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HomeMy WebLinkAbout20122333.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant BB Colorado Holdings, LLC Case Number USR12-0034 Submitted or Prepared Prior to At Hearing Hearing PC Exhibits 1 Brad& Laura Zermuehlen, letter received 8-17-12 x 2 Bill Lent, letter received 8-21-12 X 3 Charles&Marian Baum, letter received 8-15-12 X 4 Robert&Debra Griffin, letter received 8-17-12 X 5 Jan&Holly Hoxley,email received 8-20-12 X 6 Denette Vonasek, letter received 8-12-12 X 7 William J. & Diane B Van Wormer, letter received 8-3-12 X 8 Charles Baum, letter received 7-24-12 X 9 Joseph&Elizabeth Krueger, letter received 7-20-12 x 10 Charles Baum, letter received 6-11-12 X 11 Frank Hobbs, letter received 8-5-12 X 12 Frank&Marian Hobbs, letter received 8-5-12 X • 13 William J &Diane B Van Wormer, letter received 8-13-12 X 14 Thomas Harris,email received 8-13-12 X 15 Henry Thuener, letter received 8-13-12 X 16 Dawn Bernhard,email received 8-14-12 X 17 Holly Oxley Documents, submitted at hearing X 18 Revised USR Map, submitted at hearing X 19 Mineral Interest Objection Letter X 20 >ver5t 4 Posfrit Baud- Mont tymap I hereby certify that the)*items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing 441/6 Tom Parko Planner • r3 CM —07333 - \O \{J2.\cS• C'vc:.',1‘ , .v;�`\ :IC•A\t%it d' Z jam.\� "1 d� o ti` �]� `•V \C_C J 1 fc-2,a. - C.c5C � _ )•1/4.,iS R i %-' Cis% c \R'1' \ •4C `TLR.ca ' V '� arnti " vvJ(\?d cV1. viYr\4 'a :)1-. Vnr,;An cyy, Sc C\V`(\ 1 sc= Y')/1/4. c4'1 sZ,t4t(!CS\Qii-1 .� -\- .j/(f\ vel O VD: "Vi \- c � 1c c qq VC\ 'D-°\\ � � T._ olr tv, :'�. \n€c\r c \crk- o �. r - rki.--1 /�1'h ,vrt-k '{1 S c ���.2�Jo n\�' 7 \\. VA�' c • h ci� 42, Y 1 1 \Sc,-, ^\h'w: r J\1�\,.. r'� `\• ��--.�-� browvs, k0 t„nakt4 7c. :� L c\-- .\J\ C'v'Y1 (La-n u J all 11 .r)�..r/�\?Y:44\ �� C ci, \ Ce 5 1 �\e.n-E �'4>�.era h.`•% O>^ce 4ZM-C \c r - &V.l `Gw'S GO'\ S (ICJ Var. V� \ _ \c.) QP 6cl co-\\ cc c&Sc-a J c n-xc_\ Cou; cv, \v va` \;kg-. CA. >L c i t aci, � O�� C l\,-\ c/Jcv,At \c JSYc VaRvv •\ plc' c\,<\ v s,v `,)S \ry L C�/KC ' e GvCS i✓vW.-1 i�vu Y\s EXHIBIT /} 9 1 8582 C:K 21 Ft. Lupton, CO 80621 R/019 RECEIVED Barbara Kirkmeyer AUG ? 1 ?fl? Weld County Commissioner Weld County Harming Department GREELEY OFFICE Dear Commissioner Kirkmeyer, T am writing you on behalf of my myself. I am obiecting to a proposed industrial mega-dairy at 9743 CK 20. There are many residents who have made their home here for years: I have been here two years.My neighbors are all good people and they, we, have not been considered in this business proposal. for what seems to he_ obvious reasons Our neighborhood of fifteen families has been relegated to 2 words rurai residential . there are no lines of demarcation indicating our homes and properties on the plan. Four of the families would be contiguous to the proposed dairy: having either slurry ponds or manure piles in their backyards. (terrainiv neither of which would he riPcirabie in your iackyards W, ,,id „ou like to see your property value drop?Deal with the dust,dirt,noise from up to io,000 cows from this dairy/feedlot?io.000 cows on 1c2 acres.This is not right. RE: -agricultural uses that surround this site" There are/is : NO noultry farms in nroduction NU hay production NO cattle grazing N(1 rlairiec Nu teecllots 1 40 acre (approx) parcel in corn (the extent of crop farming nn this sertinn) BUT there are 15 families and their properties which would be adversely affected. Granting this proposal would change the character of the neighborhood and would additionally adversely affect health and safety due to the exponential increase in flies. Flies are extremely A;csini,lt to nnn-P nn in referring to me Weld County Mission statement granting this proposal would be inconsistent with "codes so that quality of life and property values are maintained for County residents, businesses and nronertv owners thymic]) re.snnnse to riti7Pn rnnrernc " we, as concerned citizens, residents and property owners, ask that this proposal be denied. Thank von. EXHIBIT Bill Lent a EXHIBIT 8519 Weld County Road #21 RECEIVED Fort Lupton, Colorado, 80621 ! �J August 13, 2012 AUG 15 ��l� Weld County Planning Board Weld County Planning Department Case# USR 12-0034, a Mega Feedlot/Dairy operation GREELEY OFFICE I am, along with my wife Marian, totally against any acceptance of this proposal. When we moved here, we were surrounded by friendly, clean and cooperative turkey farms who proved to be a good neighbor, who provided a great acceptable living environment with adequate setbacks for us and our neighbors. All neighbors within 1,000 feet will be adversely affected by an industrial mega dairy of this magnitude. We are disappointed we were not approached before their going to the Weld County Planning Board. The strength of our neighborhood opposition might have deterred our need to be here at all. Some residents have lived here more than forty years and these properties are our lives and our homes. 1: Topography: This proposal sits on a huge watershed, whereby the runoff from a heavy storm runs downhill to the South-East. Historically, these residential properties have experienced flooding and erosion from these fast and powerful runoffs. The last known severe runoff was in the late sixties and the affected owners had to fill in,grade and reseed several eroded areas. 2: Soil and Groundwater: The soil in this area is mostly sand and water easily moves underground through this soil. It is my concern that these manure compost piles and urine evaporative ponds will drain or overflow into runoffs and seep under-ground. Residences downhill would become contaminated with seepage into basements or living areas. In particular, our home and one other are bi-level with their living area four feet below ground level. There is no adequate moisture barrier offered in the plan to prevent ground water from moving east into these properties. 3: Setbacks: There are few marginal setbacks shown on the plan with far less than 1000 feet from residences. As currently shown; some residences back up to slurry pits and manure piles. 4: Ponds and Compost: The odor from these ponds and manure areas is unacceptable. Many homes and buildings are only a few feet from their property lines. Some homeowners have air conditioners or swamp coolers which will draw adverse odors into their homes. These ponds and manure piles will increase insect populations of up to 100 fold. 5: Insects: Flies and mosquitoes carry infectious diseases which can be spread to humans and animals. Pets carry insects and insects carry diseases. This excessive increase of insects is a major concern to our neighbors. 6: Overpopulation: 8,000 head of cattle is a flagrant request for this size of a dairy facility. 8,000 head is 13 times higher than County use regulations; mathematically, this is 53 head per planned acre. It is known that there are five oil pumping sites and a tank site, all requiring areas of space as well as access roads to each. The plan shows areas for the existing houses, workshop and parking areas. And there is a large area to be used for milk storage and other required operations. This uses up considerable space,thus reducing the area usable for cattle, I would assume more than half. 7: Feed Storage: There are no areas shown where to store hay and grain. Storage of hay is problematic in relation to hay combustability and the physical location of our residences. Their feedlot south of us had a hay fire two years ago, which burned for days and thanks to a wide setback from neighboring residents, no buildings of theirs were damaged. 8: Operation: This proposal is a twenty four hour business with approximately 25 employees working continuously to move cattle to and from feedlot pens and milking areas. This would be twenty four hours of perpetual noise, dust and an unbearable environment for our neighbors. Several neighbors currently have respiratory problems and this excessive dust would drastically elevate their health concerns. I assume this proposed operation would be no different from other production businesses whereby employees are to be just productive. This being the case, there will little effort applied to carry out any proposed plans for dust, noise, odor or insect controls on a regular basis. 9. Property Values: Our properties are a tremendous lifetime investment. Losing these investments due to an adverse quality of life is a major concern to our neighborhood. Our neighborhood plans to keep it that way. 10. In Conclusion: We ask each and every one of you to put yourself into our position and ask, "could or would I live with any conditions this proposal will create?" In referring to the Weld County Mission statement granting this proposal would be inconsistent with "codes so that quality of life and property values are maintained for county residents, businesses and property owners through response to citizen concerns." We are not convinced that there are adequate setbacks,proper control of contamination, dust,odors, noise and insect infestation. We are in agreement with our neighbors to strongly ask you for a full defeat of this proposal. Attest: Charles Baum and Marian Baum RECEIVED Robert and Debra Griffin 9262 County Road 21 At 1 7 p1112 Fort Lupton, CO 80621 Weld County - rr,r:;; ,g Department 303-857-4245 GREELEY OFFICE Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: Case#USR12-0034 To: Michelle Martin or Case Representative We are writing to request that the permit for a large dairy located at 9743 WCR 20, amidst our neighborhood is denied. The dairy is proposing 8000 head of cattle on 150 acres. Eleven years ago we moved away from high density city life to escape city pollution in search of a better quality of life. Today we value and cherish the quiet and the joys of country living. We support the right of business owners to expand their operations and to increase profit margins and agriculture, however not at the expense of nearby residents. This project will greatly impact our lives and our neighbor's by decreasing property values, impacting our health, our livelihood and our present quality of life. We are very concerned about the stench of the waste, the increase in insects that accompany a dairy, the added noise, increased traffic, bright lights all night and the devaluation of our property. One of us has severe allergies and asthma and will be impacted by the dust and the change in overall air quality from such a concentrated commercial operation. The Griffin's have a small, fledgling, but growing bee-keeping business, therefore we have tremendous concerns about the pesticides that will be used by the dairy for insect control. We are also engaged in some organic farming and are quite disturbed by the horror stories of the amount of flies that render being out of doors impossible by other Weld County residents living near dairies. Please consider how other dairies in Weld County have a virtual buffer zone when their daily operations are% mile or greater away from residents. This fairly small acreage has no buffer. Compost areas and retention ponds are proposed very near our neighbor's back yards. It is our belief that the Planning Department and County Commissioners should maintain a buffer zone between high concentration 24/7 feed lot/dairy and that of small family residences completely unassociated with the proposed operation. All of us have invested in the development of our homes and property. Many of us had the dream of retirement here. This project casts a dark cloud over our hopes and dreams of the future. The devaluation in our collective properties will render some of us upside down in our mortgages. It is our hope that the Weld County Planning Commission will not consider this large-scale use of this acreage. We strongly believe that this is not the right property for this proposal. Sincerely, EXHIBIT Robert Griffin Debra Griffin �c c`c. Barbara Kir,krneyer FROM : JHOXLEY FAX NO. : 17208905974 Aug. 20 2012 05:28PM Fl case 4: USR12-0034 case #: USR12-0034 X1(9 From: JAN AND HOLLY <jhoxley@peoplepc.c O^�'0 �e eQ'� To: bkirkmeyer@coeld.us a�G a��\c C.) Subject: case#_ USR12-0034 O Date: Aug 7, 2012 7:46 PM To: Barbara Kirkmeyer & Michelle Martin We were informed that we needed to object to the proposed dairy on Weld County Rd 20 case = JSR12-0034 in writing as well as in person. Therefore we will briefly list our objections and concerns that we will bring up in detail at the public hearing on Aug 21 at 1:30 PM. Our objections are: we were not consulted as a community as to any of the plans for the holding ponds, compost areas that are directly adjacent to our residential properties. The plan to have 6000 head of cattle just 55 steps from our back door is very distressing. This many cows on such a small area of land is excessive. With this large of an operation a great deal of noise, light and air pollution will be generated. Flies, fly fecal matter, and mosquitoes will be present almost veer round. Thjs is of health concern along with the pesticides that will be sprayed to rid the area cf these pest. Also of great concern is t a' impact of property values dropping- There are several case studies on similar situations of animal containment operations. greatly impact the quality of not c, ly our All of these plus other issues will lives bu the lives of every one in our neighborhood. Sincerely Jan and Holly Oxley EXHIBIT 2eoplePC online A better way to Internet ht ': //''^ w,ce Jpiebc_com i am/nrimable.is➢?mseid=4045Rce708460827 8/19/2012 Weld County Planning Board August 12, 2012 1555 N17th Ave. Greeley, CO 80631 RE: Case #USR12-0034 I am writing this letter to oppose CASE #USR12-0034. My family has owned our farm property located at 7012 WC Rd 21 in rural Ft. Lupton for 65 years. Growing up here has been a blessing. We loved and enjoyed the quality of life we had come accustomed to. You are far away from city lights, plenty of fresh air, open space, no traffic, growing crops, raising animals and most importantly raising a family. Relatives and friends couldn't wait to come and spend a day, weekend or summer and enjoy our farm. Now I am unfortunate to have, the Front Range Dairy across from my property. At first when it was smaller it was still something you didn't want to live next to, but we dealt with it. Fast forward a few years and the dairy has gotten much larger and our quality of life has greatly changed. Yes, we are still far away from the city lights but now we have the many lights from the dairy to light up the night sky, every night 365 days a year. We have the dairy trucks and employees driving back and forth on our dirt road. We have no more fresh air, well on occasion we do when the wind blows the other direction. It is sometimes truly overwhelming, especially at dusk. This is a smell you can't get away from, it's everywhere even in your house. Forget ever enjoying a meal outdoors, we don't even want open a window. We also on occasion find dozens of dead birds that literally drop dead out of the sky, some with wings still spread. The EPA told me that the Front Range Dairy is allowed to poison the dairy cow feed twice a year to kill the birds that eat the feed. What if family pets or other wildlife got ahold of one of these poisoned birds? These problems are very hard and frustrating to live with, but what I have found impossible to live with, is the flies. They absolutely have made a huge negative impact on us. A way to picture the quantity of these flies is like what's in a horror movie. We absolutely cannot have any food or a drink outside without a lid on it. They will even crawl down a straw. If were working outside and sweating, they land all over us. They try to go up your nose and in your mouth. This is disgusting and unsanitary. The flies cover our animals and pets and are a constant irritant to them. Our trash becomes infested with maggots. I cannot keep them out of the house either. Fly specks from their excrement is everywhere, on our stovetop, counter top, windows, and table where our family eats. They even land on food you are cooking or fruit on the counter. They also invade our cars just from opening the door to get in or out. We don't ever leave our car windows down or even cracked, it would be full of flies. EXHIBIT e I currently have at any given time from spring to fall 10-12 large fly traps around my house and out buildings.They fill up in 2-3 days and need to be dumped and changed. Dumping the fly traps full of dead flies, maggots,and rotten smelling fly attractant is enough to make you sick. I have many indoor sticky fly traps as well (great home decor). I have tried different sprays to no avail they just don't work for long. I no longer have animals on my property and it has made no difference. I complained about the flies to Weld County the first week in August and as of the writing of this letter have not gotten a return call.The only thing that gets rid of the flies is winter,but spring brings them back again. For these reasons most of my relatives and friends don't want to come out to my property any longer.The foul smell and flies actually is embarrassing to me. I get comments such as; "How can you stand it here," "this is disgusting," "You should just sell it." There is a lot of memories and hard work having a place in your family for 65 years and I've seen several of my neighbor's properties up for sale for years. I don't know anyone who would want to live next to this. I am writing this letter on behalf of my neighbors just a short ways down the road where the new 8000 cow dairy/feedlot is purposed, case# USR12-0034. Please vote to recommend denial of the permit to build this dairy so close to people's homes and families. Having the Front Range Dairy across the road from my property has only had a great negative affect on our quality of life and property value. Sincerely, (r// Denette Vonasek 303-929-8029 William J and Diane B Van Wormer 9289 C.R. 18 Ft. Lupton, CO 80621 August 3, 2012 Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: Case#USR12-0034 To Whom It May Concern, We are opposed to the proposed "dairy farm" at 9743 WCR 20, Fort Lupton, CO. Our property is on the North side of WCR18, across from the current dairy. The ever present flies and smells that accompany a dairy have become a part of our daily lives. But increasing that, and having that also come from the opposite direction (proposed NE of us), would be more than a nuisance. We have %to %acre of vegetable/fruit gardens, from which we donate produce. Thus, we are working outside our house most of the time that is spent at home. Another concern would be having a fire, similar to the one in 2010 in the hay/straw stacks at the dairy across the road. If a fire of that magnitude came across the field, it would destroy some of our homes. We already have too much road use by large commercial vehicles, leaving our road a washboard most of the time, and causing the dust to be overwhelming at times. Since the shortest route is preferred by all, it seems only likely that some of the traffic associated with another commercial type of operation will add to the already deteriorating condition of our road. We also worry about how our property value, and that of our neighbors, will be affected by the proposed operation. Please vote to recommend denial of the permit. Thank you for your considerations. Sincerely, William J and Diane B Van Wormer cc: bkirkmeyereco.weld.us lizandi@skybeam.com EXHIBIT a 8519 Weld County Road #21 Fort Lup201, Colorado 8 CG' 1/ E® July 20, 2012 Planning, Weld County JUL 2 4 glj7 Weld County rtnnisg DepartJpayt Case #USR12-0034 GR.EELEY OFFICE I wrote to you previously with concerns before knowing thoroughly what the plans were. Knowing them now creates very serious health concerns. In our opinion, this is not agricultural as agricultural is raising animals and crops. This not a business of raising anything and should be zoned industrial or commercial. I cannot understand why such a largely populated outfit has plans in such a small area as well as so close to residential area. There are other locations much more suitable for this industry to locate, all on sections of property being sold by AGPRO. I have been made to understand that anything west of CR19 is controlled by Firestone, so the most ideal location (southwest corner of 19 and 20) is unfortunately not considered. However on the East side of WCR19 between WCR 22 and WCR 24 is wide open with no residences privately owned. It is far larger than this proposal and a respective distance away from private homes. Our biggest concern is that urine evaporation ponds and manure compost piles are right up to our property lines. This is not something anyone would welcome and being a former chairperson of the health board I find it very unacceptable. Odor, disease and insect infestation will be transmitted to our properties; extreme devaluation of our properties; as no one else would accept to buy these properties with such a distasteful environment. I certainly don't expect any attempt from the outfit who desires to move in to be concerned about our welfare. The turkey farms were spread out nicely with a wide area void of any waste and/or buildings which gave us some decent breathing room and no fear of disease and insects. Yes, there were times when we had odor problems but they were temporary and occurred when they cleaned the building and manipulated the compost piles occasionally. This proposal has no open space shown in their plans. I strongly recommend that this proposal be turned down. We ask that they try a larger area elsewhere. Most of us have lived here more than 40 years and hope to stay in our present environment without distasteful odors, disease and insect infestation. Our present problem is the sudden growth of Prairie Dog population, again a disease problem. I would like every board member imagine their living here and accepting a proposal like this against their property. I am positive each and every one of you would say a big fat NO. Sincerely Charles M. Baum EXHIBIT ,- RECEIVED JUL 2 7.012 8657 Weld County Road 21 Fort Lupton, CO 80621 Weld County Raining Department July 16, 2012 GREELEY OFFICE Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Case # USR12-0034 To Whom It May Concern, We are writing to protest the 152 acre proposed 8000 head dairy farm, namely Front Range Dairy with proposed location of 9743 WCR 20. Fort Lupton. CO. Although the drawing of proposed site does not include the residence adjacent to our North property line, it is still considered part of the property being sold. Thus, we would be bordered on the North and West by the proposed dairy. We have lived here 42 years having purchased the 2 acre property in June 1970. We have since remodeled the house and added many improvements to the property. According to the site plan, the compost area is adjacent to our West property line and that of our neighbor. The South retaining pond is located West and South behind two more residences. The second retaining pond is north of our property. We are well aware that this is an agricultural area; however the proposed dairy farm will sharply devalue our property as it will add multiple health and environmental hazards preventing it from being an acceptable place to live. In the initial composting stage, the manure smells like rotting carcasses. In the final stage of composting, the moisture content of the compost is so low that it is like a fine dust. Our daughter and one granddaughter have asthma. The dust and stench from the composting will worsen their asthma. The flies will be constant. Being within a couple hundred feet of the compost, we would not be able to get away from the constant stench, dust and flies. The control of the health and environmental issues look good on paper, but reality is different. Please deny this special use permit as it is incompatible with the size and location of the site and will compromise the quality of life of the adjacent residents and value of the established adjacent residences. The number of animals and the twenty-four hour operation is more commercial instead of agricultural. Sincerely yours, (----,-/__r Josep 1 K }eger rte. 7 Elizabeth Krueger EXHIBIT I 8519 Weld County Road #21 Fort Lupton, Colorado, 80621 June 7, 2RECEI M Ate® Weld County Dept. of Planning Services JUN 1 1 7n17 1555 N. 17th Avenue Greeley, Colorado 80631 Weld County Pianning Department GREELEY OFFICE To Whom It May Concern, We just received notice of a case#USR12-0034 review notification for a proposal to allow a dairy farm of up to 8000 head of cattle adjacent to residential properties located on CR#21. We are very concerned as to what is meant by dairy farm. 8000 head of cattle is far too many to be located on such a small area which makes us believe it may be a feed lot. The area may be classified as agricultural but we doubt its intent was to have it over populated. Farming crops, pasture, or poultry seem more reasonable. Even with the previous turkey farms, odors were extensive when they cleaned out their buildings, but it lasted a few days and was tolerable. We previously had a neighbor who proposed a duck farm with 4000 ducks and some greenhouses on his 2 acres of land and the Health Board (which I was once a member) and the Commissioners both turned it down. We are not sure who oversaw the planning of this project, but no consideration was made concerning that this land proposed for so many head of cattle has its watershed flowing south-east towards the residential properties and should all the urine and diseases flow down this watershed,the stench and safety hazards would be unbearable. Also our property values which are presently about a half million each would go down to almost nothing. Should this go through with all these cattle crowded into a small area it would be very unhealthy and costly to its neighbors. We already have a feed lot covering a larger area with fewer heads of cattle south west of us and occasionally the wind drives the odors our way, but being farther away, it is tolerable. We also experienced a huge hay fire a couple years ago on this feedlot and this caused much fear to residents nearby. Should a fire occur on this new proposed area, there would be no way to stop it from wiping us out, being so close. Had this proposal planned for 800 head of cattle to be used either as pasture or as a dairy farm with a processing plant on CR#20, it would be more practical and more acceptable. We strongly reject any overcrowded and unhealthy feedlot this close to our residences. If you have a larger map and description of this proposal, please send it down either by USPS or by an e-mail (akelacmb@live.com) attachment for our review and with the neighbors also. One other thing we need to mention is that roads CR18, 20 and 21 were (confirmed) appropriated back in the early 1970s to be paved within 8 years and as yet no pavement. CR#20 just got a new road base which created some hope, but 18 and 21 need a road base also to keep the dust down a to improve the surfaces from being so rough on vehicles. Your support, by providing more information, will be much appreciated and help us prepare for any hearings in the future. We wish to cooperate with new owners providing we don't have an over-crowded, unhealthy and devaluating situation. Sincerely: Charles M. Baum e-mail address: akelacmb@live.com EXHIBIT, 1 10 8590 CR 21 Fort Lupton, CO 80621 8/5/12 Planning Commission RE: USR12-0034 To Whom It May Concern: I'm all for mega-dairies and mega-giant Leprino having a plant in Greeley. But not when it would adversely change the character of our neighborhood and adversely affect the quality of life of the residents and property owners. Of all people, Mr. DeHaan should realized that his current dairy layout of 160 acres, (4000 head) which is completely surrounded by 480 acres of open farmland, is disparate with the proposed 152 acre (8000 head) dairy. While there are a handful of non-contiguous homes on the outer perimeter of that section, none is within a 1000' of the dairy property proper. The proposed dairy has 18 family residences within 1000' feet. The dissimilarity is obvious and for this reason alone, the proposal should be denied. For the Planning Commission to recommend this proposal to the County Commissioners would be a reckless act; setting a precedent for other dairies of this size on limited acreage to adversely affect current property owners. As a concerned citizen, resident and property owner, I request that you do not recommend this proposal in its entirety. Thank you. J. Frank Hobbs EXHIBIT 1/9 8590 CR 21 Ft. Lupton, CO 80621 8/5/12 Barbara Kirkmeyer Weld County Commissioner Dear Commissioner Kirkmeyer, I am writing you on behalf of my husband and myself. We are objecting to a proposed industrial mega-dairy at woo WCR 20. There are many residents who have made their home here for years; we have been here twenty two years. They, we, have not been considered in this business proposal, for what seems to be, obvious reasons. Our neighborhood of eighteen families has been relegated to 2 words "rural residential". There are no lines of demarcation indicating our homes and properties on the plan. Four of the families would be contiguous to the proposed dairy; having either slurry ponds or manure piles in their backyards. Certainly neither of which would be desirable in your backyards'? RE: "agricultural uses that surround this site" There are/is : NO poultry farms in production NO hay production NO cattle grazing NO dairies NO feedlots 1 4o acre (approx) parcel in corn (the extent of crop farming on this section) BUT there are 15 families and their properties, which would be adversely affected. Granting this proposal would change the character of the neighborhood and would additionally adversely affect health and safety due to the exponential increase in flies. Flies are extremely difficult to confine, they go where they want. In referring to the Weld County Mission statement granting this proposal would be inconsistent with "codes so that quality of life and property values are maintained for County residents, businesses and property owners through response to citizen concerns." We, as concerned citizens, residents and property owners, request that this proposal be denied. Thank you. EXHIBIT Frank Hobbs 9 f2 Marian Hobbs RECEIVED William J and Diane B Van Wormer 9289 C.R. 18 AUG 1 q 9r)19 Ft. Lupton, CO 80621 Weld County r a nine Department GREELEY OFFICE August 3, 2012 Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: Case #USR12-0034 To Whom It May Concern, We are opposed to the proposed "dairy farm" at 9743 WCR 20, Fort Lupton, CO. Our property is on the North side of WCR18, across from the current dairy. The ever present flies and smells that accompany a dairy have become a part of our daily lives. But increasing that, and having that come from the opposite direction (proposed NE of us), would be more than a nuisance. We have 1/: to % acre of vegetable/fruit gardens, from which we donate produce. Thus, we are working outside our house most of the time that is spent at home. Another concern would be having a fire, similar to the one in 2010 in the hay/straw stacks at the dairy across the road. If a fire of that magnitude came across the field, it would destroy some of our homes. We already have too much road use by large commercial vehicles, leaving our road a washboard most of the time, and causing the dust to be overwhelming at times. Since the shortest route is preferred by all, it seems only likely that some of the traffic associated with another commercial type of operation will add to the already deteriorating condition of our road. We also worry about how our property value, and that of our neighbors, will be affected by the proposed operation. Please vote to recommend denial of the permit.. Thank you for your considerations. Sincerely, /Ct.Ll '3yC74C William J and Diane B Van Wormer cc: bkirkmeyer@co.weld.us lizandi@skybeam.com EXHIBIT f3 Michelle Martin From: Trevor Jiricek Sent: Monday, August 13, 2012 9:07 AM To: Michelle Martin Cc: Tom Parko Subject: FW: Case# USR12-0034 Michelle, This is the letter I referenced this a.m. Trevor Jiricek Director Department of Planning& Environmental Health Services 1555 N. 17th Avenue Greeley, Colorado 80631 Email: tliricek@co.weld.co.us Office it 970-353-6100, Extension 2214 Fax#:970-304-6498 L 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: Barbara Kirkmeyer Sent: Monday, August 13, 2012 6:20 AM To: Esther Gesick; Commissioners; Trevor Jiricek Subject: Fwd: Case # USR12-0034 Please add to the record Sent from my iPhone Begin forwarded message: From: thomas Harris <flyfish8575 cr,hotmail.com> Date: August 12. 2012 9:38:44 PM MDT To: Barbara Kirkmeyer <bkirkmever'dco.weld.co.us> Subject: Case # USR12-0034 8575 WCR 21 August 9, 2012 EXHIBIT Fort Lupton, CO 80621 ffi s iq 1 �- Barbara Kirkmeyer Weld County Commissioner bkirkmever@co.weld.co.us Dear Commissioner Kirkmeyer, I am writing to you on behalf of myself, my family,and the 14 other families that live in my neighborhood. We are collectively objecting to the proposed construction of an industrial mega-dairy at 9743 CR 20. I would first like to cite that we are not against appropriate and sustainable agricultural utilization of this area. However,the proposed facility is neither appropriate nor sustainable, and would present countless health and safety risks to the surrounding residents. Frankly,we feel that this operation is too intense a use for the neighborhood. My family has made a home in this rural area as we enjoy the outdoors and appreciate the peace that this area provides us. We have lived here for 14 years and recently added a third generation to our family of rural enthusiasts. One may think that because the proposal is structured on the modification of an existing facility that it would have little impact on the area. However,the existing facility is significantly smaller and creates far less commercial traffic than the mega-dairy that is proposed to replace it.The increased footprint of the facility will be seen in the traffic, air,and landscape,and will be a permanent reminder of thoughtless commercial development and intrusion. On a personal level,our properties back up to the proposed "dairy,"which is also known as a commercial animal feeding operation.The plans indicate that there would be compost and slurry ponds within 500 feet of our homes,and the operation is contingent on processing thousands of cattle a year. It is well understood that over-utilization and under-appreciation of any land will result in both financial depreciation of the land and surrounding lands,and carries long-term consequences for the soil and water.When we moved into the area,we never envisioned that it would literally be used to store and contain animal feces,corpses,and the like,of which present a health and safety hazard for anyone visiting or living within vicinity of the operation. 2 We invite you to visit the neighborhood to understand the area that we have come to call home. Approving this proposal grants the requestor the right to use,abuse, and destroy the land and place our health and livelihood in peril. We feel as though we are not considered when the application was submitted, but as concerned citizens, residents and property owners,would like our voice to be heard, and strongly request that this proposal be denied in favor of an alternative option. Respectfully, Thomas Harris Joseph,Tara and Maddix Clifton 3 August 13, 2012 To: Michelle Martin Planning Department Weld County, Colorado We are writing in regard to Case# 1.15R 12-0034. We would like to encourage the Planning Commission to vote to recommend denial of the permit for a large dairy on a fairly small acreage in our neighborhood in southern Weld County. Our neighborhood is made up of properties of various sizes with smaller family oriented businesses and residential properties, with no commercial ventures with such high density use of the land. There was no neighborhood meeting before filing the application and therefore none of the concerns of the property owners in the vicinity of the proposed dairy were addressed. The plans for the dairy have the compost pile and the retention ponds basically on the property lines of 4 homeowners, and we do not believe any amount of mitigation will control odor and flies in such close proximity.There is also concern about possible toxins that would be used to control flies and other insects, although the applicant states that chemical use would be a last resort. There is no landscaping plan nor a storm drainage plan for more than a 25 year storm. In the event of a major storm it appears that overflow from the holding pond would run right through several neighboring properties. Also there is no buffer zone between the surrounding properties and the proposed dairy. If a buffer were to be created it would diminish the area available for the dairy. We also understand that there are 5 oil and gas wells and 2 tank batteries on the site which we do not see addressed on the site plan. The area around each well used by the oil and gas companies would appear to further impact the area available for dairy buildings. While there is a need for increasing the number of dairies in Weld County to supply increasing demand, but we feel that this is too intense of usage for this neighborhood. Although the applicant is correct in stating that there are dairies in the surrounding area, none of them are at as high a density as this proposed diary will be and there is a large buffer zone around these dairies. There will be at least 18 families directly affected by the increased dust, flies, noise and odor and additional families that will be affected by the increased traffic on Road 20 and Road 19. We have already seen a large increase in heavy traffic on Road 20 due to the gravel trucks and oil industry that use our road as a route to the west as well as traffic from Frederick and Firestone that travels east. In an effort to continue our rural way of life we would encourage the Planning Commission to deny this application and not set precedent for high density commercial use of land that abuts residential acreages. Thank you for your consideration in this matter. Henry A. Thuener II Deborah A. Thuener 10303 County Road 20 For Lupton, CO 80621 hatii@msn.com 303-947-7665 EXHIBIT Cc: Barbara Kirkmeyer s Michelle Martin From: Tom Parko Sent: Tuesday, August 14, 2012 6:58 AM To: Michelle Martin Subject: FW: Front range dairy. FYI. Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-353-6100, ext 3572 Mobile:970-302-5333 t! f; II, 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: Barbara Kirkmeyer Sent: Tuesday, August 14, 2012 6:52 AM To: Tom Parko; Esther Gesick Subject: Fwd: Front range dairy. Weld County Department of Planning Services In care of Michelle Martin Case number USR12-0034 Name: BB Colorado Holdings, LLC ! We would like to express our [ non support ] of the proposed 8000 head dairy for this location. Our home is located directly east of this property on road 21 . We have lived at this address for 24 years. We have many concerns about this dairy / feedlot. This dairy will bring many health concerns to us and the surrounding area [ heavy dust, fly and insect production, noise, bad oder, high traffic and drainage problems ]. This is a quiet neighborhood and will be completely changed if this project is approved. The property is undersized for this dairy and is very close to many homes,[ no set backs from property lines ] 1 1 1 1 1 1 EXHIBIT Weld county has many other locations which would be better suited for a large dairy operation such as this. The impact to this area will be significantly bad. please do not allow this to happen to our neighborhood and home. Thanks for your consideration Bryan and Dawn Bernhard Sent from my iPhone Begin forwarded message: From: Dawn Bernhard <ranchbbb@hotmail.com> Date: August 12, 2012 8:59:44 PM MDT To: Barbara Kirkmeyer<bkirkmeyer@co.weld.co.us> Subject: Front range dairy. 2 Intro: Hi, I am Holly Oxley and this is my husband Jan Oxley, We live at 8653 CR 21 in Ft Lupton CO and we have lived here for 11 years. And we strongly oppose this plan and request that you vote against it or any dairy that would require a special use permit. There is a long list of reasons why this plan should not be approved, and you have heard most of them many times over today. But we feel it worth saying again. There will be 24 hours a day of light, noise, and air pollution. Light pollution for the lights that will be on at night to conduct the work as this will be a 24 hr a day operation, (we will no longer be able to sit out and enjoy the night stars) Noise pollution for the equipment that will be running all day and all night not to mention the noise that the cows make 24 hours a day. (imagine a large number of cows mooing all the time) (and they do) And the air pollution: There will be dust from the compost piles and the barren ground from all the cows trampling it a barren nothingness, And the pesticides that will be sprayed in an attempt to keep the unbearable number of flies, and mosquitoes down. The flies and mosquitoes are major carriers of disease for both humans and animals and they will be present year round along with the fly fecal matter . This is of concern for health reasons. With this poor air quality we would no longer be able to barbeque on our patios, entertain any guest, open our windows for the cool evening breeze or just sit out side to enjoy the quite dark cool evening air. If this plan is approved we will never be able to open our windows again for the Oder of the facility and the insects. Then there is the concern for property values. Case studies indicate that these types of operations diminish adjacent property values by 50-90%. This info comes from the appraisal journal. (We have 31 years of hard work invested in a modest home and 2 acres of property, if this plan is approved we feel our property along with our neighbors properties will be of no value to our families or anyone else.) EXHIBIT 9 11 Pg2 If this situation was turned around, this was an existing dairy and the plan was to build a neighborhood, everyone would think this whole idea insane. After all who would want to place their back door just 150 ft from a slurry pond or even down hill from one. I think everyone would find this unacceptable or the person purposing the idea a little crazy. So then why is it ok to place a mega commercialized dairy in an existing neighborhood? As we look at this plan we wonder, first off why did they not come talk to us as a neighborhood about what they where planning, second why no buffer zone at all, third why the lack of respect for the people that live in the area, the placement of an slurry pond just a few feet off the property line close to where a neighbor lives is a definite lack of respect. Finally, why here? As someone who has lived near a dairy and who has family members that work for and live on a dairy I can speak from experience about the smell, the flies, fly fecal mater and the mosquitoes and how they effect your daily life. You can not work outside or go for a run or walk outside without the constant presence of something (fly or mosquito) in your face or crawling on you. We understand that there is a plan to help with pest and dust control, but we have never seen one of these plans work. We feel that if this industrial dairy is approved that the quality of our lives and that of our neighbors lives will never be the same again. As we won't be able to enjoy the out of doors as we now know it again,we won't be able to do our organic gardens have our organic honey bee hives or just enjoy our space that we have worked for. Pg3 Most homeowners have a choice as to where their back door will lead, for us this choice will be made by big business and a county commission. We ask for you to please take into account how you would feel if this was your neighborhood. You had the right to choose what was in your back yard, now you will help to choose what is in our back yard. Also remember that the owner of this business probably won't even live near it. In closing: we ask that you reject this proposal for the too close of quarters and the too intense of usage for such a small area of land. This is obviously a business plan based on profit, disregarding at whose expense that profit will come. r Prwl Pt cc/pr 7fh k. C wrQ r• = -711 4 r_ :: We ask that you help to save our little piece of heaven. Thank you Flies and Disease John H. Kirk Veterinary Medicine Extension, School of Veterinary Medicine, University of California Davis, VMTRC,Tulare As we approach the warmer seasons of the year it is well to think about controlling flies on dairies,as they are known to carry both animal and human diseases. With the approach of warmer weather,the flies begin to increase in numbers rapidly as their generation time within manure and decaying feeds becomes increasingly shorter. Here are some reasons to prepare for fly season. Mastitis Flies are known to carry Streptococcus and Staphylococcus bacteria in their mouthparts and on their feet. The common housefly,which is not a biting fly, sponges up moist materials with its mouthparts as it feeds.The"fly specks"seen on walls and corral fences are actually small amounts of vomit and fecal matter left behind by the flies. Often these "specks"contain bacteria that will also be deposited at the next place the fly lands to feed or rest. Flies particularly like decaying matter whether animal or plant so they feed on rotting placentas or manure pats. Cows that leak milk in between milking periods are frequent targets for housefly feeding.And it just happens that cows that leak milk are more likely to have mastitis than other cows. So more often than not, the milk that the housefly sponges up contains mastitis-causing bacteria. The biting flies are particularly troublesome for cows. They often bite on the teats and teat ends of cows where the skin is thin.These flies have been shown to be able to cause enough irritation and damage on the teat ends to result in wounds and scab formations. Staphylococcus bacteria such as Staph. aureus readily grow in these bite injuries and around the scabs. Even in heifers before they calves; mastitis can occur from the bite injuries that become infected with bacteria. As with any wound on the teat,mastitis is almost always sure to happen.These cases of Staph. aureus mastitis often become chronic resulting in decreased milk quality and production or perhaps early marketing. Pinkeye The Moraxella bacteria that cause pinkeye in calves are readily available in the tears and discharge from calves for flies to feed on. When fly populations are high, pinkeye infections rapidly spread from calf to calf as the flies move from one calf to another. Houseflies are particular adept at moving bacteria as they feed from one moist area to another. Face flies will also increase the spread of pinkeye. While most of the pinkeye lesions will heal slowly over 45-60 days leaving only a white scar, however, in about 1% of the cases the eye will rupture and eyesight will be lost. In addition, expensive antibiotic treatment is required in most cases of pinkeye. Decreased Production When biting fly populations become excessive,they chase cows and calves as they attempt to bite. In an effort to avoid fly bites,the cattle will crowd together constantly trying to get in the center of the herd. This avoidance behavior takes them away from the feed bunks and production may suffer 5-20%. Growing heifers also demonstrate this avoidance behavior when chased by many biting flies.They may even loose weight during the peak of the fly season instead of gaining. Potential Infections Flies are also known to carry bacteria such as Salmonella and E. coli O 157 that are potential human food borne pathogens as well as animal pathogens. Flies can carry Salmonella from a cow with diarrhea in the hospital pen to nearby calves in hutches.A recent report indicates that E. coif O157,"the hamburger E. co/i", beyond just being carried on the fly mouthparts and feet,can multiple within the housefly. Thus the housefly is more than just a carrier; it is a source of multiplication. As these bacteria are being monitored in slaughterhouses that take market dairy cows,fly control may become another avenue for reduction of contaminated dairy cows arriving at the slaughterhouses. Basic Control Strategies The basic strategy for control flies on dairies is to reduce the amount of potential breeding locations. The primary fly breeding locations are in fresh manure(Photo 1), bedding materials such as straw in calving areas or around hutches(Photo 2)and decaying plant material such as silage or hay. Composting grass clipping are also suitable breeding locations for some flies. Common locations for these breeding sites are along fence lines and around feed bunks. Removing these breeding sites is the cheapest means of controlling flies. More expensive steps for fly control may include biological control and insecticides. Now is the time to begin gearing up for fly control. Search the dairy for breeding locations and remove them before the fly populations begin to develop. Once the weather gets really warm and ideal for rapid fly propagation,control becomes much more difficult and expensive. Photo 1. Fresh cow manure is an ideal breeding site for some flies. / - Noaktic l ta'7▪� r + wtVcc �� .**.t..4.7-;::::'' ;c'r `�ac�x.▪ . u A.*ht.'s/ .c �, � . a, Tr, 3:. 3 � ` `+, . ,' ~ +4 mot : tit -t ,%c�C i \ , -.y.�Z1t ..• i •i�r� Photo 2. Straw bedding materials around calf hutches provides an excellent breeding site for flies. _ j j yl - I s # if 'i:` =`a' '-. s giitit rC. r4)7S :O t.f.,/�f-h'.w▪ 7 �c .Te r 11 "'4 ����.i;;.-;'•§ / h lh YJ y !: ,rim �� r (�ry~ ! F ' ''t• r _ tZ • yr f+t^tr-yy ci -a7. ..:;?,.,):7•1,,/, House Fly and Disease Houseflies are recognized as carriers of easily communicable diseases.Flies collect pathogens on their legs and mouths when females lay eggs on decomposing organic matter such as feces,garbage and animal corpses. Houseflies carty diseases on their legs and the small hairs that cover their bodies.It takes only a matter of seconds for them to transfer these pathogens to food or touched surfaces.Mature houseflies also use saliva to liquefy solid food before feeding on it. During this process,they transfer the pathogens first collected by landing on offal. Diseases carried by houseflies include typhoid,cholera and dysentery.Other diseases carried by houseflies include salmonella,anthrax,and tuberculosis. Houseflies have also been known to transmit the eggs of parasitic worms. House Fly Eyes Sounds of a house Fly I/flies/house-fly/house-fly-and-disease/ 7/17/2012 Concentrated Animal Feeding Operations and Proximate Property Values Page 1 of 5 Animal Production Systems DircLi ui d Ir1dir cf C_OSI-3 or .kcairnicrohlul U.::. in hccd Anim lL: Concentrated Animal Feeding Operations and Proximate Property Values Abstract John A. Kilpatrick The Appraisal Journal July 2001, Volume LXIX Number 3 Concentrated animal feeding operations(CAFOS)are often called"feed-lots."They may include facilities where animals are raised or where animals are brought for slaughter.The common denominator is a large, perpetual inventory and density of animals. Currently,the USDA and the EPA estimate that livestock in the United States produces 130 times the amount of manure produced by the entire human population of this country.Spills from CAFOs have killed fish in several states; phosphorus in land and water has been correlated with livestock density;and manure has caused eutrophication and degradation of U.S.waterways. The trend toward CAFOs has been rapid and pronounced In the U.S., but federal and state laws generally are considered to have some gaps. In addition to water quality issues resulting from manure and waste run-off,these facilities attract flies and other insects and pests that parasitize the insects. Professor John Ikert,an agricultural economist with the University of Missouri at Columbia, sums up the problems quite succinctly In a recent working paper when he says,"Piling up too much'stuff in one place causes problems."Writing specifically about swine CAFOs, he goes on to comment,"if you spread out the hogs and let hog manure lay where it falls in a pasture, it doesn't bother anyone very much. But if you start collecting it,flushing it,spreading and spraying it around—all normal practices in confinement hog operations—it becomes air pollution." Because of the noxious and obvious problems associated with CAFOs,many states have enacted severe restrictions on permits.For example,in 1997 the legislature of typically livestock-friendly Oklahoma mandated setbacks and other pollution controls,and in 1998 that legislature enacted a moratorium on new livestock permits.'Kansas is another typically agriculture-friendly state that recently has enacted a moratorium on CAFO,and it is considering legislation to end CMOs.In 1998,the North Carolina legislature,faced with unregulated establishment of CAFOs, enacted House Bill 1480,which mandated the registration ofgrowers for integrators,extended a moratorium,and mandated substantial elimination of both atmospheric emission of ammonia and odor beyond the boundary of existing CMOs. Minnesota enacted similar odor control legislation in 1997 and established both a complaint control protocol and an enforcement response protocol specific to CMOs. CAFOS and the Value of Nearby Real Estate A CAFO impacts the value of proximate properties to the extent that the CAFO is viewed, in the market,as a negative externality.As an externality, it is typically not considered to be economically"curable"under generally accepted appraisal theory and practice.Some of this loss in value may be attributable to stigma,when there are unknowns and risks associated with ownership of the property. http://www.pmac.net/AM/property values.html 7/17/2012 Concentrated Animal Feeding Operations and Proximate Property Values Page 2 of 5 Impairment and Value-An Overview From an economic perspective,the rights enjoyed by a fee-simple owner fall into three categories: 1. Right of use and enjoyment 2.Right of exclusion 3.Right of transfer It is important to note that in the U.S.property itself is not"owned," but rather the rights of the property are owned.The ability to delineate these rights,and the ability of owners to transfer some or all of these rights voluntarily is a necessary condition for property valuation. Use and Enjoyment The first of these rights,that of use and enjoyment,is generally interpreted to mean that the owner may determine how property will be used,or if it is to be used at all.The right of use traditionally is limited in western culture by both public restrictions(e.g.,eminent domain, police power)and private restrictions(e.g., liens, mortgages). Private restrictions are generally voluntary,and property owners willingly submit to the disutility of such restrictions in trade for some other economic benefit For example,a property owner will issue a mortgage to a lender in trade for leverage in the purchase.Also,a homeowner will purchase in a subdivision with covenants and restrictions in trade for the assurance of uniform property use within the neighborhood.It is noteworthy that the voluntary acceptance of private restrictions Is always in trade for some economic compensation.For example,a property owner may grant a scenic easement,which restricts the use and enjoyment of his or her property, but will expect to be compensated for that easement An Impairment often places a restriction on the right of use without some economic compensation.This is illustrated in potential restrictions that may be placed on the use of real estate due to a physical impairment and can thus limit the property to something less than Its highest and best use. For example,odor or flies from a nearby CAFO will restrict the use and enjoyment of impaired property without compensation. Right of Exclusion The right of exclusion—often called the right of exclusive use or right of exclusive enjoyment— provides that those who have no claim on property should not gain economic benefit from enjoyment of the property.In other words,the right of use is exclusive to the property owner, and any violation of the right of exclusive use typically carries either payment of compensation to the rightful owner or assessment of a penalty. For example, if"A"trespasses on land owned by"B,"then"A"will be guilty of a crime and a possible criminal penalty may be in order,as well as civil damages.Physical impairment,such as the odor or flies, in effect is a trespass on property rights and violates the right of exclusion. Society places a high value on the right of exclusion,for justifiable reasons.Exclusion provides that both the current benefits of ownership as well as future benefits accrue only to the rightful owner,and his/her successors and assigns.In the absence of exclusion,the right of use is under constant threat of nullification without just compensation. In an economy without the right of exclusion, property owners would adopt short-term strategies for use,rather than long- term strategies.In an economic sense,this would lead to widespread inefficiency in the allocation of resources.Hence,the right of exclusion carries with it a significant societal good, and thus a significant,societally recognized Value. Right of Transfer Finally,the right of transfer provides the owner with the ability to swap one resource for another.An impairment restricts the right of transfer,and may destroy the right of transfer altogether. Effects of Negative Externalities on Property Values Real estate economics and appraisal practice uniformly recognize that many externalities such as contamination may have a negative impact on property values. For example,appraisers are http://www.pmac.net/AM/property_values.html 7/17/2012 Concentrated Animal Feeding Operations and Proximate Property Values Page 3 of 5 required by the Uniform Standards of Professional Appraisal Practice(USPAP)to consider the impacts of such contamination in the value estimation process. "Real estate economics and appraisal practice uniformly recognize that many externalities such as contamination may have a negative impact on property value" Fitchen was one of the first to look at the value of the rights of a property owner in the face of impairment-in that case,a toxic chemical pollution.As an anthropologist and a professor of anthropology,she looks principally at residential values and considers not only the real aspects of"violation of the home" by contamination(e.g.,carcinogenic effects of polluting chemicals) but also the symbolic interference of what she calls"...a threat to the assumptions people have about themselves and the way life is supposed to be."She notes,"Toxic contamination also attacks the valued institution of homeownership,violating many of the rights that are assumed to flow from the ownership of ones home, including the assumed right to control entry to it....Chemical contamination may affect homeowners more seriously than renters,not only in terms of potential financial loss, but also in terms of devaluation of the achieved status of homeowners." Edelstein also deals with this"home"theme,and calls impairment to or near a residence an "...inversion of home..."when"...the previous locus of family security and identity becomes instead a place of danger and defilement."He builds on previous works,such as Perin and Altman and Chemers,that show the very special place the home has in American society, culture,and economics. Perin states, "Not being a nation of shopkeepers,America is one of homeowners, busily investing in plant maintenance and expansion with both money and time, keeping the product attractive for both use and sale." Edelstein specifically stresses the investment diminution aspect of the inversion of home principle. In citing case studies of experiences following neighborhood-wide impairment In the Legler section of Jackson Township in southern New Jersey, he shows that residents could not separate the psychological pride in home ownership from the question of economic value. Surveys of the population found uniformity of opinion that property values had diminished as a result of the problem.While previous studies had focused on the diminution of value from existing homes, Edelstein was one of the first to focus on the opportunity costs stemming from the inability to move. In short, homeowners were stuck holding unsellable homes with stagnant prices,while homes in other neighborhoods were soaring in value.Thus,the owners were harmed not only by the diminution of value in the existing residences, but by the opportunity costs inherent in lost gains from alternative home investments. Value Loss:Stigma Issues Edelstein refers, in a general sense,to the issue of stigma as a mechanism for manifestation of value diminution in residential property.Stigma is an increasingly common term in appraisal and real estate economics literature,and refers to a very specific quantitative mechanism by which value is impacted by proximate contamination or negative externalities. The earliest references to stigma as a quantitative concept in real estate economics appear to be in the writings of Patchin and Mundy.The latter study differentiated between the cost to cure and the cost of stigma.The former is an out-of-pocket expense born either by the property owner or some other responsible party,while the latter manifests in property value diminution even in the absence of a cost to cure. For example,a property that is completely cured may continue to suffer a diminution in value,and hence damages, because of stigma. Kilpatrick outlines the quantitative model by which the value of income producing property is reduced by the effects of stigma manifested via increases in market driven capitalization rates. He outlines four components of income producing property value impacts:net operating income,actual cost-to-cure,ongoing increases in maintenance,and stigma. In his model,the stigma losses actually overwhelm the other three factors as a component of value diminution. He concludes that under many circumstances the stigma impacts are actually the greater portion of value losses to property owners. http://www.pmac.net/AM/property_values.html 7/17/2012 Concentrated Animal Feeding Operations and Proximate Property Values Page 4 of 5 Other Proximate Contamination Issues The issue of value loss for proximate contamination or other impacts has been considered in a number of studies,and includes how the citing of an externality,such as a CAFO,can impact nearby values. Some of the earliest researchers,such as Blomquist, looked at the impact of locating a power generating plant,while Gunterrnann showed that landfills have a negative impact on the value of surrounding industrial property,and that this value loss has a spatial component. Kinnard and Geckler had similar findings for nuclear facilities,as did Kinnard and Kiel for hazardous waste sites. In a similar vein,Colwell analyzes the property value diminution associated with proximity to power lines,and Kirshner and Moore show that water quality can impact nearby residential property values.Simons's study of pipeline ruptures shows that diminution in value occurs on properties up to two miles from the site of a petroleum spill. Case Studies The following cases illustrate the effects of CAFOs and the impact of CAFOs on property value. Minnesota Case Study A homeowner in Minnesota lives about two miles from one swine CAFO and about three- quarters of a mile from a second CAFO.When these CAFOs were first opened in the early 1990s, she was initially a supporter.However,she and her family immediately began suffering Illnesses,which they attributed to the proximate CMOs.She contacted the Minnesota poison control center and for the first time learned about the dangers of hydrogen sulfide emissions. She kept track of her Illnesses and weather conditions(e.g.,wind and direction)and concluded that her illnesses were caused by the emissions from the CAFOs.Testing was warranted, and on at least one occasion the reading was above 1,000 ppb hydrogen sulfide,well above danger levels. North Carolina Study Palmquist,et.al,were the first to quantitatively determine that the distance from a residence to a CAFO has an impact on residential values. However,their study looked only at residences already near CAFOs and measured the impacts of additional CAFO capacity(either new CAFOs or additional livestock at existing CAFOs)located at 0.5-,1.0-,and 2.0-mile distances from the residence. Nonetheless,they established a methodological model for spatial impacts of CMOs. University of Minnesota Study In 1996,the Minnesota Department of Agriculture commissioned a study by researchers at the University of Minnesota on the topic of value diminution resulting from proximate CAFOs.In addition to substantial secondary research in the area,the study authors also conducted primary research into value impacts in that state.Specifically,they conducted a hedonic price analysis on 292 rural residences that were sold during 1993-1994 in two Minnesota counties. They found a statistically significant pricing impact related both to the existence of a CAFO as well as the distance from the CAFO.In other words,not only does a CAFO have a significant impact on property value,but the nearer the CAFO,the greater the impact.The researchers also found that CAFOs tend to be located near older or lower valued homes. Hence,the pricing impacts in a simple empirical study may be muted by other negative impacts to value, and high- valued residences may be impacted to a greater degree by CMOs than would be suggested by their findings. University of Missouri Study Following the methodology of the Minnesota study, researchers at the University of Missouri were able to quantify both the average value impact of a CAFO and the impact by distance.An average vacant parcel within 3 miles of a CAFO experienced a value loss of about 6.6%. However, if that parcel was located within one-tenth of a mile from the CAFO(the minimum unit of measure in the study)and had a residence on it,then the loss in value was estimated at about 88.3%. Pasco,Washington Case Study http://www.pmac.net/AM/property_values.html 7/17/2012 Concentrated Animal Feeding Operations and Proximate Property Values Page 5 of 5 A 309-acre family farm that had been operated for many years produced alfalfa,asparagus, corn,apples,peaches, nectarines,cherries,melons,and a range of garden produce.A CAFO was adjacent to the residence(about 1/4mile away),and consequently the farm product was impacted by dust,files,fly fecal matter,and odor.The farm was appraised for litigation purposes and a value diminution of over 50%was determined,using traditional farm appraisal methods.The CAFO settled the lawsuit by purchasing the plaintiffs farm and relocating the residents to a nearby farm that was not impacted by the CAFO externalities. Michigan Horse Farm Case Study A horse-breeding operation (owner-occupied farm) is located approximately 1,000 feet from a recently constructed large scale,pork processing facility.The use and enjoyment of the home has been diminished by airborne externalities,and the ability to use the site as a farm may be compromised as a result of flies carrying animal blood and feces that contain antibiotics and other nuisances.In 2000,the property owner appealed for a property tax reassessment representing a devaluation of over 50%from fair market value,and the county attorney concurred with that appeal. Michigan Residence Case Study A family purchased a"fixer upper"residence in rural Vicksburg, Michigan in 1995.In 1997,a large-scale pork processing facility was located about 700 feet from the home.The reduction in air quality was so severe as to force the residents to abandon their home and move elsewhere. To date,they have not been able to sell the home.The owner of the processing facility offered to compensate them for 60%of the fair market value of the home(i.e.,a 60%diminution in value). As of this writing, litigation is pending. Summary and Conclusions The above suggests that the establishment of a CAFO may result in value diminution to other nearby properties.The amount of the value loss is typically an inverse function of distance (closer properties diminish more),a function of property type(newer,nicer residences lose more),and a function of property use(farm will lose value due to diminished productivity and comparative marketability to other farm lands).While the appraisal profession has only begun to quantify the loss attributable to CAFOs, it is clear from the above case studies that diminished marketability, loss of use and enjoyment,and loss of exclusivity can result in a diminishment ranging from 50%to nearly 90% of otherwise unimpaired value. When appraising a property located proximate to a CAFO,the appraiser needs to consider seven specific Issues,each of which will have an impact on the value conclusions: 1.Type of subject property, 2.Distance to the CAFO, 3. Physical manifestations(e.g.,air quality,insects), 4. Engineeringlscientific testing performed(e.g.,air quality), 5. Impacts on property use(e.g.,habitability, rental income or vacancy), 6. Marketability evidence(e.g.,time on market of comparable properties),and 7. Impact on highest and best use. While there is little disagreement that a CAFO has an impact on surrounding property values, the degree of impact is clearly a function of the inter-play of these factors. John A. Kilpatrick is a partner and senior analyst with Mundy Associates, LLC,an economic, market,and valuation firm specializing in complex real estate matters headquartered in Seattle, Washington. Kilpatrick is the author of four books and numerous articles on real estate matters, and is a frequent speaker on real estate economics and valuation. He did his graduate work in Real Estate Finance at the University of South Carolina.Contact:Suite 200 Watermark Tower, 1109 First Avenue,Seattle,Washington 98101.(206)623-2935;fax:(206)623-2985;email: john@mundyassoc.com. i Back to Main Index Page http://www.pmac.net/AM/property_values.html 7/17/2012 EXHIBIT / 8 FRONT RANGE DAIRY WEl,O COUNTY USE.BY SPECIAL REVIEW PAL(' O1' I I IL NORII IEASI 14 OF SECT ION 22. 1OWNSI III'2 NORM I.RANGE 67 WEST'.Oh ll IL 6th P.M..COUNTY OP WELD.STATE OF COLORADO n rFulllt I p lr n 1$ I I 15.14 22 2. 23 u c I —I i r . . I 12 IIIIII F. FETE I I FE I J H — > > - -. - - ... PDI I I I(III DICINII _ I3 lights -ne ��m rr rmnnnr O 2 _ U ...... InuldigoAll other lig him OH Nile OW Icciien 21-3 1ii,II I.ail, R _ _ "..\‘'..„.1.,,,,c.,„ s�outlined e��I at.r wnk ,� �a �.�4r , I:I J O _ _ — _ r T N o s U-1 22 N N 111_ EXHIBIT Michelle Martin From: Kelsey H. Wasylenky[kwasylenky@kpk.com] Sent: Thursday, July 26, 2012 4:10 PM To: Michelle Martin Cc: Molly Buchanan; Enright, Terry; Avi Mehler; Kris Ellis Subject: KPK Notice and Objection to Front Range Dairy/BB Colorado Holdings, LLC- USR 12-0034 Dear Michelle, Thank you for taking the time to talk to me today about the Front Range Dairy and BB Colorado Holdings, Inc.filing with Weld County for a site specific development plan and USR 12-0034. Pursuant to our conversation, K.P. Kauffman Company, Inc.(KPK) has the same comments and objections to this filing as Kerr-McGee Oil &Gas Onshore LP(Kerr- McGee)and would like the record for this matter to reflect KPK's notice that it owns oil and gas interests on the subject property and objects to the approval of a final application for development until an agreement is reached between KPK and the applicants. KPK operates the Premium Turkey Farms O12(SE/NE),the Premium Turkey Farms C#1 (SW/NE),and the Premium Turkey Farms B#2 (NW/NE)on the subject property. KPK requests that all producing and future oil and gas locations be reflected on the applicant's final plat. KPK is willing to work with the applicants and Kerr-McGee to negotiate a surface use agreement that accommodates the interests of all parties. Please consider this email KPK's notice of oil and gas interests and its objection to the above referenced application. KPK would greatly appreciate being included on all subsequent notices and filings associated with this USR,which can be sent via email to my attention or to the address listed in the signature line below. Many thanks and best regards, Kelsey H. Wasylenky Corporate Counsel K.P. Kauffman Company, Inc. 1675 Broadway, Suite 2800 Denver, CO 80202 303-825-4822 303-825-4825 (fax) kwasvlenkv(akpk.corn NOTICE: This electronic mail transmission, including any attachment, is intended only for the person to whom it is addressed and contains information that is confidential and legally privileged. If you are not the intended recipient, please notify the sender at the e-mail address or telephone number given and destroy all copies of this message including any attachment. Thank you. MOLLY SOMMERVILLE BUCHANAN, P.C. Molly S. Buchanan 1580 Lincoln Street, Suite 1200 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 July 24,2012 Via e-mail and Federal Fraress Michelle Martin Planner III Planning and Building Department 1555 N. 17th Avenue Greeley,Colorado 80631 Re: Front Range Dairy/BB Colorado Holdings,LLC USR 12-0034 Use by Special Review and Site Specific Development Plan Township 2 North,Range 67 West Section 22: NE/4(150 acres) Weld County,Colorado Dear Michelle: Weld County has received an application for a site specific development plan and use by special review permit for a dairy farm operation from BB Colorado Holdings, LLC and Front Range Dairy ("Applicants") for property in Weld County described as approximately 150 acres in the NE/4 of Section 22,Township 2 North,Range 67 West("Property"). This letter and the enclosed objection letter are written on behalf of Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") with respect to applications for development that the Applicants file with the County that include the Property. Kerr-McGee owns certain oil and gas leasehold interests in the Property. Please fmd enclosed a letter dated July 24, 2012 entitled"Notice of Oil and Gas Interests owned by Kerr-McGee Oil & Gas Onshore LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners to be made a part of the record in the proceedings. Please send notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7)and C.R.S. § 24-65.5-101,et. seq. to Kerr- McGee as follows: Anadarko Petroleum Corporation/Kerr-McGee Oil &Gas Onshore LP Attention: Terry Enright 1099 18th Street, Suite 1800 Denver,Colorado 80202 Michelle Martin • July 24,2012 Page 2 Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, Molly Sommerville Buchanan,P.C. Molly S. Buchanan Enclosure cc: Jeff Fiske,Esq. Tent'Enright Kelsey Wasylenky/for K. P. Kauffman Company, Inc. Tim Naylor/for Applicant MOLLY SOMMERVILLE BUCHANAN, P.C. • , Molly S. Buchanan 1580 Lincoln Street, Suite 1200 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 July 24,2012 Pia e-mail and Federal Express Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 1555 N. 17th Avenue 1555 N. 17th Avenue Greeley,Colorado 80631 Greeley, Colorado 80631 NOTICE OF OIL AND GAS INTERESTS OWNED BY KERR-McGEE OIL& GAS ONSHORE LP AND OBJECTION Re: Front Range Dairy/BB Colorado Holdings,LLC USR 12-0034 Use by Special Review and Site Specific Development Plan Township 2 North,Range 67 West Section 22: NE/4 (150 acres) Weld County,Colorado Ladies and Gentlemen: This notice and objection letter is submitted on behalf of Kerr-McGee Oil &Gas Onshore LP ("Kerr-McGee") with respect to the application that has been filed with Weld County ("County") by BB Colorado Holdings, LLC and Front Range Dairy ("Applicants") for the approval of an application for a site specific development plan and use by special review permit for property described as 150 acres in the NE/4 of Section 22,Township 2 North,Range 67 West in Weld County ("Property"). Kerr-McGee owns oil and gas leasehold interests that underlie the Property. Kerr-McGee hereby gives notice to the County of the oil and gas interests it owns under the Property and objects to the approval of a final application for development until an agreement is reached between Kerr-McGee and the Applicants with respect to the oil and gas interests. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Interests Owned by Kerr-McGee. Kerr-McGee owns oil and gas leasehold interests in the Property, and, pursuant to such interests, Kerr-McGee operates three producing wells on the Property, identified as the Premium Turkey Farms B #1 in the NE/4NE/4, the HSR-Strear 2-22 in the NW/4NE/4 and the Premium Turkey Farm Unit#1 generally in the center of the NE/4. Members of the Board of County Commissioners and Planning Commission • for Weld County July 24,2012 Page 2 In addition to the wells that Kerr-McGee operates on the Property, records at the Colorado Oil and Gas Conservation Commission reflect that K.P. Kauffman Company, Inc. ("KPK")also operates three wells on the Property, identified as the Premium Turkey Farms B #2 in the NW/4NE/4, the Premium Turkey Farms C #2 in the SE/4NE/4 and the Premium Turkey Farms C#1 in the SW/4NE/4. Thus there are a total of six producing wells in the NE/4, three of which are operated by Kerr-McGee and three of which are operated by KPK. In addition to the existing wells located on the Property,Kerr-McGee has the right to drill additional wells on the Property and further develop its oil and gas leasehold rights. Kerr-McGee's recorded oil and gas leases are real property interests that entitle Kerr- McGee to produce oil and gas from the leased lands. Kerr-McGee has the right to produce from existing wells and to maintain,rework,recomplete,deepen and fracture existing wells to enhance production and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and State statutes and applicable local regulations. Kerr-McGee's oil and gas assets have significant value, and Kerr-McGee believes that the proposed surface development and use of the Property will interfere with Kerr-McGee's existing oil and gas operations and possibly preclude Kerr-McGee's ability to further develop its oil and gas leasehold property rights. 2. The.Surface Construction Proposed by Applicants does not Accommodate either Existing Oil and Gas Facilities or Future Oil and Gas Development. Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals,' and case law and Colorado statutes provide that the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each other's rights. The proposed dairy operations as depicted on the site plan identified as Sheet U-1 in the Application does not identify the wells and facilities that are currently located on the Property or provide for future oil and gas operations on the Property as required by law. See Attachment 1. Further, the proposed dairy operations as depicted on the site plan may violate Section 23-3-50 E. of the Weld County Code, which requires that certain buildings and structures be 'Sim Frankfort Oil Company v.Abrams,413 P.2d 190(Cob. 1966). Note also,Gerrity Oil&Gas Corporation v.Magness 946 P.2d 913(Cob. 1977)for the principle that the owners of both estates must exercise their rights in a manner consistent with one another. Members of the Board of County Commissioners and Planning Commission for Weld County July 24,2012 Page 3 constructed outside an area that is two hundred feet from tank batteries and one hundred fifty feet from wellheads.2 See Attachment 2. 3. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have"the same rights and privileges as surface owners." Note also that C.R.S. § 24-65.5-101 et. seq, requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions on applications for development and that the developer certify that he has given the required notice as a condition to the approval of the application by the local jurisdiction. 4. Condition Recommended by the Planning Department. The Planning Department recommends as part of its "Land Use Application Summary Sheet"in paragraph F that t) applicattt...either submtT a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns." In this case, Kerr-McGee and the Applicants have not to date entered into an agreement that takes into account both Kerr-McGee's existing facilities and operations on the Property or provides for future oil and gas activities. Further,the site plan that the Applicants propose clearly interfere with Kerr-McGee's existing facilities and operations as depicted on Attachment 2 and also fail to delineate State drill envelopes. 5. Kerr-McGee Has Entered into Many Agreements with Developers. Kerr-McGee and its affiliate, Anadarko E&P Company LP ("Anadarko"), together have extensive mineral interests and oil and gas leases throughout Colorado. Kerr-McGee and Anadarko have successfully worked with many parties who wish to develop the surface estate in 2 The 2006 International Building Code,Section 304 B,Business Group B,lists"animal hospitals,kennels and pounds,"for example. Members of the Board of County Commissioners and Planning Commission • for Weld County July 24,2012 Page 4 order to assure the compatible development of the surface and the oil and gas and mineral estates. Kerr-McGee has attempted to discuss a surface use agreement with the Applicants; however, the parties have no agreement to date. Because no agreement has been reached and in order to protect its interests, Kerr-McGee objects to the Application and requests that the County make any approval of a final application for development for the Property conditioned upon an agreement among Kerr-McGee and the Applicants. Very truly yours, Molly Sommerville Buchanan,P.C. Molly S. Buchanan Enclosure cc: Jeff Fiske, Esq. Terry Enright Kelsey Wasylenky/for K.P. 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