631
cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
December 9, 2011
Jorge & Gaudalia Contreras
30189 County Road 78
Eaton, CO 80615
AGPROfessionals LLC
C/O Tim Naylor
4350 Highway 66
Longmont, CO 80504
Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1590.
Dear Applicant:
The Planning Department is working through our historical case files in an effort to resolve unrecorded
and outstanding land use permits. You are receiving this letter because you have applied for a Use by
Special Review (USR) permit with Weld County but have never followed through the steps to complete
the process. You should have received two other letters from me in August 2011 and concerning the
same topic.
On August 22, 2007, your application for an Use by Special Review was approved by the Weld County
Board of County Commissioners with specific Conditions of Approval. At this time the conditions of
approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and
Recorder.
One of the required Conditions of Approval in the Board of County Commissioners resolution grants the
applicants one -hundred twenty (120) days to submit a Mylar Plat, and provide written evidence that all
conditions outlined in the resolution have been completed. Should you choose not to complete the Use
by Special Review process and provide the required Mylar Plat, the Department of Planning Services
requests written notification of your decision to withdraw the application and that the use is not active on
the property.
If you are unable to meet the Conditions of Approval and record the plat by January 9, 2012 an initial
hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld
County Administration Building, located at 1150 O Street, at 9:00 am on January 9, 2012. It is strongly
encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the
authority to grant additional time to meet all the conditions/requirements of approval and record the plat or
schedule a final determination hearing to rescind approval of Use by Special Review, USR-1590 and
deny the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn Chris Gathman, 1555 N 17'" Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
Chris Gathman
Planner III
December 12, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1590)
Dear Mr. Gathman,
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date
Name date
Domestic Return Receipt
U.S. Postal Service..
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
Certified Fee
SENDER: COMPLETE THIS SECTION
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item 4 if Restricted Delivery Is desired.
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so'that we can return the card to you.
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or the front if space permits.
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so that we can return the card to you.
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PS Form 3811, February 2004
7006 0810 0002 6777 3985
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Domestic Retum Receipt 102595-02-M-1540
U.S. Postal Service,,
CERTIFIED MAIL. RECEIPT
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Postage
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See Reverse for Instructions
Chris Gathman
From: Troy Swain
Sent: Wednesday, November 09, 2011 9:32 AM
To: Chris Gathman
Subject: FW: Contreras Farms, Inc.
Attachments: image001.png; image002.jpg; image003.jpg; image004.png; CONPC0109
_Contreras_response letter_11-9-11.pdf; image007.png
USR-1590 — Contreras Farms
CDPHE Environmental Agriculture Program granted an extension till December 31, 2011. See attached letter. NOTE:
Facility cannot comply with the provisions of USR-1590 until it addresses violations of Reg. 81 and obtains a CDPS CAFO
Discharge Permit.
Troy E. Swain
Waste Program Coordinator
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
s
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person
or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure.
If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.
Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments
by anyone other than the named recipient is strictly prohibited.
From: DeVolin, Chad M.jmailto:Chad.DeVolindphe.state.co.usj
Sent: Wednesday, November 09, 2011 9:19 AM
To: Janine Baratta
Cc: Woodford, Phyllis; Scott, Sean; Troy Swain
Subject: Contreras Farms, Inc.
Attached please find your electronic copy of the Environmental Ag Programs response letter to the management
practices being implemented at the above referenced facility to address surface and groundwater concerns noted during
the August 30, 2011 site visit.
Chad DeVolin
Environmental Protection Specialist
Environmental Agriculture Program
Division of Environmental Health and Sustainability
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
1
STATE OF COLORADO
John W. Hickenlooper, Governor
Christopher E. Urbino, MD, MPH
Executive Director and Chief Medical Officer
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (303) 692-2000
Located in Glendale, Colorado
http://www.cdphe.state.co.us
November 9, 2011
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
Jorge Contreras
Contreras Farms, Inc.
30189 Weld County Road 78
Eaton, CO 80615
Subject: Response to Follow-up Report — August 30, 2011 Site Visit
Dear Mr. Contreras:
Colorado Department
of Public Health
and Environment
On October 25, 2011, the Colorado Department of Public Health and Environment's
Environmental Agriculture Program (Ag Program) received a response from Contreras Farms,
Inc. (facility) addressing compliance concerns observed during a site visit to the facility on
August 30, 2011. These compliance concerns were summarized by the Ag Program in a follow-
up report sent to the facility on September 16, 2011.
The surface water concerns detailed by the Ag Program in the follow-up report involved the pens
and surrounding area located in the southeast corner of the facility. This area lacked vegetation
and had no runoff containment in place to prevent wastewater from entering a nearby drainage
ditch. Based on the response, the Ag Program understands that the facility is no longer using
these pens for the processing or treatment of animals. The facility has added a chute and
generator which allows these activities to now be conducted in the main production area.
Regarding groundwater concerns detailed by the Ag program in the follow-up report, the facility
states in the response that various options are being considered to address the unlined basin,
north of the existing impoundment that collects runoff from the northern portion of the
production area. One option being considered involves lining the area of the basin that is
necessary to contain the runoff resulting from a 25 -year, 24 -hour storm event. Another option
being considered by the facility involves the installation of a high capacity pump and concrete
pump station. The pump would be capable of adequately removing all wastewater as it collects.
The facility has requested additional time to discuss and evaluate both options with its contractor
and consultant before making a final decision.
Mr. Contreras
November 9, 2011
Page 2 of 2
Based on the above information, the Ag Program is extending the facility's deadline to address
the groundwater concerns to December 16, 2011. The Ag Program expects that this extension
will allow the facility to fully evaluate the options and therefore provide a complete response on
what management practice will be implemented. No additional deadline extensions will be
granted.
Thank you for your prompt response and attention to this matter. If you have any questions,
please feel free to contact me at (303) 692-3614 or via email at ch,nl dcv ohn ,i date co us
Sincerely,
Chad DeVolin
Environmental Agriculture Program
Colorado Department of Public Health and Environment
cc. Facility File — CONPC0109
cc. Janine Baratta, Agronomist, AgProfcssionals, LLC
Troy Swain, Environmental Health Specialist, Weld County Dept. of Public Health & Environment
Phyllis Woodford, Manager, Environmental Agriculture Program, CDPHE
Sean Scott, Workgroup Lead, Environmental Agriculture Program, CDPHE
u
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
Greeley, CO 80631
cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
September 26, 2011
Jorge & Gaudalia Contreras
30189 County Road 78
Eaton, CO 80615
AGPROfessionals LLC
C/O Tim Naylor
4350 Highway 66
Longmont, CO 80504
Subject: 2n° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, USR-1590.
Dear Applicant:
The Planning Department is working through our historical case files in an effort to resolve unrecorded
and outstanding land use permits. You are receiving this letter because you have applied for a Use by
Special Review (USR) permit with Weld County but have never followed through the steps to complete
the process. You should have received another letter from me in ?July? concerning the same topic.
On August 22, 2007, your application for an Use by Special Review was approved by the Weld County
Board of County Commissioners with specific Conditions of Approval. At this time the conditions of
approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and
Recorder.
One of the required Conditions of Approval in the Board of County Commissioners resolution grants the
applicants one -hundred twenty (120) days to submit a Mylar Plat, and provide written evidence that all
conditions outlined in the resolution have been completed. Should you choose not to complete the Use
by Special Review process and provide the required Mylar Plat, the Department of Planning Services
requests written notification of your decision to withdraw the application and that the use is not active on
the property.
If you are unable to meet the Conditions of Approval and record the plat by January 9, 2012 an initial
hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld
County Administration Building, located at 1150 O Street, at 9:00 am on January 9, 2012. It is strongly
encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the
authority to grant additional time to meet all the conditions/requirements of approval and record the plat or
schedule a final determination hearing to rescind approval of Use by Special Review, USR-1590 and
deny the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
Chris Gathman
Planner Ill
September 26, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1590)
Dear Mr. Gathman,
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date
Name date
SENDER: COMPLETE THIS SECTION
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so that we can return the card to you.
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1. Article Addressed to:
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COPUI'LL'_ THIS SECTION ON DELIVERY
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OCT 12 2011
W Id County Harming Depertlfll3ilt
GRFFLEY OFFICE
3. Service Type
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❑ Registered
❑ Insured Mail
❑ Express Mail
❑ Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee)
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt
7010 1870 0000 '4773 6928
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3. Service Type
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❑ Registered
❑ Insured Mall
❑ Express Mail
❑ Return Receipt for Merchandise
O C.O.D.
4. Restricted Delivery? (Extra Fee) O Yes
2. Article Number
(Transfer from service label)
7010 1870 0000 4773 6911
PS Form 3811, February 2004
Domestic Return Receipt 102595-02-M-1540
U.S. Postal Service
CERTIFIED MAIL, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com,.
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Total Postage & Fees
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See Reverse for Instructions
•
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
Greeley, CO 80631
cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
August 4, 2011
Jorge & Gaudalia Contreras
30189 County Road 78
Eaton, CO 80615
Re: Conditions of Approval; Use by Special Review USR-1590
Dear Applicant:
On August 22, 2007, your application for an Use by Special Review was approved by the Weld County
Board of County Commissioners with specific Conditions of Approval. At this time the conditions of
approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and
Recording.
One of the required Conditions of Approval in the resolution grants the applicants One -Hundred Twenty
(120) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the
resolution have been completed. Should you choose not to complete the Use by Special Review
process and provide the required Mylar Plat, the Department of Planning Services requests written
notification of your decision to withdraw the application and that the use is not active on the property.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of
Approval normally associated with land use cases, and is willing to work with you in completing your
request. Please notify the Department of Planning Services, in writing, within 10 working days of your
decision to complete the Use by Special Review within the next 60 days or withdraw the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
Chris Gathman
Planner III
pc: case file
August 4, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17'" Ave
Greeley, CO 80631
RE: Use by Special Review Application (USR-1590)
Dear Mr. Gathman,
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date
Name date
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
hem 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
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or on the front if space permits.
COMPLETE THIS SECTION ON DELIVERY
A SI nature /L _
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GREEL:EY OFFICE � Insured Mall
4. Restricted Delivery? (Extra Fee)
❑ Express Mall
❑ Return Receipt for Merchandise
❑ C.O.D.
O Yes
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt
7010 1870 0000 '4773 7253
1870 0000 4773 7253
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
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Identify Results
•
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Page 1 of 1
Parcel Summary
Parcel#: 071319300008
Owner: CONTRERAS JORGE
Address: 30189 CR 78
City: EATON
State: CO
Zip Code: 80615
Account#:R12 87596
Additional Owners on this Parcel
CENTRERAS GAUDALIA
Detail Information:
PARCEL
LAND
PROPERTY PROFIL
BUILDING
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Identify Results
•
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Page 1 of 1
Parcel Summary
Parcel#: 071319300019
Owner: CONTRERAS JORGE
Address: 30189 CR 78
City: EATON
State: CO
Zip Code: 80615
Account#:R2574503
Other Accounts on this Parcel
_Account Ty Jae # of Account's
Manufactured Home 2
Additional Owners on this Parcel
CONTRERAS GAUDALIA
Detail Information:
LAND
PROPERTY PROFILE
BUILDING '.
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03/09/2009 15:32 9704542875
CONTRERAS FARMS
PAG. 01/06
DEPARTMENT OF NATURAL RESOURCES
DIVISION OP WATER RESOURCES
June 15, 2011
Mr. Kim i2. Lawrence
Lawrence Jones Custer Cirasmick LLP
355 Eastman Park Drive, Suite 200
Windsor, CO 80550
Re: Substitute Water Supply Plan for Confreres Farms, Inc.
Case No. 2010CW269, WDID 0102868
Section 19, Township 7 North, Range 83 Welt, ern P.M.
Water Division 1, Water District 1, Weld County
Approval Period: June 1,2011 through May 31, 2012
Contact Phone Number for Mr. Lawrence,- 970-674-9888
Dear Mr. Lawrence:
Joho W. Wlekenrooper
Covemor
Mike Kll11yQq
EtIXaave Director
Dick Wolf, P.e.
Director/State Engineer
We have reviewed your letter dated November 9, 2010 in which you request approval of a
substitute water supply plan ("SWSP") for Contreras Farms, Inc. ('Contreras" or 'Applicant`) pursuant to
§ 37-92-308(4), C.R.S. The Applicant filed for a plan for augmentation under Division 1 Water Court
case no. 2010CW269. The SWSP references the application filed In case no. 2010CW289 and notice
of the request for approval of a substitute water supply plan was sent to all parties on the Division 1
SWSP Notification LIst. The State Engineer's Office (°8EO") did not receive any comments during the
statutory 30 -day comment period, The required $300 filing fee has been received (receipt no.
3847966).
SWSP Operations
Contreras operates a commercial feedlot located in Section 19, Township 7 North, Range 83
Watt, 6e P.M. Water for the feedlot operation is obtained from the two wells described below.
Table 1
WWO Name perm —had Location
JContreras Weil3)o.I
Contreras Watiio. 2
Ease
Number
WDID
Current
Well Permit.
Number
20100W269
0110532
• 247289
SW Y•, SW %, Section 19, T7N, I{03W
SE %, SW %, Section 19,17N, RO3W
2010CW289
0110533
273713
Contreras Wells 1 and 2 ("wells°) are currently used for Indoor domestic use, watering of a
residential lawn and watering of livestock within the commercial feedlot operation. The wells are
currently permitted as exempt wells under §37-92.602(3)(b)(II)(A) C.R.S, end the Applicant has
submitted well permit applications (receipt nos. 3847983 and 3647961) to re -permit the wells pursuant
to §37-90-137(2) C.R.S.
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 3e3-866-3561 a pax: 3U3-8664389
• www. wa ter.elete.co.us
03/09/2009 15:32 9704542875
CCNTRERAS FARMS PAG. 02/06
Mr. Kim Lawrence
June 15, 2011
Page 2 of 6
Depletions to the stream System from pumping the wells will be replaced using one share of
New Cache La Poudre Irrigation Company ('New Cache'), which is owned by Contreras.
Depletions
• The feedlot operation grows stocker calves for the commercial (rattle market According to the
SWSP request, the feedlot operation began in 2007 and all uses prior to that date were assumed to hall
under the uses allowed under the exempt well permits. Therefore, this SWSP will account for
depletions that will accrue to the stream system during this plan period as a result of pumping from
January 1, 2007 through May 31, 2012.
The wells were not historically metered, therefore depletions were estimated based on the uses
of the well as determined from farm records and multiple interviews with Mr. Contreras. According to
the available information, the calves on the farm era categorized into two water use groups, bottle fed
and stocker calves. Bottle fed calves are less than 160 pounds in weight and, on average, consume
1.3 gallons of water per day. Stocker calves are between 160 and 500 pounds In weight and, on
average, consume around 3,6 gallons of water per day. On an annual basis, Contreras farm records
indicate approximately 1,800 head of cattle are raised with approximately half being bottle fed calves
and half being stocker calves. Based on this information the total water requirement for livestock
watering was estimated at 5,0 acre-feet per year. All water used for livestock watering purposes was
assumed to be 100% consumed.
Indoor residential demands were calculated to total 0.72 acre-feet per year for the two houses
that Sat on the Contreras property. The demand Is based on an assumed occupancy of 4 residents
per dwelling, each with a use of 80 gallons of water per day. Water used indoors is returned through a
septic system, therefore the Applicant assumed that 90 percent of all water used indoors is returned to
the stream system. Bastion this assumption the total consumption from indoor use is 0.072 acre-feet
per year.
Outdoor residential water demands consist of irrigation of 1,400 square -feet of lawn located
adjacent to each house, for a total lawn area of 2,800 square -feet. The water demand for the Kentucky
bluegrass was estimated using the Modified Blaney-Criddie method and weather data from the Lucerne
CoAgMET weather station. Based on this analysis the average net irrigation requirement for the .
Kentucky bluegrass over the period of 1993 to 2009 was determined to be 2.39 acre-feet per acre.
Therefore, the irrigation demand for the 2,800 square -feet of lawn was determined to be 0.144 acre-
feet. For purposes of this SWSP the irrigation use was considered to be 100 percent consumptive.
The estimated annual water requirement from the wells is 5,86 acre-feet, with a total estimated
consumption of 6.22 acre-feet.
•
The wells are constructed to a depth of approximately 400 feet, therefore the wells were
assumed to be completed in the Laramie -Fox Hills aquifer in the Cheyenne Basin. Lagged depletions
due to previous and projected pumping of the wells were estimated using the infinite aquifer condition In
the IpS Alluvial Water Accounting System (AWAS). For purposes of the analysts, the Applicant
modeled the Laramie -Fox Hills aquifer as a confined infinite aquifer. The Input parameters used for
purposes of the Glover Method were; a distance from the wells to the point of depletion of 28,672 feet
a transmissivity of 1,100 gpdt, and a specific yield of 0.0002. According to the SWSP request the
depletions from the wells were determined to Impact Crow Creek In Section 13, Township 6 North,
Range 64 West, 6^ P.M., Just south of the Greeley Canal No. 2 near Barneevlile Colorado. Based on
03/09/2009 15:32 9704542875
CONTRERAS FARMS PAG. 03/06
Mr. Kim Lawrence
June 15, 2011
Page 3 of 6
this analysis, the lagged well depletions for this plan period are 3.15 acre-feet, as shown in the table
below:
Jun Jul Aug Sep
0.21 0.26 0.27 0.26
Oct
0.27
Nov
0.26
Dec
0.27 0.27
Jen
Feb
0.25
Mar
0.26 , 0.25
Apr
May
0.27
Total
3.1.5
Contreras has installed flow meters on each well and pumping during this plan period will be
based on the metered withdrawals.
Replacement Water
This SWSP proposes to change the use of 1 share of the New Cache La Poudre Irrigating
Company. The consumptive use from the subject shares will be utilized to replace depletions from the
wells.
The subject share was historically used for the irrigation of lands in Section 32, Township 6
North, Range 65 West, of the 6th P.M., in Weld County. Since the mid to late ¶960's the share was
used on the Bruce Johnson Farm located In the E112 of the section.
A Draft Report summarizing the results of a ditch -wide historical use analysis for New Cache La
Poudre Irrigating Company and Cache La Poudre Reservoir Company shares used in the Greeley
Canal No. 2 was prepared by HRS Water Consultants, Inc. in January, 2010. That report calculated an
average consumptive use of 6.64 acre-feet per year per share of the New Cache La Poudre Irrigating
Company. The results of the analysis are shown in attached Table 6. The Applicant will rely on the
ditch -wide analysis for determination of the consumptive use credit and return flow requirements.
However, for purposes of this SWSP the Applicant must calculate the legged subsurface return flows
based on a steady state condition. The diversion season claimed for the ditch -wide analysis for
the New Cache La Poudre Irrigation Company shares does not appear to be consistent with the
historical operation of the ditch, whereby diversions did not typically occur until there was
sufficient irrigation demand from the shareholders to justify the diversion of ISO cfs at the
Cache La Poudre River heedgate, it is believed that this typically occurred in mid -May. The
Applicant is hereby notified that the diversion season claimed in the historical consumptive use
analysis for the Applicant's New Cache La Poudre Irrigating Company shares will not he
accepted in any future SWSP unless it can be eatisfactorilyjustified.
The Applicant has entered Into an agreement with the Lower Poudre Augmentation Company
("LPACD and the New Cache La Poudre Irrigation Company ('New Cache') dated February 19, 2010,
which is attached. According to that agreement New Cache and LPAC will deliver the water to which
the Contreras Share is entitled and recharge the same Into LPAC/New Cache recharge eltea so as to
create accretions that will replace wee depletions. According to the SWSP request for this plan period
the one share of New Cache will be delivered into the Cornish Plains recharge site or delivered directly
to Crow Creek.
Conditions of Approval
This SWSP Is hereby approved pursuant to § 37-92-308(4), C.R.5., subject to the conditions
stated below;
1. This SWSP shall be valid for the period of June 1, 2011 through May 31.2012, unless otherwise
revoked, modified, or superseded by decree, Additional SWSPs are required until a court
decreed plan for augmentation Is obtained for the proposed uses. Should an additional SWSP
03/09/2009 15:32 9704542875
CONTRERAS FARMS PAG. 04/06
. Mr, Kim Lawrence
June 15, 2011
Page 4 of 6
be requested, the provisions of § 37-92-308(4)(b), C.R.S., shall apply. The statutory fee of $300
will be required pursuant to § 37-92.308(8), C.R.S. Any request for an additional SWSP must
be submitted to this office no later than March 1, 2012.
2, Approval of this SWSP Is for the purposes stated herein and pumping is limited to the Contreras
Wells 1 and 2 described in Table 1 above. Additional wells and/or additional uses for the water
that is the subject of this SWSP will be allowed only if a new SWSP is approved for those
additional wells/uses and such additional wells/uses are identified in ease no. 2010CW289.
Should a new SWSP be requested, the provisions of § 37.92-308(4)(b) C.R.B., shall apply.
The statutory fee of $300 will be required pursuant to § 37-92-308(8), C,R.S,
3. The Applicant is required to obtain a well permit for the Contreras Wells 1 and 2 in accordance
with § 37-90-137(2), C.R.S., and this SWSP. On November 10, 2010 the Applicant submitted
well permit applications (receipt nos. 3647983 and 3847981), and the applications are pending
evaluation. The provisions of § 37.90.137(2), C.R.S., prohibit the issuance of a permit for a well
to be located within ft00 feet of any existing well, unless the State Engineer finds that
circumstances so warrant after a hearing held in accordance With the procedural rules in
2CCR402.5, This hearing may be waived if you are able to obtain statements from the owners
of all wells within 000 feet, verifying that they have no objection to your use of the proposed
welt
4, The Applicant shall provide daily accounting (Including, but not limited to diversions, depletions,
replacement sources, and river calls) on a monthly basis. The accounting must be emalled to
the water commissioners, George.VarrarfLetatesg,us an 5rent.Schentzlistate.co.us, and
D r Accountinq'state.cq. us within 30 days of the end of the month for which the accounting
applies. Accounting and reporting procedures era subject to approval and modification by the
division engineer, Accounting forms need to identify the WOO) number for each well operating
under this SWSP. NOTE: Monthly accounting, even during the winter non -Irrigation season, le
required. Additionally, Applicant is required to coordinate accounting with LPAC and New
Cache to document that replacement water was delivered as needed to replace all out of priority
depletions pursuant to this SWSP.
5. Applicant shall follow the recharge and accounting protocols as referenced In the attached
documents for the operation of this SWSP. Credit for recharge accretions from canal reaches
will not be allowed at any time the canal reaches ere delivering water for irrigation purposes.
8. The name, address, and phone number of the contact person who will be responsible for the
operation and accounting of this SWSP must be provided with the accounting forms to the
division engineer and water commissioner.
7. All diversions shall be measured in a manner acceptable to the division engineer. The Applicant
shall Install and maintain measuring devices as required by the division engineer for operation
of this SWSP.
8. Conveyance loss for delivery of replacement water is subject to assessment and modification as
determined by the division engineer or water commissioner.
9. Replacement water shall be made available to cover all out -of -priority depletions In time, place,
and amount and shaft be made available under the direction and/or approval of the wafer
commissioner.
03/09/2009 15:32 9704542875
CONTRERAS FARMS RAG. 05/05
Mr. Kim Lawrence
June 15, 2011
Page 5 of 6
10. A. records become available (Including, but not limited to recharge amounts, ditch diversions,
well pumping, etc.), Applicant shall update this data used to compute monthly well pumping and
projected monthly stream depletions for this SWSP. If at any time the projected stream
depletions show the Applicant Is unable to replace all out -of -priority stream depletions, the
Applcant is required to notify the division engineer of the projected shortfall and describe how
well pumping will be reduced and/or replacements will be increased to ensure all out -of -priority
depletions will be replaced.
11. If any well in this SWSP causes depletions that affect a senior surface water right at a location
where this SWSP cannot provide replacement water, the well is subject to curtailment until
arrangements are made to provide replacement water at a point which will preclude Injury to the
calling senior surface water right Well owners am responsible for providing replacement water
In time, location, and amount to offset ail out-of-prtonly depletions.
12, The Applicant shall perform an inspection and provide verification for all parcels of dried up land
used to generate augmentation credits during the term of this SWSP. The final verification of
dry up will be in the form of an affidavit signed by an individual having personal knowledge of
the dry up for the entire Irrigation season for each parcel of land used in this SWSP. In
accordance with the attached protocol for dry -up of irrigated land, the Applicant shall provide a
written notification to the water commissioner and division engineer by July 1, 2017 identifying
the lends to be dried up for the 2011 irrigation season. Sy October 31, 2011 the Applicant shall
provide an affidavit to the water commissioner and division engineer that identifies and confirms
the lands that were dried up during the 2011 irrigation season in order that the final
determination of augmentation credits for the irrigation season can be made along with mapping
showing any revisions to the dried-up acreage, The Applicant shall modify accounting to reflect
that the credit from any dried up fields containing alfalfa or native grass was assessed In the
following manner.
(a) For fields deep tilled or chemically treated to successfully kill alfalfa or native grass,
100% credit will be given for consumptive use as otherwise computed under the
conditions of this approval,
(b) For fields not deep tilted or chemically treated to successfully kill alfalfa, records of
monthly monitoring of depth to groundwater at existing irrigation wells or existing or new
monitoring wells or piezometers within 1/4 -mile of each alfalfa or native grass field must
be maintained. Credits will be reduced according to the following table when depth to
groundwater Is less than the depth assumed to provide no significant contribution to
alfalfa growth, Measurements taken at the start of each month will determine the
necessary reduction in credit to be applied during the following month. The applicant
may use another methodology upon review and approval by the State Engineer and
Division Engineer.
ueptn to Ground
Water (Feet)
I Percent Reduction in CU Credit'
Native Grass
Alfalfa
1 85%
100%
2
60%
90%
3
30%
75%
4
20%
fig%
5
15%
35%
6
10%
20%
03/09/2009 15:32 9704542875
C0NTRERAS FARMS PAG. 06/06
Mr. Kim Lawrence
June 15, 2011
Page 6 of 6
7
8
5% 15%
0% 10%
1, Adapted from EVAPOTRANS♦i1RA?IONAND AGRONOMIC RESPONSES IN PORAIERLY
IRRIGATED MOUNYAIN MEADOWS, Sours Percy Colorado, March 1, 1990; Revised September
1, 1991
11 This SWSP may be revoked or modified at any time should It be determined that Injury to other
vested water rights has occurred or will occur as a result of the operation of this SWSP, Should
this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for
augtnentetion, all use of water under this SWSP must cease Immediately.
14. The decision of the state engineer shall have no precedential or evidentiary force, shall not
create any presumptions, shift the burden of proof, or serve as a defense in the pending water
court case or any other legal action that may be initiated concerning the SWSP. This decision
shall not bind the state engineer to act in a similar manner in any other applications involving
other SWSPs or In any proposed renewal of this SWSP, and shall not Imply concurrence with
any findings of fact or conclusions of law contained herein, or with the engineering
methodologies used by the Applicant. Any appeal of a decision made by the state engineer
concerning an SWSP pursuant to § 37-92-308(4), C.R.S., shall be to the Division 1 water judge
within thirty days of the date of this decision and shall be consolidated with the application for
approval of the plan for augmentation..
Should you have any comments or questions, please contact Michael Hein, Assistant Division
Engineer in Greeley at 970-352.8712 or Joanna Williams in this office.
Sincerely,
Kevin G. Rein, P.E.
Assistant State Engineer
Attachments: Tables 1, 3 and B
Agreement between LPAC, New Cache and Contreras Farms Inc.
Accounting, Recharge, and Dry -up Protocols
cc: Michael Hein, Assistant Division Engineer, AivlAccOuntinorttistelacs.us
810 9^ Street, Suite 200, Greeley, CO 80631
Brent Schantz, Water Commissioner, Water Districts 1 & 64, 8rentSchantzatstate.ca.us
111 Main Street, Sterling, CO 80751
George Varra, Water Commissioner, Water District 3 Georrte,Varrac 1stata,e0 14
1400 Hwy 287 N, Fort Collins, CO 80524
Counsel of Record, 2010CW269
K0WJMYW/0ontreras Farms 2011
AGPROfessionals, LLC
DEVELOPERS OF AGRICULTURE
August 12, 2010
Mr. Chris Gathman
Department of Planning Services
Building Compliance Division
1555 N. 17th Avenue
Greeley, Colorado 80631
Weld County Planning Department
GREELEY OFFICE
AVG 1 R 7mn
RECEIVED
RE: USR-1590, Lot B of RE -3515; Part of the W2SW4 and all of the E2SW4 of Section
19, T7N, R63W of the 6th P.M., Weld County, Colorado
Contreras Farms, Inc. AGPRO Project # 1307-01
Dear Chris:
In regards to your letter dated July 22, 2010, giving notice that the property listed above,
and herein noted as Contreras, is not in compliance with USR-1590. Contreras requests
that an extension be granted to allow for completion of the facility and meet the
Conditions of Approval for USR-1590.
I am aware that the planning staff had concerns about the project, and had recommended
denial of the USR, and I believe staff's concerns have been justified and the project has
not been properly managed to complete the Conditions of Approval. Contreras has
contracted AGPRO to complete a CAFO permit and the Conditions of Approval for
USR-1590.
Prior to hiring AGPRO, Contreras built a wastewater pond designed and built by another
company. AGPRO evaluated this pond and determined that it did not meet the
requirements in the Colorado Confined Animal Feeding Operations Control Regulations
81 and 61. AGPRO has designed a new wastewater pond and an earthwork contractor has
been contracted to begin construction. Upon completion of the pond, the CAFO permit
requirements can be completed and the Conditions of Approval can then also be
completed.
AGPRO will continue to work with Contreras to move the project forward; however due
to the poor economic conditions of the dairy industry, progress may be slow but will
continue to move forward.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 • Longmont, CO 80504
970.535.9318 / office • 970.535.9854 / fax • www.agpros.com
Page -2 -oft
I am requesting that the Director of Planning Services grant an additional 180 days to
complete the Condition of Approval and submit the final plat for this project.
If you have any questions please contact me at (970) 535-9318.
Sincerely,
Tim Naylor
Planning Consultant
Cc: Jorge Contreras
r •
IIIlk
COLORADO
July 23, 2010
Jorge Contreras
30189 County Road 78
Eaton, CO. 80615
DEPARTMENT OF PLANNING SERVICES
WWW.CO.WELD.CO.US
E-MAIL ADDRESS: cqathmanco.weld.co.us
1555 N. 17'" Avenue, Greeley, CO. 80631
Phone: (970) 353-6100 Ext. 3537
Fax: (970)304-6498
Subject: USR-1590 (Lot B RE -3515 and the E2SW4 of Section 19, T7N, R63W)
Dear Mr. Contreras,
Notice is hereby given that the property listed above, is not in compliance with USR-1590 (Special Use Permit
1590). All conditions of the original permit must be in compliance by Monday, August 23rd 2010 or a Probable
Cause public hearing, pursuant to Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County
Code, will be scheduled.
If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number
USR-1590, for compliance with the Development Standards, as approved by the Board of County
Commissioners on August 22, 2007, to determine if probable cause exists to hold a hearing on revocation of
the permit.
Representatives of this office have determined that you are not in compliance with the following condition of
approval:
"Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within one -hundred twenty (120) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee."
All conditions of approval shall be addressed and the USR plat shall be submitted for recording by no later
than August 23rd, 2010.
If it is determined at the public hearing that there is probable cause that you are not in compliance with USR-
1590, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation
of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above
•
address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an
appointment so that I may reserve a sufficient amount of time with you.
Sincerely
&b
Chris Gathman
Planner Ill
pc:
USR-1590
SERVICE, TEAMWORK, INTEGRITY, QUALITY
t
Weld County Planning Department
GREELEY OFFICE
fttit
WI�Yc.
COLORADO
MEMORANDUM n62rnp,
, E_,.,�7.7VED
TO: CDPHE-APCD & / WELD CO PLANNINd6bh '4.
FROM: TROY SWAIN /St
SUBJECT: OPEN BURNING AT CONTRERAS FARMS INC.
DATE: OCTOBER 5, 2009
While investigating an illicit discharge of process wastewater at Contreras Farms, Inc.,
representatives' of the Weld County Department of Public Health (WCDPHE), Weld
County Department of Planning Services (WCDPS), and the Colorado Dept. of Public
Health & Environment's (CDPHE) Environmental Agriculture Program discovered
ongoing open burning of waste plastic and paper milk containers and evidence of a prior
burning of household items, such as furniture.
The following persons were present at the time of the investigation and discovery of the
burn pile area: Troy Swain WCDPHE, Chris Gathman & Ann Siron (WCDPS), Ron
Jepson (CDPHE) and Mr. Jorge Contreras owner of Contreras Farms, Inc.
Mr. Contreras was informed during the inspection that he needed to get a dumpster and
dispose of all his trash properly and that no open burning of wastes is allowed.
This Department believes this activity is commercial burning without a permit, which is a
violation of the following: Air Quality Control Commissions Regulation 9, the
Development Standards of Use by Special Review Permit 1590 and the Weld County
Code. See two attached photos of the burn area.
cc: Incident File #
Contreras Farms, Inc.
Jorge Contreras
30189 Weld County Road 78
Eaton, CO 80615
lA PG ROfessionals, LLC
iilUN
July 8, 2009
Mr. Kim Ogle
Weld County Department of Planning Services
910 10th Street
Greeley, CO 80631
Subject: Use by Special Review # 1590
Weld County Planning Department
GR€ELEY OFFICE
1 fl nnq
RECEIVED
Dear Mr. Ogle:
AGPROfessionals, LLC has received a letter from you regarding Contreras Farms, Inc.
USR #1590 and its need to complete the USR Conditions of Approval. Mr. Contreras has
requested AGPRO to work with him in this process. I am requesting that a 120 day
extension be granted to allow for the completion of this project.
The $300 continuance fee shall be forth coming and I will be contacting your office for
information on completing the Conditions of Approval.
If you have any questions please contact me at (970) 535-9318.
Sincerely,
e'
Tim Naylor
Planning Consultant
Cc: Jorge Contreras
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 • Longmont, CO 80504
970.535.9318 / office • 303.485.7838 / metro • 970.535.9854 / fax • www.agpros.com
AG%tOf iO IS. LLC
AGPRO
COMPLETE LAND 8c RESOURCE SOLUTIONS
Weld County Planning Department
GREELEY OFFICE
July 8, 2009
To Whom It May Concern
dui 1 Onn9
RECEIVED
I have contracted with AGPROfessionals, LLC to process all work related to a Site
Specific Development Plan and Use by Special Review application to be filed in Weld
County. AGPROfessionals, LLC is authorized to represent Contreras Farms, Inc.
throughout this process.
Sincerely,
Jorge Contreras/Contreras Farms, Inc.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 • Longmont, CO 80504
970.535.9318 / office ..970.535.9854 / fax • www.agpros.com
WE�'Yc
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10th Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated .
❑ ZONING CODE COMPLAINT 0 Staff/Name Citizen 0 Other: O
HEALTH DEPARTMENT Citizen's Name (If known):
❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known)_
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS / PEST & WEEDS
Date Complaint was received:
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description:
Violation Address:
t.25w t{ It -74d
304 -ml ek 7n &ion 710 $Oca1S
Property Owners Name:
Property Owners Address:
Tenant's Name: _
Tenant's Address:
NATURE
Notes:
Additional
Parcel #
611349-3-0) -on 8'
Phone:
Phone:
OF
U S 1690
COMPLAINT:
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COLORADO
June 29, 2009
Contreras Farms, Inc
30189 County Road 78
Eaton, CO 80615-9702
Pat McNear
Scott Realty Company
1212 Eighth Avenue
Greeley, CO 80631
Subject: Use by Special Review # 1590
Dear Contreras Farms, Inc., and Mr McNear:
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
The Department of Planning Services is contacting you regarding the approval of USR #1590
through action of the Weld County Board of County Commissioners on August 22, 2007. This
land use permit was conditionally approved pending action by the applicant's representative and
/or the applicant of record.
Review of the case file finds limited activity after the August 22, 2007 public hearing. It is
important to state that Section 23-2-200.E provides timelines for completing the requirements
associated with this case. For reference, the citation is as follows:
"If the Use by Special Review has not commenced within three (3) years from the date of
approval or is discontinued for a period of three (3) consecutive years, it shall be
presumed inactive. The COUNTY shall initiate an administrative hearing to consider
whether to grant an extension of time to commence the use or revoke the Use by Special
Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of this Section in order to reestablish any Use by Special
Review."
At the Commissioners hearing, by agreement to the Conditions of Approval, you stated
that 120 days to record the USR #1590 plat was acceptable. The date for providing the
required documents and submitting the Improvement Agreement, Collateral and
recording the plat has passed.
Given this condition, staff may impose Weld County Code Ordinance 2005-7 approved June 1,
2005, should the plat not be recorded within the required one hundred twenty (120) days from the
date the Board of County Commissioners Resolution was approved a $50.00 recording continuance
charge may be added for each additional 3 month period. This current penalty assessed as of June
29, 2009 is three hundred (300.00) dollars.
The Department of Planning Services is aware of the difficulty and associated delays in meeting
the Conditions of Approval normally associated with land use cases; and this office is willing to
work with you. At this juncture, this office is requesting a letter from you indicating that the
project has not been abandoned and that it is the intention of Contreras Farms, Inc., or their
representative Patrick McNear of Scott Realty, to complete this project, addressing and meeting
all of the conditions of approval in a timely manner. Should a written response on letterhead not
be received by July 15, 2009, this office will take the appropriate action.
Should you have additional questions or require clarification on any of the points presented,
please contact this office. Thank you.
Sincerely,
Kim Ogle
Planning Services
pc: S. Arries, Attorney's Office
T. Honn, Director
A. Siron, Compliance
File: USR-1590
•
•
Page 1 of 1
Chris Gathman
From: Chris Gathman
Sent: Thursday, September 20, 2007 9:06 AM
To: 'allesco@comcast.net'
Subject: USR-1590 Plat
Ken,
I reviewed the USR-1590 plat and have the following revisions (per planning):
1) Per Condition of approval 1.M.5 — parking and circulation needs to be shown on the plat.
2) County Road 78 right-of-way documentation (book & page) shall be indicated.
3) Remove plat note #10.
4) Please make topo. Lines at a lighter scale/line depth so that the plat will be easier to look at/read.
I have sent a copy of this plat to the Health Department (because some of the notes deal with CAFO
requirements...) — if I hear back from the Health Department re: any changes, I will let you know.
Chris Gathman, AICP, Planner II
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 80631
ph (970)353-6100 ext. 3540 fax (970)304-6498
09/20/2007
Chris Gathman
From:
Sent:
To:
Subject:
Donald Carroll
Tuesday, September 11, 2007 7:39 AM
Chris Gathman
USR-1590 Contreras Farms
The draft plat you sent me don't shown every parking, I know the two parcels have room to
park all there vehicle. On page 1 of 4 , all the development standards are " X " out.
Summary: All USR should show parking on the plat?
1
FAX TRANSMISSION
Weld County
Department of Planning Services
Fax: 970-304-6498
Phone: 970-353-6100, Ext. 3540
To: Jason Smith Date: 9/6/2007
Fax: 392-1816 Pages: 3 with Cover
Phone:
From: Chris Gathman — Planner II
Subject: USR-1590
COMMENTS:
Jason,
This is the Division of Water Resources letter for USR-1590. USR-1590 was approved by the Board
of County Commission on Wednesday, August 22. A condition of approval in the resolution was to
provide an approved water augmentation plan (or evidence of another approved water source)
prior to recording the plat.
Chris Gathman
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is
privileged. confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient
nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service.
Thank you.
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